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118th Congress } { Rept. 118-444
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
A STRONGER WORKFORCE FOR AMERICA ACT
_______
April 5, 2024.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Ms. Foxx, from the Committee on Education and the Workforce, submitted
the following
R E P O R T
[To accompany H.R. 6655]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 6655) to amend and reauthorize the
Workforce Innovation and Opportunity Act, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 for statewide activities.
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.
Sec. 143. Use of funds for employment and training activities.
Chapter 4--Authorization of Appropriations
Sec. 145. Authorization of appropriations.
Subtitle D--Job Corps
Sec. 151. Purposes.
Sec. 152. Definitions.
Sec. 153. Individuals eligible for the Job Corps.
Sec. 154. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 155. Job Corps Campuses.
Sec. 156. Program activities.
Sec. 157. Support.
Sec. 158. Operations.
Sec. 159. Standards of conduct.
Sec. 160. Community participation.
Sec. 161. Workforce councils.
Sec. 162. Advisory committees.
Sec. 163. Experimental projects and technical assistance.
Sec. 164. Special provisions.
Sec. 165. Management information.
Sec. 166. Job Corps oversight and reporting.
Sec. 167. Authorization of appropriations.
Subtitle E--National Programs
Sec. 171. Native American programs.
Sec. 172. Migrant and seasonal farmworker programs.
Sec. 173. Technical assistance.
Sec. 174. Evaluations and research.
Sec. 175. National dislocated worker grants.
Sec. 176. YouthBuild Program.
Sec. 178. Reentry employment opportunities.
Sec. 179. Strengthening community colleges grant program.
Sec. 180. Authorization of appropriations.
Subtitle F--Administration
Sec. 191. Requirements and restrictions.
Sec. 192. General waivers of statutory or regulatory requirements.
Sec. 193. State innovation demonstration authority.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Authorization of appropriations.
Sec. 204. Special rule.
Sec. 205. Performance accountability system.
Sec. 206. Matching requirement.
Sec. 207. State leadership activities.
Sec. 208. Programs for corrections education and other
institutionalized individuals.
Sec. 209. Grants and contracts for eligible providers.
Sec. 210. Local application.
Sec. 211. Local administrative cost limits.
Sec. 212. National leadership activities.
Sec. 213. Integrated English literacy and civics education.
TITLE III--AMENDMENTS TO OTHER LAWS
Sec. 301. Amendments to the Wagner-Peyser Act.
Sec. 302. Job training grants.
Sec. 303. Access to National Directory of New Hires.
SEC. 2. EFFECTIVE DATE; TRANSITION AUTHORITY.
(a) Effective Date.--This Act, and the amendments made by this Act,
shall take effect on the first date of the first program year (as
determined under the Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.)) that begins after the date of enactment of this
Act.
(b) Transition Authority.--
(1) In general.--The Secretary of Labor and the Secretary of
Education shall have the authority to take such steps as are
necessary before the effective date of this Act to provide for
the orderly implementation on such date of the amendments to
the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.) made by this Act.
(2) Conforming amendments.--Section 503 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3343) is repealed
(and by striking the item relating to such section in the table
of contents of such Act).
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--General Provisions
SEC. 101. DEFINITIONS.
(a) Foundational Skill Needs.--Section 3(5) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(5)) is amended to read
as follows:
``(5) Foundational skill needs.--The term `foundational skill
needs' means, with respect to an individual who is a youth or
adult, that the individual--
``(A) has English reading, writing, or computing
skills at or below the 8th-grade level on a generally
accepted standardized test; or
``(B) is unable to compute or solve problems, or
read, write, or speak English, or does not possess
digital literacy skills, at a level necessary to
function on the job, in the individual's family, or in
society.''.
(b) Employer-Directed Skills Development.--Section 3(14) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102(14)) is
amended to read as follows:
``(14) Employer-directed skills development.--The term
`employer-directed skills development' means a program--
``(A) that is selected or designed to meet the
specific skill demands of an employer (including a
group of employers);
``(B) that is conducted pursuant to the terms and
conditions established under an employer-directed
skills agreement described in section 134(c)(3)(I),
including a commitment by the employer to employ an
individual upon successful completion of the program;
and
``(C) for which the employer pays a portion of the
cost of the program, as determined by the local board
involved, which shall not be less than--
``(i) 10 percent of the cost, in the case of
an employer with 50 or fewer employees;
``(ii) 25 percent of the cost, in the case of
an employer with more than 50, but fewer than
100 employees; and
``(iii) 50 percent of the cost, in the case
of an employer with 100 or more employees.''.
(c) Dislocated Worker.--Section 3(15)(E)(ii) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(15)(E)(ii)) is amended
by striking ``who meets the criteria described in paragraph (16)(B)''
and inserting ``who meets the criteria described in subparagraph (B) of
the definition of the term `displaced homemaker' in this section''.
(d) Displaced Homemaker.--Section 3(16) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102(16)) is amended, in the matter
preceding subparagraph (A), by striking ``family members'' and
inserting ``a family member''.
(e) Eligible Youth.--Section 3(18) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(18)) is amended by striking ``out-of-
school'' and inserting ``opportunity''.
(f) English Learner.--Section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) is further amended--
(1) in paragraph (21)--
(A) in the heading, by striking ``language''; and
(B) by striking ``language''; and
(2) in paragraph (24)(I), by striking ``language''.
(g) Justice-Involved Individual.--Section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102) is further amended--
(1) in paragraph (24), by amending subparagraph (F) to read
as follows:
``(F) Justice-involved individuals.''; and
(2) in paragraph (38)--
(A) in the heading, by striking ``Offender'' and
inserting ``Justice-involved individual''; and
(B) in the matter preceding subparagraph (A), by
striking ``offender'' and inserting ``justice-involved
individual''.
(h) Opportunity Youth.--Section 3(46) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(46)) is amended--
(1) in the heading, by striking ``Out-of-school'' and
inserting ``Opportunity''; and
(2) by striking ``out-of-school'' and inserting
``opportunity''.
(i) Pay-for-Performance Contract Strategy.--Section 3(47) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102(47)) is
amended to read as follows:
``(47) Pay-for-performance contract strategy.--The term `pay-
for-performance contract strategy' means a specific type of
performance-based acquisition that uses pay-for-performance
contracts in the provision of services described in paragraph
(2) or (3) of section 134(c) or activities described in section
129(c)(2), and includes--
``(A) contracts, each of which--
``(i) shall specify a fixed amount that will
be paid to an eligible service provider (which
may include a local or national community-based
organization or intermediary, community
college, or other provider) based on the
achievement of specified levels of performance
on the primary indicators of performance
described in section 116(b)(2)(A) for target
populations as identified by the local board
(including individuals with barriers to
employment), within a defined timetable;
``(ii) may not be required by the Secretary
to be informed by a feasibility study; and
``(iii) may provide for bonus payments to
such service provider to expand capacity to
provide effective training;
``(B) a strategy for validating the achievement of
the performance described in subparagraph (A); and
``(C) a description of how the State or local area
will reallocate funds not paid to a provider because
the achievement of the performance described in
subparagraph (A) did not occur, for further activities
related to such a procurement strategy, subject to
section 189(g)(4).''.
(j) Rapid Response Activity.--Section 3(51) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(51)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, through a rapid response unit'' after ``designated by a
State'';
(2) in subparagraph (B), by inserting before the semicolon at
the end the following: ``, including individual training
accounts for eligible dislocated workers under section 414(c)
of the American Competitiveness and Workforce Improvement Act
of 1998 (29 U.S.C. 3224a)'';
(3) in subparagraph (D), by striking ``and'' at the end;
(4) by redesignating subparagraph (E) as subparagraph (F);
(5) by inserting after subparagraph (D) the following new
subparagraph:
``(E) assistance in identifying employees eligible
for assistance, including workers who work a majority
of their time off-site or remotely;'';
(6) in subparagraph (F), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(7) by adding at the end the following:
``(G) business engagement or layoff aversion
strategies and other activities designed to prevent or
minimize the duration of unemployment, such as--
``(i) connecting employers to short-term
compensation or other programs designed to
prevent layoffs;
``(ii) conducting employee skill assessment
and matching programs to different occupations;
``(iii) establishing incumbent worker
training or other upskilling approaches,
including incumbent worker upskilling accounts
described in section 134(d)(4)(E);
``(iv) facilitating business support
activities, such as connecting employers to
programs that offer access to credit, financial
support, and business consulting; and
``(v) partnering or contracting with
business-focused organizations to assess risks
to companies, and to propose, implement, and
measure the impact of strategies and services
to address such risks.''.
(k) Vocational Rehabilitation Program.--Section 3(64) of the
Workforce Innovation and Opportunity Act (20 U.S.C. 3102(64)) is
amended by striking ``under a provision covered under paragraph
(13)(D)'' and inserting ``under a provision covered under subparagraph
(D) of the definition of the term `core program provision' under this
section''.
(l) New Definitions.--Section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) is further amended--
(1) by adding at the end the following:
``(72) Co-enrollment.--The term `co-enrollment' means
simultaneous enrollment in more than one of the programs or
activities carried out by a one-stop partner in section
121(b)(1)(B).
``(73) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 203.
``(74) Evidence-based.--The term `evidence-based', when used
with respect to an activity, service, strategy, or
intervention, means an activity, service, strategy, or
intervention that--
``(A) demonstrates a statistically significant effect
on improving participant outcomes or other relevant
outcomes based on--
``(i) strong evidence from at least 1 well-
designed and well-implemented experimental
study;
``(ii) moderate evidence from at least 1
well-designed and well-implemented quasi-
experimental study; or
``(iii) promising evidence from at least 1
well-designed and well-implemented
correlational study with statistical controls
for selection bias; or
``(B)(i) demonstrates a rationale based on high-
quality research findings or positive evaluation that
such activity, strategy, or intervention is likely to
improve student outcomes or other relevant outcomes;
and
``(ii) includes ongoing efforts to examine the
effects of such activity, service, strategy, or
intervention.
``(75) Labor organization.--The term `labor organization' has
the meaning given the term in section 2(5) of the National
Labor Relations Act (29 U.S.C. 152(5)).
``(76) Work-based learning.--The term `work-based learning'
has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).''; and
(2) by reordering paragraphs (1) through (71), as amended by
this section, and the paragraphs added by paragraph (1) of this
subsection in alphabetical order, and renumbering such
paragraphs as so reordered.
SEC. 102. TABLE OF CONTENTS AMENDMENTS.
The table of contents in section 1(b) of the Workforce Innovation and
Opportunity Act is amended--
(1) by redesignating the item relating to section 172 as
section 174;
(2) by inserting after the item relating to section 171, the
following:
``Sec. 172. Reentry employment opportunities.
``Sec. 173. Strengthening community colleges workforce development
grants program.''; and
(3) by striking the item relating to section 190 and
inserting the following:
``Sec. 190. State innovation demonstration authority.''.
Subtitle B--System Alignment
CHAPTER 1--STATE PROVISIONS
SEC. 111. STATE WORKFORCE DEVELOPMENT BOARD.
Section 101(b)(1)(C)(ii)(IV) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3112(b)(1)(C)(ii)(IV)) is amended by
striking ``out-of-school youth'' and inserting ``opportunity youth''.
SEC. 112. UNIFIED STATE PLAN.
Section 102 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3112) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (C)
through (E) as subparagraphs (D) through (F),
respectively;
(ii) by inserting the following after
subparagraph (B):
``(C) a description of--
``(i) how the State will use real-time labor
market information to continually assess the
economic conditions and workforce trends
described in subparagraphs (A) and (B); and
``(ii) how the State will communicate changes
in such conditions or trends to the workforce
system in the State;'';
(iii) in subparagraph (D), as so
redesignated, by inserting ``the extent to
which such activities are evidence-based,''
after ``of such activities,'';
(iv) in subparagraph (E), as so redesignated,
by striking ``and'' at the end;
(v) in subparagraph (F), as so redesignated,
by striking the period at the end and inserting
a semicolon; and
(vi) by adding at the end the following:
``(G) a description of any activities the State is
conducting to expand economic opportunity for
individuals and reduce barriers to labor market entry
by--
``(i) developing, in cooperation with
employers, education and training providers,
and other stakeholders, statewide skills-based
initiatives that promote the use of
demonstrated skills and competencies as an
alternative to the exclusive use of degree
attainment as a requirement for employment or
advancement in a career; and
``(ii) evaluating the existing occupational
licensing policies in the State and identifying
potential changes to recommend to the
appropriate State entity to--
``(I) remove or streamline licensing
requirements, as appropriate; and
``(II) improve the reciprocity of
licensing, including through
participating in interstate licensing
compacts; and
``(H) an analysis of the opportunity youth population
in the State, including the estimated number of
opportunity youth and any gaps in services provided to
such population by other existing workforce development
activities, as identified under subparagraph (D).'';
and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking
``including a description'' and inserting
``which may include a description'';
(ii) in subparagraph (C)--
(I) in clause (ii)(I), by inserting
``utilizing a continuous quality
improvement approach,'' after ``year,''
(II) in clause (vi), by inserting
``and'' at the end;
(III) in clause (vii), by striking
``; and'' and inserting a period; and
(IV) by striking clause (viii);
(iii) in subparagraph (D)(i)(II), by striking
``any''; and
(iv) in subparagraph (E)--
(I) in clause (viii)(II), by
inserting ``and'' at the end;
(II) in clause (ix), by striking ``;
and'' at the end and inserting a
period; and
(III) by striking clause (x); and
(2) in subsection (c)(3)--
(A) in subparagraph (A), by striking ``shall'' the
second place it appears and inserting ``may''; and
(B) in subparagraph (B)--
(i) by striking ``required''; and
(ii) by inserting ``, except that
communicating changes in economic conditions
and workforce trends to the workforce system in
the State as described in subsection (b)(1)(C)
shall not be considered modifications subject
to approval under this paragraph'' before the
period at the end.
CHAPTER 2--LOCAL PROVISIONS
SEC. 115. WORKFORCE DEVELOPMENT AREAS.
(a) Regions.--Section 106(a) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3121(a)) is amended by adding at the end the
following:
``(3) Review.--Before the second full program year after the
date of enactment of the A Stronger Workforce for America Act,
in order for a State to receive an allotment under section
127(b) or 132(b) and as part of the process for developing the
State plan, a State shall--
``(A) review each region in the State identified
under this subsection (as such subsection was in effect
on the day before the date of enactment of the A
Stronger Workforce for America Act); and
``(B) after consultation with the local boards and
chief elected officials in the local areas and
consistent with the considerations described in
subsection (b)(1)(B)--
``(i) revise such region and any other region
impacted by such revision; or
``(ii) make a determination to maintain such
region with no revision.''.
(b) Local Areas.--Section 106(b) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3121(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``and consistent
with paragraphs (2) and (3),''; and
(B) in subparagraph (B), by striking ``(except for
those local areas described in paragraphs (2) and
(3))''; and
(2) by striking paragraphs (2) through (7), and inserting the
following:
``(2) Continuation period.--Subject to paragraph (5), in
order to receive an allotment under section 127(b) or 132(b),
the Governor shall maintain the designations of local areas in
the State under this subsection (as in effect on the day before
the date of enactment of the A Stronger Workforce for America
Act) until the end of the third full program year after the
date of enactment of the A Stronger Workforce for America Act.
``(3) Initial alignment review.--
``(A) In general.--Prior to the third full program
year after the date of enactment of the A Stronger
Workforce for America Act, the Governor shall--
``(i) review the designations of local areas
in the State (as in effect on the day before
the date of enactment of the A Stronger
Workforce for America Act); and
``(ii) based on the considerations described
in paragraph (1)(B), issue proposed
redesignations of local areas in the State
through the process described in paragraph
(1)(A), which shall--
``(I) include an explanation of the
strategic goals and objectives that the
State intends to achieve through such
redesignations; and
``(II) be subject to the approval of
the local boards in the State in
accordance with the process described
in subparagraph (C).
``(B) Designation of local areas.--A redesignation of
local areas in a State that is approved by a majority
of the local boards in the State through the process
described in subparagraph (C) shall take effect on the
first day of the 4th full program year after the date
of enactment of the A Stronger Workforce for America
Act.
``(C) Process to reach majority approval.--To approve
a designation of local areas in the State, the local
boards in the State shall comply with the following:
``(i) Initial vote.--Not later than 60 days
after the Governor issues proposed
redesignations under subparagraph (A), the
chairperson of each local board shall review
the proposed redesignations and submit a vote
on behalf of such local board to the Governor
either approving or rejecting the proposed
redesignations.
``(ii) Results of initial vote.--If a
majority of the local boards in the State vote
under clause (i)--
``(I) to approve such proposed
redesignations, such redesignations
shall take effect in accordance with
subparagraph (B); or
``(II) to disapprove such proposed
redesignations, the chairpersons of the
local boards in the State shall comply
with the requirements of clause (iii).
``(iii) Alternate redesignations.--In the
case of the disapproval described in clause
(ii)(II), not later than 60 days after initial
votes were submitted under clause (i), the
chairpersons of the local boards in the State
shall--
``(I) select 2 alternate
redesignations of local areas--
``(aa) one of which aligns
with the regional economic
development areas in the State;
and
``(bb) one of which aligns
with the regions described in
subparagraph (A) or (B) of
subsection (a)(2); and
``(II) conduct a vote to approve, by
majority vote, 1 of the 2 alternate
redesignations described in subclause
(I).
``(iv) Effective date of alternate
designations.--The alternate redesignations
approved pursuant to clause (iii)(II) shall
take effect in accordance with subparagraph
(B).
``(4) Subsequent alignment reviews.--On the date that is the
first day of the 12th full program year after the date of
enactment of the A Stronger Workforce for America Act, and
every 8 years thereafter, the Governor shall review the
designation of local areas based on the considerations
described in paragraph (1)(B) and conduct a process in
accordance with paragraph (3).
``(5) Interim revisions.--
``(A) Automatic approval of certain redesignation
requests.--
``(i) In general.--At any time, and
notwithstanding the requirements of paragraphs
(2), (3), and (4), the Governor, upon receipt
of a request for a redesignation of a local
area described in clause (ii), shall approve
such request.
``(ii) Requests.--The following requests
shall be approved pursuant to clause (i) upon
request:
``(I) A request from multiple local
areas to be redesignated as a single
local area.
``(II) A request from multiple local
areas for a revision to the
designations of such local areas, which
would not impact the designations of
local areas that have not made such
request.
``(III) A request for designation as
a local area from an area described in
section 107(c)(1)(C).
``(B) Other redesignations.--Other than the
redesignations described in subparagraph (A), the
Governor may only redesignate a local area outside of
the process described in paragraphs (3) and (4), if the
local area that will be subject to such redesignation
has not--
``(i) performed successfully;
``(ii) sustained fiscal integrity; or
``(iii) in the case of a local area in a
planning region, met the requirements described
in subsection (c)(1).
``(C) Effective date.--Any redesignation of a local
area approved by the Governor under subparagraph (A) or
(B) shall take effect on the first date of the first
full program year after such date of approval.
``(6) Appeals.--
``(A) In general.--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 designated as 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 102(a)(2),'' 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 prioritize covered
veterans as described in section 4212(a)(2) of
title 38, United States Code'' after ``delivery
system''; and
(C) in subparagraph (B), by striking ``proven'' and
inserting ``evidence-based'';
(5) in paragraph (10)(C)--
(A) by inserting ``, on the State eligible training
provider list,'' after ``identify''; and
(B) by inserting ``that operate in or are accessible
to individuals'' after ``training services''; and
(6) in paragraph (12)(A), by striking ``activities'' and
inserting ``funds allocated to the local area under section
128(b) and section 133(b) for the youth workforce development
activities described in section 129 and local employment and
training activities described in section 134(b), and the
activities''.
SEC. 117. LOCAL PLAN.
Section 108 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3123) is amended--
(1) in subsection (a), by striking ``shall prepare'' and
inserting ``may prepare''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (D), (E),
and (F) as subparagraphs (E), (F), and (H),
respectively;
(ii) by inserting the following after
subparagraph (C):
``(D) a description of--
``(i) how the local area will use real-time
labor market information to continually assess
the economic conditions and workforce trends
described in subparagraphs (A), (B), and (C);
and
``(ii) how changes in such conditions or
trends will be communicated to jobseekers,
education and training providers, and employers
in the local area;'';
(iii) in subparagraph (F), as so
redesignated, by striking ``and'' at the end;
and
(iv) by inserting after subparagraph (F), as
so redesignated, the following:
``(G) an analysis of the opportunity youth population
in the local area, including the estimated number of
such youth and any gaps in services for such population
from other existing workforce development activities,
as identified under paragraph (9); and'';
(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), by striking ``and'' at
the end;
(ii) in subclause (III), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(IV) the percentage of program
participants who, during a program
year, participate in 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 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 proposed
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
proposed 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 proposed
expected level of
performance; and
``(cc) include in the State
plan, with respect to each of
the corresponding primary
indicators of performance for
each of the programs described
in clause (ii) for such State--
``(AA) the expected
level of performance
proposed under
subclause (I);
``(BB) the
counterproposal for
such proposed level, if
any; and
``(CC) the expected
level of performance
that is agreed to under
clause (iv).''; and
(B) in clause (v)(II)--
(i) in the matter preceding item (aa), by
striking ``based on'' and inserting ``based on
each of the following considerations that are
found to be predictive of performance on an
indicator for a program''; and
(ii) in item (bb), by striking ``ex-offender
status'' and inserting ``justice-involved
individual status, foster care status, school
status, education level, highest grade level
completed, low-income status''.
(b) Performance Reports.--Section 116(d) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3141(d)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Template for performance reports.--Not later
than 12 months after the date of enactment of the A
Stronger Workforce for America Act, the Secretary of
Labor, in conjunction with the Secretary of Education,
shall develop, or review and modify, as appropriate, to
comply with the requirements of this subsection, the
template for performance reports that shall be used by
States (including by States on behalf of eligible
providers of training services under section 122) and
local boards to produce a report on outcomes achieved
by the core programs. In developing, or reviewing and
modifying, such templates, the Secretary of Labor, in
conjunction with the Secretary of Education, shall take
into account the need to maximize the value of the
templates for workers, jobseekers, employers, local
elected officials, State officials, Federal
policymakers, and other key stakeholders.
``(B) Standardized reporting.--In developing, or
reviewing and modifying, the template under
subparagraph (A), the Secretary of Labor, in
conjunction with the Secretary of Education, shall
ensure that performance reports produced by States and
local areas for core programs and eligible training
providers collect and report, in a comparable and
uniform format, common data elements, which use terms
that are assigned identical meanings across all such
reports.
``(C) Additional reporting.--The Secretary of Labor,
in conjunction with the Secretary of Education--
``(i) in addition to the common data elements
described under subparagraph (B), may require a
core program to provide additional information
as necessary for effective reporting; and
``(ii) shall periodically review any
requirement for additional information to
ensure the requirement is necessary and does
not impose an undue reporting burden.''.
(2) in paragraph (2)--
(A) by redesignating subparagraphs (J) through (L) as
subparagraphs (K) through (M), respectively and
inserting after subparagraph (I) the following:
``(J) the median earnings gain of participants who
received training services, calculated as the
difference between--
``(i) median participant earnings in
unsubsidized employment during the second
quarter after program exit; and
``(ii) median participant earnings in the
second quarter prior to entering the
program;''.
(B) in subparagraph (L), as so redesignated, by
striking clause (ii); and
(C) by striking ``strategies for programs'' and all
that follows through ``the performance'', and inserting
``strategies for programs, the performance'';
(3) in paragraph (3)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as subparagraph
(E); and
(C) by inserting after subparagraph (B) the
following:
``(C) the percentage of a local area's allocation
under section 133(b) that the local area spent on
services paid for through an individual training
account described in section 134(c)(3)(F)(iii) or a
training contract described in section
134(c)(3)(G)(ii);
``(D) the percentage of a local area's allocation
under section 133(b) that the local area spent on
supportive services; and'';
(4) by amending paragraph (4) to read as follows:
``(4) Contents of eligible training providers performance
report.--
``(A) In general.--The State shall use the
information submitted by the eligible providers of
training services under section 122 and administrative
records, including quarterly wage records, of the
participants of the programs offered by the providers
to produce a performance report on the eligible
providers of training services in the State, which
shall include, subject to paragraph (6)(C)--
``(i) with respect to each program of study
(or the equivalent) of such a provider--
``(I) information specifying the
levels of performance achieved with
respect to the primary indicators of
performance described in subclauses (I)
through (IV) of subsection (b)(2)(A)(i)
with respect to all individuals
engaging in the program of study (or
the equivalent); and
``(II) the total number of
individuals exiting from the program of
study (or the equivalent); and
``(ii) with respect to all such providers--
``(I) the total number of
participants who received training
services through each adult and
dislocated worker program authorized
under chapter 3 of subtitle B,
disaggregated by the type of entity
that provided the training, during the
most recent program year and the 3
preceding program years;
``(II) the total number of
participants who exited from training
services, disaggregated by the type of
entity that provided the training,
during the most recent program year and
the 3 preceding program years;
``(III) the average cost per
participant for the participants who
received training services,
disaggregated by the type of entity
that provided the training, during the
most recent program year and the 3
preceding program years; and
``(IV) the number of individuals with
barriers to employment served by each
adult and dislocated worker program
authorized under chapter 3 of subtitle
B, disaggregated by each subpopulation
of such individuals, and by race,
ethnicity, sex, and age.
``(iii) with respect to each recognized
postsecondary credential on the list of
credentials awarded by eligible providers in
the State described in section 116(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 paragraph) 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) Reallotment of reductions.--Any amounts not reserved
under section 128(a)(1) for a State for a program year pursuant
to paragraph (1)(B) or (2)(B) of this subsection shall be
realloted to other States in a manner consistent with paragraph
(1)(B) or (2)(B) of section 132(b).'';
(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 provided (in the absence of this
clause) to the local area for the immediately
succeeding program year under chapter 2 or 3 of
subtitle B for the program subject to the
performance failure;
``(ii) in the case of a failure, as described
in paragraph (1), for a third consecutive year,
the development of a reorganization plan
through which the Governor shall--
``(I) require the appointment and
certification of a new local board,
consistent with the criteria
established under section 107(b);
``(II) prohibit the use of one-stop
partners identified as achieving a poor
level of performance; and
``(III) revise or redesignate a local
area, which may include merging a local
area with another local area if the
Governor determines that the likely
cause of such continued performance
failure of a local area is due to such
local area's designation being granted
without the appropriate consideration
of parameters described under section
106(b)(1)(B); or
``(iii) other significant actions determined
appropriate by the Governor.'';
(B) in subparagraph (B)(i), by inserting ``(ii)''
after ``subparagraph (A)''; and
(C) by adding at the end the following:
``(D) Reallocation of reductions.--Any amounts not
allocated under chapter 2 or 3 of subtitle B to a local
area for a program year pursuant to subparagraph (A)(i)
shall be reallocated to other local areas in a manner
consistent with subparagraph (A) or (B) of section
133(b)(2) or subparagraph (A) of section 128(b)(2), as
applicable.''.
(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) accessible--
``(i) to individuals through electronic
means, in a single, virtually accessible
location, and in a manner that improves
efficiency, coordination, and quality, as
determined by the State, in the delivery of
such programs, services, and activities; or
``(ii) at not less than 1 physical center in
each local area of the State; and'';
(2) in subparagraph (B)(i), by inserting after ``affiliated
sites'' the following: ``(such as any of the entities described
in subsection (d)(2)(B))'';
(3) in subparagraph (C), by inserting after ``centers'' the
following: ``(which may be virtual or physical centers)'';
(4) in subparagraph (D)--
(A) by striking ``as applicable and practicable,
shall'' and inserting ``in the case of a one-stop
delivery system that is making each of the programs,
services, and activities described in paragraph (1)
accessible at not less than 1 physical center, as
described in subparagraph (A)(ii), the one-stop
delivery system shall, as applicable and
practicable,''; and
(B) by striking the period at the end and inserting
``; and''; and
(5) by inserting after subparagraph (D) the following:
``(E) in the case of a one-stop delivery system that
is making each of the programs, services, and
activities accessible through electronic means, as
described in subparagraph (A)(i), the one-stop delivery
system shall have not less than two affiliated sites
with a physical location where individuals can access,
virtually, each of the programs, services, and
activities described in paragraph (1) that are
virtually accessible.''.
(d) Certification and Improvement Criteria.--Section 121(g)(2)(A) of
the Workforce Innovation and Opportunity Act is amended by striking
``under subsections (h)(1)'' and inserting ``under subsections
(h)(1)(C)''.
(e) Funding of One-Stop Infrastructure.--Section 121(h) of the
Workforce Innovation and Opportunity Act is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs (1)
and (2), respectively;
(3) in paragraph (1), as so redesignated--
(A) by amending subparagraph (B) to read as follows:
``(B) Partner contributions.--Subject to subparagraph
(D), the covered portions of funding for a fiscal year
shall be provided to the Governor from the programs
described in subsection (b)(1) to pay the costs of
infrastructure of one-stop centers in local areas of
the State.''; and
(B) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``for funding
pursuant to clause (i)(II) or (ii) of
paragraph (1)(A) by each partner,'';
and
(II) by striking the fourth 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' under 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 difference between--
``(aa) the median participant
wages from unsubsidized
employment during the second
quarter after program exit; and
``(bb) the median earnings of
participants wages during the
quarter prior to entering the
program, to
``(II) The total cost of the program
(as described in paragraph
(5)(B)(iii)).
``(C) Local criteria.--With respect to any program
receiving standard eligibility under this section from
a Governor, a local board in the State may require
higher levels of performance than the minimum
performance levels established by the Governor under
this paragraph, but may not--
``(i) require any information or application
from the provider that is not required for such
standard eligibility; or
``(ii) establish a performance requirement
with respect to any criteria not listed in
subparagraph (B).
``(3) Conditional eligibility.--
``(A) Requirements.--
``(i) In general.--The Governor shall
establish procedures and criteria for
conditional eligibility for a program of a
provider of training services that does not
meet the requirements under subparagraph (2).
``(ii) Procedures and criteria.--In
establishing the procedures and criteria under
this subparagraph for conditional eligibility
under this paragraph, the Governor--
``(I) shall establish the maximum
period, not to exceed a 4-year period,
that a program may receive and maintain
such conditional eligibility;
``(II) with respect to a program that
has received conditional eligibility
for the maximum period established
under subclause (I) and that is seeking
approval for an additional period of
conditional eligibility, may not
consider such program for such
conditional eligibility during the 3-
year period that begins on the day
after the end of most recent period for
which the program received conditional
eligibility; and
``(III) may establish other
requirements related to program
performance, including setting separate
minimum levels of performance on the
criteria described in paragraph (2) for
a program to maintain such conditional
eligibility.
``(B) Payments.--Payments under this Act for the
provision of training services by a program with
conditional eligibility shall be made to the provider
of such program, on the basis of the achievement of
successful outcomes by a participant of such training
services, in accordance with the following:
``(i) Upon participant enrollment, the
provider shall receive not less than 25 percent
of the total funds to be provided under section
133(b) for the provision of training services
by such program to such participant.
``(ii) Upon participant completion and
credential attainment, the provider shall
receive not less than 25 percent of such total
funds.
``(iii) Upon verification of the
participant's employment during the second
quarter after program completion, the provider
shall receive not less than 25 percent of such
total funds.
``(iv) The remainder of such total funds may
be awarded at any of the intervals described in
clauses (i) through (iii) as determined by the
Governor in accordance with the procedures
established under subparagraph (A).
``(C) Limitation on billing participants.--With
respect to a program participant for whom a provider
expects to be paid pursuant to subparagraph (B), the
provider may not--
``(i) charge such participant tuition and
refund such charges after receiving such
payments; or
``(ii) if such program participant does not
achieve the outcomes necessary for the provider
to receive the provider's full payment pursuant
to subparagraph (B) for such participant, bill
a participant for any of the amounts described
in subparagraph (B).
``(4) Employer-sponsored or industry or sectoral partnership
designation.--
``(A) In general.--The Governor shall establish
procedures and criteria for providers to apply for an
employer-sponsored designation for a program that has
received standard or conditional eligibility under this
paragraph, which shall include a commitment from an
employer or an industry or sectoral partnership to--
``(i) pay to the provider, on behalf of each
participant enrolled in such program under this
Act, not less than 25 percent of the cost of
the program (as described in paragraph
(5)(B)(iii)), which shall be provided in lieu
of 25 percent of the amount that the provider
would have otherwise received under section
133(b) for the provision of training services
by such program to such participant; and
``(ii) guarantee an interview and
consideration for a job with the employer, or
in the case of an industry or sectoral
partnership, an employer within such
partnership, for each such participant that
successfully completes the program.
``(B) Restriction on financial arrangement.--A
provider receiving an employer-sponsored designation
under this paragraph may not--
``(i) have an ownership stake in the employer
or industry or sectoral partnership making a
commitment described in subparagraph (A); or
``(ii) enter into an arrangement to reimburse
an employer or partnership for the costs of a
participant paid by such employer or
partnership.
``(5) Information requirements.--An eligible provider shall
submit appropriate, accurate, and timely information to the
Governor, to enable the Governor to carry out subsection (d),
with respect to all participants of each eligible program
(including participants for whom the provider receives payments
under this title) offered by the provider, which shall--
``(A) be made available by the State in a common,
linked, open, and interoperable data format;
``(B) include information on--
``(i) the performance of the program with
respect to the performance accountability
measures described in section 116 for such
participants;
``(ii) the recognized postsecondary
credentials received by such participants,
including, in relation to each such credential,
the issuing entity, any third-party
endorsements, the occupations for which the
credential prepares individuals, the
competencies achieved, the level of mastery of
such competencies (including how mastery is
assessed), and any transfer value or
stackability;
``(iii) the total cost of the program,
including the costs of the published tuition
and fees, supplies, books, and any other costs
required by the provider for participants in
the program;
``(iv) the percentage of such participants
that complete the program within the number of
weeks that full-time participants would take to
complete the program; and
``(v) in the case of a provider offering
programs seeking or maintaining standard
eligibility, the criteria described in
paragraph (2) and not otherwise included in
clause (i) of this subparagraph; and
``(C) with respect to employment and earnings
measures described in subclauses (I) through (III) of
section 116(b)(2)(A)(i) for such participants--
``(i) the necessary information for the State
to develop program performance data using State
administrative data (such as wage records); and
``(ii) the necessary information to determine
the percentage of such participants who entered
unsubsidized employment in an occupation
related to the program, to the extent
practicable.''.
(c) Procedures.--Section 122(c) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(c)) is amended--
(1) in the first sentence of paragraph (1), by inserting ``,
which shall be implemented in a manner that minimizes the
financial and administrative burden on the provider and shall
not require the submission of information in excess of the
information required to determine a program's eligibility under
subsection (b)'' after ``provision of training services'';
(2) by redesignating paragraph (2) as paragraph (3), and
inserting the following after paragraph (1):
``(2) Approval.--A Governor shall make an eligibility
determination with respect to a provider of training services
and the program for which the provider is seeking eligibility
under this section not later than 30 days after receipt of an
application submitted by such provider consistent with the
procedures in paragraph (1).'';
(3) in paragraph (3), as so redesignated--
(A) by striking ``biennial'' and inserting
``annual''; and
(B) by inserting before the period at the end the
following: ``that continue to meet the requirements
under subsection (b)''; and
(C) by adding at the end the following: ``Any program
with standard or conditional eligibility that, upon
such review, does not meet the eligibility criteria
established under subsection (b) for standard or
conditional eligibility, respectively, shall, except as
otherwise provided in subsection (g)(1)(E), no longer
be an eligible program and shall be removed from the
list described in subsection (d).''; and
(4) by inserting at the end the following:
``(4) Multistate providers.--The procedures established under
subsection (a) shall specify the process for any provider of
training services offering a program in multiple States to
establish eligibility in such States, which shall, to the
extent practicable, minimize financial and administrative
burdens on any such provider by authorizing the provider to
submit the same application materials and information to the
Governor of each State in which such program will be providing
services, as long as the program meets the applicable State
requirements established under subsection (b) for each such
State.
``(5) Online providers.--If a participant chooses a provider
that delivers training services exclusively online and is not
located in the State of the local area that approved such
training services for the participant in accordance with
section 133(c)(3)(A)(i), such provider shall be ineligible to
receive payment for such participant from funds allocated to
such State unless such provider is on the list of eligible
providers of training services described in subsection (d) for
such State.''.
(d) List and Information To Assist Participants in Choosing
Providers.--Section 122(d) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3152(d)) is amended--
(1) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (6), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Credential navigation feature.--In order to enhance the
ability of participants and employers to understand and compare
the value of the recognized postsecondary credentials awarded
by eligible programs offered by providers of training services
in a State, the Governor shall establish (or develop in
partnership with other States), a credential navigation feature
that allows participants and the public to search a list of
such recognized postsecondary credentials, and the providers
and programs awarding such a credential, which shall include,
with respect to each such credential (aggregated for all
participants in the State that have received such credential)--
``(A) the information required under subsection
(b)(5)(B)(ii); and
``(B) the employment and earnings outcomes described
in subclause (I) through (III) of section
116(b)(2)(i).'';
(3) in paragraph (3) (as redesignated by paragraph (1))--
(A) by amending subparagraph (A), by striking ``(C)
of subsection (a)(2)'' and inserting ``(D) of
subsection (a)(2)'';
(B) by amending subparagraph (B) to read as follows:
``(B) with respect to a program described in
subsection (b)(3) that is offered by a provider,
consist of information designating the program as
having conditional eligibility;''; and
(C) by amending subparagraph (C) to read as follows:
``(C) with respect to a program described in
subsection (b)(4) that is offered by a provider,
consist of the information promoting the program as
having an employer-sponsored designation and
identifying the employer or partnership sponsoring the
program.''.
(4) by amending paragraph (4) (as so redesignated) to read as
follows:
``(4) Availability.--The list (including the credential
navigation feature described in paragraph (2)), and the
accompanying information shall be made available to such
participants and to members of the public through the one-stop
delivery system in the State--
``(A) on a publicly accessible website that--
``(i) is consumer-tested; and
``(ii) is searchable, easily understandable,
and navigable, and allows for the comparison of
eligible programs through the use of common,
linked, open-data descriptive language; and
``(B) in a manner that does not reveal personally
identifiable information about an individual
participant.''; and
(5) by inserting before paragraph (6) (as so redesignated),
the following:
``(5) Website technical assistance.--The Secretary shall--
``(A) upon request, provide technical assistance to a
State on establishing a website that meets the
requirements of paragraph (4); and
``(B) disseminate to each State effective practices
or resources from States and private sector entities
related to establishing a website that is consumer-
tested to ensure that the website is easily understood,
searchable, and navigable.''.
(e) Provider Performance Incentives.--Section 122 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3152), as amended by this
section, is further amended--
(1) in subsection (e), by striking ``information
requirements,'' in each place it appears;
(2) by redesignating subsections (f) through (i) as
subsection (g) through (j), respectively;
(3) by inserting after subsection (e), as so amended, the
following:
``(f) Provider Performance Incentives.--
``(1) In general.--The Governor or a local board may
establish a system of performance incentive payments to be
awarded to providers in addition to the amount paid under
section 133(b) to such providers for the provision of training
services to participants of eligible programs. Such system of
performance incentives may be established to award eligible
programs that--
``(A) achieve performance levels above the minimum
levels established by the Governor under subsection
(b)(2);
``(B) serve a significantly higher number of
individuals with barriers to employment compared to
training providers offering similar training services;
or
``(C) achieve other performance successes, including
those related to jobs that provide economic stability
and upward mobility (such as leading to jobs with high
wages and family sustainable benefits) as determined by
the State or the local board.
``(2) Incentive payments.--Incentive payments to providers
established under paragraph (1) shall be awarded to providers
from the following allotments:
``(A) In the case of a system of performance
incentive payments established by the Governor, from
funds reserved by the Governor under section 128(a).
``(B) In the case of a system of performance
incentive payments established by a local board, from
the allocations made to the local area for youth under
section 128(b), for adults under paragraph (2)(A) or
(3) of section 133(b), or for dislocated workers under
section 133(b)(2)(B), as appropriate.'';
(f) Enforcement.--Section 122(g)(1) of the Workforce Innovation and
Opportunity Act (as redesignated by subsection (e)(2)), is amended by
adding at the end the following:
``(D) Failure to provide required information.--With
respect to a provider of training services that is
eligible under this section for a program year with
respect to an eligible program, but that does not
provide the information described in subsection (b)(5)
with respect to such program for such program year
(including information on performance necessary to
determine if the program meets the minimum levels on
the criteria to maintain eligibility), the provider
shall be ineligible under this section with respect to
such program for the program year after the program
year for which the provider fails to provide such
information.
``(E) Failure to meet performance criteria.--
``(i) First year.--An eligible program that
has received standard eligibility under
subsection (c)(2) for a program year but fails
to meet the minimum levels of performance on
the criteria described in subsection (b)(2)
during the most recent program year for which
performance data on such criteria are available
shall be notified of such failure by the
Governor.
``(ii) Second consecutive year.--A program
that fails to meet the minimum levels of
performance for a second consecutive program
year shall lose standard eligibility for such
program for at least the program year following
such second consecutive program year.
``(iii) Reapplication.--
``(I) Standard eligibility.--A
provider may reapply to receive
standard eligibility for the program
according to the criteria described in
subsection (c) if the program
performance for the most recent program
year for which performance data is
available meets the minimum levels of
performance required to receive such
standard eligibility.
``(II) Conditional eligibility.--A
program that loses standard eligibility
may apply to receive conditional
eligibility under the process and
criteria established by the Governor
under subsection (b)(3).''.
(g) On-the-Job Training, Employer-directed Skills Development,
Incumbent Worker Training, and Other Training Exceptions.--Subsection
(i) (as redesignated by subsection (e)(2)) of section 122 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3152) is amended--
(1) in paragraph (1)--
(A) by striking ``customized training'' and inserting
``employer-directed skills development''; and
(B) by striking ``subsections (a) through (f)'' and
inserting ``subsections (a) through (g)''; and
(2) in paragraph (2), by amending the first sentence to read
as follows: ``A one-stop operator in a local area shall collect
the minimum amount of information from providers of on-the-job
training, employer-directed skills development, incumbent
worker training, internships, paid or unpaid work experience
opportunities, and transitional employment as necessary to
enable the use of State administrative data to generate such
performance information as the Governor may require.''.
(h) Technical Assistance.--Section 122 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3152) is further amended by adding at
the end the following:
``(k) Technical Assistance.--The Governor may apply to the Secretary
for technical assistance, as described in section 168(c), for purposes
of carrying out the requirements of subsection (c)(4), or paragraph (2)
or (5) of subsection (d), or any other amendments made by the A
Stronger Workforce for America Act to this section, and the Secretary
shall provide such technical assistance in a timely manner.''.
(i) Transition.--A Governor and local boards shall implement the
requirements of section 122 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3152), as amended by this Act, not later than 12 months
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 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.''.
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)''; and
(iii) in clause (iii)(III)(bb), by striking
``language''.
(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 (II), by striking
``language'';
(ii) by striking subclauses (III) and (IV);
and
(iii) by redesignating subclauses (V), (VI),
and (VII) as subclauses (III), (IV), and (V),
respectively.
(2) Exception and limitation.--Section 129(a)(3) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(a)(1))
is amended--
(A) in subparagraph (A)(ii), by striking ``5'' and
inserting ``10''; and
(B) in subparagraph (B)--
(i) by striking ``5'' inserting ``10''; and
(ii) by striking ``paragraph
(1)(C)(iv)(VII)'' and inserting ``paragraph
(1)(C)(iv)(V)''.
(3) Opportunity youth priority.--Section 129(a)(4) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(a)(1))
is amended--
(A) in the paragraph heading, by striking ``Out-of-
school'' and inserting ``Opportunity'';
(B) in subparagraph (A)--
(i) by striking ``75'' each place it appears
and inserting ``65'';
(ii) by inserting ``the total amount of''
before ``funds available''; and
(iii) by inserting ``in the State'' after
``subsection (c)'';
(C) in subparagraph (B)(i), by striking ``75'' and
inserting ``65'';
(D) by redesignating subparagraph (B), as so amended,
as subparagraph (C); and
(E) by inserting after subparagraph (A) the
following:
``(B) Local area targets.--The local board, the chief
elected official, and the Governor shall negotiate and
reach agreement on the minimum amount of funds provided
to a local area under subsection (c) that shall be used
to provide youth workforce investment activities for
opportunity youth based on the needs of youth in the
local area, as necessary for the State to meet the
percentage described in subparagraph (A).''.
(c) Required Statewide Youth Activities.-- Section 129(b)(1) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(b)(1))--
(1) in the matter preceding subparagraph (A), by striking
``sections 128(a)'' and inserting ``sections 128(a)(1)''; and
(2) in subparagraph (B), by inserting ``through a website
that is consumer-tested to ensure that the website is easily
understood, searchable, and navigable and allows for comparison
of eligible providers based on the program elements offered by
such providers and the performance of such providers on the
primary indicators of performance for the youth program as
described in section 116(b)(2)(A)(ii)'' after ``under section
123''.
(d) Allowable Statewide Youth Activities.--Section 129(b)(2) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(b)(2)) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``sections 128(a)'' and inserting ``sections 128(a)(1)'';
(2) in subparagraph (C), by inserting ``, which may include
providing guidance on career options in in-demand industry
sectors or occupations'' after ``in the State'';
(3) in subparagraph (D)--
(A) in clause (iv), by striking ``and'' at the end;
and
(B) by inserting after clause (v) the following:
``(vi) supporting the ability to understand
relevant tax information and obligations;'';
(4) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(5) by adding at the end the following:
``(F) establishing, supporting, and expanding work-
based learning opportunities, including transitional
jobs, that are aligned with career pathways;
``(G) raising public awareness (including through
public service announcements, such as social media
campaigns and elementary and secondary school showcases
and school visits) about career and technical education
programs and community-based and youth services
organizations, and other endeavors focused on programs
that prepare students for in-demand industry sectors or
occupations; and
``(H) developing partnerships between educational
institutions (including area career and technical
schools and institutions of higher education) and
employers to create or improve workforce development
programs to address the identified education and skill
needs of the workforce and the employment needs of
employers in the regions or local areas of the State,
as determined based on the most recent analysis
conducted under subparagraphs (B) and (C) of section
102(b)(1).''.
(e) Local Elements and Requirements.--
(1) Program design.--Section 129(c)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(1)) is
amended--
(A) in subparagraph (B), by inserting ``(which, in
the case of a participant 18 years or older, may
include co-enrollment in any employment or training
activity provided under section 134 for adults)'' after
``services for the participant'';
(B) in subparagraph (C)(v), by inserting ``high-
skill, high-wage, or'' after ``small employers, in'';
and
(C) in subparagraph (D)--
(i) by striking ``10'' and inserting ``40'';
and
(ii) by inserting before the period the
following: ``, except that after 2 consecutive
years of the local board implementing such a
pay-for-performance contract strategy, the
local board may reserve and use not more than
60 percent of such total funds allocated to the
local area for such strategy if--
``(i) the local board demonstrates to the
Governor that such strategy resulted in
performance improvements; and
``(ii) the Governor approves a request to use
such percentage of total funds''.
(2) Program elements.--Section 129(c)(2) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(2)) is
amended--
(A) in subparagraph (C)--
(i) in clause (i)--
(I) by striking ``other'' and
inserting ``year-round''; and
(II) by inserting ``that meet the
requirements of paragraph (10)'' after
``school year'';
(ii) in clause (iii), by striking ``and job
shadowing; and'' and inserting the following:
``that, to the extent practicable, are aligned
with in-demand industry sectors or occupations
in the State or local area and for which
participants shall be paid (by the entity
providing the internship, through funds
allocated to the local area pursuant to
paragraph (1) for the program, or by another
entity) if such internships are longer than--
``(I) 4 weeks in the summer or 8
weeks during the school year for in-
school youth and opportunity youth who
are enrolled in school; or
``(II) 8 weeks for opportunity youth
who are not enrolled in school;'';
(iii) by redesignating clause (iv) as clause
(v); and
(iv) by inserting after clause (iii), as so
amended, the following:
``(iv) job shadowing; and'';
(B) in subparagraph (H), by striking ``adult
mentoring'' and inserting ``coaching and adult
mentoring services'';
(C) in subparagraph (M)--
(i) by inserting ``high-skill, high-wage,
or'' before ``in-demand industry''; and
(ii) by striking the ``and'' at the end;
(D) in subparagraph (N), by striking the period at
the end and inserting ``; and''; and
(E) by adding at the end the following:
``(O) activities to develop fundamental workforce
readiness, which may include creativity, collaboration,
critical thinking, digital literacy, persistence, and
other relevant skills.''.
(3) Priority.--Section 129(c)(4) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3164(c)(2)) is amended, by
striking ``20'' and inserting ``40''.
(4) Rule of construction.--Section 129(c)(5) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(c)(2)) is
amended by inserting ``or local area'' after ``youth
services''.
(5) Individual training accounts.--Section 129(c) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3164(c)(2))
is further amended by adding at the end the following:
``(9) Individual training accounts.--Funds allocated pursuant
to paragraph (1) to a local area may be used to pay, through an
individual training account, an eligible provider of training
services described in section 122(d) for training services
described in section 134(c)(3) provided to in-school youth who
are not younger than age 16 and not older than age 21 and
opportunity youth, in the same manner that an individual
training account is used to pay an eligible provider of
training services under section 134(c)(3)(F)(iii) for training
services provided to an adult or dislocated worker.''.
(6) Summer and year-round employment opportunities
requirements.--Section 129(c) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3164(c)(2)) is further amended by
adding at the end the following:
``(10) Summer and year-round employment opportunities
requirements.--
``(A) In general.--A summer employment opportunity or
a year-round employment opportunity referred to in
paragraph (2)(C)(i) shall be a program that matches
eligible youth participating in such program with an
appropriate employer (based on factors including the
needs of the employer and the age, skill, and informed
aspirations of the eligible youth) that--
``(i) shall include--
``(I) a component of occupational
skills education; and
``(II) not less than 2 of the
activities described in subparagraphs
(G), (H), (I), (K), (M), and (O) of
paragraph (2);
``(ii) may not use funds allocated under this
chapter to subsidize more than 50 percent of
the wages of each eligible youth participant in
such program;
``(iii) in the case of a summer employment
opportunity, complies with the requirements of
subparagraph (B); and
``(iv) in the case of a year-round employment
opportunity, complies with the requirements of
subparagraph (C).
``(B) Summer employment opportunity.--In addition to
the applicable requirements described in subparagraph
(A), a summer employment opportunity--
``(i) may not be less than 4 weeks; and
``(ii) may not pay less than the greater of
the applicable Federal, State, or local minimum
wage.
``(C) Year-round employment opportunity.--In addition
to the applicable requirements described in
subparagraph (B), a year-round employment opportunity--
``(i) may not be shorter than 180 days or
longer than 1 year;
``(ii) may not pay less than the greater of
the applicable Federal, State, or local minimum
wage; and
``(iii) may not employ the eligible youth for
less than 20 hours per week, except in
instances when the eligible youth are under the
age of 18 or enrolled in school.
``(D) Priority.--In selecting summer employment
opportunities or year-round employment opportunities
for purposes of paragraph (2)(C)(i), a local area shall
give priority to programs that meet the requirements of
this paragraph, which are in existing or emerging high-
skill, high-wage, or in-demand industry sectors or
occupations.''.
CHAPTER 3--ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING
ACTIVITIES
SEC. 141. STATE ALLOTMENTS.
Section 132(a)(2)(A) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3172(a)(2)(A)) is amended by--
(1) striking ``, 169(c) (relating to dislocated worker
projects),''; and
(2) by inserting ``, and under subsections (c) (related to
dislocated worker projects) and (d) (related to workforce data
quality initiatives) of section 169'' before ``; and''
SEC. 142. RESERVATIONS FOR STATE ACTIVITIES; WITHIN STATE ALLOCATIONS.
(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)''.
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 skills fund under
paragraph (4); and'' ; and
(C) by inserting before the flush left text at the
end the following:
``(C) as described in section 128(a)(3), shall be
used to establish and administer a critical industry
skills fund described in paragraph (4).''.
(2) Required statewide employment and training activities.--
(A) Statewide rapid response activities.--Section
134(a)(2)(A) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(a)(2)(A)) is amended--
(i) in clause (i)--
(I) in subclause (I)--
(aa) by striking ``working''
and inserting ``as a rapid
response unit working''; and
(bb) by striking ``and'' at
the end;
(II) in subclause (II), by striking
the period at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(III) provision of additional
assistance to a local area that has
excess demand for individual training
accounts for dislocated workers in such
local area and requests such assistance
under paragraph (5) of section 414(c)
of the American Competitiveness and
Workforce Improvement Act of 1998 (29
U.S.C. 3224a(5)), upon a determination
by the State that, in using funds
allocated to such local area pursuant
to paragraph (1) of such section 414(c)
and subsection (c)(1)(B) of this
section for the purpose described in
paragraph (2)(A) of such section
414(c), the local area was in
compliance with the requirements of
such section 414(c).''; and
(ii) by adding at the end the following:
``(iii) Insufficient funds to meet excess
demand.--If a State determines that a local
area with excess demand as described in clause
(i)(III) met the compliance requirements
described in such clause, but the State does
not have sufficient funds reserved under
section 133(a)(2) to meet such excess demand,
the State--
``(I) shall notify the Secretary of
such excess demand; and
``(II) if eligible, may apply for a
national dislocated worker grant under
section 170 of this Act.''.
(B) Statewide employment and training activities.--
Section 134(a)(2)(B) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(a)(2)(B) is amended--
(i) in clause (i)--
(I) in subclause (III), by striking
``and'' at the end;
(II) in subclause (IV)--
(aa) by inserting ``the
development and education of
staff to increase expertise in
providing opportunities for
covered veterans (as defined in
section 4212(a)(3)(A) of title
38, United States Code) to
enter in-demand industry
sectors or occupations and
nontraditional occupations),''
after ``exemplary program
activities,''; and
(bb) by adding ``and'' at the
end; and
(III) by adding at the end the
following:
``(V) local boards and eligible
training providers in carrying out the
performance reporting required under
section 116(d), including facilitating
data matches for program participants
using quarterly wage record information
(including the wage records made
available by any other State) and 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 (ii), by striking ``(7)'' and
inserting ``(6)'';
(iii) 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;
(iv) in clause (vi), by striking the period
at the end and inserting a semicolon; and
(v) 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
critical skills fund under paragraph (4).''.
(4) Critical industry skills fund.--Section 134(a) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)),
as amended, is further amended by adding at the end the
following:
``(4) Critical industry skills fund.--
``(A) Performance-based payments.--A State shall use
funds reserved under paragraph (3)(A) of section
128(a), and any funds reserved under paragraph (3)(B)
of section 128(a), to establish and administer a
critical industry skills fund to award performance-
based payments on a per-worker basis to eligible
entities that provide eligible skills development
programs to prospective workers or incumbent workers
(which may include youth age 18 through age 24) in
industries and occupations identified by the Governor
under subparagraph (B) that will result in employment
or retention with a participating employer.
``(B) Industries and occupations.--
``(i) In general.--The Governor (in
consultation with the State board)--
``(I) shall identify the industries
and occupations for which an eligible
skills development program carried out
by an eligible entity in the State may
receive funds under this paragraph; and
``(II) may select the industries and
occupations identified under subclause
(I) that will receive priority for
funds under this paragraph.
``(ii) High growth and high wage.--In
selecting industries or occupations to
prioritize pursuant to clause (i)(II), the
Governor may consider--
``(I) industries that have, or are
expected to have, a high rate of growth
and an unmet demand for skilled
workers; and
``(II) occupations--
``(aa) with wages that are
significantly higher than an
occupation of similar level of
skill or needed skill
development; or
``(bb) that are aligned with
career pathways into higher
wage occupations.
``(C) Submission of proposals.--
``(i) In general.--To be eligible to receive
a payment under the critical industry skills
fund established under this paragraph by a
State, an eligible entity shall submit a
proposal to the Governor in such form and at
such time as the Governor may require (subject
to the requirements of clause (ii)), which
shall include--
``(I) a description of the industries
or occupations in which the
participating employer is seeking to
fill jobs, the specific skills or
credentials necessary for an individual
to obtain such a job, and the salary
range of such a job;
``(II) the expected number of
individuals who will participate in the
skills development program to be
carried out by the eligible entity;
``(III) a description of the eligible
skills development program, including
the provider, the length of the
program, the skills to be gained, and
any recognized postsecondary
credentials that will be awarded;
``(IV) the total cost of providing
the program;
``(V) for purposes of receiving a
payment pursuant to subparagraph
(D)(i)(II)(bb), a commitment from the
participating employer in the eligible
entity to employ each participant of
the program for not less than a 6-month
period (or a longer period as
determined by the State) after
successful completion of the program;
and
``(VI) an assurance that the entity
will--
``(aa) establish the written
agreements described in
subparagraph (D)(ii)(I);
``(bb) maintain and submit
the documentation described in
subparagraph (D)(ii)(II); and
``(cc) maintain and submit
the necessary documentation for
the State to verify participant
outcomes and report such
outcomes as described in
subparagraph (F).
``(ii) Administrative burden.--The Governor
shall ensure that the form and manner in which
a proposal required to be submitted under
clause (i) is designed to minimize paperwork
and administrative burden for entities.
``(iii) Approval of subsequent proposals.--
With respect to an eligible entity that has had
a proposal approved by the Governor under this
subparagraph and that submits a subsequent
proposal under this subparagraph, the eligible
entity may only receive approval from the
Governor for the subsequent proposal if--
``(I) with respect to the most recent
proposal approved under this
subparagraph--
``(aa) the skills development
program has ended;
``(bb) for any participants
employed by the participating
employer in accordance with
subparagraph (C)(i)(V), the
minimum periods of such
employment described in such
subparagraph have ended;
``(cc) all the payments under
subparagraph (D) owed to the
eligible entity have been made;
and
``(dd) not fewer than 70
percent of the participants who
enrolled in the skills
development program--
``(AA) completed such
program; and
``(BB) after such
completion, were
employed by the
participating employer
for the minimum period
described in
subparagraph (C)(i)(V);
and
``(II) the eligible entity meets any
other requirements that the Governor
may establish with respect to eligible
entities submitting subsequent
proposals.
``(D) Reimbursement for approved proposals.--
``(i) State requirements.--
``(I) In general.--With respect to
each eligible entity whose proposal
under subparagraph (C) has been
approved by the Governor, the Governor
shall make payments (in an amount
determined by the Governor and subject
to the requirements of subclause (II)
of this clause, subparagraphs (E) and
(G), and any other limitations
determined necessary by the State) from
the critical industry skills fund
established under this paragraph to
such eligible entity for each
participant of the eligible skills
development program described in such
proposal and with respect to whom the
eligible entity meets the requirements
of clause (ii).
``(II) Payments.--In making payments
to an eligible entity under subclause
(I) with respect to a participant--
``(aa) 50 percent of the
total payment shall be made
after the participant completes
the eligible skills development
program offered by the eligible
entity; and
``(bb) the remaining 50
percent of such total payment
shall be made after the
participant has been employed
by the participating employer
for the minimum period
described in subparagraph
(C)(i)(V).
``(ii) Eligible entity requirements.--To be
eligible to receive the payments described in
clause (i) with respect to a participant, an
eligible entity described in such clause
shall--
``(I) establish a written agreement
with the participant that includes the
information described in subclauses (I)
and (III) of subparagraph (C)(i); and
``(II) submit documentation as the
Governor determines necessary to verify
that such participant has completed the
skills development program offered by
the eligible entity and has been
employed by the participating employer
for the minimum period described in
subparagraph (C)(i)(V).
``(E) Non-federal cost sharing.--
``(i) Limits on federal share.--An eligible
entity may not receive funds under subparagraph
(D) with respect to a participant of the
eligible skills development program offered by
the eligible entity in excess of the following
costs of such program:
``(I) In the case of a participating
employer of such eligible entity with
25 or fewer employees, 90 percent of
the costs.
``(II) In the case of a participating
employer of such eligible entity with
more than 25 employees, but fewer than
100 employees, 75 percent of the costs.
``(III) In the case of a
participating employer of such eligible
entity with 100 or more employees, 50
percent of the costs.
``(ii) Non-federal share.--
``(I) In general.--Any costs of the
skills development program offered to a
participant by such eligible entity
that are not covered by the funds
received under subparagraph (D) shall
be the non-Federal share provided by
the eligible entity (in cash or in-
kind).
``(II) Employer cost sharing.--If the
eligible skills development program is
being provided on-the-job, the non-
Federal share provided by an eligible
entity may include the amount of the
wages paid by the participating
employer of the eligible entity to a
participant while such participant is
receiving the training.
``(F) Performance reporting.--
``(i) In general.--The State shall use the
participant information provided by eligible
entities to submit to the Secretary a report,
on an annual basis, with respect to the
participants of the eligible skills development
programs for which the eligible entities
received funds under this paragraph for the
most recent program year, which shall--
``(I) be made digitally available by
the Secretary using linked, open, and
interoperable data, which shall
include; and
``(II) include--
``(aa) the number of
individuals who participated in
programs, unless such
information would reveal
personally identifiable
information about an
individual); and
``(bb) performance outcomes
on the measures listed in
clause (ii).
``(ii) Measures.--The measures listed below
are as follows:
``(I) The percentage of participants
who completed the skills development
program.
``(II) The percentage of participants
who were employed by the participating
employer for a 6-month period after
program completion.
``(III) The percentage of
participants who were employed by the
participating employer as described in
subclause (II), and who remained
employed by the participating employer
1 year after program completion.
``(IV) The median earnings of program
participants who are in unsubsidized
employment during the second quarter
after program completion.
``(V) The median earnings increase of
program participants, measured by
comparing the earning of a participant
in the second quarter prior to entry
into the program to the earnings of
such participant in the second quarter
following completion of the program.
``(G) Definitions.--In this paragraph:
``(i) Eligible entity.--The term `eligible
entity' means an employer, a group of
employers, an industry or sector partnership,
or another entity serving as an intermediary
(such as a local board) that is in a
partnership with at least one employer in an
industry or occupation identified by the
Governor under subparagraph (B)(i) (referred to
in this paragraph as the `participating
employer').
``(ii) Eligible skills development program.--
The term `eligible skills development program',
with respect to which a State may set a maximum
and minimum length (in weeks)--
``(I) includes work-based education
or related occupational skills
instruction that--
``(aa) develops the specific
technical skills necessary for
successful performance of the
occupations in which
participants are to be employed
upon completion; and
``(bb) may be provided by the
eligible entity or by any
training provider selected by
the eligible entity and that is
not required to be on a list of
eligible providers of training
services described in section
122(d); and
``(II) may not include employee
onboarding, orientation, or
professional development generally
provided to employees.''.
(5) State-imposed requirements.--Section 134(a) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)),
as amended, is further amended by adding at the end the
following:
``(5) State-imposed requirements.--Whenever a State or
outlying area implements any rule or policy relating to the
administration or operation of activities authorized under this
title that has the effect of imposing a requirement that is not
imposed under Federal law, or is not a requirement, process, or
criteria that the Governor or State is directed to establish
under Federal law, the State or outlying area shall identify to
local areas and eligible providers the requirement as being
imposed by the State or outlying area.''.
(b) Required Local Employment and Training Activities.--
(1) Minimum amount for skills development.--Section 134(c)(1)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3174(c)(1)) is amended--
(A) in subparagraph (A)(iv), by striking ``to'' and
inserting ``to provide business services described in
paragraph (4) and'';
(B) by redesignating subparagraph (B) as subparagraph
(C); and
(C) by inserting after subparagraph (A), as so
amended, the following:
``(B) Minimum amount for skills development.--Not
less than 50 percent of the funds described in
subparagraph (A) shall be used by the local area--
``(i) for the payment of training services--
``(I) provided to adults under
paragraph (3)(F)(iii); and
``(II) provided to adults and
dislocated workers under paragraph
(3)(G)(ii); and
``(ii) for the payment of training services
under paragraph (2)(A) of section 414(c) of the
American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 3224a(c))
after funds allocated to such local area under
paragraph (1) of such section 414(c) have been
exhausted.''; and
(D) in subparagraph (C), as so redesignated, by
striking ``and (ii)'' and inserting ``, (ii), and
(iv)''.
(2) Career services.--Section 134(c)(2) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)) is
amended--
(A) by redesignating subparagraphs (A) through (C) as
subparagraphs (B) through (D), respectively;
(B) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) Basic career services.--
``(i) In general.--The one-stop delivery
system--
``(I) shall coordinate with the
Employment Service office colocated
with the one-stop delivery system for
such Employment Service office to
provide, using the funds allotted to
the State under section 6 of the
Wagner-Peyser Act (29 U.S.C. 49e),
basic career services, which shall--
``(aa) include, at a minimum,
the services listed in clause
(ii); and
``(bb) be available to
individuals who are adults or
dislocated workers in an
integrated manner to streamline
access to assistance for such
individuals, to avoid
duplication of services, and to
enhance coordination of
services; and
``(II) may use funds allocated under
paragraph (1)(A), as necessary, to
supplement the services that are
provided pursuant to subclause (I) to
individuals who are adults or
dislocated workers.
``(ii) Services.--The basic career services
provided pursuant to clause (i) shall include--
``(I) provision of workforce and
labor market employment statistics
information, including the provision of
accurate (and, to the extent
practicable, real-time) information
relating to local, regional, and
national labor market areas,
including--
``(aa) job vacancy listings
in such labor market areas;
``(bb) information on job
skills necessary to obtain the
jobs described in item (aa);
and
``(cc) information relating
to local occupations in demand
(which may include
entrepreneurship
opportunities), and the
earnings, skill requirements,
and opportunities for
advancement for such
occupations;
``(II) labor exchange services,
including job search and placement
assistance and, in appropriate cases,
career counseling, including--
``(aa) provision of
information on in-demand
industry sectors and
occupations;
``(bb) provision of
information on nontraditional
employment; and
``(cc) provision of
information on
entrepreneurship, as
appropriate;
``(III)(aa) provision of information,
in formats that are usable by and
understandable to one-stop center
customers, relating to the availability
of supportive services or assistance,
including child care, child support,
medical or child health assistance
under title XIX or XXI of the Social
Security Act (42 U.S.C. 1396 et seq.
and 1397aa et seq.), benefits under the
supplemental nutrition assistance
program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.), assistance through the earned
income tax credit under section 32 of
the Internal Revenue Code of 1986, and
assistance under a State program for
temporary assistance for needy families
funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et
seq.) and other supportive services and
transportation provided through funds
made available under such part,
available in the local area; and
``(bb) referral to the services or
assistance described in item (aa), as
appropriate;
``(IV) provision of information and
assistance regarding filing claims for
unemployment compensation; and
``(V) assistance in establishing
eligibility for programs of financial
aid assistance for training and
education programs that are not funded
under this Act.'';
(C) in subparagraph (B), as so redesignated--
(i) in the heading, by striking the heading
and inserting ``Individualized career'';
(ii) by inserting ``individualized'' before
``career services'';
(iii) by inserting ``shall, to the extent
practicable, be evidence-based,'' before ``and
shall'';
(iv) in clause (iii), by inserting ``, and a
determination (considering factors including
prior work experience, military service,
education, and in-demand industry sectors and
occupations in the local area) of whether such
an individual would benefit from a competency-
based assessment developed or identified by the
State pursuant to subsection (a)(2)(B)(vii) to
accelerate the time to obtaining employment
that leads to economic self-sufficiency or
career advancement'' before the semi-colon at
the end;
(v) by striking clauses (iv), (vi), (ix),
(x), and (xi);
(vi) by redesignating clauses (v), (vii),
(viii), (xii), and (xiii) as clauses (iv), (v),
(vi), (vii), and (viii), respectively;
(vii) in clause (v), as so redesignated, by
inserting ``and credential'' after ``by
program''; and
(viii) in clause (vii)(I)(aa), as so
redesignated, by inserting ``, including a
competency-based assessment developed or
identified by the State pursuant to subsection
(a)(2)(B)(vii)'' after ``tools'';
(D) by amending subparagraph (C), as so redesignated,
to read as follows:
``(C) Use of previous assessments.--A one-stop
operator or one-stop partner shall not be required to
conduct a new interview, evaluation, or assessment of a
participant under subparagraph (B)(vii) if the one-stop
operator or one-stop partner determines that--
``(i) it is appropriate to use a recent
interview, evaluation, or assessment of the
participant conducted pursuant to another
education or training program; and
``(ii) using such recent interview,
evaluation, or assessment will accelerate an
eligibility determination.''; and
(E) in subparagraph (D), as so redesignated--
(i) by inserting ``individualized'' before
``career''; and
(ii) in clause (ii), by inserting ``,
libraries, and community-based organizations''
after ``nonprofit service providers''.
(3) Training services.--Section 134(c)(3) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)) is
amended--
(A) in subparagraph (A)--
(i) in clause (i), in the matter preceding
subclause (I), by striking ``clause (ii)'' and
inserting ``clause (ii) or (iii)''
(ii) in clause (i)(II)--
(I) by striking ``or in'' and
inserting ``in'' and
(II) by inserting ``, or that may be
performed remotely'' after
``relocate'';
(iii) by redesignating clause (iii) as clause
(iv);
(iv) by inserting after clause (ii) the
following:
``(iii) Employer referral.--
``(I) In general.--A one-stop
operator or one-stop partner shall not
be required to conduct an interview,
evaluation, or assessment of an
individual under clause (i)(I) if such
individual--
``(aa) is referred by an
employer to receive on-the-job
training or employer-directed
skills development in
connection with that employer;
and
``(bb) has been certified by
the employer as being in need
of training services to obtain
unsubsidized employment with
such employer and having the
skills and qualifications to
successfully participate in the
selected program of training
services.
``(II) Priority.--A one-stop operator
or one-stop partner shall follow the
priority described in subparagraph (E)
to determine whether an individual that
meets the requirements of subclause (I)
of this clause is eligible to receive
training services.''; and
(v) by adding at the end the following:
``(v) Adult education and family literacy
activities.--In the case of an individual who
is determined to not have the skills and
qualifications to successfully participate in
the selected program of training services under
clause (i)(I)(cc), the one-stop operator or
one-stop partner shall refer such individual to
adult education and literacy activities under
title II, including for co-enrollment in such
activities, as appropriate.'';
(B) in subparagraph (B)--
(i) in clause (i)--
(I) in subclause (I), by striking
``other grant assistance for such
services, including'' and inserting
``assistance for such services under'';
and
(II) by striking ``under other grant
assistance programs, including'' and
inserting ``under''; and
(ii) by adding at the end the following:
``(iv) Participation during eligibility
determination.--An individual may participate
in a program of training services during the
period which such individual's eligibility for
training services under clause (i) is being
determined, except that the provider of such a
program shall only receive reimbursement under
this Act for the individual's participation
during such period if such individual is
determined to be eligible under clause (i).'';
(C) in subparagraph (D)(xi), by striking ``customized
training'' and inserting ``employer-directed skills
development'';
(D) in subparagraph (E)--
(i) by striking ``are basic skills
deficient'' and inserting ``have foundational
skill needs''; and
(ii) by striking ``paragraph (2)(A)(xii)''
and inserting ``paragraph (2)(B)(vii)'';
(E) in subparagraph (G)(ii)--
(i) in subclause (II), by striking
``customized training'' and inserting
``employer-directed skills development''; and
(ii) in subclause (IV), by striking ``is a''
and inserting ``is an evidence-based'';
(F) in subparagraph (H)--
(i) in clause (i), by striking
``reimbursement described in section 3(44)''
and inserting ``reimbursement described in the
definition of the term ``on-the-job training''
in section 3''; and
(ii) in clause (ii)--
(I) in subclause (I), by inserting
``, such as the extent to which
participants are individuals with
barriers to employment'' after
``participants''; and
(II) in subclause (III), by inserting
``, including whether the skills a
participant will obtain are
transferable to other employers,
occupations, or industries in the local
area or the State'' after
``opportunities''; and
(G) by adding at the end the following:
``(I) Employer-directed skills development.--An
employer may receive a contract from a local board to
provide employer-directed skills development to a
participant or group of participants if the employer
submits to the local board an agreement that
establishes--
``(i) the provider of the skills development
program, which may be the employer;
``(ii) the length of the skills development
program;
``(iii) the recognized postsecondary
credentials that will be awarded to, or the
occupational skills that will be gained by,
program participants;
``(iv) the cost of the skills development
program;
``(v) the amount of such cost that will be
paid by the employer, which shall not be less
than the amount specified in section 3(14)(C);
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) may use up to 5 percent of the
funds reserved by the local area under
subparagraph (A)(i) or, if the local
area reserved funds under subparagraph
(A)(ii), up to 10 percent of such
reserved funds; and
``(II) may use funds reserved under
section 134(a)(2)(A) for statewide
rapid response activities and provided
by the State to local area to establish
such accounts.
``(ii) Eligibility.--
``(I) In general.--Subject to
subclause (II), a local board that
seeks to establish incumbent worker
upskilling accounts under clause (i)
shall establish criteria for
determining the eligibility of an
incumbent worker to receive such an
account, which shall take into account
factors of--
``(aa) the wages of the
incumbent worker as of the date
of determining such worker's
eligibility under this clause;
``(bb) the career advancement
opportunities for the incumbent
worker in the occupation of
such worker as of such date;
and
``(cc) the ability of the
incumbent worker to, upon
completion of the program of
training services selected by
such worker, secure employment
in an in-demand industry or
occupation in the local area
that will lead to economic
self-sufficiency and wages
higher than the current wages
of the incumbent worker.
``(II) Limitation.--
``(aa) In general.--An
incumbent worker described in
item (bb) shall be ineligible
to receive an incumbent worker
upskilling account under this
subparagraph.
``(bb) Ineligibility.--Item
(aa) shall apply to an
incumbent worker--
``(AA) whose total
annual wages for the
most recent year are
greater than the median
household income of the
State; or
``(BB) who has earned
a baccalaureate or
professional degree.
``(iii) Cost sharing for certain incumbent
workers.--With respect to an incumbent worker
determined to be eligible to receive an
incumbent worker upskilling account who is not
a low-income individual--
``(I) such incumbent worker shall pay
not less than 25 percent of the cost of
the program of training services
selected by such worker; and
``(II) funds provided through the
incumbent worker upskilling account
established for such worker shall cover
the remaining 75 percent of the cost of
the program.''.
CHAPTER 4--AUTHORIZATION OF APPROPRIATIONS
SEC. 145. AUTHORIZATION OF APPROPRIATIONS.
Section 136 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3181) is amended to read as follows:
``SEC. 136. AUTHORIZATION OF APPROPRIATIONS.
``(a) Youth Workforce Investment Activities.--There are authorized to
be appropriated to carry out the activities described in section 127(a)
$976,573,900 for each of the fiscal years 2025 through 2030.
``(b) Adult Employment and Training Activities.--There are authorized
to be appropriated to carry out the activities described in section
132(a)(1) $912,218,500 for each of the fiscal years 2025 through 2030.
``(c) Dislocated Worker Employment and Training Activities.--There
are authorized to be appropriated to carry out the activities described
in section 132(a)(2) $1,451,859,000 for each of the fiscal years 2025
through 2030.''.
Subtitle D--Job Corps
SEC. 151. PURPOSES.
Section 141 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3191) is amended by striking ``centers'' each place it appears
and inserting ``campuses''.
SEC. 152. DEFINITIONS.
Section 142 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3192) is amended--
(1) in paragraphs (1), (7), (8), and (10), by striking
``center'' each place it appears and inserting ``campus''; and
(2) in paragraph (7), by striking ``center'' in the header
and inserting ``campus''.
SEC. 153. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
Section 144 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3194) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``21'' and inserting ``24'';
(ii) by amending subparagraph (A) to read as
follows:
``(A) an individual who is age 16 or 17 shall be
eligible only upon an individual determination by the
director of a Job Corps campus that such individual
meets the criteria described in subparagraph (A) or (B)
of section 145(b)(1); and''; and
(iii) in subparagraph (B), by striking
``either'';
(B) in paragraph (2), by inserting after
``individual'' the following: ``or a resident of a
qualified opportunity zone as defined in section 1400Z-
1(a) of the Internal Revenue Code of 1986''; and
(C) in paragraph (3), by amending subparagraph (A) to
read as follows:
``(A) Has foundational skill needs.'';
(2) in subsection (b), by inserting after ``a veteran'' the
following: ``or a member of the Armed Forces eligible for
preseparation counseling of the Transition Assistance Program
under section 1142 of title 10, United States Code''; and
(3) by inserting at the end the following:
``(c) Special Rule for Homeless and Foster Youth.--In determining
whether an individual is eligible to enroll for services under this
subtitle on the basis of being an individual who is a homeless child or
youth, or a youth in foster care, as described in subsection (a)(3)(C),
staff shall--
``(1) if determining whether the individual is a homeless
child or youth, use a process that is in compliance with the
requirements of subsection (a) of section 479D of the Higher
Education Act of 1965, as added by section 702(l) of the FAFSA
Simplification Act (Public Law 116-260), for financial aid
administrators; and
``(2) if determining whether the individual is a youth in
foster care, use a process that is in compliance with the
requirements of subsection (b) of such section 479D of the
Higher Education Act of 1965, as added by section 702(l) of the
FAFSA Simplification Act (Public Law 116-260), for financial
aid administrators.''.
SEC. 154. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT OF
ENROLLEES.
Section 145 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3195) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) by amending subparagraph (A) to read as
follows:
``(A) prescribe procedures for--
``(i) administering drug tests to enrollees;
and
``(ii) informing such enrollees that drug
tests will be administered;'';
(ii) in subparagraph (D), by striking
``and'';
(iii) in subparagraph (E), by striking the
period and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) assist applicable one-stop centers and other
entities identified in paragraph (3) in developing
joint applications for Job Corps, YouthBuild, and the
youth activities described in section 129.''; and
(B) by adding at the end the following:
``(6) Drug test procedures.--The procedures prescribed under
paragraph (2)(A)(i) shall require that--
``(A) each enrollee take a drug test not more than 48
hours after such enrollee arrives on campus;
``(B) if the result of the drug test taken by an
enrollee pursuant to subparagraph (A) is positive, the
enrollee take a subsequent drug test at the earliest
appropriate time (considering the substance and potency
levels identified in the initial test) to determine if
the enrollee has continued to use drugs since arriving
on campus, the results of which must be received not
later than 50 days after the enrollee arrived on
campus; and
``(C) if the result of the subsequent test
administered under subparagraph (B) is positive, the
enrollee be terminated from the program and referred to
a substance use disorder treatment program.''; and
(2) in subsections (b), (c), and (d)--
(A) by striking ``center'' each place it appears and
inserting ``campus''; and
(B) by striking ``centers'' each place it appears and
inserting ``campus''.
SEC. 155. JOB CORPS CAMPUSES.
Section 147 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3197) is amended--
(1) in the header, by striking ``centers'' and inserting
``campuses'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``center'' each place it
appears and inserting ``campus''; and
(ii) in subparagraph (A), by inserting after
``area career and technical education school,''
the following: ``an institution of higher
education,'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``center'' each place
it appears and inserting ``campus'';
and
(II) by inserting after ``United
States Code,'' the following: ``and
paragraph (2)(C)(iii) of section
159(f),''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``operate a
Job Corps center'' and
inserting ``operate a Job Corps
campus'';
(bb) by striking subclause
(IV);
(cc) by redesignating
subclauses (I), (II), (III),
and (V), as subclauses (III),
(IV), (V), and (VI),
respectively;
(dd) by inserting before
subclause (III), as so
redesignated, the following:
``(I) (aa) in the case of an entity
that has previously operated a Job
Corps campus, a numeric metric of the
past achievement on the primary
indicators of performance for eligible
youth described in section
116(b)(2)(A)(ii); or
``(bb) in the case of an entity that
has not previously operated a Job Corps
campus, an alternative numeric metric
on the past effectiveness of the entity
in successfully assisting at-risk youth
to connect to the labor force, based on
such primary indicators of performance
for eligible youth;
``(II) in the case of an entity that
has previously operated a Job Corps
campus, any information regarding the
entity included in any report developed
by the Office of Inspector General of
the Department of Labor;'';
(ee) in subclauses (III) and
(IV), as so redesignated, by
striking ``center'' each place
it appears and inserting
``campus'';
(ff) in subclause (V), as so
redesignated, by striking
``center is located'' and
inserting ``campus is located,
including agreements to provide
off-campus work-based learning
opportunities aligned with the
career and technical education
provided to enrollees''; and
(gg) by amending subclause
(VI), as so redesignated, to
read as follows:
``(VI) the ability of the entity to
implement an effective behavior
management plan, as described in
section 152(a), and maintain a safe and
secure learning environment for
enrollees.''; and
(II) in clause (ii), by striking
``center'' and inserting ``campus'';
(C) in paragraph (3)--
(i) by striking ``center'' each place it
appears and inserting ``campus'';
(ii) in subparagraph (D), by inserting after
``is located'' the following: ``, including
agreements to provide off-campus work-based
learning opportunities aligned with the career
and technical education provided to
enrollees'';
(iii) by redesignating subparagraphs (E),
(F), (G), (H), (I), (J), and (K) as
subparagraphs (F), (G), (H), (I), (J), (K), and
(L), respectively; and
(iv) by inserting after subparagraph (D) the
following:
``(E) A description of the policies that will be
implemented at the campus regarding security and access
to campus facilities, including procedures to report on
and respond to criminal actions and other emergencies
occurring on campus.'';
(3) in subsection (b)--
(A) in the header, by striking ``Centers'' and
inserting ``Campuses'';
(B) by striking ``center'' each place it appears and
inserting ``campus'';
(C) by striking ``centers'' each place it appears and
inserting ``campuses'';
(D) in paragraph (2)(A), by striking ``20 percent''
and inserting ``25 percent''; and
(E) by striking paragraph (3);
(4) in subsection (c)--
(A) by striking ``centers'' and inserting
``campuses''; and
(B) by striking ``20 percent'' and inserting ``30
percent'';
(5) in subsection (d) by striking ``centers'' each place it
appears and inserting ``campuses'';
(6) in subsection (e)(1), by striking ``centers'' and
inserting ``campuses'';
(7) in subsection (f), by striking ``2-year period'' and
inserting ``3-year period''; and
(8) in subsection (g)--
(A) by striking ``center'' each place it appears and
inserting ``campus'';
(B) in paragraph (1)--
(i) by striking subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (A);
(iii) by amending subparagraph (A), as so
redesignated--
(I) by striking ``50 percent'' and
inserting ``80 percent''; and
(II) by striking the period at the
end and inserting ``; or''; and
(iv) by inserting after subparagraph (A), as
so redesignated and amended, the following:
``(B) failed to achieve an average of 80 percent of
the level of enrollment that was agreed to in the
agreement described in subsection (a)(1)(A).'';
(C) in paragraph (3) by striking ``shall provide''
and inserting ``shall provide, at least 30 days prior
to renewing the agreement''; and
(D) in paragraph (4)--
(i) in subparagraph (C), by striking ``and''
after the semicolon;
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting after subparagraph (C) the
following:
``(D) has maintained a safe and secure campus
environment; and''.
SEC. 156. PROGRAM ACTIVITIES.
Section 148 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3198) is amended--
(1) in subsection (a)--
(A) by striking ``center'' and inserting ``campus'';
(B) in paragraph (1), by inserting before the period
at the end the following: ``, and productive
activities, such as tutoring or other skills
development opportunities, for residential enrollees to
participate in outside of regular class time and work
hours in order to increase supervision of enrollees and
reduce behavior infractions''; and
(2) in subsection (c)--
(A) by striking ``centers'' each place it appears and
inserting ``campuses''; and
(B) in paragraph (1)--
(i) by striking ``the eligible providers''
and inserting ``any eligible provider''; and
(ii) by inserting after ``under section 122''
the following: ``that is aligned with the
career and technical education an enrollee has
completed''.
SEC. 157. SUPPORT.
Section 150 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3200) is amended--
(1) in subsection (a), by striking ``centers'' and inserting
``campuses''; and
(2) by adding at the end the following:
``(d) Period of Transition.--Notwithstanding the requirements of
section 146(b), a Job Corps graduate may remain an enrollee and a
resident of a Job Corps campus for not more than one month after
graduation as such graduate transitions into independent living and
employment if such graduate--
``(1) has not had a behavioral infraction in the 90 days
prior to graduation; and
``(2) receives written approval from the director of the Job
Corps campus to remain such a resident.''.
SEC. 158. OPERATIONS.
Section 151 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3201) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus''; and
(2) by adding at the end the following:
``(d) Local Authority.--
``(1) In general.--Subject to the limitations of the budget
approved by the Secretary for a Job Corps campus, the operator
of a Job Corps campus shall have the authority, without prior
approval from the Secretary, to--
``(A) hire staff and provide staff professional
development;
``(B) set terms and enter into agreements with
Federal, State, or local educational partners, such as
secondary schools, institutions of higher education,
child development centers, units of Junior Reserve
Officer Training Corps programs established under
section 2031 of title 10, United States Code, or
employers; and
``(C) engage with and educate stakeholders about Job
Corps operations and activities.
``(2) Limitation of liability.--In the case of an agreement
described in paragraph (1)(B) that does not involve the Job
Corps operator providing monetary compensation to the entity
involved in such agreement from the funds made available under
this subtitle, such agreement shall not be considered a
subcontract (as defined in section 8701 of title 41, United
States Code).
``(e) Prior Notice.--Prior to making a change to the agreement
described in section 147(a) or an operating plan described in this
section, the Secretary shall solicit from the operators of the Job
Corps campuses information on any operational costs the operators
expect to result from such change.''.
SEC. 159. STANDARDS OF CONDUCT.
Section 152 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3202) is amended--
(1) by striking ``centers'' each place it appears and
inserting ``campuses'';
(2) in subsection (a), by inserting ``As part of the
operating plan required under section 151(a), the director of
each Job Corps campus shall develop and implement a behavior
management plan consistent with the standards of conduct and
subject to the approval of the Secretary.'' at the end; and
(3) in subsection (b)(2)(A), by striking ``or disruptive'';
(4) by amending subsection (c) to read as follows:
``(c) Appeal Process.--
``(1) Enrollee appeals.--A disciplinary measure taken by a
director under this section shall be subject to expeditious
appeal in accordance with procedures established by the
Secretary.
``(2) Director appeals.--
``(A) In general.--The Secretary shall establish an
appeals process under which the director of a Job Corps
campus may submit a request that an enrollee who has
engaged in an activity which is a violation of the
guidelines established pursuant to subsection (b)(2)(A)
remain enrolled in the program, but be subject to other
disciplinary actions.
``(B) Contents.--An request under paragraph (A) shall
include--
``(i) a signed certification from the
director attesting that, to the belief of the
director, the continued enrollment of such
enrollee would not impact the safety or
learning environment of the campus; and
``(ii) the behavioral records of such
enrollee.
``(C) Timeline.--The Secretary shall review such
appeal and either approve or deny the appeal within 30
days of receiving such appeal.
``(D) Ineligibility for appeal.--The Secretary shall
reject an appeal made by a director of a Job Corps
campus if such campus has been found out of compliance
with the requirements under subsection (d) at any time
during the previous 5 years.''; and
(5) by adding at the end the following:
``(d) Incident Reporting.--
``(1) In general.--The Secretary shall require that the
director of a Job Corps campus report to the appropriate
regional office--
``(A) not later than 2 hours after the campus
management becomes aware of the occurrence of--
``(i) an enrollee or on-duty staff death;
``(ii) any incident--
``(I) requiring law enforcement
involvement;
``(II) involving a missing minor
student; or
``(III) where substantial property
damage has occurred; or
``(iii) a level 1 infraction;
``(B) in the case of a level 2 infraction, on a
quarterly basis, including the number and type of such
infractions that occurred during such time period; and
``(C) in the case of a minor infraction, as
determined necessary by the Secretary.
``(2) Infractions defined.--In this subsection:
``(A) Level 1 infraction.--The term `level 1
infraction' means an activity described in subsection
(b)(2)(A).
``(B) Level 2 infraction.--The term `level 2
infraction' means an activity, other than a level 1
infraction, determined by the Secretary to be a serious
infraction.
``(C) Minor infraction.--The term `minor infraction'
means an activity, other than a level 1 or 2
infraction, determined by the Secretary to be an
infraction.
``(3) Law enforcement agreements.--The director of each Job
Corps campus shall enter into an agreement with the local law
enforcement agency with jurisdiction regarding procedures for
the prompt reporting and investigation of potentially illegal
activity on Job Corps campuses.''.
SEC. 160. COMMUNITY PARTICIPATION.
Section 153 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3203) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus'';
(2) by striking ``centers'' each place it appears and
inserting ``campuses''; and
(3) in subsection (c), in the heading, by striking
``Centers'' and inserting ``Campuses''.
SEC. 161. WORKFORCE COUNCILS.
Section 154 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3204) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus'';
(2) in subsection (d), in the heading, by striking ``New
Centers'' and inserting ``New Campuses''.
SEC. 162. ADVISORY COMMITTEES.
Section 155 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3205) is amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary'';
(2) by striking ``centers'' and inserting ``campuses''
(3) by striking ``center'' and inserting ``campus''; and
(4) by adding at the end the following:
``(b) Advisory Committee to Improve Job Corps Safety.--Not later than
6 months after the date of enactment of the A Stronger Workforce for
America Act, the Secretary shall establish an advisory committee to
provide recommendations on effective or evidence-based strategies to
improve--
``(1) safety, security, and learning conditions on Job Corps
campuses; and
``(2) the standards for campus safety established under
section 159(c)(4).''.
SEC. 163. EXPERIMENTAL PROJECTS AND TECHNICAL ASSISTANCE.
Section 156 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3206) is amended--
(1) by striking ``center'' and inserting ``campus'';
(2) by striking ``centers'' and inserting ``campuses'';
(3) by redesignating subsection (b) as subsection (c);
(4) by inserting the following after subsection (a):
``(b) Job Corps Scholars.--
``(1) In general.--The Secretary may award grants, on a
competitive basis, to institutions of higher education to
enroll cohorts of Job Corps eligible youth in Job Corps
Scholars activities for a 24-month period and pay the tuition
and necessary costs for enrollees for such period.
``(2) Activities.--Job Corps Scholar activities shall
include--
``(A) intensive counseling services and supportive
services;
``(B) a 12-month career and technical education
component aligned with in-demand industries and
occupations in the State where the institution of
higher education that is receiving the grant is
located; and
``(C) a 12-month employment placement period that
follows the component described in subparagraph (B).
``(3) Performance data.--The Secretary shall collect
performance information from institutions of higher education
receiving grants under this subsection on the primary
indicators of performance for eligible youth described in
section 116(b)(2)(A)(ii), the cost per participant and cost per
graduate, and other information as necessary to evaluate the
success of Job Corps Scholars grantees in improving outcomes
for at-risk youth.
``(4) Evaluation.--At the end of each 2-year period for which
the Secretary awards grants under this subsection, the
Secretary shall provide for an independent, robust evaluation
that compares--
``(A) the outcomes achieved by Job Corps Scholars
participants with the outcomes achieved by other
participants in the Job Corps program during such 2-
year period; and
``(B) the costs of the Job Corps Scholars programs
with the costs of other Job Corps programs during such
2-year period.''; and
(5) in subsection (c)(1), as so redesignated, is amended by
striking ``and'' at the end of subparagraph (C) and by adding
at the end the following:
``(D) in the development and implementation of a
behavior management plan under section 152(a); and
``(E) maintaining a safe and secure learning
environment; and''.
SEC. 164. SPECIAL PROVISIONS.
Section 158 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3208) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus''; and
(2) in subsection (f)--
(A) by striking ``may accept on behalf of the Job
Corps or individual Job Corps centers charitable
donations of cash'' and inserting ``, on behalf of the
Job Corps or Job Corps campus operators, may accept
grants, charitable donations of cash,''; and
(B) by inserting at the end the following:
``Notwithstanding sections 501(b) and 522 of title 40,
United States Code, any property acquired by a Job
Corps campus shall be directly transferred, on a
nonreimbursable basis, to the Secretary.''.
SEC. 165. MANAGEMENT INFORMATION.
(a) Levels of Performance.--Section 159 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3209) is amended--
(1) by striking ``center'' each place it appears and
inserting ``campus'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``The Secretary'' and
inserting the following:
``(A) In general.--The Secretary''.
(ii) by inserting ``that are ambitious yet
achievable and'' after ``program''; and
(iii) by adding at the end the following new
subparagraphs:
``(B) Levels of performance.--In establishing the
expected performance levels under subparagraph (A) for
a Job Corps campus, the Secretary shall take into
account--
``(i) how the levels involved compare with
the recent performance of such campus and the
performance of other campuses within the same
State or geographic region;
``(ii) the levels of performance set for the
primary indicators of performance for eligible
youth described in section 116(b)(2)(A)(ii) for
the State in which the campus is located;
``(iii) the differences in actual economic
conditions (including differences in
unemployment rates and job losses or gains in
particular industries) between the local area
of such campus and other local areas with a
campus; and
``(iv) the extent to which the levels
involved promote continuous improvement in
performance on the primary indicators of
performance by such campus and ensure optimal
return on the use of Federal funds.
``(C) Performance per contract.--The Secretary shall
ensure the expected levels of performance are
established in the relevant contract or agreement.
``(D) Revisions based on economic conditions and
individuals served during the program year.--
``(i) In general.--In the event of a
significant economic downturn, the Secretary
may revise the applicable adjusted levels of
performance for each of the campuses for a
program year to reflect the actual economic
conditions during such program year.
``(ii) Report to congress.--Prior to
implementing the revisions described in clause
(i), the Secretary shall submit to the
Committee on Education and the Workforce of the
House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the
Senate a report explaining the reason for such
revisions.
``(E) Review of performance levels.--The Office of
Inspector General of the Department of Labor shall,
every 5 years, submit to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate, and publish in the Federal Register and on
a publicly available website of the Department, a
report containing--
``(i) a quadrennial review of the expected
levels of performance; and
``(ii) an evaluation of whether--
``(I) the Secretary is establishing
such expected levels of performance in
good faith; and
``(II) such expected levels have led
to continued improvement of the Job
Corps program.'';
(B) by redesignating paragraph (4) as paragraph (5);
(C) by inserting after paragraph (3) the following:
``(4) Campus safety.--
``(A) In general.--The Secretary shall establish
campus and student safety standards. A Job Corps campus
failing to achieve such standards shall be required to
take the performance improvement actions described in
subsection (f).
``(B) Considerations.--In establishing the campus and
student safety standards under subparagraph (A), the
Secretary shall take into account--
``(i) incidents reported under section
152(d);
``(ii) survey data from enrollees, faculty,
staff, and community members; and
``(iii) any other considerations identified
by the Secretary after reviewing the
recommendations of the advisory group described
in section 155(b).'';
(D) in paragraph (5), as so redesignated--
(i) in subparagraph (A), by striking ``and''
at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(C) the number of contracts that were awarded a
renewal compared to those eligible for a renewal;
``(D) the number of campuses where the contract was
awarded to a new operator; and
``(E) the number of campuses that were required to
receive performance improvement, as described under
subsection (f)(2), including whether any actions were
taken as described in subparagraphs (B) and (C) of such
subsection.''; and
(E) by adding at the end the following:
``(6) Wage records.--The Secretary shall make arrangements
with a State or other appropriate entity to facilitate the use
of State wage records to evaluate the performance of Job Corps
campuses on the employment and earnings indicators described in
clause (i)(III) of subparagraph (A) of section 116(b)(2)(A) and
subclauses (I) and (II) of clause (ii) of such subparagraph for
the purposes of the report required under paragraph (5).'';
(3) in subsection (d)(1)--
(A) by inserting ``and make available on the website
of the Department pertaining to the Job Corps program
in a manner that is consumer-tested to ensure it is
easily understood, searchable, and navigable,'' after
``subsection (c)(4),'';
(B) in subparagraph (B), by striking ``gender'' and
inserting ``sex'';
(C) by redesignating subparagraphs (J) through (O) as
subparagraphs (K) through (P), respectively; and
(D) by inserting the following after subparagraph
(I):
``(J) the number of appeals under section 152(c) and
a description of each appeal that was approved;''; and
(4) in subsection (g)(2), by striking ``comply'' and
inserting ``attest to compliance''.
(b) Performance Assessments and Improvements.--Section 159(f) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3209) is amended to
read as follows:
``(f) Performance Assessments and Improvements.--
``(1) Assessments.--The Secretary shall conduct an annual
assessment of the performance of each Job Corps campus on the
primary indicators of performance described in section
116(b)(2)(A)(ii), where each indicator shall be given equal
weight in determining the overall performance of the campus.
Based on the assessment, the Secretary shall take measures to
continuously improve the performance of the Job Corps program.
``(2) Performance improvement.--
``(A) Initial failure.--With respect to a Job Corps
campus that fails to meet an average of 90 percent on
the expected levels of performance across all the
primary indicators of performance specified in
subsection (c)(1) or is ranked among the lowest 10
percent of Job Corps campuses, the Secretary shall,
after each program year of such performance failure,
develop and implement a performance improvement plan
for such campus. Such a plan shall require action to be
taken during a 1-year program year period, which shall
include providing technical assistance to the campus.
``(B) Repeat failure.--With respect to a Job Corps
campus that, for two consecutive program years, fails
to meet an average of 85 percent on the expected levels
of performance across all the primary indicators of
performance or is ranked among the lowest 10 percent of
Job Corps campuses, the Secretary shall take
substantial action to improve the performance of such
campus, which shall include--
``(i) changing the management staff of the
campus;
``(ii) changing the career and technical
education and training offered at the campus;
``(iii) replacing the operator of the campus;
or
``(iv) reducing the capacity of the campus.
``(C) Chronic failure.--With respect to a Job Corps
campus that, for the two consecutive program years
immediately following the Secretary taking substantial
performance action under subparagraph (B), fails to
meet an average of 85 percent on the expected levels of
performance across all the primary indicators or is
ranked among the lowest 10 percent of Job Corps
campuses, the Secretary shall take further substantial
action to improve the performance of such campus, which
shall include--
``(i) relocating the campus;
``(ii) closing the campus; or
``(iii) awarding funding directly to the
State in which the campus is located for
operation of the campus, and for which the
Secretary shall enter into a memorandum of
understanding with such State for purposes of
operating the campus in its current location
and may encourage innovation in such memorandum
of understanding by waiving any statutory or
regulatory requirement of this subtitle except
for those related to participant eligibility
under section 144, standards of conduct under
section 152, and performance reporting and
accountability under this section.
``(3) Additional performance improvement.--In addition to the
performance improvement plans required under paragraph (2), the
Secretary may develop and implement additional performance
improvement plans for a Job Corps campus that fails to meet
criteria established by the Secretary other than the expected
levels of performance described in subsection (c)(1).
``(4) Civilian conservation centers.--With respect to a
Civilian Conservation Center that, for 3 consecutive program
years, fails to meet an average of 90 percent of the expected
levels of performance across all the primary indicators of
performance specified in subsection (c)(1), the Secretary of
Labor or, if appropriate, the Secretary of Agriculture shall
select, on a competitive basis, an entity to operate part or
all of the Civilian Conservation Center in accordance with the
requirements of section 147.''.
(c) Conforming Amendments.--Section 159 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3209) is further amended--
(1) by striking ``centers'' each place it appears and
inserting ``campuses''; and
(2) in subsection (g)(1), in the header, by striking
``Center'' and inserting ``Campus''.
SEC. 166. JOB CORPS OVERSIGHT AND REPORTING.
