H.R. 7309, Workforce Innovation and Opportunity Act of 2022
Summary
H.R. 7309, an Act to reauthorize the Workforce Innovation and Opportunity Act, as received in the Senate of the United States, read twice and referred to the Committee on Health, Education, Labor, and Pensions. The text states that it was passed by the House of Representatives on May 17, 2022. It is cited as the Workforce Innovation and Opportunity Act of 2022. Its early provisions cover references to sections of the existing Act and transition provisions directing the Secretary of Labor and the Secretary of Education on the orderly transition of workforce development systems and adult education and literacy programs.
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Cite this document
“H.R. 7309, Workforce Innovation and Opportunity Act of 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr7309rfs-bills-117hr7309rfs/
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IIB
117TH CONGRESS
2D SESSION
H. R. 7309
IN THE SENATE OF THE UNITED STATES
MAY 18 (legislative day, MAY 17), 2022
Received; read twice and referred to the Committee on Health, Education,
Labor, and Pensions
AN ACT
To reauthorize the Workforce Innovation and Opportunity
Act.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘Workforce Innovation
3 and Opportunity Act of 2022’’.
4 SEC. 2. REFERENCES.
5 Except as otherwise expressly provided, whenever in
6 this Act an amendment or repeal is expressed in terms
7 of an amendment to, or repeal of, a section or other provi-
8 sion, the reference shall be considered to be made to a
9 section or other provision of the Workforce Innovation and
10 Opportunity Act (29 U.S.C. 3101 et seq.).
11 SEC. 3. TRANSITION PROVISIONS.
12 (a) WORKFORCE DEVELOPMENT SYSTEMS AND IN-
13 VESTMENT ACTIVITIES.—The Secretary of Labor and the
14 Secretary of Education shall take such actions as the Sec-
15 retaries determine to be appropriate to provide for the or-
16 derly transition from any authority under subtitle A of
17 title I of the Workforce Innovation and Opportunity Act
18 (29 U.S.C. 3111 et seq.), as in effect on the day before
19 the date of enactment of this Act, to any authority under
20 subtitle A of title I of such Act (29 U.S.C. 3111 et seq.),
21 as amended by this Act. Such actions shall include the
22 provision of guidance related to unified State planning,
23 combined State planning, and the performance account-
24 ability system described in such subtitle.
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25 (b) WORKFORCE INVESTMENT ACTIVITIES.—The
26 Secretary of Labor shall take such actions as the Sec-
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1 retary determines to be appropriate to provide for the or-
2 derly transition from any authority under the subtitles B
3 through E of title I of the Workforce Innovation and Op-
4 portunity Act (29 U.S.C. 3151 et seq.), as in effect on
5 the day before the date of enactment of this Act, to any
6 authority under subtitles B through E of title I of such
7 Act, as amended by this Act.
8 (c) ADULT EDUCATION AND LITERACY PROGRAMS.—
9 The Secretary of Education shall take such actions as the
10 Secretary determines to be appropriate to provide for the
11 orderly transition from any authority under the Adult
12 Education and Family Literacy Act (20 U.S.C. 9201 et
13 seq.), as in effect on the day before the date of enactment
14 of this Act, to any authority under the Adult Education
15 and Family Literacy Act, as amended by this Act.
16 (d) EMPLOYMENT SERVICES ACTIVITIES.—The Sec-
17 retary of Labor shall take such actions as the Secretary
18 determines to be appropriate to provide for the orderly
19 transition from any authority under the Wagner-Peyser
20 Act (29 U.S.C. 49 et seq.), as in effect on the day before
21 the date of enactment of this Act, to any authority under
22 the Wagner-Peyser Act, as amended by this Act.
23 (e) REGULATIONS.—
24 (1) PROPOSED REGULATIONS.—Not later than
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25 240 days after the date of enactment of this Act, the
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1 Secretary of Labor and the Secretary of Education,
2 as appropriate, shall develop and publish in the Fed-
3 eral Register proposed regulations relating to the
4 transition to, and implementation of, the Workforce
5 Innovation and Opportunity Act, as amended by this
6 Act, and the Wagner-Peyser Act, as amended by this
7 Act.
8 (2) FINAL REGULATIONS.—Not later than 24
9 months after the date of enactment of this Act, the
10 Secretaries described in paragraph (1), as appro-
11 priate, shall develop and publish in the Federal Reg-
12 ister final regulations relating to the transition to,
13 and implementation of, the Workforce Innovation
14 and Opportunity Act, as amended by this Act, and
15 the Wagner-Peyser Act, as amended by this Act.
16 (f) EXPENDITURE OF FUNDS DURING TRANSI-
17 TION.—
18 (1) IN GENERAL.—Subject to paragraph (2)
19 and in accordance with regulations developed under
20 subsection (f), States, grant recipients, administra-
21 tive entities, and other recipients of financial assist-
22 ance under the Workforce Innovation and Oppor-
23 tunity Act (29 U.S.C. 3101 et seq.), as in effect be-
24 fore the date of enactment of this Act, may expend
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25 funds received under such Act in order to plan and
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1 implement programs and activities under the Work-
2 force Innovation and Opportunity Act, as amended
3 by this Act.
4 (2) ADDITIONAL REQUIREMENTS.—Not more
5 than 2 percent of any allotment to any State from
6 amounts appropriated under the Workforce Innova-
7 tion and Opportunity Act (29 U.S.C. 3101 et seq.),
8 as in effect on the day before the date of enactment
9 of this Act, for fiscal year 2022 may be made avail-
10 able to carry out activities authorized under para-
11 graph (1) and not less than 50 percent of any
12 amount used to carry out activities authorized under
13 paragraph (1) shall be made available to local enti-
14 ties for the purposes of the activities described in
15 such paragraph.
16 SEC. 4. EFFECTIVE DATE.
17 (a) IN GENERAL.—Except as otherwise provided in
18 this Act, this Act, including the amendments made by this
19 Act, shall take effect on the first day of the first full pro-
20 gram year after the date of enactment of this Act.
21 (b) EXCEPTIONS.—Sections 102, 103, and 108 of the
22 Workforce Innovation and Opportunity Act, as amended
23 by this Act, shall apply to plans for the second full pro-
24 gram year after the date of enactment of this Act, includ-
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1 ing the development, submission, and approval of such
2 plans during the first full program year after such date.
3 SEC. 5. TABLE OF CONTENTS.
4 The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. References.
Sec. 3. Transition provisions.
Sec. 4. Effective date.
Sec. 5. Table of contents.
TITLE I—DEFINITIONS AND OTHER GENERAL MATTERS
Sec. 101. Definitions.
Sec. 102. WIOA table of contents.
TITLE II—WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A—System Alignment
CHAPTER 1—STATE PROVISIONS
Sec. 201. State workforce development boards.
Sec. 202. Unified State plan.
Sec. 203. Combined State plan.
CHAPTER 2—LOCAL PROVISIONS
Sec. 206. Workforce development areas.
Sec. 207. Local workforce development boards.
Sec. 208. Local plan.
CHAPTER 3—PERFORMANCE ACCOUNTABILITY
Sec. 211. Performance accountability system.
Subtitle B—Workforce Investment Activities and Providers
CHAPTER 1—WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS
Sec. 221. Establishment of one-stop delivery systems.
Sec. 222. Identification of eligible providers of training services.
CHAPTER 2—YOUTH WORKFORCE INVESTMENT ACTIVITIES
Sec. 231. State allotments.
Sec. 232. Within State allocations.
Sec. 233. Use of funds for youth workforce investment activities.
Sec. 234. Summer and year-round employment for youth.
Sec. 235. Youth workforce development programs for high-demand occupations.
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CHAPTER 3—ADULT AND DISLOCATED WORKER EMPLOYMENT AND
TRAINING ACTIVITIES
Sec. 241. Within State allocations.
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Sec. 242. Use of funds for employment and training activities.
Sec. 243. Adult workforce development programs for high-demand occupations.
CHAPTER 4—GENERAL WORKFORCE INVESTMENT PROVISIONS
Sec. 251. Authorization of appropriations.
Subtitle C—Job Corps
Sec. 261. Amendments relating to Job Corps.
Subtitle D—National Programs
Sec. 271. Native American Programs.
Sec. 272. Migrant and seasonal farmworker programs.
Sec. 273. Technical assistance.
Sec. 274. Evaluations and research.
Sec. 275. National dislocated worker grants.
Sec. 276. YouthBuild program.
Sec. 277. Strengthening community colleges training grants program.
Sec. 278. Reentry employment opportunities.
Sec. 279. Sectoral employment through career training for occupational readi-
ness (sector) program.
Sec. 280. Workforce Data Quality Initiative Grants.
Sec. 281. Improving approaches for communities to thrive (IMPACT) grants.
Sec. 282. Authorization of appropriations.
Sec. 283. National study of Federal program access for job-seekers.
Subtitle E—Administration
Sec. 291. Labor standards.
Sec. 292. Nondiscrimination.
Sec. 293. Secretarial administrative authorities and responsibilities.
Sec. 294. Guard rails for program integrity.
TITLE III—ADULT EDUCATION AND FAMILY LITERACY
Sec. 301. Family literacy.
Sec. 302. Purpose.
Sec. 303. Definitions.
Sec. 304. Authorization of appropriations.
Sec. 305. Performance accountability system.
Sec. 306. State distribution of funds; matching requirement.
Sec. 307. State leadership activities.
Sec. 308. Grants and contracts for eligible providers.
Sec. 309. Local administrative cost limits.
Sec. 310. Administrative provisions.
Sec. 311. National leadership activities.
Sec. 312. Integrated English literacy and civics education.
Sec. 313. Technical corrections to other laws.
TITLE IV—GENERAL PROVISIONS
Sec. 401. Prohibition of national database management.
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Sec. 402. Accessibility.
Sec. 403. STEM education for girls and women.
Sec. 404. Applications from HBCUs and other minority-serving institutions.
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TITLE V—AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 501. Inclusion of Commonwealth of the Northern Mariana Islands and
American Samoa.
Sec. 502. Merit system employees.
Sec. 503. Workforce and labor market information system.
TITLE VI—AMENDMENTS TO THE REHABILITATION ACT OF 1973
Sec. 601. Authorization of appropriations.
TITLE VII—REPORT ON CHALLENGES OF UNEMPLOYED AND
LOW-INCOME AMERICAN INDIANS, ALASKA NATIVES, AND NA-
TIVE HAWAIIANS IN LABOR MARKET
Sec. 701 Report on challenges of unemployed and low-income American Indi-
ans, Alaska Natives, and Native Hawaiians in labor market.
1 TITLE I—DEFINITIONS AND
2 OTHER GENERAL MATTERS
3 SEC. 101. DEFINITIONS.
4 (a) FOUNDATIONAL SKILL NEEDS.—Paragraph (5)
5 of section 3 (29 U.S.C. 3102) is amended to read as fol-
6 lows:
7 ‘‘(5) FOUNDATIONAL SKILL NEEDS.—The term
8 ‘foundational skill needs’ means, with respect to an
9 individual—
10 ‘‘(A) who is a youth or adult, that the indi-
11 vidual has English reading, writing, or com-
12 puting skills at or below the 8th grade level on
13 a generally accepted standardized test; or
14 ‘‘(B) who is a youth or adult, that the in-
15 dividual is unable to compute or solve problems,
16 or read, write, or speak English, or does not
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17 possess digital literacy, interpersonal commu-
18 nication, time management, critical thinking, or
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1 financial literacy skills at a level necessary to
2 function on the job, in the individual’s family,
3 or in society.’’.
4 (b) CAREER PATHWAY.—Paragraph (7) of section 3
5 (29 U.S.C. 3102) is amended to read as follows:
6 ‘‘(7) CAREER PATHWAY.—The term ‘career
7 pathway’ means a combination of rigorous and high-
8 quality education, training, and other services that—
9 ‘‘(A) are designed to support progression
10 towards attainment of one or more recognized
11 postsecondary credentials;
12 ‘‘(B) align with the skill needs of indus-
13 tries in the economy of the State or regional
14 economy involved;
15 ‘‘(C) include multiple entry and exit points;
16 ‘‘(D) prepare an individual to be successful
17 in any of a full range of secondary or postsec-
18 ondary education options, including apprentice-
19 ship programs;
20 ‘‘(E) provide career services, including
21 counseling to support an individual in achieving
22 the individual’s education and career goals, and
23 helping the individual to identify and access a
24 path to skills and credentials that are needed
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1 for the educational and career advancement of
2 the individual;
3 ‘‘(F) include supportive services or pro-
4 vides assistance in applying for and accessing
5 direct support services, means-tested Federal
6 benefit programs, or similar State, tribal, or
7 local benefit programs;
8 ‘‘(G) include, as appropriate, education of-
9 fered concurrently with and in the same context
10 as workforce preparation activities and training
11 for a specific occupation or occupational cluster
12 (such as through work-based learning opportu-
13 nities);
14 ‘‘(H) organize education, training, and
15 other services to meet the particular needs of
16 an individual in a manner that accelerates the
17 educational and career advancement of the indi-
18 vidual to the extent practicable;
19 ‘‘(I) enable an individual to attain a sec-
20 ondary school diploma or its recognized equiva-
21 lent as applicable, and at least 1 recognized
22 postsecondary credential; and
23 ‘‘(J) help an individual enter or advance
24 within a specific occupation or occupational
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25 cluster, which may include obtaining additional
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1 recognized postsecondary credentials as nec-
2 essary for such entry or advancement.’’;
3 (c) DISLOCATED WORKER.—Paragraph (15) of sec-
4 tion 3 (29 U.S.C. 3102) is amended—
5 (1) in subparagraph (A)—
6 (A) in clause (i), by adding ‘‘and’’ at the
7 end;
8 (B) in clause (ii)—
9 (i) in subclause (I), by striking ‘‘or’’
10 at the end;
11 (ii) in subclause (II), by striking
12 ‘‘and’’ at the end and inserting ‘‘or’’; and
13 (iii) by adding at the end the fol-
14 lowing:
15 ‘‘(III) has been an unemployed individual
16 for 27 weeks or more;’’; and
17 (C) by striking clause (iii);
18 (2) by redesignating subparagraphs (D) and
19 (E) as subparagraphs (E) and (F), respectively; and
20 (3) by adding after subparagraph (C) the fol-
21 lowing:
22 ‘‘(D)(i) is currently experiencing difficulty
23 in obtaining or upgrading sufficient work; and
24 ‘‘(ii) does not have sufficient work history
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25 to qualify, or otherwise would not qualify, for
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1 regular unemployment or extended benefits
2 under State or Federal law;’’; and
3 (4) in subparagraph (E), as so redesignated, by
4 striking ‘‘homemaker’’ and inserting ‘‘caregiver’’.
5 (d) DISPLACED CAREGIVER.—Paragraph (16) of sec-
6 tion 3 (29 U.S.C. 3102) is amended—
7 (1) in the heading, by striking ‘‘HOMEMAKER’’
8 and inserting ‘‘CAREGIVER’’;
9 (2) in the matter preceding subparagraph (A)—
10 (A) by striking ‘‘homemaker’’ and insert-
11 ing ‘‘caregiver’’;
12 (B) by striking ‘‘family members’’ and in-
13 serting ‘‘a family member’’;
14 (3) in subparagraph (A)—
15 (A) in clause (i), by striking ‘‘or’’ at the
16 end;
17 (B) in clause (ii), by striking ‘‘and’’ at the
18 end and inserting ‘‘or’’; and
19 (C) by adding at the end the following:
20 ‘‘(iii) has involuntarily left the labor mar-
21 ket to provide care for a relative or dependent,
22 which may be validated through self-attestation
23 in a manner consistent with section 402A(e) of
24 the Higher Education Act of 1965 (20 U.S.C.
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25 1070a–11(e)); and’’.
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1 (e) ELIGIBLE YOUTH.—Paragraph (18) of section 3
2 (29 U.S.C. 3102) is amended to read as follows:
3 ‘‘(18) ELIGIBLE YOUTH.—Except as provided
4 in subtitles C and D of title I, the term ‘eligible
5 youth’ means—
6 ‘‘(A) an opportunity youth; or
7 ‘‘(B) a youth who is not younger than 14
8 years of age and not older than 24 years of age,
9 who can self-attest, in a manner consistent with
10 section 402A(e) of the Higher Education Act of
11 1965 (20 U.S.C. 1070a–11(e)), that the
12 youth—
13 ‘‘(i) is attending school (as defined by
14 State law);
15 ‘‘(ii) is a low-income individual; and
16 ‘‘(iii) is one or more of the following:
17 ‘‘(I) An English learner.
18 ‘‘(II) An individual impacted by
19 the juvenile or adult justice system.
20 ‘‘(III) A homeless individual (as
21 defined in section 41403(6) of the Vi-
22 olence Against Women Act of 1994
23 (42 U.S.C. 14043e–2(6))), a homeless
24 child or youth (as defined in section
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25 725(2) of the McKinney-Vento Home-
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1 less Assistance Act (42 U.S.C.
2 11434a(2))), a runaway, a child or
3 youth in foster care or who has aged
4 out of the foster care system, a child
5 or youth eligible for assistance under
6 section 477 of the Social Security Act
7 (42 U.S.C. 677), or a child or youth
8 in an out-of-home placement.
9 ‘‘(IV) An individual who is preg-
10 nant or parenting.
11 ‘‘(V) An individual with a dis-
12 ability.
13 ‘‘(VI) An individual with
14 foundational skill needs.
15 ‘‘(VII) An individual at-risk of
16 academic failure by being at least 1
17 year behind the expected grade level
18 for the age of the individual.
19 ‘‘(VIII) An individual who has
20 dropped out of school in the past or
21 has a higher rate of absenteeism than
22 the peers of the individual.’’.
23 (f) ENGLISH LEARNER.—Paragraph (21) of section
24 3 (29 U.S.C. 3102) is amended—
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1 (1) in the heading, by striking ‘‘LANGUAGE’’;
2 and
3 (2) by striking ‘‘language’’.
4 (g) INDIVIDUAL WITH A BARRIER TO EMPLOY-
5 MENT.—Paragraph (24) of section 3 (29 U.S.C. 3102) is
6 amended to read as follows:
7 ‘‘(24) INDIVIDUAL WITH A BARRIER TO EM-
8 PLOYMENT.—The term ‘individual with a barrier to
9 employment’ means a member of 1 or more of the
10 following populations:
11 ‘‘(A) Displaced caregivers.
12 ‘‘(B) Low-income individuals.
13 ‘‘(C) Indians, Alaska Natives, and Native
14 Hawaiians, as such terms are defined in section
15 166.
16 ‘‘(D) Individuals with disabilities, including
17 youth who are individuals with disabilities.
18 ‘‘(E) Older individuals.
19 ‘‘(F) Justice-involved individuals.
20 ‘‘(G) Homeless individuals (as defined in
21 section 41403(6) of the Violence Against
22 Women Act of 1994 (42 U.S.C. 14043e–2(6))),
23 or homeless children and youths (as defined in
24 section 725(2) of the McKinney-Vento Home-
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25 less Assistance Act (42 U.S.C. 11434a(2))).
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1 ‘‘(H) Youth who are in or have aged out
2 of the foster care system.
3 ‘‘(I) Individuals who are English learners,
4 individuals who have low levels of literacy in-
5 cluding digital literacy, or individuals facing
6 substantial cultural barriers.
7 ‘‘(J) Eligible migrant and seasonal farm-
8 workers, as defined in section 167(i).
9 ‘‘(K) Individuals who exhausted lifetime
10 eligibility under part A of title IV of the Social
11 Security Act (42 U.S.C. 601 et seq.).
12 ‘‘(L) Single parents (including single preg-
13 nant women).
14 ‘‘(M) Long-term unemployed individuals.
15 ‘‘(N) The spouse of, or youth with a par-
16 ent who is—
17 ‘‘(i) a member of the armed forces (as
18 such term is defined in section 101(a)(4)
19 of title 10, United States Code);
20 ‘‘(ii) on active duty (as such term is
21 defined in section 101(d)(1) of such title);
22 and
23 ‘‘(iii) deployed or recently transferred.
24 ‘‘(O) Individuals who have been historically
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1 race, color, national origin, sexual orientation,
2 or gender identity.
3 ‘‘(P) Such other groups as the Governor
4 involved determines to have barriers to employ-
5 ment.’’.
6 (h) INDUSTRY OR SECTOR PARTNERSHIP.—Para-
7 graph (26)(A)(ii) of section 3 (29 U.S.C. 3102) is amend-
8 ed by striking ‘‘as appropriate’’ and inserting ‘‘to the ex-
9 tent practicable’’.
10 (i) LABOR MARKET AREA.—Paragraph (30) of sec-
11 tion 3 (29 U.S.C. 3102) is amended by inserting ‘‘and
12 the economic development agency’’ after ‘‘Department of
13 Labor’’.
14 (j) LOW-INCOME INDIVIDUAL.—Paragraph (36) of
15 section 3 (29 U.S.C. 3102) is amended—
16 (1) in subparagraph (A)—
17 (A) by amending subclause (I) of clause
18 (ii) to read as follows:
19 ‘‘(I) 150 percent of the poverty
20 line (exclusive of unemployment com-
21 pensation, child support payments,
22 payments described in this subpara-
23 graph, and old-age and survivors in-
24 surance benefits received under sec-
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1 tion 202 of the Social Security Act
2 (42 U.S.C. 402)); or’’;
3 (B) in clause (v), by striking ‘‘or’’ at the
4 end;
5 (C) in clause (vi), by striking the period at
6 the end and inserting a semicolon; and
7 (D) by adding at the end the following:
8 ‘‘(vii) is a youth living in a high-pov-
9 erty area; or
10 ‘‘(viii) is a migrant farmworker or
11 seasonal farmworker.’’; and
12 (2) in subparagraph (B), by striking ‘‘based on
13 the most recent lower living family budget issued by
14 the Secretary’’.
15 (k) NONTRADITIONAL EMPLOYMENT.—Paragraph
16 (37) of section 3 (29 U.S.C. 3102) is amended to read
17 as follows:
18 ‘‘(37) NONTRADITIONAL EMPLOYMENT.—The
19 term ‘nontraditional employment’ refers to occupa-
20 tions or fields of work, for which a group of individ-
21 uals (such as individuals from the same gender,
22 race, or ethnicity), the members of which—
23 ‘‘(A) comprise less than 25 percent of the
24 individuals employed in each such occupation or
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1 ‘‘(B) comprise a percentage of individuals
2 employed in such occupation that is lower than
3 the percentage of the total population com-
4 prised by such members, based on the most re-
5 cent data from the Bureau of the Census.’’.
6 (l) JUSTICE-INVOLVED INDIVIDUAL.—Paragraph
7 (38) of section 3 (29 U.S.C. 3102) is amended—
8 (1) in the heading, by striking ‘‘OFFENDER’’
9 and inserting ‘‘JUSTICE-INVOLVED INDIVIDUAL’’;
10 and
11 (2) by striking ‘‘offender’’ and inserting ‘‘jus-
12 tice-involved individual’’.
13 (m) OPPORTUNITY YOUTH.—Paragraph (46) of sec-
14 tion 3 (29 U.S.C. 3102) is amended to read as follows:
15 ‘‘(46) OPPORTUNITY YOUTH.—The term ‘op-
16 portunity youth’—
17 ‘‘(A) means an individual—
18 ‘‘(i) who is not younger than 16 years
19 of age and not older than 24 years of age;
20 and
21 ‘‘(ii) who can self-attest to a one-stop
22 operator or one-stop center, in a manner
23 consistent with section 402A(e) of the
24 Higher Education Act of 1965 (20 U.S.C.
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25 1070a–11(e)) that the individual is—
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1 ‘‘(I) not attending any school (as
2 defined under State law); and
3 ‘‘(II) not employed or under-
4 employed; and
5 ‘‘(B) except in the case of an individual
6 who is a low-income individual and has
7 foundational skill needs, does not include any
8 individual who is a recipient of a secondary
9 school diploma or its recognized equivalent.’’.
10 (n) RAPID RESPONSE ACTIVITY.—Paragraph (51) of
11 section 3 (29 U.S.C. 3102) is amended by inserting ‘‘in
12 a job position of similar wages and benefits, to the great-
13 est extent possible, or on the job training for a new occu-
14 pation or industry,’’ after ‘‘reemployment’’.
15 (o) STATE.—Paragraph (56) of section 3 (29 U.S.C.
16 3102) is amended by striking ‘‘the Commonwealth of’’.
17 (p) SUPPORTIVE SERVICES.—Paragraph (59) of sec-
18 tion 3 (29 U.S.C. 3102) is amended to read as follows:
19 ‘‘(59) SUPPORTIVE SERVICES.—The term ‘sup-
20 portive services’ means services such as transpor-
21 tation, child care, dependent care, housing, food and
22 nutrition services, mental health care supports, sub-
23 stance use disorder treatment, access to broadband,
24 affordable internet connection, or digital devices with
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25 connection to the internet, assistive technology, and
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1 needs-related payments, that are necessary to enable
2 an individual to participate in workforce develop-
3 ment activities.’’.
4 (q) ADDITIONAL DEFINITIONS.—Section 3 (29
5 U.S.C. 3102), as amended by this section, is further
6 amended—
7 (1) by adding at the end the following new
8 paragraphs:
9 ‘‘(72) APPRENTICESHIP PROGRAM.—The term
10 ‘apprenticeship program’ means a program reg-
11 istered under the Act of August 16, 1937 (commonly
12 known as the ‘National Apprenticeship Act’; 50
13 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
14 ‘‘(73) COENROLLMENT.—The term ‘coenroll-
15 ment’ means simultaneous enrollment in more than
16 one of the programs or activities carried out by a
17 one-stop partner in section 121(b)(1)(B).
18 ‘‘(74) COMPETENCY.—The term ‘competency’
19 means the attainment of knowledge, skills, and abili-
20 ties in a subject area, as specified by an occupa-
21 tional skill standard and demonstrated by an appro-
22 priate written, oral, hands-on, or other appropriate
23 proficiency measurement.
24 ‘‘(75) DIGITAL LITERACY SKILLS.—The term
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1 term in section 202(A) of the Museum and Library
2 Services Act (20 U.S.C. 9101(2)).
3 ‘‘(76) EVIDENCE-BASED.—The term ‘evidence-
4 based’, when used with respect to an activity, strat-
5 egy, or intervention, means an activity, strategy or
6 intervention that—
7 ‘‘(A) demonstrates a statistically signifi-
8 cant effect on improving participant outcomes
9 or other relevant outcomes based on—
10 ‘‘(i) strong evidence from at least 1
11 well-designed and well-implemented experi-
12 mental study;
13 ‘‘(ii) moderate evidence from at least
14 1 well-designed and well-implemented
15 quasi-experimental study; or
16 ‘‘(iii) promising evidence from at least
17 1 well-designed and well-implemented cor-
18 relational study with statistical controls for
19 selection bias; or
20 ‘‘(B)(i) demonstrates a rationale based on
21 high-quality research findings or positive eval-
22 uation that such activity, strategy, or interven-
23 tion is likely to improve student outcomes or
24 other relevant outcomes; and
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1 ‘‘(ii) includes ongoing efforts to examine
2 the effects of such activity, strategy, or inter-
3 vention.
4 ‘‘(77) LABOR ORGANIZATION.—The term ‘labor
5 organization’ has the meaning given the term in sec-
6 tion 2(5) of the National Labor Relations Act (29
7 U.S.C. 152(5)), except that such term shall also in-
8 clude—
9 ‘‘(A) any organization composed of labor
10 organizations, such as a labor union federation
11 or a State or municipal labor body; and
12 ‘‘(B) any organization which would be in-
13 cluded in the definition for such term under
14 such section 2(5) but for the fact that the orga-
15 nization represents—
16 ‘‘(i) individuals employed by the
17 United States, any wholly owned Govern-
18 ment corporation, any Federal Reserve
19 Bank, or any State or political subdivision
20 thereof;
21 ‘‘(ii) individuals employed by persons
22 subject to the Railway Labor Act (45 25
23 U.S.C. 151 et seq.); or
24 ‘‘(iii) individuals employed as agricul-
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25 tural laborers.
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1 ‘‘(78) MIGRANT AND SEASONAL FARM-
2 WORKERS.—
3 ‘‘(A) IN GENERAL.—The term ‘migrant
4 and seasonal farmworkers’ means individuals
5 who are migrant farmworkers or seasonal farm-
6 workers.
7 ‘‘(B) MIGRANT FARMWORKER.—The term
8 ‘migrant farmworker’ means a seasonal farm-
9 worker whose agricultural labor requires travel
10 to a job site such that the farmworker is not
11 reasonably able to return to a permanent place
12 of residence within the same day.
13 ‘‘(C) SEASONAL FARMWORKER.—The term
14 ‘seasonal farmworker’ means an individual who
15 is employed, or was employed in the past 12
16 months, in farmwork of a seasonal or other
17 temporary nature.
18 ‘‘(79) PERKINS-ELIGIBLE AGENCY.—The term
19 ‘Perkins-eligible agency’ has the meaning given the
20 term ‘eligible agency’ in section 3 of the Carl D.
21 Perkins Career and Technical Education Act of
22 2006 (20 U.S.C. 2302).
23 ‘‘(80) PRE-APPRENTICESHIP PROGRAM.—The
24 term ‘pre-apprenticeship program’ means a training
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25 model or program that—
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1 ‘‘(A) is designed to prepare participants to
2 enter an apprenticeship program;
3 ‘‘(B) has a written agreement with 1 or
4 more sponsors of apprenticeship programs that
5 would enable participants who successfully com-
6 plete the pre-apprenticeship program—
7 ‘‘(i) to enter into the apprenticeship
8 program if a place in the program is avail-
9 able and if the participant meets the quali-
10 fications of the apprenticeship program;
11 and
12 ‘‘(ii) to earn credits towards the ap-
13 prenticeship program;
14 ‘‘(C) includes skills development (including
15 a curriculum for the skills development) aligned
16 with industry standards related to an appren-
17 ticeship program created in consultation with
18 sponsors of the apprenticeship program that are
19 parties to the written agreement under subpara-
20 graph (B), and that will prepare participants by
21 teaching the skills and competencies needed to
22 enter 1 or more apprenticeship programs; and
23 ‘‘(D) does not displace a paid employee.
24 ‘‘(81) WORK-BASED LEARNING.—The term
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25 ‘work-based learning’ has the meaning given the
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1 term in section 3 of the Carl D. Perkins Career and
2 Technical Education Act of 2006 (20 U.S.C. 2302).
3 ‘‘(82) WORKFORCE AGENCY.—The term ‘work-
4 force agency’ means the State agency, local agency,
5 or nonprofit entity responsible for administering
6 workforce development activities or the workforce
7 development system.’’;
8 (2) by striking paragraphs (27) and (54); and
9 (3) by reordering paragraphs (1) through (71),
10 as amended by this section, and the paragraphs
11 added by paragraph (1) of this subsection in alpha-
12 betical order, and renumbering such paragraphs as
13 so reordered.
14 SEC. 102. WIOA TABLE OF CONTENTS.
15 The table of contents in section 1(b) of the Workforce
16 Innovation and Opportunity Act is amended—
17 (1) by adding at the end of the items relating
18 to chapter 2 of subtitle B of title I the following:
‘‘Sec. 130. Summer and year-round employment for youth.’’;
19 (2) by striking the item relating to section 172
20 and inserting the following:
‘‘Sec. 172. Strengthening Community Colleges Training Grants Program.
‘‘Sec. 173. Reentry employment opportunities.
‘‘Sec. 174. Sectoral employment through career training for occupational readi-
ness (sector) program.
‘‘Sec. 175. Workforce data quality initiative grants.
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‘‘Sec. 176. Improving approaches for communities to thrive (IMPACT) grants.
‘‘Sec. 177. Authorization of appropriations.’’;
21 and
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1 (3) by adding at the end of the item relating to
2 subtitle A of title V, the following:
‘‘Sec. 507. Accessibility.’’.
3 TITLE II—WORKFORCE
4 DEVELOPMENT ACTIVITIES
5 Subtitle A—System Alignment
6 CHAPTER 1—STATE PROVISIONS
7 SEC. 201. STATE WORKFORCE DEVELOPMENT BOARDS.
8 (a) MEMBERSHIP.—Section 101(b)(1)(C) of the
9 Workforce Innovation and Opportunity Act (29 U.S.C.
10 3111(b)(1)(C)) is amended—
11 (1) in clause (ii)—
12 (A) in the matter preceding subclause (I),
13 by striking ‘‘20 percent’’ and inserting ‘‘30 per-
14 cent’’;
15 (B) in subclause (III), by inserting ‘‘, jus-
16 tice-involved individuals,’’ after ‘‘veterans’’; and
17 (C) in subclause (IV), by striking ‘‘out-of-
18 school’’ and inserting ‘‘opportunity’’; and
19 (2) in clause (iii)—
20 (A) in subclause (I)—
21 (i) by amending item (aa) to read as
22 follows:
23 ‘‘(aa) shall include each lead
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24 State official with primary re-
25 sponsibility for a core program,
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1 including the lead State official
2 for core programs authorized
3 under title II and the lead State
4 official for core programs author-
5 ized under the Rehabilitation Act
6 of 1973 (29 U.S.C. 720 et
7 seq.);’’;
8 (ii) in item (bb), by striking ‘‘and’’ at
9 the end; and
10 (iii) by adding at the end the fol-
11 lowing:
12 ‘‘(cc) shall include State
13 agency officials responsible for
14 the daily administration of edu-
15 cation programs in the State, in-
16 cluding secondary education and
17 adult education programs, and
18 chief executive officers (or their
19 representatives) of community
20 colleges and other institutions of
21 higher education;
22 ‘‘(dd) shall include a rep-
23 resentative of youth, who quali-
24 fies under the eligible youth defi-
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25 nition; and’’; and
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1 (B) in subclause (II)—
2 (i) by amending item (bb) to read as
3 follows:
4 ‘‘(bb) State agency officials
5 responsible for adult or juvenile
6 justice programs in the State;’’;
7 (ii) by striking ‘‘and’’ at the end of
8 item (cc); and
9 (iii) by striking item (dd); and
10 (iv) by adding at the end the fol-
11 lowing:
12 ‘‘(dd) State agency officials
13 responsible for vocational reha-
14 bilitation; and
15 ‘‘(ee) State agency officials
16 responsible for economic develop-
17 ment.’’.
18 (b) DIVERSE AND DISTINCT REPRESENTATION.—
19 Section 101(b)(2) (29 U.S.C. 3111(b)(2)) is amended by
20 inserting before the period at the end the following: ‘‘, and
21 diverse demographic populations of the State’’.
22 (c) FUNCTIONS.—Section 101(d) (29 U.S.C.
