[Congressional Record Volume 170, Number 60 (Tuesday, April 9, 2024)]
[House]
[Pages H2191-H2229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
A STRONGER WORKFORCE FOR AMERICA ACT
Ms. FOXX. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 6655) to amend and reauthorize the Workforce Innovation and
Opportunity Act, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6655
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``A Stronger
Workforce for America Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Effective date; transition authority.
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--General Provisions
Sec. 101. Definitions.
Sec. 102. Table of contents amendments.
Subtitle B--System Alignment
Chapter 1--State Provisions
Sec. 111. State workforce development board.
Sec. 112. Unified State plan.
Chapter 2--Local Provisions
Sec. 115. Workforce development areas.
Sec. 116. Local workforce development boards.
Sec. 117. Local plan.
Chapter 3--Performance Accountability
Sec. 119. Performance accountability system.
Subtitle C--Workforce Investment Activities and Providers
Chapter 1--Workforce Investment Activities and Providers
Sec. 121. Establishment of one-stop delivery systems.
Sec. 122. Identification of eligible providers and programs of training
services.
Chapter 2--Youth Workforce Investment Activities
Sec. 131. Reservations; Reallocation.
Sec. 132. Use of funds for youth workforce investment activities.
Chapter 3--Adult and Dislocated Worker Employment and Training
Activities
Sec. 141. State allotments.
Sec. 142. Reservations for State activities; within State allocations;
Reallocation.
Sec. 143. Use of funds for employment and training activities.
Chapter 4--Authorization of Appropriations
Sec. 145. Authorization of appropriations.
Subtitle D--Job Corps
Sec. 151. Purposes.
Sec. 152. Definitions.
Sec. 153. Individuals eligible for the Job Corps.
Sec. 154. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 155. Job Corps Campuses.
Sec. 156. Program activities.
Sec. 157. Support.
Sec. 158. Operations.
Sec. 159. Standards of conduct.
Sec. 160. Community participation.
Sec. 161. Workforce councils.
Sec. 162. Advisory committees.
Sec. 163. Experimental projects and technical assistance.
Sec. 164. Special provisions.
Sec. 165. Management information.
Sec. 166. Job Corps oversight and reporting.
Sec. 167. Authorization of appropriations.
Subtitle E--National Programs
Sec. 171. Native American programs.
Sec. 172. Migrant and seasonal farmworker programs.
Sec. 173. Technical assistance.
Sec. 174. Evaluations and research.
Sec. 175. National dislocated worker grants.
Sec. 176. YouthBuild Program.
Sec. 178. Reentry employment opportunities.
Sec. 179. Strengthening community colleges grant program.
Sec. 180. Authorization of appropriations.
Subtitle F--Administration
Sec. 191. Requirements and restrictions.
Sec. 192. General waivers of statutory or regulatory requirements.
Sec. 193. State innovation demonstration authority.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Authorization of appropriations.
Sec. 204. Special rule.
Sec. 205. Performance accountability system.
Sec. 206. Matching requirement.
Sec. 207. State leadership activities.
Sec. 208. Programs for corrections education and other
institutionalized individuals.
Sec. 209. Grants and contracts for eligible providers.
[[Page H2192]]
Sec. 210. Local application.
Sec. 211. Local administrative cost limits.
Sec. 212. National leadership activities.
Sec. 213. Integrated English literacy and civics education.
TITLE III--AMENDMENTS TO OTHER LAWS
Sec. 301. Amendments to the Wagner-Peyser Act.
Sec. 302. Job training grants.
Sec. 303. Access to National Directory of New Hires.
SEC. 2. EFFECTIVE DATE; TRANSITION AUTHORITY.
(a) Effective Date.--This Act, and the amendments made by
this Act, shall take effect on the first date of the first
program year (as determined under the Workforce Innovation
and Opportunity Act (29 U.S.C. 3101 et seq.)) that begins
after the date of enactment of this Act.
(b) Transition Authority.--
(1) In general.--The Secretary of Labor and the Secretary
of Education shall have the authority to take such steps as
are necessary before the effective date of this Act to
provide for the orderly implementation on such date of the
amendments to the Workforce Innovation and Opportunity Act
(29 U.S.C. 3101 et seq.) made by this Act.
(2) Conforming amendments.--Section 503 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3343) is repealed
(and by striking the item relating to such section in the
table of contents of such Act).
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--General Provisions
SEC. 101. DEFINITIONS.
(a) Foundational Skill Needs.--Section 3(5) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102(5))
is amended to read as follows:
``(5) Foundational skill needs.--The term `foundational
skill needs' means, with respect to an individual who is a
youth or adult, that the individual--
``(A) has English reading, writing, or computing skills at
or below the 8th-grade level on a generally accepted
standardized test; or
``(B) is unable to compute or solve problems, or read,
write, or speak English, or does not possess digital literacy
skills, at a level necessary to function on the job, in the
individual's family, or in society.''.
(b) Employer-Directed Skills Development.--Section 3(14) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3102(14)) is amended to read as follows:
``(14) Employer-directed skills development.--The term
`employer-directed skills development' means a program--
``(A) that is selected or designed to meet the specific
skill demands of an employer (including a group of
employers);
``(B) that is conducted pursuant to the terms and
conditions established under an employer-directed skills
agreement described in section 134(c)(3)(I), including a
commitment by the employer to employ an individual upon
successful completion of the program; and
``(C) for which the employer pays a portion of the cost of
the program, as determined by the local board involved, which
shall not be less than--
``(i) 10 percent of the cost, in the case of an employer
with 50 or fewer employees;
``(ii) 25 percent of the cost, in the case of an employer
with more than 50, but fewer than 100 employees; and
``(iii) 50 percent of the cost, in the case of an employer
with 100 or more employees.''.
(c) Dislocated Worker.--Section 3(15)(E)(ii) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102(15)(E)(ii)) is amended by striking ``who meets the
criteria described in paragraph (16)(B)'' and inserting ``who
meets the criteria described in subparagraph (B) of the
definition of the term `displaced homemaker' in this
section''.
(d) Displaced Homemaker.--Section 3(16) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(16)) is
amended, in the matter preceding subparagraph (A), by
striking ``family members'' and inserting ``a family
member''.
(e) Eligible Youth.--Section 3(18) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(18)) is
amended by striking ``out-of-school'' and inserting
``opportunity''.
(f) English Learner.--Section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102) is further amended--
(1) in paragraph (21)--
(A) in the heading, by striking ``language''; and
(B) by striking ``language''; and
(2) in paragraph (24)(I), by striking ``language''.
(g) Justice-Involved Individual.--Section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102) is
further amended--
(1) in paragraph (24), by amending subparagraph (F) to read
as follows:
``(F) Justice-involved individuals.''; and
(2) in paragraph (38)--
(A) in the heading, by striking ``Offender'' and inserting
``Justice-involved individual''; and
(B) in the matter preceding subparagraph (A), by striking
``offender'' and inserting ``justice-involved individual''.
(h) Opportunity Youth.--Section 3(46) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(46)) is
amended--
(1) in the heading, by striking ``Out-of-school'' and
inserting ``Opportunity''; and
(2) by striking ``out-of-school'' and inserting
``opportunity''.
(i) Pay-for-Performance Contract Strategy.--Section 3(47)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102(47)) is amended to read as follows:
``(47) Pay-for-performance contract strategy.--The term
`pay-for-performance contract strategy' means a specific type
of performance-based acquisition that uses pay-for-
performance contracts in the provision of services described
in paragraph (2) or (3) of section 134(c) or activities
described in section 129(c)(2), and includes--
``(A) contracts, each of which--
``(i) shall specify a fixed amount that will be paid to an
eligible service provider (which may include a local or
national community-based organization or intermediary,
community college, or other provider) based on the
achievement of specified levels of performance on the primary
indicators of performance described in section 116(b)(2)(A)
for target populations as identified by the local board
(including individuals with barriers to employment), within a
defined timetable;
``(ii) may not be required by the Secretary to be informed
by a feasibility study; and
``(iii) may provide for bonus payments to such service
provider to expand capacity to provide effective services and
training;
``(B) a strategy for validating the achievement of the
performance described in subparagraph (A); and
``(C) a description of how the State or local area will
reallocate funds not paid to a provider because the
achievement of the performance described in subparagraph (A)
did not occur, for further activities related to such a
procurement strategy, subject to section 189(g)(4).''.
(j) Rapid Response Activity.--Section 3(51) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102(51))
is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, through a rapid response unit'' after ``designated by a
State'';
(2) in subparagraph (B), by inserting before the semicolon
at the end the following: ``, including individual training
accounts for eligible dislocated workers under section 414(c)
of the American Competitiveness and Workforce Improvement Act
of 1998 (29 U.S.C. 3224a)'';
(3) in subparagraph (D), by striking ``and'' at the end;
(4) by redesignating subparagraph (E) as subparagraph (F);
(5) by inserting after subparagraph (D) the following new
subparagraph:
``(E) assistance in identifying employees eligible for
assistance, including workers who work a majority of their
time off-site or remotely;'';
(6) in subparagraph (F), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(7) by adding at the end the following:
``(G) business engagement or layoff aversion strategies and
other activities designed to prevent or minimize the duration
of unemployment, such as--
``(i) connecting employers to short-term compensation or
other programs designed to prevent layoffs;
``(ii) conducting employee skill assessment and matching
programs to different occupations;
``(iii) establishing incumbent worker training or other
upskilling approaches, including incumbent worker upskilling
accounts described in section 134(d)(4)(E);
``(iv) facilitating business support activities, such as
connecting employers to programs that offer access to credit,
financial support, and business consulting; and
``(v) partnering or contracting with business-focused
organizations to assess risks to companies, and to propose,
implement, and measure the impact of strategies and services
to address such risks.''.
(k) Vocational Rehabilitation Program.--Section 3(64) of
the Workforce Innovation and Opportunity Act (20 U.S.C.
3102(64)) is amended by striking ``under a provision covered
under paragraph (13)(D)'' and inserting ``under a provision
covered under subparagraph (D) of the definition of the term
`core program provision' under this section''.
(l) New Definitions.--Section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102) is further amended--
(1) by adding at the end the following:
``(72) Co-enrollment.--The term `co-enrollment' means
simultaneous enrollment in more than one of the programs or
activities carried out by a one-stop partner in section
121(b)(1)(B).
``(73) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 203.
``(74) Evidence-based.--The term `evidence-based', when
used with respect to an activity, service, strategy, or
intervention, means an activity, service, strategy, or
intervention that--
``(A) demonstrates a statistically significant effect on
improving participant outcomes or other relevant outcomes
based on--
``(i) strong evidence from at least 1 well-designed and
well-implemented experimental study;
``(ii) moderate evidence from at least 1 well-designed and
well-implemented quasi-experimental study; or
``(iii) promising evidence from at least 1 well-designed
and well-implemented correlational study with statistical
controls for selection bias; or
``(B)(i) demonstrates a rationale based on high-quality
research findings or positive
[[Page H2193]]
evaluation that such activity, strategy, or intervention is
likely to improve student outcomes or other relevant
outcomes; and
``(ii) includes ongoing efforts to examine the effects of
such activity, service, strategy, or intervention.
``(75) Labor organization.--The term `labor organization'
has the meaning given the term in section 2(5) of the
National Labor Relations Act (29 U.S.C. 152(5)).
``(76) Work-based learning.--The term `work-based learning'
has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).''; and
(2) by reordering paragraphs (1) through (71), as amended
by this section, and the paragraphs added by paragraph (1) of
this subsection in alphabetical order, and renumbering such
paragraphs as so reordered.
SEC. 102. TABLE OF CONTENTS AMENDMENTS.
The table of contents in section 1(b) of the Workforce
Innovation and Opportunity Act is amended--
(1) by redesignating the item relating to section 172 as
section 174;
(2) by inserting after the item relating to section 171,
the following:
``Sec. 172. Reentry employment opportunities.
``Sec. 173. Strengthening community colleges workforce development
grants program.''; and
(3) by striking the item relating to section 190 and
inserting the following:
``Sec. 190. State innovation demonstration authority.''.
Subtitle B--System Alignment
CHAPTER 1--STATE PROVISIONS
SEC. 111. STATE WORKFORCE DEVELOPMENT BOARD.
Section 101(b)(1)(C)(ii)(IV) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3112(b)(1)(C)(ii)(IV)) is
amended by striking ``out-of-school youth'' and inserting
``opportunity youth''.
SEC. 112. UNIFIED STATE PLAN.
Section 102 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3112) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (C) through (E) as
subparagraphs (D) through (F), respectively;
(ii) by inserting the following after subparagraph (B):
``(C) a description of--
``(i) how the State will use real-time labor market
information to continually assess the economic conditions and
workforce trends described in subparagraphs (A) and (B); and
``(ii) how the State will communicate changes in such
conditions or trends to the workforce system in the State;'';
(iii) in subparagraph (D), as so redesignated, by inserting
``the extent to which such activities are evidence-based,''
after ``of such activities,'';
(iv) in subparagraph (E), as so redesignated, by striking
``and'' at the end;
(v) in subparagraph (F), as so redesignated, by striking
the period at the end and inserting a semicolon; and
(vi) by adding at the end the following:
``(G) a description of any activities the State is
conducting to expand economic opportunity for individuals and
reduce barriers to labor market entry by--
``(i) developing, in cooperation with employers, education
and training providers, and other stakeholders, statewide
skills-based initiatives that promote the use of demonstrated
skills and competencies as an alternative to the exclusive
use of degree attainment as a requirement for employment or
advancement in a career; and
``(ii) evaluating the existing occupational licensing
policies in the State and identifying potential changes to
recommend to the appropriate State entity to--
``(I) remove or streamline licensing requirements, as
appropriate; and
``(II) improve the reciprocity of licensing, including
through participating in interstate licensing compacts; and
``(H) an analysis of the opportunity youth population in
the State, including the estimated number of opportunity
youth and any gaps in services provided to such population by
other existing workforce development activities, as
identified under subparagraph (D).''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``including a
description'' and inserting ``which may include a
description'';
(ii) in subparagraph (C)--
(I) in clause (ii)(I), by inserting ``utilizing a
continuous quality improvement approach,'' after ``year,''
(II) in clause (vi), by inserting ``and'' at the end;
(III) in clause (vii), by striking ``; and'' and inserting
a period; and
(IV) by striking clause (viii);
(iii) in subparagraph (D)(i)(II), by striking ``any''; and
(iv) in subparagraph (E)--
(I) in clause (viii)(II), by inserting ``and'' at the end;
(II) in clause (ix), by striking ``; and'' at the end and
inserting a period; and
(III) by striking clause (x); and
(2) in subsection (c)(3)--
(A) in subparagraph (A), by striking ``shall'' the second
place it appears and inserting ``may''; and
(B) in subparagraph (B)--
(i) by striking ``required''; and
(ii) by inserting ``, except that communicating changes in
economic conditions and workforce trends to the workforce
system in the State as described in subsection (b)(1)(C)
shall not be considered modifications subject to approval
under this paragraph'' before the period at the end.
CHAPTER 2--LOCAL PROVISIONS
SEC. 115. WORKFORCE DEVELOPMENT AREAS.
(a) Regions.--Section 106(a) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3121(a)) is amended by adding
at the end the following:
``(3) Review.--Before the second full program year after
the date of enactment of the A Stronger Workforce for America
Act, in order for a State to receive an allotment under
section 127(b) or 132(b) and as part of the process for
developing the State plan, a State shall--
``(A) review each region in the State identified under this
subsection (as such subsection was in effect on the day
before the date of enactment of the A Stronger Workforce for
America Act); and
``(B) after consultation with the local boards and chief
elected officials in the local areas and consistent with the
considerations described in subsection (b)(1)(B)--
``(i) revise such region and any other region impacted by
such revision; or
``(ii) make a determination to maintain such region with no
revision.''.
(b) Local Areas.--Section 106(b) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3121(b)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and consistent with
paragraphs (2) and (3),''; and
(B) in subparagraph (B), by striking ``(except for those
local areas described in paragraphs (2) and (3))''; and
(2) by striking paragraphs (2) through (7), and inserting
the following:
``(2) Continuation period.--Subject to paragraph (5), in
order to receive an allotment under section 127(b) or 132(b),
the Governor shall maintain the designations of local areas
in the State under this subsection (as in effect on the day
before the date of enactment of the A Stronger Workforce for
America Act) until the end of the third full program year
after the date of enactment of the A Stronger Workforce for
America Act.
``(3) Initial alignment review.--
``(A) In general.--Prior to the third full program year
after the date of enactment of the A Stronger Workforce for
America Act, the Governor shall--
``(i) review the designations of local areas in the State
(as in effect on the day before the date of enactment of the
A Stronger Workforce for America Act); and
``(ii) based on the considerations described in paragraph
(1)(B), issue proposed redesignations of local areas in the
State through the process described in paragraph (1)(A),
which shall--
``(I) include an explanation of the strategic goals and
objectives that the State intends to achieve through such
redesignations; and
``(II) be subject to the approval of the local boards in
the State in accordance with the process described in
subparagraph (C).
``(B) Designation of local areas.--A redesignation of local
areas in a State that is approved by a majority of the local
boards in the State through the process described in
subparagraph (C) shall take effect on the first day of the
4th full program year after the date of enactment of the A
Stronger Workforce for America Act.
``(C) Process to reach majority approval.--To approve a
designation of local areas in the State, the local boards in
the State shall comply with the following:
``(i) Initial vote.--Not later than 60 days after the
Governor issues proposed redesignations under subparagraph
(A), the chairperson of each local board shall review the
proposed redesignations and submit a vote on behalf of such
local board to the Governor either approving or rejecting the
proposed redesignations.
``(ii) Results of initial vote.--If a majority of the local
boards in the State vote under clause (i)--
``(I) to approve such proposed redesignations, such
redesignations shall take effect in accordance with
subparagraph (B); or
``(II) to disapprove such proposed redesignations, the
chairpersons of the local boards in the State shall comply
with the requirements of clause (iii).
``(iii) Alternate redesignations.--In the case of the
disapproval described in clause (ii)(II), not later than 60
days after initial votes were submitted under clause (i), the
chairpersons of the local boards in the State shall--
``(I) select 2 alternate redesignations of local areas--
``(aa) one of which aligns with the regional economic
development areas in the State; and
``(bb) one of which aligns with the regions described in
subparagraph (A) or (B) of subsection (a)(2); and
``(II) conduct a vote to approve, by majority vote, 1 of
the 2 alternate redesignations described in subclause (I).
``(iv) Effective date of alternate designations.--The
alternate redesignations approved pursuant to clause
(iii)(II) shall take effect in accordance with subparagraph
(B).
``(4) Subsequent alignment reviews.--On the date that is
the first day of the 12th full program year after the date of
enactment of the A Stronger Workforce for America Act,
[[Page H2194]]
and every 8 years thereafter, the Governor shall review the
designation of local areas based on the considerations
described in paragraph (1)(B) and conduct a process in
accordance with paragraph (3).
``(5) Interim revisions.--
``(A) Automatic approval of certain redesignation
requests.--
``(i) In general.--At any time, and notwithstanding the
requirements of paragraphs (2), (3), and (4), the Governor,
upon receipt of a request for a redesignation of a local area
described in clause (ii), shall approve such request.
``(ii) Requests.--The following requests shall be approved
pursuant to clause (i) upon request:
``(I) A request from multiple local areas to be
redesignated as a single local area.
``(II) A request from multiple local areas for a revision
to the designations of such local areas, which would not
impact the designations of local areas that have not made
such request.
``(III) A request for designation as a local area from an
area described in section 107(c)(1)(C).
``(B) Other redesignations.--Other than the redesignations
described in subparagraph (A), the Governor may only
redesignate a local area outside of the process described in
paragraphs (3) and (4), if the local area that will be
subject to such redesignation has not--
``(i) performed successfully;
``(ii) sustained fiscal integrity; or
``(iii) in the case of a local area in a planning region,
met the requirements described in subsection (c)(1).
``(C) Effective date.--Any redesignation of a local area
approved by the Governor under subparagraph (A) or (B) shall
take effect on the first date of the first full program year
after such date of approval.
``(6) Appeals.--
``(A) In general.--The local board of a local area that is
subject to a redesignation of such local area under paragraph
(3), (4), or (5) may submit an appeal to maintain its
existing designation to the State board under an appeal
process established in the State plan as specified in section
102(b)(2)(D)(i)(III).
``(B) State board requirements.--The State board shall only
grant an appeal to maintain an existing designation of a
local area described in subparagraph (A) if the local area
can demonstrate that the process for redesignation of such
local area under paragraph (3), (4), or (5), as applicable,
has not been followed.
``(C) Secretarial requirements.--If a request to maintain
an existing designation as a local area is not granted as a
result of such appeal, the Secretary, after receiving a
request for review from such local area and determining that
the local area was not accorded procedural rights under the
appeals process referred to in subparagraph (A), shall--
``(i) review the process for the redesignation of the local
area under paragraph (3), (4), or (5), as applicable; and
``(ii) upon determining that the applicable process has not
been followed, require that the local area's existing
designation be maintained.
``(7) Redesignation incentive.--The State may provide
funding from funds made available under sections 128(a)(1)
and 133(a)(1) to provide payments to incentivize--
``(A) groups of local areas to request to be redesignated
as a single local area under paragraph (5)(A); or
``(B) multiple local boards in a planning region to develop
an agreement to operate as a regional consortium under
subsection (c)(3).''.
(c) Regional Coordination.--Section 106(c) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3121(c)) is
amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (F) through (H) as
subparagraphs (G) through (I), respectively; and
(B) by inserting the following after subparagraph (E):
``(F) the establishment of cost arrangements for services
described in subsections (c) and (d) of section 134,
including the pooling of funds for such services, as
appropriate, for the region;'';
(2) in paragraph (2), by inserting ``, including to assist
with establishing administrative costs arrangements or cost
arrangements for services under subparagraphs (F) and (G) of
such paragraph'' after ``delivery efforts'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2), as so amended, the
following:
``(3) Regional consortiums.--
``(A) In general.--The local boards and chief elected
officials in any planning region described in subparagraph
(B) or (C) of subsection (a)(2) may develop an agreement to
receive funding under section 128(b) and section 133(b) as a
single consortium for the planning region.
``(B) Fiscal agent.--If the local boards and chief elected
officials develop such an agreement--
``(i) one of the chief elected officials in the planning
region shall be responsible for designating the fiscal agent
for the consortium;
``(ii) the local boards shall develop a memorandum of
understanding to jointly administer the activities for the
consortium; and
``(iii) the required activities for local areas under this
Act, (including the required functions of the local boards
described in section 107(d)) shall apply to such a consortium
as a whole and may not be applied separately or differently
to the local areas or local boards within such consortium.''.
(d) Single State Local Areas.--Section 106(d) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3121(d))
is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1), the following:
``(2) New designation.--
``(A) In general.--Consistent with the process described in
subsection (b)(1)(A) and during a review of designations
described in paragraph (3) or (4) of subsection (b), the
Governor may propose to designate a State as a single State
local area for the purposes of this title.
``(B) Process for approval.--If the Governor proposes a
single State local area, the chairpersons of the existing
local boards shall vote to approve or reject such designation
through the process described in subsection (b)(3)(C).
``(C) Designation as a single state local area.--If the
majority of the chairpersons of the local boards in the State
vote to approve such proposed designation, the State shall be
designated as a single State local area and the Governor
shall identify the State as a local area in the State
plan.''.
(e) Definition of ``Performed Successfully''.--Section
106(e)(1) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3121(e)) is amended by striking ``adjusted levels of
performance'' and inserting ``adjusted levels of performance
described in section 116(g)(1)''.
SEC. 116. LOCAL WORKFORCE DEVELOPMENT BOARDS.
(a) Membership.--Section 107(b)(2)(B)(iv) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3122(b)(2)(B)(iv))
is amended by striking ``out-of-school youth'' and inserting
``opportunity youth''.
(b) Functions of Local Board.--Section 107(d) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3122(d))
is amended--
(1) in paragraph (3), by inserting ``, including, to the
extent practicable, local representatives of the core
programs and the programs described in section
121(b)(1)(B),'' after ``system stakeholders'';
(2) in paragraph (4)(D)--
(A) by striking ``proven'' and inserting ``evidence-
based'';
(B) by inserting ``individual'' after ``needs of''; and
(C) by inserting ``from a variety of industries and
occupations'' after ``and employers'';
(3) in paragraph (5), by inserting ``and which, to the
extent practicable, shall be aligned with career and
technical education programs of study (as defined in section
3 of the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2302(3)) offered within the local area''
before the period at the end;
(4) in paragraph (6)--
(A) in the heading, by striking ``Proven'' and inserting
``Evidence-based'';
(B) in subparagraph (A)--
(i) by striking ``proven'' and inserting ``evidence-
based'';
(ii) by inserting ``and covered veterans (as defined in
section 4212(a)(3)(A) of title 38, United States Code)''
after ``employment'';
(iii) by inserting ``, and give priority to covered persons
in accordance with section 4215 of title 38, United States
Code'' after ``delivery system''; and
(C) in subparagraph (B), by striking ``proven'' and
inserting ``evidence-based'';
(5) in paragraph (10)(C)--
(A) by inserting ``, on the State eligible training
provider list,'' after ``identify''; and
(B) by inserting ``that operate in or are accessible to
individuals'' after ``training services''; and
(6) in paragraph (12)(A), by striking ``activities'' and
inserting ``funds allocated to the local area under section
128(b) and section 133(b) for the youth workforce development
activities described in section 129 and local employment and
training activities described in section 134(b), and the
activities''.
SEC. 117. LOCAL PLAN.
Section 108 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3123) is amended--
(1) in subsection (a), by striking ``shall prepare'' and
inserting ``may prepare''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (D), (E), and (F) as
subparagraphs (E), (F), and (H), respectively;
(ii) by inserting the following after subparagraph (C):
``(D) a description of--
``(i) how the local area will use real-time labor market
information to continually assess the economic conditions and
workforce trends described in subparagraphs (A), (B), and
(C); and
``(ii) how changes in such conditions or trends will be
communicated to jobseekers, education and training providers,
and employers in the local area;'';
(iii) in subparagraph (F), as so redesignated, by striking
``and'' at the end; and
(iv) by inserting after subparagraph (F), as so
redesignated, the following:
[[Page H2195]]
``(G) an analysis of the opportunity youth population in
the local area, including the estimated number of such youth
and any gaps in services for such population from other
existing workforce development activities, as identified
under paragraph (9), and a description of how the local board
will address any such gaps in services identified in such
analysis; and'';
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) by striking ``and'' at the end of clause (iii); and
(II) by adding at the end the following:
``(v) carry out any statewide skills-based initiatives
identified in the State plan that promote the use of
demonstrated skills and competencies as an alternative to the
exclusive use of degree attainment as a requirement for
employment or advancement in a career; and''; and
(ii) in subparagraph (B), by striking ``customized
training'' and inserting ``employer-directed skills
development'';
(C) in paragraph (6)(B), by inserting ``, such as the use
of affiliated sites'' after ``means'';
(D) in paragraph (9)--
(i) by striking ``including activities'' and inserting the
following: ``including--
``(A) the availability of community based organizations
that serve youth primarily during nonschool time hours to
carry out activities under section 129; and
``(B) activities''; and
(ii) by inserting ``or evidence-based'' after
``successful''; and
(E) in paragraph (12), by inserting ``including as
described in section 134(c)(2),'' after ``system,''.
CHAPTER 3--PERFORMANCE ACCOUNTABILITY
SEC. 119. PERFORMANCE ACCOUNTABILITY SYSTEM.
(a) State Performance Accountability Measures.--
(1) Primary indicators of performance.--Section
116(b)(2)(A) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3141(b)(2)(A)) is amended--
(A) in clause (i)--
(i) in subclause (II)--
(I) by striking ``fourth'' and inserting ``second''; and
(II) by inserting ``and remain in unsubsidized employment
during the fourth quarter after exit from the program'' after
``the program'';
(ii) in subclause (V)--
(I) by striking ``, during a program year,'';
(II) by striking ``are in'' and inserting ``enter into'';
and
(III) by inserting before the semicolon at the end the
following: ``within 6 months after the quarter in which the
participant enters into the education and training program'';
and
(iii) by amending subclause (VI) to read as follows:
``(VI) of the program participants who received training
services and who exited the program during a program year,
the percentage of such program participants who completed,
prior to such exit, on-the-job training, employer-directed
skills development, incumbent worker training, or an
apprenticeship.'';
(B) in clause (ii)--
(i) in subclause (II)--
(I) by striking ``fourth'' and inserting ``second'';
(II) by inserting ``, and who remain in such activities or
unsubsidized employment during the fourth quarter after exit
from the program'' after ``the program''; and
(III) by striking ``and'' at the end;
(ii) in subclause (III)--
(I) by striking ``(VI)'' and inserting ``(V)''; and
(II) by striking the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(IV) of the program participants who exited a program
during a program year, the percentage of such program
participants who completed, prior to such exit, paid or
unpaid work experiences as described in section
129(c)(2)(C).''; and
(C) by striking clause (iv).
(2) Levels of performance.--Section 116(b)(3)(A) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3141(b)(3)(A)) is amended--
(A) by amending clause (iii) to read as follows:
``(iii) Identification in state plan.--
``(I) Secretaries.--For each State submitting a State plan,
the Secretaries of Labor and Education shall, not later than
December 1 of the year prior to the year in which such State
plan is submitted, for the first 2 program years covered by
the State plan, and not later than December 1 of the year
prior to the third program year covered by the State plan,
for the third and fourth program years covered by the State
plan--
``(aa) propose to the State expected levels of performance
for each of the corresponding primary indicators of
performance for each of the programs described in clause (ii)
for such State, which shall--
``(AA) be consistent with the factors listed in clause (v);
and
``(BB) be proposed in a manner that ensures sufficient time
is provided for the State to evaluate and respond to such
proposals; and
``(bb) publish, on a public website of the Department of
Labor, the statistical model developed under clause (viii)
and the methodology used to develop each such expected level
of performance.
``(II) States.--Each State shall--
``(aa) evaluate each of the expected levels of performance
proposed under subclause (I) with respect to such State;
``(bb) based on such evaluation of each such expected level
of performance--
``(AA) accept the expected level of performance as so
proposed; or
``(BB) provide a counterproposal for such proposed expected
level of performance, including an analysis of how the
counterproposal addresses factors or circumstances unique to
the State that may not have been accounted for in the
expected level of performance; and
``(cc) include in the State plan, with respect to each of
the corresponding primary indicators of performance for each
of the programs described in clause (ii) for such State--
``(AA) the expected level of performance proposed under
subclause (I);
``(BB) the counterproposal for such proposed level, if any;
and
``(CC) the expected level of performance that is agreed to
under clause (iv).''; and
(B) in clause (v)(II)--
(i) in the matter preceding item (aa), by striking ``based
on'' and inserting ``based on each of the following
considerations that are found to be predictive of performance
on an indicator for a program''; and
(ii) in item (bb), by striking ``ex-offender status'' and
inserting ``justice-involved individual status, foster care
status, school status, education level, highest grade level
completed, low-income status''.
(b) Performance Reports.--Section 116(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3141(d)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Template for performance reports.--Not later than 12
months after the date of enactment of the A Stronger
Workforce for America Act, the Secretary of Labor, in
conjunction with the Secretary of Education, shall develop,
or review and modify, as appropriate, to comply with the
requirements of this subsection, the template for performance
reports that shall be used by States (including by States on
behalf of eligible providers of training services under
section 122) and local boards to produce a report on outcomes
achieved by the core programs. In developing, or reviewing
and modifying, such templates, the Secretary of Labor, in
conjunction with the Secretary of Education, shall take into
account the need to maximize the value of the templates for
workers, jobseekers, employers, local elected officials,
State officials, Federal policymakers, and other key
stakeholders.
``(B) Standardized reporting.--In developing, or reviewing
and modifying, the template under subparagraph (A), the
Secretary of Labor, in conjunction with the Secretary of
Education, shall ensure that performance reports produced by
States and local areas for core programs and eligible
training providers collect and report, in a comparable and
uniform format, common data elements, which use terms that
are assigned identical meanings across all such reports.
``(C) Additional reporting.--The Secretary of Labor, in
conjunction with the Secretary of Education--
``(i) in addition to the common data elements described
under subparagraph (B), may require a core program to provide
additional information as necessary for effective reporting;
and
``(ii) shall periodically review any requirement for
additional information to ensure the requirement is necessary
and does not impose an undue reporting burden.''.
(2) in paragraph (2)--
(A) by redesignating subparagraphs (J) through (L) as
subparagraphs (K) through (M), respectively and inserting
after subparagraph (I) the following:
``(J) the median earnings gain of participants who received
training services, calculated as the difference between--
``(i) median participant earnings in unsubsidized
employment during the second quarter after program exit; and
``(ii) median participant earnings in the second quarter
prior to entering the program;''.
(B) in subparagraph (L), as so redesignated, by striking
clause (ii); and
(C) by striking ``strategies for programs'' and all that
follows through ``the performance'', and inserting
``strategies for programs, the performance'';
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) by redesignating subparagraph (C) as subparagraph (E);
and
(C) by inserting after subparagraph (B) the following:
``(C) the percentage of a local area's allocation under
section 133(b) that the local area spent on services paid for
through an individual training account described in section
134(c)(3)(F)(iii) or a training contract described in section
134(c)(3)(G)(ii);
``(D) the percentage of a local area's allocation under
section 133(b) that the local area spent on supportive
services; and'';
(4) by amending paragraph (4) to read as follows:
``(4) Contents of eligible training providers performance
report.--
``(A) In general.--The State shall use the information
submitted by the eligible providers of training services
under section 122 and administrative records, including
quarterly wage records, of the participants of the programs
offered by the providers to produce
[[Page H2196]]
a performance report on the eligible providers of training
services in the State, which shall include, subject to
paragraph (6)(C)--
``(i) with respect to each program of study (or the
equivalent) of such a provider--
``(I) information specifying the levels of performance
achieved with respect to the primary indicators of
performance described in subclauses (I) through (IV) of
subsection (b)(2)(A)(i) with respect to all individuals
engaging in the program of study (or the equivalent); and
``(II) the total number of individuals exiting from the
program of study (or the equivalent); and
``(ii) with respect to all such providers--
``(I) the total number of participants who received
training services through each adult and dislocated worker
program authorized under chapter 3 of subtitle B,
disaggregated by the type of entity that provided the
training, during the most recent program year and the 3
preceding program years;
``(II) the total number of participants who exited from
training services, disaggregated by the type of entity that
provided the training, during the most recent program year
and the 3 preceding program years;
``(III) the average cost per participant for the
participants who received training services, disaggregated by
the type of entity that provided the training, during the
most recent program year and the 3 preceding program years;
and
``(IV) the number of individuals with barriers to
employment served by each adult and dislocated worker program
authorized under chapter 3 of subtitle B, disaggregated by
each subpopulation of such individuals, and by race,
ethnicity, sex, and age.
``(iii) with respect to each recognized postsecondary
credential on the list of credentials awarded by eligible
providers in the State described in section 122(d)(2)--
``(I) information specifying the levels of performance
achieved with respect to the primary indicators of
performance described in subclauses (I) through (IV) of
subsection (b)(2)(A)(i) for all participants in the State
receiving such credential; and
``(II) information specifying the levels of performance
achieved with respect to the primary indicators of
performance described in subclauses (I) through (IV) of
subsection (b)(2)(A)(i) for participants in the State
receiving such credential with respect to individuals with
barriers to employment, disaggregated by each subpopulation
of such individuals, and by race, ethnicity, sex, and age.'';
and
(5) in paragraph (6)--
(A) by amending subparagraph (A) to read as follows:
``(A) State performance reports.--The Secretary of Labor
and the Secretary of Education shall annually make available
the performance reports for States containing the information
described in paragraph (2), which shall include making such
reports available--
``(i) digitally using transparent, linked, open, and
interoperable data formats that are human readable and
machine actionable such that the data from these reports--
``(I) are easily understandable; and
``(II) can be easily included in web-based tools and
services supporting search, discovery, comparison, analysis,
navigation, and guidance; and
``(ii) in a printable format.''; and
(B) in subparagraph (B)--
(i) by striking ``(including by electronic means), in an
easily understandable format,''; and
(ii) by adding at the end the following: ``The Secretary of
Labor and the Secretary of Education shall include, on the
website where the State performance reports required under
subparagraph (A) are made available, a link to local area
performance reports and the eligible training provider report
for each State. Such reports shall be made available in each
of the formats described in subparagraph (A).''.