Section 161 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3211) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Report on Implementation of Recommendations.--The Secretary
shall, on an annual basis, prepare and submit to the appropriate
committees a report regarding the implementation of all outstanding
recommendations from the Office of Inspector General of the Department
of Labor or the Government Accountability Office.''.
SEC. 167. AUTHORIZATION OF APPROPRIATIONS.
Section 162 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3212) is amended to read as follows:
``SEC. 162. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subtitle
$1,760,155,000 for each of the fiscal years 2025 through 2030.''.
Subtitle E--National Programs
SEC. 171. NATIVE AMERICAN PROGRAMS.
Section 166 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3221) is amended--
(1) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``and'';
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by inserting at the end the following:
``(C) are evidence-based, to the extent
practicable.'';
(2) in subsection (d)(2)--
(A) by redesignating subparagraph (B) as subparagraph
(C); and
(B) by inserting after subparagraph (A) the
following:
``(B) Administrative costs.--Not more than 10 percent
of the funds provided to an entity under this section
may be used for the administrative costs of the
activities and services carried out under subparagraph
(A).'';
(3) in subsection (h), by inserting after paragraph (2) the
following:
``(3) Wage records.--The Secretary shall make arrangements
with a State or other appropriate entity to facilitate the use
of State wage records to evaluate the performance of entities
funded under this section on the employment and earnings
indicators described in subclauses (I) through (III) of section
116(b)(2)(A)(i) for the purposes of the report required under
paragraph (4).
``(4) Performance results.--For each program year, the
Secretary shall make available on a publicly accessible website
of the Department a report on the performance, during such
program year, of entities funded under this section on--
``(A) the primary indicators of performance described
in section 116(b)(2)(A);
``(B) any additional indicators established under
paragraph (1)(A); and
``(C) the adjusted levels of performance for such
entities as described in paragraph (2).'';
(4) in subsection (i)--
(A) in paragraph (3)(A), by striking ``and judicial
review.'' and inserting ``judicial review, and
performance accountability pertaining to the primary
indicators of performance described in section
116(b)(2)(A).''; and
(B) in paragraph (4)(B)--
(i) by striking ``The Council'' and inserting
the following:
``(i) In general.--The Council''; and
(ii) by inserting at the end the following:
``(ii) Vacancies.--An individual appointed to
fill a vacancy on the Council occurring before
the expiration of the term for which the
predecessor of such individual was appointed
shall be appointed only for the remainder of
that term. Such an individual may serve on the
Council after the expiration of such term until
a successor is appointed.''; and
(5) by amending subsection (k)(2) to read as follows:
``(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $542,000 for
each of the fiscal years 2025 through 2030.''.
SEC. 172. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
Section 167 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3222) is amended--
(1) in subsection (c), by adding at the end the following:
``(5) Wage records.--The Secretary shall make arrangements
with a State or other appropriate entity to facilitate the use
of State wage records to evaluate the performance of entities
funded under this section on the employment and earnings
indicators described in subclauses (I) through (III) of section
116(b)(2)(A)(i) for the purposes of the report required under
paragraph (4).
``(6) Performance results.--For each program year, the
Secretary shall make available on a publicly accessible website
of the Department a report on the performance, during such
program year, of entities funded under this section on--
``(A) the primary indicators of performance described
in section 116(b)(2)(A); and
``(B) the adjusted levels of performance for such
entities as described in paragraph (3).'';
(2) by redesignating subsections (e), (f), (g), (h), and (i)
as subsections (f), (g), (h), (i), and (j), respectively;
(3) by inserting after subsection (d) the following:
``(e) Administrative Costs.--Not more than 10 percent of the funds
provided to an entity under this section may be used for the
administrative costs of the activities and services carried out under
subsection (d).''; and
(4) in subsection (i), as so redesignated, to read as
follows:
``(i) Funding Allocation; Funding Obligation.--
``(1) Funding allocation.--From the funds appropriated and
made available to carry out this section, the Secretary shall
reserve not more than 1 percent for discretionary purposes,
such as providing technical assistance to eligible entities.
``(2) Funding obligation.--
``(A) In general.--Funds appropriated and made
available to carry out this section for any fiscal year
may be obligated by the Secretary during the period
beginning on April 1 of the calendar year that begins
during such fiscal year and ending on June 30 of the
following calendar year to be made available to an
entity described in subsection (b) for the period
described in subparagraph (B).
``(B) Obligated amount.--Funds made available under
this section for a fiscal year to any entity described
in subsection (b) may be spent or reserved for spending
by such entity during the period beginning on July 1 of
the calendar year that begins during such fiscal year,
and ending on June 30 of the following calendar
year.''.
SEC. 173. TECHNICAL ASSISTANCE.
(a) General Technical Assistance.--Section 168(a)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3223(a)(1)) is amended--
(1) by striking ``appropriate training, technical assistance,
staff development'' and inserting ``appropriate education,
technical assistance, professional development for staff'';
(2) in subparagraphs (B), (C), and (D), by striking
``training'' each place it appears and inserting ``professional
development'';
(3) by redesignating subparagraphs (G) and (H) as
subparagraphs (J) and (K), respectively; and
(4) by inserting after subparagraph (F) the following:
``(G) assistance to the one-stop delivery system and
the Employment Service established under the Wagner-
Peyser Act for the integration of basic career service
activities pursuant to section 134(c)(2)(A);
``(I) assistance to States with maintaining, and
making accessible to jobseekers and employers, the
lists of eligible providers of training services
required under section 122;
``(H) assistance to States that apply for such
assistance under section 122(k) for the purposes
described in such subsection;''.
(b) Performance Accountability Technical Assistance.--Section 168(b)
of the Workforce Innovation and Opportunity Act (29 U.S.C. 3223(b)) is
amended--
(1) in the header, by striking ``Dislocated Worker'' and
inserting ``Performance Accountability''; and
(2) in paragraph (1), in the first sentence--
(A) by inserting ``, pursuant to paragraphs (1) and
(2) of section 116(f),'' after ``technical
assistance''; and
(B) by striking ``with respect to employment and
training activities for dislocated workers'' and
inserting ``with respect to the core programs''.
(c) Communities Impacted by Opioid Use Disorders.--Section 168 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3223) is further
amended by adding at the end the following:
``(d) Communities Impacted by Opioid Use Disorders.--The Secretary
shall, as part of the activities described in subsection (c)(2),
evaluate and disseminate to States and local areas information
regarding evidence-based and promising practices for addressing the
economic workforce impacts associated with high rates of opioid use
disorders, which information shall--
``(1) be updated annually to reflect the most recent and
available research; and
``(2) include information--
``(A) shared by States and local areas regarding
effective practices for addressing such impacts; and
``(B) on how to apply for any funding that may be
available under section 170(b)(1)(E).''.
SEC. 174. EVALUATIONS AND RESEARCH.
(a) In General.--Section 169 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3224) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (E), by inserting ``and''
at the end;
(ii) in subparagraph (F), by striking ``;
and'' at the end and inserting a period; and
(iii) by striking subparagraph (G);
(B) in paragraph (3)--
(i) by striking ``The Secretary'' and
inserting the following:
``(A) In general.--The Secretary''; and
(ii) by adding at the end the following new
subparagraph:
``(B) Limitation.--The Secretary may not use the
authority described in subparagraph (A) if the
evaluations required under paragraph (1) have not been
initiated or completed in the time period required.'';
and
(C) in paragraph (4), by striking ``2019'' and
inserting ``2028''; and
(2) in subsection (b)--
(A) by amending paragraph (4) to read as follows:
``(4) Studies and reports.--
``(A) Study on employment conditions.--The Secretary,
in coordination with other heads of Federal agencies,
as appropriate, may conduct a study examining the
nature of participants' unsubsidized employment after
exit from programs carried out under this Act,
including factors such as availability of paid time
off, health and retirement benefits, workplace safety
standards, predictable and stable work schedule,
stackable credentials, and advancement opportunities.
``(B) Study on improving workforce services for
individuals with disabilities.--The Secretary of Labor,
in coordination with the Secretary of Education and the
Secretary of Health and Human Services, may conduct
studies that analyze the access to services by
individuals with disabilities, including whether an
individual who is unable to receive services under
title IV due to a wait list for such services is able
to receive services under titles I through III.
``(C) Study on the effectiveness of pay for
performance.--The Secretary shall, not more than 4
years after the date of enactment of A Stronger
Workforce for America Act, conduct a study that
compares the effectiveness of the pay-for-performance
strategies used under sections 129, 134, and 172 after
such date of enactment to the awarding of grants and
contracts under such sections as in effect on the day
before the date of enactment of such Act.
``(D) Study on individual training accounts for
dislocated workers.--The Secretary shall, not more than
4 years after the date of enactment of the A Stronger
Workforce for America Act, conduct a study that
compares the usage of Individual Training Accounts for
dislocated workers after such date of enactment to the
usage of such accounts prior to such date of enactment,
including--
``(i) the types of training services and
occupations targeted by dislocated workers when
using their Individual Training Accounts; and
``(ii) the effectiveness of such skills
development.
``(E) Study on statewide critical industry skills
funds.--The Secretary shall, not more than 4 years
after the date of enactment of the A Stronger Workforce
for America Act, conduct a study that will review the
usage of statewide critical industry skills funds
established by States under section 134(a)(4) and
identify, for purposes of measuring the overall
effectiveness of the program--
``(i) the industries targeted by such Funds;
``(ii) the occupations workers are being
upskilled for;
``(iii) how frequently skills development is
provided to prospective workers and incumbent
workers, and
``(iv) the reported performance outcomes.
``(F) Study on the effectiveness of employer-based
training.--The Secretary shall, not more than 4 years
after the date of enactment of the A Stronger Workforce
for America Act, conduct a study that measures the
effectiveness of on-the-job training, employer-directed
skills training, apprenticeship, and incumbent worker
training under this title in preparing jobseekers and
workers, including those with barriers to employment,
for unsubsidized employment. Such study shall include
the cost per participant and wage and employment
outcomes, as compared to other methods of training.
``(G) Reports.--The Secretary shall prepare and
disseminate to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives, and on the publicly available website
of the Department, reports containing the results of
the studies conducted under this paragraph.''; and
(B) in paragraph (5), by adding at the end the
following:
``(C) Evaluation of grants.--
``(i) In general.--For each grant or contract
awarded under this paragraph, the Secretary
shall conduct a rigorous evaluation of the
multistate project to determine the impact of
the activities supported by the project,
including the impact on the employment and
earnings of program participants.
``(ii) Report.--The Secretary shall prepare
and disseminate to the Committee on Health,
Education, Labor, and Pensions of the Senate
and the Committee on Education and the
Workforce of the House of Representatives, and
to the public, including through electronic
means, reports containing the results of
evaluations conducted under this
subparagraph.''.
(b) Workforce Data Quality Initiative.--Section 169 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3224) is further amended by
adding at the end the following:
``(d) Workforce Data Quality Initiative.--
``(1) Grant program.--Of amount made available pursuant to
section 132(a)(2)(A) for any program year, the Secretary shall
use 5 percent of such amount, and may also use funds authorized
for purposes of carrying out this section, to award grants to
eligible entities to create workforce longitudinal data systems
and associated resources for the purposes of strengthening
program quality, building State capacity to produce evidence
for decisionmaking, meeting performance reporting requirements,
protecting privacy, and improving transparency.
``(2) Application.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit an application
to the Secretary at such time and in such manner as the
Secretary may require, which shall include--
``(A) a description of the proposed activities that
will be conducted by the eligible entity, including a
description of the need for such activities and a
detailed budget for such activities;
``(B) a description of the expected outcomes and
outputs (such as systems or products) that will result
from the proposed activities and the proposed uses of
such outputs;
``(C) a description of how the proposed activities
will support the reporting of performance data,
including employment and earnings outcomes, for the
performance accountability requirements under section
116, including outcomes for eligible training
providers;
``(D) a description of the methods and procedures the
eligible entity will use to ensure the security and
privacy of the collection, storage, and use of all data
involved in the systems and resources supported through
the grant, including compliance with State and Federal
privacy and confidentiality statutes and regulations;
and
``(E) a plan for how the eligible entity will
continue the activities or sustain the use of the
outputs created with the grant funds after the grant
period ends.
``(3) Priority.--In awarding grants under the subsection, the
Secretary shall give priority to--
``(A) eligible entities that are--
``(i) a State agency of a State that has not
previously received a grant from the Secretary
for the purposes of this subsection and
demonstrates a substantial need to improve its
data infrastructure; or
``(ii) a consortium of State agencies that is
comprised of State agencies from multiple
States and includes at least one State agency
described in clause (i) and has the capacity to
make significant contributions toward building
interoperable, cross-State data infrastructure;
and
``(B) eligible entities that will use grant funds
to--
``(i) expand the adoption and use of linked,
open, and interoperable data on credentials,
including through the development of a
credential registry or other tools and services
designed to help learners and workers make
informed decisions, such as the credential
navigation feature described in section
122(d)(2);
``(ii) participate in and contribute data to
a multistate data collaborative, including data
that provide participating States the ability
to better understand--
``(I) earnings and employment
outcomes of individuals who work out-
of-State; and
``(II) cross-State earnings and
employment trends;
``(iii) enhance collaboration with private
sector workforce and labor market data entities
and the end-users of workforce and labor market
data, including individuals, employers,
economic development agencies, and workforce
development providers; or
``(iv) leverage the use of non-Federal
contributions to improve workforce data
infrastructure, including staff capacity
building.
``(4) Use of funds.--In addition to the activities described
in paragraph (3)(B), an eligible entity awarded a grant under
this subsection may use funds to carry out any of the following
activities:
``(A) Developing or enhancing a State's workforce
longitudinal data system, including by participating
and contributing data to the State's data system, if
applicable, that links with elementary and secondary
school and postsecondary data.
``(B) Accelerating the replication and adoption of
data systems, projects, products, or practices already
in use in one or more States to other States.
``(C) Research and labor market data improvement
activities to improve the timeliness, relevance, and
accessibility of such data through pilot projects that
are developed locally but designed to scale to other
regions or States.
``(D) Establishing, enhancing, or connecting to a
system of interoperable learning and employment records
that provides individuals who choose to participate in
such system ownership of a verified and secure record
of their skills and achievements and the ability to
share such record with employers and education
providers.
``(E) Developing policies, guidelines, and security
measures for data collection, storing, and sharing to
ensure compliance with relevant Federal and State
privacy laws and regulations.
``(F) Increasing local board access to and
integration with the State's workforce longitudinal
data system in a secure manner.
``(G) Creating or participating in a data exchange
for collecting and using standards-based jobs and
employment data including, at a minimum, job titles or
occupation codes.
``(H) Improving State and local staff capacity to
understand, use, and analyze data to improve
decisionmaking and improve participant outcomes.
``(5) Administration.--
``(A) Duration.--A grant awarded under this
subsection may be for a period of up to 3 years.
``(B) Supplement, not supplant.--Funds made available
under this subsection shall be used to supplement, and
not supplant, other Federal, State, or local funds used
for development of State data systems.
``(C) Report.--Each eligible entity that receives a
grant under this subsection shall submit a report to
the Secretary not later than 180 days after the
conclusion of the grant period on the activities
supported through the grant and improvements in the use
of workforce and labor market information that have
resulted from such activities.
``(6) Definitions.--In this subsection, the term `eligible
entity' means a State agency or consortium of State agencies,
including a multistate data collaborative, that is or includes
the State agencies responsible for--
``(A) State employer wage records used by the State's
unemployment insurance programs in labor market
information reporting and analysis and for fulfilling
the reporting requirements of this Act;
``(B) the production of labor market information; and
``(C) the direct administration of one or more of the
core programs.''.
SEC. 175. NATIONAL DISLOCATED WORKER GRANTS.
Section 170 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3225) is amended--
(1) by amending subsection (a)(1) to read as follows:
``(1) Emergency or disaster.--The term `emergency or
disaster' means an emergency or a major disaster, as defined in
paragraphs (1) and (2), respectively, of section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122 (1) and (2)).'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``and''
at the end;
(ii) in subparagraph (D)--
(I) in clause (i), by striking
``spouses described in section
3(15)(E)'' and inserting ``spouses
described in subparagraph (E) of the
definition of the term `dislocated
worker' in section 3''; and
(II) in clause (ii), by striking the
period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(E) to an entity described in subsection (c)(1)(B)
to provide employment and training activities related
to the prevention and treatment of opioid use
disorders, including addiction treatment, mental health
treatment, and pain management, in an area that, as a
result of widespread opioid use, addiction, and
overdoses, has higher-than-average demand for such
activities that exceeds the availability of State and
local resources to provide such activities.''; and
(B) by adding at the end the following:
``(3) Performance results.--The Secretary shall collect the
necessary information from each entity receiving a grant under
this section to determine the performance of such entity on the
primary indicators of performance described in section
116(b)(2)(A)(i) and make such information available on the
publicly accessible website of the Department in a format that
does not reveal personally identifiable information.''; and
(3) in subsection (c)--
(A) in paragraph (1)(A)--
(i) by striking ``subsection (b)(1)(A)'' and
inserting ``subparagraph (A) or (E) of
subsection (b)(1)''; and
(ii) by striking ``, in such manner, and
containing such information'' and inserting
``and in such manner''; and
(B) in paragraph (2)--
(i) in subparagraph (B)--
(I) in the heading, by striking
``Retraining'' and inserting
``Reskilling''; and
(II) by striking ``retraining'' and
inserting ``reskilling'';
(ii) by redesignating subparagraphs (C) and
(D) as subparagraphs (D) and (E), respectively;
and
(iii) by inserting after subparagraph (B) the
following:
``(C) Opioid-related grants.--In order to be eligible
to receive employment and training assistance under a
national dislocated worker grant awarded pursuant to
subsection (b)(1)(E), an individual shall be--
``(i) a dislocated worker;
``(ii) a long-term unemployed individual;
``(iii) an individual who is unemployed or
significantly underemployed as a result of
widespread opioid use in the area; or
``(iv) an individual who is employed or
seeking employment in a health care profession
involved in the prevention and treatment of
opioid use disorders, including such
professions that provide addiction treatment,
mental health treatment, or pain management.''.
SEC. 176. YOUTHBUILD PROGRAM.
Section 171 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3226) is amended--
(1) in subsection (c)--
(A) in paragraph (1), to read as follows:
``(1) Amount of grants; reservation.--
``(A) Amount of grants.--Subject to subparagraph (B),
the Secretary is authorized to make grants to
applicants for the purpose of carrying out YouthBuild
programs approved under this section.
``(B) Reservation for rural areas and indian
tribes.--In any fiscal year in which the amount
appropriated to carry out this section is greater than
$90,000,000, the Secretary shall reserve 20 percent of
the amount appropriated that is in excess of
$90,000,000 and use such reserved amount to make
grants, for the purpose of carrying out YouthBuild
programs approved under this section, to applicants
that--
``(i) are located in rural areas; or
``(ii) are Indian Tribes, or are carrying out
such programs for the benefit of members of an
Indian Tribe.'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (iv)(II), by striking
``language learners'' and inserting
``learners''; and
(II) in clause (vii), by inserting
after ``enable individuals'' the
following: ``, including those with
disabilities,''; and
(ii) by adding at the end the following:
``(I) Provision of meals and other food assistance to
participants in conjunction with another activity
described in this paragraph.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``such
time, in such manner, and containing such
information'' and inserting ``such time and in
such manner''; and
(ii) in subparagraph (B)--
(I) in the header, by striking
``Minimum requirements'' and inserting
``Requirements'';
(II) by striking ``, at a minimum'';
(III) in clause (xx), by striking
``and'' at the end;
(IV) in clause (xxi) by striking the
period at the end and inserting ``;
and''; and
(V) by adding at the end the
following:
``(xxii) a description of the levels of
performance the applicant expects to achieve on
the primary indicators of performance described
in section 116(b)(2)(A)(ii).''; and
(D) in paragraph (4)--
(i) by striking ``such selection criteria as
the Secretary shall establish under this
section, which shall include criteria'' and
inserting ``selection criteria'';
(ii) in subparagraph (J)(iii), by adding
``and'' after the semicolon;
(iii) in subparagraph (K), by striking ``;
and'' and inserting a period; and
(iv) by striking subparagraph (L);
(2) in subsection (e)(1)--
(A) in subparagraph (A)(ii), by striking ``offender''
and inserting ``who is a justice-involved individual'';
and
(B) in subparagraph (B)(i), by striking ``are basic
skills deficient'' and inserting ``have foundational
skill needs'';
(3) in subsection (f), by striking paragraph (2) and
inserting the following:
``(2) Use of wage records.--The Secretary shall make
arrangements with a State or other appropriate entity to
facilitate the use of State wage records to evaluate the
performance of YouthBuild programs funded under this section on
the employment and earnings indicators described in section
116(b)(2)(A)(ii) for the purposes of the report required under
paragraph (3).
``(3) Performance results.--For each program year, the
Secretary shall make available, on a publicly accessible
website of the Department, a report on the performance of
YouthBuild programs, during such program year, funded under
this section on--
``(A) the primary indicators of performance described
in section 116(b)(2)(A)(ii); and
``(B) the expected levels of performance for such
programs as described in paragraph (1).'';
(4) in subsection (g), by inserting at the end the following:
``(4) Annual release of funding opportunity announcement.--
The Secretary shall, to the greatest extent practicable,
announce new funding opportunities for grants under this
section during the same time period each year for which such
grants are available.''; and
(5) by amending subsection (i) to read as follows:
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $108,150,000 for each of the
fiscal years 2025 through 2030.''.
SEC. 178. REENTRY EMPLOYMENT OPPORTUNITIES.
Subtitle D of title I of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3221 et seq.), is further amended--
(1) by redesignating section 172 as section 174; and
(2) by inserting after section 171 the following:
``SEC. 172. REENTRY EMPLOYMENT OPPORTUNITIES.
``(a) Purposes.--The purposes of this section are--
``(1) to improve the employment, earnings, and skill
attainment, and reduce recidivism, of adults and youth who have
been involved with the justice system;
``(2) to prompt innovation and improvement in the reentry of
justice-involved individuals into the workforce so that
successful initiatives can be established or continued and
replicated; and
``(3) to further develop the evidence on how to improve
employment, earnings, and skill attainment, and reduce
recidivism, of justice-involved individuals, through rigorous
evaluations of specific services provided, including how they
affect different populations and how they are best combined and
sequenced, and disseminate such evidence to entities supporting
the reentry of justice-involved individuals into the workforce.
``(b) Reentry Employment Competitive Grants, Contracts, and
Cooperative Agreements Authorized.--
``(1) In general.--From the amounts appropriated under
section 174(e) and not reserved under subsection (h), the
Secretary--
``(A) shall, on a competitive basis, make grants to,
or enter into contracts or cooperative agreements with,
eligible entities to implement reentry projects that
serve eligible adults or eligible youth;
``(B) may use not more than 30 percent of such
amounts to award funds under subparagraph (A) to
eligible entities to serve as national or regional
intermediaries to provide such funds to other eligible
entities to--
``(i) implement reentry projects described in
subparagraph (A); and
``(ii) monitor and support such entities;
``(C) shall use 30 percent of such amounts to award
funds under subparagraph (A) to eligible entities using
pay-for-performance contracts--
``(i) that specify a fixed amount that will
be paid to the entity based on the achievement
of specified levels of performance on the
indicators of performance described in
subsections (e)(1)(A)(i) and (e)(2)(A) within a
defined timetable; and
``(ii) which may provide for bonus payments
to such entity to expand capacity to provide
effective services; and
``(D) shall ensure grants awarded under this section
are awarded to eligible entities from geographically
diverse areas, in addition to the priorities described
in paragraph (4).
``(2) Award periods.--The Secretary shall award funds under
this section for an initial period of not more than 4 years.
``(3) Additional awards.--The Secretary may award, for a
period of not more than 4 years, one or more additional grants
to an eligible entity that received a grant under this section
if the eligible entity achieved the performance levels agreed
upon with the Secretary (as described in subsection (e)(3)) for
the most recent award period.
``(4) Priority.--In awarding funds under this section, the
Secretary shall give priority to eligible entities whose
applications submitted under subsection (c) demonstrate a
commitment to use such funds to implement reentry projects--
``(A) that will serve high-poverty areas;
``(B) that will enroll eligible youth or eligible
adults--
``(i) prior to the release of such
individuals from incarceration in a
correctional institution; or
``(ii) not later than 90 days after such
release;
``(C) whose strategy and design are evidence-based;
``(D) that establish partnerships with--
``(i) businesses; or
``(ii) institutions of higher education or
providers under section 122 (as determined by
the State where services are being provided) to
provide project participants with programs of
study leading to recognized postsecondary
credentials in in-demand occupations; or
``(E) that provide training services, including
customized training and on-the-job training, that are
designed to meet the specific requirements of an
employer (including a group of employers) and are
conducted with a commitment by the employer to employ
individuals upon successful completion of the
preparation.
``(c) Application.--
``(1) Form and procedure.--To be qualified to receive funds
under this section, an eligible entity shall submit an
application at such time, and in such manner, as determined by
the Secretary, and containing the information described in
paragraph (2).
``(2) Contents.--An application submitted by an eligible
entity under paragraph (1) shall contain the following:
``(A) A description of the eligible entity, including
the experience of the eligible entity in providing
employment and training services for justice-involved
individuals.
``(B) A description of the needs that will be
addressed by the reentry project supported by the funds
received under this section, and the target participant
population and the geographic area to be served.
``(C) A description of the proposed employment and
training activities and supportive services, if
applicable, to be provided under such reentry project,
and how such activities and services will prepare
participants for employment in in-demand industry
sectors and occupations within the geographic area to
be served by such reentry project.
``(D) The anticipated schedule for carrying out the
activities proposed under the reentry project.
``(E) A description of--
``(i) the partnerships the eligible entity
will establish with agencies and entities
within the criminal justice system, local
boards and one-stops, community-based
organizations, and employers (including local
businesses) to provide participants of the
reentry project with work-based learning, job
placement, and recruitment (if applicable); and
``(ii) how the eligible entity will
coordinate its activities with other services
and benefits available to justice-involved
individuals in the geographic area to be served
by the reentry project.
``(F) A description of the manner in which
individuals will be recruited and selected for
participation for the reentry project.
``(G) A detailed budget and a description of the
system of fiscal controls, and auditing and
accountability procedures, that will be used to ensure
fiscal soundness for the reentry project.
``(H) A description of the expected levels of
performance to be achieved with respect to the
performance measures described in subsection (e).
``(I) A description of the evidence-based practices
the eligible entity will use in administration of the
reentry project.
``(J) An assurance that the eligible entity will
collect, disaggregate by each subpopulation of
individuals with barriers to employment, and by race,
ethnicity, sex, and age, and report to the Secretary
the data required with respect to the reentry project
carried out by the eligible entity for purposes of
determining levels of performance achieved and
conducting the evaluation under this section.
``(K) An assurance that the eligible entity will
provide matching funds, as described in subsection
(d)(4).
``(L) A description of how the eligible entity plans
to continue the reentry project after the award period.
``(3) Additional content for intermediary applicants.--An
application submitted by an eligible entity seeking to serve as
a national or regional intermediary as described in subsection
(b)(1)(B) shall also contain the following:
``(A) An identification and description of the
eligible entities that will be subgrantees of such
intermediary and implement the reentry projects, which
shall include subgrantees in--
``(i) three or more noncontiguous
metropolitan areas or rural areas; and
``(ii) not less than 2 States.
``(B) A description of the services and supports the
intermediary will provide to the subgrantees, including
administrative and fiscal support to ensure the
subgrantees comply with all grant requirements.
``(C) A description of how the intermediary will
facilitate the replication of evidence-based practices
or other best practices identified by the intermediary
across all subgrantees.
``(D) If such intermediary is currently receiving, or
has previously received, funds under this section as an
intermediary to implement a reentry project, an
assurance that none of the subgrantees identified under
subparagraph (A) were previous subgrantees of the
intermediary for such reentry project and failed to
meet the levels of performance established for such
reentry project.
``(d) Uses of Funds.--
``(1) Required activities.--An eligible entity that receives
funds under this section shall use such funds to implement a
reentry project for eligible adults, eligible youth, or both
that provides each of the following:
``(A) One or more of the individualized career
services listed in subclauses (I) through (IX) of
section 134(c)(2)(A)(xii).
``(B) One or more of the training services listed in
clauses (i) through (x)(i) in section 134(c)(3)(D),
including subsidized employment opportunities through
transitional jobs.
``(C) For participants who are eligible youth, one or
more of the program elements listed in subparagraphs
(A) through (N) of section 129(c)(2).
``(2) Allowable activities.--An eligible entity that receives
funds under this section may use such funds to provide to
eligible adults or eligible youth the following:
``(A) Followup services after placement in
unsubsidized employment as described in section
134(c)(2)(A)(xiii).
``(B) Apprenticeship programs.
``(C) Education in digital literacy skills.
``(D) Mentoring.
``(E) Assistance in obtaining employment, including
as a result of the eligible entity--
``(i) establishing and developing
relationships and networks with large and small
employers; and
``(ii) coordinating with employers to develop
customized training programs and on-the-job
training.
``(F) Assistance with driver's license reinstatement
and fees for driver's licenses and other necessary
documents for employment.
``(G) Provision of or referral to evidence-based
mental health treatment by licensed practitioners.
``(H) Provision of or referral to substance use
disorder treatment services, provided that funds
awarded under this section are only used to provide
such services to participants who are unable to obtain
such services through other programs providing such
services.
``(I) Provisions of or referral to supportive
services, provided that no more than 5 percent of funds
awarded to an eligible entity under this section may be
used to provide such services to participants who are
able to obtain such services through other programs
providing such services.
``(3) Administrative cost limit.--An eligible entity may not
use more than 7 percent of the funds received under this
section for administrative costs, including for costs related
to collecting information, analysis, and coordination for
purposes of subsection (e) or (f).
``(4) Matching funds.--An eligible entity shall provide a
non-Federal contribution, which may be provided in cash or in-
kind, for the costs of the project in an amount that is not
less than 25 percent of the total amount of funds awarded to
the entity for such period, except that the Secretary may waive
the matching funds requirement, on a case-by-case basis and for
not more than 20 percent of all grants awarded, if the eligible
entity demonstrates significant financial hardship.
``(e) Levels of Performance.--
``(1) Establishment of levels.--
``(A) In general.--The Secretary shall establish
expected levels of performance for reentry projects
funded under this section for--
``(i) each of the primary indicators of
performance for adults and youth described in
section 116(b); and
``(ii) an indicator of performance
established by the Secretary with respect to
participant recidivism.
``(B) Updates.--The levels established under
subparagraph (A) shall be updated for each 4-year-award
period.
``(2) Agreement on performance levels.--In establishing and
updating performance levels under paragraph (1), the Secretary
shall reach agreement on such levels with the eligible entities
receiving awards under this section that will be subject to
such levels, based on, as the Secretary determines relevant for
each indicator of performance, the following factors:
``(A) The expected performance levels of each such
eligible entity described in the application submitted
under subsection (c)(2)(H).
``(B) The local economic conditions of the geographic
area to be served by each such eligible entity,
including differences in unemployment rates and job
losses or gains in particular industries.
``(C) The characteristics of project participants
when entering the project involved, including--
``(i) criminal records;
``(ii) indicators of poor work history;
``(iii) lack of work experience;
``(iv) lack of educational or occupational
skills attainment;
``(v) low levels of literacy or English
proficiency;
``(vi) disability status;
``(vii) homelessness; and
``(viii) receipt of public assistance.
``(3) Failure to meet performance levels.--In the case of an
eligible entity that fails to meet the performance levels
established under paragraph (1) and updated to reflect the
actual economic conditions and characteristics of participants
(as described in paragraph (2)(C)) served by the reentry
project involved for any award year, the Secretary shall
provide technical assistance to the eligible entity, including
the development of a performance improvement plan.
``(f) Evaluation of Reentry Projects.--
``(1) In general.--Not later than 5 years after the first
award of funds under this section is made, the Secretary
(acting through the Chief Evaluation Officer) shall meet each
of the following requirements:
``(A) Design and conduct of evaluation.--Design and
conduct an evaluation to evaluate the effectiveness of
the reentry projects funded under this section, which
meets the requirements of paragraph (2), and includes
an evaluation of each of the following:
``(i) The effectiveness of such projects in
assisting individuals with finding employment
and maintaining employment at the second
quarter and fourth quarter after unsubsidized
employment is obtained.
``(ii) The effectiveness of such projects in
assisting individuals with earning recognized
postsecondary credentials.
``(iii) The effectiveness of such projects in
relation to their cost, including the extent to
which the projects improve reentry outcomes,
including in employment, compensation (which
may include wages earned and benefits), career
advancement, measurable skills gains,
credentials earned, and recidivism of
participants in comparison to comparably
situated individuals who did not participate in
such projects.
``(iv) The effectiveness of specific services
and interventions provided and of the overall
project design.
``(v) If applicable, the extent to which such
projects effectively serve various demographic
groups, including people of different
geographic locations, ages, races, national
origins, sex, and criminal records, and
individuals with disabilities.
``(vi) If applicable, the appropriate
sequencing, combination, or concurrent
structure, of services for each subpopulation
of individuals who are participants of such
projects, such as the order, combination, or
concurrent structure and services in which
transitional jobs and occupational skills
development are provided, to ensure that such
participants are prepared to fully benefit from
employment and training services provided under
the project.
``(vii) Limitations or barriers to education
and employment as a result of occupational or
educational licensing restrictions.
``(B) Data accessibility.--Make available, on the
publicly accessible website of the Department of Labor,
data collected during the course of evaluation under
this subsection, in an aggregated format that does not
disclose personally identifiable information.
``(2) Design requirements.--An evaluation under this
subsection--
``(A) shall--
``(i) be designed by the Secretary (acting
through the Chief Evaluation Officer) in
conjunction with the eligible entities carrying
out the reentry projects being evaluated;
``(ii) include analysis of participant
feedback and outcome and process measures; and
``(iii) use designs that employ the most
rigorous analytical and statistical methods
that are reasonably feasible, such as the use
of control groups; and
``(B) may not--
``(i) collect personally identifiable
information, except to the extent such
information is necessary to conduct the
evaluation; or
``(ii) reveal or share personally
identifiable information.
``(3) Publication and reporting of evaluation findings.--The
Secretary (acting through the Chief Evaluation Officer) shall--
``(A) in accordance with the timeline determined to
be appropriate by the Chief Evaluation Officer, publish
an interim report on such evaluation;
``(B) not later than 90 days after the date on which
any evaluation is completed under this subsection,
publish and make publicly available such evaluation;
and
``(C) not later than 60 days after the completion
date described in subparagraph (B), submit to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report
on such evaluation.
``(g) Annual Report.--
``(1) Contents.--Subject to paragraph (2), the Secretary
shall post, using transparent, linked, open, and interoperable
data formats, on its publicly accessible website, an annual
report on--
``(A) the number of individuals who participated in
projects assisted under this section for the preceding
year;
``(B) the percentage of such individuals who
successfully completed the requirements of such
projects;
``(C) the performance of eligible entities on such
projects as measured by the performance indicators set
forth in subsection (e); and
``(D) an explanation of any waivers granted by the
Secretary of the matching requirement under subsection
(d)(4) .
``(2) Disaggregation.--The information provided under
subparagraphs (A) through (C) of paragraph (1) with respect to
a year shall be disaggregated by each project assisted under
this section for such year.
``(h) Reservation of Funds.--Of the funds appropriated under section
174(e) for a fiscal year, the Secretary--
``(1) may reserve not more than 5 percent for the
administration of grants, contracts, and cooperative agreements
awarded under this section, of which not more than 2 percent
may be reserved for the provision of--
``(A) technical assistance to eligible entities that
receive funds under this section; and
``(B) outreach and technical assistance to eligible
entities desiring to receive such funds, including
assistance with application development and submission;
and
``(2) shall reserve not less than 1 percent and not more than
2.5 percent for the evaluation activities under subsection (f)
or to support eligible entities with any required data
collection, analysis, and coordination related to such
evaluation activities.
``(i) Definitions.--In this section:
``(1) Chief evaluation officer.--The term `Chief Evaluation
Officer' means the head of the independent evaluation office
located in the Office of the Assistant Secretary for Policy of
the Department of Labor.
``(2) Community supervision.--The term `community
supervision' means mandatory oversight (including probation and
parole) of a formerly incarcerated person--
``(A) who was convicted of a crime by a judge or
parole board; and
``(B) who is living outside a secure facility.
``(3) Correctional institution.--The term `correctional
institution' has the meaning given the term in section 225(e).
``(4) Eligible entity.--The term `eligible entity' means--
``(A) a private nonprofit organization under section
501(c)(3) of the Internal Revenue Code of 1986,
including a community-based or faith-based
organization;
``(B) a local board;
``(C) a State or local government;
``(D) an Indian or Native American entity eligible
for grants under section 166;
``(E) a labor organization or joint labor-management
organization;
``(F) an industry or sector partnership;
``(G) an institution of higher education; or
``(H) a consortium of the entities described in
subparagraphs (A) through (H).
``(5) Eligible adult.--The term `eligible adult' means a
justice-involved individual who--
``(A) is age 25 or older; and
``(B) in the case of an individual that was
previously incarcerated, was released from
incarceration not more than 3 years prior to enrollment
in a project funded under this section.
``(6) Eligible youth.--The term `eligible youth' means a
justice-involved individual who is not younger than age 14 or
older than age 24.
``(7) High-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 an individual who has been convicted
as a juvenile or an adult and imprisoned under Federal or State
law.''.
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 in-
demand industry sectors or occupations for which such
programs will prepare participants.
``(J) The evidence upon which the education and
skills development strategies to be used in such
workforce development programs are based and an
explanation of how such evidence influenced the design
of the programs to improve education and employment
outcomes.
``(K) How activities of the eligible institution are
expected to align with the workforce strategies
identified in--
``(i) any State plan or local plan submitted
under this Act by the State, outlying area, or
locality in which the eligible institution is
expected to operate;
``(ii) any State plan submitted under section
122 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2342) by such
State or outlying area; and
``(iii) any economic development plan of the
chief executive of such State or outlying area.
``(L) The goals of the eligible institution with
respect to--
``(i) capacity building (as described in
subsection (f)(1)(B)); and
``(ii) the expected performance of
individuals participating in the programs to be
offered by the eligible institution, including
with respect to any performance indicators
applicable under section 116 or subsection (f)
of this section.
``(3) Consideration of previous experience.--The Secretary
may not disqualify an eligible institution from receiving a
grant under this section solely because such institution lacks
previous experience in building partnerships, as described in
paragraph (2)(A).
``(4) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible institutions that--
``(A) will use the grant to serve--
``(i) individuals with barriers to
employment; or
``(ii) incumbent workers who need to gain or
improve foundational skills to enhance their
employability;
``(B) use competency-based assessments, such as the
competency-based assessment identified by the State in
which the eligible institution is located under section
134(a)(2)(B)(vii), to award academic credit for prior
learning for programs supported by the grant; or
``(C) have, or will seek to have, the career
education programs supported by the grant included on
the list of eligible providers of training services
under section 122 for the State in which the eligible
institution is located.
``(e) Uses of Funds.--
``(1) Eligible institution and industry partnership.--For the
purpose of carrying out the activities specified in paragraphs
(2) and (3), an eligible institution that receives a grant
under this section shall establish a partnership (or continue
an existing partnership) with one or more employers in an in-
demand industry sector or occupation (in this section referred
to as an `eligible institution and industry partnership') and
shall maintain such partnership for the duration of the grant
period. The eligible institution shall ensure that the
partnership--
``(A) targets one or more specific high-skill, high-
wage, or in-demand industries;
``(B) includes collaboration with the workforce
development system;
``(C) serves adult and dislocated workers, incumbent
workers, and new entrants to the workforce;
``(D) uses an evidence-based program design that is
appropriate for the activities carried out by the
partnership;
``(E) incorporates work-based learning opportunities,
as defined in section 3 of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2302);
and
``(F) incorporates, to the extent appropriate,
virtual service delivery to facilitate technology-
enabled learning.
``(2) Required activities.--An eligible institution that
receives a grant under this section shall, in consultation with
the employers in the eligible institution and industry
partnership described in paragraph (1)--
``(A) establish, improve, or expand high quality,
evidence-based workforce development programs, career
pathway programs, or work-based learning programs
(including apprenticeship programs or
preapprenticeships);
``(B) provide career services to individuals
participating in the programs funded with the grant to
facilitate retention and program completion, which may
include--
``(i) career navigation, coaching,
mentorship, and case management services,
including providing information and outreach to
individuals with barriers to employment to
encourage such individuals to participate in
programs funded with the grant; and
``(ii) providing access to course materials,
technological devices, required equipment, and
other supports necessary for participation in
and successful completion of such programs; and
``(C) make available, in a format that is open,
searchable, and easily comparable, information on--
``(i) curricula and recognized postsecondary
credentials offered through programs funded
with the grant, including any curricula or
credentials created or further developed using
such grant, which for each recognized
postsecondary credential, shall include--
``(I) the issuing entity of such
credential;
``(II) any third-party endorsements
of such credential;
``(III) the occupations for which the
credential prepares individuals;
``(IV) the skills and competencies
necessary to achieve to earn such
credential;
``(V) the level of mastery of such
skills and competencies (including how
mastery is assessed); and
``(VI) any transfer value or
stackability of the credential;
``(ii) any skills or competencies developed
by individuals who participate in such programs
beyond the skills and competencies identified
as part of the recognized postsecondary
credential awarded; and
``(iii) related employment and earnings
outcomes on the primary indicators of
performance described in subclauses (I) through
(III) of section 116(b)(2)(A)(i).
``(3) Additional activities.--In addition to the activities
required under paragraph (2), an eligible institution that
receives a grant under this section shall, in consultation with
the employers in the eligible institution and industry
partnership described in paragraph (1), carry out one or more
of the following activities:
``(A) Establish, improve, or expand--
``(i) articulation agreements (as defined in
section 486A(a) of the Higher Education Act of
1965 (20 U.S.C. 1093a(a)));
``(ii) credit transfer agreements;
``(iii) corequisite remediation programs that
enable a student to receive remedial education
services while enrolled in a postsecondary
course rather than requiring the student to
receive remedial education before enrolling in
a such a course;
``(iv) dual or concurrent enrollment
programs;
``(v) competency-based education and
assessment; or
``(vi) policies and processes to award
academic credit for prior learning or for the
programs described in paragraph (2)(A).
``(B) Establish or implement plans for providers of
the programs described in paragraph (2)(A) to meet the
criteria and carry out the procedures necessary to be
included on the eligible training services provider
list described in section 122(d).
``(C) Purchase, lease, or refurbish specialized
equipment as necessary to carry out such programs,
provided that not more than 15 percent of the funds
awarded to the eligible institution under this section
may be used for activities described in this
subparagraph.
``(D) Reduce or eliminate unmet financial need
relating to the cost of attendance (as defined under
section 472 of the Higher Education Act of 1965 (20
U.S.C. 1087ll)) of participants in such programs.
``(4) Administrative cost limit.--An eligible institution may
use not more than 7 percent of the funds awarded under this
section for administrative costs, including costs related to
collecting information, analysis, and coordination for purposes
of subsection (f).
``(f) Performance Levels and Performance Reviews.--
``(1) In general.--The Secretary shall develop and implement
guidance that establishes the levels of performance that are
expected to be achieved by each eligible institution receiving
a grant under this section. Such performance levels shall be
established on the following indicators:
``(A) Each of the primary indicators of performance
for adults described in section 116(b), which shall be
applied for all individuals who participated in a
program that received funding from a grant under this
section.
``(B) The extent to which the eligible institution
built capacity by--
``(i) increasing the breadth and depth of
employer engagement and investment in workforce
development programs in the in-demand industry
sectors and occupations targeted by the
eligible institution and industry partnership
established or maintained by the eligible
institution under subsection (e)(1);
``(ii) designing or implementing new and
accelerated instructional techniques or
technologies, including the use of advanced
online and technology-enabled learning (such as
immersive technology); and
``(iii) increasing program and policy
alignment across systems and decreasing
duplicative services or service gaps.
``(C) With respect to individuals who participated in
a workforce development program funded with the grant--
``(i) the percentage of participants who
successfully completed the program; and
``(ii) of the participants who were incumbent
workers at the time of enrollment in the
program, the percentage who advanced into
higher level positions during or after
completing the program.
``(2) Consultation and determination of performance levels.--
``(A) Consideration.--In developing performance
levels in accordance with paragraph (1), the Secretary
shall take into consideration the goals of the eligible
institution pursuant to subsection (d)(2)(L).
``(B) Determination.--After completing the
consideration required under subparagraph (A), the
Secretary shall separately determine the performance
levels that will apply to each eligible institution,
taking into account--
``(i) the expected performance levels of each
eligible institution with respect to the goals
described by the eligible institution pursuant
to subsection (d)(2)(L); and
``(ii) local economic conditions in the
geographic area to be served by the eligible
institution, including differences in
unemployment rates and job losses or gains in
particular industries.
``(C) Notice and acknowledgment.--
``(i) Notice.--The Secretary shall provide
each eligible institution with a written
notification that sets forth the performance
levels that will apply to the eligible
institution, as determined under subparagraph
(B).
``(ii) Acknowledgment.--After receiving the
notification described in clause (i), each
eligible institution shall submit to the
Secretary written confirmation that the
eligible institution--
``(I) received the notification; and
``(II) agrees to be evaluated in
accordance with the performance levels
determined by the Secretary.
``(3) Performance reviews.--On an annual basis during each
year of the grant period, the Secretary shall evaluate the
performance during such year of each eligible institution
receiving a grant under this section in a manner consistent
with the performance levels determined for such institution
pursuant to paragraph (2).
``(4) Failure to meet performance levels.--After conducting
an evaluation under paragraph (3), if the Secretary determines
that an eligible institution did not achieve the performance
levels applicable to the eligible institution under paragraph
(2), the Secretary shall--
``(A) provide technical assistance to the eligible
institution; and
``(B) develop a performance improvement plan for the
eligible institution.
``(g) Evaluations and Reports.--
``(1) In general.--Not later than 4 years after the date on
which the first grant is made under this section, the Secretary
shall design and conduct an evaluation to determine the overall
effectiveness of the eligible institutions receiving a grant
under this section.
``(2) Elements.--The evaluation of the effectiveness of
eligible institutions conducted under paragraph (1) shall
include an assessment of the general effectiveness of programs
and activities supported by the grants awarded to such eligible
institutions under this section, including the extent to which
the programs and activities--
``(A) developed new, or expanded existing, successful
industry sector strategies, including the extent to
which such eligible institutions deepened employer
engagement and developed workforce development programs
that met industry skill needs;
``(B) created, expanded, or enhanced career pathways,
including the extent to which the eligible institutions
developed or improved competency-based education and
assessment, credit for prior learning, modularized and
self-paced curricula, integrated education and
workforce development, dual enrollment in secondary and
postsecondary career pathways, stacked and latticed
credentials, and online and distance learning;
``(C) created alignment between eligible institutions
and the workforce development system;
``(D) assisted individuals with finding, retaining,
or advancing in employment;
``(E) assisted individuals with earning recognized
postsecondary credentials; and
``(F) provided equal access to various demographic
groups, including people of different geographic
locations, ages, races, national origins, and sexes.
``(3) Design requirements.--The evaluation under this
subsection shall--
``(A) be designed by the Secretary (acting through
the Chief Evaluation Officer) in conjunction with the
eligible institutions being evaluated;
``(B) include analysis of program participant
feedback and outcome and process measures; and
``(C) use designs that employ the most rigorous
analytical and statistical methods that are reasonably
feasible, such as the use of control groups.
``(4) Data accessibility.--The Secretary shall make available
on a publicly accessible website of the Department of Labor any
data collected as part of the evaluation under this subsection.
Such data shall be made available in an aggregated format that
does not reveal personally identifiable information and that
ensures compliance with relevant Federal laws, including
section 444 of the General Education Provisions Act (commonly
known as the `Family Educational Rights and Privacy Act of
1974') (20 U.S.C. 1232g).
``(5) Publication and reporting of evaluation findings.--The
Secretary (acting through the Chief Evaluation Officer) shall--
``(A) in accordance with the timeline determined to
be appropriate by the Chief Evaluation Officer, publish
an interim report on the preliminary results of the
evaluation conducted under this subsection;
``(B) not later than 60 days after the date on which
the evaluation is completed under this subsection,
submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a
report on such evaluation; and
``(C) not later than 90 days after such completion
date, publish and make the results of such evaluation
available on a publicly accessible website of the
Department of Labor.
``(h) Annual Reports.--The Secretary shall make available on a
publicly accessible website of the Department of Labor, in transparent,
linked, open, and interoperable data formats, the following
information:
``(1) The performance of eligible institutions on the
capacity-building performance indicator set forth under
subsection (f)(1)(B).
``(2) The performance of eligible institutions on the
workforce development participant outcome performance
indicators set forth under subsection (f)(1)(C).
``(3) The number of individuals enrolled in workforce
development programs funded with a grant under this section.
``(i) Definitions.--In this section:
``(1) Community college.--The term `community college'
means--
``(A) a public institution of higher education (as
defined in section 101(a) of the Higher Education Act
(20 U.S.C. 1001(a)), at which--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree;
``(B) a branch campus of a 4-year public institution
of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)), if, at
such branch campus--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree;
``(C) a 2-year Tribal College or University (as
defined in section 316(b)(3) of the Higher Education
Act of 1965 (20 U.S.C. 1059c(b)(3))); or
``(D) a degree-granting Tribal College or University
(as defined in section 316(b)(3) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b)(3))) at
which--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree.
``(2) Eligible institution.--The term `eligible institution'
means--
``(A) a community college;
``(B) a postsecondary vocational institution (as
defined in section 102(c) of the Higher Education Act
of 1965 (20 U.S.C. 1002(c))); or
``(C) a consortium of such colleges or institutions.
``(j) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other Federal,
State, and local public funds made available for carrying out the
activities described in this section.''.
SEC. 180. AUTHORIZATION OF APPROPRIATIONS.
Section 174 of the Workforce Innovation and Opportunity Act, as so
redesignated, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by striking subsections (a) through (d) and inserting the
following:
``(a) Native American Programs.--There are authorized to be
appropriated to carry out section 166 (not including subsection (k) of
such section) $61,800,000 for each of the fiscal years 2025 through
2030.
``(b) Migrant and Seasonal Farmworker Programs.--There are authorized
to be appropriated to carry out section 167 $100,317,900 for each of
the fiscal years 2025 through 2030.
``(c) Technical Assistance.--There are authorized to be appropriated
to carry out section 168 $5,000,000 for each of the fiscal years 2025
through 2030.
``(d) Evaluations and Research.--There are authorized to be
appropriated to carry out section 169 $12,720,000 for each of the
fiscal years 2025 through 2030.
``(e) Reentry Program.--There are authorized to be appropriated to
carry out section 172 $115,000,000 for each of the fiscal years 2025
through 2030.
``(f) Strengthening Community Colleges Program.--There are authorized
to be appropriated to carry out section 173 $65,000,000 for each of the
fiscal years 2025 through 2030.''.
Subtitle F--Administration
SEC. 191. REQUIREMENTS AND RESTRICTIONS.
(a) Labor Standards.--Section 181(b) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3241(b)) is amended by adding at the end the
following:
``(8) Consultation.--If an employer provides on-the-job
training, incumbent worker training, or employer-directed
skills development with funds made available under this title
directly to employees of such employer that are subject to a
collective bargaining agreement with the employer, the employer
shall consult with the labor organization that represents such
employees on the planning and design of such training or
development.''.
(b) Relocation.--Section 181(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3241(d)) is amended by striking ``incumbent
worker training,'' and inserting ``incumbent worker training, employer-
directed skills development,''.
SEC. 192. GENERAL WAIVERS OF STATUTORY OR REGULATORY REQUIREMENTS.
Section 189(i)(3)(A)(i) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3249(i)(3)(A)(i)) is amended by striking ``procedures
for review and approval of plans'' and inserting ``the procedures for
review and approval of plans, the performance reports described in
section 116(d), and the requirement described in section
134(c)(1)(B)''.
SEC. 193. STATE INNOVATION DEMONSTRATION AUTHORITY.
Section 190 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3250) is amended to read as follows:
``SEC. 190. STATE INNOVATION DEMONSTRATION AUTHORITY.
``(a) Purpose.--The purpose of this section is to--
``(1) authorize States to apply under this section, in the
case of an eligible State, on behalf of the entire State, or
for any State, on behalf of a local area or a consortium of
local areas in the State, to receive the allotments or
allocations of the State or the local areas, respectively, for
youth workforce investment activities and adult and dislocated
worker employment and training activities under this Act, as a
consolidated grant for 5 years for the purpose of carrying out
a demonstration project to pursue innovative reforms to achieve
better outcomes for jobseekers, employers, and taxpayers; and
``(2) require that rigorous evaluations be conducted to
demonstrate if better outcomes and associated innovative
reforms were achieved as a result of such demonstration
projects.
``(b) General Authority.--
``(1) Waivers and demonstration grant amounts.--
Notwithstanding any other provision of law, during the
demonstration period applicable to a demonstration project
approved for a State pursuant to subsection (d)(3), the
Secretary shall comply with each of the following:
``(A) Waivers.--Subject to paragraph (2), waive for
the State as a whole, or for the local area or the
consortium of local areas in such State selected by the
State to carry out such demonstration project, all the
statutory and regulatory requirements of subtitle A and
subtitle B.
``(B) Demonstration grant amounts.--For each fiscal
year applicable to such demonstration period:
``(i) State as a whole.--In a case of a State
approved to carry out a demonstration project
under this section on behalf of the State as a
whole, distribute as a consolidated sum to the
State, for purposes of carrying out the
project, the State's total allotment for such
fiscal year under--
``(I) subsections (b)(1)(C) and
subsection (c) of section 127; and
``(II) paragraphs (1)(B) and (2)(B)
of section 132(b); and
``(III) section 132(c).
``(ii) Local area.--In a case of a local area
selected by a State to carry out a
demonstration project under this section,
require the State to--
``(I) distribute as a consolidated
sum to the local board for such local
area, for purposes of carrying out the
project, the local area's allocation
for such fiscal year under--
``(aa) subsections (b) and
(c) of section 128; and
``(bb) subsections (b) and
(c) of section 133; or
``(II) if the local board of the
local area enters into a written
agreement with the State for the State
to serve as the fiscal agent for the
local board during the demonstration
project, use the funds described in
subclause (I) for purposes of carrying
out the project on behalf of the local
board.
``(iii) Consortium of local areas.--In a case
of a consortium of local areas selected by a
State to carry out a demonstration project
under this section, require the State to--
``(I) distribute as a consolidated
sum to the consortium, for purposes of
carrying out the project, the total
amount of the allocations for the local
areas in such consortium for such
fiscal year under--
``(aa) subsections (b) and
(c) of section 128; and
``(bb) subsections (b) and
(c) of section 133; or
``(II) if the consortium enters into
a written agreement with the State for
the State to serve as the fiscal agent
for the consortium during the
demonstration project, use the funds
described in subclause (I) for purposes
of carrying out the project on behalf
of such consortium.
``(2) Exceptions.--
``(A) In general.--A State, local area, or consortium
of local areas carrying out a demonstration project
under this section shall comply with statutory or
regulatory requirements of this Act relating to--
``(i) performance accountability and
reporting, except as otherwise provided in this
section;
``(ii) the membership of local or State
boards in instances where a State carrying out
a demonstration project will maintain the use
of such boards during the demonstration period;
and
``(iii) the priority of service described in
section 134(c)(3)(E).
``(B) Applicability of defined terms.--In carrying
out a demonstration project under this section, a
State, local area, or consortium of local areas may
only use a term defined in section 3 to describe an
activity carried out under such demonstration project
if the State, local area, or consortium of local areas
gives such term the same meaning as such term is given
under such section.
``(3) Authority for third-party evaluation.--
``(A) In general.--Not later than 180 days after the
issuance of the first demonstration project awarded
under this section, the Secretary shall contract with a
third-party evaluator to conduct a rigorous evaluation
of each demonstration project for each State, local
area, or consortium of local areas awarded a
demonstration project. 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 the demonstration project 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 conducted on such project.
``(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 meets its expected levels of performance
established under subsection (f)(1) for each of the
final 3 years of the preceding 5-year period and
achieves a performance improvement of not less than an
average of a 5-percent increase across all of the
primary indicators of performance on the final year of
the preceding 5-year period compared with the expected
levels of performance.
``(2) Limitations.--
``(A) Demonstration period limitations.--For each 5-
year demonstration period (including renewals of such
period) the Secretary may not award--
``(i) more than 4 demonstration projects to
eligible States for the State as a whole under
this section; and
``(ii) more than 6 demonstration projects to
local areas (or consortia of local areas) for a
local area (or a consortium) under this
section.
``(B) State limitations.--No more than 1
demonstration project may be approved under this
section per State. For purposes of this paragraph, a
demonstration project approved for a local area or a
consortium of local areas in a State shall be
considered a demonstration project approved under this
section for the State.
``(3) Eligible states.--The Secretary may not approve a
statewide demonstration project under subsection (b)(1)(B)(i)
to a State 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 a labor force participation rate
that is less than 60 percent for the most recent
program year and a population of less than 6,000,000,
as determined by the most recent data released by the
Census Bureau.
``(d) Application.--
``(1) In general.--To be eligible to carry out a
demonstration project under this section, a State shall submit
to the Secretary an application at such time and in such manner
as the Secretary may reasonably require, and containing the
information described in paragraph (2).
``(2) Content.--Each application submitted by a State under
this subsection shall include the following:
``(A) A description of the demonstration project to
be carried out under this section, including--
``(i) whether the project will be carried
out--
``(I) by the State as a whole;
``(II) by a local area, and if so--
``(aa) an identification of--
``(AA) such local
area;
``(BB) whether the
local board for such
local area is the
fiscal agent for the
project, or whether the
local board has entered
into a written
agreement with the
State for the State to
serve as the fiscal
agent during the
project; and
``(bb) written verification
from the local board for such
local area that such local
board agrees--
``(AA) to carry out
such project; and
``(BB) to the fiscal
agent identified in
item (aa)(BB); and
``(III) by a consortium of local
areas in the State, and if so--
``(aa) an identification of--
``(AA) each local
area that comprises the
consortium; and
``(BB) the local area
that will serve as the
fiscal agent for the
consortium during the
project, or whether the
consortium has entered
into a written
agreement with the
State for the State to
serve as the fiscal
agent; and
``(bb) written verification
from each local board of each
local area identified in item
(aa)(AA) that such local board
agrees--
``(AA) to carry out
such project as a
consortium; and
``(BB) to the fiscal
agent for the
consortium identified
in item (aa)(BB);
``(ii) a description of the activities to be
carried out under the project; and
``(iii) the goals the State, local area, or
consortium intends to achieve through such
activities, which shall be aligned with purpose
described in subsection (a).
``(B) A description of the performance outcomes the
State, the local area, or consortium expects to achieve
for such activities for each year of the demonstration
period as described in subsection (f)(1).
``(C) A description of how the State, local area, or
consortium consulted with employers, the State board,
and the local boards in the State in determining the
activities to carry out under the demonstration
project.
``(D) A description of how the State will make such
activities available to jobseekers and employers in
each of the local areas in the State or, in a case of a
project that will be carried out by a local area or a
consortium, a description of how such services will be
made available to jobseekers and employers in such
local area or each of the local areas in the
consortium.
``(E) A description, if appropriate, of how the
State, local area, or consortium will integrate the
funds received, and the activities carried out, under
the demonstration project under this section with State
workforce development programs and other Federal,
State, or local workforce, education, or social service
programs (including the programs and activities listed
in section 103(a)(2), the program of adult education
and literacy activities authorized under title II, and
the program authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)).
``(F) An assurance that the State, local area, or
consortium will meet the requirements of this section.
``(3) Secretarial approval.--
``(A) In general.--Not later than 60 days after the
date on which a State submits an application under this
subsection, the Secretary shall--
``(i) in a case in which the application
meets the requirements of this section and is
not subject to the limitations described in
subsection (c)(2), approve such application and
the demonstration project described in such
application; or
``(ii) provide to the State a written
explanation of initial disapproval that meets
the requirements of subparagraph (C).
``(B) Default approval.--With respect to an
application submitted by a State under this subsection
that is not subject to the limitations described in
subsection (c), if the Secretary fails to approve such
application or provide an explanation of initial
disapproval for such application as required under
subparagraph (A), the application and the demonstration
project described in such application shall be deemed
approved by the Secretary.
``(C) Initial disapproval.--An explanation of initial
disapproval provided by the Secretary to a State under
subparagraph (A)(ii) shall provide the State--
``(i) a detailed explanation of why the
application does not meet the requirements of
this section; and
``(ii) if the State is not subject to the
limitations described in subsection (c), an
opportunity to revise and resubmit the State's
application under this section.
``(e) State Demonstration Project Requirements.--A State, local area,
or consortium that has been approved to carry out a demonstration
project under this section shall meet each of the following
requirements:
``(1) Use of funds.--Use the funds received pursuant to
subsection (b)(1)(B) solely to carry out the activities of the
demonstration project to achieve the goals described in
subsection (d)(2)(A).
``(2) Administrative costs limitation.--Use not more than 10
percent of the funds received pursuant to subsection (b)(1)(B)
for a fiscal year for the administrative costs of carrying out
the demonstration project.
``(3) Priority for services.--Give priority for services
under the project to veterans and their eligible spouses in
accordance with the requirements of section 4215 of title 38,
United States Code, recipients of public assistance, low-income
individuals, and individuals who have foundational skills
needs.
``(4) Number of participants.--Serve a number of participants
under the activities of the demonstration project for each year
of the demonstration period that--
``(A) is greater than the number of participants
served by such State, local area, or consortium under
the programs described in subparagraphs (A) and (C) of
section 3(13) for the most recent program year that
ended prior to the beginning of the first year of the
demonstration period; or
``(B) is not less than the number of participants to
be served under the activities of the demonstration
project that is agreed upon between the State, local
area, or consortium, and the Secretary--
``(i) prior to the Secretary's approval of
the application submitted under subsection (d);
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
section 3(13) for the most recent program year
that ended prior to the beginning of the first
year of the demonstration period; or
``(ii) an alternate baseline level of
performance that is agreed upon between the
State 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) 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 subparagraphs
(A) and (C) of section 3(13) shall not be included in
the levels of performance for such State for any of
such programs for purposes of section 116 for any
program year that is applicable to any year of the
demonstration period; and
``(B) with respect to any local areas of the State
that are not part of the demonstration project, the
State shall reach a new agreement with the Secretary,
for purposes of section 116(b)(3)(A), on levels of
performance for such programs for such program years.
``(g) Termination.--Except as provided under subsection (c)(1)(B),
the Secretary may not approve a demonstration project after December
31, 2030.''.
TITLE II--ADULT EDUCATION AND LITERACY
SEC. 201. PURPOSE.
Section 202 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3271) is amended--
(1) in paragraph (1), by inserting ``(including digital
literacy skills)'' before ``necessary''; and
(2) in paragraph (4), by striking ``English language
learners'' and inserting ``English learners''.
SEC. 202. DEFINITIONS.
Section 203 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3272) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``listen,''
after ``write,'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) by redesignating subparagraph (C) as subparagraph
(D); and
(D) by inserting after subparagraph (B) the
following:
``(C) develop and use digital literacy skills; and'';
(2) by redesignating paragraphs (3) through (17) as
paragraphs (4) through (18), respectively;
(3) by inserting after paragraph (2) the following:
``(3) Digital literacy skills.--The term `digital literacy
skills' means the skills associated with using existing and
emerging technologies to find, evaluate, organize, create,
communicate information, and to complete tasks.'';
(4) in paragraph (5)(C) (as so redesignated)--
(A) by striking clause (i) and inserting the
following:
``(i) has foundational skills needs;''; and
(B) in clause (iii), by striking ``English language
learner'' and inserting ``English learner'';
(5) in paragraph (7)(A) (as so redesignated), by striking
``English language learners'' and inserting ``English
learners'';
(6) in paragraph (8) (as so redesignated)--
(A) in the paragraph header, by striking
``language''; and
(B) in the matter preceding subparagraph (A), by
striking ``English language learner'' and inserting
``English learner'';
(7) in the matter preceding subparagraph (A) in paragraph
(10) (as so redesignated), by inserting ``and educational''
after ``the economic'';
(8) in paragraph (13) (as so redesignated)--
(A) by striking ``English language learners'' and
inserting ``English learners''; and
(B) by striking ``workforce training'' and inserting
``skills development, preparation for postsecondary
education or employment, and financial literacy
instruction''; and
(9) in paragraph (14) (as so redesignated)--
(A) by striking ``and solve'' and inserting
``solve''; and
(B) by inserting ``and use digital technology,''
after ``problems,''.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
Section 206 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3275) is amended to read as follows:
``SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$751,042,100 for each of the fiscal years 2025 through 2030.''.
SEC. 204. SPECIAL RULE.
Section 211(e)(3) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3291(e)(3)) is amended by striking ``period described in section
3(45)'' and inserting ``period described in subparagraph (B) of the
definition of the term `outlying area' in section 3''.
SEC. 205. PERFORMANCE ACCOUNTABILITY SYSTEM.
Section 212 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3292) is amended by striking ``section 116.'' and inserting
``section 116, except that the indicator described in subsection
(b)(2)(A)(i)(VI) of such section shall be applied as if it were the
percentage of program participants who exited the program during the
program year and completed an integrated education and training
program.''.
SEC. 206. MATCHING REQUIREMENT.
Section 222(b) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3302(b)) is amended by adding at the end the following:
``(3) Public availability of information on matching funds.--
Each eligible agency shall maintain, on a publicly accessible
website of such agency and in an easily accessible format,
information documenting the non-Federal contributions made
available to adult education and family literacy programs
pursuant to this subsection, including--
``(A) the sources of such contributions, except that
in the case of private contributions, names of the
individuals or entities providing such contributions
may not be disclosed; and
``(B) in the case of funds made available by a State
or outlying area, an explanation of how such funds are
distributed to eligible providers.''.
SEC. 207. STATE LEADERSHIP ACTIVITIES.
Section 223(a) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3303(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``activities.''
and inserting ``activities and the identification of
opportunities to coordinate with activities supported
under the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.) to
expand integrated education and training programs.'';
(B) in subparagraph (C)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) in clause (iii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) assistance in reporting participant
outcomes for the performance accountability
system described in section 212, including
facilitating partnerships with the appropriate
State entities to conduct matches with State
administrative data (such as wage records) to
determine program performance on the indicators
of performance described in subclauses (I)
through (III) of section 116(b)(2)(A)(i).'';
(C) by redesignating subparagraph (D) as subparagraph
(F); and
(D) by inserting after subparagraph (C) the
following:
``(D) The development or identification (which may be
done in coordination with other States) of
instructional materials that--
``(i) are designed to meet the needs of adult
learners and English learners;
``(ii) to the extent practicable, are
evidence-based; and
``(iii) will improve the instruction provided
pursuant to the local activities required under
section 231(b).
``(E) The dissemination of instructional materials
described in subparagraph (D) to eligible providers to
improve the instruction provided pursuant to the local
activities required under section 231(b), including
instructional materials that--
``(i) were developed for integrated education
and training in an in-demand industry or
occupation within the State; and
``(ii) lead to English language acquisition,
a recognized postsecondary credential, or
both.''; and
(2) in paragraph (2)--
(A) in subparagraph (I)(i)--
(i) by striking ``mathematics, and English''
and inserting ``mathematics, English''; and
(ii) by striking ``acquisition;'' and
inserting ``acquisition, and digital literacy
skills;'';
(B) in subparagraph (J), by striking ``retention.''
and inserting ``retention, such as the development and
maintenance of policies for awarding recognized
postsecondary credentials to adult educators who
demonstrate effectiveness at improving the achievement
of adult students.'';
(C) in subparagraph (K), by striking ``English
language learners,'' and inserting ``English
learners,'';
(D) by redesignating subparagraph (M) as subparagraph
(P); and
(E) by inserting after subparagraph (L) the
following:
``(M) Performance incentive payments to eligible
providers, including incentive payments linked to
increased use of integrated employment and training or
other forms of instruction linking adult education with
the development of occupational skills for an in-demand
occupation in the State.
``(N) Strengthening the quality and effectiveness of
adult education and family literacy programs in the
State through support for program quality standards and
accreditation requirements.
``(O) Raising public awareness (including through
public service announcements, such as social media
campaigns) about career and technical education
programs and community-based organizations, and other
endeavors focused on programs that prepare individuals
for in-demand industry sectors or occupations.''.
SEC. 208. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER
INSTITUTIONALIZED INDIVIDUALS.
Section 225 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3305)) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Coordination.--Each eligible agency that is using assistance
provided under this section to carry out a program for criminal
offenders within a correctional institution shall--
``(1) coordinate such educational programs with career and
technical education activities provided to individuals in State
institutions from funds reserved under section 112(a)(2)(A) of
the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2322(a)(2)(A)); and
``(2) identify opportunities to develop integrated education
and training opportunities for such individuals.''.
SEC. 209. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.
Section 231 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3321) is amended--
(1) in subsection (e)--
(A) in paragraph (1)(B)(ii), by striking ``English
language learners'' and inserting ``English learners'';
(B) in paragraph (5)--
(i) in subparagraph (A), by striking ``and''
at the end;
(ii) in subparagraph (B), by adding ``and''
at the end; and
(iii) by adding at the end the following:
``(C) uses instructional materials that are designed
to meet the needs of adult learners and English
learners and are evidence-based (to the extent
practicable), which may include, but shall not be
required to include, the instructional materials
disseminated by the State under section
223(a)(1)(D);''; and
(C) in paragraph (6)--
(i) by striking ``speaking,'' and inserting
``speaking and listening,''; and
(ii) by inserting before the semicolon at the
end the following: ``, which may include the
application of the principles of universal
design for learning''; and
(2) by adding at the end the following:
``(f) Cost Analysis.--In determining the amount of funds to be
awarded in grants or contracts under this section, the eligible agency
may consider the costs of providing learning in context, including
integrated education and training and workplace adult education and
literacy activities, and the extent to which the eligible provider
intends to serve individuals using such activities, in order to align
the amount of funds awarded with such costs.''.
SEC. 210. LOCAL APPLICATION.
Section 232 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3322) is amended--
(1) in paragraph (4), by inserting ``and coordinate with the
appropriate State entity'' after ``data'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) by redesignating paragraph (7) as paragraph (8); and
(4) by inserting after paragraph (6) the following:
``(7) a description of how the eligible provider will provide
learning in context, including through partnerships with
employers to offer workplace adult education and literacy
activities and integrated education and training; and''.
SEC. 211. LOCAL ADMINISTRATIVE COST LIMITS.
Section 233(a) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3323(a)) is amended--
(1) in paragraph (1), by striking ``95'' and inserting
``85''; and
(2) by amending paragraph (2) to read as follows:
``(2) of the remaining amount--
``(A) not more than 10 percent may be used for
professional development for adult educators; and
``(B) not more than 5 percent shall be used for
planning, administration (including carrying out the
requirements of section 116), professional development
of administrative staff, and the activities described
in paragraphs (3) and (5) of section 232.''.
SEC. 212. NATIONAL LEADERSHIP ACTIVITIES.
Section 242 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3332) is amended--
(1) in subsection (b)(1), by striking ``116;'' and inserting
``116, including the dissemination of effective practices used
by States to use administrative data to determine program
performance and reduce the data collection and reporting burden
on eligible providers;'';
(2) in paragraphs (1)(B) and (2)(C)(vii)(I) of subsection
(c), by striking ``English language learners'' and inserting
``English learners''; and
(3) in subsection (c)(2)--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) by redesignating subparagraph (G) as subparagraph
(I); and
(C) by inserting after subparagraph (F) the
following:
``(G) developing and rigorously evaluating programs
for the preparation of effective adult educators and
disseminating the results of such evaluations;
``(H) carrying out initiatives to support the
effectiveness and impact of adult education, that
States may adopt on a voluntary basis, through--
``(i) the development and dissemination of
staffing models that prioritize demonstrated
effectiveness and continuous improvement in
supporting the learning of adult students; and
``(ii) the evaluation and improvement of
program quality standards and accreditation
requirements; and''.
SEC. 213. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
Section 243(c)(1) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3333(c)(1)) is amended by striking ``English language learners''
and inserting ``English learners''.
TITLE III--AMENDMENTS TO OTHER LAWS
SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT.
(a) Definitions.--Section 2(5) of the Wagner-Peyser Act (29 U.S.C.
49a(5)) is amended by inserting ``the Commonwealth of the Northern
Mariana Islands, American Samoa,'' after ``Guam,''.
(b) Unemployment Compensation Law Requirement.--Section 5(b)(1) of
such Act is amended by inserting ``the Commonwealth of the Northern
Mariana Islands, American Samoa,'' after ``Guam,''.
(c) Allotments.--Section 6 of such Act (29 U.S.C. 49e) is amended--
(1) in subsection (a)--
(A) by striking ``except for Guam'' and inserting
``except for Guam, the Commonwealth of the Northern
Mariana Islands, and American Samoa'';
(B) by striking ``first allot to Guam and the Virgin
Islands'' and inserting the following: ``first allot--
``(1) to Guam and the Virgin Islands'';
(C) by striking the period at the end and inserting
``; and''; and
(D) by adding at the end the following:
``(2) beginning with the first fiscal year for which the
total amount available for allotments under this section is
greater than the total amount available for allotments under
this section for fiscal year 2024, and for each succeeding
fiscal year, to each of the Commonwealth of the Northern
Mariana Islands and American Samoa, an amount which is equal to
one-half of the amount allotted to Guam under paragraph (1) for
such fiscal year.''; and
(2) in subsection (b)(1), in the matter following
subparagraph (B), by inserting ``, the Commonwealth of the
Northern Mariana Islands, American Samoa,'' after ``Guam''.
(d) Use of Funds.--Section 7 of such Act (29 U.S.C. 49f) is amended--
(1) in subsection (a)(1), by striking ``and referral to
employers'' and inserting ``referral to employers, and the
services described in section 134(c)(2)(A)(ii) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)(ii))
when provided by the employment service office colocated with
the one-stop delivery system''; and
(2) in subsection (e), by inserting before the period at the
end the following: ``and in accordance with the requirements of
section 134(c)(2)(A)(i)(I) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(2)(A)(i)(I))''.
(e) Workforce and Labor Market Information System.--Section 15 of
such Act (29 U.S.C. 49l-2) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``timely manner'' and inserting
``manner that is as close to real-time as
practicable'';
(ii) in clause (i), by striking ``part-time,
and seasonal workers'' and inserting ``part-
time, contingent, and seasonal workers, and
workers engaged in alternative employment
arrangements'';
(iii) by redesignating clauses (iii) and (iv)
as clauses (iv) and (v), respectively; and
(iv) by inserting after clause (ii), the
following:
``(iii) real-time trends in new and emerging
occupational roles, and in new and emerging
skills by occupation and industry, with
particular attention paid to State and local
conditions;'';
(B) in subparagraph (B)(i), by inserting
``(including, to the extent practicable, real-time)''
after ``current''; and
(C) in subparagraph (G), by striking ``user-friendly
manner and'' and inserting ``manner that is available
on-demand and is user-friendly,'';
(2) in subsection (b)(2)(F)--
(A) in clause (i), by striking ``; and'' and
inserting ``(including, to the extent practicable,
provided in real time);'';
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i), as so amended, the
following:
``(ii) the capabilities of digital technology
and modern data collection approaches are
effectively utilized; and''; and
(3) by amending subsection (g) to read as follows:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $64,532,600 for each of the
fiscal years 2025 through 2030.''.
SEC. 302. JOB TRAINING GRANTS.
Section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 3224a) is amended to read as
follows:
``(c) Job Training Grants.--
``(1) Allotment.--
``(A) In general.--Of the funds available under
section 286(s)(2) of the Immigration and Nationality
Act (8 U.S.C. 1356(s)(2)), the Secretary of Labor
shall--
``(i) return permanently 12 percent of such
amounts in each fiscal year to the general fund
of the Treasury; and
``(ii) of the remainder, make allotments to
each State that receives an allotment under
section 132(b) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3172) for the
purpose of providing training services through
individual training accounts for eligible
dislocated workers as described in paragraph
(2)(A).
``(B) Reservation; allotment among states.--
``(i) Reservation.--From the amount made
available under subparagraph (A)(ii) for a
fiscal year, the Secretary shall reserve not
more than \1/4\ of 1 percent of such amount to
provide assistance to the outlying areas for
the purpose described in paragraph (2)(A).
``(ii) Allotment among states.--The Secretary
shall use the remainder of the amount made
available under subparagraph (A)(ii) for a
fiscal year to make allotments to States
described in such subparagraph on the following
basis:
``(I) 33 and \1/3\ percent shall be
allotted on the basis of the relative
number of unemployed individuals in
each such State, compared to the total
number of unemployed individuals in all
such States.
``(II) 33 and \1/3\ percent shall be
allotted based on the relative number
of disadvantaged adults in each such
State, compared to the total number of
disadvantaged adults in all such
States.
``(III) 33 and \1/3\ percent shall be
allotted on the basis of the relative
number of individuals in the civilian
labor force in each such State,
compared to the total number in the
civilian labor force in all such
States.
``(iii) Disadvantaged adult defined.--For
purposes of this subparagraph and subparagraph
(C), the term `disadvantaged adult' has the
meaning given such term in section
132(b)(1)(B)(v)(IV) of the Workforce Innovation
and Opportunity Act (29 U.S.C.
3172(b)(1)(B)(v)(IV)).
``(iv) Reallotment.--
``(I) In general.--The Secretary of
Labor shall, in accordance with this
clause, reallot to eligible States
amounts that are made available to
States from allotments made under this
subparagraph (referred to individually
in this subsection as a `State
allotment') and that are available for
reallotment.
``(II) Amount.--The amount available
for reallotment for a program year is
equal to the amount by which the
unobligated balance of the State
allotment, at the end of the program
year prior to the program year for
which the determination under this
subclause is made, exceeds 20 percent
of such allotment for the prior program
year.
``(III) Reallotment.--In making
reallotments to eligible States of
amounts available pursuant to subclause
(II) for a program year, the Secretary
shall allot to each eligible State an
amount based on the relative amount of
the State allotment for the program
year for which the determination is
made, as compared to the total amount
of the State allotments for all
eligible States for such program year.
``(IV) Eligibility.--For purposes of
this subsection, an eligible State
means a State that does not have an
amount available for reallotment under
subclause (II) for the program year for
which the determination under subclause
(II) is made.
``(C) Within state allocations.--
``(i) In general.--The Governor shall
allocate the funds allotted to the State under
subparagraph (B)(ii) for a fiscal year to the
local areas in the State on the following
basis:
``(I) 33 and \1/3\ percent of the
funds on the basis described in
subparagraph (B)(ii)(I).
``(II) 33 and \1/3\ percent of the
funds on the basis described in
subparagraph (B)(ii)(II).
``(III) 33 and \1/3\ percent of the
funds on the basis described in
subparagraph (B)(ii)(III).
``(ii) Application.--For purposes of carrying
out clause (i)--
``(I) references in subparagraph
(B)(ii) to a State shall be deemed to
be references to a local area; and
``(II) references in subparagraph
(B)(ii) to all States shall be deemed
to be references to all local areas in
the State involved.
``(iii) Reallocation among local areas.--
``(I) In general.--The Governor may,
in accordance with this clause and
after consultation with the State
board, reallocate to eligible local
areas within the State amounts that are
made available to local areas from
allocations made under this
subparagraph (referred to individually
in this subsection as a `local
allocation') and that are available for
reallocation.
``(II) Amount.--The amount available
for reallocation for a program year is
equal to the amount by which the
unobligated balance of the local
allocation, at the end of the program
year prior to the program year for
which the determination under this
subclause is made, exceeds 20 percent
of such allocation for the prior
program year.
``(III) Reallocation.--In making
reallocations to eligible local areas
of amounts available pursuant to
subclause (II) for a program year, the
Governor shall allocate to each
eligible local area within the State an
amount based on the relative amount of
the local allocation for the program
year for which the determination is
made, as compared to the total amount
of the local allocations for all
eligible local areas in the State for
such program year.
``(IV) Eligibility.--For purposes of
this subsection, an eligible local area
means a local area that does not have
an amount available for reallotment
under subclause (II) for the program
year for which the determination under
subclause (II) is made.
``(2) Use of funds.--
``(A) In general.--Funds allocated pursuant to
paragraph (1) to a local area shall be used to pay,
through the use of an individual training account in
the accordance with section 134(c)(3)(F)(iii) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3174(c)(3)(F)(iii)), an eligible provider of training
services from the list of eligible providers of
training services described in section 122(d) of such
Act (29 U.S.C. 3152(d)) for training services provided
to eligible dislocated workers in the local area.
``(B) Requirements for local areas.--As a condition
of receipt of funds under paragraph (1), a local area
shall agree to each of the following:
``(i) Required notice to workers.--Prior to
an eligible dislocated worker selecting a
program of training services from the list of
eligible providers of training services under
section 122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d)), the local
area shall inform such dislocated worker of any
opportunities the dislocated worker may have to
participate in on-the-job training or employer-
directed skills development funded through such
local area.
``(ii) Amounts available.--Except as provided
in clause (iv)(II), a local area--
``(I) may not limit the maximum
amount available for an individual
training account for an eligible
dislocated worker under subparagraph
(A) to an amount that is less than
$5,000; and
``(II) may not pay an amount, through
the use of an individual training
account under subparagraph (A), for
training services provided to an
eligible dislocated worker that exceeds
the costs of such services.
``(iii) WIOA funds.--A local area may not use
funds made available to the local area for a
fiscal year pursuant to section 134(c)(1)(B) of
the Workforce Innovation and Opportunity Act
(29 U.S.C. 3174(c)(1)(B)) to make payments
under subparagraph (A) until the funds
allocated to the local area pursuant to
paragraph (1) of this subsection for such
fiscal year have been exhausted.
``(iv) Exhaustion of allocations.--Upon the
exhaustion of the funds allocated to the local
area pursuant to paragraph (1) of this
subsection, for the purpose of paying, through
the use of individual training accounts under
subparagraph (A), the costs of training
services for eligible dislocated workers in the
local area seeking such services, the local
area--
``(I) shall use any funds made
available to the local area pursuant to
section 134(c)(1)(B) of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3174(c)(1)(B)) to pay for such
costs under subparagraph (A) (other
than any costs that exceed the limit
set by the local area pursuant to
subclause (II)); and
``(II) for any eligible dislocated
worker who is not a low-income
individual, may limit the maximum
amount available for the individual
training account under subparagraph (A)
for such worker to an amount that is
less than $5,000.
``(3) Eligible dislocated worker.--A dislocated worker shall
be an eligible dislocated worker for purposes of this
subsection if the dislocated worker--
``(A) meets the requirements under section
134(c)(3)(A)(i) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(3)(A)(i)) to be
eligible for training services;
``(B) has not received training services through an
individual training account under this subsection or
under section 134(c)(3)(F)(iii) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3174(c)(3)(F)(iii)) during the preceding 5-year period
or, if such a worker has received such training
services during such period, the worker has been
granted an exception by the local area due to an
exceptional circumstance, as determined by the local
area; and
``(C) is not subject to any limitations established
by the local area or State involved pursuant to
paragraph (4), which would disqualify such dislocated
worker from being an eligible dislocated worker under
this subsection.
``(4) State or local area limitations.--A State or local area
may establish limitations on the eligibility of an otherwise
eligible dislocated worker who has previously received training
services through an individual training account under this
subsection or under section 134(c)(3)(F)(iii) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)(F)(iii))
to receive a subsequent individual training account under this
subsection.
``(5) Excess demand.--Upon the exhaustion of the funds
allocated to a local area pursuant to paragraph (1) of this
subsection and any funds that may be available to such local
area pursuant to section 134(c)(1)(B) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(1)(B)) for
the purpose described in paragraph (2)(A) of this subsection,
the local area--
``(A) may request additional funds for such purpose
from the Governor under section 134(a)(2)(A)(i)(III) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3174(a)(2)(A)(i)(III)); and
``(B) shall not be required to pay for training
services or establish an individual training account
for an eligible dislocated worker.
``(6) Definitions.--Except as otherwise specified, a term
used in this subsection shall have the meaning given such term
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102).
``(7) Rule of construction.--Nothing in this subsection shall
be construed to provide an individual with an entitlement to a
service under this subsection or under title I of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3111 et seq.) or to
mandate a State or local area to provide a service if Federal
funds are not available for such service.''.
SEC. 303. ACCESS TO NATIONAL DIRECTORY OF NEW HIRES.
Section 453(j)(8) of the Social Security Act (42 U.S.C. 653(j)(8)) is
amended--
(1) in paragraph (A)--
(A) by inserting ``or administering the performance
accountability system required under section 116 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3141)'' after ``State law''; and
(B) by inserting ``or such system'' after ``such
program''; and
(2) in paragraph (C)(i), by inserting ``or system'' after
``program''.
Purpose
The purpose of H.R. 6655, A Stronger Workforce for America
Act, is to reauthorize and reform the public workforce
development system established by the Workforce Innovation and
Opportunity Act (WIOA) to increase the competitiveness of our
nation's workforce by more effectively serving workers and
employers. It will increase the number of workers in America
who are participating in skills development programs under the
law, hold states and local workforce boards accountable for
achieving positive outcomes for participants, improve program
quality, enhance pathways into economic opportunity, and fuel
innovation for the modern, skills-based economy.
Committee Action
117TH CONGRESS
First Session--Hearings
On April 21, 2021, the Committee on Education and Labor
held a bipartisan Member roundtable on the reauthorization of
WIOA. During the roundtable, Members and panelists discussed
challenges facing the existing workforce system and how the
reauthorization of WIOA could address those challenges. The
panelists were: Mr. David Bradley, Analyst in Labor Economics,
Congressional Research Service (CRS), Washington, D.C.; Ms.
Dawn Locke, Acting Director, Education, Workforce, and Income
Security, Government Accountability Office (GAO), Washington,
D.C.; Mr. Ron Painter, President and CEO, National Association
of Workforce Boards, Washington, D.C.; and Ms. Maria Flynn,
President and CEO, Jobs for the Future, Boston, MA.
On May 13, 2021, the Subcommittee on Higher Education and
Workforce Investment held a hearing entitled ``Workforce
Innovation and Opportunity Act Reauthorization: Creating
Opportunities for Youth Employment.'' The purpose of the
hearing was to examine three WIOA youth programs: youth
workforce investment activities, YouthBuild, and Job Corps.
Testifying before the Committee were: Ms. Deb Lindner, Human
Resources Manager, Precor Inc., Whitsett, NC; Mr. Byron V.
Garrett, President and CEO, National Job Corps Association,
Washington, D.C.; Ms. Chekemma Fulmore-Townsend, President and
CEO, Philadelphia Youth Network, Philadelphia, PA; and Mr.
Thomas Showalter, Senior Advisor, National Youth Employment
Coalition, Washington, D.C.
On May 27, 2021, the Subcommittee on Higher Education and
Workforce Investment held a hearing entitled ``Workforce
Innovation and Opportunity Act Reauthorization: Creating
Employment Pathways for Dislocated Workers.'' The purpose of
the hearing was to examine WIOA reauthorization. Testifying
before the Committee were Mr. Joseph M. Barela, Executive
Director of the Colorado Department of Labor and Employment,
Denver, CO; Mr. PJ McGrew, Executive Director of the Indiana
Governor's Workforce Cabinet, Indianapolis, IN; Mr. Matt
Sigelman, CEO of Burning Glass Technologies, Boston, MA; and
Ms. Portia Wu, Managing Director of U.S. Public Policy at
Microsoft, Washington, D.C.
On June 15, 2021, the Subcommittee on Higher Education and
Workforce Investment held a hearing entitled ``Workforce
Innovation and Opportunity Act Reauthorization: Examining
Successful Models of Employment for Justice-Involved
Individuals.'' The purpose of the hearing was to examine the
Reentry Employment Opportunities (REO) program, funded through
WIOA, which supports youth and adults previously involved in
the criminal justice system. Testifying before the Committee
were Ms. Traci Scott, Vice President, Workforce Development
Division of National Urban League, New York, NY; Mr. Gregg
Keesling, President, DBA RecycleForce Workforce, Inc.,
Indianapolis, IN; Dr. Pamela Lattimore, Senior Director for
Research Development, Division for Applied Justice Research for
RTI International, Chapel Hill, NC; and Ms. Wendi Safstrom,
Executive Director, SHRM Foundation, Alexandria, VA.
On July 20, 2021, the Subcommittees on Higher Education and
Workforce Investment and Health, Employment, Labor, and
Pensions held a joint hearing entitled ``Care for Our
Communities: Investing in the Direct Care Workforce.'' The
purpose of the hearing was to examine funding for the direct
care workforce. Testifying before the Committee were Mr. Robert
Espinoza, Vice President of Policy, PHI, Bronx, NY; Ms. Zulma
Torres, Home Health Aid, Cooperative Home Care Associates,
Waterbury, CT; Mr. Paul M. Burani, Head of Business
Development, North America, Udacity, New York, NY; and The
Honorable Jessica Fay, State Representative, Raymond, ME.
Legislative Action
On April 5, 2022, the Committee on Education and Labor
considered H.R. 7309, the Workforce Innovation and Opportunity
Act of 2022, sponsored by Representative Robert C. ``Bobby''
Scott (D-VA). The bill was referred solely to the Committee on
Education and Labor. On April 5, 2022, the Committee considered
H.R. 7309 in legislative session and reported it favorably, as
amended, to the House of Representatives by a recorded vote of
29-21. The Committee considered the following amendments to
H.R. 7309:
Representative Mondaire Jones (D-NY) offered
an Amendment in the Nature of a Substitute (ANS) that
incorporated the provisions of H.R. 7309 and made
several modifications. Specifically, it would strike
language to allow the Labor Department to waive the age
limitation for the Job Corps program to allow for
participation of individuals up to age 28 if they have
a disability or have been a defendant in a criminal
justice proceeding. It also would add language to
authorize $105.5 million for fiscal years 2023 through
2028 for client assistance programs under the 1973
vocational rehabilitation services law. It also would
add language to authorize $73.6 million for fiscal
years 2023 through 2028 for the current Architectural
and Transportation Barriers Compliance Board. It also
would add language to authorize $242.1 million for
fiscal years 2023 through 2028 for the current
employment opportunities for individuals with
disabilities programs. The amendment was adopted by
voice vote.
Representative Mariannette Miller-Meeks (R-
IA) offered a substitute amendment to the ANS that
would strike all of its provisions and replace it with
language to reduce the funding authorization, allow
one-stop centers to operate in person or online, create
employer-directed skills accounts, and establish new
standards for Jobs Corps Centers. The amendment failed
by a recorded vote of 21-29.
Representative Bob Good (R-VA) offered an
amendment to the ANS that would add a requirement for
participants and institutions receiving federal
workforce investment funding to utilize the E Verify
program, which allows employers to confirm a person's
eligibility to work in the U.S. The amendment failed by
a recorded vote of 21-29.
Representative Good offered an amendment to
the ANS that would strike language to require
apprenticeship programs to be a registered and
qualified provider as identified under the National
Apprenticeship Act in order to be eligible for funding
under the 2014 workforce law. The amendment failed by a
recorded vote of 21-28.
Representative Mary Miller (R-IL) offered an
amendment to the ANS that would strike language
relating to ensuring equitable access to national,
state, and local workforce development boards for
individuals who have been historically underserved due
to race, ethnicity, or gender. It also would strike
sexual orientation and gender identity from the
definition of an individual with a barrier to
employment. The amendment failed by a recorded vote of
20-29.
Representative Miller offered an amendment
to the ANS that would prohibit WIOA funds from being
used to reimburse health care services. The amendment
failed by a recorded vote of 21-29.
On May 17, 2022, The House of Representatives considered
H.R. 7309, the Workforce Innovation and Opportunity Act of
2022, as reported out of Committee. The bill passed on a
recorded vote of 220-196. The Senate did not consider the bill.
118TH CONGRESS
First Session--Hearings
On February 8, 2023, the Committee on Education and the
Workforce held a hearing entitled ``American Education in
Crisis.'' The purpose of the hearing was to examine the state
of American education, including K-12 education, postsecondary
education, and workforce development. During the hearing,
witnesses made comments regarding the expansion of Pell Grants
to cover short-term workforce programs and the need to improve
America's workforce development system. Testifying before the
Committee were: Mrs. Virginia Gentles, Director, Education
Freedom Center, Independent Women's Forum, Arlington, VA; Dr.
Monty Sullivan, President, Louisiana Community and Technical
College System, Baton Rouge, LA; Mr. Scott Pulsipher,
President, Western Governors University, Salt Lake City, UT;
and the Honorable Jared Polis, Governor, State of Colorado,
Denver, CO.
On May 15, 2023, the Subcommittee on Higher Education and
Workforce Development held a hearing entitled ``Examining
America's Workforce Challenges: Looking for Ways to Improve
Skills Development.'' The purpose of the hearing was to discuss
challenges facing America's workforceand opportunities to
improve skills development through a reauthorization of WIOA.
Testifying before the Committee were: Ms. Lydia Logan, Vice President
for Global Education and Workforce Development, IBM, Washington, D.C.;
Mr. Bruce Ferguson, CEO, CareerSource Northeast Florida, Jacksonville,
FL; Mr. John Pallasch, Founder and CEO, One Workforce Solutions, Aiken,
SC; and Dr. Harry J. Holzer, John LaFarge Jr., SJ Professor of Public
Policy, Georgetown University, Washington, D.C.
On May 16, 2023, the Committee on Education and the
Workforce held a hearing entitled ``Examining the Policies and
Priorities of the U.S. Department of Education.'' The purpose
of the hearing was to examine the policies and priorities of
the U.S. Department of Education and workforce development was
discussed. Testifying before the Committee was the Honorable
Miguel Cardona, Secretary, U.S. Department of Education,
Washington, D.C.
On June 7, 2023, the Committee on Education and the
Workforce held a hearing entitled ``Examining the Policies and
Priorities of the Department of Labor.'' The purpose of the
hearing was to examine the policies and priorities of the
Department of Labor (DOL) and WIOA was discussed. Testifying
before the Committee was the Honorable Julie A. Su, Acting
Secretary, U.S. Department of Labor, Washington, D.C.
On June 22, 2023, the Committee on Education and the
Workforce held a hearing entitled ``Competencies Over Degrees:
Transitioning to a Skills-Based Economy.'' The purpose of the
hearing was to examine the rise of skills-based hiring and
discuss policies that can facilitate an emphasis on skills to
prepare a stronger, more competitive workforce for the 21st
century economy. Testifying before the Committee were: Dr.
Karin Kimbrough, Chief Economist, LinkedIn, Sunnyvale, CA; Dr.
Mark Smith, Director of HR Thought Leadership, SHRM,
Alexandria, VA; Mr. Dan Healey, Head of People for Customer
Success, SAP, Newton Square, PA; and Dr. Papia Debroy, Senior
Vice President of Insights, Opportunity@Work, Washington, D.C.
On September 20, 2023, the Subcommittee on Higher Education
and Workforce Development held a hearing entitled
``Strengthening WIOA: Improving Outcomes for Jobseekers,
Employers, and Taxpayers.'' The purpose of this hearing was to
identify ways to improve the quality of programming of WIOA
services. Testifying before the Committee were: Mr. Scott B.
Sanders, President and CEO, National Association of State
Workforce Agencies (NASWA), Washington, D.C.; Ms. Rya Conrad-
Bradshaw, Vice President, Corporate Markets, Cengage Group,
Boston, MA; Mr. Mason Bishop, Nonresident Fellow, American
Enterprise Institute, Washington, D.C.; and Mr. Rick Beasley,
Executive Director, South Florida Workforce Investment Board
(SFWIB), Miami, FL.
Legislative Action
On December 7, 2023, Chairwoman Virginia Foxx (R-NC) and
Ranking Member Scott introduced the bipartisan H.R. 6655, A
Stronger Workforce for America Act. The bill was referred to
the Committee on Education and the Workforce and additionally
to the Committee on Ways and Means. On December 12, 2023, the
Committee on Education and the Workforce considered H.R. 6655
in legislative session and reported it favorably, as amended,
to the House of Representatives by a recorded vote of 44-1. The
Committee adopted the following amendment to H.R. 6655:
Representative Burgess Owens (R-UT) offered
an ANS that incorporated the provisions of H.R. 6655
and made several modifications. Specifically, it made
several technical and conforming changes, including a
clarification of the effective date, directions to have
the definitions as amended reordered alphabetically,
and related conforming changes pertaining to the new
definitions. It amended section 143 to make minor
modifications to how basic career services are to be
coordinated and delivered through the one-stop delivery
system and makes related clarifications in section 301
pertaining to the use of Wagner Peyser Act funds for
the provision of basic career services. It amended
section 165 to clarify that the contracting process for
a Job Corps Civilian Conservation Center with repeated
performance failures may also be carried out by the
Secretary of Agriculture when appropriate. Finally, it
added language in section 207 to include raising public
awareness of career and technical education programs as
an allowable state leadership activity under Title II,
mirroring language included in section 132 of the bill
pertaining to the Title I youth program. The ANS was
adopted by voice vote.
The following additional amendments to the ANS were
offered:
Representative Ilhan Omar (D-MN) offered an
amendment that would have expanded the definition of
supportive services to include mental health treatment,
substance use disorder treatment, and broadband access
and would have made providing such services a local
required activity for adult participants. The amendment
was withdrawn.
Representative Bob Good (R-VA) offered an
amendment that would have removed the requirement that
apprenticeships be registered with the DOL. The
amendment failed by a recorded vote of 14-30.
Representative Good offered an amendment
that would have removed Subtitle D and eliminated the
Job Corps program. The amendment failed by a recorded
vote of 5-38.
Representative Good offered an amendment
that would have required all employers who participate
in WIOA programs to implement E-Verify. The amendment
failed by a recorded vote of 12-31.
Committee Views
INTRODUCTION
America's employers are struggling to fill the jobs they
need to grow their businesses, with nearly 9 million jobs
currently unfilled.\1\ The large number of unfulfilled jobs
exists across broad swaths of the economy, hampering critical
industries and undermining our nation's economic
competitiveness. Following the COVID-19 pandemic, workers also
began re-thinking their careers and looking for new jobs.\2\
Meanwhile, the skill demands of the modern economy are rapidly
evolving, necessitating a shift towards lifelong learning and
upskilling to help America's workers keep pace. As more
employers remove degree requirements from the hiring process
and shift toward the use of skills-based hiring practices, new
opportunities for economic mobility exist for workers who
possess the right skillsets. Equipping workers with in-demand
skills is essential to broadening the pathways out of poverty
and towards achieving the American Dream. The workforce system
exists to address these challenges but needs reform to ensure
workers--including those without a bachelor's degree--can
access good paying jobs.
---------------------------------------------------------------------------
\1\Job Openings and Labor Turnover Summary--2023 M10 Results. U.S.
Bureau of Labor Statistics, U.S. Bureau of Labor Statistics, 5 Dec.
2023, www.bls.gov/news.release/jolts.nr0.htm.
\2\``The Great Attrition Is Making Hiring Harder. Are You Searching
the Right Talent Pools?'', McKinseyQuarterly, 13 July 2022,
www.mckinsey.com/capabilities/people-and-organizational-performance/
our-insights/the-greatattrition-is-making-hiring-harder-are-you-
searching-the-right-talent-pools.