23 3111(d)) is amended—
24 (1) in paragraph (3)—
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1 (A) in subparagraph (A), strike ‘‘and avoid
2 duplication’’ and insert ‘‘avoid duplication, and
3 leverage resources and expertise’’;
4 (B) in subparagraph (B)—
5 (i) by inserting ‘‘and expand’’ after
6 ‘‘support’’; and
7 (ii) by striking ‘‘enter or retain em-
8 ployment’’ and inserting ‘‘enter in, retain,
9 or progress in employment’’;
10 (C) in subparagraph (C)—
11 (i) by inserting ‘‘and equitable’’ after
12 ‘‘effective’’; and
13 (ii) by inserting ‘‘, including individ-
14 uals with barriers to employment’’ after
15 ‘‘system’’;
16 (D) in subparagraph (E), by striking
17 ‘‘identification of’’ and inserting ‘‘continued
18 identification of and support for’’;
19 (E) in subparagraph (F)—
20 (i) by inserting ‘‘affiliated sites,’’ after
21 ‘‘partners,’’; and
22 (ii) by striking ‘‘services and sup-
23 portive’’ and inserting ‘‘services, career
24 services, and supportive’’; and
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1 (F) in subparagraph (G), by inserting ‘‘on-
2 going’’ after ‘‘support’’;
3 (2) in paragraph (5)—
4 (A) in subparagraph (A), by striking ‘‘cen-
5 ters, relating to the use of business outreach,
6 partnerships, and service delivery strategies, in-
7 cluding’’ and inserting ‘‘centers, including the
8 use of evidence-based strategies for such oper-
9 ations, the latest in digital technology and tools,
10 and the use of partnerships to expand and im-
11 prove services to jobseekers and workers, in-
12 cluding’’;
13 (B) by redesignating subparagraphs (B)
14 and (C) as subparagraphs (C) and (D), respec-
15 tively;
16 (C) by inserting after subparagraph (A)
17 the following:
18 ‘‘(B) local boards and one-stop centers on
19 effective outreach and enhanced services to
20 businesses, joint labor-management partner-
21 ships, industry associations, and industry or
22 sector partnerships, to provide employment and
23 training activities reflective of regional economic
24 priorities and the skill and competency needs of
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1 in-demand industry sectors and occupations;’’;
2 and
3 (D) in subparagraph (D), as so redesig-
4 nated, by striking ‘‘adaptability, to’’ and insert-
5 ing ‘‘adaptability to reduce the time required
6 for attainment of a recognized postsecondary
7 credential or reskilling, and’’; and
8 (3) in paragraph (7)—
9 (A) in the matter preceding subparagraph
10 (A), by striking ‘‘technological improvements to
11 facilitate access’’ and inserting ‘‘improvements
12 in the use of digital technology to facilitate and
13 expand access’’;
14 (B) by amending subparagraphs (B) and
15 (C) to read as follows:
16 ‘‘(B) accelerate—
17 ‘‘(i) the acquisition of skills, com-
18 petencies, and recognized postsecondary
19 credentials by participants with respect to
20 an in-demand industry sector or occupa-
21 tion in a State or local area; and
22 ‘‘(ii) the matching of participants to
23 career pathways and employment opportu-
24 nities based on the skills, competencies,
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1 and recognized postsecondary credentials
2 attained by such participants;
3 ‘‘(C) strengthen the professional develop-
4 ment of providers and workforce professionals,
5 ensuring professional development activities in-
6 clude—
7 ‘‘(i) trauma-informed practices and
8 human-centered design that serve individ-
9 uals with barriers to employment;
10 ‘‘(ii) preparing providers and work-
11 force professionals to use the latest tech-
12 nology;
13 ‘‘(iii) accessing and understanding
14 labor market data; and
15 ‘‘(iv) ensuring equitable access and
16 service delivery for individuals who have
17 been historically underserved,
18 marginalized, and adversely affected as a
19 result of race, ethnicity, or gender, includ-
20 ing training on customer-centered service
21 delivery, racial bias, cultural competence,
22 occupational stereotyping, and strategies
23 for increasing participant and worker
24 voices; and’’; and
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1 (C) in subparagraph (D), by striking ‘‘with
2 disabilities and individuals’’ and inserting ‘‘with
3 barriers to employment, including individuals
4 with disabilities, and to individuals’’.
5 SEC. 202. UNIFIED STATE PLAN.
6 Section 102 (29 U.S.C. 3112) is amended—
7 (1) in subsection (b)—
8 (A) by amending paragraph (1) to read as
9 follows:
10 ‘‘(1) STRATEGIC PLANNING ELEMENTS.—The
11 unified State plan shall include strategic planning
12 elements consisting of a strategic vision and goals
13 for preparing an educated and skilled workforce,
14 that include—
15 ‘‘(A) a summary and conclusions of anal-
16 ysis conducted of the economic conditions in the
17 State using labor market information, includ-
18 ing—
19 ‘‘(i) existing and emerging in-demand
20 industry sectors and occupations;
21 ‘‘(ii) projected industries or sectors
22 within the State expected to decline or face
23 significant changes in employment oppor-
24 tunities; and
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1 ‘‘(iii) the employment needs of em-
2 ployers, including a description of the
3 knowledge, skills, competencies, and abili-
4 ties currently needed and projected to be
5 needed, in those industries and occupa-
6 tions;
7 ‘‘(B) a summary and conclusions of anal-
8 ysis conducted of the current workforce using
9 labor market information, employment and un-
10 employment data, labor market trends, and the
11 educational and skill levels of the workforce, in-
12 cluding individuals with barriers to employment,
13 in the State;
14 ‘‘(C) an analysis of the workforce develop-
15 ment activities (including supportive services,
16 career services, education, and training) in the
17 State, in coordination with the Perkins-eligible
18 agency in the State, in order to address the
19 identified education and skill needs of the work-
20 force and the employment needs of employers in
21 the State, including—
22 ‘‘(i) an analysis of the strengths and
23 weaknesses of such activities;
24 ‘‘(ii) the capacity of State entities to
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1 cific needs of youth, including opportunity
2 youth, and individuals with barriers to em-
3 ployment; and
4 ‘‘(iii) an analysis of the career path-
5 ways offered within the State, including an
6 analysis of how such pathways are aligned
7 to the education and training needs of the
8 current and future workforce within the
9 State, and the development and expansion
10 of career pathways to meet current and fu-
11 ture workforce needs;
12 ‘‘(D) a description of—
13 ‘‘(i) the State’s strategic vision and
14 goals for preparing an educated and skilled
15 workforce, including preparing youth (in-
16 cluding opportunity youth), and individuals
17 with barriers to employment and for meet-
18 ing the skilled workforce needs of employ-
19 ers (including in existing and emerging in-
20 demand industry sectors and occupations
21 as identified by the State), and goals of
22 the State relating to performance account-
23 ability measures based on primary indica-
24 tors of performance described in section
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1 116(b)(2)(A), in order to support economic
2 growth and economic self-sufficiency;
3 ‘‘(ii) how the State will assess the
4 overall effectiveness of the workforce in-
5 vestment system in the State;
6 ‘‘(iii) the career pathways offered
7 within the State, including an analysis of
8 how such pathways are aligned to the edu-
9 cation and training needs of the current
10 and future workforce within the State, and
11 the development and expansion of career
12 pathways to meet current and future work-
13 force needs;
14 ‘‘(iv) how the State will work with
15 local areas to achieve equitable service de-
16 livery and outcomes for individuals with
17 barriers to employment, including employ-
18 ment and earnings outcomes by applying
19 the information provided in the State eq-
20 uity report, for such State under section
21 116(f); and
22 ‘‘(v) the industry or sector partner-
23 ships within the State and the opportuni-
24 ties for expansion of such partnerships to
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25 support sector-specific initiatives; and
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1 ‘‘(E) a description of strategies the State
2 intends to adopt to achieve the vision and each
3 goal described in subparagraph (D) through—
4 ‘‘(i) joint planning, alignment, coordi-
5 nation, and leveraging of funds between—
6 ‘‘(I) core programs under this
7 Act; and
8 ‘‘(II) other Federal programs, as
9 determined appropriate by the State,
10 such as—
11 ‘‘(aa) programs and activi-
12 ties under the Carl D. Perkins
13 Career and Technical Education
14 Act of 2006 (20 U.S.C. 2301 et
15 seq.);
16 ‘‘(bb) programs under the
17 Elementary and Secondary Edu-
18 cation Act of 1965 (20 U.S.C.
19 6301 et seq.);
20 ‘‘(cc) programs under the
21 Individuals with Disabilities Edu-
22 cation Act (20 U.S.C. 1400 et
23 seq.);
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1 ‘‘(dd) programs under the
2 Higher Education Act of 1965
3 (20 U.S.C. 1001 et seq.);
4 ‘‘(ee) apprenticeship pro-
5 grams; and
6 ‘‘(ff) the Medicaid program
7 under title XIX of the Social Se-
8 curity Act (42 U.S.C. 1396 et
9 seq.); and
10 ‘‘(ii) the provision of information
11 about access to available State assistance
12 or assistance under related Federal pro-
13 grams, including such assistance under—
14 ‘‘(I) section 6(d) of the Food and
15 Nutrition Act of 2008 (7 U.S.C.
16 2015(d));
17 ‘‘(II) section 3672(c)(1) of title
18 38, United States Code;
19 ‘‘(III) section 231 of the Second
20 Chance Act of 2007 (34 U.S.C.
21 60541); and
22 ‘‘(IV) the State Temporary As-
23 sistance for Needy Families programs
24 under part A of title IV of the Social
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25 Security Act.’’;
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1 (B) by redesignating paragraphs (2) and
2 (3) as paragraphs (3) and (4), respectively; and
3 (C) by inserting after paragraph (1) the
4 following:
5 ‘‘(2) PLAN DEVELOPMENT.—
6 ‘‘(A) IN GENERAL.—The Governor and
7 State board shall—
8 ‘‘(i) develop the unified State plan in
9 consultation with—
10 ‘‘(I) representatives of local
11 boards and chief elected officials;
12 ‘‘(II) the community colleges in
13 the State;
14 ‘‘(III) eligible providers of train-
15 ing services, including eligible pro-
16 viders of nontraditional training serv-
17 ices and eligible providers of appren-
18 ticeship programs and pre-apprentice-
19 ship programs, and eligible providers
20 of on-the-job training, customized
21 training, incumbent worker training,
22 internships, paid or unpaid work expe-
23 rience opportunities, or transitional
24 jobs, secondary schools and institu-
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25 tions of higher education (including
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1 institutions offering career and tech-
2 nical education programs, minority-
3 serving institutions, and historically
4 Black colleges and universities), and
5 providers of supported employment
6 services;
7 ‘‘(IV) interested community rep-
8 resentatives, including community-
9 based organizations;
10 ‘‘(V) individuals with barriers to
11 employment or organizations rep-
12 resenting such individuals;
13 ‘‘(VI) representatives of business
14 and industry, including representa-
15 tives of small business and representa-
16 tives of industry and sector partner-
17 ships in the State;
18 ‘‘(VII) representatives of labor
19 organizations and joint labor-manage-
20 ment organizations in the State;
21 ‘‘(VIII) representatives of agen-
22 cies serving opportunity youth, and
23 homeless children and youth, includ-
24 ing the State Coordinator for Edu-
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25 cation of Homeless Children and
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1 Youths established or designated
2 under section 722(d)(3) of the McKin-
3 ney-Vento Homeless Assistance Act
4 (42 U.S.C. 11432(d)(3));
5 ‘‘(IX) representatives of Indian
6 tribes and tribal organizations located
7 in, or providing services in, the State;
8 ‘‘(X) representatives of the Per-
9 kins-eligible agency;
10 ‘‘(XI) representatives of the adult
11 education and literacy community;
12 ‘‘(XII) national intermediaries
13 and organizations that focus on un-
14 derserved communities and commu-
15 nities of color; and
16 ‘‘(XIII) other primary stake-
17 holders; and
18 ‘‘(ii) consult the heads of other State
19 agencies with respect to the development of
20 the unified State plan, including the State
21 designated unit under subparagraph (A) of
22 section 101(a)(2) of the Rehabilitation Act
23 of 1973.
24 ‘‘(B) PUBLIC COMMENT.—
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1 ‘‘(i) WRITTEN COMMENTS.—Not less
2 than 60 days prior to submission of the
3 unified State plan, the Governor shall pro-
4 vide stakeholders described in subpara-
5 graph (A)(i) with the opportunity to pro-
6 vide written comments on the unified State
7 plan that shall—
8 ‘‘(I) be included in the final uni-
9 fied State plan; and
10 ‘‘(II) include comments on
11 whether and how the unified State
12 plan—
13 ‘‘(aa) meets the require-
14 ments of this Act;
15 ‘‘(bb) supports the improve-
16 ment of performance of individ-
17 uals with barriers to employment;
18 ‘‘(cc) supports the employ-
19 ment needs of the State (includ-
20 ing the business community,
21 labor organizations, education
22 and training providers, and other
23 relevant parties), including in the
24 design and content of the train-
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1 ploration, on-the-job training,
2 and other career and training ac-
3 tivities (including information re-
4 lated to employment opportuni-
5 ties, wage rates, benefits, career
6 pathways, and in-demand indus-
7 try sectors and occupations); and
8 ‘‘(dd) takes into account col-
9 lective bargaining agreements
10 that include training or sub-
11 sidized employment, including
12 how the elements of such training
13 or employment may affect the
14 bargaining agreement (such as
15 wages, benefits, and other fac-
16 tors).
17 ‘‘(ii) STATE WORKFORCE AGENCY RE-
18 SPONSE.—Each unified State plan may in-
19 clude a written response to the comments
20 provided by stakeholders under clause (i),
21 which may be in the form of a general re-
22 sponse to such comments.’’;
23 (D) in paragraph (3), as so redesignated—
24 (i) in subparagraph (B)—
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1 (I) in clause (iv), by striking
2 ‘‘colleges and area career and tech-
3 nical education schools’’ and inserting
4 ‘‘colleges, secondary schools and area
5 career and technical education
6 schools, and adult education providers
7 under title II’’;
8 (II) in clause (v), by striking
9 ‘‘and’’ at the end;
10 (III) by amending clause (vi) to
11 read as follows:
12 ‘‘(vi) how the State’s strategy will—
13 ‘‘(I) improve access to activities
14 leading to a recognized postsecondary
15 credential (including credentials that
16 are portable, stackable, and aligned to
17 high-skill, high-wage, or in-demand in-
18 dustry sectors and occupations); and
19 ‘‘(II) assess and validate the
20 skills and competencies of such cre-
21 dentials and alignment to new or ex-
22 isting career pathways;’’; and
23 (IV) by adding at the end the fol-
24 lowing:
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1 ‘‘(vii) how the State will work with
2 local areas to achieve equitable service de-
3 livery and outcomes for individuals with
4 barriers to employment by applying the in-
5 formation provided in the State equity re-
6 port for such State under section 116(f);
7 and
8 ‘‘(viii) how the State’s strategy will
9 ensure that information about each recog-
10 nized postsecondary credential that is ob-
11 tained by any program participant of a
12 core program described in subclause (V) of
13 section 116(b)(2)(A)(i)—
14 ‘‘(I) will be made fully available
15 under section 116(d)(6)(A) to the
16 public as transparent, linked, open,
17 and interoperable data using open for-
18 mats that are human readable and
19 machine actionable; and
20 ‘‘(II) will include, at a min-
21 imum—
22 ‘‘(aa) the levels of perform-
23 ance achieved with respect to
24 such participant on the perform-
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25 ance accountability indicators
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1 under clauses (i) and (ii) of sec-
2 tion 116(b)(2)(B) and the other
3 performance measures under sec-
4 tion 116; and
5 ‘‘(bb) the competencies, role
6 in career pathways, and align-
7 ment to in-demand industry and
8 occupational skills of such cre-
9 dential.’’;
10 (ii) in subparagraph (D)—
11 (I) in clause (i)(II), by striking
12 ‘‘local boards and chief elected offi-
13 cials in determining the planning re-
14 gions’’ and inserting ‘‘State economic
15 development agency to support align-
16 ment to the extent practicable, local
17 boards and chief elected officials in
18 determining the planning regions and
19 work of such regions’’; and
20 (II) in clause (ii)—
21 (aa) in subclause (V), by in-
22 serting ‘‘and’’ at the end; and
23 (bb) by adding at the end
24 the following:
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1 ‘‘(VI) how the eligible agency will
2 promote the professionalization of
3 adult education through the adoption
4 of full-time staffing models, including,
5 at the eligible agency’s discretion, how
6 the eligible agency will give funding
7 priority to local providers that have
8 adopted such models;’’; and
9 (iii) in subparagraph (E)—
10 (I) in clause (iii)—
11 (aa) in subclause (I), by in-
12 serting ‘‘, ensuring that services
13 and resources are accessible
14 throughout the State and local
15 areas, including in urban, rural
16 and suburban areas’’ after ‘‘such
17 programs’’; and
18 (bb) by amending subclause
19 (II) to read as follows:
20 ‘‘(II) that the State obtained input
21 into the development of the unified State
22 plan and provided an opportunity for com-
23 ment on the plan by the individuals listed
24 in subsection (b)(2)(A)(i), and that the
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1 unified State plan is published on a pub-
2 licly accessible website;’’; and
3 (II) by striking ‘‘and’’ at the end
4 of clause (ix);
5 (III) in clause (x), by striking the
6 period at the end and inserting ‘‘;
7 and’’; and
8 (IV) by adding at the end the fol-
9 lowing:
10 ‘‘(xi) that the State will not prohibit
11 self-attestation in a manner consistent with
12 section 402A(e) of the Higher Education
13 Act of 1965 (20 U.S.C. 1070a–11(e)) as a
14 means for determining eligibility for a pro-
15 gram or service under this Act of any indi-
16 vidual who is so self-attesting.’’; and
17 (2) in subsection (c)—
18 (A) in paragraph (1)(A), by striking ‘‘the
19 Workforce Innovation and Opportunity Act’’
20 and inserting ‘‘the Workforce Innovation and
21 Opportunity Act of 2022’’; and
22 (B) by striking paragraph (4)
23 SEC. 203. COMBINED STATE PLAN.
24 Section 103(a)(2) (29 U.S.C. 3113(a)(2)) is amended
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25 by adding at the end the following:
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1 ‘‘(L) State Apprenticeship Agencies, as ap-
2 plicable.’’.
3 CHAPTER 2—LOCAL PROVISIONS
4 SEC. 206. WORKFORCE DEVELOPMENT AREAS.
5 (a) REGIONS.—Section 106(a)(1) (29 U.S.C.
6 3121(a)(1)) is amended—
7 (1) by striking ‘‘this Act’’ and inserting ‘‘the
8 Workforce Innovation and Opportunity Act of
9 2022’’; and
10 (2) by inserting ‘‘, the State economic develop-
11 ment agency, the State apprenticeship agency, as
12 applicable,’’ after ‘‘local boards’’.
13 (b) LOCAL AREAS.—Section 106(b) (29 U.S.C.
14 3121(b)) is amended—
15 (1) in paragraph (1)—
16 (A) by amending subparagraph (A)(ii) to
17 read as follows:
18 ‘‘(ii) after consultation with the State
19 economic development agency, chief elected
20 officials, and local boards, and consider-
21 ation of comments received through the
22 public comment process as described in
23 section 102(b)(2)(E)(iii)(II).’’;
24 (B) in subparagraph (B)—
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1 (i) in clause (ii), by striking ‘‘and’’ at
2 the end;
3 (ii) in clause (iii)—
4 (I) by striking ‘‘higher education
5 and’’ and inserting ‘‘higher edu-
6 cation,’’; and
7 (II) by striking the period at the
8 end and inserting ‘‘, and apprentice-
9 ship and pre-apprenticeship programs;
10 and’’; and
11 (iii) by adding at the end the fol-
12 lowing:
13 ‘‘(iv) improve service delivery and effi-
14 ciency under the workforce development
15 system, and provide for sufficient access to
16 comprehensive one-stop centers and affili-
17 ated sites.’’; and
18 (C) by adding at the end the following:
19 ‘‘(C) CONSULTATIONS.—The State eco-
20 nomic development agency, chief elected offi-
21 cials, and local boards shall provide such con-
22 sultations as requested by the Governor in a
23 timely manner.’’;
24 (2) by amending paragraph (2) to read as fol-
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1 ‘‘(2) INITIAL DESIGNATION.—During the first 2
2 full program years following the date of enactment
3 of the Workforce Innovation and Opportunity Act of
4 2022, the Governor shall approve a request for ini-
5 tial designation as a local area from any area that—
6 ‘‘(A) was designated as a local area for
7 purposes of this Act for the 2-year period pre-
8 ceding the date of enactment of the Workforce
9 Innovation and Opportunity Act of 2022;
10 ‘‘(B) performed successfully; and
11 ‘‘(C) sustained fiscal integrity.’’; and
12 (3) in paragraph (4), by adding at the end the
13 following: ‘‘Such designation may include the com-
14 bining of areas that were designated as local areas
15 under this subsection before the date of enactment
16 of the Workforce Innovation and Opportunity Act of
17 2022 within a region described in subsection (a), to
18 form a new, redesignated local area under this sub-
19 section, if all chief elected officials and local boards
20 in the affected areas agree to such a redesignation.’’.
21 (c) REGIONAL COORDINATION.—Section 106(c)(1)
22 (29 U.S.C. 3121(c)(1)) is amended—
23 (1) in subparagraph (F), by inserting ‘‘and
24 prioritizing such services for individuals with bar-
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25 riers to employment,’’ after ‘‘services,’’;
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1 (2) in subparagraph (G), by striking ‘‘and’’ at
2 the end;
3 (3) in subparagraph (H), by striking the period
4 at the end and inserting ‘‘; and’’; and
5 (4) by adding at the end the following:
6 ‘‘(I) the analysis of in-demand skills and
7 competencies within the region, and cor-
8 responding wages offered for jobs requiring
9 such skills and competencies.’’.
10 (d) DEFINITIONS.—Section 106(e) (29 U.S.C.
11 3121(e)) is amended—
12 (1) in paragraph (1), by striking ‘‘(or, if appli-
13 cable, core indicators of performance described in
14 section 136(b)(2)(A) of the Workforce Investment
15 Act of 1998, as in effect the day before the date of
16 enactment of this Act)’’; and
17 (2) in paragraph (2), by striking ‘‘(or, if appli-
18 cable, title I of the Workforce Investment Act of
19 1998 as in effect prior to the effective date of such
20 subtitle B)’’.
21 SEC. 207. LOCAL WORKFORCE DEVELOPMENT BOARDS.
22 (a) MEMBERSHIP.—Section 107(b) (29 U.S.C.
23 3122(b)) is amended—
24 (1) in paragraph (2)—
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25 (A) in subparagraph (B)—
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1 (i) in the matter preceding clause (i),
2 by striking ‘‘20’’ and inserting ‘‘30’’; and
3 (ii) in clause (iv)—
4 (I) by inserting ‘‘eligible youth
5 and’’ after ‘‘include’’; and
6 (II) by striking ‘‘out-of-school’’
7 and inserting ‘‘opportunity’’; and
8 (B) in subparagraph (C)—
9 (i) in clause (ii), by striking the semi-
10 colon and inserting ‘‘; and’’; and
11 (ii) by amending clause (iii) to read as
12 follows:
13 ‘‘(iii) may include representatives of
14 local educational agencies overseeing career
15 and technical education, local educators, or
16 representatives of community-based organi-
17 zations with demonstrated experience and
18 expertise in addressing the education or
19 training needs of individuals with barriers
20 to employment;’’;
21 (C) by striking ‘‘and’’ at the end of sub-
22 paragraph (D)(v);
23 (D) by striking the period at the end of
24 subparagraph (E) and inserting ‘‘; and’’; and
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25 (E) by adding at the end the following:
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1 ‘‘(F) the members of each local board shall
2 represent diverse demographic populations of
3 the local area.’’;
4 (2) in paragraph (3), by adding at the end the
5 following: ‘‘Each chairperson shall ensure that each
6 new board member is provided with information on
7 the local area, employment opportunities (including
8 youth employment opportunities), industry or sector
9 partnerships, eligible providers or training services,
10 and demographic information of participants served
11 including individuals with barriers to employment.’’;
12 and
13 (3) in paragraph (4)(A)—
14 (A) in clause (ii), by inserting ‘‘, if applica-
15 ble, YouthBuild operators, and’’ after ‘‘in-
16 clude’’;
17 (B) in clause (iii), by inserting before the
18 period at the end the following: ‘‘, which include
19 individuals with disabilities or representatives of
20 organizations serving individuals with disabil-
21 ities’’; and
22 (C) by adding at the end the following:
23 ‘‘(iv) A standing committee to provide
24 information to assist with alignment, co-
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1 education providers, and planning, oper-
2 ational, and other issues relating to the
3 provision of adult education services, which
4 shall include providers of adult education
5 carried out under title II of this Act.
6 ‘‘(v) A standing committee to provide
7 information related to work-based learning
8 opportunities, which shall include a rep-
9 resentative from a provider of work-based
10 learning, including a provider of related in-
11 struction under an apprenticeship.
12 ‘‘(vi) A standing committee, which
13 shall include representatives of workers
14 and their communities (including labor and
15 community-based organizations), to provide
16 information to assist with responding to
17 rapid changes in the economy such as—
18 ‘‘(I) mass layoffs;
19 ‘‘(II) unexpected increases in un-
20 employment; and
21 ‘‘(III) introduction of new em-
22 ployment opportunities, including the
23 assessment of the in-demand skills
24 and competencies of the local area.’’.
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1 (b) APPOINTMENT AND CERTIFICATION OF
2 BOARD.—Section 107(c) (29 U.S.C. 3122(c)) is amend-
3 ed—
4 (1) in paragraph (1), by adding at the end the
5 following:
6 ‘‘(D) PUBLICATION.—The chief elected of-
7 ficial or officials appointing the board for a
8 local area shall make publicly available the
9 membership of the board (including information
10 identifying how the membership composition re-
11 quirements of subsection (b) have been met
12 (other than the requirements of paragraph
13 (2)(F) of such subsection)), including by post-
14 ing that information on the website of the ap-
15 propriate unit of local government included in
16 the local area.’’; and
17 (2) in paragraph (4)(A), by striking ‘‘and (2)’’
18 and inserting ‘‘, (2), and (3)’’.
19 (c) FUNCTIONS OF LOCAL BOARD.—Section 107(d)
20 (29 U.S.C. 3122(d)) is amended—
21 (1) in paragraph (2)(A), by striking ‘‘skills’’
22 and inserting ‘‘, skills, and competencies’’;
23 (2) in paragraph (3), in the first sentence, by
24 inserting ‘‘, including supportive services offered by
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25 community-based organizations,’’ after ‘‘resources’’;
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1 (3) in paragraph (4)—
2 (A) in subparagraph (B), by inserting
3 ‘‘and’’ after the semicolon;
4 (B) by amending subparagraph (C) to read
5 as follows:
6 ‘‘(C) to ensure that workforce investment
7 activities meet the skilled workforce needs of
8 employers and support economic growth in the
9 region by enhancing communication, coordina-
10 tion, and collaboration among employers, eco-
11 nomic development entities, and service pro-
12 viders, including by developing and imple-
13 menting proven or promising strategies for—
14 ‘‘(i) meeting the employment, skill,
15 and competency needs of workers and em-
16 ployers (including the establishment of in-
17 dustry and sector partnerships) and sup-
18 porting skill and competency-based hiring;
19 ‘‘(ii) improving access to jobs in high-
20 skill, high-wage, or in-demand industry
21 sectors and occupations, to expand employ-
22 ment and career advancement opportuni-
23 ties for workforce development system par-
24 ticipants in in-demand industry sectors or
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1 ‘‘(iii) recruiting a more diverse work-
2 force.’’; and
3 (C) by striking subparagraph (D);
4 (4) in paragraph (5)—
5 (A) by striking ‘‘and postsecondary’’ and
6 inserting ‘‘, postsecondary, and adult’’;
7 (B) by inserting ‘‘, systems, and pro-
8 grams’’ after ‘‘pathways’’; and
9 (C) by inserting ‘‘and opportunity youth’’
10 after ‘‘to employment’’;
11 (5) by amending subparagraph (A) of para-
12 graph (6) to read as follows:
13 ‘‘(A) identify and promote strategies and
14 initiatives to the one-stop delivery system for
15 meeting the needs of employers, workers, and
16 jobseekers (including individuals with barriers
17 to employment) in the local workforce develop-
18 ment system, including—
19 ‘‘(i) providing physical and pro-
20 grammatic accessibility, in accordance with
21 section 188, if applicable, and applicable
22 provisions of the Americans with Disabil-
23 ities Act of 1990 (42 U.S.C. 12101 et
24 seq.); and
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1 ‘‘(ii) identifying and implementing
2 strategies to assure service delivery is ac-
3 cessible to all eligible individuals, including
4 individuals with barriers to employment;
5 and’’;
6 (6) by amending paragraph (7) to read as fol-
7 lows:
8 ‘‘(7) TECHNOLOGY.—The local board shall de-
9 velop strategies for using technology to maximize the
10 accessibility and effectiveness of the local workforce
11 development system, including in remote areas, for
12 employers, workers, and jobseekers, by—
13 ‘‘(A) identifying and integrating new dig-
14 ital technologies into business services, career
15 navigation, and employment and training activi-
16 ties, and working with the State to offer serv-
17 ices virtually or through in-person service deliv-
18 ery strategies that are augmented through the
19 use of technology;
20 ‘‘(B) facilitating connections among the in-
21 take and case management information systems
22 of the one-stop partner programs to support a
23 comprehensive workforce development system in
24 the local area, including through coordination
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1 grams to support coenrollment of programs, as
2 applicable;
3 ‘‘(C) identifying strategies for better meet-
4 ing the needs of individuals with barriers to em-
5 ployment, including strategies that augment
6 traditional service delivery, and increase access
7 to services and programs of the one-stop deliv-
8 ery system, such as improving digital literacy
9 skills, assessments of skills and competencies,
10 and prior learning assessments assisted through
11 the use of technology; and
12 ‘‘(D) leveraging resources and capacity
13 within the local workforce development system,
14 including resources and capacity for services for
15 individuals with barriers to employment.’’;
16 (7) in paragraph (10)—
17 (A) in subparagraph (B)(ii), by inserting
18 ‘‘as described in section 122’’ after ‘‘providers’’;
19 (B) in subparagraph (C), by inserting
20 ‘‘and make information about such providers
21 publicly available, including to community-based
22 organizations’’ after ‘‘local area’’; and
23 (C) in subparagraph (D), by inserting
24 ‘‘and make information about such providers
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1 publicly available, including to community-based
2 organizations’’ after ‘‘contracts’’;
3 (8) in paragraph (11)(A), by inserting ‘‘, local
4 educational agencies, institutions of higher education
5 located in the local area, including minority-serving
6 institutions, historically Black colleges and univer-
7 sities, and Tribally controlled colleges or universities,
8 as appropriate,’’ after ‘‘2302))’’; and
9 (9) in paragraph (12)(A), by striking ‘‘for the’’
10 and inserting ‘‘for all funds not otherwise reserved
11 by the State allocated to local areas under section
12 128(b) and section 133(b), for local youth workforce
13 activities authorized under section 129(c), and for
14 local employment and training activities authorized
15 under subsection (b) of section 134, and’’.
16 (d) SUNSHINE PROVISION.—Section 107(e) (29
17 U.S.C. 3122(e)) is amended by inserting ‘‘that conforms
18 at a minimum, to Level AA of the Web Content Accessi-
19 bility Guidelines 2.0 of the Web Accessibility Initiative (or
20 any successor guidelines)’’ after ‘‘means’’.
21 (e) STAFF.—Section 107(f) (29 U.S.C. 3122(f)) is
22 amended—
23 (1) by amending paragraph (2) to read as fol-
24 lows:
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1 ‘‘(2) QUALIFICATIONS.—The local board shall
2 establish and apply a set of qualifications for the po-
3 sition of director that ensures that the individual se-
4 lected has the requisite knowledge, skills, and abili-
5 ties, to meet identified benchmarks and effectively
6 carry out the functions of the local board.’’; and
7 (2) by adding at the end the following:
8 ‘‘(4) PROFESSIONAL DEVELOPMENT.—The local
9 board shall ensure the provision of training to local
10 board and one-stop delivery system staff on—
11 ‘‘(A) the expanded use of digital tech-
12 nology and tools for augmenting and improving
13 the delivery of services to participants and em-
14 ployers;
15 ‘‘(B) the implementation of evidence-based
16 strategies, such as career pathways and sector
17 initiatives, and trauma-informed and gender-re-
18 sponsive counseling for meeting the needs of in-
19 dividuals with barriers to employment and eligi-
20 ble youth; and
21 ‘‘(C) how to improve and ensure equitable
22 service delivery and outcomes for eligible youth
23 and individuals who have been historically un-
24 derserved, marginalized, and adversely affected
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25 as a result of race, ethnicity, age, or gender, in-
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1 cluding training on customer-centered service
2 delivery, gender and racial bias, cultural com-
3 petence, occupational stereotyping, and strate-
4 gies for increasing participant and worker
5 voice.’’.