(c) Evaluation of State Programs.--Section 116(e) of the
Workforce Innovation and Opportunity Act(29 U.S.C. 3141(e))
is amended--
(1) in paragraph (1)--
(A) by striking ``shall conduct ongoing'' and inserting
``shall use data to conduct analyses and ongoing''; and
(B) by striking ``conduct the'' and inserting ``conduct
such analyses and''; and
(2) in paragraph (2), by adding ``A State may use other
forms of analysis, such as machine learning or other advanced
analytics, to improve program operations and outcomes and to
identify areas for further evaluation.'' at the end.
(d) Sanctions for State Failure To Meet State Performance
Accountability Measures.--Section 116(f) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3141(f)) is amended
to read as follows:
``(f) Sanctions for State Failure To Meet State Performance
Accountability Measures.--
``(1) Targeted support and assistance.--
``(A) In general.--If a State fails to meet 80 percent of
the State adjusted level of performance for an indicator
described in subsection (b)(2)(A) for a program for any
program year, the Secretary of Labor and the Secretary of
Education shall provide technical assistance.
``(B) Sanctions.--
``(i) In general.--If the State fails in the manner
described in subclause (I) or (II) of clause (ii) with
respect to a program year, the percentage of each amount that
would (in the absence of this subparagraph) be reserved by
the Governor under section 128(a)(1) for the immediately
succeeding program year shall be reduced by 5 percentage
points until such date as the Secretary of Labor or the
Secretary of Education, as appropriate, determines that the
State meets the State adjusted level of performance, in the
case of a failure described in clause (ii)(I), or has
submitted the reports for the appropriate program years, in
the case of a failure described in clause (ii)(II).
``(ii) Failures.--A State shall be subject to clause (i)--
``(I) if (except in the case of exceptional circumstances
as determined by the Secretary of Labor or the Secretary of
Education, as appropriate), such State fails to submit a
report under subsection (d) for any program year; or
``(II) for a failure under subparagraph (A) that continues
for a second consecutive year.
``(2) Comprehensive support and assistance.--
``(A) In general.--If a State fails to meet an average of
90 percent of the State adjusted levels of performance for a
program across all performance indicators for any program
year, or if a State fails to meet an average of 90 percent of
the State adjusted levels of performance for a single
performance indicator across all programs for any program
year, the Secretary of Labor and the Secretary of Education
shall provide technical assistance, as described and
authorized under section 168(b), including assistance in the
development of a comprehensive performance improvement plan.
``(B) Second consecutive year failure.--If such failure
under subparagraph (A) continues for a second consecutive
year, the percentage of each amount that would (in the
absence of this subsection) be reserved by the Governor under
section 128(a)(1) for the immediately succeeding program year
shall be reduced by 10 percentage points until such date as
the Secretary of Labor or the Secretary of Education, as
appropriate, determines that the State meets such State
adjusted levels of performance.
``(3) Limitation.--The total reduction under this
subsection to the percentage of each amount that would (in
the absence of this subsection) be reserved by the Governor
under section 128(a)(1) may not exceed 10 percentage points
for a program year.
``(4) Reallotment of reductions.--
``(A) In general.--The amounts available for reallotment
for a program year shall be reallotted to the States that
were not subject to a reduction of funds under paragraph
(1)(B) or paragraph (2)(B) of this subsection for such
program year (in this paragraph referred to individually as
an `eligible State').
``(B) Amounts available for reallotment.--In this
paragraph, the amounts available for reallotment for a
program year means the amounts available under section
127(b)(1)(C) and paragraph (1)(B) or (2)(B), respectively, of
section 132(b) for such program year which would (in the
absence of paragraph (1)(B) or paragraph (2)(B) of this
subsection) have otherwise been reserved under section
128(a)(1) by a Governor of a State for such program year.
``(C) Reallotment amounts.--In making reallotments under
subparagraph (A) for a program year to eligible States, the
Secretary shall allot to each eligible State--
``(i) in the case of amounts available under section
127(b)(1)(C), an amount based on the relative amount of the
allotment made (before the allotments under this clause are
made) to such eligible State under section 127(b)(1)(C) for
such program year, compared to the total allotments made
(before the allotments under this clause are made) to all
eligible States under section 127(b)(1)(C) for such program
year; and
``(ii) in the case of amounts available under paragraph
(1)(B) or (2)(B), respectively, of section 132(b), an amount
based on the relative amount of the allotment made (before
the allotments under this clause are made) to such eligible
State under paragraph (1)(B) or (2)(B), respectively, of
section 132(b) for such program year, compared to the total
allotments made (before the allotments under this clause are
made) to all eligible States under paragraph (1)(B) or
(2)(B), respectively, of section 132(b) for such program
year.''.
(e) Sanctions for Local Area Failure To Meet Local
Performance Accountability Measures.--Section 116(g) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3141(g))
is amended--
(1) in paragraph (1)--
(A) by inserting ``80 percent of the'' before ``local
performance''; and
(B) by striking ``accountability measures'' and inserting
``accountability levels of performance on an indicator of
performance, an average of 90 percent of the local levels of
performance across indicators for a single program, or an
average of 90 percent for a single performance indicator
across all programs''; and
(2) in paragraph (2)--
(A) by amending subparagraph (A) to read as follows:
``(A) In general.--If such failure continues, the Governor
shall take corrective actions, which shall include--
``(i) in the case of a failure, for a second consecutive
year, on any individual indicator, across indicators for a
single program, or on a single indicator across programs, a
5-percent reduction in the amount that would have otherwise
been allocated (in the absence of this clause) to the local
area for the immediately succeeding program year under
[[Page H2197]]
chapter 2 or 3 of subtitle B for the program subject to the
performance failure;
``(ii) in the case of a failure, as described in paragraph
(1), for a third consecutive year, the development of a
reorganization plan through which the Governor shall--
``(I) require the appointment and certification of a new
local board, consistent with the criteria established under
section 107(b);
``(II) prohibit the use of one-stop partners identified as
achieving a poor level of performance; and
``(III) revise or redesignate a local area, which may
include merging a local area with another local area if the
Governor determines that the likely cause of such continued
performance failure of a local area is due to such local
area's designation being granted without the appropriate
consideration of parameters described under section
106(b)(1)(B); or
``(iii) other significant actions determined appropriate by
the Governor.'';
(B) in subparagraph (B)(i), by inserting ``(ii)'' after
``subparagraph (A)''; and
(C) by adding at the end the following:
``(D) Reallocation of reductions.--
``(i) In general.--With respect to any amounts available
under section 128(b), paragraph (2)(A) or (3) of section
133(b), and section 133(b)(2)(B) to a Governor for a program
year which would (in the absence of subparagraph (A)(i)) have
otherwise been allocated by such Governor to a local area for
such program year--
``(I) not more than 10 percent of the amounts available
under each such section may be reserved by the Governor to
provide technical assistance to local areas within the State
that were subject to a reduction of allocation amounts
pursuant to subparagraph (A)(i) for such program year; and
``(II) the amounts remaining after the reservations under
subclause (I) shall be reallocated by the Governor to the
local areas within the State that were not subject to a
reduction of allocation amounts pursuant to subparagraph
(A)(i) for such program year (in this subparagraph referred
to individually as an `eligible local area').
``(ii) Reallocation amounts.--In making reallocations under
clause (i)(II) for a program year to eligible local areas
within a State, the Governor of the State shall allocate to
each such eligible local area--
``(I) in the case of amounts remaining under section
128(b), an amount based on the relative amount of the
allocation made (before the allocations under this subclause
are made) to such eligible local area under section 128(b)
for such program year, compared to the total allocations made
(before the allocations under this subclause are made) to all
eligible local areas within the State under section 128(b)
for such program year;
``(II) in the case of amounts remaining under paragraph
(2)(A) or (3) of section 133(b), an amount based on the
relative amount of the allocation made (before the
allocations under this subclause are made) to such eligible
local area under paragraph (2)(A) or (3) of section 133(b),
as appropriate, for such program year, compared to the total
allocations made (before the allocations under this subclause
are made) under paragraph (2)(A) or (3) of section 133(b), as
appropriate, to all eligible local areas within the State for
such program year; and
``(III) in the case of amounts remaining under section
133(b)(2)(B), an amount based on the relative amount of the
allocation made (before the allocations under this subclause
are made) to such eligible local area under section
133(b)(2)(B) for such program year, compared to the total
allocations made (before the allocations under this subclause
are made) under section 133(b)(2)(B) to all eligible local
areas within the State for such program year.''.
(f) Establishing Pay-for-Performance Contract Strategy
Incentives.--Section 116(h) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(h)) is amended by striking
``non-Federal funds'' and inserting ``the funds reserved
under section 128(a)(1)''.
(g) Fiscal and Management Accountability Information
Systems.--Section 116(i) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(i)) is amended--
(1) in the first sentence of paragraph (2), by inserting
``, and may use information provided from the National
Directory of New Hires in accordance with section 453(j)(8)
of the Social Security Act (42 U.S.C. 653(j)(8))'' after
``State law'';
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
``(3) Designated entity.--The Governor shall designate a
State agency (or appropriate State entity) to assist in
carrying out the performance reporting requirements for core
programs and eligible training providers. The designated
State agency (or appropriate State entity) shall be
responsible for--
``(A) facilitating data matches using quarterly wage record
information, including wage record information made available
by other States, to measure employment and earnings outcomes;
``(B) data validation and reliability, as described in
subsection (d)(5); and
``(C) protection against disaggregation that would violate
applicable privacy standards, as described in subsection
(d)(6)(C).''.
Subtitle C--Workforce Investment Activities and Providers
CHAPTER 1--WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS
SEC. 121. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS.
(a) One-Stop Partners.--Section 121(b) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3151(b)) is
amended--
(1) in paragraph (1)(B)--
(A) in clause (xi), by inserting ``and'' at the end; and
(B) by striking clause (xii);
(2) in paragraph (2)(A), by striking ``With'' and inserting
``At the direction of the Governor or with''; and
(3) in paragraph (2)(B)--
(A) in clause (vi), by striking ``and'' at the end;
(B) by redesignating clause (vii) as clause (viii); and
(C) by inserting after clause (vi) the following:
``(vii) workforce and economic development programs carried
out by the Economic Development Administration; and''.
(b) One-Stop Operators.--Section 121(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3151(d)) is
amended--
(1) in paragraph (2)(B)--
(A) in clause (i), by inserting after ``education'' the
following: ``or an area career and technical education
school'';
(B) in clause (v), by striking ``and'';
(C) by redesignating clause (vi) as clause (viii);
(D) by inserting after clause (v) the following:
``(vi) a public library;
``(vii) a local board that meets the requirements of
paragraph (4); and'';
(E) in clause (viii), as so redesignated, by inserting
after ``labor organization'' the following: ``joint labor-
management organization''; and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (6), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Responsibilities.--
``(A) In general.--In operating a one-stop system referred
to in subsection (e), a one-stop operator--
``(i) shall--
``(I) manage the physical and virtual infrastructure and
operations of the one-stop system in the local area; and
``(II) facilitate coordination among the partners in such
one-stop system; and
``(ii) may, subject to the requirements under subparagraph
(B), directly provide services to job seekers and employers.
``(B) Internal controls.--In a case in which a one-stop
operator seeks to operate as a service provider pursuant to
subparagraph (A)(ii), the local board shall establish
internal controls (which shall include written policies and
procedures)--
``(i) with respect to the competition in which the one-stop
operator will compete to be selected as such service
provider, and the subsequent oversight, monitoring, and
evaluation of the performance of such one-stop operator as
such service provider; and
``(ii) which--
``(I) require compliance with--
``(aa) relevant Office of Management and Budget circulars
relating to conflicts of interest; and
``(bb) any applicable State conflict of interest policy;
and
``(II) prohibit a one-stop operator from developing,
managing, or conducting the competition in which the operator
intends to compete to be selected as a service provider.
``(4) Local boards as one-stop operators.--Subject to
approval from the chief elected official and Governor and in
accordance with any other eligibility criteria established by
the State, a local board may serve as a one-stop operator, if
the local board--
``(A) enters into a written agreement with the chief
elected official that clarifies how the local board will
carry out the functions and responsibilities as a one-stop
operator in a manner that complies with the appropriate
internal controls to prevent any conflicts of interest, which
shall include how the local board, while serving as a one-
stop operator, will--
``(i) comply with the relevant Office of Management and
Budget circulars relating to conflicts of interest; and
``(ii) any applicable State conflict of interest policy;
and
``(B) complies with the other applicable requirements of
this subsection.''.
(c) One-Stop Delivery.--Section 121(e)(2) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3151(e)(2)) is
amended--
(1) in subparagraph (A), to read as follows:
``(A) shall make each of the programs, services, and
activities described in paragraph (1) available--
``(i) to individuals through electronic means, in a single,
virtually accessible location, and in a manner that improves
efficiency, coordination, and quality, as determined by the
State, in the delivery of such programs, services, and
activities; or
``(ii) at not less than 1 physical center in each local
area of the State; and'';
(2) in subparagraph (B)(i), by inserting after ``affiliated
sites'' the following: ``(such as any of the entities
described in subsection (d)(2)(B))'';
(3) in subparagraph (C), by inserting after ``centers'' the
following: ``(which may be virtual or physical centers)'';
(4) in subparagraph (D)--
(A) by striking ``as applicable and practicable, shall''
and inserting ``in the case of a one-stop delivery system
that is making each of the programs, services, and activities
[[Page H2198]]
described in paragraph (1) accessible at not less than 1
physical center, as described in subparagraph (A)(ii), the
one-stop delivery system shall, as applicable and
practicable,''; and
(B) by striking the period at the end and inserting ``;
and''; and
(5) by inserting after subparagraph (D) the following:
``(E) in the case of a one-stop delivery system that is
making each of the programs, services, and activities
accessible through electronic means, as described in
subparagraph (A)(i), the one-stop delivery system shall have
not less than two affiliated sites with a physical location
where individuals can access, virtually, each of the
programs, services, and activities described in paragraph (1)
that are virtually accessible.''.
(d) Certification and Improvement Criteria.--Section
121(g)(2)(A) of the Workforce Innovation and Opportunity Act
is amended by striking ``under subsections (h)(1)'' and
inserting ``under subsections (h)(1)(C)''.
(e) Funding of One-Stop Infrastructure.--Section 121(h) of
the Workforce Innovation and Opportunity Act is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively;
(3) in paragraph (1), as so redesignated--
(A) by amending subparagraph (B) to read as follows:
``(B) Partner contributions.--Subject to subparagraph (D),
the covered portions of funding for a fiscal year shall be
provided to the Governor from the programs described in
subsection (b)(1) to pay the costs of infrastructure of one-
stop centers in local areas of the State.''; and
(B) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``for funding pursuant to clause (i)(II) or
(ii) of paragraph (1)(A) by each partner,''; and
(II) by striking the third sentence; and
(ii) in clause (ii), by striking ``under a provision
covered by section 3(13)(D)'' and inserting ``under a
provision covered by subparagraph (D) of the definition of
the term `core program provision' in section 3'';
(C) in subparagraph (D)--
(i) in clause (ii), by striking ``For local areas in a
State that are not covered by paragraph (1)(A)(i)(I), the''
and inserting ``The'';
(ii) in clause (ii)--
(I) in subclause (I)--
(aa) by striking ``WIA'' in the header and inserting
``WIOA''; and
(bb) by striking ``3 percent'' and inserting ``5 percent'';
and
(II) by striking subclause (III); and
(iii) in clause (iii), by striking ``For local areas in a
State that are not covered by paragraph (1)(A)(i)(I), an''
and inserting ``An'';
(4) in paragraph (2), as so redesignated--
(A) in subparagraph (A), by striking ``purposes of
assisting in'' and inserting ``purpose of''; and
(B) in subparagraph (B)--
(i) in the first sentence, by striking ``not funding costs
of infrastructure under the option described in paragraph
(1)(A)(i)(I)''; and
(ii) in the second sentence, by inserting after ``local
area,'' the following: ``the intensity of services provided
by such centers,'';
(5) by inserting after paragraph (2), as so redesignated,
the following:
``(3) Supplemental infrastructure funding.--For any fiscal
year in which the allocation received by a local area under
paragraph (2) is insufficient to cover the total costs of
infrastructure of one-stop centers in such local area, the
local board, the chief elected official, and the one-stop
partners that have entered into the local memorandum of
understanding with the local board under subsection (c) may
agree to fund any such remaining costs using a method
described in such memorandum.''; and
(6) in paragraph (4), by inserting after ``operation of the
one-stop center'' the following: ``(whether for in-person or
virtual service delivery)''.
SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS AND PROGRAMS
OF TRAINING SERVICES.
(a) Eligibility.--Section 122(a) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3152(a)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--Except as provided in subsection (i),
the Governor, after consultation with the State board and
considering the State's adjusted levels of performance
described in section 116(b)(3)(A)(iv), shall establish--
``(A) procedures regarding the eligibility of providers of
training services to receive funds provided under section
133(b) for the provision of training services by programs
with standard eligibility or conditional eligibility under
this section (in this section referred to as `eligible
programs') in local areas in the State; and
``(B) the minimum levels of performance on the criteria for
a program to receive such standard or conditional
eligibility.'';
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting before the semicolon
at the end the following: ``(other than an institution of
higher education described in subparagraph (C))'';
(B) in subparagraph (B), by striking ``or'' at the end;
(C) by redesignating subparagraph (C) as subparagraph (D);
(D) by inserting after subparagraph (B) the following:
``(C) an institution of higher education that offers a
program that--
``(i) is of at least 150 clock hours of instruction, but
less than 600 clock hours of instruction, or an equivalent
number of credit hours;
``(ii) is offered during a minimum of 8 weeks, but less
than 15 weeks; and
``(iii) is an eligible program for purposes of the Federal
Pell Grant program; or''; and
(E) in subparagraph (D), as so redesignated--
(i) by inserting ``(including providers of such a program
that is conducted (in whole or in part) online)'' before ``,
which may''; and
(ii) by inserting ``providers of entrepreneurial skills
development programs, industry or sector partnerships, groups
of employers, trade or professional associations,'' after
``organizations,''; and
(3) in paragraph (3)--
(A) in the first sentence, by striking ``(C)'' and
inserting ``(D)'';
(B) in the second sentence, by striking ``paragraph
(2)(B)'' the first place it appears and inserting
``subparagraph (B) or (C) of paragraph (2)''; and
(C) by inserting before the period at the end the
following: ``or remains eligible for the Federal Pell Grant
program as described in paragraph (2)(C)''.
(b) Criteria and Information Requirements.--Section 122(b)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3152(b)) is amended to read as follows:
``(b) Criteria and Information Requirements.--
``(1) General requirements.--
``(A) General criteria for programs.--Each provider shall
demonstrate that the program for which the provider is
seeking eligibility under this section--
``(i) prepares participants to meet the hiring requirements
of potential employers in the State or a local area within
the State for employment that--
``(I) is high skill and high wage; or
``(II) is in in-demand industry sectors or occupations;
``(ii) leads to a recognized postsecondary credential;
``(iii) has been offered by the provider for not less than
1 year; and
``(iv)(I) meets the performance requirements for standard
eligibility described in paragraph (2); or
``(II) has received conditional eligibility described in
paragraph (3).
``(B) Provider eligibility election.--Any provider may
elect to seek standard eligibility under paragraph (2) or
conditional eligibility under paragraph (3).
``(2) Performance criteria for standard eligibility.--
``(A) In general.--The Governor shall--
``(i) establish and publicize minimum levels of performance
for each of the criteria listed in subparagraph (B) that a
program offered by a provider of training services shall
achieve to receive and maintain standard eligibility under
this section; and
``(ii) verify the performance achieved by such a program
with respect to each such criteria to determine whether the
program meets the corresponding minimum level of performance
established under clause (i)--
``(I) in the case of the criteria described in (ii) through
(iv) of subparagraph (B), using State administrative data
(such as quarterly wage records); and
``(II) in the case of the criteria described in
subparagraph (B)(i), using any applicable method for such
verification; and
``(iii) in verifying the performance achievement of a
program, verify that such program included a sufficient
number of program participants to protect participant
personally identifiable information, and to be a reliable
indicator of performance achievement.
``(B) Performance criteria.--The performance criteria to
receive and maintain standard eligibility for a program under
this section are as follows:
``(i) The credential attainment rate of program
participants calculated as the percentage of program
participants who obtain the recognized postsecondary
credential for which the program prepares participants to
earn within 6 months of exit from the program.
``(ii) The job placement rate of program participants
calculated as the percentage of program participants in
unsubsidized employment during the second quarter after exit
from the program.
``(iii) The median earnings of program participants who are
in unsubsidized employment during the second quarter after
exit from the program.
``(iv) The ratio of median earnings increase to the total
cost of program, calculated as follows:
``(I) The median value of the difference between--
``(aa) participant wages from unsubsidized employment
during the second quarter after program exit; and
``(bb) participant wages during the quarter prior to
entering the program, to
``(II) The total cost of the program (as described in
paragraph (5)(B)(iii)).
``(C) Local criteria.--With respect to any program
receiving standard eligibility under this section from a
Governor, a local board in the State may require higher
levels of performance than the minimum performance levels
established by the Governor under this paragraph, but may
not--
[[Page H2199]]
``(i) require any information or application from the
provider that is not required for such standard eligibility;
or
``(ii) establish a performance requirement with respect to
any criteria not listed in subparagraph (B).
``(3) Conditional eligibility.--
``(A) Requirements.--
``(i) In general.--The Governor shall establish procedures
and criteria for conditional eligibility for a program of a
provider of training services that does not meet the
requirements under subparagraph (2).
``(ii) Procedures and criteria.--In establishing the
procedures and criteria under this subparagraph for
conditional eligibility under this paragraph, the Governor--
``(I) shall establish the maximum period, not to exceed a
4-year period, that a program may receive and maintain such
conditional eligibility;
``(II) with respect to a program that has received
conditional eligibility for the maximum period established
under subclause (I) and that is seeking approval for an
additional period of conditional eligibility, may not
consider such program for such conditional eligibility during
the 3-year period that begins on the day after the end of
most recent period for which the program received conditional
eligibility; and
``(III) may establish other requirements related to program
performance, including setting separate minimum levels of
performance on the criteria described in paragraph (2) for a
program to maintain such conditional eligibility.
``(B) Payments.--Payments under this Act for the provision
of training services by a program with conditional
eligibility shall be made to the provider of such program, on
the basis of the achievement of successful outcomes by a
participant of such training services, in accordance with the
following:
``(i) Upon participant enrollment, the provider shall
receive not less than 25 percent of the total funds to be
provided under section 133(b) for the provision of training
services by such program to such participant.
``(ii) Upon participant completion and credential
attainment, the provider shall receive not less than 25
percent of such total funds.
``(iii) Upon verification of the participant's employment
during the second quarter after program completion, the
provider shall receive not less than 25 percent of such total
funds.
``(iv) The remainder of such total funds may be awarded at
any of the intervals described in clauses (i) through (iii)
as determined by the Governor in accordance with the
procedures established under subparagraph (A).
``(C) Limitation on billing participants.--With respect to
a program participant for whom a provider expects to be paid
pursuant to subparagraph (B), the provider may not--
``(i) charge such participant tuition and refund such
charges after receiving such payments; or
``(ii) if such program participant does not achieve the
outcomes necessary for the provider to receive the provider's
full payment pursuant to subparagraph (B) for such
participant, bill a participant for any of the amounts
described in subparagraph (B).
``(4) Employer-sponsored or industry or sectoral
partnership designation.--
``(A) In general.--The Governor shall establish procedures
and criteria for providers to apply for an employer-sponsored
designation for a program that has received standard or
conditional eligibility under this paragraph, which shall
include a commitment from an employer or an industry or
sectoral partnership to--
``(i) pay to the provider, on behalf of each participant
enrolled in such program under this Act, not less than 25
percent of the cost of the program (as described in paragraph
(5)(B)(iii)), which shall be provided in lieu of 25 percent
of the amount that the provider would have otherwise received
under section 133(b) for the provision of training services
by such program to such participant; and
``(ii) guarantee an interview and consideration for a job
with the employer, or in the case of an industry or sectoral
partnership, an employer within such partnership, for each
such participant that successfully completes the program.
``(B) Restriction on financial arrangement.--A provider
receiving an employer-sponsored designation under this
paragraph may not--
``(i) have an ownership stake in the employer or industry
or sectoral partnership making a commitment described in
subparagraph (A); or
``(ii) enter into an arrangement to reimburse an employer
or partnership for the costs of a participant paid by such
employer or partnership.
``(5) Information requirements.--An eligible provider shall
submit appropriate, accurate, and timely information to the
Governor, to enable the Governor to carry out subsection (d),
with respect to all participants of each eligible program
(including participants for whom the provider receives
payments under this title) offered by the provider, which
shall--
``(A) be made available by the State in a common, linked,
open, and interoperable data format;
``(B) include information on--
``(i) the performance of the program with respect to the
performance accountability measures described in section 116
for such participants;
``(ii) the recognized postsecondary credentials received by
such participants, including, in relation to each such
credential, the issuing entity, any third-party endorsements,
the occupations for which the credential prepares
individuals, the competencies achieved, the level of mastery
of such competencies (including how mastery is assessed), and
any transfer value or stackability;
``(iii) the total cost of the program, including the costs
of the published tuition and fees, supplies, books, and any
other costs required by the provider for participants in the
program;
``(iv) the percentage of such participants that complete
the program within the expected time to completion; and
``(v) in the case of a provider offering programs seeking
or maintaining standard eligibility, the criteria described
in paragraph (2) and not otherwise included in clause (i) of
this subparagraph; and
``(C) with respect to employment and earnings measures
described in subclauses (I) through (III) of section
116(b)(2)(A)(i) for such participants--
``(i) the necessary information for the State to develop
program performance data using State administrative data
(such as wage records); and
``(ii) the necessary information to determine the
percentage of such participants who entered unsubsidized
employment in an occupation related to the program, to the
extent practicable.''.
(c) Procedures.--Section 122(c) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3152(c)) is amended--
(1) in the first sentence of paragraph (1), by inserting
``, which shall be implemented in a manner that minimizes the
financial and administrative burden on the provider and shall
not require the submission of information in excess of the
information required to determine a program's eligibility
under subsection (b)'' after ``provision of training
services'';
(2) by redesignating paragraph (2) as paragraph (3), and
inserting the following after paragraph (1):
``(2) Approval.--A Governor shall make an eligibility
determination with respect to a provider of training services
and the program for which the provider is seeking eligibility
under this section not later than 30 days after receipt of an
application submitted by such provider consistent with the
procedures in paragraph (1).'';
(3) in paragraph (3), as so redesignated--
(A) by striking ``biennial'' and inserting ``annual''; and
(B) by inserting before the period at the end the
following: ``that continue to meet the requirements under
subsection (b)''; and
(C) by adding at the end the following: ``Any program with
standard or conditional eligibility that, upon such review,
does not meet the eligibility criteria established under
subsection (b) for standard or conditional eligibility,
respectively, shall, except as otherwise provided in
subsection (g)(1)(E), no longer be an eligible program and
shall be removed from the list described in subsection
(d).''; and
(4) by inserting at the end the following:
``(4) Multistate providers.--The procedures established
under subsection (a) shall specify the process for any
provider of training services offering a program in multiple
States to establish eligibility in such States, which shall,
to the extent practicable, minimize financial and
administrative burdens on any such provider by authorizing
the provider to submit the same application materials and
information to the Governor of each State in which such
program will be providing services, as long as the program
meets the applicable State requirements established under
subsection (b) for each such State.
``(5) Online providers.--If a participant chooses a
provider that delivers training services exclusively online
and is not located in the State of the local area that
approved such training services for the participant in
accordance with section 133(c)(3)(A)(i), such provider shall
be ineligible to receive payment for such participant from
funds allocated to such State unless such provider is on the
list of eligible providers of training services described in
subsection (d) for such State.''.
(d) List and Information To Assist Participants in Choosing
Providers.--Section 122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d)) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (6), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Credential navigation feature.--In order to enhance
the ability of participants and employers to understand and
compare the value of the recognized postsecondary credentials
awarded by eligible programs offered by providers of training
services in a State, the Governor shall establish (or develop
in partnership with other States), a credential navigation
feature that allows participants and the public to search a
list of such recognized postsecondary credentials, and the
providers and programs awarding such a credential, which
shall include, with respect to each such credential
(aggregated for all participants in the State that have
received such credential)--
``(A) the information required under subsection
(b)(5)(B)(ii); and
[[Page H2200]]
``(B) the employment and earnings outcomes described in
subclause (I) through (III) of section 116(b)(2)(i).'';
(3) in paragraph (3) (as redesignated by paragraph (1))--
(A) by amending subparagraph (A), by striking ``(C) of
subsection (a)(2)'' and inserting ``(D) of subsection
(a)(2)'';
(B) by amending subparagraph (B) to read as follows:
``(B) with respect to a program described in subsection
(b)(3) that is offered by a provider, consist of information
designating the program as having conditional eligibility;'';
and
(C) by amending subparagraph (C) to read as follows:
``(C) with respect to a program described in subsection
(b)(4) that is offered by a provider, consist of the
information promoting the program as having an employer-
sponsored designation and identifying the employer or
partnership sponsoring the program.''.
(4) by amending paragraph (4) (as so redesignated) to read
as follows:
``(4) Availability.--The list (including the credential
navigation feature described in paragraph (2)), and the
accompanying information shall be made available to such
participants and to members of the public through the one-
stop delivery system in the State--
``(A) on a publicly accessible website that--
``(i) is consumer-tested; and
``(ii) is searchable, easily understandable, and navigable,
and allows for the comparison of eligible programs through
the use of common, linked, open-data descriptive language;
and
``(B) in a manner that does not reveal personally
identifiable information about an individual participant.'';
and
(5) by inserting before paragraph (6) (as so redesignated),
the following:
``(5) Website technical assistance.--The Secretary shall--
``(A) upon request, provide technical assistance to a State
on establishing a website that meets the requirements of
paragraph (4); and
``(B) disseminate to each State effective practices or
resources from States and private sector entities related to
establishing a website that is consumer-tested to ensure that
the website is easily understood, searchable, and
navigable.''.
(e) Provider Performance Incentives.--Section 122 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3152), as
amended by this section, is further amended--
(1) in subsection (e), by striking ``information
requirements,'' in each place it appears;
(2) by redesignating subsections (f) through (i) as
subsection (g) through (j), respectively;
(3) by inserting after subsection (e), as so amended, the
following:
``(f) Provider Performance Incentives.--
``(1) In general.--The Governor or a local board may
establish a system of performance incentive payments to be
awarded to providers in addition to the amount paid under
section 133(b) to such providers for the provision of
training services to participants of eligible programs. Such
system of performance incentives may be established to award
eligible programs that--
``(A) achieve performance levels above the minimum levels
established by the Governor under subsection (b)(2);
``(B) serve a significantly higher number of individuals
with barriers to employment compared to training providers
offering similar training services; or
``(C) achieve other performance successes, including those
related to jobs that provide economic stability and upward
mobility (such as leading to jobs with high wages and family
sustainable benefits) as determined by the State or the local
board.
``(2) Incentive payments.--Incentive payments to providers
established under paragraph (1) shall be awarded to providers
from the following allotments:
``(A) In the case of a system of performance incentive
payments established by the Governor, from funds reserved by
the Governor under section 128(a).
``(B) In the case of a system of performance incentive
payments established by a local board, from the allocations
made to the local area for youth under section 128(b), for
adults under paragraph (2)(A) or (3) of section 133(b), or
for dislocated workers under section 133(b)(2)(B), as
appropriate.'';
(f) Enforcement.--Section 122(g)(1) of the Workforce
Innovation and Opportunity Act (as redesignated by subsection
(e)(2)), is amended by adding at the end the following:
``(D) Failure to provide required information.--With
respect to a provider of training services that is eligible
under this section for a program year with respect to an
eligible program, but that does not provide the information
described in subsection (b)(5) with respect to such program
for such program year (including information on performance
necessary to determine if the program meets the minimum
levels on the criteria to maintain eligibility), the provider
shall be ineligible under this section with respect to such
program for the program year after the program year for which
the provider fails to provide such information.
``(E) Failure to meet performance criteria.--
``(i) First year.--An eligible program that has received
standard eligibility under subsection (c)(2) for a program
year but fails to meet the minimum levels of performance on
the criteria described in subsection (b)(2) during the most
recent program year for which performance data on such
criteria are available shall be notified of such failure by
the Governor.
``(ii) Second consecutive year.--A program that fails to
meet the minimum levels of performance for a second
consecutive program year shall lose standard eligibility for
such program for at least the program year following such
second consecutive program year.
``(iii) Reapplication.--
``(I) Standard eligibility.--A provider may reapply to
receive standard eligibility for the program according to the
criteria described in subsection (c) if the program
performance for the most recent program year for which
performance data is available meets the minimum levels of
performance required to receive such standard eligibility.
``(II) Conditional eligibility.--A program that loses
standard eligibility may apply to receive conditional
eligibility under the process and criteria established by the
Governor under subsection (b)(3).''.
(g) On-the-Job Training, Employer-directed Skills
Development, Incumbent Worker Training, and Other Training
Exceptions.--Subsection (i) (as redesignated by subsection
(e)(2)) of section 122 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152) is amended--
(1) in paragraph (1)--
(A) by striking ``customized training'' and inserting
``employer-directed skills development''; and
(B) by striking ``subsections (a) through (f)'' and
inserting ``subsections (a) through (g)''; and
(2) in paragraph (2), by amending the first sentence to
read as follows: ``A one-stop operator in a local area shall
collect the minimum amount of information from providers of
on-the-job training, employer-directed skills development,
incumbent worker training, internships, paid or unpaid work
experience opportunities, and transitional employment as
necessary to enable the use of State administrative data to
generate such performance information as the Governor may
require.''.
(h) Technical Assistance.--Section 122 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3152) is further
amended by adding at the end the following:
``(k) Technical Assistance.--The Governor may apply to the
Secretary for technical assistance, as described in section
168(c), for purposes of carrying out the requirements of
subsection (c)(4), or paragraph (2) or (5) of subsection (d),
or any other amendments made by the A Stronger Workforce for
America Act to this section, and the Secretary shall provide
such technical assistance in a timely manner.''.
(i) Transition.--A Governor and local boards shall
implement the requirements of section 122 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3152), as amended
by this Act, not later than the first day of the second full
program year after the date of enactment of this Act. In
order to facilitate early implementation of this section, the
Governor may establish transition procedures under which
providers eligible to provide training services under chapter
1 of subtitle B of title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3151 et seq.), as such chapter was
in effect on the day before the date of enactment of this
Act, may continue to be eligible to provide such services
until December 31, 2024, or until such earlier date as the
Governor determines to be appropriate.
CHAPTER 2--YOUTH WORKFORCE INVESTMENT ACTIVITIES
SEC. 131. RESERVATIONS; REALLOCATION.
(a) Reservations for Statewide Activities.--Section 128(a)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3173(a)) is amended--
(1) in paragraph (2), by striking ``reserved amounts'' in
each place and inserting ``reserved amounts under paragraph
(1)''; and
(2) by adding at the end the following:
``(3) Statewide critical industry skills fund.--
``(A) Authorized reservation.--In addition to the
reservations required under paragraph (1) and section
133(a)(2), and subject to subparagraph (B), the Governor may
reserve not more than 10 percent of each of the amounts
allotted to the State under section 127(b)(1)(C) and
paragraphs (1)(B) and (2)(B) of section 132(b) for a fiscal
year to establish and administer a critical industry skills
fund described in section 134(a)(4).