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When the Workforce Innovation and Opportunity Act (WIOA)\3\
was enacted in 2014, it made crucial improvements that helped
streamline the maze of federal workforce development programs
and enhance accountability through a single set of performance
metrics. However, almost a decade later, significant challenges
persist that impede the workforce system's ability to provide
high-quality services to job seekers and employers. H.R. 6655,
A Stronger Workforce for America Act, makes critical updates to
WIOA that will increase the amount of skills development
provided under the law, strengthen connections between
employers and the workforce system, and put more workers on the
pathway to a successful career.
---------------------------------------------------------------------------
\3\Pub. L. No. 113-128, 128 Stat. 1425 (2014) (codified as amended
at 29 U.S.C. Sec. Sec. 3101-3361).
---------------------------------------------------------------------------
UPGRADES THE SKILLS OF AMERICA'S WORKFORCE
While workers reassess how to upskill in a changing
economy, relatively few are upgrading their skills through the
workforce system. In program year 2021, just 34.8 percent of
the individuals receiving services through the WIOA adult,
dislocated worker, and youth programs participated in any
skills development activity, while a total of 108,871
individuals nationwide completed a skills education program
across all three programs.\4\ There is limited data available
on local expenditures by category of service under WIOA, but
the DOL's 2015 Gold Standard Evaluation of the Workforce
Investment Act (WIA) found that, on average, just over one-
fifth (22 percent) of program funds were spent on education for
participants.\5\ The minimal amount of skills development
provided through the core WIOA programs makes skills education
providers and employers less likely to participate in the
system, limiting the effectiveness of these programs.
---------------------------------------------------------------------------
\4\Quarterly Report for WIOA and Wagner-Peyser, U.S. Department of
Labor, April 2023, at 6, 45, www.dol.gov/sites/dolgov/files/ETA/
Performance/pdfs/PY%202022%20Q2%20WIOA%20and %20Wagner-
Peyser%20Quarterly%20Report.pdf.
\5\AnnaMaria McCutcheon and Annalisa Mastri, How Do Local Workforce
Investment Areas Spend Their Formula Funds?, Nov. 2015, at 3, https://
wdr.doleta.gov/research/FullText _Documents/ETAOP-2016-
05_How%20Do%20Local%20Workforce%20Investment%20Areas%20
Spend%20Their%20Formula%20Funds.pdf.
---------------------------------------------------------------------------
Dedicated resources for upskilling
A Stronger Workforce for America Act dedicates 50 percent
of the funding that is provided to local workforce boards for
adults and dislocated workers for skills development through
``individual training accounts'' (ITAs) and contracts for the
provision of training services, including ``on-the job
training,'' ``incumbent worker training,'' employer-directed
skills development, services provided through pay-for-
performance contracts, and the other allowable uses of
contracts to provide for the training services described in
section 134 of WIOA. The Committee recognizes that the
prioritization of skills development activities will require
many local boards to modify how the federal resources they
receive are allocated but reiterates that such a requirement is
not a novelty to the workforce system. Several states,
including California, Florida,\6\ Illinois,\7\ Maine,
Massachusetts, Missouri, Oklahoma, and Virginia,\8\ currently
have expenditure requirements on skills development activities,
while the Job Training Partnership Act of 1982\9\--the
predecessor to WIA--required 70 percent of funds allocated to
local service delivery areas to be spent on skills development
activities. However, unlike many of these expenditure
requirements, the provision in H.R. 6655 is intended to
simplify recordkeeping and compliance by solely counting funds
that are directly awarded to providers or employers through an
ITA or contract for the provision of training services
permitted under the law.
---------------------------------------------------------------------------
\6\The 2023 Florida Statutes (including Special Session C),
Statutes Constitution Online Sunshine, 2023, http://
www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=
0400-0499/0445/Sections/
0445.003.html#::text=At%20least%2050%20percent%20of,waiver%20
from%20the%20state%20board.
\7\Training Expenditure Requirement--WIOA Policy, Aug. 18, 2023,
https://apps.illinois
worknet.com/WIOAPolicy/Policy/Index/173.
\8\``Title 2.2. Administration of Government.'' Sec. 2.2-2472.2.
Minimum Levels of Fiscal Support from WIOA Adult and Dislocated Worker
Funds by Local Workforce Development Boards; Incentives, https://
law.lis.virginia.gov/vacode/title2.2/chapter24/section2.2-2472.2/ (last
visited Dec. 15, 2023).
\9\Pub. L. 97-300, 29 U.S.C. Sec. 1501, et seq. (1982).
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To provide additional resources for local boards to meet
the upskilling needs of dislocated workers, H.R. 6655 amends
section 414 of the American Competitiveness and Workforce
Improvement Act of 1998\10\ to repurpose the H-1B fee revenue
currently provided to DOL and allocate the funding through
states to local areas by formula. The bill requires these
supplemental funds to be used to provide ITAs for dislocated
workers that are determined to be eligible for training
services, which will function in the same manner as ITAs
established for adults and dislocated workers using the formula
funds provided to a local area. However, a local area may not
limit the maximum amount available for an ITA to less than
$5,000 to ensure eligible dislocated workers have sufficient
``customer choice'' when selecting an eligible skills
development program. Since the floor of at least $5,000
available through an ITA is modified upon the depletion of the
H-1B fee revenue available to a local area, H.R. 6655 requires
local areas to exhaust these funds before turning to the
discretionary funds available to provide ITAs to dislocated
workers. If the demand for ITAs by eligible dislocated workers
exceeds the funds made available to the local area for skills
development, the local area may request additional funds from
the amount reserved by the state for rapid-response activities
but is under no further obligation to provide training services
to a dislocated worker.
---------------------------------------------------------------------------
\10\Pub. L. 105-277, div. C, title IV, 112 Stat. 2681 (1998).
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To mitigate the negative effects of layoffs on both workers
and employers, the bill updates the definition of ``rapid
response activities'' by codifying the existing practice of
layoff aversion. Governors currently use 20 percent of funds
afforded them through their states' dislocated worker
allocation to ease the transition for workers from a layoff and
into new employment opportunities. These activities aim to
mitigate the need for layoffs and lessen the impact when
layoffs occur by informing workers of opportunities to receive
ITAs for dislocated workers, a skills assessment to identify
skill adjacency to other jobs, or upskilling. Additionally,
business services will also be afforded to the employers, such
as connections to short time compensation programs and business
support activities.
Employer-led Initiatives
The Committee recognizes that employer involvement in
skills development is essential to align workforce programs
with industry needs and provide workers the hands-on experience
to succeed in the job. While the workforce system is designed
to be demand driven and to target in-demand industries and
occupations, many WIOA participants currently end up employed
in occupations unrelated to the skills development they
received. In program year 2021, only 34.6 percent of
participants in the adult program were in ``training-related''
employment during the second quarter after completing their
program.\11\ To avoid this scenario where workers enroll in
skills programs without substantive employer connections and
hope for the best (sometimes referred to as ``train and
pray''), more emphasis must be placed on employer-led
initiatives that directly lead to a job upon completion.
---------------------------------------------------------------------------
\11\Grantee Handbook--U.S. Department of Labor, Jun. 2020, at 1,
https://www.dol.gov/sites/dolgov/files/ETA/Performance/pdfs/PY2021/
PY%202021%20WIOA%20National%20Performance%
20Summary.pdf?_ga=2.176520869.10963117.1702484628-851246753.1675180556.
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Despite the importance of employer engagement in
reskilling, the employer-connected skills development options
in current law are underutilized. Of the over 515,000
individuals served by the adult and dislocated worker programs
in program year 2021, 14,523 participated in ``on-the-job
training,'' 3,552 participated in ``incumbent worker
training,'' 2,878 participated in ``customized training,'' and
2,376 participated in an apprenticeship.\12\ H.R. 6655 aims to
increase the use of the employer-connected options in the law
by rebranding ``customized training'' as ``employer-directed
skills development'' to clarify that it is not limited to
programs that are developed uniquely for that employer but can
utilize any upskilling program selected by an employer when the
employer is responsible for a portion of the cost and commits
to employ the participants upon successful completion of the
program. The bill raises the cap on the percentage of funds
local boards can use on ``incumbent worker training'' from 20
percent to 30 percent, while allowing for further increases
when the local area is experiencing low rates of unemployment
and high rates of labor force participation. H.R. 6655
streamlines participant eligibility determinations by
encouraging employer referrals of qualified individuals to the
workforce system and permitting enrollment in skills
development programs while an eligibility determination is
being made.
---------------------------------------------------------------------------
\12\PY 2021 Data Book: WIOA and Wagner Peyser, Jun. 2023, https://
www.dol.gov/sites/dolgov/files/ETA/Performance/pdfs/
PY%202021%20WIOA%20and%20Wagner-Peyser%20Data%20Book .pdf.
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In addition, the bill provides governors a new tool to
address the economic priorities of their states by permitting
them to reserve additional funds from the amounts allocated to
their state for a Critical Industry Skills Fund to help
employers upskill, hire, and retain workers in priority
industries. Through the Critical Industry Skills fund, states
will provide partial reimbursements to employers, sector
partnerships, and other intermediaries--such as local boards--
that have approved applications to upskill workers in the
priority industries selected by the state, with a nonfederal
cost sharing requirement based on the size of the participating
employers. Reimbursements will occur only when workers complete
their upskilling program and are employed and retained in that
industry. The Committee has modeled this provision on similar
initiatives currently being implemented by a handful of states,
including Indiana's Employer Training Grant, Michigan's Going
PRO Talent Fund, and Massachusetts' Workforce Training Fund.
The Committee is concerned that the existing workforce
system is not utilized enough by employers. In a pilot program
by DOL, only 8 percent of employers actively utilized services
under the workforce system.\13\ Not only is a low utilization
rate by employers a failure in policy for employers, but it
also hampers access to good-paying jobs for jobseekers. If
employers in high-growth industries with jobs that pay high
wages are not utilizing the workforce system, jobseekers have
fewer opportunities to be connected to these employers. An
increased usage of employer-connected skills development
programs, such as on-the-job training, apprenticeships, and
others, aims to increase connections between local workforce
boards and local businesses.
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\13\87 Fed. Reg. 56,318 Sept. 14, 2022, https://www.govinfo.gov/
content/pkg/FR-2022-09-14/pdf/2022-19002.pdf#page=1www.govinfo.gov/
content/pkg/FR-2023-12-14/pdf/2023-27399.pdf.
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Adult education and literacy
The Adult Education and Family Literacy Act\14\ authorized
under Title II of WIOA is the primary source of federal support
for adults who lack basic skills and is designed to be used for
a wide range of activities relating to assisting eligible
individuals (aged 16 and older) to become literate and obtain
the skills necessary for employment, economic self-sufficiency,
and full participation in adult life. H.R. 6655 reauthorizes
the program and makes several updates to improve the quality of
opportunities available to adult learners. The bill includes
digital literacy skills as a core purpose of adult education to
reflect that digital literacy has become a foundational skill
for individuals to succeed in the 21st century. H.R. 6655
places a stronger emphasis on developing and providing
``integrated education and training'' opportunities to adult
learners to gain basic skills while simultaneously preparing
for an in-demand occupation or industry. The bill also expands
the required state leadership activities to include the
development or identification of instructional materials
designed to meet the needs of adult and English learners, while
expanding the allowable uses of funds to include a range of
activities designed to strengthen the quality and elevate the
standards used for adult education.
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\14\Pub. L. 105-220, title II, Aug. 7, 1998, 112 Stat. 1059 (20
U.S.C. 9201 et seq.).
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The Committee recognizes the importance of adult educators
to the success of the activities supported under this
legislation. H.R. 6655 provides greater flexibility to local
providers to use program funds on the professional development
of adult educators. Additionally, the bill updates the national
leadership activities to include developing and evaluating
programs for the preparation of adult educators and carrying
out initiatives to disseminate effective staffing models,
program effectiveness standards, and accreditation requirements
that may be voluntarily adopted by states. The bill also allows
individuals who may lack the foundational skills needed to
succeed in training services under Title I to be referred to,
or co-enrolled in, adult education or literacy activities under
Title II.
DELIVERS GREATER ACCOUNTABILITY AND HIGHER PROGRAM QUALITY
WIOA's enactment in 2014 sought to foster an outcome-driven
workforce system through a consistent set of performance
measures that are applied across all federal workforce
development programs. The law is designed to hold states, local
workforce boards, and eligible providers of skills development
accountable for the labor market success of the participants
they serve. Despite the improvements made in WIOA, the
workforce system still faces a vast landscape of eligible
providers with little data on the outcomes they achieve, and
the accountability provisions have been marred by delayed
implementation and low expectations. Further challenging the
effectiveness of the system are provisions in the law limiting
the ability of local workforce boards to adjust the delivery of
services to meet the evolving demands of the workforce.
Eligible providers
The workforce system utilizes a ``consumer choice''
approach to pay for skills development through an ITA, making
the effectiveness of eligible providers and the availability of
performance data critical to the system's success. A March 2023
report from the Harvard Project on Workforce found the
landscape of eligible providers to be highly fragmented and
hard to navigate.\15\ Specifically, the report identified over
7,000 eligible providers and approximately 75,000 eligible
programs in more than 700 occupational fields nationwide, with
limited consumer-facing information available for over 75
percent of programs.\16\ The report estimates that the bottom
25 percent of programs correspond with median annual earnings
of $23,308 or below.\17\ The Committee is concerned that lack
of performance data at the provider and program level
significantly undermines WIOA's consumer choice model and
leaves jobseekers and policymakers without the information
needed to fund high-quality programs and keep low-quality
programs from receiving taxpayer funds.
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\15\``Navigating Public Job Training,'' Project on Workforce, Aug.
24, 2023, https://www.pw.hks.harvard.edu/post/publicjobtraining.
\16\Id.
\17\Id.
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H.R. 6655 streamlines the criteria for skills development
programs to earn inclusion on a state's ``eligible training
provider list'' (ETPL) to ensure programs are aligned with the
skill and hiring demands of employers by focusing the
eligibility process on the employment outcomes of program
participants. The bill establishes a ``standard eligibility''
status that is determined by the verified outcomes of
participants in a program on the metrics of credential
attainment, job placement, median earnings, and value-added
ratio (earnings increase compared to the cost of the program),
with the minimum levels of performance on each metric set by
the state. Eligible providers will be expected to meet these
minimum levels, otherwise they risk being removed from the
standard eligibility status, resulting in being ineligible for
WIOA funds or, instead, participating under ``conditional
eligibility'' status if they so choose. The Committee
recognizes that in setting the thresholds, states have the
responsibility to weigh the competing aims of maximizing
consumer choice and protecting consumers and taxpayers, all
with an eye toward meeting the performance levels the state
must achieve.
While the minimum levels of performance required under the
standard eligibility status will streamline and raise the
standards of the ETPL across states, jobseekers receiving ITAs
should be empowered to identify programs that prepare
individuals for careers that provide upward mobility and
economic stability. To accomplish this, states and local boards
will be allowed to encourage high-quality providers to
participate on the ETPL by awarding additional funding linked
to achieving high levels of performance, serving more
individuals with barriers to employment, or connecting
individuals with jobs with high wages or family-sustaining
benefits.
To ensure newer programs and those in the process of
building an outcomes base have the opportunity to participate
in the workforce system, the bill creates a conditional
eligibility status, under which portions of the payment for
serving a WIOA participant will be tied to the successful
enrollment, completion, and job placement of the participant to
ensure the program shares the risk of unsuccessful outcomes.
H.R. 6655 also formalizes a process for an employer or an
industry or sector partnership to sponsor an eligible program
by committing to pay a portion of the cost for WIOA
participants that select the program and consider them for a
job upon successful completion. These programs will be promoted
to jobseekers when they select from the list of eligible
programs.
As the demand for online education continues to grow, H.R.
6655 clarifies that online programs can participate in WIOA and
are not required to have a physical presence in a state to seek
inclusion on that state's ETPL, while asserting that WIOA
participants may only choose programs including online
programs--that are on the ETPL for the state through which the
participant is receiving services.\18\ The Committee recognizes
the challenges multi-state providers have when navigating the
ETPL requirements of each individual state and, through H.R
6655, encourages states to minimize the duplication of effort
by providers seeking eligibility in multiple states,
particularly as the reforms to the ETPL in this bill create a
more consistent process across states.
---------------------------------------------------------------------------
\18\Nadine Diaz-Infante, Michael Lazar, Samvitha Ram, and Austin
Ray, ``Demand for Online Education Is Growing. Are Providers Ready?''
McKinsey Company, 20 July 2022, https://www.mckinsey.com/industries/
education/ourinsights/demand-for-online-education-is-growing-are-
providers-ready.
---------------------------------------------------------------------------
Credential transparency
With more people turning toward skills-based education, the
credentials these programs award become vital to signal an
individual's mastery of industry-relevant skills. There are
over one million unique credentials offered in the U.S.,
including certificates, digital badges, diplomas, occupational
licenses, and degrees.\19\ Navigating this vast credential
landscape can be difficult, leaving jobseekers and employers
without the ability to make well-informed decisions. Disparate
sources of information and the lack of employment and earnings
data linked to possession of specific credentials make it
difficult for jobseekers to do apples-to-apples comparisons
between programs and understand which credentials align with
career opportunities. Further, inconsistent terminology on the
skills and competencies mastered to earn a credential limits
the ability of employers to recognize and verify jobseekers'
skills based on the credentials they have earned.
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\19\Counting U.S. Postsecondary and Secondary, Credential Engine,
2022, https://credentialengine.org/wpcontent/uploads/2023/01/Final-
CountingCredentials_2022.pdf.
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To equip WIOA participants with the necessary information
to make informed choices on the career pathways they may
pursue, H.R. 6655 provides transparency on the credentials that
are awarded by eligible providers to include credential-
specific information on the awarding entity, industry
recognition, the skills and competencies the credential
signifies, and the employment and earnings outcomes of
participants who receive the credential. The Committee
recognizes that many private organizations, employers, and
states have started to undertake efforts to improve
transparency around skills-based credentials and intend for the
provisions in the bill to complement these efforts.
Performance accountability system
WIOA set core indicators of performance that apply to all
workforce development programs to bring a consistent approach
to measuring the outcomes achieved by program participants and
hold states and local workforce boards accountable for the
results achieved with taxpayer dollars. However, the
implementation of the performance accountability system has
been drawn out and has not yet been fully realized by the
Departments, while certain aspects of the law have posed
challenges for state and local workforce leaders. The Committee
strongly believes in the common measurement of performance
across all workforce development programs and recognizes the
need for modifications to foster full implementation of the
performance accountability system and better evaluate program
success.
H.R. 6655 makes several targeted modifications to the
primary indicators of performance in current law. The bill
converts the indicator measuring participant employment in the
fourth quarter after program exit into a measure of retention
in the labor force by measuring the percentage of participants
in employment in the second quarter after program exit that
remain in employment during the fourth quarter after program
exit. The Committee has heard from states and local boards
about the disincentive for year-round enrollment that results
from the current indicator being measured by program year,
regardless of when a participant enters a skills development
program. To address this issues, H.R. 6655 modifies the
indicator on achievement of measurable skill gains by program
participants in a program leading to a recognized postsecondary
credential so that the measurement window is the six-month
period after the quarter of program entry.
Additionally, the bill restructures the indicator on the
effectiveness in serving employers--which has yet to be
finalized nearly a decade after the enactment of WIOA--to
measure the percentage of program participants that received
``training services'' and exited the program having completed
``on-the-job training,'' ``incumbent worker training,''
employer-directed skills development, or an apprenticeship--or
for participants in the youth program, the percentage who
completed paid or unpaid work experiences. In updating the
primary indicators of performance in the law, the Committee
purposefully identified modifications that utilize data that is
currently collected by the workforce system to enable a swift
and seamless transition for states and local boards.
H.R. 6655 revises the process under which states establish
and agree upon state levels of performance with the Departments
to improve transparency, reduce duplication of effort, and
ensure states can negotiate on a level-playing field. The bill
requires the Departments to first propose levels and publish
the statistical adjustment model used and then gives states the
opportunity to react to the proposed levels and offer
counterproposals as they determine necessary. The bill
clarifies that the statistical adjustment model must involve
only the articulated factors found to be predictive of
performance. The Committee recognizes that the required
adjustment of performance levels through the statistical
adjustment model is only one of the four factors to be used by
states and the Secretaries and emphasizes in the bill the need
for all factors to be given due consideration.
In order to ensure that the performance accountability
system leads to continuous improvement across the system, H.R.
6655 clarifies the circumstances under which a state or local
area is subject to performance improvement actions or fiscal
sanctions. The bill codifies the percentage of negotiated
levels of performance that must be achieved and differentiates
between a performance failure on an individual indicator of
performance and a performance failure across all indicators for
a core program or on a specific indicator across all programs.
Further, it aligns the improvement actions and fiscal sanctions
accordingly so more significant action is taken when a broader
performance failure occurs.
The Committee recognizes that access to valid and reliable
information on the employment and earnings outcomes of program
participants is vital to the data-driven and accountable
workforce system. H.R. 6655 directs each state to identify a
designated agency or entity to assist the core programs and
eligible providers in carrying out the performance reporting
requirements, including facilitating data matches from state
wage records and other sources. The bill also authorizes states
agencies responsible for administering the performance
accountability system to receive information from the National
Directory of New Hires.
Local areas and one-stop delivery system
Modernizing the workforce system so that services are
delivered in the most effective manner is critical to meeting
the needs of today's jobseekers and employers. WIOA supports a
locally driven workforce system that is designed to meet the
unique demands of the disparate regions of our country.
However, current law does not enable systems to respond to the
dynamic nature of the economy. Governors have limited ability
to reassess and restructure the designations of local workforce
areas in the state and local leaders are given an overly
prescriptive model from the federal government for how they
must deliver services to workers and employers in their
communities. With the bill's shift toward prioritizing federal
funds for upskilling workers, it is essential to equip state
and local leaders with a greater ability to adapt their
workforce system to effectively meet the demands of a
constantly changing economy.
H.R. 6655 directs governors to conduct periodic reviews of
the alignment of local areas to the labor market or economic
areas and propose local area designations for the next eight
years. A governor's proposed designations must be approved by a
majority of the local boards in the state to take effect. If
the local boards reject the proposed designations, they must
choose between aligning the local areas with the economic
development areas or the planning regions of the state. The
first review period by the governors will occur before the
third program year after enactment, with the first designation
of local areas occurring at the start of the fourth program
year. The Committee believes this will result in a process that
balances state and local interests and builds consensus around
the best approach for each state to align its workforce system
in a manner that leads to better outcomes for workers and
employers.
The Committee recognizes that many local areas across the
country will continue to use physical comprehensive one-stop
centers as a central location to access services but
acknowledges there may be local boards that determine that
greater access can be delivered by leveraging technology and
the physical infrastructure of existing community hubs. To that
end, the bill provides greater flexibility for local boards to
expand access to services through the one-stop delivery system
through the use of virtual services and a network of affiliated
locations, such as libraries or community colleges. The bill
also reforms the funding of one-stop infrastructure by removing
the requirement on local boards to negotiate an
``infrastructure funding agreement'' with the one-stop partners
and defaulting to the state infrastructure mechanism in current
law to effectively allocate costs by proportionate use while
still allowing local boards to development supplemental
agreements for any additional expenses that may exist.
STRENGTHENS PATHWAYS TO ECONOMIC OPPORTUNITY
Youth activities
The workforce development activities for youth are designed
to help youth ages 14-24 who face barriers to achieving success
in education and the workforce. WIOA shifted the program's
emphasis towards youth who are neither enrolled in education
nor connected to the workforce by requiring that 75 percent of
the funds provided to a local area be used on out-of-school
youth. WIOA is the primary source of federal support for
disconnected youth--commonly referred to as opportunity youth--
and plays a vital role in reengaging these youth with
educational opportunities and the labor force. However, many
workforce stakeholders have expressed issues with the 75
percent spending requirement on out-of-school youth and nearly
half of the states have received a waiver from DOL to lower the
percentage that must be spent on out-of-school youth.\20\
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\20\WIOA Waiver Information, Dept. of Labor, Sept. 30, 2023,
https://www.dol.gov/agencies/eta/wioa/waivers.
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H.R. 6655 replaces ``out-of-school youth'' with
``opportunity youth'' and includes homeless youth and those
involved with the justice or foster care systems as opportunity
youth, regardless of their school status. The bill revises the
out-of-school youth priority to a 65 percent expenditure
requirement on opportunity youth and makes this a statewide
threshold to give states and local areas the flexibility to
determine the appropriate allocation of funding for each local
area based on their specific needs. The Committee believes this
will appropriately target federal resources to youth who are in
the greatest need of services while enabling greater support to
reach at-risk youth before they disconnect. The bill also
streamlines the enrollment process so at-risk youth are not
turned away at the door simply for showing up without the right
paperwork, allowing programs to begin serving youth while an
eligibility determination is being made and shifting the burden
of determining eligibility to program or one-stop operator
staff. Further, the bill aligns the documentation requirements
to determine foster or homeless youth status with the Higher
Education Act.\21\
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\21\Pub. L. 89-329, 79 Stat. 1219 (1965).
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To connect more youth to work-based learning opportunities,
the bill increases the percentage of youth funding dedicated to
work experiences to 40 percent, while establishing core
elements of summer and year-round employment opportunities and
requiring that internships lasting for longer periods be paid.
Additionally, the bill authorizes the use of ITAs for in-school
youth to create opportunities for students to participate in
skills development programs outside of the courses offered by
their school district, which will expand educational choices to
a broader set of career pathways and enhance their ability to
gain in-demand skills. It also increases the cap on the amount
of funding that can be used for pay-for-performance contract
strategies to condition taxpayer dollars on achieving positive
outcomes for youth.
National Programs
To enhance transparency across all the national programs
administered by DOL, H.R. 6655 clarifies that DOL must make
arrangements with a state or other entity to use quarterly wage
records in the performance reporting of grantees and annually
publish the performance results on the agency's public website.
The Committee recognizes that DOL has currently established an
arrangement known as the Common Reporting Information System to
access aggregate wage records for participants in the national
grant programs and the bill has language that intends for the
continuation of this arrangement or the development of similar
arrangements, as appropriate, to develop valid performance
information and limit the data collection burden on grantees.
H.R. 6655 codifies and reforms the Reentry Employment
Opportunities program, which is currently funded through
appropriations and administered by DOL, to improve the reentry
of justice-involved individuals into the workforce, including
juveniles. The bill emphasizes the use of regional or national
intermediaries and pay-for-performance contracts to maximize
the impact and reach of the taxpayer funds awarded through this
program, while prioritizing entities that will serve high-
poverty areas, use evidence-based strategies, enroll
individuals prior to release, establish partnerships with
businesses and institutions of higher education, and provide
on-the-job learning. A 25 percent matching funds requirement is
included to ensure grantees are effectively leveraging non-
federal resources and building partnerships to sustain
successful initiatives after the federal grant period
concludes, while allowing the matching requirement to be waived
in the case of significant financial hardship. The reentry
projects funded through this program will be subject to
evaluation so effective practices and models can be identified
and disseminated across the country.
The Committee recognizes the important role community
colleges can play in offering workforce development
opportunities aligned with in-demand industries. H.R. 6655
codifies and reforms the Strengthening Community Colleges
Workforce Development Grant Program to facilitate the expansion
of industry partnerships and prioritize institutions that use
competency-based assessments to award credit for prior learning
or will seek to get programs supported by the grant on the
state's ETPL. Each grantee will be evaluated on the primary
indicators of performance, the extent to which the grantee
improves institutional capacity to offer workforce programs,
and the completion and career advancement of participants, and
it must meet target levels of performance to be eligible for
subsequent grants. Additionally, the bill directs the Secretary
of Labor to conduct an evaluation of the effectiveness of the
grants, including the extent to which they developed or
expanded industry sector strategies or career pathways.
Job Corps
The Job Corps program provides education and skills
development services to youth, primarily in a residential
setting through more than 120 campuses located in all 50
states. The Committee has previously raised concerns related to
the safety and performance of the Job Corps program and
recognizes updates to the law are necessary to address these
issues. However, the Committee recognizes that, where
successful, Job Corps can help opportunity or at-risk youth
receive an education, prepare for the workforce, and transition
into a sustainable career. To help Job Corps better accomplish
this mission, H.R. 6655 raises the standards for performance
and student safety in the Job Corps program while allowing for
operational flexibility to give campus operators greater
ownership of the activities and ability to make changes, when
necessary, to fulfill the higher expectations that will be
placed upon them.
The bill modifies the eligibility criteria by removing the
limitation on the percent of individuals who can be ages 22 to
24 and requiring that an individual who is age 16 or 17 only be
eligible upon a determination by the director of a Job Corps
campus that the individual has the ability to succeed in the
program. While not altering the age range of 16-24 for
individuals who can be served by the program, this shift toward
enrolling older students is consistent with the available
evidence showing older enrollees are more motivated and achieve
better outcomes.\22\
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\22\National Jobs Corps Study and Longer-Term Follow Up Study:
Impact and Benefit-Cost Findings Using Survey and Summary Earnings
Records Data, August 2006, https://wdr.doleta.gov/research/
FullText_Documents/National%20Job%20Corps%20Study%20and%20
Longer%20Term%20Follow-Up%20Study%20-%20Final%20Report.pdf.
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H.R. 6655 modifies the current drug testing procedures for
enrollees to more effectively determine if an enrollee has
continued to use drugs after entering the program. The initial
drug test will continue to be required within 48 hours upon
arrival on campus. However, if the results of the initial test
are positive, the subsequent drug test will be conducted at the
earliest appropriate time to determine if the enrollee has
continued using drugs since arriving on campus, considering the
substance and potency levels identified in the initial drug
test. It is the goal of the Committee to eliminate drug use
among enrollees in Job Corps and to not mistakenly disenroll
students for past drug use prior to enrollment.
The Committee believes program quality will increase when a
larger pool of potential operators bid for contracts and that
emphasis on the primary indicators of performance will allow
for new entrants to Job Corps who already serve opportunity
youth to make competitive bids. Therefore, H.R. 6655 modifies
the contracting process for campus operators to place a greater
emphasis on entities' past effectiveness based on the primary
indicators of performance.
The Committee also believes more stability for effective
campus operators paired with a higher standard for contract
renewal will help improve the performance of the program and
benefit the program's participants. The bill extends the
initial contract period from two years to three years while
raising the performance threshold for a renewal. Additionally,
it modifies the performance improvement actions and thresholds
for when such actions must occur so that the severity of the
remedial action more appropriately matches the severity and
pervasiveness of the performance failure. Notably, in the case
of a chronic performance failure, the bill gives the Secretary
of Labor the option of awarding the funding directly to the
state in which the campus is located for operation of the
campus while providing increased flexibility to turn around the
performance of the campus.
The Committee is concerned that the existing performance
requirements are not effectively measuring the outcomes of Job
Corps operators. Currently, operators are held to one, national
level of expected performance applied to all campuses,
disregarding the inherent differences in economies and
populations across the 120 campuses. The bill includes language
that requires the Secretary of Labor to consider such factors
when setting expected levels of performance for each campus.
Additionally, such levels of performance must be both ambitious
and achievable so that campuses are given the opportunity to
meet appropriate performance targets as they are held to higher
standards.
To enhance the safety of Job Corps students and staff, the
bill codifies incident reporting requirements so that serious
incidents are reported within two hours. The bill also requires
the director of each Job Corps campus to enter into an
agreement with the local law enforcement agency regarding
procedures for the prompt reporting and investigation of
potentially illegal activity on Job Corps campuses. H.R. 6655
removes the overly broad ``disruptive'' activity from the list
of zero tolerance offenses and establishes a process for the
director of a Job Corps campus to appeal to the Secretary of
Labor the dismissal of an enrollee who committed a zero-
tolerance violation when the director believes unique
circumstances warrant an opportunity for the individual to
remain enrolled.
The Committee believes greater local authority is needed to
facilitate community partnerships that can improve the quality
of the Job Corps experience for students. H.R. 6655 provides
Job Corps operators with greater authority to hire and develop
staff, enter into agreements with educational entities and
employers, and educate stakeholders about Job Corps activities
without prior approval of the Secretary of Labor. The bill also
codifies Job Corps Scholars, an initiative established under
the previous administration, as an allowable demonstration
project. Through Job Corps Scholars, the Secretary of Labor may
award competitive grants to institutions of higher education to
enroll cohorts of Job Corps eligible youth and provide a
yearlong career and technical education component with
intensive counseling and support, followed by up to a year of
employment and placement support. If grants are awarded for
this purpose, the Secretary of Labor must provide for an
independent evaluation that compares the outcomes and cost-
effectiveness of Job Corps Scholars with those of the Job Corps
program.
FUELS INNOVATION FOR A SKILLS-BASED ECONOMY
The economy is rapidly evolving, and for the workforce
system under WIOA to remain relevant, the law must allow for
innovation and new approaches. Some workforce stakeholders have
commented that while the word ``innovation'' is in the name of
the law, it is missing from the law itself. The improvements
made by H.R. 6655 are designed to spark innovation and better
align the activities under WIOA with the demands of a skills-
based economy.
Demonstration authority
The bill establishes a state innovation demonstration
authority to empower states and local workforce boards to
pursue innovative reforms to its workforce systems. A state,
local area, or consortia of multiple local areas with an
approved demonstration project will receive its adult,
dislocated worker, and youth funds as a consolidated grant for
five years with increased flexibility to reimagine the delivery
of workforce services. The Committee is interested in seeing
alternative approaches to the model prescribed under WIOA, such
as what Utah has developed, and the outcomes states and local
leaders are able to achieve, through innovation, to meet the
changing demands of the economy. The demonstration projects
must continue to follow the priority of service requirements of
the current law and adhere to existing workforce protections
and will be held accountable for achieving performance
improvement. DOL is limited to approving four statewide
demonstration projects and six local area or consortium
demonstration projects. In addition, statewide demonstration
projects may only be approved for states that are designated as
a single state local area at the time of applying or have a
labor force participation rate of less than 60 precent and a
population of less than six million. Rigorous evaluations of
the approved demonstration projects will help identify and
disseminate effective approaches and innovative models
established through the demonstration authority.
Skills-based hiring
The Committee supports the shift toward skills and
competencies as the new currency in the labor market and
recognizes that the workforce system can play an impactful role
in expanding opportunity through skills-based hiring. A key
tenet of skills-based hiring is recognizing all learning as
equivalent and interchangeable, regardless of where or how an
individual gained his or her knowledge and skills. For skills
that are developed outside of a formal academic setting,
individuals may lack mechanisms to identify, validate, and
communicate these competencies to potential employers. As a
result, their potential to contribute to the economy may not be
fully realized.
Under WIOA, an initial assessment of a jobseeker's skill
level is often provided by the one-stop career center during
the intake process to determine the services needed by the
jobseeker. The law also authorizes comprehensive and
specialized assessments of the skill levels of workers
determined to need individualized career services to secure or
retain employment. In many cases, the one-stop center is
assessing skill levels through a combination of interview and
selfidentification. These methods of assessment may provide
internal value for the workforce system to identify the
services that will be provided to the jobseeker; however, it
provides little external value to the jobseeker in helping him
or her validate and communicate skills to potential employers.
H.R. 6655 aims to enhance the use of competency-based
assessments in the workforce system to accelerate jobseekers'
return to or advancement in the workforce. The bill directs
states to coordinate with industry organizations, employers,
skills development providers, local workforce boards, and
institutions of higher education to identify or develop
competency-based assessments that measure an individual's
knowledge, skills, and abilities for the purposes of awarding
recognized postsecondary credentials or credit toward such
credentials, developing individual employment plans that
identify jobs requiring adjacent skills, and helping
individuals communicate their skills to prospective employers
through skills-based resumes, profiles, or portfolios. The
competency-based assessments identified by the state, as well
as the industries, employers, or education and training
providers who recognize skills validated through such
assessments, will be disseminated to local workforce
development boards and incorporated into the initial assessment
of skill levels that the local one-stop centers already conduct
for individuals who engage with the workforce system, ensuring
those with existing skills from their prior experiences can
leverage these skills to accelerate reemployment or advance
their careers.
The Committee recognizes that the transition away from
traditional hiring practices and toward measuring the skills
and competencies of job applicants can be a difficult task for
businesses to undertake, particularly smaller employers. The
bill allows states and local workforce boards to support
employers seeking to implement skills-based hiring practices as
an alternative to relying on postsecondary degree requirements,
including through technical assistance on the use and
validation of assessments in the hiring process and support in
the creation of skills-based job descriptions.
Workforce and labor market data
To help workers and employers keep pace with the rapidly
changing skillsets demanded in the modern economy, it is
critical that the workforce system can access timely and
relevant information about the labor market and workforce
programs. H.R. 6655 codifies and enhances the Workforce Data
Quality Initiative (WDQI) to support state agencies or
consortia to create and improve state workforce longitudinal
data systems and related resources that will strengthen program
quality, build capacity for evidence-based decision-making,
protect individual privacy, and improve transparency. The
enhanced WDQI will prioritize states that have not previously
received WDQI grants and consortia of state agencies--such as
multi-state data collaboratives that have the capacity to make
significant contributions to data systems that will benefit
workers and employers across the country. It also will be a
valuable tool to help foster collaboration with private sector
workforce and labor market entities to leverage real-time labor
market data and improve the relevance and impact of data across
the workforce. The bill directs DOL to provide 5 percent of the
funding reserved by the Secretary of Labor from the dislocated
worker allotment to ensure WDQI receives the appropriate level
of support necessary to support the other activities of H.R.
6655, including the updates to the performance accountability
system and the provider eligibility process.
Additionally, H.R. 6655 makes several updates to section 15
of the Wagner-Peyser Act\23\ to emphasize and promote the use
of real-time data to identify trends in emerging occupation
roles and skills and disseminate information in a manner that
is user-friendly.
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\23\ (29 U.S.C. 49 et seq.).
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CONCLUSION
A Stronger Workforce for America Act reauthorizes and
improves the workforce system to equip employers with the
talent pipelines they need to compete in the modern economy and
provide more workers in America the opportunity to gain in-
demand skills and achieve career success. By dedicating
resources for upskilling, raising the bar on program
effectiveness, enhancing on-ramps to opportunity, and sparking
the ingenuity that exists in communities across our nation,
H.R. 6655 will deliver a modern workforce system that meets the
moment facing America's job creators and workers. The Committee
strongly supports this bipartisan legislation to strengthen the
public workforce system.
Summary
A Stronger Workforce for America Act (H.R. 6655),
introduced by Committee on Education and the Workforce
Chairwoman Foxx and Ranking Member Scott, amends and
reauthorizes the programs and activities under Title I and
Title II of the Workforce Innovation and Opportunity Act
(WIOA), as well as amends sections 2, 5, 6, 7, and 15 of the
Wagner-Peyser Act, for Fiscal Years (FY) 2025 through 2030.
Appropriations are authorized at the topline amount of $6.38
billion, which is equal to the amount authorized in current law
for FY 2020, and level-funded for the duration of the bill.
Additionally, the bill amends section 414 of the American
Competitiveness and Workforce Improvement Act of 1998 to
repurpose the H 1B fee revenue provided to DOL and amends
section 453 of the Social Security Act to authorize state
agencies responsible for administering the performance
accountability system under WIOA to receive information from
the National Directory of New Hires. The bill makes necessary
reforms to strengthen the workforce system, including by:
Upgrading the skills of more Americans
Dedicates 50 percent of the adult and
dislocated worker funding toward upskilling workers
through ``individual training accounts'' (ITAs), on-
the-job learning, and other employer-led and industry
relevant initiatives.
Provides eligible displaced workers with
ITAs with a value of $5,000 to enroll in highquality
reskilling programs and reconnect with the workforce by
repurposing existing resources at the Department of
Labor.
Allows states to set-aside additional funds
from their state allocation to establish a ``critical
industry skills fund.'' Through the fund, states will
provide reimbursements to employers, sector
partnerships, and other intermediaries for upskilling
workers in the priority industries selected by the
state. Reimbursements will occur only when the workers
complete their program and are employed and retained in
that industry.
Raises the cap on ``incumbent worker
training'' so local workforce boards, particularly in
areas with low unemployment or high labor force
participation, can help the currently employed
workforce gain new skills to avoid displacement and
advance their careers.
Enhances the Adult Education and Family
Literacy Act (WIOA Title II) by including digital
literacy skills as a core component of adult education
and emphasizing the use of ``integrated education and
training'' so adult learners can develop basic skills
while simultaneously preparing for an in-demand
occupation or industry.
Delivering greater accountability and program quality
Streamlines the ``eligible training provider
list'' to ensure programs are aligned with the skill
and hiring demands of employers by focusing the
eligibility process on employment outcomes, providing
an on-ramp for newer programs to receive eligibility
under a performance-funding model, and creating a
process for employers to ``sponsor'' a program as a
signal of high quality and industry-relevance.
Updates the performance indicators to better
evaluate program success. The bill makes the percentage
employed during the fourth quarter after exiting a
program a labor market retention measure to hold
programs accountable for ensuring participants have the
skills to stay in the workforce. The bill also reforms
the ``effectiveness in serving employers'' indicator to
measure the percentage of participants in employer-
connected learning such as ``on-the-job training'' or
an apprenticeship.
Strengthens and fully implements the
performance accountability system in the law to hold
states and local workforce boards accountable for
achieving positive labor market outcomes for program
participants and drive continuous improvement across
the system.
Modernizes the delivery of services to
jobseekers by directing states to periodically reassess
whether their WIOA ``local areas'' match the labor
markets and economic development initiatives of the
state, while encouraging the use of virtual services
and existing community hubs to reach more jobseekers at
a lower cost.
Raises the standards for performance and
student safety in the Job Corps program by conditioning
the award and extension of campus operator contracts on
successful performance and enhancing the improvement
actions that must be taken if a Job Corps campus is not
achieving successful student outcomes or keeping
students safe while simultaneously affording campuses
more local control over budgeting, programming, and
behavioral management.
Strengthening pathways to economic opportunity
Creates a new definition of ``opportunity
youth'' to replace ``out-of-school youth'' and provides
greater flexibility to respond to local needs by
requiring 65 percent of youth funds statewide be
dedicated towards serving opportunity youth while
allowing states to work with their local boards to
determine the appropriate percentage for each local
area.
Places a greater emphasis on work-based
learning for youth and enhances the quality of summer
and year-round employment opportunities available,
while authorizing the use of ITAs for in-school youth
to participate in skills development programs outside
of the courses offered by their school district.
Codifies and strengthens a program to help
individuals released from the nation's prisons
transition back to meaningful employment and access
skills and career pathways, while identifying and
disseminating effective strategies to improve outcomes
and reduce recidivism.
Strengthens workforce education programs at
community colleges that align with indemand jobs by
emphasizing programs with industry partnerships and
those that use competency-based assessments to award
academic credit for prior learning.
Fueling innovation for a skills-based economy
Authorizes a demonstration authority to
allow several states and local workforce boards to
receive their Title I funds as a consolidated grant for
five years, with flexibility to restructure their state
or local workforce system to meet the needs of their
workers and employers, while retaining basic workforce
protections and programmatic accountability.
Provides transparency on the credentials
that are awarded by eligible providers to include
credential-specific information on the awarding entity,
industry recognition, the skills and competencies the
credential signifies, and the employment and earnings
outcomes of participants who receive the credential.
Facilitates skills-based hiring by
authorizing state and local boards to provide on their
own or in partnership with industry associations
technical assistance to employers on implementing
skills-based hiring practices, while embedding
competency-based assessments in the participant in-take
process.
Enhances Workforce Data Quality Initiative
grants to improve state workforce data capabilities by
fostering cross-state collaboration, improving the
timeliness and relevance of labor market data,
supporting the adoption of credential navigation tools,
and advancing the use of evidence and data to drive
decision-making.
Raises the cap on pay-for-performance
contracting and simplifies the process for local
workforce boards to contract with programs committed to
delivering good outcomes, while removing the
prohibition on states using their governor's reserve on
incentives for local boards using pay-for-performance
contracting.
H.R. 6655 Section-by-Section Summary
Section 1. Short title/table of contents
The short title is ``A Stronger Workforce for America
Act.''
Section 2. Effective date/transition authority
This section provides that the amendments made by this Act
will take effect the first program year that begins after
enactment and provides for the orderly implementation of the
Act.
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--General Provisions
Section 101. Definitions
This section amends section 3 of the Workforce Innovation
and Opportunity Act (WIOA) to update existing definitions and
define the terms ``co-enrollment,'' ``digital literacy
skills,'' ``evidence-based,'' ``labor organization,'' and
``work-based learning.''
Section 102. Table of contents amendments
This section amends the table of contents in WIOA to
reflect the amendments made by this Act.
Subtitle B--System Alignment
Section 111. State workforce development board
This section amends section 101 of WIOA to make a
conforming change to reflect the new definition of
``opportunity youth.''
Section 112. Unified State plan
This section amends section 102 of WIOA to modify the
required elements of the unified state plan, including by
ensuring the analysis of economic conditions and workforce
needs of the state are continually assessed using real-time
labor market information, removing the requirement on states to
submit an update to the four-year state plan after two years,
and providing more flexibility in describing how the state
strategy will be implemented. This section also includes new
strategic planning elements focused on expanding economic
mobility through skills-based hiring initiatives, reviews of
occupational licensing policies, and assessments of the needs
of opportunity youth.
Section 115. Workforce development areas
This section amends section 106 of WIOA to revise the
process used when designating local workforce development areas
(local areas) by requiring the governor to conduct reviews
every eight years of the alignment of local areas to labor
market or economic areas and propose designations for the next
eight years, which shall be subject to the approval of a
majority of the local workforce development boards (local
boards) in the state. If the local boards reject the proposed
designations, they must choose between aligning the local areas
with the economic development areas or the planning regions of
the state. The first review period by the governors will occur
before the third program year after enactment, with the first
designation of local areas occurring at the start of the fourth
program year. This section also clarifies the circumstances
under which interim revisions to the local areas may be made,
establishes a process for multiple local areas to form a
regional consortium to improve operational efficiency, and
allows the governor to provide incentives to local areas that
choose to merge together or form a regional consortium.
Additionally, this section clarifies that a governor may
propose to designate the state as a ``single state local area''
during the alignment review, which can take effect if such
proposal is approved by a majority of the local boards.
Section 116. Local workforce development boards
This section amends section 107 of WIOA to modify the
functions of the local boards, including by enhancing the
ability of the local boards to convene local workforce
stakeholders in the development of the local plan, emphasizing
the alignment of career pathways with the career and technical
education (CTE) programs of study in the area, and clarifying
the local boards' authority over the budget and administration
of the adult, dislocated worker, and youth workforce
development activities of the local area.
Section 117. Local plan
This section amends section 108 of WIOA to modify the
required elements of the local plan to ensure the analysis of
economic conditions and workforce needs of the region are
continually assessed using real-time labor market information,
remove the requirement on local boards to submit an update to
the four-year local plan after two years, and include analysis
of the opportunity youth in the local area and the service
needs of this population.
Section 119. Performance accountability system
This section amends section 116 of WIOA to revise the
performance accountability system in several ways, including
by:
Updating the primary indicators of
performance to convert the ``employment fourth quarter
after exit'' indicator into a measure of retention in
the labor force, calculate the ``measurable skill
gains'' indicator in the six-month period after program
entry, and revise the ``effectiveness in serving
employers'' indicator to measure percentage of
participants that exited the program having completed
on-the-job training, incumbent worker training,
employer-directed skills development, or an
apprenticeship--or for participants in the youth
program, the percentage who completed paid or unpaid
work experiences.
Revising the process under which states
negotiate and agree upon state levels of performance
with the Department of Labor and Department of
Education (Departments) to require the Departments to
first propose levels based on their statistical
adjustment model and give states the opportunity to
react and offer counterproposals, as they determine
necessary, while requiring the Departments to publish
their statistical adjustment model and clarifying it
must involve factors found to be predictive of
performance.
Directing the Departments to update the
performance reporting templates to collect common data
elements across the core programs in an identical
manner and make the performance reports available in
transparent and accessible formats.
Updating elements of the performance reports
to include the median earnings gain of program
participants in the state performance report and the
percentage spent on skills development and supportive
services in the local performance report, while
clarifying that states will submit one performance
report that includes the performance of each eligible
training provider in the state, as well as overall
analysis of the effectiveness of the skills development
provided.
Clarifying the circumstances under which a
state or local area is subject to performance
improvement actions or fiscal sanctions by codifying
the percentage of negotiated levels of performance that
must be achieved, differentiating between a performance
failure on an individual indicator of performance and a
performance failure across all indicators for a core
program or on an individual indicator across all
programs, while aligning the improvement actions and
fiscal sanctions accordingly.
Subtitle C--Workforce Investment Activities and Providers
Section 121. One-stop delivery system
This section amends section 121 of WIOA to modify the
requirements for the one-stop delivery system to allow area CTE
schools and public libraries to serve as the one-stop operator,
while clarifying the circumstances under which the local board
may serve as the one-stop operator and the necessary internal
controls that must be in place to prevent a conflict of
interest. This section also provides greater flexibility for
local boards to expand access to services through the onestop
delivery system through the use of virtual services and a
network of affiliated locations, such as libraries or community
colleges. Additionally, this section reforms the funding of
onestop infrastructure by removing the requirement on local
boards to negotiate an ``infrastructure funding agreement''
with the one-stop partners and defaulting to the state
infrastructure mechanism in current law to effectively allocate
costs by proportionate use, while still allowing local boards
to development supplemental agreements for any additional
expenses that may exist.
Section 122. Eligible training providers
This section amends section 122 of WIOA to reform the
process for states to determine eligible providers and programs
of training services, including by:
Establishing a ``standard eligibility''
status that is determined by the verified outcomes of
participants in a program on the metrics of credential
attainment, job placement, median earnings, and value-
added ratio (earnings increase compared to the cost of
the program), with the minimum levels of performance on
each metric set by the state. If a program with
``standard eligibility'' status fails to meet the
minimum levels of performance for two consecutive
years, it will no longer be able to provide ``training
services'' using WIOA funds or can apply for
``conditional eligibility'' status.
Establishing a ``conditional eligibility''
status for newer programs or programs that are building
a base of outcomes to achieve standard eligibility,
under which portions of the payment for serving a WIOA
participant will be tied to successful enrollment,
completion, and job placement of the participant to
ensure the programs share the risk of unsuccessful
outcomes.
Formalizing a process for an employer or an
industry or sector partnership to sponsor an eligible
program by committing to pay a portion of the cost for
WIOA participants that select the program and consider
them for a job upon successful completion, while having
these programs promoted to jobseekers when selecting
from the list of eligible programs.
Streamlining the application process for
providers and requiring an eligibility determination
within 30 days of submitting an application, while
encouraging states to limit duplication of effort on
providers that have applied in other states and
clarifying how state eligibility pertains to online
providers.
Providing transparency on the credentials
that are awarded by eligible providers to include
credential-specific information on the awarding entity,
industry recognition, the skills and competencies the
credential signifies, and the employment and earnings
outcomes of participants who receive the credential.
Allowing States or local boards to establish
performance incentives for providers that achieve high
levels of performance, serve a significant number of
individuals with barriers to employment, or place
participants into high-paying, family sustaining
employment.
Section 131. Reservations for statewide activities
This section amends section 131 of WIOA to authorize states
to make an additional reservation from the state's adult,
dislocated worker, and youth allotments of up to 10 percent to
establish a Critical Industry Skills Fund, provided that the
state must use an equal amount of funds from the governor's
reserve or other sources of federal or state funds for this
purpose.
Section 132. Youth workforce activities
This section amends section 129 of WIOA to modify the
workforce activities for youth, including by:
Replacing ``out-of-school youth'' with
``opportunity youth'' and including homeless youth and
those involved with the justice or foster care systems
as opportunity youth, regardless of their school
status.
Revising the requirement for 75 percent of
youth funds to be spent on out-of-school youth to be a
65 percent requirement for spending on opportunity
youth and making this a statewide threshold to give
states and local areas the flexibility to determine the
appropriate allocation of funding for each local area
based on their specific needs.
Increasing the percentage of funding
dedicated to work experiences to 40 percent, while
establishing core elements of summer and year-round
employment opportunities and requiring that internships
lasting for longer periods be paid.
Expanding the list of statewide allowable
activities to include raising public awareness about
career and technical education programs and developing
partnerships between educational institutions to create
or improve workforce development programs.
Updating the elements of youth workforce
programs to include activities to develop fundamental
workforce readiness skills, authorize the use of
``individual training accounts'' (ITAs) for in-school
youth, and increase the cap on the amount of funding
that can be used on pay-for-performance contract
strategies.
Streamlining the enrollment process by
allowing programs to begin serving youth while an
eligibility determination is being made, shifting the
burden of determining eligibility to program or one-
stop operator staff, and aligning the documentation
requirements to determine foster or homeless youth
status with the Higher Education Act.
Section 141. State allotments
This section amends section 132 of WIOA to reflect that the
dislocated worker funds reserved by the Secretary of Labor
(Secretary) will also be used for the Workforce Data Quality
Initiative established in section 174 of this Act.
Section 142. Reservations for State activities
This section amends section 133 of WIOA to conform with the
changes made to section 131 and allow the governor to make an
additional reservation to establish a Critical Industry Skills
Fund.
Section 143. Adult and dislocated worker activities
This section amends section 134 of WIOA to revise the
statewide workforce activities for adults and dislocated
workers, including by:
Establishing a new statewide required
activity of coordinating with industry and education
stakeholders to identify or develop competency-based
assessments that measure knowledge, skills, and
abilities for the purposes of awarding recognized
postsecondary credentials or credit, developing
individual employment plans, or skillsbased resumes or
profiles.
Expanding the list of statewide allowable
activities to include supporting employers in the state
seeking to implement skills-based hiring practices and
developing partnerships between educational
institutions and employers to create or improve
workforce development programs.
Establishing the Critical Industry Skills
Fund as a statewide allowable activity with the
governor's reserve and any additional funds reserved by
the governor for this purpose under section 133.
Through the Critical Industry Skills fund, states will
provide partial reimbursements to employers, sector
partnerships, and other intermediaries that have
approved applications to upskill workers in the
priority industries selected by the state, with a non-
federal cost sharing requirement based on the size of
the participating employers. Reimbursements will occur
only when workers complete their program and are
employed and retained in that industry.
Additionally, this section revises the local workforce
activities for adults and dislocated workers, including by:
Requiring that no less than 50 percent of
the funds allocated to a local area be used to provide
eligible individuals with skills development through an
ITA or a contract with an employer or provider, such as
for ``on-the-job training,'' ``incumbent worker
training,'' ``employer-directed skills development,''
and pay-for-performance contracts.
Updating the initial skills assessment
conducted during the intake process to include, when
appropriate, a competency-based assessment that would
help an individual accelerate their earning of
credentials or returning to employment.
Restructuring the existing ``career
services'' required under the law into basic and
individualized career services and directing the basic
career services to primarily be provided by the
Employment Service under the Wagner-Peyser Act to
reduce duplication of effort.
Pulling the existing ``business services''
out from under career services and into its own service
category, while allowing these services to include
technical assistance and support to employers seeking
to implement skills-based hiring practices.
Streamlining the intake process when an
individual is referred to the workforce system by an
employer and permitting an individual to begin
participating in a skills development program while
they are waiting for an eligibility determination to be
made.
Establishing the contents of an employer-
directed skills agreement that may be developed between
a local board and an employer to provide a program of
employer-directed skills development (a revised
iteration of customized training).
Increasing the cap on the amount of funds a
local board may use on ``incumbent worker training'' to
30 percent and providing for further increases if the
local area has been experiencing low rates of
unemployment or a high rate of labor force
participation, while authorizing the use of incumbent
worker upskilling accounts.
Increasing the cap on the amount of funds a
local board may use on pay-for-performance contracts to
40 percent, while allowing a further increase to 60
percent upon two years of demonstrated success using
such contracts and approval from the governor.
Increasing the cap on the amount of funds a
local board may use on transitional jobs to 15 percent.
Section 145. Authorization of appropriations
This section amends section 136 of WIOA to authorize
appropriations for each of the Fiscal Years 2025 through 2030
at the amount of $976,573,900 for the youth program,
$912,218,500 for the adult program, and $1,451,859,000 for the
dislocated worker program.
Subtitle D--Job Corps
Section 151. Purposes
This section amends section 141 of WIOA to update the
terminology in the program to refer to each site as a Job Corps
``campus.''
Section 152. Definitions
This section amends section 142 of WIOA to update the
terminology in the program to refer to each site as a Job Corps
``campus.''
Section 153. Individuals eligible for Job Corps
This section amends section 144 of WIOA to modify the
eligibility criteria for the Job Corps program, including by
revising the age criteria to remove the limitation on the
percent of individuals that can be ages 22 to 24 and require
that an individual who is age 16 or 17 only be eligible upon a
determination by the director of a Job Corps campus that the
individual has the ability to succeed in the program.
Additionally, this section permits residents of Opportunity
Zones to qualify without further documentation of income
status, clarifies that transitioning servicemembers also
qualify for the military income exemption that exists for
veterans, and streamlines the determination of homeless or
foster youth status to match the process described in section
479D of the Higher Education Act.
Section 154. Recruitment, screening, selection and assignment
This section amends section 145 of WIOA to direct the
Secretary to assist in the development of joint applications
for Job Corps, YouthBuild, and the youth activities program. It
also clarifies the existing drug test procedures for enrollees
to require an initial drug test within 48 hours upon arrival on
campus, and if the results of the initial test are positive,
require a subsequent drug test at the earliest appropriate time
to determine if the enrollee has continued using drugs since
arrival on campus. It also revises the number of days the
results of the subsequent drug test must be received, from 45
days after arrival to within 50 days after arrival, and if the
test is positive, the enrollee must be terminated from the
program and referred to a substance use disorder treatment
program.
Section 155. Job Corps campuses
This section amends section 147 of WIOA to modify the
process through which the Secretary selects entities to operate
Job Corps campuses to require the consideration of a numeric
metric of the entities' past effectiveness based on the primary
indicators of performance, a description of the policies that
will be implemented to maintain a secure campus, and agreements
to provide off-campus work-based learning opportunities to
enrollees. It revises the threshold for being considered a
high-performing campus to include those that are ranked in the
top 25 percent of all campuses and meet 100 percent or higher
of their expected level of performance on each indicator and
raises the percentage of enrollees that can be non-residential
to 30 percent. Additionally, this section extends the length of
contracts to three years while raising the threshold for a
renewal to require the campus to have achieved at least 80
percent of their expected levels of performance, at least 80
percent of the contractually agreed upon level of enrollment
and maintained a safe and secure campus.
Section 156. Program activities
This section amends section 148 of WIOA to require campuses
to provide residential enrollees productive activities outside
of program hours and clarify that any eligible provider on the
state ``eligible training provider list'' and aligned with the
CTE the enrollee has completed may be used to provide advanced
career education for selected enrollees.
Section 157. Support
This section amends section 150 of WIOA to allow a Job
Corps graduate to remain a resident on campus for up to one
month after graduation with written approval from the director
of the Job Corps campus and only if such individual has not had
a behavioral infraction in the 90 days prior to graduation.
Section 158. Operations
This section amends section 151 of WIOA to grant Job Corps
operators authority to hire and develop staff, enter into
agreements with educational entities and employers, and educate
stakeholders about Job Corps activities without prior approval
of the Secretary of Labor, while making clear that any such
agreements that do not involve monetary compensation are not
considered subcontracts. Additionally, this section requires
the Secretary to solicit information on any operational costs
that may arise prior to making changes to the operating
agreement.
Section 159. Standards of conduct
This section amends section 152 of WIOA to update the
standards of conduct for Job Corps campuses to require each
campus operator to develop and implement a behavioral
management plan, remove ``disruptive'' activity from the list
of zero tolerance offenses, codify incident reporting
requirements so that serious incidents are reported in within 2
hours, and establish a zero tolerance appeal process for the
director of a Job Corps campus to appeal the dismissal of an
individual that committed a zero tolerance violation to the
Secretary of Labor. Additionally, this section requires the
director of each Job Corps campus to enter into an agreement
with the local law enforcement agency regarding procedures for
the prompt reporting and investigation of potentially illegal
activity on Job Corps campuses.
Section 160. Community participation
This section amends section 153 of WIOA to update the
terminology in the program to refer to each site as a Job Corps
``campus.''
Section 161. Workforce councils
This section amends section 154 of WIOA to update the
terminology in the program to refer to each site as a Job Corps
``campus.''
Section 162. Advisory committees
This section amends section 155 of WIOA to require the
Secretary to establish an advisory committee to improve Job
Corps safety, which will provide recommendations on effective
or evidence-based strategies to improve campus safety,
security, and learning conditions, in addition to
recommendations on the required standards for campus safety.
Section 163. Experimental projects and technical assistance
This section amends section 156 of WIOA to authorize Job
Corps Scholars as an allowable demonstration project. Through
this initiative, the Secretary may award competitive grants to
institutions of higher education to enroll cohorts of Job Corps
eligible youth and provide a yearlong CTE component with
intensive counseling and supportive services, followed by up to
a year of employment and placement support. If grants are
awarded for this purpose, the Secretary must provide for an
independent evaluation that compares the outcomes and cost-
effectiveness of Job Corps Scholars with those of the Job Corps
program.
Section 164. Special provisions
This section amends section 158 of WIOA to permit Job Corps
campus operators to accept charitable donations on behalf of an
individual Job Corps campus and require any real property
acquired to be directly transferred to the Secretary.
Section 165. Management information
This section amends section 159 of WIOA to revise the
performance assessment of Job Corps campuses by specifying how
the Secretary is to establish expected levels of performance
for each Job Corps campus, taking into consideration local
conditions for such campus instead of setting one national
level for all campuses, requiring the Secretary to establish
campus safety standards, and directing each of the primary
indicators of performance to be given equal weight in
determining the overall performance of a Job Corps campus. It
modifies the performance improvement actions and thresholds for
when such actions must be taken by requiring the Secretary to
develop an improvement plan for any campus that fails to meet
an average of 90 percent of its expected levels of performance
or is in the bottom 10 percent of all Job Corps campuses
(referred to as ``initial failures''). This section requires
the Secretary to take substantial action if a campus fails to
meet 85 percent of its expected levels of performance or is in
the bottom 10 percent of all Job Corps campuses for two
consecutive years (referred to as ``repeat failures''), such as
changing the management staff or CTE offered or replacing the
operator of the campus. If a Job Corps campus that was subject
to substantial action for a repeat failure and continues to
fail to meet 85 percent of its expected levels of performance,
or is in the bottom 10 percent of all Job Corps campuses for
the two subsequent years (referred to as ``chronic failures''),
the Secretary is required to take further action, such as
closing or relocating the campus, or awarding the funding
directly to the state in which the campus is located for
operation of the campus with increased flexibility.
Additionally, this section clarifies that a Civilian
Conservation Center that fails to meet 90 percent of its
expected levels of performance for three consecutive years will
have a new operator selected competitively.
Section 166. Job Corps oversight and reporting
This section amends section 161 of WIOA to require the
Secretary to send annual reports to Congress on the
implementation of all outstanding recommendations from the
Office of the Inspector General or the Government
Accountability Office.
Section 167. Authorization of appropriations
This section amends section 162 of WIOA to authorize
appropriations for the Job Corps program for each of the Fiscal
Years 2025 to 2030 at an amount of $1,760,155,000.
Subtitle E--National Programs
Section 171. Native American Programs
This section amends section 166 of WIOA to make adjustments
to the Native American Programs by limiting the administrative
costs to 10 percent of a grant, requiring the Secretary to make
arrangements with a state to use wage records in the
performance reporting of grantees, and having the performance
of grantees published annually on the website of the Department
of Labor. Additionally, this section clarifies how vacancies to
the Native American Employment and Training Council are to be
filled and extends the authorization of appropriations for
assistance to unique populations in Alaska and Hawaii for each
of the Fiscal Years 2025 to 2030 at $542,000.
Section 172. Migrant and Seasonal Farmworker Programs
This section amends section 167 of WIOA to make adjustments
to the Migrant and Seasonal Farmworkers Programs by limiting
the administrative costs to 10 percent of a grant, requiring
the Secretary to make arrangements with a state to use wage
records in the performance reporting of grantees, having the
performance of grantees published annually on the website of
the Department of Labor, and clarifying the timelines under
which grant funds must be obligated and spent.
Section 173. Technical assistance
This section amends section 168 of WIOA to update the
activities for which the Secretary provides general technical
assistance to include assistance integrating the Employment
Service in the provision of basic career services, assistance
maintaining the list of eligible providers of training
services, and assistance to states that request support in
transitioning to the new elements of the eligible training
provider list. Additionally, this section makes the funds
reserved for technical assistance available for any states that
do not meet their performance accountability levels across all
programs, not just for the dislocated worker program.
Section 174. Evaluations and research
This section amends section 169 of WIOA to modify the
evaluation and research activities to be conducted by the
Secretary by limiting the authority to conduct evaluations of
other programs if the required evaluations under this section
have not been completed, striking the required or allowable
studies that have already been completed, and including new
studies on the employment conditions of participants after
program exit, improving workforce services for individuals with
disabilities, the effectiveness of pay-for-performance contract
strategies, the usage of ITAs by dislocated workers, the
effectiveness of the Critical Industry Skills Fund, and the
effectiveness of employer-based upskilling. Additionally, this
section establishes the Workforce Data Quality Initiative,
which will receive 5 percent of the funds from the dislocated
worker national reserve and award grants to state agencies or
consortiums to create and improve state workforce longitudinal
data systems and related resources.
Section 175. National Dislocated Worker Grants
This section amends section 170 of WIOA to update the
National Dislocated Worker Grants by fully aligning the
definition of an emergency or disaster with the Robert T.
Stafford Disaster Relief and Emergency Assistance Act\24\ and
codifying the ability to award grants to entities serving areas
with employment and upskilling needs related to widespread
opioid addiction while clarifying that grants awarded for this
purpose can be used to upskill individuals in health
professions involved in the prevention and treatment of opioid
abuse disorders.
---------------------------------------------------------------------------
\24\P.L. 93-288, 42 U.S.C. 5121 et seq.
---------------------------------------------------------------------------
Section 176. YouthBuild program
This section amends section 171 of WIOA to modify the
YouthBuild program by directing the Secretary to reserve 20
percent of any amounts appropriated over $90,000,000 for grants
to rural areas or tribes, clarifying that grantees can provide
meals to participants in conjunction with program activities,
requiring the Secretary to make arrangements with a state to
use wage records in the performance reporting of grantees,
having the performance of grantees published annually on the
Department of Labor's website, and encouraging the Secretary to
announce the funding opportunities at the same time each year.
Additionally, this section authorizes appropriations for the
YouthBuild program for each of Fiscal Years 2025 to 2030 in an
amount of $108,150,000.
Section 178. Reentry Employment Opportunities
This section amends WIOA to create a new section 172 and
codify the Reentry Employment Opportunities program to improve
the reentry of justice-involved individuals into the workforce.
It directs the Secretary to award competitive grants and
contracts to eligible entities, including 30 percent of awards
for regional or national intermediaries, to conduct reentry
projects, 30 percent of which must be pay-for-performance
contracts, with priority given to entities that will serve
high-poverty areas, use evidence-based strategies, enroll
individuals prior to release, establish partnerships with
businesses and institutions of higher education, and provide
on-the-job learning. Eligible entities must provide a 25
percent match of funds through non-federal sources (such as
cash or in-kind), except in the case of significant financial
hardship, and must meet expected levels of performance to be
eligible for subsequent grants. Additionally, this section
directs the Secretary to conduct an evaluation of the
effectiveness of reentry projects.
Section 179. Strengthening Community Colleges Program
This section amends WIOA to create a new section 173 and
codify the Strengthening Community Colleges Workforce
Development Grant Program to improve and expand highquality
workforce development programs at community colleges. Community
colleges applying for grants under this section must establish
an industry partnership with one or more employers in in-demand
industries in the region to carry out grant activities.
Priority will be given to applicants who will serve individuals
with barriers to employment or incumbent workers in need of
foundational skills, will use competency-based assessments to
award credit for prior learning, or will seek to get programs
supported by the grant on the state's eligible training
provider list. The Secretary must establish levels of
performance for each grantee on the primary indicators of
performance, the extent to which the grantee improves
institutional capacity to offer workforce programs, and the
completion and career advancement of participants, which a
grantee must meet in order to be eligible for subsequent
grants. Additionally, this section directs the Secretary to
conduct an evaluation of the effectiveness of the grants,
including the extent to which they developed or expanded
industry sector strategies or career pathways.
Section 180. Authorization of appropriations
This section amends section 172 of WIOA (redesignated as
section 174) to authorize appropriations for each of the Fiscal
Years 2025 through 2030 at the amount of $61,800,000 for Native
American Programs, $100,317,900 for Migrant and Seasonal
Farmworker Programs, $5,000,000 for Technical Assistance,
$12,720,000 for Evaluations and Research, $115,000,000 for
Reentry Employment Opportunities, and $65,000,000 for the
Strengthening Community Colleges Program.
Subtitle F--Administration
Section 191. Requirements and restrictions
This section amends section 181 of WIOA to update the labor
standards so that, if an employer provides on-the-job training,
incumbent worker training, or employer-directed skills
development to employees of the employer that are subject to a
collective bargaining agreement with the employer, the employer
must consult with the labor organization on the planning or
creation of the skills development.
Section. 192. Secretarial administrative authorities and
responsibilities
This section amends section 189 of WIOA to revise the
waiver authority and include requirements related to
performance reporting and the minimum percentage of adult and
dislocated worker funding that must be spent on skills
development to the list of items that cannot be waived by the
Secretary.
Section 193. State innovation demonstration authority
This section amends section 190 of WIOA to establish a
state innovation demonstration authority to empower states and
local workforce boards to pursue innovative reforms to their
workforce systems. A state, local area, or consortia of
multiple local areas with an approved demonstration project
will receive its adult, dislocated worker, and youth funds as a
consolidated grant for five years with increased flexibility.
The demonstration projects must continue to follow the priority
of service requirements of the law, adhere to existing
workforce protections, set performance targets higher than
their current level of performance, and have a rigorous
evaluation completed. The Secretary is limited to approving
four statewide demonstration projects and six local area or
consortium demonstration projects, and statewide demonstration
projects may only be approved for states that are designated as
a single state local area at the time of applying or have a
labor force participation rate of less than 60 percent and a
population of less than six million. The authority to approve
new demonstration projects terminates after December 31, 2030.
TITLE II--ADULT EDUCATION AND LITERACY
Section 201. Purpose
This section amends section 202 of WIOA to update the
purpose of the Adult Education and Literacy program to include
assisting adults in obtaining digital literacy skills.
Section 202. Definitions
This section amends section 203 of WIOA to define ``digital
literacy skills,'' include digital literacy skills under the
definition of ``adult education,'' replace the term ``English
language learner'' with ``English learner,'' and update the
definition of ``integrated English literacy and civics
education.''
Section 203. Authorization of appropriations
This section amends section 206 of WIOA to authorize
appropriations for Title II for Fiscal Years 2025 to 2030 at an
amount of $751,042,100.
Section 204. Special rule
This section amends section 212 of WIOA to make a
conforming change to reflect the renumbering of the definitions
in section 3 of WIOA.
Section 205. Performance accountability system
This section amends section 212 of WIOA to provide that the
primary indicator of performance measuring participant
completion of employer-connected learning will be applied to
Title II as the percentage of program participants who exited
the program during the program year and completed an
``integrated education and training'' program.
Section 206. Matching requirement
This section amends section 222 of WIOA to direct each
State agency to make publicly available the sources of the
required matching funds and an explanation of how these funds
are being distributed to eligible providers.
Section 207. State leadership activities
This section amends section 223 of WIOA to update the
required state leadership activities to include the
identification of opportunities to align with activities
supported under the Carl D. Perkins Career and Technical
Education Act\25\ to expand integrated education and training
programs, assistance to providers in reporting participant
outcomes, and the development or identification of
instructional materials designed to meet the needs of adult and
English learners. Additionally, this section updates the
allowable state leadership activities to include the
development of policies to award recognized postsecondary
credentials to adult educators with demonstrated effectiveness,
performance incentive payments to eligible providers, including
payments for increased use of ``integrated employment and
training'' or other forms of linked instruction, and activities
to strengthen the quality of standards and accreditation
requirements.
---------------------------------------------------------------------------
\25\Perkins IV; P.L. 109-270
---------------------------------------------------------------------------
Section 208. Programs for corrections education
This section amends section 225 of WIOA to require state
agencies using funds to carry out corrections education and
education for other institutionalized individuals to coordinate
these activities with any funds reserved by the state under the
Carl D. Perkins Career and Technical Education Act to serve
this population and develop ``integrated education and
training'' opportunities.
Section 209. Grants and contracts for eligible providers
This section amends section 231 of WIOA to update the
considerations state agencies must use when awarding grants and
contracts to eligible providers to include consideration of the
instructional materials used by the provider and clarify that
states may consider the costs of providing learning in context,
including ``integrated education and training'', and the extent
to which eligible providers intend to use these strategies when
determining the amount of funds to be awarded.
Section 210. Local application
This section amends section 232 of WIOA to update the local
application that must be submitted by each eligible provider to
include 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.''
Section 211. Local administrative cost limits
This section amends section 233 of WIOA to revise the local
administrative cost limits to move professional development for
adult educators into its own category, subject to a 10 percent
cost limit.
Section 212. National leadership activities
This section amends section 242 of WIOA to update the
national leadership required activities to include the
dissemination of effective practices used by states to reduce
reporting burden through the use of administrative data.
Additionally, this section adds new allowable activities of
developing and evaluating programs for the preparation of adult
educators and carrying out initiatives to disseminate effective
staffing models, program quality standards, and accreditation
requirements that may be voluntarily adopted.
Section 213. Integrated English literacy and civics education
This section amends section 243 of WIOA to update the terms
to read ``English learners.''
TITLE III--AMENDMENTS TO OTHER LAWS
Section 301. Amendments to the Wagner-Peyser Act
This section amends the Wagner-Peyser Act to include the
Commonwealth of the Northern Mariana Islands and American Samoa
in the Employment Service, providing each of these territories
one half of the amount of funding that Guam is provided,
beginning the first fiscal year the total amount available for
allotment is greater than the amount for Fiscal Year 2024. It
makes adjustments to support the integrated delivery of career
services provided by the Employment Services within the one-
stop delivery system. Additionally, this section modifies the
workforce and labor market information system to promote the
use of real-time data to identify trends in emerging occupation
roles and skills and disseminate information in a manner that
is user-friendly. This section authorizes appropriations to
carry out section 15 of the Wagner-Peyser Act for Fiscal Years
2025 to 2030 at an amount of $64,532,600.
Section 302. Job training grants
This section amends section 414 of the American
Competitiveness and Workforce Improvement Act of 1998 to
repurpose the H-1B fee revenue provided to the Secretary and
allot the funding through states and down to local areas based
on a formula that allocates one-third of the funding based on
the relative number of unemployed individuals, one-third of the
funding based on the relative number of disadvantaged adults,
and one-third based on the relative number of individuals in
the civilian labor force. It requires the funds to be used to
provide ITAs for dislocated workers that are determined to be
eligible for training services, have not received an ITA during
the preceding five-year period, and are not subject to any
other state or local limitations relating to individuals that
have previously received an ITA. The ITAs provided under this
section will function in the same manner as ITAs provided under
section 134 of WIOA, except that a local area may not limit the
maximum amount available for an ITA to less than $5,000 and
must provide notice to an eligible dislocated worker of any
opportunities to participate in on-the-job training or
employer-directed skills development before selecting a program
from the state's ``eligible training provider list.'' Local
areas must use the funds provided under this section before
using the funds available for skills development under section
134 of WIOA for ITAs for dislocated workers. Once the funds
provided under this section are exhausted, the local area must
use the funds reserved under section 134 for any dislocated
worker determined eligible for an ITA and may limit the maximum
amount available to less than $5,000 if the dislocated worker
is not a low-income individual. If the demand for ITAs by
eligible dislocated workers exceeds the amount provided to a
local area under this section and section 134 of WIOA, the
local area may request additional funds from the amount
reserved by the state for rapid-response activities.
Section 303. Access to National Directory of New Hires
This section amends section 453 of the Social Security Act
to authorize state agencies responsible for administering the
performance accountability system under section 116 of WIOA to
receive information from the National Directory of New Hires.
Explanation of Amendments
The amendments, including the amendment in the nature of a
substitute, are explained in the body of this report.
Application of Law to the Legislative Branch
Section 102(b)3 of Public Law 104-1 requires a description
of the application of this bill to the legislative branch. H.R.
6655 takes important steps to increase the competitiveness of
our nation's workforce by more effectively serving workers and
employers. H.R. 6655 is applicable to state and federal
workforce programs and therefore does not affect the
legislative branch.
Unfunded Mandate Statement
Pursuant to Section 423 of the Congressional Budget and
Impoundment Control Act (as amended by Section 101(a)(2) of the
Unfunded Mandates Reform Act, P.L. 104-4) the Committee adopts
as its own the cost estimate prepared by the Congressional
Budget Office (CBO) pursuant to section 402 of the
Congressional Budget and Impoundment Control Act of 1974.
Earmark Statement
H.R. 6655 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
Roll Call Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee Report to include for
each record vote on a motion to report the measure or matter
and on any amendments offered to the measure or matter the
total number of votes for and against and the names of the
Members voting for and against.
Statement of General Performance Goals and Objectives
In accordance with clause (3)(c) of rule XIII of the Rules
of the House of Representatives, the goal of H.R. 6655 is to
increase the competitiveness of our nation's workforce by more
effectively serving workers and employers.
Duplication of Federal Programs
No provision of H.R. 6655 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the committee's oversight findings and recommendations are
reflected in the body of this report.
Required Committee Hearing and Related Hearings
In compliance with clause 3(c)(6) of rule XIII of the Rules
of the House of Representatives the following hearings held
during the 118th Congress were used to develop or consider H.R.
6655: on February 8, 2023, the Committee on Education and the
Workforce held a hearing entitled ``American Education in
Crisis'''; on May 15, 2023, the Subcommittee on Higher
Education and Workforce Development held a hearing entitled
``Examining America's Workforce Challenges: Looking for Ways to
Improve Skills Development''; on May 16, 2023, the Committee on
Education and the Workforce held a hearing entitled ``Examining
the Policies and Priorities of the U.S. Department of
Education''; on June 7, 2023, the Committee on Education and
the Workforce held a hearing entitled ``Examining the Policies
and Priorities of the Department of Labor''; on June 22, 2023,
the Committee on Education and the Workforce held a hearing
entitled ``Competencies Over Degrees: Transitioning to a
Skills-Based Economy''; and on September 20, 2023, the
Subcommittee on Higher Education and Workforce Development held
a hearing entitled ``Strengthening WIOA: Improving Outcomes for
Jobseekers, Employers, and Taxpayers.''
New Budget Authority and CBO Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following estimate for H.R. 6655 from the Director of the
Congressional Budget Office:
The bill would
Revise and reauthorize programs that provide
job training, employment, adult education, and literacy
Authorize the appropriation of specific
amounts for those programs
Authorize the Department of Labor to spend a
portion of the fees collected during the H-1B
application process on individual training accounts
instead of demonstration projects
Estimated budgetary effects would mainly stem from
Authorizing appropriations for grants and
job training activities
Changing how the Department of Labor can
spend a portion of funds collected from H-1B fees
Bill summary: H.R. 6655 would reauthorize and amend titles
I and II of the Workforce Innovation and Opportunity Act
(WIOA), including the Adult Education and Family Literacy Act.
The bill also would authorize appropriations for programs
related to those purposes. Finally, the bill would change how
the Department of Labor (DOL) can spend a portion of fees
collected during the H-1B application process from
demonstration projects to individual training accounts.
Estimated Federal cost: The estimated budgetary effect of
H.R. 6655 is shown in Table 1. The costs of the legislation
fall within budget function 500 (education, employment,
training, and social services).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 6655
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------------------------------------------------------
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2024-2028 2024-2033
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increases in Spending Subject to Appropriation
Authorization...................................... 0 6,385 6,385 6,385 6,385 6,385 6,385 751 0 0 25,540 39,061
Estimated Outlays.................................. 0 2,638 5,545 6,087 6,223 6,263 6,267 3,652 1,263 330 20,493 38,268
Decreases in Direct Spending
Estimated Budget Authority......................... -8 -24 -26 -27 -27 -28 -29 -30 -32 -31 -112 -262
Estimated Outlays.................................. 0 -4 -13 * -1 -1 -1 -1 -1 -2 -18 -24
--------------------------------------------------------------------------------------------------------------------------------------------------------
*= between -$500,000 and zero.
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted early in calendar year 2024 and that the
bill would become effective on July 1, 2024, at the start of
the new program year for WIOA. Authorization of appropriations
for these programs and activities expired after 2020 but funds
have been provided in annual appropriation acts since that
expiration.
Spending subject to appropriation: H.R. 6655 would
authorize the appropriation of $39.1 billion over the 2025-2031
period. Assuming appropriation of those amounts, CBO estimates
that implementing the bill would cost $38.3 billion over the
2024-2033 period (see Table 2).
TABLE 2.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 6655
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------------------------------------------------------
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2024-2028 2024-2033
--------------------------------------------------------------------------------------------------------------------------------------------------------
Workforce Development Activities
Authorization.................................. 0 5,569 5,569 5,569 5,569 5,569 5,569 0 0 0 22,276 33,414
Estimated Outlays.............................. 0 2,608 4,948 5,313 5,407 5,447 5,451 2,843 503 138 18,276 32,658
Adult Education and Family Literacy
Authorization................................ 0 751 751 751 751 751 751 751 0 0 3,004 5,257
Estimated Outlays............................ 0 23 563 713 751 751 751 751 729 188 2,050 5,220
Wagner-Peyser Act
Authorization.................................. 0 65 65 65 65 65 65 0 0 0 260 390
Estimated Outlays.............................. 0 7 34 61 65 65 65 58 31 4 167 390
Total Changes
Authorization.............................. 0 6,385 6,385 6,385 6,385 6,385 6,385 751 0 0 25,540 39,061
Estimated Outlays.......................... 0 2,638 5,545 6,087 6,223 6,263 6,267 3,652 1,263 330 20,493 38,268
--------------------------------------------------------------------------------------------------------------------------------------------------------
Workforce development activities. Title I of the bill would
revise and reauthorize title I of WIOA, including programs that
make grants for employment and training services for adults,
dislocated workers, veterans, youth, and people with barriers
to employment. The bill would authorize the appropriation of
$5.6 billion annually from 2025 through 2030 for those
programs. (In 2023, $4.1 billion was appropriated for those
purposes.) Assuming appropriation of the authorized amounts,
CBO estimates that implementing title I would cost $32.7
billion over the 2024-2033 period.
Adult education and family literacy. Title II would revise
and reauthorize the adult training services in WIOA. The bill
would authorize the appropriation of $751 million annually from
2025 through 2030. This authorization would automatically be
extended for one additional year, through 2031, under the
General Education Provisions Act. (In 2023, the Department of
Education allocated $729 million for those purposes.) Assuming
appropriation of the authorized amounts, CBO estimates that
implementing title II would cost $5.2 billion over the 2024-
2033 period.
Wagner-Peyser Act. Title III would revise and reauthorize
the workforce and labor market information system in the
Wagner-Peyser Act. The bill would authorize the appropriation
of $65 million annually from 2025 through 2030. (In 2023, $63
million was appropriated for those purposes.) Assuming
appropriation of the authorized amounts, CBO estimates that
implementing title III would cost $390 million over the 2024-
2033 period.
Direct spending: Under current law, some H-1B fees are
credited to DOL and the department may spend 50 percent of
those funds on job training programs in specific industries,
although a significant portion of those funds are not spent.
The bill would permanently rescind 12 percent of the funds
available to DOL each year and would require the department to
spend the remainder on individual training accounts for
dislocated workers. Those workers can use the funds credited to
their individual training accounts to pay for training services
they choose from a list of eligible providers. CBO estimates
that the rescission would reduce budget authority by $262
million over the 2024-2033 period. CBO estimates that those
changes would only decrease direct spending by $24 million over
the 2024-2033 period, because DOL historically does not spend
all of the funds made available from those fees.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in Table 3.
TABLE 3.--CBO'S ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF H.R. 6655, A STRONGER WORKFORCE FOR AMERICA ACT, AS ORDERED REPORTED BY THE HOUSE
COMMITTEE ON EDUCATION AND THE WORKFORCE ON DECEMBER 12, 2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
-----------------------------------------------------------------------------------------------------
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2024-2028 2024-2033
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Decrease in the Deficit
Pay-As-You-Go Effect.............................. 0 -4 -13 0 -1 -1 -1 -1 -1 -2 -18 -24
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long-term net direct spending and deficits: CBO
estimates that enacting H.R. 6655 would not increase net direct
spending or deficits in any of the four consecutive 10-year
periods beginning in 2034.
Mandates: The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act.
Estimate prepared by: Federal Costs: Meredith Decker
(Department of Labor); Garrett Quenneville (Department of
Education); Mandates: Erich Dvorak
Estimate reviewed by: Elizabeth Cove Delisle, Chief, Income
Security Cost Estimates Unit; Justin Humphrey, Chief, Finance,
Housing, and Education Cost Estimates Unit; Kathleen
FitzGerald, Chief, Public and Private Mandates Unit; H. Samuel
Papenfuss, Deputy Director of Budget Analysis.
Estimate approved by: Phillip L. Swagel, Director,
Congressional Budget Office.
Committee Cost Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H.R. 6655.
However, clause 3(d)(2)(B) of that rule provides that this
requirement does not apply when, as with the present report,
the Committee adopts as its own the cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
WORKFORCE INNOVATION AND OPPORTUNITY ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Workforce
Innovation and Opportunity Act''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
* * * * * * *
Subtitle D--National Programs
Sec. 166. Native American programs.
* * * * * * *
Sec. 172. Reentry employment opportunities.
Sec. 173. Strengthening community colleges workforce development grants
program.
Sec. [172.] 174. Authorization of appropriations.
Subtitle E--Administration
Sec. 181. Requirements and restrictions.
* * * * * * *
[Sec. 190. Workforce flexibility plans.]
* * * * * * *
Sec. 190. State innovation demonstration authority.
TITLE V--GENERAL PROVISIONS
Subtitle A--Workforce Investment
Sec. 501. Privacy.
* * * * * * *
[Sec. 503. Transition provisions.]
* * * * * * *
SEC. 3. DEFINITIONS.
In this Act, and the core program provisions that are not in
this Act, except as otherwise expressly provided:
(1) Administrative costs.--The term ``administrative
costs'' means expenditures incurred by State boards and
local boards, direct recipients (including State grant
recipients under subtitle B of title I and recipients
of awards under subtitles C and D of title I), local
grant recipients, local fiscal agents or local grant
subrecipients, and one-stop operators in the
performance of administrative functions and in carrying
out activities under title I that are not related to
the direct provision of workforce investment services
(including services to participants and employers).
Such costs include both personnel and nonpersonnel
costs and both direct and indirect costs.
(2) Adult.--Except as otherwise specified in section
132, the term ``adult'' means an individual who is age
18 or older.
(3) Adult education; adult education and literacy
activities.--The terms ``adult education'' and ``adult
education and literacy activities'' have the meanings
given the terms in section 203.
(4) Area career and technical education school.--The
term ``area career and technical education school'' 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).
[(5) Basic skills deficient.--The term ``basic skills
deficient'' means, with respect to an individual--
[(A) who is a youth, that the individual has
English reading, writing, or computing skills
at or below the 8th grade level on a generally
accepted standardized test; or
[(B) who is a youth or adult, that the
individual is unable to compute or solve
problems, or read, write, or speak English, at
a level necessary to function on the job, in
the individual's family, or in society.]
[(6)] (5) Career and technical education.--The term
``career and technical education'' 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).
[(7)] (6) Career pathway.--The term ``career
pathway'' means a combination of rigorous and high-
quality education, training, and other services that--
(A) aligns with the skill needs of industries
in the economy of the State or regional economy
involved;
(B) prepares an individual to be successful
in any of a full range of secondary or
postsecondary education options, including
apprenticeships registered under the Act of
August 16, 1937 (commonly known as the
``National Apprenticeship Act''; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.) (referred to
individually in this Act as an
``apprenticeship'', except in section 171);
(C) includes counseling to support an
individual in achieving the individual's
education and career goals;
(D) includes, as appropriate, education
offered concurrently with and in the same
context as workforce preparation activities and
training for a specific occupation or
occupational cluster;
(E) organizes education, training, and other
services to meet the particular needs of an
individual in a manner that accelerates the
educational and career advancement of the
individual to the extent practicable;
(F) enables an individual to attain a
secondary school diploma or its recognized
equivalent, and at least 1 recognized
postsecondary credential; and
(G) helps an individual enter or advance
within a specific occupation or occupational
cluster.
[(8)] (7) Career planning.--The term ``career
planning'' means the provision of a client-centered
approach in the delivery of services, designed--
(A) to prepare and coordinate comprehensive
employment plans, such as service strategies,
for participants to ensure access to necessary
workforce investment activities and supportive
services, using, where feasible, computer-based
technologies; and
(B) to provide job, education, and career
counseling, as appropriate during program
participation and after job placement.
[(9)] (8) Chief elected official.--The term ``chief
elected official'' means--
(A) the chief elected executive officer of a
unit of general local government in a local
area; and
(B) in a case in which a local area includes
more than 1 unit of general local government,
the individuals designated under the agreement
described in section 107(c)(1)(B).
(9) 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).
(10) Community-based organization.--The term
``community-based organization'' means a private
nonprofit organization (which may include a faith-based
organization), that is representative of a community or
a significant segment of a community and that has
demonstrated expertise and effectiveness in the field
of workforce development.
(11) Competitive integrated employment.--The term
``competitive integrated employment'' has the meaning
given the term in section 7 of the Rehabilitation Act
of 1973 (29 U.S.C. 705), for individuals with
disabilities.
(12) Core program.--The term ``core programs'' means
a program authorized under a core program provision.
(13) Core program provision.--The term ``core program
provision'' means--
(A) chapters 2 and 3 of subtitle B of title I
(relating to youth workforce investment
activities and adult and dislocated worker
employment and training activities);
(B) title II (relating to adult education and
literacy activities);
(C) sections 1 through 13 of the Wagner-
Peyser Act (29 U.S.C. 49 et seq.) (relating to
employment services); and
(D) title I of the Rehabilitation Act of 1973
(29 U.S.C. 720 et seq.), other than section 112
or part C of that title (29 U.S.C. 732, 741)
(relating to vocational rehabilitation
services).
[(14) Customized training.--The term ``customized
training'' means training--
[(A) that is designed to meet the specific
requirements of an employer (including a group
of employers);
[(B) that is conducted with a commitment by
the employer to employ an individual upon
successful completion of the training; and
[(C) for which the employer pays--
[(i) a significant portion of the
cost of training, as determined by the
local board involved, taking into
account the size of the employer and
such other factors as the local board
determines to be appropriate, which may
include the number of employees
participating in training, wage and
benefit levels of those employees (at
present and anticipated upon completion
of the training), relation of the
training to the competitiveness of a
participant, and other employer-
provided training and advancement
opportunities; and
[(ii) in the case of customized
training (as defined in subparagraphs
(A) and (B)) involving an employer
located in multiple local areas in the
State, a significant portion of the
cost of the training, as determined by
the Governor of the State, taking into
account the size of the employer and
such other factors as the Governor
determines to be appropriate.]
(14) Digital literacy skills.--The term ``digital
literacy skills'' has the meaning given the term in
section 203.
(15) Dislocated worker.--The term ``dislocated
worker'' means an individual who--
(A)(i) has been terminated or laid off, or
who has received a notice of termination or
layoff, from employment;
(ii)(I) is eligible for or has exhausted
entitlement to unemployment compensation; or
(II) has been employed for a duration
sufficient to demonstrate, to the
appropriate entity at a one-stop center
referred to in section 121(e),
attachment to the workforce, but is not
eligible for unemployment compensation
due to insufficient earnings or having
performed services for an employer that
were not covered under a State
unemployment compensation law; and
(iii) is unlikely to return to a previous
industry or occupation;
(B)(i) has been terminated or laid off, or
has received a notice of termination or layoff,
from employment as a result of any permanent
closure of, or any substantial layoff at, a
plant, facility, or enterprise;
(ii) is employed at a facility at which the
employer has made a general announcement that
such facility will close within 180 days; or
(iii) for purposes of eligibility to receive
services other than training services described
in section 134(c)(3), career services described
in section 134(c)(2)(A)(xii), or supportive
services, is employed at a facility at which
the employer has made a general announcement
that such facility will close;
(C) was self-employed (including employment
as a farmer, a rancher, or a fisherman) but is
unemployed as a result of general economic
conditions in the community in which the
individual resides or because of natural
disasters;
(D) is a displaced homemaker; or
(E)(i) is the spouse of a member of the Armed
Forces on active duty (as defined in section
101(d)(1) of title 10, United States Code), and
who has experienced a loss of employment as a
direct result of relocation to accommodate a
permanent change in duty station of such
member; or
(ii) is the spouse of a member of the Armed
Forces on active duty and [who meets the
criteria described in paragraph (16)(B)] who
meets the criteria described in subparagraph
(B) of the definition of the term ``displaced
homemaker'' in this section.
(16) Displaced homemaker.--The term ``displaced
homemaker'' means an individual who has been providing
unpaid services to [family members] a family member in
the home and who--
(A)(i) has been dependent on the income of
another family member but is no longer
supported by that income; or
(ii) is the dependent spouse of a member of
the Armed Forces on active duty (as defined in
section 101(d)(1) of title 10, United States
Code) and whose family income is significantly
reduced because of a deployment (as defined in
section 991(b) of title 10, United States Code,
or pursuant to paragraph (4) of such section),
a call or order to active duty pursuant to a
provision of law referred to in section
101(a)(13)(B) of title 10, United States Code,
a permanent change of station, or the service-
connected (as defined in section 101(16) of
title 38, United States Code) death or
disability of the member; and
(B) is unemployed or underemployed and is
experiencing difficulty in obtaining or
upgrading employment.
(17) Economic development agency.--The term
``economic development agency'' includes a local
planning or zoning commission or board, a community
development agency, or another local agency or
institution responsible for regulating, promoting, or
assisting in local economic development.
(18) Eligible youth.--Except as provided in subtitles
C and D of title I, the term ``eligible youth'' means
an in-school youth or [out-of-school] opportunity
youth.
(19) 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.
[(19)] (20) Employment and training activity.--The
term ``employment and training activity'' means an
activity described in section 134 that is carried out
for an adult or dislocated worker.
[(20)] (21) English language acquisition program.--
The term ``English language acquisition program'' has
the meaning given the term in section 203.
[(21)] (22) English [language] learner.--The term
``English [language] learner'' has the meaning given
the term in section 203.
(23) Evidence-based.--The term ``evidence-based'',
when used with respect to an activity, service,
strategy, or intervention, means an activity, service,
strategy, or intervention that--
(A) demonstrates a statistically significant
effect on improving participant outcomes or
other relevant outcomes based on--
(i) strong evidence from at least 1
well-designed and well-implemented
experimental study;
(ii) moderate evidence from at least
1 well-designed and well-implemented
quasi-experimental study; or
(iii) promising evidence from at
least 1 well-designed and well-
implemented correlational study with
statistical controls for selection
bias; or
(B)(i) demonstrates a rationale based on
high-quality research findings or positive
evaluation that such activity, strategy, or
intervention is likely to improve student
outcomes or other relevant outcomes; and
(ii) includes ongoing efforts to examine the
effects of such activity, service, strategy, or
intervention.
(24) 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.
[(22)] (25) Governor.--The term ``Governor'' means
the chief executive of a State or an outlying area.
[(23)] (26) In-demand industry sector or
occupation.--
(A) In general.--The term ``in-demand
industry sector or occupation'' means--
(i) an industry sector that has a
substantial current or potential impact
(including through jobs that lead to
economic self-sufficiency and
opportunities for advancement) on the
State, regional, or local economy, as
appropriate, and that contributes to
the growth or stability of other
supporting businesses, or the growth of
other industry sectors; or
(ii) an occupation that currently has
or is projected to have a number of
positions (including positions that
lead to economic self-sufficiency and
opportunities for advancement) in an
industry sector so as to have a
significant impact on the State,
regional, or local economy, as
appropriate.
(B) Determination.--The determination of
whether an industry sector or occupation is in-
demand under this paragraph shall be made by
the State board or local board, as appropriate,
using State and regional business and labor
market projections, including the use of labor
market information.
[(24)] (27) Individual with a barrier to
employment.--The term ``individual with a barrier to
employment'' means a member of 1 or more of the
following populations:
(A) Displaced homemakers.
(B) Low-income individuals.
(C) Indians, Alaska Natives, and Native
Hawaiians, as such terms are defined in section
166.
(D) Individuals with disabilities, including
youth who are individuals with disabilities.
(E) Older individuals.
[(F) Ex-offenders.]
(F) Justice-involved individuals.
(G) Homeless individuals (as defined in
section 41403(6) of the Violence Against Women
Act of 1994 (42 U.S.C. 14043e-2(6))), or
homeless children and youths (as defined in
section 725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2))).
(H) Youth who are in or have aged out of the
foster care system.
(I) Individuals who are English [language]
learners, individuals who have low levels of
literacy, and individuals facing substantial
cultural barriers.
(J) Eligible migrant and seasonal
farmworkers, as defined in section 167(i).
(K) Individuals within 2 years of exhausting
lifetime eligibility under part A of title IV
of the Social Security Act (42 U.S.C. 601 et
seq.).
(L) Single parents (including single pregnant
women).
(M) Long-term unemployed individuals.
(N) Such other groups as the Governor
involved determines to have barriers to
employment.
[(25)] (28) Individual with a disability.--
(A) In General.--The term ``individual with a
disability'' means an individual with a
disability as defined in section 3 of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12102).
(B) Individuals with disabilities.--The term
``individuals with disabilities'' means more
than 1 individual with a disability.
[(26)] (29) Industry or sector partnership.--The term
``industry or sector partnership'' means a workforce
collaborative, convened by or acting in partnership
with a State board or local board, that--
(A) organizes key stakeholders in an industry
cluster into a working group that focuses on
the shared goals and human resources needs of
the industry cluster and that includes, at the
appropriate stage of development of the
partnership--
(i) representatives of multiple
businesses or other employers in the
industry cluster, including small and
medium-sized employers when
practicable;
(ii) 1 or more representatives of a
recognized State labor organization or
central labor council, or another labor
representative, as appropriate; and
(iii) 1 or more representatives of an
institution of higher education with,
or another provider of, education or
training programs that support the
industry cluster; and
(B) may include representatives of--
(i) State or local government;
(ii) State or local economic
development agencies;
(iii) State boards or local boards,
as appropriate;
(iv) a State workforce agency or
other entity providing employment
services;
(v) other State or local agencies;
(vi) business or trade associations;
(vii) economic development
organizations;
(viii) nonprofit organizations,
community-based organizations, or
intermediaries;
(ix) philanthropic organizations;
(x) industry associations; and
(xi) other organizations, as
determined to be necessary by the
members comprising the industry or
sector partnership.
[(27)] (30) In-school youth.--The term ``in-school
youth'' means a youth described in section
129(a)(1)(C).
[(28)] (31) Institution of higher education.--The
term ``institution of higher education'' has the
meaning given the term in section 101, and
subparagraphs (A) and (B) of section 102(a)(1), of the
Higher Education Act of 1965 (20 U.S.C. 1001,
1002(a)(1)).
[(29)] (32) Integrated education and training.--The
term ``integrated education and training'' has the
meaning given the term in section 203.