6 SEC. 208. LOCAL PLAN.
7 Section 108(b) (29 U.S.C. 3123(b)) is amended—
8 (1) in paragraph (1)—
9 (A) in subparagraph (A)—
10 (i) in clause (i), by striking ‘‘and’’ at
11 the end;
12 (ii) in clause (ii), by inserting ‘‘and’’
13 at the end; and
14 (iii) by adding at the end the fol-
15 lowing:
16 ‘‘(iii) projected industries or sectors
17 within the local area expected to decline or
18 face significant changes in employment op-
19 portunities;’’;
20 (B) in subparagraph (B), by striking ‘‘and
21 skills’’ and inserting ‘‘, skills, and com-
22 petencies’’; and
23 (C) in subparagraph (C), by striking ‘‘(and
24 unemployment)’’ and inserting ‘‘(unemploy-
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1 (2) by amending paragraph (2) to read as fol-
2 lows:
3 ‘‘(2) a description and assessment of the work-
4 force development system in the local area that iden-
5 tifies the programs that are included in that system
6 and how the local board will work with the entities
7 carrying out core programs and other workforce de-
8 velopment programs to support alignment of serv-
9 ices, including—
10 ‘‘(A) services provided under programs
11 that support the strategies identified in the
12 State plan under section 102(b)(1)(E), includ-
13 ing—
14 ‘‘(i) programs of study authorized
15 under the Carl D. Perkins Career and
16 Technical Education Act of 2006 (20
17 U.S.C. 2301 et seq.);
18 ‘‘(ii) title II (relating to adult edu-
19 cation and family literacy activities), in-
20 cluding a description of how the local
21 board will carry out, consistent with sub-
22 paragraphs (A) and (B)(i) of section
23 107(d)(11) and section 232, the review of
24 local applications submitted under title II;
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1 ‘‘(iii) title I of the Rehabilitation Act
2 of 1973 (29 U.S.C. 720 et seq.); and
3 ‘‘(iv) apprenticeship programs; and
4 ‘‘(B) the statewide rapid response activities
5 under section 134(a)(2)(A);’’;
6 (3) in paragraph (3), by inserting ‘‘and expan-
7 sion’’ after ‘‘development’’;
8 (4) in paragraph (4)—
9 (A) in subparagraph (A)—
10 (i) in clause (i), by striking ‘‘, includ-
11 ing small employers and employers in in-
12 demand industry sectors and occupations,
13 in workforce development programs’’ and
14 inserting ‘‘in workforce development pro-
15 grams, including small employers, employ-
16 ers in high-skill, high-wage, or in-demand
17 industry sectors and occupations, and em-
18 ployers in industry or sector partnerships’’;
19 (ii) in clause (iii), by striking ‘‘and’’
20 at the end;
21 (iii) in clause (iv), by inserting ‘‘, and
22 benefits, such as food and housing secu-
23 rity’’ after ‘‘unemployment insurance pro-
24 grams’’; and
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1 (iv) by adding at the end the fol-
2 lowing:
3 ‘‘(v) improve the ability of individuals
4 to make informed decisions about career
5 pathways and training services, employ-
6 ment opportunities and job quality, and
7 workplace rights and responsibilities; and’’;
8 and
9 (B) in subparagraph (B), by inserting
10 ‘‘and individuals’’ after ‘‘employers’’;
11 (5) in paragraph (6)—
12 (A) in subparagraph (B), by inserting ‘‘,
13 including digital technology,’’ after ‘‘tech-
14 nology’’;
15 (B) in subparagraph (C), by striking
16 ‘‘and’’ at the end; and
17 (C) by adding at the end the following:
18 ‘‘(E) a description of how the one-stop de-
19 livery system, including one-stop operators and
20 one-stop partners, will work with employers to
21 support the hiring of individuals with barriers
22 to employment to ensure equitable service deliv-
23 ery and participant outcomes; and
24 ‘‘(F) a description of how one-stop centers
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1 grated, technology-enabled intake and case
2 management information system for programs
3 carried out under this Act and programs car-
4 ried out by one-stop partners;’’;
5 (6) by striking paragraphs (7) and (8);
6 (7) by redesignating paragraphs (9) through
7 (12) as paragraphs (7) through (10), respectively;
8 (8) in paragraph (7), as so redesignated, by
9 striking ‘‘assessment of’’ and inserting ‘‘comprehen-
10 sive local needs assessment, as described in section
11 129(a)(2) of’’;
12 (9) by striking paragraph (13);
13 (10) by redesignating paragraphs (14) through
14 (20) as paragraphs (11) through (17), respectively;
15 (11) by inserting after paragraph (17), as so
16 redesignated, the following:
17 ‘‘(18) that the local area will not prohibit self-
18 attestation in a manner consistent with section
19 402A(e) of the Higher Education Act of 1965 (20
20 U.S.C. 1070a–11(e)) as a means for determining eli-
21 gibility for a program or service under this Act of
22 any individual who is so self-attesting; and’’;
23 (12) by striking paragraph (21); and
24 (13) by redesignating paragraph (22) as para-
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1 CHAPTER 3—PERFORMANCE
2 ACCOUNTABILITY
3 SEC. 211. PERFORMANCE ACCOUNTABILITY SYSTEM.
4 Section 116 of the Workforce Innovation and Oppor-
5 tunity Act (29 U.S.C. 3141) is amended—
6 (1) in subsection (b)—
7 (A) in paragraph (2)—
8 (i) in subparagraph (A)—
9 (I) by amending clause (i) to
10 read as follows:
11 ‘‘(i) IN GENERAL.—The State primary
12 indicators of performance for activities
13 provided under the adult and dislocated
14 worker programs authorized under chapter
15 3 of subtitle B, the program of adult edu-
16 cation and family literacy activities author-
17 ized under title II, the employment services
18 program authorized under sections 1
19 through 13 of the Wagner-Peyser Act (29
20 U.S.C. 49 et seq.) (except that subclauses
21 (V) and (VI) shall not apply to such pro-
22 gram), and the program authorized under
23 title I of the Rehabilitation Act of 1973
24 (29 U.S.C. 720 et seq.) (other than section
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1 112 or part C of that title (29 U.S.C. 732,
2 741)), shall consist of—
3 ‘‘(I) the percentage of program
4 participants who are in unsubsidized
5 employment during the second quarter
6 after exit from the program;
7 ‘‘(II) the percentage of program
8 participants who are in unsubsidized
9 employment during the fourth quarter
10 after exit from the program;
11 ‘‘(III) the median earnings of
12 program participants who are in un-
13 subsidized employment during the sec-
14 ond quarter after exit from the pro-
15 gram;
16 ‘‘(IV) the median earnings of
17 program participants who are in un-
18 subsidized employment during the
19 fourth quarter after exit from the pro-
20 gram;
21 ‘‘(V) the percentage of program
22 participants who obtain a recognized
23 postsecondary credential, or a sec-
24 ondary school diploma or its recog-
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1 (iii)), during participation in or within
2 1 year after exit from the program;
3 and
4 ‘‘(VI) the percentage of program
5 participants who are in an education
6 or training program that leads to a
7 recognized postsecondary credential or
8 employment, and who are achieving
9 measurable skill gains toward such a
10 credential or employment.’’;
11 (II) in clause (iii)—
12 (aa) by striking ‘‘clause
13 (i)(IV)’’ each place it appears
14 and inserting ‘‘clause (i)(V)’’;
15 and
16 (bb) by inserting before the
17 period at the end the following:
18 ‘‘, unless such participants are
19 enrolled in services under title
20 II’’; and
21 (III) by striking clause (iv);
22 (ii) by amending subparagraph (B) to
23 read as follows:
24 ‘‘(B) ADDITIONAL INDICATORS.—
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1 ‘‘(i) STATE IDENTIFIED.—A State
2 may identify in the State plan additional
3 performance accountability indicators.
4 ‘‘(ii) SECRETARY IDENTIFIED.—The
5 Secretary may identify additional indica-
6 tors related to the quality of participants’
7 unsubsidized employment after exit from a
8 program, including factors such as avail-
9 ability of paid time off, health, and retire-
10 ment benefits, workplace safety and non-
11 discrimination standards, predictable and
12 stable work schedule, stackable credentials,
13 and advancement opportunities.’’; and
14 (B) in paragraph (3)(A)—
15 (i) by amending clause (iii) to read as
16 follows:
17 ‘‘(iii) IDENTIFICATION IN STATE
18 PLAN.—The Secretary of Labor in con-
19 junction with the Secretary of Education
20 shall—
21 ‘‘(I) propose expected levels of
22 performance for each of the cor-
23 responding primary indicators of per-
24 formance for each of the programs de-
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1 for the first 2 program years covered
2 by the State plan, and for the third
3 and fourth program years covered by
4 the State plan, which shall be con-
5 sistent with the factors listed under
6 clause (v); and
7 ‘‘(II) publish on a publicly acces-
8 sible website—
9 ‘‘(aa) the statistical model
10 developed under clause (viii), and
11 the methodology used to develop
12 each such proposed expected level
13 of performance; and
14 ‘‘(bb) each such proposal.’’;
15 (ii) in clause (v)—
16 (I) in subclause (II)(bb)—
17 (aa) by striking ‘‘ex-offender
18 status, and welfare dependency’’
19 and inserting ‘‘justice involve-
20 ment, and receipt of public as-
21 sistance’’; and
22 (bb) by inserting before the
23 semicolon at the end ‘‘, and other
24 factors the Secretary determines
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1 (II) by amending subclause (III)
2 to read as follows:
3 ‘‘(III) take into account the ex-
4 tent to which the levels involved pro-
5 mote continuous improvement, which
6 may reflect an increase in the level of
7 performance accountability measures,
8 a change in service strategy and deliv-
9 ery, or a change in the participants
10 served by such State and ensure opti-
11 mal return on the investment of Fed-
12 eral funds; and’’; and
13 (iii) by amending clause (viii) to read
14 as follows:
15 ‘‘(viii) STATISTICAL ADJUSTMENT
16 MODEL.—The Secretary of Labor and the
17 Secretary of Education shall—
18 ‘‘(I) develop and disseminate an
19 objective statistical model—
20 ‘‘(aa) that will be used to
21 make the adjustments in the
22 State adjusted levels of perform-
23 ance for actual economic condi-
24 tions and characteristics of par-
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1 ticipants under clauses (v) and
2 (vii); and
3 ‘‘(bb) that has been peer re-
4 viewed by a technical working
5 group of not less than 3 re-
6 searchers, and not less than 2
7 State data performance and anal-
8 ysis technical specialists, and the
9 representatives described in para-
10 graph (4)(B); and
11 ‘‘(II) publicly disclose the factors
12 included in the statistical adjustment
13 model, and the results of the peer re-
14 view in subclause (I)(bb), in a report
15 describing the model used to deter-
16 mine the adjusted levels of perform-
17 ance.’’;
18 (2) in subsection (d)—
19 (A) in paragraph (2)—
20 (i) in subparagraph (F), by inserting
21 ‘‘, supportive,’’ after ‘‘career’’;
22 (ii) in subparagraph (H), by inserting
23 ‘‘and percentage’’ after ‘‘number’’; and
24 (iii) by redesignating subparagraph
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1 (iv) by inserting after subparagraph
2 (K) the following:
3 ‘‘(L) information on earnings of partici-
4 pants 4 quarters prior to receiving career and
5 training services and, to the extent data is
6 available, in years 2 and 3 after exit from ca-
7 reer and training services;’’;
8 (B) in paragraph (6)—
9 (i) by amending subparagraph (A) to
10 read as follows:
11 ‘‘(A) STATE PERFORMANCE REPORTS.—
12 The Secretary of Labor and the Secretary of
13 Education shall annually make available the
14 performance reports for States containing the
15 information described in paragraph (2), which
16 shall include making such reports available—
17 ‘‘(i) digitally using transparent,
18 linked, open, and interoperable data for-
19 mats that are human readable and ma-
20 chine actionable such that the data from
21 these reports can be easily included in web-
22 based tools and services supporting search,
23 discovery, comparison, analysis, navigation,
24 and guidance;
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1 ‘‘(ii) electronically in easily under-
2 standable formats; and
3 ‘‘(iii) in paper-based formats, as nec-
4 essary.’’;
5 (ii) by amending subparagraph (B) to
6 read as follows:
7 ‘‘(B) LOCAL AREA AND ELIGIBLE TRAIN-
8 ING PROVIDER PERFORMANCE REPORTS.—The
9 State shall, on an annual basis, make available
10 the performance reports for the local areas con-
11 taining the information described in paragraph
12 (3) and the performance reports for eligible
13 providers of training services containing the in-
14 formation described in paragraph (4), which
15 shall include making such reports available in
16 each of the formats described in clauses (i)
17 through (iii) of subparagraph (A).’’; and
18 (iii) in subparagraph (D), by striking
19 ‘‘the Workforce’’ and inserting ‘‘Labor’’;
20 (3) by redesignating subsections (f), (g), (h),
21 and (i) as subsections (g), (h), (i), and (j), respec-
22 tively;
23 (4) by inserting the following after subsection
24 (e):
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25 ‘‘(f) STATE EQUITY REPORTS.—
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1 ‘‘(1) IN GENERAL.—Using funds authorized
2 under a core program and made available to carry
3 out this section, the State, in coordination with local
4 boards in the State and the State agencies respon-
5 sible for the administration of the core programs,
6 shall annually prepare and submit to the Secretary
7 a report on the progress of the State in achieving
8 equitable outcomes in the State levels of perform-
9 ance relating to indicators described in subsection
10 (b)(2)(A) for a program for any program year,
11 which shall—
12 ‘‘(A) identify and quantify any disparities
13 or gaps in performance on such levels of per-
14 formance for each such indicator between—
15 ‘‘(i) individuals with barriers to em-
16 ployment; and
17 ‘‘(ii) individuals without such barriers
18 to employment; and
19 ‘‘(B) include a quantifiable description of
20 the progress that individuals with barriers to
21 employment have made in meeting such levels
22 of performance.
23 ‘‘(2) INFORMATION DISAGGREGATION.—The in-
24 formation provided in subparagraphs (A) and (B) of
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1 ‘‘(A) by industry sector; and
2 ‘‘(B) by each subpopulation of individuals
3 with barriers to employment (as defined in sec-
4 tion 3).
5 ‘‘(3) INFORMATION DISSEMINATION.—The Sec-
6 retary shall make the information contained in such
7 reports available to the general public in a manner
8 consistent with the requirements described in sub-
9 section (d)(6)(A).’’.
10 Subtitle B—Workforce Investment
11 Activities and Providers
12 CHAPTER 1—WORKFORCE INVESTMENT
13 ACTIVITIES AND PROVIDERS
14 SEC. 221. ESTABLISHMENT OF ONE-STOP DELIVERY SYS-
15 TEMS.
16 (a) ONE-STOP PARTNERS.—Section 121(b) of the
17 Workforce Innovation and Opportunity Act (29 U.S.C.
18 3151(b)) is amended—
19 (1) in paragraph (1)—
20 (A) in subparagraph (A)(ii), by striking ‘‘,
21 including payment of the infrastructure costs of
22 one-stop centers in accordance with subsection
23 (h)’’ and inserting ‘‘(other than payment of the
24 physical and virtual infrastructure costs of one-
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1 except as provided under subsection
2 (c)(2)(A)(ii)(II) in the memorandum of under-
3 standing)’’;
4 (B) in subparagraph (B)—
5 (i) by inserting ‘‘and’’ at the end of
6 clause (xi);
7 (ii) by striking clause (xii); and
8 (iii) by redesignating clause (xiii) as
9 clause (xii); and
10 (C) in subparagraph (C)(ii)(II), by striking
11 ‘‘and the Secretary of Health and Human Serv-
12 ices’’ and inserting ‘‘, the Secretary of Edu-
13 cation, and the Secretary of Health and Human
14 Services’’; and
15 (2) in paragraph (2)(B)—
16 (A) by redesignating clause (vii) as clause
17 (viii);
18 (B) in clause (vi), by striking ‘‘and’’ after
19 the semicolon; and
20 (C) by inserting after clause (vi) the fol-
21 lowing:
22 ‘‘(vii) employment and training pro-
23 grams carried out by the Economic Devel-
24 opment Administration; and’’.
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1 (b) MEMORANDUM OF UNDERSTANDING.—Section
2 121(c)(2)(A) of the Workforce Innovation and Oppor-
3 tunity Act (29 U.S.C. 3151(c)(2)(A)) is amended—
4 (1) in clause (ii)—
5 (A) in subclause (I) by striking ‘‘and’’
6 after the semicolon;
7 (B) by amending subclause (II) to read as
8 follows:
9 ‘‘(II) funding of physical and vir-
10 tual infrastructure costs of one-stop
11 centers in accordance with subsection
12 (h)(3), if funding received by the local
13 area under subsection (h)(2) is insuf-
14 ficient to cover such costs;’’; and
15 (2) by amending clause (iv) to read as follows:
16 ‘‘(iv) methods to provide appropriate
17 access of services (including access to tech-
18 nology and materials) to workers, youth,
19 individuals with barriers to employment,
20 and individuals at risk of displacement and
21 in need of upskilling due to evolving tech-
22 nologies or automation through the one-
23 stop delivery system to address the needs
24 of such workers and youth, and to increase
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1 access, particularly in underserved and
2 rural communities; and’’.
3 (c) ONE-STOP OPERATORS.—Section 121(d) of the
4 Workforce Innovation and Opportunity Act (29 U.S.C.
5 3151(d)) is amended—
6 (1) in paragraph (2)—
7 (A) in subparagraph (A), by striking
8 ‘‘process; and’’ and inserting ‘‘process, except
9 as authorized by paragraph (4), and in manner
10 that ensures that such designation or certifi-
11 cation does not displace (including a partial dis-
12 placement, such as a reduction in the hours of
13 nonovertime work, wages, or employment bene-
14 fits) any currently employed public employees
15 under a merit-system; and’’; and
16 (B) in subparagraph (B)—
17 (i) by amending clause (i) to read as
18 follows:
19 ‘‘(i) a secondary school, an area ca-
20 reer and technical education school, or an
21 institution of higher education;’’;
22 (ii) in clause (v), by striking ‘‘and’’
23 after the semicolon;
24 (iii) by redesignating clause (vi) as
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1 (iv) by inserting after clause (v) the
2 following:
3 ‘‘(vi) a public library; and’’; and
4 (v) in clause (vii), as so redesignated,
5 by inserting ‘‘or joint labor-management’’
6 after ‘‘a labor’’;
7 (2) by redesignating paragraphs (3) and (4) as
8 paragraphs (5) and (6);
9 (3) by inserting after paragraph (2) the fol-
10 lowing:
11 ‘‘(3) RESPONSIBILITIES.—The responsibilities
12 of the one-stop operator—
13 ‘‘(A) shall include managing the physical
14 and virtual infrastructure and operations of the
15 one-stop system in the local area, and facili-
16 tating coordination among the partners in the
17 one-stop system; and
18 ‘‘(B) may include the provision of direct
19 services to job seekers and employers.
20 ‘‘(4) LOCAL BOARD AS ONE-STOP OPERATOR.—
21 Subject to approval from the Governor and in ac-
22 cordance with any other eligibility criteria estab-
23 lished by the State, a local board may serve as a
24 one-stop operator consistent with the requirements
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1 (4) in paragraph (5), as so redesignated, by
2 striking ‘‘and secondary schools’’.
3 (d) ACCESS TO BROADBAND INTERNET SERVICE.—
4 Section 121(e)(1) of the Workforce Innovation and Oppor-
5 tunity Act (29 U.S.C. 3151(e)(1)) is amended—
6 (1) in subparagraph (D), by striking ‘‘and’’
7 after the semicolon;
8 (2) in subparagraph (E), by striking the period
9 at the end and inserting ‘‘; and’’; and
10 (3) by adding at the end the following:
11 ‘‘(F) provide access to broadband internet
12 service, including for rural communities.’’.
13 (e) ESTABLISHMENT OF ONE-STOP DELIVERY SYS-
14 TEM.—Section 121(e)(2) of the Workforce Innovation and
15 Opportunity Act (29 U.S.C. 3151(e)(2)) is amended—
16 (1) in subparagraph (A)—
17 (A) by inserting ‘‘in person or virtually’’
18 after ‘‘accessible’’; and
19 (B) by inserting ‘‘and in a manner that
20 improves efficiency, coordination, and quality in
21 the delivery of one-stop partner services’’ after
22 ‘‘State’’;
23 (2) in subparagraph (B)—
24 (A) in clause (i), by inserting ‘‘(such as a
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1 an area career and technical education school,
2 or a public library) and through community-
3 based organizations’’ after ‘‘affiliated sites’’;
4 and
5 (B) in clause (ii)(II) by adding ‘‘and’’ after
6 the semicolon;
7 (3) in subparagraph (C)—
8 (A) by inserting ‘‘virtual or physical’’ after
9 ‘‘may have’’; and
10 (B) by striking ‘‘; and’’ and inserting a pe-
11 riod; and
12 (4) by striking subparagraph (D).
13 (f) CERTIFICATION AND CONTINUOUS IMPROVEMENT
14 OF ONE-STOP CENTERS.—Section 121(g)(2)(A) of the
15 Workforce Innovation and Opportunity Act (29 U.S.C.
16 3151(g)(2)(A)) is amended by striking ‘‘subsections
17 (h)(1)’’ and inserting ‘‘subsections (h)(3)’’.
18 (g) FUNDING OF ONE-STOP INFRASTRUCTURE.—
19 Section 121(h) of the Workforce Innovation and Oppor-
20 tunity Act (29 U.S.C. 3151(h)) is amended to read as fol-
21 lows:
22 ‘‘(h) FUNDING OF ONE-STOP INFRASTRUCTURE.—
23 ‘‘(1) IN GENERAL.—For any program year, not
24 more than 10 percent of the funds allotted under
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1 Peyser Act (29 U.S.C. 49e), and not more than 2
2 percent of the funds allotted under section 211, shall
3 be used to fund the costs of infrastructure of one-
4 stop centers in local areas, and the percentage of an
5 allotment under any such section shall be propor-
6 tionate to the use of the one-stop delivery system by
7 the programs funded by such section.
8 ‘‘(2) ALLOCATION BY GOVERNOR.—
9 ‘‘(A) IN GENERAL.—From the funds pro-
10 vided under paragraph (1), the Governor shall
11 allocate the funds to local areas in accordance
12 with the formula established under subpara-
13 graph (B) for the purposes of paying the costs
14 of infrastructure of one-stop centers.
15 ‘‘(B) ALLOCATION FORMULA.—The State
16 board shall develop a formula to be used by the
17 Governor to allocate the funds provided under
18 paragraph (1) to local areas. The formula shall
19 be based on factors including the number of
20 one-stop centers in a local area, the intensity of
21 services provided by such centers, the popu-
22 lation served by such centers, the services pro-
23 vided by such centers, and other factors relat-
24 ing to the performance of such centers that the
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1 ‘‘(C) COSTS OF INFRASTRUCTURE.—In
2 this subsection, the term ‘‘costs of infrastruc-
3 ture’’, used with respect to a one-stop center,
4 means the nonpersonnel costs that are nec-
5 essary for the general operation of the one-stop
6 center (whether for in-person or virtual service
7 delivery), including the rental costs of the facili-
8 ties, the costs of utilities and maintenance,
9 equipment (including assessment-related prod-
10 ucts and assistive technology for individuals
11 with disabilities), and technology to facilitate
12 access to the one-stop center, including the cen-
13 ter’s planning and outreach activities.
14 ‘‘(3) ADDITIONAL FUNDING.—
15 ‘‘(A) IN GENERAL.—In the case of a local
16 area for which funds allocated under paragraph
17 (2) are insufficient to cover the total costs of
18 infrastructure of one-stop centers in such local
19 area, the local board, chief elected officials, and
20 one-stop partners described in subsection (b)(1)
21 in such local area may fund such costs through
22 methods agreed on by the local board, chief
23 elected officials, and one-stop partners (and de-
24 scribed in the memorandum of understanding
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1 ‘‘(B) GUIDANCE FOR INFRASTRUCTURE
2 FUNDING.—The Governor, after consultation
3 with chief elected officials, local boards, and the
4 State board, and consistent with the guidance
5 and policies provided by the State board under
6 subparagraphs (B) and (C)(i) of section
7 101(d)(7), shall provide, for the use of local
8 areas under subparagraph (A)—
9 ‘‘(i) guidelines for State-administered
10 one-stop partner programs, for deter-
11 mining such programs’ contributions to a
12 one-stop delivery system, based on such
13 programs’ proportionate use of such sys-
14 tem consistent with chapter II of title 2,
15 Code of Federal Regulations (or any cor-
16 responding similar regulation or ruling),
17 including determining funding for the costs
18 of infrastructure, which contributions shall
19 be negotiated pursuant to the memo-
20 randum of understanding under subsection
21 (c); and
22 ‘‘(ii) guidance to assist local boards,
23 chief elected officials, and one-stop part-
24 ners in local areas in determining equitable
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1 infrastructure of one-stop centers in such
2 areas.’’.
3 (h) OTHER FUNDS.—Section 121(i)(2) (29 U.S.C.
4 3151(i)(2)) is amended by striking ‘‘basic skills’’ and in-
5 serting ‘‘foundational skill needs’’.
6 SEC. 222. IDENTIFICATION OF ELIGIBLE PROVIDERS OF
7 TRAINING SERVICES.
8 (a) CRITERIA AND INFORMATION REQUIREMENTS.—
9 Section 122(b) (29 U.S.C. 3152(b)) is amended—
10 (1) in paragraph (1)—
11 (A) by amending the matter preceding sub-
12 paragraph (A) to read as follows: ‘‘The criteria
13 established pursuant to subsection (a) shall in-
14 clude criteria on each of the following:’’; and
15 (B) in subparagraph (A)(i), striking ‘‘per-
16 formance accountability measures’’ and insert-
17 ing ‘‘levels of performance achieved on the indi-
18 cators described in section 116’’;
19 (C) in subparagraph (B)—
20 (i) by striking ‘‘The need to ensure’’
21 and inserting ‘‘Ensuring’’; and
22 (ii) by inserting ‘‘and online learning
23 platforms’’ after ‘‘technology’’;
24 (D) by amending subparagraph (D) to
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1 ‘‘(D)(i) With respect to each training pro-
2 gram of each such provider—
3 ‘‘(I) the degree to which the training
4 program—
5 ‘‘(aa) relates to in-demand indus-
6 try sectors and occupations in the
7 State or local areas within the State,
8 based on analysis of labor market
9 data and direct engagement with local
10 employers; and
11 ‘‘(bb) satisfies any applicable
12 educational requirements for profes-
13 sional licensure or certification, in-
14 cluding licensure or certification ex-
15 aminations needed to practice or find
16 employment in the sectors or occupa-
17 tions for which the program prepares
18 the individual in the State; and
19 ‘‘(II) the expected—
20 ‘‘(aa) recognized postsecondary
21 credentials earned as part of such
22 program;
23 ‘‘(bb) employment opportunities
24 upon program completion;
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1 ‘‘(cc) median earnings of individ-
2 uals during the fourth quarter after
3 exit from the program, as compared
4 to median earnings of occupations for
5 which the program prepares the indi-
6 vidual in the State and local area;
7 ‘‘(dd) program cost of such pro-
8 gram;
9 ‘‘(ee) competencies taught as
10 part of such program that align to ex-
11 pected job opportunities;
12 ‘‘(ff) time to completion of such
13 program; and
14 ‘‘(gg) alignment of such program
15 to career pathways; and
16 ‘‘(ii)(I) Subject to subclauses (II) and
17 (III), the information described in clause (i)
18 shall be validated in accordance with guidance
19 issued by the Secretary with respect to each
20 training program of each such provider, which
21 may include validation, by at least one of the
22 following entities:
23 ‘‘(aa) 3 or more employers.
24 ‘‘(bb) An industry association.
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1 ‘‘(cc) A labor organization or joint
2 labor-management organization, or an in-
3 dustry or sector partnership.
4 ‘‘(II) The requirements of subclause (I)
5 shall not apply to any program that is—
6 ‘‘(aa) offered by a public institution of
7 higher education; or
8 ‘‘(bb) accredited by a programmatic
9 accrediting agency (as defined in section
10 602.3 of title 34, Code of Federal Regula-
11 tions (or successor regulations)).
12 ‘‘(III) An entity listed in item (aa), (bb),
13 or (cc) of subclause (I) that is providing valida-
14 tion under this clause with respect to a training
15 program may not be the provider of such train-
16 ing program.’’;
17 (E) by striking subparagraphs (E), (F),
18 (G), and (H);
19 (F) by redesignating subparagraphs (I)
20 and (J) as subparagraphs (E) and (F), respec-
21 tively; and
22 (G) in subparagraph (F), as so redesig-
23 nated—
24 (i) by amending clause (i) to read as
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1 ‘‘(i) the accountability of the pro-
2 viders, including in the case of a training
3 program that is offered by an institution of
4 higher education, that such institution has
5 not been subject, during the 5 years pre-
6 ceding the date of the determination of
7 whether such a provider meets such cri-
8 teria, to—
9 ‘‘(I) any suspension, emergency
10 action, or termination of programs
11 under title IV of the Higher Edu-
12 cation Act of 1965;
13 ‘‘(II) any adverse action by the
14 accrediting agency or association of
15 the institution of higher education; or
16 ‘‘(III) any action by the State to
17 revoke a license or other authority to
18 operate;’’; and
19 (ii) in clause (ii), by striking ‘‘one-
20 stop centers’’ and inserting ‘‘local boards’’;
21 (2) in paragraph (2)—
22 (A) by striking ‘‘The information’’ and in-
23 serting the following:
24 ‘‘(A) PROVIDERS SERV-
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25 ICES.—The information’’
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1 (B) by redesignating subparagraphs (A)
2 through (E) as clauses (i) through (v), respec-
3 tively: and
4 (C) by adding at the end the following:
5 ‘‘(B) STATES.—The State shall make
6 available on a publicly accessible website and in
7 a manner that does not reveal personally identi-
8 fiable information—
9 ‘‘(i) the criteria, information require-
10 ments, and procedures regarding the eligi-
11 bility of providers of training services es-
12 tablished pursuant to subsection (a); and
13 ‘‘(ii) the appropriate, accurate, and
14 timely information each provider of train-
15 ing services submits to the State in accord-
16 ance with subparagraph (A) of this para-
17 graph.’’;
18 (3) in paragraph (4)—
19 (A) in subparagraph (B)—
20 (i) by striking ‘‘section 122 of the
21 Workforce Investment Act of 1998, as in
22 effect on the day before the date of enact-
23 ment of this Act’’ and inserting ‘‘section
24 122, as in effect on the date before the
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1 date of enactment of the Workforce Inno-
2 vation and Opportunity Act of 2022’’; and
3 (ii) by inserting at the end the fol-
4 lowing: ‘‘A Governor shall make an eligi-
5 bility determination under this paragraph
6 with respect to a provider not later than
7 60 days after receipt of an application for
8 such a determination from such provider.’’;
9 (B) in subparagraph (C) by inserting ‘‘, in-
10 cluding to the extent practicable for the 2-year
11 period preceding the date of the provider’s ap-
12 plication under this paragraph’’ after ‘‘sub-
13 title’’; and
14 (C) in subparagraph (D)—
15 (i) in clause (i), by striking ‘‘a factor’’
16 and inserting ‘‘the levels of performance
17 achieved’’;
18 (ii) in clause (iii), by striking ‘‘and’’
19 at the end;
20 (iii) in clause (iv), by striking the pe-
21 riod at the end and inserting ‘‘; and’’; and
22 (iv) by adding at the end the fol-
23 lowing:
24 ‘‘(v) a factor related to serving indi-
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1 (b) PROCEDURES.—Section 122(c)(2) (29 U.S.C.
2 3152(c)(2)), by striking ‘‘biennial’’ and inserting ‘‘an-
3 nual’’.
4 (c) LIST AND INFORMATION TO ASSIST PARTICI-
5 PANTS IN CHOOSING PROVIDERS.—Section 122(d)(3) (29
6 U.S.C. 3152(d)(3)), by inserting ‘‘on a publicly accessible
7 website that is consumer-tested and is searchable and
8 comparable, through the use of common, linked, open-data
9 description language’’ after ‘‘individual participant’’.
10 (d) ENFORCEMENT.—Section 122(f)(1) (29 U.S.C.
11 3152(f)(1)) is amended to read as follows:
12 ‘‘(1) IN GENERAL.—The procedures established
13 under this section shall provide the following:
14 ‘‘(A) FAILURE TO MEET PROGRAM RE-
15 QUIREMENTS.—In addition to the violations de-
16 scribed in subparagraph (B), any provider of
17 training services eligible to receive funds under
18 chapter 3—
19 ‘‘(i) shall have such eligibility termi-
20 nated for a period of 1 year upon a deter-
21 mination by an individual or entity speci-
22 fied in the procedures, that such pro-
23 vider—
24 ‘‘(I) in a case in which the pro-
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1 subsection (b)(4), failed to report in-
2 formation as required under sub-
3 section (b)(4)(C);
4 ‘‘(II) failed to inform the State
5 board or local board that the training
6 program of such provider has
7 changed, and as a result of such
8 change the information with respect
9 to such training program under sub-
10 section (b)(1) used by the Governor to
11 determine the provider’s eligibility to
12 receive such funds no longer accu-
13 rately describes such training pro-
14 gram; or
15 ‘‘(III) failed to meet the expected
16 performance as described in sub-
17 section (b)(4)(D); or
18 ‘‘(ii) may have such eligibility termi-
19 nated as a result of offering a program for
20 a period of less than 2 years—
21 ‘‘(I) that is no longer aligned to
22 in-demand industry sectors or occupa-
23 tions; or
24 ‘‘(II) that results in employment
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1 for the occupation in the State or
2 local area due to the insufficient qual-
3 ity of training provided under the pro-
4 gram.
5 ‘‘(B) SUBSTANTIAL VIOLATIONS.—Upon a
6 determination, by an individual or entity speci-
7 fied in the procedures, that a provider of train-
8 ing services substantially violated any require-
9 ment under this title, or that an individual pro-
10 viding information on behalf of the provider in-
11 tentionally supplied inaccurate information
12 under this section, the eligibility of such pro-
13 vider to receive funds under chapter 3 for the
14 program involved shall be terminated for a pe-
15 riod of not less than 2 years.
16 ‘‘(C) REPAYMENT.—A provider of training
17 services whose eligibility is terminated under
18 subparagraph (A) or (B) of this paragraph
19 shall be liable for the repayment of funds re-
20 ceived under chapter 3 during a period of viola-
21 tion described in such subparagraph.’’.
22 (e) TRANSITION PERIOD.—Section 122(i) ((29
23 U.S.C. 3152(i)) is amended to read as follows:
24 ‘‘(i) TRANSITION PERIOD FOR IMPLEMENTATION.—
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1 quirements of this section, as amended by the Workforce
2 Innovation and Opportunity Act of 2022, not later than
3 12 months after the date of enactment of such Act, except
4 that the criteria established under items (ff) and (gg) of
5 subsection (b)(1)(D)(i)(II) may not be used until the date
6 that is 3 years after the date of enactment of such Act.’’.
7 CHAPTER 2—YOUTH WORKFORCE
8 INVESTMENT ACTIVITIES
9 SEC. 231. STATE ALLOTMENTS.
10 Section 127 of the Workforce Innovation and Oppor-
11 tunity Act (29 U.S.C. 3162) is amended—
12 (1) by amending subsection (a)(1) to read as
13 follows:
14 ‘‘(1) reserve 11⁄2 percent of funds appropriated
15 under section 136(a), for each fiscal year for which
16 funds are appropriated under such section, to pro-
17 vide youth workforce investment activities under sec-
18 tion 167 (relating to migrant and seasonal farm-
19 workers); and’’; and
20 (2) in subsection (b)(1)—
21 (A) in subparagraph (A), by striking ‘‘not
22 more than 11⁄2’’ and inserting ‘‘2’’; and
23 (B) in subparagraph (B)—
24 (i) in clause (i), by striking ‘‘1/4 of’’;
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1 (iii) by redesignating clause (iii) as
2 clause (ii).
3 SEC. 232. WITHIN STATE ALLOCATIONS.
4 Section 128(b) of the Workforce Innovation and Op-
5 portunity Act (29 U.S.C. 3163(b)) is amended by adding
6 at the end the following:
7 ‘‘(5) TRANSFER AUTHORITY.—A local board
8 may transfer, if such a transfer is approved by the
9 Governor, up to and including 100 percent of the
10 funds allocated to the local area under section
11 130(a)(2), and up to and including 100 percent of
12 the funds allocated to the local area under this sub-
13 section for a fiscal year between—
14 ‘‘(A) activities under section 129(c); and
15 ‘‘(B) activities under section 130.’’.
16 SEC. 233. USE OF FUNDS FOR YOUTH WORKFORCE INVEST-
17 MENT ACTIVITIES.
18 (a) COMPREHENSIVE LOCAL NEEDS ASSESSMENT.—
19 Section 129(a) of the Workforce Innovation and Oppor-
20 tunity Act (29 U.S.C. 3164(a)) is amended to read as fol-
21 lows:
22 ‘‘(a) COMPREHENSIVE LOCAL NEEDS ASSESS-
23 MENT.—
24 ‘‘(1) IN GENERAL.—In order to determine
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1 can best serve, a local board shall ensure that the
2 comprehensive needs assessment related to youth
3 workforce investment activities under section
4 108(b)(9) of the local plan shall meet the require-
5 ments of this subsection, and shall be updated at
6 least once every 4 years.
7 ‘‘(2) REQUIREMENTS.—A comprehensive local
8 needs assessment described in paragraph (1) with
9 respect to a local area shall include each of the fol-
10 lowing:
11 ‘‘(A) A description of how youth workforce
12 investment activities offered by the local area
13 are—
14 ‘‘(i) sufficient in size, scope, and qual-
15 ity to meet the needs of eligible youth in
16 the local area;
17 ‘‘(ii) aligned to State, regional, Tribal,
18 or local in-demand industry sectors or oc-
19 cupations (including career pathways),
20 identified by the State board or local
21 board; and
22 ‘‘(iii) developed in partnership with el-
23 igible youth in the local area and aligned
24 with their needs, including program ele-
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1 ‘‘(B) An identification of successful models
2 of youth workforce investment activities.
3 ‘‘(C) A description of the progress during
4 the most recent 2 program years covered by the
5 local plan of the local area toward implementa-
6 tion of equal access to high-quality youth work-
7 force investment activities, including—
8 ‘‘(i) strategies to provide eligible
9 youth access to paid work experience op-
10 portunities and career pathways;
11 ‘‘(ii) strategies to overcome barriers
12 that result in lower rates of access to, or
13 performance gaps in, youth workforce in-
14 vestment activities for eligible youth;
15 ‘‘(iii) providing programs and activi-
16 ties that are designed to enable eligible
17 youth to attain a secondary school diploma
18 or its equivalent, or recognized postsec-
19 ondary credentials;
20 ‘‘(iv) providing programs and activi-
21 ties to prepare eligible youth for high-skill,
22 high-wage, or in-demand industry sectors
23 or occupations that will lead to self-suffi-
24 ciency;
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1 ‘‘(v) strategies to identify the local
2 area needs of the subpopulations of eligible
3 youth described in section 128(b)(4)(A)(i);
4 and
5 ‘‘(vi) providing workforce readiness
6 opportunities, supportive services, adult
7 mentoring, financial literacy, activities to
8 develop soft skills, or career exposure ac-
9 tivities.