``(B) Matching funds.--
``(i) Requirement.--The amount of funds reserved by a
Governor under subparagraph (A) for a fiscal year may not
exceed the amount of funds that such Governor commits to
using from any of the funds listed in clause (ii) for such
fiscal year for the purposes of establishing and
administering the critical industry skills fund for which
funds are reserved under subparagraph (A).
``(ii) Sources of matching funds.--The funds listed in this
clause are as follows:
``(I) Funds reserved by the Governor under paragraph (1) of
this subsection.
``(II) Other Federal funds not described in subclause (I).
``(III) State funds.''.
(b) Reallocation Among Local Areas.--Section 128(c) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3173(c))
is amended--
(1) in paragraph (1), by inserting the following before the
period at the end: ``as performance-based incentive
payments''; and
(2) in paragraph (4)--
[[Page H2201]]
(A) by striking ``that does not'' and inserting the
following: ``that--
``(A) does not'';
(B) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(B) has met or exceeded an average of 100 percent of the
local level of performance described in section 116(c)(1)(B)
for the local area across all indicators for the youth
program authorized under this chapter for the most recent
program year for which performance data is available; and
``(C) was not subject to corrective action by the Governor
under section 184(a)(5)(A) for a determination of non-
compliance with the uniform administrative requirements
described in section 184(a)(3) for the program year for which
the determination under paragraph (2) is made.''.
SEC. 132. USE OF FUNDS FOR YOUTH WORKFORCE INVESTMENT
ACTIVITIES.
(a) Opportunity Youth.--Section 129 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164) is amended by
striking ``out-of-school'' each place it appears and
inserting ``opportunity''.
(b) Youth Participant Eligibility.--
(1) Eligibility determination.--
(A) Eligibility.--Subparagraph (A) of section 129(a)(1) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3164(a)(1) is amended to read as follows:
``(A) Eligibility determination.--
``(i) In general.--To be eligible to participate in
activities carried out under this chapter during any program
year, an individual shall, at the time the eligibility
determination is made, be an opportunity youth or an in-
school youth.
``(ii) Enrollment.--If a one-stop operator or eligible
provider of youth workforce activities carrying out
activities under this chapter reasonably believes that an
individual is eligible to participate in such activities, the
operator or provider may allow such individual to participate
in such activities for not more than a 30-day period during
which the operator or provider shall obtain the necessary
information to make an eligibility determination with respect
to such individual (which may involve working with such
individual, other entities in the local area, and available
sources of administrative data to obtain the necessary
information).
``(iii) Determination of ineligibility.--With respect to an
individual who is determined to be ineligible for activities
under this chapter by a one-stop operator or a service
provider during the period described in clause (ii) and who
does not qualify for an exception under paragraph (3)(A)(ii)
applicable to the local area involved, such operator or
service provider--
``(I) may--
``(aa) continue serving such individual using non-Federal
funds; or
``(bb) end the participation of such individual in
activities under this chapter and refer the individual to
other services that may be available in the local area for
which the individual may be eligible; and
``(II) shall be paid for any services provided to such
individual under this chapter during the period described in
clause (ii) by the local area involved using funds allocated
to such area under section 128(b).
``(iv) Determination process for homeless and foster
youth.--In determining whether an individual is eligible to
participate in activities carried out under this chapter on
the basis of being an individual who is a homeless child or
youth, or a youth in foster care, as described in
subparagraph (B)(iii)(V), the one-stop operator or service
provider involved shall--
``(I) if determining whether the individual is a homeless
child or youth, use a process that is in compliance with the
requirements of subsection (a) of section 479D of the Higher
Education Act of 1965, as added by section 702(l) of the
FAFSA Simplification Act (Public Law 116-260), for financial
aid administrators; and
``(II) if determining whether the individual is a youth in
foster care, use a process that is in compliance with the
requirements of subsection (b) of section 479D of the Higher
Education Act of 1965, as added by section 702(l) of the
FAFSA Simplification Act (Public Law 116-260), for financial
aid administrators.''.
(B) Definition of opportunity youth.--Subparagraph (B) of
section 129(a)(1) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3164(a)(1) is amended--
(i) in the subparagraph heading, by striking ``Out-of-
school'' and inserting ``Opportunity'';
(ii) in clause (i), by inserting ``, except that an
individual described in subparagraph (IV) or (V) of clause
(iii) may be attending school'' after ``(as defined under
State law)'';
(iii) in clause (ii), by inserting before the semicolon at
the end, the following : ``, except that an individual
described in subparagraph (IV) or (V) of clause (iii) may be
not younger than age 14 or older than age 24''; and
(iv) in clause (iii)(III)--
(I) in the matter preceding item (aa), by striking ``and
is'' and inserting ``and'';
(II) in item (aa), by striking ``basic skills deficient;''
and inserting ``has foundational skills needs;''; and
(III) in item (bb), by striking ``an English language
learner'' and inserting ``is an English learner''.
(C) Definition of in-school youth.--Subparagraph (C)(iv) of
section 129(a)(1) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3164(a)(1)) is amended--
(i) in subclause (I), by striking ``Basic skills
deficient.'' and inserting ``An individual who has
foundational skills needs.'';
(ii) in subclause (II), by striking ``language'';
(iii) by striking subclauses (III) and (IV); and
(iv) by redesignating subclauses (V), (VI), and (VII) as
subclauses (III), (IV), and (V), respectively.
(2) Exception and limitation.--Section 129(a)(3) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3164(a)(1)) is amended--
(A) in subparagraph (A)(ii), by striking ``5'' and
inserting ``10''; and
(B) in subparagraph (B)--
(i) by striking ``5'' inserting ``10''; and
(ii) by striking ``paragraph (1)(C)(iv)(VII)'' and
inserting ``paragraph (1)(C)(iv)(V)''.
(3) Opportunity youth priority.--Section 129(a)(4) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3164(a)(1)) is amended--
(A) in the paragraph heading, by striking ``Out-of-school''
and inserting ``Opportunity'';
(B) in subparagraph (A)--
(i) by striking ``75'' each place it appears and inserting
``65'';
(ii) by inserting ``the total amount of'' before ``funds
available''; and
(iii) by inserting ``in the State'' after ``subsection
(c)'';
(C) in subparagraph (B)(i), by striking ``75'' and
inserting ``65'';
(D) by redesignating subparagraph (B), as so amended, as
subparagraph (C); and
(E) by inserting after subparagraph (A) the following:
``(B) Local area targets.--The local board, the chief
elected official, and the Governor shall negotiate and reach
agreement on the minimum amount of funds provided to a local
area under subsection (c) that shall be used to provide youth
workforce investment activities for opportunity youth based
on the needs of youth in the local area, as necessary for the
State to meet the percentage described in subparagraph
(A).''.
(c) Required Statewide Youth Activities.-- Section
129(b)(1) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3164(b)(1))--
(1) in the matter preceding subparagraph (A), by striking
``sections 128(a)'' and inserting ``sections 128(a)(1)''; and
(2) in subparagraph (B), by inserting ``through a website
that is consumer-tested to ensure that the website is easily
understood, searchable, and navigable and allows for
comparison of eligible providers based on the program
elements offered by such providers and the performance of
such providers on the primary indicators of performance for
the youth program as described in section 116(b)(2)(A)(ii)''
after ``under section 123''.
(d) Allowable Statewide Youth Activities.--Section
129(b)(2) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3164(b)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``sections 128(a)'' and inserting ``sections 128(a)(1)'';
(2) in subparagraph (C), by inserting ``, which may include
providing guidance on career options in in-demand industry
sectors or occupations'' after ``in the State'';
(3) in subparagraph (D)--
(A) in clause (iv), by striking ``and'' at the end; and
(B) by inserting after clause (v) the following:
``(vi) supporting the ability to understand relevant tax
information and obligations;'';
(4) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(5) by adding at the end the following:
``(F) establishing, supporting, and expanding work-based
learning opportunities, including transitional jobs, that are
aligned with career pathways;
``(G) raising public awareness (including through public
service announcements, such as social media campaigns and
elementary and secondary school showcases and school visits)
about career and technical education programs and community-
based and youth services organizations, and other endeavors
focused on programs that prepare students for in-demand
industry sectors or occupations; and
``(H) developing partnerships between educational
institutions (including area career and technical schools and
institutions of higher education) and employers to create or
improve workforce development programs to address the
identified education and skill needs of the workforce and the
employment needs of employers in the regions or local areas
of the State, as determined based on the most recent analysis
conducted under subparagraphs (B) and (C) of section
102(b)(1).''.
(e) Local Elements and Requirements.--
(1) Program design.--Section 129(c)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(1)) is
amended--
(A) in subparagraph (B), by inserting ``(which, in the case
of a participant 18 years or older, may include co-enrollment
in any employment or training activity provided under section
134 for adults)'' after ``services for the participant'';
(B) in subparagraph (C)(v), by inserting ``high-skill,
high-wage, or'' after ``small employers, in''; and
(C) in subparagraph (D)--
(i) by striking ``10'' and inserting ``40''; and
(ii) by inserting before the period the following: ``,
except that after 2 consecutive
[[Page H2202]]
years of the local board implementing such a pay-for-
performance contract strategy, the local board may reserve
and use not more than 60 percent of such total funds
allocated to the local area for such strategy if--
``(i) the local board demonstrates to the Governor that
such strategy resulted in performance improvements; and
``(ii) the Governor approves a request to use such
percentage of total funds''.
(2) Program elements.--Section 129(c)(2) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(2)) is
amended--
(A) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``other'' and inserting ``year-round''; and
(II) by inserting ``that meet the requirements of paragraph
(10)'' after ``school year'';
(ii) in clause (iii), by striking ``and job shadowing;
and'' and inserting the following: ``that, to the extent
practicable, are aligned with in-demand industry sectors or
occupations in the State or local area and for which
participants shall be paid (by the entity providing the
internship, through funds allocated to the local area
pursuant to paragraph (1) for the program, or by another
entity) if such internships are longer than--
``(I) 4 weeks in the summer or 8 weeks during the school
year for in-school youth and opportunity youth who are
enrolled in school; or
``(II) 8 weeks for opportunity youth who are not enrolled
in school;'';
(iii) by redesignating clause (iv) as clause (v); and
(iv) by inserting after clause (iii), as so amended, the
following:
``(iv) job shadowing; and'';
(B) in subparagraph (H), by striking ``adult mentoring''
and inserting ``coaching and adult mentoring services'';
(C) in subparagraph (M)--
(i) by inserting ``high-skill, high-wage, or'' before ``in-
demand industry''; and
(ii) by striking the ``and'' at the end;
(D) in subparagraph (N), by striking the period at the end
and inserting ``; and''; and
(E) by adding at the end the following:
``(O) activities to develop fundamental workforce
readiness, which may include creativity, collaboration,
critical thinking, digital literacy, persistence, and other
relevant skills.''.
(3) Priority.--Section 129(c)(4) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(2)) is
amended, by striking ``20'' and inserting ``40''.
(4) Rule of construction.--Section 129(c)(5) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3164(c)(2)) is amended by inserting ``or local area'' after
``youth services''.
(5) Individual training accounts.--Section 129(c) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3164(c)(2)) is further amended by adding at the end the
following:
``(9) Individual training accounts.--Funds allocated
pursuant to paragraph (1) to a local area may be used to pay,
through an individual training account, an eligible provider
of training services described in section 122(d) for training
services described in section 134(c)(3) provided to in-school
youth who are not younger than age 16 and not older than age
21 and opportunity youth, in the same manner that an
individual training account is used to pay an eligible
provider of training services under section 134(c)(3)(F)(iii)
for training services provided to an adult or dislocated
worker.''.
(6) Summer and year-round employment opportunities
requirements.--Section 129(c) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3164(c)(2)) is further amended by
adding at the end the following:
``(10) Summer and year-round employment opportunities
requirements.--
``(A) In general.--A summer employment opportunity or a
year-round employment opportunity referred to in paragraph
(2)(C)(i) shall be a program that matches eligible youth
participating in such program with an appropriate employer
(based on factors including the needs of the employer and the
age, skill, and informed aspirations of the eligible youth)
that--
``(i) shall include--
``(I) a component of occupational skills education; and
``(II) not less than 2 of the activities described in
subparagraphs (G), (H), (I), (K), (M), and (O) of paragraph
(2);
``(ii) may not use funds allocated under this chapter to
subsidize more than 50 percent of the wages of each eligible
youth participant in such program;
``(iii) in the case of a summer employment opportunity,
complies with the requirements of subparagraph (B); and
``(iv) in the case of a year-round employment opportunity,
complies with the requirements of subparagraph (C).
``(B) Summer employment opportunity.--In addition to the
applicable requirements described in subparagraph (A), a
summer employment opportunity--
``(i) may not be less than 4 weeks; and
``(ii) may not pay less than the greater of the applicable
Federal, State, or local minimum wage.
``(C) Year-round employment opportunity.--In addition to
the applicable requirements described in subparagraph (B), a
year-round employment opportunity--
``(i) may not be shorter than 180 days or longer than 1
year;
``(ii) may not pay less than the greater of the applicable
Federal, State, or local minimum wage; and
``(iii) may not employ the eligible youth for less than 20
hours per week, except in instances when the eligible youth
are under the age of 18 or enrolled in school.
``(D) Priority.--In selecting summer employment
opportunities or year-round employment opportunities for
purposes of paragraph (2)(C)(i), a local area shall give
priority to programs that meet the requirements of this
paragraph, which are in existing or emerging high-skill,
high-wage, or in-demand industry sectors or occupations.''.
CHAPTER 3--ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING
ACTIVITIES
SEC. 141. STATE ALLOTMENTS.
Section 132(a)(2)(A) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3172(a)(2)(A)) is amended by--
(1) striking ``, 169(c) (relating to dislocated worker
projects),''; and
(2) by inserting ``, and under subsections (c) (related to
dislocated worker projects) and (d) (related to workforce
data quality initiatives) of section 169'' before ``; and''
SEC. 142. RESERVATIONS FOR STATE ACTIVITIES; WITHIN STATE
ALLOCATIONS; REALLOCATION.
(a) Reservations for State Activities.--Section 133(a) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3173(a)) is amended--
(1) in paragraph (1), by striking ``section 128(a)'' and
inserting ``section 128(a)(1)'';
(2) by adding at the end the following:
``(3) Statewide critical industry skills fund.--In addition
to the reservations required under paragraphs (1) and (2) of
this subsection, the Governor may make the reservation
authorized under section 128(a)(3).''.
(b) Within State Allocations.--Section 133(b)(1) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3173(b))
is amended--
(1) in subparagraph (A), by striking ``subsection (a)(1)''
and inserting ``paragraph (1) or (3) of subsection (a)''; and
(2) in subparagraph (B), by striking ``paragraph (1) or (2)
of subsection (a)'' and inserting ``paragraph (1), (2), or
(3) of subsection (a)''.
(c) Reallocation Among Local Areas.--Section 133(c) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3173(c))
is amended--
(1) in paragraph (1), by inserting before the period at the
end, the following: ``as performance-based incentive
payments'';
(2) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking ``that does not'' and inserting the
following: ``that--
``(i) does not'';
(ii) by striking ``; and'' and inserting a semicolon; and
(iii) by adding at the end the following:
``(ii) has met or exceeded an average of 100 percent of the
local level of performance described in section 116(c)(1)(B)
for the local area across all indicators for the adult
program authorized under this chapter for the most recent
program year for which performance data is available; and
``(iii) was not subject to corrective action by the
Governor under section 184(a)(5)(A) for a determination of
non-compliance with the uniform administrative requirements
described in section 184(a)(3) for the program year for which
the determination under paragraph (2) is made; and''; and
(B) in subparagraph (B)--
(i) by striking ``that does not'' and inserting the
following: ``that--
``(i) does not'';
(ii) by striking the period at the end and inserting a
semicolon; and
(iii) by adding at the end the following:
``(ii) has met or exceeded an average of 100 percent of the
local level of performance described in section 116(c)(1)(B)
for the local area across all indicators for the dislocated
worker program authorized under this chapter for the most
recent program year for which performance data is available;
and
``(iii) was not subject to corrective action by the
Governor under section 184(a)(5)(A) for a determination of
non-compliance with the uniform administrative requirements
described in section 184(a)(3) for the program year for which
the determination under paragraph (2) is made; and''; and
(3) by adding at the end the following:
``(5) Use of incentive funds.--Any amounts provided to a
local area as a performance incentive payment under this
subsection shall not be subject to the requirements described
in section 134(c)(1)(B).''.
SEC. 143. USE OF FUNDS FOR EMPLOYMENT AND TRAINING
ACTIVITIES.
(a) Statewide Employment and Training Activities.--
(1) In general.--Section 134(a)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(a)(1))--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking
``128(a)'' and inserting ``128(a)(1)''; and
(ii) in clause (ii)--
(I) by striking the comma at the end and inserting ``or to
establish and administer a critical industry skills fund
under paragraph (4); and'' ; and
(C) by inserting before the flush left text at the end the
following:
``(C) as described in section 128(a)(3), shall be used to
establish and administer a critical industry skills fund
described in paragraph (4).''.
[[Page H2203]]
(2) Required statewide employment and training
activities.--
(A) Statewide rapid response activities.--Section
134(a)(2)(A) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3174(a)(2)(A)) is amended--
(i) in clause (i)--
(I) in subclause (I)--
(aa) by striking ``working'' and inserting ``as a rapid
response unit working''; and
(bb) by striking ``and'' at the end;
(II) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(III) by adding at the end the following:
``(III) provision of additional assistance to a local area
that has excess demand for individual training accounts for
dislocated workers in such local area and requests such
assistance under paragraph (5) of section 414(c) of the
American Competitiveness and Workforce Improvement Act of
1998 (29 U.S.C. 3224a(5)), upon a determination by the State
that, in using funds allocated to such local area pursuant to
paragraph (1) of such section 414(c) and subsection (c)(1)(B)
of this section for the purpose described in paragraph (2)(A)
of such section 414(c), the local area was in compliance with
the requirements of such section 414(c).''; and
(ii) by adding at the end the following:
``(iii) Insufficient funds to meet excess demand.--If a
State determines that a local area with excess demand as
described in clause (i)(III) met the compliance requirements
described in such clause, but the State does not have
sufficient funds reserved under section 133(a)(2) to meet
such excess demand, the State--
``(I) shall notify the Secretary of such excess demand; and
``(II) if eligible, may apply for a national dislocated
worker grant under section 170 of this Act.''.
(B) Statewide employment and training activities.--Section
134(a)(2)(B) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3174(a)(2)(B) is amended--
(i) in clause (i)--
(I) in subclause (III), by striking ``and'' at the end;
(II) in subclause (IV)--
(aa) by inserting ``the development and education of staff
to increase expertise in providing opportunities for covered
veterans (as defined in section 4212(a)(3)(A) of title 38,
United States Code) to enter in-demand industry sectors or
occupations and nontraditional occupations),'' after
``exemplary program activities,''; and
(bb) by adding ``and'' at the end; and
(III) by adding at the end the following:
``(V) local boards and eligible training providers in
carrying out the performance reporting required under section
116(d), including facilitating data matches for program
participants using quarterly wage record information
(including the wage records made available by any other State
and information provided from the National Directory of New
Hires in accordance with section 453(j)(8) of the Social
Security Act (42 U.S.C. 653(j)(8))) and other sources of
information, as necessary to measure the performance of
programs and activities conducted under chapter 2 or chapter
3 of this subtitle;'';
(ii) in clause (v)--
(I) in subclause (II), by striking ``customized training''
and inserting ``employer-directed skills development''; and
(II) in subclause (VI), by striking ``and'' at the end;
(iii) in clause (vi), by striking the period at the end and
inserting a semicolon; and
(iv) by adding at the end the following:
``(vii) coordinating (which may be done in partnership with
other States) with industry organizations, employers
(including small and mid-sized employers), industry or sector
partnerships, training providers, local boards, and
institutions of higher education to identify or develop
competency-based assessments that are a valid and reliable
method of collecting information with respect to, and
measuring, the prior knowledge, skills, and abilities of
individuals who are adults or dislocated workers for the
purpose of--
``(I) awarding, based on the knowledge, skills, and
abilities of such an individual validated by such
assessments--
``(aa) a recognized postsecondary credential that is used
by employers in the State for recruitment, hiring, retention,
or advancement purposes;
``(bb) postsecondary credit toward a recognized
postsecondary credential aligned with in-demand industry
sectors and occupations in the State for the purpose of
accelerating attainment of such credential; and
``(cc) postsecondary credit for progress along a career
pathway developed by the State or a local area within the
State;
``(II) developing individual employment plans under
subsection (c)(2)(B)(vii)(II) that incorporate the knowledge,
skills, and abilities of such an individual to identify--
``(aa) in-demand industry sectors or occupations that
require similar knowledge, skills, and abilities; and
``(bb) any upskilling needed for the individual to secure
employment in such a sector or occupation; and
``(III) helping such an individual communicate such
knowledge, skills, and abilities to prospective employers
through a skills-based resume, profile, or portfolio; and
``(viii) disseminating to local areas and employers
information relating to the competency-based assessments
identified or developed pursuant to clause (vii), including--
``(I) any credential or credit awarded pursuant to items
(aa) through (cc) of clause (vii)(I);
``(II) the industry organizations, employers, training
providers, and institutions of higher education located
within the State that recognize the knowledge, skills, and
abilities of an individual validated by such assessments;
``(III) how such assessments may be provided to, and
accessed by, individuals through the one-stop delivery
system; and
``(IV) information on the extent to which such assessments
are being used by employers and local areas in the State.''.
(3) Allowable statewide employment and training
activities.--Section 134(a)(3)(A) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3174(a)(3)(A))--
(A) in clause (i)--
(i) by inserting ``or evidence-based'' after
``innovative''; and
(ii) by striking ``customized training'' and inserting
``employer-directed skills development'';
(B) in clause (ii), by inserting ``, or bringing evidence-
based strategies to scale,'' after ``strategies'';
(C) in clause (iii), by striking `` and prior learning
assessment to'' and inserting ``, prior learning assessment,
or a competency-based assessment identified or developed by
the State under paragraph (2)(B)(vii), to'';
(D) in clause (viii)(II)--
(i) in item (dd), by striking ``and literacy'' and
inserting ``, literacy, and digital literacy'';
(ii) in item (ee), by striking ``ex-offenders in reentering
the workforce; and'' and inserting `` justice-involved
individuals in reentering the workforce;''; and
(iii) by adding at the end the following:
``(gg) programs under the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.) that support employment and economic
security; and'';
(E) in clause (xiii), by striking ``and'' at the end;
(F) in clause (xiv), by striking the period at the end and
inserting a semicolon; and
(G) by adding at the end the following:
``(xv) supporting employers seeking to implement skills-
based hiring practices, which may include technical
assistance on the use and validation of employment
assessments (including competency-based assessments developed
or identified by the State pursuant to paragraph
(2)(B)(vii)), and support in the creation of skills-based job
descriptions;
``(xvi) developing partnerships between educational
institutions (including area career and technical education
schools, local educational agencies, and institutions of
higher education) and employers to create or improve
workforce development programs to address the identified
education and skill needs of the workforce and the employment
needs of employers in regions of the State, as determined by
the most recent analysis conducted under subparagraphs (A),
(B), and (C) of section 102(b)(1);
``(xvii) identifying and making available to residents of
the State, free or reduced cost access to online skills
development programs that are aligned with in-demand
industries or occupations in the State and lead to attainment
of a recognized postsecondary credential valued by employers
in such industries or occupations; and
``(xviii) establishing and administering a critical
industry skills fund under paragraph (4).''.
(4) Critical industry skills fund.--Section 134(a) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)),
as amended, is further amended by adding at the end the
following:
``(4) Critical industry skills fund.--
``(A) Performance-based payments.--A State shall use funds
reserved under paragraph (3)(A) of section 128(a), and any
funds reserved under paragraph (3)(B) of section 128(a), to
establish and administer a critical industry skills fund to
award performance-based payments on a per-worker basis to
eligible entities that provide eligible skills development
programs to prospective workers or incumbent workers (which
may include youth age 18 through age 24) in industries and
occupations identified by the Governor under subparagraph (B)
that will result in employment or retention with a
participating employer.
``(B) Industries and occupations.--
``(i) In general.--The Governor (in consultation with the
State board)--
``(I) shall identify the industries and occupations for
which an eligible skills development program carried out by
an eligible entity in the State may receive funds under this
paragraph; and
``(II) may select the industries and occupations identified
under subclause (I) that will receive priority for funds
under this paragraph.
``(ii) High growth and high wage.--In selecting industries
or occupations to prioritize pursuant to clause (i)(II), the
Governor may consider--
``(I) industries that have, or are expected to have, a high
rate of growth and an unmet demand for skilled workers; and
``(II) occupations--
``(aa) with wages that are significantly higher than an
occupation of similar level of skill or needed skill
development; or
``(bb) that are aligned with career pathways into higher
wage occupations.
``(C) Submission of proposals.--
``(i) In general.--To be eligible to receive a payment
under the critical industry skills fund established under
this paragraph by a State, an eligible entity shall submit a
proposal to the Governor in such form and at
[[Page H2204]]
such time as the Governor may require (subject to the
requirements of clause (ii)), which shall include--
``(I) a description of the industries or occupations in
which the participating employer is seeking to fill jobs, the
specific skills or credentials necessary for an individual to
obtain such a job, and the salary range of such a job;
``(II) the expected number of individuals who will
participate in the skills development program to be carried
out by the eligible entity;
``(III) a description of the eligible skills development
program, including the provider, the length of the program,
the skills to be gained, and any recognized postsecondary
credentials that will be awarded;
``(IV) the total cost of providing the program;
``(V) for purposes of receiving a payment pursuant to
subparagraph (D)(i)(II)(bb), a commitment from the
participating employer in the eligible entity to employ each
participant of the program for not less than a 6-month period
(or a longer period as determined by the State) after
successful completion of the program; and
``(VI) an assurance that the entity will--
``(aa) establish the written agreements described in
subparagraph (D)(ii)(I);
``(bb) maintain and submit the documentation described in
subparagraph (D)(ii)(II); and
``(cc) maintain and submit the necessary documentation for
the State to verify participant outcomes and report such
outcomes as described in subparagraph (F).
``(ii) Administrative burden.--The Governor shall ensure
that the form and manner in which a proposal required to be
submitted under clause (i) is designed to minimize paperwork
and administrative burden for entities.
``(iii) Approval of subsequent proposals.--With respect to
an eligible entity that has had a proposal approved by the
Governor under this subparagraph and that submits a
subsequent proposal under this subparagraph, the eligible
entity may only receive approval from the Governor for the
subsequent proposal if--
``(I) with respect to the most recent proposal approved
under this subparagraph--
``(aa) the skills development program has ended;
``(bb) for any participants employed by the participating
employer in accordance with subparagraph (C)(i)(V), the
minimum periods of such employment described in such
subparagraph have ended;
``(cc) all the payments under subparagraph (D) owed to the
eligible entity have been made; and
``(dd) not fewer than 70 percent of the participants who
enrolled in the skills development program--
``(AA) completed such program; and
``(BB) after such completion, were employed by the
participating employer for the minimum period described in
subparagraph (C)(i)(V); and
``(II) the eligible entity meets any other requirements
that the Governor may establish with respect to eligible
entities submitting subsequent proposals.
``(D) Reimbursement for approved proposals.--
``(i) State requirements.--
``(I) In general.--With respect to each eligible entity
whose proposal under subparagraph (C) has been approved by
the Governor, the Governor shall make payments (in an amount
determined by the Governor and subject to the requirements of
subclause (II) of this clause, subparagraphs (E) and (G), and
any other limitations determined necessary by the State) from
the critical industry skills fund established under this
paragraph to such eligible entity for each participant of the
eligible skills development program described in such
proposal and with respect to whom the eligible entity meets
the requirements of clause (ii).
``(II) Payments.--In making payments to an eligible entity
under subclause (I) with respect to a participant--
``(aa) 50 percent of the total payment shall be made after
the participant completes the eligible skills development
program offered by the eligible entity; and
``(bb) the remaining 50 percent of such total payment shall
be made after the participant has been employed by the
participating employer for the minimum period described in
subparagraph (C)(i)(V).
``(ii) Eligible entity requirements.--To be eligible to
receive the payments described in clause (i) with respect to
a participant, an eligible entity described in such clause
shall--
``(I) establish a written agreement with the participant
that includes the information described in subclauses (I) and
(III) of subparagraph (C)(i); and
``(II) submit documentation as the Governor determines
necessary to verify that such participant has completed the
skills development program offered by the eligible entity and
has been employed by the participating employer for the
minimum period described in subparagraph (C)(i)(V).
``(E) Non-federal cost sharing.--
``(i) Limits on federal share.--An eligible entity may not
receive funds under subparagraph (D) with respect to a
participant of the eligible skills development program
offered by the eligible entity in excess of the following
costs of such program:
``(I) In the case of a participating employer of such
eligible entity with 25 or fewer employees, 90 percent of the
costs.
``(II) In the case of a participating employer of such
eligible entity with more than 25 employees, but fewer than
100 employees, 75 percent of the costs.
``(III) In the case of a participating employer of such
eligible entity with 100 or more employees, 50 percent of the
costs.
``(ii) Non-federal share.--
``(I) In general.--Any costs of the skills development
program offered to a participant by such eligible entity that
are not covered by the funds received under subparagraph (D)
shall be the non-Federal share provided by the eligible
entity (in cash or in-kind).
``(II) Employer cost sharing.--If the eligible skills
development program is being provided on-the-job, the non-
Federal share provided by an eligible entity may include the
amount of the wages paid by the participating employer of the
eligible entity to a participant while such participant is
receiving the training.
``(F) Performance reporting.--
``(i) In general.--The State shall use the participant
information provided by eligible entities to submit to the
Secretary a report, on an annual basis, with respect to the
participants of the eligible skills development programs for
which the eligible entities received funds under this
paragraph for the most recent program year, which shall--
``(I) be made digitally available by the Secretary using
linked, open, and interoperable data, which shall include;
and
``(II) include--
``(aa) the number of individuals who participated in
programs, unless such information would reveal personally
identifiable information about an individual); and
``(bb) performance outcomes on the measures listed in
clause (ii).
``(ii) Measures.--The measures listed below are as follows:
``(I) The percentage of participants who completed the
skills development program.
``(II) The percentage of participants who were employed by
the participating employer for a 6-month period after program
completion.
``(III) The percentage of participants who were employed by
the participating employer as described in subclause (II),
and who remained employed by the participating employer 1
year after program completion.
``(IV) The median earnings of program participants who are
in unsubsidized employment during the second quarter after
program completion.
``(V) The median earnings increase of program participants,
measured by comparing the earning of a participant in the
second quarter prior to entry into the program to the
earnings of such participant in the second quarter following
completion of the program.
``(G) Definitions.--In this paragraph:
``(i) Eligible entity.--The term `eligible entity' means an
employer, a group of employers, an industry or sector
partnership, or another entity serving as an intermediary
(such as a local board) that is in a partnership with at
least one employer in an industry or occupation identified by
the Governor under subparagraph (B)(i) (referred to in this
paragraph as the `participating employer').
``(ii) Eligible skills development program.--The term
`eligible skills development program', with respect to which
a State may set a maximum and minimum length (in weeks)--
``(I) includes work-based education or related occupational
skills instruction that--
``(aa) develops the specific technical skills necessary for
successful performance of the occupations in which
participants are to be employed upon completion; and
``(bb) may be provided by the eligible entity or by any
training provider selected by the eligible entity and that is
not required to be on a list of eligible providers of
training services described in section 122(d); and
``(II) may not include employee onboarding, orientation, or
professional development generally provided to employees.''.
(5) State-imposed requirements.--Section 134(a) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)),
as amended, is further amended by adding at the end the
following:
``(5) State-imposed requirements.--Whenever a State or
outlying area implements any rule or policy relating to the
administration or operation of activities authorized under
this title that has the effect of imposing a requirement that
is not imposed under Federal law, or is not a requirement,
process, or criteria that the Governor or State is directed
to establish under Federal law, the State or outlying area
shall identify to local areas and eligible providers the
requirement as being imposed by the State or outlying
area.''.
(b) Required Local Employment and Training Activities.--
(1) Minimum amount for skills development.--Section
134(c)(1) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3174(c)(1)) is amended--
(A) in subparagraph (A)(iv), by striking ``to'' and
inserting ``to provide business services described in
paragraph (4) and'';
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A), as so amended, the
following:
``(B) Minimum amount for skills development.--Not less than
50 percent of the funds described in subparagraph (A) shall
be used by the local area--
``(i) for the payment of training services--
[[Page H2205]]
``(I) provided to adults under paragraph (3)(F)(iii); and
``(II) provided to adults and dislocated workers under
paragraph (3)(G)(ii); and
``(ii) for the payment of training services under paragraph
(2)(A) of section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 3224a(c)) after
funds allocated to such local area under paragraph (1) of
such section 414(c) have been exhausted.''; and
(D) in subparagraph (C), as so redesignated, by striking
``and (ii)'' and inserting ``, (ii), and (iv)''.
(2) Career services.--Section 134(c)(2) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)) is
amended--
(A) by redesignating subparagraphs (A) through (C) as
subparagraphs (B) through (D), respectively;
(B) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) Basic career services.--
``(i) In general.--The one-stop delivery system--
``(I) shall coordinate with the Employment Service office
colocated with the one-stop delivery system for such
Employment Service office to provide, using the funds
allotted to the State under section 6 of the Wagner-Peyser
Act (29 U.S.C. 49e), basic career services, which shall--
``(aa) include, at a minimum, the services listed in clause
(ii); and
``(bb) be available to individuals who are adults or
dislocated workers in an integrated manner to streamline
access to assistance for such individuals, to avoid
duplication of services, and to enhance coordination of
services; and
``(II) may use funds allocated under paragraph (1)(A), as
necessary, to supplement the services that are provided
pursuant to subclause (I) to individuals who are adults or
dislocated workers.
``(ii) Services.--The basic career services provided
pursuant to clause (i) shall include--
``(I) provision of workforce and labor market employment
statistics information, including the provision of accurate
(and, to the extent practicable, real-time) information
relating to local, regional, and national labor market areas,
including--
``(aa) job vacancy listings in such labor market areas;
``(bb) information on job skills necessary to obtain the
jobs described in item (aa); and
``(cc) information relating to local occupations in demand
(which may include entrepreneurship opportunities), and the
earnings, skill requirements, and opportunities for
advancement for such occupations;
``(II) labor exchange services, including job search and
placement assistance and, in appropriate cases, career
counseling, including--
``(aa) provision of information on in-demand industry
sectors and occupations;
``(bb) provision of information on nontraditional
employment; and
``(cc) provision of information on entrepreneurship, as
appropriate;
``(III)(aa) provision of information, in formats that are
usable by and understandable to one-stop center customers,
relating to the availability of supportive services or
assistance, including child care, child support, medical or
child health assistance under title XIX or XXI of the Social
Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.),
benefits under the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), assistance through the earned income
tax credit under section 32 of the Internal Revenue Code of
1986, and assistance under a State program for temporary
assistance for needy families funded under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.) and other
supportive services and transportation provided through funds
made available under such part, available in the local area;
and
``(bb) referral to the services or assistance described in
item (aa), as appropriate;
``(IV) provision of information and assistance regarding
filing claims for unemployment compensation; and
``(V) assistance in establishing eligibility for programs
of financial aid assistance for training and education
programs that are not funded under this Act.'';
(C) in subparagraph (B), as so redesignated--
(i) in the heading, by striking the heading and inserting
``Individualized career'';
(ii) by inserting ``individualized'' before ``career
services'';
(iii) by inserting ``shall, to the extent practicable, be
evidence-based,'' before ``and shall'';
(iv) in clause (iii), by inserting ``, and a determination
(considering factors including prior work experience,
military service, education, and in-demand industry sectors
and occupations in the local area) of whether such an
individual would benefit from a competency-based assessment
developed or identified by the State pursuant to subsection
(a)(2)(B)(vii) to accelerate the time to obtaining employment
that leads to economic self-sufficiency or career
advancement'' before the semi-colon at the end;
(v) by striking clauses (iv), (vi), (ix), (x), and (xi);
(vi) by redesignating clauses (v), (vii), (viii), (xii),
and (xiii) as clauses (iv), (v), (vi), (vii), and (viii),
respectively;
(vii) in clause (v), as so redesignated, by inserting ``and
credential'' after ``by program''; and
(viii) in clause (vii)(I)(aa), as so redesignated, by
inserting ``, including a competency-based assessment
developed or identified by the State pursuant to subsection
(a)(2)(B)(vii)'' after ``tools'';
(D) by amending subparagraph (C), as so redesignated, to
read as follows:
``(C) Use of previous assessments.--A one-stop operator or
one-stop partner shall not be required to conduct a new
interview, evaluation, or assessment of a participant under
subparagraph (B)(vii) if the one-stop operator or one-stop
partner determines that--
``(i) it is appropriate to use a recent interview,
evaluation, or assessment of the participant conducted
pursuant to another education or training program; and
``(ii) using such recent interview, evaluation, or
assessment will accelerate an eligibility determination.'';
and
(E) in subparagraph (D), as so redesignated--
(i) by inserting ``individualized'' before ``career''; and
(ii) in clause (ii), by inserting ``, libraries, and
community-based organizations'' after ``nonprofit service
providers''.