[(38) Offender.--] (33) Justice-involved individual._
._The term ``[offender] justice-involved individual''
means an adult or juvenile--
(A) who is or has been subject to any stage
of the criminal justice process, and for whom
services under this Act may be beneficial; or
(B) who requires assistance in overcoming
artificial barriers to employment resulting
from a record of arrest or conviction.
[(30)] (34) Labor market area.--The term ``labor
market area'' means an economically integrated
geographic area within which individuals can reside and
find employment within a reasonable distance or can
readily change employment without changing their place
of residence. Such an area shall be identified in
accordance with criteria used by the Bureau of Labor
Statistics of the Department of Labor in defining such
areas or similar criteria established by a Governor.
(35) 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)).
[(31)] (36) Literacy.--The term ``literacy'' has the
meaning given the term in section 203.
[(32)] (37) Local area.--The term ``local area''
means a local workforce investment area designated
under section 106, subject to sections 106(c)(3)(A),
107(c)(4)(B)(i), and 189(i).
[(33)] (38) Local board.--The term ``local board''
means a local workforce development board established
under section 107, subject to section 107(c)(4)(B)(i).
[(34)] (39) Local educational agency.--The term
``local educational agency'' has the meaning given the
term in section 8101 of the Elementaryand Secondary
Education Act of 1965.
[(35)] (40) Local plan.--The term ``local plan''
means a plan submitted under section 108, subject to
section 106(c)(3)(B).
[(36)] (41) Low-income individual.--
(A) In general.--The term ``low-income
individual'' means an individual who--
(i) receives, or in the past 6 months
has received, or is a member of a
family that is receiving or in the past
6 months has received, assistance
through the supplemental nutrition
assistance program established under
the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.), the program of
block grants to States for temporary
assistance for needy families program
under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.),
or the supplemental security income
program established under title XVI of
the Social Security Act (42 U.S.C. 1381
et seq.), or State or local income-
based public assistance;
(ii) is in a family with total family
income that does not exceed the higher
of--
(I) the poverty line; or
(II) 70 percent of the lower
living standard income level;
(iii) is a homeless individual (as
defined in section 41403(6) of the
Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), or a homeless
child or youth (as defined under
section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C.
11434a(2)));
(iv) receives or is eligible to
receive a free or reduced price lunch
under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et
seq.);
(v) is a foster child on behalf of
whom State or local government payments
are made; or
(vi) is an individual with a
disability whose own income meets the
income requirement of clause (ii), but
who is a member of a family whose
income does not meet this requirement.
(B) Lower living standard income level.--The
term ``lower living standard income level''
means that income level (adjusted for regional,
metropolitan, urban, and rural differences and
family size) determined annually by the
Secretary of Labor based on the most recent
lower living family budget issued by the
Secretary.
[(37)] (42) Nontraditional employment.--The term
``nontraditional employment'' refers to occupations or
fields of work, for which individuals from the gender
involved comprise less than 25 percent of the
individuals employed in each such occupation or field
of work.
[(39)] (43) Older individual.--The term ``older
individual'' means an individual age 55 or older.
[(40)] (44) One-stop center.--The term ``one-stop
center'' means a site described in section 121(e)(2).
[(41)] (45) One-stop operator.--The term ``one-stop
operator'' means 1 or more entities designated or
certified under section 121(d).
[(42)] (46) One-stop partner.--The term ``one-stop
partner'' means--
(A) an entity described in section 121(b)(1);
and
(B) an entity described in section 121(b)(2)
that is participating, with the approval of the
local board and chief elected official, in the
operation of a one-stop delivery system.
[(43)] (47) One-stop partner program.--The term
``one-stop partner program'' means a program or
activities described in section 121(b) of a one-stop
partner.
[(44)] (48) On-the-job training.--The term ``on-the-
job training'' means training by an employer that is
provided to a paid participant while engaged in
productive work in a job that--
(A) provides knowledge or skills essential to
the full and adequate performance of the job;
(B) is made available through a program that
provides reimbursement to the employer of up to
50 percent of the wage rate of the participant,
except as provided in section 134(c)(3)(H), for
the extraordinary costs of providing the
training and additional supervision related to
the training; and
(C) is limited in duration as appropriate to
the occupation for which the participant is
being trained, taking into account the content
of the training, the prior work experience of
the participant, and the service strategy of
the participant, as appropriate.
[(46) Out-of-school] (49) Opportunity youth.--The
term ``[out-of-school] opportunity youth'' means a
youth described in section 129(a)(1)(B).
[(45)] (50) Outlying area.--The term ``outlying
area'' means--
(A) American Samoa, Guam, the Commonwealth of
the Northern Mariana Islands, and the United
States Virgin Islands; and
(B) the Republic of Palau, except during any
period for which the Secretary of Labor and the
Secretary of Education determine that a Compact
of Free Association is in effect and contains
provisions for training and education
assistance prohibiting the assistance provided
under this Act.
[(47) Pay-for-performance contract strategy.--The
term ``pay-for-performance contract strategy'' means a
procurement strategy that uses pay-for-performance
contracts in the provision of training services
described in section 134(c)(3) or activities described
in section 129(c)(2), and includes--
[(A) contracts, each of which 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
training provider, that is eligible under
section 122 or 123, as appropriate) 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, and which may provide for bonus
payments to such service provider to expand
capacity to provide effective training;
[(B) a strategy for independently 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).]
(51) 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 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).
[(48)] (52) Planning region.--The term ``planning
region'' means a region described in subparagraph (B)
or (C) of section 106(a)(2), subject to section
107(c)(4)(B)(i).
[(49)] (53) Poverty line.--The term ``poverty line''
means the poverty line (as defined by the Office of
Management and Budget, and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
[(50)] (54) Public assistance.--The term ``public
assistance'' means Federal, State, or local government
cash payments for which eligibility is determined by a
needs or income test.
[(51)] (55) Rapid response activity.--The term
``rapid response activity'' means an activity provided
by a State, or by an entity designated by a State,
through a rapid response unit, with funds provided by
the State under section 134(a)(1)(A), in the case of a
permanent closure or mass layoff at a plant, facility,
or enterprise, or a natural or other disaster, that
results in mass job dislocation, in order to assist
dislocated workers in obtaining reemployment as soon as
possible, with services including--
(A) the establishment of onsite contact with
employers and employee representatives--
(i) immediately after the State is
notified of a current or projected
permanent closure or mass layoff; or
(ii) in the case of a disaster,
immediately after the State is made
aware of mass job dislocation as a
result of such disaster;
(B) the provision of information on and
access to available employment and training
activities, 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);
(C) assistance in establishing a labor-
management committee, voluntarily agreed to by
labor and management, with the ability to
devise and implement a strategy for assessing
the employment and training needs of dislocated
workers and obtaining services to meet such
needs;
(D) the provision of emergency assistance
adapted to the particular closure, layoff, or
disaster; [and]
(E) assistance in identifying employees
eligible for assistance, including workers who
work a majority of their time off-site or
remotely;
[(E)] (F) the provision of assistance to the
local community in developing a coordinated
response and in obtaining access to State
economic development assistance[.]; and
(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.
[(52)] (56) Recognized postsecondary credential.--The
term ``recognized postsecondary credential'' means a
credential consisting of an industry-recognized
certificate or certification, a certificate of
completion of an apprenticeship, a license recognized
by the State involved or Federal Government, or an
associate or baccalaureate degree.
[(53)] (57) Region.--The term ``region'', used
without further description, means a region identified
under section 106(a), subject to section
107(c)(4)(B)(i) and except as provided in section
106(b)(1)(B)(ii).
[(54)] (58) School dropout.--The term ``school
dropout'' means an individual who is no longer
attending any school and who has not received a
secondary school diploma or its recognized equivalent.
[(55)] (59) Secondary school.--The term ``secondary
school'' has the meaning given the term in section 8101
of the Elementaryand Secondary Education Act of 1965.
[(56)] (60) State.--The term ``State'' means each of
the several States of the United States, the District
of Columbia, and the Commonwealth of Puerto Rico.
[(57)] (61) State board.--The term ``State board''
means a State workforce development board established
under section 101.
[(58)] (62) State plan.--The term ``State plan'',
used without further description, means a unified State
plan under section 102 or a combined State plan under
section 103.
[(59)] (63) Supportive services.--The term
``supportive services'' means services such as
transportation, child care, dependent care, housing,
and needs-related payments, that are necessary to
enable an individual to participate in activities
authorized under this Act.
[(60)] (64) Training services.--The term ``training
services'' means services described in section
134(c)(3).
[(61)] (65) Unemployed individual.--The term
``unemployed individual'' means an individual who is
without a job and who wants and is available for work.
The determination of whether an individual is without a
job, for purposes of this paragraph, shall be made in
accordance with the criteria used by the Bureau of
Labor Statistics of the Department of Labor in defining
individuals as unemployed.
[(62)] (66) Unit of general local government.--The
term ``unit of general local government'' means any
general purpose political subdivision of a State that
has the power to levy taxes and spend funds, as well as
general corporate and police powers.
[(63)] (67) Veteran; related definition.--
(A) Veteran.--The term ``veteran'' has the
meaning given the term in section 101 of title
38, United States Code.
(B) Recently separated veteran.--The term
``recently separated veteran'' means any
veteran who applies for participation under
this Act within 48 months after the discharge
or release from active military, naval, or air
service.
[(64)] (68) Vocational rehabilitation program.--The
term ``vocational rehabilitation program'' means a
program authorized [under a provision covered under
paragraph (13)(D)] under a provision covered under
subparagraph (D) of the definition of the term ``core
program provision'' under this section.
(69) 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).
[(65)] (70) Workforce development activity.--The term
``workforce development activity'' means an activity
carried out through a workforce development program.
[(66)] (71) Workforce development program.--The term
``workforce development program'' means a program made
available through a workforce development system.
[(67)] (72) Workforce development system.--The term
``workforce development system'' means a system that
makes available the core programs, the other one-stop
partner programs, and any other programs providing
employment and training services as identified by a
State board or local board.
[(68)] (73) Workforce investment activity.--The term
``workforce investment activity'' means an employment
and training activity, and a youth workforce investment
activity.
[(69)] (74) Workforce preparation activities.--The
term ``workforce preparation activities'' has the
meaning given the term in section 203.
[(70)] (75) Workplace learning advisor.--The term
``workplace learning advisor'' means an individual
employed by an organization who has the knowledge and
skills necessary to advise other employees of that
organization about the education, skill development,
job training, career counseling services, and
credentials, including services provided through the
workforce development system, required to progress
toward career goals of such employees in order to meet
employer requirements related to job openings and
career advancements that support economic self-
sufficiency.
[(71)] (76) Youth workforce investment activity.--The
term ``youth workforce investment activity'' means an
activity described in section 129 that is carried out
for eligible youth (or as described in section
129(a)(3)(A)).
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--System Alignment
CHAPTER 1--STATE PROVISIONS
SEC. 101. STATE WORKFORCE DEVELOPMENT BOARDS.
(a) In general.--The Governor of a State shall establish a
State workforce development board to carry out the functions
described in subsection (d).
(b) Membership.--
(1) In general.--The State board shall include--
(A) the Governor;
(B) a member of each chamber of the State
legislature (to the extent consistent with
State law), appointed by the appropriate
presiding officers of such chamber; and
(C) members appointed by the Governor, of
which--
(i) a majority shall be
representatives of businesses in the
State, who--
(I) are owners of businesses,
chief executives or operating
officers of businesses, or
other business executives or
employers with optimum
policymaking or hiring
authority, and who, in
addition, may be members of a
local board described in
section 107(b)(2)(A)(i);
(II) represent businesses
(including small businesses),
or organizations representing
businesses described in this
subclause, that provide
employment opportunities that,
at a minimum, include high-
quality, work-relevant training
and development in in-demand
industry sectors or occupations
in the State; and
(III) are appointed from
among individuals nominated by
State business organizations
and business trade
associations;
(ii) not less than 20 percent shall
be representatives of the workforce
within the State, who--
(I) shall include
representatives of labor
organizations, who have been
nominated by State labor
federations;
(II) shall include a
representative, who shall be a
member of a labor organization
or a training director, from a
joint labor-management
apprenticeship program, or if
no such joint program exists in
the State, such a
representative of an
apprenticeship program in the
State;
(III) may include
representatives of community-
based organizations that have
demonstrated experience and
expertise in addressing the
employment, training, or
education needs of individuals
with barriers to employment,
including organizations that
serve veterans or that provide
or support competitive,
integrated employment for
individuals with disabilities;
and
(IV) may include
representatives of
organizations that have
demonstrated experience and
expertise in addressing the
employment, training, or
education needs of eligible
youth, including
representatives of
organizations that serve [out-
of-school youth] opportunity
youth; and
(iii) the balance--
(I) shall include
representatives of government,
who--
(aa) shall include
the lead State
officials with primary
responsibility for the
core programs; and
(bb) shall include
chief elected officials
(collectively
representing both
cities and counties,
where appropriate); and
(II) may include such other
representatives and officials
as the Governor may designate,
such as--
(aa) the State agency
officials from agencies
that are one-stop
partners not specified
in subclause (I)
(including additional
one-stop partners whose
programs are covered by
the State plan, if
any);
(bb) State agency
officials responsible
for economic
development or juvenile
justice programs in the
State;
(cc) individuals who
represent an Indian
tribe or tribal
organization, as such
terms are defined in
section 166(b); and
(dd) State agency
officials responsible
for education programs
in the State, including
chief executive
officers of community
colleges and other
institutions of higher
education.
(2) Diverse and distinct representation.--The members
of the State board shall represent diverse geographic
areas of the State, including urban, rural, and
suburban areas.
(3) No representation of multiple categories.--No
person shall serve as a member for more than 1 of--
(A) the category described in paragraph
(1)(C)(i); or
(B) 1 category described in a subclause of
clause (ii) or (iii) of paragraph (1)(C).
(c) Chairperson.--The Governor shall select a chairperson for
the State board from among the representatives described in
subsection (b)(1)(C)(i).
(d) Functions.--The State board shall assist the Governor
in--
(1) the development, implementation, and modification
of the State plan;
(2) consistent with paragraph (1), the review of
statewide policies, of statewide programs, and of
recommendations on actions that should be taken by the
State to align workforce development programs in the
State in a manner that supports a comprehensive and
streamlined workforce development system in the State,
including the review and provision of comments on the
State plans, if any, for programs and activities of
one-stop partners that are not core programs;
(3) the development and continuous improvement of the
workforce development system in the State, including--
(A) the identification of barriers and means
for removing barriers to better coordinate,
align, and avoid duplication among the programs
and activities carried out through the system;
(B) the development of strategies to support
the use of career pathways for the purpose of
providing individuals, including low-skilled
adults, youth, and individuals with barriers to
employment (including individuals with
disabilities), with workforce investment
activities, education, and supportive services
to enter or retain employment;
(C) the development of strategies for
providing effective outreach to and improved
access for individuals and employers who could
benefit from services provided through the
workforce development system;
(D) the development and expansion of
strategies for meeting the needs of employers,
workers, and jobseekers, particularly through
industry or sector partnerships related to in-
demand industry sectors and occupations;
(E) the identification of regions, including
planning regions, for the purposes of section
106(a), and the designation of local areas
under section 106, after consultation with
local boards and chief elected officials;
(F) the development and continuous
improvement of the one-stop delivery system in
local areas, including providing assistance to
local boards, one-stop operators, one-stop
partners, and providers with planning and
delivering services, including training
services and supportive services, to support
effective delivery of services to workers,
jobseekers, and employers; and
(G) the development of strategies to support
staff training and awareness across programs
supported under the workforce development
system;
(4) the development and updating of comprehensive
State performance accountability measures, including
State adjusted levels of performance, to assess the
effectiveness of the core programs in the State as
required under section 116(b);
(5) the identification and dissemination of
information on best practices, including best practices
for--
(A) the effective operation of one-stop
centers, relating to the use of business
outreach, partnerships, and service delivery
strategies, including strategies for serving
individuals with barriers to employment;
(B) the development of effective local
boards, which may include information on
factors that contribute to enabling local
boards to exceed negotiated local levels of
performance, sustain fiscal integrity, and
achieve other measures of effectiveness; and
(C) effective training programs that respond
to real-time labor market analysis, that
effectively use direct assessment and prior
learning assessment to measure an individual's
prior knowledge, skills, competencies, and
experiences, and that evaluate such skills, and
competencies for adaptability, to support
efficient placement into employment or career
pathways;
(6) the development and review of statewide policies
affecting the coordinated provision of services through
the State's one-stop delivery system described in
section 121(e), including the development of--
(A) objective criteria and procedures for use
by local boards in assessing the effectiveness
and continuous improvement of one-stop centers
described in such section;
(B) guidance for the allocation of one-stop
center infrastructure funds under section
121(h); and
(C) policies relating to the appropriate
roles and contributions of entities carrying
out one-stop partner programs within the one-
stop delivery system, including approaches to
facilitating equitable and efficient cost
allocation in such system;
(7) the development of strategies for technological
improvements to facilitate access to, and improve the
quality of, services and activities provided through
the one-stop delivery system, including such
improvements to--
(A) enhance digital literacy skills (as
defined in section 202 of the Museum and
Library Services Act (20 U.S.C. 9101); referred
to in this Act as ``digital literacy skills'');
(B) accelerate the acquisition of skills and
recognized postsecondary credentials by
participants;
(C) strengthen the professional development
of providers and workforce professionals; and
(D) ensure such technology is accessible to
individuals with disabilities and individuals
residing in remote areas;
(8) the development of strategies for aligning
technology and data systems across one-stop partner
programs to enhance service delivery and improve
efficiencies in reporting on performance accountability
measures (including the design and implementation of
common intake, data collection, case management
information, and performance accountability measurement
and reporting processes and the incorporation of local
input into such design and implementation, to improve
coordination of services across one-stop partner
programs);
(9) the development of allocation formulas for the
distribution of funds for employment and training
activities for adults, and youth workforce investment
activities, to local areas as permitted under sections
128(b)(3) and 133(b)(3);
(10) the preparation of the annual reports described
in paragraphs (1) and (2) of section 116(d);
(11) the development of the statewide workforce and
labor market information system described in section
15(e) of the Wagner-Peyser Act (29 U.S.C. 49l-2(e));
and
(12) the development of such other policies as may
promote statewide objectives for, and enhance the
performance of, the workforce development system in the
State.
(e) Alternative Entity.--
(1) In general.--For the purposes of complying with
subsections (a), (b), and (c), a State may use any
State entity (including a State council, State
workforce development board (within the meaning of the
Workforce Investment Act of 1998, as in effect on the
day before the date of enactment of this Act),
combination of regional workforce development boards,
or similar entity) that--
(A) was in existence on the day before the
date of enactment of the Workforce Investment
Act of 1998;
(B) is substantially similar to the State
board described in subsections (a) through (c);
and
(C) includes representatives of business in
the State and representatives of labor
organizations in the State.
(2) References.--A reference in this Act, or a core
program provision that is not in this Act, to a State
board shall be considered to include such an entity.
(f) Conflict of Interest.--A member of a State board may
not--
(1) vote on a matter under consideration by the State
board--
(A) regarding the provision of services by
such member (or by an entity that such member
represents); or
(B) that would provide direct financial
benefit to such member or the immediate family
of such member; or
(2) engage in any other activity determined by the
Governor to constitute a conflict of interest as
specified in the State plan.
(g) Sunshine Provision.--The State board shall make available
to the public, on a regular basis through electronic means and
open meetings, information regarding the activities of the
State board, including information regarding the State plan, or
a modification to the State plan, prior to submission of the
plan or modification of the plan, respectively, information
regarding membership, and, on request, minutes of formal
meetings of the State board.
(h) Authority To Hire Staff.--
(1) In general.--The State board may hire a director
and other staff to assist in carrying out the functions
described in subsection (d) using funds available as
described in section 129(b)(3) or 134(a)(3)(B)(i).
(2) Qualifications.--The State board shall establish
and apply a set of objective qualifications for the
position of director, that ensures that the individual
selected has the requisite knowledge, skills, and
abilities, to meet identified benchmarks and to assist
in effectively carrying out the functions of the State
board.
(3) Limitation on rate.--The director and staff
described in paragraph (1) shall be subject to the
limitations on the payment of salary and bonuses
described in section 194(15).
SEC. 102. UNIFIED STATE PLAN.
(a) Plan.--For a State to be eligible to receive allotments
for the core programs, the Governor shall submit to the
Secretary of Labor for the approval process described under
subsection (c)(2), a unified State plan. The unified State plan
shall outline a 4-year strategy for the core programs of the
State and meet the requirements of this section.
(b) Contents.--
(1) Strategic planning elements.--The unified State
plan shall include strategic planning elements
consisting of a strategic vision and goals for
preparing an educated and skilled workforce, that
include--
(A) an analysis of the economic conditions in
the State, including--
(i) existing and emerging in-demand
industry sectors and occupations; and
(ii) the employment needs of
employers, including a description of
the knowledge, skills, and abilities,
needed in those industries and
occupations;
(B) an analysis of the current workforce,
employment and unemployment data, labor market
trends, and the educational and skill levels of
the workforce, including individuals with
barriers to employment (including individuals
with disabilities), in the State;
(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;
[(C)] (D) an analysis of the workforce
development activities (including education and
training) in the State, including an analysis
of the strengths and weaknesses of such
activities, the extent to which such activities
are evidence-based, and the capacity of State
entities to provide such activities, in order
to address the identified education and skill
needs of the workforce and the employment needs
of employers in the State;
[(D)] (E) a description of the State's
strategic vision and goals for preparing an
educated and skilled workforce (including
preparing youth and individuals with barriers
to employment) and for meeting the skilled
workforce needs of employers, including goals
relating to performance accountability measures
based on primary indicators of performance
described in section 116(b)(2)(A), in order to
support economic growth and economic self-
sufficiency, and of how the State will assess
the overall effectiveness of the workforce
investment system in the State; [and]
[(E)] (F) taking into account analyses
described in subparagraphs (A) through (C), a
strategy for aligning the core programs, as
well as other resources available to the State,
to achieve the strategic vision and goals
described in subparagraph (D)[.];
(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).
(2) Operational planning elements.--
(A) In general.--The unified State plan shall
include the operational planning elements
contained in this paragraph, which shall
support the strategy described in paragraph
(1)(E), including a description of how the
State board will implement the functions under
section 101(d).
(B) Implementation of state strategy.--The
unified State plan shall describe how the lead
State agency with responsibility for the
administration of a core program will implement
the strategy described in paragraph (1)(E),
[including a description] which may include a
description of--
(i) the activities that will be
funded by the entities carrying out the
respective core programs to implement
the strategy and how such activities
will be aligned across the programs and
among the entities administering the
programs, including using co-enrollment
and other strategies;
(ii) how the activities described in
clause (i) will be aligned with
activities provided under employment,
training, education, including career
and technical education, and human
services programs not covered by the
plan, as appropriate, assuring
coordination of, and avoiding
duplication among, the activities
referred to in this clause;
(iii) how the entities carrying out
the respective core programs will
coordinate activities and provide
comprehensive, high-quality services
including supportive services, to
individuals;
(iv) how the State's strategy will
engage the State's community colleges
and area career and technical education
schools as partners in the workforce
development system and enable the State
to leverage other Federal, State, and
local investments that have enhanced
access to workforce development
programs at those institutions;
(v) how the activities described in
clause (i) will be coordinated with
economic development strategies and
activities in the State; and
(vi) how the State's strategy will
improve access to activities leading to
a recognized postsecondary credential
(including a credential that is an
industry-recognized certificate or
certification, portable, and
stackable).
(C) State operating systems and policies.--
The unified State plan shall describe the State
operating systems and policies that will
support the implementation of the strategy
described in paragraph (1)(E), including a
description of--
(i) the State board, including the
activities to assist members of the
State board and the staff of such board
in carrying out the functions of the
State board effectively (but funds for
such activities may not be used for
long-distance travel expenses for
training or development activities
available locally or regionally);
(ii)(I) how the respective core
programs will be assessed each year,
utilizing a continuous quality
improvement approach, including an
assessment of the quality,
effectiveness, and improvement of
programs (analyzed by local area, or by
provider), based on State performance
accountability measures described in
section 116(b); and
(II) how other one-stop partner
programs will be assessed each year;
(iii) the results of an assessment of
the effectiveness of the core programs
and other one-stop partner programs
during the preceding 2-year period;
(iv) the methods and factors the
State will use in distributing funds
under the core programs, in accordance
with the provisions authorizing such
distributions;
(v)(I) how the lead State agencies
with responsibility for the
administration of the core programs
will align and integrate available
workforce and education data on core
programs, unemployment insurance
programs, and education through
postsecondary education;
(II) how such agencies will use the
workforce development system to assess
the progress of participants that are
exiting from core programs in entering,
persisting in, and completing
postsecondary education, or entering or
remaining in employment; and
(III) the privacy safeguards
incorporated in such system, including
safeguards required by section 444 of
the General Education Provisions Act
(20 U.S.C. 1232g) and other applicable
Federal laws;
(vi) how the State will implement the
priority of service provisions for
veterans in accordance with the
requirements of section 4215 of title
38, United States Code; and
(vii) how the one-stop delivery
system, including one-stop operators
and the one-stop partners, will comply
with section 188, if applicable, and
applicable provisions of the Americans
with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), regarding the
physical and programmatic accessibility
of facilities, programs, services,
technology, and materials, for
individuals with disabilities,
including complying through providing
staff training and support for
addressing the needs of individuals
with disabilities[; and].
[(viii) such other operational
planning elements as the Secretary of
Labor or the Secretary of Education, as
appropriate, determines to be necessary
for effective State operating systems
and policies.]
(D) Program-specific requirements.--The
unified State plan shall include--
(i) with respect to activities
carried out under subtitle B, a
description of--
(I) State policies or
guidance, for the statewide
workforce development system
and for use of State funds for
workforce investment
activities;
(II) the local areas
designated in the State,
including the process used for
designating local areas, and
the process used for
identifying [any] planning
regions under section 106(a),
including a description of how
the State consulted with the
local boards and chief elected
officials in determining the
planning regions;
(III) the appeals process
referred to in section
106(b)(6), relating to
designation of local areas;
(IV) the appeals process
referred to in section
121(h)(2)(E), relating to
determinations for
infrastructure funding; and
(V) with respect to youth
workforce investment activities
authorized in section 129,
information identifying the
criteria to be used by local
boards in awarding grants for
youth workforce investment
activities and describing how
the local boards will take into
consideration the ability of
the providers to meet
performance accountability
measures based on primary
indicators of performance for
the youth program as described
in section 116(b)(2)(A)(ii) in
awarding such grants;
(ii) with respect to activities
carried out under title II, a
description of--
(I) how the eligible agency
will, if applicable, align
content standards for adult
education with challenging
State academic standards, as
adopted under section
1111(b)(1) of the Elementary
and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(1));
(II) how the State will fund
local activities using
considerations specified in
section 231(e) for--
(aa) activities under
section 231(b);
(bb) programs for
corrections education
under section 225;
(cc) programs for
integrated English
literacy and civics
education under section
243; and
(dd) integrated
education and training;
(III) how the State will use
the funds to carry out
activities under section 223;
(IV) how the State will use
the funds to carry out
activities under section 243;
(V) how the eligible agency
will assess the quality of
providers of adult education
and literacy activities under
title II and take actions to
improve such quality, including
providing the activities
described in section
223(a)(1)(B);
(iii) with respect to programs
carried out under title I of the
Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.), other than section 112 or
part C of that title (29 U.S.C. 732,
741), the information described in
section 101(a) of that Act (29 U.S.C.
721(a)); and
(iv) information on such additional
specific requirements for a program
referenced in any of clauses (i)
through (iii) or the Wagner-Peyser Act
(29 U.S.C. 49 et seq.) as the Secretary
of Labor determines to be necessary to
administer that program but cannot
reasonably be applied across all such
programs.
(E) Assurances.--The unified State plan shall
include assurances--
(i) that the State has established a
policy identifying circumstances that
may present a conflict of interest for
a State board or local board member, or
the entity or class of officials that
the member represents, and procedures
to resolve such conflicts;
(ii) that the State has established a
policy to provide to the public
(including individuals with
disabilities) access to meetings of
State boards and local boards, and
information regarding activities of
State boards and local boards, such as
data on board membership and minutes;
(iii)(I) that the lead State agencies
with responsibility for the
administration of core programs
reviewed and commented on the
appropriate operational planning
elements of the unified State plan, and
approved the elements as serving the
needs of the populations served by such
programs; and
(II) that the State obtained input
into the development of the unified
State plan and provided an opportunity
for comment on the plan by
representatives of local boards and
chief elected officials, businesses,
labor organizations, institutions of
higher education, other primary
stakeholders, and the general public
and that the unified State plan is
available and accessible to the general
public;
(iv) that the State has established,
in accordance with section 116(i),
fiscal control and fund accounting
procedures that may be necessary to
ensure the proper disbursement of, and
accounting for, funds paid to the State
through allotments made for adult,
dislocated worker, and youth programs
to carry out workforce investment
activities under chapters 2 and 3 of
subtitle B;
(v) that the State has taken
appropriate action to secure compliance
with uniform administrative
requirements in this Act, including
that the State will annually monitor
local areas to ensure compliance and
otherwise take appropriate action to
secure compliance with the uniform
administrative requirements under
section 184(a)(3);
(vi) that the State has taken the
appropriate action to be in compliance
with section 188, if applicable;
(vii) that the Federal funds received
to carry out a core program will not be
expended for any purpose other than for
activities authorized with respect to
such funds under that core program;
(viii) that the eligible agency under
title II will--
(I) expend the funds
appropriated to carry out that
title only in a manner
consistent with fiscal
requirements under section
241(a) (regarding supplement
and not supplant provisions);
and
(II) ensure that there is at
least 1 eligible provider
serving each local area; and
(ix) that the State will pay an
appropriate share (as defined by the
State board) of the costs of carrying
out section 116, from funds made
available through each of the core
programs[; and].
[(x) regarding such other matters as
the Secretary of Labor or the Secretary
of Education, as appropriate,
determines to be necessary for the
administration of the core programs.]
(3) Existing Analysis.--As appropriate, a State may
use an existing analysis in order to carry out the
requirements of paragraph (1) concerning an analysis.
(c) Plan Submission and Approval.--
(1) Submission.--
(A) Initial plan.--The initial unified State
plan under this section (after the date of
enactment of the Workforce Innovation and
Opportunity Act) shall be submitted to the
Secretary of Labor not later than 120 days
prior to the commencement of the second full
program year after the date of enactment of
this Act.
(B) Subsequent plans.--Except as provided in
subparagraph (A), a unified State plan shall be
submitted to the Secretary of Labor not later
than 120 days prior to the end of the 4-year
period covered by the preceding unified State
plan.
(2) Submission and approval.--
(A) Submission.--In approving a unified State
plan under this section, the Secretary shall
submit the portion of the unified State plan
covering a program or activity to the head of
the Federal agency that administers the program
or activity for the approval of such portion by
such head.
(B) Approval.--A unified State plan shall be
subject to the approval of both the Secretary
of Labor and the Secretary of Education, after
approval of the Commissioner of the
Rehabilitation Services Administration for the
portion of the plan described in subsection
(b)(2)(D)(iii). The plan shall be considered to
be approved at the end of the 90-day period
beginning on the day the plan is submitted,
unless the Secretary of Labor or the Secretary
of Education makes a written determination,
during the 90-day period, that the plan is
inconsistent with the provisions of this
section or the provisions authorizing the core
programs, as appropriate.
(3) Modifications.--
(A) Modifications.--At the end of the first
2-year period of any 4-year unified State plan,
the State board shall review the unified State
plan, and the Governor [shall] may submit
modifications to the plan to reflect changes in
labor market and economic conditions or in
other factors affecting the implementation of
the unified State plan.
(B) Approval.--A modified unified State plan
submitted for the review [required] under
subparagraph (A) shall be subject to the
approval requirements described in paragraph
(2). A Governor may submit a modified unified
State plan at such other times as the Governor
determines to be appropriate, and such modified
unified State plan shall also be subject to the
approval requirements described in paragraph
(2), 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.
(4) Early implementers.--The Secretary of Labor, in
conjunction with the Secretary of Education, shall
establish a process for approving and may approve
unified State plans that meet the requirements of this
section and are submitted to cover periods commencing
prior to the second full program year described in
paragraph (1)(A).
* * * * * * *
CHAPTER 2--LOCAL PROVISIONS
SEC. 106. WORKFORCE DEVELOPMENT AREAS.
(a) Regions.--
(1) Identification.--Before the second full program
year after the date of enactment of this 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 identify
regions in the State 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).
(2) Types of regions.--For purposes of this Act, the
State shall identify--
(A) which regions are comprised of 1 local
area that is aligned with the region;
(B) which regions are comprised of 2 or more
local areas that are (collectively) aligned
with the region (referred to as planning
regions, consistent with section 3); and
(C) which, of the regions described in
subparagraph (B), are interstate areas
contained within 2 or more States, and consist
of labor market areas, economic development
areas, or other appropriate contiguous subareas
of those States.
(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.--
(1) In general.--
(A) Process.--Except as provided in
subsection (d), [and consistent with paragraphs
(2) and (3),] in order for a State to receive
an allotment under section 127(b) or 132(b),
the Governor of the State shall designate local
workforce development areas within the State--
(i) through consultation with the
State board; and
(ii) after consultation with chief
elected officials and local boards, and
after consideration of comments
received through the public comment
process as described in section
102(b)(2)(E)(iii)(II).
(B) Considerations.--The Governor shall
designate local areas [(except for those local
areas described in paragraphs (2) and (3))]
based on considerations consisting of the
extent to which the areas--
(i) are consistent with labor market
areas in the State;
(ii) are consistent with regional
economic development areas in the
State; and
(iii) have available the Federal and
non-Federal resources necessary to
effectively administer activities under
subtitle B and other applicable
provisions of this Act, including
whether the areas have the appropriate
education and training providers, such
as institutions of higher education and
area career and technical education
schools.
[(2) Initial designation.--During the first 2 full
program years following the date of enactment of this
Act, the Governor shall approve a request for initial
designation as a local area from any area that was
designated as a local area for purposes of the
Workforce Investment Act of 1998 for the 2-year period
preceding the date of enactment of this Act, performed
successfully, and sustained fiscal integrity.
[(3) Subsequent designation.--After the period for
which a local area is initially designated under
paragraph (2), the Governor shall approve a request for
subsequent designation as a local area from such local
area, if such area--
[(A) performed successfully;
[(B) sustained fiscal integrity; and
[(C) in the case of a local area in a
planning region, met the requirements described
in subsection (c)(1).
[(4) Designation on recommendation of state board.--
The Governor may approve a request from any unit of
general local government (including a combination of
such units) for designation of an area as a local area
if the State board determines, based on the
considerations described in paragraph (1)(B), and
recommends to the Governor, that such area should be so
designated.
[(5) Areas served by rural concentrated employment
programs.--The Governor may approve, under paragraph
(2) or (3), a request for designation as a local area
from an area described in section 107(c)(1)(C).
[(6) Appeals.--A unit of general local government
(including a combination of such units) or grant
recipient that requests but is not granted designation
of an area as a local area under paragraph (2) or (3)
may submit an appeal to the State board under an appeal
process established in the State plan. If the appeal
does not result in such a designation, the Secretary of
Labor, after receiving a request for review from the
unit or grant recipient and on determining that the
unit or grant recipient was not accorded procedural
rights under the appeals process described in the State
plan, as specified in section 102(b)(2)(D)(i)(III), or
that the area meets the requirements of paragraph (2)
or (3), may require that the area be designated as a
local area under such paragraph.
[(7) Redesignation assistance.--On the request of all
of the local areas in a planning region, the State
shall provide funding from funds made available under
sections 128(a) and 133(a)(1) to assist the local areas
in carrying out activities to facilitate the
redesignation of the local areas to a single local
area.]
(2) Continuation period.--Subject to paragraph (5),
in order to receive an allotment under section 127(b)
or 132(b), the Governor shall maintain the designations
of local areas in the State under this subsection (as
in effect on the day before the date of enactment of
the A Stronger Workforce for America Act) until the end
of the third full program year after the date of
enactment of the A Stronger Workforce for America Act.
(3) Initial alignment review.--
(A) In general.--Prior to the third full
program year after the date of enactment of the
A Stronger Workforce for America Act, the
Governor shall--
(i) review the designations of local
areas in the State (as in effect on the
day before the date of enactment of the
A Stronger Workforce for America Act);
and
(ii) based on the considerations
described in paragraph (1)(B), issue
proposed redesignations of local areas
in the State through the process
described in paragraph (1)(A), which
shall--
(I) include an explanation of
the strategic goals and
objectives that the State
intends to achieve through such
redesignations; and
(II) be subject to the
approval of the local boards in
the State in accordance with
the process described in
subparagraph (C).
(B) Designation of local areas.--A
redesignation of local areas in a State that is
approved by a majority of the local boards in
the State through the process described in
subparagraph (C) shall take effect on the first
day of the 4th full program year after the date
of enactment of the A Stronger Workforce for
America Act.
(C) Process to reach majority approval.--To
approve a designation of local areas in the
State, the local boards in the State shall
comply with the following:
(i) Initial vote.--Not later than 60
days after the Governor issues proposed
redesignations under subparagraph (A),
the chairperson of each local board
shall review the proposed
redesignations and submit a vote on
behalf of such local board to the
Governor either approving or rejecting
the proposed redesignations.
(ii) Results of initial vote.--If a
majority of the local boards in the
State vote under clause (i)--
(I) to approve such proposed
redesignations, such
redesignations shall take
effect in accordance with
subparagraph (B); or
(II) to disapprove such
proposed redesignations, the
chairpersons of the local
boards in the State shall
comply with the requirements of
clause (iii).
(iii) Alternate redesignations.--In
the case of the disapproval described
in clause (ii)(II), not later than 60
days after initial votes were submitted
under clause (i), the chairpersons of
the local boards in the State shall--
(I) select 2 alternate
redesignations of local areas--
(aa) one of which
aligns with the
regional economic
development areas in
the State; and
(bb) one of which
aligns with the regions
described in
subparagraph (A) or (B)
of subsection (a)(2);
and
(II) conduct a vote to
approve, by majority vote, 1 of
the 2 alternate redesignations
described in subclause (I).
(iv) Effective date of alternate
designations.--The alternate
redesignations approved pursuant to
clause (iii)(II) shall take effect in
accordance with subparagraph (B).
(4) Subsequent alignment reviews.--On the date that
is the first day of the 12th full program year after
the date of enactment of the A Stronger Workforce for
America Act, and every 8 years thereafter, the Governor
shall review the designation of local areas based on
the considerations described in paragraph (1)(B) and
conduct a process in accordance with paragraph (3).
(5) Interim revisions.--
(A) Automatic approval of certain
redesignation requests.--
(i) In general.--At any time, and
notwithstanding the requirements of
paragraphs (2), (3), and (4), the
Governor, upon receipt of a request for
a redesignation of a local area
described in clause (ii), shall approve
such request.
(ii) Requests.--The following
requests shall be approved pursuant to
clause (i) upon request:
(I) A request from multiple
local areas to be redesignated
as a single local area.
(II) A request from multiple
local areas for a revision to
the designations of such local
areas, which would not impact
the designations of local areas
that have not made such
request.
(III) A request for
designation as a local area
from an area described in
section 107(c)(1)(C).
(B) Other redesignations.--Other than the
redesignations described in subparagraph (A),
the Governor may only redesignate a local area
outside of the process described in paragraphs
(3) and (4), if the local area that will be
subject to such redesignation has not--
(i) performed successfully;
(ii) sustained fiscal integrity; or
(iii) in the case of a local area in
a planning region, met the requirements
described in subsection (c)(1).
(C) Effective date.--Any redesignation of a
local area approved by the Governor under
subparagraph (A) or (B) shall take effect on
the first date of the first full program year
after such date of approval.
(6) Appeals.--
(A) In general.--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.--
(1) Regional planning.--The local boards and chief
elected officials in each planning region described in
subparagraph (B) or (C) of subsection (a)(2) shall
engage in a regional planning process that results in--
(A) the preparation of a regional plan, as
described in paragraph (2);
(B) the establishment of regional service
strategies, including use of cooperative
service delivery agreements;
(C) the development and implementation of
sector initiatives for in-demand industry
sectors or occupations for the region;
(D) the collection and analysis of regional
labor market data (in conjunction with the
State);
(E) the establishment of administrative cost
arrangements, including the pooling of funds
for administrative costs, as appropriate, for
the region;
(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;
[(F)] (G) the coordination of transportation
and other supportive services, as appropriate,
for the region;
[(G)] (H) the coordination of services with
regional economic development services and
providers; and
[(H)] (I) the establishment of an agreement
concerning how the planning region will
collectively negotiate and reach agreement with
Governor on local levels of performance for,
and report on, the performance accountability
measures described in section 116(c), for local
areas or the planning region.
(2) Regional plans.--The State, after consultation
with local boards and chief elected officials for the
planning regions, shall require the local boards and
chief elected officials within a planning region to
prepare, submit, and obtain approval of a single
regional plan that includes a description of the
activities described in paragraph (1) and that
incorporates local plans for each of the local areas in
the planning region. The State shall provide technical
assistance and labor market data, as requested by local
areas, to assist with such regional planning and
subsequent service delivery efforts, including to
assist with establishing administrative costs
arrangements or cost arrangements for services under
subparagraphs (F) and (G) of such paragraph.
(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 designated as 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.
[(3)] (4) References.--In this Act, and the core
program provisions that are not in this Act:
(A) Local area.--Except as provided in
section 101(d)(9), this section, paragraph
(1)(B) or (4) of section 107(c), or section
107(d)(12)(B), or in any text that provides an
accompanying provision specifically for a
planning region, the term ``local area'' in a
provision includes a reference to a planning
region for purposes of implementation of that
provision by the corresponding local areas in
the region.
(B) Local plan.--Except as provided in this
subsection, the term ``local plan'' includes a
reference to the portion of a regional plan
developed with respect to the corresponding
local area within the region, and any
regionwide provision of that plan that impacts
or relates to the local area.
(d) Single State Local Areas.--
(1) Continuation of previous designation.--The
Governor of any State that was a single State local
area for purposes of title I of the Workforce
Investment Act of 1998, as in effect on July 1, 2013,
may designate the State as a single State local area
for purposes of this title. In the case of such
designation, the Governor shall identify the State as a
local area in the State plan.
(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.
[(2)] (3) Effect on local plan and local functions.--
In any case in which a State is designated as a local
area pursuant to this subsection, the local plan
prepared under section 108 for the area shall be
submitted for approval as part of the State plan. In
such a State, the State board shall carry out the
functions of a local board, as specified in this Act or
the provisions authorizing a core program, but the
State shall not be required to meet and report on a set
of local performance accountability measures.
(e) Definitions.--For purposes of this section:
(1) Performed successfully.--The term ``performed
successfully'', used with respect to a local area,
means the local area met or exceeded the [adjusted
levels of performance] adjusted levels of performance
described in section 116(g)(1) for primary indicators
of performance described in section 116(b)(2)(A) (or,
if applicable, core indicators of performance described
in section 136(b)(2)(A) of the Workforce Investment Act
of 1998, as in effect the day before the date of
enactment of this Act) for each of the last 2
consecutive years for which data are available
preceding the determination of performance under this
paragraph.
(2) Sustained fiscal integrity.--The term ``sustained
fiscal integrity'', used with respect to a local area,
means that the Secretary has not made a formal
determination, during either of the last 2 consecutive
years preceding the determination regarding such
integrity, that either the grant recipient or the
administrative entity of the area misexpended funds
provided under subtitle B (or, if applicable, title I
of the Workforce Investment Act of 1998 as in effect
prior to the effective date of such subtitle B) due to
willful disregard of the requirements of the provision
involved, gross negligence, or failure to comply with
accepted standards of administration.
SEC. 107. LOCAL WORKFORCE DEVELOPMENT BOARDS.
(a) Establishment.--Except as provided in subsection
(c)(2)(A), there shall be established, and certified by the
Governor of the State, a local workforce development board in
each local area of a State to carry out the functions described
in subsection (d) (and any functions specified for the local
board under this Act or the provisions establishing a core
program) for such area.
(b) Membership.--
(1) State criteria.--The Governor, in partnership
with the State board, shall establish criteria for use
by chief elected officials in the local areas for
appointment of members of the local boards in such
local areas in accordance with the requirements of
paragraph (2).
(2) Composition.--Such criteria shall require that,
at a minimum--
(A) a majority of the members of each local
board shall be representatives of business in
the local area, who--
(i) are owners of businesses, chief
executives or operating officers of
businesses, or other business
executives or employers with optimum
policymaking or hiring authority;
(ii) represent businesses, including
small businesses, or organizations
representing businesses described in
this clause, that provide employment
opportunities that, at a minimum,
include high-quality, work-relevant
training and development in in-demand
industry sectors or occupations in the
local area; and
(iii) are appointed from among
individuals nominated by local business
organizations and business trade
associations;
(B) not less than 20 percent of the members
of each local board shall be representatives of
the workforce within the local area, who--
(i) shall include representatives of
labor organizations (for a local area
in which employees are represented by
labor organizations), who have been
nominated by local labor federations,
or (for a local area in which no
employees are represented by such
organizations) other representatives of
employees;
(ii) shall include a representative,
who shall be a member of a labor
organization or a training director,
from a joint labor-management
apprenticeship program, or if no such
joint program exists in the area, such
a representative of an apprenticeship
program in the area, if such a program
exists;
(iii) may include representatives of
community-based organizations that have
demonstrated experience and expertise
in addressing the employment needs of
individuals with barriers to
employment, including organizations
that serve veterans or that provide or
support competitive integrated
employment for individuals with
disabilities; and
(iv) may include representatives of
organizations that have demonstrated
experience and expertise in addressing
the employment, training, or education
needs of eligible youth, including
representatives of organizations that
serve [out-of-school youth] opportunity
youth;
(C) each local board shall include
representatives of entities administering
education and training activities in the local
area, who--
(i) shall include a representative of
eligible providers administering adult
education and literacy activities under
title II;
(ii) shall include a representative
of institutions of higher education
providing workforce investment
activities (including community
colleges);
(iii) may include representatives of
local educational agencies, and of
community-based organizations with
demonstrated experience and expertise
in addressing the education or training
needs of individuals with barriers to
employment;
(D) each local board shall include
representatives of governmental and economic
and community development entities serving the
local area, who--
(i) shall include a representative of
economic and community development
entities;
(ii) shall include an appropriate
representative from the State
employment service office under the
Wagner-Peyser Act (29 U.S.C. 49 et
seq.) serving the local area;
(iii) shall include an appropriate
representative of the programs carried
out under title I of the Rehabilitation
Act of 1973 (29 U.S.C. 720 et seq.),
other than section 112 or part C of
that title (29 U.S.C. 732, 741),
serving the local area;
(iv) may include representatives of
agencies or entities administering
programs serving the local area
relating to transportation, housing,
and public assistance; and
(v) may include representatives of
philanthropic organizations serving the
local area; and
(E) each local board may include such other
individuals or representatives of entities as
the chief elected official in the local area
may determine to be appropriate.
(3) Chairperson.--The members of the local board
shall elect a chairperson for the local board from
among the representatives described in paragraph
(2)(A).
(4) Standing committees.--
(A) In general.--The local board may
designate and direct the activities of standing
committees to provide information and to assist
the local board in carrying out activities
under this section. Such standing committees
shall be chaired by a member of the local
board, may include other members of the local
board, and shall include other individuals
appointed by the local board who are not
members of the local board and who the local
board determines have appropriate experience
and expertise. At a minimum, the local board
may designate each of the following:
(i) A standing committee to provide
information and assist with operational
and other issues relating to the one-
stop delivery system, which may include
as members representatives of the one-
stop partners.
(ii) A standing committee to provide
information and to assist with
planning, operational, and other issues
relating to the provision of services
to youth, which shall include
community-based organizations with a
demonstrated record of success in
serving eligible youth.
(iii) A standing committee to provide
information and to assist with
operational and other issues relating
to the provision of services to
individuals with disabilities,
including issues relating to compliance
with section 188, if applicable, and
applicable provisions of the Americans
with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) regarding
providing programmatic and physical
access to the services, programs, and
activities of the one-stop delivery
system, as well as appropriate training
for staff on providing supports for or
accommodations to, and finding
employment opportunities for,
individuals with disabilities.
(B) Additional committees.--The local board
may designate standing committees in addition
to the standing committees specified in
subparagraph (A).
(C) Designation of entity.--Nothing in this
paragraph shall be construed to prohibit the
designation of an existing (as of the date of
enactment of this Act) entity, such as an
effective youth council, to fulfill the
requirements of this paragraph as long as the
entity meets the requirements of this
paragraph.
(5) Authority of board members.--Members of the board
that represent organizations, agencies, or other
entities shall be individuals with optimum policymaking
authority within the organizations, agencies, or
entities. The members of the board shall represent
diverse geographic areas within the local area.
(6) Special Rule.--If there are multiple eligible
providers serving the local area by administering adult
education and literacy activities under title II, or
multiple institutions of higher education serving the
local area by providing workforce investment
activities, each representative on the local board
described in clause (i) or (ii) of paragraph (2)(C),
respectively, shall be appointed from among individuals
nominated by local providers representing such
providers or institutions, respectively.
(c) Appointment and Certification of Board.--
(1) Appointment of board members and assignment of
responsibilities.--
(A) In general.--The chief elected official
in a local area is authorized to appoint the
members of the local board for such area, in
accordance with the State criteria established
under subsection (b).
(B) Multiple units of local government in
area.--
(i) In general.--In a case in which a
local area includes more than 1 unit of
general local government, the chief
elected officials of such units may
execute an agreement that specifies the
respective roles of the individual
chief elected officials--
(I) in the appointment of the
members of the local board from
the individuals nominated or
recommended to be such members
in accordance with the criteria
established under subsection
(b); and
(II) in carrying out any
other responsibilities assigned
to such officials under this
title.
(ii) Lack of agreement.--If, after a
reasonable effort, the chief elected
officials are unable to reach agreement
as provided under clause (i), the
Governor may appoint the members of the
local board from individuals so
nominated or recommended.
(C) Concentrated employment programs.--In the
case of an area that was designated as a local
area in accordance with section 116(a)(2)(B) of
the Workforce Investment Act of 1998 (as in
effect on the day before the date of enactment
of this Act), and that remains a local area on
that date, the governing body of the
concentrated employment program involved shall
act in consultation with the chief elected
official in the local area to appoint members
of the local board, in accordance with the
State criteria established under subsection
(b), and to carry out any other responsibility
relating to workforce investment activities
assigned to such official under this Act.
(2) Certification.--
(A) In general.--The Governor shall, once
every 2 years, certify 1 local board for each
local area in the State.
(B) Criteria.--Such certification shall be
based on criteria established under subsection
(b), and for a second or subsequent
certification, the extent to which the local
board has ensured that workforce investment
activities carried out in the local area have
enabled the local area to meet the
corresponding performance accountability
measures and achieve sustained fiscal
integrity, as defined in section 106(e)(2).
(C) Failure to achieve certification.--
Failure of a local board to achieve
certification shall result in appointment and
certification of a new local board for the
local area pursuant to the process described in
paragraph (1) and this paragraph.
(3) Decertification.--
(A) Fraud, abuse, failure to carry out
functions.--Notwithstanding paragraph (2), the
Governor shall have the authority to decertify
a local board at any time after providing
notice and an opportunity for comment, for--
(i) fraud or abuse; or
(ii) failure to carry out the
functions specified for the local board
in subsection (d).
(B) Nonperformance.--Notwithstanding
paragraph (2), the Governor may decertify a
local board if a local area fails to meet the
local performance accountability measures for
such local area in accordance with section
116(c) for 2 consecutive program years.
(C) Reorganization plan.--If the Governor
decertifies a local board for a local area
under subparagraph (A) or (B), the Governor may
require that a new local board be appointed and
certified for the local area pursuant to a
reorganization plan developed by the Governor,
in consultation with the chief elected official
in the local area and in accordance with the
criteria established under subsection (b).
(4) Single state local area.--
(A) State board.--Notwithstanding subsection
(b) and paragraphs (1) and (2), if a State
described in section 106(d) indicates in the
State plan that the State will be treated as a
single State local area, for purposes of the
application of this Act or the provisions
authorizing a core program, the State board
shall carry out any of the functions of a local
board under this Act or the provisions
authorizing a core program, including the
functions described in subsection (d).
(B) References.--
(i) In general.--Except as provided
in clauses (ii) and (iii), with respect
to such a State, a reference in this
Act or a core program provision to a
local board shall be considered to be a
reference to the State board, and a
reference in the Act or provision to a
local area or region shall be
considered to be a reference to the
State.
(ii) Plans.--The State board shall
prepare a local plan under section 108
for the State, and submit the plan for
approval as part of the State plan.
(iii) Performance Accountability
Measures.--The State shall not be
required to meet and report on a set of
local performance accountability
measures.
(d) Functions of Local Board.--Consistent with section 108,
the functions of the local board shall include the following:
(1) Local plan.--The local board, in partnership with
the chief elected official for the local area involved,
shall develop and submit a local plan to the Governor
that meets the requirements in section 108. If the
local area is part of a planning region that includes
other local areas, the local board shall collaborate
with the other local boards and chief elected officials
from such other local areas in the preparation and
submission of a regional plan as described in section
106(c)(2).
(2) Workforce research and regional labor market
analysis.--In order to assist in the development and
implementation of the local plan, the local board
shall--
(A) carry out analyses of the economic
conditions in the region, the needed knowledge
and skills for the region, the workforce in the
region, and workforce development activities
(including education and training) in the
region described in section 108(b)(1)(D), and
regularly update such information;
(B) assist the Governor in developing the
statewide workforce and labor market
information system described in section 15(e)
of the Wagner-Peyser Act (29 U.S.C. 49l-2(e)),
specifically in the collection, analysis, and
utilization of workforce and labor market
information for the region; and
(C) conduct such other research, data
collection, and analysis related to the
workforce needs of the regional economy as the
board, after receiving input from a wide array
of stakeholders, determines to be necessary to
carry out its functions.
(3) Convening, brokering, leveraging.--The local
board shall convene local workforce development system
stakeholders, including, to the extent practicable,
local representatives of the core programs and the
programs described in section 102(a)(2), to assist in
the development of the local plan under section 108 and
in identifying non-Federal expertise and resources to
leverage support for workforce development activities.
The local board, including standing committees, may
engage such stakeholders in carrying out the functions
described in this subsection.
(4) Employer engagement.--The local board shall lead
efforts to engage with a diverse range of employers and
with entities in the region involved--
(A) to promote business representation
(particularly representatives with optimal
policymaking or hiring authority from employers
whose employment opportunities reflect existing
and emerging employment opportunities in the
region) on the local board;
(B) to develop effective linkages (including
the use of intermediaries) with employers in
the region to support employer utilization of
the local workforce development system and to
support local workforce investment activities;
(C) to ensure that workforce investment
activities meet the needs of employers and
support economic growth in the region, by
enhancing communication, coordination, and
collaboration among employers, economic
development entities, and service providers;
and
(D) to develop and implement [proven]
evidence-based or promising strategies for
meeting the employment and skill needs of
individual workers and employers from a variety
of industries and occupations (such as the
establishment of industry and sector
partnerships), that provide the skilled
workforce needed by employers in the region,
and that expand employment and career
advancement opportunities for workforce
development system participants in in-demand
industry sectors or occupations.
(5) Career pathways development.--The local board,
with representatives of secondary and postsecondary
education programs, shall lead efforts in the local
area to develop and implement career pathways within
the local area by aligning the employment, training,
education, and supportive services that are needed by
adults and youth, particularly individuals with
barriers to employment 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.
(6) [Proven] Evidence-based and promising
practices.--The local board shall lead efforts in the
local area to--
(A) identify and promote [proven] evidence-
based and promising strategies and initiatives
for meeting the needs of employers, and workers
and jobseekers (including individuals with
barriers to employment and covered veterans (as
defined in section 4212(a)(3)(A) of title 38,
United States Code)) in the local workforce
development system, including providing
physical and programmatic accessibility, in
accordance with section 188, if applicable, and
applicable provisions of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), to the one-stop delivery system, and
prioritize covered veterans as described in
section 4212(a)(2) of title 38, United States
Code; and
(B) identify and disseminate information on
[proven] evidence-based and promising practices
carried out in other local areas for meeting
such needs.
(7) Technology.--The local board shall develop
strategies for using technology to maximize the
accessibility and effectiveness of the local workforce
development system for employers, and workers and
jobseekers, by--
(A) facilitating connections among the intake
and case management information systems of the
one-stop partner programs to support a
comprehensive workforce development system in
the local area;
(B) facilitating access to services provided
through the one-stop delivery system involved,
including facilitating the access in remote
areas;
(C) identifying strategies for better meeting
the needs of individuals with barriers to
employment, including strategies that augment
traditional service delivery, and increase
access to services and programs of the one-stop
delivery system, such as improving digital
literacy skills; and
(D) leveraging resources and capacity within
the local workforce development system,
including resources and capacity for services
for individuals with barriers to employment.
(8) Program oversight.--The local board, in
partnership with the chief elected official for the
local area, shall--
(A)(i) conduct oversight for local youth
workforce investment activities authorized
under section 129(c), local employment and
training activities authorized under
subsections (c) and (d) of section 134, and the
one-stop delivery system in the local area; and
(ii) ensure the appropriate use and
management of the funds provided under subtitle
B for the activities and system described in
clause (i); and
(B) for workforce development activities,
ensure the appropriate use, management, and
investment of funds to maximize performance
outcomes under section 116.
(9) Negotiation of local performance accountability
measures.--The local board, the chief elected official,
and the Governor shall negotiate and reach agreement on
local performance accountability measures as described
in section 116(c).
(10) Selection of operators and providers.--
(A) Selection of one-stop operators.--
Consistent with section 121(d), the local
board, with the agreement of the chief elected
official for the local area--
(i) shall designate or certify one-
stop operators as described in section
121(d)(2)(A); and
(ii) may terminate for cause the
eligibility of such operators.
(B) Selection of youth providers.--Consistent
with section 123, the local board--
(i) shall identify eligible providers
of youth workforce investment
activities in the local area by
awarding grants or contracts on a
competitive basis (except as provided
in section 123(b)), based on the
recommendations of the youth standing
committee, if such a committee is
established for the local area under
subsection (b)(4); and
(ii) may terminate for cause the
eligibility of such providers.
(C) Identification of eligible providers of
training services.--Consistent with section
122, the local board shall identify, on the
State eligible training provider list, eligible
providers of training services that operate in
or are accessible to individuals in the local
area.
(D) Identification of eligible providers of
career services.--If the one-stop operator does
not provide career services described in
section 134(c)(2) in a local area, the local
board shall identify eligible providers of
those career services in the local area by
awarding contracts.
(E) Consumer choice requirements.--Consistent
with section 122 and paragraphs (2) and (3) of
section 134(c), the local board shall work with
the State to ensure there are sufficient
numbers and types of providers of career
services and training services (including
eligible providers with expertise in assisting
individuals with disabilities and eligible
providers with expertise in assisting adults in
need of adult education and literacy
activities) serving the local area and
providing the services involved in a manner
that maximizes consumer choice, as well as
providing opportunities that lead to
competitive integrated employment for
individuals with disabilities.
(11) Coordination with education providers.--
(A) In general.--The local board shall
coordinate activities with education and
training providers in the local area, including
providers of workforce investment activities,
providers of adult education and literacy
activities under title II, providers of career
and technical education (as defined in section
3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302)) and
local agencies administering plans under title
I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.), other than section 112 or part C
of that title (29 U.S.C. 732, 741).
(B) Applications and agreements.--The
coordination described in subparagraph (A)
shall include--
(i) consistent with section 232--
(I) reviewing the
applications to provide adult
education and literacy
activities under title II for
the local area, submitted under
such section to the eligible
agency by eligible providers,
to determine whether such
applications are consistent
with the local plan; and
(II) making recommendations
to the eligible agency to
promote alignment with such
plan; and
(ii) replicating cooperative
agreements in accordance with
subparagraph (B) of section 101(a)(11)
of the Rehabilitation Act of 1973 (29
U.S.C. 721(a)(11)), and implementing
cooperative agreements in accordance
with that section with the local
agencies administering plans under
title I of that Act (29 U.S.C. 720 et
seq.) (other than section 112 or part C
of that title (29 U.S.C. 732, 741) and
subject to section 121(f)), with
respect to efforts that will enhance
the provision of services to
individuals with disabilities and other
individuals, such as cross training of
staff, technical assistance, use and
sharing of information, cooperative
efforts with employers, and other
efforts at cooperation, collaboration,
and coordination.
(C) Cooperative agreement.--In this
paragraph, the term ``cooperative agreement''
means an agreement entered into by a State
designated agency or State designated unit
under subparagraph (A) of section 101(a)(11) of
the Rehabilitation Act of 1973.
(12) Budget and administration.--
(A) Budget.--The local board shall develop a
budget for the [activities] 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 of the local
board in the local area, consistent with the
local plan and the duties of the local board
under this section, subject to the approval of
the chief elected official.
(B) Administration.--
(i) Grant recipient.--
(I) In general.--The chief
elected official in a local
area shall serve as the local
grant recipient for, and shall
be liable for any misuse of,
the grant funds allocated to
the local area under sections
128 and 133, unless the chief
elected official reaches an
agreement with the Governor for
the Governor to act as the
local grant recipient and bear
such liability.
(II) Designation.--In order
to assist in administration of
the grant funds, the chief
elected official or the
Governor, where the Governor
serves as the local grant
recipient for a local area, may
designate an entity to serve as
a local grant subrecipient for
such funds or as a local fiscal
agent. Such designation shall
not relieve the chief elected
official or the Governor of the
liability for any misuse of
grant funds as described in
subclause (I).
(III) Disbursal.--The local
grant recipient or an entity
designated under subclause (II)
shall disburse the grant funds
for workforce investment
activities at the direction of
the local board, pursuant to
the requirements of this title.
The local grant recipient or
entity designated under
subclause (II) shall disburse
the funds immediately on
receiving such direction from
the local board.
(ii) Grants and donations.--The local
board may solicit and accept grants and
donations from sources other than
Federal funds made available under this
Act.
(iii) Tax-exempt status.--For
purposes of carrying out duties under
this Act, local boards may incorporate,
and may operate as entities described
in section 501(c)(3) of the Internal
Revenue Code of 1986 that are exempt
from taxation under section 501(a) of
such Code.
(13) Accessibility for individuals with
disabilities.--The local board shall annually assess
the physical and programmatic accessibility, in
accordance with section 188, if applicable, and
applicable provisions of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), of
all one-stop centers in the local area.
(e) Sunshine Provision.--The local board shall make available
to the public, on a regular basis through electronic means and
open meetings, information regarding the activities of the
local board, including information regarding the local plan
prior to submission of the plan, and regarding membership, the
designation and certification of one-stop operators, and the
award of grants or contracts to eligible providers of youth
workforce investment activities, and on request, minutes of
formal meetings of the local board.
(f) Staff.--
(1) In general.--The local board may hire a director
and other staff to assist in carrying out the functions
described in subsection (d) using funds available under
sections 128(b) and 133(b) as described in section
128(b)(4).
(2) Qualifications.--The local board shall establish
and apply a set of objective qualifications for the
position of director, that ensures that the individual
selected has the requisite knowledge, skills, and
abilities, to meet identified benchmarks and to assist
in effectively carrying out the functions of the local
board.
(3) Limitation on rate.--The director and staff
described in paragraph (1) shall be subject to the
limitations on the payment of salaries and bonuses
described in section 194(15).
(g) Limitations.--
(1) Training services.--
(A) In general.--Except as provided in
subparagraph (B), no local board may provide
training services.
(B) Waivers of training prohibition.--The
Governor of the State in which a local board is
located may, pursuant to a request from the
local board, grant a written waiver of the
prohibition set forth in subparagraph (A)
(relating to the provision of training
services) for a program of training services,
if the local board--
(i) submits to the Governor a
proposed request for the waiver that
includes--
(I) satisfactory evidence
that there is an insufficient
number of eligible providers of
such a program of training
services to meet local demand
in the local area;
(II) information
demonstrating that the board
meets the requirements for an
eligible provider of training
services under section 122; and
(III) information
demonstrating that the program
of training services prepares
participants for an in-demand
industry sector or occupation
in the local area;
(ii) makes the proposed request
available to eligible providers of
training services and other interested
members of the public for a public
comment period of not less than 30
days; and
(iii) includes, in the final request
for the waiver, the evidence and
information described in clause (i) and
the comments received pursuant to
clause (ii).
(C) Duration.--A waiver granted to a local
board under subparagraph (B) shall apply for a
period that shall not exceed the duration of
the local plan. The waiver may be renewed for
additional periods under subsequent local
plans, not to exceed the durations of such
subsequent plans, pursuant to requests from the
local board, if the board meets the
requirements of subparagraph (B) in making the
requests.
(D) Revocation.--The Governor shall have the
authority to revoke the waiver during the
appropriate period described in subparagraph
(C) if the Governor determines the waiver is no
longer needed or that the local board involved
has engaged in a pattern of inappropriate
referrals to training services operated by the
local board.
(2) Career services; designation or certification as
one-stop operators.--A local board may provide career
services described in section 134(c)(2) through a one-
stop delivery system or be designated or certified as a
one-stop operator only with the agreement of the chief
elected official in the local area and the Governor.
(3) Limitation on authority.--Nothing in this Act
shall be construed to provide a local board with the
authority to mandate curricula for schools.
(h) Conflict of Interest.--A member of a local board, or a
member of a standing committee, may not--
(1) vote on a matter under consideration by the local
board--
(A) regarding the provision of services by
such member (or by an entity that such member
represents); or
(B) that would provide direct financial
benefit to such member or the immediate family
of such member; or
(2) engage in any other activity determined by the
Governor to constitute a conflict of interest as
specified in the State plan.
(i) Alternative Entity.--
(1) In general.--For purposes of complying with
subsections (a), (b), and (c), a State may use any
local entity (including a local council, regional
workforce development board, or similar entity) that--
(A) is established to serve the local area
(or the service delivery area that most closely
corresponds to the local area);
(B) was in existence on the day before the
date of enactment of the Workforce Investment
Act of 1998, pursuant to State law; and
(C) includes--
(i) representatives of business in
the local area; and
(ii)(I) representatives of labor
organizations (for a local area in
which employees are represented by
labor organizations), nominated by
local labor federations; or
(II) other representatives of
employees in the local area (for a
local area in which no employees are
represented by such organizations).
(2) References.--A reference in this Act or a core
program provision to a local board, shall include a
reference to such an entity.
SEC. 108. LOCAL PLAN.
(a) In general.--Each local board shall develop and submit to
the Governor a comprehensive 4-year local plan, in partnership
with the chief elected official. The local plan shall support
the strategy described in the State plan in accordance with
section 102(b)(1)(E), and otherwise be consistent with the
State plan. If the local area is part of a planning region, the
local board shall comply with section 106(c) in the preparation
and submission of a regional plan. At the end of the first 2-
year period of the 4-year local plan, each local board shall
review the local plan and the local board, in partnership with
the chief elected official, [shall prepare] may prepare and
submit modifications to the local plan to reflect changes in
labor market and economic conditions or in other factors
affecting the implementation of the local plan.
(b) Contents.--The local plan shall include--
(1) a description of the strategic planning elements
consisting of--
(A) an analysis of the regional economic
conditions including--
(i) existing and emerging in-demand
industry sectors and occupations; and
(ii) the employment needs of
employers in those industry sectors and
occupations;
(B) an analysis of the knowledge and skills
needed to meet the employment needs of the
employers in the region, including employment
needs in in-demand industry sectors and
occupations;
(C) an analysis of the workforce in the
region, including current labor force
employment (and unemployment) data, and
information on labor market trends, and the
educational and skill levels of the workforce
in the region, including individuals with
barriers to employment;
(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;
[(D)] (E) an analysis of the workforce
development activities (including education and
training) in the region, including an analysis
of the strengths and weaknesses of such
services, and the capacity to provide such
services, to address the identified education
and skill needs of the workforce and the
employment needs of employers in the region;
[(E)] (F) a description of the local board's
strategic vision and goals for preparing an
educated and skilled workforce (including youth
and individuals with barriers to employment),
including goals relating to the performance
accountability measures based on primary
indicators of performance described in section
116(b)(2)(A) in order to support regional
economic growth and economic self-sufficiency;
[and]
(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
[(F)] (H) taking into account analyses
described in subparagraphs (A) through (D), a
strategy to work with the entities that carry
out the core programs to align resources
available to the local area, to achieve the
strategic vision and goals described in
subparagraph (E);
(2) a description of the workforce development system
in the local area that identifies the programs that are
included in that system and how the local board will
work with the entities carrying out core programs and
other workforce development programs to support
alignment to provide services, including programs of
study authorized under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.), that support the strategy identified in the
State plan under section 102(b)(1)(E);
(3) a description of how the local board, working
with the entities carrying out core programs, will
expand access to employment, training, education, and
supportive services for eligible individuals,
particularly eligible individuals with barriers to
employment, including how the local board will
facilitate the development of career pathways and co-
enrollment, as appropriate, in core programs, and
improve access to activities leading to a recognized
postsecondary credential (including a credential that
is an industry-recognized certificate or certification,
portable, and stackable);
(4) a description of the strategies and services that
will be used in the local area--
(A) in order to--
(i) facilitate engagement of
employers, including small employers
and employers in in-demand industry
sectors and occupations, in workforce
development programs;
(ii) support a local workforce
development system that meets the needs
of businesses in the local area;
(iii) better coordinate workforce
development programs and economic
development; [and]
(iv) strengthen linkages between the
one-stop delivery system and
unemployment insurance programs; and
(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
(B) that may include the implementation of
initiatives such as incumbent worker training
programs, on-the-job training programs,
[customized training] employer-directed skills
development programs, industry and sector
strategies, career pathways initiatives,
utilization of effective business
intermediaries, and other business services and
strategies, designed to meet the needs of
employers in the corresponding region in
support of the strategy described in paragraph
(1)(F);
(5) a description of how the local board will
coordinate workforce investment activities carried out
in the local area with economic development activities
carried out in the region in which the local area is
located (or planning region), and promote
entrepreneurial skills training and microenterprise
services;
(6) a description of the one-stop delivery system in
the local area, including--
(A) a description of how the local board will
ensure the continuous improvement of eligible
providers of services through the system and
ensure that such providers meet the employment
needs of local employers, and workers and
jobseekers;
(B) a description of how the local board will
facilitate access to services provided through
the one-stop delivery system, including in
remote areas, through the use of technology and
through other means, such as the use of
affiliated sites;
(C) a description of how entities within the
one-stop delivery system, including one-stop
operators and the one-stop partners, will
comply with section 188, if applicable, and
applicable provisions of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) regarding the physical and programmatic
accessibility of facilities, programs and
services, technology, and materials for
individuals with disabilities, including
providing staff training and support for
addressing the needs of individuals with
disabilities; and
(D) a description of the roles and resource
contributions of the one-stop partners;
(7) a description and assessment of the type and
availability of adult and dislocated worker employment
and training activities in the local area;
(8) a description of how the local board will
coordinate workforce investment activities carried out
in the local area with statewide rapid response
activities, as described in section 134(a)(2)(A);
(9) a description and assessment of the type and
availability of youth workforce investment activities
in the local area, [including activities] 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 for youth who are individuals
with disabilities, which description and
assessment shall include an identification of
successful or evidence-based models of such
youth workforce investment activities;
(10) a description of how the local board will
coordinate education and workforce investment
activities carried out in the local area with relevant
secondary and postsecondary education programs and
activities to coordinate strategies, enhance services,
and avoid duplication of services;
(11) a description of how the local board will
coordinate workforce investment activities carried out
under this title in the local area with the provision
of transportation, including public transportation, and
other appropriate supportive services in the local
area;
(12) a description of plans and strategies for, and
assurances concerning, maximizing coordination of
services provided by the State employment service under
the Wagner-Peyser Act (29 U.S.C. 49 et seq.) and
services provided in the local area through the one-
stop delivery system, including as described in section
134(c)(2), to improve service delivery and avoid
duplication of services;
(13) a description of how the local board will
coordinate workforce investment activities carried out
under this title in the local area with the provision
of adult education and literacy activities under title
II in the local area, including a description of how
the local board will carry out, consistent with
subparagraphs (A) and (B)(i) of section 107(d)(11) and
section 232, the review of local applications submitted
under title II;
(14) a description of the replicated cooperative
agreements (as defined in section 107(d)(11)) between
the local board or other local entities described in
section 101(a)(11)(B) of the Rehabilitation Act of 1973
(29 U.S.C. 721(a)(11)(B)) and the local office of a
designated State agency or designated State unit
administering programs carried out under title I of
such Act (29 U.S.C. 720 et seq.) (other than section
112 or part C of that title (29 U.S.C. 732, 741) and
subject to section 121(f)) in accordance with section
101(a)(11) of such Act (29 U.S.C. 721(a)(11)) with
respect to efforts that will enhance the provision of
services to individuals with disabilities and to other
individuals, such as cross training of staff, technical
assistance, use and sharing of information, cooperative
efforts with employers, and other efforts at
cooperation, collaboration, and coordination;
(15) an identification of the entity responsible for
the disbursal of grant funds described in section
107(d)(12)(B)(i)(III), as determined by the chief
elected official or the Governor under section
107(d)(12)(B)(i);
(16) a description of the competitive process to be
used to award the subgrants and contracts in the local
area for activities carried out under this title;
(17) a description of the local levels of performance
negotiated with the Governor and chief elected official
pursuant to section 116(c), to be used to measure the
performance of the local area and to be used by the
local board for measuring the performance of the local
fiscal agent (where appropriate), eligible providers
under subtitle B, and the one-stop delivery system, in
the local area;
(18) a description of the actions the local board
will take toward becoming or remaining a high-
performing board, consistent with the factors developed
by the State board pursuant to section 101(d)(6);
(19) a description of how training services under
chapter 3 of subtitle B will be provided in accordance
with section 134(c)(3)(G), including, if contracts for
the training services will be used, how the use of such
contracts will be coordinated with the use of
individual training accounts under that chapter and how
the local board will ensure informed customer choice in
the selection of training programs regardless of how
the training services are to be provided;
(20) a description of the process used by the local
board, consistent with subsection (d), to provide an
opportunity for public comment, including comment by
representatives of businesses and comment by
representatives of labor organizations, and input into
the development of the local plan, prior to submission
of the plan;
(21) a description of how one-stop centers are
implementing and transitioning to an integrated,
technology-enabled intake and case management
information system for programs carried out under this
Act and programs carried out by one-stop partners; and
(22) such other information as the Governor may
require.
(c) Existing analysis.--As appropriate, a local area may use
an existing analysis in order to carry out the requirements of
subsection (b)(1) concerning an analysis.
(d) Process.--Prior to the date on which the local board
submits a local plan under this section, the local board
shall--
(1) make available copies of a proposed local plan to
the public through electronic and other means, such as
public hearings and local news media;
(2) allow members of the public, including
representatives of business, representatives of labor
organizations, and representatives of education to
submit to the local board comments on the proposed
local plan, not later than the end of the 30-day period
beginning on the date on which the proposed local plan
is made available; and
(3) include with the local plan submitted to the
Governor under this section any such comments that
represent disagreement with the plan.
(e) Plan Submission and Approval.--A local plan submitted to
the Governor under this section (including a modification to
such a local plan) shall be considered to be approved by the
Governor at the end of the 90-day period beginning on the day
the Governor receives the plan (including such a modification),
unless the Governor makes a written determination during the
90-day period that--
(1) deficiencies in activities carried out under this
subtitle or subtitle B have been identified, through
audits conducted under section 184 or otherwise, and
the local area has not made acceptable progress in
implementing corrective measures to address the
deficiencies;
(2) the plan does not comply with the applicable
provisions of this Act; or
(3) the plan does not align with the State plan,
including failing to provide for alignment of the core
programs to support the strategy identified in the
State plan in accordance with section 102(b)(1)(E).
* * * * * * *
CHAPTER 4--PERFORMANCE ACCOUNTABILITY
SEC. 116. PERFORMANCE ACCOUNTABILITY SYSTEM.
(a) Purpose.--The purpose of this section is to establish
performance accountability measures that apply across the core
programs to assess the effectiveness of States and local areas
(for core programs described in subtitle B) in achieving
positive outcomes for individuals served by those programs.
(b) State Performance Accountability Measures.--
(1) In general.--For each State, the performance
accountability measures for the core programs shall
consist of--
(A)(i) the primary indicators of performance
described in paragraph (2)(A); and
(ii) the additional indicators of performance
(if any) identified by the State under
paragraph (2)(B); and
(B) a State adjusted level of performance for
each indicator described in subparagraph (A).
(2) Indicators of performance.--
(A) Primary indicators of performance.--
(i) In general.--The State primary
indicators of performance for
activities provided under the adult and
dislocated worker programs authorized
under chapter 3 of subtitle B, the
program of adult education and literacy
activities authorized under title II,
the employment services program
authorized under sections 1 through 13
of the Wagner-Peyser Act (29 U.S.C. 49
et seq.) (except that subclauses (IV)
and (V) shall not apply to such
program), and the program authorized
under title I of the Rehabilitation Act
of 1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that
title (29 U.S.C. 732, 741), shall
consist of--
(I) the percentage of program
participants who are in
unsubsidized employment during
the second quarter after exit
from the program;
(II) the percentage of
program participants who are in
unsubsidized employment during
the [fourth] second quarter
after exit from the program and
remain in unsubsidized
employment during the fourth
quarter after exit from the
program;
(III) the median earnings of
program participants who are in
unsubsidized employment during
the second quarter after exit
from the program;
(IV) the percentage of
program participants who obtain
a recognized postsecondary
credential, or a secondary
school diploma or its
recognized equivalent (subject
to clause (iii)), during
participation in or within 1
year after exit from the
program;
(V) the percentage of program
participants who[, during a
program year,] [are in] enter
into an education or training
program that leads to a
recognized postsecondary
credential or employment and
who are achieving measurable
skill gains toward such a
credential or employment within
6 months after the quarter in
which the participant enters
into the education and training
program; and
[(VI) the indicators of
effectiveness in serving
employers established pursuant
to clause (iv).]
(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.
(ii) Primary indicators for eligible
youth.--The primary indicators of
performance for the youth program
authorized under chapter 2 of subtitle
B shall consist of--
(I) the percentage of program
participants who are in
education or training
activities, or in unsubsidized
employment, during the second
quarter after exit from the
program;
(II) the percentage of
program participants who are in
education or training
activities, or in unsubsidized
employment, during the fourth
quarter after exit from the
program; [and]
(III) the primary indicators
of performance described in
subclauses (III) through (VI)
of subparagraph (A)(i)[.]; and
(IV) the percentage of
program participants who,
during a program year,
participate in paid or unpaid
work experiences as described
in section 129(c)(2)(C).
(iii) Indicator relating to
credential.--For purposes of clause
(i)(IV), or clause (ii)(III) with
respect to clause (i)(IV), program
participants who obtain a secondary
school diploma or its recognized
equivalent shall be included in the
percentage counted as meeting the
criterion under such clause only if
such participants, in addition to
obtaining such diploma or its
recognized equivalent, have obtained or
retained employment or are in an
education or training program leading
to a recognized postsecondary
credential within 1 year after exit
from the program.
[(iv) Indicator for services to
employers.--Prior to the commencement
of the second full program year after
the date of enactment of this Act, for
purposes of clauses (i)(VI), or clause
(ii)(III) with respect to clause
(i)(VI), the Secretary of Labor and the
Secretary of Education, after
consultation with the representatives
described in paragraph (4)(B), shall
jointly develop and establish, for
purposes of this subparagraph, 1 or
more primary indicators of performance
that indicate the effectiveness of the
core programs in serving employers.]
(B) Additional indicators.--A State may
identify in the State plan additional
performance accountability indicators.
(3) Levels of performance.--
(A) State adjusted levels of performance for
primary indicators.--
(i) In general.--For each State
submitting a State plan, there shall be
established, in accordance with this
subparagraph, levels of performance for
each of the corresponding primary
indicators of performance described in
paragraph (2) for each of the programs
described in clause (ii).
(ii) Included programs.--The programs
included under clause (i) are--
(I) the youth program
authorized under chapter 2 of
subtitle B;
(II) the adult program
authorized under chapter 3 of
subtitle B;
(III) the dislocated worker
program authorized under
chapter 3 of subtitle B;
(IV) the program of adult
education and literacy
activities authorized under
title II;
(V) the employment services
program authorized under
sections 1 through 13 of the
Wagner-Peyser Act (29 U.S.C. 49
et seq.); and
(VI) the program authorized
under title I of the
Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.), other than
section 112 or part C of that
title (29 U.S.C. 732, 741).
[(iii) Identification in state
plan.--Each State shall identify, in
the State plan, expected levels of
performance for each of the
corresponding primary indicators of
performance for each of the programs
described in clause (ii) for the first
2 program years covered by the State
plan.]
(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 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
proposed 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
proposed 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 proposed
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).
(iv) Agreement on state adjusted
levels of performance.--
(I) First 2 years.--The State
shall reach agreement with the
Secretary of Labor, in
conjunction with the Secretary
of Education on levels of
performance for each indicator
described in clause (iii) for
each of the programs described
in clause (ii) for each of the
first 2 program years covered
by the State plan. In reaching
the agreement, the State and
the Secretary of Labor in
conjunction with the Secretary
of Education shall take into
account the levels identified
in the State plan under clause
(iii) and the factors described
in clause (v). The levels
agreed to shall be considered
to be the State adjusted levels
of performance for the State
for such program years and
shall be incorporated into the
State plan prior to the
approval of such plan.
(II) Third and fourth year.--
The State and the Secretary of
Labor, in conjunction with the
Secretary of Education, shall
reach agreement, prior to the
third program year covered by
the State plan, on levels of
performance for each indicator
described in clause (iii) for
each of the programs described
in clause (ii) for each of the
third and fourth program years
covered by the State plan. In
reaching the agreement, the
State and Secretary of Labor,
in conjunction with the
Secretary of Education, shall
take into account the factors
described in clause (v). The
levels agreed to shall be
considered to be the State
adjusted levels of performance
for the State for such program
years and shall be incorporated
into the State plan as a
modification to the plan.
(v) Factors.--In reaching the
agreements described in clause (iv),
the State and Secretaries shall--
(I) take into account how the
levels involved compare with
the State adjusted levels of
performance established for
other States;
(II) ensure that the levels
involved are adjusted, using
the objective statistical model
established by the Secretaries
pursuant to clause (viii),
[based on] based on each of the
following considerations that
are found to be predictive of
performance on an indicator for
a program--
(aa) the differences
among States in actual
economic conditions
(including differences
in unemployment rates
and job losses or gains
in particular
industries); and
(bb) the
characteristics of
participants when the
participants entered
the program involved,
including indicators of
poor work history, lack
of work experience,
lack of educational or
occupational skills
attainment, dislocation
from high-wage and
high-benefit
employment, low levels
of literacy or English
proficiency, disability
status, homelessness,
[ex-offender status]
justice-involved
individual status,
foster care status,
school status,
education level,
highest grade level
completed, low-income
status, and welfare
dependency;
(III) take into account the
extent to which the levels
involved promote continuous
improvement in performance
accountability on the
performance accountability
measures by such State and
ensure optimal return on the
investment of Federal funds;
and
(IV) take into account the
extent to which the levels
involved will assist the State
in meeting the goals described
in clause (vi).
(vi) Goals.--In order to promote
enhanced performance outcomes and to
facilitate the process of reaching
agreements with the States under clause
(iv), the Secretary of Labor, in
conjunction with the Secretary of
Education, shall establish performance
goals for the core programs, in
accordance with the Government
Performance and Results Act of 1993
(Public Law 103-62; 107 Stat. 285) and
the amendments made by that Act, and in
consultation with States and other
appropriate parties. Such goals shall
be long-term goals for the adjusted
levels of performance to be achieved by
each of the programs described in
clause (ii) regarding the corresponding
primary indicators of performance
described in paragraph (2)(A).
(vii) Revisions based on economic
conditions and individuals served
during the program year.--The Secretary
of Labor, in conjunction with the
Secretary of Education, shall, in
accordance with the objective
statistical model developed pursuant to
clause (viii), revise the State
adjusted levels of performance
applicable for each of the programs
described in clause (ii), for a program
year and a State, to reflect the actual
economic conditions and characteristics
of participants (as described in clause
(v)(II)) in that program during such
program year in such State.
(viii) Statistical adjustment
model.--The Secretary of Labor and the
Secretary of Education, after
consultation with the representatives
described in paragraph (4)(B), shall
develop and disseminate an objective
statistical model that will be used to
make the adjustments in the State
adjusted levels of performance for
actual economic conditions and
characteristics of participants under
clauses (v) and (vii).
(B) Levels of performance for additional
indicators.--The State may identify, in the
State plan, State levels of performance for
each of the additional indicators identified
under paragraph (2)(B). Such levels shall be
considered to be State adjusted levels of
performance for purposes of this section.
(4) Definitions of indicators of performance.--
(A) In general.--In order to ensure
nationwide comparability of performance data,
the Secretary of Labor and the Secretary of
Education, after consultation with
representatives described in subparagraph (B),
shall issue definitions for the indicators
described in paragraph (2).
(B) Representatives.--The representatives
referred to in subparagraph (A) are
representatives of States and political
subdivisions, business and industry, employees,
eligible providers of activities carried out
through the core programs, educators,
researchers, participants, the lead State
agency officials with responsibility for the
programs carried out through the core programs,
individuals with expertise in serving
individuals with barriers to employment, and
other interested parties.
(c) Local Performance Accountability Measures for Subtitle
B.--
(1) In general.--For each local area in a State
designated under section 106, the local performance
accountability measures for each of the programs
described in subclauses (I) through (III) of subsection
(b)(3)(A)(ii) shall consist of--
(A)(i) the primary indicators of performance
described in subsection (b)(2)(A) that are
applicable to such programs; and
(ii) additional indicators of performance, if
any, identified by the State for such programs
under subsection (b)(2)(B); and
(B) the local level of performance for each
indicator described in subparagraph (A).
(2) Local level of performance.--The local board, the
chief elected official, and the Governor shall
negotiate and reach agreement on local levels of
performance based on the State adjusted levels of
performance established under subsection (b)(3)(A).
(3) Adjustment factors.--In negotiating the local
levels of performance, the local board, the chief
elected official, and the Governor shall make
adjustments for the expected economic conditions and
the expected characteristics of participants to be
served in the local area, using the statistical
adjustment model developed pursuant to subsection
(b)(3)(A)(viii). In addition, the negotiated local
levels of performance applicable to a program year
shall be revised to reflect the actual economic
conditions experienced and the characteristics of the
populations served in the local area during such
program year using the statistical adjustment model.
(d) Performance Reports.--
[(1) In general.--Not later than 12 months after the
date of enactment of this Act, the Secretary of Labor,
in conjunction with the Secretary of Education, shall
develop a template for performance reports that shall
be used by States, local boards, and eligible providers
of training services under section 122 to report on
outcomes achieved by the core programs. In developing
such templates, the Secretary of Labor, in conjunction
with the Secretary of Education, will 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.]
(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) Contents of state performance reports.--The
performance report for a State shall include, subject
to paragraph (5)(C)--
(A) information specifying the levels of
performance achieved with respect to the
primary indicators of performance described in
subsection (b)(2)(A) for each of the programs
described in subsection (b)(3)(A)(ii) and the
State adjusted levels of performance with
respect to such indicators for each program;
(B) information specifying the levels of
performance achieved with respect to the
primary indicators of performance described in
subsection (b)(2)(A) for each of the programs
described in subsection (b)(3)(A)(ii) with
respect to individuals with barriers to
employment, disaggregated by each subpopulation
of such individuals, and by race, ethnicity,
sex, and age;
(C) the total number of participants served
by each of the programs described in subsection
(b)(3)(A)(ii);
(D) the number of participants who received
career and training services, respectively,
during the most recent program year and the 3
preceding program years, and the amount of
funds spent on each type of service;
(E) the number of participants who exited
from career and training services,
respectively, during the most recent program
year and the 3 preceding program years;
(F) the average cost per participant of those
participants who received career and training
services, respectively, during the most recent
program year and the 3 preceding program years;
(G) the percentage of participants in a
program authorized under this subtitle who
received training services and obtained
unsubsidized employment in a field related to
the training received;
(H) the number of individuals with barriers
to employment served by each of the programs
described in subsection (b)(3)(A)(ii),
disaggregated by each subpopulation of such
individuals;
(I) the number of participants who are
enrolled in more than 1 of the programs
described in subsection (b)(3)(A)(ii);
(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;
[(J)] (K) the percentage of the State's
annual allotment under section 132(b) that the
State spent on administrative costs;
[(K)] (L) in the case of a State in which
local areas are implementing pay-for-
performance contract [strategies for programs--
]
[(i) the performance] strategies for
programs, the performance of service
providers entering into contracts for
such strategies, measured against the
levels of performance specified in the
contracts for such strategies; and
[(ii) an evaluation of the design of
the programs and performance of the
strategies, and, where possible, the
level of satisfaction with the
strategies among employers and
participants benefitting from the
strategies; and]
[(L)] (M) other information that facilitates
comparisons of programs with programs in other
States.
(3) Contents of local area performance reports.--The
performance reports for a local area shall include,
subject to paragraph (6)(C)--
(A) the information specified in
subparagraphs (A) through (L) of paragraph (2),
for each of the programs described in
subclauses (I) through (III) of subsection
(b)(3)(A)(ii);
(B) the percentage of the local area's
allocation under sections 128(b) and 133(b)
that the local area spent on administrative
costs; [and]
(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
[(C)] (E) other information that facilitates
comparisons of programs with programs in other
local areas (or planning regions, as
appropriate).
[(4) Contents of eligible training providers
performance reports.--The performance report for an
eligible provider of training services under section
122 shall include, subject to paragraph (6)(C), with
respect to each program of study (or the equivalent) of
such provider--
[(A) 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);
[(B) the total number of individuals exiting
from the program of study (or the equivalent);
[(C) the total number of participants who
received training services through each of the
adult program and the 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;
[(D) 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;
[(E) 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
[(F) the number of individuals with barriers
to employment served by each of the adult
program and the dislocated worker program
authorized under chapter 3 of subtitle B,
disaggregated by each subpopulation of such
individuals, and by race, ethnicity, sex, and
age.]
(4) Contents of eligible training providers
performance report.--
(A) In general.--The State shall use the
information submitted by the eligible providers
of training services under section 122 and
administrative records, including quarterly
wage records, of the participants of the
programs offered by the providers to produce a
performance report on the eligible providers of
training services in the State, which shall
include, subject to paragraph (6)(C)--
(i) with respect to each program of
study (or the equivalent) of such a
provider--
(I) information specifying
the levels of performance
achieved with respect to the
primary indicators of
performance described in
subclauses (I) through (IV) of
subsection (b)(2)(A)(i) with
respect to all individuals
engaging in the program of
study (or the equivalent); and
(II) the total number of
individuals exiting from the
program of study (or the
equivalent); and
(ii) with respect to all such
providers--
(I) the total number of
participants who received
training services through each
adult and dislocated worker
program authorized under
chapter 3 of subtitle B,
disaggregated by the type of
entity that provided the
training, during the most
recent program year and the 3
preceding program years;
(II) the total number of
participants who exited from
training services,
disaggregated by the type of
entity that provided the
training, during the most
recent program year and the 3
preceding program years;
(III) the average cost per
participant for the
participants who received
training services,
disaggregated by the type of
entity that provided the
training, during the most
recent program year and the 3
preceding program years; and
(IV) the number of
individuals with barriers to
employment served by each adult
and dislocated worker program
authorized under chapter 3 of
subtitle B, disaggregated by
each subpopulation of such
individuals, and by race,
ethnicity, sex, and age.
(iii) with respect to each recognized
postsecondary credential on the list of
credentials awarded by eligible
providers in the State described in
section 116(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.
(5) Data validation.--In preparing the State reports
described in this subsection, each State shall
establish procedures, consistent with guidelines issued
by the Secretary, in conjunction with the Secretary of
Education, to ensure the information contained in the
reports is valid and reliable.
(6) Publication.--
[(A) State performance reports.--The
Secretary of Labor and the Secretary of
Education shall annually make available
(including by electronic means), in an easily
understandable format, the performance reports
for States containing the information described
in paragraph (2).]
(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.
(B) Local area and eligible training provider
performance reports.--The State shall make
available [(including by electronic means), in
an easily understandable format,] the
performance reports for the local areas
containing the information described in
paragraph (3) and the performance reports for
eligible providers of training services
containing the information described in
paragraph (4). 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) Rules for reporting of data.--The
disaggregation of data under this subsection
shall not be required when the number of
participants in a category is insufficient to
yield statistically reliable information or
when the results would reveal personally
identifiable information about an individual
participant.
(D) Dissemination to congress.--The Secretary
of Labor and the Secretary of Education shall
make available (including by electronic means)
a summary of the reports, and the reports,
required under this subsection 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.
The Secretaries shall prepare and make
available with the reports a set of
recommendations for improvements in and
adjustments to pay-for-performance contract
strategies used under subtitle B.
(e) Evaluation of State Programs.--
(1) In general.--Using funds authorized under a core
program and made available to carry out this section,
the State, in coordination with local boards in the
State and the State agencies responsible for the
administration of the core programs, [shall conduct
ongoing] shall use data to conduct analyses and ongoing
evaluations of activities carried out in the State
under such programs. The State, local boards, and State
agencies shall [conduct the] conduct such analyses and
evaluations in order to promote, establish, implement,
and utilize methods for continuously improving core
program activities in order to achieve high-level
performance within, and high-level outcomes from, the
workforce development system. The State shall
coordinate the evaluations with the evaluations
provided for by the Secretary of Labor and the
Secretary of Education under section 169, section
242(c)(2)(D), and sections 12(a)(5), 14, and 107 of the
Rehabilitation Act of 1973 (29 U.S.C. 709(a)(5), 711,
727) (applied with respect to programs carried out
under title I of that Act (29 U.S.C. 720 et seq.)) and
the investigations provided for by the Secretary of
Labor under section 10(b) of the Wagner-Peyser Act (29
U.S.C. 49i(b)).
(2) Design.--The evaluations conducted under this
subsection shall be designed in conjunction with the
State board, State agencies responsible for the
administration of the core programs, and local boards
and shall include analysis of customer feedback and
outcome and process measures in the statewide workforce
development system. The evaluations shall use designs
that employ the most rigorous analytical and
statistical methods that are reasonably feasible, such
as the use of control groups. 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.
(3) Results.--The State shall annually prepare,
submit to the State board and local boards in the
State, and make available to the public (including by
electronic means), reports containing the results of
evaluations conducted under this subsection, to promote
the efficiency and effectiveness of the workforce
development system.
(4) Cooperation with federal evaluations.--The State
shall, to the extent practicable, cooperate in the
conduct of evaluations (including related research
projects) provided for by the Secretary of Labor or the
Secretary of Education under the provisions of Federal
law identified in paragraph (1). Such cooperation shall
include the provision of data (in accordance with
appropriate privacy protections established by the
Secretary of Labor), the provision of responses to
surveys, and allowing site visits in a timely manner,
for the Secretaries or their agents.
[(f) Sanctions for State Failure To Meet State Performance
Accountability Measures.--
[(1) States.--
[(A) Technical Assistance.--If a State fails
to meet the State adjusted levels of
performance relating to indicators 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, including assistance in the
development of a performance improvement plan.
[(B) Reduction in amount of grant.--If such
failure continues for a second consecutive
year, or (except in the case of exceptional
circumstances as determined by the Secretary of
Labor or the Secretary of Education, as
appropriate) a State fails to submit a report
under subsection (d) for any program year, the
percentage of each amount that would (in the
absence of this paragraph) be reserved by the
Governor under section 128(a) 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 such State adjusted levels of
performance and has submitted such reports for
the appropriate program years.]
(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 paragraph) 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) Reallotment of reductions.--Any amounts not
reserved under section 128(a)(1) for a State for a
program year pursuant to paragraph (1)(B) or (2)(B) of
this subsection shall be realloted to other States in a
manner consistent with paragraph (1)(B) or (2)(B) of
section 132(b).
(g) Sanctions for Local Area Failure To Meet Local
Performance Accountability Measures.--
(1) Technical assistance.--If a local area fails to
meet 80 percent of the local performance
[accountability measures] 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 established under subsection (c) for the
youth, adult, or dislocated worker program authorized
under chapter 2 or 3 of subtitle B for any program
year, the Governor, or upon request by the Governor,
the Secretary of Labor, shall provide technical
assistance, which may include assistance in the
development of a performance improvement plan or the
development of a modified local plan (or regional
plan).
(2) Corrective actions.--
[(A) In general.--If such failure continues
for a third consecutive year, the Governor
shall take corrective actions, which shall
include 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 eligible
providers and one-stop partners
identified as achieving a poor level of
performance; or
[(iii) take such other significant
actions as the Governor determines are
appropriate.]
(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 provided (in the absence
of this clause) to the local area for
the immediately succeeding program year
under chapter 2 or 3 of subtitle B for
the program subject to the performance
failure;
(ii) in the case of a failure, as
described in paragraph (1), for a third
consecutive year, the development of a
reorganization plan through which the
Governor shall--
(I) require the appointment
and certification of a new
local board, consistent with
the criteria established under
section 107(b);
(II) prohibit the use of one-
stop partners identified as
achieving a poor level of
performance; and
(III) revise or redesignate a
local area, which may include
merging a local area with
another local area if the
Governor determines that the
likely cause of such continued
performance failure of a local
area is due to such local
area's designation being
granted without the appropriate
consideration of parameters
described under section
106(b)(1)(B); or
(iii) other significant actions
determined appropriate by the Governor.
(B) Appeal by local area.--
(i) Appeal to governor.--The local
board and chief elected official for a
local area that is subject to a
reorganization plan under subparagraph
(A)(ii) may, not later than 30 days
after receiving notice of the
reorganization plan, appeal to the
Governor to rescind or revise such
plan. In such case, the Governor shall
make a final decision not later than 30
days after the receipt of the appeal.
(ii) Subsequent action.--The local
board and chief elected official for a
local area may, not later than 30 days
after receiving a decision from the
Governor pursuant to clause (i), appeal
such decision to the Secretary of
Labor. In such case, the Secretary
shall make a final decision not later
than 30 days after the receipt of the
appeal.
(C) Effective Date.--The decision made by the
Governor under subparagraph (B)(i) shall become
effective at the time the Governor issues the
decision pursuant to such clause. Such decision
shall remain effective unless the Secretary of
Labor rescinds or revises such plan pursuant to
subparagraph (B)(ii).
(D) Reallocation of reductions.--Any amounts
not allocated under chapter 2 or 3 of subtitle
B to a local area for a program year pursuant
to subparagraph (A)(i) shall be reallocated to
other local areas in a manner consistent with
subparagraph (A) or (B) of section 133(b)(2) or
subparagraph (A) of section 128(b)(2), as
applicable.
(h) Establishing Pay-for-Performance Contract Strategy
Incentives.--Using [non-Federal funds] the funds reserved under
section 128(a)(1), the Governor may establish incentives for
local boards to implement pay-for-performance contract
strategies for the delivery of training services described in
section 134(c)(3) or activities described in section 129(c)(2)
in the local areas served by the local boards.