10 ‘‘(3) CONSULTATION.—In conducting the com-
11 prehensive needs assessment under paragraph (1),
12 the local area shall involve a diverse body of stake-
13 holders, including, at a minimum—
14 ‘‘(A) representatives of local educational
15 agencies, including representatives of career
16 and technical education programs;
17 ‘‘(B) eligible providers of training services,
18 including eligible providers of apprenticeship
19 programs and pre-apprenticeship programs, and
20 providers of internships, paid or unpaid work
21 experience opportunities, or transitional jobs;
22 ‘‘(C) representatives of business and indus-
23 try (including representatives of small busi-
24 ness), which shall include representatives of in-
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1 ‘‘(D) mental health professionals specifi-
2 cally trained in youth treatment, where possible;
3 ‘‘(E) interested community representatives,
4 including community-based organizations;
5 ‘‘(F) representatives of eligible youth, in-
6 cluding representatives of regional or local
7 agencies serving eligible youth;
8 ‘‘(G) representatives of Indian Tribes and
9 Tribal organizations in the State, where appli-
10 cable; and
11 ‘‘(H) any other stakeholders that the State
12 may require the local area to consult.
13 ‘‘(4) CONTINUED CONSULTATION.—Each local
14 area receiving financial assistance under this chapter
15 shall consult with stakeholders described in para-
16 graph (3) on an ongoing basis, as determined by the
17 Governor. This may include consultation in order
18 to—
19 ‘‘(A) provide input on quadrennial updates
20 to the comprehensive needs assessment required
21 under paragraph (1);
22 ‘‘(B) ensure youth workforce investment
23 activities—
24 ‘‘(i) are responsive to local area em-
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1 ‘‘(ii) are responsive to local area
2 youth’s career interests and goals;
3 ‘‘(iii) are aligned with employment
4 priorities in the State, regional, tribal, or
5 local economy identified by employers and
6 the entities described in paragraph (3),
7 which may include high-skill, high-wage, or
8 in-demand industry sectors or occupations
9 identified by the local board;
10 ‘‘(iv) are informed by labor market in-
11 formation, including information provided
12 under section 15(e)(2)(C) of the Wagner-
13 Peyser Act (29 U.S.C. 491–2(e)(2)(C));
14 ‘‘(v) are designed to meet current, in-
15 termediate, or long-term labor market pro-
16 jections; and
17 ‘‘(vi) allow employer input, including
18 input from industry or sector partnerships
19 in the local area, where applicable, into the
20 development and implementation of youth
21 workforce investment activities to ensure
22 such activities align with skills and com-
23 petencies required by local employment op-
24 portunities, including activities such as the
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1 petencies, recognized postsecondary creden-
2 tials, and current technology and equip-
3 ment;
4 ‘‘(C) identify and encourage opportunities
5 for work-based learning;
6 ‘‘(D) ensure funding under this part is
7 used in a coordinated manner with other local
8 resources; and
9 ‘‘(E) identify successful community-based
10 models for youth workforce development and
11 encourage integration with local area activi-
12 ties.’’.
13 (b) STATEWIDE ACTIVITIES.—Section 129(b) of the
14 Workforce Innovation and Opportunity Act (29 U.S.C.
15 3164(b)) is amended—
16 (1) by amending paragraph (1)(B) to read as
17 follows:
18 ‘‘(B) disseminating the list of eligible pro-
19 viders of youth workforce investment activities,
20 as determined under section 123, including in
21 transparent, linked, open, and interoperable
22 data formats;’’; and
23 (2) in paragraph (2)—
24 (A) in subparagraph (A)(ii), by inserting ‘‘,
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1 regional intermediary with experience devel-
2 oping youth workforce readiness programs and
3 that subgrants to community-based organiza-
4 tions’’ before the semicolon;
5 (B) in subparagraph (C), by striking ‘‘de-
6 scribed in section 134(c)(2)’’ and inserting ‘‘,
7 including individualized career services,’’;
8 (C) in subparagraph (D)—
9 (i) in clause (iv), by striking ‘‘and’’ at
10 the end;
11 (ii) in clause (v), by striking ‘‘and’’ at
12 the end; and
13 (iii) by adding at the end the fol-
14 lowing:
15 ‘‘(vi) coordinating with other entities
16 that provide financial literacy education
17 and empowerment activities (such as non-
18 profit organizations, State and local gov-
19 ernment agencies with relevant missions,
20 and financial institutions) to support the
21 activities described in clauses (i) through
22 (v); and
23 ‘‘(vii) supporting the ability to under-
24 stand relevant tax information and obliga-
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1 (D) in subparagraph (E), by striking the
2 period at the end and inserting ‘‘; and’’; and
3 (E) by adding at the end the following:
4 ‘‘(F) establishing, supporting, and expand-
5 ing work-based learning opportunities, including
6 transitional jobs, that are aligned with career
7 pathways.’’.
8 (c) LOCAL ELEMENTS AND REQUIREMENTS.—
9 (1) PROGRAM DESIGN.—Section 129(c)(1) of
10 the Workforce Innovation and Opportunity Act (29
11 U.S.C. 3164(c)(1)) is amended—
12 (A) in subparagraph (C)—
13 (i) in clause (iv), by striking ‘‘in ap-
14 propriate cases’’ and inserting ‘‘including
15 paid work-based learning opportunities’’;
16 and
17 (ii) in clause (v), by inserting ‘‘high-
18 skill, high-wage, or’’ before ‘‘in-demand’’;
19 and
20 (B) in subparagraph (D), by striking ‘‘10
21 percent’’ and inserting ‘‘15 percent’’.
22 (2) PROGRAM ELEMENTS.—Section 129(c)(2)
23 of the Workforce Innovation and Opportunity Act
24 (29 U.S.C. 3164(c)(2) is amended to read as fol-
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1 ‘‘(2) PROGRAM ELEMENTS.—In order to sup-
2 port the attainment of a secondary school diploma or
3 its recognized equivalent, entry into postsecondary
4 education, and career readiness for participants,
5 local areas shall ensure that each of following ele-
6 ments are provided under the programs described in
7 paragraph (1), as appropriate, to meet the needs of
8 eligible youth in the local area:
9 ‘‘(A) Tutoring, study skills training, in-
10 struction, and dropout prevention and recovery
11 strategies that lead to completion of the re-
12 quirements for a secondary school diploma or
13 its recognized equivalent (including a recognized
14 certificate of attendance or similar document
15 for individuals with disabilities) or for a recog-
16 nized postsecondary credential.
17 ‘‘(B) Alternative secondary school services,
18 or dropout recovery services, as appropriate.
19 ‘‘(C) Paid or unpaid, work-based learning
20 experiences, which—
21 ‘‘(i) may include summer and year-
22 round employment opportunities that meet
23 the requirements of section 130; and
24 ‘‘(ii) may include, to the extent prac-
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1 ‘‘(I) pre-apprenticeship or ap-
2 prenticeship programs;
3 ‘‘(II) internships and job shad-
4 owing; and
5 ‘‘(III) on-the-job training oppor-
6 tunities.
7 ‘‘(D) Occupational skill training, which
8 shall include priority consideration for training
9 programs that lead to recognized postsecondary
10 credentials that are aligned with high-skill,
11 high-wage, or in-demand industry sectors or oc-
12 cupations in the local area involved, if the local
13 board determines that the programs meet the
14 quality criteria described in section 123.
15 ‘‘(E) Education offered concurrently with
16 and in the same context as workforce prepara-
17 tion activities and training for a specific occu-
18 pation or occupational cluster.
19 ‘‘(F) Leadership development opportuni-
20 ties, which may include community service and
21 peer-centered activities encouraging responsi-
22 bility and other positive social and civic behav-
23 iors, as appropriate.
24 ‘‘(G) Supportive services.
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1 ‘‘(H) Adult mentoring for the period of
2 participation and a subsequent period, for a
3 total of not less than 12 months.
4 ‘‘(I) Follow-up services for the longer of 24
5 months or the completion of any postsecondary
6 education or training to which participants are
7 referred after completion of such program.
8 ‘‘(J) Comprehensive guidance and coun-
9 seling, including trauma-informed approaches.
10 ‘‘(K) Services that provide participants
11 with information on Federal, State, and local
12 mental health resources, including contact in-
13 formation for the National Suicide Prevention
14 Lifeline.
15 ‘‘(L) Financial literacy education, includ-
16 ing the information described in subsection
17 (b)(2)(D).
18 ‘‘(M) Entrepreneurial skills training.
19 ‘‘(N) Services that provide labor market
20 and employment information about high-skill,
21 high-wage, or in-demand industry sectors or oc-
22 cupations available in the local area, such as ca-
23 reer awareness, career counseling, and career
24 exploration services, which may include pro-
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1 ondary schools (as defined in section 8101 of
2 the Elementary and Secondary Education Act
3 of 1965 (20 U.S.C. 7801)).
4 ‘‘(O) Activities that help youth prepare for
5 and transition to postsecondary education and
6 training.
7 ‘‘(P) Activities to develop fundamental
8 workforce readiness skills, or to develop employ-
9 ability skills, which may include communication,
10 creativity, collaboration, and critical thinking,
11 and that support social-emotional development
12 through every developmental stage, in both for-
13 mal and informal learning experiences.
14 ‘‘(Q) Digital skills training, including ac-
15 cess to training that supports basic digital lit-
16 eracy.
17 ‘‘(R) Provision of meals and other food as-
18 sistance that is offered to participants in con-
19 junction with another activity described in this
20 paragraph.’’.
21 (3) CONSISTENCY WITH COMPULSORY SCHOOL
22 ATTENDANCE LAWS.—Section 129(c)(4) (29 U.S.C.
23 3164(c)(4)) is amended to read as follows:
24 ‘‘(4) CONSISTENCY WITH COMPULSORY SCHOOL
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25 ATTENDANCE LAWS.—In providing assistance under
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1 this section to an individual who is required to at-
2 tend school under applicable State compulsory school
3 attendance laws, the priority in providing such as-
4 sistance shall be for the individual to attend school
5 regularly.’’.
6 SEC. 234. SUMMER AND YEAR-ROUND EMPLOYMENT FOR
7 YOUTH.
8 Chapter 2 of subtitle B of title I of the Workforce
9 Innovation and Opportunity Act (29 U.S.C. 3111 et seq.),
10 as amended by the preceding sections, is further amended
11 by adding at the end the following:
12 ‘‘SEC. 130. SUMMER AND YEAR-ROUND EMPLOYMENT FOR
13 YOUTH.
14 ‘‘(a) FUNDING.—
15 ‘‘(1) STATE ALLOTMENT.—From the amount
16 appropriated under section 136(b) for a fiscal year,
17 the Secretary shall allot funds to each State on the
18 basis of the relative allotment the State received
19 under section 127(b) for such fiscal year, compared
20 to the total amount allotted to all States under sec-
21 tion 127(b) for such fiscal year.
22 ‘‘(2) LOCAL AREA ALLOCATION.—A State shall
23 use the funds allotted under paragraph (1) for a fis-
24 cal year to allocate funds to each local area of the
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1 area received under section 128(b) for such fiscal
2 year, compared to the total amount allocated to all
3 local areas in the State under section 128(b) for
4 such fiscal year.
5 ‘‘(b) ACTIVITIES.—The local board of a local area
6 covered by the local plan submitted under section 108—
7 ‘‘(1) shall use the funds received under this sec-
8 tion to—
9 ‘‘(A) plan, develop, and carry out a sum-
10 mer employment program or a year-round em-
11 ployment program described in subsection (c);
12 ‘‘(B) increase the number of summer or
13 year-round employment opportunities offered
14 through such program, including unsubsidized
15 or partly subsidized opportunities, and opportu-
16 nities in the private sector;
17 ‘‘(C) engage or establish industry or sector
18 partnerships to determine local employment
19 needs to inform the establishment of such a
20 program; and
21 ‘‘(D) conduct outreach to eligible youth
22 and employers; and
23 ‘‘(2) may—
24 ‘‘(A) use the funds received under this sec-
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1 cluding data and management systems, to sup-
2 port such a program;
3 ‘‘(B) use such funds to enhance the pro-
4 gram elements required under subsection (c)(1);
5 and
6 ‘‘(C) use such funds to provide subgrants
7 to eligible community-based organizations with
8 experience in youth workforce readiness and
9 training to administer activities of such a pro-
10 gram.
11 ‘‘(c) SUMMER AND YEAR-ROUND EMPLOYMENT PRO-
12 GRAM REQUIREMENTS.—
13 ‘‘(1) PROGRAM ELEMENTS.—A summer employ-
14 ment program or a year-round employment program
15 described in this subsection shall include the fol-
16 lowing program elements:
17 ‘‘(A) Work-readiness training (including
18 soft skills) and educational programs aligned to
19 career pathways for eligible youth to enhance
20 their year-round employment opportunities, in-
21 cluding digital literacy and online work-readi-
22 ness opportunities, as appropriate, and support
23 obtaining documentation needed for employ-
24 ment, such as identification or licenses.
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1 ‘‘(B) Coaching and mentoring services for
2 eligible youth participating in the program to
3 enhance their summer or year-round employ-
4 ment opportunities and encourage completion of
5 such opportunities through the program.
6 ‘‘(C) Coaching and mentoring services for
7 employers on how to successfully employ each
8 eligible youth participating in the program in
9 meaningful work, including providing a safe
10 work and training environment for all partici-
11 pants, regardless of race, color, disability, age,
12 religion, national origin, sexual orientation, or
13 gender identity.
14 ‘‘(D) Career exploration, career counseling,
15 career planning, and college planning services
16 for eligible youth participating in the program.
17 ‘‘(E) High-quality financial literacy edu-
18 cation as described in section 129(b)(2)(D), for
19 eligible youth participating in the program, in-
20 cluding education on the use of credit and fi-
21 nancing higher education, and access to safe
22 and affordable banking.
23 ‘‘(F) Providing supportive services to eligi-
24 ble youth, or connecting such youth to sup-
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1 enable participation in the program, which may
2 include food and nutrition services, and health
3 and mental health care supports.
4 ‘‘(G) Follow-up services for not less than
5 12 months after the completion of participation,
6 as appropriate.
7 ‘‘(H) Integration of services provided by
8 the program with youth development programs,
9 secondary school programs, career and technical
10 education programs, youth workforce invest-
11 ment activities under this chapter, and skills
12 training programs funded by the State or Fed-
13 eral Government, as applicable.
14 ‘‘(I) Connecting youth participating in the
15 program to providers of youth services, adult
16 employment and training services, vocational re-
17 habilitation services, adult education and family
18 literacy services under title II, career pathways,
19 postsecondary education, or skills training pro-
20 grams funded by the State or Federal Govern-
21 ment, as applicable.
22 ‘‘(J) Commitment and support from may-
23 ors or county executives to support the execu-
24 tion of the program.
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25 ‘‘(2) PROGRAM DESIGN.—
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1 ‘‘(A) SUMMER EMPLOYMENT PROGRAM.—
2 In addition to the program elements described
3 in paragraph (1), a summer employment pro-
4 gram described in this subsection shall be a
5 program that matches eligible youth partici-
6 pating in such program with an appropriate
7 employer (based on factors including the needs
8 of the employer and the age, skill, and aspira-
9 tions of the eligible youth) for high-quality sum-
10 mer employment, which—
11 ‘‘(i) may not be less than 4 weeks;
12 and
13 ‘‘(ii) may not pay less than the great-
14 er of the applicable Federal, State, or local
15 minimum wage.
16 ‘‘(B) YEAR-ROUND EMPLOYMENT PRO-
17 GRAM.—In addition to the program elements
18 described in paragraph (1), a year-round em-
19 ployment program described in this subsection
20 shall be a program that matches each eligible
21 youth participating in the program with an ap-
22 propriate employer, based on factors (including
23 the needs of the employer and the age, skill,
24 and informed aspirations of the participant) for
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1 ‘‘(i) may not be less than 180 days
2 and more than 1 year;
3 ‘‘(ii) may not pay less than the great-
4 er of the applicable Federal, State, or local
5 minimum wage; and
6 ‘‘(iii) may not employ the eligible
7 youth for less than 20 hours per week.
8 ‘‘(3) PRIORITY.—In carrying out a summer em-
9 ployment program or a year-round employment pro-
10 gram receiving assistance under this section, a local
11 area shall give priority to year-round employment
12 opportunities offered under such program—
13 ‘‘(A) in existing or emerging high-skill,
14 high-wage, or in-demand industry sectors or oc-
15 cupations; or
16 ‘‘(B) that meet community needs in the
17 public, private, or nonprofit sector (including
18 the needs of small businesses).
19 ‘‘(d) PERFORMANCE ACCOUNTABILITY.—For each
20 local board carrying out a summer or year-round employ-
21 ment program receiving assistance under this section, the
22 primary indicators of performance, with respect to each
23 such program, shall include—
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1 ‘‘(1) the performance metrics described in
2 clause (i)(VI), and subparagraphs (I) and (II) of
3 clause (ii), of section 116(b)(2)(A);
4 ‘‘(2) the percentage of eligible youth completing
5 the summer or year-round program, as applicable;
6 and
7 ‘‘(3) the percentage of youth having partici-
8 pated in work-based learning.
9 ‘‘(e) REPORTS.—
10 ‘‘(1) IN GENERAL.—In addition to information
11 required as part of the State performance report de-
12 scribed in section 116(d)(2), each State shall include
13 for each summer and year round employment pro-
14 gram receiving assistance under this section—
15 ‘‘(A) the number of eligible youth partici-
16 pating in the program who complete a summer
17 employment opportunity or a year-round em-
18 ployment opportunity through the program;
19 ‘‘(B) the average cost per participant to
20 develop or expand such program, and the activi-
21 ties and services, and supportive services pro-
22 vided under such program;
23 ‘‘(C) the number of eligible youth partici-
24 pating in such program and accessing services
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1 ‘‘(D) the number of youth participants re-
2 ceiving a subsidized wage, and the total amount
3 and source of each such subsidy, including the
4 average amount of the subsidy covered by funds
5 received under this section;
6 ‘‘(E) the average number of hours and
7 weeks worked and the average amount of wages
8 earned by eligible youth participating in the
9 program;
10 ‘‘(F) the average number of hours spent
11 on—
12 ‘‘(i) recruitment and retention strate-
13 gies; and
14 ‘‘(ii) support for participating youth,
15 such as time management, career planning,
16 and financial literacy training;
17 ‘‘(G) the percent of eligible youth partici-
18 pating in the program that are placed in—
19 ‘‘(i) an employment opportunity in the
20 nonprofit sector;
21 ‘‘(ii) an employment opportunity in
22 the public sector; and
23 ‘‘(iii) an employment opportunity in
24 the for-profit sector; and
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1 ‘‘(H) any other information that the Sec-
2 retary of Labor determines necessary to mon-
3 itor the effectiveness of the summer or year-
4 round employment program, which may include
5 the names of community-based organizations
6 that partnered with the local program adminis-
7 trator to fulfill the required program elements.
8 ‘‘(2) DISAGGREGATION.—The information re-
9 quired to be reported under subparagraphs (A), (B),
10 and (G) of paragraphs (1) shall be disaggregated by
11 race, ethnicity, sex, age, and the subpopulations of
12 eligible youth (as defined in section 3).’’.
13 SEC. 235. YOUTH WORKFORCE DEVELOPMENT PROGRAMS
14 FOR HIGH-DEMAND OCCUPATIONS.
15 Section 129(b)(2) of the Workforce Innovation and
16 Opportunity Act (29 U.S.C. 3164(b)(2)) is amended—
17 (1) in subparagraph (D)(v), by striking ‘‘and’’
18 at the end;
19 (2) in subparagraph (E), by striking the period
20 and inserting ‘‘; and’’; and
21 (3) by inserting at the end the following:
22 ‘‘(F) developing partnerships between edu-
23 cational institutions (including area career and
24 technical education schools and institutions of
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1 improve workforce development programs to ad-
2 dress the identified education and skill needs of
3 the workforce and the employment needs of em-
4 ployers in the regions of the State, as deter-
5 mined based on the most recent analysis con-
6 ducted under subparagraphs (B) and (C) of
7 section 102(b)(1).’’.
8 CHAPTER 3—ADULT AND DISLOCATED
9 WORKER EMPLOYMENT AND TRAIN-
10 ING ACTIVITIES
11 SEC. 241. WITHIN STATE ALLOCATIONS.
12 Section 133(b)(2) (29 U.S.C. 3173(b)(2)) is amend-
13 ed—
14 (1) in subparagraph (A)(iii), by striking ‘‘The
15 term, used with respect to fiscal year 2013 or 2014,
16 means a percentage of the amount allocated to local
17 areas under paragraphs (2)(A) and (3) of section
18 133(b) of the Workforce Investment Act of 1998 (as
19 in effect on the day before the date of enactment of
20 this Act), received through an allocation made under
21 paragraph (2)(A) or (3) of that section for fiscal
22 year 2013 or 2014, respectively.’’; and
23 (2) in subparagraph (B)(iv), by striking ‘‘The
24 term, used with respect to fiscal year 2014, means
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1 under section 133(b)(2)(B) of the Workforce Invest-
2 ment Act of 1998 (as in effect on the day before the
3 date of enactment of this Act), received through an
4 allocation made under that section for fiscal year
5 2014.’’.
6 SEC. 242. USE OF FUNDS FOR EMPLOYMENT AND TRAINING
7 ACTIVITIES.
8 (a) REQUIRED STATEWIDE EMPLOYMENT AND
9 TRAINING ACTIVITIES.—
10 (1) STATEWIDE RAPID RESPONSE ACTIVI-
11 TIES.—Section 134(a)(2)(A)(ii) (29 U.S.C.
12 3174(a)(2)(A)(ii)) is amended by striking ‘‘, and
13 section 133(a)(2) of the Workforce Investment Act
14 of 1998 (as in effect on the day before the date of
15 enactment of this Act)’’.
16 (2) STATEWIDE EMPLOYMENT AND TRAINING
17 ACTIVITIES.—Section 134(a)(2)(B)(i) (29 U.S.C.
18 3174(a)(2)(B)) is amended by striking subclauses
19 (III) and (IV) and inserting the following:
20 ‘‘(III) local areas by providing in-
21 formation on and support for the ef-
22 fective development, convening, and
23 implementation of industry or sector
24 partnerships described in subsection
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1 ‘‘(IV) local areas for carrying out
2 career pathway development efforts,
3 which may include alignment and co-
4 ordination efforts with career and
5 technical education programs of
6 study; and
7 ‘‘(V) local areas, one-stop opera-
8 tors, one-stop partners, and eligible
9 providers, including for—
10 ‘‘(aa) the continuous devel-
11 opment and training of staff on
12 strategies for preparing individ-
13 uals with barriers to employment
14 to enter in-demand industry sec-
15 tors or occupations and nontradi-
16 tional occupations;
17 ‘‘(bb) the development of ex-
18 emplary program activities; and
19 ‘‘(cc) the provision of tech-
20 nical assistance to local areas
21 that fail to meet local perform-
22 ance accountability measures de-
23 scribed in section 116(c);’’.
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1 (b) ALLOWABLE STATEWIDE EMPLOYMENT AND
2 TRAINING ACTIVITIES.—Section 134(a)(3)(A) (29 U.S.C.
3 3174(a)(3)(A)) is amended—
4 (1) in clause (ii), by inserting ‘‘or bringing evi-
5 denced-based programs to scale’’ after ‘‘strategies’’;
6 (2) by amending clause (iii) to read as follows:
7 ‘‘(iii) the development or identification
8 of, and sharing of information (in trans-
9 parent, linked, open, and interoperable
10 data formats) about, education and train-
11 ing programs that—
12 ‘‘(I) respond to real-time labor
13 market analysis;
14 ‘‘(II) utilize direct assessment
15 and prior learning assessment to
16 measure and provide credit for prior
17 knowledge, skills, competencies, and
18 experiences;
19 ‘‘(III) evaluate such skills and
20 competencies for adaptability, ensure
21 credits are portable and stackable for
22 more skilled employment; and
23 ‘‘(IV) accelerate course or cre-
24 dential completion, and facilitate the
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1 programs in transparent, linked, open,
2 and interoperable data formats;’’;
3 (3) by amending clause (v) to read as follows:
4 ‘‘(v) supporting the development of al-
5 ternative programs and other activities
6 that enhance the choices available to older
7 individuals (including options for self-em-
8 ployment and other wage-earning activities
9 that lead to economic self-sufficiency), and
10 enhance skills (such as digital literacy) in
11 older individuals;’’;
12 (4) in clause (viii)(II)—
13 (A) by amending item (dd) to read as fol-
14 lows:
15 ‘‘(dd) adult education, lit-
16 eracy, and digital literacy activi-
17 ties, including those provided by
18 public libraries;’’;
19 (B) in item (ee), by striking ‘‘ex-offenders’’
20 and inserting ‘‘justice-involved individuals’’;
21 (C) by amending item (ff) to read as fol-
22 lows:
23 ‘‘(ff) financial literacy activi-
24 ties, including activities designed
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1 progress on key financial health
2 factors (including to increase
3 credit score, reduce high cost
4 debt, and increase access to safe
5 and affordable mainstream bank-
6 ing products); and’’; and
7 (D) by adding at the end the following:
8 ‘‘(gg) programs under the
9 Older Americans Act of 1965 (42
10 U.S.C. 3001 et seq.) that support
11 employment and economic secu-
12 rity; and
13 ‘‘(hh) State domestic vio-
14 lence coalitions (as defined in
15 section 302 of the Family Vio-
16 lence Prevention and Services
17 Act (42 U.S.C. 10402)) and trib-
18 al coalitions (as defined in sec-
19 tion 40002(a) of the Violence
20 Against Women Act of 1994 (34
21 U.S.C. 12291(a))).’’.
22 (c) REQUIRED LOCAL EMPLOYMENT AND TRAINING
23 ACTIVITIES.—
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1 (1) IN GENERAL.—Section 134(c)(1)(A) (29
2 U.S.C. 3174(c)(1)(A)) is amended by striking
3 clauses (iv) and (v) and inserting the following:
4 ‘‘(iv) to provide supportive services de-
5 scribed in paragraph (4) to adults and dis-
6 located workers, respectively, through the
7 one-stop delivery system in accordance
8 with such paragraph;
9 ‘‘(v) to establish and develop relation-
10 ships and networks with large and small
11 employers and their intermediaries; and
12 ‘‘(vi) to develop, convene, or imple-
13 ment industry or sector partnerships de-
14 scribed in paragraph (5).’’.
15 (2) CAREER SERVICES.—
16 (A) SERVICES PROVIDED.—Section
17 134(c)(2)(A) (29 U.S.C. 3174(c)(2)(A)) is
18 amended—
19 (i) by amending clause (iii) to read as
20 follows:
21 ‘‘(iii) initial assessment of skill levels
22 (including literacy, digital literacy,
23 numeracy, and English language pro-
24 ficiency), competencies, abilities, current
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1 sional credentials, guidance and services on
2 transferring high-skilled foreign certifi-
3 cations, and supportive service needs,
4 which may include diagnostic testing and
5 use of other assessment tools;’’;
6 (ii) in clause (iv)(I)(bb), by inserting
7 ‘‘and entrepreneurial occupations’’ after
8 ‘‘employment’’;
9 (iii) by amending clause (vi) to read
10 as follows:
11 ‘‘(vi) provision of workforce and labor
12 market employment statistics information
13 and related skills development information,
14 including the provision of accurate infor-
15 mation (including real-time data to the ex-
16 tent practicable) relating to local, regional,
17 and national labor market areas, includ-
18 ing—
19 ‘‘(I) job vacancy listings in such
20 labor market areas;
21 ‘‘(II) information on job skills
22 and credentials necessary to obtain
23 the jobs described in subclause (I);
24 and
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1 ‘‘(III) information on education
2 and skills development programs that
3 are available for attaining needed
4 skills and credentials for the jobs de-
5 scribed in subclause (I), including in-
6 formation—
7 ‘‘(aa) on the pathways to
8 such skills and credentials (in-
9 cluding information on career
10 pathway programs in the local
11 area);
12 ‘‘(bb) on the quality of such
13 education and training programs,
14 consistent with the performance
15 information provided under
16 clause (vii);
17 ‘‘(cc) on the comparability of
18 current foreign academic and
19 professional certifications to
20 needed skills and credentials; and
21 ‘‘(dd) relating to available
22 entrepreneur support resources;
23 and
24 ‘‘(IV) information relating to
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1 earnings, skill requirements, and op-
2 portunities for advancement for such
3 occupations;’’;
4 (iv) by amending clause (xi) to read
5 as follows:
6 ‘‘(xi) assistance in identifying and es-
7 tablishing eligibility for programs of finan-
8 cial aid assistance for training and edu-
9 cation programs that are not funded under
10 this Act, including Federal financial aid
11 under title IV of the Higher Education Act
12 of 1965 (20 U.S.C. 1070 et seq.) and
13 through State-funded education and train-
14 ing programs;’’;
15 (v) in clause (xii), by striking sub-
16 clauses (IV) through (XI) and inserting
17 the following:
18 ‘‘(IV) individual counseling, in-
19 cluding career counseling;
20 ‘‘(V) career planning;
21 ‘‘(VI) assessment and develop-
22 ment of employability skills, including
23 development of learning skills, com-
24 munication skills, interviewing skills,
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1 to prepare individuals for unsub-
2 sidized employment or training;
3 ‘‘(VII) financial literacy services,
4 such as the activities described in sec-
5 tion 129(b)(2)(D);
6 ‘‘(VIII) out-of-area job search as-
7 sistance and relocation assistance; or
8 ‘‘(IX) English language acquisi-
9 tion and integrated education and
10 training programs; and’’;
11 (vi) in clause (xii), by amending sub-
12 clause (IX) to read as follows:
13 ‘‘(IX) financial empowerment
14 services, such as the activities de-
15 scribed in subsection
16 (a)(3)(A)(viii)(II)(ff); and’’; and
17 (vii) in clause (xiii), by inserting ‘‘and
18 options for further skill upgrading and ca-
19 reer advancement’’ after ‘‘the workplace’’.
20 (B) USE OF PREVIOUS ASSESSMENTS.—
21 Subparagraph (B) of section 134(c)(2) (29
22 U.S.C. 3174(c)(2)) is amended to read as fol-
23 lows:
24 ‘‘(B) USE OF PREVIOUS ASSESSMENTS.—A
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1 be required to conduct a new interview, evalua-
2 tion, or assessment of a participant under sub-
3 paragraph (A)(xii) if the one-stop operator or
4 one-stop partner determines that it is—
5 ‘‘(i) appropriate to use a recent inter-
6 view, evaluation, or assessment of the par-
7 ticipant conducted for another education or
8 training program; and
9 ‘‘(ii) using such recent interview, eval-
10 uation, or assessment may accelerate eligi-
11 bility determination or facilitate enrollment
12 in a training program for which such par-
13 ticipant has been selected.’’.
14 (C) DELIVERY OF SERVICES.—Subpara-
15 graph (C) of section 134(c)(2) (29 U.S.C.
16 3174(c)(2)) is amended by inserting ‘‘or com-
17 munity-based organizations, or national or re-
18 gional intermediaries, to serve individuals with
19 barriers to employment,’’ after ‘‘nonprofit serv-
20 ice providers,’’.
21 (3) TRAINING SERVICES.—
22 (A) IN GENERAL.—Section 134(c)(3)(A)
23 (29 U.S.C. 3174(c)(3)(A)) is amended—
24 (i) in clause (i)(II), by inserting be-
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1 ‘‘, or to jobs that may be performed re-
2 motely’’; and
3 (ii) by adding at the end the fol-
4 lowing:
5 ‘‘(iv) ADULT EDUCATION AND FAMILY
6 LITERACY ACTIVITIES.—In the case of an
7 individual who is determined to not have
8 the skills and qualifications to successfully
9 participate in the selected program of
10 training services under clause (i)(I)(cc),
11 the one-stop operator or one-stop partner
12 shall co-enroll such individual in adult edu-
13 cation and family literacy activities under
14 title II and such selected program of train-
15 ing services. Such an individual may re-
16 ceive applicable career services, including
17 supportive services, under this title.’’.
18 (B) QUALIFICATION.—Section
19 134(c)(3)(B) (29 U.S.C. 3174(c)(3)(B)) is
20 amended by adding at the end the following:
21 ‘‘(iv) PARTICIPATION DURING PEND-
22 ING APPLICATION.—An individual who
23 meets the eligibility requirements under
24 subparagraph (A)(i) to participate in a
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1 pate in such a program during the period
2 in which such individual’s enrollment in
3 such program is being reviewed under this
4 section, except that the provider of such
5 program shall only receive reimbursement
6 under this Act for the individual’s partici-
7 pation during such period if such individ-
8 ual’s enrollment is approved under this
9 section. An individual shall not be liable
10 for the cost of participation in a program
11 during such period without regard to
12 whether the provider receives reimburse-
13 ment under this Act for such cost.’’.
14 (C) TRAINING SERVICES.—Section
15 134(c)(3)(D) is amended, in the matter pre-
16 ceding clause (i), by striking ‘‘Training services
17 may include’’ and inserting ‘‘Training services
18 may be delivered in-person or virtually, and
19 may include’’.
20 (D) PRIORITY.—Section 134(c)(3)(E) (29
21 U.S.C. 3174(c)(3)(E)) is amended to read as
22 follows:
23 ‘‘(E) PRIORITY.—
24 ‘‘(i) IN GENERAL.—With respect to
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1 employment and training activities under
2 paragraph (2)(A) or (3) of section 133(b),
3 not less than 75 percent of such funds,
4 used to provide career services described in
5 paragraph (2)(A)(xii), training services,
6 and supportive services, shall be used to
7 provide such services to—
8 ‘‘(I) recipients of public assist-
9 ance;
10 ‘‘(II) other low-income individ-
11 uals;
12 ‘‘(III) individuals who have
13 foundational skill needs;
14 ‘‘(IV) individuals with barriers to
15 employment who are not described in
16 subclauses (I) through (III); and
17 ‘‘(V) veterans.
18 ‘‘(ii) DETERMINATIONS OF PRI-
19 ORITY.—The appropriate local board and
20 the Governor shall direct the one-stop op-
21 erators in the local area with regard to
22 making determinations on how to prioritize
23 the populations listed in subclauses (I)
24 through (IV) of clause (i) for purposes of
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1 (E) USE OF INDIVIDUAL TRAINING AC-
2 COUNTS.—Section 134(c)(3)(G) (29 U.S.C.
3 3174(c)(3)(G)) is amended—
4 (i) by amending clause (i) to read as
5 follows:
6 ‘‘(i) IN GENERAL.—
7 ‘‘(I) TRAINING SERVICES.—Ex-
8 cept as provided in clause (ii), train-
9 ing services provided under this para-
10 graph shall be provided through the
11 use of individual training accounts in
12 accordance with this paragraph, and
13 shall be provided to eligible individuals
14 through the one-stop delivery system.