(3) Training services.--Section 134(c)(3) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)) is
amended--
(A) in subparagraph (A)--
(i) in clause (i), in the matter preceding subclause (I),
by striking ``clause (ii)'' and inserting ``clause (ii) or
(iii)''
(ii) in clause (i)(II)--
(I) by striking ``or in'' and inserting ``in'' and
(II) by inserting ``, or that may be performed remotely''
after ``relocate'';
(iii) by redesignating clause (iii) as clause (iv);
(iv) by inserting after clause (ii) the following:
``(iii) Employer referral.--
``(I) In general.--A one-stop operator or one-stop partner
shall not be required to conduct an interview, evaluation, or
assessment of an individual under clause (i)(I) if such
individual--
``(aa) is referred by an employer to receive on-the-job
training or employer-directed skills development in
connection with that employer; and
``(bb) has been certified by the employer as being in need
of training services to obtain unsubsidized employment with
such employer and having the skills and qualifications to
successfully participate in the selected program of training
services.
``(II) Priority.--A one-stop operator or one-stop partner
shall follow the priority described in subparagraph (E) to
determine whether an individual that meets the requirements
of subclause (I) of this clause is eligible to receive
training services.''; and
(v) by adding at the end the following:
``(v) Adult education and family literacy activities.--In
the case of an individual who is determined to not have the
skills and qualifications to successfully participate in the
selected program of training services under clause
(i)(I)(cc), the one-stop operator or one-stop partner shall
refer such individual to adult education and literacy
activities under title II, including for co-enrollment in
such activities, as appropriate.'';
(B) in subparagraph (B)--
(i) in clause (i)--
(I) in subclause (I), by striking ``other grant assistance
for such services, including'' and inserting ``assistance for
such services under''; and
(II) by striking ``under other grant assistance programs,
including'' and inserting ``under''; and
(ii) by adding at the end the following:
``(iv) Participation during eligibility determination.--An
individual may participate in a program of training services
during the period which such individual's eligibility for
training services under clause (i) is being determined,
except that the provider of such a program shall only receive
reimbursement under this Act for the individual's
participation during such period if such individual is
determined to be eligible under clause (i).'';
(C) in subparagraph (D)(xi), by striking ``customized
training'' and inserting ``employer-directed skills
development'';
(D) in subparagraph (E)--
(i) by striking ``are basic skills deficient'' and
inserting ``have foundational skill needs''; and
(ii) by striking ``paragraph (2)(A)(xii)'' and inserting
``paragraph (2)(B)(vii)'';
(E) in subparagraph (G)(ii)--
(i) in subclause (II), by striking ``customized training''
and inserting ``employer-directed skills development''; and
(ii) in subclause (IV), by striking ``is a'' and inserting
``is an evidence-based'';
(F) in subparagraph (H)--
(i) in clause (i), by striking ``reimbursement described in
section 3(44)'' and inserting ``reimbursement described in
the definition of the term ``on-the-job training'' in section
3''; and
(ii) in clause (ii)--
(I) in subclause (I), by inserting ``, such as the extent
to which participants are individuals with barriers to
employment'' after ``participants''; and
(II) in subclause (III), by inserting ``, including whether
the skills a participant will obtain are transferable to
other employers, occupations, or industries in the local area
or the State'' after ``opportunities''; and
(G) by adding at the end the following:
``(I) Employer-directed skills development.--An employer
may receive a contract
[[Page H2206]]
from a local board to provide employer-directed skills
development to a participant or group of participants if the
employer submits to the local board an agreement that
establishes--
``(i) the provider of the skills development program, which
may be the employer;
``(ii) the length of the skills development program;
``(iii) the recognized postsecondary credentials that will
be awarded to, or the occupational skills that will be gained
by, program participants;
``(iv) the cost of the skills development program;
``(v) the amount of such cost that will be paid by the
employer, which shall not be less than the amount specified
in subparagraph (C) of the definition of the term `employer-
directed skills development' in section 3; and
``(vi) a commitment by the employer to employ the
participating individual or individuals upon successful
completion of the program.''.
(c) Business Services.--Section 134(c) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)) is further
amended--
(1) in paragraph (1)(A)(iv), by inserting ``provide
business services described in paragraph (4) and'' before
``establish''; and
(2) by adding at the end the following:
``(4) Business services.--Funds described in paragraph (1)
shall be used to provide appropriate recruitment and other
business services and strategies on behalf of employers,
including small employers, that meet the workforce investment
needs of area employers, as determined by the local board and
consistent with the local plan under section 108, which
services--
``(A) may be provided through effective business
intermediaries working in conjunction with the local board,
and may also be provided on a fee-for-service basis or
through the leveraging of economic development,
philanthropic, and other public and private resources in a
manner determined appropriate by the local board; and
``(B) may include one or more of the following:
``(i) Developing and implementing industry sector
strategies (including strategies involving industry
partnerships, regional skills alliances, industry skill
panels, and sectoral skills partnerships).
``(ii) Developing and delivering innovative workforce
investment services and strategies for area employers, which
may include career pathways, skills upgrading, skill standard
development and certification for recognized postsecondary
credential or other employer use, apprenticeship, and other
effective initiatives for meeting the workforce investment
needs of area employers and workers.
``(iii) Assistance to area employers in managing reductions
in force in coordination with rapid response activities
provided under subsection (a)(2)(A) and developing strategies
for the aversion of layoffs, which strategies may include
early identification of firms at risk of layoffs, use of
feasibility studies to assess the needs of and options for
at-risk firms, and the delivery of employment and training
activities to address risk factors.
``(iv) The marketing of business services offered under
this title to appropriate area employers, including small and
mid-sized employers.
``(v) Technical assistance or other support to employers
seeking to implement skills-based hiring practices, which may
include technical assistance on the use and validation of
employment assessments, including competency-based
assessments developed or identified by the State pursuant to
paragraph (2)(B)(vii), and support in the creation of skills-
based job descriptions.
``(vi) Other services described in this subsection,
including providing information and referral to
microenterprise services, as appropriate, and specialized
business services not traditionally offered through the one-
stop delivery system.''.
(d) Permissible Local Employment and Training Activities.--
(1) Activities.--Section 134(d)(1)(A) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(d)(1)(A)) is
amended--
(A) by amending clause (iii) to read as follows:
``(iii) implementation of a pay-for-performance contract
strategy for training services, for which the local board may
reserve and use not more than 40 percent of the total funds
allocated to the local area under paragraph (2) or (3) of
section 133(b), except that after 2 fiscal years of a local
board implementing such pay-for-performance contract
strategy, the local board may request approval from the
Governor to reserve and use not more than 60 percent of the
total funds allocated to the local area under paragraph (2)
or (3) of section 133(b) for such strategy for the following
fiscal year if the local board can demonstrate to the
Governor the performance improvements achieved through the
use of such strategy;'';
(B) in clause (vii)--
(i) in subclause (II), by striking ``and'' at the end;
(ii) in subclause (III), by inserting ``and'' at the end;
and
(iii) by adding at the end the following:
``(IV) to strengthen, through professional development
activities, the knowledge and capacity of staff to use the
latest digital technologies, tools, and strategies to deliver
high quality services and outcomes for jobseekers, workers,
and employers;'';
(C) in clause (ix)(II)--
(i) in item (cc), by striking ``and'' at the end;
(ii) in item (dd), by inserting ``and'' at the end; and
(iii) by adding at the end the following:
``(ee) technical assistance or other support to employers
seeking to implement skills-based hiring practices, which may
include technical assistance on the use and validation of
employment assessments, including competency-based
assessments developed or identified by the State pursuant to
paragraph (2)(B)(vii), and support in the creation of skills-
based job descriptions;'';
(D) in clause (xi), by striking ``and'' at the end;
(E) in clause (xii), by striking the period at the end and
inserting a semicolon; and
(F) by adding at the end the following:
``(xiii) the use of competency-based assessments for
individuals upon initial assessment of skills (pursuant to
subsection (c)(2)(A)(iii)) or completion of training services
or other learning experiences; and
``(xiv) the development of partnerships between educational
institutions (including area career and technical education
schools, local educational agencies, and institutions of
higher education) and employers to create or improve
workforce development programs to address the identified
education and skill needs of the workforce and the employment
needs of employers in a region, as determined based on the
most recent analysis conducted by the local board under
section 107(d)(2).''.
(2) Incumbent worker training programs.--
(A) In general.--Section 134(d)(4)(A) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(d)(4)(A)) is
amended--
(i) in clause (i), by striking ``20'' and inserting ``30'
''
(ii) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively; and
(iii) by inserting after clause (i) the following:
``(ii) Increase in reservation of funds.--Notwithstanding
clause (i)--
``(I) with respect to a local area that had a rate of
unemployment of not more than 3 percent for not less than 6
months during the preceding program year, clause (i) shall be
applied by substituting `40 percent' for `30 percent'; or
``(II) with respect to a local area that meets the
requirement in subclause (I) and is located in a State that
had a labor force participation rate of not less than 68
percent for not less than 6 months during the preceding
program year, clause (i) shall be applied by substituting `45
percent' for `30 percent'.''.
(B) Incumbent worker upskilling accounts.--Section
134(d)(4) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3174(d)(4)) is further amended by adding at the end
the following:
``(E) Incumbent worker upskilling accounts.--
``(i) In general.--To establish incumbent worker upskilling
accounts through which an eligible provider of training
services under section 122 may be paid for the program of
training services provided to an incumbent worker, a local
board--
``(I) (aa) may use, from the funds reserved by the local
area under subparagraph (A)(i), an amount that does not
exceed 5 percent of the funds allocated to such local area
under section 133(b); or
``(bb) if the local area reserved funds under subparagraph
(A)(ii), may use, from the funds reserved by the local area
under subparagraph (A)(ii), an amount that does not exceed 10
percent of the funds allocated to such local area under
section 133(b); and
``(II) may use funds reserved under section 134(a)(2)(A)
for statewide rapid response activities and provided by the
State to local area to establish such accounts.
``(ii) Eligibility.--
``(I) In general.--Subject to subclause (II), a local board
that seeks to establish incumbent worker upskilling accounts
under clause (i) shall establish criteria for determining the
eligibility of an incumbent worker to receive such an
account, which shall take into account factors of--
``(aa) the wages of the incumbent worker as of the date of
determining such worker's eligibility under this clause;
``(bb) the career advancement opportunities for the
incumbent worker in the occupation of such worker as of such
date; and
``(cc) the ability of the incumbent worker to, upon
completion of the program of training services selected by
such worker, secure employment in an in-demand industry or
occupation in the local area that will lead to economic self-
sufficiency and wages higher than the current wages of the
incumbent worker.
``(II) Limitation.--
``(aa) In general.--An incumbent worker described in item
(bb) shall be ineligible to receive an incumbent worker
upskilling account under this subparagraph.
``(bb) Ineligibility.--Item (aa) shall apply to an
incumbent worker--
``(AA) whose total annual wages for the most recent year
are greater than the median household income of the State; or
``(BB) who has earned a baccalaureate or professional
degree.
``(iii) Cost sharing for certain incumbent workers.--With
respect to an incumbent worker determined to be eligible to
receive an incumbent worker upskilling account who is not a
low-income individual--
[[Page H2207]]
``(I) such incumbent worker shall pay not less than 25
percent of the cost of the program of training services
selected by such worker; and
``(II) funds provided through the incumbent worker
upskilling account established for such worker shall cover
the remaining 75 percent of the cost of the program.''.
CHAPTER 4--AUTHORIZATION OF APPROPRIATIONS
SEC. 145. AUTHORIZATION OF APPROPRIATIONS.
Section 136 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3181) is amended to read as follows:
``SEC. 136. AUTHORIZATION OF APPROPRIATIONS.
``(a) Youth Workforce Investment Activities.--There are
authorized to be appropriated to carry out the activities
described in section 127(a) $976,573,900 for each of the
fiscal years 2025 through 2030.
``(b) Adult Employment and Training Activities.--There are
authorized to be appropriated to carry out the activities
described in section 132(a)(1) $912,218,500 for each of the
fiscal years 2025 through 2030.
``(c) Dislocated Worker Employment and Training
Activities.--There are authorized to be appropriated to carry
out the activities described in section 132(a)(2)
$1,451,859,000 for each of the fiscal years 2025 through
2030.''.
Subtitle D--Job Corps
SEC. 151. PURPOSES.
Section 141 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3191) is amended by striking ``centers'' each
place it appears and inserting ``campuses''.
SEC. 152. DEFINITIONS.
Section 142 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3192) is amended--
(1) in paragraphs (1), (7), (8), and (10), by striking
``center'' each place it appears and inserting ``campus'';
and
(2) in paragraph (7), by striking ``center'' in the header
and inserting ``campus''.
SEC. 153. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
Section 144 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3194) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``21'' and inserting ``24'';
(ii) by amending subparagraph (A) to read as follows:
``(A) an individual who is age 16 or 17 shall be eligible
only upon an individual determination by the director of a
Job Corps campus that such individual meets the criteria
described in subparagraph (A) or (B) of section 145(b)(1);
and''; and
(iii) in subparagraph (B), by striking ``either'';
(B) in paragraph (2), by inserting after ``individual'' the
following: ``or a resident of a qualified opportunity zone as
defined in section 1400Z-1(a) of the Internal Revenue Code of
1986''; and
(C) in paragraph (3), by amending subparagraph (A) to read
as follows:
``(A) Has foundational skill needs.'';
(2) in subsection (b), by inserting after ``a veteran'' the
following: ``or a member of the Armed Forces eligible for
preseparation counseling of the Transition Assistance Program
under section 1142 of title 10, United States Code''; and
(3) by inserting at the end the following:
``(c) Special Rule for Homeless and Foster Youth.--In
determining whether an individual is eligible to enroll for
services under this subtitle on the basis of being an
individual who is a homeless child or youth, or a youth in
foster care, as described in subsection (a)(3)(C), staff
shall--
``(1) if determining whether the individual is a homeless
child or youth, use a process that is in compliance with the
requirements of subsection (a) of section 479D of the Higher
Education Act of 1965, as added by section 702(l) of the
FAFSA Simplification Act (Public Law 116-260), for financial
aid administrators; and
``(2) if determining whether the individual is a youth in
foster care, use a process that is in compliance with the
requirements of subsection (b) of such section 479D of the
Higher Education Act of 1965, as added by section 702(l) of
the FAFSA Simplification Act (Public Law 116-260), for
financial aid administrators.''.
SEC. 154. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT
OF ENROLLEES.
Section 145 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3195) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending subparagraph (A) to read as follows:
``(A) prescribe procedures for--
``(i) administering drug tests to enrollees; and
``(ii) informing such enrollees that drug tests will be
administered;'';
(ii) in subparagraph (D), by striking ``and'';
(iii) in subparagraph (E), by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(F) assist applicable one-stop centers and other entities
identified in paragraph (3) in developing joint applications
for Job Corps, YouthBuild, and the youth activities described
in section 129.''; and
(B) by adding at the end the following:
``(6) Drug test procedures.--The procedures prescribed
under paragraph (2)(A)(i) shall require that--
``(A) each enrollee take a drug test not more than 48 hours
after such enrollee arrives on campus;
``(B) if the result of the drug test taken by an enrollee
pursuant to subparagraph (A) is positive, the enrollee take a
subsequent drug test at the earliest appropriate time
(considering the substance and potency levels identified in
the initial test) to determine if the enrollee has continued
to use drugs since arriving on campus, the results of which
must be received not later than 50 days after the enrollee
arrived on campus; and
``(C) if the result of the subsequent test administered
under subparagraph (B) is positive, the enrollee be
terminated from the program and referred to a substance use
disorder treatment program.''; and
(2) in subsections (b), (c), and (d)--
(A) by striking ``center'' each place it appears and
inserting ``campus''; and
(B) by striking ``centers'' each place it appears and
inserting ``campus''.
SEC. 155. JOB CORPS CAMPUSES.
Section 147 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3197) is amended--
(1) in the header, by striking ``centers'' and inserting
``campuses'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``center'' each place it appears and
inserting ``campus''; and
(ii) in subparagraph (A), by inserting after ``area career
and technical education school,'' the following: ``an
institution of higher education,'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``center'' each place it appears and
inserting ``campus''; and
(II) by inserting after ``United States Code,'' the
following: ``and paragraph (2)(C)(iii) of section 159(f),'';
and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``operate a Job Corps center'' and
inserting ``operate a Job Corps campus'';
(bb) by striking subclause (IV);
(cc) by redesignating subclauses (I), (II), (III), and (V),
as subclauses (III), (IV), (V), and (VI), respectively;
(dd) by inserting before subclause (III), as so
redesignated, the following:
``(I) (aa) in the case of an entity that has previously
operated a Job Corps campus, a numeric metric of the past
achievement on the primary indicators of performance for
eligible youth described in section 116(b)(2)(A)(ii); or
``(bb) in the case of an entity that has not previously
operated a Job Corps campus, an alternative numeric metric on
the past effectiveness of the entity in successfully
assisting at-risk youth to connect to the labor force, based
on such primary indicators of performance for eligible youth;
``(II) in the case of an entity that has previously
operated a Job Corps campus, any information regarding the
entity included in any report developed by the Office of
Inspector General of the Department of Labor;'';
(ee) in subclauses (III) and (IV), as so redesignated, by
striking ``center'' each place it appears and inserting
``campus'';
(ff) in subclause (V), as so redesignated, by striking
``center is located'' and inserting ``campus is located,
including agreements to provide off-campus work-based
learning opportunities aligned with the career and technical
education provided to enrollees''; and
(gg) by amending subclause (VI), as so redesignated, to
read as follows:
``(VI) the ability of the entity to implement an effective
behavior management plan, as described in section 152(a), and
maintain a safe and secure learning environment for
enrollees.''; and
(II) in clause (ii), by striking ``center'' and inserting
``campus'';
(C) in paragraph (3)--
(i) by striking ``center'' each place it appears and
inserting ``campus'';
(ii) in subparagraph (D), by inserting after ``is located''
the following: ``, including agreements to provide off-campus
work-based learning opportunities aligned with the career and
technical education provided to enrollees'';
(iii) by redesignating subparagraphs (E), (F), (G), (H),
(I), (J), and (K) as subparagraphs (F), (G), (H), (I), (J),
(K), and (L), respectively; and
(iv) by inserting after subparagraph (D) the following:
``(E) A description of the policies that will be
implemented at the campus regarding security and access to
campus facilities, including procedures to report on and
respond to criminal actions and other emergencies occurring
on campus.'';
(3) in subsection (b)--
(A) in the header, by striking ``Centers'' and inserting
``Campuses'';
(B) by striking ``center'' each place it appears and
inserting ``campus'';
(C) by striking ``centers'' each place it appears and
inserting ``campuses'';
(D) in paragraph (2)(A), by striking ``20 percent'' and
inserting ``25 percent''; and
(E) by striking paragraph (3);
(4) in subsection (c)--
(A) by striking ``centers'' and inserting ``campuses''; and
(B) by striking ``20 percent'' and inserting ``30
percent'';
(5) in subsection (d) by striking ``centers'' each place it
appears and inserting ``campuses'';
(6) in subsection (e)(1), by striking ``centers'' and
inserting ``campuses'';
[[Page H2208]]
(7) in subsection (f), by striking ``2-year period'' and
inserting ``3-year period''; and
(8) in subsection (g)--
(A) by striking ``center'' each place it appears and
inserting ``campus'';
(B) in paragraph (1)--
(i) by striking subparagraph (A);
(ii) by redesignating subparagraph (B) as subparagraph (A);
(iii) by amending subparagraph (A), as so redesignated--
(I) by striking ``50 percent'' and inserting ``80
percent''; and
(II) by striking the period at the end and inserting ``;
or''; and
(iv) by inserting after subparagraph (A), as so
redesignated and amended, the following:
``(B) failed to achieve an average of 80 percent of the
level of enrollment that was agreed to in the agreement
described in subsection (a)(1)(A).'';
(C) in paragraph (3) by striking ``shall provide'' and
inserting ``shall provide, at least 30 days prior to renewing
the agreement''; and
(D) in paragraph (4)--
(i) in subparagraph (C), by striking ``and'' after the
semicolon;
(ii) by redesignating subparagraph (D) as subparagraph (E);
and
(iii) by inserting after subparagraph (C) the following:
``(D) has maintained a safe and secure campus environment;
and''.
SEC. 156. PROGRAM ACTIVITIES.
Section 148 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3198) is amended--
(1) in subsection (a)--
(A) by striking ``center'' and inserting ``campus'';
(B) in paragraph (1), by inserting before the period at the
end the following: ``, and productive activities, such as
tutoring or other skills development opportunities, for
enrollees to participate in outside of regular class time and
work hours in order to increase supervision of enrollees and
reduce behavior infractions''; and
(2) in subsection (c)--
(A) by striking ``centers'' each place it appears and
inserting ``campuses''; and
(B) in paragraph (1)--
(i) by striking ``the eligible providers'' and inserting
``any eligible provider''; and
(ii) by inserting after ``under section 122'' the
following: ``that is aligned with the career and technical
education an enrollee has completed''.
SEC. 157. SUPPORT.
Section 150 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3200) is amended--
(1) in subsection (a), by striking ``centers'' and
inserting ``campuses''; and
(2) by adding at the end the following:
``(d) Period of Transition.--Notwithstanding the
requirements of section 146(b), a Job Corps graduate may
remain an enrollee and a resident of a Job Corps campus for
not more than one month after graduation as such graduate
transitions into independent living and employment if such
graduate--
``(1) has not had a behavioral infraction in the 90 days
prior to graduation; and
``(2) receives written approval from the director of the
Job Corps campus to remain such a resident.''.
SEC. 158. OPERATIONS.
Section 151 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3201) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus''; and
(2) by adding at the end the following:
``(d) Local Authority.--
``(1) In general.--Subject to the limitations of the budget
approved by the Secretary for a Job Corps campus, the
operator of a Job Corps campus shall have the authority,
without prior approval from the Secretary, to--
``(A) hire staff and provide staff professional
development;
``(B) set terms and enter into agreements with Federal,
State, or local educational partners, such as secondary
schools, institutions of higher education, child development
centers, units of Junior Reserve Officer Training Corps
programs established under section 2031 of title 10, United
States Code, or employers; and
``(C) engage with and educate stakeholders about Job Corps
operations and activities.
``(2) Limitation of liability.--In the case of an agreement
described in paragraph (1)(B) that does not involve the Job
Corps operator providing monetary compensation to the entity
involved in such agreement from the funds made available
under this subtitle, such agreement shall not be considered a
subcontract (as defined in section 8701 of title 41, United
States Code).
``(e) Prior Notice.--Prior to making a change to the
agreement described in section 147(a) or an operating plan
described in this section, the Secretary shall solicit from
the operators of the Job Corps campuses information on any
operational costs the operators expect to result from such
change.''.
SEC. 159. STANDARDS OF CONDUCT.
Section 152 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3202) is amended--
(1) by striking ``centers'' each place it appears and
inserting ``campuses'';
(2) in subsection (a), by inserting ``As part of the
operating plan required under section 151(a), the director of
each Job Corps campus shall develop and implement a behavior
management plan consistent with the standards of conduct and
subject to the approval of the Secretary.'' at the end; and
(3) in subsection (b)(2)(A), by striking ``or disruptive'';
(4) by amending subsection (c) to read as follows:
``(c) Appeal Process.--
``(1) Enrollee appeals.--A disciplinary measure taken by a
director under this section shall be subject to expeditious
appeal in accordance with procedures established by the
Secretary.
``(2) Director appeals.--
``(A) In general.--The Secretary shall establish an appeals
process under which the director of a Job Corps campus may
submit a request that an enrollee who has engaged in an
activity which is a violation of the guidelines established
pursuant to subsection (b)(2)(A) remain enrolled in the
program, but be subject to other disciplinary actions.
``(B) Contents.--An request under paragraph (A) shall
include--
``(i) a signed certification from the director attesting
that, to the belief of the director, the continued enrollment
of such enrollee would not impact the safety or learning
environment of the campus; and
``(ii) the behavioral records of such enrollee.
``(C) Timeline.--The Secretary shall review such appeal and
either approve or deny the appeal within 30 days of receiving
such appeal.
``(D) Ineligibility for appeal.--The Secretary shall reject
an appeal made by a director of a Job Corps campus if such
campus has been found out of compliance with the requirements
under subsection (d) at any time during the previous 5
years.''; and
(5) by adding at the end the following:
``(d) Incident Reporting.--
``(1) In general.--The Secretary shall require that the
director of a Job Corps campus report to the appropriate
regional office--
``(A) not later than 2 hours after the campus management
becomes aware of the occurrence of--
``(i) an enrollee or on-duty staff death;
``(ii) any incident--
``(I) requiring law enforcement involvement;
``(II) involving a missing minor student; or
``(III) where substantial property damage has occurred; or
``(iii) a level 1 infraction;
``(B) in the case of a level 2 infraction, on a quarterly
basis, including the number and type of such infractions that
occurred during such time period; and
``(C) in the case of a minor infraction, as determined
necessary by the Secretary.
``(2) Infractions defined.--In this subsection:
``(A) Level 1 infraction.--The term `level 1 infraction'
means an activity described in subsection (b)(2)(A).
``(B) Level 2 infraction.--The term `level 2 infraction'
means an activity, other than a level 1 infraction,
determined by the Secretary to be a serious infraction.
``(C) Minor infraction.--The term `minor infraction' means
an activity, other than a level 1 or 2 infraction, determined
by the Secretary to be an infraction.
``(3) Law enforcement agreements.--The director of each Job
Corps campus shall enter into an agreement with the local law
enforcement agency with jurisdiction regarding procedures for
the prompt reporting and investigation of potentially illegal
activity on Job Corps campuses.''.
SEC. 160. COMMUNITY PARTICIPATION.
Section 153 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3203) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus'';
(2) by striking ``centers'' each place it appears and
inserting ``campuses''; and
(3) in subsection (c), in the heading, by striking
``Centers'' and inserting ``Campuses''.
SEC. 161. WORKFORCE COUNCILS.
Section 154 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3204) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus'';
(2) in subsection (d), in the heading, by striking ``New
Centers'' and inserting ``New Campuses''.
SEC. 162. ADVISORY COMMITTEES.
Section 155 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3205) is amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary'';
(2) by striking ``centers'' and inserting ``campuses''
(3) by striking ``center'' and inserting ``campus''; and
(4) by adding at the end the following:
``(b) Advisory Committee to Improve Job Corps Safety.--Not
later than 6 months after the date of enactment of the A
Stronger Workforce for America Act, the Secretary shall
establish an advisory committee to provide recommendations on
effective or evidence-based strategies to improve--
``(1) safety, security, and learning conditions on Job
Corps campuses; and
``(2) the standards for campus safety established under
section 159(c)(4).''.
SEC. 163. EXPERIMENTAL PROJECTS AND TECHNICAL ASSISTANCE.
Section 156 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3206) is amended--
(1) by striking ``center'' and inserting ``campus'';
[[Page H2209]]
(2) by striking ``centers'' and inserting ``campuses'';
(3) by redesignating subsection (b) as subsection (c);
(4) by inserting the following after subsection (a):
``(b) Job Corps Scholars.--
``(1) In general.--The Secretary may award grants, on a
competitive basis, to institutions of higher education to
enroll cohorts of Job Corps eligible youth in Job Corps
Scholars activities for a 24-month period and pay the tuition
and necessary costs for enrollees for such period.
``(2) Activities.--Job Corps Scholar activities shall
include--
``(A) intensive counseling services and supportive
services;
``(B) a 12-month career and technical education component
aligned with in-demand industries and occupations in the
State where the institution of higher education that is
receiving the grant is located; and
``(C) a 12-month employment placement period that follows
the component described in subparagraph (B).
``(3) Performance data.--The Secretary shall collect
performance information from institutions of higher education
receiving grants under this subsection on the primary
indicators of performance for eligible youth described in
section 116(b)(2)(A)(ii), the cost per participant and cost
per graduate, and other information as necessary to evaluate
the success of Job Corps Scholars grantees in improving
outcomes for at-risk youth.
``(4) Evaluation.--At the end of each 2-year period for
which the Secretary awards grants under this subsection, the
Secretary shall provide for an independent, robust evaluation
that compares--
``(A) the outcomes achieved by Job Corps Scholars
participants with the outcomes achieved by other participants
in the Job Corps program during such 2-year period; and
``(B) the costs of the Job Corps Scholars programs with the
costs of other Job Corps programs during such 2-year
period.''; and
(5) in subsection (c)(1), as so redesignated, is amended by
striking ``and'' at the end of subparagraph (C) and by adding
at the end the following:
``(D) in the development and implementation of a behavior
management plan under section 152(a); and
``(E) maintaining a safe and secure learning environment;
and''.
SEC. 164. SPECIAL PROVISIONS.
Section 158 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3208) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus''; and
(2) in subsection (f)--
(A) by striking ``may accept on behalf of the Job Corps or
individual Job Corps centers charitable donations of cash''
and inserting ``, on behalf of the Job Corps, or a Job Corps
campus operator, on behalf of such campus, may accept grants,
charitable donations of cash,''; and
(B) by inserting at the end the following:
``Notwithstanding sections 501(b) and 522 of title 40, United
States Code, any property acquired by a Job Corps campus
shall be directly transferred, on a nonreimbursable basis, to
the Secretary.''.
SEC. 165. MANAGEMENT INFORMATION.
(a) Levels of Performance.--Section 159 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3209) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''.
(ii) by inserting ``that are ambitious yet achievable and''
after ``program''; and
(iii) by adding at the end the following new subparagraphs:
``(B) Levels of performance.--In establishing the expected
performance levels under subparagraph (A) for a Job Corps
campus, the Secretary shall take into account--
``(i) how the levels involved compare with the recent
performance of such campus and the performance of other
campuses within the same State or geographic region;
``(ii) the levels of performance set for the primary
indicators of performance for eligible youth described in
section 116(b)(2)(A)(ii) for the State in which the campus is
located;
``(iii) the differences in actual economic conditions
(including differences in unemployment rates and job losses
or gains in particular industries) between the local area of
such campus and other local areas with a campus; and
``(iv) the extent to which the levels involved promote
continuous improvement in performance on the primary
indicators of performance by such campus and ensure optimal
return on the use of Federal funds.
``(C) Performance per contract.--The Secretary shall ensure
the expected levels of performance are established in the
relevant contract or agreement.
``(D) Revisions based on economic conditions and
individuals served during the program year.--
``(i) In general.--In the event of a significant economic
downturn, the Secretary may revise the applicable adjusted
levels of performance for each of the campuses for a program
year to reflect the actual economic conditions during such
program year.
``(ii) Report to congress.--Prior to implementing the
revisions described in clause (i), the Secretary shall submit
to the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report explaining the
reason for such revisions.
``(E) Review of performance levels.--The Office of
Inspector General of the Department of Labor shall, every 5
years, submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, and publish in
the Federal Register and on a publicly available website of
the Department, a report containing--
``(i) a quadrennial review of the expected levels of
performance; and
``(ii) an evaluation of whether--
``(I) the Secretary is establishing such expected levels of
performance in good faith; and
``(II) such expected levels have led to continued
improvement of the Job Corps program.'';
(B) by redesignating paragraph (4) as paragraph (5);
(C) by inserting after paragraph (3) the following:
``(4) Campus safety.--
``(A) In general.--The Secretary shall establish campus and
student safety standards. A Job Corps campus failing to
achieve such standards shall be required to take the
performance improvement actions described in subsection (f).
``(B) Considerations.--In establishing the campus and
student safety standards under subparagraph (A), the
Secretary shall take into account--
``(i) incidents reported under section 152(d);
``(ii) survey data from enrollees, faculty, staff, and
community members; and
``(iii) any other considerations identified by the
Secretary after reviewing the recommendations of the advisory
group described in section 155(b).'';
(D) in paragraph (5), as so redesignated--
(i) in subparagraph (A), by striking ``and'' at the end;
(ii) in subparagraph (B), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(C) the number of contracts that were awarded a renewal
compared to those eligible for a renewal;
``(D) the number of campuses where the contract was awarded
to a new operator; and
``(E) the number of campuses that were required to receive
performance improvement, as described under subsection
(f)(2), including whether any actions were taken as described
in subparagraphs (B) and (C) of such subsection.''; and
(E) by adding at the end the following:
``(6) Wage records.--The Secretary shall make arrangements
with a State or other appropriate entity to facilitate the
use of State wage records to evaluate the performance of Job
Corps campuses on the employment and earnings indicators
described in clause (i)(III) of subparagraph (A) of section
116(b)(2)(A) and subclauses (I) and (II) of clause (ii) of
such subparagraph for the purposes of the report required
under paragraph (5).'';
(3) in subsection (d)(1)--
(A) by inserting ``and make available on the website of the
Department pertaining to the Job Corps program in a manner
that is consumer-tested to ensure it is easily understood,
searchable, and navigable,'' after ``subsection (c)(4),'';
(B) in subparagraph (B), by striking ``gender'' and
inserting ``sex'';
(C) by redesignating subparagraphs (J) through (O) as
subparagraphs (K) through (P), respectively; and
(D) by inserting the following after subparagraph (I):
``(J) the number of appeals under section 152(c) and a
description of each appeal that was approved;''; and
(4) in subsection (g)(2), by striking ``comply'' and
inserting ``attest to compliance''.
(b) Performance Assessments and Improvements.--Section
159(f) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3209) is amended to read as follows:
``(f) Performance Assessments and Improvements.--
``(1) Assessments.--The Secretary shall conduct an annual
assessment of the performance of each Job Corps campus on the
primary indicators of performance described in section
116(b)(2)(A)(ii), where each indicator shall be given equal
weight in determining the overall performance of the campus.
Based on the assessment, the Secretary shall take measures to
continuously improve the performance of the Job Corps
program.
``(2) Performance improvement.--
``(A) Initial failure.--With respect to a Job Corps campus
that fails to meet an average of 90 percent on the expected
levels of performance across all the primary indicators of
performance specified in subsection (c)(1) or is ranked among
the lowest 10 percent of Job Corps campuses, the Secretary
shall, after each program year of such performance failure,
develop and implement a performance improvement plan for such
campus. Such a plan shall require action to be taken during a
1-year program year period, which shall include providing
technical assistance to the campus.
``(B) Repeat failure.--With respect to a Job Corps campus
that, for two consecutive program years, fails to meet an
average of 85 percent on the expected levels of performance
across all the primary indicators of performance or is ranked
among the lowest 10
[[Page H2210]]
percent of Job Corps campuses, the Secretary shall take
substantial action to improve the performance of such campus,
which shall include--
``(i) changing the management staff of the campus;
``(ii) changing the career and technical education and
training offered at the campus;
``(iii) replacing the operator of the campus; or
``(iv) reducing the capacity of the campus.