(i) Fiscal and Management Accountability Information
Systems.--
(1) In general.--Using funds authorized under a core
program and made available to carry out this chapter,
the Governor, in coordination with the State board, the
State agencies administering the core programs, local
boards, and chief elected officials in the State, shall
establish and operate a fiscal and management
accountability information system based on guidelines
established by the Secretary of Labor and the Secretary
of Education after consultation with the Governors of
States, chief elected officials, and one-stop partners.
Such guidelines shall promote efficient collection and
use of fiscal and management information for reporting
and monitoring the use of funds authorized under the
core programs and for preparing the annual report
described in subsection (d).
(2) Wage records.--In measuring the progress of the
State on State and local performance accountability
measures, a State shall utilize quarterly wage records,
consistent with State law, 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)). The Secretary of
Labor shall make arrangements, consistent with State
law, to ensure that the wage records of any State are
available to any other State to the extent that such
wage records are required by the State in carrying out
the State plan of the State or completing the annual
report described in subsection (d).
(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).
[(3)] (4) Confidentiality.--In carrying out the
requirements of this Act, the State shall comply with
section 444 of the General Education Provisions Act (20
U.S.C. 1232g).
Subtitle B--Workforce Investment Activities and Providers
CHAPTER 1--WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS
SEC. 121. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS.
(a) In general.--Consistent with an approved State plan, the
local board for a local area, with the agreement of the chief
elected official for the local area, shall--
(1) develop and enter into the memorandum of
understanding described in subsection (c) with one-stop
partners;
(2) designate or certify one-stop operators under
subsection (d); and
(3) conduct oversight with respect to the one-stop
delivery system in the local area.
(b) One-stop Partners.--
(1) Required partners.--
(A) Roles and responsibilities of one-stop
partners.--Each entity that carries out a
program or activities described in subparagraph
(B) in a local area shall--
(i) provide access through the one-
stop delivery system to such program or
activities carried out by the entity,
including making the career services
described in section 134(c)(2) that are
applicable to the program or activities
available at the one-stop centers (in
addition to any other appropriate
locations);
(ii) use a portion of the funds
available for the program and
activities to maintain the one-stop
delivery system, including payment of
the infrastructure costs of one-stop
centers in accordance with subsection
(h);
(iii) enter into a local memorandum
of understanding with the local board,
relating to the operation of the one-
stop system, that meets the
requirements of subsection (c);
(iv) participate in the operation of
the one-stop system consistent with the
terms of the memorandum of
understanding, the requirements of this
title, and the requirements of the
Federal laws authorizing the program or
activities; and
(v) provide representation on the
State board to the extent provided
under section 101.
(B) Programs and activities.--The programs
and activities referred to in subparagraph (A)
consist of--
(i) programs authorized under this
title;
(ii) programs authorized under the
Wagner-Peyser Act (29 U.S.C. 49 et
seq.);
(iii) adult education and literacy
activities authorized under title II;
(iv) programs authorized under title
I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.) (other than section
112 or part C of title I of such Act
(29 U.S.C. 732, 741);
(v) activities authorized under title
V of the Older Americans Act of 1965
(42 U.S.C. 3056 et seq.);
(vi) career and technical education
programs at the postsecondary level
authorized under the Carl D. Perkins
Career and Technical Education Act of
2006 (20 U.S.C. 2301 et seq.);
(vii) activities authorized under
chapter 2 of title II of the Trade Act
of 1974 (19 U.S.C. 2271 et seq.);
(viii) activities authorized under
chapter 41 of title 38, United States
Code;
(ix) employment and training
activities carried out under the
Community Services Block Grant Act (42
U.S.C. 9901 et seq.);
(x) employment and training
activities carried out by the
Department of Housing and Urban
Development;
(xi) programs authorized under State
unemployment compensation laws (in
accordance with applicable Federal
law); and
[(xii) programs authorized under
section 212 of the Second Chance Act of
2007 (42 U.S.C. 17532); and]
(xiii) programs authorized under part
A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.), subject to
subparagraph (C).
(C) Determination by the governor.--
(i) In general.--An entity that
carries out a program referred to in
subparagraph (B)(xiii) shall be
included in the one-stop partners for
the local area, as a required partner,
for purposes of this Act and the other
core program provisions that are not
part of this Act, unless the Governor
provides the notification described in
clause (ii).
(ii) Notification.--The notification
referred to in clause (i) is a
notification that--
(I) is made in writing of a
determination by the Governor
not to include such entity in
the one-stop partners described
in clause (i); and
(II) is provided to the
Secretary of Labor (referred to
in this subtitle, and subtitles
C through E, as the
``Secretary'') and the
Secretary of Health and Human
Services.
(2) Additional partners.--
(A) In general.--[With] At the direction of
the Governor or with the approval of the local
board and chief elected official, in addition
to the entities described in paragraph (1),
other entities that carry out workforce
development programs described in subparagraph
(B) may be one-stop partners for the local area
and carry out the responsibilities described in
paragraph (1)(A).
(B) Programs.--The programs referred to in
subparagraph (A) may include--
(i) employment and training programs
administered by the Social Security
Administration, including the Ticket to
Work and Self-Sufficiency Program
established under section 1148 of the
Social Security Act (42 U.S.C. 1320b-
19);
(ii) employment and training programs
carried out by the Small Business
Administration;
(iii) programs authorized under
section 6(d)(4) of the Food and
Nutrition Act of 2008 (7 U.S.C.
2015(d)(4));
(iv) work programs authorized under
section 6(o) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2015(o));
(v) programs carried out under
section 112 of the Rehabilitation Act
of 1973 (29 U.S.C. 732);
(vi) programs authorized under the
National and Community Service Act of
1990 (42 U.S.C. 12501 et seq.); [and]
(vii) workforce and economic
development programs carried out by the
Economic Development Administration;
and
[(vii)] (viii) other appropriate
Federal, State, or local programs,
including employment, education, and
training programs provided by public
libraries or in the private sector.
(c) Memorandum of Understanding.--
(1) Development.--The local board, with the agreement
of the chief elected official, shall develop and enter
into a memorandum of understanding (between the local
board and the one-stop partners), consistent with
paragraph (2), concerning the operation of the one-stop
delivery system in the local area.
(2) Contents.--Each memorandum of understanding shall
contain--
(A) provisions describing--
(i) the services to be provided
through the one-stop delivery system
consistent with the requirements of
this section, including the manner in
which the services will be coordinated
and delivered through such system;
(ii) how the costs of such services
and the operating costs of such system
will be funded, including--
(I) funding through cash and
in-kind contributions (fairly
evaluated), which contributions
may include funding from
philanthropic organizations or
other private entities, or
through other alternative
financing options, to provide a
stable and equitable funding
stream for ongoing one-stop
delivery system operations; and
(II) funding of the
infrastructure costs of one-
stop centers in accordance with
subsection (h);
(iii) methods of referral of
individuals between the one-stop
operator and the one-stop partners for
appropriate services and activities;
(iv) methods to ensure the needs of
workers and youth, and individuals with
barriers to employment, including
individuals with disabilities, are
addressed in the provision of necessary
and appropriate access to services,
including access to technology and
materials, made available through the
one-stop delivery system; and
(v) the duration of the memorandum of
understanding and the procedures for
amending the memorandum during the
duration of the memorandum, and
assurances that such memorandum shall
be reviewed not less than once every 3-
year period to ensure appropriate
funding and delivery of services; and
(B) such other provisions, consistent with
the requirements of this title, as the parties
to the agreement determine to be appropriate.
(d) One-stop Operators.--
(1) Local designation and certification.--Consistent
with paragraphs (2) and (3), the local board, with the
agreement of the chief elected official, is authorized
to designate or certify one-stop operators and to
terminate for cause the eligibility of such operators.
(2) Eligibility.--To be eligible to receive funds
made available under this subtitle to operate a one-
stop center referred to in subsection (e), an entity
(which may be a consortium of entities)--
(A) shall be designated or certified as a
one-stop operator through a competitive
process; and
(B) shall be an entity (public, private, or
nonprofit), or consortium of entities
(including a consortium of entities that, at a
minimum, includes 3 or more of the one-stop
partners described in subsection (b)(1)), of
demonstrated effectiveness, located in the
local area, which may include--
(i) an institution of higher
education or an area career and
technical education school;
(ii) an employment service State
agency established under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.), on
behalf of the local office of the
agency;
(iii) a community-based organization,
nonprofit organization, or
intermediary;
(iv) a private for-profit entity;
(v) a government agency; [and]
(vi) a public library;
(vii) a local board that meets the
requirements of paragraph (4); and
[(vi)] (viii) another interested
organization or entity, which may
include a local chamber of commerce or
other business organization, or a labor
organization joint labor-management
organization.
(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.
[(3)] (5) Exception.--Elementary schools and
secondary schools shall not be eligible for designation
or certification as one-stop operators, except that
nontraditional public secondary schools and area career
and technical education schools may be eligible for
such designation or certification.
[(4)] (6) Additional requirements.--The State and
local boards shall ensure that in carrying out
activities under this title, one-stop operators--
(A) disclose any potential conflicts of
interest arising from the relationships of the
operators with particular training service
providers or other service providers;
(B) do not establish practices that create
disincentives to providing services to
individuals with barriers to employment who may
require longer-term services, such as intensive
employment, training, and education services;
and
(C) comply with Federal regulations, and
procurement policies, relating to the
calculation and use of profits.
(e) Establishment of One-stop Delivery System.--
(1) In general.--There shall be established in each
local area in a State that receives an allotment under
section 132(b) a one-stop delivery system, which
shall--
(A) provide the career services described in
section 134(c)(2);
(B) provide access to training services as
described in section 134(c)(3), including
serving as the point of access to training
services for participants in accordance with
section 134(c)(3)(G);
(C) provide access to the employment and
training activities carried out under section
134(d), if any;
(D) provide access to programs and activities
carried out by one-stop partners described in
subsection (b); and
(E) provide access to the data, information,
and analysis described in section 15(a) of the
Wagner-Peyser Act (29 U.S.C. 49l-2(a)) and all
job search, placement, recruitment, and other
labor exchange services authorized under the
Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(2) One-stop delivery.--The one-stop delivery
system--
[(A) at a minimum, shall make each of the
programs, services, and activities described in
paragraph (1) accessible at not less than 1
physical center in each local area of the
State; and]
(A) shall make each of the programs,
services, and activities described in paragraph
(1) accessible--
(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
(B) may also make programs, services, and
activities described in paragraph (1)
available--
(i) through a network of affiliated
sites (such as any of the entities
described in subsection (d)(2)(B)) that
can provide 1 or more of the programs,
services, and activities to
individuals; and
(ii) through a network of eligible
one-stop partners--
(I) in which each partner
provides 1 or more of the
programs, services, and
activities to such individuals
and is accessible at an
affiliated site that consists
of a physical location or an
electronically or
technologically linked access
point; and
(II) that assures individuals
that information on the
availability of the career
services will be available
regardless of where the
individuals initially enter the
statewide workforce development
system, including information
made available through an
access point described in
subclause (I);
(C) may have specialized centers (which may
be virtual or physical centers) to address
special needs, such as the needs of dislocated
workers, youth, or key industry sectors or
clusters; and
(D) [as applicable and practicable, shall] in
the case of a one-stop delivery system that is
making each of the programs, services, and
activities described in paragraph (1)
accessible at not less than 1 physical center,
as described in subparagraph (A)(ii), the one-
stop delivery system shall, as applicable and
practicable, make programs, services, and
activities accessible to individuals through
electronic means in a manner that improves
efficiency, coordination, and quality in the
delivery of one-stop partner services[.]; and
(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.
(3) Colocation of wagner-peyser services.--Consistent
with section 3(d) of the Wagner-Peyser Act (29 U.S.C.
49b(d)), and in order to improve service delivery,
avoid duplication of services, and enhance coordination
of services, including location of staff to ensure
access to services in underserved areas, the employment
service offices in each State shall be colocated with
one-stop centers established under this title.
(4) Use of common one-stop delivery system
identifier.--In addition to using any State or locally
developed identifier, each one-stop delivery system
shall include in the identification of products,
programs, activities, services, facilities, and related
property and materials, a common one-stop delivery
system identifier. The identifier shall be developed by
the Secretary, in consultation with heads of other
appropriate departments and agencies, and
representatives of State boards and local boards and of
other stakeholders in the one-stop delivery system, not
later than the beginning of the second full program
year after the date of enactment of this Act. Such
common identifier may consist of a logo, phrase, or
other identifier that informs users of the one-stop
delivery system that such products, programs,
activities, services, facilities, property, or
materials are being provided through such system.
Nothing in this paragraph shall be construed to
prohibit one-stop partners, States, or local areas from
having additional identifiers.
(f) Application to Certain Vocational Rehabilitation
Programs.--
(1) Limitation.--Nothing in this section shall be
construed to apply to part C of title I of the
Rehabilitation Act of 1973 (29 U.S.C. 741).
(2) Client assistance.--Nothing in this Act shall be
construed to require that any entity carrying out a
client assistance program authorized under section 112
of the Rehabilitation Act of 1973 (29 U.S.C. 732)--
(A) be included as a mandatory one-stop
partner under subsection (b)(1); or
(B) if the entity is included as an
additional one-stop partner under subsection
(b)(2)--
(i) violate the requirement of
section 112(c)(1)(A) of that Act (29
U.S.C. 732(c)(1)(A)) that the entity be
independent of any agency that provides
treatment, services, or rehabilitation
to individuals under that Act; or
(ii) carry out any activity not
authorized under section 112 of that
Act (including appropriate Federal
regulations).
(g) Certification and Continuous Improvement of One-stop
Centers.--
(1) In general.--In order to be eligible to receive
infrastructure funding described in subsection (h), the
State board, in consultation with chief elected
officials and local boards, shall establish objective
criteria and procedures for use by local boards in
assessing at least once every 3 years the
effectiveness, physical and programmatic accessibility
in accordance with section 188, if applicable, and the
Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), and continuous improvement of one-stop
centers and the one-stop delivery system, consistent
with the requirements of section 101(d)(6).
(2) Criteria.--The criteria and procedures developed
under this subsection shall include standards relating
to service coordination achieved by the one-stop
delivery system with respect to the programs
administered by the one-stop partners at the one-stop
centers. Such criteria and procedures shall--
(A) be developed in a manner that is
consistent with the guidelines, guidance, and
policies provided by the Governor and by the
State board, in consultation with the chief
elected officials and local boards, for such
partners' participation [under subsections
(h)(1)] under subsections (h)(1)(C) and (i);
and
(B) include such factors relating to the
effectiveness, accessibility, and improvement
of the one-stop delivery system as the State
board determines to be appropriate, including
at a minimum how well the one-stop center--
(i) supports the achievement of the
negotiated local levels of performance
for the indicators of performance
described in section 116(b)(2) for the
local area;
(ii) integrates available services;
and
(iii) meets the workforce development
and employment needs of local employers
and participants.
(3) Local criteria.--Consistent with the criteria
developed under paragraph (1) by the State, a local
board in the State may develop additional criteria (or
higher levels of service coordination than required for
the State-developed criteria) relating to service
coordination achieved by the one-stop delivery system,
for purposes of assessments described in paragraph (1),
in order to respond to labor market, economic, and
demographic, conditions and trends in the local area.
(4) Effect of certification.--One-stop centers
certified under this subsection shall be eligible to
receive the infrastructure funding described in
subsection (h).
(5) Review and update.--The criteria and procedures
established under this subsection shall be reviewed and
updated by the State board or the local board, as the
case may be, as part of the biennial process for review
and modification of State and local plans described in
sections 102(c)(2) and 108(a).
(h) Funding of One-stop Infrastructure.--
[(1) In general.--
[(A) Options for infrastructure funding.--
[(i) Local options.--The local board,
chief elected officials, and one-stop
partners described in subsection (b)(1)
in a local area may fund the costs of
infrastructure of one-stop centers in
the local area through--
[(I) methods agreed on by the
local board, chief elected
officials, and one-stop
partners (and described in the
memorandum of understanding
described in subsection (c));
or
[(II) if no consensus
agreement on methods is reached
under subclause (I), the State
infrastructure funding
mechanism described in
paragraph (2).
[(ii) Failure to reach consensus
agreement on funding methods.--
Beginning July 1, 2016, if the local
board, chief elected officials, and
one-stop partners described in
subsection (b)(1) in a local area fail
to reach consensus agreement on methods
of sufficiently funding the costs of
infrastructure of one-stop centers for
a program year, the State
infrastructure funding mechanism
described in paragraph (2) shall be
applicable to such local area for that
program year and for each subsequent
program year for which those entities
and individuals fail to reach such
agreement.
[(B) Guidance for infrastructure funding.--In
addition to carrying out the requirements
relating to the State infrastructure funding
mechanism described in paragraph (2), the
Governor, after consultation with chief elected
officials, local boards, and the State board,
and consistent with the guidance and policies
provided by the State board under subparagraphs
(B) and (C)(i) of section 101(d)(7), shall
provide, for the use of local areas under
subparagraph (A)(i)(I)--
[(i) guidelines for State-
administered one-stop partner programs,
for determining such programs'
contributions to a one-stop delivery
system, based on such programs'
proportionate use of such system
consistent with chapter II of title 2,
Code of Federal Regulations (or any
corresponding similar regulation or
ruling), including determining funding
for the costs of infrastructure, which
contributions shall be negotiated
pursuant to the memorandum of
understanding under subsection (c); and
[(ii) guidance to assist local
boards, chief elected officials, and
one-stop partners in local areas in
determining equitable and stable
methods of funding the costs of
infrastructure of one-stop centers in
such areas.]
[(2)] (1) State one-stop infrastructure funding.--
(A) Definition.--In this paragraph, the term
``covered portion'', used with respect to
funding for a fiscal year for a program
described in subsection (b)(1), means a portion
determined under subparagraph (C) of the
Federal funds provided to a State (including
local areas within the State) under the Federal
law authorizing that program described in
subsection (b)(1) for the fiscal year (taking
into account the availability of funding for
purposes related to infrastructure from
philanthropic organizations, private entities,
or other alternative financing options).
[(B) Partner contributions.--Subject to
subparagraph (D), for local areas in a State
that are not covered by paragraph (1)(A)(i)(I),
the covered portions of funding for a fiscal
year shall be provided to the Governor from the
programs described in subsection (b)(1), to
assist in paying the costs of infrastructure of
one-stop centers in those local areas of the
State not adequately funded under the option
described in paragraph (1)(A)(i)(I).]
(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.
(C) Determination of governor.--
(i) In general.--Subject to clause
(ii) and subparagraph (D), the
Governor, after consultation with chief
elected officials, local boards, and
the State board, shall determine the
portion of funds to be provided under
subparagraph (B) by each one-stop
partner from each program described in
subparagraph (B). In making such
determination for the purpose of
determining funding contributions, [for
funding pursuant to clause (i)(II) or
(ii) of paragraph (1)(A) by each
partner,] the Governor shall calculate
amounts for the proportionate use of
the one-stop centers in the State,
consistent with chapter II of title 2,
Code of Federal Regulations (or any
corresponding similar regulation or
ruling), taking into account the costs
of administration of the one-stop
delivery system for purposes not
related to one-stop centers, for each
partner. The Governor shall exclude
from such determination of funds the
amounts for proportionate use of one-
stop centers attributable to the
programs of one-stop partners for those
local areas of the State where the
costs of infrastructure of one-stop
centers are funded under the option
described in paragraph (1)(A)(i)(I).
[The Governor shall also take into
account the statutory requirements for
each partner program and the partner
program's ability to fulfill such
requirements.]
(ii) Special Rule.--In a State in
which the State constitution or a State
statute places policymaking authority
that is independent of the authority of
the Governor in an entity or official
with respect to the funds provided for
adult education and literacy activities
authorized under title II,
postsecondary career and technical
education activities authorized under
the Carl D. Perkins Career and
Technical Education Act of 2006 (20
U.S.C. 2301 et seq.), or vocational
rehabilitation services offered [under
a provision covered by section
3(13)(D)] under a provision covered by
subparagraph (D) of the definition of
the term ``core program provision''
under section 3, the determination
described in clause (i) with respect to
the programs authorized under that
title, Act, or provision shall be made
by the chief officer of the entity, or
the official, with such authority in
consultation with the Governor.
(D) Limitations.--
(i) Provision from administrative
funds.--
(I) In general.--Subject to
subclause (II), the funds
provided under this paragraph
by each one-stop partner shall
be provided only from funds
available for the costs of
administration under the
program administered by such
partner, and shall be subject
to the program's limitations
with respect to the portion of
funds under such program that
may be used for administration.
(II) Exceptions.--Nothing in
this clause shall be construed
to apply to the programs
carried out under this title,
or under title V of the Older
Americans Act of 1965 (42
U.S.C. 3056 et seq.).
(ii) Cap on required contributions.--
[For local areas in a State that are
not covered by paragraph (1)(A)(i)(I),
the] The following rules shall apply:
(I) [WIA] WIOA formula
programs and employment
service.--The portion of funds
required to be contributed
under this paragraph from a
program authorized under
chapter 2 or 3, or the Wagner-
Peyser Act (29 U.S.C. 49 et
seq.) shall not exceed [3
percent] 5 percent of the
amount of Federal funds
provided to carry out that
program in the State for a
fiscal year.
(II) Other one-stop
partners.--The portion of funds
required to be contributed
under this paragraph from a
program described in subsection
(b)(1) other than the programs
described in subclause (I)
shall not exceed 1.5 percent of
the amount of Federal funds
provided to carry out that
program in the State for a
fiscal year.
[(III) Vocational
rehabilitation.--
Notwithstanding subclauses (I)
and (II), an entity
administering a program
described in subsection
(b)(1)(B)(iv) shall not be
required to provide from that
program, under this paragraph,
a portion that exceeds--
[(aa) 0.75 percent of
the amount of Federal
funds provided to carry
out such program in the
State for the second
full program year that
begins after the date
of enactment of this
Act;
[(bb) 1.0 percent of
the amount provided to
carry out such program
in the State for the
third full program year
that begins after such
date;
[(cc) 1.25 percent of
the amount provided to
carry out such program
in the State for the
fourth full program
year that begins after
such date; and
[(dd) 1.5 percent of
the amount provided to
carry out such program
in the State for the
fifth and each
succeeding full program
year that begins after
such date.]
(iii) Federal direct spending
programs.--[For local areas in a State
that are not covered by paragraph
(1)(A)(i)(I), an] An entity
administering a program funded with
direct spending as defined in section
250(c)(8) of the Balanced Budget and
Emergency Deficit Control Act of 1985,
as in effect on February 15, 2014 (2
U.S.C. 900(c)(8)) shall not be required
to provide, for purposes of this
paragraph, an amount in excess of the
amount determined under subparagraph
(C)(i) to be equivalent to the cost of
the proportionate use of the one-stop
centers for the one-stop partner for
such program in the State.
(iv) Native American Programs.--One-
stop partners for Native American
programs established under section 166
shall not be subject to the provisions
of this subsection (other than this
clause) or subsection (i). For purposes
of subsection (c)(2)(A)(ii)(II), the
method for determining the appropriate
portion of funds to be provided by such
partners to pay for the costs of
infrastructure of a one-stop center
shall be determined as part of the
development of the memorandum of
understanding under subsection (c) for
the one-stop center and shall be stated
in the memorandum.
(E) Appeal by one-stop partners.--The
Governor shall establish a process, described
under section 102(b)(2)(D)(i)(IV), for a one-
stop partner administering a program described
in subsection (b)(1) to appeal a determination
regarding the portion of funds to be provided
under this paragraph. Such a determination may
be appealed under the process on the basis that
such determination is inconsistent with the
requirements of this paragraph. Such process
shall ensure prompt resolution of the appeal in
order to ensure the funds are distributed in a
timely manner, consistent with the requirements
of section 182(e).
[(3)] (2) Allocation by governor.--
(A) In general.--From the funds provided
under paragraph (1), the Governor shall
allocate the funds to local areas described in
subparagraph (B) in accordance with the formula
established under subparagraph (B) for the
[purposes of assisting in] purpose of paying
the costs of infrastructure of one-stop
centers.
(B) Allocation formula.--The State board
shall develop a formula to be used by the
Governor to allocate the funds provided under
paragraph (1) to local areas [not funding costs
of infrastructure under the option described in
paragraph (1)(A)(i)(I)]. The formula shall be
based on factors including the number of one-
stop centers in a local area, the intensity of
services provided by such centers, the
population served by such centers, the services
provided by such centers, and other factors
relating to the performance of such centers
that the State board determines are
appropriate.
(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.
(4) Costs of infrastructure.--In this subsection, the
term ``costs of infrastructure'', used with respect to
a one-stop center, means the nonpersonnel costs that
are necessary for the general operation of the one-stop
center (whether for in-person or virtual service
delivery), including the rental costs of the
facilities, the costs of utilities and maintenance,
equipment (including assessment-related products and
assistive technology for individuals with
disabilities), and technology to facilitate access to
the one-stop center, including the center's planning
and outreach activities.
(i) Other funds.--
(1) In general.--Subject to the memorandum of
understanding described in subsection (c) for the one-
stop delivery system involved, in addition to the funds
provided to carry out subsection (h), a portion of
funds made available under Federal law authorizing the
programs described in subsection (b) and administered
by one-stop partners, or the noncash resources
available under such programs, shall be used to pay the
additional costs relating to the operation of the one-
stop delivery system that are not paid from the funds
provided under subsection (h), as determined in
accordance with paragraph (3), to the extent not
inconsistent with the Federal law involved. Such costs
shall include the costs of the provision of career
services described in section 134(c)(2) applicable to
each program and may include common costs that are not
paid from the funds provided under subsection (h).
(2) Shared services.--The costs described under
paragraph (1) may include costs of services that are
authorized for and may be commonly provided through the
one-stop partner programs to any individual, such as
initial intake, assessment of needs, appraisal of basic
skills, identification of appropriate services to meet
such needs, referrals to other one-stop partners, and
other similar services.
(3) Determination and guidance.--The method for
determining the appropriate portion of funds and
noncash resources to be provided by the one-stop
partner for each program under paragraph (1) for a one-
stop center shall be determined as part of the
development of the memorandum of understanding under
subsection (c) for the one-stop center and shall be
stated in the memorandum. The State board shall provide
guidance to facilitate the determination, for purposes
of the memorandum of understanding, of an appropriate
allocation of the funds and noncash resources in local
areas, consistent with the requirements of section
101(d)(6)(C).
SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES.
(a) Eligibility.--
[(1) In general.--Except as provided in subsection
(h), the Governor, after consultation with the State
board, shall establish criteria, information
requirements, and procedures regarding the eligibility
of providers of training services to receive funds
provided under section 133(b) for the provision of
training services in local areas in the State.]
(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) Providers.--Subject to the provisions of this
section, to be eligible to receive those funds for the
provision of training services, the provider shall be--
(A) an institution of higher education that
provides a program that leads to a recognized
postsecondary credential (other than an
institution of higher education described in
subparagraph (C));
(B) an entity that carries out programs
registered under the Act of August 16, 1937
(commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.); [or]
(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
[(C)] (D) another public or private provider
of a program of training services (including
providers of such a program that is conducted
(in whole or in part) online), which may
include joint labor-management organizations,
providers of entrepreneurial skills development
programs, industry or sector partnerships,
groups of employers, trade or professional
associations, and eligible providers of adult
education and literacy activities under title
II if such activities are provided in
combination with occupational skills training.
(3) Inclusion in list of eligible providers.--A
provider described in subparagraph (A) or [(C)] (D) of
paragraph (2) shall comply with the criteria,
information requirements, and procedures established
under this section to be included on the list of
eligible providers of training services described in
subsection (d). A provider described in [paragraph
(2)(B)] subparagraph (B) or (C) of paragraph (2) shall
be included and maintained on the list of eligible
providers of training services described in subsection
(d) for so long as the corresponding program of the
provider remains registered as described in paragraph
(2)(B) or remains eligible for the Federal Pell Grant
program as described in paragraph (2)(C).
[(b) Criteria and Information Requirements.--
[(1) State criteria.--In establishing criteria
pursuant to subsection (a), the Governor shall take
into account each of the following:
[(A) The performance of providers of training
services with respect to--
[(i) the performance accountability
measures and other matters for which
information is required under paragraph
(2); and
[(ii) other appropriate measures of
performance outcomes determined by the
Governor for those participants
receiving training services under this
subtitle (taking into consideration the
characteristics of the population
served and relevant economic
conditions), and the outcomes of the
program through which those training
services were provided for students in
general with respect to employment and
earnings as defined under section
116(b)(2).
[(B) The need to ensure access to training
services throughout the State, including in
rural areas, and through the use of technology.
[(C) Information reported to State agencies
with respect to Federal and State programs
involving training services (other than the
program carried out under this subtitle),
including one-stop partner programs.
[(D) The degree to which the training
programs of such providers relate to in-demand
industry sectors and occupations in the State.
[(E) The requirements for State licensing of
providers of training services, and the
licensing status of providers of training
services if applicable.
[(F) Ways in which the criteria can
encourage, to the extent practicable, the
providers to use industry-recognized
certificates or certifications.
[(G) The ability of the providers to offer
programs that lead to recognized postsecondary
credentials.
[(H) The quality of a program of training
services, including a program of training
services that leads to a recognized
postsecondary credential.
[(I) The ability of the providers to provide
training services to individuals who are
employed and individuals with barriers to
employment.
[(J) Such other factors as the Governor
determines are appropriate to ensure--
[(i) the accountability of the
providers;
[(ii) that the one-stop centers in
the State will ensure that such
providers meet the needs of local
employers and participants;
[(iii) the informed choice of
participants among training services
providers; and
[(iv) that the collection of
information required to demonstrate
compliance with the criteria is not
unduly burdensome or costly to
providers.
[(2) State information requirements.--The information
requirements established by the Governor shall require
that a provider of training services submit
appropriate, accurate, and timely information to the
State, to enable the State to carry out subsection (d),
with respect to participants receiving training
services under this subtitle in the applicable program,
including--
[(A) information on the performance of the
provider with respect to the performance
accountability measures described in section
116 for such participants (taking into
consideration the characteristics of the
population served and relevant economic
conditions), and information specifying the
percentage of such participants who entered
unsubsidized employment in an occupation
related to the program, to the extent
practicable;
[(B) information on recognized postsecondary
credentials received by such participants;
[(C) information on cost of attendance,
including costs of tuition and fees, for
participants in the program;
[(D) information on the program completion
rate for such participants; and
[(E) information on the criteria described in
paragraph (1).
[(3) Local criteria and information requirements.--A
local board in the State may establish criteria and
information requirements in addition to the criteria
and information requirements established by the
Governor, or may require higher levels of performance
than required for the criteria established by the
Governor, for purposes of determining the eligibility
of providers of training services to receive funds
described in subsection (a) for the provision of
training services in the local area involved.
[(4) Criteria and information requirements to
establish initial eligibility.--
[(A) Purpose.--The purpose of this paragraph
is to enable the providers of programs carried
out under chapter 3 to offer the highest
quality training services and be responsive to
in-demand and emerging industries by providing
training services for those industries.
[(B) Initial eligibility.--Providers may seek
initial eligibility under this paragraph as
providers of training services and may receive
that initial eligibility for only 1 fiscal year
for a particular program. The criteria and
information requirements established by the
Governor under this paragraph shall require
that a provider who has not previously been an
eligible provider of training services under
this section (or section 122 of the Workforce
Investment Act of 1998, as in effect on the day
before the date of enactment of this Act)
provide the information described in
subparagraph (C).
[(C) Information.--The provider shall provide
verifiable program-specific performance
information based on criteria established by
the State as described in subparagraph (D) that
supports the provider's ability to serve
participants under this subtitle.
[(D) Criteria.--The criteria described in
subparagraph (C) shall include at least--
[(i) a factor related to indicators
described in section 116;
[(ii) a factor concerning whether the
provider is in a partnership with
business;
[(iii) other factors that indicate
high-quality training services,
including the factor described in
paragraph (1)(H); and
[(iv) a factor concerning alignment
of the training services with in-demand
industry sectors and occupations, to
the extent practicable.
[(E) Provision.--The provider shall provide
the information described in subparagraph (C)
to the Governor and the local board in a manner
that will permit the Governor and the local
board to make a decision on inclusion of the
provider on the list of eligible providers
described in subsection (d).
[(F) Limitation.--A provider that receives
initial eligibility under this paragraph for a
program shall be subject to the requirements
under subsection (c) for that program after
such initial eligibility expires.]
(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 difference between--
(aa) the median
participant wages from
unsubsidized employment
during the second
quarter after program
exit; and
(bb) the median
earnings of
participants wages
during the quarter
prior to entering the
program, to
(II) The total cost of the
program (as described in
paragraph (5)(B)(iii)).
(C) Local criteria.--With respect to any
program receiving standard eligibility under
this section from a Governor, a local board in
the State may require higher levels of
performance than the minimum performance levels
established by the Governor under this
paragraph, but may not--
(i) require any information or
application from the provider that is
not required for such standard
eligibility; or
(ii) establish a performance
requirement with respect to any
criteria not listed in subparagraph
(B).
(3) Conditional eligibility.--
(A) Requirements.--
(i) In general.--The Governor shall
establish procedures and criteria for
conditional eligibility for a program
of a provider of training services that
does not meet the requirements under
subparagraph (2).
(ii) Procedures and criteria.--In
establishing the procedures and
criteria under this subparagraph for
conditional eligibility under this
paragraph, the Governor--
(I) shall establish the
maximum period, not to exceed a
4-year period, that a program
may receive and maintain such
conditional eligibility;
(II) with respect to a
program that has received
conditional eligibility for the
maximum period established
under subclause (I) and that is
seeking approval for an
additional period of
conditional eligibility, may
not consider such program for
such conditional eligibility
during the 3-year period that
begins on the day after the end
of most recent period for which
the program received
conditional eligibility; and
(III) may establish other
requirements related to program
performance, including setting
separate minimum levels of
performance on the criteria
described in paragraph (2) for
a program to maintain such
conditional eligibility.
(B) Payments.--Payments under this Act for
the provision of training services by a program
with conditional eligibility shall be made to
the provider of such program, on the basis of
the achievement of successful outcomes by a
participant of such training services, in
accordance with the following:
(i) Upon participant enrollment, the
provider shall receive not less than 25
percent of the total funds to be
provided under section 133(b) for the
provision of training services by such
program to such participant.
(ii) Upon participant completion and
credential attainment, the provider
shall receive not less than 25 percent
of such total funds.
(iii) Upon verification of the
participant's employment during the
second quarter after program
completion, the provider shall receive
not less than 25 percent of such total
funds.
(iv) The remainder of such total
funds may be awarded at any of the
intervals described in clauses (i)
through (iii) as determined by the
Governor in accordance with the
procedures established under
subparagraph (A).
(C) Limitation on billing participants.--With
respect to a program participant for whom a
provider expects to be paid pursuant to
subparagraph (B), the provider may not--
(i) charge such participant tuition
and refund such charges after receiving
such payments; or
(ii) if such program participant does
not achieve the outcomes necessary for
the provider to receive the provider's
full payment pursuant to subparagraph
(B) for such participant, bill a
participant for any of the amounts
described in subparagraph (B).
(4) Employer-sponsored or industry or sectoral
partnership designation.--
(A) In general.--The Governor shall establish
procedures and criteria for providers to apply
for an employer-sponsored designation for a
program that has received standard or
conditional eligibility under this paragraph,
which shall include a commitment from an
employer or an industry or sectoral partnership
to--
(i) pay to the provider, on behalf of
each participant enrolled in such
program under this Act, not less than
25 percent of the cost of the program
(as described in paragraph
(5)(B)(iii)), which shall be provided
in lieu of 25 percent of the amount
that the provider would have otherwise
received under section 133(b) for the
provision of training services by such
program to such participant; and
(ii) guarantee an interview and
consideration for a job with the
employer, or in the case of an industry
or sectoral partnership, an employer
within such partnership, for each such
participant that successfully completes
the program.
(B) Restriction on financial arrangement.--A
provider receiving an employer-sponsored
designation under this paragraph may not--
(i) have an ownership stake in the
employer or industry or sectoral
partnership making a commitment
described in subparagraph (A); or
(ii) enter into an arrangement to
reimburse an employer or partnership
for the costs of a participant paid by
such employer or partnership.
(5) Information requirements.--An eligible provider
shall submit appropriate, accurate, and timely
information to the Governor, to enable the Governor to
carry out subsection (d), with respect to all
participants of each eligible program (including
participants for whom the provider receives payments
under this title) offered by the provider, which
shall--
(A) be made available by the State in a
common, linked, open, and interoperable data
format;
(B) include information on--
(i) the performance of the program
with respect to the performance
accountability measures described in
section 116 for such participants;
(ii) the recognized postsecondary
credentials received by such
participants, including, in relation to
each such credential, the issuing
entity, any third-party endorsements,
the occupations for which the
credential prepares individuals, the
competencies achieved, the level of
mastery of such competencies (including
how mastery is assessed), and any
transfer value or stackability;
(iii) the total cost of the program,
including the costs of the published
tuition and fees, supplies, books, and
any other costs required by the
provider for participants in the
program;
(iv) the percentage of such
participants that complete the program
within the number of weeks that full-
time participants would take to
complete the program; 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.--
(1) Application procedures.--The procedures
established under subsection (a) shall identify the
application process for a provider of training services
to become eligible to receive funds provided under
section 133(b) for the provision of training services,
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). The
procedures shall identify the respective roles of the
State and local areas in receiving and reviewing the
applications and in making determinations of such
eligibility based on the criteria, information, and
procedures established under this section. The
procedures shall also establish a process for a
provider of training services to appeal a denial or
termination of eligibility under this section that
includes an opportunity for a hearing and prescribes
appropriate time limits to ensure prompt resolution of
the appeal.
(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).
[(2)] (3) Renewal procedures.--The procedures
established by the Governor shall also provide for
[biennial] annual review and renewal of eligibility
under this section for providers of training services
that continue to meet the requirements under subsection
(b). 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).
(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.--
(1) In general.--In order to facilitate and assist
participants in choosing employment and training
activities and in choosing providers of training
services, the Governor shall ensure that an appropriate
list of providers determined to be eligible under this
section to offer a program in the State (and, as
appropriate, in a local area), accompanied by
information identifying the recognized postsecondary
credential offered by the provider and other
appropriate information, is prepared. The list shall be
provided to the local boards in the State, and made
available to such participants and to members of the
public through the one-stop delivery system in the
State.
(2) Credential navigation feature.--In order to
enhance the ability of participants and employers to
understand and compare the value of the recognized
postsecondary credentials awarded by eligible programs
offered by providers of training services in a State,
the Governor shall establish (or develop in partnership
with other States), a credential navigation feature
that allows participants and the public to search a
list of such recognized postsecondary credentials, and
the providers and programs awarding such a credential,
which shall include, with respect to each such
credential (aggregated for all participants in the
State that have received such credential)--
(A) the information required under subsection
(b)(5)(B)(ii); and
(B) the employment and earnings outcomes
described in subclause (I) through (III) of
section 116(b)(2)(i).
[(2)] (3) Accompanying information.--The accompanying
information shall--
(A) with respect to providers described in
subparagraphs (A) and [(C)] (D) of subsection
(a)(2), consist of information provided by such
providers, disaggregated by local areas served,
as applicable, in accordance with subsection
(b);
[(B) with respect to providers described in
subsection (b)(4), consist of information
provided by such providers in accordance with
subsection (b)(4); and
[(C) such other information as the Governor
determines to be appropriate.]
(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;
(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.
[(3) Availability.--The list 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, in a manner that
does not reveal personally identifiable information
about an individual participant.]
(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.
(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.
[(4)] (6) Limitation.--In carrying out the
requirements of this subsection, no personally
identifiable information regarding a student, including
a Social Security number, student identification
number, or other identifier, may be disclosed without
the prior written consent of the parent or student in
compliance with section 444 of the General Education
Provisions Act (20 U.S.C. 1232g).
(e) Opportunity to submit comments.--In establishing, under
this section, criteria, [information requirements,] procedures,
and the list of eligible providers described in subsection (d),
the Governor shall provide an opportunity for interested
members of the public to make recommendations and submit
comments regarding such criteria, [information requirements,]
procedures, and list.
(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)] (g) Enforcement.--
(1) In general.--The procedures established under
this section shall provide the following:
(A) Intentionally supplying inaccurate
information.--Upon a determination, by an
individual or entity specified in the
procedures, that a provider of training
services, or individual providing information
on behalf of the provider, violated this
section (or section 122 of the Workforce
Investment Act of 1998, as in effect on the day
before the date of enactment of this Act) by
intentionally supplying inaccurate information
under this section, the eligibility of such
provider to receive funds under chapter 3 shall
be terminated for a period of time that is not
less than 2 years.
(B) Substantial violations.--Upon a
determination, by an individual or entity
specified in the procedures, that a provider of
training services substantially violated any
requirement under this title (or title I of the
Workforce Investment Act of 1998, as in effect
on the day before such date of enactment), the
eligibility of such provider to receive funds
under chapter 3 for the program involved shall
be terminated for a period of not less than 2
years.
(C) Repayment.--A provider of training
services whose eligibility is terminated under
subparagraph (A) or (B) shall be liable for the
repayment of funds received under chapter 5 of
subtitle B of title I of the Workforce
Investment Act of 1998, as in effect on the day
before such date of enactment, or chapter 3 of
this subtitle during a period of violation
described in such subparagraph.
(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).
(2) Construction.--Paragraph (1) shall be construed
to provide remedies and penalties that supplement, but
shall not supplant, civil and criminal remedies and
penalties specified in other provisions of law.
[(g)] (h) Agreements With Other States.--States may enter
into agreements, on a reciprocal basis, to permit eligible
providers of training services to accept individual training
accounts provided in another State.
[(h)] (i) On-the-job Training, Customized Training, Incumbent
Worker Training, and Other Training Exceptions.--
(1) In general.--Providers of on-the-job training,
[customized training] employer-directed skills
development, incumbent worker training, internships,
and paid or unpaid work experience opportunities, or
transitional employment shall not be subject to the
requirements of [subsections (a) through (f)]
subsections (a) through (g).
(2) Collection and dissemination of information.--[A
one-stop operator in a local area shall collect such
performance information from providers of on-the-job
training, customized training, incumbent worker
training, internships, paid or unpaid work experience
opportunities, and transitional employment as the
Governor may require, and use the information to
determine whether the providers meet such performance
criteria as the Governor may require.] 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. The one-stop
operator shall disseminate information identifying such
providers that meet the criteria as eligible providers,
and the performance information, through the one-stop
delivery system. Providers determined to meet the
criteria shall be considered to be identified as
eligible providers of training services.
[(i)] (j) Transition Period for Implementation.--The Governor
and local boards shall implement the requirements of this
section not later than 12 months 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 5 of subtitle B of title I of the Workforce Investment
Act of 1998, 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, 2015, or until such
earlier date as the Governor determines to be appropriate.
(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.
* * * * * * *
CHAPTER 2--YOUTH WORKFORCE INVESTMENT ACTIVITIES
* * * * * * *
SEC. 128. WITHIN STATE ALLOCATIONS.
(a) Reservations for Statewide Activities.--
(1) In general.--The Governor shall reserve not more
than 15 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 for
statewide workforce investment activities.
(2) Use of funds.--Regardless of whether the
[reserved amounts] reserved amounts under paragraph (1)
were allotted under section 127(b)(1)(C), or under
paragraph (1)(B) or (2)(B) of section 132(b), the
Governor may use the [reserved amounts] reserved
amounts under paragraph (1) to carry out statewide
activities under section 129(b) or statewide employment
and training activities, for adults or dislocated
workers, under section 134(a).
(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) Within State Allocations.--
(1) Methods.--The Governor, acting in accordance with
the State plan, and after consulting with chief elected
officials and local boards in the local areas, shall
allocate the funds that are allotted to the State for
youth activities and statewide workforce investment
activities under section 127(b)(1)(C) and are not
reserved under subsection (a), in accordance with
paragraph (2) or (3).
(2) Formula allocation.--
(A) Youth activities.--
(i) Allocation.--In allocating the
funds described in paragraph (1) to
local areas, a State may allocate--
(I) 33\1/3\ percent of the
funds on the basis described in
section 127(b)(1)(C)(ii)(I);
(II) 33\1/3\ percent of the
funds on the basis described in
section 127(b)(1)(C)(ii)(II);
and
(III) 33\1/3\ percent of the
funds on the basis described in
clauses (ii)(III) and (iii) of
section 127(b)(1)(C).
(ii) Minimum percentage.--The local
area shall not receive an allocation
percentage for a fiscal year that is
less than 90 percent of the average
allocation percentage of the local area
for the 2 preceding fiscal years.
Amounts necessary for increasing such
allocations to local areas to comply
with the preceding sentence shall be
obtained by ratably reducing the
allocations to be made to other local
areas under this subparagraph.
(iii) Definition.--In this
subparagraph, the term ``allocation
percentage'', used with respect to
fiscal year 2015 or a subsequent fiscal
year, means a percentage of the funds
referred to in clause (i), received
through an allocation made under this
subparagraph, for the fiscal year. The
term, used with respect to fiscal year
2013 or 2014, means a percentage of the
funds referred to in section 128(b)(1)
of the Workforce Investment Act of 1998
(as in effect on the day before the
date of enactment of this Act),
received through an allocation made
under paragraph (2) or (3) of section
128(b) of the Workforce Investment Act
of 1998 (as so in effect), for the
fiscal year 2013 or 2014, respectively.
(B) Application.--For purposes of carrying
out subparagraph (A)--
(i) references in section 127(b) to a
State shall be deemed to be references
to a local area;
(ii) references in section 127(b) to
all States shall be deemed to be
references to all local areas in the
State involved; and
(iii) except as described in clause
(i), references in section 127(b)(1) to
the term ``excess number'' shall be
considered to be references to the term
as defined in section 127(b)(2).
(3) Youth discretionary allocation.--In lieu of
making the allocation described in paragraph (2), in
allocating the funds described in paragraph (1) to
local areas, a State may distribute--
(A) a portion equal to not less than 70
percent of the funds in accordance with
paragraph (2)(A); and
(B) the remaining portion of the funds on the
basis of a formula that--
(i) incorporates additional factors
(other than the factors described in
paragraph (2)(A)) relating to--
(I) excess youth poverty in
urban, rural, and suburban
local areas; and
(II) excess unemployment
above the State average in
urban, rural, and suburban
local areas; and
(ii) was developed by the State board
and approved by the Secretary as part
of the State plan.
(4) Local administrative cost limit.--
(A) In general.--Of the amount allocated to a
local area under this subsection and section
133(b) for a fiscal year, not more than 10
percent of the amount may be used by the local
board involved for the administrative costs of
carrying out local workforce investment
activities under this chapter or chapter 3.
(B) Use of funds.--Funds made available for
administrative costs under subparagraph (A) may
be used for the administrative costs of any of
the local workforce investment activities
described in this chapter or chapter 3,
regardless of whether the funds were allocated
under this subsection or section 133(b).
(c) Reallocation Among Local Areas.--
(1) In general.--The Governor may, in accordance with
this subsection 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 section or a
corresponding provision of the Workforce Investment Act
of 1998 for youth workforce investment activities
(referred to individually in this subsection as a
``local allocation'') and that are available for
reallocation.
(2) 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 paragraph is made, exceeds
20 percent of such allocation for the prior program
year.
(3) Reallocation.--In making reallocations to
eligible local areas of amounts available pursuant to
paragraph (2) 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.
(4) Eligibility.--For purposes of this subsection, an
eligible local area means a local area that does not
have an amount available for reallocation under
paragraph (2) for the program year for which the
determination under paragraph (2) is made.
SEC. 129. USE OF FUNDS FOR YOUTH WORKFORCE INVESTMENT ACTIVITIES.
(a) Youth Participant Eligibility.--
(1) Eligibility.--
[(A) 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 out-of-school
youth or an in-school youth.]
(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) [Out-of-school] Opportunity youth.--In
this title, the term ``[out-of-school]
opportunity youth'' means an individual who
is--
(i) not attending any school (as
defined under State law), except that
an individual described in subparagraph
(IV) or (V) of clause (iii) may be
attending school;
(ii) not younger than age 16 or older
than age 24; and
(iii) one or more of the following:
(I) A school dropout.
(II) A youth who is within
the age of compulsory school
attendance, but has not
attended school for at least
the most recent complete school
year calendar quarter.
(III) A recipient of a
secondary school diploma or its
recognized equivalent who is a
low-income individual and is--
(aa) basic skills
deficient; or
(bb) an English
[language] learner.
(IV) An individual who is
subject to the juvenile or
adult justice system.
(V) A homeless individual (as
defined in section 41403(6) of
the Violence Against Women Act
of 1994 (42 U.S.C. 14043e-
2(6))), a homeless child or
youth (as defined in section
725(2) of the McKinney-Vento
Homeless Assistance Act (42
U.S.C. 11434a(2))), a runaway,
in foster care or has aged out
of the foster care system, a
child eligible for assistance
under section 477 of the Social
Security Act (42 U.S.C. 677),
or in an out-of-home placement.
(VI) An individual who is
pregnant or parenting.
(VII) A youth who is an
individual with a disability.
(VIII) A low-income
individual who requires
additional assistance to enter
or complete an educational
program or to secure or hold
employment.
(C) In-school youth.--In this section, the
term ``in-school youth'' means an individual
who is--
(i) attending school (as defined by
State law);
(ii) not younger than age 14 or
(unless an individual with a disability
who is attending school under State
law) older than age 21;
(iii) a low-income individual; and
(iv) one or more of the following:
(I) Basic skills deficient.
(II) An English [language]
learner.
[(III) An offender.
[(IV) A homeless individual
(as defined in section 41403(6)
of the Violence Against Women
Act of 1994 (42 U.S.C. 14043e-
2(6))), a homeless child or
youth (as defined in section
725(2) of the McKinney-Vento
Homeless Assistance Act (42
U.S.C. 11434a(2))), a runaway,
in foster care or has aged out
of the foster care system, a
child eligible for assistance
under section 477 of the Social
Security Act (42 U.S.C. 677),
or in an out-of-home
placement.]
[(V)] (III) Pregnant or
parenting.
[(VI)] (IV) A youth who is an
individual with a disability.
[(VII)] (V) An individual who
requires additional assistance
to complete an educational
program or to secure or hold
employment.
(2) Special rule.--For the purpose of this
subsection, the term ``low-income'', used with respect
to an individual, also includes a youth living in a
high-poverty area.
(3) Exception and limitation.--
(A) Exception for persons who are not low-
income individuals.--
(i) Definition.--In this
subparagraph, the term ``covered
individual'' means an in-school youth,
or an [out-of-school] opportunity youth
who is described in subclause (III) or
(VIII) of paragraph (1)(B)(iii).
(ii) Exception.--In each local area,
not more than [5] 10 percent of the
individuals assisted under this section
may be persons who would be covered
individuals, except that the persons
are not low-income individuals.
(B) Limitation.--In each local area, not more
than [5] 10 percent of the in-school youth
assisted under this section may be eligible
under paragraph (1) because the youth are in-
school youth described in [paragraph
(1)(C)(iv)(VII)] paragraph (1)(C)(iv)(V).
(4) [Out-of-school] Opportunity priority.--
(A) In general.--For any program year, not
less than [75] 65 percent of the funds allotted
under section 127(b)(1)(C), reserved under
section 128(a), and available for statewide
activities under subsection (b), and not less
than [75] 65 percent of the total amount of
funds available to local areas under subsection
(c) in the State, shall be used to provide
youth workforce investment activities for [out-
of-school] opportunity youth.
(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).
[(B)] (C) Exception.--A State that receives a
minimum allotment under section 127(b)(1) in
accordance with section 127(b)(1)(C)(iv) or
under section 132(b)(1) in accordance with
section 132(b)(1)(B)(iv) may decrease the
percentage described in subparagraph (A) to not
less than 50 percent for a local area in the
State, if--
(i) after an analysis of the in-
school youth and [out-of-school]
opportunity youth populations in the
local area, the State determines that
the local area will be unable to use at
least [75] 65 percent of the funds
available for activities under
subsection (c) to serve [out-of-school]
opportunity youth due to a low number
of [out-of-school] opportunity youth;
and
(ii)(I) the State submits to the
Secretary, for the local area, a
request including a proposed percentage
decreased to not less than 50 percent
for purposes of subparagraph (A), and a
summary of the analysis described in
clause (i); and
(II) the request is approved by the
Secretary.
(5) Consistency with compulsory school attendance
laws.--In providing assistance under this section to an
individual who is required to attend school under
applicable State compulsory school attendance laws, the
priority in providing such assistance shall be for the
individual to attend school regularly.
(b) Statewide Activities.--
(1) Required statewide youth activities.--Funds
reserved by a Governor as described in [sections
128(a)] sections 128(a)(1) and 133(a)(1) shall be used,
regardless of whether the funds were allotted to the
State under section 127(b)(1)(C) or under paragraph
(1)(B) or (2)(B) of section 132(b) for statewide
activities, which shall include--
(A) conducting evaluations under section
116(e) of activities authorized under this
chapter and chapter 3 in coordination with
evaluations carried out by the Secretary under
section 169(a);
(B) disseminating a list of eligible
providers of youth workforce investment
activities, as determined under section 123
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);
(C) providing assistance to local areas as
described in subsections (b)(7) and (c)(2) of
section 106, for local coordination of
activities carried out under this title;
(D) operating a fiscal and management
accountability information system under section
116(i);
(E) carrying out monitoring and oversight of
activities carried out under this chapter and
chapter 3, which may include a review comparing
the services provided to male and female youth;
and
(F) providing additional assistance to local
areas that have high concentrations of eligible
youth.
(2) Allowable statewide youth activities.--Funds
reserved by a Governor as described in [sections
128(a)] sections 128(a)(1) and 133(a)(1) may be used,
regardless of whether the funds were allotted to the
State under section 127(b)(1)(C) or under paragraph
(1)(B) or (2)(B) of section 132(b), for statewide
activities, which may include--
(A) conducting--
(i) research related to meeting the
education and employment needs of
eligible youth; and
(ii) demonstration projects related
to meeting the education and employment
needs of eligible youth;
(B) supporting the development of
alternative, evidence-based programs and other
activities that enhance the choices available
to eligible youth and encourage such youth to
reenter and complete secondary education,
enroll in postsecondary education and advanced
training, progress through a career pathway,
and enter into unsubsidized employment that
leads to economic self-sufficiency;
(C) supporting the provision of career
services described in section 134(c)(2) in the
one-stop delivery system in the State, which
may include providing guidance on career
options in in-demand industry sectors or
occupations;
(D) supporting financial literacy,
including--
(i) supporting the ability of
participants to create household
budgets, initiate savings plans, and
make informed financial decisions about
education, retirement, home ownership,
wealth building, or other savings
goals;
(ii) supporting the ability to manage
spending, credit, and debt, including
credit card debt, effectively;
(iii) increasing awareness of the
availability and significance of credit
reports and credit scores in obtaining
credit, including determining their
accuracy (and how to correct
inaccuracies in the reports and
scores), and their effect on credit
terms;
(iv) supporting the ability to
understand, evaluate, and compare
financial products, services, and
opportunities; [and]
(v) supporting activities that
address the particular financial
literacy needs of non-English speakers,
including providing the support through
the development and distribution of
multilingual financial literacy and
education materials; and
(vi) supporting the ability to
understand relevant tax information and
obligations;
(E) providing technical assistance to, as
appropriate, local boards, chief elected
officials, one-stop operators, one-stop
partners, and eligible providers, in local
areas, which provision of technical assistance
shall include the development and training of
staff, the development of exemplary program
activities, the provision of technical
assistance to local areas that fail to meet
local performance accountability measures
described in section 116(c), and the provision
of technology to facilitate remote access to
services provided through the one-stop delivery
system in the State[.];
(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).
(3) Limitation.--Not more than 5 percent of the funds
allotted to a State under section 127(b)(1)(C) shall be
used by the State for administrative activities carried
out under this subsection or section 134(a).
(c) Local Elements and Requirements.--
(1) Program design.--Funds allocated to a local area
for eligible youth under section 128(b) shall be used
to carry out, for eligible youth, programs that--
(A) provide an objective assessment of the
academic levels, skill levels, and service
needs of each participant, which assessment
shall include a review of basic skills,
occupational skills, prior work experience,
employability, interests, aptitudes (including
interests and aptitudes for nontraditional
jobs), supportive service needs, and
developmental needs of such participant, for
the purpose of identifying appropriate services
and career pathways for participants, except
that a new assessment of a participant is not
required if the provider carrying out such a
program determines it is appropriate to use a
recent assessment of the participant conducted
pursuant to another education or training
program;
(B) develop service strategies for each
participant that are directly linked to 1 or
more of the indicators of performance described
in section 116(b)(2)(A)(ii), and that shall
identify career pathways that include education
and employment goals (including, in appropriate
circumstances, nontraditional employment),
appropriate achievement objectives, and
appropriate services for the participant
(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) taking into account the
assessment conducted pursuant to subparagraph
(A), except that a new service strategy for a
participant is not required if the provider
carrying out such a program determines it is
appropriate to use a recent service strategy
developed for the participant under another
education or training program;
(C) provide--
(i) activities leading to the
attainment of a secondary school
diploma or its recognized equivalent,
or a recognized postsecondary
credential;
(ii) preparation for postsecondary
educational and training opportunities;
(iii) strong linkages between
academic instruction (based on
challenging State academic standards
established under section 1111(b)(1) of
the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(b)(1)) and
occupational education that lead to the
attainment of recognized postsecondary
credentials;
(iv) preparation for unsubsidized
employment opportunities, in
appropriate cases; and
(v) effective connections to
employers, including small employers,
in high-skill, high-wage, or in-demand
industry sectors and occupations of the
local and regional labor markets; and
(D) at the discretion of the local board,
implement a pay-for-performance contract
strategy for elements described in paragraph
(2), for which the local board may reserve and
use not more than [10] 40 percent of the total
funds allocated to the local area under section
128(b), except that after 2 consecutive years
of the local board implementing such a pay-for-
performance contract strategy, the local board
may reserve and use not more than 60 percent of
such total funds allocated to the local area
for such strategy if--
(i) the local board demonstrates to
the Governor that such strategy
resulted in performance improvements;
and
(ii) the Governor approves a request
to use such percentage of total funds.
(2) Program elements.--In order to support the
attainment of a secondary school diploma or its
recognized equivalent, entry into postsecondary
education, and career readiness for participants, the
programs described in paragraph (1) shall provide
elements consisting of--
(A) tutoring, study skills training,
instruction, and evidence-based dropout
prevention and recovery strategies that lead to
completion of the requirements for a secondary
school diploma or its recognized equivalent
(including a recognized certificate of
attendance or similar document for individuals
with disabilities) or for a recognized
postsecondary credential;
(B) alternative secondary school services, or
dropout recovery services, as appropriate;
(C) paid and unpaid work experiences that
have as a component academic and occupational
education, which may include--
(i) summer employment opportunities
and [other] year-round employment
opportunities available throughout the
school year that meet the requirements
of paragraph (10);
(ii) pre-apprenticeship programs;
(iii) internships [and job shadowing;
and] 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;
(iv) job shadowing; and
[(iv)] (v) on-the-job training
opportunities;
(D) occupational skill training, which shall
include priority consideration for training
programs that lead to recognized postsecondary
credentials that are aligned with in-demand
industry sectors or occupations in the local
area involved, if the local board determines
that the programs meet the quality criteria
described in section 123;
(E) education offered concurrently with and
in the same context as workforce preparation
activities and training for a specific
occupation or occupational cluster;
(F) leadership development opportunities,
which may include community service and peer-
centered activities encouraging responsibility
and other positive social and civic behaviors,
as appropriate;
(G) supportive services;
(H) [adult mentoring] coaching and adult
mentoring services for the period of
participation and a subsequent period, for a
total of not less than 12 months;
(I) followup services for not less than 12
months after the completion of participation,
as appropriate;
(J) comprehensive guidance and counseling,
which may include drug and alcohol abuse
counseling and referral, as appropriate;
(K) financial literacy education;
(L) entrepreneurial skills training;
(M) services that provide labor market and
employment information about high-skill, high-
wage, or in-demand industry sectors or
occupations available in the local area, such
as career awareness, career counseling, and
career exploration services; [and]
(N) activities that help youth prepare for
and transition to postsecondary education and
training[.]; and
(O) activities to develop fundamental
workforce readiness, which may include
creativity, collaboration, critical thinking,
digital literacy, persistence, and other
relevant skills.
(3) Additional requirements.--
(A) Information and referrals.--Each local
board shall ensure that each participant shall
be provided--
(i) information on the full array of
applicable or appropriate services that
are available through the local board
or other eligible providers or one-stop
partners, including those providers or
partners receiving funds under this
subtitle; and
(ii) referral to appropriate training
and educational programs that have the
capacity to serve the participant
either on a sequential or concurrent
basis.
(B) Applicants not meeting enrollment
requirements.--Each eligible provider of a
program of youth workforce investment
activities shall ensure that an eligible
applicant who does not meet the enrollment
requirements of the particular program or who
cannot be served shall be referred for further
assessment, as necessary, and referred to
appropriate programs in accordance with
subparagraph (A) to meet the basic skills and
training needs of the applicant.
(C) Involvement in design and
implementation.--The local board shall ensure
that parents, participants, and other members
of the community with experience relating to
programs for youth are involved in the design
and implementation of the programs described in
paragraph (1).
(4) Priority.--Not less than [20] 40 percent of the
funds allocated to the local area as described in
paragraph (1) shall be used to provide in-school youth
and [out-of-school] opportunity youth with activities
under paragraph (2)(C).
(5) Rule of construction.--Nothing in this chapter
shall be construed to require that each of the elements
described in subparagraphs of paragraph (2) be offered
by each provider of youth services or local area.
(6) Prohibitions.--
(A) Prohibition against federal control of
education.--No provision of this Act shall be
construed to authorize any department, agency,
officer, or employee of the United States to
exercise any direction, supervision, or control
over the curriculum, program of instruction,
administration, or personnel of any educational
institution, school, or school system, or over
the selection of library resources, textbooks,
or other printed or published instructional
materials by any educational institution,
school, or school system.
(B) Noninterference and nonreplacement of
regular academic requirements.--No funds
described in paragraph (1) shall be used to
provide an activity for eligible youth who are
not school dropouts if participation in the
activity would interfere with or replace the
regular academic requirements of the youth.
(7) Linkages.--In coordinating the programs
authorized under this section, local boards shall
establish linkages with local educational agencies
responsible for services to participants as
appropriate.
(8) Volunteers.--The local board shall make
opportunities available for individuals who have
successfully participated in programs carried out under
this section to volunteer assistance to participants in
the form of mentoring, tutoring, and other activities.
(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.
(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. 132. STATE ALLOTMENTS.
(a) In general.--The Secretary shall--
(1) make allotments and grants from the amount
appropriated under section 136(b) for a fiscal year in
accordance with subsection (b)(1); and
(2)(A) reserve 20 percent of the amount appropriated
under section 136(c) for the fiscal year for use under
subsection (b)(2)(A), and under sections 168(b)
(relating to dislocated worker technical assistance)[,
169(c) (relating to dislocated worker projects),] and
170 (relating to national dislocated worker grants),
and under subsections (c) (related to dislocated worker
projects) and (d) (related to workforce data quality
initiatives) of section 169; and
(B) make allotments from 80 percent of the amount
appropriated under section 136(c) for the fiscal year
in accordance with subsection (b)(2)(B).
(b) Allotment Among States.--
(1) Adult Employment and Training Activities.--
(A) Reservation for outlying areas.--
(i) In general.--From the amount made
available under subsection (a)(1) 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.
(ii) Applicability of additional
requirements.--From the amount reserved
under clause (i), the Secretary shall
provide assistance to the outlying
areas for adult employment and training
activities and statewide workforce
investment activities in accordance
with the requirements of section
127(b)(1)(B).
(B) States.--
(i) In general.--After determining
the amount to be reserved under
subparagraph (A), the Secretary shall
allot the remainder of the amount made
available under subsection (a)(1) for
that fiscal year to the States pursuant
to clause (ii) for adult employment and
training activities and statewide
workforce investment activities.
(ii) Formula.--Subject to clauses
(iii) and (iv), of the remainder--
(I) 33\1/3\ percent shall be
allotted on the basis of the
relative number of unemployed
individuals in areas of
substantial unemployment in
each State, compared to the
total number of unemployed
individuals in areas of
substantial unemployment in all
States;
(II) 33\1/3\ percent shall be
allotted on the basis of the
relative excess number of
unemployed individuals in each
State, compared to the total
excess number of unemployed
individuals in all States; and
(III) 33\1/3\ percent shall
be allotted on the basis of the
relative number of
disadvantaged adults in each
State, compared to the total
number of disadvantaged adults
in all States, except as
described in clause (iii).
(iii) Calculation.--In determining an
allotment under clause (ii)(III) for
any State in which there is an area
that was designated as a local area as
described in section 107(c)(1)(C), the
allotment shall be based on the higher
of--
(I) the number of adults in
families with an income below
the low-income level in such
area; or
(II) the number of
disadvantaged adults in such
area.
(iv) Minimum and maximum percentages
and minimum allotments.--In making
allotments under this subparagraph, the
Secretary shall ensure the following:
(I) Minimum percentage and
allotment.--Subject to
subclause (IV), the Secretary
shall ensure that no State
shall receive an allotment for
a fiscal year that is less than
an amount based on 90 percent
of the allotment percentage of
the State for the preceding
fiscal year.
(II) Small state minimum
allotment.--Subject to
subclauses (I), (III), and
(IV), the Secretary shall
ensure that no State shall
receive an allotment under this
subparagraph that is less than
the total of--
(aa) \3/10\ of 1
percent of $960,000,000
of the remainder
described in clause (i)
for the fiscal year;
and
(bb) if the remainder
described in clause (i)
for the fiscal year
exceeds $960,000,000,
\2/5\ of 1 percent of
the excess.
(III) Maximum percentage.--
Subject to subclause (I), the
Secretary shall ensure that no
State shall receive an
allotment percentage for a
fiscal year that is more than
130 percent of the allotment
percentage of the State for the
preceding fiscal year.
(IV) Minimum funding.--In any
fiscal year in which the
remainder described in clause
(i) does not exceed
$960,000,000, the minimum
allotments under subclauses (I)
and (II) shall be calculated by
the methodology specified in
section 132(b)(1)(B)(iv)(IV) of
the Workforce Investment Act of
1998 (as in effect on the day
before the date of enactment of
this Act).
(v) Definitions.--For the purpose of
the formula specified in this
subparagraph:
(I) Adult.--The term
``adult'' means an individual
who is not less than age 22 and
not more than age 72.
(II) Allotment percentage.--
The term ``allotment
percentage'', used with respect
to fiscal year 2015 or a
subsequent fiscal year, means a
percentage of the remainder
described in clause (i) that is
received through an allotment
made under this subparagraph
for the fiscal year. The term,
used with respect to fiscal
year 2014, means the percentage
of the amount allotted to
States under section
132(b)(1)(B) of the Workforce
Investment Act of 1998 (as in
effect on the day before the
date of enactment of this Act)
that is received under such
section by the State involved
for fiscal year 2014.
(III) Area of substantial
unemployment.--The term ``area
of substantial unemployment''
means any area that is of
sufficient size and scope to
sustain a program of workforce
investment activities carried
out under this subtitle and
that has an average rate of
unemployment of at least 6.5
percent for the most recent 12
months, as determined by the
Secretary. For purposes of this
subclause, determinations of
areas of substantial
unemployment shall be made once
each fiscal year.
(IV) Disadvantaged adult.--
Subject to subclause (V), the
term ``disadvantaged adult''
means an adult who received an
income, or is a member of a
family that received a total
family income, that, in
relation to family size, does
not exceed the higher of--
(aa) the poverty
line; or
(bb) 70 percent of
the lower living
standard income level.
(V) Disadvantaged adult
special rule.--The Secretary
shall, as appropriate and to
the extent practicable, exclude
college students and members of
the Armed Forces from the
determination of the number of
disadvantaged adults.
(VI) Excess number.--The term
``excess number'' means, used
with respect to the excess
number of unemployed
individuals within a State, the
higher of--
(aa) the number that
represents the number
of unemployed
individuals in excess
of 4.5 percent of the
civilian labor force in
the State; or
(bb) the number that
represents the number
of unemployed
individuals in excess
of 4.5 percent of the
civilian labor force in
areas of substantial
unemployment in such
State.
(VII) Low-income level.--The
term ``low-income level'' means
$7,000 with respect to income
in 1969, and for any later year
means that amount that bears
the same relationship to $7,000
as the Consumer Price Index for
that year bears to the Consumer
Price Index for 1969, rounded
to the nearest $1,000.
(2) Dislocated Worker Employment and Training
Activities.--
(A) Reservation for outlying areas.--
(i) In general.--From the amount made
available under subsection (a)(2)(A)
for a fiscal year, the Secretary shall
reserve not more than \1/4\ of 1
percent of the amount appropriated
under section 136(c) for the fiscal
year to provide assistance to the
outlying areas.
(ii) Applicability of additional
requirements.--From the amount reserved
under clause (i), the Secretary shall
provide assistance to the outlying
areas for dislocated worker employment
and training activities and statewide
workforce investment activities in
accordance with the requirements of
section 127(b)(1)(B).
(B) States.--
(i) In general.--The Secretary shall
allot the amount referred to in
subsection (a)(2)(B) for a fiscal year
to the States pursuant to clause (ii)
for dislocated worker employment and
training activities and statewide
workforce investment activities.
(ii) Formula.--Subject to clause
(iii), of the amount--
(I) 33\1/3\ percent shall be
allotted on the basis of the
relative number of unemployed
individuals in each State,
compared to the total number of
unemployed individuals in all
States;
(II) 33\1/3\ percent shall be
allotted on the basis of the
relative excess number of
unemployed individuals in each
State, compared to the total
excess number of unemployed
individuals in all States; and
(III) 33\1/3\ percent shall
be allotted on the basis of the
relative number of individuals
in each State who have been
unemployed for 15 weeks or
more, compared to the total
number of individuals in all
States who have been unemployed
for 15 weeks or more.
(iii) Minimum and maximum percentages
and minimum allotments.--In making
allotments under this subparagraph, for
fiscal year 2016 and each subsequent
fiscal year, the Secretary shall ensure
the following:
(I) Minimum percentage and
allotment.--The Secretary shall
ensure that no State shall
receive an allotment for a
fiscal year that is less than
an amount based on 90 percent
of the allotment percentage of
the State for the preceding
fiscal year.
(II) Maximum percentage.--
Subject to subclause (I), the
Secretary shall ensure that no
State shall receive an
allotment percentage for a
fiscal year that is more than
130 percent of the allotment
percentage of the State for the
preceding fiscal year.
(iv) Definitions.--For the purpose of
the formula specified in this
subparagraph:
(I) Allotment percentage.--
The term ``allotment
percentage'', used with respect
to fiscal year 2015 or a
subsequent fiscal year, means a
percentage of the amount
described in clause (i) that is
received through an allotment
made under this subparagraph
for the fiscal year.
(II) Excess number.--The term
``excess number'' means, used
with respect to the excess
number of unemployed
individuals within a State, the
number that represents the
number of unemployed
individuals in excess of 4.5
percent of the civilian labor
force in the State.
(c) Reallotment.--
(1) In general.--The Secretary shall, in accordance
with this subsection, reallot to eligible States
amounts that are made available to States from
allotments made under this section or a corresponding
provision of the Workforce Investment Act of 1998 for
employment and training activities and statewide
workforce investment activities (referred to
individually in this subsection as a ``State
allotment'') and that are available for reallotment.
(2) Amount.--The amount available for reallotment for
a program year for programs funded under subsection
(b)(1)(B) (relating to adult employment and training)
or for programs funded under subsection (b)(2)(B)
(relating to dislocated worker employment and training)
is equal to the amount by which the unobligated balance
of the State allotments for adult employment and
training activities or dislocated worker employment and
training activities, respectively, at the end of the
program year prior to the program year for which the
determination under this paragraph is made, exceeds 20
percent of such allotments for the prior program year.
(3) Reallotment.--In making reallotments to eligible
States of amounts available pursuant to paragraph (2)
for a program year, the Secretary shall allot to each
eligible State an amount based on the relative amount
of the State allotment under paragraph (1)(B) or
(2)(B), respectively, of subsection (b) for the program
year for which the determination is made, as compared
to the total amount of the State allotments under
paragraph (1)(B) or (2)(B), respectively, of subsection
(b) for all eligible States for such program year.
(4) Eligibility.--For purposes of this subsection, an
eligible State means--
(A) with respect to funds allotted through a
State allotment for adult employment and
training activities, a State that does not have
an amount of such funds available for
reallotment under paragraph (2) for the program
year for which the determination under
paragraph (2) is made; and
(B) with respect to funds allotted through a
State allotment for dislocated worker
employment and training activities, a State
that does not have an amount of such funds
available for reallotment under paragraph (2)
for the program year for which the
determination under paragraph (2) is made.
(5) Procedures.--The Governor shall prescribe uniform
procedures for the obligation of funds by local areas
within the State in order to avoid the requirement that
funds be made available for reallotment under this
subsection. The Governor shall further prescribe
equitable procedures for making funds available from
the State and local areas in the event that a State is
required to make funds available for reallotment under
this subsection.
SEC. 133. WITHIN STATE ALLOCATIONS.
(a) Reservations for State Activities.--
(1) Statewide workforce investment activities.--The
Governor shall make the reservation required under
[section 128(a)] section 128(a)(1).
(2) Statewide rapid response activities.--The
Governor shall reserve not more than 25 percent of the
total amount allotted to the State under section
132(b)(2)(B) for a fiscal year for statewide rapid
response activities described in section 134(a)(2)(A).
(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 Allocation.--
(1) Methods.--The Governor, acting in accordance with
the State plan, and after consulting with chief elected
officials and local boards in the local areas, shall
allocate--
(A) the funds that are allotted to the State
for adult employment and training activities
and statewide workforce investment activities
under section 132(b)(1)(B) and are not reserved
under [subsection (a)(1)] paragraph (1) or (3)
of subsection (a), in accordance with paragraph
(2) or (3); and
(B) the funds that are allotted to the State
for dislocated worker employment and training
activities and statewide workforce investment
activities under section 132(b)(2)(B) and are
not reserved under [paragraph (1) or (2) of
subsection (a)] paragraph (1), (2), or (3) of
subsection (a), in accordance with paragraph
(2).
(2) Formula allocations.--
(A) Adult employment and training
activities.--
(i) Allocation.--In allocating the
funds described in paragraph (1)(A) to
local areas, a State may allocate--
(I) 33\1/3\ percent of the
funds on the basis described in
section 132(b)(1)(B)(ii)(I);
(II) 33\1/3\ percent of the
funds on the basis described in
section 132(b)(1)(B)(ii)(II);
and
(III) 33\1/3\ percent of the
funds on the basis described in
clauses (ii)(III) and (iii) of
section 132(b)(1)(B).
(ii) Minimum percentage.--The local
area shall not receive an allocation
percentage for a fiscal year that is
less than 90 percent of the average
allocation percentage of the local area
for the 2 preceding fiscal years.
Amounts necessary for increasing such
allocations to local areas to comply
with the preceding sentence shall be
obtained by ratably reducing the
allocations to be made to other local
areas under this subparagraph.
(iii) Definition.--In this
subparagraph, the term ``allocation
percentage'', used with respect to
fiscal year 2015 or a subsequent fiscal
year, means a percentage of the funds
referred to in clause (i), received
through an allocation made under this
subparagraph, for the fiscal year. The
term, used with respect to fiscal year
2013 or 2014, means a percentage of the
amount allocated to local areas under
paragraphs (2)(A) and (3) of section
133(b) of the Workforce Investment Act
of 1998 (as in effect on the day before
the date of enactment of this Act),
received through an allocation made
under paragraph (2)(A) or (3) of that
section for fiscal year 2013 or 2014,
respectively.
(B) Dislocated worker employment and training
activities.--
(i) Allocation.--In allocating the
funds described in paragraph (1)(B) to
local areas, a State shall allocate the
funds based on an allocation formula
prescribed by the Governor of the
State. Such formula may be amended by
the Governor not more than once for
each program year. Such formula shall
utilize the most appropriate
information available to the Governor
to distribute amounts to address the
State's worker readjustment assistance
needs.
(ii) Information.--The information
described in clause (i) shall include
insured unemployment data, unemployment
concentrations, plant closing and mass
layoff data, declining industries data,
farmer-rancher economic hardship data,
and long-term unemployment data.
(iii) Minimum percentage.--The local
area shall not receive an allocation
percentage for fiscal year 2016 or a
subsequent fiscal year that is less
than 90 percent of the average
allocation percentage of the local area
for the 2 preceding fiscal years.
Amounts necessary for increasing such
allocations to local areas to comply
with the preceding sentence shall be
obtained by ratably reducing the
allocations to be made to other local
areas under this subparagraph.
(iv) Definition.--In this
subparagraph, the term ``allocation
percentage'', used with respect to
fiscal year 2015 or a subsequent fiscal
year, means a percentage of the funds
referred to in clause (i), received
through an allocation made under this
subparagraph for the fiscal year. The
term, used with respect to fiscal year
2014, means a percentage of the amount
allocated to local areas under section
133(b)(2)(B) of the Workforce
Investment Act of 1998 (as in effect on
the day before the date of enactment of
this Act), received through an
allocation made under that section for
fiscal year 2014.
(C) Application.--For purposes of carrying
out subparagraph (A)--
(i) references in section 132(b) to a
State shall be deemed to be references
to a local area;
(ii) references in section 132(b) to
all States shall be deemed to be
references to all local areas in the
State involved; and
(iii) except as described in clause
(i), references in section 132(b)(1) to
the term ``excess number'' shall be
considered to be references to the term
as defined in section 132(b)(1).
(3) Adult employment and training discretionary
allocations.--In lieu of making the allocation
described in paragraph (2)(A), in allocating the funds
described in paragraph (1)(A) to local areas, a State
may distribute--
(A) a portion equal to not less than 70
percent of the funds in accordance with
paragraph (2)(A); and
(B) the remaining portion of the funds on the
basis of a formula that--
(i) incorporates additional factors
(other than the factors described in
paragraph (2)(A)) relating to--
(I) excess poverty in urban,
rural, and suburban local
areas; and
(II) excess unemployment
above the State average in
urban, rural, and suburban
local areas; and
(ii) was developed by the State board
and approved by the Secretary as part
of the State plan.
(4) Transfer authority.--A local board may transfer,
if such a transfer is approved by the Governor, up to
and including 100 percent of the funds allocated to the
local area under paragraph (2)(A) or (3), and up to and
including 100 percent of the funds allocated to the
local area under paragraph (2)(B), for a fiscal year
between--
(A) adult employment and training activities;
and
(B) dislocated worker employment and training
activities.
(5) Allocation.--
(A) In general.--The Governor shall allocate
the funds described in paragraph (1) to local
areas under paragraphs (2) and (3) for the
purpose of providing a single system of
employment and training activities for adults
and dislocated workers in accordance with
subsections (c) and (d) of section 134.
(B) Additional requirements.--
(i) Adults.--Funds allocated under
paragraph (2)(A) or (3) shall be used
by a local area to contribute to the
costs of the one-stop delivery system
described in section 121(e) as
determined under section 121(h) and to
pay for employment and training
activities provided to adults in the
local area, consistent with section
134.
(ii) Dislocated workers.--Funds
allocated under paragraph (2)(B) shall
be used by a local area to contribute
to the costs of the one-stop delivery
system described in section 121(e) as
determined under section 121(h) and to
pay for employment and training
activities provided to dislocated
workers in the local area, consistent
with section 134.
(c) Reallocation Among Local Areas.--
(1) In general.--The Governor may, in accordance with
this subsection 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 paragraph (2)(A) or (3) of
subsection (b) or a corresponding provision of the
Workforce Investment Act of 1998 for adult employment
and training activities, or under subsection (b)(2)(B)
or a corresponding provision of the Workforce
Investment Act of 1998 for dislocated worker employment
and training activities (referred to individually in
this subsection as a ``local allocation'') and that are
available for reallocation.
(2) Amount.--The amount available for reallocation
for a program year--
(A) for adult employment and training
activities is equal to the amount by which the
unobligated balance of the local allocation
under paragraph (2)(A) or (3) of subsection (b)
for such activities, at the end of the program
year prior to the program year for which the
determination under this subparagraph is made,
exceeds 20 percent of such allocation for the
prior program year; and
(B) for dislocated worker employment and
training activities is equal to the amount by
which the unobligated balance of the local
allocation under subsection (b)(2)(B) for such
activities, at the end of the program year
prior to the program year for which the
determination under this subparagraph is made,
exceeds 20 percent of such allocation for the
prior program year.
(3) Reallocation.--In making reallocations to
eligible local areas of amounts available pursuant to
paragraph (2) for a program year, the Governor shall
allocate to each eligible local area within the State--
(A) with respect to such available amounts
that were allocated under paragraph (2)(A) or
(3) of subsection (b), an amount based on the
relative amount of the local allocation under
paragraph (2)(A) or (3) of subsection (b), as
appropriate, for the program year for which the
determination is made, as compared to the total
amount of the local allocations under paragraph
(2)(A) or (3) of subsection (b), as
appropriate, for all eligible local areas in
the State for such program year; and
(B) with respect to such available amounts
that were allocated under subsection (b)(2)(B),
an amount based on the relative amount of the
local allocation under subsection (b)(2)(B) for
the program year for which the determination is
made, as compared to the total amount of the
local allocations under subsection (b)(2)(B)
for all eligible local areas in the State for
such program year.
(4) Eligibility.--For purposes of this subsection, an
eligible local area means--
(A) with respect to funds allocated through a
local allocation for adult employment and
training activities, a local area that does not
have an amount of such funds available for
reallocation under paragraph (2) for the
program year for which the determination under
paragraph (2) is made; and
(B) with respect to funds allocated through a
local allocation for dislocated worker
employment and training activities, a local
area that does not have an amount of such funds
available for reallocation under paragraph (2)
for the program year for which the
determination under paragraph (2) is made.
SEC. 134. USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVITIES.
(a) Statewide employment and training activities.--
(1) In general.--Funds reserved by a Governor--
(A) as described in section 133(a)(2) shall
be used to carry out the statewide rapid
response activities described in paragraph
(2)(A); [and]
(B) as described in sections [128(a)]
128(a)(1) and 133(a)(1)--
(i) shall be used to carry out the
statewide employment and training
activities described in paragraph
(2)(B); and
(ii) may be used to carry out any of
the statewide employment and training
activities described in paragraph
(3)[,] or to establish and administer a
critical skills fund under paragraph
(4); and
(C) as described in section 128(a)(3), shall
be used to establish and administer a critical
industry skills fund described in paragraph
(4).
regardless of whether the funds were allotted
to the State under section 127(b)(1) or under
paragraph (1) or (2) of section 132(b).
(2) Required statewide employment and training
activities.--
(A) Statewide rapid response activities.--
(i) In general.--A State shall carry
out statewide rapid response activities
using funds reserved by the Governor
for the State under section 133(a)(2),
which activities shall include--
(I) provision of rapid
response activities, carried
out in local areas by the State
or by an entity designated by
the State, [working] as a rapid
response unit working in
conjunction with the local
boards and the chief elected
officials for the local areas;
[and]
(II) provision of additional
assistance to local areas that
experience disasters, mass
layoffs, or plant closings, or
other events that precipitate
substantial increases in the
number of unemployed
individuals, carried out in
local areas by the State,
working in conjunction with the
local boards and the chief
elected officials for the local
areas[.]; and
(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).
(ii) Use of unobligated funds.--Funds
reserved by a Governor under section
133(a)(2), and section 133(a)(2) of the
Workforce Investment Act of 1998 (as in
effect on the day before the date of
enactment of this Act), to carry out
this subparagraph that remain
unobligated after the first program
year for which such funds were allotted
may be used by the Governor to carry
out statewide activities authorized
under subparagraph (B) or paragraph
(3)(A), in addition to activities under
this subparagraph.
(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.--Funds reserved by a Governor under
sections 128(a)(1) and 133(a)(1) and not used
under paragraph (1)(A) (regardless of whether
the funds were allotted to the States under
section 127(b)(1)(C) or paragraph (1)(B) or
(2)(B) of section 132(b)) shall be used for
statewide employment and training activities,
including--
(i) providing assistance to--
(I) State entities and
agencies, local areas, and one-
stop partners in carrying out
the activities described in the
State plan, including the
coordination and alignment of
data systems used to carry out
the requirements of this Act;
(II) local areas for carrying
out the regional planning and
service delivery efforts
required under section 106(c);
(III) local areas by
providing information on and
support for the effective
development, convening, and
implementation of industry or
sector partnerships; [and]
(IV) local areas, one-stop
operators, one-stop partners,
and eligible providers,
including the development and
training of staff, which may
include the development and
training of staff to provide
opportunities for individuals
with barriers to employment to
enter in-demand industry
sectors or occupations and
nontraditional occupations, the
development of exemplary
program activities, 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),
and the provision of technical
assistance to local areas that
fail to meet local performance
accountability measures
described in section 116(c);
and
(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 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) providing assistance to local
areas as described in section
106(b)[(7)] (6);
(iii) operating a fiscal and
management accountability information
system in accordance with section
116(i);
(iv) carrying out monitoring and
oversight of activities carried out
under this chapter and chapter 2;
(v) disseminating--
(I) the State list of
eligible providers of training
services, including eligible
providers of nontraditional
training services and eligible
providers of apprenticeship
programs described in section
122(a)(2)(B);
(II) information identifying
eligible providers of on-the-
job training, [customized
training] employer-directed
skills development, incumbent
worker training, internships,
paid or unpaid work experience
opportunities, or transitional
jobs;
(III) information on
effective outreach to,
partnerships with, and services
for, business;
(IV) information on effective
service delivery strategies to
serve workers and job seekers;
(V) performance information
and information on the cost of
attendance (including tuition
and fees) for participants in
applicable programs, as
described in subsections (d)
and (h) of section 122; and
(VI) information on physical
and programmatic accessibility,
in accordance with section 188,
if applicable, and the
Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et
seq.), for individuals with
disabilities; [and]
(vi) conducting evaluations under
section 116(e) of activities authorized
under this chapter and chapter 2 in
coordination with evaluations carried
out by the Secretary under section
169(a)[.];
(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.--
(A) In general.--Funds reserved by a Governor
under sections 128(a)(1) and 133(a)(1) and not
used under paragraph (1)(A) or (2)(B)
(regardless of whether the funds were allotted
to the State under section 127(b)(1)(C) or
paragraph (1)(B) or (2)(B) of section 132(b))
may be used to carry out additional statewide
employment and training activities, which may
include--
(i) implementing innovative or
evidence-based programs and strategies
designed to meet the needs of all
employers (including small employers)
in the State, which programs and
strategies may include incumbent worker
training programs, [customized
training] employer-directed skills
development, sectoral and industry
cluster strategies and implementation
of industry or sector partnerships,
career pathway programs,
microenterprise and entrepreneurial
training and support programs,
utilization of effective business
intermediaries, layoff aversion
strategies, activities to improve
linkages between the one-stop delivery
system in the State and all employers
(including small employers) in the
State, and other business services and
strategies that better engage employers
in workforce investment activities and
make the workforce development system
more relevant to the needs of State and
local businesses, consistent with the
objectives of this title;
(ii) developing strategies, or
bringing evidence-based strategies to
scale, for effectively serving
individuals with barriers to employment
and for coordinating programs and
services among one-stop partners;
(iii) the development or
identification of education and
training programs that respond to real-
time labor market analysis, that
utilize direct assessment [and prior
learning assessment to], prior learning
assessment, or a competency-based
assessment identified or developed by
the State under paragraph (2)(B)(vii),
to measure and provide credit for prior
knowledge, skills, competencies, and
experiences, that evaluate such skills
and competencies for adaptability, that
ensure credits are portable and
stackable for more skilled employment,
and that accelerate course or
credential completion;
(iv) implementing programs to
increase the number of individuals
training for and placed in
nontraditional employment;
(v) carrying out activities to
facilitate remote access to services,
including training services described
in subsection (c)(3), provided through
a one-stop delivery system, including
facilitating access through the use of
technology;
(vi) supporting the provision of
career services described in subsection
(c)(2) in the one-stop delivery systems
in the State;
(vii) coordinating activities with
the child welfare system to facilitate
provision of services for children and
youth who are eligible for assistance
under section 477 of the Social
Security Act (42 U.S.C. 677);
(viii) activities--
(I) to improve coordination
of workforce investment
activities with economic
development activities;
(II) to improve coordination
of employment and training
activities with--
(aa) child support
services, and
assistance provided by
State and local
agencies carrying out
part D of title IV of
the Social Security Act
(42 U.S.C. 651 et
seq.);
(bb) cooperative
extension programs
carried out by the
Department of
Agriculture;
(cc) programs carried
out in local areas for
individuals with
disabilities, including
programs carried out by
State agencies relating
to intellectual
disabilities and
developmental
disabilities,
activities carried out
by Statewide
Independent Living
Councils established
under section 705 of
the Rehabilitation Act
of 1973 (29 U.S.C.
796d), programs funded
under part B of chapter
1 of title VII of such
Act (29 U.S.C. 796e et
seq.), and activities
carried out by centers
for independent living,
as defined in section
702 of such Act (29
U.S.C. 796a);
(dd) adult education
[and literacy],
literacy, and digital
literacy activities,
including those
provided by public
libraries;
(ee) activities in
the corrections system
that assist [ex-
offenders in reentering
the workforce; and]
justice-involved
individuals in
reentering the
workforce;
(ff) financial
literacy activities
including those
described in section
129(b)(2)(D); and
(gg) programs under
the Older Americans Act
of 1965 (42 U.S.C. 3001
et seq.) that support
employment and economic
security; and
(III) consisting of
development and dissemination
of workforce and labor market
information;
(ix) conducting research and
demonstration projects related to
meeting the employment and education
needs of adult and dislocated workers;
(x) implementing promising services
for workers and businesses, which may
include providing support for
education, training, skill upgrading,
and statewide networking for employees
to become workplace learning advisors
and maintain proficiency in carrying
out the activities associated with such
advising;
(xi) providing incentive grants to
local areas for performance by the
local areas on local performance
accountability measures described in
section 116(c);
(xii) adopting, calculating, or
commissioning for approval an economic
self-sufficiency standard for the State
that specifies the income needs of
families, by family size, the number
and ages of children in the family, and
substate geographical considerations;
(xiii) developing and disseminating
common intake procedures and related
items, including registration
processes, materials, or software;
[and]
(xiv) providing technical assistance
to local areas that are implementing
pay-for-performance contract
strategies, which technical assistance
may include providing assistance with
data collection, meeting data entry
requirements, identifying levels of
performance, and conducting evaluations
of such strategies[.];
(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 critical skills fund
under paragraph (4).
(B) Limitation.--
(i) In general.--Of the funds
allotted to a State under sections
127(b) and 132(b) and reserved as
described in sections 128(a) and
133(a)(1) for a fiscal year--
(I) not more than 5 percent
of the amount allotted under
section 127(b)(1);
(II) not more than 5 percent
of the amount allotted under
section 132(b)(1); and
(III) not more than 5 percent
of the amount allotted under
section 132(b)(2),
may be used by the State for the
administration of statewide youth
workforce investment activities carried
out under section 129 and statewide
employment and training activities
carried out under this section.
(ii) Use of funds.--Funds made
available for administrative costs
under clause (i) may be used for the
administrative cost of any of the
statewide youth workforce investment
activities or statewide employment and
training activities, regardless of
whether the funds were allotted to the
State under section 127(b)(1) or
paragraph (1) or (2) of section 132(b).
(4) Critical industry skills fund.--
(A) Performance-based payments.--A State
shall use funds reserved under paragraph (3)(A)
of section 128(a), and any funds reserved under
paragraph (3)(B) of section 128(a), to
establish and administer a critical industry
skills fund to award performance-based payments
on a per-worker basis to eligible entities that
provide eligible skills development programs to
prospective workers or incumbent workers (which
may include youth age 18 through age 24) in
industries and occupations identified by the
Governor under subparagraph (B) that will
result in employment or retention with a
participating employer.
(B) Industries and occupations.--
(i) In general.--The Governor (in
consultation with the State board)--
(I) shall identify the
industries and occupations for
which an eligible skills
development program carried out
by an eligible entity in the
State may receive funds under
this paragraph; and
(II) may select the
industries and occupations
identified under subclause (I)
that will receive priority for
funds under this paragraph.
(ii) High growth and high wage.--In
selecting industries or occupations to
prioritize pursuant to clause (i)(II),
the Governor may consider--
(I) industries that have, or
are expected to have, a high
rate of growth and an unmet
demand for skilled workers; and
(II) occupations--
(aa) with wages that
are significantly
higher than an
occupation of similar
level of skill or
needed skill
development; or
(bb) that are aligned
with career pathways
into higher wage
occupations.
(C) Submission of proposals.--
(i) In general.--To be eligible to
receive a payment under the critical
industry skills fund established under
this paragraph by a State, an eligible
entity shall submit a proposal to the
Governor in such form and at such time
as the Governor may require (subject to
the requirements of clause (ii)), which
shall include--
(I) a description of the
industries or occupations in
which the participating
employer is seeking to fill
jobs, the specific skills or
credentials necessary for an
individual to obtain such a
job, and the salary range of
such a job;
(II) the expected number of
individuals who will
participate in the skills
development program to be
carried out by the eligible
entity;
(III) a description of the
eligible skills development
program, including the
provider, the length of the
program, the skills to be
gained, and any recognized
postsecondary credentials that
will be awarded;
(IV) the total cost of
providing the program;
(V) for purposes of receiving
a payment pursuant to
subparagraph (D)(i)(II)(bb), a
commitment from the
participating employer in the
eligible entity to employ each
participant of the program for
not less than a 6-month period
(or a longer period as
determined by the State) after
successful completion of the
program; and
(VI) an assurance that the
entity will--
(aa) establish the
written agreements
described in
subparagraph
(D)(ii)(I);
(bb) maintain and
submit the
documentation described
in subparagraph
(D)(ii)(II); and
(cc) maintain and
submit the necessary
documentation for the
State to verify
participant outcomes
and report such
outcomes as described
in subparagraph (F).
(ii) Administrative burden.--The
Governor shall ensure that the form and
manner in which a proposal required to
be submitted under clause (i) is
designed to minimize paperwork and
administrative burden for entities.
(iii) Approval of subsequent
proposals.--With respect to an eligible
entity that has had a proposal approved
by the Governor under this subparagraph
and that submits a subsequent proposal
under this subparagraph, the eligible
entity may only receive approval from
the Governor for the subsequent
proposal if--
(I) with respect to the most
recent proposal approved under
this subparagraph--
(aa) the skills
development program has
ended;
(bb) for any
participants employed
by the participating
employer in accordance
with subparagraph
(C)(i)(V), the minimum
periods of such
employment described in
such subparagraph have
ended;
(cc) all the payments
under subparagraph (D)
owed to the eligible
entity have been made;
and
(dd) not fewer than
70 percent of the
participants who
enrolled in the skills
development program--
(AA)
completed such
program; and
(BB) after
such
completion,
were employed
by the
participating
employer for
the minimum
period
described in
subparagraph
(C)(i)(V); and
(II) the eligible entity
meets any other requirements
that the Governor may establish
with respect to eligible
entities submitting subsequent
proposals.
(D) Reimbursement for approved proposals.--
(i) State requirements.--
(I) In general.--With respect
to each eligible entity whose
proposal under subparagraph (C)
has been approved by the
Governor, the Governor shall
make payments (in an amount
determined by the Governor and
subject to the requirements of
subclause (II) of this clause,
subparagraphs (E) and (G), and
any other limitations
determined necessary by the
State) from the critical
industry skills fund
established under this
paragraph to such eligible
entity for each participant of
the eligible skills development
program described in such
proposal and with respect to
whom the eligible entity meets
the requirements of clause
(ii).
(II) Payments.--In making
payments to an eligible entity
under subclause (I) with
respect to a participant--
(aa) 50 percent of
the total payment shall
be made after the
participant completes
the eligible skills
development program
offered by the eligible
entity; and
(bb) the remaining 50
percent of such total
payment shall be made
after the participant
has been employed by
the participating
employer for the
minimum period
described in
subparagraph (C)(i)(V).
(ii) Eligible entity requirements.--
To be eligible to receive the payments
described in clause (i) with respect to
a participant, an eligible entity
described in such clause shall--
(I) establish a written
agreement with the participant
that includes the information
described in subclauses (I) and
(III) of subparagraph (C)(i);
and
(II) submit documentation as
the Governor determines
necessary to verify that such
participant has completed the
skills development program
offered by the eligible entity
and has been employed by the
participating employer for the
minimum period described in
subparagraph (C)(i)(V).
(E) Non-federal cost sharing.--
(i) Limits on federal share.--An
eligible entity may not receive funds
under subparagraph (D) with respect to
a participant of the eligible skills
development program offered by the
eligible entity in excess of the
following costs of such program:
(I) In the case of a
participating employer of such
eligible entity with 25 or
fewer employees, 90 percent of
the costs.
(II) In the case of a
participating employer of such
eligible entity with more than
25 employees, but fewer than
100 employees, 75 percent of
the costs.
(III) In the case of a
participating employer of such
eligible entity with 100 or
more employees, 50 percent of
the costs.
(ii) Non-federal share.--
(I) In general.--Any costs of
the skills development program
offered to a participant by
such eligible entity that are
not covered by the funds
received under subparagraph (D)
shall be the non-Federal share
provided by the eligible entity
(in cash or in-kind).
(II) Employer cost sharing.--
If the eligible skills
development program is being
provided on-the-job, the non-
Federal share provided by an
eligible entity may include the
amount of the wages paid by the
participating employer of the
eligible entity to a
participant while such
participant is receiving the
training.
(F) Performance reporting.--
(i) In general.--The State shall use
the participant information provided by
eligible entities to submit to the
Secretary a report, on an annual basis,
with respect to the participants of the
eligible skills development programs
for which the eligible entities
received funds under this paragraph for
the most recent program year, which
shall--
(I) be made digitally
available by the Secretary
using linked, open, and
interoperable data, which shall
include; and
(II) include--
(aa) the number of
individuals who
participated in
programs, unless such
information would
reveal personally
identifiable
information about an
individual); and
(bb) performance
outcomes on the
measures listed in
clause (ii).
(ii) Measures.--The measures listed
below are as follows:
(I) The percentage of
participants who completed the
skills development program.
(II) The percentage of
participants who were employed
by the participating employer
for a 6-month period after
program completion.
(III) The percentage of
participants who were employed
by the participating employer
as described in subclause (II),
and who remained employed by
the participating employer 1
year after program completion.
(IV) The median earnings of
program participants who are in
unsubsidized employment during
the second quarter after
program completion.
(V) The median earnings
increase of program
participants, measured by
comparing the earning of a
participant in the second
quarter prior to entry into the
program to the earnings of such
participant in the second
quarter following completion of
the program.
(G) Definitions.--In this paragraph:
(i) Eligible entity.--The term
``eligible entity'' means an employer,
a group of employers, an industry or
sector partnership, or another entity
serving as an intermediary (such as a
local board) that is in a partnership
with at least one employer in an
industry or occupation identified by
the Governor under subparagraph (B)(i)
(referred to in this paragraph as the
``participating employer'').
(ii) Eligible skills development
program.--The term ``eligible skills
development program'', with respect to
which a State may set a maximum and
minimum length (in weeks)--
(I) includes work-based
education or related
occupational skills instruction
that--
(aa) develops the
specific technical
skills necessary for
successful performance
of the occupations in
which participants are
to be employed upon
completion; and
(bb) may be provided
by the eligible entity
or by any training
provider selected by
the eligible entity and
that is not required to
be on a list of
eligible providers of
training services
described in section
122(d); and
(II) may not include employee
onboarding, orientation, or
professional development
generally provided to
employees.