15 ‘‘(II) AUTHORIZED COSTS.—An
16 individual training account may pro-
17 vide any costs with respect to such
18 training services, as determined by the
19 local board, including—
20 ‘‘(aa) the costs of course
21 materials, supplies, uniforms,
22 technology, and other required
23 fees for graduation, licensure, or
24 certification; and
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1 ‘‘(bb) in the case of a pro-
2 vider that charges tuition and
3 fees for a training program, the
4 cost of such tuition and fees.’’;
5 (ii) in clause (ii), by amending sub-
6 clause (IV) to read as follows:
7 ‘‘(IV) the local board determines
8 that there is a training program dem-
9 onstrating effectiveness (including
10 cost effectiveness), and that can be of-
11 fered in the local area by a commu-
12 nity-based organization, national or
13 regional intermediary, or another pri-
14 vate, nonprofit organization to serve
15 individuals with barriers to employ-
16 ment;’’; and
17 (iii) by striking clauses (iii) and (iv)
18 and inserting the following:
19 ‘‘(iii) LINKAGE TO OCCUPATIONS IN
20 DEMAND.—
21 ‘‘(I) IN GENERAL.—Subject to
22 subclause (II), training services pro-
23 vided under this paragraph shall be
24 directly linked to an in-demand indus-
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1 area or the planning region, or in an-
2 other area to which an adult or dis-
3 located worker receiving such services
4 is willing to relocate or that may be
5 performed remotely.
6 ‘‘(II) EXCEPTION.— A local
7 board may approve training services
8 for occupations determined by the
9 local board to be in sectors of the
10 economy that have a high potential
11 for sustained demand or growth in the
12 local area.
13 ‘‘(iv) CREDENTIAL IN DEMAND.—To
14 the extent practicable, training services
15 provided under this paragraph shall result
16 in the attainment of skills and credentials
17 that are portable and stackable.
18 ‘‘(v) RULE OF CONSTRUCTION.—
19 Nothing in this paragraph shall be con-
20 strued to preclude the combined use of in-
21 dividual training accounts and contracts in
22 the provision of training services, including
23 arrangements that allow individuals receiv-
24 ing individual training accounts to obtain
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1 training services that are contracted for
2 under clause (ii).’’.
3 (F) REIMBURSEMENT FOR ON-THE-JOB
4 TRAINING.—Section 134(c)(3)(H) (29 U.S.C.
5 3174(c)(3)(H)) is amended to read as follows:
6 ‘‘(H) REIMBURSEMENT FOR ON-THE-JOB
7 TRAINING.—
8 ‘‘(i) REIMBURSEMENT LEVELS.—For
9 purposes of the provision of on-the-job
10 training under this paragraph, the Gov-
11 ernor or local board involved may increase
12 the amount of the reimbursement to an
13 amount of up to 90 percent of the wage
14 rate of a participant for a program carried
15 out under chapter 2 or this chapter, if—
16 ‘‘(I) the Governor approves the
17 increase with respect to a program
18 carried out with funds reserved by the
19 State under such chapter, taking into
20 account the factors described in clause
21 (iii); or
22 ‘‘(II) the local board approves the
23 increase with respect to a program
24 carried out with funds allocated to a
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1 into account the factors described in
2 clause (iii).
3 ‘‘(ii) VERIFICATION BY LOCAL
4 AREA.—The local area shall—
5 ‘‘(I) at least once during the on-
6 the-job training program, verify that
7 the employer meets the conditions
8 that—
9 ‘‘(aa) were certified by the
10 employer in the contract for such
11 program; and
12 ‘‘(bb) are consistent with the
13 factors described in clause (iii),
14 according to a methodology de-
15 termined by the local board with
16 consent from the Governor; and
17 ‘‘(II) terminate the employer’s
18 contract for such program if the em-
19 ployer is not meeting such conditions.
20 ‘‘(iii) FACTORS.—For purposes of this
21 subparagraph, the Governor or local board,
22 respectively, may take into account factors
23 consisting of—
24 ‘‘(I) basic indicators of job qual-
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1 ‘‘(aa) wage level upon com-
2 pletion of a training program;
3 ‘‘(bb) availability of benefits,
4 such as paid time off, health in-
5 surance, and retirement savings
6 plan; and
7 ‘‘(cc) a safe workplace, such
8 as a record of compliance with
9 safety regulations consistent with
10 or better than the industry aver-
11 age and adoption of an independ-
12 ently certified injury and illness
13 prevention program;
14 ‘‘(II) the characteristics of the
15 participants;
16 ‘‘(III) the size of the employer;
17 ‘‘(IV) the quality of employer-
18 provided training and advancement
19 opportunities; and
20 ‘‘(V) such other factors as the
21 Governor or local board, respectively,
22 may determine to be appropriate,
23 which may include the number of em-
24 ployees participating in the training,
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1 able and stable work schedule, and re-
2 lation of the training to the competi-
3 tiveness of a participant.’’.
4 (4) SUPPORTIVE SERVICES.—Section 134(c)
5 (29 U.S.C. 3174) is further amended by adding at
6 the end the following:
7 ‘‘(4) SUPPORTIVE SERVICES.—
8 ‘‘(A) IN GENERAL.—A portion of the funds
9 allocated to a local area for adults under para-
10 graph (2)(A) or (3), as appropriate, of section
11 133(b), and a portion of the funds allocated to
12 the local area for dislocated workers under sec-
13 tion 133(b)(2)(B)—
14 ‘‘(i) shall be used to provide sup-
15 portive services (that are not needs-related
16 payments) to adults and dislocated work-
17 ers, respectively—
18 ‘‘(I) who are participating in pro-
19 grams with activities authorized in
20 paragraph (2) or (3) of subsection (c),
21 or who entered unsubsidized employ-
22 ment after participating in such pro-
23 grams, for up to 12 months following
24 the date of first employment; and
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1 ‘‘(II) who are unable to obtain
2 such supportive services through other
3 programs providing such services, ex-
4 cept that up to 5 percent of such
5 funds may be used to provide sup-
6 portive services without regard to the
7 requirement of this subclause; and
8 ‘‘(ii) may be used to provide needs-re-
9 lated payments to adults and dislocated
10 workers, respectively, who are unemployed
11 and do not qualify for (or have ceased to
12 qualify for) unemployment compensation
13 for the purpose of enabling such individ-
14 uals to participate in programs of training
15 services under subsection (c)(3).
16 ‘‘(B) ADDITIONAL ELIGIBILITY REQUIRE-
17 MENTS FOR NEEDS-RELATED PAYMENTS.—In
18 addition to the requirements contained in sub-
19 paragraph (A)(ii), a dislocated worker who has
20 ceased to qualify for unemployment compensa-
21 tion may be eligible to receive needs-related
22 payments under this paragraph only if such
23 worker is enrolled in training services.
24 ‘‘(C) LEVEL OF PAYMENTS.—The level of
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1 worker under this paragraph shall not exceed
2 the greater of—
3 ‘‘(i) the applicable level of unemploy-
4 ment compensation; or
5 ‘‘(ii) if such worker did not qualify for
6 unemployment compensation, an amount
7 equal to 150 percent of the poverty line,
8 for an equivalent period, which amount
9 shall be adjusted to reflect changes in total
10 family income.’’.
11 (d) PERMISSIBLE LOCAL EMPLOYMENT AND TRAIN-
12 ING ACTIVITIES.—
13 (1) IN GENERAL.—Section 134(d)(1)(A) (29
14 U.S.C. 3174(d)(1)(A)) is amended—
15 (A) in clause (vii)—
16 (i) by inserting ‘‘and’’ at the end of
17 subclause (III); and
18 (ii) by adding at the end the fol-
19 lowing:
20 ‘‘(IV) to strengthen, through pro-
21 fessional development activities, the
22 knowledge and capacity of staff to use
23 the latest digital technologies, tools
24 and strategies to equitably deliver
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1 high quality services and outcomes for
2 jobseekers, workers, and employers;’’;
3 (B) in clause (viii), strike ‘‘displaced home-
4 makers’’ and insert ‘‘displaced caregivers’’;
5 (C) in clause (ix)(II)(bb), by inserting ‘‘,
6 technical assistance in support of job quality,
7 adoption of skills-based and equitable hiring
8 practices’’ after ‘‘apprenticeship’’;
9 (D) in clause (xi) by striking ‘‘and’’ at the
10 end;
11 (E) in clause (xii) by striking the period at
12 the end and inserting ‘‘; and’’;
13 (F) by adding at the end the following:
14 ‘‘(xiii) activities to raise awareness
15 about the local workforce system and for
16 the marketing of such system.’’;
17 (G) in clause (xi), by striking ‘‘and’’ at the
18 end;
19 (H) in clause (xii), by striking the period
20 and inserting ‘‘; and’’; and
21 (I) by adding at the end the following:
22 ‘‘(xiii) training programs (including
23 activities that prepare individuals for occu-
24 pations in the technology sector) for indi-
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1 dislocated workers as a result of automa-
2 tion, which includes a device, process, or
3 system that functions without continuous
4 input from an operator, including—
5 ‘‘(I) advanced technologies, such
6 as—
7 ‘‘(aa) data collection, classi-
8 fication processing, and analytics;
9 and
10 ‘‘(bb) 3–D printing, digital
11 design and simulation, and dig-
12 ital manufacturing;
13 ‘‘(II) robotics, including collabo-
14 rative robotics, and worker augmenta-
15 tion technology;
16 ‘‘(III) autonomous vehicle tech-
17 nology; or
18 ‘‘(IV) autonomous machinery
19 technology.’’.
20 (2) INCUMBENT WORKER TRAINING PROGRAMS;
21 TRANSITIONAL JOBS.—Section 134(d) (29 U.S.C.
22 3174(d)), as amended by this section, is further
23 amended by striking paragraphs (2) through (5),
24 and inserting the following:
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1 ‘‘(2) INCUMBENT WORKER TRAINING PRO-
2 GRAMS.—
3 ‘‘(A) IN GENERAL.—
4 ‘‘(i) STANDARD RESERVATION OF
5 FUNDS.—The local board may reserve and
6 use not more than 25 percent of the funds
7 allocated to the local area involved under
8 section 133(b) to pay for the Federal share
9 of the cost of providing training through a
10 training program for incumbent workers,
11 carried out in accordance with this para-
12 graph.
13 ‘‘(ii) INCREASE IN RESERVATION OF
14 FUNDS.—The local board may increase
15 such reservation of funds for a program
16 year if the Governor determines that the
17 training from such funds from the prior
18 program year resulted in career pro-
19 motions for workers receiving such training
20 and created new job vacancies. For a pro-
21 gram year for which the reservation of
22 funds is so increased, clause (i) shall be
23 applied by substituting ‘30 percent’ for ‘25
24 percent’.
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1 ‘‘(iii) DETERMINATION OF ELIGI-
2 BILITY.—In order for a local board to de-
3 termine that an employer is eligible to re-
4 ceive funding under clause (i), the local
5 board shall take into account factors con-
6 sisting of—
7 ‘‘(I) the basic indicators of job
8 quality described in subsection
9 (c)(3)(H)(iii)(I);
10 ‘‘(II) the characteristics of the
11 participants in the program;
12 ‘‘(III) the relationship of the
13 training to the competitiveness of a
14 participant and the employer; and
15 ‘‘(IV) such other factors as the
16 local board may determine to be ap-
17 propriate, which may include the
18 number of employees participating in
19 the training, and the existence of
20 other training and advancement op-
21 portunities provided by the employer.
22 ‘‘(iv) STATEWIDE IMPACT.—The Gov-
23 ernor or State board involved may make
24 recommendations to the local board for
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1 providing incumbent worker training that
2 has statewide impact.
3 ‘‘(B) TRAINING ACTIVITIES.—The training
4 program for incumbent workers carried out
5 under this paragraph shall be carried out by the
6 local board in conjunction with the employers or
7 groups of employers of such workers (which
8 may include employers in partnership with
9 other entities for the purposes of delivering
10 training) for the purpose of assisting such
11 workers in obtaining the skills necessary to re-
12 tain employment or avert layoffs.
13 ‘‘(C) EMPLOYER PAYMENT OF NON-FED-
14 ERAL SHARE.—Employers participating in the
15 program carried out under this paragraph shall
16 be required to pay for the non-Federal share of
17 the cost of providing the training to incumbent
18 workers of the employers.
19 ‘‘(D) NON-FEDERAL SHARE.—
20 ‘‘(i) FACTORS.—Subject to clauses (ii)
21 and (iii), the local board shall establish the
22 non-Federal share of the cost of providing
23 training through a training program for in-
24 cumbent workers, by considering the indi-
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1 (c)(3)(H)(iii) and how many of such indi-
2 cators the employer certifies will be met
3 with respect to the employment of incum-
4 bent workers upon completion of training
5 funded under this section.
6 ‘‘(ii) LIMITS.—The non-Federal share
7 shall not be less than—
8 ‘‘(I) 10 percent of the cost, for
9 employers with not more than 50 em-
10 ployees;
11 ‘‘(II) 25 percent of the cost, for
12 employers with more than 50 employ-
13 ees but not more than 100 employees;
14 and
15 ‘‘(III) 50 percent of the cost, for
16 employers with more than 100 em-
17 ployees.
18 ‘‘(iii) CALCULATION OF EMPLOYER
19 SHARE.—The non-Federal share provided
20 by an employer participating in the pro-
21 gram may include the amount of the wages
22 paid by the employer to a worker while the
23 worker is attending a training program
24 under this paragraph. The employer may
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1 provide the share in cash or in kind, fairly
2 evaluated.
3 ‘‘(E) VERIFICATION BY LOCAL AREA.—
4 Upon completion of the incumbent worker
5 training program funded under this section, the
6 local area shall verify that the employer met the
7 conditions that were certified to prior to receiv-
8 ing the Federal share of the training program’s
9 costs, consistent with this paragraph, according
10 to a methodology determined by the Governor
11 or local board. If such conditions were not met,
12 the one-stop operator shall prohibit the em-
13 ployer from receiving funds for incumbent
14 worker training under this section for a period
15 of 5 years.
16 ‘‘(3) TRANSITIONAL JOBS.—The local board
17 may use not more than 40 percent of the funds allo-
18 cated to the local area involved under section 133(b)
19 to provide transitional jobs under subsection (c)(3)
20 that—
21 ‘‘(A) are time-limited work experiences
22 that are subsidized and are in the public, pri-
23 vate, employment social enterprise, or nonprofit
24 sectors for individuals with barriers to employ-
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1 ment who are chronically unemployed or have
2 an inconsistent work history;
3 ‘‘(B) are combined with comprehensive em-
4 ployment and supportive services; and
5 ‘‘(C) are designed to assist the individuals
6 described in subparagraph (A) to establish a
7 work history, demonstrate success in the work-
8 place, and develop skills that lead to entry into
9 and retention in unsubsidized employment.’’.
10 SEC. 243. ADULT WORKFORCE DEVELOPMENT PROGRAMS
11 FOR HIGH-DEMAND OCCUPATIONS.
12 (a) STATEWIDE ADULT WORKFORCE DEVELOPMENT
13 PROGRAMS FOR HIGH-DEMAND OCCUPATIONS.—Section
14 134(a)(3)(A) of such Act (29 U.S.C. 3174(a)(3)(A)) is
15 amended—
16 (1) in clause (xiii), by striking ‘‘and’’ at the
17 end;
18 (2) in clause (xiv), by striking the period and
19 inserting ‘‘; and’’; and
20 (3) by inserting at the end the following:
21 ‘‘(xv) developing partnerships between
22 educational institutions (including area ca-
23 reer and technical education schools and
24 institutions of higher education) and em-
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1 velopment programs to address the identi-
2 fied education and skill needs of the work-
3 force and the employment needs of employ-
4 ers in the regions of the State, as deter-
5 mined based on the most recent analysis
6 conducted under subparagraphs (B) and
7 (C) of section 102(b)(1).’’.
8 (b) LOCAL ADULT WORKFORCE DEVELOPMENT PRO-
9 GRAMS FOR HIGH-DEMAND OCCUPATIONS.—Section
10 134(d)(1)(A) of such Act (29 U.S.C. 3174(d)(1)(A)) is
11 amended—
12 (1) in clause (xi), by striking ‘‘and’’ at the end;
13 (2) in clause (xii), by striking the period and in-
14 serting ‘‘; and’’; and
15 (3) by inserting at the end the following:
16 ‘‘(xiii) the development of partner-
17 ships between educational institutions (in-
18 cluding area career and technical education
19 schools and institutions of higher edu-
20 cation) and employers to create or improve
21 workforce development programs to ad-
22 dress the identified education and skill
23 needs of the workforce and the employ-
24 ment needs of employers in the region, as
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1 ysis conducted by the local board under
2 section 107(d)(2).’’.
3 CHAPTER 4—GENERAL WORKFORCE
4 INVESTMENT PROVISIONS
5 SEC. 251. AUTHORIZATION OF APPROPRIATIONS.
6 Section 136 (29 U.S.C. 3181) is amended to read as
7 follows:
8 ‘‘SEC. 136. AUTHORIZATION OF APPROPRIATIONS.
9 ‘‘(a) YOUTH WORKFORCE INVESTMENT ACTIVI-
10 TIES.—There are authorized to be appropriated to carry
11 out the activities described in section 127(a),
12 $1,026,450,000 for fiscal year 2023, $1,129,100,000 for
13 fiscal year 2024, $1,242,000,000 for fiscal year 2025,
14 $1,366,200,000 for fiscal year 2026, $1,502,800,000 for
15 fiscal year 2027, and $1,653,100,000 for fiscal year 2028.
16 ‘‘(b) SUMMER AND YEAR-ROUND EMPLOYMENT AC-
17 TIVITIES..—There are authorized to be appropriated to
18 section 130, $926,650,000 for fiscal year 2023,
19 $1,019,300,000 for fiscal year 2024, $1,121,250,000 for
20 fiscal year 2025, $1,233,400,000 for fiscal year 2026,
21 $1,356,750,000 for fiscal year 2027, and $1,492,450,000
22 for fiscal year 2028.
23 ‘‘(c) ADULT EMPLOYMENT AND TRAINING ACTIVI-
24 TIES.—There are authorized to be appropriated to carry
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1 $1,555,600,000 for fiscal year 2023, $1,711,200,000 for
2 fiscal year 2024, $1,882,300,000 for fiscal year 2025,
3 $2,070,500,000 for fiscal year 2026, $2,277,600,000 for
4 fiscal year 2027, and $2,505,400,000 for fiscal year 2028.
5 ‘‘(d) DISLOCATED WORKER EMPLOYMENT AND
6 TRAINING ACTIVITIES.—There are authorized to be ap-
7 propriated to carry out the activities described in section
8 132(a)(2), $2,486,300,000 for fiscal year 2023,
9 $2,734,900,000 for fiscal year 2024, $3,008,400,000 for
10 fiscal year 2025, $3,309,200,000 for fiscal year 2026,
11 $3,640,100,000 for fiscal year 2027, and $4,004,100,000
12 for fiscal year 2028.’’.
13 Subtitle C—Job Corps
14 SEC. 261. AMENDMENTS RELATING TO JOB CORPS.
15 (a) DEFINITIONS.—
16 (1) IN GENERAL.—Section 142 (29 U.S.C.
17 3192) is amended—
18 (A) by amending paragraph (7) to read as
19 follows:
20 ‘‘(7) JOB CORPS CAMPUS.—The term ‘Job
21 Corps campus’ means a campus run by an operator
22 selected by the Secretary pursuant to section 147,
23 carrying out Job Corps activities.’’; and
24 (B) by adding at the end the following:
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1 ‘‘(11) STATE.—The term ‘State’ has the mean-
2 ing given the term in section 3, except that such
3 term also includes outlying areas (as defined in sec-
4 tion 3).’’.
5 (2) CONFORMING AMENDMENTS.—Subtitle C of
6 title I (29 U.S.C. 3191 et seq.) is amended—
7 (A) by striking ‘‘Job Corps center’’ each
8 place such term appears (including in any head-
9 ings) and inserting ‘‘Job Corps campus’’; and
10 (B) by striking ‘‘Job Corps centers’’ each
11 place such term appears (including in any head-
12 ings) and inserting ‘‘Job Corps campuses’’.
13 (b) INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.—
14 Section 144 (29 U.S.C. 3194) is amended—
15 (1) in subsection (a)—
16 (A) by amending paragraph (1) to read as
17 follows:
18 ‘‘(1) not less than age 16 and not more than
19 age 24 on the date of enrollment;’’;
20 (B) by amending paragraph (2) to read as
21 follows:
22 ‘‘(2) an individual who is—
23 ‘‘(A) a low-income individual as defined in
24 subsection (h)(4) of section 402A of the Higher
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1 as determined using procedures similar to those
2 in subsection (e) of such section; or
3 ‘‘(B) a resident of a qualified opportunity
4 zone as defined in section 1400Z–1(a) of the
5 Internal Revenue Code of 1986; and’’; and
6 (C) in paragraph (3)—
7 (i) in subparagraph (A), by striking
8 ‘‘Basic skills deficient’’ and inserting ‘‘An
9 individual with foundational skill needs’’;
10 (ii) in subparagraph (B), by striking
11 ‘‘A school dropout’’ and inserting ‘‘An op-
12 portunity youth’’; and
13 (iii) in subparagraph (D), by inserting
14 ‘‘or an individual who is pregnant’’ before
15 the period; and
16 (2) by amending subsection (b) to read as fol-
17 lows:
18 ‘‘(b) SPECIAL RULE FOR VETERANS.—A veteran
19 shall be eligible to become an enrollee if the veteran meets
20 the requirements of subsection (a)(1).’’.
21 (c) RECRUITMENT, SCREENING, SELECTION, AND
22 ASSIGNMENT OF ENROLLEES.—Section 145(a) (29
23 U.S.C. 3195(a)) is amended—
24 (1) in paragraph (2)—
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1 (A) in subparagraph (A), by striking ‘‘and
2 the results received within 45 days after the en-
3 rollees enroll in the Job Corps’’ and inserting
4 ‘‘after enrollees arrive at a Job Corps campus’’;
5 (B) in subparagraph (D), by striking
6 ‘‘and’’ at the end;
7 (C) in subparagraph (E), by striking the
8 period at the end and inserting ‘‘; and’’; and
9 (D) by adding at the end the following:
10 ‘‘(F) assist one-stop centers and other en-
11 tities identified in paragraph (3) in stream-
12 lining the application process for Job Corps,
13 YouthBuild, and youth workforce investment
14 activities under which an applicant may submit
15 a single application for all such programs.’’;
16 and
17 (2) in paragraph (5), by striking the last sen-
18 tence.
19 (d) JOB CORPS CAMPUSES.—Section 147 (29 U.S.C.
20 3197) is amended—
21 (1) in subsection (a)—
22 (A) in paragraph (2)—
23 (i) in subparagraph (A), by inserting
24 at the end the following: ‘‘Such award shall
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1 be based upon best value and fair and rea-
2 sonable pricing.’’; and
3 (ii) by amending subparagraph (B) to
4 read as follows:
5 ‘‘(B) CONSIDERATIONS.—
6 ‘‘(i) STUDENT OUTCOMES.—In select-
7 ing an entity to operate a Job Corps cam-
8 pus, the Secretary shall consider a numeric
9 metric of recent past effectiveness of the
10 entity in assisting individuals eligible to en-
11 roll in the Job Corps to connect to the
12 workforce, to be calculated based on data,
13 to the extent practicable, regarding—
14 ‘‘(I) the percentage of students
15 served by the entity who were in edu-
16 cation or training activities, or in un-
17 subsidized employment, during the
18 second quarter after exit from the rel-
19 evant program;
20 ‘‘(II) the percentage of students
21 served by the entity who were in edu-
22 cation or training activities, or in un-
23 subsidized employment, during the
24 fourth quarter after exit from the rel-
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1 ‘‘(III) the median earnings of
2 students served by the entity who
3 were in unsubsidized employment dur-
4 ing the second quarter after exit from
5 the relevant program;
6 ‘‘(IV) the percentage of students
7 served by the entity who obtained a
8 recognized postsecondary credential,
9 or a secondary school diploma or its
10 recognized equivalent, during partici-
11 pation in or within 1 year after exit
12 from the relevant program; and
13 ‘‘(V) the percentage of individ-
14 uals eligible to enroll in the Job Corps
15 recruited compared to the established
16 goals for such recruitment.
17 ‘‘(ii) MARKET DEVELOPMENT.—
18 ‘‘(I) MENTOR-PROTÉGÉ PRO-
19 GRAM.—The Secretary shall incor-
20 porate Job Corps campus operations
21 into the mentor-protégé program of
22 the Department of Labor established
23 in accordance with section 45 of the
24 Small Business Act (15 U.S.C. 657r).
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1 ‘‘(II) PAST-PERFORMANCE.—The
2 Secretary shall publish comparable al-
3 ternative metrics for entities without
4 previous experience in Job Corps cam-
5 pus operations to demonstrate their
6 past effectiveness in accordance with
7 the requirements of clause (i).’’; and
8 (B) in paragraph (3)—
9 (i) in subparagraph (A), by inserting
10 ‘‘high-skill, high-wage, or’’ before ‘‘in-de-
11 mand’’;
12 (ii) in subparagraph (C), by striking
13 ‘‘Workforce Investment Act of 1998’’ and
14 inserting ‘‘Workforce Innovation and Op-
15 portunity Act’’;
16 (iii) by redesignating subparagraph
17 (K) as subparagraph (L); and
18 (iv) by inserting after subparagraph
19 (J) the following:
20 ‘‘(K) A description of the entity’s ability to
21 successfully operate, or partner with relevant
22 entities to operate, a safe learning and residen-
23 tial environment for individuals eligible to enroll
24 in the Job Corps.’’;
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1 (2) in subsection (b), by striking paragraphs
2 (2) and (3) and inserting the following:
3 ‘‘(2) HIGH PERFORMANCE.—An entity shall be
4 considered to be an operator of a high-performing
5 campus if the Job Corps campus operated by the en-
6 tity was ranked among the top 25 percent of Job
7 Corps campuses, excluding Civilian Conservation
8 Centers described in subsection (d), for the two most
9 recent preceding program years.’’;
10 (3) in subsection (d), by adding at the end the
11 following:
12 ‘‘(4) DIRECT HIRE AUTHORITY.—
13 ‘‘(A) IN GENERAL.—The Secretary of
14 Labor or the Secretary of Agriculture may ap-
15 point, without regard to the provisions of sub-
16 chapter I of chapter 33 of title 5, United States
17 Code (other than sections 3303 and 3328 of
18 such title), a covered graduate directly to any
19 position with the Department of Labor or the
20 Forest Service, as the case may be, for which
21 the candidate meets Office of Personnel Man-
22 agement qualification standards.
23 ‘‘(B) COVERED JOB CORPS GRADUATE.—In
24 this paragraph, the term ‘covered graduate’
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1 Civilian Conservation Center who successfully
2 completed a training program, including in ad-
3 ministration, human resources, business, or
4 quality assurance, that was focused on forestry,
5 wildland firefighting, or another topic relating
6 to the mission of the Department of Labor or
7 the Forest Service.’’;
8 (4) in subsection (f), by striking ‘‘2-year’’ and
9 inserting ‘‘4-year’’; and
10 (5) in subsection (g)(1), by striking ‘‘, for both
11 of the 2 most recent preceding program years’’ and
12 all that follows through the end and inserting ‘‘the
13 agreement has been in place for at least 3 years and
14 for both of the 2 most recent preceding program
15 years for which information is available at the time
16 the determination is made, such campus has been
17 ranked in the lowest 10 percent of Job Corps cam-
18 puses.’’.
19 (e) PROGRAM ACTIVITIES.—Section 148 (29 U.S.C.
20 3198) is amended by adding at the end the following:
21 ‘‘(f) BASIC HEALTH SERVICES.—The Secretary shall,
22 to the extent practicable, provide enrollees with basic med-
23 ical, dental, and mental health services.’’.
24 (f) JOB CORPS CENTER PROGRAM ACTIVITIES.—Sec-
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1 (1) by striking ‘‘which may include’’ and insert-
2 ing ‘‘including’’; and
3 (2) by inserting ‘‘(such as the information de-
4 scribed in section 129(b)(2)(D))’’ after ‘‘financial lit-
5 eracy’’.
6 (g) SUPPORT.—Section 150 (29 U.S.C. 3200) is
7 amended—
8 (1) in subsection (c), by striking ‘‘3 months’’
9 and inserting ‘‘12 months’’; and
10 (2) by adding at the end the following:
11 ‘‘(d) PERIOD OF TRANSITION.—Notwithstanding the
12 requirements of section 146(b), Job Corps graduates may
13 remain enrolled and a resident of a Job Corps campus
14 for not more than 1 month after graduation, subject to
15 approval by the director of the Job Corps Campus, in
16 order to facilitate their transition into independent living
17 and employment.’’.
18 (h) OPERATIONS.—Section 151 (29 U.S.C. 3201) is
19 amended to read as follows:
20 ‘‘SEC. 151. OPERATIONS.
21 ‘‘(a) OPERATING PLAN.—
22 ‘‘(1) IN GENERAL.—The provisions of the con-
23 tract between the Secretary and an entity selected to
24 operate a Job Corps campus shall, including any
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1 subsequent modifications to such contract, serve as
2 an operating plan for the Job Corps campus.
3 ‘‘(2) FEDERAL CHANGES TO OPERATING
4 PLAN.—The Secretary may require the operator to
5 submit additional information, as the Secretary
6 deems necessary for compliance with any relevant
7 regulations, which shall be considered part of the op-
8 erating plan.
9 ‘‘(3) AVAILABILITY.—The Secretary shall make
10 the operating plan described in paragraphs (1) and
11 (2), excluding any proprietary information, available
12 on a publicly accessible website.
13 ‘‘(b) LOCAL AUTHORITIES.—Subject to the limita-
14 tions of their approved budgets, the operators of Job
15 Corps campuses shall have the authority, without prior ap-
16 proval from the Secretary, to—
17 ‘‘(1) hire staff and invest in staff professional
18 development;
19 ‘‘(2) enter into agreements with local partners,
20 such as secondary and postsecondary schools or em-
21 ployers; and
22 ‘‘(3) engage with and educate stakeholders
23 about Job Corps operations and activities.’’.
24 (i) STANDARDS CONDUCT.—Section 152 (29
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25 U.S.C. 3202) is amended—
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1 (1) in subsection (a), by striking the second
2 sentence;
3 (2) by amending subsection (b) to read as fol-
4 lows:
5 ‘‘(b) BEHAVIORAL MANAGEMENT PLAN.—
6 ‘‘(1) IN GENERAL.—As part of the operating
7 plan defined in section 151(a), the director of each
8 Job Corps campus shall develop and implement a be-
9 havioral management plan, subject to the approval
10 of the Secretary. Such plan shall include student
11 standards of conduct, positive behavioral interven-
12 tions and supports, and multi-tier systems of sup-
13 ports.
14 ‘‘(2) DISCIPLINARY MEASURES AND DRUG
15 TESTING.—
16 ‘‘(A) DISCIPLINARY MEASURES.—To pro-
17 mote the proper behavioral standards in the
18 Job Corps, the director of each Job Corps cam-
19 pus shall, consistent with the applicable behav-
20 ioral management plan described in paragraph
21 (1), have the authority to take appropriate dis-
22 ciplinary measures against enrollees if such di-
23 rector determines that an enrollee has com-
24 mitted a violation of the standards of conduct.
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1 for an act of violence or a credible threat of vio-
2 lence that seriously endangers the safety of stu-
3 dents, staff, or the local community and for ille-
4 gal activity on the campus.
5 ‘‘(B) DRUG TESTING.—The Secretary shall
6 require drug testing of all enrollees for con-
7 trolled substances, as set forth in section 102 of
8 the Controlled Substances Act (21 U.S.C. 802),
9 in accordance with procedures prescribed by the
10 Secretary under section 145(a).
11 ‘‘(C) DEFINITIONS.—In this paragraph:
12 ‘‘(i) CONTROLLED SUBSTANCE.—The
13 term ‘controlled substance’ has the mean-
14 ing given the term in section 102 of the
15 Controlled Substances Act (21 U.S.C.
16 802).
17 ‘‘(ii) ZERO TOLERANCE POLICY.—The
18 term ‘zero tolerance policy’ means a policy
19 under which an enrollee shall be automati-
20 cally dismissed from the Job Corps after a
21 determination by the director that the en-
22 rollee has carried out an act of violence
23 that seriously endangers the safety of stu-
24 dents, staff, or the local community or en-
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1 ‘‘(3) ADVISORY GROUP.—The Secretary shall
2 periodically convene an advisory group of Job Corps
3 operators and service providers and subject matter
4 experts to review the reporting data collected under
5 paragraph (5) and provide recommendations for Job
6 Corps behavioral management plans based on evi-
7 dence-based research regarding effective and equi-
8 table behavioral policies.
9 ‘‘(4) LAW ENFORCEMENT AGREEMENTS.—The
10 directors of each Job Corps campus shall, to the ex-
11 tent practicable, enter into an agreement with the
12 relevant local law enforcement agency of jurisdiction
13 regarding the procedures for reporting and inves-
14 tigating potentially illegal activity on Job Corps
15 campuses.
16 ‘‘(5) INCIDENT REPORTING.—The Secretary
17 shall establish procedures for—
18 ‘‘(A) reporting significant health incidents,
19 including substance abuse, self-harm, and acci-
20 dents resulting in bodily harm; and
21 ‘‘(B) reporting significant behavioral inci-
22 dents, defined as acts of violence or illegal ac-
23 tivity.
24 ‘‘(6) ACCOUNTABILITY.—The Secretary shall
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1 pus shall be required to take performance improve-
2 ment actions described in section 159(f), based on
3 an evaluation of such Job Corps campus, which shall
4 take into account reporting data collected under
5 paragraph (5) and recommendations of the advisory
6 group pursuant to paragraph (3).’’.
7 (j) EXPERIMENTAL PROJECTS AND TECHNICAL AS-
8 SISTANCE.—Section 156(a) (29 U.S.C. 3206(a)) is
9 amended to read as follows:
10 ‘‘(a) PROJECTS.—The Secretary may carry out and
11 repeat experimental, research, or demonstration projects
12 relating to the operations of Job Corps campuses. The
13 Secretary may waive any provisions of this subtitle (other
14 than sections 145, 147, and 159(c)) that the Secretary
15 finds would prevent the Secretary from carrying out the
16 projects, provided that—
17 ‘‘(1) the project will not result in a reduction in
18 the number of students served; and
19 ‘‘(2) if the Secretary informs the Committee on
20 Education and Labor of the House of Representa-
21 tives and the Committee on Health, Education,
22 Labor, and Pensions of the Senate, in writing, not
23 less than 90 days in advance of issuing such waiv-
24 er.’’.
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1 (k) APPLICATION OF PROVISIONS OF FEDERAL
2 LAW.—
3 (1) IN GENERAL.—Section 157 (29 U.S.C.
4 3207) is amended by adding at the end the fol-
5 lowing:
6 ‘‘(d) SERVICE CONTRACT ACT.—
7 ‘‘(1) IN GENERAL.—Operators and service pro-
8 viders, including subcontractors thereto, are subject
9 to and shall be required to abide by chapter 67 of
10 title 41, United States Code (commonly known as
11 the ‘McNamara-O’Hara Service Contract Act of
12 1965’).
13 ‘‘(2) ACADEMIC AND CAREER TECHNICAL IN-
14 STRUCTIONAL EMPLOYEES.—Notwithstanding sec-
15 tion 6701(3)(C) of such chapter, an academic or ca-
16 reer technical instructional employee at a Job Corps
17 campus shall be considered a ‘service employee’ for
18 purposes of applying such chapter under paragraph
19 (1).
20 ‘‘(3) RULE OF CONSTRUCTION.—To the extent
21 compensation levels being paid or scheduled to be
22 paid by an employer are, in the aggregate, greater
23 than those determined by the Secretary of Labor to
24 be required under this subsection, or as set forth in
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1 shall be construed to require a reduction of such
2 compensation.’’.