``(C) Chronic failure.--With respect to a Job Corps campus
that, for the two consecutive program years immediately
following the Secretary taking substantial performance action
under subparagraph (B), fails to meet an average of 85
percent on the expected levels of performance across all the
primary indicators or is ranked among the lowest 10 percent
of Job Corps campuses, the Secretary shall take further
substantial action to improve the performance of such campus,
which shall include--
``(i) relocating the campus;
``(ii) closing the campus; or
``(iii) awarding funding directly to the State in which the
campus is located for operation of the campus, and for which
the Secretary shall enter into a memorandum of understanding
with such State for purposes of operating the campus in its
current location and may encourage innovation in such
memorandum of understanding by waiving any statutory or
regulatory requirement of this subtitle except for those
related to participant eligibility under section 144,
standards of conduct under section 152, and performance
reporting and accountability under this section.
``(3) Additional performance improvement.--In addition to
the performance improvement plans required under paragraph
(2), the Secretary may develop and implement additional
performance improvement plans for a Job Corps campus that
fails to meet criteria established by the Secretary other
than the expected levels of performance described in
subsection (c)(1).
``(4) Civilian conservation centers.--With respect to a
Civilian Conservation Center that, for 3 consecutive program
years, fails to meet an average of 90 percent of the expected
levels of performance across all the primary indicators of
performance specified in subsection (c)(1), the Secretary of
Labor or, if appropriate, the Secretary of Agriculture shall
select, on a competitive basis, an entity to operate part or
all of the Civilian Conservation Center in accordance with
the requirements of section 147.''.
(c) Conforming Amendments.--Section 159 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3209) is further
amended--
(1) by striking ``centers'' each place it appears and
inserting ``campuses''; and
(2) in subsection (g)(1), in the header, by striking
``Center'' and inserting ``Campus''.
SEC. 166. JOB CORPS OVERSIGHT AND REPORTING.
Section 161 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3211) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Report on Implementation of Recommendations.--The
Secretary shall, on an annual basis, prepare and submit to
the appropriate committees a report regarding the
implementation of all outstanding recommendations from the
Office of Inspector General of the Department of Labor or the
Government Accountability Office.''.
SEC. 167. AUTHORIZATION OF APPROPRIATIONS.
Section 162 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3212) is amended to read as follows:
``SEC. 162. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subtitle $1,760,155,000 for each of the fiscal years 2025
through 2030.''.
Subtitle E--National Programs
SEC. 171. NATIVE AMERICAN PROGRAMS.
Section 166 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3221) is amended--
(1) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``and'';
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by inserting at the end the following:
``(C) are evidence-based, to the extent practicable.'';
(2) in subsection (d)(2)--
(A) by redesignating subparagraph (B) as subparagraph (C);
and
(B) by inserting after subparagraph (A) the following:
``(B) Administrative costs.--Not more than 10 percent of
the funds provided to an entity under this section may be
used for the administrative costs of the activities and
services carried out under subparagraph (A).'';
(3) in subsection (h), by inserting after paragraph (2) the
following:
``(3) Wage records.--The Secretary shall make arrangements
with a State or other appropriate entity to facilitate the
use of State wage records to evaluate the performance of
entities funded under this section on the employment and
earnings indicators described in subclauses (I) through (III)
of section 116(b)(2)(A)(i) for the purposes of the report
required under paragraph (4).
``(4) Performance results.--For each program year, the
Secretary shall make available on a publicly accessible
website of the Department a report on the performance, during
such program year, of entities funded under this section on--
``(A) the primary indicators of performance described in
section 116(b)(2)(A);
``(B) any additional indicators established under paragraph
(1)(A); and
``(C) the adjusted levels of performance for such entities
as described in paragraph (2).'';
(4) in subsection (i)--
(A) in paragraph (3)(A), by striking ``and judicial
review.'' and inserting ``judicial review, and performance
accountability pertaining to the primary indicators of
performance described in section 116(b)(2)(A).''; and
(B) in paragraph (4)(B)--
(i) by striking ``The Council'' and inserting the
following:
``(i) In general.--The Council''; and
(ii) by inserting at the end the following:
``(ii) Vacancies.--An individual appointed to fill a
vacancy on the Council occurring before the expiration of the
term for which the predecessor of such individual was
appointed shall be appointed only for the remainder of that
term. Such an individual may serve on the Council after the
expiration of such term until a successor is appointed.'';
and
(5) by amending subsection (k)(2) to read as follows:
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$542,000 for each of the fiscal years 2025 through 2030.''.
SEC. 172. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
Section 167 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3222) is amended--
(1) in subsection (c), by adding at the end the following:
``(5) Wage records.--The Secretary shall make arrangements
with a State or other appropriate entity to facilitate the
use of State wage records to evaluate the performance of
entities funded under this section on the employment and
earnings indicators described in subclauses (I) through (III)
of section 116(b)(2)(A)(i) for the purposes of the report
required under paragraph (4).
``(6) Performance results.--For each program year, the
Secretary shall make available on a publicly accessible
website of the Department a report on the performance, during
such program year, of entities funded under this section on--
``(A) the primary indicators of performance described in
section 116(b)(2)(A); and
``(B) the adjusted levels of performance for such entities
as described in paragraph (3).'';
(2) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (f), (g), (h), (i), and (j), respectively;
(3) by inserting after subsection (d) the following:
``(e) Administrative Costs.--Not more than 10 percent of
the funds provided to an entity under this section may be
used for the administrative costs of the activities and
services carried out under subsection (d).''; and
(4) in subsection (i), as so redesignated, to read as
follows:
``(i) Funding Allocation; Funding Obligation.--
``(1) Funding allocation.--From the funds appropriated and
made available to carry out this section, the Secretary shall
reserve not more than 1 percent for discretionary purposes,
such as providing technical assistance to eligible entities.
``(2) Funding obligation.--
``(A) In general.--Funds appropriated and made available to
carry out this section for any fiscal year may be obligated
by the Secretary during the period beginning on April 1 of
the calendar year that begins during such fiscal year and
ending on June 30 of the following calendar year to be made
available to an entity described in subsection (b) for the
period described in subparagraph (B).
``(B) Obligated amount.--Funds made available under this
section for a fiscal year to any entity described in
subsection (b) may be spent or reserved for spending by such
entity during the period beginning on July 1 of the calendar
year that begins during such fiscal year, and ending on June
30 of the following calendar year.''.
SEC. 173. TECHNICAL ASSISTANCE.
(a) General Technical Assistance.--Section 168(a)(1) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3223(a)(1)) is amended--
(1) by striking ``appropriate training, technical
assistance, staff development'' and inserting ``appropriate
education, technical assistance, professional development for
staff'';
(2) in subparagraphs (B), (C), and (D), by striking
``training'' each place it appears and inserting
``professional development'';
(3) by redesignating subparagraphs (G) and (H) as
subparagraphs (J) and (K), respectively; and
(4) by inserting after subparagraph (F) the following:
``(G) assistance to the one-stop delivery system and the
Employment Service established under the Wagner-Peyser Act
for the integration of basic career service activities
pursuant to section 134(c)(2)(A);
``(I) assistance to States with maintaining, and making
accessible to jobseekers and employers, the lists of eligible
providers of training services required under section 122;
``(H) assistance to States that apply for such assistance
under section 122(k) for the purposes described in such
subsection;''.
(b) Performance Accountability Technical Assistance.--
Section 168(b) of the
[[Page H2211]]
Workforce Innovation and Opportunity Act (29 U.S.C. 3223(b))
is amended--
(1) in the header, by striking ``Dislocated Worker'' and
inserting ``Performance Accountability''; and
(2) in paragraph (1), in the first sentence--
(A) by inserting ``, pursuant to paragraphs (1) and (2) of
section 116(f),'' after ``technical assistance''; and
(B) by striking ``with respect to employment and training
activities for dislocated workers'' and inserting ``with
respect to the core programs''.
(c) Communities Impacted by Opioid Use Disorders.--Section
168 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3223) is further amended by adding at the end the
following:
``(d) Communities Impacted by Opioid Use Disorders.--The
Secretary shall, as part of the activities described in
subsection (c)(2), evaluate and disseminate to States and
local areas information regarding evidence-based and
promising practices for addressing the economic workforce
impacts associated with high rates of opioid use disorders,
which information shall--
``(1) be updated annually to reflect the most recent and
available research; and
``(2) include information--
``(A) shared by States and local areas regarding effective
practices for addressing such impacts; and
``(B) on how to apply for any funding that may be available
under section 170(b)(1)(E).''.
SEC. 174. EVALUATIONS AND RESEARCH.
(a) In General.--Section 169 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3224) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (E), by inserting ``and'' at the end;
(ii) in subparagraph (F), by striking ``; and'' at the end
and inserting a period; and
(iii) by striking subparagraph (G);
(B) in paragraph (3)--
(i) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(ii) by adding at the end the following new subparagraph:
``(B) Limitation.--The Secretary may not use the authority
described in subparagraph (A) if the evaluations required
under paragraph (1) have not been initiated or completed in
the time period required.''; and
(C) in paragraph (4), by striking ``2019'' and inserting
``2028''; and
(2) in subsection (b)--
(A) by amending paragraph (4) to read as follows:
``(4) Studies and reports.--
``(A) Study on employment conditions.--The Secretary, in
coordination with other heads of Federal agencies, as
appropriate, may conduct a study examining the nature of
participants' unsubsidized employment after exit from
programs carried out under this Act, including factors such
as availability of paid time off, health and retirement
benefits, workplace safety standards, predictable and stable
work schedule, stackable credentials, and advancement
opportunities.
``(B) Study on improving workforce services for individuals
with disabilities.--The Secretary of Labor, in coordination
with the Secretary of Education and the Secretary of Health
and Human Services, may conduct studies that analyze the
access to services by individuals with disabilities,
including whether an individual who is unable to receive
services under title IV due to a wait list for such services
is able to receive services under titles I through III.
``(C) Study on the effectiveness of pay for performance.--
The Secretary shall, not more than 4 years after the date of
enactment of A Stronger Workforce for America Act, conduct a
study that compares the effectiveness of the pay-for-
performance strategies used under sections 129, 134, and 172
after such date of enactment to the awarding of grants and
contracts under such sections as in effect on the day before
the date of enactment of such Act.
``(D) Study on individual training accounts for dislocated
workers.--The Secretary shall, not more than 4 years after
the date of enactment of the A Stronger Workforce for America
Act, conduct a study that compares the usage of Individual
Training Accounts for dislocated workers after such date of
enactment to the usage of such accounts prior to such date of
enactment, including--
``(i) the types of training services and occupations
targeted by dislocated workers when using their Individual
Training Accounts; and
``(ii) the effectiveness of such skills development.
``(E) Study on statewide critical industry skills funds.--
The Secretary shall, not more than 4 years after the date of
enactment of the A Stronger Workforce for America Act,
conduct a study that will review the usage of statewide
critical industry skills funds established by States under
section 134(a)(4) and identify, for purposes of measuring the
overall effectiveness of the program--
``(i) the industries targeted by such Funds;
``(ii) the occupations workers are being upskilled for;
``(iii) how frequently skills development is provided to
prospective workers and incumbent workers, and
``(iv) the reported performance outcomes.
``(F) Study on the effectiveness of employer-based
training.--The Secretary shall, not more than 4 years after
the date of enactment of the A Stronger Workforce for America
Act, conduct a study that measures the effectiveness of on-
the-job training, employer-directed skills training,
apprenticeship, and incumbent worker training under this
title in preparing jobseekers and workers, including those
with barriers to employment, for unsubsidized employment.
Such study shall include the cost per participant and wage
and employment outcomes, as compared to other methods of
training.
``(G) Reports.--The Secretary shall prepare and disseminate
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the Workforce
of the House of Representatives, and on the publicly
available website of the Department, reports containing the
results of the studies conducted under this paragraph.''; and
(B) in paragraph (5), by adding at the end the following:
``(C) Evaluation of grants.--
``(i) In general.--For each grant or contract awarded under
this paragraph, the Secretary shall conduct a rigorous
evaluation of the multistate project to determine the impact
of the activities supported by the project, including the
impact on the employment and earnings of program
participants.
``(ii) Report.--The Secretary shall prepare and disseminate
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the Workforce
of the House of Representatives, and to the public, including
through electronic means, reports containing the results of
evaluations conducted under this subparagraph.''.
(b) Workforce Data Quality Initiative.--Section 169 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3224) is
further amended by adding at the end the following:
``(d) Workforce Data Quality Initiative.--
``(1) Grant program.--Of amount made available pursuant to
section 132(a)(2)(A) for any program year, the Secretary
shall use 5 percent of such amount, and may also use funds
authorized for purposes of carrying out this section, to
award grants to eligible entities to create workforce
longitudinal data systems and associated resources for the
purposes of strengthening program quality, building State
capacity to produce evidence for decisionmaking, meeting
performance reporting requirements, protecting privacy, and
improving transparency.
``(2) Application.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require, which shall include--
``(A) a description of the proposed activities that will be
conducted by the eligible entity, including a description of
the need for such activities and a detailed budget for such
activities;
``(B) a description of the expected outcomes and outputs
(such as systems or products) that will result from the
proposed activities and the proposed uses of such outputs;
``(C) a description of how the proposed activities will
support the reporting of performance data, including
employment and earnings outcomes, for the performance
accountability requirements under section 116, including
outcomes for eligible training providers;
``(D) a description of the methods and procedures the
eligible entity will use to ensure the security and privacy
of the collection, storage, and use of all data involved in
the systems and resources supported through the grant,
including compliance with State and Federal privacy and
confidentiality statutes and regulations; and
``(E) a plan for how the eligible entity will continue the
activities or sustain the use of the outputs created with the
grant funds after the grant period ends.
``(3) Priority.--In awarding grants under the subsection,
the Secretary shall give priority to--
``(A) eligible entities that are--
``(i) a State agency of a State that has not previously
received a grant from the Secretary for the purposes of this
subsection and demonstrates a substantial need to improve its
data infrastructure; or
``(ii) a consortium of State agencies that is comprised of
State agencies from multiple States and includes at least one
State agency described in clause (i) and has the capacity to
make significant contributions toward building interoperable,
cross-State data infrastructure; and
``(B) eligible entities that will use grant funds to--
``(i) expand the adoption and use of linked, open, and
interoperable data on credentials, including through the
development of a credential registry or other tools and
services designed to help learners and workers make informed
decisions, such as the credential navigation feature
described in section 122(d)(2);
``(ii) participate in and contribute data to a multistate
data collaborative, including data that provide participating
States the ability to better understand--
``(I) earnings and employment outcomes of individuals who
work out-of-State; and
``(II) cross-State earnings and employment trends;
``(iii) enhance collaboration with private sector workforce
and labor market data entities and the end-users of workforce
and labor
[[Page H2212]]
market data, including individuals, employers, economic
development agencies, and workforce development providers; or
``(iv) leverage the use of non-Federal contributions to
improve workforce data infrastructure, including staff
capacity building.
``(4) Use of funds.--In addition to the activities
described in paragraph (3)(B), an eligible entity awarded a
grant under this subsection may use funds to carry out any of
the following activities:
``(A) Developing or enhancing a State's workforce
longitudinal data system, including by participating and
contributing data to the State's data system, if applicable,
that links with elementary and secondary school and
postsecondary data.
``(B) Accelerating the replication and adoption of data
systems, projects, products, or practices already in use in
one or more States to other States.
``(C) Research and labor market data improvement activities
to improve the timeliness, relevance, and accessibility of
such data through pilot projects that are developed locally
but designed to scale to other regions or States.
``(D) Establishing, enhancing, or connecting to a system of
interoperable learning and employment records that provides
individuals who choose to participate in such system
ownership of a verified and secure record of their skills and
achievements and the ability to share such record with
employers and education providers.
``(E) Developing policies, guidelines, and security
measures for data collection, storing, and sharing to ensure
compliance with relevant Federal and State privacy laws and
regulations.
``(F) Increasing local board access to and integration with
the State's workforce longitudinal data system in a secure
manner.
``(G) Creating or participating in a data exchange for
collecting and using standards-based jobs and employment data
including, at a minimum, job titles or occupation codes.
``(H) Improving State and local staff capacity to
understand, use, and analyze data to improve decisionmaking
and improve participant outcomes.
``(5) Administration.--
``(A) Duration.--A grant awarded under this subsection may
be for a period of up to 3 years.
``(B) Supplement, not supplant.--Funds made available under
this subsection shall be used to supplement, and not
supplant, other Federal, State, or local funds used for
development of State data systems.
``(C) Report.--Each eligible entity that receives a grant
under this subsection shall submit a report to the Secretary
not later than 180 days after the conclusion of the grant
period on the activities supported through the grant and
improvements in the use of workforce and labor market
information that have resulted from such activities.
``(6) Definitions.--In this subsection, the term `eligible
entity' means a State agency or consortium of State agencies,
including a multistate data collaborative, that is or
includes the State agencies responsible for--
``(A) State employer wage records used by the State's
unemployment insurance programs in labor market information
reporting and analysis and for fulfilling the reporting
requirements of this Act;
``(B) the production of labor market information; and
``(C) the direct administration of one or more of the core
programs.''.
SEC. 175. NATIONAL DISLOCATED WORKER GRANTS.
Section 170 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3225) is amended--
(1) by amending subsection (a)(1) to read as follows:
``(1) Emergency or disaster.--The term `emergency or
disaster' means an emergency or a major disaster, as defined
in paragraphs (1) and (2), respectively, of section 102 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122 (1) and (2)).'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``and'' at the end;
(ii) in subparagraph (D)--
(I) in clause (i), by striking ``spouses described in
section 3(15)(E)'' and inserting ``spouses described in
subparagraph (E) of the definition of the term `dislocated
worker' in section 3''; and
(II) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(E) to an entity described in subsection (c)(1)(B) to
provide employment and training activities related to the
prevention and treatment of opioid use disorders, including
addiction treatment, mental health treatment, and pain
management, in an area that, as a result of widespread opioid
use, addiction, and overdoses, has higher-than-average demand
for such activities that exceeds the availability of State
and local resources to provide such activities.''; and
(B) by adding at the end the following:
``(3) Performance results.--The Secretary shall collect the
necessary information from each entity receiving a grant
under this section to determine the performance of such
entity on the primary indicators of performance described in
section 116(b)(2)(A)(i) and make such information available
on the publicly accessible website of the Department in a
format that does not reveal personally identifiable
information.''; and
(3) in subsection (c)--
(A) in paragraph (1)(A)--
(i) by striking ``subsection (b)(1)(A)'' and inserting
``subparagraph (A) or (E) of subsection (b)(1)''; and
(ii) by striking ``, in such manner, and containing such
information'' and inserting ``and in such manner''; and
(B) in paragraph (2)--
(i) in subparagraph (B)--
(I) in the heading, by striking ``Retraining'' and
inserting ``Reskilling''; and
(II) by striking ``retraining'' and inserting
``reskilling'';
(ii) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(iii) by inserting after subparagraph (B) the following:
``(C) Opioid-related grants.--In order to be eligible to
receive employment and training assistance under a national
dislocated worker grant awarded pursuant to subsection
(b)(1)(E), an individual shall be--
``(i) a dislocated worker;
``(ii) a long-term unemployed individual;
``(iii) an individual who is unemployed or significantly
underemployed as a result of widespread opioid use in the
area; or
``(iv) an individual who is employed or seeking employment
in a health care profession involved in the prevention and
treatment of opioid use disorders, including such professions
that provide addiction treatment, mental health treatment, or
pain management.''.
SEC. 176. YOUTHBUILD PROGRAM.
Section 171 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3226) is amended--
(1) in subsection (c)--
(A) in paragraph (1), to read as follows:
``(1) Amount of grants; reservation.--
``(A) Amount of grants.--Subject to subparagraph (B), the
Secretary is authorized to make grants to applicants for the
purpose of carrying out YouthBuild programs approved under
this section.
``(B) Reservation for rural areas and indian tribes.--
``(i) In general.--In any fiscal year in which the amount
appropriated to carry out this section is greater than
$90,000,000, the Secretary shall reserve not less than 20
percent of the amount appropriated that is in excess of
$90,000,000 and use such reserved amount to make grants to
covered applicants (in addition to any other grants that may
be awarded under this subsection for such fiscal year to
covered applicants) for the purpose of carrying out
YouthBuild programs approved under this section.
``(ii) Covered applicant defined.--In this subparagraph,
the term `covered applicant' means an applicant that--
``(I) is located in a rural area; or
``(II) is an Indian Tribe or is carrying out a YouthBuild
program approved under this section for the benefit of
members of an Indian Tribe.'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (iv)(II), by striking ``language learners''
and inserting ``learners''; and
(II) in clause (vii), by inserting after ``enable
individuals'' the following: ``, including those with
disabilities,''; and
(ii) by adding at the end the following:
``(I) Provision of meals and other food assistance to
participants in conjunction with another activity described
in this paragraph.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``such time, in such
manner, and containing such information'' and inserting
``such time and in such manner''; and
(ii) in subparagraph (B)--
(I) in the header, by striking ``Minimum requirements'' and
inserting ``Requirements'';
(II) by striking ``, at a minimum'';
(III) in clause (xx), by striking ``and'' at the end;
(IV) in clause (xxi) by striking the period at the end and
inserting ``; and''; and
(V) by adding at the end the following:
``(xxii) a description of the levels of performance the
applicant expects to achieve on the primary indicators of
performance described in section 116(b)(2)(A)(ii).''; and
(D) in paragraph (4)--
(i) by striking ``such selection criteria as the Secretary
shall establish under this section, which shall include
criteria'' and inserting ``selection criteria'';
(ii) in subparagraph (J)(iii), by adding ``and'' after the
semicolon;
(iii) in subparagraph (K), by striking ``; and'' and
inserting a period; and
(iv) by striking subparagraph (L);
(2) in subsection (e)(1)--
(A) in subparagraph (A)(ii), by striking ``offender'' and
inserting ``who is a justice-involved individual''; and
(B) in subparagraph (B)(i), by striking ``are basic skills
deficient'' and inserting ``have foundational skill needs'';
(3) in subsection (f), by striking paragraph (2) and
inserting the following:
``(2) Use of wage records.--The Secretary shall make
arrangements with a State or other appropriate entity to
facilitate the use of State wage records to evaluate the
performance of YouthBuild programs funded under this section
on the employment and earnings indicators described in
section 116(b)(2)(A)(ii) for the purposes of the report
required under paragraph (3).
[[Page H2213]]
``(3) Performance results.--For each program year, the
Secretary shall make available, on a publicly accessible
website of the Department, a report on the performance of
YouthBuild programs, during such program year, funded under
this section on--
``(A) the primary indicators of performance described in
section 116(b)(2)(A)(ii); and
``(B) the expected levels of performance for such programs
as described in paragraph (1).'';
(4) in subsection (g), by inserting at the end the
following:
``(4) Annual release of funding opportunity announcement.--
The Secretary shall, to the greatest extent practicable,
announce new funding opportunities for grants under this
section during the same time period each year for which such
grants are available.''; and
(5) by amending subsection (i) to read as follows:
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$108,150,000 for each of the fiscal years 2025 through
2030.''.
SEC. 178. REENTRY EMPLOYMENT OPPORTUNITIES.
Subtitle D of title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3221 et seq.), is further
amended--
(1) by redesignating section 172 as section 174; and
(2) by inserting after section 171 the following:
``SEC. 172. REENTRY EMPLOYMENT OPPORTUNITIES.
``(a) Purposes.--The purposes of this section are--
``(1) to improve the employment, earnings, and skill
attainment, and reduce recidivism, of adults and youth who
have been involved with the justice system;
``(2) to prompt innovation and improvement in the reentry
of justice-involved individuals into the workforce so that
successful initiatives can be established or continued and
replicated; and
``(3) to further develop the evidence on how to improve
employment, earnings, and skill attainment, and reduce
recidivism, of justice-involved individuals, through rigorous
evaluations of specific services provided, including how they
affect different populations and how they are best combined
and sequenced, and disseminate such evidence to entities
supporting the reentry of justice-involved individuals into
the workforce.
``(b) Reentry Employment Competitive Grants, Contracts, and
Cooperative Agreements Authorized.--
``(1) In general.--From the amounts appropriated under
section 174(e) and not reserved under subsection (h), the
Secretary--
``(A) shall, on a competitive basis, make grants to, or
enter into contracts or cooperative agreements with, eligible
entities to implement reentry projects that serve eligible
adults or eligible youth;
``(B) may use not more than 30 percent of such amounts to
award funds under subparagraph (A) to eligible entities to
serve as national or regional intermediaries to provide such
funds to other eligible entities to--
``(i) implement reentry projects described in subparagraph
(A); and
``(ii) monitor and support such entities;
``(C) shall use 30 percent of such amounts to award funds
under subparagraph (A) to eligible entities using pay-for-
performance contracts--
``(i) that specify a fixed amount that will be paid to the
entity based on the achievement of specified levels of
performance on the indicators of performance described in
subsections (e)(1)(A)(i) and (e)(2)(A) within a defined
timetable; and
``(ii) which may provide for bonus payments to such entity
to expand capacity to provide effective services; and
``(D) shall ensure grants awarded under this section are
awarded to eligible entities from geographically diverse
areas, in addition to the priorities described in paragraph
(4).
``(2) Award periods.--The Secretary shall award funds under
this section for an initial period of not more than 4 years.
``(3) Additional awards.--The Secretary may award, for a
period of not more than 4 years, one or more additional
grants to an eligible entity that received a grant under this
section if the eligible entity achieved the performance
levels agreed upon with the Secretary (as described in
subsection (e)(3)) for the most recent award period.
``(4) Priority.--In awarding funds under this section, the
Secretary shall give priority to eligible entities whose
applications submitted under subsection (c) demonstrate a
commitment to use such funds to implement reentry projects--
``(A) that will serve high-poverty areas;
``(B) that will enroll eligible youth or eligible adults--
``(i) prior to the release of such individuals from
incarceration in a correctional institution; or
``(ii) not later than 90 days after such release;
``(C) whose strategy and design are evidence-based;
``(D) that establish partnerships with--
``(i) businesses; or
``(ii) institutions of higher education or providers under
section 122 (as determined by the State where services are
being provided) to provide project participants with programs
of study leading to recognized postsecondary credentials in
in-demand occupations; or
``(E) that provide training services, including customized
training and on-the-job training, that are designed to meet
the specific requirements of an employer (including a group
of employers), industry, or sector, and are conducted with a
commitment by the employer to employ individuals upon
successful completion of the preparation.
``(c) Application.--
``(1) Form and procedure.--To be qualified to receive funds
under this section, an eligible entity shall submit an
application at such time, and in such manner, as determined
by the Secretary, and containing the information described in
paragraph (2).
``(2) Contents.--An application submitted by an eligible
entity under paragraph (1) shall contain the following:
``(A) A description of the eligible entity, including the
experience of the eligible entity in providing employment and
training services for justice-involved individuals.
``(B) A description of the needs that will be addressed by
the reentry project supported by the funds received under
this section, and the target participant population and the
geographic area to be served.
``(C) A description of the proposed employment and training
activities and supportive services, if applicable, to be
provided under such reentry project, and how such activities
and services will prepare participants for employment in in-
demand industry sectors and occupations within the geographic
area to be served by such reentry project.
``(D) The anticipated schedule for carrying out the
activities proposed under the reentry project.
``(E) A description of--
``(i) the partnerships the eligible entity will establish
with agencies and entities within the criminal justice
system, local boards and one-stops, community-based
organizations, and employers (including local businesses) to
provide participants of the reentry project with work-based
learning, job placement, and recruitment (if applicable); and
``(ii) how the eligible entity will coordinate its
activities with other services and benefits available to
justice-involved individuals in the geographic area to be
served by the reentry project.
``(F) A description of the manner in which individuals will
be recruited and selected for participation for the reentry
project.
``(G) A detailed budget and a description of the system of
fiscal controls, and auditing and accountability procedures,
that will be used to ensure fiscal soundness for the reentry
project.
``(H) A description of the expected levels of performance
to be achieved with respect to the performance measures
described in subsection (e).
``(I) A description of the evidence-based practices the
eligible entity will use in administration of the reentry
project.
``(J) An assurance that the eligible entity will collect,
disaggregate by each subpopulation of individuals with
barriers to employment, and by race, ethnicity, sex, and age,
and report to the Secretary the data required with respect to
the reentry project carried out by the eligible entity for
purposes of determining levels of performance achieved and
conducting the evaluation under this section.
``(K) An assurance that the eligible entity will provide
matching funds, as described in subsection (d)(4).
``(L) A description of how the eligible entity plans to
continue the reentry project after the award period.
``(3) Additional content for intermediary applicants.--An
application submitted by an eligible entity seeking to serve
as a national or regional intermediary as described in
subsection (b)(1)(B) shall also contain the following:
``(A) An identification and description of the eligible
entities that will be subgrantees of such intermediary and
implement the reentry projects, which shall include
subgrantees in--
``(i) three or more noncontiguous metropolitan areas or
rural areas; and
``(ii) not less than 2 States.
``(B) A description of the services and supports the
intermediary will provide to the subgrantees, including
administrative and fiscal support to ensure the subgrantees
comply with all grant requirements.
``(C) A description of how the intermediary will facilitate
the replication of evidence-based practices or other best
practices identified by the intermediary across all
subgrantees.
``(D) If such intermediary is currently receiving, or has
previously received, funds under this section as an
intermediary to implement a reentry project, an assurance
that none of the subgrantees identified under subparagraph
(A) were previous subgrantees of the intermediary for such
reentry project and failed to meet the levels of performance
established for such reentry project.
``(d) Uses of Funds.--
``(1) Required activities.--An eligible entity that
receives funds under this section shall use such funds to
implement a reentry project for eligible adults, eligible
youth, or both that provides each of the following:
``(A) One or more of the individualized career services
listed in subclauses (I) through (IX) of section
134(c)(2)(A)(xii).
``(B) One or more of the training services listed in
clauses (i) through (x)(i) in section 134(c)(3)(D), including
subsidized employment opportunities through transitional
jobs.
[[Page H2214]]
``(C) For participants who are eligible youth, one or more
of the program elements listed in subparagraphs (A) through
(N) of section 129(c)(2).
``(2) Allowable activities.--An eligible entity that
receives funds under this section may use such funds to
provide to eligible adults or eligible youth the following:
``(A) Followup services after placement in unsubsidized
employment as described in section 134(c)(2)(A)(xiii).
``(B) Apprenticeship programs.
``(C) Education in digital literacy skills.
``(D) Mentoring.
``(E) Assistance in obtaining employment, including as a
result of the eligible entity--
``(i) establishing and developing relationships and
networks with large and small employers; and
``(ii) coordinating with employers to develop customized
training programs and on-the-job training.
``(F) Assistance with driver's license reinstatement and
fees for driver's licenses and other necessary documents for
employment.
``(G) Provision of or referral to evidence-based mental
health treatment by licensed practitioners.
``(H) Provision of or referral to substance use disorder
treatment services, provided that funds awarded under this
section are only used to provide such services to
participants who are unable to obtain such services through
other programs providing such services.
``(I) Provisions of or referral to supportive services,
provided that no more than 5 percent of funds awarded to an
eligible entity under this section may be used to provide
such services to participants who are able to obtain such
services through other programs providing such services.
``(3) Administrative cost limit.--An eligible entity may
not use more than 7 percent of the funds received under this
section for administrative costs, including for costs related
to collecting information, analysis, and coordination for
purposes of subsection (e) or (f).
``(4) Matching funds.--An eligible entity shall provide a
non-Federal contribution, which may be provided in cash or
in-kind, for the costs of the project in an amount that is
not less than 25 percent of the total amount of funds awarded
to the entity for such period, except that the Secretary may
waive the matching funds requirement, on a case-by-case basis
and for not more than 20 percent of all grants awarded, if
the eligible entity demonstrates significant financial
hardship.
``(e) Levels of Performance.--
``(1) Establishment of levels.--
``(A) In general.--The Secretary shall establish expected
levels of performance for reentry projects funded under this
section for--
``(i) each of the primary indicators of performance for
adults and youth described in section 116(b); and
``(ii) an indicator of performance established by the
Secretary with respect to participant recidivism.
``(B) Updates.--The levels established under subparagraph
(A) shall be updated for each 4-year-award period.
``(2) Agreement on performance levels.--In establishing and
updating performance levels under paragraph (1), the
Secretary shall reach agreement on such levels with the
eligible entities receiving awards under this section that
will be subject to such levels, based on, as the Secretary
determines relevant for each indicator of performance, the
following factors:
``(A) The expected performance levels of each such eligible
entity described in the application submitted under
subsection (c)(2)(H).
``(B) The local economic conditions of the geographic area
to be served by each such eligible entity, including
differences in unemployment rates and job losses or gains in
particular industries.
``(C) The characteristics of project participants when
entering the project involved, including--
``(i) criminal records;
``(ii) indicators of poor work history;
``(iii) lack of work experience;
``(iv) lack of educational or occupational skills
attainment;
``(v) low levels of literacy or English proficiency;
``(vi) disability status;
``(vii) homelessness; and
``(viii) receipt of public assistance.
``(3) Failure to meet performance levels.--In the case of
an eligible entity that fails to meet the performance levels
established under paragraph (1) and updated to reflect the
actual economic conditions and characteristics of
participants (as described in paragraph (2)(C)) served by the
reentry project involved for any award year, the Secretary
shall provide technical assistance to the eligible entity,
including the development of a performance improvement plan.
``(f) Evaluation of Reentry Projects.--
``(1) In general.--Not later than 5 years after the first
award of funds under this section is made, the Secretary
(acting through the Chief Evaluation Officer) shall meet each
of the following requirements:
``(A) Design and conduct of evaluation.--Design and conduct
an evaluation to evaluate the effectiveness of the reentry
projects funded under this section, which meets the
requirements of paragraph (2), and includes an evaluation of
each of the following:
``(i) The effectiveness of such projects in assisting
individuals with finding employment and maintaining
employment at the second quarter and fourth quarter after
unsubsidized employment is obtained.
``(ii) The effectiveness of such projects in assisting
individuals with earning recognized postsecondary
credentials.
``(iii) The effectiveness of such projects in relation to
their cost, including the extent to which the projects
improve reentry outcomes, including in employment,
compensation (which may include wages earned and benefits),
career advancement, measurable skills gains, credentials
earned, and recidivism of participants in comparison to
comparably situated individuals who did not participate in
such projects.
``(iv) The effectiveness of specific services and
interventions provided and of the overall project design.
``(v) If applicable, the extent to which such projects
effectively serve various demographic groups, including
people of different geographic locations, ages, races,
national origins, sex, and criminal records, and individuals
with disabilities.
``(vi) If applicable, the appropriate sequencing,
combination, or concurrent structure, of services for each
subpopulation of individuals who are participants of such
projects, such as the order, combination, or concurrent
structure and services in which transitional jobs and
occupational skills development are provided, to ensure that
such participants are prepared to fully benefit from
employment and training services provided under the project.
``(vii) Limitations or barriers to education and employment
as a result of occupational or educational licensing
restrictions.
``(B) Data accessibility.--Make available, on the publicly
accessible website of the Department of Labor, data collected
during the course of evaluation under this subsection, in an
aggregated format that does not disclose personally
identifiable information.
``(2) Design requirements.--An evaluation under this
subsection--
``(A) shall--
``(i) be designed by the Secretary (acting through the
Chief Evaluation Officer) in conjunction with the eligible
entities carrying out the reentry projects being evaluated;
``(ii) include analysis of participant feedback and outcome
and process measures; and
``(iii) use designs that employ the most rigorous
analytical and statistical methods that are reasonably
feasible, such as the use of control groups; and
``(B) may not--
``(i) collect personally identifiable information, except
to the extent such information is necessary to conduct the
evaluation; or
``(ii) reveal or share personally identifiable information.