(5) State-imposed requirements.--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) Local Employment and Training Activities.--Funds
allocated to a local area for adults under paragraph (2)(A) or
(3), as appropriate, of section 133(b), and funds allocated to
a local area for dislocated workers under section
133(b)(2)(B)--
(1) shall be used to carry out employment and
training activities described in subsection (c) for
adults or dislocated workers, respectively; and
(2) may be used to carry out employment and training
activities described in subsection (d) for adults or
dislocated workers, respectively.
(c) Required Local Employment and Training Activities.--
(1) In general.--
(A) Allocated funds.--Funds allocated to a
local area for adults under paragraph (2)(A) or
(3), as appropriate, of section 133(b), and
funds allocated to the local area for
dislocated workers under section 133(b)(2)(B),
shall be used--
(i) to establish a one-stop delivery
system described in section 121(e);
(ii) to provide the career services
described in paragraph (2) to adults
and dislocated workers, respectively,
through the one-stop delivery system in
accordance with such paragraph;
(iii) to provide training services
described in paragraph (3) to adults
and dislocated workers, respectively,
described in such paragraph;
(iv) [to] to provide business
services described in paragraph (4) and
provide business services described in
paragraph (4) and establish and develop
relationships and networks with large
and small employers and their
intermediaries; and
(v) to develop, convene, or implement
industry or sector partnerships.
(B) Minimum amount for skills development.--
Not less than 50 percent of the funds described
in subparagraph (A) shall be used by the local
area--
(i) for the payment of training
services--
(I) provided to adults under
paragraph (3)(F)(iii); and
(II) provided to adults and
dislocated workers under
paragraph (3)(G)(ii); and
(ii) for the payment of training
services under paragraph (2)(A) of
section 414(c) of the American
Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C.
3224a(c)) after funds allocated to such
local area under paragraph (1) of such
section 414(c) have been exhausted.
[(B)] (C) Other Funds.--Consistent with
subsections (h) and (i) of section 121, a
portion of the funds made available under
Federal law authorizing the programs and
activities described in section 121(b)(1)(B),
including the Wagner-Peyser Act (29 U.S.C. 49
et seq.), shall be used as described in clauses
(i) [and (ii)], (ii), and (iv) of subparagraph
(A), to the extent not inconsistent with the
Federal law involved.
(2) Career services.--
(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.
[(A) Services provided.--] (B) Individualized
career._ Funds described in paragraph (1) shall
be used to provide individualized career
services, which shall be available to
individuals who are adults or dislocated
workers through the one-stop delivery system
shall, to the extent practicable, be evidence-
based, and shall, at a minimum, include_
(i) determinations of whether the
individuals are eligible to receive
assistance under this subtitle;
(ii) outreach, intake (which may
include worker profiling), and
orientation to the information and
other services available through the
one-stop delivery system;
(iii) initial assessment of skill
levels (including literacy, numeracy,
and English language proficiency),
aptitudes, abilities (including skills
gaps), and supportive service needs,
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;
[(iv) labor exchange services,
including--
[(I) job search and placement
assistance and, in appropriate
cases, career counseling,
including--
[(aa) provision of
information on in-
demand industry sectors
and occupations; and
[(bb) provision of
information on
nontraditional
employment; and
[(II) appropriate recruitment
and other business services on
behalf of employers, including
small employers, in the local
area, which services may
include services described in
this subsection, such as
providing information and
referral to specialized
business services not
traditionally offered through
the one-stop delivery system;]
[(v)] (iv) provision of referrals to
and coordination of activities with
other programs and services, including
programs and services within the one-
stop delivery system and, in
appropriate cases, other workforce
development programs;
[(vi) provision of workforce and
labor market employment statistics
information, including the provision of
accurate information relating to local,
regional, and national labor market
areas, including--
[(I) job vacancy listings in
such labor market areas;
[(II) information on job
skills necessary to obtain the
jobs described in subclause
(I); and
[(III) information relating
to local occupations in demand
and the earnings, skill
requirements, and opportunities
for advancement for such
occupations; and]
[(vii)] (v) provision of performance
information and program cost
information on eligible providers of
training services as described in
section 122, provided by program and
credential, and eligible providers of
youth workforce investment activities
described in section 123, providers of
adult education described in title II,
providers of career and technical
education activities at the
postsecondary level, and career and
technical education activities
available to school dropouts, under the
Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301
et seq.), and providers of vocational
rehabilitation services described in
title I of the Rehabilitation Act of
1973 (29 U.S.C. 720 et seq.);
[(viii)] (vi) provision of
information, in formats that are usable
by and understandable to one-stop
center customers, regarding how the
local area is performing on the local
performance accountability measures
described in section 116(c) and any
additional performance information with
respect to the one-stop delivery system
in the local area;
[(ix)(I) 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
[(II) referral to the services or
assistance described in subclause (I),
as appropriate;
[(x) provision of information and
assistance regarding filing claims for
unemployment compensation;
[(xi) assistance in establishing
eligibility for programs of financial
aid assistance for training and
education programs that are not funded
under this Act;]
[(xii)] (vii) services, if determined
to be appropriate in order for an
individual to obtain or retain
employment, that consist of--
(I) comprehensive and
specialized assessments of the
skill levels and service needs
of adults and dislocated
workers, which may include--
(aa) diagnostic
testing and use of
other assessment tools,
including a competency-
based assessment
developed or identified
by the State pursuant
to subsection
(a)(2)(B)(vii); and
(bb) in-depth
interviewing and
evaluation to identify
employment barriers and
appropriate employment
goals;
(II) development of an
individual employment plan, to
identify the employment goals,
appropriate achievement
objectives, and appropriate
combination of services for the
participant to achieve the
employment goals, including
providing information on
eligible providers of training
services pursuant to paragraph
(3)(F)(ii), and career pathways
to attain career objectives;
(III) group counseling;
(IV) individual counseling;
(V) career planning;
(VI) short-term prevocational
services, including development
of learning skills,
communication skills,
interviewing skills,
punctuality, personal
maintenance skills, and
professional conduct, to
prepare individuals for
unsubsidized employment or
training;
(VII) internships and work
experiences that are linked to
careers;
(VIII) workforce preparation
activities;
(IX) financial literacy
services, such as the
activities described in section
129(b)(2)(D);
(X) out-of-area job search
assistance and relocation
assistance; or
(XI) English language
acquisition and integrated
education and training
programs; and
[(xiii)] (viii) followup services,
including counseling regarding the
workplace, for participants in
workforce investment activities
authorized under this subtitle who are
placed in unsubsidized employment, for
not less than 12 months after the first
day of the employment, as appropriate.
[(B) Use of previous assessments.--A one-stop
operator or one-stop partner shall not be
required to conduct a new interview,
evaluation, or assessment of a participant
under subparagraph (A)(xii) if the one-stop
operator or one-stop partner determines that it
is appropriate to use a recent interview,
evaluation, or assessment of the participant
conducted pursuant to another education or
training program.]
(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.
[(C)] (D) Delivery of services.--The
individualized career services described in
subparagraph (A) shall be provided through the
one-stop delivery system--
(i) directly through one-stop
operators identified pursuant to
section 121(d); or
(ii) through contracts with service
providers, which may include contracts
with public, private for-profit, and
private nonprofit service providers,
libraries, and community-based
organizations, approved by the local
board.
(3) Training services.--
(A) In general.--
(i) Eligibility.--Except as provided
in [clause (ii)] clause (ii) or (iii),
funds allocated to a local area for
adults under paragraph (2)(A) or (3),
as appropriate, of section 133(b), and
funds allocated to the local area for
dislocated workers under section
133(b)(2)(B), shall be used to provide
training services to adults and
dislocated workers, respectively--
(I) who, after an interview,
evaluation, or assessment, and
career planning, have been
determined by a one-stop
operator or one-stop partner,
as appropriate, to--
(aa) be unlikely or
unable to obtain or
retain employment, that
leads to economic self-
sufficiency or wages
comparable to or higher
than wages from
previous employment,
through the career
services described in
paragraph (2)(A)(xii);
(bb) be in need of
training services to
obtain or retain
employment that leads
to economic self-
sufficiency or wages
comparable to or higher
than wages from
previous employment;
and
(cc) have the skills
and qualifications to
successfully
participate in the
selected program of
training services;
(II) who select programs of
training services that are
directly linked to the
employment opportunities in the
local area or the planning
region, [or in] in another area
to which the adults or
dislocated workers are willing
to commute or relocate, or that
may be performed remotely;
(III) who meet the
requirements of subparagraph
(B); and
(IV) who are determined to be
eligible in accordance with the
priority system in effect under
subparagraph (E).
(ii) 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 clause (i) if the
one-stop operator or one-stop partner
determines that it is appropriate to
use a recent interview, evaluation, or
assessment of the participant conducted
pursuant to another education or
training program.
(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.
[(iii)] (iv) Rule of construction.--
Nothing in this subparagraph shall be
construed to mean an individual is
required to receive career services
prior to receiving training services.
(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) Qualification.--
(i) Requirement.--Notwithstanding
section 479B of the Higher Education
Act of 1965 (20 U.S.C. 1087uu) and
except as provided in clause (ii),
provision of such training services
shall be limited to individuals who--
(I) are unable to obtain
[other grant assistance for
such services, including]
assistance for such services
under Federal Pell Grants
established under subpart 1 of
part A of title IV of the
Higher Education Act of 1965
(20 U.S.C. 1070a et seq.); or
(II) require assistance
beyond the assistance made
available [under other grant
assistance programs, including]
under Federal Pell Grants.
(ii) Reimbursements.--Training
services may be provided under this
paragraph to an individual who
otherwise meets the requirements of
this paragraph while an application for
a Federal Pell Grant is pending, except
that if such individual is subsequently
awarded a Federal Pell Grant,
appropriate reimbursement shall be made
to the local area from such Federal
Pell Grant.
(iii) Consideration.--In determining
whether an individual requires
assistance under clause (i)(II), a one-
stop operator (or one-stop partner,
where appropriate) may take into
consideration the full cost of
participating in training services,
including the costs of dependent care
and transportation, and other
appropriate costs.
(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) Provider qualification.--Training
services shall be provided through providers
identified in accordance with section 122.
(D) Training services.--Training services may
include--
(i) occupational skills training,
including training for nontraditional
employment;
(ii) on-the-job training;
(iii) incumbent worker training in
accordance with subsection (d)(4);
(iv) programs that combine workplace
training with related instruction,
which may include cooperative education
programs;
(v) training programs operated by the
private sector;
(vi) skill upgrading and retraining;
(vii) entrepreneurial training;
(viii) transitional jobs in
accordance with subsection (d)(5);
(ix) job readiness training provided
in combination with services described
in any of clauses (i) through (viii);
(x) adult education and literacy
activities, including activities of
English language acquisition and
integrated education and training
programs, provided concurrently or in
combination with services described in
any of clauses (i) through (vii); and
(xi) [customized training] employer-
directed skills development conducted
with a commitment by an employer or
group of employers to employ an
individual upon successful completion
of the training.
(E) Priority.--With respect to funds
allocated to a local area for adult employment
and training activities under paragraph (2)(A)
or (3) of section 133(b), priority shall be
given to recipients of public assistance, other
low-income individuals, and individuals who
[are basic skills deficient] have foundational
skill needs for receipt of career services
described in [paragraph (2)(A)(xii)] paragraph
(2)(B)(vii) and training services. The
appropriate local board and the Governor shall
direct the one-stop operators in the local area
with regard to making determinations related to
such priority.
(F) Consumer choice requirements.--
(i) In general.--Training services
provided under this paragraph shall be
provided in a manner that maximizes
consumer choice in the selection of an
eligible provider of such services.
(ii) Eligible providers.--Each local
board, through one-stop centers, shall
make available the list of eligible
providers of training services
described in section 122(d), and
accompanying information, in accordance
with section 122(d).
(iii) Individual training accounts.--
An individual who seeks training
services and who is eligible pursuant
to subparagraph (A), may, in
consultation with a career planner,
select an eligible provider of training
services from the list of providers
described in clause (ii). Upon such
selection, the one-stop operator
involved shall, to the extent
practicable, refer such individual to
the eligible provider of training
services, and arrange for payment for
such services through an individual
training account.
(iv) Coordination.--Each local board
may, through one-stop centers,
coordinate funding for individual
training accounts with funding from
other Federal, State, local, or private
job training programs or sources to
assist the individual in obtaining
training services.
(v) Additional Information.--Priority
consideration shall, consistent with
clause (i), be given to programs that
lead to recognized postsecondary
credentials that are aligned with in-
demand industry sectors or occupations
in the local area involved.
(G) Use of individual training accounts.--
(i) In general.--Except as provided
in clause (ii), training services
provided under this paragraph shall be
provided through the use of individual
training accounts in accordance with
this paragraph, and shall be provided
to eligible individuals through the
one-stop delivery system.
(ii) Training contracts.--Training
services authorized under this
paragraph may be provided pursuant to a
contract for services in lieu of an
individual training account if--
(I) the requirements of
subparagraph (F) are met;
(II) such services are on-
the-job training, [customized
training] employer-directed
skills development, incumbent
worker training, or
transitional employment;
(III) the local board
determines there are an
insufficient number of eligible
providers of training services
in the local area involved
(such as in a rural area) to
accomplish the purposes of a
system of individual training
accounts;
(IV) the local board
determines that there [is a] is
an evidence-based training
services program of
demonstrated effectiveness
offered in the local area by a
community-based organization or
another private organization to
serve individuals with barriers
to employment;
(V) the local board
determines that--
(aa) it would be most
appropriate to award a
contract to an
institution of higher
education or other
eligible provider of
training services in
order to facilitate the
training of multiple
individuals in in-
demand industry sectors
or occupations; and
(bb) such contract
does not limit customer
choice; or
(VI) the contract is a pay-
for-performance contract.
(iii) Linkage to occupations in
demand.--Training services provided
under this paragraph shall be directly
linked to an in-demand industry sector
or occupation in the local area or the
planning region, or in another area to
which an adult or dislocated worker
receiving such services is willing to
relocate, except that a local board may
approve training services for
occupations determined by the local
board to be in sectors of the economy
that have a high potential for
sustained demand or growth in the local
area.
(iv) Rule of construction.--Nothing
in this paragraph shall be construed to
preclude the combined use of individual
training accounts and contracts in the
provision of training services,
including arrangements that allow
individuals receiving individual
training accounts to obtain training
services that are contracted for under
clause (ii).
(H) Reimbursement for on-the-job training.--
(i) Reimbursement level.--For
purposes of the provision of on-the-job
training under this paragraph, the
Governor or local board involved may
increase the amount of the
[reimbursement described in section
3(44)] reimbursement described in the
definition of the term ``on-the-job
training'' in section 3 to an amount of
up to 75 percent of the wage rate of a
participant for a program carried out
under chapter 2 or this chapter, if,
respectively--
(I) the Governor approves the
increase with respect to a
program carried out with funds
reserved by the State under
that chapter, taking into
account the factors described
in clause (ii); or
(II) the local board approves
the increase with respect to a
program carried out with funds
allocated to a local area under
such chapter, taking into
account those factors.
(ii) Factors.--For purposes of clause
(i), the Governor or local board,
respectively, shall take into account
factors consisting of--
(I) the characteristics of
the participants, such as the
extent to which participants
are individuals with barriers
to employment;
(II) the size of the
employer;
(III) the quality of
employer-provided training and
advancement opportunities,
including whether the skills a
participant will obtain are
transferable to other
employers, occupations, or
industries in the local area or
the State; and
(IV) such other factors as
the Governor or local board,
respectively, may determine to
be appropriate, which may
include the number of employees
participating in the training,
wage and benefit levels of
those employees (at present and
anticipated upon completion of
the training), and relation of
the training to the
competitiveness of a
participant.
(I) Employer-directed skills development.--An
employer may receive a contract from a local
board to provide employer-directed skills
development to a participant or group of
participants if the employer submits to the
local board an agreement that establishes--
(i) the provider of the skills
development program, which may be the
employer;
(ii) the length of the skills
development program;
(iii) the recognized postsecondary
credentials that will be awarded to, or
the occupational skills that will be
gained by, program participants;
(iv) the cost of the skills
development program;
(v) the amount of such cost that will
be paid by the employer, which shall
not be less than the amount specified
in section 3(14)(C); and
(vi) a commitment by the employer to
employ the participating individual or
individuals upon successful completion
of the program.
(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) In general.--
(A) Activities.--Funds allocated to a local
area for adults under paragraph (2)(A) or (3),
as appropriate, of section 133(b), and funds
allocated to the local area for dislocated
workers under section 133(b)(2)(B), may be used
to provide, through the one-stop delivery
system involved (and through collaboration with
the local board, for the purpose of the
activities described in clauses (vii) and
(ix))--
(i) customized screening and referral
of qualified participants in training
services described in subsection (c)(3)
to employers;
(ii) customized employment-related
services to employers, employer
associations, or other such
organizations on a fee-for-service
basis;
[(iii) implementation of a pay-for-
performance contract strategy for
training services, for which the local
board may reserve and use not more than
10 percent of the total funds allocated
to the local area under paragraph (2)
or (3) of section 133(b);]
(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;
(iv) customer support to enable
individuals with barriers to employment
(including individuals with
disabilities) and veterans, to navigate
among multiple services and activities
for such populations;
(v) technical assistance for one-stop
operators, one-stop partners, and
eligible providers of training
services, regarding the provision of
services to individuals with
disabilities in local areas, including
the development and training of staff,
the provision of outreach, intake,
assessments, and service delivery, the
coordination of services across
providers and programs, and the
development of performance
accountability measures;
(vi) employment and training
activities provided in coordination
with--
(I) child support enforcement
activities of the State and
local agencies carrying out
part D of title IV of the
Social Security Act (42 U.S.C.
651 et seq.);
(II) child support services,
and assistance, provided by
State and local agencies
carrying out part D of title IV
of the Social Security Act (42
U.S.C. 651 et seq.);
(III) cooperative extension
programs carried out by the
Department of Agriculture; and
(IV) activities to facilitate
remote access to services
provided through a one-stop
delivery system, including
facilitating access through the
use of technology;
(vii) activities--
(I) to improve coordination
between workforce investment
activities and economic
development activities carried
out within the local area
involved, and to promote
entrepreneurial skills training
and microenterprise services;
(II) to improve services and
linkages between the local
workforce investment system
(including the local one-stop
delivery system) and employers,
including small employers, in
the local area, through
services described in this
section; [and]
(III) to strengthen linkages
between the one-stop delivery
system and unemployment
insurance programs; and
(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;
(viii) training programs for
displaced homemakers and for
individuals training for nontraditional
occupations, in conjunction with
programs operated in the local area;
(ix) activities to provide business
services and strategies that meet the
workforce investment needs of area
employers, as determined by the local
board, consistent with the local plan
under section 108, which services--
(I) 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
(II) may include--
(aa) developing and
implementing industry
sector strategies
(including strategies
involving industry
partnerships, regional
skills alliances,
industry skill panels,
and sectoral skills
partnerships);
(bb) 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;
(cc) assistance to
area employers in
managing reductions in
force in coordination
with rapid response
activities provided
under subsection
(a)(2)(A) and with
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;
[and]
(dd) the marketing of
business services
offered under this
title, to appropriate
area employers,
including small and
mid-sized employers;
and
(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;
(x) activities to adjust the economic
self-sufficiency standards referred to
in subsection (a)(3)(A)(xii) for local
factors, or activities to adopt,
calculate, or commission for approval,
economic self-sufficiency standards for
the local areas that specify the income
needs of families, by family size, the
number and ages of children in the
family, and substate geographical
considerations;
(xi) improved coordination between
employment and training activities and
programs carried out in the local area
for individuals with disabilities,
including programs carried out by State
agencies relating to intellectual
disabilities and developmental
disabilities, activities carried out by
Statewide Independent Living Councils
established under section 705 of the
Rehabilitation Act of 1973 (29 U.S.C.
796d), programs funded under part B of
chapter 1 of title VII of such Act (29
U.S.C. 796e et seq.), and activities
carried out by centers for independent
living, as defined in section 702 of
such Act (29 U.S.C. 796a); [and]
(xii) implementation of promising
services to workers and businesses,
which may include support for
education, training, skill upgrading,
and statewide networking for employees
to become workplace learning advisors
and maintain proficiency in carrying
out the activities associated with such
advising[.];
(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).
(B) Work support activities for low-wage
workers.--
(i) In general.--Funds allocated to a
local area for adults under paragraph
(2)(A) or (3), as appropriate, of
section 133(b), and funds allocated to
the local area for dislocated workers
under section 133(b)(2)(B), may be used
to provide, through the one-stop
delivery system involved, work support
activities designed to assist low-wage
workers in retaining and enhancing
employment. The one-stop partners of
the system shall coordinate the
appropriate programs and resources of
the partners with the activities and
resources provided under this
subparagraph.
(ii) Activities.--The work support
activities described in clause (i) may
include the provision of activities
described in this section through the
one-stop delivery system in a manner
that enhances the opportunities of such
workers to participate in the
activities, such as the provision of
activities described in this section
during nontraditional hours and the
provision of onsite child care while
such activities are being provided.
(2) Supportive services.--Funds allocated to a local
area for adults under paragraph (2)(A) or (3), as
appropriate, of section 133(b), and funds allocated to
the local area for dislocated workers under section
133(b)(2)(B), may be used to provide supportive
services to adults and dislocated workers,
respectively--
(A) who are participating in programs with
activities authorized in paragraph (2) or (3)
of subsection (c); and
(B) who are unable to obtain such supportive
services through other programs providing such
services.
(3) Needs-related payments.--
(A) In general.--Funds allocated to a local
area for adults under paragraph (2)(A) or (3),
as appropriate, of section 133(b), and funds
allocated to the local area for dislocated
workers under section 133(b)(2)(B), may be used
to provide needs-related payments to adults and
dislocated workers, respectively, who are
unemployed and do not qualify for (or have
ceased to qualify for) unemployment
compensation for the purpose of enabling such
individuals to participate in programs of
training services under subsection (c)(3).
(B) Additional eligibility requirements.--In
addition to the requirements contained in
subparagraph (A), a dislocated worker who has
ceased to qualify for unemployment compensation
may be eligible to receive needs-related
payments under this paragraph only if such
worker was enrolled in the training services--
(i) by the end of the 13th week after
the most recent layoff that resulted in
a determination of the worker's
eligibility for employment and training
activities for dislocated workers under
this subtitle; or
(ii) if later, by the end of the 8th
week after the worker is informed that
a short-term layoff will exceed 6
months.
(C) Level of payments.--The level of a needs-
related payment made to a dislocated worker
under this paragraph shall not exceed the
greater of--
(i) the applicable level of
unemployment compensation; or
(ii) if such worker did not qualify
for unemployment compensation, an
amount equal to the poverty line, for
an equivalent period, which amount
shall be adjusted to reflect changes in
total family income.
(4) Incumbent worker training programs.--
(A) In general.--
(i) Standard reservation of funds.--
The local board may reserve and use not
more than [20] 30 percent of the funds
allocated to the local area involved
under section 133(b) to pay for the
Federal share of the cost of providing
training through a training program for
incumbent workers, carried out in
accordance with this paragraph.
(ii) Increase in reservation of
funds.--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''.
[(ii)] (iii) Determination of
eligibility.--For the purpose of
determining the eligibility of an
employer to receive funding under
clause (i), the local board shall take
into account factors consisting of--
(I) the characteristics of
the participants in the
program;
(II) the relationship of the
training to the competitiveness
of a participant and the
employer; and
(III) such other factors as
the local board may determine
to be appropriate, which may
include the number of employees
participating in the training,
the wage and benefit levels of
those employees (at present and
anticipated upon completion of
the training), and the
existence of other training and
advancement opportunities
provided by the employer.
[(iii)] (iv) Statewide impact.--The
Governor or State board involved may
make recommendations to the local board
for providing incumbent worker training
that has statewide impact.
(B) Training activities.--The training
program for incumbent workers carried out under
this paragraph shall be carried out by the
local board in conjunction with the employers
or groups of employers of such workers (which
may include employers in partnership with other
entities for the purposes of delivering
training) for the purpose of assisting such
workers in obtaining the skills necessary to
retain employment or avert layoffs.
(C) Employer payment of non-federal share.--
Employers participating in the program carried
out under this paragraph shall be required to
pay for the non-Federal share of the cost of
providing the training to incumbent workers of
the employers.
(D) Non-federal share.--
(i) Factors.--Subject to clause (ii),
the local board shall establish the
non-Federal share of such cost (taking
into consideration such other factors
as the number of employees
participating in the training, the wage
and benefit levels of the employees (at
the beginning and anticipated upon
completion of the training), the
relationship of the training to the
competitiveness of the employer and
employees, and the availability of
other employer-provided training and
advancement opportunities.
(ii) Limits.--The non-Federal share
shall not be less than--
(I) 10 percent of the cost,
for employers with not more
than 50 employees;
(II) 25 percent of the cost,
for employers with more than 50
employees but not more than 100
employees; and
(III) 50 percent of the cost,
for employers with more than
100 employees.
(iii) Calculation of employer
share.--The non-Federal share provided
by an employer participating in the
program may include the amount of the
wages paid by the employer to a worker
while the worker is attending a
training program under this paragraph.
The employer may provide the share in
cash or in kind, fairly evaluated.
(E) 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) may use up to 5 percent
of the funds reserved by the
local area under subparagraph
(A)(i) or, if the local area
reserved funds under
subparagraph (A)(ii), up to 10
percent of such reserved funds;
and
(II) may use funds reserved
under section 134(a)(2)(A) for
statewide rapid response
activities and provided by the
State to local area to
establish such accounts.
(ii) Eligibility.--
(I) In general.--Subject to
subclause (II), a local board
that seeks to establish
incumbent worker upskilling
accounts under clause (i) shall
establish criteria for
determining the eligibility of
an incumbent worker to receive
such an account, which shall
take into account factors of--
(aa) the wages of the
incumbent worker as of
the date of determining
such worker's
eligibility under this
clause;
(bb) the career
advancement
opportunities for the
incumbent worker in the
occupation of such
worker as of such date;
and
(cc) the ability of
the incumbent worker
to, upon completion of
the program of training
services selected by
such worker, secure
employment in an in-
demand industry or
occupation in the local
area that will lead to
economic self-
sufficiency and wages
higher than the current
wages of the incumbent
worker.
(II) Limitation.--
(aa) In general.--An
incumbent worker
described in item (bb)
shall be ineligible to
receive an incumbent
worker upskilling
account under this
subparagraph.
(bb) Ineligibility.--
Item (aa) shall apply
to an incumbent
worker--
(AA) whose
total annual
wages for the
most recent
year are
greater than
the median
household
income of the
State; or
(BB) who has
earned a
baccalaureate
or professional
degree.
(iii) Cost sharing for certain
incumbent workers.--With respect to an
incumbent worker determined to be
eligible to receive an incumbent worker
upskilling account who is not a low-
income individual--
(I) such incumbent worker
shall pay not less than 25
percent of the cost of the
program of training services
selected by such worker; and
(II) funds provided through
the incumbent worker upskilling
account established for such
worker shall cover the
remaining 75 percent of the
cost of the program.
(5) Transitional jobs.--The local board may use not
more than 10 percent of the funds allocated to the
local area involved under section 133(b) to provide
transitional jobs under subsection (c)(3) that--
(A) are time-limited work experiences that
are subsidized and are in the public, private,
or nonprofit sectors for individuals with
barriers to employment who are chronically
unemployed or have an inconsistent work
history;
(B) are combined with comprehensive
employment and supportive services; and
(C) are designed to assist the individuals
described in subparagraph (A) to establish a
work history, demonstrate success in the
workplace, and develop the skills that lead to
entry into and retention in unsubsidized
employment.
CHAPTER 4--GENERAL WORKFORCE INVESTMENT PROVISIONS
[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), $820,430,000 for fiscal year 2015,
$883,800,000 for fiscal year 2016, $902,139,000 for fiscal year
2017, $922,148,000 for fiscal year 2018, $943,828,000 for
fiscal year 2019, and $963,837,000 for fiscal year 2020.
[(b) Adult employment and training activities.--There are
authorized to be appropriated to carry out the activities
described in section 132(a)(1), $766,080,000 for fiscal year
2015, $825,252,000 for fiscal year 2016, $842,376,000 for
fiscal year 2017, $861,060,000 for fiscal year 2018,
$881,303,000 for fiscal year 2019, and $899,987,000 for fiscal
year 2020.
[(c) Dislocated worker employment and training activities.--
There are authorized to be appropriated to carry out the
activities described in section 132(a)(2), $1,222,457,000 for
fiscal year 2015, $1,316,880,000 for fiscal year 2016,
$1,344,205,000 for fiscal year 2017, $1,374,019,000 for fiscal
year 2018, $1,406,322,000 for fiscal year 2019, and
$1,436,137,000 for fiscal year 2020.]
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 C--Job Corps
SEC. 141. PURPOSES.
The purposes of this subtitle are--
(1) to maintain a national Job Corps program, carried
out in partnership with States and communities, to--
(A) assist eligible youth to connect to the
labor force by providing them with intensive
social, academic, career and technical
education, and service-learning opportunities,
in primarily residential [centers] campuses, in
order for such youth to obtain secondary school
diplomas or recognized postsecondary
credentials leading to--
(i) successful careers, in in-demand
industry sectors or occupations or the
Armed Forces, that will result in
economic self-sufficiency and
opportunities for advancement; or
(ii) enrollment in postsecondary
education, including an apprenticeship
program; and
(B) support responsible citizenship;
(2) to set forth standards and procedures for
selecting individuals as enrollees in the Job Corps;
(3) to authorize the establishment of Job Corps
[centers] campuses in which enrollees will participate
in intensive programs of activities described in this
subtitle; and
(4) to prescribe various other powers, duties, and
responsibilities incident to the operation and
continuing development of the Job Corps.
SEC. 142. DEFINITIONS.
In this subtitle:
(1) Applicable local board.--The term ``applicable
local board'' means a local board--
(A) that provides information for a Job Corps
[center] campus on local employment
opportunities and the job skills needed to
obtain the opportunities; and
(B) that serves communities in which the
graduates of the Job Corps [center] campus seek
employment.
(2) Applicable one-stop center.--The term
``applicable one-stop center'' means a one-stop center
that provides services, such as referral, assessment,
recruitment, and placement, to support the purposes of
the Job Corps.
(3) Enrollee.--The term ``enrollee'' means an
individual who has voluntarily applied for, been
selected for, and enrolled in the Job Corps program,
and remains with the program, but has not yet become a
graduate.
(4) Former enrollee.--The term ``former enrollee''
means an individual who has voluntarily applied for,
been selected for, and enrolled in the Job Corps
program, but left the program prior to becoming a
graduate.
(5) Graduate.--The term ``graduate'' means an
individual who has voluntarily applied for, been
selected for, and enrolled in the Job Corps program and
who, as a result of participation in the Job Corps
program, has received a secondary school diploma or
recognized equivalent, or completed the requirements of
a career and technical education and training program
that prepares individuals for employment leading to
economic self-sufficiency or entrance into
postsecondary education or training.
(6) Job Corps.--The term ``Job Corps'' means the Job
Corps described in section 143.
(7) Job corps [center] campus.--The term ``Job Corps
[center] campus'' means a [center] campus described in
section 147.
(8) Operator.--The term ``operator'' means an entity
selected under this subtitle to operate a Job Corps
[center] campus.
(9) Region.--The term ``region'' means an area
defined by the Secretary.
(10) Service provider.--The term ``service provider''
means an entity selected under this subtitle to provide
services described in this subtitle to a Job Corps
[center] campus.
* * * * * * *
SEC. 144. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
(a) In general.--To be eligible to become an enrollee, an
individual shall be--
(1) not less than age 16 and not more than age [21]
24 on the date of enrollment, except that--
[(A) not more than 20 percent of the
individuals enrolled in the Job Corps may be
not less than age 22 and not more than age 24
on the date of enrollment; and]
(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
(B) [either] such maximum age limitation may
be waived by the Secretary, in accordance with
regulations of the Secretary, in the case of an
individual with a disability;
(2) a low-income individual or a resident of a
qualified opportunity zone as defined in section 1400Z-
1(a) of the Internal Revenue Code of 1986; and
(3) an individual who is one or more of the
following:
[(A) Basic skills deficient.]
(A) Has foundational skill needs.
(B) A school dropout.
(C) A homeless individual (as defined in
section 41403(6) of the Violence Against Women
Act of 1994 (42 U.S.C. 14043e-2(6))), a
homeless child or youth (as defined in section
725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2))), a
runaway, an individual in foster care, or an
individual who was in foster care and has aged
out of the foster care system.
(D) A parent.
(E) An individual who requires additional
education, career and technical education or
training, or workforce preparation skills to be
able to obtain and retain employment that leads
to economic self-sufficiency.
(F) A victim of a severe form of trafficking
in persons (as defined in section 103 of the
Victims of Trafficking and Violence Protection
Act of 2000 (22 U.S.C. 7102)). Notwithstanding
paragraph (2), an individual described in this
subparagraph shall not be required to
demonstrate eligibility under such paragraph.
(b) Special Rule for Veterans.--Notwithstanding the
requirement of subsection (a)(2), a veteran 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 shall be eligible to become an enrollee
under subsection (a) if the individual--
(1) meets the requirements of paragraphs (1) and (3)
of such subsection; and
(2) does not meet the requirement of subsection
(a)(2) because the military income earned by such
individual within the 6-month period prior to the
individual's application for Job Corps prevents the
individual from meeting such requirement.
(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. 145. RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT OF
ENROLLEES.
(a) Standards and Procedures.--
(1) In general.--The Secretary shall prescribe
specific standards and procedures for the recruitment,
screening, and selection of eligible applicants for the
Job Corps, after considering recommendations from
Governors of States, local boards, and other interested
parties.
(2) Methods.--In prescribing standards and procedures
under paragraph (1), the Secretary, at a minimum,
shall--
[(A) prescribe procedures for informing
enrollees that drug tests will be administered
to the enrollees and the results received
within 45 days after the enrollees enroll in
the Job Corps;]
(A) prescribe procedures for--
(i) administering drug tests to
enrollees; and
(ii) informing such enrollees that
drug tests will be administered;
(B) establish standards for recruitment of
Job Corps applicants;
(C) establish standards and procedures for--
(i) determining, for each applicant,
whether the educational and career and
technical education and training needs
of the applicant can best be met
through the Job Corps program or an
alternative program in the community in
which the applicant resides; and
(ii) obtaining from each applicant
pertinent data relating to background,
needs, and interests for determining
eligibility and potential assignment;
(D) where appropriate, take measures to
improve the professional capability of the
individuals conducting screening of the
applicants; [and]
(E) assure appropriate representation of
enrollees from urban areas and from rural
areas[.]; and
(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.
(3) Implementation.--The standards and procedures
shall be implemented through arrangements with--
(A) applicable one-stop centers;
(B) organizations that have a demonstrated
record of effectiveness in serving at-risk
youth and placing such youth into employment,
including community action agencies, business
organizations, or labor organizations; and
(C) child welfare agencies that are
responsible for children and youth eligible for
benefits and services under section 477 of the
Social Security Act (42 U.S.C. 677).
(4) Consultation.--The standards and procedures shall
provide for necessary consultation with individuals and
organizations, including court, probation, parole, law
enforcement, education, welfare, and medical
authorities and advisers.
(5) Reimbursement.--The Secretary is authorized to
enter into contracts with and make payments to
individuals and organizations for the cost of
conducting recruitment, screening, and selection of
eligible applicants for the Job Corps, as provided for
in this section. The Secretary shall make no payment to
any individual or organization solely as compensation
for referring the names of applicants for the Job
Corps.
(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.
(b) Special Limitations on Selection.--
(1) In general.--No individual shall be selected as
an enrollee unless the individual or organization
implementing the standards and procedures described in
subsection (a) determines that--
(A) there is a reasonable expectation that
the individual considered for selection can
participate successfully in group situations
and activities, and is not likely to engage in
behavior that would prevent other enrollees
from receiving the benefit of the Job Corps
program or be incompatible with the maintenance
of sound discipline and satisfactory
relationships between the Job Corps [center]
campus to which the individual might be
assigned and communities surrounding the Job
Corps [center] campus;
(B) the individual manifests a basic
understanding of both the rules to which the
individual will be subject and of the
consequences of failure to observe the rules,
and agrees to comply with such rules; and
(C) the individual has passed a background
check conducted in accordance with procedures
established by the Secretary and with
applicable State and local laws.
(2) Individuals on probation, parole, or supervised
release.--An individual on probation, parole, or
supervised release may be selected as an enrollee only
if release from the supervision of the probation or
parole official involved is satisfactory to the
official and the Secretary and does not violate
applicable laws (including regulations). No individual
shall be denied a position in the Job Corps solely on
the basis of individual contact with the criminal
justice system except for a disqualifying conviction as
specified in paragraph (3).
(3) Individuals convicted of certain crimes.--An
individual shall not be selected as an enrollee if the
individual has been convicted of a felony consisting of
murder (as described in section 1111 of title 18,
United States Code), child abuse, or a crime involving
rape or sexual assault.
(c) Assignment Plan.--
(1) In general.--Every 2 years, the Secretary shall
develop and implement a plan for assigning enrollees to
Job Corps [centers] campus. In developing the plan, the
Secretary shall, based on the analysis described in
paragraph (2), establish targets, applicable to each
Job Corps [center] campus, for--
(A) the maximum attainable percentage of
enrollees at the Job Corps [center] campus that
reside in the State in which the [center]
campus is located; and
(B) the maximum attainable percentage of
enrollees at the Job Corps [center] campus that
reside in the region in which the [center]
campus is located, and in surrounding regions.
(2) Analysis.--In order to develop the plan described
in paragraph (1), every 2 years the Secretary, in
consultation with operators of Job Corps [centers]
campus, shall analyze relevant factors relating to each
Job Corps [center] campus, including--
(A) the size of the population of individuals
eligible to participate in Job Corps in the
State and region in which the Job Corps
[center] campus is located, and in surrounding
regions;
(B) the relative demand for participation in
the Job Corps in the State and region, and in
surrounding regions;
(C) the capacity and utilization of the Job
Corps [center] campus, including the education,
training, and supportive services provided
through the [center] campus; and
(D) the performance of the Job Corps [center]
campus relating to the expected levels of
performance for the indicators described in
section 159(c)(1), and whether any actions have
been taken with respect to such [center] campus
pursuant to paragraphs (2) and (3) of section
159(f).
(d) Assignment of Individual Enrollees.--
(1) In general.--After an individual has been
selected for the Job Corps in accordance with the
standards and procedures of the Secretary under
subsection (a), the enrollee shall be assigned to the
Job Corps [center] campus that offers the type of
career and technical education and training selected by
the individual and, among the [centers] campus that
offer such education and training, is closest to the
home of the individual. The Secretary may waive this
requirement if--
(A) the enrollee would be unduly delayed in
participating in the Job Corps program because
the closest [center] campus is operating at
full capacity; or
(B) the parent or guardian of the enrollee
requests assignment of the enrollee to another
Job Corps [center] campus due to circumstances
in the community of the enrollee that would
impair prospects for successful participation
in the Job Corps program.
(2) Enrollees who are younger than 18.--An enrollee
who is younger than 18 shall not be assigned to a Job
Corps [center] campus other than the [center] campus
closest to the home that offers the career and
technical education and training desired by the
enrollee pursuant to paragraph (1) if the parent or
guardian of the enrollee objects to the assignment.
* * * * * * *
SEC. 147. JOB CORPS [CENTERS] CAMPUSES.
(a) Operators and Service Providers.--
(1) Eligible Entities.--
(A) Operators.--The Secretary shall enter
into an agreement with a Federal, State, or
local agency, an area career and technical
education school, an institution of higher
education, a residential career and technical
education school, or a private organization,
for the operation of each Job Corps [center]
campus.
(B) Providers.--The Secretary may enter into
an agreement with a local entity, or other
entity with the necessary capacity, to provide
activities described in this subtitle to a Job
Corps [center] campus.
(2) Selection process.--
(A) Competitive basis.--Except as provided in
subsections (a) and (b) of section 3304 of
title 41, United States Code, and paragraph
(2)(C)(iii) of section 159(f), the Secretary
shall select on a competitive basis an entity
to operate a Job Corps [center] campus and
entities to provide activities described in
this subtitle to the Job Corps [center] campus.
In developing a solicitation for an operator or
service provider, the Secretary shall consult
with the Governor of the State in which the
[center] campus is located, the workforce
council for the Job Corps [center] campus (if
established), and the applicable local board
regarding the contents of such solicitation,
including elements that will promote the
consistency of the activities carried out
through the [center] campus with the objectives
set forth in the State plan or in a local plan.
(B) Recommendations and considerations.--
(i) Operators.--In selecting an
entity to [operate a Job Corps center]
operate a Job Corps campus, the
Secretary shall consider--
(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;
[(I)] (III) the ability of
the entity to coordinate the
activities carried out through
the Job Corps [center] campus
with activities carried out
under the appropriate State
plan and local plans;
[(II)] (IV) the ability of
the entity to offer career and
technical education and
training that has been proposed
by the workforce council under
section 154(c), and the degree
to which such education and
training reflects employment
opportunities in the local
areas in which enrollees at the
[center] campus intend to seek
employment;
[(III)] (V) the degree to
which the entity demonstrates
relationships with the
surrounding communities,
employers, labor organizations,
State boards, local boards,
applicable one-stop centers,
and the State and region in
which the [center is located]
campus is located, including
agreements to provide off-
campus work-based learning
opportunities aligned with the
career and technical education
provided to enrollees;
[(IV) the performance of the
entity, if any, relating to
operating or providing
activities described in this
subtitle to a Job Corps center,
including information regarding
the entity in any reports
developed by the Office of
Inspector General of the
Department of Labor and the
entity's demonstrated
effectiveness in assisting
individuals in achieving the
primary indicators of
performance for eligible youth
described in section
116(b)(2)(A)(ii); and
[(V) the ability of the
entity to demonstrate a record
of successfully assisting at-
risk youth to connect to the
workforce, including providing
them with intensive academics
and career and technical
education and training.]
(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.
(ii) Providers.--In selecting a
service provider for a Job Corps
[center] campus, the Secretary shall
consider the factors described in
clause (i).
(3) Additional selection factors.--To be eligible to
operate a Job Corps [center] campus, an entity shall
submit to the Secretary, at such time and in such
manner as the Secretary may require, information
related to additional selection factors, which shall
include the following:
(A) A description of the program activities
that will be offered at the [center] campus and
how the academics and career and technical
education and training reflect State and local
employment opportunities, including
opportunities in in-demand industry sectors and
occupations recommended by the workforce
council under section 154(c)(2)(A).
(B) A description of the counseling,
placement, and support activities that will be
offered at the [center] campus, including a
description of the strategies and procedures
the entity will use to place graduates into
unsubsidized employment or education leading to
a recognized postsecondary credential upon
completion of the program.
(C) A description of the demonstrated record
of effectiveness that the entity has in placing
at-risk youth into employment and postsecondary
education, including past performance of
operating a Job Corps [center] campus under
this subtitle or subtitle C of title I of the
Workforce Investment Act of 1998, and as
appropriate, the entity's demonstrated
effectiveness in assisting individuals in
achieving the indicators of performance for
eligible youth described in section
116(b)(2)(A)(ii).
(D) A description of the relationships that
the entity has developed with State boards,
local boards, applicable one-stop centers,
employers, labor organizations, State and local
educational agencies, and the surrounding
communities in which the [center] campus is
located, including agreements to provide off-
campus work-based learning opportunities
aligned with the career and technical education
provided to enrollees, in an effort to promote
a comprehensive statewide workforce development
system.
(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.
[(E)] (F) A description of the entity's
ability to coordinate the activities carried
out through the Job Corps [center] campus with
activities carried out under the appropriate
State plan and local plans.
[(F)] (G) A description of the strong fiscal
controls the entity has in place to ensure
proper accounting of Federal funds, and a
description of how the entity will meet the
requirements of section 159(a).
[(G)] (H) A description of the steps to be
taken to control costs in accordance with
section 159(a)(3).
[(H)] (I) A detailed budget of the activities
that will be supported using funds under this
subtitle and non-Federal resources.
[(I)] (J) An assurance the entity is licensed
to operate in the State in which the [center]
campus is located.
[(J)] (K) An assurance the entity will comply
with basic health and safety codes, which shall
include the disciplinary measures described in
section 152(b).
[(K)] (L) Any other information on additional
selection factors that the Secretary may
require.
(b) High-performing [Centers] Campuses.--
(1) In general.--If an entity meets the requirements
described in paragraph (2) as applied to a particular
Job Corps [center] campus, such entity shall be allowed
to compete in any competitive selection process carried
out for an award to operate such [center] campus.
(2) High performance.--An entity shall be considered
to be an operator of a high-performing [center] campus
if the Job Corps [center] campus operated by the
entity--
(A) is ranked among the top [20 percent] 25
percent of Job Corps [centers] campuses for the
most recent preceding program year; and
(B) meets the expected levels of performance
established under section 159(c)(1) and, with
respect to each of the primary indicators of
performance for eligible youth described in
section 116(b)(2)(A)(ii)--
(i) for the period of the most recent
preceding 3 program years for which
information is available at the time
the determination is made, achieved an
average of 100 percent, or higher, of
the expected level of performance
established under section 159(c)(1) for
the indicator; and
(ii) for the most recent preceding
program year for which information is
available at the time the determination
is made, achieved 100 percent, or
higher, of the expected level of
performance established under such
section for the indicator.
[(3) Transition.--If any of the program years
described in paragraph (2)(B) precedes the
implementation of the establishment of expected levels
of performance under section 159(c) and the application
of the primary indicators of performance for eligible
youth described in section 116(b)(2)(A)(ii), an entity
shall be considered an operator of a high-performing
center during that period if the Job Corps center
operated by the entity--
[(A) meets the requirements of paragraph
(2)(B) with respect to such preceding program
years using the performance of the Job Corps
center regarding the national goals or targets
established by the Office of the Job Corps
under the previous performance accountability
system for--
[(i) the 6-month follow-up placement
rate of graduates in employment, the
military, education, or training;
[(ii) the 12-month follow-up
placement rate of graduates in
employment, the military, education, or
training;
[(iii) the 6-month follow-up average
weekly earnings of graduates;
[(iv) the rate of attainment of
secondary school diplomas or their
recognized equivalent;
[(v) the rate of attainment of
completion certificates for career and
technical training;
[(vi) average literacy gains; and
[(vii) average numeracy gains; or
[(B) is ranked among the top 5 percent of Job
Corps centers for the most recent preceding
program year.]
(c) Character and Activities.--Job Corps [centers] campuses
may be residential or nonresidential in character, and shall be
designed and operated so as to provide enrollees, in a well-
supervised setting, with access to activities described in this
subtitle. In any year, no more than [20 percent] 30 percent of
the individuals enrolled in the Job Corps may be nonresidential
participants in the Job Corps.
(d) Civilian conservation centers.--
(1) In general.--The Job Corps [centers] campuses may
include Civilian Conservation Centers, operated under
an agreement between the Secretary of Labor and the
Secretary of Agriculture, that are located primarily in
rural areas. Such [centers] campuses shall provide, in
addition to academics, career and technical education
and training, and workforce preparation skills
training, programs of work experience to conserve,
develop, or manage public natural resources or public
recreational areas or to develop community projects in
the public interest.
(2) Assistance during disasters.--Enrollees in
Civilian Conservation Centers may provide assistance in
addressing national, State, and local disasters,
consistent with current child labor laws (including
regulations). The Secretary of Agriculture shall ensure
that with respect to the provision of such assistance
the enrollees are properly trained, equipped,
supervised, and dispatched consistent with standards
for the conservation and rehabilitation of wildlife
established under the Fish and Wildlife Coordination
Act (16 U.S.C. 661 et seq.).
(3) National liaison.--The Secretary of Agriculture
shall designate a Job Corps National Liaison to support
the agreement under this section between the
Departments of Labor and Agriculture.
(e) Indian Tribes.--
(1) General authority.--The Secretary may enter into
agreements with Indian tribes to operate Job Corps
[centers] campuses for Indians.
(2) Definitions.--In this subsection, the terms
``Indian'' and ``Indian tribe'' have the meanings given
such terms in subsections (d) and (e), respectively, of
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(f) Length of Agreement.--The agreement described in
subsection (a)(1)(A) shall be for not more than a [2-year
period] 3-year period. The Secretary may exercise any
contractual option to renew the agreement in 1-year increments
for not more than 3 additional years, consistent with the
requirements of subsection (g).
(g) Renewal Conditions.--
(1) In general.--Subject to paragraph (2), the
Secretary shall not renew the terms of an agreement for
any 1-year additional period described in subsection
(f) for an entity to operate a particular Job Corps
[center] campus if, for both of the 2 most recent
preceding program years for which information is
available at the time the determination is made, or if
a second program year is not available, the preceding
year for which information is available, such [center]
campus--
[(A) has been ranked in the lowest 10 percent
of Job Corps centers; and]
[(B)] (A) failed to achieve an average of [50
percent] 80 percent or higher of the expected
level of performance under section 159(c)(1)
with respect to each of the primary indicators
of performance for eligible youth described in
section 116(b)(2)(A)(ii)[.]; or
(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).
(2) Exception.--Notwithstanding paragraph (1), the
Secretary may exercise an option to renew the agreement
for no more than 2 additional years if the Secretary
determines such renewal would be in the best interest
of the Job Corps program, taking into account factors
including--
(A) significant improvements in program
performance in carrying out a performance
improvement plan under section 159(f)(2);
(B) that the performance is due to
circumstances beyond the control of the entity,
such as an emergency or disaster, as defined in
section 170(a)(1);
(C) a significant disruption in the
operations of the [center] campus, including in
the ability to continue to provide services to
students, or significant increase in the cost
of such operations; or
(D) a significant disruption in the
procurement process with respect to carrying
out a competition for the selection of a
[center] campus operator.
(3) Detailed explanation.--If the Secretary exercises
an option under paragraph (2), the Secretary [shall
provide] shall provide, at least 30 days prior to
renewing the agreement, 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 detailed explanation of the rationale
for exercising such option.
(4) Additional considerations.--The Secretary shall
only renew the agreement of an entity to operate a Job
Corps [center] campus if the entity--
(A) has a satisfactory record of integrity
and business ethics;
(B) has adequate financial resources to
perform the agreement;
(C) has the necessary organization,
experience, accounting and operational
controls, and technical skills; [and]
(D) has maintained a safe and secure campus
environment; and
[(D)] (E) is otherwise qualified and eligible
under applicable laws and regulations,
including that the contractor is not under
suspension or debarred from eligibility for
Federal contracts.
SEC. 148. PROGRAM ACTIVITIES.
(a) Activities Provided by Job Corps Centers.--
(1) In general.--Each Job Corps [center] campus shall
provide enrollees with an intensive, well organized,
and fully supervised program of education, including
English language acquisition programs, career and
technical education and training, work experience,
work-based learning, recreational activities, physical
rehabilitation and development, driver's education, and
counseling, which may include information about
financial literacy. Each Job Corps [center] campus
shall provide enrollees assigned to the [center] campus
with access to career services described in clauses (i)
through (xi) of section 134(c)(2)(A), and productive
activities, such as tutoring or other skills
development opportunities, for residential enrollees to
participate in outside of regular class time and work
hours in order to increase supervision of enrollees and
reduce behavior infractions.
(2) Relationship to opportunities.--The activities
provided under this subsection shall be targeted to
helping enrollees, on completion of their enrollment--
(A) secure and maintain meaningful
unsubsidized employment;
(B) enroll in and complete secondary
education or postsecondary education or
training programs, including other suitable
career and technical education and training,
and apprenticeship programs; or
(C) satisfy Armed Forces requirements.
(3) Link to employment opportunities.--The career and
technical education and training provided shall be
linked to employment opportunities in in-demand
industry sectors and occupations in the State or local
area in which the Job Corps [center] campus is located
and, to the extent practicable, in the State or local
area in which the enrollee intends to seek employment
after graduation.
(b) Academic and Career and Technical Education and
Training.--The Secretary may arrange for career and technical
education and training of enrollees through local public or
private educational agencies, career and technical educational
institutions, technical institutes, or national service
providers, whenever such entities provide education and
training substantially equivalent in cost and quality to that
which the Secretary could provide through other means.
(c) Advanced Career Training Programs.--
(1) In general.--The Secretary may arrange for
programs of advanced career training for selected
enrollees in which the enrollees may continue to
participate for a period of not to exceed 1 year in
addition to the period of participation to which the
enrollees would otherwise be limited. The advanced
career training may be provided through [the eligible
providers] any eligible provider of training services
identified under section 122 that is aligned with the
career and technical education an enrollee has
completed.
(2) Benefits.--During the period of participation in
an advanced career training program, an enrollee shall
be eligible for full Job Corps benefits, or a monthly
stipend equal to the average value of the residential
support, food, allowances, and other benefits provided
to enrollees assigned to residential Job Corps
[centers] campuses.
(3) Demonstration.--The Secretary shall develop
standards by which any operator seeking to enroll
additional enrollees in an advanced career training
program shall demonstrate, before the operator may
carry out such additional enrollment, that--
(A) participants in such program have
achieved a satisfactory rate of completion and
placement in training-related jobs; and
(B) for the most recently preceding 2 program
years, such operator has, on average, met or
exceeded the expected levels of performance
under section 159(c)(1) for each of the primary
indicators of performance for eligible youth
described in section 116(b)(2)(A)(ii).
(d) Graduate Services.--In order to promote the retention of
graduates in employment or postsecondary education, the
Secretary shall arrange for the provision of job placement and
support services to graduates for up to 12 months after the
date of graduation. Multiple resources, including one-stop
partners, may support the provision of these services,
including services from the State vocational rehabilitation
agency, to supplement job placement and job development efforts
for Job Corps graduates who are individuals with disabilities.
(e) Child Care.--The Secretary shall, to the extent
practicable, provide child care at or near Job Corps centers,
for individuals who require child care for their children in
order to participate in the Job Corps.
* * * * * * *
SEC. 150. SUPPORT.
(a) Personal Allowances.--The Secretary may provide enrollees
assigned to Job Corps [centers] campuses with such personal
allowances as the Secretary may determine to be necessary or
appropriate to meet the needs of the enrollees.
(b) Transition Allowances.--The Secretary shall arrange for a
transition allowance to be paid to graduates. The transition
allowance shall be incentive-based to reflect a graduate's
completion of academic, career and technical education or
training, and attainment of recognized postsecondary
credentials.
(c) Transition Support.--The Secretary may arrange for the
provision of 3 months of employment services for former
enrollees.
(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. 151. OPERATIONS.
(a) Operating Plan.--The provisions of the contract between
the Secretary and an entity selected to operate a Job Corps
[center] campus shall, at a minimum, serve as an operating plan
for the Job Corps [center] campus.
(b) Additional Information.--The Secretary may require the
operator, in order to remain eligible to operate the Job Corps
[center] campus, to submit such additional information as the
Secretary may require, which shall be considered part of the
operating plan.
(c) Availability.--The Secretary shall make the operating
plan described in subsections (a) and (b), excluding any
proprietary information, available to the public.
(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. 152. STANDARDS OF CONDUCT.
(a) Provision and Enforcement.--The Secretary shall provide,
and directors of Job Corps [centers] campuses shall stringently
enforce, standards of conduct within the [centers] campuses.
Such standards of conduct shall include provisions forbidding
the actions described in subsection (b)(2)(A). 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.
(b) Disciplinary Measures.--
(1) In general.--To promote the proper behavioral
standards in the Job Corps, the directors of Job Corps
[centers] campuses shall have the authority to take
appropriate disciplinary measures against enrollees if
such a director determines that an enrollee has
committed a violation of the standards of conduct. The
director shall dismiss the enrollee from the Job Corps
if the director determines that the retention of the
enrollee in the Job Corps will jeopardize the
enforcement of such standards, threaten the safety of
staff, students, or the local community, or diminish
the opportunities of other enrollees.
(2) Zero tolerance policy and drug testing.--
(A) Guidelines.--The Secretary shall adopt
guidelines establishing a zero tolerance policy
for an act of violence, for use, sale, or
possession of a controlled substance, for abuse
of alcohol, or for other illegal [or
disruptive] activity.
(B) Drug testing.--The Secretary shall
require drug testing of all enrollees for
controlled substances in accordance with
procedures prescribed by the Secretary under
section 145(a).
(C) Definitions.--In this paragraph:
(i) Controlled substance.--The term
``controlled substance'' has the
meaning given the term in section 102
of the Controlled Substances Act (21
U.S.C. 802).
(ii) Zero tolerance policy.--The term
``zero tolerance policy'' means a
policy under which an enrollee shall be
automatically dismissed from the Job
Corps after a determination by the
director that the enrollee has carried
out an action described in subparagraph
(A).
[(c) Appeal.--A disciplinary measure taken by a director
under this section shall be subject to expeditious appeal in
accordance with procedures established by the Secretary.]
(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.
(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. 153. COMMUNITY PARTICIPATION.
(a) Business and Community Participation.--The director of
each Job Corps [center] campus shall ensure the establishment
and development of the mutually beneficial business and
community relationships and networks described in subsection
(b), including the use of local boards, in order to enhance the
effectiveness of such [centers] campuses.
(b) Networks.--The activities carried out by each Job Corps
[center] campus under this section shall include--
(1) establishing and developing relationships and
networks with--
(A) local and distant employers, to the
extent practicable, in coordination with
entities carrying out other Federal and non-
Federal programs that conduct similar outreach
to employers;
(B) applicable one-stop [centers] campuses
and applicable local boards, for the purpose of
providing--
(i) information to, and referral of,
potential enrollees; and
(ii) job opportunities for Job Corps
graduates; and
(C)(i) entities carrying out relevant
apprenticeship programs and youth programs;
(ii) labor-management organizations and local
labor organizations;
(iii) employers and contractors that support
national training contractor programs; and
(iv) community-based organizations, non-
profit organizations, and intermediaries
providing workforce development-related
services; and
(2) establishing and developing relationships with
members of the community in which the Job Corps
[center] campus is located, informing members of the
community about the projects of the Job Corps [center]
campus and changes in the rules, procedures, or
activities of the [center] campus that may affect the
community, and planning events of mutual interest to
the community and the Job Corps [center] campus.
(c) New [Centers] Campuses.--The director of a Job Corps
[center] campus that is not yet operating shall ensure the
establishment and development of the relationships and networks
described in subsection (b) at least 3 months prior to the date
on which the [center] campus accepts the first enrollee at the
[center] campus.
SEC. 154. WORKFORCE COUNCILS.
(a) In general.--Each Job Corps [center] campus shall have a
workforce council, appointed by the director of the [center]
campus, in accordance with procedures established by the
Secretary.
(b) Workforce Council Composition.--
(1) In general.--A workforce council shall be
comprised of--
(A) a majority of members who shall be owners
of business concerns, chief executives or chief
operating officers of nongovernmental
employers, or other private sector employers,
who--
(i) have substantial management,
hiring, or policy responsibility; and
(ii) represent businesses with
employment opportunities that reflect
the employment opportunities of the
applicable local areas in which
enrollees will be seeking employment;
(B) representatives of labor organizations
(where present) and representatives of
employees; and
(C) enrollees and graduates of the Job Corps.
(2) Local board.--The workforce council may include
members of the applicable local boards who meet the
requirements described in paragraph (1).
(3) Employers outside of local area.--The workforce
council for a Job Corps [center] campus may include, or
otherwise provide for consultation with, employers from
outside the local area who are likely to hire a
significant number of enrollees from the Job Corps
[center] campus.
(4) Special rule for single state local areas.--In
the case of a single State local area designated under
section 106(d), the workforce council shall include a
representative of the State Board.
(c) Responsibilities.--The responsibilities of the workforce
council shall be--
(1) to work closely with all applicable local boards
in order to determine, and recommend to the Secretary,
appropriate career and technical education and training
for the [center] campus;
(2) to review all the relevant labor market
information, including related information in the State
plan or the local plan, to--
(A) recommend the in-demand industry sectors
or occupations in the area in which the Job
Corps [center] campus operates;
(B) determine the employment opportunities in
the local areas in which the enrollees intend
to seek employment after graduation;
(C) determine the skills and education that
are necessary to obtain the employment
opportunities; and
(D) recommend to the Secretary the type of
career and technical education an[center]d
training that should be implemented at the
[center] campus to enable the enrollees to
obtain the employment opportunities; and
(3) to meet at least once every 6 months to
reevaluate the labor market information, and other
relevant information, to determine, and recommend to
the Secretary, any necessary changes in the career and
technical education and training provided at the
[center] campus.
(d) New [Centers] Campuses.--The workforce council for a Job
Corps campus that is not yet operating shall carry out the
responsibilities described in subsection (c) at least 3 months
prior to the date on which the [center] campus accepts the
first enrollee at the [center] campus.
SEC. 155. ADVISORY COMMITTEES.
[The Secretary] (a) In General._The Secretary may establish
and use advisory committees in connection with the operation of
the Job Corps program, and the operation of Job Corps [centers]
campuses, whenever the Secretary determines that the
availability of outside advice and counsel on a regular basis
would be of substantial benefit in identifying and overcoming
problems, in planning program or [center] campus development,
or in strengthening relationships between the Job Corps and
agencies, institutions, or groups engaged in related
activities.
(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. 156. EXPERIMENTAL PROJECTS AND TECHNICAL ASSISTANCE.
(a) Projects.--The Secretary may carry out experimental,
research, or demonstration projects relating to carrying out
the Job Corps program. The Secretary may waive any provisions
of this subtitle that the Secretary finds would prevent the
Secretary from carrying out the projects if the Secretary
informs the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, in writing, not
less than 90 days in advance of issuing such waiver.
(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.
[(b)] (c) Technical assistance.--From the funds provided
under section 162 (for the purposes of administration), the
Secretary may reserve \1/4\ of 1 percent to provide, directly
or through grants, contracts, or other agreements or
arrangements as the Secretary considers appropriate, technical
assistance for the Job Corps program for the purpose of
improving program quality. Such assistance shall include--
(1) assisting Job Corps [centers] campuses and
programs--
(A) in correcting deficiencies under, and
violations of, this subtitle;
(B) in meeting or exceeding the expected
levels of performance under section 159(c)(1)
for the indicators of performance described in
section 116(b)(2)(A);
(C) in the development of sound management
practices, including financial management
procedures; [and]
(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
(2) assisting entities, including entities not
currently operating a Job Corps [center] campus, in
developing the additional selection factors information
described in section 147(a)(3).
* * * * * * *
SEC. 158. SPECIAL PROVISIONS.
(a) Enrollment.--The Secretary shall ensure that women and
men have an equal opportunity to participate in the Job Corps
program, consistent with section 145.
(b) Studies, Evaluations, Proposals, and Data.--The Secretary
shall assure that all studies, evaluations, proposals, and data
produced or developed with Federal funds in the course of
carrying out the Job Corps program shall become the property of
the United States.
(c) Transfer of Property.--
(1) In general.--Notwithstanding chapter 5 of title
40, United States Code, and any other provision of law,
the Secretary and the Secretary of Education shall
receive priority by the Secretary of Defense for the
direct transfer, on a nonreimbursable basis, of the
property described in paragraph (2) for use in carrying
out programs under this Act or under any other Act.
(2) Property.--The property described in this
paragraph is real and personal property under the
control of the Department of Defense that is not used
by such Department, including property that the
Secretary of Defense determines is in excess of current
and projected requirements of such Department.
(d) Gross Receipts.--Transactions conducted by a private for-
profit or nonprofit entity that is an operator or service
provider for a Job Corps [center] campus shall not be
considered to be generating gross receipts. Such an operator or
service provider shall not be liable, directly or indirectly,
to any State or subdivision of a State (nor to any person
acting on behalf of such a State or subdivision) for any gross
receipts taxes, business privilege taxes measured by gross
receipts, or any similar taxes imposed on, or measured by,
gross receipts in connection with any payments made to or by
such entity for operating or providing services to a Job Corps
[center] campus. Such an operator or service provider shall not
be liable to any State or subdivision of a State to collect or
pay any sales, excise, use, or similar tax imposed on the sale
to or use by such operator or service provider of any property,
service, or other item in connection with the operation of or
provision of services to a Job Corps [center] campus.
(e) Management Fee.--The Secretary shall provide each
operator and (in an appropriate case, as determined by the
Secretary) service provider with an equitable and negotiated
management fee of not less than 1 percent of the amount of the
funding provided under the appropriate agreement specified in
section 147.
(f) Donations.--The Secretary [may accept on behalf of the
Job Corps or individual Job Corps centers charitable donations
of cash], on behalf of the Job Corps or Job Corps campus
operators, may accept grants, charitable donations of cash, or
other assistance, including equipment and materials, if such
donations are available for appropriate use for the purposes
set forth in this subtitle. 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.
(g) Sale of Property.--Notwithstanding any other provision of
law, if the Administrator of General Services sells a Job Corps
[center] campus facility, the Administrator shall transfer the
proceeds from the sale to the Secretary, who shall use the
proceeds to carry out the Job Corps program.
SEC. 159. MANAGEMENT INFORMATION.
(a) Financial Management Information System.--
(1) In general.--The Secretary shall establish
procedures to ensure that each operator, and each
service provider, maintains a financial management
information system that will provide--
(A) accurate, complete, and current
disclosures of the costs of Job Corps
operations; and
(B) sufficient data for the effective
evaluation of activities carried out through
the Job Corps program.
(2) Accounts.--Each operator and service provider
shall maintain funds received under this subtitle in
accounts in a manner that ensures timely and accurate
reporting as required by the Secretary.
(3) Fiscal responsibility.--Operators shall remain
fiscally responsible and control costs, regardless of
whether the funds made available for Job Corps
[centers] campuses are incrementally increased or
decreased between fiscal years.
(b) Audit.--
(1) Access.--The Secretary, the Inspector General of
the Department of Labor, the Comptroller General of the
United States, and any of their duly authorized
representatives, shall have access to any books,
documents, papers, and records of the operators and
service providers described in subsection (a) that are
pertinent to the Job Corps program, for purposes of
conducting surveys, audits, and evaluations of the
operators and service providers.
(2) Surveys, audits, and evaluations.--The Secretary
shall survey, audit, or evaluate, or arrange for the
survey, audit, or evaluation of, the operators and
service providers, using Federal auditors or
independent public accountants. The Secretary shall
conduct such surveys, audits, or evaluations not less
often than once every 3 years.
(c) Information on Indicators of Performance.--
(1) Levels of Performance and Indicators.--[The
Secretary]
(A) In general._The Secretary shall annually
establish expected levels of performance for a
Job Corps [center] campus and the Job Corps
program that are ambitious yet achievable and
relating to each of the primary indicators of
performance for eligible youth described in
section 116(b)(2)(A)(ii).
(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.
(2) Performance of recruiters.--The Secretary shall
also establish performance indicators, and expected
levels of performance on the performance indicators,
for recruitment service providers serving the Job Corps
program. The performance indicators shall relate to--
(A) the number of enrollees recruited,
compared to the established goals for such
recruitment, and the number of enrollees who
remain committed to the program for 90 days
after enrollment; and
(B) the measurements described in
subparagraphs (I), (L), and (M) of subsection
(d)(1).
(3) Performance of career transition service
providers.--The Secretary shall also establish
performance indicators, and expected performance levels
on the performance indicators, for career transition
service providers serving the Job Corps program. The
performance indicators shall relate to--
(A) the primary indicators of performance for
eligible youth described in section
116(b)(2)(A)(ii); and
(B) the measurements described in
subparagraphs (D), (E), (H), (J), and (K) of
subsection (d)(1).
(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).
[(4)] (5) Report.--The Secretary shall collect, and
annually 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 including--
(A) information on the performance of each
Job Corps [center] campus, and the Job Corps
program, based on the performance indicators
described in paragraph (1), as compared to the
expected level of performance established under
such paragraph for each performance indicator;
[and]
(B) information on the performance of the
service providers described in paragraphs (2)
and (3) on the performance indicators
established under such paragraphs, as compared
to the expected level of performance
established for each performance indicator[.];
(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.
(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).
(d) Additional Information.--
(1) In general.--The Secretary shall also collect,
and submit in the report described in subsection
(c)(4), 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, information on
the performance of each Job Corps [center] campus, and
the Job Corps program, regarding--
(A) the number of enrollees served;
(B) demographic information on the enrollees
served, including age, race, [gender] sex, and
education and income level;
(C) the number of graduates of a Job Corps
[center] campus;
(D) the number of graduates who entered the
Armed Forces;
(E) the number of graduates who entered
apprenticeship programs;
(F) the number of graduates who received a
regular secondary school diploma;
(G) the number of graduates who received a
State recognized equivalent of a secondary
school diploma;
(H) the number of graduates who entered
unsubsidized employment related to the career
and technical education and training received
through the Job Corps program and the number
who entered unsubsidized employment not related
to the education and training received;
(I) the percentage and number of former
enrollees, including the number dismissed under
the zero tolerance policy described in section
152(b);
(J) the number of appeals under section
152(c) and a description of each appeal that
was approved;
[(J)] (K) the percentage and number of
graduates who enter postsecondary education;
[(K)] (L) the average wage of graduates who
enter unsubsidized employment--
(i) on the first day of such
employment; and
(ii) on the day that is 6 months
after such first day;
[(L)] (M) the percentages of enrollees
described in subparagraphs (A) and (B) of
section 145(c)(1), as compared to the
percentage targets established by the Secretary
under such section for the [center] campus;
[(M)] (N) the cost per enrollee, which is
calculated by comparing the number of enrollees
at the [center] campus in a program year to the
total budget for such [center] campus in the
same program year;
[(N)] (O) the cost per graduate, which is
calculated by comparing the number of graduates
of the [center] campus in a program year
compared to the total budget for such [center]
campus in the same program year; and
[(O)] (P) any additional information required
by the Secretary.
(2) Rules for reporting of data.--The disaggregation
of data under this subsection shall not be required
when the number of individuals in a category is
insufficient to yield statistically reliable
information or when the results would reveal personally
identifiable information about an individual.
(e) Methods.--The Secretary shall collect the information
described in subsections (c) and (d), using methods described
in section 116(i)(2) and consistent with State law, by entering
into agreements with the States to access such data for Job
Corps enrollees, former enrollees, and graduates.
[(f) Performance Assessments and Improvements.--
[(1) Assessments.--The Secretary shall conduct an
annual assessment of the performance of each Job Corps
center. Based on the assessment, the Secretary shall
take measures to continuously improve the performance
of the Job Corps program.
[(2) Performance improvement.--With respect to a Job
Corps center that fails to meet the expected levels of
performance relating to the primary indicators of
performance specified in subsection (c)(1), the
Secretary shall develop and implement a performance
improvement plan. Such a plan shall require action to
be taken during a 1-year period, including--
[(A) providing technical assistance to the
center;
[(B) changing the career and technical
education and training offered at the center;
[(C) changing the management staff of the
center;
[(D) replacing the operator of the center;
[(E) reducing the capacity of the center;
[(F) relocating the center; or
[(G) closing the center.
[(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. Such a plan
shall require improvements, including the actions
described in such paragraph, for a Job Corps center
that fails to meet criteria established by the
Secretary other than the expected levels of performance
described in such paragraph.
[(4) Civilian Conservation Centers.--With respect to
a Civilian Conservation Center that fails to meet the
expected levels of performance relating to the primary
indicators of performance specified in subsection
(c)(1) or fails to improve performance as described in
paragraph (2) after 3 program years, the Secretary, in
consultation with the Secretary of Agriculture, shall
select an entity to operate the Civilian Conservation
Center on a competitive basis, in accordance with the
requirements of section 147.]
(f) Performance Assessments and Improvements.--
(1) Assessments.--The Secretary shall conduct an
annual assessment of the performance of each Job Corps
campus on the primary indicators of performance
described in section 116(b)(2)(A)(ii), where each
indicator shall be given equal weight in determining
the overall performance of the campus. Based on the
assessment, the Secretary shall take measures to
continuously improve the performance of the Job Corps
program.
(2) Performance improvement.--
(A) Initial failure.--With respect to a Job
Corps campus that fails to meet an average of
90 percent on the expected levels of
performance across all the primary indicators
of performance specified in subsection (c)(1)
or is ranked among the lowest 10 percent of Job
Corps campuses, the Secretary shall, after each
program year of such performance failure,
develop and implement a performance improvement
plan for such campus. Such a plan shall require
action to be taken during a 1-year program year
period, which shall include providing technical
assistance to the campus.
(B) Repeat failure.--With respect to a Job
Corps campus that, for two consecutive program
years, fails to meet an average of 85 percent
on the expected levels of performance across
all the primary indicators of performance or is
ranked among the lowest 10 percent of Job Corps
campuses, the Secretary shall take substantial
action to improve the performance of such
campus, which shall include--
(i) changing the management staff of
the campus;
(ii) changing the career and
technical education and training
offered at the campus;
(iii) replacing the operator of the
campus; or
(iv) reducing the capacity of the
campus.
(C) Chronic failure.--With respect to a Job
Corps campus that, for the two consecutive
program years immediately following the
Secretary taking substantial performance action
under subparagraph (B), fails to meet an
average of 85 percent on the expected levels of
performance across all the primary indicators
or is ranked among the lowest 10 percent of Job
Corps campuses, the Secretary shall take
further substantial action to improve the
performance of such campus, which shall
include--
(i) relocating the campus;
(ii) closing the campus; or
(iii) awarding funding directly to
the State in which the campus is
located for operation of the campus,
and for which the Secretary shall enter
into a memorandum of understanding with
such State for purposes of operating
the campus in its current location and
may encourage innovation in such
memorandum of understanding by waiving
any statutory or regulatory requirement
of this subtitle except for those
related to participant eligibility
under section 144, standards of conduct
under section 152, and performance
reporting and accountability under this
section.
(3) Additional performance improvement.--In addition
to the performance improvement plans required under
paragraph (2), the Secretary may develop and implement
additional performance improvement plans for a Job
Corps campus that fails to meet criteria established by
the Secretary other than the expected levels of
performance described in subsection (c)(1).
(4) Civilian conservation centers.--With respect to a
Civilian Conservation Center that, for 3 consecutive
program years, fails to meet an average of 90 percent
of the expected levels of performance across all the
primary indicators of performance specified in
subsection (c)(1), the Secretary of Labor or, if
appropriate, the Secretary of Agriculture shall select,
on a competitive basis, an entity to operate part or
all of the Civilian Conservation Center in accordance
with the requirements of section 147.
(g) Participant Health and Safety.--
(1) [Center] Campus.--The Secretary shall ensure
that a review by an appropriate Federal, State, or
local entity of the physical condition and health-
related activities of each Job Corps [center] campus
occurs annually.
(2) Work-based learning locations.--The Secretary
shall require that an entity that has entered into a
contract to provide work-based learning activities for
any Job Corps enrollee under this subtitle shall
[comply] attest to compliance with the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.)
or, as appropriate, under the corresponding State
Occupational Safety and Health Act of 1970 requirements
in the State in which such activities occur.
(h) Buildings and Facilities.--The Secretary shall collect,
and submit in the report described in subsection (c)(4),
information regarding the state of Job Corps buildings and
facilities. Such report shall include--
(1) a review of requested construction,
rehabilitation, and acquisition projects, by each Job
Corps [center] campus; and
(2) a review of new facilities under construction.
(i) National and Community Service.--The Secretary shall
include in the report described in subsection (c)(4) available
information regarding the national and community service
activities of enrollees, particularly those enrollees at
Civilian Conservation Centers.
(j) Closure of Job Corps Center.--Prior to the closure of any
Job Corps [center] campus, the Secretary shall ensure--
(1) that the proposed decision to close the [center]
campus is announced in advance to the general public
through publication in the Federal Register or other
appropriate means;
(2) the establishment of a reasonable comment period,
not to exceed 30 days, for interested individuals to
submit written comments to the Secretary; and
(3) that the Member of Congress who represents the
district in which such [center] campus is located is
notified within a reasonable period of time in advance
of any final decision to close the [center] campus.
* * * * * * *
SEC. 161. JOB CORPS OVERSIGHT AND REPORTING.
(a) Temporary Financial Reporting.--
(1) In general.--During the periods described in
paragraphs (2) and (3)(B), the Secretary shall prepare
and submit to the applicable committees financial
reports regarding the Job Corps program under this
subtitle. Each such financial report shall include--
(A) information regarding the implementation
of the financial oversight measures suggested
in the May 31, 2013, report of the Office of
Inspector General of the Department of Labor
entitled ``The U.S. Department of Labor's
Employment and Training Administration Needs to
Strengthen Controls over Job Corps Funds'';
(B) a description of any budgetary shortfalls
for the program for the period covered by the
financial report, and the reasons for such
shortfalls; and
(C) a description and explanation for any
approval for contract expenditures that are in
excess of the amounts provided for under the
contract.
(2) Timing of Reports.--The Secretary shall submit a
financial report under paragraph (1) once every 6
months beginning on the date of enactment of this Act,
for a 3-year period. After the completion of such 3-
year period, the Secretary shall submit a financial
report under such paragraph once a year for the next 2
years, unless additional reports are required under
paragraph (3)(B).
(3) Reporting requirements in cases of budgetary
shortfalls.--If any financial report required under
this subsection finds that the Job Corps program under
this subtitle has a budgetary shortfall for the period
covered by the report, the Secretary shall--
(A) not later than 90 days after the
budgetary shortfall was identified, submit a
report to the applicable committees explaining
how the budgetary shortfall will be addressed;
and
(B) submit an additional financial report
under paragraph (1) for each 6-month period
subsequent to the finding of the budgetary
shortfall until the Secretary demonstrates,
through such report, that the Job Corps program
has no budgetary shortfall.
(b) Third-party Review.--Every 5 years after the date of
enactment of this Act, the Secretary shall provide for a third-
party review of the Job Corps program under this subtitle that
addresses all of the areas described in subparagraphs (A)
through (G) of section 169(a)(2). The results of the review
shall be submitted 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.
(c) Criteria for Job Corps Center Closures.--By not later
than December 1, 2014, the Secretary shall establish written
criteria that the Secretary shall use to determine when a Job
Corps center supported under this subtitle is to be closed and
how to carry out such closure, and shall submit such criteria
to the applicable committees.
(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.
[(d)] (e) Definition of Applicable Committees.--In this
section, the term ``applicable committees'' means--
(1) the Committee on Education and the Workforce of
the House of Representatives;
(2) the Subcommittee on Labor, Health and Human
Services, Education, and Related Agencies of the
Committee of Appropriations of the House of
Representatives;
(3) the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(4) the Subcommittee on Labor, Health and Human
Services, Education, and Related Agencies of the
Committee of Appropriations of the Senate.
[SEC. 162. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
subtitle--
[(1) $1,688,155,000 for fiscal year 2015;
[(2) $1,818,548,000 for fiscal year 2016;
[(3) $1,856,283,000 for fiscal year 2017;
[(4) $1,897,455,000 for fiscal year 2018;
[(5) $1,942,064,000 for fiscal year 2019; and
[(6) $1,983,236,000 for fiscal year 2020.]
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 D--National Programs
SEC. 166. NATIVE AMERICAN PROGRAMS.
(a) Purpose.--
(1) In general.--The purpose of this section is to
support employment and training activities for Indian,
Alaska Native, and Native Hawaiian individuals in
order--
(A) to develop more fully the academic,
occupational, and literacy skills of such
individuals;
(B) to make such individuals more competitive
in the workforce and to equip them with the
entrepreneurial skills necessary for successful
self-employment; and
(C) to promote the economic and social
development of Indian, Alaska Native, and
Native Hawaiian communities in accordance with
the goals and values of such communities.
(2) Indian policy.--All programs assisted under this
section shall be administered in a manner consistent
with the principles of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.)
and the government-to-government relationship between
the Federal Government and Indian tribal governments.
(b) Definitions.--As used in this section:
(1) Alaska native.--The term ``Alaska Native''
includes a Native and a descendant of a Native, as such
terms are defined in subsections (b) and (r) of section
3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602(b), (r)).
(2) Indian, indian tribe, and tribal organization.--
The terms ``Indian'', ``Indian tribe'', and ``tribal
organization'' have the meanings given such terms in
subsections (d), (e), and (l), respectively, of section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
(3) Native hawaiian and native hawaiian
organization.--The terms ``Native Hawaiian'' and
``Native Hawaiian organization'' have the meanings
given such terms in section 6207 of the NativeHawaiian
Education Act.
(c) Program Authorized.--Every 4 years, the Secretary shall,
on a competitive basis, make grants to, or enter into contracts
or cooperative agreements with, Indian tribes, tribal
organizations, Alaska Native entities, Indian-controlled
organizations serving Indians, or Native Hawaiian organizations
to carry out the authorized activities described in subsection
(d).
(d) Authorized Activities.--
(1) In general.--Funds made available under
subsection (c) shall be used to carry out the
activities described in paragraph (2) that--
(A) are consistent with this section; [and]
(B) are necessary to meet the needs of
Indians, Alaska Natives, or Native Hawaiians
preparing to enter, reenter, or retain
unsubsidized employment leading to self-
sufficiency[.]; and
(C) are evidence-based, to the extent
practicable.
(2) Workforce development activities and supplemental
services.--
(A) In general.--Funds made available under
subsection (c) shall be used for--
(i) comprehensive workforce
development activities for Indians,
Alaska Natives, or Native Hawaiians,
including training on entrepreneurial
skills; or
(ii) supplemental services for
Indian, Alaska Native, or Native
Hawaiian youth on or near Indian
reservations and in Oklahoma, Alaska,
or Hawaii.
(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).
[(B)] (C) Special rule.--Notwithstanding any
other provision of this section, individuals
who were eligible to participate in programs
under section 401 of the Job Training
Partnership Act (as such section was in effect
on the day before the date of enactment of the
Workforce Investment Act of 1998) shall be
eligible to participate in an activity assisted
under this section.
(e) Program Plan.--In order to receive a grant or enter into
a contract or cooperative agreement under this section, an
entity described in subsection (c) shall submit to the
Secretary a program plan that describes a 4-year strategy for
meeting the needs of Indian, Alaska Native, or Native Hawaiian
individuals, as appropriate, in the area served by such entity.
Such plan shall--
(1) be consistent with the purpose of this section;
(2) identify the population to be served;
(3) identify the education and employment needs of
the population to be served and the manner in which the
activities to be provided will strengthen the ability
of the individuals served to obtain or retain
unsubsidized employment leading to self-sufficiency;
(4) describe the activities to be provided and the
manner in which such activities are to be integrated
with other appropriate activities; and
(5) describe, after the entity submitting the plan
consults with the Secretary, the performance
accountability measures to be used to assess the
performance of entities in carrying out the activities
assisted under this section, which shall include the
primary indicators of performance described in section
116(b)(2)(A) and expected levels of performance for
such indicators, in accordance with subsection (h).
(f) Consolidation of Funds.--Each entity receiving assistance
under subsection (c) may consolidate such assistance with
assistance received from related programs in accordance with
the provisions of the Indian Employment, Training and Related
Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.).
(g) Nonduplicative and Nonexclusive Services.--Nothing in
this section shall be construed--
(1) to limit the eligibility of any entity described
in subsection (c) to participate in any activity
offered by a State or local entity under this Act; or
(2) to preclude or discourage any agreement, between
any entity described in subsection (c) and any State or
local entity, to facilitate the provision of services
by such entity or to the population served by such
entity.
(h) Performance accountability measures.--
(1) Additional performance indicators and
standards.--
(A) Development of indicators and
standards.--The Secretary, in consultation with
the Native American Employment and Training
Council, shall develop a set of performance
indicators and standards that is in addition to
the primary indicators of performance described
in section 116(b)(2)(A) and that shall be
applicable to programs under this section.
(B) Special considerations.--Such performance
indicators and standards shall take into
account--
(i) the purpose of this section as
described in subsection (a)(1);
(ii) the needs of the groups served
by this section, including the
differences in needs among such groups
in various geographic service areas;
and
(iii) the economic circumstances of
the communities served, including
differences in circumstances among
various geographic service areas.
(2) Agreement on adjusted levels of performance.--The
Secretary and the entity described in subsection (c)
shall reach agreement on the levels of performance for
each of the primary indicators of performance described
in section 116(b)(2)(A), taking into account economic
conditions, characteristics of the individuals served,
and other appropriate factors and using, to the extent
practicable, the statistical adjustment model under
section 116(b)(3)(A)(viii). The levels agreed to shall
be the adjusted levels of performance and shall be
incorporated in the program plan.
(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).
(i) Administrative Provisions.--
(1) Organizational unit established.--The Secretary
shall designate a single organizational unit within the
Department of Labor that shall have primary
responsibility for the administration of the activities
authorized under this section.
(2) Regulations.--The Secretary shall consult with
the entities described in subsection (c) in--
(A) establishing regulations to carry out
this section, including regulations relating to
the performance accountability measures for
entities receiving assistance under this
section; and
(B) developing a funding distribution plan
that takes into consideration previous levels
of funding (prior to the date of enactment of
this Act) to such entities.
(3) Waivers.--
(A) In general.--With respect to an entity
described in subsection (c), the Secretary,
notwithstanding any other provision of law,
may, pursuant to a request submitted by such
entity that meets the requirements established
under subparagraph (B), waive any of the
statutory or regulatory requirements of this
title that are inconsistent with the specific
needs of the entity described in such
subsection, except that the Secretary may not
waive requirements relating to wage and labor
standards, worker rights, participation and
protection of workers and participants,
grievance procedures, [and judicial review.]
judicial review, and performance accountability
pertaining to the primary indicators of
performance described in section 116(b)(2)(A).
(B) Request and approval.--An entity
described in subsection (c) that requests a
waiver under subparagraph (A) shall submit a
plan to the Secretary to improve the program of
workforce investment activities carried out by
the entity, which plan shall meet the
requirements established by the Secretary and
shall be generally consistent with the
requirements of section 189(i)(3)(B).
(4) Advisory council.--
(A) In general.--Using funds made available
to carry out this section, the Secretary shall
establish a Native American Employment and
Training Council to facilitate the consultation
described in paragraph (2) and to provide the
advice described in subparagraph (C).
(B) Composition.--[The Council]
(i) In general._The Council shall be
composed of individuals, appointed by
the Secretary, who are representatives
of the entities described in subsection
(c).
(ii) Vacancies.--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.
(C) Duties.--The Council shall advise the
Secretary on the operation and administration
of the programs assisted under this section,
including the selection of the individual
appointed as head of the unit established under
paragraph (1).
(D) Personnel matters.--
(i) Compensation of members.--Members
of the Council shall serve without
compensation.
(ii) Travel expenses.--The members of
the Council shall be allowed travel
expenses, including per diem in lieu of
subsistence, at rates authorized for
employees of agencies under subchapter
I of chapter 57 of title 5, United
States Code, while away from their
homes or regular places of business in
the performance of services for the
Council.
(iii) Administrative support.--The
Secretary shall provide the Council
with such administrative support as may
be necessary to perform the functions
of the Council.
(E) Chairperson.--The Council shall select a
chairperson from among its members.
(F) Meetings.--The Council shall meet not
less than twice each year.
(G) Application.--Section 1013 of title 5,
United States Code, shall not apply to the
Council.
(5) Technical assistance.--The Secretary, acting
through the unit established under paragraph (1), is
authorized to provide technical assistance to entities
described in subsection (c) that receive assistance
under such subsection to enable such entities to
improve the activities authorized under this section
that are provided by such entities.
(6) Agreement for certain federally recognized indian
tribes to transfer funds to the program.--A federally
recognized Indian tribe that administers funds provided
under this section and funds provided by more than one
State under other sections of this title may enter into
an agreement with the Secretary and the Governors of
the affected States to transfer the funds provided by
the States to the program administered by the tribe
under this section.
(j) Compliance With Single Audit Requirements; Related
Requirement.--Grants made and contracts and cooperative
agreements entered into under this section shall be subject to
the requirements of chapter 75 of subtitle V of title 31,
United States Code, and charging of costs under this section
shall be subject to appropriate circulars issued by the Office
of Management and Budget.
(k) Assistance to Unique Populations in Alaska and Hawaii.--
(1) In general.--Notwithstanding any other provision
of law, the Secretary is authorized to award grants, on
a competitive basis, to entities with demonstrated
experience and expertise in developing and implementing
programs for the unique populations who reside in
Alaska or Hawaii, including public and private
nonprofit organizations, tribal organizations, American
Indian tribal colleges or universities, institutions of
higher education, or consortia of such organizations or
institutions, to improve job training and workforce
investment activities for such unique populations.
[(2) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this
subsection--
[(A) $461,000 for fiscal year 2015;
[(B) $497,000 for fiscal year 2016;
[(C) $507,000 for fiscal year 2017;
[(D) $518,000 for fiscal year 2018;
[(E) $530,000 for fiscal year 2019; and
[(F) $542,000 for fiscal year 2020.]
(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. 167. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
(a) In general.--Every 4 years, the Secretary shall, on a
competitive basis, make grants to, or enter into contracts
with, eligible entities to carry out the activities described
in subsection (d).
(b) Eligible entities.--To be eligible to receive a grant or
enter into a contract under this section, an entity shall have
an understanding of the problems of eligible migrant and
seasonal farmworkers (including dependents), a familiarity with
the area to be served, and the ability to demonstrate a
capacity to administer and deliver effectively a diversified
program of workforce investment activities (including youth
workforce investment activities) and related assistance for
eligible migrant and seasonal farmworkers.
(c) Program Plan.--
(1) In general.--To be eligible to receive a grant or
enter into a contract under this section, an entity
described in subsection (b) shall submit to the
Secretary a plan that describes a 4-year strategy for
meeting the needs of eligible migrant and seasonal
farmworkers in the area to be served by such entity.
(2) Contents.--Such plan shall--
(A) describe the population to be served and
identify the education and employment needs of
the population to be served and the manner in
which the services to be provided will
strengthen the ability of the eligible migrant
and seasonal farmworkers and dependents to
obtain or retain unsubsidized employment, or
stabilize their unsubsidized employment,
including upgraded employment in agriculture;
(B) describe the related assistance and
supportive services to be provided and the
manner in which such assistance and services
are to be integrated and coordinated with other
appropriate services;
(C) describe the performance accountability
measures to be used to assess the performance
of such entity in carrying out the activities
assisted under this section, which shall
include the expected levels of performance for
the primary indicators of performance described
in section 116(b)(2)(A);
(D) describe the availability and
accessibility of local resources, such as
supportive services, services provided through
one-stop delivery systems, and education and
training services, and how the resources can be
made available to the population to be served;
and
(E) describe the plan for providing services
under this section, including strategies and
systems for outreach, career planning,
assessment, and delivery through one-stop
delivery systems.
(3) Agreement on adjusted levels of performance.--The
Secretary and the entity described in subsection (b)
shall reach agreement on the levels of performance for
each of the primary indicators of performance described
in section 116(b)(2)(A), taking into account economic
conditions, characteristics of the individuals served,
and other appropriate factors, and using, to the extent
practicable, the statistical adjustment model under
section 116(b)(3)(A)(viii). The levels agreed to shall
be the adjusted levels of performance and shall be
incorporated in the program plan.
(4) Administration.--Grants and contracts awarded
under this section shall be centrally administered by
the Department of Labor and competitively awarded by
the Secretary using procedures consistent with standard
Federal Government competitive procurement policies.
(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).
(d) Authorized Activities.--Funds made available under this
section and section 127(a)(1) shall be used to carry out
workforce investment activities (including youth workforce
investment activities) and provide related assistance for
eligible migrant and seasonal farmworkers, which may include--
(1) outreach, employment, training, educational
assistance, literacy assistance, English language and
literacy instruction, pesticide and worker safety
training, housing (including permanent housing),
supportive services, and school dropout prevention and
recovery activities;
(2) followup services for those individuals placed in
employment;
(3) self-employment and related business or micro-
enterprise development or education as needed by
eligible individuals as identified pursuant to the plan
required by subsection (c);
(4) customized career and technical education in
occupations that will lead to higher wages, enhanced
benefits, and long-term employment in agriculture or
another area; and
(5) technical assistance to improve coordination of
services and implement best practices relating to
service delivery through one-stop delivery systems.
(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).
[(e)] (f) Consultation With Governors and Local Boards.--In
making grants and entering into contracts under this section,
the Secretary shall consult with the Governors and local boards
of the States in which the eligible entities will carry out the
activities described in subsection (d).
[(f)] (g) Regulations.--The Secretary shall consult with
eligible migrant and seasonal farmworkers groups and States in
establishing regulations to carry out this section, including
regulations relating to how economic and demographic barriers
to employment of eligible migrant and seasonal farmworkers
should be considered and included in the negotiations leading
to the adjusted levels of performance described in subsection
(c)(3).
[(g)] (h) Compliance With Single Audit Requirements; Related
Requirement.--Grants made and contracts entered into under this
section shall be subject to the requirements of chapter 75 of
subtitle V of title 31, United States Code and charging of
costs under this section shall be subject to appropriate
circulars issued by the Office of Management and Budget.
[(h) 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.]
(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.
[(i)] (j) Definitions.--In this section:
(1) Eligible migrant and seasonal farmworkers.--The
term ``eligible migrant and seasonal farmworkers''
means individuals who are eligible migrant farmworkers
or are eligible seasonal farmworkers.
(2) Eligible migrant farmworker.--The term ``eligible
migrant farmworker'' means--
(A) an eligible seasonal farmworker described
in paragraph (3)(A) whose agricultural labor
requires travel to a job site such that the
farmworker is unable to return to a permanent
place of residence within the same day; and
(B) a dependent of the farmworker described
in subparagraph (A).
(3) Eligible seasonal farmworker.--The term
``eligible seasonal farmworker'' means--
(A) a low-income individual who--
(i) for 12 consecutive months out of
the 24 months prior to application for
the program involved, has been
primarily employed in agricultural or
fish farming labor that is
characterized by chronic unemployment
or underemployment; and
(ii) faces multiple barriers to
economic self-sufficiency; and
(B) a dependent of the person described in
subparagraph (A).
SEC. 168. TECHNICAL ASSISTANCE.
(a) General Technical Assistance.--
(1) In general.--The Secretary shall ensure that the
Department has sufficient capacity to, and does,
provide, coordinate, and support the development of,
[appropriate training, technical assistance, staff
development] appropriate education, technical
assistance, professional development for staff, and
other activities, including--
(A) assistance in replicating programs of
demonstrated effectiveness, to States and
localities;
(B) the [training] professional development
of staff providing rapid response services;
(C) the [training] professional development
of other staff of recipients of funds under
this title, including the staff of local boards
and State boards;
(D) the [training] professional development
of members of State boards and local boards;
(E) assistance in the development and
implementation of integrated, technology-
enabled intake and case management information
systems for programs carried out under this Act
and programs carried out by one-stop partners,
such as standard sets of technical requirements
for the systems, offering interfaces that
States could use in conjunction with their
current (as of the first date of implementation
of the systems) intake and case management
information systems that would facilitate
shared registration across programs;
(F) assistance regarding accounting and
program operations to States and localities
(when such assistance would not supplant
assistance provided by the State);
(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);
(H) assistance to States with maintaining,
and making accessible to jobseekers and
employers, the lists of eligible providers of
training services required under section 122;
(I) assistance to States that apply for such
assistance under section 122(k) for the
purposes described in such subsection;
[(G)] (J) peer review activities under this
title; and
[(H)] (K) in particular, assistance to States
in making transitions to implement the
provisions of this Act.
(2) Form of assistance.--
(A) In general.--In order to carry out
paragraph (1) on behalf of a State or recipient
of financial assistance under section 166 or
167, the Secretary, after consultation with the
State or grant recipient, may award grants or
enter into contracts or cooperative agreements.
(B) Limitation.--Grants or contracts awarded
under paragraph (1) to entities other than
States or local units of government that are
for amounts in excess of $100,000 shall only be
awarded on a competitive basis.
(b) [Dislocated Worker] Performance Accountability Technical
Assistance.--
(1) Authority.--Of the amounts available pursuant to
section 132(a)(2)(A), the Secretary shall reserve not
more than 5 percent of such amounts to provide
technical assistance, pursuant to paragraphs (1) and
(2) of section 116(f), to States that do not meet the
State performance accountability measures for the
primary indicators of performance described in section
116(b)(2)(A)(i) [with respect to employment and
training activities for dislocated workers] with
respect to the core programs. Using such reserved
funds, the Secretary may provide such assistance to
other States, local areas, and other entities involved
in providing assistance to dislocated workers, to
promote the continuous improvement of assistance
provided to dislocated workers, under this title.
(2) Training.--Amounts reserved under this subsection
may be used to provide for the training of staff,
including specialists, who provide rapid response
services. Such training shall include instruction in
proven methods of promoting, establishing, and
assisting labor-management committees. Such projects
shall be administered through the Employment and
Training Administration of the Department.
(c) Promising and Proven Practices Coordination.--The
Secretary shall--
(1) establish a system through which States may share
information regarding promising and proven practices
with regard to the operation of workforce investment
activities under this Act;
(2) evaluate and disseminate information regarding
such promising and proven practices and identify
knowledge gaps; and
(3) commission research under section 169(b) to
address knowledge gaps identified under paragraph (2).
(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. 169. EVALUATIONS AND RESEARCH.
(a) Evaluations.--
(1) Evaluations of programs and activities carried
out under this title.--
(A) In general.--For the purpose of improving
the management and effectiveness of programs
and activities carried out under this title,
the Secretary, through grants, contracts, or
cooperative agreements, shall provide for the
continuing evaluation of the programs and
activities under this title, including those
programs and activities carried out under this
section.
(B) Periodic independent evaluation.--The
evaluations carried out under this paragraph
shall include an independent evaluation, at
least once every 4 years, of the programs and
activities carried out under this title.
(2) Evaluation subjects.--Each evaluation carried out
under paragraph (1) shall address--
(A) the general effectiveness of such
programs and activities in relation to their
cost, including the extent to which the
programs and activities--
(i) improve the employment
competencies of participants in
comparison to comparably-situated
individuals who did not participate in
such programs and activities; and
(ii) to the extent feasible, increase
the level of total employment over the
level that would have existed in the
absence of such programs and
activities;
(B) the effectiveness of the performance
accountability measures relating to such
programs and activities;
(C) the effectiveness of the structure and
mechanisms for delivery of services through
such programs and activities, including the
coordination and integration of services
through such programs and activities;
(D) the impact of such programs and
activities on the community, businesses, and
participants involved;
(E) the impact of such programs and
activities on related programs and activities;
and
(F) the extent to which such programs and
activities meet the needs of various
demographic groups[; and].
[(G) such other factors as may be
appropriate.]
(3) Evaluations of other programs and activities.--
[The Secretary]
(A) In general._The Secretary may conduct
evaluations of other federally funded
employment-related programs and activities
under other provisions of law.
(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.
(4) Techniques.--Evaluations conducted under this
subsection shall utilize appropriate and rigorous
methodology and research designs, including the use of
control groups chosen by scientific random assignment
methodologies. The Secretary shall conduct at least 1
multisite control group evaluation under this
subsection by the end of fiscal year [2019] 2028, and
thereafter shall ensure that such an analysis is
included in the independent evaluation described in
paragraph (1)(B) that is conducted at least once every
4 years.
(5) Reports.--The entity carrying out an evaluation
described in paragraph (1) or (2) shall prepare and
submit to the Secretary a draft report and a final
report containing the results of the evaluation.