3 (2) EFFECTIVE DATE.—
4 (A) AGREEMENTS IN EFFECT ON DATE OF
5 ENACTMENT.—Not later than 120 days after
6 the date of enactment of this Act, the Secretary
7 shall, subject to appropriations, modify all
8 agreements with operators and service providers
9 in effect as of such date of enactment to include
10 the requirements imposed by the amendment
11 made by paragraph (1).
12 (B) PENDING SOLICITATIONS.—Upon the
13 date of enactment of this Act, the Secretary
14 shall include the requirements imposed by the
15 amendment made by paragraph (1) in any
16 pending solicitation for an operator or service
17 provider.
18 (l) STAFFING.—
19 (1) IN GENERAL.—To ensure compliance with
20 chapter 67 of title 41, United States Code (com-
21 monly known as the ‘McNamara-O’Hara Service
22 Contract Act of 1965’), as such chapter is applied
23 by section 157(d) of the Workforce Innovation and
24 Opportunity Act, the staffing plan and the associ-
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1 or service provider for a Job Corps campus shall in-
2 corporate hourly wages (or salaries as appropriate)
3 and fringe benefit costs for occupational classifica-
4 tions at least equal to the wage determination deter-
5 mined by the Secretary of Labor for the locality of
6 the Job Corps campus. In preparing such wage de-
7 termination, the Secretary shall compare the specific
8 job classifications at the Job Corps campus with
9 those occupations most closely correlated with those
10 employed by public education providers in the local-
11 ity with the goal of ensuring equivalency to the max-
12 imum extent feasible.
13 (2) ADJUSTMENTS PERMITTED.—The Secretary
14 may further adjust compensation levels in a contract
15 with an operator or service provider to ensure suffi-
16 cient availability and retention of qualified personnel
17 in the locality.
18 (3) ANNUAL UPDATES.—The Secretary shall
19 update hourly wages (or salaries as appropriate) and
20 fringe benefit levels for such occupations covered in
21 this paragraph on an annual basis.
22 (m) SPECIAL PROVISIONS.—Section 158(f) (29
23 U.S.C. 3208(f)) is amended—
24 (1) by striking ‘‘Secretary’’ and inserting ‘‘di-
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25 rectors of Job Corps campuses’’;
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1 (2) by striking ‘‘the Job Corps or individual’’
2 and inserting ‘‘such’’; and
3 (3) by adding at the end the following: ‘‘Any
4 real property acquired shall be directly transferred
5 to the Secretary in accordance with chapter 5 of title
6 40 and on a nonreimbursable basis.’’.
7 (n) MANAGEMENT INFORMATION.—Section 159 (29
8 U.S.C. 3209) is amended—
9 (1) in subsection (a), by adding at the end the
10 following:
11 ‘‘(4) ANNUAL RECONCILIATION.—Prior to the
12 expiration of any appropriated Job Corps operations
13 funds for any fiscal year, any anticipated unobli-
14 gated funds may, subject to appropriations, be obli-
15 gated to projects identified under subsection
16 (h)(1).’’;
17 (2) in subsection (c)—
18 (A) by amending paragraph (1) to read as
19 follows:
20 ‘‘(1) LEVELS OF PERFORMANCE AND INDICA-
21 TORS.—
22 ‘‘(A) IN GENERAL.—At the start of each
23 contract period, and at least every two program
24 years in the case of Civilian Conservation Cen-
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1 els of performance for each Job Corps campus
2 relating to each of the primary indicators of
3 performance for eligible youth described in sec-
4 tion 116(b)(2)(A)(ii) using the model described
5 in subparagraph (B).
6 ‘‘(B) PERFORMANCE MODEL.—At least
7 every four years and no more than every two
8 years, the Secretary shall develop a model for
9 establishing the expected levels of performance
10 for each Job Corps campus, in accordance with
11 the following:
12 ‘‘(i) EQUITY.—The model shall ac-
13 count for significant correlations between
14 various factors and student outcomes, in-
15 cluding:
16 ‘‘(I) Student demographics, in-
17 cluding age, gender, race, ethnicity,
18 documented disabilities, and education
19 level on entry.
20 ‘‘(II) Employment conditions in
21 students’ home communities.
22 ‘‘(ii) DEVELOPMENT.—The model
23 shall be developed by subject matter ex-
24 perts in the fields of Job Corps operations,
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1 and related fields using available Job
2 Corps data as well as regional economic
3 data.
4 ‘‘(iii) TRANSPARENCY.—The perform-
5 ance model and the past effectiveness met-
6 ric identified in section 147(a)(2)(B)(i), in-
7 cluding the procedures outlined in section
8 147(a)(2)(B)(iv), shall be published for
9 comment in the Federal Register.’’;
10 (B) in paragraph (2)—
11 (i) in subparagraph (A), by striking
12 ‘‘and’’ at the end; and
13 (ii) by striking subparagraph (B) and
14 inserting the following:
15 ‘‘(B) the number of enrollees recruited that
16 meet the requirements of section 144(a)(2)(A);
17 and
18 ‘‘(C) the measurement described in sub-
19 paragraph (K) of subsection (d)(1).’’; and
20 (C) in paragraph (4)—
21 (i) in subparagraph (A), by striking
22 ‘‘and’’ at the end;
23 (ii) in subparagraph (B), by striking
24 the period at the end and inserting ‘‘;
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1 (iii) by adding at the end the fol-
2 lowing:
3 ‘‘(C) information on the performance of
4 the Job Corps selection process in section
5 147(a)(2) with respect to increasing perform-
6 ance as measured pursuant to subparagraph
7 (A), specifically including information on the
8 performance of each Job Corps campus as com-
9 pared to its annual performance immediately
10 prior to its current operating agreement.’’;
11 (3) in subsection (d)(1)—
12 (A) by striking subparagraph (I); and
13 (B) by redesignating subparagraphs (J)
14 through (O) as subparagraphs (I) through (N),
15 respectively;
16 (4) in subsection (f)—
17 (A) in paragraph (2)—
18 (i) in subparagraph (E), by adding
19 ‘‘or’’ at the end;
20 (ii) in subparagraph (F), by striking
21 ‘‘; or’’ and inserting a period; and
22 (iii) by striking subparagraph (G);
23 and
24 (B) by amending paragraph (4) to read as
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1 ‘‘(4) CIVILIAN CONSERVATION CENTERS.—In
2 addition to the primary indicators of performance
3 specified in subsection (c)(1), Civilian Conservation
4 Centers shall be evaluated on their contribution to
5 the nation’s conservation goals by the Secretaries of
6 Agriculture and Labor. If the Secretaries jointly
7 conclude that a Civilian Conservation Center is not
8 meeting these dual performance goals, they may
9 take performance improvement actions described in
10 subparagraph (A), (B), or (C) of paragraph (2) of
11 this subsection.’’; and
12 (5) in subsection (g)(2)—
13 (A) by striking ‘‘has entered’’ and insert-
14 ing ‘‘enters’’; and
15 (B) by striking ‘‘comply’’ and inserting
16 ‘‘attest to compliance’’.
17 (o) TECHNICAL AMENDMENT.—Subtitle C of title I
18 (29 U.S.C. 3191 et seq.) is amended by striking ‘‘Com-
19 mittee on Education and the Workforce’’ each place it ap-
20 pears and inserting ‘‘Committee on Education and
21 Labor’’.
22 (p) AUTHORIZATION OF APPROPRIATIONS.—Section
23 162 (29 U.S.C. 3212) is amended to read as follows:
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1 ‘‘SEC. 162. AUTHORIZATION OF APPROPRIATIONS.
2 ‘‘(a) IN GENERAL.—There are authorized to be ap-
3 propriated to carry out this subtitle—
4 ‘‘(1) $1,809,857,925 for fiscal year 2023;
5 ‘‘(2) $1,873,202,952 for fiscal year 2024;
6 ‘‘(3) $1,938,765,056 for fiscal year 2025;
7 ‘‘(4) $2,006,621,833 for fiscal year 2026;
8 ‘‘(5) $2,076,853,597 for fiscal year 2027; and
9 ‘‘(6) $2,149,543,473 for fiscal year 2028.
10 ‘‘(b) CONSTRUCTION COSTS.—Of the amount author-
11 ized in subsection (a) for each of fiscal years 2023 through
12 2028, a portion of the funds shall be for construction, re-
13 habilitation, and acquisition of Job Corps Campuses, as
14 determined by the Secretary.’’.
15 Subtitle D—National Programs
16 SEC. 271. NATIVE AMERICAN PROGRAMS.
17 Section 166 (29 U.S.C. 3221) is amended—
18 (1) in subsection (c), by striking ‘‘, on a com-
19 petitive basis,’’;
20 (2) in subsection (d)—
21 (A) in paragraph (1)—
22 (i) in subparagraph (A), by striking
23 ‘‘and’’ at the end;
24 (ii) in subparagraph (B), by striking
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26 and’’; and
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1 (iii) by adding at the end the fol-
2 lowing:
3 ‘‘(C) are evidence-based, to the extent
4 practicable.’’; and
5 (B) by amending paragraph (2) to read as
6 follows:
7 ‘‘(2) WORKFORCE DEVELOPMENT ACTIVITIES
8 AND SUPPLEMENTAL SERVICES.—Funds made avail-
9 able under subsection (c) shall be used for—
10 ‘‘(A) comprehensive workforce development
11 activities for Indians, Alaska Natives, or Native
12 Hawaiians, including training on entrepre-
13 neurial skills; or
14 ‘‘(B) supplemental services for Indian,
15 Alaska Native, or Native Hawaiian youth on or
16 near Indian reservations and in Oklahoma,
17 Alaska, or Hawaii.’’; and
18 (3) in subsection (i)—
19 (A) in paragraph (1)—
20 (i) in the heading, by striking ‘‘UNIT’’
21 and inserting ‘‘DIVISION’’; and
22 (ii) by striking ‘‘unit’’ and inserting
23 ‘‘division’’;
24 (B) in paragraph (4)—
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1 (i) by amending subparagraph (B) to
2 read as follows:
3 ‘‘(B) COMPOSITION.—
4 ‘‘(i) IN GENERAL.—The Council shall
5 be composed of individuals, appointed by
6 the Secretary, who are representatives of
7 the entities described in subsection (c).
8 ‘‘(ii) VACANCIES.—Any member ap-
9 pointed to fill a vacancy occurring before
10 the expiration of the term for which the
11 member’s predecessor was appointed shall
12 be appointed only for the remainder of that
13 term. A member may serve after the expi-
14 ration of that member’s term until a suc-
15 cessor has taken office.’’; and
16 (ii) in subparagraph (C), by striking
17 ‘‘unit’’ and inserting ‘‘division’’; and
18 (C) in paragraph (5), by striking ‘‘unit’’
19 and inserting ‘‘division’’.
20 SEC. 272. MIGRANT AND SEASONAL FARMWORKER PRO-
21 GRAMS.
22 Section 167 (29 U.S.C. 3222) is amended—
23 (1) in subsection (d), by inserting ‘‘be used for
24 the 4-year period for which funds are provided under
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1 (2) in subsection (h)—
2 (A) in the heading, by inserting ‘‘; FUND-
3 ING OBLIGATION’’ after ‘‘FUNDING ALLOCA-
4 TION’’;
5 (B) by striking ‘‘From the’’ and inserting
6 the following:
7 ‘‘(1) FUNDING ALLOCATION.—From the’’; and
8 (C) by adding at the end the following:
9 ‘‘(2) FUNDING OBLIGATION.—
10 ‘‘(A) IN GENERAL.—Funds appropriated
11 and made available to carry out this section for
12 any fiscal year may be obligated to any entity
13 described in subsection (b) during the period
14 beginning on April 1 of the calendar year that
15 begins during such fiscal year, and ending on
16 June 30 of the following calendar year.
17 ‘‘(B) OBLIGATED AMOUNT.—Funds made
18 available under this section for a fiscal year to
19 any entity described in subsection (b) shall be
20 obligated and available for expenditure by such
21 entity for the period beginning on July 1 of the
22 calendar year that begins during such fiscal
23 year, and ending on June 30 of the fourth cal-
24 endar year that begins after such fiscal year,
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1 riod if the Secretary determines that such ex-
2 tension is necessary to ensure the effective use
3 of such funds by such entity.’’; and
4 (3) in subsection (i)—
5 (A) by amending paragraph (2) to read as
6 follows:
7 ‘‘(2) ELIGIBLE MIGRANT FARMWORKER.—The
8 term ‘eligible migrant farmworker’ has the meaning
9 given the term ‘migrant farmworker’ in section 3,
10 except that such term also includes a dependent of
11 the farmworker.’’; and
12 (B) by amending paragraph (3) to read as
13 follows:
14 ‘‘(3) ELIGIBLE SEASONAL FARMWORKER.—The
15 term ‘eligible seasonal farmworker’ has the meaning
16 given the term ‘seasonal farmworker’ in section 3,
17 except that such term also includes a dependent of
18 the farmworker.’’.
19 SEC. 273. TECHNICAL ASSISTANCE.
20 Section 168(a)(1) (29 U.S.C. 3223(a)(1)) is amend-
21 ed—
22 (1) in the matter preceding subparagraph (A),
23 by striking ‘‘staff development’’ and inserting ‘‘pro-
24 fessional development for staff’’;
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1 (2) in subparagraph (C), by inserting ‘‘profes-
2 sional development and’’ after ‘‘the’’ the first place
3 it appears;
4 (3) by amending subparagraph (D) to read as
5 follows:
6 ‘‘(D) technical assistance and the training
7 of members of State boards and local boards
8 through grants, cooperative agreements, con-
9 tracts, and other arrangements with business
10 and labor intermediaries;’’;
11 (4) in subparagraph (G), by striking ‘‘and’’ at
12 the end;
13 (5) in subparagraph (H), by striking the period
14 at the end and inserting ‘‘; and’’; and
15 (6) by adding at the end the following:
16 ‘‘(I) the training of staff at one-stop cen-
17 ters on trauma-informed approaches, age, gen-
18 der and racial biases, and the unique safety
19 challenges faced by survivors of gender-based
20 violence; and
21 ‘‘(J) assistance and training for employers,
22 programs, and staff that mentor youth.’’.
23 SEC. 274. EVALUATIONS AND RESEARCH.
24 Section 169 (29 U.S.C. 3224) is amended—
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1 (A) in paragraph (4), by striking ‘‘2019’’
2 and inserting ‘‘2027’’; and
3 (B) in paragraph (6), by striking ‘‘the
4 Workforce’’ and inserting ‘‘Labor’’;
5 (2) in subsection (b)—
6 (A) in paragraph (1), by striking ‘‘the
7 Workforce’’ and inserting ‘‘Labor’’; and
8 (B) in paragraph (4)—
9 (i) by striking subparagraphs (B)
10 through (J);
11 (ii) by redesignating subparagraph
12 (K) as subparagraph (G);
13 (iii) by inserting after subparagraph
14 (A) the following:
15 ‘‘(B) STUDY ON CORRECTIONAL EDU-
16 CATION AND TRAINING.—The Secretary of
17 Labor, in coordination with the Secretary of
18 Education, may conduct a study to determine
19 the feasibility of, and potential means to rep-
20 licate the measurement of recidivism for former
21 criminal offenders who participated in adult
22 employment and training activities under this
23 title or correctional institution education pro-
24 grams under title II to improve the quality and
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1 ‘‘(C) STUDY ON AUTOMOTIVE TRUCK AND
2 MECHANIC WORKFORCE INDUSTRY.—The Sec-
3 retary of Labor, in coordination with the heads
4 of relevant Federal agencies, may conduct a
5 study on the automotive truck and mechanic
6 workforce industry in the public and private
7 sector that includes—
8 ‘‘(i) data relating to the number of in-
9 dividuals entering such industry in com-
10 parison to previous 20 years;
11 ‘‘(ii) identify strategies Federal agen-
12 cies and Congress may implement to pre-
13 vent an automotive mechanic skilled work-
14 force shortage;
15 ‘‘(iii) if there is a decline in the num-
16 ber of students and young professionals
17 entering such workforce identified pursu-
18 ant to clause (i), an assessment relating to
19 the reasons for such a decline;
20 ‘‘(iv) how the Federal agencies are ad-
21 justing training programs or providing a
22 greater number of apprenticeships to sat-
23 isfy the needs of an increase in advanced
24 modern technology in automotive truck,
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1 public fleets, and hydrogen-powered vehi-
2 cles; and
3 ‘‘(v) recommendations relating to the
4 advancement of automotive technician
5 training and apprenticeship programs.
6 ‘‘(D) STUDY ON STEM WORKFORCE AND
7 STEM EDUCATION.—The Secretary of Labor, in
8 coordination with the Secretary of Education,
9 may conduct a study on—
10 ‘‘(i) the number of STEM jobs cur-
11 rently available and anticipated expansion
12 in this career pathway;
13 ‘‘(ii) the STEM and computer science
14 course availability in public secondary
15 schools, disaggregated by race, ethnicity,
16 and gender; and
17 ‘‘(iii) how to expand access, particu-
18 larly for individuals with barriers to em-
19 ployment and for rural communities, to the
20 STEM and computer science fields.
21 ‘‘(E) REPORT ON INDIVIDUALS WITH CRE-
22 ATIVE SKILLSETS.—The Secretary of Labor
23 may conduct a study on the integration of indi-
24 viduals with creative skillsets (including individ-
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1 tries) into in-demand industry sectors and occu-
2 pations.
3 ‘‘(F) STUDY ON TRAINING OPPORTUNITIES
4 FOR DOMESTIC WORKERS.—The Secretary of
5 Labor may conduct a study on the development,
6 for domestic workers who work in health care,
7 of career pathways, national training standards,
8 apprenticeship programs, and recognized post-
9 secondary credentials or a secondary school di-
10 ploma or its recognized equivalent, which may
11 include how the creation or expansion of ap-
12 prenticeship programs for such domestic work-
13 ers (including such programs conducted at work
14 sites of such workers and such programs that
15 use peer educators and peer mentors for such
16 workers) could improve opportunities for such
17 workers, and make recommendations on wheth-
18 er and, if so, how such programs could improve
19 wages and working conditions across the do-
20 mestic worker industry.’’; and
21 (iv) in subparagraph (G), as so redes-
22 ignated, by striking ‘‘the Workforce’’ and
23 inserting ‘‘Labor’’;
24 (3) by redesignating subsection (c) as sub-
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1 (4) by inserting after subsection (b) the fol-
2 lowing:
3 ‘‘(c) WORKFORCE DEVELOPMENT INNOVATION
4 FUND.—
5 ‘‘(1) PROGRAM AUTHORIZED.—
6 ‘‘(A) IN GENERAL.—The Secretary may
7 award workforce development innovation
8 grants, on a competitive basis, to eligible enti-
9 ties to enable such entities to—
10 ‘‘(i) create, implement, replicate, or
11 take to scale evidence-based, or field-initi-
12 ated innovation programs and services for
13 improving the design and delivery of em-
14 ployment and training services that gen-
15 erate long-term improvements in the per-
16 formance of the workforce development
17 system, in outcomes for job-seekers (in-
18 cluding individuals with barriers to employ-
19 ment), and in the cost-effectiveness of pro-
20 grams and services; and
21 ‘‘(ii) rigorously evaluate such pro-
22 grams and services in accordance with this
23 subsection.
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1 ‘‘(B) DESCRIPTION OF GRANTS.—The
2 grants described in subparagraph (A) shall in-
3 clude—
4 ‘‘(i) early-phase grants to fund the de-
5 velopment, implementation, and feasibility
6 testing of an innovation program or serv-
7 ice, which prior research suggests has
8 promise, for the purpose of determining
9 whether such program or service can suc-
10 cessfully improve the design and delivery of
11 employment and training services that gen-
12 erate long-term improvements in the per-
13 formance of the workforce development
14 system, in outcomes for job-seekers (in-
15 cluding individuals with barriers to employ-
16 ment), and in the cost-effectiveness of such
17 programs and services;
18 ‘‘(ii) mid-phase grants to fund imple-
19 mentation and a well-designed and well-im-
20 plemented evaluation of such a program or
21 service that has been successfully imple-
22 mented under an early-phase grant de-
23 scribed in clause (i) or other effort meeting
24 similar criteria, for the purpose of meas-
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1 such programs or services, using data col-
2 lected pursuant to the implementation of
3 such program or service, if possible; and
4 ‘‘(iii) expansion grants to fund imple-
5 mentation and a well-designed and well-im-
6 plemented replication evaluation of such a
7 program or service that has been found to
8 produce sizable, important impacts under a
9 mid-phase grant described in clause (ii) or
10 other effort meeting similar criteria, for
11 the purposes of—
12 ‘‘(I) determining whether such
13 impacts may be successfully repro-
14 duced and sustained over time; and
15 ‘‘(II) identifying the conditions in
16 which such a program or service is
17 most effective.
18 ‘‘(2) TECHNICAL ASSISTANCE.—Of the funds
19 made available to carry out this subsection for a fis-
20 cal year, the Secretary shall reserve not more than
21 5 percent of the funds to—
22 ‘‘(A) provide technical assistance to eligible
23 entities, which may include preapplication work-
24 shops, web-based seminars, and evaluation sup-
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1 ‘‘(B) disseminate evidence-based best prac-
2 tices.
3 ‘‘(3) DEFINITIONS.—In this subsection:
4 ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligi-
5 ble entity’ means any of the following:
6 ‘‘(i) A State board.
7 ‘‘(ii) A local board.
8 ‘‘(iii) An Indian tribe, tribal organiza-
9 tion, Alaska Native entity, Indian-con-
10 trolled organization serving Indians, or Na-
11 tive Hawaiian organization that is eligible
12 to receive an award under section 166.
13 ‘‘(iv) A community-based, nonprofit,
14 or nongovernmental organization serving
15 an underserved population.
16 ‘‘(v) An institution of higher edu-
17 cation (as defined in section 101 of the
18 Higher Education Act of 1965 (20 U.S.C.
19 1001)).
20 ‘‘(vi) A consortium of such entities de-
21 scribed under clause (i) through clause (v).
22 ‘‘(B) WELL-DESIGNED AND WELL-IMPLE-
23 MENTED.—The term ‘well-designed and well-
24 implemented’, as applied to an evaluation study,
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1 consistent with applicable evaluation, data, and
2 privacy standards and practices of the Office of
3 Management and Budget.
4 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—
5 There are authorized to be appropriated to carry out
6 this subsection, such sums as may be necessary for
7 each of the fiscal years 2023 through 2028.’’.
8 SEC. 275. NATIONAL DISLOCATED WORKER GRANTS.
9 (a) AUTOMATION TECHNOLOGY.—Section
10 170(b)(1)(A) (29 U.S.C. 3225(b)(1)(A)) is amended by
11 inserting ‘‘advances in automation technology (as de-
12 scribed in section 134(d)(1)(A)(xiii)),’’ before ‘‘plant clo-
13 sures,’’.
14 (b) NATIONAL OR REGIONAL INTERMEDIARIES.—
15 Section 170(c)(1)(B) (29 U.S.C. 3225(c)(1)(B)) is
16 amended by striking ‘‘and any other’’ and all that follows
17 through ‘‘dislocations.’’ and inserting ‘‘which may include
18 a national or regional intermediary that provides employ-
19 ment and training activities to dislocated workers.’’.
20 (c) AUTHORIZATION OF APPROPRIATIONS.—Section
21 170 (29 U.S.C. 3225) is further amended by adding at
22 the end the following:
23 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—In ad-
24 dition to any funds reserved under section 132(a)(2)(A)
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1 priated to carry out this section $40,000,000 for each of
2 fiscal years 2023 through 2027.’’.
3 SEC. 276. YOUTHBUILD PROGRAM.
4 Section 171 (29 U.S.C. 3226) is amended—
5 (1) in subsection (c)—
6 (A) by amending paragraph (1) to read as
7 follows:
8 ‘‘(1) RESERVATION, AMOUNT OF GRANTS.—
9 ‘‘(A) RESERVATION.—In any fiscal year in
10 which the amount appropriated to carry out
11 this section is greater than $125,000,000, the
12 Secretary shall reserve 20 percent of such
13 amount that is greater than $125,000,000
14 for—
15 ‘‘(i) grants to applicants that are lo-
16 cated in rural areas (as defined by the Sec-
17 retary); and
18 ‘‘(ii) programs operated by an Indian
19 tribe or for the benefit of the members of
20 an Indian Tribe for the purpose of car-
21 rying out YouthBuild programs approved
22 under this section.
23 ‘‘(B) AMOUNT OF GRANTS.—After making
24 the reservation described under subparagraph
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1 amount appropriated to carry out this section
2 to make grants to applicants for the purpose of
3 carrying out YouthBuild programs approved
4 under this section.’’;
5 (B) in paragraph (2)—
6 (i) in subparagraph (A)—
7 (I) in clause (iv)(II), by striking
8 ‘‘English language learners’’ and in-
9 serting ‘‘English learners’’;
10 (II) in clause (vii), by striking
11 ‘‘12’’ and inserting ‘‘24’’; and
12 (ii) by adding at the end the fol-
13 lowing:
14 ‘‘(I) Provision of meals and other food as-
15 sistance that is offered to participants in con-
16 junction with another activity described in this
17 paragraph.
18 ‘‘(J) Informing participants of their eligi-
19 bility, and assisting participants in applying, for
20 Federal and State means tested benefit pro-
21 grams, such as the supplemental nutrition as-
22 sistance program, and assistance provided by
23 the State through the Child Care Development
24 Block Grant Act.
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1 ‘‘(K) Supportive services for individuals
2 with disabilities to ensure such individuals may
3 fully participate in a YouthBuild program, in-
4 cluding transportation needs determined appro-
5 priate by the Secretary.’’; and
6 (C) by adding at the end the following:
7 ‘‘(6) USE OF FUNDS FOR MATCH.—Consistent
8 with the requirements described under subsection
9 (e)(3), an entity which receives a grant under this
10 section may use a portion of such grant to meet all
11 or a portion of the requirement to provide matching
12 funds under section 121(e) of the National and
13 Community Service Act of 1990 (42 U.S.C.
14 12571(e)) or any other such requirements under
15 such Act.’’;
16 (2) in subsection (e)(1)—
17 (A) in subparagraph (A)(ii), by striking
18 ‘‘youth offender’’ and inserting ‘‘youth justice-
19 involved individual’’; and
20 (B) in subparagraph (B)(i), by striking
21 ‘‘basic skills deficient’’ and inserting
22 ‘‘foundational skill needs’’;
23 (3) in subsection (f), by adding at the end the
24 following:
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1 ‘‘(3) CONSULTATION.—In establishing expected
2 levels of performance under paragraph (1), the Sec-
3 retary shall consult, on not less than an annual
4 basis, with YouthBuild programs to ensure such lev-
5 els of performance account for the workforce and
6 postsecondary experiences of youth served by such
7 programs.’’;
8 (4) in subsection (g), by adding at the end the
9 following:
10 ‘‘(4) ANNUAL RELEASE OF FUNDING OPPOR-
11 TUNITY ANNOUNCEMENT.—The Secretary shall, to
12 the greatest extent practicable, announce new fund-
13 ing opportunities for grants under this section dur-
14 ing the same time period each year that such grants
15 are announced.
16 ‘‘(5) STATE WAGE DATA.—States receiving
17 grants under this Act shall facilitate access to wage
18 data of participants in YouthBuild programs for the
19 purpose of meeting the requirements of this section.
20 Such facilitation shall not reduce any protections af-
21 forded by the State that protect the privacy of par-
22 ticipant information.’’; and
23 (5) by amending subsection (i) to read as fol-
24 lows:
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1 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There
2 are authorized to be appropriated to carry out this sec-
3 tion—
4 ‘‘(1) $159,500,000 for fiscal year 2023;
5 ‘‘(2) $167,500,000 for fiscal year 2024;
6 ‘‘(3) $175,900,000 for fiscal year 2025;
7 ‘‘(4) $184,700,000 for fiscal year 2026;
8 ‘‘(5) $193,000,000 for fiscal year 2027; and
9 ‘‘(6) $203,600,000 for fiscal year 2028.’’.
10 SEC. 277. STRENGTHENING COMMUNITY COLLEGES TRAIN-
11 ING GRANTS PROGRAM.
12 Subtitle D of title I (29 U.S.C. 3221 et seq.), as
13 amended by this Act is further amended—
14 (1) by redesignating section 172 as section 177;
15 and
16 (2) by inserting after section 171 the following:
17 ‘‘SEC. 172. STRENGTHENING COMMUNITY COLLEGES
18 TRAINING GRANTS PROGRAM.
19 ‘‘(a) PURPOSES.—The purposes of this section are—
20 ‘‘(1) to establish, improve, or expand high-qual-
21 ity educational or career training programs at com-
22 munity colleges; and
23 ‘‘(2) to expand opportunities for individuals to
24 obtain recognized postsecondary credentials that are
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1 high-skill, high-wage, or in-demand industry sectors
2 or occupations.
3 ‘‘(b) STRENGTHENING COMMUNITY COLLEGES
4 TRAINING GRANTS PROGRAM.—
5 ‘‘(1) IN GENERAL.—From the amounts appro-
6 priated to carry out this section under subsection (j)
7 and not reserved under paragraph (2), the Secretary
8 shall, on a competitive basis, make grants to eligible
9 institutions to carry out the activities described in
10 subsection (e).
11 ‘‘(2) RESERVATION.—Of the amounts appro-
12 priated to carry out this section under subsection
13 (j), the Secretary may reserve not more than two
14 percent for the administration of grants awarded
15 under this section, including—
16 ‘‘(A) providing technical assistance and
17 targeted outreach to support eligible institu-
18 tions serving a high number or high percentage
19 of low-income individuals or individuals with
20 barriers to employment, and rural-serving eligi-
21 ble institutions, to provide guidance and assist-
22 ance in the process of applying for grants under
23 this section; and
24 ‘‘(B) evaluating and reporting on the per-
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1 this section in accordance with subsections (f)
2 and (g).
3 ‘‘(c) AWARD PERIOD.—
4 ‘‘(1) INITIAL GRANT PERIOD.—Each grant
5 under this section shall be awarded for an initial pe-
6 riod of not more than 4 years.
7 ‘‘(2) SUBSEQUENT GRANTS.—An eligible insti-
8 tution that receives an initial grant under this sec-
9 tion may receive one or more additional grants
10 under this section for additional periods of not more
11 than 4 years each if the eligible institution dem-
12 onstrates that the community college and industry
13 partnership supported with the initial grant was suc-
14 cessful (as determined by the Secretary on the basis
15 of the levels of performance achieved with respect to
16 the performance indicators described in subsection
17 (f)).
18 ‘‘(d) APPLICATION.—
19 ‘‘(1) IN GENERAL.—To be eligible to receive a
20 grant under this section, an eligible institution shall
21 submit an application to the Secretary at such time,
22 in such manner, and containing such information as
23 the Secretary may require.
24 ‘‘(2) CONTENTS.—At a minimum, an applica-
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1 graph (1) shall include a description of each the fol-
2 lowing:
3 ‘‘(A) The extent to which the eligible insti-
4 tution included in the partnership has prior ex-
5 perience in leading similar capacity building
6 projects that demonstrates the institution’s abil-
7 ity to accomplish multi-pronged, complex
8 projects and an explanation of the results of
9 any such projects.
10 ‘‘(B) The extent to which the eligible insti-
11 tution can—
12 ‘‘(i) leverage additional resources to
13 support the programs funded with the
14 grant; and
15 ‘‘(ii) demonstrate the future sustain-
16 ability of each such program.
17 ‘‘(C) The steps the institution will take to
18 ensure the quality of each program supported
19 by the grant, including the career pathways
20 within such programs.
21 ‘‘(D) The needs that will be addressed by
22 the community college and industry partnership
23 supported by the grant.
24 ‘‘(E) The population and geographic area
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1 ‘‘(F) One or more industries that the part-
2 nership will target and data demonstrating that
3 those industries are aligned with employer de-
4 mand in the geographic area to be served by
5 the partnership.
6 ‘‘(G) The educational or career training
7 programs to be supported by the grant.
8 ‘‘(H) The recognized postsecondary creden-
9 tials that are expected to be earned by partici-
10 pants in such programs and the related in-de-
11 mand industry sectors or occupations for which
12 such programs will prepare participants.
13 ‘‘(I) The evidence upon which the edu-
14 cation and training strategies to be used in the
15 programs are based and an explanation of how
16 such evidence influenced the design of the pro-
17 grams to improve education and employment
18 outcomes.
19 ‘‘(J) The methods and strategies the part-
20 nership will use to engage with employers in in-
21 demand industry sectors or occupations.
22 ‘‘(K) The roles and responsibilities of each
23 employer, organization, agency, or institution of
24 higher education with which the eligible institu-
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1 tion will partner to carry out activities under
2 this section.
3 ‘‘(L) Whether, and to what extent, the ac-
4 tivities of the partnership are expected to align
5 with the workforce strategies identified in—
6 ‘‘(i) any State plan or local plan sub-
7 mitted under this Act by the State, out-
8 lying area, or locality in which the partner-
9 ship is expected to operate;
10 ‘‘(ii) any State plan submitted under
11 section 122 of the Carl D. Perkins Career
12 and Technical Education Act of 2006 (20
13 U.S.C. 2342) by such State or outlying
14 area; and
15 ‘‘(iii) any economic development plan
16 of the chief executive of such State or out-
17 lying area.
18 ‘‘(M) How the eligible institution will iden-
19 tify and define appropriate performance out-
20 come measurements (as determined by the Sec-
21 retary) to measure—
22 ‘‘(i) how activities supported by the
23 grant build capacity for in-demand skills
24 training, such as by increasing the breadth
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1 developing and implementing new and ac-
2 celerated instructional techniques or tech-
3 nologies;
4 ‘‘(ii) the expected performance of indi-
5 viduals participating in the programs to be
6 offered by the eligible institution, including
7 with respect to any performance indicators
8 applicable under section 116; and
9 ‘‘(iii) any other performance outcomes
10 identified by the Secretary.
11 ‘‘(3) CONSIDERATION OF PREVIOUS EXPERI-
12 ENCE.—The Secretary may not disqualify an other-
13 wise eligible institution from receiving a grant under
14 this section solely because such institution lacks pre-
15 vious experience in capacity building projects, as de-
16 scribed in subparagraph (2)(A).
17 ‘‘(4) PRIORITY.—In awarding grants under this
18 section, the Secretary shall give priority to eligible
19 entities that will use the grant to serve—
20 ‘‘(A) individuals with barriers to employ-
21 ment; or
22 ‘‘(B) incumbent workers who need to gain
23 or improve foundational skills to enhance their
24 employability.
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25 ‘‘(e) USES OF FUNDS.—
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1 ‘‘(1) COMMUNITY COLLEGE AND INDUSTRY
2 PARTNERSHIP.—For the purpose of carrying out the
3 activities specified in paragraphs (2) and (3), an eli-
4 gible institution that receives a grant under this sec-
5 tion shall establish a partnership or continue an ex-
6 isting partnership with one or more employers in an
7 in-demand industry sector or occupation and shall
8 maintain such partnership for the duration of the
9 grant period. The eligible institution shall ensure
10 that the partnership—
11 ‘‘(A) targets one or more specific high-
12 skill, high-wage, or in-demand industries;
13 ‘‘(B) includes collaboration with the work-
14 force development system;
15 ‘‘(C) serves adult and dislocated workers,
16 incumbent workers, and new entrants to the
17 workforce;
18 ‘‘(D) uses an evidence-based program de-
19 sign that is appropriate for the activities carried
20 out by the partnership; and
21 ‘‘(E) incorporates, to the extent appro-
22 priate, virtual service delivery to facilitate tech-
23 nology-enabled learning.