``(3) Publication and reporting of evaluation findings.--
The Secretary (acting through the Chief Evaluation Officer)
shall--
``(A) in accordance with the timeline determined to be
appropriate by the Chief Evaluation Officer, publish an
interim report on such evaluation;
``(B) not later than 90 days after the date on which any
evaluation is completed under this subsection, publish and
make publicly available such evaluation; and
``(C) not later than 60 days after the completion date
described in subparagraph (B), submit to the Committee on
Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions
of the Senate a report on such evaluation.
``(g) Annual Report.--
``(1) Contents.--Subject to paragraph (2), the Secretary
shall post, using transparent, linked, open, and
interoperable data formats, on its publicly accessible
website, an annual report on--
``(A) the number of individuals who participated in
projects assisted under this section for the preceding year;
``(B) the percentage of such individuals who successfully
completed the requirements of such projects;
``(C) the performance of eligible entities on such projects
as measured by the performance indicators set forth in
subsection (e); and
``(D) an explanation of any waivers granted by the
Secretary of the matching requirement under subsection (d)(4)
.
``(2) Disaggregation.--The information provided under
subparagraphs (A) through (C) of paragraph (1) with respect
to a year shall be disaggregated by each project assisted
under this section for such year.
``(h) Reservation of Funds.--Of the funds appropriated
under section 174(e) for a fiscal year, the Secretary--
``(1) may reserve not more than 5 percent for the
administration of grants, contracts, and cooperative
agreements awarded under this section, of which not more than
2 percent may be reserved for the provision of--
``(A) technical assistance to eligible entities that
receive funds under this section; and
``(B) outreach and technical assistance to eligible
entities desiring to receive such funds, including assistance
with application development and submission; and
``(2) shall reserve not less than 1 percent and not more
than 2.5 percent for the evaluation activities under
subsection (f) or to support eligible entities with any
required data collection, analysis, and coordination related
to such evaluation activities.
``(i) Definitions.--In this section:
``(1) Chief evaluation officer.--The term `Chief Evaluation
Officer' means the head of
[[Page H2215]]
the independent evaluation office located in the Office of
the Assistant Secretary for Policy of the Department of
Labor.
``(2) Community supervision.--The term `community
supervision' means mandatory oversight (including probation
and parole) of a formerly incarcerated person--
``(A) who was convicted of a crime by a judge or parole
board; and
``(B) who is living outside a secure facility.
``(3) Correctional institution.--The term `correctional
institution' has the meaning given the term in section
225(e).
``(4) Eligible entity.--The term `eligible entity' means--
``(A) a private nonprofit organization under section
501(c)(3) of the Internal Revenue Code of 1986, including a
community-based or faith-based organization;
``(B) a local board;
``(C) a State or local government;
``(D) an Indian or Native American entity eligible for
grants under section 166;
``(E) a labor organization or joint labor-management
organization;
``(F) an industry or sector partnership;
``(G) an institution of higher education; or
``(H) a consortium of the entities described in
subparagraphs (A) through (H).
``(5) Eligible adult.--The term `eligible adult' means a
justice-involved individual who is age 25 or older.
``(6) Eligible youth.--The term `eligible youth' means a
justice-involved individual who is not younger than age 14 or
older than age 24.
``(7) High-poverty.--The term `high-poverty', when used
with respect to a geographic area, means an area with a
poverty rate of at least 20 percent as determined based on
the most recently available data from the American Community
Survey conducted by the Bureau of the Census.
``(8) Justice-involved individual.--The term `justice-
involved individual' means--
``(A) an individual of any age who--
``(i) has been convicted and imprisoned under Federal or
State law; and
``(ii) was released from imprisonment not more than 3 years
prior to enrollment in a project funded under this section;
or
``(B) an individual who--
``(i) is not younger than age 14 or older than age 24; and
``(ii) has been--
``(I) charged with, or convicted of, any criminal offense
in an adult court; or
``(II) charged with, or adjudicated of, a delinquent act in
a juvenile court.''.
SEC. 179. STRENGTHENING COMMUNITY COLLEGES GRANT PROGRAM.
Subtitle D of title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3221 et seq.), is further amended
by inserting after section 172, as added by the preceding
section, the following:
``SEC. 173. STRENGTHENING COMMUNITY COLLEGES WORKFORCE
DEVELOPMENT GRANTS PROGRAM.
``(a) Purposes.--The purposes of this section are--
``(1) to establish, improve, or expand high-quality
workforce development programs at community colleges; and
``(2) to expand opportunities for individuals to obtain
recognized postsecondary credentials that are nationally or
regionally portable and stackable for high-skill, high-wage,
or in-demand industry sectors or occupations.
``(b) Strengthening Community Colleges Workforce
Development Grants Program.--
``(1) In general.--From the amounts appropriated to carry
out this section under section 174(f) and not reserved under
paragraph (2), the Secretary shall, on a competitive basis,
make grants to eligible institutions to carry out the
activities described in subsection (e).
``(2) Reservation.--Of the amounts appropriated to carry
out this section under section 174(f), the Secretary may
reserve not more than two percent for the administration of
grants awarded under this section, including--
``(A) providing technical assistance and targeted outreach
to support eligible institutions serving a high number or
high percentage of low-income individuals or individuals with
barriers to employment, and rural-serving eligible
institutions, to provide guidance and assistance in the
process of applying for grants under this section; and
``(B) evaluating and reporting on the performance and
impact of programs funded under this section in accordance
with subsections (f) through (h).
``(c) Award Period.--
``(1) Initial grant period.--Each grant under this section
shall be awarded for an initial period of not more than 4
years.
``(2) Subsequent grants.--An eligible institution that
receives an initial grant under this section may receive one
or more additional grants under this section for additional
periods of not more than 4 years each if the eligible
institution demonstrates that, during the most recently
completed grant period for a grant received under this
section, such eligible institution achieved the levels of
performance agreed to by the eligible institution with
respect to the performance indicators specified in subsection
(f).
``(d) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, an eligible institution shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(2) Contents.--An application submitted by an eligible
institution under paragraph (1) shall include a description
of each the following:
``(A) The extent to which the eligible institution has
demonstrated success building partnerships with employers in
in-demand industry sectors or occupations to provide students
with the skills needed for occupations in such industries and
an explanation of the results of any such partnerships.
``(B) The methods and strategies the eligible institution
will use to engage with employers in in-demand industry
sectors or occupations, including any arrangements to place
individuals who complete the workforce development programs
supported by the grant into employment with such employers.
``(C) The proposed eligible institution and industry
partnership that the eligible institution will establish or
maintain to comply with subsection (e)(1), including--
``(i) the roles and responsibilities of each employer,
organization, agency, or institution of higher education that
the eligible institution will partner with to carry out the
activities under this section; and
``(ii) the needs that will be addressed by such eligible
institution and industry partnership.
``(D) One or more industries that such partnership will
target and real-time labor market data demonstrating that
those industries are aligned with employer demand in the
geographic area to be served by the eligible institution.
``(E) The extent to which the eligible institution can--
``(i) leverage additional resources to support the programs
to be funded with the grant, which shall include written
commitments of any leveraged or matching funds for the
proposed programs; and
``(ii) demonstrate the future sustainability of each such
program.
``(F) The steps the institution will take to ensure the
high quality of each program to be funded with the grant,
including the career pathways within such programs.
``(G) The population and geographic area to be served by
the eligible institution, including the number of individuals
the eligible institution intends to serve during the grant
period.
``(H) The workforce development programs to be supported by
the grant.
``(I) The recognized postsecondary credentials that are
expected to be earned by participants in such workforce
development programs and the related high-wage, high skill,
or in-demand industry sectors or occupations for which such
programs will prepare participants.
``(J) The evidence upon which the education and skills
development strategies to be used in such workforce
development programs are based and an explanation of how such
evidence influenced the design of the programs to improve
education and employment outcomes.
``(K) How activities of the eligible institution are
expected to align with the workforce strategies identified
in--
``(i) any State plan or local plan submitted under this Act
by the State, outlying area, or locality in which the
eligible institution is expected to operate;
``(ii) any State plan submitted under section 122 of the
Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2342) by such State or outlying area; and
``(iii) any economic development plan of the chief
executive of such State or outlying area.
``(L) The goals of the eligible institution with respect
to--
``(i) capacity building (as described in subsection
(f)(1)(B)); and
``(ii) the expected performance of individuals
participating in the programs to be offered by the eligible
institution, including with respect to any performance
indicators applicable under section 116 or subsection (f) of
this section.
``(3) Consideration of previous experience.--The Secretary
may not disqualify an eligible institution from receiving a
grant under this section solely because such institution
lacks previous experience in building partnerships, as
described in paragraph (2)(A).
``(4) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible institutions that--
``(A) will use the grant to serve--
``(i) individuals with barriers to employment; or
``(ii) incumbent workers who need to gain or improve
foundational skills to enhance their employability;
``(B) use competency-based assessments, such as the
competency-based assessment identified by the State in which
the eligible institution is located under section
134(a)(2)(B)(vii), to award academic credit for prior
learning for programs supported by the grant; or
``(C) have, or will seek to have, the career education
programs supported by the grant included on the list of
eligible providers of training services under section 122 for
the State in which the eligible institution is located.
``(e) Uses of Funds.--
``(1) Eligible institution and industry partnership.--For
the purpose of carrying out the activities specified in
paragraphs (2) and (3), an eligible institution that receives
a grant under this section shall establish a partnership (or
continue an existing partnership) with one or more employers
in an in-demand industry sector or occupation (in
[[Page H2216]]
this section referred to as an `eligible institution and
industry partnership') and shall maintain such partnership
for the duration of the grant period. The eligible
institution shall ensure that the partnership--
``(A) targets one or more specific high-skill, high-wage,
or in-demand industries;
``(B) includes collaboration with the workforce development
system;
``(C) serves adult and dislocated workers, incumbent
workers, and new entrants to the workforce;
``(D) uses an evidence-based program design that is
appropriate for the activities carried out by the
partnership;
``(E) incorporates work-based learning opportunities, as
defined in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302); and
``(F) incorporates, to the extent appropriate, virtual
service delivery to facilitate technology-enabled learning.
``(2) Required activities.--An eligible institution that
receives a grant under this section shall, in consultation
with the employers in the eligible institution and industry
partnership described in paragraph (1)--
``(A) establish, improve, or expand high quality, evidence-
based workforce development programs, career pathway
programs, or work-based learning programs (including
apprenticeship programs or preapprenticeships);
``(B) provide career services to individuals participating
in the programs funded with the grant to facilitate retention
and program completion, which may include--
``(i) career navigation, coaching, mentorship, and case
management services, including providing information and
outreach to individuals with barriers to employment to
encourage such individuals to participate in programs funded
with the grant; and
``(ii) providing access to course materials, technological
devices, required equipment, and other supports necessary for
participation in and successful completion of such programs;
and
``(C) make available, in a format that is open, searchable,
and easily comparable, information on--
``(i) curricula and recognized postsecondary credentials
offered through programs funded with the grant, including any
curricula or credentials created or further developed using
such grant, which for each recognized postsecondary
credential, shall include--
``(I) the issuing entity of such credential;
``(II) any third-party endorsements of such credential;
``(III) the occupations for which the credential prepares
individuals;
``(IV) the skills and competencies necessary to achieve to
earn such credential;
``(V) the level of mastery of such skills and competencies
(including how mastery is assessed); and
``(VI) any transfer value or stackability of the
credential;
``(ii) any skills or competencies developed by individuals
who participate in such programs beyond the skills and
competencies identified as part of the recognized
postsecondary credential awarded; and
``(iii) related employment and earnings outcomes on the
primary indicators of performance described in subclauses (I)
through (III) of section 116(b)(2)(A)(i).
``(3) Additional activities.--In addition to the activities
required under paragraph (2), an eligible institution that
receives a grant under this section shall, in consultation
with the employers in the eligible institution and industry
partnership described in paragraph (1), carry out one or more
of the following activities:
``(A) Establish, improve, or expand--
``(i) articulation agreements (as defined in section
486A(a) of the Higher Education Act of 1965 (20 U.S.C.
1093a(a)));
``(ii) credit transfer agreements;
``(iii) corequisite remediation programs that enable a
student to receive remedial education services while enrolled
in a postsecondary course rather than requiring the student
to receive remedial education before enrolling in a such a
course;
``(iv) dual or concurrent enrollment programs;
``(v) competency-based education and assessment; or
``(vi) policies and processes to award academic credit for
prior learning or for the programs described in paragraph
(2)(A).
``(B) Establish or implement plans for providers of the
programs described in paragraph (2)(A) to meet the criteria
and carry out the procedures necessary to be included on the
eligible training services provider list described in section
122(d).
``(C) Purchase, lease, or refurbish specialized equipment
as necessary to carry out such programs, provided that not
more than 15 percent of the funds awarded to the eligible
institution under this section may be used for activities
described in this subparagraph.
``(D) Reduce or eliminate unmet financial need relating to
the cost of attendance (as defined under section 472 of the
Higher Education Act of 1965 (20 U.S.C. 1087ll)) of
participants in such programs.
``(4) Administrative cost limit.--An eligible institution
may use not more than 7 percent of the funds awarded under
this section for administrative costs, including costs
related to collecting information, analysis, and coordination
for purposes of subsection (f).
``(f) Performance Levels and Performance Reviews.--
``(1) In general.--The Secretary shall develop and
implement guidance that establishes the levels of performance
that are expected to be achieved by each eligible institution
receiving a grant under this section. Such performance levels
shall be established on the following indicators:
``(A) Each of the primary indicators of performance for
adults described in section 116(b), which shall be applied
for all individuals who participated in a program that
received funding from a grant under this section.
``(B) The extent to which the eligible institution built
capacity by--
``(i) increasing the breadth and depth of employer
engagement and investment in workforce development programs
in the in-demand industry sectors and occupations targeted by
the eligible institution and industry partnership established
or maintained by the eligible institution under subsection
(e)(1);
``(ii) designing or implementing new and accelerated
instructional techniques or technologies, including the use
of advanced online and technology-enabled learning (such as
immersive technology); and
``(iii) increasing program and policy alignment across
systems and decreasing duplicative services or service gaps.
``(C) With respect to individuals who participated in a
workforce development program funded with the grant--
``(i) the percentage of participants who successfully
completed the program; and
``(ii) of the participants who were incumbent workers at
the time of enrollment in the program, the percentage who
advanced into higher level positions during or after
completing the program.
``(2) Consultation and determination of performance
levels.--
``(A) Consideration.--In developing performance levels in
accordance with paragraph (1), the Secretary shall take into
consideration the goals of the eligible institution pursuant
to subsection (d)(2)(L).
``(B) Determination.--After completing the consideration
required under subparagraph (A), the Secretary shall
separately determine the performance levels that will apply
to each eligible institution, taking into account--
``(i) the expected performance levels of each eligible
institution with respect to the goals described by the
eligible institution pursuant to subsection (d)(2)(L); and
``(ii) local economic conditions in the geographic area to
be served by the eligible institution, including differences
in unemployment rates and job losses or gains in particular
industries.
``(C) Notice and acknowledgment.--
``(i) Notice.--The Secretary shall provide each eligible
institution with a written notification that sets forth the
performance levels that will apply to the eligible
institution, as determined under subparagraph (B).
``(ii) Acknowledgment.--After receiving the notification
described in clause (i), each eligible institution shall
submit to the Secretary written confirmation that the
eligible institution--
``(I) received the notification; and
``(II) agrees to be evaluated in accordance with the
performance levels determined by the Secretary.
``(3) Performance reviews.--On an annual basis during each
year of the grant period, the Secretary shall evaluate the
performance during such year of each eligible institution
receiving a grant under this section in a manner consistent
with the performance levels determined for such institution
pursuant to paragraph (2).
``(4) Failure to meet performance levels.--After conducting
an evaluation under paragraph (3), if the Secretary
determines that an eligible institution did not achieve the
performance levels applicable to the eligible institution
under paragraph (2), the Secretary shall--
``(A) provide technical assistance to the eligible
institution; and
``(B) develop a performance improvement plan for the
eligible institution.
``(g) Evaluations and Reports.--
``(1) In general.--Not later than 4 years after the date on
which the first grant is made under this section, the
Secretary shall design and conduct an evaluation to determine
the overall effectiveness of the eligible institutions
receiving a grant under this section.
``(2) Elements.--The evaluation of the effectiveness of
eligible institutions conducted under paragraph (1) shall
include an assessment of the general effectiveness of
programs and activities supported by the grants awarded to
such eligible institutions under this section, including the
extent to which the programs and activities--
``(A) developed new, or expanded existing, successful
industry sector strategies, including the extent to which
such eligible institutions deepened employer engagement and
developed workforce development programs that met industry
skill needs;
``(B) created, expanded, or enhanced career pathways,
including the extent to which the eligible institutions
developed or improved competency-based education and
assessment, credit for prior learning, modularized and self-
paced curricula, integrated education and workforce
development, dual enrollment in secondary and postsecondary
career pathways, stacked and latticed credentials, and online
and distance learning;
[[Page H2217]]
``(C) created alignment between eligible institutions and
the workforce development system;
``(D) assisted individuals with finding, retaining, or
advancing in employment;
``(E) assisted individuals with earning recognized
postsecondary credentials; and
``(F) provided equal access to various demographic groups,
including people of different geographic locations, ages,
races, national origins, and sexes.
``(3) Design requirements.--The evaluation under this
subsection shall--
``(A) be designed by the Secretary (acting through the
Chief Evaluation Officer) in conjunction with the eligible
institutions being evaluated;
``(B) include analysis of program participant feedback and
outcome and process measures; and
``(C) use designs that employ the most rigorous analytical
and statistical methods that are reasonably feasible, such as
the use of control groups.
``(4) Data accessibility.--The Secretary shall make
available on a publicly accessible website of the Department
of Labor any data collected as part of the evaluation under
this subsection. Such data shall be made available in an
aggregated format that does not reveal personally
identifiable information and that ensures compliance with
relevant Federal laws, including section 444 of the General
Education Provisions Act (commonly known as the `Family
Educational Rights and Privacy Act of 1974') (20 U.S.C.
1232g).
``(5) Publication and reporting of evaluation findings.--
The Secretary (acting through the Chief Evaluation Officer)
shall--
``(A) in accordance with the timeline determined to be
appropriate by the Chief Evaluation Officer, publish an
interim report on the preliminary results of the evaluation
conducted under this subsection;
``(B) not later than 60 days after the date on which the
evaluation is completed under this subsection, submit to the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report on such
evaluation; and
``(C) not later than 90 days after such completion date,
publish and make the results of such evaluation available on
a publicly accessible website of the Department of Labor.
``(h) Annual Reports.--The Secretary shall make available
on a publicly accessible website of the Department of Labor,
in transparent, linked, open, and interoperable data formats,
the following information:
``(1) The performance of eligible institutions on the
capacity-building performance indicator set forth under
subsection (f)(1)(B).
``(2) The performance of eligible institutions on the
workforce development participant outcome performance
indicators set forth under subsection (f)(1)(C).
``(3) The number of individuals enrolled in workforce
development programs funded with a grant under this section.
``(i) Definitions.--In this section:
``(1) Community college.--The term `community college'
means--
``(A) a public institution of higher education (as defined
in section 101(a) of the Higher Education Act (20 U.S.C.
1001(a)), at which--
``(i) the highest degree awarded is an associate degree; or
``(ii) an associate degree is the most frequently awarded
degree;
``(B) a branch campus of a 4-year public institution of
higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)), if, at such branch
campus--
``(i) the highest degree awarded is an associate degree; or
``(ii) an associate degree is the most frequently awarded
degree;
``(C) a 2-year Tribal College or University (as defined in
section 316(b)(3) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)(3))); or
``(D) a degree-granting Tribal College or University (as
defined in section 316(b)(3) of the Higher Education Act of
1965 (20 U.S.C. 1059c(b)(3))) at which--
``(i) the highest degree awarded is an associate degree; or
``(ii) an associate degree is the most frequently awarded
degree.
``(2) Eligible institution.--The term `eligible
institution' means--
``(A) a community college;
``(B) a postsecondary vocational institution (as defined in
section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
1002(c))); or
``(C) a consortium of such colleges or institutions.
``(j) Supplement Not Supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local public funds made available
for carrying out the activities described in this section.''.
SEC. 180. AUTHORIZATION OF APPROPRIATIONS.
Section 174 of the Workforce Innovation and Opportunity
Act, as so redesignated, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by striking subsections (a) through (d) and inserting
the following:
``(a) Native American Programs.--There are authorized to be
appropriated to carry out section 166 (not including
subsection (k) of such section) $61,800,000 for each of the
fiscal years 2025 through 2030.
``(b) Migrant and Seasonal Farmworker Programs.--There are
authorized to be appropriated to carry out section 167
$100,317,900 for each of the fiscal years 2025 through 2030.
``(c) Technical Assistance.--There are authorized to be
appropriated to carry out section 168 $5,000,000 for each of
the fiscal years 2025 through 2030.
``(d) Evaluations and Research.--There are authorized to be
appropriated to carry out section 169 $12,720,000 for each of
the fiscal years 2025 through 2030.
``(e) Reentry Program.--There are authorized to be
appropriated to carry out section 172 $115,000,000 for each
of the fiscal years 2025 through 2030.
``(f) Strengthening Community Colleges Program.--There are
authorized to be appropriated to carry out section 173
$65,000,000 for each of the fiscal years 2025 through
2030.''.
Subtitle F--Administration
SEC. 191. REQUIREMENTS AND RESTRICTIONS.
(a) Labor Standards.--Section 181(b) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3241(b)) is amended
by adding at the end the following:
``(8) Consultation.--If an employer provides on-the-job
training, incumbent worker training, or employer-directed
skills development with funds made available under this title
directly to employees of such employer that are subject to a
collective bargaining agreement with the employer, the
employer shall consult with the labor organization that
represents such employees on the planning and design of such
training or development.''.
(b) Relocation.--Section 181(d) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3241(d)) is amended by
striking ``incumbent worker training,'' and inserting
``incumbent worker training, employer-directed skills
development,''.
SEC. 192. GENERAL WAIVERS OF STATUTORY OR REGULATORY
REQUIREMENTS.
Section 189(i)(3)(A)(i) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3249(i)(3)(A)(i)) is amended by
striking ``procedures for review and approval of plans'' and
inserting ``the procedures for review and approval of plans,
the performance reports described in section 116(d), and the
requirement described in section 134(c)(1)(B)''.
SEC. 193. STATE INNOVATION DEMONSTRATION AUTHORITY.
Section 190 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3250) is amended to read as follows:
``SEC. 190. STATE INNOVATION DEMONSTRATION AUTHORITY.
``(a) Purpose.--The purpose of this section is to--
``(1) authorize States to apply under this section, in the
case of an eligible State, on behalf of the entire State, or
for any State, on behalf of a local area or a consortium of
local areas in the State, to receive the allotments or
allocations of the State or the local areas, respectively,
for youth workforce investment activities and adult and
dislocated worker employment and training activities under
this Act, as a consolidated grant for 5 years for the purpose
of carrying out a demonstration project to pursue innovative
reforms to achieve better outcomes for jobseekers, employers,
and taxpayers; and
``(2) require that rigorous evaluations be conducted to
demonstrate if better outcomes and associated innovative
reforms were achieved as a result of such demonstration
projects.
``(b) General Authority.--
``(1) Waivers and demonstration grant amounts.--
Notwithstanding any other provision of law, during the
demonstration period applicable to a demonstration project
approved for a State pursuant to subsection (d)(3), the
Secretary shall comply with each of the following:
``(A) Waivers.--Subject to paragraph (2), waive for the
State as a whole, or for the local area or the consortium of
local areas in such State selected by the State to carry out
such demonstration project, all the statutory and regulatory
requirements of subtitle A and subtitle B.
``(B) Demonstration grant amounts.--For each fiscal year
applicable to such demonstration period:
``(i) State as a whole.--In a case of a State approved to
carry out a demonstration project under this section on
behalf of the State as a whole, distribute as a consolidated
sum to the State, for purposes of carrying out the project,
the State's total allotment for such fiscal year under--
``(I) subsections (b)(1)(C) and subsection (c) of section
127; and
``(II) paragraphs (1)(B) and (2)(B) of section 132(b); and
``(III) section 132(c).
``(ii) Local area.--In a case of a local area selected by a
State to carry out a demonstration project under this
section, require the State to--
``(I) distribute as a consolidated sum to the local board
for such local area, for purposes of carrying out the
project, the local area's allocation for such fiscal year
under--
``(aa) subsections (b) and (c) of section 128; and
``(bb) subsections (b) and (c) of section 133; or
``(II) if the local board of the local area enters into a
written agreement with the State for the State to serve as
the fiscal agent for the local board during the demonstration
project, use the funds described in subclause (I) for
purposes of carrying out the project on behalf of the local
board.
[[Page H2218]]
``(iii) Consortium of local areas.--In a case of a
consortium of local areas selected by a State to carry out a
demonstration project under this section, require the State
to--
``(I) distribute as a consolidated sum to the consortium,
for purposes of carrying out the project, the total amount of
the allocations for the local areas in such consortium for
such fiscal year under--
``(aa) subsections (b) and (c) of section 128; and
``(bb) subsections (b) and (c) of section 133; or
``(II) if the consortium enters into a written agreement
with the State for the State to serve as the fiscal agent for
the consortium during the demonstration project, use the
funds described in subclause (I) for purposes of carrying out
the project on behalf of such consortium.
``(2) Exceptions.--
``(A) In general.--A State, local area, or consortium of
local areas carrying out a demonstration project under this
section shall comply with statutory or regulatory
requirements of this Act relating to--
``(i) performance accountability and reporting, except as
otherwise provided in this section;
``(ii) the membership of local or State boards in instances
where a State carrying out a demonstration project will
maintain the use of such boards during the demonstration
period; and
``(iii) the priority of service described in section
134(c)(3)(E).
``(B) Applicability of defined terms.--In carrying out a
demonstration project under this section, a State, local
area, or consortium of local areas may only use a term
defined in section 3 to describe an activity carried out
under such demonstration project if the State, local area, or
consortium of local areas gives such term the same meaning as
such term is given under such section.
``(3) Authority for third-party evaluation.--
``(A) In general.--Not later than 180 days after the first
demonstration project is approved under this section, the
Secretary shall contract with a third-party evaluator to
conduct a rigorous evaluation of each demonstration project
approved under this section. The evaluation shall--
``(i) cover the 5-year period of each demonstration
project;
``(ii) compare the employment and earnings outcomes of
participants in activities carried out under the
demonstration project to--
``(I) the outcomes of similarly situated individuals that
do not participate in such activities who are located in such
State, local area, or a local area in such consortium; and
``(II) the outcomes of participants in activities under
this chapter in the State, local area, or a local area in the
consortium that was awarded a waiver prior to the award of
such waiver;
``(iii) conduct a qualitative analysis that identifies any
promising practices or innovate strategies that--
``(I) would not have been conducted without the waiving of
statutory or regulatory provisions through the demonstration
project; and
``(II) lead to positive employment and earnings outcomes
for the participants; and
``(iv) compare the outcomes for subclauses (I) and (II) of
clause (i) with respect to the subpopulations described in
section 116(d)(2)(B).
``(B) Report.--Not later than 2 years after the fifth year
of each demonstration project approved under this section,
the Secretary shall submit to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions, the
results of the evaluation of such conducted under this
paragraph.
``(c) Demonstration Period; Limitations.--
``(1) In general.--A demonstration project approved under
this section for a State, local area, or consortium--
``(A) shall be carried out for a 5-year demonstration
period; and
``(B) may be renewed for an additional 5-year demonstration
period, if the State, local area, or consortium--
``(i) for each of the final 3 years of the preceding 5-year
demonstration period, meets its expected levels of
performance established under subsection (f)(1)(C); and
``(ii) on the final year of the preceding 5-year
demonstration period, achieves a performance improvement of
not less than an average of a 5-percent increase across all
of the indicators of performance described in clauses (i) and
(ii) of subsection (f)(1)(A), compared with--
``(I) the highest level of performance for the
corresponding indicators of performance, as described in
subsection (f)(1)(B)(i) with respect to such State, for the
most recent program year that ended prior to the beginning of
the first year of the preceding 5-year demonstration period;
or
``(II) the alternate baseline level of performance for the
corresponding indicators of performance that is agreed upon
between the State and the Secretary under subsection
(f)(1)(B)(ii).
``(2) Limitations.--
``(A) Demonstration period limitations.--For each 5-year
demonstration period (including renewals of such period) the
Secretary may not approve--
``(i) more than 4 demonstration projects for States
described in paragraph (3) to carry out a demonstration
project described in subsection (b)(1)(B)(i); and
``(ii) more than 6 demonstration projects for local areas
(or consortia of local areas) to carry out a demonstration
project described in clause (ii) or (iii) of subsection
(b)(1)(B).
``(B) State limitations.--No more than 1 demonstration
project may be approved under this section per State. For
purposes of this subparagraph, a demonstration project
described in clause (ii) or (iii) of subsection (b)(1)(B)
approved for a local area or a consortium of local areas,
respectively, in a State shall be considered a demonstration
project approved under this section for the State.
``(3) Eligible states.--The Secretary may not approve a
demonstration project for a State as a whole described in
subsection (b)(1)(B)(i) unless, at the time of submission of
the application, such State is--
``(A) a State designated as a single State local area; or
``(B) a State with--
``(i) a labor force participation rate that is less than 60
percent for the most recent program year; and
``(ii) a population of less than 6,000,000, as determined
by the most recent data released by the Census Bureau.
``(d) Application.--
``(1) In general.--To be eligible to carry out a
demonstration project under this section, a State shall
submit to the Secretary an application at such time and in
such manner as the Secretary may reasonably require, and
containing the information described in paragraph (2).
``(2) Content.--Each application submitted by a State under
this subsection shall include the following:
``(A) A description of the demonstration project to be
carried out under this section, including--
``(i) whether the project will be carried out--
``(I) by the State as a whole;
``(II) by a local area, and if so--
``(aa) an identification of--
``(AA) such local area;
``(BB) whether the local board for such local area is the
fiscal agent for the project, or whether the local board has
entered into a written agreement with the State for the State
to serve as the fiscal agent during the project; and
``(bb) written verification from the local board for such
local area that such local board agrees--
``(AA) to carry out such project; and
``(BB) to the fiscal agent identified in item (aa)(BB); and
``(III) by a consortium of local areas in the State, and if
so--
``(aa) an identification of--
``(AA) each local area that comprises the consortium; and
``(BB) the local area that will serve as the fiscal agent
for the consortium during the project, or whether the
consortium has entered into a written agreement with the
State for the State to serve as the fiscal agent; and
``(bb) written verification from each local board of each
local area identified in item (aa)(AA) that such local board
agrees--
``(AA) to carry out such project as a consortium; and
``(BB) to the fiscal agent for the consortium identified in
item (aa)(BB);
``(ii) a description of the activities to be carried out
under the project; and
``(iii) the goals the State, local area, or consortium
intends to achieve through such activities, which shall be
aligned with purpose described in subsection (a).
``(B) A description of the performance outcomes the State,
the local area, or consortium expects to achieve for such
activities for each year of the demonstration period as
described in subsection (f)(1).
``(C) A description of how the State, local area, or
consortium consulted with employers, the State board, and the
local boards in the State in determining the activities to
carry out under the demonstration project.
``(D) A description of how the State will make such
activities available to jobseekers and employers in each of
the local areas in the State or, in a case of a project that
will be carried out by a local area or a consortium, a
description of how such services will be made available to
jobseekers and employers in such local area or each of the
local areas in the consortium.
``(E) A description, if appropriate, of how the State,
local area, or consortium will integrate the funds received,
and the activities carried out, under the demonstration
project under this section with State workforce development
programs and other Federal, State, or local workforce,
education, or social service programs (including the programs
and activities listed in section 103(a)(2), the program of
adult education and literacy activities authorized under
title II, and the program authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)).
``(F) An assurance that the State, local area, or
consortium will meet the requirements of this section.
``(3) Secretarial approval.--
``(A) In general.--Not later than 60 days after the date on
which a State submits an application under this subsection,
the Secretary shall--
``(i) in a case in which the application meets the
requirements of this section and is not subject to the
limitations described in subsection (c)(2), approve such
application
[[Page H2219]]
and the demonstration project described in such application;
or
``(ii) provide to the State a written explanation of
initial disapproval that meets the requirements of
subparagraph (C).
``(B) Default approval.--With respect to an application
submitted by a State under this subsection that is not
subject to the limitations described in subsection (c), if
the Secretary fails to approve such application or provide an
explanation of initial disapproval for such application as
required under subparagraph (A), the application and the
demonstration project described in such application shall be
deemed approved by the Secretary.
``(C) Initial disapproval.--An explanation of initial
disapproval provided by the Secretary to a State under
subparagraph (A)(ii) shall provide the State--
``(i) a detailed explanation of why the application does
not meet the requirements of this section; and
``(ii) if the State is not subject to the limitations
described in subsection (c), an opportunity to revise and
resubmit the State's application under this section.
``(e) State Demonstration Project Requirements.--A State,
local area, or consortium that has been approved to carry out
a demonstration project under this section shall meet each of
the following requirements:
``(1) Use of funds.--Use the funds received pursuant to
subsection (b)(1)(B) solely to carry out the activities of
the demonstration project to achieve the goals described in
subsection (d)(2)(A).
``(2) Administrative costs limitation.--Use not more than
10 percent of the funds received pursuant to subsection
(b)(1)(B) for a fiscal year for the administrative costs of
carrying out the demonstration project.
``(3) Priority for services.--Give priority for services
under the project to veterans and their eligible spouses in
accordance with the requirements of section 4215 of title 38,
United States Code, recipients of public assistance, low-
income individuals, and individuals who have foundational
skills needs.
``(4) Number of participants.--Serve a number of
participants under the activities of the demonstration
project for each year of the demonstration period that--
``(A) is greater than the number of participants served by
such State, local area, or consortium under the programs
described in subparagraph (A) of the definition of the term
`core program provision' under section 3 for the most recent
program year that ended prior to the beginning of the first
year of the demonstration period; or
``(B) is not less than the number of participants to be
served under the activities of the demonstration project that
is agreed upon between the State, local area, or consortium,
and the Secretary--
``(i) prior to the Secretary's approval of the application
submitted under subsection (d); and
``(ii) after the Secretary takes into account--
``(I) the goals the State, local area, or consortium
intends to achieve through the demonstration project; and
``(II) the participants the State, local area, or
consortium intends to serve under such project; and
``(iii) prior to approval of the application submitted
under subsection (d).
``(5) Reporting outcomes.--Submit, on an annual basis, to
the Secretary a report, with respect to such State, local
area, or consortium, on--
``(A) participant outcomes for each indicator of
performance described in subsection (f)(1)(A) for the
activities carried out under the project; and
``(B) the applicable requirements of section 116(d)(2),
including subparagraphs (B) through (G) and subparagraph (J),
as such subparagraphs are applicable to activities under the
demonstration project.
``(6) Compliance with certain existing requirements.--
Comply with the statutory or regulatory requirements listed
in subsection (b)(2).
``(f) Performance Accountability.--
``(1) Establishment of baseline level for performance.--
``(A) In general.--Each State shall describe in the
application submitted under subsection (d), for each year of
the demonstration period--
``(i) with respect to participants who are at least 25
years old, the expected levels of performance for each of the
indicators of performance under section 116(b)(2)(A)(i) for
the activities carried out under the project under this
section, which shall meet the requirements of subparagraph
(B); and
``(ii) with respect to participants who are at least 16
years old and no older than 24 years old, the expected levels
of performance for each of the indicators of performance
under section 116(b)(2)(A)(ii) for the activities carried out
under the project under this section, which shall meet the
requirements of subparagraph (B).
``(B) 5th year.--Each of the expected levels of performance
established pursuant to subparagraph (A) for each of the
indicators of performance for the 5th year of the
demonstration period shall be higher than--
``(i) the highest level of performance for the
corresponding indicator of performance for the programs
described in subparagraph (A) of the definition of the term
`core program provisions' under section 3 for the most recent
program year for such State that ended prior to the beginning
of the first year of the demonstration period; or
``(ii) an alternate baseline level of performance that is
agreed upon between the State and the Secretary--
``(I) prior to the Secretary's approval of the application
submitted under subsection (d); and
``(II) after the Secretary takes into account--
``(aa) the goals the State intends to achieve through the
demonstration project; and
``(bb) the participants the State intends to serve under
such project.