(6) Reports to congress.--Not later than 30 days
after the completion of a draft report under paragraph
(5), the Secretary shall transmit the draft report 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. Not later
than 60 days after the completion of a final report
under such paragraph, the Secretary shall transmit the
final report to such committees.
(7) Public availability.--Not later than 30 days
after the date the Secretary transmits the final report
as described in paragraph (6), the Secretary shall make
that final report available to the general public on
the Internet, on the Web site of the Department of
Labor.
(8) Publication of reports.--If an entity that enters
into a contract or other arrangement with the Secretary
to conduct an evaluation of a program or activity under
this subsection requests permission from the Secretary
to publish a report resulting from the evaluation, such
entity may publish the report unless the Secretary
denies the request during the 90-day period beginning
on the date the Secretary receives such request.
(9) Coordination.--The Secretary shall ensure the
coordination of evaluations carried out by States
pursuant to section 116(e) with the evaluations carried
out under this subsection.
(b) Research, Studies, and Multistate Projects.--
(1) In general.--After consultation with States,
localities, and other interested parties, the Secretary
shall, every 2 years, publish in the Federal Register,
a plan that describes the research, studies, and
multistate project priorities of the Department of
Labor concerning employment and training for the 5-year
period following the submission of the plan. The plan
shall be consistent with the purposes of this title,
including the purpose of aligning and coordinating core
programs with other one-stop partner programs. Copies
of the plan shall be transmitted to the Committee on
Education and the Workforce of the House of
Representatives, the Committee on Health, Education,
Labor, and Pensions of the Senate, the Department of
Education, and other relevant Federal agencies.
(2) Factors.--The plan published under paragraph (1)
shall contain strategies to address national employment
and training problems and take into account factors
such as--
(A) the availability of existing research (as
of the date of the publication);
(B) the need to ensure results that have
interstate validity;
(C) the benefits of economies of scale and
the efficiency of proposed projects; and
(D) the likelihood that the results of the
projects will be useful to policymakers and
stakeholders in addressing employment and
training problems.
(3) Research projects.--The Secretary shall, through
grants or contracts, carry out research projects that
will contribute to the solution of employment and
training problems in the United States and that are
consistent with the priorities specified in the plan
published under paragraph (1).
[(4) Studies and reports.--
[(A) Net impact studies and reports.--The
Secretary of Labor, in coordination with the
Secretary of Education and other relevant
Federal agencies, may conduct studies to
determine the net impact and best practices of
programs, services, and activities carried out
under this Act.
[(B) Study on resources available to assist
disconnected youth.--The Secretary of Labor, in
coordination with the Secretary of Education,
may conduct a study examining the
characteristics of eligible youth that result
in such youth being significantly disconnected
from education and workforce participation, the
ways in which such youth could have greater
opportunities for education attainment and
obtaining employment, and the resources
available to assist such youth in obtaining the
skills, credentials, and work experience
necessary to become economically self-
sufficient.
[(C) Study of effectiveness of workforce
development system in meeting business needs.--
Using funds available to carry out this
subsection jointly with funds available to the
Secretary of Commerce, the Administrator of the
Small Business Administration, and the
Secretary of Education, the Secretary of Labor,
in coordination with the Secretary of Commerce,
the Administrator of the Small Business
Administration, and the Secretary of Education,
may conduct a study of the effectiveness of the
workforce development system in meeting the
needs of business, such as through the use of
industry or sector partnerships, with
particular attention to the needs of small
business, including in assisting workers to
obtain the skills needed to utilize emerging
technologies.
[(D) Study on participants entering
nontraditional occupations.--The Secretary of
Labor, in coordination with the Secretary of
Education, may conduct a study examining the
number and percentage of individuals who
receive employment and training activities and
who enter nontraditional occupations,
successful strategies to place and support the
retention of individuals in nontraditional
employment (such as by providing post-placement
assistance to participants in the form of exit
interviews, mentoring, networking, and
leadership development), and the degree to
which recipients of employment and training
activities are informed of the possibility of,
or directed to begin, training or education
needed for entrance into nontraditional
occupations.
[(E) Study on performance indicators.--The
Secretary of Labor, in coordination with the
Secretary of Education, may conduct studies to
determine the feasibility of, and potential
means to replicate, measuring the compensation,
including the wages, benefits, and other
incentives provided by an employer, received by
program participants by using data other than
or in addition to data available through wage
records, for potential use as a performance
indicator.
[(F) Study on job training for recipients of
public housing assistance.--The Secretary of
Labor, in coordination with the Secretary of
Housing and Urban Development, may conduct
studies to assist public housing authorities to
provide, to recipients of public housing
assistance, job training programs that
successfully upgrade job skills and employment
in, and access to, jobs with opportunity for
advancement and economic self-sufficiency for
such recipients.
[(G) Study on improving employment prospects
for older individuals.--The Secretary of Labor,
in coordination with the Secretary of Education
and the Secretary of Health and Human Services,
may conduct studies that lead to better design
and implementation of, in conjunction with
employers, local boards or State boards,
community colleges or area career and technical
education schools, and other organizations,
effective evidence-based strategies to provide
services to workers who are low-income, low-
skilled older individuals that increase the
workers' skills and employment prospects.
[(H) Study on prior learning.--The Secretary
of Labor, in coordination with other heads of
Federal agencies, as appropriate, may conduct
studies that, through convening stakeholders
from the fields of education, workforce,
business, labor, defense, and veterans
services, and experts in such fields, develop
guidelines for assessing, accounting for, and
utilizing the prior learning of individuals,
including dislocated workers and veterans, in
order to provide the individuals with
postsecondary educational credit for such prior
learning that leads to the attainment of a
recognized postsecondary credential identified
under section 122(d) and employment.
[(I) Study on career pathways for health care
providers and providers of early education and
child care.--The Secretary of Labor, in
coordination with the Secretary of Education
and the Secretary of Health and Human Services,
shall conduct a multistate study to develop,
implement, and build upon career advancement
models and practices for low-wage health care
providers or providers of early education and
child care, including faculty education and
distance education programs.
[(J) Study on equivalent pay.--The Secretary
shall conduct a multistate study to develop and
disseminate strategies for ensuring that
programs and activities carried out under this
Act are placing individuals in jobs, education,
and training that lead to equivalent pay for
men and women, including strategies to increase
the participation of women in high-wage, high-
demand occupations in which women are
underrepresented.
[(K) 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
to the public, including through electronic
means, reports containing the results of the
studies conducted under this paragraph.]
(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.
(5) Multistate projects.--
(A) Authority.--The Secretary may, through
grants or contracts, carry out multistate
projects that require demonstrated expertise
that is available at the national level to
effectively disseminate best practices and
models for implementing employment and training
services, address the specialized employment
and training needs of particular service
populations, or address industry-wide skill
shortages, to the extent such projects are
consistent with the priorities specified in the
plan published under paragraph (1).
(B) Design of grants.--Agreements for grants
or contracts awarded under this paragraph shall
be designed to obtain information relating to
the provision of services under different
economic conditions or to various demographic
groups in order to provide guidance at the
national and State levels about how best to
administer specific employment and training
services.
(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.
(6) Limitations.--
(A) Competitive awards.--A grant or contract
awarded for carrying out a project under this
subsection in an amount that exceeds $100,000
shall be awarded only on a competitive basis,
except that a noncompetitive award may be made
in the case of a project that is funded jointly
with other public or private sector entities
that provide a substantial portion of
assistance under the grant or contract for the
project.
(B) Time limits.--A grant or contract shall
not be awarded under this subsection to the
same organization for more than 3 consecutive
years unless such grant or contract is
competitively reevaluated within such period.
(C) Peer review.--
(i) In general.--The Secretary shall
utilize a peer review process--
(I) to review and evaluate
all applications for grants in
amounts that exceed $500,000
that are submitted under this
section; and
(II) to review and designate
exemplary and promising
programs under this section.
(ii) Availability of Funds.--The
Secretary is authorized to use funds
provided under this section to carry
out peer review activities under this
subparagraph.
(D) Priority.--In awarding grants or
contracts under this subsection, priority shall
be provided to entities with recognized
expertise in the methods, techniques, and
knowledge of workforce investment activities.
The Secretary shall establish appropriate time
limits for the duration of such projects.
(c) Dislocated Worker Projects.--Of the amount made available
pursuant to section 132(a)(2)(A) for any program year, the
Secretary shall use not more than 10 percent of such amount to
carry out demonstration and pilot projects, multiservice
projects, and multistate projects relating to the employment
and training needs of dislocated workers. Of the requirements
of this section, such projects shall be subject only to the
provisions relating to review and evaluation of applications
under subsection (b)(6)(C). Such projects may include
demonstration and pilot projects relating to promoting self-
employment, promoting job creation, averting dislocations,
assisting dislocated farmers, assisting dislocated fishermen,
and promoting public works. Such projects shall be administered
by the Secretary, acting through the Assistant Secretary for
Employment and Training.
(d) Workforce Data Quality Initiative.--
(1) Grant program.--Of amount made available pursuant
to section 132(a)(2)(A) for any program year, the
Secretary shall use 5 percent of such amount, and may
also use funds authorized for purposes of carrying out
this section, to award grants to eligible entities to
create workforce longitudinal data systems and
associated resources for the purposes of strengthening
program quality, building State capacity to produce
evidence for decisionmaking, meeting performance
reporting requirements, protecting privacy, and
improving transparency.
(2) Application.--To be eligible to receive a grant
under this subsection, an eligible entity shall submit
an application to the Secretary at such time and in
such manner as the Secretary may require, which shall
include--
(A) a description of the proposed activities
that will be conducted by the eligible entity,
including a description of the need for such
activities and a detailed budget for such
activities;
(B) a description of the expected outcomes
and outputs (such as systems or products) that
will result from the proposed activities and
the proposed uses of such outputs;
(C) a description of how the proposed
activities will support the reporting of
performance data, including employment and
earnings outcomes, for the performance
accountability requirements under section 116,
including outcomes for eligible training
providers;
(D) a description of the methods and
procedures the eligible entity will use to
ensure the security and privacy of the
collection, storage, and use of all data
involved in the systems and resources supported
through the grant, including compliance with
State and Federal privacy and confidentiality
statutes and regulations; and
(E) a plan for how the eligible entity will
continue the activities or sustain the use of
the outputs created with the grant funds after
the grant period ends.
(3) Priority.--In awarding grants under the
subsection, the Secretary shall give priority to--
(A) eligible entities that are--
(i) a State agency of a State that
has not previously received a grant
from the Secretary for the purposes of
this subsection and demonstrates a
substantial need to improve its data
infrastructure; or
(ii) a consortium of State agencies
that is comprised of State agencies
from multiple States and includes at
least one State agency described in
clause (i) and has the capacity to make
significant contributions toward
building interoperable, cross-State
data infrastructure; and
(B) eligible entities that will use grant
funds to--
(i) expand the adoption and use of
linked, open, and interoperable data on
credentials, including through the
development of a credential registry or
other tools and services designed to
help learners and workers make informed
decisions, such as the credential
navigation feature described in section
122(d)(2);
(ii) participate in and contribute
data to a multistate data
collaborative, including data that
provide participating States the
ability to better understand--
(I) earnings and employment
outcomes of individuals who
work out-of-State; and
(II) cross-State earnings and
employment trends;
(iii) enhance collaboration with
private sector workforce and labor
market data entities and the end-users
of workforce and labor market data,
including individuals, employers,
economic development agencies, and
workforce development providers; or
(iv) leverage the use of non-Federal
contributions to improve workforce data
infrastructure, including staff
capacity building.
(4) Use of funds.--In addition to the activities
described in paragraph (3)(B), an eligible entity
awarded a grant under this subsection may use funds to
carry out any of the following activities:
(A) Developing or enhancing a State's
workforce longitudinal data system, including
by participating and contributing data to the
State's data system, if applicable, that links
with elementary and secondary school and
postsecondary data.
(B) Accelerating the replication and adoption
of data systems, projects, products, or
practices already in use in one or more States
to other States.
(C) Research and labor market data
improvement activities to improve the
timeliness, relevance, and accessibility of
such data through pilot projects that are
developed locally but designed to scale to
other regions or States.
(D) Establishing, enhancing, or connecting to
a system of interoperable learning and
employment records that provides individuals
who choose to participate in such system
ownership of a verified and secure record of
their skills and achievements and the ability
to share such record with employers and
education providers.
(E) Developing policies, guidelines, and
security measures for data collection, storing,
and sharing to ensure compliance with relevant
Federal and State privacy laws and regulations.
(F) Increasing local board access to and
integration with the State's workforce
longitudinal data system in a secure manner.
(G) Creating or participating in a data
exchange for collecting and using standards-
based jobs and employment data including, at a
minimum, job titles or occupation codes.
(H) Improving State and local staff capacity
to understand, use, and analyze data to improve
decisionmaking and improve participant
outcomes.
(5) Administration.--
(A) Duration.--A grant awarded under this
subsection may be for a period of up to 3
years.
(B) Supplement, not supplant.--Funds made
available under this subsection shall be used
to supplement, and not supplant, other Federal,
State, or local funds used for development of
State data systems.
(C) Report.--Each eligible entity that
receives a grant under this subsection shall
submit a report to the Secretary not later than
180 days after the conclusion of the grant
period on the activities supported through the
grant and improvements in the use of workforce
and labor market information that have resulted
from such activities.
(6) Definitions.--In this subsection, the term
``eligible entity'' means a State agency or consortium
of State agencies, including a multistate data
collaborative, that is or includes the State agencies
responsible for--
(A) State employer wage records used by the
State's unemployment insurance programs in
labor market information reporting and analysis
and for fulfilling the reporting requirements
of this Act;
(B) the production of labor market
information; and
(C) the direct administration of one or more
of the core programs.
SEC. 170. NATIONAL DISLOCATED WORKER GRANTS.
(a) Definitions.--In this section:
[(1) Emergency or disaster.--The term ``emergency or
disaster'' means--
[(A) 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)); or
[(B) an emergency or disaster situation of
national significance that could result in a
potentially large loss of employment, as
declared or otherwise recognized by the chief
official of a Federal agency with authority for
or jurisdiction over the Federal response to
the emergency or disaster situation.]
(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) Disaster area.--The term ``disaster area'' means
an area that has suffered or in which has occurred an
emergency or disaster.
(b) In general.--
(1) Grants.--The Secretary is authorized to award
national dislocated worker grants--
(A) to an entity described in subsection
(c)(1)(B) to provide employment and training
assistance to workers affected by major
economic dislocations, such as plant closures,
mass layoffs, or closures and realignments of
military installations;
(B) to provide assistance to--
(i) the Governor of any State within
the boundaries of which is a disaster
area, to provide disaster relief
employment in the disaster area; or
(ii) the Governor of any State to
which a substantial number of workers
from an area in which an emergency or
disaster has been declared or otherwise
recognized have relocated;
(C) to provide additional assistance to a
State board or local board for eligible
dislocated workers in a case in which the State
board or local board has expended the funds
provided under this section to carry out
activities described in subparagraphs (A) and
(B) and can demonstrate the need for additional
funds to provide appropriate services for such
workers, in accordance with requirements
prescribed by the Secretary; [and]
(D) to provide additional assistance to a
State board or local board serving an area
where--
(i) a higher-than-average demand for
employment and training activities for
dislocated members of the Armed Forces,
[spouses described in section 3(15)(E)]
spouses described in subparagraph (E)
of the definition of the term
``dislocated worker'' in section 3, or
members of the Armed Forces described
in subsection (c)(2)(A)(iv), exceeds
State and local resources for providing
such activities; and
(ii) such activities are to be
carried out in partnership with the
Department of Defense and Department of
Veterans Affairs transition assistance
programs[.]; and
(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.
(2) Decisions and obligations.--The Secretary shall
issue a final decision on an application for a national
dislocated worker grant under this subsection not later
than 45 calendar days after receipt of the application.
The Secretary shall issue a notice of obligation for
such grant not later than 10 days after the award of
such grant.
(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.
(c) Employment and Training Assistance Requirements.--
(1) Grant recipient eligibility.--
(A) Application.--To be eligible to receive a
grant under [subsection (b)(1)(A)] subparagraph
(A) or (E) of subsection (b)(1), an entity
shall submit an application to the Secretary at
such time[, in such manner, and containing such
information] and in such manner as the
Secretary may require.
(B) Eligible entity.--In this paragraph, the
term ``entity'' means a State, a local board,
an entity described in section 166(c), an
entity determined to be eligible by the
Governor of the State involved, and any other
entity that demonstrates to the Secretary the
capability to effectively respond to the
circumstances relating to particular
dislocations.
(2) Participant eligibility.--
(A) In general.--In order to be eligible to
receive employment and training assistance
under a national dislocated worker grant
awarded pursuant to subsection (b)(1)(A), an
individual shall be--
(i) a dislocated worker;
(ii) a civilian employee of the
Department of Defense or the Department
of Energy employed at a military
installation that is being closed, or
that will undergo realignment, within
the next 24 months after the date of
the determination of eligibility;
(iii) an individual who is employed
in a nonmanagerial position with a
Department of Defense contractor, who
is determined by the Secretary of
Defense to be at risk of termination
from employment as a result of
reductions in defense expenditures, and
whose employer is converting operations
from defense to nondefense applications
in order to prevent worker layoffs; or
(iv) a member of the Armed Forces
who--
(I) was on active duty or
full-time National Guard duty;
(II)(aa) is involuntarily
separated (as defined in
section 1141 of title 10,
United States Code) from active
duty or full-time National
Guard duty; or
(bb) is separated from active
duty or full-time National
Guard duty pursuant to a
special separation benefits
program under section 1174a of
title 10, United States Code,
or the voluntary separation
incentive program under section
1175 of that title;
(III) is not entitled to
retired or retained pay
incident to the separation
described in subclause (II);
and
(IV) applies for such
employment and training
assistance before the end of
the 180-day period beginning on
the date of that separation.
(B) [Retraining] Reskilling assistance.--The
individuals described in subparagraph (A)(iii)
shall be eligible for [retraining] reskilling
assistance to upgrade skills by obtaining
marketable skills needed to support the
conversion described in subparagraph (A)(iii).
(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.
[(C)] (D) Additional requirements.--The
Secretary shall establish and publish
additional requirements related to eligibility
for employment and training assistance under
the national dislocated worker grants to ensure
effective use of the funds available for this
purpose.
[(D)] (E) Definitions.--In this paragraph,
the terms ``military installation'' and
``realignment'' have the meanings given the
terms in section 2910 of the Defense Base
Closure and Realignment Act of 1990 (Public Law
101-510; 10 U.S.C. 2687 note).
(d) Disaster Relief Employment Assistance Requirements.--
(1) In general.--Funds made available under
subsection (b)(1)(B)--
(A) shall be used, in coordination with the
Administrator of the Federal Emergency
Management Agency, as applicable, to provide
disaster relief employment on projects that
provide food, clothing, shelter, and other
humanitarian assistance for emergency and
disaster victims, and projects regarding
demolition, cleaning, repair, renovation, and
reconstruction of damaged and destroyed
structures, facilities, and lands located
within the disaster area and in offshore areas
related to the emergency or disaster;
(B) may be expended through public and
private agencies and organizations engaged in
such projects; and
(C) may be expended to provide employment and
training activities.
(2) Eligibility.--An individual shall be eligible to
be offered disaster relief employment under subsection
(b)(1)(B) if such individual--
(A) is a dislocated worker;
(B) is a long-term unemployed individual;
(C) is temporarily or permanently laid off as
a consequence of the emergency or disaster; or
(D) in the case of an individual who is self-
employed, becomes unemployed or significantly
underemployed as a result of the emergency or
disaster.
(3) Limitations on disaster relief employment.--
(A) In general.--Except as provided in
subparagraph (B), no individual shall be
employed under subsection (b)(1)(B) for more
than 12 months for work related to recovery
from a single emergency or disaster.
(B) Extension.--At the request of a State,
the Secretary may extend such employment,
related to recovery from a single emergency or
disaster involving the State, for not more than
an additional 12 months.
(4) Use of available funds.--Funds made available
under subsection (b)(1)(B) shall be available to assist
workers described in paragraph (2) who are affected by
an emergency or disaster, including workers who have
relocated from an area in which an emergency or
disaster has been declared or otherwise recognized, as
appropriate. Under conditions determined by the
Secretary and following notification to the Secretary,
a State may use such funds, that are appropriated for
any fiscal year and available for expenditure under any
grant awarded to the State under this section, to
provide any assistance authorized under this
subsection. Funds used pursuant to the authority
provided under this paragraph shall be subject to the
liability and reimbursement requirements described in
paragraph (5).
(5) Liability and reimbursement.--Nothing in this Act
shall be construed to relieve liability, by a
responsible party that is liable under Federal law, for
any costs incurred by the United States under
subsection (b)(1)(B) or this subsection, including the
responsibility to provide reimbursement for such costs
to the United States.
SEC. 171. YOUTHBUILD PROGRAM.
(a) Statement of Purpose.--The purposes of this section are--
(1) to enable disadvantaged youth to obtain the
education and employment skills necessary to achieve
economic self-sufficiency in occupations in demand and
postsecondary education and training opportunities;
(2) to provide disadvantaged youth with opportunities
for meaningful work and service to their communities;
(3) to foster the development of employment and
leadership skills and commitment to community
development among youth in low-income communities;
(4) to expand the supply of permanent affordable
housing for homeless individuals and low-income
families by utilizing the energies and talents of
disadvantaged youth; and
(5) to improve the quality and energy efficiency of
community and other nonprofit and public facilities,
including those facilities that are used to serve
homeless and low-income families.
(b) Definitions.--In this section:
(1) Adjusted income.--The term ``adjusted income''
has the meaning given the term in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(2) Applicant.--The term ``applicant'' means an
eligible entity that has submitted an application under
subsection (c).
(3) Eligible entity.--The term ``eligible entity''
means a public or private nonprofit agency or
organization (including a consortium of such agencies
or organizations), including--
(A) a community-based organization;
(B) a faith-based organization;
(C) an entity carrying out activities under
this title, such as a local board;
(D) a community action agency;
(E) a State or local housing development
agency;
(F) an Indian tribe or other agency primarily
serving Indians;
(G) a community development corporation;
(H) a State or local youth service or
conservation corps; and
(I) any other entity eligible to provide
education or employment training under a
Federal program (other than the program carried
out under this section).
(4) Homeless individual.--The term ``homeless
individual'' means a homeless individual (as defined in
section 41403(6) of the Violence Against Women Act of
1994 (42 U.S.C. 14043e-2(6))) or a homeless child or
youth (as defined in section 725(2) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a(2))).
(5) Housing development agency.--The term ``housing
development agency'' means any agency of a State or
local government, or any private nonprofit
organization, that is engaged in providing housing for
homeless individuals or low-income families.
(6) Income.--The term ``income'' has the meaning
given the term in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
(7) Indian; indian tribe.--The terms ``Indian'' and
``Indian tribe'' have the meanings given such terms in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(8) Low-income family.--The term ``low-income
family'' means a family described in section 3(b)(2) of
the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(2)).
(9) Qualified national nonprofit agency.--The term
``qualified national nonprofit agency'' means a
nonprofit agency that--
(A) has significant national experience
providing services consisting of training,
information, technical assistance, and data
management to YouthBuild programs or similar
projects; and
(B) has the capacity to provide those
services.
(10) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an
apprenticeship program--
(A) registered under the Act of August 16,
1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.); and
(B) that meets such other criteria as may be
established by the Secretary under this
section.
(11) Transitional housing.--The term ``transitional
housing'' has the meaning given the term in section
401(29) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11360(29)).
(12) Youthbuild program.--The term ``YouthBuild
program'' means any program that receives assistance
under this section and provides disadvantaged youth
with opportunities for employment, education,
leadership development, and training through the
rehabilitation (which, for purposes of this section,
shall include energy efficiency enhancements) or
construction of housing for homeless individuals and
low-income families, and of public facilities.
(c) YouthBuild Grants.--
[(1) Amounts of grants.--The Secretary is authorized
to make grants to applicants for the purpose of
carrying out YouthBuild programs approved under this
section.]
(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.--In any fiscal year in which the amount
appropriated to carry out this section is
greater than $90,000,000, the Secretary shall
reserve 20 percent of the amount appropriated
that is in excess of $90,000,000 and use such
reserved amount to make grants, for the purpose
of carrying out YouthBuild programs approved
under this section, to applicants that--
(i) are located in rural areas; or
(ii) are Indian Tribes, or are
carrying out such programs for the
benefit of members of an Indian Tribe.
(2) Eligible activities.--An entity that receives a
grant under this subsection shall use the funds made
available through the grant to carry out a YouthBuild
program, which may include the following activities:
(A) Education and workforce investment
activities including--
(i) work experience and skills
training (coordinated, to the maximum
extent feasible, with preapprenticeship
and registered apprenticeship programs)
in the activities described in
subparagraphs (B) and (C) related to
rehabilitation or construction, and, if
approved by the Secretary, in
additional in-demand industry sectors
or occupations in the region in which
the program operates;
(ii) occupational skills training;
(iii) other paid and unpaid work
experiences, including internships and
job shadowing;
(iv) services and activities designed
to meet the educational needs of
participants, including--
(I) basic skills instruction
and remedial education;
(II) language instruction
educational programs for
participants who are English
[language learners] learners;
(III) secondary education
services and activities,
including tutoring, study
skills training, and school
dropout prevention and recovery
activities, designed to lead to
the attainment of a secondary
school diploma or its
recognized equivalent
(including recognized
certificates of attendance or
similar documents for
individuals with disabilities);
(IV) counseling and
assistance in obtaining
postsecondary education and
required financial aid; and
(V) alternative secondary
school services;
(v) counseling services and related
activities, such as comprehensive
guidance and counseling on drug and
alcohol abuse and referral;
(vi) activities designed to develop
employment and leadership skills, which
may include community service and peer-
centered activities encouraging
responsibility and other positive
social behaviors, and activities
related to youth policy committees that
participate in decision-making related
to the program;
(vii) supportive services and
provision of need-based stipends
necessary to enable individuals,
including those with disabilities, to
participate in the program and to
assist individuals, for a period not to
exceed 12 months after the completion
of training, in obtaining or retaining
employment, or applying for and
transitioning to postsecondary
education or training; and
(viii) job search and assistance.
(B) Supervision and training for participants
in the rehabilitation or construction of
housing, including residential housing for
homeless individuals or low-income families, or
transitional housing for homeless individuals,
and, if approved by the Secretary, in
additional in-demand industry sectors or
occupations in the region in which the program
operates.
(C) Supervision and training for
participants--
(i) in the rehabilitation or
construction of community and other
public facilities, except that not more
than 15 percent of funds appropriated
to carry out this section may be used
for such supervision and training; and
(ii) if approved by the Secretary, in
additional in-demand industry sectors
or occupations in the region in which
the program operates.
(D) Payment of administrative costs of the
applicant, including recruitment and selection
of participants, except that not more than 10
percent of the amount of assistance provided
under this subsection to the grant recipient
may be used for such costs.
(E) Adult mentoring.
(F) Provision of wages, stipends, or benefits
to participants in the program.
(G) Ongoing training and technical assistance
that are related to developing and carrying out
the program.
(H) Follow-up services.
(I) Provision of meals and other food
assistance to participants in conjunction with
another activity described in this paragraph.
(3) Application.--
(A) Form and procedure.--To be qualified to
receive a grant under this subsection, an
eligible entity shall submit an application at
[such time, in such manner, and containing such
information] such time and in such manner as
the Secretary may require.
(B) [Minimum requirements] Requirements.--
The Secretary shall require that the
application contain[, at a minimum]--
(i) labor market information for the
labor market area where the proposed
program will be implemented, including
both current data (as of the date of
submission of the application) and
projections on career opportunities in
construction and in-demand industry
sectors or occupations;
(ii) a request for the grant,
specifying the amount of the grant
requested and its proposed uses;
(iii) a description of the applicant
and a statement of its qualifications,
including a description of the
applicant's relationship with local
boards, one-stop operators, local
unions, entities carrying out
registered apprenticeship programs,
other community groups, and employers,
and the applicant's past experience, if
any, with rehabilitation or
construction of housing or public
facilities, and with youth education
and employment training programs;
(iv) a description of the proposed
site for the proposed program;
(v) a description of the educational
and job training activities, work
opportunities, postsecondary education
and training opportunities, and other
services that will be provided to
participants, and how those activities,
opportunities, and services will
prepare youth for employment in in-
demand industry sectors or occupations
in the labor market area described in
clause (i);
(vi)(I) a description of the proposed
activities to be undertaken under the
grant related to rehabilitation or
construction, and, in the case of an
applicant requesting approval from the
Secretary to also carry out additional
activities related to in-demand
industry sectors or occupations, a
description of such additional proposed
activities; and
(II) the anticipated schedule for
carrying out all activities proposed
under subclause (I);
(vii) a description of the manner in
which eligible youth will be recruited
and selected as participants, including
a description of arrangements that will
be made with local boards, one-stop
operators, faith- and community-based
organizations, State educational
agencies or local educational agencies
(including agencies of Indian tribes),
public assistance agencies, the courts
of jurisdiction, agencies operating
shelters for homeless individuals and
other agencies that serve youth who are
homeless individuals, foster care
agencies, and other appropriate public
and private agencies;
(viii) a description of the special
outreach efforts that will be
undertaken to recruit eligible young
women (including young women with
dependent children) as participants;
(ix) a description of the specific
role of employers in the proposed
program, such as their role in
developing the proposed program and
assisting in service provision and in
placement activities;
(x) a description of how the proposed
program will be coordinated with other
Federal, State, and local activities
and activities conducted by Indian
tribes, such as local workforce
investment activities, career and
technical education and training
programs, adult and language
instruction educational programs,
activities conducted by public schools,
activities conducted by community
colleges, national service programs,
and other job training provided with
funds available under this title;
(xi) assurances that there will be a
sufficient number of adequately trained
supervisory personnel in the proposed
program;
(xii) a description of the levels of
performance to be achieved with respect
to the primary indicators of
performance for eligible youth
described in section 116(b)(2)(A)(ii);
(xiii) a description of the
applicant's relationship with local
building trade unions regarding their
involvement in training to be provided
through the proposed program, the
relationship of the proposed program to
established registered apprenticeship
programs and employers, the ability of
the applicant to grant an industry-
recognized certificate or certification
through the program, and the quality of
the program leading to the certificate
or certification;
(xiv) a description of activities
that will be undertaken to develop the
leadership skills of participants;
(xv) 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
proposed program;
(xvi) a description of the
commitments for any additional
resources (in addition to the funds
made available through the grant) to be
made available to the proposed program
from--
(I) the applicant;
(II) recipients of other
Federal, State, or local
housing and community
development assistance that
will sponsor any part of the
rehabilitation or construction,
operation and maintenance, or
other housing and community
development activities
undertaken as part of the
proposed program; or
(III) entities carrying out
other Federal, State, or local
activities or activities
conducted by Indian tribes,
including career and technical
education and training
programs, adult and language
instruction educational
programs, and job training
provided with funds available
under this title;
(xvii) information identifying, and a
description of, the financing proposed
for any--
(I) rehabilitation of the
property involved;
(II) acquisition of the
property; or
(III) construction of the
property;
(xviii) information identifying, and
a description of, the entity that will
operate and manage the property;
(xix) information identifying, and a
description of, the data collection
systems to be used;
(xx) a certification, by a public
official responsible for the housing
strategy for the State or unit of
general local government within which
the proposed program is located, that
the proposed program is consistent with
the housing strategy; [and]
(xxi) a certification that the
applicant will comply with the
requirements of the Fair Housing Act
(42 U.S.C. 3601 et seq.) and will
affirmatively further fair housing[.];
and
(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).
(4) Selection criteria.--For an applicant to be
eligible to receive a grant under this subsection, the
applicant and the applicant's proposed program shall
meet [such selection criteria as the Secretary shall
establish under this section, which shall include
criteria] selection criteria relating to--
(A) the qualifications or potential
capabilities of an applicant;
(B) an applicant's potential for developing a
successful YouthBuild program;
(C) the need for an applicant's proposed
program, as determined by the degree of
economic distress of the community from which
participants would be recruited (measured by
indicators such as poverty, youth unemployment,
and the number of individuals who have dropped
out of secondary school) and of the community
in which the housing and community and public
facilities proposed to be rehabilitated or
constructed is located (measured by indicators
such as incidence of homelessness, shortage of
affordable housing, and poverty);
(D) the commitment of an applicant to
providing skills training, leadership
development, and education to participants;
(E) the focus of a proposed program on
preparing youth for in-demand industry sectors
or occupations, or postsecondary education and
training opportunities;
(F) the extent of an applicant's coordination
of activities to be carried out through the
proposed program with local boards, one-stop
operators, and one-stop partners participating
in the operation of the one-stop delivery
system involved, or the extent of the
applicant's good faith efforts in achieving
such coordination;
(G) the extent of the applicant's
coordination of activities with public
education, criminal justice, housing and
community development, national service, or
postsecondary education or other systems that
relate to the goals of the proposed program;
(H) the extent of an applicant's coordination
of activities with employers in the local area
involved;
(I) the extent to which a proposed program
provides for inclusion of tenants who were
previously homeless individuals in the rental
housing provided through the program;
(J) the commitment of additional resources
(in addition to the funds made available
through the grant) to a proposed program by--
(i) an applicant;
(ii) recipients of other Federal,
State, or local housing and community
development assistance who will sponsor
any part of the rehabilitation or
construction, operation and
maintenance, or other housing and
community development activities
undertaken as part of the proposed
program; or
(iii) entities carrying out other
Federal, State, or local activities or
activities conducted by Indian tribes,
including career and technical
education and training programs, adult
and language instruction educational
programs, and job training provided
with funds available under this title;
and
(K) the applicant's potential to serve
different regions, including rural areas and
States that have not previously received grants
for YouthBuild programs[; and].
[(L) such other factors as the Secretary
determines to be appropriate for purposes of
carrying out the proposed program in an
effective and efficient manner.]
(5) Approval.--To the extent practicable, the
Secretary shall notify each applicant, not later than 5
months after the date of receipt of the application by
the Secretary, whether the application is approved or
not approved.
(d) Use of Housing Units.--Residential housing units
rehabilitated or constructed using funds made available under
subsection (c), shall be available solely--
(1) for rental by, or sale to, homeless individuals
or low-income families; or
(2) for use as transitional or permanent housing, for
the purpose of assisting in the movement of homeless
individuals to independent living.
(e) Additional Program Requirements.--
(1) Eligible participants.--
(A) In general.--Except as provided in
subparagraph (B), an individual may participate
in a YouthBuild program only if such individual
is--
(i) not less than age 16 and not more
than age 24, on the date of enrollment;
(ii) a member of a low-income family,
a youth in foster care (including youth
aging out of foster care), a youth
[offender] who is a justice-involved
individual, a youth who is an
individual with a disability, a child
of incarcerated parents, or a migrant
youth; and
(iii) a school dropout, or an
individual who was a school dropout and
has subsequently reenrolled.
(B) Exception for individuals not meeting
income or educational need requirements.--Not
more than 25 percent of the participants in
such program may be individuals who do not meet
the requirements of clause (ii) or (iii) of
subparagraph (A), but who--
(i) [are basic skills deficient] have
foundational skill needs, despite
attainment of a secondary school
diploma or its recognized equivalent
(including recognized certificates of
attendance or similar documents for
individuals with disabilities); or
(ii) have been referred by a local
secondary school for participation in a
YouthBuild program leading to the
attainment of a secondary school
diploma.
(2) Participation limitation.--An eligible individual
selected for participation in a YouthBuild program
shall be offered full-time participation in the program
for a period of not less than 6 months and not more
than 24 months.
(3) Minimum time devoted to educational services and
activities.--A YouthBuild program receiving assistance
under subsection (c) shall be structured so that
participants in the program are offered--
(A) education and related services and
activities designed to meet educational needs,
such as those specified in clauses (iv) through
(vii) of subsection (c)(2)(A), during at least
50 percent of the time during which the
participants participate in the program; and
(B) work and skill development activities,
such as those specified in clauses (i), (ii),
(iii), and (viii) of subsection (c)(2)(A),
during at least 40 percent of the time during
which the participants participate in the
program.
(4) Authority restriction.--No provision of this
section may be construed to authorize any agency,
officer, or employee of the United States to exercise
any direction, supervision, or control over the
curriculum, program of instruction, administration, or
personnel of any educational institution (including a
school) or school system, or over the selection of
library resources, textbooks, or other printed or
published instructional materials by any educational
institution or school system.
(5) State and local standards.--All educational
programs and activities supported with funds provided
under subsection (c) shall be consistent with
applicable State and local educational standards.
Standards and procedures for the programs and
activities that relate to awarding academic credit for
and certifying educational attainment in such programs
and activities shall be consistent with applicable
State and local educational standards.
(f) Levels of performance and indicators.--
(1) In general.--The Secretary shall annually
establish expected levels of performance for YouthBuild
programs relating to each of the primary indicators of
performance for eligible youth activities described in
section 116(b)(2)(A)(ii).
[(2) Additional indicators.--The Secretary may
establish expected levels of performance for additional
indicators for YouthBuild programs, as the Secretary
determines appropriate.]
(2) Use of wage records.--The Secretary shall make
arrangements with a State or other appropriate entity
to facilitate the use of State wage records to evaluate
the performance of YouthBuild programs funded under
this section on the employment and earnings indicators
described in section 116(b)(2)(A)(ii) for the purposes
of the report required under paragraph (3).
(3) Performance results.--For each program year, the
Secretary shall make available, on a publicly
accessible website of the Department, a report on the
performance of YouthBuild programs, during such program
year, funded under this section on--
(A) the primary indicators of performance
described in section 116(b)(2)(A)(ii); and
(B) the expected levels of performance for
such programs as described in paragraph (1).
(g) Management and Technical Assistance.--
(1) Secretary assistance.--The Secretary may enter
into contracts with 1 or more entities to provide
assistance to the Secretary in the management,
supervision, and coordination of the program carried
out under this section.
(2) Technical assistance.--
(A) Contracts and grants.--The Secretary
shall enter into contracts with or make grants
to 1 or more qualified national nonprofit
agencies, in order to provide training,
information, technical assistance, program
evaluation, and data management to recipients
of grants under subsection (c).
(B) Reservation of Funds.--Of the amounts
available under subsection (i) to carry out
this section for a fiscal year, the Secretary
shall reserve 5 percent to carry out
subparagraph (A).
(3) Capacity building grants.--
(A) In general.--In each fiscal year, the
Secretary may use not more than 3 percent of
the amounts available under subsection (i) to
award grants to 1 or more qualified national
nonprofit agencies to pay for the Federal share
of the cost of capacity building activities.
(B) Federal share.--The Federal share of the
cost described in subparagraph (A) shall be 25
percent. The non-Federal share shall be
provided from private sources.
(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.
(h) Subgrants and Contracts.--Each recipient of a grant under
subsection (c) to carry out a YouthBuild program shall provide
the services and activities described in this section directly
or through subgrants, contracts, or other arrangements with
local educational agencies, institutions of higher education,
State or local housing development agencies, other public
agencies, including agencies of Indian tribes, or private
organizations.
[(i) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
[(1) $77,534,000 for fiscal year 2015;
[(2) $83,523,000 for fiscal year 2016;
[(3) $85,256,000 for fiscal year 2017;
[(4) $87,147,000 for fiscal year 2018;
[(5) $89,196,000 for fiscal year 2019; and
[(6) $91,087,000 for fiscal year 2020.]
(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. 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) and are conducted with a
commitment by the employer to employ
individuals upon successful completion of the
preparation.
(c) Application.--
(1) Form and procedure.--To be qualified to receive
funds under this section, an eligible entity shall
submit an application at such time, and in such manner,
as determined by the Secretary, and containing the
information described in paragraph (2).
(2) Contents.--An application submitted by an
eligible entity under paragraph (1) shall contain the
following:
(A) A description of the eligible entity,
including the experience of the eligible entity
in providing employment and training services
for justice-involved individuals.
(B) A description of the needs that will be
addressed by the reentry project supported by
the funds received under this section, and the
target participant population and the
geographic area to be served.
(C) A description of the proposed employment
and training activities and supportive
services, if applicable, to be provided under
such reentry project, and how such activities
and services will prepare participants for
employment in in-demand industry sectors and
occupations within the geographic area to be
served by such reentry project.
(D) The anticipated schedule for carrying out
the activities proposed under the reentry
project.
(E) A description of--
(i) the partnerships the eligible
entity will establish with agencies and
entities within the criminal justice
system, local boards and one-stops,
community-based organizations, and
employers (including local businesses)
to provide participants of the reentry
project with work-based learning, job
placement, and recruitment (if
applicable); and
(ii) how the eligible entity will
coordinate its activities with other
services and benefits available to
justice-involved individuals in the
geographic area to be served by the
reentry project.
(F) A description of the manner in which
individuals will be recruited and selected for
participation for the reentry project.
(G) A detailed budget and a description of
the system of fiscal controls, and auditing and
accountability procedures, that will be used to
ensure fiscal soundness for the reentry
project.
(H) A description of the expected levels of
performance to be achieved with respect to the
performance measures described in subsection
(e).
(I) A description of the evidence-based
practices the eligible entity will use in
administration of the reentry project.
(J) An assurance that the eligible entity
will collect, disaggregate by each
subpopulation of individuals with barriers to
employment, and by race, ethnicity, sex, and
age, and report to the Secretary the data
required with respect to the reentry project
carried out by the eligible entity for purposes
of determining levels of performance achieved
and conducting the evaluation under this
section.
(K) An assurance that the eligible entity
will provide matching funds, as described in
subsection (d)(4).
(L) A description of how the eligible entity
plans to continue the reentry project after the
award period.
(3) Additional content for intermediary applicants.--
An application submitted by an eligible entity seeking
to serve as a national or regional intermediary as
described in subsection (b)(1)(B) shall also contain
the following:
(A) An identification and description of the
eligible entities that will be subgrantees of
such intermediary and implement the reentry
projects, which shall include subgrantees in--
(i) three or more noncontiguous
metropolitan areas or rural areas; and
(ii) not less than 2 States.
(B) A description of the services and
supports the intermediary will provide to the
subgrantees, including administrative and
fiscal support to ensure the subgrantees comply
with all grant requirements.
(C) A description of how the intermediary
will facilitate the replication of evidence-
based practices or other best practices
identified by the intermediary across all
subgrantees.
(D) If such intermediary is currently
receiving, or has previously received, funds
under this section as an intermediary to
implement a reentry project, an assurance that
none of the subgrantees identified under
subparagraph (A) were previous subgrantees of
the intermediary for such reentry project and
failed to meet the levels of performance
established for such reentry project.
(d) Uses of Funds.--
(1) Required activities.--An eligible entity that
receives funds under this section shall use such funds
to implement a reentry project for eligible adults,
eligible youth, or both that provides each of the
following:
(A) One or more of the individualized career
services listed in subclauses (I) through (IX)
of section 134(c)(2)(A)(xii).
(B) One or more of the training services
listed in clauses (i) through (x)(i) in section
134(c)(3)(D), including subsidized employment
opportunities through transitional jobs.
(C) For participants who are eligible youth,
one or more of the program elements listed in
subparagraphs (A) through (N) of section
129(c)(2).
(2) Allowable activities.--An eligible entity that
receives funds under this section may use such funds to
provide to eligible adults or eligible youth the
following:
(A) Followup services after placement in
unsubsidized employment as described in section
134(c)(2)(A)(xiii).
(B) Apprenticeship programs.
(C) Education in digital literacy skills.
(D) Mentoring.
(E) Assistance in obtaining employment,
including as a result of the eligible entity--
(i) establishing and developing
relationships and networks with large
and small employers; and
(ii) coordinating with employers to
develop customized training programs
and on-the-job training.
(F) Assistance with driver's license
reinstatement and fees for driver's licenses
and other necessary documents for employment.
(G) Provision of or referral to evidence-
based mental health treatment by licensed
practitioners.
(H) Provision of or referral to substance use
disorder treatment services, provided that
funds awarded under this section are only used
to provide such services to participants who
are unable to obtain such services through
other programs providing such services.
(I) Provisions of or referral to supportive
services, provided that no more than 5 percent
of funds awarded to an eligible entity under
this section may be used to provide such
services to participants who are able to obtain
such services through other programs providing
such services.
(3) Administrative cost limit.--An eligible entity
may not use more than 7 percent of the funds received
under this section for administrative costs, including
for costs related to collecting information, analysis,
and coordination for purposes of subsection (e) or (f).
(4) Matching funds.--An eligible entity shall provide
a non-Federal contribution, which may be provided in
cash or in-kind, for the costs of the project in an
amount that is not less than 25 percent of the total
amount of funds awarded to the entity for such period,
except that the Secretary may waive the matching funds
requirement, on a case-by-case basis and for not more
than 20 percent of all grants awarded, if the eligible
entity demonstrates significant financial hardship.
(e) Levels of Performance.--
(1) Establishment of levels.--
(A) In general.--The Secretary shall
establish expected levels of performance for
reentry projects funded under this section
for--
(i) each of the primary indicators of
performance for adults and youth
described in section 116(b); and
(ii) an indicator of performance
established by the Secretary with
respect to participant recidivism.
(B) Updates.--The levels established under
subparagraph (A) shall be updated for each 4-
year-award period.
(2) Agreement on performance levels.--In establishing
and updating performance levels under paragraph (1),
the Secretary shall reach agreement on such levels with
the eligible entities receiving awards under this
section that will be subject to such levels, based on,
as the Secretary determines relevant for each indicator
of performance, the following factors:
(A) The expected performance levels of each
such eligible entity described in the
application submitted under subsection
(c)(2)(H).
(B) The local economic conditions of the
geographic area to be served by each such
eligible entity, including differences in
unemployment rates and job losses or gains in
particular industries.
(C) The characteristics of project
participants when entering the project
involved, including--
(i) criminal records;
(ii) indicators of poor work history;
(iii) lack of work experience;
(iv) lack of educational or
occupational skills attainment;
(v) low levels of literacy or English
proficiency;
(vi) disability status;
(vii) homelessness; and
(viii) receipt of public assistance.
(3) Failure to meet performance levels.--In the case
of an eligible entity that fails to meet the
performance levels established under paragraph (1) and
updated to reflect the actual economic conditions and
characteristics of participants (as described in
paragraph (2)(C)) served by the reentry project
involved for any award year, the Secretary shall
provide technical assistance to the eligible entity,
including the development of a performance improvement
plan.
(f) Evaluation of Reentry Projects.--
(1) In general.--Not later than 5 years after the
first award of funds under this section is made, the
Secretary (acting through the Chief Evaluation Officer)
shall meet each of the following requirements:
(A) Design and conduct of evaluation.--Design
and conduct an evaluation to evaluate the
effectiveness of the reentry projects funded
under this section, which meets the
requirements of paragraph (2), and includes an
evaluation of each of the following:
(i) The effectiveness of such
projects in assisting individuals with
finding employment and maintaining
employment at the second quarter and
fourth quarter after unsubsidized
employment is obtained.
(ii) The effectiveness of such
projects in assisting individuals with
earning recognized postsecondary
credentials.
(iii) The effectiveness of such
projects in relation to their cost,
including the extent to which the
projects improve reentry outcomes,
including in employment, compensation
(which may include wages earned and
benefits), career advancement,
measurable skills gains, credentials
earned, and recidivism of participants
in comparison to comparably situated
individuals who did not participate in
such projects.
(iv) The effectiveness of specific
services and interventions provided and
of the overall project design.
(v) If applicable, the extent to
which such projects effectively serve
various demographic groups, including
people of different geographic
locations, ages, races, national
origins, sex, and criminal records, and
individuals with disabilities.
(vi) If applicable, the appropriate
sequencing, combination, or concurrent
structure, of services for each
subpopulation of individuals who are
participants of such projects, such as
the order, combination, or concurrent
structure and services in which
transitional jobs and occupational
skills development are provided, to
ensure that such participants are
prepared to fully benefit from
employment and training services
provided under the project.
(vii) Limitations or barriers to
education and employment as a result of
occupational or educational licensing
restrictions.
(B) Data accessibility.--Make available, on
the publicly accessible website of the
Department of Labor, data collected during the
course of evaluation under this subsection, in
an aggregated format that does not disclose
personally identifiable information.
(2) Design requirements.--An evaluation under this
subsection--
(A) shall--
(i) be designed by the Secretary
(acting through the Chief Evaluation
Officer) in conjunction with the
eligible entities carrying out the
reentry projects being evaluated;
(ii) include analysis of participant
feedback and outcome and process
measures; and
(iii) use designs that employ the
most rigorous analytical and
statistical methods that are reasonably
feasible, such as the use of control
groups; and
(B) may not--
(i) collect personally identifiable
information, except to the extent such
information is necessary to conduct the
evaluation; or
(ii) reveal or share personally
identifiable information.
(3) Publication and reporting of evaluation
findings.--The Secretary (acting through the Chief
Evaluation Officer) shall--
(A) in accordance with the timeline
determined to be appropriate by the Chief
Evaluation Officer, publish an interim report
on such evaluation;
(B) not later than 90 days after the date on
which any evaluation is completed under this
subsection, publish and make publicly available
such evaluation; and
(C) not later than 60 days after the
completion date described in subparagraph (B),
submit to the Committee on Education and the
Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and
Pensions of the Senate a report on such
evaluation.
(g) Annual Report.--
(1) Contents.--Subject to paragraph (2), the
Secretary shall post, using transparent, linked, open,
and interoperable data formats, on its publicly
accessible website, an annual report on--
(A) the number of individuals who
participated in projects assisted under this
section for the preceding year;
(B) the percentage of such individuals who
successfully completed the requirements of such
projects;
(C) the performance of eligible entities on
such projects as measured by the performance
indicators set forth in subsection (e); and
(D) an explanation of any waivers granted by
the Secretary of the matching requirement under
subsection (d)(4).
(2) Disaggregation.--The information provided under
subparagraphs (A) through (C) of paragraph (1) with
respect to a year shall be disaggregated by each
project assisted under this section for such year.
(h) Reservation of Funds.--Of the funds appropriated under
section 174(e) for a fiscal year, the Secretary--
(1) may reserve not more than 5 percent for the
administration of grants, contracts, and cooperative
agreements awarded under this section, of which not
more than 2 percent may be reserved for the provision
of--
(A) technical assistance to eligible entities
that receive funds under this section; and
(B) outreach and technical assistance to
eligible entities desiring to receive such
funds, including assistance with application
development and submission; and
(2) shall reserve not less than 1 percent and not
more than 2.5 percent for the evaluation activities
under subsection (f) or to support eligible entities
with any required data collection, analysis, and
coordination related to such evaluation activities.
(i) Definitions.--In this section:
(1) Chief evaluation officer.--The term ``Chief
Evaluation Officer'' means the head of the independent
evaluation office located in the Office of the
Assistant Secretary for Policy of the Department of
Labor.
(2) Community supervision.--The term ``community
supervision'' means mandatory oversight (including
probation and parole) of a formerly incarcerated
person--
(A) who was convicted of a crime by a judge
or parole board; and
(B) who is living outside a secure facility.
(3) Correctional institution.--The term
``correctional institution'' has the meaning given the
term in section 225(e).
(4) Eligible entity.--The term ``eligible entity''
means--
(A) a private nonprofit organization under
section 501(c)(3) of the Internal Revenue Code
of 1986, including a community-based or faith-
based organization;
(B) a local board;
(C) a State or local government;
(D) an Indian or Native American entity
eligible for grants under section 166;
(E) a labor organization or joint labor-
management organization;
(F) an industry or sector partnership;
(G) an institution of higher education; or
(H) a consortium of the entities described in
subparagraphs (A) through (H).
(5) Eligible adult.--The term ``eligible adult''
means a justice-involved individual who--
(A) is age 25 or older; and
(B) in the case of an individual that was
previously incarcerated, was released from
incarceration not more than 3 years prior to
enrollment in a project funded under this
section.
(6) Eligible youth.--The term ``eligible youth''
means a justice-involved individual who is not younger
than age 14 or older than age 24.
(7) High-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 an individual who has been
convicted as a juvenile or an adult and imprisoned
under Federal or State law.
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 in-demand industry sectors or
occupations for which such programs will
prepare participants.
(J) The evidence upon which the education and
skills development strategies to be used in
such workforce development programs are based
and an explanation of how such evidence
influenced the design of the programs to
improve education and employment outcomes.
(K) How activities of the eligible
institution are expected to align with the
workforce strategies identified in--
(i) any State plan or local plan
submitted under this Act by the State,
outlying area, or locality in which the
eligible institution is expected to
operate;
(ii) any State plan submitted under
section 122 of the Carl D. Perkins
Career and Technical Education Act of
2006 (20 U.S.C. 2342) by such State or
outlying area; and
(iii) any economic development plan
of the chief executive of such State or
outlying area.
(L) The goals of the eligible institution
with respect to--
(i) capacity building (as described
in subsection (f)(1)(B)); and
(ii) the expected performance of
individuals participating in the
programs to be offered by the eligible
institution, including with respect to
any performance indicators applicable
under section 116 or subsection (f) of
this section.
(3) Consideration of previous experience.--The
Secretary may not disqualify an eligible institution
from receiving a grant under this section solely
because such institution lacks previous experience in
building partnerships, as described in paragraph
(2)(A).
(4) Priority.--In awarding grants under this section,
the Secretary shall give priority to eligible
institutions that--
(A) will use the grant to serve--
(i) individuals with barriers to
employment; or
(ii) incumbent workers who need to
gain or improve foundational skills to
enhance their employability;
(B) use competency-based assessments, such as
the competency-based assessment identified by
the State in which the eligible institution is
located under section 134(a)(2)(B)(vii), to
award academic credit for prior learning for
programs supported by the grant; or
(C) have, or will seek to have, the career
education programs supported by the grant
included on the list of eligible providers of
training services under section 122 for the
State in which the eligible institution is
located.
(e) Uses of Funds.--
(1) Eligible institution and industry partnership.--
For the purpose of carrying out the activities
specified in paragraphs (2) and (3), an eligible
institution that receives a grant under this section
shall establish a partnership (or continue an existing
partnership) with one or more employers in an in-demand
industry sector or occupation (in this section referred
to as an ``eligible institution and industry
partnership'') and shall maintain such partnership for
the duration of the grant period. The eligible
institution shall ensure that the partnership--
(A) targets one or more specific high-skill,
high-wage, or in-demand industries;
(B) includes collaboration with the workforce
development system;
(C) serves adult and dislocated workers,
incumbent workers, and new entrants to the
workforce;
(D) uses an evidence-based program design
that is appropriate for the activities carried
out by the partnership;
(E) incorporates work-based learning
opportunities, as defined in section 3 of the
Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302); and
(F) incorporates, to the extent appropriate,
virtual service delivery to facilitate
technology-enabled learning.
(2) Required activities.--An eligible institution
that receives a grant under this section shall, in
consultation with the employers in the eligible
institution and industry partnership described in
paragraph (1)--
(A) establish, improve, or expand high
quality, evidence-based workforce development
programs, career pathway programs, or work-
based learning programs (including
apprenticeship programs or preapprenticeships);
(B) provide career services to individuals
participating in the programs funded with the
grant to facilitate retention and program
completion, which may include--
(i) career navigation, coaching,
mentorship, and case management
services, including providing
information and outreach to individuals
with barriers to employment to
encourage such individuals to
participate in programs funded with the
grant; and
(ii) providing access to course
materials, technological devices,
required equipment, and other supports
necessary for participation in and
successful completion of such programs;
and
(C) make available, in a format that is open,
searchable, and easily comparable, information
on--
(i) curricula and recognized
postsecondary credentials offered
through programs funded with the grant,
including any curricula or credentials
created or further developed using such
grant, which for each recognized
postsecondary credential, shall
include--
(I) the issuing entity of
such credential;
(II) any third-party
endorsements of such
credential;
(III) the occupations for
which the credential prepares
individuals;
(IV) the skills and
competencies necessary to
achieve to earn such
credential;
(V) the level of mastery of
such skills and competencies
(including how mastery is
assessed); and
(VI) any transfer value or
stackability of the credential;
(ii) any skills or competencies
developed by individuals who
participate in such programs beyond the
skills and competencies identified as
part of the recognized postsecondary
credential awarded; and
(iii) related employment and earnings
outcomes on the primary indicators of
performance described in subclauses (I)
through (III) of section
116(b)(2)(A)(i).
(3) Additional activities.--In addition to the
activities required under paragraph (2), an eligible
institution that receives a grant under this section
shall, in consultation with the employers in the
eligible institution and industry partnership described
in paragraph (1), carry out one or more of the
following activities:
(A) Establish, improve, or expand--
(i) articulation agreements (as
defined in section 486A(a) of the
Higher Education Act of 1965 (20 U.S.C.
1093a(a)));
(ii) credit transfer agreements;
(iii) corequisite remediation
programs that enable a student to
receive remedial education services
while enrolled in a postsecondary
course rather than requiring the
student to receive remedial education
before enrolling in a such a course;
(iv) dual or concurrent enrollment
programs;
(v) competency-based education and
assessment; or
(vi) policies and processes to award
academic credit for prior learning or
for the programs described in paragraph
(2)(A).
(B) Establish or implement plans for
providers of the programs described in
paragraph (2)(A) to meet the criteria and carry
out the procedures necessary to be included on
the eligible training services provider list
described in section 122(d).
(C) Purchase, lease, or refurbish specialized
equipment as necessary to carry out such
programs, provided that not more than 15
percent of the funds awarded to the eligible
institution under this section may be used for
activities described in this subparagraph.
(D) Reduce or eliminate unmet financial need
relating to the cost of attendance (as defined
under section 472 of the Higher Education Act
of 1965 (20 U.S.C. 1087ll)) of participants in
such programs.
(4) Administrative cost limit.--An eligible
institution may use not more than 7 percent of the
funds awarded under this section for administrative
costs, including costs related to collecting
information, analysis, and coordination for purposes of
subsection (f).
(f) Performance Levels and Performance Reviews.--
(1) In general.--The Secretary shall develop and
implement guidance that establishes the levels of
performance that are expected to be achieved by each
eligible institution receiving a grant under this
section. Such performance levels shall be established
on the following indicators:
(A) Each of the primary indicators of
performance for adults described in section
116(b), which shall be applied for all
individuals who participated in a program that
received funding from a grant under this
section.
(B) The extent to which the eligible
institution built capacity by--
(i) increasing the breadth and depth
of employer engagement and investment
in workforce development programs in
the in-demand industry sectors and
occupations targeted by the eligible
institution and industry partnership
established or maintained by the
eligible institution under subsection
(e)(1);
(ii) designing or implementing new
and accelerated instructional
techniques or technologies, including
the use of advanced online and
technology-enabled learning (such as
immersive technology); and
(iii) increasing program and policy
alignment across systems and decreasing
duplicative services or service gaps.
(C) With respect to individuals who
participated in a workforce development program
funded with the grant--
(i) the percentage of participants
who successfully completed the program;
and
(ii) of the participants who were
incumbent workers at the time of
enrollment in the program, the
percentage who advanced into higher
level positions during or after
completing the program.
(2) Consultation and determination of performance
levels.--
(A) Consideration.--In developing performance
levels in accordance with paragraph (1), the
Secretary shall take into consideration the
goals of the eligible institution pursuant to
subsection (d)(2)(L).
(B) Determination.--After completing the
consideration required under subparagraph (A),
the Secretary shall separately determine the
performance levels that will apply to each
eligible institution, taking into account--
(i) the expected performance levels
of each eligible institution with
respect to the goals described by the
eligible institution pursuant to
subsection (d)(2)(L); and
(ii) local economic conditions in the
geographic area to be served by the
eligible institution, including
differences in unemployment rates and
job losses or gains in particular
industries.
(C) Notice and acknowledgment.--
(i) Notice.--The Secretary shall
provide each eligible institution with
a written notification that sets forth
the performance levels that will apply
to the eligible institution, as
determined under subparagraph (B).
(ii) Acknowledgment.--After receiving
the notification described in clause
(i), each eligible institution shall
submit to the Secretary written
confirmation that the eligible
institution--
(I) received the
notification; and
(II) agrees to be evaluated
in accordance with the
performance levels determined
by the Secretary.
(3) Performance reviews.--On an annual basis during
each year of the grant period, the Secretary shall
evaluate the performance during such year of each
eligible institution receiving a grant under this
section in a manner consistent with the performance
levels determined for such institution pursuant to
paragraph (2).
(4) Failure to meet performance levels.--After
conducting an evaluation under paragraph (3), if the
Secretary determines that an eligible institution did
not achieve the performance levels applicable to the
eligible institution under paragraph (2), the Secretary
shall--
(A) provide technical assistance to the
eligible institution; and
(B) develop a performance improvement plan
for the eligible institution.
(g) Evaluations and Reports.--
(1) In general.--Not later than 4 years after the
date on which the first grant is made under this
section, the Secretary shall design and conduct an
evaluation to determine the overall effectiveness of
the eligible institutions receiving a grant under this
section.
(2) Elements.--The evaluation of the effectiveness of
eligible institutions conducted under paragraph (1)
shall include an assessment of the general
effectiveness of programs and activities supported by
the grants awarded to such eligible institutions under
this section, including the extent to which the
programs and activities--
(A) developed new, or expanded existing,
successful industry sector strategies,
including the extent to which such eligible
institutions deepened employer engagement and
developed workforce development programs that
met industry skill needs;
(B) created, expanded, or enhanced career
pathways, including the extent to which the
eligible institutions developed or improved
competency-based education and assessment,
credit for prior learning, modularized and
self-paced curricula, integrated education and
workforce development, dual enrollment in
secondary and postsecondary career pathways,
stacked and latticed credentials, and online
and distance learning;
(C) created alignment between eligible
institutions and the workforce development
system;
(D) assisted individuals with finding,
retaining, or advancing in employment;
(E) assisted individuals with earning
recognized postsecondary credentials; and
(F) provided equal access to various
demographic groups, including people of
different geographic locations, ages, races,
national origins, and sexes.
(3) Design requirements.--The evaluation under this
subsection shall--
(A) be designed by the Secretary (acting
through the Chief Evaluation Officer) in
conjunction with the eligible institutions
being evaluated;
(B) include analysis of program participant
feedback and outcome and process measures; and
(C) use designs that employ the most rigorous
analytical and statistical methods that are
reasonably feasible, such as the use of control
groups.
(4) Data accessibility.--The Secretary shall make
available on a publicly accessible website of the
Department of Labor any data collected as part of the
evaluation under this subsection. Such data shall be
made available in an aggregated format that does not
reveal personally identifiable information and that
ensures compliance with relevant Federal laws,
including section 444 of the General Education
Provisions Act (commonly known as the ``Family
Educational Rights and Privacy Act of 1974'') (20
U.S.C. 1232g).
(5) Publication and reporting of evaluation
findings.--The Secretary (acting through the Chief
Evaluation Officer) shall--
(A) in accordance with the timeline
determined to be appropriate by the Chief
Evaluation Officer, publish an interim report
on the preliminary results of the evaluation
conducted under this subsection;
(B) not later than 60 days after the date on
which the evaluation is completed under this
subsection, submit to the Committee on
Education and the Workforce of the House of
Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a
report on such evaluation; and
(C) not later than 90 days after such
completion date, publish and make the results
of such evaluation available on a publicly
accessible website of the Department of Labor.
(h) Annual Reports.--The Secretary shall make available on a
publicly accessible website of the Department of Labor, in
transparent, linked, open, and interoperable data formats, the
following information:
(1) The performance of eligible institutions on the
capacity-building performance indicator set forth under
subsection (f)(1)(B).
(2) The performance of eligible institutions on the
workforce development participant outcome performance
indicators set forth under subsection (f)(1)(C).
(3) The number of individuals enrolled in workforce
development programs funded with a grant under this
section.
(i) Definitions.--In this section:
(1) Community college.--The term ``community
college'' means--
(A) a public institution of higher education
(as defined in section 101(a) of the Higher
Education Act (20 U.S.C. 1001(a)), at which--
(i) the highest degree awarded is an
associate degree; or
(ii) an associate degree is the most
frequently awarded degree;
(B) a branch campus of a 4-year public
institution of higher education (as defined in
section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)), if, at such branch campus--
(i) the highest degree awarded is an
associate degree; or
(ii) an associate degree is the most
frequently awarded degree;
(C) a 2-year Tribal College or University (as
defined in section 316(b)(3) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b)(3)));
or
(D) a degree-granting Tribal College or
University (as defined in section 316(b)(3) of
the Higher Education Act of 1965 (20 U.S.C.
1059c(b)(3))) at which--
(i) the highest degree awarded is an
associate degree; or
(ii) an associate degree is the most
frequently awarded degree.
(2) Eligible institution.--The term ``eligible
institution'' means--
(A) a community college;
(B) a postsecondary vocational institution
(as defined in section 102(c) of the Higher
Education Act of 1965 (20 U.S.C. 1002(c))); or
(C) a consortium of such colleges or
institutions.
(j) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement, and not supplant, other
Federal, State, and local public funds made available for
carrying out the activities described in this section.
SEC. [172.] 174. AUTHORIZATION OF APPROPRIATIONS.
[(a) Native american programs.--There are authorized to be
appropriated to carry out section 166 (not including subsection
(k) of such section)--
[(1) $46,082,000 for fiscal year 2015;
[(2) $49,641,000 for fiscal year 2016;
[(3) $50,671,000 for fiscal year 2017;
[(4) $51,795,000 for fiscal year 2018;
[(5) $53,013,000 for fiscal year 2019; and
[(6) $54,137,000 for fiscal year 2020.
[(b) Migrant and Seasonal Farmworker Programs.--There are
authorized to be appropriated to carry out section 167--
[(1) $81,896,000 for fiscal year 2015;
[(2) $88,222,000 for fiscal year 2016;
[(3) $90,052,000 for fiscal year 2017;
[(4) $92,050,000 for fiscal year 2018;
[(5) $94,214,000 for fiscal year 2019; and
[(6) $96,211,000 for fiscal year 2020.
[(c) Technical assistance.--There are authorized to be
appropriated to carry out section 168--
[(1) $3,000,000 for fiscal year 2015;
[(2) $3,232,000 for fiscal year 2016;
[(3) $3,299,000 for fiscal year 2017;
[(4) $3,372,000 for fiscal year 2018;
[(5) $3,451,000 for fiscal year 2019; and
[(6) $3,524,000 for fiscal year 2020.
[(d) Evaluations and Research.--There are authorized to be
appropriated to carry out section 169--
[(1) $91,000,000 for fiscal year 2015;
[(2) $98,029,000 for fiscal year 2016;
[(3) $100,063,000 for fiscal year 2017;
[(4) $102,282,000 for fiscal year 2018;
[(5) $104,687,000 for fiscal year 2019; and
[(6) $106,906,000 for fiscal year 2020.]
(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.
[(e)] (g) Assistance for Veterans.--If, as of the date of
enactment of this Act, any unobligated funds appropriated to
carry out section 168 of the Workforce Investment Act of 1998,
as in effect on the day before the date of enactment of this
Act, remain available, the Secretary of Labor shall continue to
use such funds to carry out such section, as in effect on such
day, until all of such funds are expended.
[(f)] (h) Assistance for Eligible Workers.--If, as of the
date of enactment of this Act, any unobligated funds
appropriated to carry out subsections (f) and (g) of section
173 of the Workforce Investment Act of 1998, as in effect on
the day before the date of enactment of this Act, remain
available, the Secretary of Labor shall continue to use such
funds to carry out such subsections, as in effect on such day,
until all of such funds are expended.
Subtitle E--Administration
SEC. 181. REQUIREMENTS AND RESTRICTIONS.
(a) Benefits.--
(1) Wages.--
(A) In general.--Individuals in on-the-job
training or individuals employed in activities
under this title shall be compensated at the
same rates, including periodic increases, as
trainees or employees who are similarly
situated in similar occupations by the same
employer and who have similar training,
experience, and skills, and such rates shall be
in accordance with applicable law, but in no
event less than the higher of the rate
specified in section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) or
the applicable State or local minimum wage law.
(B) Rule of construction.--The reference in
subparagraph (A) to section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) shall not be applicable for
individuals in territorial jurisdictions in
which section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1))
does not apply.
(2) Treatment of allowances, earnings, and
payments.--Allowances, earnings, and payments to
individuals participating in programs under this title
shall not be considered as income for the purposes of
determining eligibility for and the amount of income
transfer and in-kind aid furnished under any Federal or
federally assisted program based on need, other than as
provided under the Social Security Act (42 U.S.C. 301
et seq.).
(b) Labor Standards.--
(1) Limitations on activities that impact wages of
employees.--No funds provided under this title shall be
used to pay the wages of incumbent employees during
their participation in economic development activities
provided through a statewide workforce development
system.
(2) Displacement.--
(A) Prohibition.--A participant in a program
or activity authorized under this title
(referred to in this section as a ``specified
activity'') shall not displace (including a
partial displacement, such as a reduction in
the hours of nonovertime work, wages, or
employment benefits) any currently employed
employee (as of the date of the participation).
(B) Prohibition on impairment of contracts.--
A specified activity shall not impair an
existing contract for services or collective
bargaining agreement, and no such activity that
would be inconsistent with the terms of a
collective bargaining agreement shall be
undertaken without the written concurrence of
the labor organization and employer concerned.
(3) Other prohibitions.--A participant in a specified
activity shall not be employed in a job if--
(A) any other individual is on layoff from
the same or any substantially equivalent job;
(B) the employer has terminated the
employment of any regular employee or otherwise
reduced the workforce of the employer with the
intention of filling the vacancy so created
with the participant; or
(C) the job is created in a promotional line
that will infringe in any way upon the
promotional opportunities of currently employed
individuals (as of the date of the
participation).
(4) Health and safety.--Health and safety standards
established under Federal and State law otherwise
applicable to working conditions of employees shall be
equally applicable to working conditions of
participants engaged in specified activities. To the
extent that a State workers' compensation law applies,
workers' compensation shall be provided to participants
on the same basis as the compensation is provided to
other individuals in the State in similar employment.
(5) Employment conditions.--Individuals in on-the-job
training or individuals employed in programs and
activities under this title shall be provided benefits
and working conditions at the same level and to the
same extent as other trainees or employees working a
similar length of time and doing the same type of work.
(6) Opportunity to Submit Comments.--Interested
members of the public, including representatives of
businesses and of labor organizations, shall be
provided an opportunity to submit comments to the
Secretary with respect to programs and activities
proposed to be funded under subtitle B.
(7) No impact on union organizing.--Each recipient of
funds under this title shall provide to the Secretary
assurances that none of such funds will be used to
assist, promote, or deter union organizing.
(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.
(c) Grievance Procedure.--
(1) In general.--Each State and local area receiving
an allotment or allocation under this title shall
establish and maintain a procedure for grievances or
complaints alleging violations of the requirements of
this title from participants and other interested or
affected parties. Such procedure shall include an
opportunity for a hearing and be completed within 60
days after the filing of the grievance or complaint.
(2) Investigation.--
(A) In general.--The Secretary shall
investigate an allegation of a violation
described in paragraph (1) if--
(i) a decision relating to such
violation has not been reached within
60 days after the date of the filing of
the grievance or complaint and either
party appeals to the Secretary; or
(ii) a decision relating to such
violation has been reached within such
60 days and the party to which such
decision is adverse appeals such
decision to the Secretary.
(B) Additional requirement.--The Secretary
shall make a final determination relating to an
appeal made under subparagraph (A) no later
than 120 days after receiving such appeal.
(3) Remedies.--Remedies that may be imposed under
this section for a violation of any requirement of this
title shall be limited--
(A) to suspension or termination of payments
under this title;
(B) to prohibition of placement of a
participant with an employer that has violated
any requirement under this title;
(C) where applicable, to reinstatement of an
employee, payment of lost wages and benefits,
and reestablishment of other relevant terms,
conditions, and privileges of employment; and
(D) where appropriate, to other equitable
relief.
(4) Rule of construction.--Nothing in paragraph (3)
shall be construed to prohibit a grievant or
complainant from pursuing a remedy authorized under
another Federal, State, or local law for a violation of
this title.
(d) Relocation.--
(1) Prohibition on use of funds to encourage or
induce relocation.--No funds provided under this title
shall be used, or proposed for use, to encourage or
induce the relocation of a business or part of a
business if such relocation would result in a loss of
employment for any employee of such business at the
original location and such original location is within
the United States.
(2) Prohibition on use of funds after relocation.--No
funds provided under this title for an employment or
training activity shall be used for customized or skill
training, on-the-job training, [incumbent worker
training,] incumbent worker training, employer-directed
skills development, transitional employment, or
company-specific assessments of job applicants or
employees, for any business or part of a business that
has relocated, until the date that is 120 days after
the date on which such business commences operations at
the new location, if the relocation of such business or
part of a business results in a loss of employment for
any employee of such business at the original location
and such original location is within the United States.
(3) Repayment.--If the Secretary determines that a
violation of paragraph (1) or (2) has occurred, the
Secretary shall require the State that has violated
such paragraph (or that has provided funding to an
entity that has violated such paragraph) to repay to
the United States an amount equal to the amount
expended in violation of such paragraph.
(e) Limitation on Use of Funds.--No funds available to carry
out an activity under this title shall be used for employment
generating activities, investment in revolving loan funds,
capitalization of businesses, investment in contract bidding
resource centers, economic development activities, or similar
activities, that are not directly related to training for
eligible individuals under this title. No funds received to
carry out an activity under subtitle B shall be used for
foreign travel.
(f) Testing and Sanctioning for Use of Controlled
Substances.--
(1) In general.--Notwithstanding any other provision
of law, a State shall not be prohibited by the Federal
Government from--
(A) testing participants in programs under
subtitle B for the use of controlled
substances; and
(B) sanctioning such participants who test
positive for the use of such controlled
substances.
(2) Additional requirements.--
(A) Period of sanction.--In sanctioning
participants in a program under subtitle B who
test positive for the use of controlled
substances--
(i) with respect to the first
occurrence for which a participant
tests positive, a State may exclude the
participant from the program for a
period not to exceed 6 months; and
(ii) with respect to the second
occurrence and each subsequent
occurrence for which a participant
tests positive, a State may exclude the
participant from the program for a
period not to exceed 2 years.
(B) Appeal.--The testing of participants and
the imposition of sanctions under this
subsection shall be subject to expeditious
appeal in accordance with due process
procedures established by the State.
(C) Privacy.--A State shall establish
procedures for testing participants for the use
of controlled substances that ensure a maximum
degree of privacy for the participants.
(3) Funding requirement.--In testing and sanctioning
of participants for the use of controlled substances in
accordance with this subsection, the only Federal funds
that a State may use are the amounts made available for
the administration of statewide workforce investment
activities under section 134(a)(3)(B).
(g) Subgrant Authority.--A recipient of grant funds under
this title shall have the authority to enter into subgrants in
order to carry out the grant, subject to such conditions as the
Secretary may establish.
* * * * * * *
SEC. 189. SECRETARIAL ADMINISTRATIVE AUTHORITIES AND RESPONSIBILITIES.
(a) In general.--In accordance with chapter 5 of title 5,
United States Code, the Secretary may prescribe rules and
regulations to carry out this title, only to the extent
necessary to administer and ensure compliance with the
requirements of this title. Such rules and regulations may
include provisions making adjustments authorized by section
6504 of title 31, United States Code. All such rules and
regulations shall be published in the Federal Register at least
30 days prior to their effective dates. Copies of each such
rule or regulation shall be transmitted to the appropriate
committees of Congress on the date of such publication and
shall contain, with respect to each material provision of such
rule or regulation, a citation to the particular substantive
section of law that is the basis for the provision.
(b) Acquisition of Certain Property and Services.--The
Secretary is authorized, in carrying out this title, to accept,
purchase, or lease in the name of the Department of Labor, and
employ or dispose of in furtherance of the purposes of this
title, any money or property, real, personal, or mixed,
tangible or intangible, received by gift, devise, bequest, or
otherwise, and to accept voluntary and uncompensated services
notwithstanding the provisions of section 1342 of title 31,
United States Code.
(c) Authority To Enter Into Certain Agreements and To Make
Certain Expenditures.--The Secretary may make such grants,
enter into such contracts or agreements, establish such
procedures, and make such payments, in installments and in
advance or by way of reimbursement, or otherwise allocate or
expend such funds under this title, as may be necessary to
carry out this title, including making expenditures for
construction, repairs, and capital improvements, and including
making necessary adjustments in payments on account of over-
payments or underpayments.
(d) Annual Report.--The Secretary shall prepare and 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 an annual report regarding the
programs and activities funded under this title. The Secretary
shall include in such report--
(1) a summary of the achievements, failures, and
challenges of the programs and activities in meeting
the objectives of this title;
(2) a summary of major findings from research,
evaluations, pilot projects, and experiments conducted
under this title in the fiscal year prior to the
submission of the report;
(3) recommendations for modifications in the programs
and activities based on analysis of such findings; and
(4) such other recommendations for legislative or
administrative action as the Secretary determines to be
appropriate.
(e) Utilization of Services and Facilities.--The Secretary is
authorized, in carrying out this title, under the same
procedures as are applicable under subsection (c) or to the
extent permitted by law other than this title, to accept and
use the services and facilities of departments, agencies, and
establishments of the United States. The Secretary is also
authorized, in carrying out this title, to accept and use the
services and facilities of the agencies of any State or
political subdivision of a State, with the consent of the State
or political subdivision.
(f) Obligational Authority.--Notwithstanding any other
provision of this title, the Secretary shall have no authority
to enter into contracts, grant agreements, or other financial
assistance agreements under this title, except to such extent
and in such amounts as are provided in advance in
appropriations Acts.
(g) Program year.--
(1) In general.--
(A) Program Year.--Except as provided in
subparagraph (B), appropriations for any fiscal
year for programs and activities funded under
this title shall be available for obligation
only on the basis of a program year. The
program year shall begin on July 1 in the
fiscal year for which the appropriation is
made.
(B) Youth workforce investment activities.--
The Secretary may make available for
obligation, beginning April 1 of any fiscal
year, funds appropriated for such fiscal year
to carry out youth workforce investment
activities under subtitle B and activities
under section 171.
(2) Availability.--
(A) In general.--Funds obligated for any
program year for a program or activity funded
under subtitle B may be expended by each State
receiving such funds during that program year
and the 2 succeeding program years. Funds
received by local areas from States under
subtitle B during a program year may be
expended during that program year and the
succeeding program year.
(B) Certain national activities.--
(i) In general.--Funds obligated for
any program year for any program or
activity carried out under section 169
shall remain available until expended.
(ii) Incremental funding basis.--A
contract or arrangement entered into
under the authority of subsection (a)
or (b) of section 169 (relating to
evaluations, research projects, studies
and reports, and multistate projects),
including a long-term, nonseverable
services contract, may be funded on an
incremental basis with annual
appropriations or other available
funds.
(C) Special rule.--No amount of the funds
obligated for a program year for a program or
activity funded under this title shall be
deobligated on account of a rate of expenditure
that is consistent with a State plan, an
operating plan described in section 151, or a
plan, grant agreement, contract, application,
or other agreement described in subtitle D, as
appropriate.
(D) Funds for pay-for-performance contract
strategies.--Funds used to carry out pay-for-
performance contract strategies by local areas
shall remain available until expended.
(h) Enforcement of Military Selective Service Act.--The
Secretary shall ensure that each individual participating in
any program or activity established under this title, or
receiving any assistance or benefit under this title, has not
violated section 3 of the Military Selective Service Act (50
U.S.C. App. 453) by not presenting and submitting to
registration as required pursuant to such section. The Director
of the Selective Service System shall cooperate with the
Secretary to enable the Secretary to carry out this subsection.
(i) Waivers.--
(1) Special rule regarding designated areas.--A State
that has enacted, not later than December 31, 1997, a
State law providing for the designation of service
delivery areas for the delivery of workforce investment
activities, may use such areas as local areas under
this title, notwithstanding section 106.
(2) Special rule regarding sanctions.--A State that
has enacted, not later than December 31, 1997, a State
law providing for the sanctioning of such service
delivery areas for failure to meet performance
accountability measures for workforce investment
activities, may use the State law to sanction local
areas for failure to meet State performance
accountability measures under this title.
(3) General waivers of statutory or regulatory
requirements.--
(A) General authority.--Notwithstanding any
other provision of law, the Secretary may waive
for a State, or a local area in a State,
pursuant to a request submitted by the Governor
of the State (in consultation with appropriate
local elected officials) with a plan that meets
the requirements of subparagraph (B)--
(i) any of the statutory or
regulatory requirements of subtitle A,
subtitle B, or this subtitle (except
for requirements relating to wage and
labor standards, including
nondisplacement protections, worker
rights, participation and protection of
workers and participants, grievance
procedures and judicial review,
nondiscrimination, allocation of funds
to local areas, eligibility of
providers or participants, the
establishment and functions of local
areas and local boards, the funding of
infrastructure costs for one-stop
centers, and [procedures for review and
approval of plans] 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), and
other requirements relating to the
basic purposes of this title); and
(ii) any of the statutory or
regulatory requirements of sections 8
through 10 of the Wagner-Peyser Act (29
U.S.C. 49g through 49i) (excluding
requirements relating to the provision
of services to unemployment insurance
claimants and veterans, and
requirements relating to universal
access to basic labor exchange services
without cost to jobseekers).
(B) Requests.--A Governor requesting a waiver
under subparagraph (A) shall submit a plan to
the Secretary to improve the statewide
workforce development system that--
(i) identifies the statutory or
regulatory requirements that are
requested to be waived and the goals
that the State or local area in the
State, as appropriate, intends to
achieve as a result of the waiver;
(ii) describes the actions that the
State or local area, as appropriate,
has undertaken to remove State or local
statutory or regulatory barriers;
(iii) describes the goals of the
waiver and the expected programmatic
outcomes if the request is granted;
(iv) describes the individuals
impacted by the waiver; and
(v) describes the process used to
monitor the progress in implementing
such a waiver, and the process by which
notice and, in the case of a waiver for
a local area, an opportunity to comment
on such request has been provided to
the local board for the local area for
which the waiver is requested.
(C) Conditions.--Not later than 90 days after
the date of the original submission of a
request for a waiver under subparagraph (A),
the Secretary shall provide a waiver under this
subsection if and only to the extent that--
(i) the Secretary determines that the
requirements requested to be waived
impede the ability of the State or
local area, as appropriate, to
implement the plan described in
subparagraph (B); and
(ii) the State has executed a
memorandum of understanding with the
Secretary requiring such State to meet,
or ensure that the local area for which
the waiver is requested meets, agreed-
upon outcomes and to implement other
appropriate measures to ensure
accountability.
(D) Expedited determination regarding
provision of waivers.--If the Secretary has
approved a waiver of statutory or regulatory
requirements for a State or local area pursuant
to this subsection, the Secretary shall
expedite the determination regarding the
provision of that waiver, for another State or
local area if such waiver is in accordance with
the approved State or local plan, as
appropriate.
[SEC. 190. WORKFORCE FLEXIBILITY PLANS.
[(a) Plans.--A State may submit to the Secretary, and the
Secretary may approve, a workforce flexibility plan under which
the State is authorized to waive, in accordance with the plan--
[(1) any of the statutory or regulatory requirements
applicable under this title to local areas, pursuant to
applications for such waivers from the local areas,
except for requirements relating to the basic purposes
of this title, wage and labor standards, grievance
procedures and judicial review, nondiscrimination,
eligibility of participants, allocation of funds to
local areas, establishment and functions of local areas
and local boards, procedures for review and approval of
local plans, and worker rights, participation, and
protection;
[(2) any of the statutory or regulatory requirements
applicable under sections 8 through 10 of the Wagner-
Peyser Act (29 U.S.C. 49g through 49i) to the State
(excluding requirements relating to the provision of
services to unemployment insurance claimants and
veterans, and requirements relating to universal access
to basic labor exchange services without cost to
jobseekers); and
[(3) any of the statutory or regulatory requirements
applicable under the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.) to State agencies on aging with
respect to activities carried out using funds allotted
under section 506(b) of such Act (42 U.S.C. 3056d(b)),
except for requirements relating to the basic purposes
of such Act, wage and labor standards, eligibility of
participants in the activities, and standards for grant
agreements.
[(b) Content of Plans.--A workforce flexibility plan
implemented by a State under subsection (a) shall include
descriptions of--
[(1)(A) the process by which local areas in the State
may submit and obtain approval by the State of
applications for waivers of requirements applicable
under this title; and
[(B) the requirements described in subparagraph (A)
that are likely to be waived by the State under the
plan;
[(2) the requirements applicable under sections 8
through 10 of the Wagner-Peyser Act that are proposed
to be waived, if any;
[(3) the requirements applicable under the Older
Americans Act of 1965 that are proposed to be waived,
if any;
[(4) the outcomes to be achieved by the waivers
described in paragraphs (1) through (3); and
[(5) other measures to be taken to ensure appropriate
accountability for Federal funds in connection with the
waivers.
[(c) Periods.--The Secretary may approve a workforce
flexibility plan for a period of not more than 5 years.
[(d) Opportunity for Public Comments.--Prior to submitting a
workforce flexibility plan to the Secretary for approval, the
State shall provide to all interested parties and to the
general public adequate notice of and a reasonable opportunity
for comment on the waiver requests proposed to be implemented
pursuant to such plan.]
SEC. 190. STATE INNOVATION DEMONSTRATION AUTHORITY.
(a) Purpose.--The purpose of this section is to--
(1) authorize States to apply under this section, in
the case of an eligible State, on behalf of the entire
State, or for any State, on behalf of a local area or a
consortium of local areas in the State, to receive the
allotments or allocations of the State or the local
areas, respectively, for youth workforce investment
activities and adult and dislocated worker employment
and training activities under this Act, as a
consolidated grant for 5 years for the purpose of
carrying out a demonstration project to pursue
innovative reforms to achieve better outcomes for
jobseekers, employers, and taxpayers; and
(2) require that rigorous evaluations be conducted to
demonstrate if better outcomes and associated
innovative reforms were achieved as a result of such
demonstration projects.
(b) General Authority.--
(1) Waivers and demonstration grant amounts.--
Notwithstanding any other provision of law, during the
demonstration period applicable to a demonstration
project approved for a State pursuant to subsection
(d)(3), the Secretary shall comply with each of the
following:
(A) Waivers.--Subject to paragraph (2), waive
for the State as a whole, or for the local area
or the consortium of local areas in such State
selected by the State to carry out such
demonstration project, all the statutory and
regulatory requirements of subtitle A and
subtitle B.
(B) Demonstration grant amounts.--For each
fiscal year applicable to such demonstration
period:
(i) State as a whole.--In a case of a
State approved to carry out a
demonstration project under this
section on behalf of the State as a
whole, distribute as a consolidated sum
to the State, for purposes of carrying
out the project, the State's total
allotment for such fiscal year under--
(I) subsections (b)(1)(C) and
subsection (c) of section 127;
and
(II) paragraphs (1)(B) and
(2)(B) of section 132(b); and
(III) section 132(c).
(ii) Local area.--In a case of a
local area selected by a State to carry
out a demonstration project under this
section, require the State to--
(I) distribute as a
consolidated sum to the local
board for such local area, for
purposes of carrying out the
project, the local area's
allocation for such fiscal year
under--
(aa) subsections (b)
and (c) of section 128;
and
(bb) subsections (b)
and (c) of section 133;
or
(II) if the local board of
the local area enters into a
written agreement with the
State for the State to serve as
the fiscal agent for the local
board during the demonstration
project, use the funds
described in subclause (I) for
purposes of carrying out the
project on behalf of the local
board.
(iii) Consortium of local areas.--In
a case of a consortium of local areas
selected by a State to carry out a
demonstration project under this
section, require the State to--
(I) distribute as a
consolidated sum to the
consortium, for purposes of
carrying out the project, the
total amount of the allocations
for the local areas in such
consortium for such fiscal year
under--
(aa) subsections (b)
and (c) of section 128;
and
(bb) subsections (b)
and (c) of section 133;
or
(II) if the consortium enters
into a written agreement with
the State for the State to
serve as the fiscal agent for
the consortium during the
demonstration project, use the
funds described in subclause
(I) for purposes of carrying
out the project on behalf of
such consortium.
(2) Exceptions.--
(A) In general.--A State, local area, or
consortium of local areas carrying out a
demonstration project under this section shall
comply with statutory or regulatory
requirements of this Act relating to--
(i) performance accountability and
reporting, except as otherwise provided
in this section;
(ii) the membership of local or State
boards in instances where a State
carrying out a demonstration project
will maintain the use of such boards
during the demonstration period; and
(iii) the priority of service
described in section 134(c)(3)(E).
(B) Applicability of defined terms.--In
carrying out a demonstration project under this
section, a State, local area, or consortium of
local areas may only use a term defined in
section 3 to describe an activity carried out
under such demonstration project if the State,
local area, or consortium of local areas gives
such term the same meaning as such term is
given under such section.
(3) Authority for third-party evaluation.--
(A) In general.--Not later than 180 days
after the issuance of the first demonstration
project awarded under this section, the
Secretary shall contract with a third-party
evaluator to conduct a rigorous evaluation of
each demonstration project for each State,
local area, or consortium of local areas
awarded a demonstration project. 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 the demonstration project 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 conducted on such project.
(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 meets its expected levels of
performance established under subsection (f)(1)
for each of the final 3 years of the preceding
5-year period and achieves a performance
improvement of not less than an average of a 5-
percent increase across all of the primary
indicators of performance on the final year of
the preceding 5-year period compared with the
expected levels of performance.
(2) Limitations.--
(A) Demonstration period limitations.--For
each 5-year demonstration period (including
renewals of such period) the Secretary may not
award--
(i) more than 4 demonstration
projects to eligible States for the
State as a whole under this section;
and
(ii) more than 6 demonstration
projects to local areas (or consortia
of local areas) for a local area (or a
consortium) under this section.
(B) State limitations.--No more than 1
demonstration project may be approved under
this section per State. For purposes of this
paragraph, a demonstration project approved for
a local area or a consortium of local areas in
a State shall be considered a demonstration
project approved under this section for the
State.
(3) Eligible states.--The Secretary may not approve a
statewide demonstration project under subsection
(b)(1)(B)(i) to a State 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 a labor force participation
rate that is less than 60 percent for the most
recent program year and a population of less
than 6,000,000, as determined by the most
recent data released by the Census Bureau.
(d) Application.--
(1) In general.--To be eligible to carry out a
demonstration project under this section, a State shall
submit to the Secretary an application at such time and
in such manner as the Secretary may reasonably require,
and containing the information described in paragraph
(2).
(2) Content.--Each application submitted by a State
under this subsection shall include the following:
(A) A description of the demonstration
project to be carried out under this section,
including--
(i) whether the project will be
carried out--
(I) by the State as a whole;
(II) by a local area, and if
so--
(aa) an
identification of--
(AA) such
local area;
(BB) whether
the local board
for such local
area is the
fiscal agent
for the
project, or
whether the
local board has
entered into a
written
agreement with
the State for
the State to
serve as the
fiscal agent
during the
project; and
(bb) written
verification from the
local board for such
local area that such
local board agrees--
(AA) to carry
out such
project; and
(BB) to the
fiscal agent
identified in
item (aa)(BB);
and
(III) by a consortium of
local areas in the State, and
if so--
(aa) an
identification of--
(AA) each
local area that
comprises the
consortium; and
(BB) the
local area that
will serve as
the fiscal
agent for the
consortium
during the
project, or
whether the
consortium has
entered into a
written
agreement with
the State for
the State to
serve as the
fiscal agent;
and
(bb) written
verification from each
local board of each
local area identified
in item (aa)(AA) that
such local board
agrees--
(AA) to carry
out such
project as a
consortium; and
(BB) to the
fiscal agent
for the
consortium
identified in
item (aa)(BB);
(ii) a description of the activities
to be carried out under the project;
and
(iii) the goals the State, local
area, or consortium intends to achieve
through such activities, which shall be
aligned with purpose described in
subsection (a).
(B) A description of the performance outcomes
the State, the local area, or consortium
expects to achieve for such activities for each
year of the demonstration period as described
in subsection (f)(1).
(C) A description of how the State, local
area, or consortium consulted with employers,
the State board, and the local boards in the
State in determining the activities to carry
out under the demonstration project.
(D) A description of how the State will make
such activities available to jobseekers and
employers in each of the local areas in the
State or, in a case of a project that will be
carried out by a local area or a consortium, a
description of how such services will be made
available to jobseekers and employers in such
local area or each of the local areas in the
consortium.
(E) A description, if appropriate, of how the
State, local area, or consortium will integrate
the funds received, and the activities carried
out, under the demonstration project under this
section with State workforce development
programs and other Federal, State, or local
workforce, education, or social service
programs (including the programs and activities
listed in section 103(a)(2), the program of
adult education and literacy activities
authorized under title II, and the program
authorized under title I of the Rehabilitation
Act of 1973 (29 U.S.C. 720 et seq.)).
(F) An assurance that the State, local area,
or consortium will meet the requirements of
this section.
(3) Secretarial approval.--
(A) In general.--Not later than 60 days after
the date on which a State submits an
application under this subsection, the
Secretary shall--
(i) in a case in which the
application meets the requirements of
this section and is not subject to the
limitations described in subsection
(c)(2), approve such application and
the demonstration project described in
such application; or
(ii) provide to the State a written
explanation of initial disapproval that
meets the requirements of subparagraph
(C).
(B) Default approval.--With respect to an
application submitted by a State under this
subsection that is not subject to the
limitations described in subsection (c), if the
Secretary fails to approve such application or
provide an explanation of initial disapproval
for such application as required under
subparagraph (A), the application and the
demonstration project described in such
application shall be deemed approved by the
Secretary.
(C) Initial disapproval.--An explanation of
initial disapproval provided by the Secretary
to a State under subparagraph (A)(ii) shall
provide the State--
(i) a detailed explanation of why the
application does not meet the
requirements of this section; and
(ii) if the State is not subject to
the limitations described in subsection
(c), an opportunity to revise and
resubmit the State's application under
this section.
(e) State Demonstration Project Requirements.--A State, local
area, or consortium that has been approved to carry out a
demonstration project under this section shall meet each of the
following requirements:
(1) Use of funds.--Use the funds received pursuant to
subsection (b)(1)(B) solely to carry out the activities
of the demonstration project to achieve the goals
described in subsection (d)(2)(A).
(2) Administrative costs limitation.--Use not more
than 10 percent of the funds received pursuant to
subsection (b)(1)(B) for a fiscal year for the
administrative costs of carrying out the demonstration
project.
(3) Priority for services.--Give priority for
services under the project to veterans and their
eligible spouses in accordance with the requirements of
section 4215 of title 38, United States Code,
recipients of public assistance, low-income
individuals, and individuals who have foundational
skills needs.
(4) Number of participants.--Serve a number of
participants under the activities of the demonstration
project for each year of the demonstration period
that--
(A) is greater than the number of
participants served by such State, local area,
or consortium under the programs described in
subparagraphs (A) and (C) of section 3(13) for
the most recent program year that ended prior
to the beginning of the first year of the
demonstration period; or
(B) is not less than the number of
participants to be served under the activities
of the demonstration project that is agreed
upon between the State, local area, or
consortium, and the Secretary--
(i) prior to the Secretary's approval
of the application submitted under
subsection (d); 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 section 3(13)
for the most recent program year that
ended prior to the beginning of the
first year of the demonstration period;
or
(ii) an alternate baseline level of
performance that is agreed upon between
the State 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) 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
subparagraphs (A) and (C) of section 3(13)
shall not be included in the levels of
performance for such State for any of such
programs for purposes of section 116 for any
program year that is applicable to any year of
the demonstration period; and
(B) with respect to any local areas of the
State that are not part of the demonstration
project, the State shall reach a new agreement
with the Secretary, for purposes of section
116(b)(3)(A), on levels of performance for such
programs for such program years.
(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. 202. PURPOSE.
It is the purpose of this title to create a partnership among
the Federal Government, States, and localities to provide, on a
voluntary basis, adult education and literacy activities, in
order to--
(1) assist adults to become literate and obtain the
knowledge and skills (including digital literacy
skills) necessary for employment and economic self-
sufficiency;
(2) assist adults who are parents or family members
to obtain the education and skills that--
(A) are necessary to becoming full partners
in the educational development of their
children; and
(B) lead to sustainable improvements in the
economic opportunities for their family;
(3) assist adults in attaining a secondary school
diploma and in the transition to postsecondary
education and training, including through career
pathways; and
(4) assist immigrants and other individuals who are
[English language learners] English learners in--
(A) improving their--
(i) reading, writing, speaking, and
comprehension skills in English; and
(ii) mathematics skills; and
(B) acquiring an understanding of the
American system of Government, individual
freedom, and the responsibilities of
citizenship.
SEC. 203. DEFINITIONS.
In this title:
(1) Adult education.--The term ``adult education''
means academic instruction and education services below
the postsecondary level that increase an individual's
ability to--
(A) read, write, listen, and speak in English
and perform mathematics or other activities
necessary for the attainment of a secondary
school diploma or its recognized equivalent;
(B) transition to postsecondary education and
training; [and]
(C) develop and use digital literacy skills;
and
[(C)] (D) obtain employment.
(2) Adult education and literacy activities.--The
term ``adult education and literacy activities'' means
programs, activities, and services that include adult
education, literacy, workplace adult education and
literacy activities, family literacy activities,
English language acquisition activities, integrated
English literacy and civics education, workforce
preparation activities, or integrated education and
training.
(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.
[(3)] (4) Eligible agency.--The term ``eligible
agency'' means the sole entity or agency in a State or
an outlying area responsible for administering or
supervising policy for adult education and literacy
activities in the State or outlying area, respectively,
consistent with the law of the State or outlying area,
respectively.
[(4)] (5) Eligible individual.--The term ``eligible
individual'' means an individual--
(A) who has attained 16 years of age;
(B) who is not enrolled or required to be
enrolled in secondary school under State law;
and
(C) who--
[(i) is basic skills deficient;]
(i) has foundational skills needs;
(ii) does not have a secondary school
diploma or its recognized equivalent,
and has not achieved an equivalent
level of education; or
(iii) is an [English language
learner] English learner.
[(5)] (6) Eligible provider.--The term ``eligible
provider'' means an organization that has demonstrated
effectiveness in providing adult education and literacy
activities that may include--
(A) a local educational agency;
(B) a community-based organization or faith-
based organization;
(C) a volunteer literacy organization;
(D) an institution of higher education;
(E) a public or private nonprofit agency;
(F) a library;
(G) a public housing authority;
(H) a nonprofit institution that is not
described in any of subparagraphs (A) through
(G) and has the ability to provide adult
education and literacy activities to eligible
individuals;
(I) a consortium or coalition of the
agencies, organizations, institutions,
libraries, or authorities described in any of
subparagraphs (A) through (H); and
(J) a partnership between an employer and an
entity described in any of subparagraphs (A)
through (I).
[(6)] (7) English language acquisition program.--The
term ``English language acquisition program'' means a
program of instruction--
(A) designed to help eligible individuals who
are [English language learners] English
learners achieve competence in reading,
writing, speaking, and comprehension of the
English language; and
(B) that leads to--
(i)(I) attainment of a secondary
school diploma or its recognized
equivalent; and
(II) transition to postsecondary
education and training; or
(ii) employment.
[(7)] (8) English [language] learner.--The term
``[English language learner] English learner'' when
used with respect to an eligible individual, means an
eligible individual who has limited ability in reading,
writing, speaking, or comprehending the English
language, and--
(A) whose native language is a language other
than English; or
(B) who lives in a family or community
environment where a language other than English
is the dominant language.