24 ‘‘(2) REQUIRED ACTIVITIES.—An eligible insti-
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1 consultation with the partnership established under
2 paragraph (1), shall—
3 ‘‘(A) establish, improve, or expand high
4 quality, evidence-based education or career
5 training programs, career pathway programs, or
6 work-based learning programs (including ap-
7 prenticeship programs or pre-apprenticeships
8 that qualify an individual for participation in an
9 apprenticeship program); and
10 ‘‘(B) use not less than 15 percent of the
11 grant to provide supportive services to individ-
12 uals participating in the programs funded with
13 the grant to facilitate retention and program
14 completion, which may include—
15 ‘‘(i) childcare, transportation, mental
16 health services, and assistance in obtaining
17 health insurance coverage and housing;
18 ‘‘(ii) assistance in accessing State and
19 Federal means-tested benefits programs;
20 ‘‘(iii) career navigation, coaching,
21 mentorship, and case management serv-
22 ices, including providing information and
23 outreach to individuals with barriers to
24 employment to encourage such individuals
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1 to participate in programs funded with the
2 grant; and
3 ‘‘(iv) providing access to course mate-
4 rials, technological devices, required equip-
5 ment, and other supports necessary for
6 participation in and successful completion
7 of such programs.
8 ‘‘(3) ADDITIONAL ACTIVITIES.—In addition to
9 the activities required under paragraph (2), an eligi-
10 ble institution that receives a grant under this sec-
11 tion, in consultation with the partnership established
12 under paragraph (1), shall carry out one or more of
13 the following activities:
14 ‘‘(A) Establish, improve, or expand—
15 ‘‘(i) articulation agreements (as de-
16 fined in section 486A(a) of the Higher
17 Education Act of 1965 (20 U.S.C.
18 1093a(a)));
19 ‘‘(ii) credit transfer agreements;
20 ‘‘(iii) corequisite remediation pro-
21 grams that enable a student to receive re-
22 medial education services while enrolled in
23 a postsecondary course rather than requir-
24 ing the student to receive remedial edu-
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1 ‘‘(iv) dual or concurrent enrollment
2 programs;
3 ‘‘(v) competency-based education and
4 assessment; or
5 ‘‘(vi) policies and processes to award
6 academic credit for prior learning or for
7 the programs described in paragraph (2).
8 ‘‘(B) Make available, in a format that is
9 open, searchable, and easily comparable, infor-
10 mation on—
11 ‘‘(i) curricula and recognized postsec-
12 ondary credentials offered through pro-
13 grams funded with the grant, including
14 any curricula or credentials created or fur-
15 ther developed using such grant;
16 ‘‘(ii) the skills or competencies devel-
17 oped by individuals who participate in such
18 programs; and
19 ‘‘(iii) related employment and earn-
20 ings outcomes.
21 ‘‘(C) Establish or implement plans for pro-
22 viders of the programs described in paragraph
23 (2) to meet the criteria and carry out the proce-
24 dures necessary to be included on the eligible
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1 training services provider list described in sec-
2 tion 122(d).
3 ‘‘(D) Purchase, lease, or refurbish special-
4 ized equipment as necessary to carry out such
5 programs.
6 ‘‘(E) Reduce or eliminate unmet financial
7 need relating to participants’ cost of attendance
8 (as defined under section 472 of the Higher
9 Education Act of 1965 (20 U.S.C. 1087ll)) in
10 such programs.
11 ‘‘(4) ADMINISTRATIVE COST LIMIT.—An eligible
12 institution may use not more than 10 percent of the
13 funds received under this section for administrative
14 costs, including costs related to collecting informa-
15 tion, analysis, and coordination for purposes of sub-
16 section (g).
17 ‘‘(f) EVALUATIONS.—
18 ‘‘(1) IN GENERAL.—Not later than 5 years
19 after the date on which the first grant is made
20 under this section, the Secretary shall design and
21 conduct an evaluation to determine the overall effec-
22 tiveness of the community college and industry part-
23 nerships funded under this section.
24 ‘‘(2) ELEMENTS.—The evaluation conducted
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1 the general effectiveness of programs and activities
2 supported by grants awarded under this section, in-
3 cluding the extent to which the programs and activi-
4 ties—
5 ‘‘(A) developed new or expanded existing
6 successful industry sector strategies, including
7 the extent to which such partnerships deepened
8 employer engagement and developed education
9 and training programs that met industry skill
10 needs;
11 ‘‘(B) created, expanded, or enhanced ca-
12 reer pathways, including the extent to which the
13 partnerships developed or improved com-
14 petency-based education and assessment, credit
15 for prior learning, modularized and self-paced
16 curricula, integrated education and career
17 training, dual enrollment in secondary and post-
18 secondary career pathways, stacked and latticed
19 credentials, and online and distance learning;
20 ‘‘(C) created alignment between commu-
21 nity colleges and the workforce development
22 system;
23 ‘‘(D) assisted individuals with finding, re-
24 taining, or advancing in employment;
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1 ‘‘(E) assisted individuals with earning rec-
2 ognized postsecondary credentials; and
3 ‘‘(F) served various demographic groups,
4 including people of different geographic loca-
5 tions, ages, races, national origins, and sex.
6 ‘‘(3) DESIGN REQUIREMENTS.—The evaluation
7 under this subsection shall—
8 ‘‘(A) be designed by the Secretary (acting
9 through the Chief Evaluation Officer) in con-
10 junction with the partnerships being evaluated;
11 ‘‘(B) include analysis of participant feed-
12 back and outcome and process measures; and
13 ‘‘(C) use designs that employ the most rig-
14 orous analytical and statistical methods that
15 are reasonably feasible, such as the use of con-
16 trol groups.
17 ‘‘(4) DATA ACCESSIBILITY.—The Secretary
18 shall make available on a publicly accessible website
19 of the Department of Labor any data collected as
20 part of the evaluation under this subsection. Such
21 data shall be made available in an aggregated for-
22 mat that does not reveal personally identifiable in-
23 formation.
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1 ‘‘(5) PUBLICATION AND REPORTING OF EVAL-
2 UATION FINDINGS.—The Secretary (acting through
3 the Chief Evaluation Officer) shall—
4 ‘‘(A) in accordance with the timeline deter-
5 mined to be appropriate by the Chief Evalua-
6 tion Officer, publish an interim report on the
7 preliminary results of the evaluation conducted
8 under this subsection;
9 ‘‘(B) not later than 60 days after the date
10 on which the evaluation is completed under this
11 subsection, submit to the Committee on Edu-
12 cation and Labor of the House of Representa-
13 tives and the Committee on Health, Education,
14 Labor, and Pensions of the Senate a report on
15 such evaluation; and
16 ‘‘(C) not later than 90 days after such
17 completion date, publish and make the results
18 of the evaluation available on a publicly acces-
19 sible website of the Department of Labor.
20 ‘‘(g) PERFORMANCE REPORTS AND REVIEWS.—
21 ‘‘(1) PERFORMANCE REPORTS.—
22 ‘‘(A) IN GENERAL.—Not less frequently
23 than annually during each year of the grant pe-
24 riod, each eligible institution that receives a
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1 Secretary a report on the performance out-
2 comes achieved by the institution and the pro-
3 grams funded with the grant.
4 ‘‘(B) ELEMENTS.—Each report under this
5 paragraph shall include the following informa-
6 tion:
7 ‘‘(i) The performance of individuals
8 participating in programs funded with the
9 grant with respect to each of the primary
10 indicators of performance for adults de-
11 scribed in section 116(b).
12 ‘‘(ii) The performance of the eligible
13 institution on the performance indicators
14 related to capacity building described in
15 subsection (d)(2)(M).
16 ‘‘(iii) Such other information as the
17 Secretary determines appropriate.
18 ‘‘(2) TEMPLATE.—The Secretary shall develop
19 a template for the performance reports under para-
20 graph (1) that shall be used by eligible institutions
21 for the preparation and submission of such reports.
22 ‘‘(3) PUBLICATION OF REPORTS.—The Sec-
23 retary shall make the reports received under para-
24 graph (1) available on a publicly accessible website
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1 of the Department of Labor in transparent, linked,
2 open, and interoperable data formats.
3 ‘‘(4) REVIEW.—On an annual basis, the Sec-
4 retary shall review and evaluate each performance
5 report submitted by an eligible institution under
6 paragraph (1) to determine if the institution
7 achieved adequate levels of performance. If the Sec-
8 retary determines that an eligible institution did not
9 achieve adequate levels of performance, the Sec-
10 retary shall provide technical assistance to the insti-
11 tution.
12 ‘‘(h) DEFINITIONS.—In this section:
13 ‘‘(1) COMMUNITY COLLEGE.—The term ‘com-
14 munity college’ means—
15 ‘‘(A) a public institution of higher edu-
16 cation (as defined in section 101(a) of the
17 Higher Education Act (20 U.S.C. 1001(a)), at
18 which—
19 ‘‘(i) the highest degree awarded is an
20 associate degree; or
21 ‘‘(ii) an associate degree is the most
22 frequently awarded degree;
23 ‘‘(B) a branch campus of a 4-year public
24 institution of higher education (as defined in
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1 1965 (20 U.S.C. 1001)), if, at such branch
2 campus—
3 ‘‘(i) the highest degree awarded is an
4 associate degree; or
5 ‘‘(ii) an associate degree is the most
6 frequently awarded degree;
7 ‘‘(C) a 2-year Tribal College or University
8 (as defined in section 316(b)(3) of the Higher
9 Education Act of 1965 (20 U.S.C.
10 1059c(b)(3))); or
11 ‘‘(D) a degree-granting Tribal College or
12 University (as defined in section 316(b)(3) of
13 the Higher Education Act of 1965 (20 U.S.C.
14 1059c(b)(3))) at which—
15 ‘‘(i) the highest degree awarded is an
16 associate degree; or
17 ‘‘(ii) an associate degree is the most
18 frequently awarded degree.
19 ‘‘(2) ELIGIBLE INSTITUTION.—The term ‘eligi-
20 ble institution’ means—
21 ‘‘(A) a community college;
22 ‘‘(B) a postsecondary vocational institution
23 (as defined in section 102(c) of the Higher
24 Education Act of 1965 (20 U.S.C. 1002(c))); or
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1 ‘‘(C) a consortium of such colleges or insti-
2 tutions.
3 ‘‘(i) SUPPLEMENT NOT SUPPLANT.—Funds made
4 available under this section shall be used to supplement,
5 and not supplant other Federal, State, and local public
6 funds made available for carrying out the activities de-
7 scribed in this section.
8 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There
9 are authorized to be appropriated to carry out this sec-
10 tion—
11 ‘‘(1) $100,000,000 for fiscal year 2023;
12 ‘‘(2) $110,000,000 for fiscal year 2024;
13 ‘‘(3) $121,000,000 for fiscal year 2025;
14 ‘‘(4) $133,000,000 for fiscal year 2026;
15 ‘‘(5) $146,000,000 for fiscal year 2027; and
16 ‘‘(6) $161,000,000 for fiscal year 2028.’’.
17 SEC. 278. REENTRY EMPLOYMENT OPPORTUNITIES.
18 Subtitle D of title I (29 U.S.C. 3221 et seq.), as
19 amended by this Act, is further amended by inserting after
20 section 172, as added by the preceding section, the fol-
21 lowing:
22 ‘‘SEC. 173. REENTRY EMPLOYMENT OPPORTUNITIES.
23 ‘‘(a) PURPOSES.—The purposes of this section are—
24 ‘‘(1) to improve the employment, earnings, and
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1 and youth who have been involved with the justice
2 system;
3 ‘‘(2) to prompt innovation and improvement in
4 the reentry of justice-involved individuals into the
5 workforce so that successful initiatives can be estab-
6 lished or continued and replicated; and
7 ‘‘(3) to further develop the evidence on how to
8 improve employment, earnings, and skill attainment,
9 and reduce recidivism of justice-involved individuals,
10 through rigorous evaluations of specific services pro-
11 vided, including how they affect different popu-
12 lations and how they are best combined and
13 sequenced.
14 ‘‘(b) REENTRY EMPLOYMENT COMPETITIVE GRANTS,
15 CONTRACTS, AND COOPERATIVE AGREEMENTS AUTHOR-
16 IZED.—
17 ‘‘(1) IN GENERAL.—From the amounts appro-
18 priated under subsection (h)(1) and not reserved
19 under subsection (h)(2), the Secretary—
20 ‘‘(A) shall, on a competitive basis, make
21 grants to, or enter into contracts or cooperative
22 agreements with, eligible entities to implement
23 reentry projects that serve eligible adults or eli-
24 gible youth; and
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1 ‘‘(B) may not use less than 25 percent, or
2 more than 40 percent, of such amounts to
3 award funds under subparagraph (A) to eligible
4 entities that are national or regional inter-
5 mediaries to—
6 ‘‘(i) implement the reentry projects
7 described in subparagraph (A); or
8 ‘‘(ii) provide such funds to other eligi-
9 ble entities—
10 ‘‘(I) to implement such reentry
11 projects; and
12 ‘‘(II) to monitor and support
13 such entities.
14 ‘‘(2) AWARD PERIODS.—The Secretary shall
15 award funds under this section for an initial period
16 of not more than 4 years, and may renew such
17 awards for additional 4-year periods.
18 ‘‘(3) PRIORITY.—In awarding funds under this
19 section, the Secretary shall give priority to eligible
20 entities whose applications submitted under sub-
21 section (c) demonstrate a commitment to use such
22 funds to implement reentry projects—
23 ‘‘(A) that will serve high-crime or high-
24 poverty areas;
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1 ‘‘(B) that will enroll in such reentry
2 projects eligible youth or eligible adults—
3 ‘‘(i) prior to the release of such indi-
4 viduals from incarceration in a correctional
5 institution; or
6 ‘‘(ii) not later than 180 days after
7 such release;
8 ‘‘(C) whose strategy and design are evi-
9 dence-based, including cognitive behavioral ther-
10 apy with a workforce emphasis;
11 ‘‘(D) that establish partnerships with—
12 ‘‘(i) businesses; or
13 ‘‘(ii) institutions of higher education
14 to provide project participants with pro-
15 grams of study leading to recognized post-
16 secondary credentials in in-demand occupa-
17 tions;
18 ‘‘(E) that provide training services that are
19 designed to meet the basic requirements of an
20 employer (including a group of employers) and
21 are conducted with a commitment by the em-
22 ployer to employ individuals upon successful
23 completion of the training; or
24 ‘‘(F) that demonstrate a track record and
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1 menting, and refining reentry programs that in-
2 clude employment, education, training, and sup-
3 port services for adults and youth with current
4 or prior justice system involvement.
5 ‘‘(c) APPLICATION.—
6 ‘‘(1) FORM AND PROCEDURE.—To be qualified
7 to receive funds under this section, an eligible entity
8 shall submit an application at such time, and in
9 such manner, as determined by the Secretary, and
10 containing the information described in paragraph
11 (2).
12 ‘‘(2) CONTENTS.—An application submitted by
13 an eligible entity under paragraph (1) shall contain
14 the following:
15 ‘‘(A) A description of the eligible entity, in-
16 cluding the experience of the eligible entity in
17 providing employment and training services for
18 justice-involved individuals.
19 ‘‘(B) A description of the needs that will
20 be addressed by the reentry project supported
21 by the funds received under this section, and
22 the target participant population and the geo-
23 graphic area to be served.
24 ‘‘(C) A description of the proposed employ-
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1 services, if applicable, to be provided under
2 such reentry project, and how such activities
3 and services will prepare participants for em-
4 ployment in in-demand industry sectors and oc-
5 cupations within the geographic area to be
6 served by such reentry project.
7 ‘‘(D) The anticipated schedule for carrying
8 out the activities proposed under the reentry
9 project.
10 ‘‘(E) A description of—
11 ‘‘(i) the partnerships the eligible enti-
12 ty will establish with agencies and entities
13 within the criminal justice system, local
14 boards and one-stops, community-based or-
15 ganizations, and employers (including local
16 businesses) to provide participants of the
17 reentry project with work-based learning,
18 job placement, and recruitment (if applica-
19 ble); and
20 ‘‘(ii) how the eligible entity will co-
21 ordinate its activities with other services
22 and benefits available to justice-involved
23 individuals in the geographic area to be
24 served by the reentry project.
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1 ‘‘(F) A description of the manner in which
2 individuals will be recruited and selected for
3 participation for the reentry project.
4 ‘‘(G) A detailed budget and a description
5 of the system of fiscal controls, and auditing
6 and accountability procedures, that will be used
7 to ensure fiscal soundness for the reentry
8 project.
9 ‘‘(H) A description of the expected levels of
10 performance to be achieved with respect to the
11 performance measures described in subsection
12 (e).
13 ‘‘(I) A description of the evidence-based
14 practices the eligible entity will use in adminis-
15 tration of the reentry project, including clear
16 delineation of whether the evidence is strong,
17 moderate, or promising.
18 ‘‘(J) An assurance that the eligible entity
19 will collect, disaggregate by race, ethnicity, gen-
20 der, and other participant characteristics, and
21 report to the Secretary the data required with
22 respect to the reentry project carried out by the
23 eligible entity for purposes of the evaluation
24 under this section.
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1 ‘‘(K) Any other information required by
2 the Secretary.
3 ‘‘(d) USES OF FUNDS.—
4 ‘‘(1) IN GENERAL.—An eligible entity that re-
5 ceives funds under this section shall use such funds
6 to implement a reentry project for eligible adults, eli-
7 gible youth, or both that provides one or more of the
8 following services:
9 ‘‘(A) Supportive services.
10 ‘‘(B) For participants who are eligible
11 youth, one or more of the program elements
12 listed in subparagraphs (A) through (N) of sec-
13 tion 129(c)(2).
14 ‘‘(C) One or more of the individualized ca-
15 reer services listed in subclause (I) through
16 (IX) of section 134(c)(2)(A)(xii).
17 ‘‘(D) Follow-up services after placement in
18 unsubsidized employment as described in sec-
19 tion 134(c)(2)(A)(xiii).
20 ‘‘(E) One or more of the training services
21 listed in clauses (i) through (x)(i) in section
22 134(c)(3)(D), including subsidized employment
23 opportunities through transitional jobs.
24 ‘‘(F) Apprenticeship programs.
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25 ‘‘(G) Education in digital literacy skills.
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1 ‘‘(H) Mentoring.
2 ‘‘(I) Provision of or referral to evidence-
3 based mental health treatment by licensed prac-
4 titioners.
5 ‘‘(J) Assistance in obtaining employment
6 as a result of the establishment and develop-
7 ment by the eligible entity of relationships and
8 networks with large and small employers.
9 ‘‘(K) Assistance with driver’s license rein-
10 statement and fees for driver’s licenses and
11 other necessary documents for employment.
12 ‘‘(L) Provision of or referral to substance
13 abuse treatment services, provided that funds
14 awarded under this section are only used to
15 provide such services to participants who are
16 unable to obtain such services through other
17 programs providing such services.
18 ‘‘(M) Assistance in obtaining employment
19 as a result of the coordination by the eligible
20 entity with employers to develop customized
21 training programs and on-the-job training.
22 ‘‘(2) ADMINISTRATIVE COST LIMIT.—An eligible
23 entity may not use more than 10 percent of the
24 funds received under this section for administrative
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1 mation, analysis, and coordination for purposes of
2 subsection (e) or (f).
3 ‘‘(e) LEVELS OF PERFORMANCE.—
4 ‘‘(1) ESTABLISHMENT OF LEVELS.—
5 ‘‘(A) IN GENERAL.—The Secretary shall
6 establish expected levels of performance for re-
7 entry projects funded this section for—
8 ‘‘(i) each of the primary indicators of
9 performance for adults and youth de-
10 scribed in section 116(b); and
11 ‘‘(ii) the additional performance indi-
12 cators described in paragraph (2).
13 ‘‘(B) UPDATES.—The levels established
14 under subparagraph (A) shall be updated for
15 each 4-year award period.
16 ‘‘(2) ADDITIONAL INDICATORS OF PERFORM-
17 ANCE.—In addition to the indicators described in
18 paragraph (1)(A)(i), the Secretary—
19 ‘‘(A) shall establish an indicator of per-
20 formance for projects funded under this section
21 with respect participant recidivism; and
22 ‘‘(B) may establish other performance indi-
23 cators for such projects as the Secretary deter-
24 mines appropriate.
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1 ‘‘(3) AGREEMENT ON PERFORMANCE LEVELS.—
2 In establishing and updating performance levels
3 under paragraph (1), the Secretary shall reach
4 agreement on such levels with the eligible entities re-
5 ceiving awards under this section that will be subject
6 to such levels, based on factors including—
7 ‘‘(A) the expected performance levels of
8 each such eligible entity described in the appli-
9 cation submitted under subsection (c)(2)(H);
10 ‘‘(B) local economic conditions of the geo-
11 graphic area to be served by each such eligible
12 entity, including differences in unemployment
13 rates and job losses or gains in particular in-
14 dustries; and
15 ‘‘(C) the characteristics of the participants
16 of the projects when the participants enter the
17 project involved, including—
18 ‘‘(i) criminal records and indicators of
19 poor work history;
20 ‘‘(ii) lack of work experience;
21 ‘‘(iii) lack of educational or occupa-
22 tional skills attainment;
23 ‘‘(iv) low levels of literacy or English
24 proficiency;
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1 ‘‘(vi) homelessness; and
2 ‘‘(vii) receipt of public assistance.
3 ‘‘(4) FAILURE TO MEET PERFORMANCE LEV-
4 ELS.—In the case of an eligible entity that fails to
5 meet the performance levels established under para-
6 graph (1) for the reentry project involved for any
7 award year, the Secretary shall provide technical as-
8 sistance to the eligible entity, including the develop-
9 ment of a performance improvement plan.
10 ‘‘(f) EVALUATION OF REENTRY PROJECTS.—
11 ‘‘(1) IN GENERAL.—Not later than 5 years
12 after the first award of funds under this section is
13 made, the Secretary (acting through the Chief Eval-
14 uation Officer) shall meet the following require-
15 ments:
16 ‘‘(A) DESIGN AND CONDUCT OF EVALUA-
17 TION.—Design and conduct an evaluation to
18 evaluate the effectiveness of the reentry projects
19 funded under this section, which meets the re-
20 quirements of paragraph (2), and includes an
21 evaluation of each of the following:
22 ‘‘(i) The effectiveness of such projects
23 in assisting individuals with finding em-
24 ployment and maintaining employment at
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1 the second quarter and fourth quarter
2 after unsubsidized employment is obtained.
3 ‘‘(ii) The effectiveness of such projects
4 in assisting individuals with earning recog-
5 nized postsecondary credentials.
6 ‘‘(iii) The effectiveness of such
7 projects in relation to their cost, including
8 the extent to which the projects improve
9 reentry outcomes, including in wages
10 earned, benefits provided by employers, ca-
11 reer advancement, measurable skills gains,
12 credentials earned, housing, health, and re-
13 cidivism of participants in comparison to
14 comparably situated individuals who did
15 not participate in such projects.
16 ‘‘(iv) The effectiveness of specific
17 services and interventions provided and of
18 the overall project design.
19 ‘‘(v) If applicable, the extent to which
20 such projects meet the needs of various de-
21 mographic groups, including people of dif-
22 ferent geographic locations, ages, races,
23 national origins, sex, and criminal records,
24 and individuals with disabilities.
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1 ‘‘(vi) If applicable, the appropriate se-
2 quencing, combination, or concurrent
3 structure, of services for each subpopula-
4 tion of individuals who are participants of
5 such projects, such as the order, combina-
6 tion, or concurrent structure and services
7 in which transitional jobs and occupational
8 skills training are provided, to ensure that
9 such participants are prepared to fully
10 benefit from employment and training
11 services provided under the project.
12 ‘‘(vii) Limitations or barriers to edu-
13 cation and employment as a result of occu-
14 pational or educational licensing restric-
15 tions, access to financial aid, and access to
16 housing.
17 ‘‘(viii) The quality and effectiveness of
18 technical assistance provided by the Sec-
19 retary for implementing such projects.
20 ‘‘(ix) Other elements that the Chief
21 Evaluation Officer may determine to be
22 appropriate.
23 ‘‘(B) DATA ACCESSIBILITY.—Make avail-
24 able, on the publicly accessible website of the
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25 Department of Labor, data collected during the
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1 course of evaluation under this subsection, in
2 an aggregated format that does not provide per-
3 sonally identifiable information.
4 ‘‘(2) DESIGN REQUIREMENTS.—An evaluation
5 under this subsection—
6 ‘‘(A) shall—
7 ‘‘(i) be designed by the Secretary (act-
8 ing through the Chief Evaluation Officer)
9 in conjunction with the eligible entities car-
10 rying out the reentry projects being evalu-
11 ated;
12 ‘‘(ii) include analysis of participant
13 feedback and outcome and process meas-
14 ures; and
15 ‘‘(iii) use designs that employ the
16 most rigorous analytical and statistical
17 methods that are reasonably feasible, such
18 as the use of control groups; and
19 ‘‘(B) may not—
20 ‘‘(i) collect personally identifiable in-
21 formation, except to the extent such infor-
22 mation is necessary to conduct the evalua-
23 tion; or
24 ‘‘(ii) reveal or share personally identi-
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1 ‘‘(3) PUBLICATION AND REPORTING OF EVAL-
2 UATION FINDINGS.—The Secretary (acting through
3 the Chief Evaluation Officer) shall—
4 ‘‘(A) in accordance with the timeline deter-
5 mined to be appropriate by the Chief Evalua-
6 tion Officer, publish an interim report on such
7 evaluation;
8 ‘‘(B) not later than 90 days after the date
9 on which any evaluation is completed under this
10 subsection, publish and make publicly available
11 such evaluation; and
12 ‘‘(C) not later than 60 days after the com-
13 pletion date described in subparagraph (B),
14 submit to the Committee on Education and
15 Labor of the House of Representatives and the
16 Committee on Health, Education, Labor, and
17 Pensions of the Senate a report on such evalua-
18 tion.
19 ‘‘(g) ANNUAL REPORT.—
20 ‘‘(1) CONTENTS.—Subject to paragraph (2),
21 the Secretary shall post, using transparent, linked,
22 open, and interoperable data formats, on its publicly
23 accessible website an annual report on—
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1 ‘‘(A) the number of individuals who par-
2 ticipated in projects assisted under this section
3 for the preceding year;
4 ‘‘(B) the percentage of such individuals
5 who successfully completed the requirements of
6 such projects; and
7 ‘‘(C) the performance of eligible entities on
8 such projects as measured by the performance
9 indicators set forth in subsection (e).
10 ‘‘(2) DISAGGREGATION.—The information pro-
11 vided under subparagraphs (A) through (C) of para-
12 graph (1) with respect to a year shall be
13 disaggregated by each project assisted under this
14 section for such year.
15 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS; RES-
16 ERVATIONS.—
17 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—
18 There are authorized to be appropriated to carry out
19 this section—
20 ‘‘(A) $250,000,000 for fiscal year 2023;
21 ‘‘(B) $300,000,000 for fiscal year 2024;
22 ‘‘(C) $350,000,000 for fiscal year 2025;
23 ‘‘(D) $400,000,000 for fiscal year 2026;
24 ‘‘(E) $450,000,000 for fiscal year 2027;
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1 ‘‘(F) $500,000,000 for fiscal year 2028.
2 ‘‘(2) RESERVATION OF FUNDS.—Of the funds
3 appropriated under paragraph (1) for a fiscal year,
4 the Secretary—
5 ‘‘(A) may reserve not more than 5 percent
6 for the administration of grants, contracts, and
7 cooperative agreements awarded under this sec-
8 tion, of which not more than 2 percent may be
9 reserved for the provision of—
10 ‘‘(i) technical assistance to eligible en-
11 tities that receive funds under this section;
12 and
13 ‘‘(ii) outreach and technical assistance
14 to eligible entities desiring to receive such
15 funds, including assistance with application
16 development and submission; and
17 ‘‘(B) shall reserve not less than 1 percent
18 and not more than 2.5 percent for the evalua-
19 tion activities under subsection (f) or to support
20 eligible entities with any required data collec-
21 tion, analysis, and coordination related to such
22 evaluation activities.
23 ‘‘(i) DEFINITIONS.—In this section:
24 ‘‘(1) CHIEF EVALUATION OFFICER.—The term
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1 independent evaluation office located organization-
2 ally in the Office of the Assistant Secretary for Pol-
3 icy of the Department of Labor.
4 ‘‘(2) COMMUNITY SUPERVISION.—The term
5 ‘community supervision’ means mandatory oversight
6 (including probation and parole) of a formerly incar-
7 cerated person—
8 ‘‘(A) who was convicted of a crime by a
9 judge or parole board; and
10 ‘‘(B) who is living outside a secure facility.
11 ‘‘(3) CORRECTIONAL INSTITUTION.—The term
12 ‘correctional institution’ has the meaning given the
13 term in section 225(e).
14 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en-
15 tity’ means—
16 ‘‘(A) a private nonprofit organization
17 under section 501(c)(3) of the Internal Revenue
18 Code of 1986, including a community-based or
19 faith-based organization;
20 ‘‘(B) a local board;
21 ‘‘(C) a State or local government;
22 ‘‘(D) an Indian or Native American entity
23 eligible for grants under section 166;
24 ‘‘(E) a labor organization or joint labor-
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1 ‘‘(F) a consortium of the entities described
2 in subparagraphs (A) through (E).
3 ‘‘(5) ELIGIBLE ADULT.—The term ‘eligible
4 adult’ means a justice-involved individual who—
5 ‘‘(A) is age 25 or older; and
6 ‘‘(B) in the case of an individual that was
7 previously incarcerated, was released from in-
8 carceration not more than 3 years prior to en-
9 rollment in a project funded under this section.
10 ‘‘(6) ELIGIBLE YOUTH.—The term ‘eligible
11 youth’ means a justice-involved individual who is not
12 younger than age 14 or older than age 24.
13 ‘‘(7) HIGH-CRIME.—The term ‘high-crime’,
14 when used with respect to a geographic area, means
15 an area with crime rates that are higher than the
16 rate for the overall city (for urban areas) or of non-
17 metropolitan area in the State (for rural areas), as
18 such terms are used by the Bureau of Labor Statis-
19 tics.
20 ‘‘(8) HIGH-POVERTY.—The term ‘high-poverty’,
21 when used with respect to a geographic area, means
22 an area with a poverty rate of at least 25 percent
23 as determined based on the most recently available
24 data from the American Community Survey con-
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25 ducted by the Bureau of the Census.’’.
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1 SEC. 279. SECTORAL EMPLOYMENT THROUGH CAREER
2 TRAINING FOR OCCUPATIONAL READINESS
3 (SECTOR) PROGRAM.
4 Subtitle D of title I (29 U.S.C. 3221 et seq.), as
5 amended by this Act, is further amended by inserting after
6 section 173, as added by the preceding section, the fol-
7 lowing:
8 ‘‘SEC. 174. SECTORAL EMPLOYMENT THROUGH CAREER
9 TRAINING FOR OCCUPATIONAL READINESS
10 (SECTOR) PROGRAM.
11 ‘‘(a) IN GENERAL.—From amounts appropriated
12 under subsection (e)(1), and not reserved under subsection
13 (e)(2), the Secretary shall—
14 ‘‘(1) use not less than 80 percent of such
15 amounts to award grants under subsection (b) to
16 each State to develop, convene, or expand industry
17 or sector partnerships; and
18 ‘‘(2) use not less than 20 percent of such
19 amounts to award grants under subsection (c), on a
20 competitive basis, to eligible industry or sector part-
21 nerships for the purposes of expanding workforce de-
22 velopment and employment opportunities for high-
23 skill, high-wage, or in-demand industry sectors or
24 occupations, as determined by the Secretary.
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25 ‘‘(b) FORMULA GRANTS.—
26 ‘‘(1) DISTRIBUTION OF FUNDS.—
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1 ‘‘(A) STATE ALLOTMENT.—From the
2 amount determined by the Secretary under sub-
3 section (a)(1), the Secretary shall allot funds to
4 each State on the basis of the relative allotment
5 the State received under section 132(b) for such
6 fiscal year, compared to the total amount allot-
7 ted to all States under section 132(b) for such
8 fiscal year.
9 ‘‘(B) LOCAL AREA ALLOCATIONS.—The
10 Secretary shall use the amounts allotted under
11 subparagraph (A) to distribute funds in the
12 State to carry out the activities described in
13 paragraph (2) by—
14 ‘‘(i) allocating funds to each local area
15 of the State on the basis of the relative al-
16 location the local area received under sec-
17 tion 133(b) for such fiscal year, compared
18 to the total amount allocated to all local
19 areas in the State under section 133(b) for
20 such fiscal year; or
21 ‘‘(ii) allocating funds to local areas of
22 the State that have the highest rates of
23 unemployment or poverty, or the highest
24 numbers of individuals with barriers to em-
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1 ‘‘(2) USE OF FUNDS.—The funds awarded
2 under paragraph (1) may be used to—
3 ‘‘(A) regularly convene stakeholders in a
4 collaborative structure to identify, develop, im-
5 prove, or expand training, employment, and
6 growth opportunities for high-skill, high-wage,
7 or in-demand industry sectors or occupations;
8 ‘‘(B) form, expand, and improve training
9 programs, to be managed by eligible industry
10 and sector partnerships that include attainment
11 of industry-recognized credentials, the integra-
12 tion of work-based learning activities with train-
13 ing curricula and occupational certification pro-
14 grams, and that address specific workforce
15 issues and needs of groups of workers, with a
16 priority on individuals with a barrier to employ-
17 ment, within regional labor markets in the
18 State;
19 ‘‘(C) strengthen the coordination of eligible
20 industry and sector partnerships and programs
21 with the programs administered under subtitle
22 B of this title and with the one-stop partners
23 described in section 121; and
24 ‘‘(D) to directly provide, or arrange for the
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1 barriers to employment and other participants
2 complete and successfully transition out of
3 training described in subparagraph (B), which
4 services shall include career services, supportive
5 services, or the provision of needs-related pay-
6 ments.
7 ‘‘(c) COMPETITIVE GRANTS.—
8 ‘‘(1) GRANTS AUTHORIZED.—From the amount
9 determined by the Secretary under subsection (a)(2),
10 the Secretary shall award grants, on a competitive
11 basis, to eligible industry or sector partnerships for
12 the purposes described in subsection (a)(2).
13 ‘‘(2) APPLICATION.—
14 ‘‘(A) FORM AND PROCEDURE.—To receive
15 a grant under this subsection, the lead appli-
16 cant on behalf of an eligible industry or sector
17 partnership shall submit to the Secretary an
18 application at such time, in such manner, and
19 containing such information as specified by the
20 Secretary.
21 ‘‘(B) CONTENTS.—An application sub-
22 mitted under paragraph (1) shall contain at a
23 minimum the following:
24 ‘‘(i) Identification of the high-skill,
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1 occupation on which such partnership is
2 focused.
3 ‘‘(ii) A description of the activities to
4 be carried out under the grant.
5 ‘‘(iii) A description of the workers
6 that will be targeted for recruitment as
7 program participants, how a priority of
8 service under the grant will be provided to
9 individuals with barriers to employment,
10 and how the activities will be designed to
11 maximize access and eliminate barriers to
12 entry to training and other activities for
13 such individuals.
14 ‘‘(iv) A description of other Federal or
15 non-Federal resources that will be lever-
16 aged in support of the eligible industry or
17 sector partnership (including cash or in-
18 kind contributions from private-sector
19 partners).