``(C) Agreed level for performance on expected levels of
performance.--Prior to approving an application for a
demonstration project submitted by a State, and using the
expected levels of performance described in such application,
the Secretary shall reach an agreement with such State on the
expected levels of performance for each of the indicators of
performance. In reaching an agreement on such expected levels
of performance, the Secretary and the State may consider the
factors described in section 116(b)(3)(A)(v).
``(2) Sanctions.--
``(A) In general.--The sanctions described in section
116(f)(1)(B) shall apply to a State, local area, or
consortium beginning on the 3rd year of the demonstration
period for such State, local area, or consortium, except that
the levels of performance established under subsection
(f)(1)(C) of this section shall be--
``(i) deemed to be the State negotiated levels of
performance for purposes of this paragraph; and
``(ii) adjusted at the end of each program year to reflect
the actual characteristics of participants served and the
actual economic conditions experienced using a statistical
adjustment model similar to the model described in section
116(b)(3)(A)(viii).
``(B) Ineligibility for renewal.--A State, local area, or
consortium that is subject to such sanctions shall be
ineligible to renew its demonstration period under subsection
(c).
``(3) Impact of local or consortium demonstrations on
statewide accountability.--With respect to a State with an
approved demonstration project for a local area or consortium
of local areas in the State--
``(A) the performance of such local area or consortium for
the programs described in subparagraph (A) of the definition
of the term `core program provision' under section 3 shall
not be included in the levels of performance for such State
for any of such programs for purposes of section 116 for any
program year that is applicable to any year of the
demonstration period; and
``(B) with respect to any local areas of the State that are
not part of the demonstration project, the State shall reach
a new agreement with the Secretary, for purposes of section
116(b)(3)(A), on levels of performance for such programs for
such program years.
``(g) Termination.--Except as provided under subsection
(c)(1)(B), the Secretary may not approve a demonstration
project after December 31, 2030.''.
TITLE II--ADULT EDUCATION AND LITERACY
SEC. 201. PURPOSE.
Section 202 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3271) is amended--
(1) in paragraph (1), by inserting ``(including digital
literacy skills)'' before ``necessary''; and
(2) in paragraph (4), by striking ``English language
learners'' and inserting ``English learners''.
SEC. 202. DEFINITIONS.
Section 203 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3272) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``listen,'' after
``write,'';
(B) in subparagraph (B), by striking ``and'' at the end;
(C) by redesignating subparagraph (C) as subparagraph (D);
and
(D) by inserting after subparagraph (B) the following:
``(C) develop and use digital literacy skills; and'';
(2) by redesignating paragraphs (3) through (17) as
paragraphs (4) through (18), respectively;
(3) by inserting after paragraph (2) the following:
``(3) Digital literacy skills.--The term `digital literacy
skills' means the skills associated with using existing and
emerging technologies to find, evaluate, organize, create,
communicate information, and to complete tasks.'';
(4) in paragraph (5)(C) (as so redesignated)--
(A) by striking clause (i) and inserting the following:
``(i) has foundational skills needs;''; and
(B) in clause (iii), by striking ``English language
learner'' and inserting ``English learner'';
(5) in paragraph (7)(A) (as so redesignated), by striking
``English language learners'' and inserting ``English
learners'';
(6) in paragraph (8) (as so redesignated)--
(A) in the paragraph header, by striking ``language''; and
(B) in the matter preceding subparagraph (A), by striking
``English language learner'' and inserting ``English
learner'';
(7) in the matter preceding subparagraph (A) in paragraph
(10) (as so redesignated), by
[[Page H2220]]
inserting ``and educational'' after ``the economic'';
(8) in paragraph (13) (as so redesignated)--
(A) by striking ``English language learners'' and inserting
``English learners''; and
(B) by striking ``workforce training'' and inserting
``skills development, preparation for postsecondary education
or employment, and financial literacy instruction''; and
(9) in paragraph (14) (as so redesignated)--
(A) by striking ``and solve'' and inserting ``solve''; and
(B) by inserting ``and use digital technology,'' after
``problems,''.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
Section 206 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3275) is amended to read as follows:
``SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title $751,042,100 for each of the fiscal years 2025 through
2030.''.
SEC. 204. SPECIAL RULE.
Section 211(e)(3) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3291(e)(3)) is amended by striking
``period described in section 3(45)'' and inserting ``period
described in subparagraph (B) of the definition of the term
`outlying area' in section 3''.
SEC. 205. PERFORMANCE ACCOUNTABILITY SYSTEM.
Section 212 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3292) is amended by striking ``section 116.'' and
inserting ``section 116, except that the indicator described
in subsection (b)(2)(A)(i)(VI) of such section shall be
applied as if it were the percentage of program participants
who exited the program during the program year and completed
an integrated education and training program.''.
SEC. 206. MATCHING REQUIREMENT.
Section 222(b) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3302(b)) is amended by adding at the end the
following:
``(3) Public availability of information on matching
funds.--Each eligible agency shall maintain, on a publicly
accessible website of such agency and in an easily accessible
format, information documenting the non-Federal contributions
made available to adult education and family literacy
programs pursuant to this subsection, including--
``(A) the sources of such contributions, except that in the
case of private contributions, names of the individuals or
entities providing such contributions may not be disclosed;
and
``(B) in the case of funds made available by a State or
outlying area, an explanation of how such funds are
distributed to eligible providers.''.
SEC. 207. STATE LEADERSHIP ACTIVITIES.
Section 223(a) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3303(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``activities.'' and
inserting ``activities and the identification of
opportunities to coordinate with activities supported under
the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.) to expand integrated education
and training programs.'';
(B) in subparagraph (C)--
(i) in clause (ii), by striking ``and'' at the end;
(ii) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) assistance in reporting participant outcomes for the
performance accountability system described in section 212,
including facilitating partnerships with the appropriate
State entities to conduct matches with State administrative
data (such as wage records) to determine program performance
on the indicators of performance described in subclauses (I)
through (III) of section 116(b)(2)(A)(i).'';
(C) by redesignating subparagraph (D) as subparagraph (F);
and
(D) by inserting after subparagraph (C) the following:
``(D) The development or identification (which may be done
in coordination with other States) of instructional materials
that--
``(i) are designed to meet the needs of adult learners and
English learners;
``(ii) to the extent practicable, are evidence-based; and
``(iii) will improve the instruction provided pursuant to
the local activities required under section 231(b).
``(E) The dissemination of instructional materials
described in subparagraph (D) to eligible providers to
improve the instruction provided pursuant to the local
activities required under section 231(b), including
instructional materials that--
``(i) were developed for integrated education and training
in an in-demand industry or occupation within the State; and
``(ii) lead to English language acquisition, a recognized
postsecondary credential, or both.''; and
(2) in paragraph (2)--
(A) in subparagraph (I)(i)--
(i) by striking ``mathematics, and English'' and inserting
``mathematics, English''; and
(ii) by striking ``acquisition;'' and inserting
``acquisition, and digital literacy skills;'';
(B) in subparagraph (J), by striking ``retention.'' and
inserting ``retention, such as the development and
maintenance of policies for awarding recognized postsecondary
credentials to adult educators who demonstrate effectiveness
at improving the achievement of adult students.'';
(C) in subparagraph (K), by striking ``English language
learners,'' and inserting ``English learners,'';
(D) by redesignating subparagraph (M) as subparagraph (P);
and
(E) by inserting after subparagraph (L) the following:
``(M) Performance incentive payments to eligible providers,
including incentive payments linked to increased use of
integrated employment and training or other forms of
instruction linking adult education with the development of
occupational skills for an in-demand occupation in the State.
``(N) Strengthening the quality and effectiveness of adult
education and family literacy programs in the State through
support for program quality standards and accreditation
requirements.
``(O) Raising public awareness (including through public
service announcements, such as social media campaigns) about
career and technical education programs and community-based
organizations, and other endeavors focused on programs that
prepare individuals for in-demand industry sectors or
occupations.''.
SEC. 208. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER
INSTITUTIONALIZED INDIVIDUALS.
Section 225 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3305)) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Coordination.--Each eligible agency that is using
assistance provided under this section to carry out a program
for criminal offenders within a correctional institution
shall--
``(1) coordinate such educational programs with career and
technical education activities provided to individuals in
State institutions from funds reserved under section
112(a)(2)(A) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2322(a)(2)(A)); and
``(2) identify opportunities to develop integrated
education and training opportunities for such individuals.''.
SEC. 209. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.
Section 231 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3321) is amended--
(1) in subsection (e)--
(A) in paragraph (1)(B)(ii), by striking ``English language
learners'' and inserting ``English learners'';
(B) in paragraph (5)--
(i) in subparagraph (A), by striking ``and'' at the end;
(ii) in subparagraph (B), by adding ``and'' at the end; and
(iii) by adding at the end the following:
``(C) uses instructional materials that are designed to
meet the needs of adult learners and English learners and are
evidence-based (to the extent practicable), which may
include, but shall not be required to include, the
instructional materials disseminated by the State under
section 223(a)(1)(D);''; and
(C) in paragraph (6)--
(i) by striking ``speaking,'' and inserting ``speaking and
listening,''; and
(ii) by inserting before the semicolon at the end the
following: ``, which may include the application of the
principles of universal design for learning''; and
(2) by adding at the end the following:
``(f) Cost Analysis.--In determining the amount of funds to
be awarded in grants or contracts under this section, the
eligible agency may consider the costs of providing learning
in context, including integrated education and training and
workplace adult education and literacy activities, and the
extent to which the eligible provider intends to serve
individuals using such activities, in order to align the
amount of funds awarded with such costs.''.
SEC. 210. LOCAL APPLICATION.
Section 232 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3322) is amended--
(1) in paragraph (4), by inserting ``and coordinate with
the appropriate State entity'' after ``data'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) by redesignating paragraph (7) as paragraph (8); and
(4) by inserting after paragraph (6) the following:
``(7) a description of how the eligible provider will
provide learning in context, including through partnerships
with employers to offer workplace adult education and
literacy activities and integrated education and training;
and''.
SEC. 211. LOCAL ADMINISTRATIVE COST LIMITS.
Section 233(a) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3323(a)) is amended--
(1) in paragraph (1), by striking ``95'' and inserting
``85''; and
(2) by amending paragraph (2) to read as follows:
``(2) of the remaining amount--
``(A) not more than 10 percent may be used for professional
development for adult educators; and
``(B) not more than 5 percent shall be used for planning,
administration (including carrying out the requirements of
section 116),
[[Page H2221]]
professional development of administrative staff, and the
activities described in paragraphs (3) and (5) of section
232.''.
SEC. 212. NATIONAL LEADERSHIP ACTIVITIES.
Section 242 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3332) is amended--
(1) in subsection (b)(1), by striking ``116;'' and
inserting ``116, including the dissemination of effective
practices used by States to use administrative data to
determine program performance and reduce the data collection
and reporting burden on eligible providers;'';
(2) in paragraphs (1)(B) and (2)(C)(vii)(I) of subsection
(c), by striking ``English language learners'' and inserting
``English learners''; and
(3) in subsection (c)(2)--
(A) in subparagraph (F), by striking ``and'' at the end;
(B) by redesignating subparagraph (G) as subparagraph (I);
and
(C) by inserting after subparagraph (F) the following:
``(G) developing and rigorously evaluating programs for the
preparation of effective adult educators and disseminating
the results of such evaluations;
``(H) carrying out initiatives to support the effectiveness
and impact of adult education, that States may adopt on a
voluntary basis, through--
``(i) the development and dissemination of staffing models
that prioritize demonstrated effectiveness and continuous
improvement in supporting the learning of adult students; and
``(ii) the evaluation and improvement of program quality
standards and accreditation requirements; and''.
SEC. 213. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
Section 243(c)(1) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3333(c)(1)) is amended by striking
``English language learners'' and inserting ``English
learners''.
TITLE III--AMENDMENTS TO OTHER LAWS
SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT.
(a) Definitions.--Section 2(5) of the Wagner-Peyser Act (29
U.S.C. 49a(5)) is amended by inserting ``the Commonwealth of
the Northern Mariana Islands, American Samoa,'' after
``Guam,''.
(b) Unemployment Compensation Law Requirement.--Section
5(b)(1) of such Act is amended by inserting ``the
Commonwealth of the Northern Mariana Islands, American
Samoa,'' after ``Guam,''.
(c) Allotments.--Section 6 of such Act (29 U.S.C. 49e) is
amended--
(1) in subsection (a)--
(A) by striking ``except for Guam'' and inserting ``except
for Guam, the Commonwealth of the Northern Mariana Islands,
and American Samoa'';
(B) by striking ``first allot to Guam and the Virgin
Islands'' and inserting the following: ``first allot--
``(1) to Guam and the Virgin Islands'';
(C) by striking the period at the end and inserting ``;
and''; and
(D) by adding at the end the following:
``(2) beginning with the first fiscal year for which the
total amount available for allotments under this section is
greater than the total amount available for allotments under
this section for fiscal year 2024, and for each succeeding
fiscal year, to each of the Commonwealth of the Northern
Mariana Islands and American Samoa, an amount which is equal
to one-half of the amount allotted to Guam under paragraph
(1) for such fiscal year.''; and
(2) in subsection (b)(1), in the matter following
subparagraph (B), by inserting ``, the Commonwealth of the
Northern Mariana Islands, American Samoa,'' after ``Guam''.
(d) Use of Funds.--Section 7 of such Act (29 U.S.C. 49f) is
amended--
(1) in subsection (a)(1), by striking ``and referral to
employers'' and inserting ``referral to employers, and the
services described in section 134(c)(2)(A)(ii) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3174(c)(2)(A)(ii)) when provided by the employment service
office colocated with the one-stop delivery system''; and
(2) in subsection (e), by inserting before the period at
the end the following: ``and in accordance with the
requirements of section 134(c)(2)(A)(i)(I) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3174(c)(2)(A)(i)(I))''.
(e) Workforce and Labor Market Information System.--Section
15 of such Act (29 U.S.C. 49l-2) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``timely manner'' and inserting ``manner that is as close to
real-time as practicable'';
(ii) in clause (i), by striking ``part-time, and seasonal
workers'' and inserting ``part-time, contingent, and seasonal
workers, and workers engaged in alternative employment
arrangements'';
(iii) by redesignating clauses (iii) and (iv) as clauses
(iv) and (v), respectively; and
(iv) by inserting after clause (ii), the following:
``(iii) real-time trends in new and emerging occupational
roles, and in new and emerging skills by occupation and
industry, with particular attention paid to State and local
conditions;'';
(B) in subparagraph (B)(i), by inserting ``(including, to
the extent practicable, real-time)'' after ``current''; and
(C) in subparagraph (G), by striking ``user-friendly manner
and'' and inserting ``manner that is available on-demand and
is user-friendly,'';
(2) in subsection (b)(2)(F)--
(A) in clause (i), by striking ``; and'' and inserting
``(including, to the extent practicable, provided in real
time);'';
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i), as so amended, the
following:
``(ii) the capabilities of digital technology and modern
data collection approaches are effectively utilized; and'';
and
(3) by amending subsection (g) to read as follows:
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$64,532,600 for each of the fiscal years 2025 through
2030.''.
SEC. 302. JOB TRAINING GRANTS.
Section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 3224a) is
amended to read as follows:
``(c) Job Training Grants.--
``(1) Allotment.--
``(A) In general.--Of the funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), the Secretary of Labor shall--
``(i) return permanently 12 percent of such amounts in each
fiscal year to the general fund of the Treasury; and
``(ii) of the remainder, make allotments to each State that
receives an allotment under section 132(b) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3172) for the
purpose of providing training services through individual
training accounts for eligible dislocated workers as
described in paragraph (2)(A).
``(B) Reservation; allotment among states.--
``(i) Reservation.--From the amount made available under
subparagraph (A)(ii) for a fiscal year, the Secretary shall
reserve not more than \1/4\ of 1 percent of such amount to
provide assistance to the outlying areas for the purpose
described in paragraph (2)(A).
``(ii) Allotment among states.--The Secretary shall use the
remainder of the amount made available under subparagraph
(A)(ii) for a fiscal year to make allotments to States
described in such subparagraph on the following basis:
``(I) 33 and \1/3\ percent shall be allotted on the basis
of the relative number of unemployed individuals in each such
State, compared to the total number of unemployed individuals
in all such States.
``(II) 33 and \1/3\ percent shall be allotted based on the
relative number of disadvantaged adults in each such State,
compared to the total number of disadvantaged adults in all
such States.
``(III) 33 and \1/3\ percent shall be allotted on the basis
of the relative number of individuals in the civilian labor
force in each such State, compared to the total number in the
civilian labor force in all such States.
``(iii) Disadvantaged adult defined.--For purposes of this
subparagraph and subparagraph (C), the term `disadvantaged
adult' has the meaning given such term in section
132(b)(1)(B)(v)(IV) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3172(b)(1)(B)(v)(IV)).
``(iv) Reallotment.--
``(I) In general.--The Secretary of Labor shall, in
accordance with this clause, reallot to eligible States
amounts that are made available to States from allotments
made under this subparagraph (referred to individually in
this subsection as a `State allotment') and that are
available for reallotment.
``(II) Amount.--The amount available for reallotment for a
program year is equal to the amount by which the unobligated
balance of the State allotment, at the end of the program
year prior to the program year for which the determination
under this subclause is made, exceeds 20 percent of such
allotment for the prior program year.
``(III) Reallotment.--In making reallotments to eligible
States of amounts available pursuant to subclause (II) for a
program year, the Secretary shall allot to each eligible
State an amount based on the relative amount of the State
allotment for the program year for which the determination is
made, as compared to the total amount of the State allotments
for all eligible States for such program year.
``(IV) Eligibility.--For purposes of this subsection, an
eligible State means a State that does not have an amount
available for reallotment under subclause (II) for the
program year for which the determination under subclause (II)
is made.
``(C) Within state allocations.--
``(i) In general.--The Governor shall allocate the funds
allotted to the State under subparagraph (B)(ii) for a fiscal
year to the local areas in the State on the following basis:
``(I) 33 and \1/3\ percent of the funds on the basis
described in subparagraph (B)(ii)(I).
``(II) 33 and \1/3\ percent of the funds on the basis
described in subparagraph (B)(ii)(II).
``(III) 33 and \1/3\ percent of the funds on the basis
described in subparagraph (B)(ii)(III).
``(ii) Application.--For purposes of carrying out clause
(i)--
``(I) references in subparagraph (B)(ii) to a State shall
be deemed to be references to a local area; and
[[Page H2222]]
``(II) references in subparagraph (B)(ii) to all States
shall be deemed to be references to all local areas in the
State involved.
``(iii) Reallocation among local areas.--
``(I) In general.--The Governor may, in accordance with
this clause and after consultation with the State board,
reallocate to eligible local areas within the State amounts
that are made available to local areas from allocations made
under this subparagraph (referred to individually in this
subsection as a `local allocation') and that are available
for reallocation.
``(II) Amount.--The amount available for reallocation for a
program year is equal to the amount by which the unobligated
balance of the local allocation, at the end of the program
year prior to the program year for which the determination
under this subclause is made, exceeds 20 percent of such
allocation for the prior program year.
``(III) Reallocation.--In making reallocations to eligible
local areas of amounts available pursuant to subclause (II)
for a program year, the Governor shall allocate to each
eligible local area within the State an amount based on the
relative amount of the local allocation for the program year
for which the determination is made, as compared to the total
amount of the local allocations for all eligible local areas
in the State for such program year.
``(IV) Eligibility.--For purposes of this subsection, an
eligible local area means a local area that does not have an
amount available for reallotment under subclause (II) for the
program year for which the determination under subclause (II)
is made.
``(2) Use of funds.--
``(A) In general.--Funds allocated pursuant to paragraph
(1) to a local area shall be used to pay, through the use of
an individual training account in the accordance with section
134(c)(3)(F)(iii) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3174(c)(3)(F)(iii)), an eligible provider of
training services from the list of eligible providers of
training services described in section 122(d) of such Act (29
U.S.C. 3152(d)) for training services provided to eligible
dislocated workers in the local area.
``(B) Requirements for local areas.--As a condition of
receipt of funds under paragraph (1), a local area shall
agree to each of the following:
``(i) Required notice to workers.--Prior to an eligible
dislocated worker selecting a program of training services
from the list of eligible providers of training services
under section 122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d)), the local area shall
inform such dislocated worker of any opportunities the
dislocated worker may have to participate in on-the-job
training or employer-directed skills development funded
through such local area.
``(ii) Amounts available.--Except as provided in clause
(iv)(II), a local area--
``(I) may not limit the maximum amount available for an
individual training account for an eligible dislocated worker
under subparagraph (A) to an amount that is less than $5,000;
and
``(II) may not pay an amount, through the use of an
individual training account under subparagraph (A), for
training services provided to an eligible dislocated worker
that exceeds the costs of such services.
``(iii) WIOA funds.--A local area may not use funds made
available to the local area for a fiscal year pursuant to
section 134(c)(1)(B) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(1)(B)) to make payments
under subparagraph (A) until the funds allocated to the local
area pursuant to paragraph (1) of this subsection for such
fiscal year have been exhausted.
``(iv) Exhaustion of allocations.--Upon the exhaustion of
the funds allocated to the local area pursuant to paragraph
(1) of this subsection, for the purpose of paying, through
the use of individual training accounts under subparagraph
(A), the costs of training services for eligible dislocated
workers in the local area seeking such services, the local
area--
``(I) shall use any funds made available to the local area
pursuant to section 134(c)(1)(B) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3174(c)(1)(B)) to pay for such
costs under subparagraph (A) (other than any costs that
exceed the limit set by the local area pursuant to subclause
(II)); and
``(II) for any eligible dislocated worker who is not a low-
income individual, may limit the maximum amount available for
the individual training account under subparagraph (A) for
such worker to an amount that is less than $5,000.
``(3) Eligible dislocated worker.--A dislocated worker
shall be an eligible dislocated worker for purposes of this
subsection if the dislocated worker--
``(A) meets the requirements under section 134(c)(3)(A)(i)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3174(c)(3)(A)(i)) to be eligible for training services;
``(B) has not received training services through an
individual training account under this subsection or under
section 134(c)(3)(F)(iii) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(3)(F)(iii)) during the
preceding 5-year period or, if such a worker has received
such training services during such period, the worker has
been granted an exception by the local area due to an
exceptional circumstance, as determined by the local area;
and
``(C) is not subject to any limitations established by the
local area or State involved pursuant to paragraph (4), which
would disqualify such dislocated worker from being an
eligible dislocated worker under this subsection.
``(4) State or local area limitations.--A State or local
area may establish limitations on the eligibility of an
otherwise eligible dislocated worker who has previously
received training services through an individual training
account under this subsection or under section
134(c)(3)(F)(iii) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3174(c)(3)(F)(iii)) to receive a subsequent
individual training account under this subsection.
``(5) Excess demand.--Upon the exhaustion of the funds
allocated to a local area pursuant to paragraph (1) of this
subsection and any funds that may be available to such local
area pursuant to section 134(c)(1)(B) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(1)(B)) for
the purpose described in paragraph (2)(A) of this subsection,
the local area--
``(A) may request additional funds for such purpose from
the Governor under section 134(a)(2)(A)(i)(III) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3174(a)(2)(A)(i)(III)); and
``(B) shall not be required to pay for training services or
establish an individual training account for an eligible
dislocated worker.
``(6) Definitions.--Except as otherwise specified, a term
used in this subsection shall have the meaning given such
term in section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102).
``(7) Rule of construction.--Nothing in this subsection
shall be construed to provide an individual with an
entitlement to a service under this subsection or under title
I of the Workforce Innovation and Opportunity Act (29 U.S.C.
3111 et seq.) or to mandate a State or local area to provide
a service if Federal funds are not available for such
service.''.
SEC. 303. ACCESS TO NATIONAL DIRECTORY OF NEW HIRES.
Section 453(j)(8) of the Social Security Act (42 U.S.C.
653(j)(8)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or conducting the reporting and
evaluation activities required under section 116 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3141)''
after ``State law''; and
(B) by striking ``such program'' and inserting ``such
programs'' ; and
(2) in subparagraph (C)(i), by striking ``purposes of
administering a program referred to'' and inserting ``the
purposes specified''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
North Carolina (Ms. Foxx) and the gentleman from Virginia (Mr. Scott)
each will control 20 minutes.
The Chair recognizes the gentlewoman from North Carolina.
General Leave
Ms. FOXX. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
to include extraneous material on H.R. 6655.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from North Carolina?
There was no objection.
Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of A Stronger Workforce for
America Act.
I thank Ranking Member Bobby Scott for his bipartisan work on behalf
of America's workforce without which this bill would not be on the
floor today.
Bobby and I decided on day one that while we will not always agree on
every issue, we will work diligently in the areas in which we find
common ground. It is safe to say we agree that workforce development is
too important an issue not to get something done.
{time} 1715
I thank each and every member of the Committee on Education and the
Workforce. Due to their efforts, we were able to pass the bill through
the committee on a wide, bipartisan vote. Now it is the turn of the
full House.
Mr. Speaker, A Stronger Workforce for America Act owes its bipartisan
appeal to two main features: its principles and its promises.
The principles of this bill are firmly rooted in increased
efficiency, innovation, and accountability in the workforce.
A Stronger Workforce for America Act will bolster the efficiency of
the workforce system by dedicating 50 percent of funding to upskilling
workers. Skills are becoming the currency of the labor market and the
key to unlocking career success, yet too few of the taxpayer dollars
provided to the
[[Page H2223]]
workforce system currently are being spent developing the skills of our
workforce. By elevating skills development, this bill will deliver more
opportunities for Americans to prepare for good-paying jobs.
Moreover, this bill gives States more flexibility to innovate and to
support employer-led initiatives. Empowering States and employers is
the best way to ensure the workforce system is nimble and adaptive in
the modern economy.
Also, it will enhance the performance accountability system in the
law that has suffered from nearly a decade of delayed implementation
and low expectations, meaning States and local workforce boards will
truly be held accountable for the labor market outcomes they produce.
Efficiency, innovation, and accountability are the shared bipartisan
principles A Stronger Workforce for America Act rests on.
Now for the promises: A Stronger Workforce for America Act is a bill
for those who believe in the incredible, boundless potential of the
American workforce.
This is the American workforce that smelted the steel that built the
engine that propelled man to the Moon in a Saturn V rocket. This is the
American workforce that has repeatedly dropped its tools and its
livelihoods on a moment's notice to go fight in service to our country.
This is the American workforce that put the world in our pocket when it
created the iPhone, a transformational tool that has revolutionized the
way we communicate and that has enabled drones, smart homes, self-
driving cars, and more.
It is our constant duty and our promise never to forget, neglect, or
discount the American workforce. American workers built this great
Nation. They deserve nothing but the best opportunity to succeed as
rapid changes in the modern economy necessitate new skills in order to
keep pace.
Therefore, the legislation before us today should be seen in that
light. It is a promise that as the economy changes, we will always
ensure that workers have an opportunity to gain the right skills for
the job.
Therefore, Mr. Speaker, I urge passage of A Stronger Workforce for
America Act, and I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 6655, A Stronger Workforce for
America Act.
Workers who are looking for higher paying careers and businesses
looking for skilled workers should be able to rely on our workforce
development system. Unfortunately, decades of chronic disinvestment and
lax quality standards in our workforce system have contributed to
unsustainable out-of-pocket costs for both workers and employers.
I thank Ms. Foxx for her bipartisan cooperation in drafting the
legislation.
This bill makes an array of critical improvements to the Workforce
Innovation and Opportunity Act, or WIOA, in that it will improve our
workforce development system for everyone. It will help create a
skilled workforce for the millions of new jobs created under the
American Rescue Plan Act, the Inflation Reduction Act, the bipartisan
infrastructure law, and the Chips and Science Act.
Specifically, this bill will ensure that workers displaced from their
jobs can access robust development services, including through
individual training accounts by guaranteeing that they will receive a
training voucher for no less than $5,000. This kind of investment will
ensure displaced workers can pay for training in jobs that lead to
high-quality, good-paying careers like welding or nursing, among many
others.
It also creates an emphasis on employer-led initiatives that equip
workers with the skill sets they need to fill jobs in critical
industries, and it helps the currently employed workforce upskill to
avoid displacement and advance their careers.
Moreover, it will serve individuals with barriers to employment by
codifying reentry programs for justice-involved individuals and
boosting summer and year-round employment opportunities for youth,
especially those who have become disconnected from school and work
after the pandemic.
Finally, it streamlines the eligible training provider list to ensure
that programs are aligned with the skills and hiring demands and that
State and local workforce boards are held accountable for achieving
positive outcomes for program participants.
In conclusion, I urge my colleagues to support the A Stronger
Workforce for America Act because it will create more opportunities for
working Americans to gain a foothold in the middle class.
Mr. Speaker, I reserve the balance of my time.
Ms. FOXX. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Pennsylvania (Mr. Thompson), who is the chair of the Agriculture
Committee.
Mr. THOMPSON of Pennsylvania. Mr. Speaker, I thank the chairwoman for
her leadership.
Mr. Speaker, I am proud to rise today in strong support of the A
Stronger Workforce for America Act, which will strengthen the Federal
workforce system and increase access to high-quality and in-demand jobs
nationwide.
WIOA was successful in many respects, including supporting
educational services to help adults develop basic skills and providing
funding for vocational rehabilitation services for individuals with
disabilities. However, additional reforms are needed to respond to the
challenges employers face in filling millions of open jobs nationwide.
I am particularly pleased to see additional funding directed toward
upskilling incumbent workers, including giving States new tools through
the critical industry skills fund to help employers upskill, hire, and
retain workers in critical industries.
I am also pleased to see additional emphasis on digital literacy
within this legislation, as we all know that these skills are necessary
to succeed today.
Together, these reforms will ensure workers remain relevant for the
rapidly changing 21st century economy.
As the co-chair of the bipartisan Career and Technical Education
Caucus, I am grateful to see better alignment for State activities
authorized through Perkins. This coordination will allow for expanded
integrated education and training programs, assistance to providers in
reporting participant outcomes, and additional materials to meet the
needs of adult and English learners.
Additionally, local workforce development agencies will now be able
to relocate one-stop centers to CTE schools, creating a true hub for
skills development.
Finally, I am pleased to see my bipartisan legislation, the Creating
Opportunities to Thrive and Advance Act, included in this legislation.
This will bolster career counseling programs and allow for public
outreach to educate Americans on the many opportunities the workforce
system can provide them. Together, these provisions fuel innovation.
Mr. Speaker, I urge all of my colleagues to support this legislation.
Mr. SCOTT of Virginia. Mr. Speaker, I include in the Record two
letters. One is from the American Association of Community Colleges and
the Association of Community College Trustees, and the other letter is
from the Society for Human Resource Management, better known as SHRM.
AACC
ACCT,
April 8, 2024.
Hon. Virginia Foxx,
Chairwoman, Committee on Education and the Workforce, House
of Representatives, Washington, DC.
Hon. Bobby Scott,
Ranking Member, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Chairwoman Foxx and Ranking Member Scott: We write on
behalf of the nation's community colleges and their more than
10 million students to state our support for A Stronger
Workforce for America Act (ASWAA), which we hope will be
considered by the full House soon. This bill will help our
current and future students better participate in our
economy, enabling them to generate family-sustaining wages.
We thank the committee for the many hours of work that
produced this bipartisan measure.
ASWAA builds on 25 years of experience with the federal
workforce system that was overhauled in 1998. AACC and ACCT
remain focused on ensuring that the Workforce Innovation and
Opportunity Act (WIOA) facilitates full participation of
community colleges in the workforce system, a goal that
unfortunately has not yet been attained.
This bill helps make the WIOA reporting requirements more
realistic, a longstanding
[[Page H2224]]
community college goal. It streamlines the process for adding
programs to the Eligible Training Provider List (ETPL),
including making qualified Workforce Pell programs
automatically eligible for the ETPL. Other ETPL revisions
will help ensure program quality and clarify that the data to
comply with these requirements come from state-level sources.
We endorse the bill's increased emphasis on training, which
is a longstanding priority of community colleges, reflected
in a requirement that local areas spend at least 50 percent
of funds on skills development. Dedicating H-1B revenues that
provides for the creation of mandatory-funded $5,000
Individual Training Accounts is also a major improvement.
These two provisions, along with other aspects of the
legislation, should greatly increase WIOA's support of
workforce education. There is one area where we wish the bill
would go further and that is in ensuring that the increased
focus on training education went hand in hand with an
increased emphasis of supports that participants will need,
and which is key to successful completion of workforce
programs.
Community colleges particularly applaud the authorization
of the Strengthening Community College Workforce Development
Grant program, modeled on a highly successful program now in
its fourth year of competition. This program helps community
colleges enhance workforce education offerings in areas of
great demand, working in close cooperation with the private
sector. We urge the consideration of higher authorization
levels for this program and the rest of the Act as a forceful
signal of support for continued growth over time.
We thank you again for your leadership on this bipartisan
legislation that is of such great importance and has a
positive impact on our students and the nation's economic
health. We look forward to working with you as the
legislation moves towards enactment in the 118th Congress.
Sincerely,
Walter G. Bumphus, Ph.D.,
President and CEO,
American Association of Community Colleges.
Jee Hang Lee,
President and CEO,
Association of Community College Trustees.
____
SHRM,
April 5, 2024.
Re SHRM Letter of Support for the Reauthorization of WIOA.
Chairwoman Virginia Foxx,
Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Ranking Member Bobby Scott,
Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Chairwoman Foxx and Ranking Member Scott: SHRM is the
global association representing over 340,000+ human resources
professionals and executives. Our members are the strategists
and catalysts in our workplace, ensuring workers and
workplaces have the skills to be competitive in the global
economy. SHRM strongly supports H.R. 6655, A Stronger
Workforce for America Act, critical legislation that
modernizes the nation's workforce development system.
SHRM is encouraged by the bipartisan effort to reauthorize
the Workforce Innovation and Opportunity Act (WIOA). H.R.
6655 is a significant step toward strengthening America's
workforce and ensuring its long-term global competitiveness.
It wisely invests in our future, supporting strong and
inclusive talent pipelines, including opportunities for
untapped talent pools. Engaging untapped talent--older
workers, individuals with disabilities, opportunity youth,
veterans, military spouses and caregivers, and individuals
with a criminal record--is essential to fostering a more
productive and engaged workforce.
A Stronger Workforce for America Act presents an
opportunity to align education and development programs with
current industry demands. This will equip individuals with
the skills and certifications businesses seek, leading to
more robust talent pipelines and expanded candidate pools.
Ultimately, businesses gain access to a more skilled
workforce while workers receive educational opportunities
that will allow them to compete in today's workforce. SHRM is
committed to promoting a skilled and adaptable workforce, and
WIOA reauthorization aligns with this mission.
Furthermore, WIOA reauthorization allows us to advocate for
programs encouraging upskilling and reskilling throughout a
worker's career. This ensures workers remain competitive in
the ever-evolving job market. Additionally, reauthorization
can strengthen employer engagement by fostering stronger
partnerships between workforce development agencies and
businesses. This collaboration gives businesses a say in
program design, ensuring it directly addresses their talent
needs.
SHRM strongly supports H.R. 6655, A Stronger Workforce for
America Act, which is critical legislation to fortify the
workforce development system. The widely bipartisan effort to
reauthorize WIOA is a significant stride towards bolstering
America's global competitiveness. Strategic investments in
inclusive talent pipelines and aligning education and
development programs with industry demands, H.R. 6655
promises to mutually benefit businesses and workers, and we
urge its swift passage.
SHRM is committed to ensuring our workers and workplaces
are globally competitive. We invite collaboration and offer
our resources and insights to Congress to address our
workforce needs. Please consider SHRM a trusted partner to
seize this opportunity and cultivate a stronger, more
resilient workforce for the sustained prosperity of our
nation.