[(8)] (9) Essential components of reading
instruction.--The term ``essential components of
reading instruction'' means explicit and systematic
instruction in--
(A) phonemic awareness;
(B) phonics;
(C) vocabulary development;
(D) reading fluency, including oral reading
skills; and
(E) reading comprehension strategies.
[(9)] (10) Family literacy activities.--The term
``family literacy activities'' means activities that
are of sufficient intensity and quality, to make
sustainable improvements in the economic and
educational prospects for a family and that better
enable parents or family members to support their
children's learning needs, and that integrate all of
the following activities:
(A) Parent or family adult education and
literacy activities that lead to readiness for
postsecondary education or training, career
advancement, and economic self-sufficiency.
(B) Interactive literacy activities between
parents or family members and their children.
(C) Training for parents or family members
regarding how to be the primary teacher for
their children and full partners in the
education of their children.
(D) An age-appropriate education to prepare
children for success in school and life
experiences.
[(10)] (11) Institution of higher education.--The
term ``institution of higher education'' has the
meaning given the term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
[(11)] (12) Integrated education and training.--The
term ``integrated education and training'' means a
service approach that provides adult education and
literacy activities concurrently and contextually with
workforce preparation activities and workforce training
for a specific occupation or occupational cluster for
the purpose of educational and career advancement.
[(12)] (13) Integrated english literacy and civics
education.--The term ``integrated English literacy and
civics education'' means education services provided to
[English language learners] English learners who are
adults, including professionals with degrees and
credentials in their native countries, that enables
such adults to achieve competency in the English
language and acquire the basic and more advanced skills
needed to function effectively as parents, workers, and
citizens in the United States. Such services shall
include instruction in literacy and English language
acquisition and instruction on the rights and
responsibilities of citizenship and civic
participation, and may include [workforce training]
skills development, preparation for postsecondary
education or employment, and financial literacy
instruction.
[(13)] (14) Literacy.--The term ``literacy'' means an
individual's ability to read, write, and speak in
English, compute, [and solve] solve problems, and use
digital technology, at levels of proficiency necessary
to function on the job, in the family of the
individual, and in society.
[(14)] (15) Postsecondary educational institution.--
The term ``postsecondary educational institution''
means--
(A) an institution of higher education that
provides not less than a 2-year program of
instruction that is acceptable for credit
toward a bachelor's degree;
(B) a tribally controlled college or
university; or
(C) a nonprofit educational institution
offering certificate or apprenticeship programs
at the postsecondary level.
[(15)] (16) Secretary.--The term ``Secretary'' means
the Secretary of Education.
[(16)] (17) Workplace adult education and literacy
activities.--The term ``workplace adult education and
literacy activities'' means adult education and
literacy activities offered by an eligible provider in
collaboration with an employer or employee organization
at a workplace or an off-site location that is designed
to improve the productivity of the workforce.
[(17)] (18) Workforce preparation activities.--The
term ``workforce preparation activities'' means
activities, programs, or services designed to help an
individual acquire a combination of basic academic
skills, critical thinking skills, digital literacy
skills, and self-management skills, including
competencies in utilizing resources, using information,
working with others, understanding systems, and
obtaining skills necessary for successful transition
into and completion of postsecondary education or
training, or employment.
* * * * * * *
[SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
title $577,667,000 for fiscal year 2015, $622,286,000 for
fiscal year 2016, $635,198,000 for fiscal year 2017,
$649,287,000 for fiscal year 2018, $664,552,000 for fiscal year
2019, and $678,640,000 for fiscal year 2020.]
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.
Subtitle A--Federal Provisions
SEC. 211. RESERVATION OF FUNDS; GRANTS TO ELIGIBLE AGENCIES;
ALLOTMENTS.
(a) Reservation of funds.--From the sum appropriated under
section 206 for a fiscal year, the Secretary--
(1) shall reserve 2 percent to carry out section 242,
except that the amount so reserved shall not exceed
$15,000,000; and
(2) shall reserve 12 percent of the amount that
remains after reserving funds under paragraph (1) to
carry out section 243.
(b) Grants to Eligible Agencies.--
(1) In general.--From the sum appropriated under
section 206 and not reserved under subsection (a) for a
fiscal year, the Secretary shall award a grant to each
eligible agency having a unified State plan approved
under section 102 or a combined State plan approved
under section 103 in an amount equal to the sum of the
initial allotment under subsection (c)(1) and the
additional allotment under subsection (c)(2) for the
eligible agency for the fiscal year, subject to
subsections (f) and (g), to enable the eligible agency
to carry out the activities assisted under this title.
(2) Purpose of grants.--The Secretary may award a
grant under paragraph (1) only if the eligible entity
involved agrees to expend the grant for adult education
and literacy activities in accordance with the
provisions of this title.
(c) Allotments.--
(1) Initial allotments.--From the sum appropriated
under section 206 and not reserved under subsection (a)
for a fiscal year, the Secretary shall allot to each
eligible agency having a unified State plan approved
under section 102 or a combined State plan approved
under section 103--
(A) $100,000, in the case of an eligible
agency serving an outlying area; and
(B) $250,000, in the case of any other
eligible agency.
(2) Additional allotments.--From the sum appropriated
under section 206, not reserved under subsection (a),
and not allotted under paragraph (1), for a fiscal
year, the Secretary shall allot to each eligible agency
that receives an initial allotment under paragraph (1)
an additional amount that bears the same relationship
to such sum as the number of qualifying adults in the
State or outlying area served by the eligible agency
bears to the number of such adults in all States and
outlying areas.
(d) Qualifying Adult.--For the purpose of subsection (c)(2),
the term ``qualifying adult'' means an adult who--
(1) is at least 16 years of age;
(2) is beyond the age of compulsory school attendance
under the law of the State or outlying area;
(3) does not have a secondary school diploma or its
recognized equivalent; and
(4) is not enrolled in secondary school.
(e) Special rule.--
(1) In general.--From amounts made available under
subsection (c) for the Republic of Palau, the Secretary
shall award grants to Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, or the
Republic of Palau to carry out activities described in
this title in accordance with the provisions of this
title, as determined by the Secretary.
(2) Award basis.--The Secretary shall award grants
pursuant to paragraph (1) on a competitive basis and
pursuant to the recommendations from the Pacific Region
Educational Laboratory in Honolulu, Hawaii.
(3) Termination of eligibility.--Notwithstanding any
other provision of law, the Republic of Palau shall be
eligible to receive a grant under this title except
during the [period described in section 3(45)] period
described in subparagraph (B) of the definition of the
term ``outlying area'' in section 3.
(4) Administrative costs.--The Secretary may provide
not more than 5 percent of the funds made available for
grants under this subsection to pay the administrative
costs of the Pacific Region Educational Laboratory
regarding activities assisted under this subsection.
(f) Hold-harmless Provisions.--
(1) In general.--Notwithstanding subsection (c), for
fiscal year 2015 and each succeeding fiscal year, no
eligible agency shall receive an allotment under this
section that is less than 90 percent of the allotment
the eligible agency received for the preceding fiscal
year under this section.
(2) Ratable reduction.--If for any fiscal year the
amount available for allotment under this title is
insufficient to satisfy the provisions of paragraph (1)
the Secretary shall ratably reduce the payments to all
eligible agencies, as necessary.
(g) Reallotment.--The portion of any eligible agency's
allotment under this title for a fiscal year that the Secretary
determines will not be required for the period such allotment
is available for carrying out activities under this title,
shall be available for reallotment from time to time, on such
dates during such period as the Secretary shall fix, to other
eligible agencies in proportion to the original allotments to
such agencies under this title for such year.
SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM.
Programs and activities authorized in this title are subject
to the performance accountability provisions described in
[section 116.] 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.
Subtitle B--State Provisions
* * * * * * *
SEC. 222. STATE DISTRIBUTION OF FUNDS; MATCHING REQUIREMENT.
(a) State Distribution of Funds.--Each eligible agency
receiving a grant under section 211(b) for a fiscal year--
(1) shall use not less than 82.5 percent of the grant
funds to award grants and contracts under section 231
and to carry out section 225, of which not more than 20
percent of such amount shall be available to carry out
section 225;
(2) shall use not more than 12.5 percent of the grant
funds to carry out State leadership activities under
section 223; and
(3) shall use not more than 5 percent of the grant
funds, or $85,000, whichever is greater, for the
administrative expenses of the eligible agency.
(b) Matching Requirement.--
(1) In general.--In order to receive a grant from the
Secretary under section 211(b) each eligible agency
shall provide, for the costs to be incurred by the
eligible agency in carrying out the adult education and
literacy activities for which the grant is awarded, a
non-Federal contribution in an amount that is not less
than--
(A) in the case of an eligible agency serving
an outlying area, 12 percent of the total
amount of funds expended for adult education
and literacy activities in the outlying area,
except that the Secretary may decrease the
amount of funds required under this
subparagraph for an eligible agency; and
(B) in the case of an eligible agency serving
a State, 25 percent of the total amount of
funds expended for adult education and literacy
activities in the State.
(2) Non-federal contribution.--An eligible agency's
non-Federal contribution required under paragraph (1)
may be provided in cash or in kind, fairly evaluated,
and shall include only non-Federal funds that are used
for adult education and literacy activities in a manner
that is consistent with the purpose of this title.
(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. 223. STATE LEADERSHIP ACTIVITIES.
(a) Activities.--
(1) Required.--Each eligible agency shall use funds
made available under section 222(a)(2) for the
following adult education and literacy activities to
develop or enhance the adult education system of the
State or outlying area:
(A) The alignment of adult education and
literacy activities with other core programs
and one-stop partners, including eligible
providers, to implement the strategy identified
in the unified State plan under section 102 or
the combined State plan under section 103,
including the development of career pathways to
provide access to employment and training
services for individuals in adult education and
literacy [activities.] 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) The establishment or operation of high
quality professional development programs to
improve the instruction provided pursuant to
local activities required under section 231(b),
including instruction incorporating the
essential components of reading instruction as
such components relate to adults, instruction
related to the specific needs of adult
learners, instruction provided by volunteers or
by personnel of a State or outlying area, and
dissemination of information about models and
promising practices related to such programs.
(C) The provision of technical assistance to
eligible providers of adult education and
literacy activities receiving funds under this
title, including--
(i) the development and dissemination
of instructional and programmatic
practices based on the most rigorous or
scientifically valid research available
and appropriate, in reading, writing,
speaking, mathematics, English language
acquisition programs, distance
education, and staff training;
(ii) the role of eligible providers
as a one-stop partner to provide access
to employment, education, and training
services; [and]
(iii) assistance in the use of
technology, including for staff
training, to eligible providers,
especially the use of technology to
improve system efficiencies[.]; and
(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).
(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.
[(D)] (F) The monitoring and evaluation of
the quality of, and the improvement in, adult
education and literacy activities and the
dissemination of information about models and
proven or promising practices within the State.
(2) Permissible activities.--Each eligible agency may
use funds made available under section 222(a)(2) for 1
or more of the following adult education and literacy
activities:
(A) The support of State or regional networks
of literacy resource centers.
(B) The development and implementation of
technology applications, translation
technology, or distance education, including
professional development to support the use of
instructional technology.
(C) Developing and disseminating curricula,
including curricula incorporating the essential
components of reading instruction as such
components relate to adults.
(D) Developing content and models for
integrated education and training and career
pathways.
(E) The provision of assistance to eligible
providers in developing and implementing
programs that achieve the objectives of this
title and in measuring the progress of those
programs in achieving such objectives,
including meeting the State adjusted levels of
performance described in section 116(b)(3).
(F) The development and implementation of a
system to assist in the transition from adult
education to postsecondary education, including
linkages with postsecondary educational
institutions or institutions of higher
education.
(G) Integration of literacy and English
language instruction with occupational skill
training, including promoting linkages with
employers.
(H) Activities to promote workplace adult
education and literacy activities.
(I) Identifying curriculum frameworks and
aligning rigorous content standards that--
(i) specify what adult learners
should know and be able to do in the
areas of reading and language arts,
[mathematics, and English] mathematics,
English language [acquisition;]
acquisition, and digital literacy
skills; and
(ii) take into consideration the
following:
(I) State adopted academic
standards.
(II) The current adult skills
and literacy assessments used
in the State or outlying area.
(III) The primary indicators
of performance described in
section 116.
(IV) Standards and academic
requirements for enrollment in
nonremedial, for-credit courses
in postsecondary educational
institutions or institutions of
higher education supported by
the State or outlying area.
(V) Where appropriate, the
content of occupational and
industry skill standards widely
used by business and industry
in the State or outlying area.
(J) Developing and piloting of strategies for
improving teacher quality and [retention.]
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.
(K) The development and implementation of
programs and services to meet the needs of
adult learners with learning disabilities or
[English language learners,] English learners,
which may include new and promising assessment
tools and strategies that are based on
scientifically valid research, where
appropriate, and identify the needs and capture
the gains of such students at the lowest
achievement levels.
(L) Outreach to instructors, students, and
employers.
(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.
[(M)] (P) Other activities of statewide
significance that promote the purpose of this
title.
(b) Collaboration.--In carrying out this section, eligible
agencies shall collaborate where possible, and avoid
duplicating efforts, in order to maximize the impact of the
activities described in subsection (a).
(c) State-imposed Requirements.--Whenever a State or outlying
area implements any rule or policy relating to the
administration or operation of a program authorized under this
title that has the effect of imposing a requirement that is not
imposed under Federal law (including any rule or policy based
on a State or outlying area interpretation of a Federal
statute, regulation, or guideline), the State or outlying area
shall identify, to eligible providers, the rule or policy as
being imposed by the State or outlying area.
* * * * * * *
SEC. 225. PROGRAMS FOR CORRECTIONS EDUCATION AND OTHER
INSTITUTIONALIZED INDIVIDUALS.
(a) Program Authorized.--From funds made available under
section 222(a)(1) for a fiscal year, each eligible agency shall
carry out corrections education and education for other
institutionalized individuals.
(b) Uses of Funds.--The funds described in subsection (a)
shall be used for the cost of educational programs for criminal
offenders in correctional institutions and for other
institutionalized individuals, including academic programs
for--
(1) adult education and literacy activities;
(2) special education, as determined by the eligible
agency;
(3) secondary school credit;
(4) integrated education and training;
(5) career pathways;
(6) concurrent enrollment;
(7) peer tutoring; and
(8) transition to re-entry initiatives and other
postrelease services with the goal of reducing
recidivism.
(c) Priority.--Each eligible agency that is using assistance
provided under this section to carry out a program for criminal
offenders within a correctional institution shall give priority
to serving individuals who are likely to leave the correctional
institution within 5 years of participation in the program.
(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.
[(d)] (e) Report.--In addition to any report required under
section 116, each eligible agency that receives assistance
provided under this section shall annually prepare and submit
to the Secretary a report on the progress, as described in
section 116, of the eligible agency with respect to the
programs and activities carried out under this section,
including the relative rate of recidivism for the criminal
offenders served.
[(e)] (f) Definitions.--In this section:
(1) Correctional institution.--The term
``correctional institution'' means any--
(A) prison;
(B) jail;
(C) reformatory;
(D) work farm;
(E) detention center; or
(F) halfway house, community-based
rehabilitation center, or any other similar
institution designed for the confinement or
rehabilitation of criminal offenders.
(2) Criminal offender.--The term ``criminal
offender'' means any individual who is charged with or
convicted of any criminal offense.
Subtitle C--Local Provisions
SEC. 231. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.
(a) Grants and Contracts.--From grant funds made available
under section 222(a)(1), each eligible agency shall award
multiyear grants or contracts, on a competitive basis, to
eligible providers within the State or outlying area to enable
the eligible providers to develop, implement, and improve adult
education and literacy activities within the State.
(b) Required Local Activities.--The eligible agency shall
require that each eligible provider receiving a grant or
contract under subsection (a) use the grant or contract to
establish or operate programs that provide adult education and
literacy activities, including programs that provide such
activities concurrently.
(c) Direct and Equitable Access; Same Process.--Each eligible
agency receiving funds under this title shall ensure that--
(1) all eligible providers have direct and equitable
access to apply and compete for grants or contracts
under this section; and
(2) the same grant or contract announcement process
and application process is used for all eligible
providers in the State or outlying area.
(d) Special rule.--Each eligible agency awarding a grant or
contract under this section shall not use any funds made
available under this title for adult education and literacy
activities for the purpose of supporting or providing programs,
services, or activities for individuals who are not individuals
described in subparagraphs (A) and (B) of section 203(4),
except that such agency may use such funds for such purpose if
such programs, services, or activities are related to family
literacy activities. In providing family literacy activities
under this title, an eligible provider shall attempt to
coordinate with programs and services that are not assisted
under this title prior to using funds for adult education and
literacy activities under this title for activities other than
activities for eligible individuals.
(e) Considerations.--In awarding grants or contracts under
this section, the eligible agency shall consider--
(1) the degree to which the eligible provider would
be responsive to--
(A) regional needs as identified in the local
plan under section 108; and
(B) serving individuals in the community who
were identified in such plan as most in need of
adult education and literacy activities,
including individuals--
(i) who have low levels of literacy
skills; or
(ii) who are [English language
learners] English learners;
(2) the ability of the eligible provider to serve
eligible individuals with disabilities, including
eligible individuals with learning disabilities;
(3) past effectiveness of the eligible provider in
improving the literacy of eligible individuals, to meet
State-adjusted levels of performance for the primary
indicators of performance described in section 116,
especially with respect to eligible individuals who
have low levels of literacy;
(4) the extent to which the eligible provider
demonstrates alignment between proposed activities and
services and the strategy and goals of the local plan
under section 108, as well as the activities and
services of the one-stop partners;
(5) whether the eligible provider's program--
(A) is of sufficient intensity and quality,
and based on the most rigorous research
available so that participants achieve
substantial learning gains; [and]
(B) uses instructional practices that include
the essential components of reading
instruction; and
(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);
(6) whether the eligible provider's activities,
including whether reading, writing, [speaking,]
speaking and listening, mathematics, and English
language acquisition instruction delivered by the
eligible provider, are based on the best practices
derived from the most rigorous research available and
appropriate, including scientifically valid research
and effective educational practice, which may include
the application of the principles of universal design
for learning;
(7) whether the eligible provider's activities
effectively use technology, services, and delivery
systems, including distance education in a manner
sufficient to increase the amount and quality of
learning and how such technology, services, and systems
lead to improved performance;
(8) whether the eligible provider's activities
provide learning in context, including through
integrated education and training, so that an
individual acquires the skills needed to transition to
and complete postsecondary education and training
programs, obtain and advance in employment leading to
economic self-sufficiency, and to exercise the rights
and responsibilities of citizenship;
(9) whether the eligible provider's activities are
delivered by well-trained instructors, counselors, and
administrators who meet any minimum qualifications
established by the State, where applicable, and who
have access to high quality professional development,
including through electronic means;
(10) whether the eligible provider's activities
coordinate with other available education, training,
and social service resources in the community, such as
by establishing strong links with elementary schools
and secondary schools, postsecondary educational
institutions, institutions of higher education, local
workforce investment boards, one-stop centers, job
training programs, and social service agencies,
business, industry, labor organizations, community-
based organizations, nonprofit organizations, and
intermediaries, for the development of career pathways;
(11) whether the eligible provider's activities offer
flexible schedules and coordination with Federal,
State, and local support services (such as child care,
transportation, mental health services, and career
planning) that are necessary to enable individuals,
including individuals with disabilities or other
special needs, to attend and complete programs;
(12) whether the eligible provider maintains a high-
quality information management system that has the
capacity to report measurable participant outcomes
(consistent with section 116) and to monitor program
performance; and
(13) whether the local areas in which the eligible
provider is located have a demonstrated need for
additional English language acquisition programs and
civics education programs.
(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. 232. LOCAL APPLICATION.
Each eligible provider desiring a grant or contract from an
eligible agency shall submit an application to the eligible
agency containing such information and assurances as the
eligible agency may require, including--
(1) a description of how funds awarded under this
title will be spent consistent with the requirements of
this title;
(2) a description of any cooperative arrangements the
eligible provider has with other agencies,
institutions, or organizations for the delivery of
adult education and literacy activities;
(3) a description of how the eligible provider will
provide services in alignment with the local plan under
section 108, including how such provider will promote
concurrent enrollment in programs and activities under
title I, as appropriate;
(4) a description of how the eligible provider will
meet the State adjusted levels of performance described
in section 116(b)(3), including how such provider will
collect data and coordinate with the appropriate State
entity to report on such performance indicators;
(5) a description of how the eligible provider will
fulfill one-stop partner responsibilities as described
in section 121(b)(1)(A), as appropriate;
(6) a description of how the eligible provider will
provide services in a manner that meets the needs of
eligible individuals; [and]
(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
[(7)] (8) information that addresses the
considerations described under section 231(e), as
applicable.
SEC. 233. LOCAL ADMINISTRATIVE COST LIMITS.
(a) In general.--Subject to subsection (b), of the amount
that is made available under this title to an eligible
provider--
(1) not less than [95] 85 percent shall be expended
for carrying out adult education and literacy
activities; and
[(2) the remaining amount, not to exceed 5 percent,
shall be used for planning, administration (including
carrying out the requirements of section 116),
professional development, and the activities described
in paragraphs (3) and (5) of section 232.]
(2) of the remaining amount--
(A) not more than 10 percent may be used for
professional development for adult educators;
and
(B) not more than 5 percent shall be used for
planning, administration (including carrying
out the requirements of section 116),
professional development of administrative
staff, and the activities described in
paragraphs (3) and (5) of section 232.
(b) Special rule.--In cases where the cost limits described
in subsection (a) are too restrictive to allow for the
activities described in subsection (a)(2), the eligible
provider shall negotiate with the eligible agency in order to
determine an adequate level of funds to be used for
noninstructional purposes.
Subtitle D--General Provisions
* * * * * * *
SEC. 242. NATIONAL LEADERSHIP ACTIVITIES.
(a) In general.--The Secretary shall establish and carry out
a program of national leadership activities to enhance the
quality and outcomes of adult education and literacy activities
and programs nationwide.
(b) Required Activities.--The national leadership activities
described in subsection (a) shall include technical assistance,
including--
(1) assistance to help States meet the requirements
of section [116;] 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) upon request by a State, assistance provided to
eligible providers in using performance accountability
measures based on indicators described in section 116,
and data systems for the improvement of adult education
and literacy activities;
(3) carrying out rigorous research and evaluation on
effective adult education and literacy activities, as
well as estimating the number of adults functioning at
the lowest levels of literacy proficiency, which shall
be coordinated across relevant Federal agencies,
including the Institute of Education Sciences; and
(4) carrying out an independent evaluation at least
once every 4 years of the programs and activities under
this title, taking into consideration the evaluation
subjects referred to in section 169(a)(2).
(c) Allowable Activities.--The national leadership activities
described in subsection (a) may include the following:
(1) Technical assistance, including--
(A) assistance related to professional
development activities, and assistance for the
purposes of developing, improving, identifying,
and disseminating the most successful methods
and techniques for providing adult education
and literacy activities, based on
scientifically valid research where available;
(B) assistance in distance education and
promoting and improving the use of technology
in the classroom, including instruction in
English language acquisition for [English
language learners] English learners;
(C) assistance in the development and
dissemination of proven models for addressing
the digital literacy needs of adults, including
older adults; and
(D) supporting efforts aimed at strengthening
programs at the State and local levels, such as
technical assistance in program planning,
assessment, evaluation, and monitoring of
activities carried out under this title.
(2) Funding national leadership activities either
directly or through grants, contracts, or cooperative
agreements awarded on a competitive basis to or with
postsecondary educational institutions, institutions of
higher education, public or private organizations or
agencies (including public libraries), or consortia of
such institutions, organizations, or agencies, which
may include--
(A) developing, improving, and identifying
the most successful methods and techniques for
addressing the education needs of adults,
including instructional practices using the
essential components of reading instruction
based on the work of the National Institute of
Child Health and Human Development;
(B) supporting national, regional, or local
networks of private nonprofit organizations,
public libraries, or institutions of higher
education to strengthen the ability of such
networks' members to meet the performance
requirements described in section 116 of
eligible providers;
(C) increasing the effectiveness, and
improving the quality, of adult education and
literacy activities, which may include--
(i) carrying out rigorous research;
(ii) carrying out demonstration
programs;
(iii) accelerating learning outcomes
for eligible individuals with the
lowest literacy levels;
(iv) developing and promoting career
pathways for eligible individuals;
(v) promoting concurrent enrollment
programs in adult education and credit
bearing postsecondary coursework;
(vi) developing high-quality
professional development activities for
eligible providers; and
(vii) developing, replicating, and
disseminating information on best
practices and innovative programs, such
as--
(I) the identification of
effective strategies for
working with adults with
learning disabilities and with
adults who are [English
language learners] English
learners;
(II) integrated education and
training programs;
(III) workplace adult
education and literacy
activities; and
(IV) postsecondary education
and training transition
programs;
(D) providing for the conduct of an
independent evaluation and assessment of adult
education and literacy activities through
grants and contracts awarded on a competitive
basis, which shall include descriptions of--
(i) the effect of performance
accountability measures and other
measures of accountability on the
delivery of adult education and
literacy activities;
(ii) the extent to which the adult
education and literacy activities
increase the literacy skills of
eligible individuals, lead to
involvement in education and training,
enhance the employment and earnings of
such participants, and, if applicable,
lead to other positive outcomes, such
as success in re-entry and reductions
in recidivism in the case of prison-
based adult education and literacy
activities;
(iii) the extent to which the
provision of support services to
eligible individuals enrolled in adult
education and literacy activities
increase the rate of enrollment in, and
successful completion of, such
programs; and
(iv) the extent to which different
types of providers measurably improve
the skills of eligible individuals in
adult education and literacy
activities;
(E) collecting data, such as data regarding
the improvement of both local and State data
systems, through technical assistance and
development of model performance data
collection systems;
(F) determining how participation in adult
education and literacy activities prepares
eligible individuals for entry into
postsecondary education and employment and, in
the case of programs carried out in
correctional institutions, has an effect on
recidivism; [and]
(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
[(G)] (I) other activities designed to
enhance the quality of adult education and
literacy activities nationwide.
SEC. 243. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
(a) In general.--From funds made available under section
211(a)(2) for each fiscal year, the Secretary shall award
grants to States, from allotments under subsection (b), for
integrated English literacy and civics education, in
combination with integrated education and training activities.
(b) Allotment.--
(1) In general.--Subject to paragraph (2), from
amounts made available under section 211(a)(2) for a
fiscal year, the Secretary shall allocate--
(A) 65 percent to the States on the basis of
a State's need for integrated English literacy
and civics education, as determined by
calculating each State's share of a 10-year
average of the data of the Office of
Immigration Statistics of the Department of
Homeland Security for immigrants admitted for
legal permanent residence for the 10 most
recent years; and
(B) 35 percent to the States on the basis of
whether the State experienced growth, as
measured by the average of the 3 most recent
years for which the data of the Office of
Immigration Statistics of the Department of
Homeland Security for immigrants admitted for
legal permanent residence are available.
(2) Minimum.--No State shall receive an allotment
under paragraph (1) in an amount that is less than
$60,000.
(c) Goal.--Each program that receives funding under this
section shall be designed to--
(1) prepare adults who are [English language
learners] English learners for, and place such adults
in, unsubsidized employment in in-demand industries and
occupations that lead to economic self-sufficiency; and
(2) integrate with the local workforce development
system and its functions to carry out the activities of
the program.
(d) Report.--The Secretary shall prepare and 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 make available to the public, a
report on the activities carried out under this section.
* * * * * * *
TITLE V--GENERAL PROVISIONS
Subtitle A--Workforce Investment
* * * * * * *
[SEC. 503. TRANSITION PROVISIONS.
[(a) Workforce Development Systems and Investment
Activities.--The Secretary of Labor and the Secretary of
Education shall take such actions as the Secretaries determine
to be appropriate to provide for the orderly transition from
any authority under the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.) to any authority under subtitle A of title
I. Such actions shall include the provision of guidance related
to unified State planning, combined State planning, and the
performance accountability system described in such subtitle.
[(b) Workforce Investment Activities.--The Secretary of Labor
shall take such actions as the Secretary determines to be
appropriate to provide for the orderly transition from any
authority under the Workforce Investment Act of 1998 to any
authority under subtitles B through E of title I.
[(c) Adult Education and Literacy Programs.--The Secretary of
Education shall take such actions as the Secretary determines
to be appropriate to provide for the orderly transition from
any authority under the Adult Education and Family Literacy Act
(20 U.S.C. 9201 et seq.), as in effect on the day before the
date of enactment of this Act, to any authority under the Adult
Education and Family Literacy Act, as amended by this Act.
[(d) Employment Services Activities.--The Secretary of Labor
shall take such actions as the Secretary determines to be
appropriate to provide for the orderly transition from any
authority under the Wagner-Peyser Act (29 U.S.C. 49 et seq.),
as in effect on the day before the date of enactment of this
Act, to any authority under the Wagner-Peyser Act, as amended
by this Act.
[(e) Vocational Rehabilitation Programs.--The Secretary of
Education and the Secretary of Health and Human Services shall
take such actions as the Secretaries determine to be
appropriate to provide for the orderly transition from any
authority under the Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.), as in effect on the day before the date of enactment
of this Act, to any authority under the Rehabilitation Act of
1973, as amended by this Act.
[(f) Regulations.--
[(1) Proposed regulations.--Not later than 180 days
after the date of enactment of this Act, the Secretary
of Labor, the Secretary of Education, and the Secretary
of Health and Human Services, as appropriate, shall
develop and publish in the Federal Register proposed
regulations relating to the transition to, and
implementation of, this Act (including the amendments
made by this Act).
[(2) Final regulations.--Not later than 18 months
after the date of enactment of this Act, the
Secretaries described in paragraph (1), as appropriate,
shall develop and publish in the Federal Register final
regulations relating to the transition to, and
implementation of, this Act (including the amendments
made by this Act).
[(g) Expenditure of Funds During Transition.--
[(1) In general.--Subject to paragraph (2) and in
accordance with regulations developed under subsection
(f), States, grant recipients, administrative entities,
and other recipients of financial assistance under the
Workforce Investment Act of 1998 may expend funds
received under such Act in order to plan and implement
programs and activities authorized under this Act.
[(2) Additional requirements.--Not more than 2
percent of any allotment to any State from amounts
appropriated under the Workforce Investment Act of 1998
for fiscal year 2014 may be made available to carry out
activities authorized under paragraph (1) and not less
than 50 percent of any amount used to carry out
activities authorized under paragraph (1) shall be made
available to local entities for the purposes of the
activities described in such paragraph.]
* * * * * * *
----------
WAGNER-PEYSER ACT
* * * * * * *
Sec. 2. For purposes of this Act--
(1) the terms ``chief elected official'',
``institution of higher education'', ``one-stop
center'', ``one-stop partner'', ``training services'',
``workforce development activity'', and ``workplace
learning advisor'', have the meaning given the terms in
section 3 of the Workforce Innovation and Opportunity
Act;
(2) the term ``local workforce development board''
means a local workforce development board established
under section 107 of the Workforce Innovation and
Opportunity Act;
(3) the term ``one-stop delivery system'' means a
one-stop delivery system described in section 121(e) of
the Workforce Innovation and Opportunity Act;
(4) the term ``Secretary'' means the Secretary of
Labor;
(5) the term ``State'' means any of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, the Commonwealth of the Northern
Mariana Islands, American Samoa, and the Virgin
Islands; and
(6) the term ``employment service office'' means a
local office of a State agency; and
(7) except in section 15, the term ``State agency'',
used without further description, means an agency
designated or authorized under section 4.
* * * * * * *
Sec. 5. (a) There is authorized to be appropriated, out of
any money in the Treasury not otherwise appropriated, such
amounts from time to time as the Congress may deem necessary to
carry out the purposes of this Act.
(b) The Secretary shall from time to time certify to the
Secretary of the Treasury for payment to each State which--
(1) except in the case of Guam, the Commonwealth of
the Northern Mariana Islands, American Samoa, has an
unemployment compensation law approved by the Secretary
under the Federal Unemployment Tax Act and is found to
be in compliance with section 303 of the Social
Security Act, as amended,
(2) is found to have coordinated the public
employment services with the provision of unemployment
insurance claimant services, and
(3) is found to be in compliance with this Act,
such amounts as the Secretary determines to be necessary for
allotment in accordance with section 6.
(c)(1) Beginning with fiscal year 1985 and thereafter
appropriations for any fiscal year for programs and activities
assisted or conducted under this Act shall be available for
obligation only on the basis of a program year. The program
year shall begin on July 1 in the fiscal year for which the
appropriation is made.
(2) Funds obligated for any program year may be expended by
the State during that program year and the two succeeding
program years and no amount shall be deobligated on account of
a rate of expenditure which is consistent with the program
plan.
(3)(A) Appropriations for fiscal year 1984 shall be available
both to fund activities for the period between October 1, 1983,
and July 1, 1984, and for the program year beginning July 1,
1984.
(B) There are authorized to be appropriated such additional
sums as may be necessary to carry out the provisions of this
paragraph for the transition to program year funding.
Sec. 6. (a) From the funds appropriated and ([except for
Guam] except for Guam, the Commonwealth of the Northern Mariana
Islands, and American Samoa) certified under section 5 and made
available for allotments under this section for each fiscal
year, the Secretary shall [first allot to Guam and the Virgin
Islands] first allot--
(1) to Guam and the Virgin Islands an amount which,
in relation to the total amount available for the
fiscal year, is equal to the allotment percentage which
each received of amounts available under this Act in
fiscal year 1983[.]; and
(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.
(b)(1) Subject to paragraphs (2), (3), and (4) of this
subsection, after making the allotments required by subsection
(a), the Secretary shall allot the remainder of the funds
described in subsection (a) for each fiscal year among the
States as follows:
(A) two-thirds of such remainder shall be allotted on
the basis of the relative number of individuals in the
civilian labor force in each State as compared to the
total number of such individuals in all States; and
(B) one-third of such remainder shall be allotted on
the basis of the relative number of unemployed
individuals in each State as compared to the total
number of such individuals in all States.
For purposes of this paragraph, the number of individuals in
the civilian labor force and the number of unemployed
individuals shall be based on data for the most recent calendar
year available, as determined by the Secretary. For purposes of
this paragraph, the term ``State'' does not include Guam, the
Commonwealth of the Northern Mariana Islands, American Samoa,
or the Virgin Islands.
Sec. 7. (a) Ninety percent of the sums allotted to each State
pursuant to section 6 may be used--
(1) for job search and placement services to job
seekers, includingunemployment insurance claimants,
including counseling, testing, occupational and labor
market information, assessment, [and referral to
employers] 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;
(2) for appropriate recruitment services and special
technical services for employers; and
(3) for any of the following activities:
(A) evaluation of programs;
(B) developing linkages between services
funded under this Act and related Federal or
State legislation, including the provision of
labor exchange services at education sites;
(C) providing services for workers who have
received notice of permanent layoff or
impending layoff, or workers in occupations
which are experiencing limited demand due to
technological change, impact of imports, or
plant closures;
(D) developing and providing labor market and
occupational information;
(E) developing a management information
system and compiling and analyzing reports
therefrom;
(F) administering the work test for the State
unemployment compensation system, including
making eligibility assessments, and providing
job finding and placement services for
unemployment insurance claimants; and
(G) providing unemployment insurance
claimants with referrals to, and application
assistance for, training and education
resources and programs, including Federal Pell
Grants under subpart 1 of part A of title IV of
the Higher Education Act of 1965 (20 U.S.C.
1070a et seq.), educational assistance under
chapter 30 of title 38, United States Code
(commonly referred to as the Montgomery GI
Bill), and chapter 33 of that title (Post-9/11
Veterans Educational Assistance), student
assistance under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.),
State student higher education assistance, and
training and education programs provided under
titles I and II of the Workforce Innovation and
Opportunity Act, and title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.).
(b) Ten percent of the sums allotted to each State pursuant
to section 6 shall be reserved for use in accordance with this
subsection by the Governor of each such State to provide--
(1) performance incentives for public employment
service offices and programs, consistent with the
performance accountability measures that are based on
indicators described in section 116(b)(2)(A)(i) of the
Workforce Innovation and Opportunity Act, taking into
account direct or indirect placements (including those
resulting from self-directed job search or group job
search activities assisted by such offices or
programs), wages on entered employment, retention, and
other appropriate factors;
(2) services for groups with special needs, carried
out pursuant to joint agreements between the employment
service offices and the appropriate local workforce
investment board and chief elected official or
officials or other public agencies or private nonprofit
organizations; and
(3) the extra costs of exemplary models for
delivering services of the types described in
subsection (a), and models for enhancing professional
development and career advancement opportunities of
State agency staff, as described in section 3(c)(4).
(c)(1) Funds made available to States under this section may
be used to provide additional funds under an applicable program
if--
(A) such program otherwise meets the requirements of
this Act and the requirements of the applicable
program;
(B) such program serves the same individuals that are
served under this Act;
(C) such program provides services in a coordinated
manner with services provided under this Act; and
(D) such funds would be used to supplement, and not
supplant, funds provided from non-Federal sources.
(2) For purposes of this subsection, the term ``applicable
program'' means any workforce investment activity carried out
under the Workforce Innovation and Opportunity Act.
(d) In addition to the services and activities otherwise
authorized by this Act, the Secretary or any State agency
designated under this Act may perform such other services and
activities as shall be specified in contracts for payment or
reimbursement of the costs thereof made with the Secretary or
with any Federal, State, or local public agency, or
administrative entity under the Workforce Innovation and
Opportunity Act, or private nonprofit organization.
(e) All job search, placement, recruitment, workforce and
labor market information, and other labor exchange services
authorized under subsection (a) shall be provided, consistent
with the other requirements of this Act, as part of the one-
stop delivery system established by the State 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)).
* * * * * * *
SEC. 15. WORKFORCE AND LABOR MARKET INFORMATION SYSTEM.
(a) System Content.--
(1) In general.--The Secretary, in accordance with
the provisions of this section, shall oversee the
development, maintenance, and continuous improvement of
a nationwide workforceand labor market information
system that includes--
(A) statistical data from cooperative
statistical survey and projection programs and
data from administrative reporting systems
that, taken together, enumerate, estimate, and
project employment opportunities and conditions
at national, State, and local levels in a
[timely manner] manner that is as close to
real-time as practicable, including statistics
on--
(i) employment and unemployment
status of national, State, and local
populations, including self-employed,
[part-time, and seasonal workers] part-
time, contingent, and seasonal workers,
and workers engaged in alternative
employment arrangements;
(ii) industrial distribution of
occupations, as well as current and
projected employment opportunities,
wages, benefits (where data is
available), and skill trends by
occupation and industry, with
particular attention paid to State and
local conditions;
(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;
[(iii)] (iv) the incidence of,
industrial and geographical location
of, and number of workers displaced by,
permanent layoffs and plant closings;
and
[(iv)] (v) employment and earnings
information maintained in a
longitudinal manner to be used for
research and program evaluation;
(B) information on State and local employment
opportunities, and other appropriate
statistical data related to labor market
dynamics, which--
(i) shall be current (including, to
the extent practicable, real-time) and
comprehensive;
(ii) shall meet the needs identified
through the consultations described in
subparagraphs (A) and (B) of subsection
(e)(2); and
(iii) shall meet the needs for the
information identified in section
134(d);
(C) technical standards (which the Secretary
shall publish annually) for data and
information described in subparagraphs (A) and
(B) that, at a minimum, meet the criteria of
chapter 35 of title 44, United States Code;
(D) procedures to ensure compatibility and
additivity of the data and information
described in subparagraphs (A) and (B) from
national, State, and local levels;
(E) procedures to support standardization and
aggregation of data from administrative
reporting systems described in subparagraph (A)
of employment-related programs;
(F) analysis of data and information
described in subparagraphs (A) and (B) for uses
such as--
(i) national, State, and local
policymaking;
(ii) implementation of Federal
policies (including allocation
formulas);
(iii) program planning and
evaluation; and
(iv) researching labor market
dynamics;
(G) wide dissemination of such data,
information, and analysis in a [user-friendly
manner and] manner that is available on-demand
and is user-friendly, voluntary technical
standards for dissemination mechanisms; and
(H) programs of--
(i) training for effective data
dissemination;
(ii) research and demonstration; and
(iii) programs and technical
assistance.
(2) Information to be confidential.--
(A) In general.--No officer or employee of
the Federal Government or agent of the Federal
Government may--
(i) use any submission that is
furnished for exclusively statistical
purposes under the provisions of this
section for any purpose other than the
statistical purposes for which the
submission is furnished;
(ii) make any publication or media
transmittal of the data contained in
the submission described in clause (i)
that permits information concerning
individual subjects to be reasonably
inferred by either direct or indirect
means; or
(iii) permit anyone other than a
sworn officer, employee, or agent of
any Federal department or agency, or a
contractor (including an employee of a
contractor) of such department or
agency, to examine an individual
submission described in clause (i);
without the consent of the individual, agency,
or other person who is the subject of the
submission or provides that submission.
(B) Immunity from legal process.--Any
submission (including any data derived from the
submission) that is collected and retained by a
Federal department or agency, or an officer,
employee, agent, or contractor of such a
department or agency, for exclusively
statistical purposes under this section shall
be immune from the legal process and shall not,
without the consent of the individual, agency,
or other person who is the subject of the
submission or provides that submission, be
admitted as evidence or used for any purpose in
any action, suit, or other judicial or
administrative proceeding.
(C) Rule of construction.--Nothing in this
section shall be construed to provide immunity
from the legal process for such submission
(including any data derived from the
submission) if the submission is in the
possession of any person, agency, or entity
other than the Federal Government or an
officer, employee, agent, or contractor of the
Federal Government, or if the submission is
independently collected, retained, or produced
for purposes other than the purposes of this
Act.
(b) System Responsibilities.--
(1) In general.--
(A) Structure.--The workforce and labor
market information system described in
subsection (a) shall be evaluated and improved
by the Secretary, in consultation with the
Workforce Information Advisory Council
established in subsection (d).
(B) Grants and responsibilities.--
(i) In general.--The Secretary shall
carry out the provisions of this
section in a timely manner, through
grants to or agreements with States.
(ii) Distribution of funds.--Using
amounts appropriated under subsection
(g), the Secretary shall provide funds
through those grants and agreements. In
distributing the funds (relating to
workforce and labor market information
funding) for fiscal years 2015 through
2020, the Secretary shall continue to
distribute the funds to States in the
manner in which the Secretary
distributed funds to the States under
this section for fiscal years 2004
through 2008.
(2) Duties.--The Secretary, with respect to data
collection, analysis, and dissemination of workforce
and labor market information for the system, shall
carry out the following duties:
(A) Assign responsibilities within the
Department of Labor for elements of the
workforce and labor market information system
described in subsection (a) to ensure that the
statistical and administrative data collected
is consistent with appropriate Bureau of Labor
Statistics standards and definitions, and that
the information is accessible and
understandable to users of such data.
(B) Actively seek the cooperation of heads of
other Federal agencies to establish and
maintain mechanisms for ensuring
complementarity and nonduplication in the
development and operation of statistical and
administrative data collection activities.
(C) Solicit, receive, and evaluate the
recommendations from the Workforce Information
Advisory Council established in subsection (d)
concerning the evaluation and improvement of
the workforce and labor market information
system described in subsection (a) and respond
in writing to the Council regarding the
recommendations.
(D) Eliminate gaps and duplication in
statistical undertakings.
(E) Through the Bureau of Labor Statistics
and the Employment and Training Administration,
and in collaboration with States, develop and
maintain the elements of the workforce and
labor market information system described in
subsection (a), including the development of
consistent procedures and definitions for use
by the States in collecting the data and
information described in subparagraphs (A) and
(B) of subsection (a)(1).
(F) Establish procedures for the system to
ensure that--
(i) such data and information are
timely[; and] (including, to the extent
practicable, provided in real time);
(ii) the capabilities of digital
technology and modern data collection
approaches are effectively utilized;
and
[(ii)] (iii) paperwork and reporting
for the system are reduced to a
minimum.
(c) Two-year Plan.--The Secretary, acting through the
Commissioner of Labor Statistics and the Assistant Secretary
for Employment and Training, and in consultation with the
Workforce Information Advisory Council described in subsection
(d) and heads of other appropriate Federal agencies, shall
prepare a 2-year plan for the workforce and labor market
information system. The plan shall be developed and implemented
in a manner that takes into account the activities described in
State plans submitted by States under section 102 or 103 of the
Workforce Innovation and Opportunity Act and shall be submitted
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. The plan shall include--
(1) a description of how the Secretary will work with
the States to manage the nationwide workforce and labor
market information system described in subsection (a)
and the statewide workforce and labor market
information systems that comprise the nationwide
system;
(2) a description of the steps to be taken in the
following 2 years to carry out the duties described in
subsection (b)(2);
(3) an evaluation of the performance of the system,
with particular attention to the improvements needed at
the State and local levels;
(4) a description of the involvement of States in the
development of the plan, through consultation by the
Secretary with the Workforce Information Advisory
Council in accordance with subsection (d); and
(5) a description of the written recommendations
received from the Workforce Information Advisory
Council established under subsection (d), and the
extent to which those recommendations were incorporated
into the plan.
(d) Workforce Information Advisory Council.--
(1) In general.--The Secretary, through the
Commissioner of Labor Statistics and the Assistant
Secretary for Employment and Training, shall formally
consult at least twice annually with the Workforce
Information Advisory Council established in accordance
with paragraph (2). Such consultations shall address
the evaluation and improvement of the nationwide
workforce and labor market information system described
in subsection (a) and the statewide workforce and labor
market information systems that comprise the nationwide
system and how the Department of Labor and the States
will cooperate in the management of such systems. The
Council shall provide written recommendations to the
Secretary concerning the evaluation and improvement of
the nationwide system, including any recommendations
regarding the 2-year plan described in subsection (c).
(2) Establishment of council.--
(A) Establishment.--The Secretary shall
establish an advisory council that shall be
known as the Workforce Information Advisory
Council (referred to in this section as the
``Council'') to participate in the
consultations and provide the recommendations
described in paragraph (1).
(B) Membership.--The Secretary shall appoint
the members of the Council, which shall consist
of--
(i) 4 members who are representatives
of lead State agencies with
responsibility for workforce investment
activities, or State agencies described
in section 4, who have been nominated
by such agencies or by a national
organization that represents such
agencies;
(ii) 4 members who are
representatives of the State workforce
and labor market information directors
affiliated with the State agencies that
perform the duties described in
subsection (e)(2), who have been
nominated by the directors;
(iii) 1 member who is a
representative of providers of training
services under section 122 of the
Workforce Innovation and Opportunity
Act;
(iv) 1 member who is a representative
of economic development entities;
(v) 1 member who is a representative
of businesses, who has been nominated
by national business organizations or
trade associations;
(vi) 1 member who is a representative
of labor organizations, who has been
nominated by a national labor
federation;
(vii) 1 member who is a
representative of local workforce
development boards, who has been
nominated by a national organization
representing such boards; and
(viii) 1 member who is a
representative of research entities
that utilize workforce and labor market
information.
(C) Geographic diversity.--The Secretary
shall ensure that the membership of the Council
is geographically diverse and that no 2 of the
members appointed under clauses (i), (ii), and
(vii) represent the same State.
(D) Period of appointment; vacancies.--
(i) In general.--Each member of the
Council shall be appointed for a term
of 3 years, except that the initial
terms for members may be 1, 2, or 3
years in order to establish a rotation
in which one-third of the members are
selected each year. Any such member may
be appointed for not more than 2
consecutive terms.
(ii) Vacancies.--Any member appointed
to fill a vacancy occurring before the
expiration of the term for which the
member's predecessor was appointed
shall be appointed only for the
remainder of that term. A member may
serve after the expiration of that
member's term until a successor has
taken office.
(E) Travel expenses.--The members of the
Council shall not receive compensation for the
performance of services for the Council, but
shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates
authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or
regular places of business in the performance
of services for the Council. Notwithstanding
section 1342 of title 31, United States Code,
the Secretary may accept the voluntary and
uncompensated services of members of the
Council.
(F) Permanent council.--Section 1013 of title
5, United States Code, shall not apply to the
Council.
(e) State Responsibilities.--
(1) Designation of state agency.--In order to receive
Federal financial assistance under this section, the
Governor of a State shall--
(A) designate a single State agency to be
responsible for the management of the portions
of the workforce and labor market information
system described in subsection (a) that
comprise a statewide workforce and labor market
information system and for the State's
participation in the development of the plan
described in subsection (c); and
(B) establish a process for the oversight of
such system.
(2) Duties.--In order to receive Federal financial
assistance under this section, the State agency shall--
(A) consult with State and local employers,
participants, and local workforce investment
boards about the labor market relevance of the
data to be collected and disseminated through
the statewide workforce and labor market
information system;
(B) consult with eligible agencies (defined
in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C.
2302)), State educational agencies, and local
educational agencies concerning the provision
of workforce and labor market information in
order to--
(i) meet the needs of secondary
school and postsecondary school
students who seek such information; and
(ii) annually inform the development
and implementation of programs of study
defined in section 3 of the Carl D.
Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302), and
career pathways;
(C) collect and disseminate for the system,
on behalf of the State and localities in the
State, the information and data described in
subparagraphs (A) and (B) of subsection (a)(1);
(D) maintain and continuously improve the
statewide workforce and labor market
information system in accordance with this
section;
(E) perform contract and grant
responsibilities for data collection, analysis,
and dissemination for such system;
(F) conduct such other data collection,
analysis, and dissemination activities as will
ensure an effective statewide workforce and
labor market information system;
(G) actively seek the participation of other
State and local agencies in data collection,
analysis, and dissemination activities in order
to ensure complementarity, compatibility, and
usefulness of data;
(H) utilize the quarterly records described
in section 116(i)(2) of the Workforce
Innovation and Opportunity Act to assist the
State and other States in measuring State
progress on State performance measures; and
(I) provide, on an annual and timely basis to
each eligible agency (defined in section 3 of
the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302)), the
data and information described in subparagraphs
(A) and (B) of subsection (a)(1).
(3) Rule of construction.--Nothing in this section
shall be construed as limiting the ability of a State
agency to conduct additional data collection, analysis,
and dissemination activities with State funds or with
Federal funds from sources other than this section.
(f) Nonduplication Requirement.--None of the functions and
activities carried out pursuant to this section shall duplicate
the functions and activities carried out under the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.).
[(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $60,153,000 for
fiscal year 2015,$64,799,000 for fiscal year 2016, $66,144,000
for fiscal year 2017,$67,611,000 for fiscal year 2018,
$69,200,000 for fiscal year 2019,and $70,667,000 for fiscal
year 2020.]
(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.
(h) Definition.--In this section, the term ``local area''
means the smallest geographical area for which data can be
produced with statistical reliability.
* * * * * * *
----------
SECTION 414 OF THE AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT
ACT OF 1998
SEC. 414. COLLECTION AND USE OF H-1B NONIMMIGRANT FEES FOR SCHOLARSHIPS
FOR LOW-INCOME MATH, ENGINEERING, AND COMPUTER
SCIENCE STUDENTS AND JOB TRAINING OF UNITED STATES
WORKERS.
(a) [Omitted--Amends another Act]
(b) [Omitted--Amends another Act]
[(c) Job Training Grants.--
[(1) In general.--The Secretary of Labor shall use
funds available under section 286(s)(2) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(2))
to award grants to eligible entities to provide job
training and related activities for workers to assist
them in obtaining or upgrading employment in industries
and economic sectors identified pursuant to paragraph
(4) that are projected to experience significant growth
and ensure that job training and related activities
funded by such grants are coordinated with the public
workforce investment system.
[(2) Use of funds.--
[(A) Training provided.--Funds under this
subsection may be used to provide job training
services and related activities that are
designed to assist workers (including
unemployed and employed workers) in gaining the
skills and competencies needed to obtain or
upgrade career ladder employment positions in
the industries and economic sectors identified
pursuant to paragraph (4).
[(B) Enhanced training programs and
information.--In order to facilitate the
provision of job training services described in
subparagraph (A), funds under this subsection
may be used to assist in the development and
implementation of model activities such as
developing appropriate curricula to build core
competencies and train workers, identifying and
disseminating career and skill information, and
increasing the integration of community and
technical college activities with activities of
businesses and the public workforce investment
system to meet the training needs for the
industries and economic sectors identified
pursuant to paragraph (4).
[(3) Eligible entities.--Grants under this subsection
may be awarded to partnerships of private and public
sector entities, which may include--
[(A) businesses or business-related nonprofit
organizations, such as trade associations;
[(B) education and training providers,
including community colleges and other
community-based organizations; and
[(C) entities involved in administering the
workforce development system, as defined in
section 3 of the Workforce Innovation and
Opportunity Act, and economic development
agencies.
[(4) High growth industries and economic sectors.--
For purposes of this subsection, the Secretary of
Labor, in consultation with State workforce investment
boards, shall identify industries and economic sectors
that are projected to experience significant growth,
taking into account appropriate factors, such as the
industries and sectors that--
[(A) are projected to add substantial numbers
of new jobs to the economy;
[(B) are being transformed by technology and
innovation requiring new skill sets for
workers;
[(C) are new and emerging businesses that are
projected to grow; or
[(D) have a significant impact on the economy
overall or on the growth of other industries
and economic sectors.
[(5) Equitable distribution.--In awarding grants
under this subsection, the Secretary of Labor shall
ensure an equitable distribution of such grants across
geographically diverse areas.
[(6) Leveraging of resources and authority to require
match.--
[(A) Leveraging of resources.--In awarding
grants under this subsection, the Secretary of
Labor shall take into account, in addition to
other factors the Secretary determines are
appropriate--
[(i) the extent to which resources
other than the funds provided under
this subsection will be made available
by the eligible entities applying for
grants to support the activities
carried out under this subsection; and
[(ii) the ability of such entities to
continue to carry out and expand such
activities after the expiration of the
grants.
[(B) Authority to require match.--The
Secretary of Labor may require the provision of
specified levels of a matching share of cash or
noncash resources from resources other than the
funds provided under this subsection for
projects funded under this subsection.
[(7) Performance accountability.--The Secretary of
Labor shall require grantees to report on the
employment outcomes obtained by workers receiving
training under this subsection using indicators of
performance that are consistent with other indicators
used for employment and training programs administered
by the Secretary, such as entry into employment,
retention in employment, and increases in earnings. The
Secretary of Labor may also require grantees to
participate in evaluations of projects carried out
under this subsection.]
(c) Job Training Grants.--
(1) Allotment.--
(A) In general.--Of the funds available under
section 286(s)(2) of the Immigration and
Nationality Act (8 U.S.C. 1356(s)(2)), the
Secretary of Labor shall--
(i) return permanently 12 percent of
such amounts in each fiscal year to the
general fund of the Treasury; and
(ii) of the remainder, make
allotments to each State that receives
an allotment under section 132(b) of
the Workforce Innovation and
Opportunity Act (29 U.S.C. 3172) for
the purpose of providing training
services through individual training
accounts for eligible dislocated
workers as described in paragraph
(2)(A).
(B) Reservation; allotment among states.--
(i) Reservation.--From the amount
made available under subparagraph
(A)(ii) for a fiscal year, the
Secretary shall reserve not more than
\1/4\ of 1 percent of such amount to
provide assistance to the outlying
areas for the purpose described in
paragraph (2)(A).
(ii) Allotment among states.--The
Secretary shall use the remainder of
the amount made available under
subparagraph (A)(ii) for a fiscal year
to make allotments to States described
in such subparagraph on the following
basis:
(I) 33 and \1/3\ percent
shall be allotted on the basis
of the relative number of
unemployed individuals in each
such State, compared to the
total number of unemployed
individuals in all such States.
(II) 33 and \1/3\ percent
shall be allotted based on the
relative number of
disadvantaged adults in each
such State, compared to the
total number of disadvantaged
adults in all such States.
(III) 33 and \1/3\ percent
shall be allotted on the basis
of the relative number of
individuals in the civilian
labor force in each such State,
compared to the total number in
the civilian labor force in all
such States.
(iii) Disadvantaged adult defined.--
For purposes of this subparagraph and
subparagraph (C), the term
``disadvantaged adult'' has the meaning
given such term in section
132(b)(1)(B)(v)(IV) of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3172(b)(1)(B)(v)(IV)).
(iv) Reallotment.--
(I) In general.--The
Secretary of Labor shall, in
accordance with this clause,
reallot to eligible States
amounts that are made available
to States from allotments made
under this subparagraph
(referred to individually in
this subsection as a ``State
allotment'') and that are
available for reallotment.
(II) Amount.--The amount
available for reallotment for a
program year is equal to the
amount by which the unobligated
balance of the State allotment,
at the end of the program year
prior to the program year for
which the determination under
this subclause is made, exceeds
20 percent of such allotment
for the prior program year.
(III) Reallotment.--In making
reallotments to eligible States
of amounts available pursuant
to subclause (II) for a program
year, the Secretary shall allot
to each eligible State an
amount based on the relative
amount of the State allotment
for the program year for which
the determination is made, as
compared to the total amount of
the State allotments for all
eligible States for such
program year.
(IV) Eligibility.--For
purposes of this subsection, an
eligible State means a State
that does not have an amount
available for reallotment under
subclause (II) for the program
year for which the
determination under subclause
(II) is made.
(C) Within state allocations.--
(i) In general.--The Governor shall
allocate the funds allotted to the
State under subparagraph (B)(ii) for a
fiscal year to the local areas in the
State on the following basis:
(I) 33 and \1/3\ percent of
the funds on the basis
described in subparagraph
(B)(ii)(I).
(II) 33 and \1/3\ percent of
the funds on the basis
described in subparagraph
(B)(ii)(II).
(III) 33 and \1/3\ percent of
the funds on the basis
described in subparagraph
(B)(ii)(III).
(ii) Application.--For purposes of
carrying out clause (i)--
(I) references in
subparagraph (B)(ii) to a State
shall be deemed to be
references to a local area; and
(II) references in
subparagraph (B)(ii) to all
States shall be deemed to be
references to all local areas
in the State involved.
(iii) Reallocation among local
areas.--
(I) In general.--The Governor
may, in accordance with this
clause and after consultation
with the State board,
reallocate to eligible local
areas within the State amounts
that are made available to
local areas from allocations
made under this subparagraph
(referred to individually in
this subsection as a ``local
allocation'') and that are
available for reallocation.
(II) Amount.--The amount
available for reallocation for
a program year is equal to the
amount by which the unobligated
balance of the local
allocation, at the end of the
program year prior to the
program year for which the
determination under this
subclause is made, exceeds 20
percent of such allocation for
the prior program year.
(III) Reallocation.--In
making reallocations to
eligible local areas of amounts
available pursuant to subclause
(II) for a program year, the
Governor shall allocate to each
eligible local area within the
State an amount based on the
relative amount of the local
allocation for the program year
for which the determination is
made, as compared to the total
amount of the local allocations
for all eligible local areas in
the State for such program
year.
(IV) Eligibility.--For
purposes of this subsection, an
eligible local area means a
local area that does not have
an amount available for
reallotment under subclause
(II) for the program year for
which the determination under
subclause (II) is made.
(2) Use of funds.--
(A) In general.--Funds allocated pursuant to
paragraph (1) to a local area shall be used to
pay, through the use of an individual training
account in the accordance with section
134(c)(3)(F)(iii) of the Workforce Innovation
and Opportunity Act (29 U.S.C.
3174(c)(3)(F)(iii)), an eligible provider of
training services from the list of eligible
providers of training services described in
section 122(d) of such Act (29 U.S.C. 3152(d))
for training services provided to eligible
dislocated workers in the local area.
(B) Requirements for local areas.--As a
condition of receipt of funds under paragraph
(1), a local area shall agree to each of the
following:
(i) Required notice to workers.--
Prior to an eligible dislocated worker
selecting a program of training
services from the list of eligible
providers of training services under
section 122(d) of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3152(d)), the local area shall
inform such dislocated worker of any
opportunities the dislocated worker may
have to participate in on-the-job
training or employer-directed skills
development funded through such local
area.
(ii) Amounts available.--Except as
provided in clause (iv)(II), a local
area--
(I) may not limit the maximum
amount available for an
individual training account for
an eligible dislocated worker
under subparagraph (A) to an
amount that is less than
$5,000; and
(II) may not pay an amount,
through the use of an
individual training account
under subparagraph (A), for
training services provided to
an eligible dislocated worker
that exceeds the costs of such
services.
(iii) WIOA funds.--A local area may
not use funds made available to the
local area for a fiscal year pursuant
to section 134(c)(1)(B) of the
Workforce Innovation and Opportunity
Act (29 U.S.C. 3174(c)(1)(B)) to make
payments under subparagraph (A) until
the funds allocated to the local area
pursuant to paragraph (1) of this
subsection for such fiscal year have
been exhausted.
(iv) Exhaustion of allocations.--Upon
the exhaustion of the funds allocated
to the local area pursuant to paragraph
(1) of this subsection, for the purpose
of paying, through the use of
individual training accounts under
subparagraph (A), the costs of training
services for eligible dislocated
workers in the local area seeking such
services, the local area--
(I) shall use any funds made
available to the local area
pursuant to section
134(c)(1)(B) of the Workforce
Innovation and Opportunity Act
(29 U.S.C. 3174(c)(1)(B)) to
pay for such costs under
subparagraph (A) (other than
any costs that exceed the limit
set by the local area pursuant
to subclause (II)); and
(II) for any eligible
dislocated worker who is not a
low-income individual, may
limit the maximum amount
available for the individual
training account under
subparagraph (A) for such
worker to an amount that is
less than $5,000.
(3) Eligible dislocated worker.--A dislocated worker
shall be an eligible dislocated worker for purposes of
this subsection if the dislocated worker--
(A) meets the requirements under section
134(c)(3)(A)(i) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(3)(A)(i)) to
be eligible for training services;
(B) has not received training services
through an individual training account under
this subsection or under section
134(c)(3)(F)(iii) of the Workforce Innovation
and Opportunity Act (29 U.S.C.
3174(c)(3)(F)(iii)) during the preceding 5-year
period or, if such a worker has received such
training services during such period, the
worker has been granted an exception by the
local area due to an exceptional circumstance,
as determined by the local area; and
(C) is not subject to any limitations
established by the local area or State involved
pursuant to paragraph (4), which would
disqualify such dislocated worker from being an
eligible dislocated worker under this
subsection.
(4) State or local area limitations.--A State or
local area may establish limitations on the eligibility
of an otherwise eligible dislocated worker who has
previously received training services through an
individual training account under this subsection or
under section 134(c)(3)(F)(iii) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3174(c)(3)(F)(iii)) to receive a subsequent individual
training account under this subsection.
(5) Excess demand.--Upon the exhaustion of the funds
allocated to a local area pursuant to paragraph (1) of
this subsection and any funds that may be available to
such local area pursuant to section 134(c)(1)(B) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3174(c)(1)(B)) for the purpose described in paragraph
(2)(A) of this subsection, the local area--
(A) may request additional funds for such
purpose from the Governor under section
134(a)(2)(A)(i)(III) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3174(a)(2)(A)(i)(III)); and
(B) shall not be required to pay for training
services or establish an individual training
account for an eligible dislocated worker.
(6) Definitions.--Except as otherwise specified, a
term used in this subsection shall have the meaning
given such term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(7) Rule of construction.--Nothing in this subsection
shall be construed to provide an individual with an
entitlement to a service under this subsection or under
title I of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3111 et seq.) or to mandate a State or local
area to provide a service if Federal funds are not
available for such service.
(d) Low-Income Scholarship Program.--
(1) Establishment.--The Director of the National
Science Foundation (referred to in this subsection as
the ``Director'') shall award scholarships to low-
income individuals to enable such individuals to pursue
associate, undergraduate, or graduate level degrees in
mathematics, engineering, computer science, or
cybersecurity.
(2) Eligibility.--
(A) In general.--To be eligible to receive a
scholarship under this subsection, an
individual--
(i) must be a citizen of the United
States, a national of the United States
(as defined in section 101(a) of the
Immigration and Nationality Act), an
alien admitted as a refugee under
section 207 of the Immigration and
Nationality, or an alien lawfully
admitted to the United States for
permanent residence;
(ii) shall prepare and submit to the
Director an application at such time,
in such manner, and containing such
information as the Director may
require; and
(iii) shall certify to the Director
that the individual intends to use
amounts received under the scholarship
to enroll or continue enrollment at an
institution of higher education (as
defined in section 101(a) of the Higher
Education Act of 1965) in order tc
pursue an associate, undergraduate, or
graduate level degree in mathematics,
engineering, computer science,
cybersecurity, or other technology and
science programs designated by the
Director.
(B) Ability.--Awards of scholarships under
this subsection shall be made by the Director
solely on the basis of the ability of the
applicant, except that in any case in which 2
or more applicants for scholarships are deemed
by the Director to be possessed of
substantially equal ability, and there are not
sufficient scholarships available to grant one
to each of such applicants, the available
scholarship or scholarships shall be awarded to
the applicants in a manner that will tend to
result in a geographically wide distribution
throughout the United States of recipients'
places of permanent residence.
(3) Limitation.--The amount of a scholarship awarded
under this subsection shall be determined by the
Director. The Director may renew scholarships for up to
5 years.
(4) Funding.--The Director shall carry out this
subsection only with funds made available under section
286(s)(3) of the Immigration and Nationality Act. The
Director may use no more than 50 percent of such funds
for undergraduate programs for curriculum development,
professional and workforce development, and to advance
technological education. Funds for these other programs
may be used for purposes other than scholarships.
(5) Federal register.--Not later than 60 days after
the date of enactment of the L-1 Visa and H-1B Visa
Reform Act, the Director shall publish in the Federal
Register a list of eligible programs of study.
(e) Reporting Requirement.--The Secretary of Labor and the
Director of the National Science Foundation shall--
(1) track and monitor the performance of programs
receiving H-1B Nonimmigrant Fee grant money; and
(2) not later than one year after the date of
enactment of this subsection, submit a report to the
Committees on the Judiciary of the House of
Representatives and the Senate--
(A) the tracking system to monitor the
performance of programs receiving H-1B grant
funding; and
(B) the number of individuals who have
completed training and have entered the high-
skill workforce through these programs.
----------
SOCIAL SECURITY ACT
* * * * * * *
TITLE IV--GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH
CHILDREN AND FOR CHILD-WELFARE SERVICES
* * * * * * *
Part D--Child Support and Establishment of Paternity
* * * * * * *
FEDERAL PARENT LOCATOR SERVICE
Sec. 453. (a)(1) The Secretary shall establish and conduct a
Federal Parent Locator Service, under the direction of the
designee of the Secretary referred to in section 452(a), which
shall be used for the purposes specified in paragraphs (2) and
(3).
(2) For the purpose of establishing parentage or
establishing, setting the amount of, modifying, or enforcing
child support obligations, the Federal Parent Locator Service
shall obtain and transmit to any authorized person specified in
subsection (c)--
(A) information on, or facilitating the discovery of,
the location of any individual--
(i) who is under an obligation to pay child
support;
(ii) against whom such an obligation is
sought;
(iii) to whom such an obligation is owed; or
(iv) who has or may have parental rights with
respect to a child,
including the individual's social security number (or
numbers), most recent address, and the name, address,
and employer identification number of the individual's
employer;
(B) information on the individual's wages (or other
income) from, and benefits of, employment (including
rights to or enrollment in group health care coverage);
and
(C) information on the type, status, location, and
amount of any assets of, or debts owed by or to, any
such individual.
(3) For the purpose of enforcing any Federal or State law
with respect to the unlawful taking or restraint of a child, or
making or enforcing a child custody or visitation
determination, as defined in section 463(d)(1), the Federal
Parent Locator Service shall be used to obtain and transmit the
information specified in section 463(c) to the authorized
persons specified in section 463(d)(2).
(b)(1) Upon request, filed in accordance with subsection (d),
of any authorized person, as defined in subsection (c) for the
information described in subsection (a)(2), or of any
authorized person, as defined in section 463(d)(2) for the
information described in section 463(c), the Secretary shall,
notwithstanding any other provision of law, provide through the
Federal Parent Locator Service such information to such person,
if such information--
(A) is contained in any files or records maintained
by the Secretary or by the Department of Health and
Human Services; or
(B) is not contained in such files or records, but
can be obtained by the Secretary, under the authority
conferred by subsection (e), from any other department,
agency, or instrumentality of the United States or of
any State,
and is not prohibited from disclosure under paragraph (2).
(2) No information shall be disclosed to any person if the
disclosure of such information would contravene the national
policy or security interests of the United States or the
confidentiality of census data. The Secretary shall give
priority to requests made by any authorized person described in
subsection (c)(1). No information shall be disclosed to any
person if the State has notified the Secretary that the State
has reasonable evidence of domestic violence or child abuse and
the disclosure of such information could be harmful to the
custodial parent or the child of such parent, provided that--
(A) in response to a request from an authorized
person (as defined in subsection (c) of this section
and section 463(d)(2)), the Secretary shall advise the
authorized person that the Secretary has been notified
that there is reasonable evidence of domestic violence
or child abuse and that information can only be
disclosed to a court or an agent of a court pursuant to
subparagraph (B); and
(B) information may be disclosed to a court or an
agent of a court described in subsection (c)(2) of this
section or section 463(d)(2)(B), if--
(i) upon receipt of information from the
Secretary, the court determines whether
disclosure to any other person of that
information could be harmful to the parent or
the child; and
(ii) if the court determines that disclosure
of such information to any other person could
be harmful, the court and its agents shall not
make any such disclosure.
(3) Information received or transmitted pursuant to this
section shall be subject to the safeguard provisions contained
in section 454(26).
(c) As used in subsection (a), the term ``authorized person''
means--
(1) any agent or attorney of any State or Indian
tribe or tribal organization (as defined in subsections
(e) and (l) of section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b)), having in effect a plan approved under this
part, who has the duty or authority under such plans to
seek to recover any amounts owed as child and spousal
support (including, when authorized under the State
plan, any official of a political subdivision);
(2) the court which has authority to issue an order
or to serve as the initiating court in an action to
seek an order against a noncustodial parent for the
support and maintenance of a child, or any agent of
such court;
(3) the resident parent, legal guardian, attorney, or
agent of a child (other than a child receiving
assistance under a State program funded under part A
(as determined by regulations prescribed by the
Secretary) without regard to the existence of a court
order against a noncustodial parent who has a duty to
support and maintain any such child;
(4) a State agency that is administering a program
operated under a State plan under subpart 1 of part B,
or a State plan approved under subpart 2 of part B or
under part E; and
(5) an entity designated as a Central Authority for
child support enforcement in a foreign reciprocating
country or a foreign treaty country for purposes
specified in section 459A(c)(2).
(d) A request for information under this section shall be
filed in such manner and form as the Secretary shall by
regulation prescribe and shall be accompanied or supported by
such documents as the Secretary may determine to be necessary.
(e)(1) Whenever the Secretary receives a request submitted
under subsection (b) which he is reasonably satisfied meets the
criteria established by subsections (a), (b), and (c), he shall
promptly undertake to provide the information requested from
the files and records maintained by any of the departments,
agencies, or instrumentalities of the United States or of any
State.
(2) Notwithstanding any other provision of law, whenever the
individual who is the head of any department, agency, or
instrumentality of the United States receives a request from
the Secretary for information authorized to be provided by the
Secretary under this section, such individual shall promptly
cause a search to be made of the files and records maintained
by such department, agency, or instrumentality with a view to
determining whether the information requested is contained in
any such files or records. If such search discloses the
information requested, such individual shall immediately
transmit such information to the Secretary, except that if any
information is obtained the disclosure of which would
contravene national policy or security interests of the United
States or the confidentiality of census data, such information
shall not be transmitted and such individual shall immediately
notify the Secretary. If such search fails to disclose the
information requested, such individual shall immediately so
notify the Secretary. The costs incurred by any such
department, agency, or instrumentality of the United States or
of any State in providing such information to the Secretary
shall be reimbursed by him in an amount which the Secretary
determines to be reasonable payment for the information
exchange (which amount shall not include payment for the costs
of obtaining, compiling, or maintaining the information).
Whenever such services are furnished to an individual specified
in subsection (c)(3), a fee shall be charged such individual.
The fee so charged shall be used to reimburse the Secretary or
his delegate for the expense of providing such services.
(3) The Secretary of Labor shall enter into an agreement with
the Secretary to provide prompt access for the Secretary (in
accordance with this subsection) to the wage and unemployment
compensation claims information and data maintained by or for
the Department of Labor or State employment security agencies.
(f) The Secretary, in carrying out his duties and functions
under this section, shall enter into arrangements with State
and tribal agencies administering State and tribal plans
approved under this part for such State and tribal agencies to
accept from resident parents, legal guardians, or agents of a
child described in subsection (c)(3) and to transmit to the
Secretary requests for information with regard to the
whereabouts of noncustodial parents and otherwise to cooperate
with the Secretary in carrying out the purposes of this
section.
(g) Reimbursement for Reports by State Agencies.--The
Secretary may reimburse Federal and State agencies for the
costs incurred by such entities in furnishing information
requested by the Secretary under this section in an amount
which the Secretary determines to be reasonable payment for the
information exchange (which amount shall not include payment
for the costs of obtaining, compiling, or maintaining the
information).
(h) Federal Case Registry of Child Support Orders.--
(1) In general.--Not later than October 1, 1998, in
order to assist States in administering programs under
State plans approved under this part and programs
funded under part A, and for the other purposes
specified in this section, the Secretary shall
establish and maintain in the Federal Parent Locator
Service an automated registry (which shall be known as
the ``Federal Case Registry of Child Support Orders''),
which shall contain abstracts of support orders and
other information described in paragraph (2) with
respect to each case and order in each State case
registry maintained pursuant to section 454A(e), as
furnished (and regularly updated), pursuant to section
454A(f), by State agencies administering programs under
this part.
(2) Case and order information.--The information
referred to in paragraph (1) with respect to a case or
an order shall be such information as the Secretary may
specify in regulations (including the names, social
security numbers or other uniform identification
numbers, and State case identification numbers) to
identify the individuals who owe or are owed support
(or with respect to or on behalf of whom support
obligations are sought to be established), and the
State or States which have the case or order. Beginning
not later than October 1, 1999, the information
referred to in paragraph (1) shall include the names
and social security numbers of the children of such
individuals.
(3) Administration of federal tax laws.--The
Secretary of the Treasury shall have access to the
information described in paragraph (2) for the purpose
of administering those sections of the Internal Revenue
Code of 1986 which grant tax benefits based on support
or residence of children.
(i) National Directory of New Hires.--
(1) In general.--In order to assist States in
administering programs under State plans approved under
this part and programs funded under part A, and for the
other purposes specified in this section, the Secretary
shall, not later than October 1, 1997, establish and
maintain in the Federal Parent Locator Service an
automated directory to be known as the National
Directory of New Hires, which shall contain the
information supplied pursuant to section 453A(g)(2).
(2) Data entry and deletion requirements.--
(A) In general.--Information provided
pursuant to section 453A(g)(2) shall be entered
into the data base maintained by the National
Directory of New Hires within two business days
after receipt, and shall be deleted from the
data base 24 months after the date of entry.
(B) 12-month limit on access to wage and
unemployment compensation information.--The
Secretary shall not have access for child
support enforcement purposes to information in
the National Directory of New Hires that is
provided pursuant to section 453A(g)(2)(B), if
12 months has elapsed since the date the
information is so provided and there has not
been a match resulting from the use of such
information in any information comparison under
this subsection.
(C) Retention of data for research
purposes.--Notwithstanding subparagraphs (A)
and (B), the Secretary may retain such samples
of data entered in the National Directory of
New Hires as the Secretary may find necessary
to assist in carrying out subsection (j)(5).
(3) Administration of federal tax laws.--The
Secretary of the Treasury shall have access to the
information in the National Directory of New Hires for
purposes of administering section 32 of the Internal
Revenue Code of 1986, or the advance payment of the
earned income tax credit under section 3507 of such
Code, and verifying a claim with respect to employment
in a tax return.
(4) List of multistate employers.--The Secretary
shall maintain within the National Directory of New
Hires a list of multistate employers that report
information regarding newly hired employees pursuant to
section 453A(b)(1)(B), and the State which each such
employer has designated to receive such information.
(j) Information Comparisons and Other Disclosures.--
(1) Verification by social security administration.--
(A) In general.--The Secretary shall transmit
information on individuals and employers
maintained under this section to the Social
Security Administration to the extent necessary
for verification in accordance with
subparagraph (B).
(B) Verification by ssa.--The Social Security
Administration shall verify the accuracy of,
correct, or supply to the extent possible, and
report to the Secretary, the following
information supplied by the Secretary pursuant
to subparagraph (A):
(i) The name, social security number,
and birth date of each such individual.
(ii) The employer identification
number of each such employer.
(2) Information comparisons.--For the purpose of
locating individuals in a paternity establishment case
or a case involving the establishment, modification, or
enforcement of a support order, the Secretary shall--
(A) compare information in the National
Directory of New Hires against information in
the support case abstracts in the Federal Case
Registry of Child Support Orders not less often
than every 2 business days; and
(B) within 2 business days after such a
comparison reveals a match with respect to an
individual, report the information to the State
agency responsible for the case.
(3) Information comparisons and disclosures of
information in all registries for title iv program
purposes.--To the extent and with the frequency that
the Secretary determines to be effective in assisting
States to carry out their responsibilities under
programs operated under this part, part B, or part E
and programs funded under part A, the Secretary shall--
(A) compare the information in each component
of the Federal Parent Locator Service
maintained under this section against the
information in each other such component (other
than the comparison required by paragraph (2)),
and report instances in which such a comparison
reveals a match with respect to an individual
to State agencies operating such programs; and
(B) disclose information in such components
to such State agencies.
(4) Provision of new hire information to the social
security administration.--The National Directory of New
Hires shall provide the Commissioner of Social Security
with all information in the National Directory.
(5) Research.--The Secretary may provide access to
data in each component of the Federal Parent Locator
Service maintained under this section and to
information reported by employers pursuant to section
453A(b) for research purposes found by the Secretary to
be likely to contribute to achieving the purposes of
part A or this part, but without personal identifiers.
(6) Information comparisons and disclosure for
enforcement of obligations on higher education act
loans and grants.--
(A) Furnishing of information by the
secretary of education.--The Secretary of
Education shall furnish to the Secretary, on a
quarterly basis or at such less frequent
intervals as may be determined by the Secretary
of Education, information in the custody of the
Secretary of Education for comparison with
information in the National Directory of New
Hires, in order to obtain the information in
such directory with respect to individuals
who--
(i) are borrowers of loans made under
title IV of the Higher Education Act of
1965 that are in default; or
(ii) owe an obligation to refund an
overpayment of a grant awarded under
such title.
(B) Requirement to seek minimum information
necessary.--The Secretary of Education shall
seek information pursuant to this section only
to the extent essential to improving collection
of the debt described in subparagraph (A).
(C) Duties of the secretary.--
(i) Information comparison;
disclosure to the secretary of
education.--The Secretary, in
cooperation with the Secretary of
Education, shall compare information in
the National Directory of New Hires
with information in the custody of the
Secretary of Education, and disclose
information in that Directory to the
Secretary of Education, in accordance
with this paragraph, for the purposes
specified in this paragraph.
(ii) Condition on disclosure.--The
Secretary shall make disclosures in
accordance with clause (i) only to the
extent that the Secretary determines
that such disclosures do not interfere
with the effective operation of the
program under this part. Support
collection under section 466(b) shall
be given priority over collection of
any defaulted student loan or grant
overpayment against the same income.
(D) Use of information by the secretary of
education.--The Secretary of Education may use
information resulting from a data match
pursuant to this paragraph only--
(i) for the purpose of collection of
the debt described in subparagraph (A)
owed by an individual whose annualized
wage level (determined by taking into
consideration information from the
National Directory of New Hires)
exceeds $16,000; and
(ii) after removal of personal
identifiers, to conduct analyses of
student loan defaults.
(E) Disclosure of information by the
secretary of education.--
(i) Disclosures permitted.--The
Secretary of Education may disclose
information resulting from a data match
pursuant to this paragraph only to--
(I) a guaranty agency holding
a loan made under part B of
title IV of the Higher
Education Act of 1965 on which
the individual is obligated;
(II) a contractor or agent of
the guaranty agency described
in subclause (I);
(III) a contractor or agent
of the Secretary; and
(IV) the Attorney General.
(ii) Purpose of disclosure.--The
Secretary of Education may make a
disclosure under clause (i) only for
the purpose of collection of the debts
owed on defaulted student loans, or
overpayments of grants, made under
title IV of the Higher Education Act of
1965.
(iii) Restriction on redisclosure.--
An entity to which information is
disclosed under clause (i) may use or
disclose such information only as
needed for the purpose of collecting on
defaulted student loans, or
overpayments of grants, made under
title IV of the Higher Education Act of
1965.
(F) Reimbursement of hhs costs.--The
Secretary of Education shall reimburse the
Secretary, in accordance with subsection
(k)(3), for the additional costs incurred by
the Secretary in furnishing the information
requested under this subparagraph.
(7) Information comparisons for housing assistance
programs.--
(A) Furnishing of information by hud.--
Subject to subparagraph (G), the Secretary of
Housing and Urban Development shall furnish to
the Secretary, on such periodic basis as
determined by the Secretary of Housing and
Urban Development in consultation with the
Secretary, information in the custody of the
Secretary of Housing and Urban Development for
comparison with information in the National
Directory of New Hires, in order to obtain
information in such Directory with respect to
individuals who are participating in any
program under--
(i) the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.);
(ii) section 202 of the Housing Act
of 1959 (12 U.S.C. 1701q);
(iii) section 221(d)(3), 221(d)(5),
or 236 of the National Housing Act (12
U.S.C. 1715l(d) and 1715z-1);
(iv) section 811 of the Cranston-
Gonzalez National Affordable Housing
Act (42 U.S.C. 8013); or
(v) section 101 of the Housing and
Urban Development Act of 1965 (12
U.S.C. 1701s).
(B) Requirement to seek minimum
information.--The Secretary of Housing and
Urban Development shall seek information
pursuant to this section only to the extent
necessary to verify the employment and income
of individuals described in subparagraph (A).
(C) Duties of the secretary.--
(i) Information disclosure.--The
Secretary, in cooperation with the
Secretary of Housing and Urban
Development, shall compare information
in the National Directory of New Hires
with information provided by the
Secretary of Housing and Urban
Development with respect to individuals
described in subparagraph (A), and
shall disclose information in such
Directory regarding such individuals to
the Secretary of Housing and Urban
Development, in accordance with this
paragraph, for the purposes specified
in this paragraph.
(ii) Condition on disclosure.--The
Secretary shall make disclosures in
accordance with clause (i) only to the
extent that the Secretary determines
that such disclosures do not interfere
with the effective operation of the
program under this part.
(D) Use of information by hud.--The Secretary
of Housing and Urban Development may use
information resulting from a data match
pursuant to this paragraph only--
(i) for the purpose of verifying the
employment and income of individuals
described in subparagraph (A); and
(ii) after removal of personal
identifiers, to conduct analyses of the
employment and income reporting of
individuals described in subparagraph
(A).
(E) Disclosure of information by hud.--
(i) Purpose of disclosure.--The
Secretary of Housing and Urban
Development may make a disclosure under
this subparagraph only for the purpose
of verifying the employment and income
of individuals described in
subparagraph (A).
(ii) Disclosures permitted.--Subject
to clause (iii), the Secretary of
Housing and Urban Development may
disclose information resulting from a
data match pursuant to this paragraph
only to a public housing agency, the
Inspector General of the Department of
Housing and Urban Development, and the
Attorney General in connection with the
administration of a program described
in subparagraph (A). Information
obtained by the Secretary of Housing
and Urban Development pursuant to this
paragraph shall not be made available
under section 552 of title 5, United
States Code.
(iii) Conditions on disclosure.--
Disclosures under this paragraph shall
be--
(I) made in accordance with
data security and control
policies established by the
Secretary of Housing and Urban
Development and approved by the
Secretary;
(II) subject to audit in a
manner satisfactory to the
Secretary; and
(III) subject to the
sanctions under subsection
(l)(2).
(iv) Additional disclosures.--
(I) Determination by
secretaries.--The Secretary of
Housing and Urban Development
and the Secretary shall
determine whether to permit
disclosure of information under
this paragraph to persons or
entities described in subclause
(II), based on an evaluation
made by the Secretary of
Housing and Urban Development
(in consultation with and
approved by the Secretary), of
the costs and benefits of
disclosures made under clause
(ii) and the adequacy of
measures used to safeguard the
security and confidentiality of
information so disclosed.
(II) Permitted persons or
entities.--If the Secretary of
Housing and Urban Development
and the Secretary determine
pursuant to subclause (I) that
disclosures to additional
persons or entities shall be
permitted, information under
this paragraph may be disclosed
by the Secretary of Housing and
Urban Development to a private
owner, a management agent, and
a contract administrator in
connection with the
administration of a program
described in subparagraph (A),
subject to the conditions in
clause (iii) and such
additional conditions as agreed
to by the Secretaries.
(v) Restrictions on redisclosure.--A
person or entity to which information
is disclosed under this subparagraph
may use or disclose such information
only as needed for verifying the
employment and income of individuals
described in subparagraph (A), subject
to the conditions in clause (iii) and
such additional conditions as agreed to
by the Secretaries.
(F) Reimbursement of hhs costs.--The
Secretary of Housing and Urban Development
shall reimburse the Secretary, in accordance
with subsection (k)(3), for the costs incurred
by the Secretary in furnishing the information
requested under this paragraph.
(G) Consent.--The Secretary of Housing and
Urban Development shall not seek, use, or
disclose information under this paragraph
relating to an individual without the prior
written consent of such individual (or of a
person legally authorized to consent on behalf
of such individual).
(8) Information comparisons and disclosure to assist
in administration of unemployment compensation
programs.--
(A) In general.--If, for purposes of
administering an unemployment compensation
program under Federal or State law or
administering the performance accountability
system required under section 116 of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3141), a State agency responsible for
the administration of such program or such
system transmits to the Secretary the names and
social security account numbers of individuals,
the Secretary shall disclose to such State
agency information on such individuals and
their employers maintained in the National
Directory of New Hires, subject to this
paragraph.
(B) Condition on disclosure by the
secretary.--The Secretary shall make a
disclosure under subparagraph (A) only to the
extent that the Secretary determines that the
disclosure would not interfere with the
effective operation of the program under this
part.
(C) Use and disclosure of information by
state agencies.--
(i) In general.--A State agency may
not use or disclose information
provided under this paragraph except
for purposes of administering a program
or system referred to in subparagraph
(A).
(ii) Information security.--The State
agency shall have in effect data
security and control policies that the
Secretary finds adequate to ensure the
security of information obtained under
this paragraph and to ensure that
access to such information is
restricted to authorized persons for
purposes of authorized uses and
disclosures.
(iii) Penalty for misuse of
information.--An officer or employee of
the State agency who fails to comply
with this subparagraph shall be subject
to the sanctions under subsection
(l)(2) to the same extent as if such
officer or employee was an officer or
employee of the United States.
(D) Procedural requirements.--State agencies
requesting information under this paragraph
shall adhere to uniform procedures established
by the Secretary governing information requests
and data matching under this paragraph.
(E) Reimbursement of costs.--The State agency
shall reimburse the Secretary, in accordance
with subsection (k)(3), for the costs incurred
by the Secretary in furnishing the information
requested under this paragraph.
(9) Information comparisons and disclosure to assist
in federal debt collection.--
(A) Furnishing of information by the
secretary of the treasury.--The Secretary of
the Treasury shall furnish to the Secretary, on
such periodic basis as determined by the
Secretary of the Treasury in consultation with
the Secretary, information in the custody of
the Secretary of the Treasury for comparison
with information in the National Directory of
New Hires, in order to obtain information in
such Directory with respect to persons--
(i) who owe delinquent nontax debt to
the United States; and
(ii) whose debt has been referred to
the Secretary of the Treasury in
accordance with 31 U.S.C. 3711(g).
(B) Requirement to seek minimum
information.--The Secretary of the Treasury
shall seek information pursuant to this section
only to the extent necessary to improve
collection of the debt described in
subparagraph (A).
(C) Duties of the secretary.--
(i) Information disclosure.--The
Secretary, in cooperation with the
Secretary of the Treasury, shall
compare information in the National
Directory of New Hires with information
provided by the Secretary of the
Treasury with respect to persons
described in subparagraph (A) and shall
disclose information in such Directory
regarding such persons to the Secretary
of the Treasury in accordance with this
paragraph, for the purposes specified
in this paragraph. Such comparison of
information shall not be considered a
matching program as defined in 5 U.S.C.
552a.
(ii) Condition on disclosure.--The
Secretary shall make disclosures in
accordance with clause (i) only to the
extent that the Secretary determines
that such disclosures do not interfere
with the effective operation of the
program under this part. Support
collection under section 466(b) of this
title shall be given priority over
collection of any delinquent Federal
nontax debt against the same income.
(D) Use of information by the secretary of
the treasury.--The Secretary of the Treasury
may use information provided under this
paragraph only for purposes of collecting the
debt described in subparagraph (A).
(E) Disclosure of information by the
secretary of the treasury.--
(i) Purpose of disclosure.--The
Secretary of the Treasury may make a
disclosure under this subparagraph only
for purposes of collecting the debt
described in subparagraph (A).
(ii) Disclosures permitted.--Subject
to clauses (iii) and (iv), the
Secretary of the Treasury may disclose
information resulting from a data match
pursuant to this paragraph only to the
Attorney General in connection with
collecting the debt described in
subparagraph (A).
(iii) Conditions on disclosure.--
Disclosures under this subparagraph
shall be--
(I) made in accordance with
data security and control
policies established by the
Secretary of the Treasury and
approved by the Secretary;
(II) subject to audit in a
manner satisfactory to the
Secretary; and
(III) subject to the
sanctions under subsection
(l)(2).
(iv) Additional disclosures.--
(I) Determination by
secretaries.--The Secretary of
the Treasury and the Secretary
shall determine whether to
permit disclosure of
information under this
paragraph to persons or
entities described in subclause
(II), based on an evaluation
made by the Secretary of the
Treasury (in consultation with
and approved by the Secretary),
of the costs and benefits of
such disclosures and the
adequacy of measures used to
safeguard the security and
confidentiality of information
so disclosed.
(II) Permitted persons or
entities.--If the Secretary of
the Treasury and the Secretary
determine pursuant to subclause
(I) that disclosures to
additional persons or entities
shall be permitted, information
under this paragraph may be
disclosed by the Secretary of
the Treasury, in connection
with collecting the debt
described in subparagraph (A),
to a contractor or agent of
either Secretary and to the
Federal agency that referred
such debt to the Secretary of
the Treasury for collection,
subject to the conditions in
clause (iii) and such
additional conditions as agreed
to by the Secretaries.
(v) Restrictions on redisclosure.--A
person or entity to which information
is disclosed under this subparagraph
may use or disclose such information
only as needed for collecting the debt
described in subparagraph (A), subject
to the conditions in clause (iii) and
such additional conditions as agreed to
by the Secretaries.
(F) Reimbursement of hhs costs.--The
Secretary of the Treasury shall reimburse the
Secretary, in accordance with subsection
(k)(3), for the costs incurred by the Secretary
in furnishing the information requested under
this paragraph. Any such costs paid by the
Secretary of the Treasury shall be considered
costs of implementing 31 U.S.C. 3711(g) in
accordance with 31 U.S.C. 3711(g)(6) and may be
paid from the account established pursuant to
31 U.S.C. 3711(g)(7).
(10) Information comparisons and disclosure to assist
in administration of supplemental nutrition assistance
program benefits.--
(A) In general.--If, for purposes of
administering a supplemental nutrition
assistance program under the Food and Nutrition
Act of 2008, a State agency responsible for the
administration of the program transmits to the
Secretary the names and social security account
numbers of individuals, the Secretary shall
disclose to the State agency information on the
individuals and their employers maintained in
the National Directory of New Hires, subject to
this paragraph.
(B) Condition on disclosure by the
secretary.--The Secretary shall make a
disclosure under subparagraph (A) only to the
extent that the Secretary determines that the
disclosure would not interfere with the
effective operation of the program under this
part.
(C) Use and disclosure of information by
state agencies.--
(i) In general.--A State agency may
not use or disclose information
provided under this paragraph except
for purposes of administering a program
referred to in subparagraph (A).
(ii) Information security.--The State
agency shall have in effect data
security and control policies that the
Secretary finds adequate to ensure the
security of information obtained under
this paragraph and to ensure that
access to such information is
restricted to authorized persons for
purposes of authorized uses and
disclosures.
(iii) Penalty for misuse of
information.--An officer or employee of
the State agency who fails to comply
with this subparagraph shall be subject
to the sanctions under subsection
(l)(2) to the same extent as if the
officer or employee were an officer or
employee of the United States.
(D) Procedural requirements.--State agencies
requesting information under this paragraph
shall adhere to uniform procedures established
by the Secretary governing information requests
and data matching under this paragraph.
(E) Reimbursement of costs.--The State agency
shall reimburse the Secretary, in accordance
with subsection (k)(3), for the costs incurred
by the Secretary in furnishing the information
requested under this paragraph.
(11) Information comparisons and disclosures to
assist in administration of certain veterans
benefits.--
(A) Furnishing of information by secretary of
veterans affairs.--Subject to the provisions of
this paragraph, the Secretary of Veterans
Affairs shall furnish to the Secretary, on such
periodic basis as determined by the Secretary
of Veterans Affairs in consultation with the
Secretary, information in the custody of the
Secretary of Veterans Affairs for comparison
with information in the National Directory of
New Hires, in order to obtain information in
such Directory with respect to individuals who
are applying for or receiving--
(i) needs-based pension benefits
provided under chapter 15 of title 38,
United States Code, or under any other
law administered by the Secretary of
Veterans Affairs;
(ii) parents' dependency and
indemnity compensation provided under
section 1315 of title 38, United States
Code;
(iii) health care services furnished
under subsections (a)(2)(G), (a)(3), or
(b) of section 1710 of title 38, United
States Code; or
(iv) compensation paid under chapter
11 of title 38, United States Code, at
the 100 percent rate based solely on
unemployability and without regard to
the fact that the disability or
disabilities are not rated as 100
percent disabling under the rating
schedule.
(B) Requirement to seek minimum
information.--The Secretary of Veterans Affairs
shall seek information pursuant to this
paragraph only to the extent necessary to
verify the employment and income of individuals
described in subparagraph (A).
(C) Duties of the secretary.--
(i) Information disclosure.--The
Secretary, in cooperation with the
Secretary of Veterans Affairs, shall
compare information in the National
Directory of New Hires with information
provided by the Secretary of Veterans
Affairs with respect to individuals
described in subparagraph (A), and
shall disclose information in such
Directory regarding such individuals to
the Secretary of Veterans Affairs, in
accordance with this paragraph, for the
purposes specified in this paragraph.
(ii) Condition on disclosure.--The
Secretary shall make disclosures in
accordance with clause (i) only to the
extent that the Secretary determines
that such disclosures do not interfere
with the effective operation of the
program under this part.
(D) Use of information by secretary of
veterans affairs.--The Secretary of Veterans
Affairs may use information resulting from a
data match pursuant to this paragraph only--
(i) for the purposes specified in
subparagraph (B); and
(ii) after removal of personal
identifiers, to conduct analyses of the
employment and income reporting of
individuals described in subparagraph
(A).
(E) Reimbursement of hhs costs.--The
Secretary of Veterans Affairs shall reimburse
the Secretary, in accordance with subsection
(k)(3), for the costs incurred by the Secretary
in furnishing the information requested under
this paragraph.
(F) Consent.--The Secretary of Veterans
Affairs shall not seek, use, or disclose
information under this paragraph relating to an
individual without the prior written consent of
such individual (or of a person legally
authorized to consent on behalf of such
individual).
(G) Expiration of authority.--The authority
under this paragraph shall be in effect as
follows:
(i) During the period beginning on
December 26, 2007, and ending on
November 18, 2011.
(ii) During the period beginning on
the date of the enactment of the
Department of Veterans Affairs Expiring
Authorities Act of 2013 and ending 180
days after that date.
(k) Fees.--
(1) For ssa verification.--The Secretary shall
reimburse the Commissioner of Social Security, at a
rate negotiated between the Secretary and the
Commissioner, for the costs incurred by the
Commissioner in performing the verification services
described in subsection (j).
(2) For information from state directories of new
hires.--The Secretary shall reimburse costs incurred by
State directories of new hires in furnishing
information as required by section 453A(g)(2), at rates
which the Secretary determines to be reasonable (which
rates shall not include payment for the costs of
obtaining, compiling, or maintaining such information).
(3) For information furnished to state and federal
agencies.--A State or Federal agency that receives
information from the Secretary pursuant to this section
or section 452(m) shall reimburse the Secretary for
costs incurred by the Secretary in furnishing the
information, at rates which the Secretary determines to
be reasonable (which rates shall include payment for
the costs of obtaining, verifying, maintaining, and
comparing the information).
(l) Restriction on Disclosure and Use.--
(1) In general.--Information in the Federal Parent
Locator Service, and information resulting from
comparisons using such information, shall not be used
or disclosed except as expressly provided in this
section, subject to section 6103 of the Internal
Revenue Code of 1986.
(2) Penalty for misuse of information in the national
directory of new hires.--The Secretary shall require
the imposition of an administrative penalty (up to and
including dismissal from employment), and a fine of
$1,000, for each act of unauthorized access to,
disclosure of, or use of, information in the National
Directory of New Hires established under subsection (i)
by any officer or employee of the United States or any
other person who knowingly and willfully violates this
paragraph.
(m) Information Integrity and Security.--The Secretary shall
establish and implement safeguards with respect to the entities
established under this section designed to--
(1) ensure the accuracy and completeness of
information in the Federal Parent Locator Service; and
(2) restrict access to confidential information in
the Federal Parent Locator Service to authorized
persons, and restrict use of such information to
authorized purposes.
(n) Federal Government Reporting.--Each department, agency,
and instrumentality of the United States shall on a quarterly
basis report to the Federal Parent Locator Service the name and
social security number of each employee and the wages paid to
the employee during the previous quarter, except that such a
report shall not be filed with respect to an employee of a
department, agency, or instrumentality performing intelligence
or counterintelligence functions, if the head of such
department, agency, or instrumentality has determined that
filing such a report could endanger the safety of the employee
or compromise an ongoing investigation or intelligence mission.
(o) Use of Set-Aside Funds.--Out of any money in the Treasury
of the United States not otherwise appropriated, there is
hereby appropriated to the Secretary for each fiscal year an
amount equal to 2 percent of the total amount paid to the
Federal Government pursuant to a plan approved under this part
during the immediately preceding fiscal year (as determined on
the basis of the most recent reliable data available to the
Secretary as of the end of the third calendar quarter following
the end of such preceding fiscal year) or the amount
appropriated under this paragraph for fiscal year 2002,
whichever is greater, which shall be available for use by the
Secretary, either directly or through grants, contracts, or
interagency agreements, for operation of the Federal Parent
Locator Service under this section, to the extent such costs
are not recovered through user fees. Amounts appropriated under
this subsection shall remain available until expended.
(p) Support Order Defined.--As used in this part, the term
``support order'' means a judgment, decree, or order, whether
temporary, final, or subject to modification, issued by a court
or an administrative agency of competent jurisdiction, for the
support and maintenance of a child, including a child who has
attained the age of majority under the law of the issuing
State, or of the parent with whom the child is living, which
provides for monetary support, health care, arrearages, or
reimbursement, and which may include related costs and fees,
interest and penalties, income withholding, attorneys' fees,
and other relief.
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