Sincerely,
Emily M. Dickens,
Chief of Staff and Head of Public Affairs.
Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as he may
consume to the gentleman from Connecticut (Mr. Courtney).
Mr. COURTNEY. Mr. Speaker, I thank Mr. Scott for yielding.
Mr. Speaker, I rise in strong support of the bipartisan A Stronger
Workforce for America Act, which makes critical improvements to
America's job training laws that will close the skills gap, strengthen
the relationship between employers and the local labor market, and put
more Americans on the pathway to successful careers.
I congratulate Chairwoman Foxx and Ranking Member Scott for their
bipartisan collaboration to bring this bill to the floor, defying all
the negative conventional wisdom about this place because this is a
really critical program at a time when our U.S. economy has 9 million
job openings.
My district in eastern Connecticut is the fastest growing labor
market in our State and the second fastest in New England. The Federal
job training program that we are discussing here today has been a huge
contributor to that growth.
Back in 2015, I hosted then-Labor Secretary Tom Perez at Electric
Boat's shipyard to meet with our local WIOA workforce board to discuss
the looming need for shipbuilding skills to meet the sharply increased
demand by the U.S. Navy for submarine construction.
Mr. Speaker, 5 months later, in September 2015, the Manufacturing
Pipeline Initiative program was launched using a $6 million WIOA grant
by the U.S. Department of Labor. Since its establishment in 2016,
nearly 3,500 workers in eastern Connecticut have been hired from the
WIOA-funded pipeline to high-quality careers in the Electric Boat
shipyard.
As you can see from this chart, Mr. Speaker, starting in 2016, there
has been steady growth. There was a little dip during COVID, but last
year, 945 graduates from their pre-apprenticeship program left the WIOA
classes to begin their careers in the metal trades.
Because of this highly successful training pipeline, EB has had the
workforce to meet the growing build rate that it continues to this day.
Two months ago, EB announced that their target for 2024 is to hire
5,300 workers to, again, meet the needs for the Virginia program and
the Columbia program.
Mr. Speaker, we need pre-apprenticeship programs like the
manufacturing pipeline to fill those 9 million job openings in the U.S.
economy. This bill will do just that by, number one, ensuring that more
WIOA dollars are going directly to upskilling workers and on-the-job
learning, streamlining the eligible training provider list to ensure
that they are delivering good outcomes and are aligned with the skill
and hiring needs of employers, and strengthening the workforce
education programs at community colleges to make sure that they align
with in-demand jobs by emphasizing programs with industry partnerships,
providing more flexibility to one-stop operators to expand access to
support services for trainees who need assistance during these 8-week
classes for electricians, 10 weeks for welders, with transportation,
childcare, or other essentials to ensure that they can successfully
focus on their curriculum and complete their job training program.
Mr. Speaker, this is not just a program for young adults. It is also
a program that helps workers of all ages.
Mr. Speaker, I include in the Record a letter from the American
Association of Retired Persons in support of this legislation, H.R.
6655, A Stronger Workforce for America Act.
AARP,
April 4, 2024.
Hon. Mike Johnson,
Speaker, House of Representatives,
Washington, DC.
Hon. Hakeem Jeffries,
Democratic Leader, House of Representatives,
Washington, DC.
Dear Speaker Johnson and Leader Jeffries: AARP, which
advocates for the more than 100 million Americans age 50 and
older, writes in support of H.R. 6655, A
[[Page H2225]]
Stronger Workforce for America Act. This bipartisan
legislation modernizes the Workforce Innovation and
Opportunity Act (WIOA) programs to better align with the
current labor market while strengthening accountability to
ensure the programs provide adequate job training and career
services to help older job seekers.
In a tight labor market, older job seekers continue to face
long-term unemployment at a greater rate than their younger
counterparts. The Bureau of Labor Statistics' employment data
for February 2024 finds that 24.9 percent of job seekers age
55 and older were long-term unemployed compared to 17.2
percent of those ages 16 to 54. The WIOA programs are
essential for helping these older job seekers remain in the
workforce, which helps their long-term financial security.
H.R. 6655 provides greater flexibility in designing job
training for older workers that considers their existing
skills and past work experience. It offers training and
resources to encourage entrepreneurship and nontraditional
employment, which is especially attractive to many older
workers interested in options beyond traditional wage and
salaried positions. As work requirements continue to change
and the use of technology increases in the workforce, we are
pleased this bill provides training in digital literacy and
information technology for older workers. Additionally,
increasing accountability through performance reporting based
on race, ethnicity, sex, and age will help determine if the
WIOA programs are adequately assisting older individuals who
want to re-enter or remain in the workforce.
AARP urges Congress to pass H.R. 6655, A Stronger Workforce
for America Act, as it will strengthen our nation's workforce
by providing older workers with the assistance they need to
continue working, improving their financial security. If you
have questions, please feel free to contact me or have your
staff contact Holly Biglow on our Government Affairs team.
Sincerely,
Bill Sweeney,
Senior Vice President, Government Affairs.
Mr. COURTNEY. Mr. Speaker, again, I urge all of my colleagues to
support this legislation, which, at this moment in our economy, is so
critically needed.
Ms. FOXX. Mr. Speaker, I yield 2 minutes to the gentleman from
Michigan (Mr. Walberg).
Mr. WALBERG. Mr. Speaker, I rise in support of H.R. 6655, A Stronger
Workforce for America Act, and express great appreciation to Chairwoman
Foxx and Ranking Member Scott for moving this forward.
In 2014, I was proud to work with my colleagues on the Education and
the Workforce Committee to pass the Workforce Innovation and
Opportunity Act, WIOA, that made critical improvements to streamline
the maze of Federal workforce development programs. At its core, the
WIOA aims to connect people with the skills they need to be competitive
in the modern workforce.
In our rapidly evolving world, the landscape of the workforce is
constantly changing, as it should. Technological advancements,
globalization, and shifting market trends mean that the skills needed
today might not be the same as those required tomorrow. To thrive in
this dynamic environment, it is imperative that individuals have the
necessary skills and development opportunities that are aligned with
the needs of local industries.
The bill we are considering today strengthens the law to further fuel
innovation for a skills-based economy. A Stronger Workforce for America
Act makes reforms to WIOA that will increase the amount of skills
development provided under the law, strengthen the connections between
employers and the workforce system, and streamline bureaucracy.
The bill also gives Governors a new tool to address the economic
priorities of their States, allowing them to set aside additional funds
for a critical industry skills fund to help employers upskill, hire,
and retain workers in priority industries.
These critical reforms will equip America's workers with the skills
to succeed in the modern economy.
Mr. Speaker, I urge my colleagues to support this bipartisan
legislation to build a stronger American workforce.
{time} 1730
Mr. SCOTT of Virginia. Mr. Speaker, I yield such time as she may
consume to the gentlewoman from Connecticut (Mrs. Hayes), the vice
ranking member of the Committee on Education and the Workforce.
Mrs. HAYES. Mr. Speaker, I rise in strong support of this
legislation, which would reauthorize workforce development programs.
Right now in Connecticut, there are 119,000 young people disconnected
from school or work. These could be students who dropped out of school
during the pandemic, are involved in foster care, or have become
homeless.
YouthBuild programs in Connecticut and across the country help these
opportunity youth complete their education and develop in-demand
skills. I am also pleased to see that my legislation, the YouthBuild
for the Future Act, was included in this bill, which provides
opportunities for young people.
My legislation would allow YouthBuild programs to fund meals for
participants, ensuring that no one has to choose between finding food
and completing the program. This bipartisan legislation creates a
workforce system that is more responsive to employer needs and puts
more Americans on the pathway to a successful career.
Mr. Speaker, I include in the Record a letter in support of H.R. 6655
from LinkedIn.
Linkedin,
December 11, 2023.
Hon. Virginia Foxx,
Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Hon. Robert C. ``Bobby'' Scott,
Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Dear Chairwoman Foxx and Ranking Member Scott: LinkedIn is
pleased to support H.R. 6655, A Stronger Workforce for
America Act, and applauds your bipartisan commitment to
strengthen the value and impact of programs currently
authorized under the Workforce Innovation and Opportunity Act
(WIOA).
We are particularly pleased the legislation puts a skills-
first approach at the forefront of workforce development
systems. Current methods of finding talent often exclude
large swaths of talent: workers who may have the capabilities
that businesses are looking for, but don't have traditionally
accepted experience or credentials. A skills-first approach
increases opportunities for workers in the U.S. while
ensuring critical parts of our economy are staffed. Skills-
first hiring could lead to a nearly 20-times increase in
qualified candidates here in the U.S., where nearly 70
percent of jobs require a bachelor's degree but only 37
percent of the workforce have one. We explored this approach
in detail in our April report Skills-First: Reimagining the
Labor Market and Breaking Down Barriers, and within the
testimony of our Chief Economist, Dr. Karin Kimbrough, at the
House Education and Workforce Committee's hearing on
``Competencies Over Degrees: Transitioning to a Skills-Based
Economy'' in June.
We're proud to have recommended a number of provisions in
our work with the Committee that can expand talent pools and
get more Americans to work. Specifically, this includes
language to allow both State and local funds to be used to
carry out technical assistance for the use and validation of
employment assessments as well as the creation of skills-
based job descriptions. This support, which may be provided
through a variety of intermediaries, is critical to help
employers who are often interested in implementing skills-
based hiring but do not have the tools and resources to do
so.
Linkedln is also a strong supporter of leveraging the skill
assessments currently required under WIOA. We are pleased to
see the expansion of career services to support competency-
based assessments that leverage prior work experience,
military service, and education to accelerate time to
employment. Furthermore, we support funds being used by
States (including in partnership with other States) for the
development and implementation of new skill assessments.
We are excited to see that the majority of funds will go
toward individual training accounts and employer-driven
training, alongside increases to the current caps on
incumbent worker training for new streams of funding at the
State and local levels, which will support employer-driven
upskilling.
Finally, we have advocated for sector partnerships in
carrying out work-based learning opportunities, which are
also included in the bin. This provides new opportunities for
the creation of a fund to support performance-based payments
to employers and sector partnerships, to support new or
existing employees in upleveling skills for in-demand
industries and occupations.
A Stronger Workforce for America Act is a significant step
forward to transform how we prepare the U.S. workforce for
the jobs of the future and more efficiently and equitably
match talent to opportunity.
We applaud your bipartisanship on this issue and look
forward to continuing our work with you to advance this
legislation.
Sincerely,
Blake Lawit,
Senior Vice President and General Counsel.
Mrs. HAYES. Mr. Speaker, I urge my colleagues to support this
bipartisan bill, which will help youth get back on the right track.
Ms. FOXX. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Georgia (Mr. Allen).
Mr. ALLEN. Mr. Speaker, I thank the gentlewoman from North Carolina
and our chairman of the Committee on
[[Page H2226]]
Education and the Workforce for giving me this opportunity to rise in
support of H.R. 6655, the bipartisan A Stronger Workforce for America
Act.
Having built a small business from the ground up, I have experienced
firsthand just how hard it can be to find skilled and qualified
workers. As I traveled the 12th District of Georgia, the number one
issue I hear about from businessowners and job creators is workforce
development.
That is why, with nearly 9 million unfilled jobs across the Nation,
it is imperative we move past the status quo and recognize that many
good-paying jobs do not require a traditional 4-year college degree.
H.R. 6655 will make much-needed improvements to the Workforce
Innovation and Opportunity Act to ensure Federal dollars are dedicated
to upskilling the workforce and making the shift to skills-based
hiring.
Additionally, I am proud that provisions from my Startup Act were
included in this critical legislation to incorporate entrepreneurial
skills development training into the current workforce development
system.
One of the greatest honors of my life has been the ability to provide
hardworking Americans with the dignity and respect that comes from
gainful employment and the means to provide for their families, their
communities, their church, and this Nation.
The traditional working family is the greatest economic engine ever
created. By bridging the gap between the education and business
communities, we can equip our workforce with the tools needed to spark
innovation, spur economic growth, and achieve the American Dream.
Mr. Speaker, I urge support for this bipartisan A Stronger Workforce
for America Act.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I recognize the fact that we received a letter from ITI
in support of the legislation, the Information Technology Industry
Council.
They point out that the bill will help many workers obtain the skills
needed for today's jobs by increasing the cap on incumbent worker
training funds to allow the current workforce to reskill and upskill
and directs 50 percent of the funds toward workforce skill education
through the individual training accounts, on-the-job training and
employer-led initiatives, as well as including digital literacy skills,
which play a pivotal role in today's jobs.
Mr. Speaker, I include in the Record a letter from ITI.
ITI,
April 8, 2024.
Hon. Mike Johnson,
Speaker, House of Representatives,
Washington, DC.
Hon. Hakeem Jeffries,
Democratic Leader, House of Representatives,
Washington, DC.
Dear Speaker Johnson and Leader Jeffries: I write to you on
behalf of The Information Technology Industry Council (ITI),
the premier global advocate for technology, representing
eighty of the world's most innovative companies. Founded in
1916, ITI is an international trade association with a team
of professionals on four continents. We promote public
policies and industry standards that advance competition and
innovation worldwide. The world's most innovative companies
depend on the skills of highly trained workers. Finding
qualified individuals to fill those jobs is a challenge. For
the United States' economy to remain competitive, it is
important to have a qualified, skilled workforce to meet the
demands of today's jobs.
I write to express our support for the bipartisan H.R. 6655
A Stronger Workforce for America Act led by Chairwoman
Virginia Foxx (R-NC-05) and Ranking Member Bobby Scott (D-VA-
03). The legislation is thoughtfully crafted as it addresses
the need for Americans to have greater access to skills
training and education for advancing in their careers. The
legislation is timely as it has been nearly 10 years since
the Workforce Innovation and Opportunity Act (WIOA) was
enacted, and today's workforce needs have grown and evolved
significantly since that time. H.R. 6655 would help many
workers obtain the skills needed for today's jobs by
increasing the cap on `incumbent worker training' funds to
allow more of the current workforce to reskill and upskill,
directing 50 percent of funds toward workforce skilling
education through Individual Training Accounts (ITAs), on-
the-job training, and employer-led initiatives, as well as
including digital literacy skills which play a pivotal role
in today's jobs.
We applaud the bipartisan leadership that has gone into
passing this legislation through the committee and we urge
its swift passage through the House. Thank you in advance for
your consideration and commitment to addressing the United
States' workforce needs.
Sincerely,
Jason Oxman,
President and CEO, Information
Technology Industry Council (ITI).
Mr. SCOTT of Virginia. Mr. Speaker, I reserve the balance of my time.
Ms. FOXX. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Pennsylvania (Mr. Smucker).
Mr. SMUCKER. Mr. Speaker, I rise today in strong support of H.R.
6655, A Stronger Workforce for America Act.
I was very pleased to see this move out of the Education and the
Workforce Committee in a bipartisan manner. I congratulate Ranking
Member Scott and Chairwoman Foxx for putting this bill on the floor
today.
This bill is a big priority not only of mine, but for the district
that I represent, for employers in the district there, and will help
many workers achieve a better life through connection with a great job
and a great career.
Mr. Speaker, I mention several things in the bill that are important
to my constituents. One, reducing red tape to help qualified training
providers have access to the Eligible Training Provider List, through
which they can receive WIOA funding.
Additionally, this bill includes significant portions of my
bipartisan bill to codify and strengthen the reentry program, which
helps those exiting the justice system find stable employment and
reintegrate into their communities.
The bill before us today also includes a piece of legislation that I
co-led with Mr. Moran of Texas, which allows in-school youth to access
individualized training accounts, through which they can participate in
training programs and get a jump start on their careers.
Finally, H.R. 6655 clarifies that online training providers are
eligible to participate in WIOA, as long as they meet rigorous outcome
requirements.
The A Stronger Workforce for America Act includes meaningful reforms
that will make the WIOA system more impactful and would develop a new
generation of workers who can meet the economic needs of our
communities.
Mr. SCOTT of Virginia. Mr. Speaker, I reserve the balance of my time.
Ms. FOXX. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Utah (Mr. Owens), chairman of the Higher Education and Workforce
Development Subcommittee.
Mr. OWENS. Mr. Speaker, I rise in support of the A Stronger Workforce
for America Act.
The original Workforce Innovation and Opportunity Act, WIOA, was
created to enhance our country's workforce development by streamlining
a complex Federal program.
Unfortunately, it has not proved efficient. We all know that the
economy is presently in bad shape. Employers continue to struggle to
fill open positions. America needs an upskilled and reskilled workforce
to compete in a constantly changing world.
WIOA was supposed to tackle this issue. To do so requires reform. A
Stronger Workforce for America Act does just that. It works to upskill
our workforce and puts employers in the driver's seat. It also gives
State and local workforce boards a real opportunity to innovate within
their systems, to include my One Door to Work Act.
This legislation, which duplicates the successful Utah model,
encourages integration of workforce and safety net programs to create
one door that will lift workers out of poverty into careers.
Though innovation is a word included in the name WIOA, in practice,
it is lacking. The One Door to Work Act language allows innovation to
be part of the WIOA. It empowers State and local leaders to innovate in
pursuit of better outcomes. Innovation leads our Nation forward. We
need to embrace that in WIOA and pass A Stronger Workforce for America
Act.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I recognize the letter that we received from the
California Youth Opportunity Network.
They say: ``This reauthorization will improve numerous training
services, planning, and outcomes for opportunity youth, and we
respectfully urge
[[Page H2227]]
timely consideration of this bipartisan legislation on the floor of the
House.''
They go on to say: ``We should not be turning away a young person
trying to work toward a better future because of paperwork. For this
reason, we are also extremely supportive of the provision which
streamlines the eligibility determination process.''
Mr. Speaker, I include in the Record a letter from COYN of April 1,
2024.
April 1, 2024.
Hon. Virginia Foxx,
Chairwoman, House Committee on Education and Workforce,
Washington, D.C.
Hon. Bobby Scott,
Ranking Member, House Committee on Education and Workforce,
Washington, D.C.
Dear Chairwoman Foxx and Ranking Member Scott: We write to
express our support for passage of H.R. 6655, A Stronger
Workforce for America Act to reauthorize the Workforce
Innovation and Opportunity Act (WIOA) through the US House of
Representatives. WIOA is critical for organizations like the
California Opportunity Youth Network (COYN) and New Ways to
Work (NWW) to help disconnected youth achieve self-sufficient
and successful career outcomes. This reauthorization will
improve numerous training services, planning, and outcomes
for Opportunity Youth and we respectfully urge timely
consideration of this bipartisan legislation on the floor of
the House. We also urge your commitment to ensure adequate
resources are authorized and appropriated in the future to
meet demands for services and resources can more efficiently
be used.
COYN and NWW are committed to advancing opportunities for
youth who are out of school and out of work and/or involved
with the foster care, juvenile justice, and youth
homelessness systems. That's why we are pleased to see
language in the new WIOA reauthorization bill that broadens
WIOA Youth Program eligibility to include all out-of-school,
homeless, foster, and justice system-impacted youth. These
are young people we know through research will face barriers
and are at-risk right now.
Accessing WIOA for systems-involved youth can also be
challenging, especially if they are concurrently pursuing
their education goals. Replacing the definition of ``out-of-
school youth'' with ``Opportunity Youth'' and categorically
including systems-involved youth will allow job training
providers to better meet their goals and encourages state and
local workforce boards to develop service delivery systems to
better reach and serve this population.
We also know the existing documentation requirements to
prove eligibility represents a major barrier in accessing
WIOA programs and services, especially for Qpportunity Youth
and systems-involved youth who typically lack access to the
necessary forms. We should not be turning away a young person
trying to work toward a better future because of paperwork.
For this reason, we are also extremely supportive of the
provision which streamlines the eligibility determination
process by allowing youth to self-attest that they meet the
eligibility criteria while still ensuring accountability and
eligibility in the future.
Finally, the bill would also require state WIOA plans to
increase their focus on Opportunity Youth and other at-risk
young people. We support this effort to encourage states to
not just develop and submit compliance plans but to truly
produce a strategic vision and plan for serving Opportunity
Youth, through WIOA and other programs, and understanding
their circumstances and needs.
H.R. 6655, A Stronger Workforce for America Act was
approved by the committee with wide bipartisan support.
Passing this bill through the House is a critical step to
build upon WIOA's strong foundation and make efficiency
improvements, along with new flexibilities that will ensure
better outcomes for states, workforce boards, training
providers and more importantly the millions of young people
who could be helped on their pathways to careers.
We look forward to working with you and your staff to
support this legislation as it moves to the House floor and
to ensure adequate appropriations are provided to the
programs in the future. We again support passage of H.R. 6655
through the House and thank you for your work on advancing
bipartisan legislation.
Sincerely,
Sean Hughes,
California Opportunity Youth Network.
Robert Sainz,
New Ways to Work.
Mr. SCOTT of Virginia. Mr. Speaker, I reserve the balance of my time.
Ms. FOXX. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Texas (Mr. Moran).
Mr. MORAN. Mr. Speaker, I thank Chairwoman Foxx and Ranking Member
Scott for introducing H.R. 6655, A Stronger Workforce for America Act.
This bipartisan legislation will address the workforce needs of our
industries by making necessary updates to the Workforce Innovation and
Opportunity Act, also known as WIOA.
This bill accomplishes much but let me highlight four important
areas.
First, this bill ensures that 50 percent of adult and dislocated
worker funding goes toward upskilling workers.
Second, this bill strengthens the current workforce education
programs at community colleges so that educational programs are tied to
the needs and demands of the communities, businesses, and the free
market.
Third, this bill heightens accountability for the use of these funds
and is more outcome based while reducing the bureaucracy of typical
government programs.
Fourth, this bill includes my Building Youth Workforce Skills Act,
which provides eligible in-school youth access to individual training
accounts for a wide range of educational programs. This creates more
opportunities for youth as they look to develop their skills in a way
that is aligned with their passions and that is also relevant to
business.
It is critical that we provide workers access to workforce
development and training programs that find the sweet spot between the
needs of businesses and the skills of their workers. H.R. 6655 does
just that, and it brings greater accountability and value to the
taxpayers.
Mr. Speaker, for these reasons and many more, I urge my colleagues to
support this important piece of legislation.
Mr. SCOTT of Virginia. Mr. Speaker, I yield 5 minutes to the
gentlewoman from Ohio (Ms. Kaptur), a senior member of the
Appropriations Committee.
Ms. KAPTUR. Mr. Speaker, I thank Ranking Member Scott for his
unyielding and inspired leadership on this critical jobs training bill
and for yielding me time. What America makes and grows, makes and grows
America.
I urge my colleagues to support this bipartisan reauthorization. The
A Stronger Workforce for America Act legislation is a pivotal measure
for workers across America. Particularly in regions like mine, the
outsourcing of manufacturing jobs has left profound scars, especially
the loss of real American wealth within our borders. That is the
ability to feed, clothe, educate, transport, heal, and supply our
people inside our borders and not become dependent on any outside force
for the energy that fuels us or the clothing we wear.
This reauthorization makes critical investments in skilled training
opportunities, and it bolsters vital apprenticeship funding. It paves
the way for individuals to gain the necessary skills to thrive in
today's rapidly evolving job market.
I am heartened by the enthusiasm that I witness in the aspiring
generation to build forward skills inside America's borders that
sustain the Nation itself.
Apprenticeship opportunities play a crucial role in restoring
American job training capacity through focused hands-on experience,
mentorship, and specialized skills development. Imagine our Nation
unleashing the potential power of America's full capacity here at home.
In the heartland region, where NAFTA dealt a body blow to
manufacturing jobs, I have committed a great deal of my service to help
create new jobs for northwest and northern Ohio in steel, automotive,
agriculture, food processing, technology, and so much more.
Apprenticeship programs offer a pathway to revitalizing our workforce
and rebuilding our communities. With the historic job boom of over 15
million jobs created under the Biden administration, compared to the
loss of nearly 3 million jobs under the prior administration, the
importance of job training initiatives cannot be overstated.
By investing in our Nation's future workers and retraining the
current workforce, we not only empower individuals to succeed, but we
also lay a stronger foundation for our Nation's economy here at home,
real wealth--not virtual wealth, real wealth.
Prioritizing workforce development means good-paying jobs for
steelworkers, railroad workers, autoworkers, skilled mechanics, leather
workers, carpenters, plumbers, joiners, and fitters, and members of our
building trades. Let's lift up the talents of our people and teach
these precious skills.
We will ensure that every American has the opportunity to contribute
to
[[Page H2228]]
and benefit from the prosperity of our Nation. Let's build more houses.
Let's build more American cars. Let's make more American products.
Let's tap into the vital creativity that is the heart of innovation and
growth in this economy.
Let's educate. Let's reeducate. Let's train.
Mr. Speaker, what America makes and grows, makes and grows America.
Ms. FOXX. Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from
Indiana (Mrs. Houchin).
Mrs. HOUCHIN. Mr. Speaker, I rise today in support of the A Stronger
Workforce for America Act, a critical piece of legislation that
addresses the pressing needs of our workforce development system.
I thank Chairwoman Foxx and Ranking Member Scott for their work on
this bipartisan legislation and for their responsiveness to the input
from Members of the Education and the Workforce Committee.
I am especially proud that this reauthorization includes my language
that addresses a concerning gap in our current workforce funding
mechanisms. As included in A Stronger Workforce for America Act, my
provision specifically amends the distribution of Federal dollars,
allowing States to reallocate funds as performance incentives to
workforce boards that have either met or exceeded their performance
targets.
Additionally, recaptured funds that are awarded as performance
incentives are not subject to the 50 percent training requirement that
applies to the adult and dislocated worker programs.
{time} 1745
This will help entities who are meeting their targets reinvest in
programs that work.
It also ensures that our taxpayer dollars are effectively allocated
to entities that are best serving our communities and helping
individuals access the skills and education they need for meaningful
employment.
I am proud to have been involved in the drafting of this version of
the Stronger Workforce for America Act as it enhances accountability,
quality, and efficiency within our workforce system, ensuring that
taxpayer dollars are used effectively.
Mr. Speaker, I urge all my colleagues to support this legislation.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself the balance of my
time to close.
Mr. Speaker, the last Congress, we tried to get together on a
reauthorization of WIOA, but we couldn't come to an agreement. We
passed the bill. It didn't pass the Senate.
I am pleased that this Congress, Chairwoman Foxx and I and the
committee's staff were able to get together and work together on a
bipartisan draft of the Stronger Workforce for America Act.
I am grateful that the committee staff, particularly Scott Estrada
and Marek Laco, spent countless hours drafting this legislation.
This bill is an example of the great work that can get done when we
work together, so I urge my colleagues to support the legislation,
which will meaningfully strengthen our workforce.
Mr. Speaker, I yield back the balance of my time.
Ms. FOXX. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, again, I thank Ranking Member Scott for his good work on
this, as well as the staff on his side who have worked so diligently on
this as well as the Members on the other side of the aisle.
Fighting on behalf of American workers has been one of the great
privileges of my time leading the Committee on Education and the
Workforce. In fact, it has been one of the great privileges of my
entire career.
Mr. Speaker, I thank each staff member who has undertaken this duty
with me over the years and especially on this bill.
There is an unsung army behind me that equals every bit of my passion
for the American worker. Together, we hammered out the details of this
bill the old-fashioned way. This is a product of negotiation and
compromise, and it is a welcomed sight.
Mr. Speaker, I include in the Record letters of support from many
organizations, including the Business Roundtable, Americans for
Prosperity, and Associated Builders and Contractors.
Americans for Prosperity,
April 8, 2024.
Dear Member of Congress: On behalf of more than 3 million
Americans for Prosperity activists across all 50 states, I
write in support of H.R. 6655, the Stronger Workforce for
America Act. This bipartisan legislation represents a
significant step forward in reforming our Nation's workforce
development system. Since the enactment of the Workforce
Innovation and Opportunity Act (WIOA) in 2014, our economy
and labor market have evolved dramatically. However, the
existing framework has struggled to keep pace with these
changes. H.R. 6655 addresses many of these gaps, offering
innovative marketplace solutions that are crucial for both
economic growth and individual prosperity while reducing
governmental inefficiency and interference.
Specifically, the Stronger Workforce for America Act
emphasizes the importance of upskilling and reskilling
workers by allocating substantial funds towards individual
training accounts (ITAs), on-the-job learning opportunities,
and employer-led initiatives and less on the system's
bureaucracy--shifting misallocated taxpayer money away from
unaccountable and irrelevant programs. This focus on
enhancing individuals' skills aligns with our commitment to
fostering economic freedom and ensuring competitiveness in
today's job market by strengthening labor force
participation. This bill takes important steps to empower
states to pilot One Door to Work reforms to assist working-
age Americans re-enter the workforce more effectively by
integrating workforce development and safety net programs
while reducing the burden on taxpayers. Additionally, the
bill strengthens the connection between employers and workers
through enhanced employer involvement and industry-relevant
upskilling programs. By fostering collaboration between
employers and education providers, the bill ensures that
workforce programs align with the current labor market
demands, facilitating individuals' access to meaningful
careers.
Furthermore, the bill introduces measures to improve
accountability and quality in workforce programs by
implementing reforms in program evaluation and performance
indicators. This emphasis on accountability and results is
essential for building a more efficient and effective
workforce development system that reduces the governmental
footprint and propels individuals towards self-sufficiency.
Additionally, the bill prioritizes modernization and
innovation by emphasizing digital literacy, virtual services,
and skills-based hiring practices, reflecting a forward-
thinking approach that aligns training programs with the
realities of the 21st-century workplace. This includes
pathways for ex-offenders to re-integrate into their
communities.
H.R. 6655 is a blueprint for a more dynamic workforce where
the private sector and education providers rather than
government are empowered to meet the needs of America's
workers and employers. We urge you to support this bill,
recognizing its potential to significantly contribute to a
stronger, more resilient, and more prosperous America.
Sincerely
Brent Gardner,
Chief Government Affairs Officer.
____
April 8, 2024.
Hon. Mike Johnson,
Speaker, House of Representatives,
Washington, DC.
Hon. Hakeem Jeffries,
Democratic Leader, House of Representatives,
Washington, DC.
Dear Speaker Johnson and Leader Jeffries: The Skills First
Coalition, a consortium of employers and innovative education
providers advocating to advance policies that invest in and
strengthen the alignment between education and skills
training for in-demand jobs, is writing today to express our
strong support for the bipartisan H.R. 6655, A Stronger
Workforce for America Act, and urges its swift passage.
As a Coalition, we believe Congress must do more to
recognize and equalize many non-traditional ways that workers
and learners obtain in-demand skills and secure good paying
jobs. We are encouraged H.R. 6655 takes significant steps
toward these goals, including:
Directing no less than 50 percent of funds toward workforce
skills education, ensuring our workforce system focuses on
its primary goal of providing learners with in-demand
occupational skills needed to compete in today's labor
market.
Promoting employer-led learning models, better linking
education to work.
Incentivizing states to expand the adoption of skills-based
hiring and learning that reward an individual's competencies,
knowledge, and prior work experience.
Increasing the cap on incumbent worker training, helping
our current workforce to reskill and upskill so they can
remain competitive.
Including digital literacy as a foundational skill to
better align with an ever-changing economy.
Encouraging states to streamline access to the Eligible
Training Provider List and offer reciprocity among each other
to ensure more individuals access high-quality education
providers.
Promoting better access to centralized data tools,
including state wage records and the National Directory of
New Hires, to
[[Page H2229]]
measure outcomes consistently, reliably, accurately, and in
real-time.
Allowing high-quality in-person, online, and hybrid
learning models that individuals can access in a variety of
flexible and innovative ways.
We commend the House Committee on Education and the
Workforce for favorably reporting this bipartisan bill on
December 12, 2023, and urge you to vote YES on the House
floor. America's learners, workers, and employers deserve a
workforce system that keeps pace with technological
advancements demanded in the workplace and is accountable,
flexible, and innovative in its delivery of high-quality
learning.
Sincerely,
The Skills First Coalition, IBM Corporation, Cengage Group,
American Trucking Associations, Autos Drive America, Chegg,
CompTIA, HP Inc., International Paper, Linkedln, National
University, Presidents Forum, Randstad, Retail Industry
Leaders Association (RILA), Semiconductor Industry
Association (SIA), Society for Human Resource Management
(SHRM), Western Governors University.
____
Associated Builders and
Contractors,
April 8, 2024.
House of Representatives,
Washington, DC.
Dear Representative: On behalf of Associated Builders and
Contractors, a national construction industry trade
association with 68 chapters representing more than 23,000
members, I write in support of H.R. 6655, A Stronger
Workforce for America Act. This bipartisan legislation
reauthorizes the Workforce Innovation and Opportunity Act for
the first time in nearly a decade and promotes America's
economic competitiveness.
Since its passage in 1998, WIOA has been a crucial asset to
the construction industry, aiding in securing funds for
workforce development efforts and assisting those seeking new
jobs and employment. However, since WIOA's bipartisan
reauthorization in 2014, the construction industry has faced
new challenges and a workforce shortage that has left many
contractors throughout the country in desperate need of
qualified, skilled craft professionals. To ensure the
workforce is equipped to meet industry demand, ABC is
committed to pursuing policies and legislation like H.R. 6655
that address these unique challenges. Most critically for ABC
and our members, H.R. 6655:
Supports an all-of-the-above approach to work-based
learning, including employer-led and on-the-job workforce
upskilling programs and opportunities;
Ensures more dollars are directed toward tangible worker
programs by dedicating 50 percent of the adult and dislocated
worker funding for upskilling workers through individual
training accounts on-the-job learning and other employer-led
and industry-relevant initiatives;
Streamlines the ``eligible training provider list'' to
ensure programs are aligned with in-demand jobs and the needs
of employers to ensure better jobs and workforce
opportunities;
Allows for better evaluation of program success to ensure
job seekers obtain the skills they need and safeguard
valuable taxpayer dollars; and
Improves the efficiency and effectiveness of workforce
programs by increasing the cap from 10 percent to 60 percent
on the amount of funds a local board may use on pay-for-
performance contracts.
ABC supports an all-of-the-above approach to workforce
development that levels the playing field for apprenticeship
programs not registered under the U.S. Department of Labor.
ABC urges you to support H.R. 6655 and the efforts of this
reauthorization to seek true modernization and bipartisan
input to support WIOA's success.
Sincerely,
Kristen Swearingen,
Vice President, Legislative & Political Affairs.
____
Business Roundtable,
April 8, 2024.
Dear Representative: On behalf of the CEO members of
Business Roundtable, I urge you to vote for H.R. 6655, A
Stronger Workforce for America Act, which would modernize the
Workforce Innovation and Opportunity Act (WIOA). Improving
how the federal government invests in workforce development
will better prepare U.S. workers for in-demand careers;
enable businesses to more readily fill the nearly nine
million open jobs with skilled workers; and advance recent
federal investments in industries key to strengthening U.S.
economic growth and competitiveness.
The public workforce development system is not keeping up
with the economy. The system is inefficient, ineffective and
too cumbersome to use at scale. Too few Americans--
particularly those with employment barriers--can access
needed training, and too few businesses utilize the system as
a solution to evolving workforce needs.
A Stronger Workforce for America Act would help address
these shortcomings. For example, it would dedicate no less
than 50 percent of WIOA adult and dislocated worker funding
toward upskilling workers through individual training
accounts, on-the-job learning and other industry-led
training. The bill would promote employer-driven training
programs that equip workers with the skills for fulfilling
careers. Through increased flexibility, it would empower
states to structure workforce systems that meet their needs.
These important reforms would enable business leaders to work
with public and private stakeholders at the state, regional,
and local levels to benefit workers and communities and drive
economic growth.
Business Roundtable urges you to support A Stronger
Workforce for America Act. Congress can create a workforce
development system that expands opportunity for all and helps
American workers tackle the challenges of today and tomorrow.
We remain committed to working with you to build this ever-
ready U.S. workforce.
Sincerely,
Scott Kirby,
Chief Executive Officer, United Airlines, Chair, Education
and Workforce Committee, Business Roundtable.
Ms. FOXX. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from North Carolina (Ms. Foxx) that the House suspend the
rules and pass the bill, H.R. 6655, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. FOXX. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________