20 ‘‘(3) USES OF FUNDS.—An eligible industry or
21 sector partnership awarded a grant under this sub-
22 section shall use such grant funds—
23 ‘‘(A) to engage and regularly convene
24 stakeholders in a collaborative structure to
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1 employment, and growth opportunities for the
2 high-skill, high-wage, or in-demand industry
3 sector or occupation on which such partnership
4 is focused;
5 ‘‘(B) to directly provide, or arrange for the
6 provision of, high-quality, evidence-based train-
7 ing for high-skill, high-wage, or in-demand in-
8 dustry sectors or occupations on which such
9 partnership is focused, which shall include
10 training that leads to the attainment of nation-
11 ally or regionally portable and stackable recog-
12 nized postsecondary credentials for the industry
13 sector or occupations described in paragraph
14 (A), including—
15 ‘‘(i) training provided through appren-
16 ticeship programs, or pre-apprenticeship
17 programs that articulate to apprenticeship
18 programs, labor organizations, or joint
19 labor-management partnerships;
20 ‘‘(ii) on-the job training, customized
21 training, and paid internships and work
22 experience;
23 ‘‘(iii) incumbent worker training to
24 support lower wage workers in upgrading
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1 skills and advancing along a career path-
2 way; and
3 ‘‘(iv) training services, in addition to
4 those described in clauses (i) through (iii),
5 that are authorized under section
6 134(c)(3)(D), including occupational skills
7 training; and
8 ‘‘(C) to directly provide, or arrange for the
9 provision of, services to help individuals with
10 barriers to employment and other participants
11 complete and successfully transition out of
12 training described in subparagraph (B), which
13 services shall include career services, supportive
14 services, or the provision of needs-related pay-
15 ments authorized under subsections (c)(2),
16 (c)(4), and (d)(3) of section 134.
17 ‘‘(4) PRIORITY IN SELECTION OF GRANTS.—
18 The Secretary shall give priority consideration in ap-
19 plications that demonstrate the ability to serve eligi-
20 ble individuals in targeted economic regions that are
21 experiencing high-poverty, have traditionally been
22 underserved by regional economic development and
23 sector partnership activities (including rural areas),
24 is facing or at risk of facing significant worker dis-
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1 gional or State economy or labor market, or where
2 the local unemployment rate is higher than the na-
3 tional unemployment rate.
4 ‘‘(d) PROGRAM ACCOUNTABILITY AND EVALUA-
5 TION.—
6 ‘‘(1) IN GENERAL.—The grants awarded under
7 this section are subject to—
8 ‘‘(A) the primary indicators of performance
9 under section 116(b)(2)(A) and expected levels
10 of performance relating to such indicators; and
11 ‘‘(B) such additional measures as the Sec-
12 retary deems appropriate, which may include
13 skills attainment, wage or career progression,
14 training-related employment, and additional job
15 quality measures.
16 ‘‘(2) EVALUATION.—Not later than 5 years
17 after the first award of funds under this section is
18 made the Secretary (acting through the chief evalua-
19 tion officer) shall design and conduct an evaluation
20 to evaluate the effectiveness of the program carried
21 out this section.
22 ‘‘(3) PUBLICATION.—The Secretary shall pub-
23 lish the outcomes of grantees under the indicators
24 and measures described in paragraph (1) and the
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1 accessible website, and submit the evaluation find-
2 ings to the Committee on Education and Labor of
3 the House of Representatives and the Committee on
4 Health, Education, Labor and Pensions of the Sen-
5 ate.
6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS; RES-
7 ERVATIONS.—
8 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—
9 There are authorized to be appropriated to carry out
10 this section—
11 ‘‘(A) $1,000,000,000 for fiscal year 2023;
12 ‘‘(B) $1,100,000,000 for fiscal year 2024;
13 ‘‘(C) $1,210,000,000 for fiscal year 2025;
14 ‘‘(D) $1,331,000,000 for fiscal year 2026;
15 ‘‘(E) $1,464,100,000 for fiscal year 2027;
16 and
17 ‘‘(F) $1,610,510,000 for fiscal year 2028.
18 ‘‘(2) RESERVATION OF FUNDS.—Of the funds
19 appropriated under paragraph (1) for a fiscal year,
20 the Secretary may reserve not more than 5 percent
21 which—
22 ‘‘(A) may be used for administration of the
23 program described in this section, in addition to
24 any other funds available for these activities, in-
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1 sistance, targeted outreach to eligible partner-
2 ships serving local areas with high unemploy-
3 ment rates or high percentages of low-income
4 individuals or individuals with barriers to em-
5 ployment; and oversight to support eligible part-
6 nerships; and
7 ‘‘(B) shall be used to conduct an evalua-
8 tion of the activities carried out under this sec-
9 tion and for reporting on the performance and
10 impact of programs funded under this section.
11 ‘‘(f) DEFINITIONS.—In this section:
12 ‘‘(1) ELIGIBLE INDUSTRY OR SECTOR PART-
13 NERSHIP.—The term ‘eligible industry or sector
14 partnership’ means—
15 ‘‘(A) an industry or sector partnership,
16 which shall include multiple representatives de-
17 scribed in each of clauses (i) through (iii) of
18 paragraph (26)(A) of section 3; or
19 ‘‘(B) a partnership of multiple entities de-
20 scribed in section 3(26) and a State board or
21 local board, that is in the process of estab-
22 lishing an industry or sector partnership.
23 ‘‘(2) LEAD APPLICANT.—The term ‘lead appli-
24 cant’ means an applicant for a grant under this sec-
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1 higher education, labor-management partnership,
2 labor organization, industry association, or other
3 State and regional nonprofit organizations with ex-
4 perience in designing, convening, and expanding in-
5 dustry or sector partnerships.’’.
6 SEC. 280. WORKFORCE DATA QUALITY INITIATIVE GRANTS.
7 Subtitle D of title I (29 U.S.C. 3221 et seq.), as
8 amended by this Act, is further amended by inserting after
9 section 174, as added by the preceding section, the fol-
10 lowing:
11 ‘‘SEC. 175. WORKFORCE DATA QUALITY INITIATIVE
12 GRANTS.
13 ‘‘(a) AUTHORITY.—The Secretary is authorized to
14 award grants, on a competitive basis, to States to create
15 workforce longitudinal administrative databases and asso-
16 ciated resources for the purpose of strengthening work-
17 force development program quality, protecting privacy,
18 and improving transparency.
19 ‘‘(b) PRIORITY.—In awarding grants under this sec-
20 tion, the Secretary shall give priority to States that—
21 ‘‘(1) have the greatest need to improve their
22 data infrastructure;
23 ‘‘(2) will use non-Federal contributions to im-
24 prove State data infrastructure and related re-
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1 ‘‘(3) support co-enrollment in workforce related
2 programs;
3 ‘‘(4) participate and contribute data to the
4 State’s linked longitudinal data system, including
5 submitting data that when linked with elementary
6 and secondary school and postsecondary data, pro-
7 vides the State the ability to create more data tools
8 and analytics; and
9 ‘‘(5) enable research and program improvement
10 activities.
11 ‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Funds made
12 available under this section shall be used to supplement,
13 and not supplant, other Federal, State, or local funds used
14 for developing State data systems.
15 ‘‘(d) ADMINISTRATIVE COSTS.—The Secretary shall
16 reserve not more than 10 percent of funds made available
17 to carry out this section for each fiscal year for the provi-
18 sion of technical assistance to support the implementation
19 of grants awarded under this section.
20 ‘‘(e) PRIVACY.—Nothing in this section shall require
21 the disaggregation of data when the number of individuals
22 in a category is insufficient to yield statistically reliable
23 information or when the results would reveal personally
24 identifiable information about an individual, or would re-
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1 veal such information when combined with other released
2 information.
3 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
4 are authorized to be appropriated to carry out this sec-
5 tion—
6 ‘‘(1) $40,000,000 for fiscal year 2023;
7 ‘‘(2) $35,000,000 for fiscal year 2024;
8 ‘‘(3) $30,000,000 for fiscal year 2025;
9 ‘‘(4) $25,000,000 for fiscal year 2026;
10 ‘‘(5) $20,000,000 for fiscal year 2027; and
11 ‘‘(6) $15,000,000 for fiscal year 2028.
12 ‘‘(g) DEFINITION.—In this section, the term ‘State’
13 has the meaning given the term in section 3, except such
14 term also includes each of the outlying areas (as defined
15 in section 3).’’.
16 SEC. 281. IMPROVING APPROACHES FOR COMMUNITIES TO
17 THRIVE (IMPACT) GRANTS.
18 Subtitle D of title I (29 U.S.C. 3221 et seq.), as
19 amended by this Act, is further amended by inserting after
20 section 175, as added by the preceding section, the fol-
21 lowing:
22 ‘‘SEC. 176. IMPROVING APPROACHES FOR COMMUNITIES TO
23 THRIVE (IMPACT) GRANTS.
24 ‘‘(a) IN GENERAL.—The Secretary shall award, on
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25 a competitive basis, grants to local boards described in
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1 subsection (c) for summer or year-round programs author-
2 ized under section 130 for opportunity youth in commu-
3 nities disproportionately affected by gun violence for the
4 purposes of connecting opportunity youth to in-demand in-
5 dustry sectors or occupations.
6 ‘‘(b) AWARD PERIODS.—The Secretary shall award
7 grants under this section for an initial period of not more
8 than 4 years, and may renew such awards for additional
9 4-year periods.
10 ‘‘(c) SELECTION CRITERIA.—In awarding funds
11 under this section, the Secretary shall award grants to
12 local boards serving local areas that—
13 ‘‘(1) for not less than 2 out of the 3 calendar
14 years preceding the date on which an application for
15 a grant under this section is submitted—
16 ‘‘(A) have experienced 35 or more homi-
17 cides per year; or
18 ‘‘(B) have experienced 20 or more homi-
19 cides per year and had a homicide rate that was
20 not less than double the national average; or
21 ‘‘(2) have a compelling need to address commu-
22 nity violence, as determined by the Secretary, based
23 on high levels of homicide relative to other local
24 areas within the same State.
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1 ‘‘(d) PARTNERSHIPS.—In carrying out the activities
2 funded under a grant under this section, a local board may
3 partner with—
4 ‘‘(1) a community-based, nonprofit organization
5 that—
6 ‘‘(A) serves the residents served by a unit
7 of general local government;
8 ‘‘(B) has a track record of providing work-
9 force development activities for individuals with
10 barriers to employment;
11 ‘‘(C) focuses on training competencies and
12 skills to prepare opportunity youth for in-de-
13 mand sectors and occupations; and
14 ‘‘(D) provides—
15 ‘‘(i) training for opportunity youth
16 with foundational skill needs; and
17 ‘‘(ii) soft skills training that enables
18 opportunity youth to engage successfully in
19 work culture;
20 ‘‘(2) an Indian Tribe or an agency primarily
21 serving Native Americans;
22 ‘‘(3) an entity that carries out activities author-
23 ized in this Act that has a focus on opportunity
24 youth;
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25 ‘‘(4) an apprenticeship program;
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1 ‘‘(5) a community college (as defined in section
2 172(i)(1)); or
3 ‘‘(6) a unit of general local government.
4 ‘‘(e) REPORTING.—Each local board receiving a
5 grant under this section shall submit a performance report
6 to the Secretary that, with respect to the program funded
7 by such grant, identifies the levels of performance achieved
8 on the performance metrics listed in section 130(d).
9 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—To
10 carry out this section, there are authorized to be appro-
11 priated such sums as may be necessary for each fiscal
12 years 2023 through 2028.’’.
13 SEC. 282. AUTHORIZATION OF APPROPRIATIONS.
14 Section 177 (as redesignated by section 277), is
15 amended to read as follows:
16 ‘‘SEC. 177. AUTHORIZATION OF APPROPRIATIONS.
17 ‘‘(a) NATIVE AMERICAN PROGRAMS.—There are au-
18 thorized to be appropriated to carry out section 166 (not
19 including subsection (k) of such section)—
20 ‘‘(1) $66,400,000 for fiscal year 2023;
21 ‘‘(2) $73,000,000 for fiscal year 2024;
22 ‘‘(3) $80,300,000 for fiscal year 2025;
23 ‘‘(4) $88,300,000 for fiscal year 2026;
24 ‘‘(5) $97,100,000 for fiscal year 2027; and
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25 ‘‘(6) $106,800,000 for fiscal year 2028.
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1 ‘‘(b) MIGRANT AND SEASONAL FARMWORKER PRO-
2 GRAMS.—There are authorized to be appropriated to carry
3 out section 167—
4 ‘‘(1) $109,100,000 for fiscal year 2023;
5 ‘‘(2) $114,600,000 for fiscal year 2024;
6 ‘‘(3) $120,300,000 for fiscal year 2025;
7 ‘‘(4) $126,300,000 for fiscal year 2026;
8 ‘‘(5) $132,600,000 for fiscal year 2027; and
9 ‘‘(6) $139,200,000 for fiscal year 2028.
10 ‘‘(c) TECHNICAL ASSISTANCE.—There are authorized
11 to be appropriated to carry out section 168—
12 ‘‘(1) $3,600,000 for fiscal year 2023;
13 ‘‘(2) $3,800,000 for fiscal year 2024;
14 ‘‘(3) $4,000,000 for fiscal year 2025;
15 ‘‘(4) $4,200,000 for fiscal year 2026;
16 ‘‘(5) $4,400,000 for fiscal year 2027; and
17 ‘‘(6) $4,600,000 for fiscal year 2028.
18 ‘‘(d) EVALUATIONS AND RESEARCH.—There are au-
19 thorized to be appropriated to carry out section 169—
20 ‘‘(1) $116,700,000 for fiscal year 2023;
21 ‘‘(2) $122,500,000 for fiscal year 2024;
22 ‘‘(3) $128,600,000 for fiscal year 2025;
23 ‘‘(4) $135,000,000 for fiscal year 2026;
24 ‘‘(5) $141,800,000 for fiscal year 2027; and
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25 ‘‘(6) $148,900,000 for fiscal year 2028.’’.
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1 SEC. 283. NATIONAL STUDY OF FEDERAL PROGRAM ACCESS
2 FOR JOB-SEEKERS.
3 Section 169(b)(4) of the Workforce Innovation and
4 Opportunity Act (29 U.S.C. 3224(b)(4)) is amended—
5 (1) by redesignating subparagraph (K) as sub-
6 paragraph (L); and
7 (2) by inserting after subparagraph (J) the fol-
8 lowing:
9 ‘‘(K) The Secretary of Labor shall conduct
10 a study on Federal, State, and local efforts to
11 improve accessibility of Federal programs for
12 eligible job seekers. Such study shall include an
13 analysis of the following:
14 ‘‘(i) Past and current efforts in the
15 United States, including at the State and
16 local level, to improve accessibility of pro-
17 grams through benefit interoperability and
18 categorical eligibility initiatives, including
19 with respect to the following kinds of bene-
20 fits: job training, tuition assistance, nutri-
21 tion, housing, heating and energy, transit,
22 transportation, and healthcare.
23 ‘‘(ii) The connection between a job-
24 seekers’ access to such programs and their
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25 short and long-term economic self-suffi-
26 ciency.
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1 ‘‘(iii) Information on which kinds of
2 benefits most quickly lead to increased eco-
3 nomic self-sufficiency for jobseekers.
4 ‘‘(iv) Challenges in existing programs
5 for jobseekers to attain economic self-suffi-
6 ciency, including the impact of a reduction
7 in benefits before economic self-sufficiency
8 is attained.
9 ‘‘(v) Recommendations on improving
10 Federal programs to better ensure job-
11 seekers attain economic self-sufficiency.’’.
12 Subtitle E—Administration
13 SEC. 291. LABOR STANDARDS.
14 Section 181(b) (29 U.S.C. 3241(b)) is amended by
15 adding at the end the following:
16 ‘‘(8) PROVISION OF INFORMATION ON WORKER
17 RIGHTS.—Any participant receiving training under
18 this title shall be provided information on—
19 ‘‘(A) wages and hours, including under the
20 Fair Labor Standards Act of 1938 (29 U.S.C.
21 201 et seq.);
22 ‘‘(B) safe working conditions, including
23 under the Occupational Safety and Health Act
24 of 1970 (29 10 U.S.C. 651 et seq.);
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1 ‘‘(C) forming, joining, or assisting a labor
2 organization, including under the National
3 Labor Relations Act (29 U.S.C. 153 et seq.);
4 and
5 ‘‘(D) other applicable terms and conditions
6 of employment, and relevant Federal and State
7 laws (including regulations) on employment
8 rights.’’.
9 SEC. 292. NONDISCRIMINATION.
10 Section 188 (29 U.S.C. 3248) is amended—
11 (1) in subsection (a)(5), by adding at the end
12 the following: ‘‘Provided that it shall not be a viola-
13 tion of this paragraph to exclude any individual from
14 participation or employment in programs or activi-
15 ties receiving Federal financial assistance where
16 such participation or employment, or access to the
17 premises upon which any part of such program, ac-
18 tivity, or employment is performed, is subject to any
19 requirements imposed in the interest of the national
20 security of the United States under any security pro-
21 gram in effect pursuant to or administered under
22 any statute or regulation of the United States, Exec-
23 utive order of the President, or other Federal con-
24 tractual requirement, and such individual does not
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25 meet such requirements.’’; and
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1 (4) in subsection (e) is amended by striking
2 ‘‘Workforce Innovation and Opportunity Act’’ and
3 inserting ‘‘Workforce Innovation and Opportunity
4 Act of 2022’’.
5 SEC. 293. SECRETARIAL ADMINISTRATIVE AUTHORITIES
6 AND RESPONSIBILITIES.
7 Section 189 (29 U.S.C. 3249) is amended—
8 (1) in subsection (d), by striking ‘‘the Work-
9 force’’ and inserting ‘‘Labor’’;
10 (2) in subsection (g)(2)(B)(ii), by striking ‘‘sub-
11 section (a) or (b) of section 169 (relating to evalua-
12 tions, research projects, studies and reports, and
13 multistate projects)’’ and inserting ‘‘subsection (a),
14 (b), or (c) of section 169 relating to evaluations, re-
15 search projects, studies and reports, multistate
16 projects, and the workforce development innovation
17 fund’’;
18 (3) by striking subsection (h);
19 (4) by redesignating subsection (i) as subsection
20 (h); and
21 (5) by amending paragraph (3)(A)(ii) of sub-
22 section (h) (as so redesignated) to read as follows:
23 ‘‘(ii) any of the statutory or regu-
24 latory requirements of the Wagner-Peyser
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25 Act (29 U.S.C. 49 et seq.) (excluding re-
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1 quirements relating to the provision of
2 services to unemployment insurance claim-
3 ants and veterans, the provision of employ-
4 ment services by public employees under a
5 merit system, the colocation of employment
6 service offices with one-stop centers, the
7 designation of a cooperating State agency,
8 and requirements relating to universal ac-
9 cess to basic labor exchange services with-
10 out cost to jobseekers).’’.
11 SEC. 294. GUARD RAILS FOR PROGRAM INTEGRITY.
12 Section 194 (29 U.S.C. 3254) is amended by adding
13 at the end the following:
14 ‘‘(16) An institution of higher education that is
15 a proprietary institution of higher education (as de-
16 fined in section 102(a)(1)(A) of the Higher Edu-
17 cation Act of 1965 (20 U.S.C. 1002(a)(1)(A)) may
18 not be—
19 ‘‘(A) designated or certified as a one-stop
20 operator under section 121(d), or awarded
21 funds under this title to operate a one-stop cen-
22 ter; or
23 ‘‘(B) appointed to a State board or local
24 board under section 101 or 107, respectively.’’.
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1 TITLE III—ADULT EDUCATION
2 AND FAMILY LITERACY
3 SEC. 301. FAMILY LITERACY.
4 The heading of title II of the Workforce Innovation
5 and Opportunity Act (29 U.S.C. 3271 et seq.) is amended
6 by inserting ‘‘FAMILY’’ before ‘‘LITERACY’’.
7 SEC. 302. PURPOSE.
8 Section 202 (29 U.S.C. 3271) is amended—
9 (1) in the matter preceding paragraph (1), by
10 inserting ‘‘family’’ before ‘‘literacy activities’’;
11 (2) by amending paragraph (1) to read as fol-
12 lows:
13 ‘‘(1) assist adults to become literate and obtain
14 the knowledge and skills (including digital skills)
15 necessary for employment, economic self-sufficiency,
16 and full participation in all aspects of adult life;’’;
17 and
18 (3) in paragraph (4)(A)—
19 (A) in clause (i), by striking ‘‘and’’ at the
20 end; and
21 (B) by inserting after clause (ii) the fol-
22 lowing:
23 ‘‘(iii) digital skills; and’’.
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24 SEC. 303. DEFINITIONS.
25 Section 203 (29 U.S.C. 3272) is amended—
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1 (1) in paragraph (1)—
2 (A) in subparagraph (B), by striking
3 ‘‘and’’ at the end;
4 (B) by redesignating subparagraph (C) as
5 subparagraph (D); and
6 (C) by inserting after subparagraph (B)
7 the following:
8 ‘‘(C) develop and use digitial technology
9 skills; and’’;
10 (2) in paragraph (2), by inserting ‘‘, digital
11 skills activities offered in conjunction with other
12 adult education and literacy activities’’ after ‘‘family
13 literacy activities’’;
14 (3) in paragraph (3), by inserting ‘‘family’’ be-
15 fore ‘‘literacy activities’’;
16 (4) in paragraph (4)(C)—
17 (A) in clause (i), by striking ‘‘is basic skills
18 deficient’’ and inserting ‘‘has foundational
19 skills’ ’’; and
20 (B) in clause (iii), by striking ‘‘language’’;
21 (5) in paragraph (6)(A), by striking ‘‘language’’
22 in the first place it appears;
23 (6) in paragraph (7)—
24 (A) in the heading, by striking ‘‘LAN-
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25 GUAGE’’; and
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1 (B) in the matter preceding subparagraph
2 (A), by striking ‘‘English language learner’’ and
3 inserting ‘‘English learner’’;
4 (7) in paragraph (9)—
5 (A) in the matter preceding subparagraph
6 (A), by striking ‘‘economic prospects’’ and in-
7 serting ‘‘economic and educational prospects’’;
8 and
9 (B) by adding at the end the following:
10 ‘‘(E) Digital literacy activities to enable
11 parents or family members to develop and use
12 digital literacy skills to support their children’s
13 learning.’’;
14 (8) by amending paragraph (11) to read as fol-
15 lows:
16 ‘‘(11) INTEGRATED EDUCATION AND TRAIN-
17 ING.—The term ‘integrated education and training’
18 means a service approach that provides adult edu-
19 cation and family literacy activities concurrently and
20 contextually with workforce preparation activities
21 and workforce training for a specific high-wage, high
22 demand occupation or occupational cluster (includ-
23 ing, as appropriate, for apprenticeship and pre-ap-
24 prenticeship programs) for the purpose of edu-
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25 cational and career advancement.’’;
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1 (9) by amending paragraph (12) to read as fol-
2 lows:
3 ‘‘(12) INTEGRATED ENGLISH LITERACY AND
4 CIVICS EDUCATION.—The term ‘integrated English
5 literacy and civics education’ means instruction in
6 literacy and English and other education services
7 provided to English language learners who are
8 adults, including professionals with degrees and cre-
9 dentials in their native countries—
10 ‘‘(A) that enables such adults—
11 ‘‘(i) to achieve competency in the
12 English language;
13 ‘‘(ii) to build knowledge of United
14 States history and civics;
15 ‘‘(iii) to prepare for United States
16 citizenship and the naturalization process;
17 ‘‘(iv) to use digital technology at levels
18 of proficiency necessary to function effec-
19 tively as a worker, a parent or a family
20 member, and a member of society;
21 ‘‘(v) to apply for Federal and other
22 student financial aid and enroll in postsec-
23 ondary education or other further learning;
24 and
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1 ‘‘(vi) to locate and apply for registered
2 apprenticeship or pre-apprenticeship pro-
3 grams; and
4 ‘‘(B) which may include—
5 ‘‘(i) preparation for a high school
6 equivalency diploma or postsecondary
7 training or education;
8 ‘‘(ii) preparation for employment;
9 ‘‘(iii) preparation for apprenticeship
10 or pre-apprenticeship programs, or the
11 provision of information regarding where
12 to acquire that preparation; or
13 ‘‘(iv) instruction in—
14 ‘‘(I) navigating the early child-
15 hood, elementary and secondary, and
16 postsecondary education systems;
17 ‘‘(II) financial literacy;
18 ‘‘(III) the housing market in the
19 United States; or
20 ‘‘(IV) accessing Federal, State,
21 and local health care systems.’’;
22 (10) in paragraph (13) by striking ‘‘and solve
23 problems,’’ and all that follows through the period at
24 the end and inserting ‘‘solve problems, and use dig-
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1 function effectively as an employee, a parent or a
2 family member, and a member of society.’’;
3 (11) by redesignating paragraphs (16) and (17)
4 as paragraphs (17) and (18), respectively;
5 (12) by inserting after paragraph (15), the fol-
6 lowing:
7 ‘‘(16) UNIVERSAL DESIGN FOR LEARNING.—
8 The term ‘universal design for learning’ has the
9 meaning given the term in section 103 of the Higher
10 Education Act of 1965 (20 U.S.C. 1003).’’; and
11 (13) in paragraph (18), as redesignated by
12 paragraph (9)—
13 (A) by striking ‘‘using information’’ and
14 inserting ‘‘using and acquiring information’’;
15 and
16 (B) by striking ‘‘education or training’’
17 and inserting ‘‘education or training (including
18 registered apprenticeship and pre-apprentice-
19 ship programs)’’.
20 SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
21 Section 206 (29 U.S.C. 3275) is amended by striking
22 ‘‘$577,667,000 for fiscal year 2015’’ and all that follows
23 through the period at the end and inserting
24 ‘‘$785,100,000 for fiscal year 2023, $824,400,000 for fis-
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25 cal year 2024, $865,600,000 for fiscal year 2025,
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1 $908,900,000 for fiscal year 2026, $954,300,000 for fis-
2 cal year 2027, and $1,002,000,000 for fiscal year 2028.’’.
3 SEC. 305. PERFORMANCE ACCOUNTABILITY SYSTEM.
4 Section 212 (29 U.S.C. 3292) is amended to read as
5 follows:
6 ‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM.
7 ‘‘(a) IN GENERAL.—Programs and activities author-
8 ized in this title are subject to the performance account-
9 ability provisions described in section 116.
10 ‘‘(b) INNOVATIVE PERFORMANCE ACCOUNTABILITY
11 SYSTEM DEMONSTRATION PROGRAM.—
12 ‘‘(1) IN GENERAL.—The Secretary may author-
13 ize one or more eligible entities to implement (as an
14 alternative to meeting the requirements of section
15 116) an innovative performance accountability sys-
16 tem that uses alternative primary indicators of per-
17 formance that reflect the objectives and activities of
18 the entity’s adult education and family literacy pro-
19 grams and measure the attainment of the education
20 and employment goals of the participants in such
21 programs. The innovative performance accountability
22 system may include—
23 ‘‘(A) performance indicators attained while
24 an individual is enrolled in an adult education
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25 and family literacy program; and
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1 ‘‘(B) performance indicators attained after
2 an individual exits such a program.
3 ‘‘(2) DEMONSTRATION PERIOD.—
4 ‘‘(A) IN GENERAL.—Except as provided in
5 subparagraph (B), the period during which an
6 eligible entity may carry out an innovative ac-
7 countability system authorized under this sub-
8 section shall be a period determined by the Sec-
9 retary that does not exceed five years.
10 ‘‘(B) EXTENSION.—The Secretary may ex-
11 tend, by up to one year, the demonstration pe-
12 riod determined under subparagraph (A) for an
13 eligible entity if—
14 ‘‘(i) the Secretary determines that the
15 innovative accountability system imple-
16 mented by the entity is successfully meet-
17 ing the objectives of this subsection; and
18 ‘‘(ii) the total period during which the
19 entity implements such system under the
20 demonstration program, inclusive of such
21 extension, does not exceed six years.
22 ‘‘(3) APPLICATION.—
23 ‘‘(A) IN GENERAL.—Subject to subpara-
24 graph (C), an eligible entity that seeks author-
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25 ization to implement an innovative performance
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1 accountability system under this subsection
2 shall submit to the Secretary an application at
3 such time, in such manner, and containing such
4 information as the Secretary may require.
5 ‘‘(B) CONTENTS.—At a minimum, each
6 application under this paragraph shall in-
7 clude—
8 ‘‘(i) a description of the objectives of
9 the innovative performance accountability
10 system proposed by the eligible entity;
11 ‘‘(ii) a description of such account-
12 ability system, including a description of
13 the performance indicators to be used;
14 ‘‘(iii) the duration of the period over
15 which the entity intends to carry out the
16 proposed accountability system;
17 ‘‘(iv) an explanation of why the entity
18 believes the alternative indicators of per-
19 formance proposed by the entity would
20 more accurately measure the attainment of
21 the objectives of the entity’s adult edu-
22 cation and family literacy programs com-
23 pared to the indicators of performance de-
24 scribed in section 116(b)(2)(A)(i);
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1 ‘‘(v) an explanation of how the pro-
2 posed performance indicators are expected
3 to provide a valid and reliable measure-
4 ment of the effectiveness of the entity’s
5 adult education and family literacy pro-
6 grams with respect to the individuals
7 served by such programs;
8 ‘‘(vi) a description of how the entity
9 will report to the Secretary and make pub-
10 licly available the proposed indicators of
11 performance on a timely basis;
12 ‘‘(vii) an assurance that the entity will
13 prepare and submit the final report re-
14 quired under paragraph (4); and
15 ‘‘(viii) a description of how the inno-
16 vative accountability system may be rel-
17 evant to and replicated by States and out-
18 lying areas.
19 ‘‘(C) REVIEW OF CERTAIN APPLICA-
20 TIONS.—In a case in which an eligible entity
21 that is a consortium of eligible providers seeks
22 authorization to implement an innovative per-
23 formance accountability system under this sub-
24 section—
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1 ‘‘(i) the consortium shall submit the
2 application described in subparagraph (A)
3 to the eligible agency of the State or out-
4 lying area in which the consortium intends
5 to implement the system;
6 ‘‘(ii) the eligible agency shall review
7 the application; and
8 ‘‘(iii) if the eligible agency approves
9 the application, the agency shall forward
10 the application to the Secretary together
11 with any comments of the agency regard-
12 ing the content of the application.
13 ‘‘(4) PROGRESS REPORT.—
14 ‘‘(A) IN GENERAL.—Not later than 180
15 days before the end of the initial demonstration
16 period applicable to an eligible entity under
17 paragraph (2)(A), and before the Secretary au-
18 thorizes any extension of the demonstration pe-
19 riod under paragraph (2)(B) for such entity,
20 the eligible entity shall submit to the Secretary
21 a report on the initial progress (in this para-
22 graph referred to as the ‘progress report’) of
23 the innovative accountability system imple-
24 mented by the eligible entity under this section.
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1 ‘‘(B) ELEMENTS.—The progress report
2 under subparagraph (A) shall be based on the
3 annual information submitted by participating
4 local providers and shall include an assessment
5 of the following:
6 ‘‘(i) The burden placed on the local
7 programs to implement and carry out the
8 innovative accountability system.
9 ‘‘(ii) Whether and to what extent—
10 ‘‘(I) the eligible entity has solic-
11 ited feedback from local program di-
12 rectors and instructors about their
13 satisfaction with the innovative ac-
14 countability system;
15 ‘‘(II) local program instructors
16 and directors have demonstrated a
17 commitment and capacity to imple-
18 ment or continue to implement the
19 system;
20 ‘‘(III) the system was used to
21 measure the performance indicators
22 for all students participating in the
23 system; and
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1 ‘‘(IV) the innovative account-
2 ability system can be used across
3 States.
4 ‘‘(C) PEER REVIEW.—
5 ‘‘(i) IN GENERAL.—The eligible entity
6 shall conduct a peer review of the innova-
7 tive performance accountability system im-
8 plemented by the eligible entity under this
9 section.
10 ‘‘(ii) PEER REVIEW TEAM.—For pur-
11 poses of conducting the peer review under
12 clause (i), the eligible entity shall assemble
13 a team of subject matter experts who—
14 ‘‘(I) are knowledgeable about in-
15 novative accountability systems; and
16 ‘‘(II) have demonstrated experi-
17 ence developing and implementing
18 such systems.
19 ‘‘(iii) METHODOLOGY.—The method-
20 ology of the peer review shall meet require-
21 ments to be jointly established by the Sec-
22 retary of Labor and Secretary of Edu-
23 cation.
24 ‘‘(iv) ELEMENTS.—The peer review
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1 novative accountability system includes pri-
2 mary indicators that reflect the objectives
3 and activities of the State’s adult edu-
4 cation and family literacy programs.
5 ‘‘(D) COMMENTS.—The eligible entity shall
6 provide a response to the findings of the
7 progress report.
8 ‘‘(E) PUBLIC AVAILABILITY.—The
9 progress report under this paragraph, including
10 any comments provided under subparagraph
11 (D), shall be made available on a publicly acces-
12 sible website of the eligible entity.
13 ‘‘(5) FINAL REPORT.—Not later than one year
14 after the conclusion of the demonstration period ap-
15 plicable to an eligible entity under paragraph (2),
16 the entity shall submit to the Secretary a report on
17 the results of the innovative performance account-
18 ability system implemented by the entity under this
19 subsection. Each such report shall include the enti-
20 ty’s assessment of whether, and to what extent, the
21 innovative performance accountability system
22 achieved its objectives.
23 ‘‘(6) DEVELOPMENT AND DISSEMINATION OF
24 BEST PRACTICES.—The Secretary shall—
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1 ‘‘(A) based on the results of the dem-
2 onstration programs authorized under this sub-
3 section and in consultation with the Director of
4 the Institute of Education Sciences and the
5 Secretary of Labor, identify best practices for
6 the development and implementation of innova-
7 tive performance accountability systems; and
8 ‘‘(B) disseminate information on those
9 practices, including by making such information
10 available on a publicly accessible website of the
11 Department of Education.
12 ‘‘(7) ELIGIBLE ENTITY DEFINED.—In this sub-
13 section, the term ‘eligible entity’ means—
14 ‘‘(A) an eligible agency;
15 ‘‘(B) a consortium of eligible agencies; or
16 ‘‘(C) a consortium of eligible providers
17 within a State or outlying area.’’.
18 SEC. 306. STATE DISTRIBUTION OF FUNDS; MATCHING RE-
19 QUIREMENT.
20 Section 222(b) (29 U.S.C. 3302(b)) is amended by
21 adding at the end the following:
22 ‘‘(3) PUBLIC AVAILABILITY OF INFORMATION
23 ON MATCHING FUNDS.—Each eligible agency shall
24 maintain, on a publicly accessible website of such
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1 tion documenting the non-Federal contributions
2 made available to adult education and family literacy
3 programs pursuant to this subsection, including—
4 ‘‘(A) the sources of such contributions; and
5 ‘‘(B) in the case of funds made available
6 by a State or outlying area, an explanation of
7 how such funds are distributed to eligible pro-
8 viders.’’
9 SEC. 307. STATE LEADERSHIP ACTIVITIES.
10 Section 223(a) (29 U.S.C. 3303(a)) is amended—
11 (1) in paragraph (1)(C)—
12 (A) by amending clause (ii) to read as fol-
13 lows:
14 ‘‘(ii) the role of eligible providers as a
15 one-stop partner to provide access to em-
16 ployment, education (including apprentice-
17 ship and pre-apprenticeship programs),
18 and training services;’’;
19 (B) in clause (iii), by striking the period at
20 the end and inserting ‘‘; and’’; and
21 (C) by adding at the end the following:
22 ‘‘(iv) assistance for students to be
23 able to locate and apply for apprenticeship
24 and pre-apprenticeship programs.’’; and
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25 (2) in paragraph (2)—
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1 (A) in subparagraph (J), by striking the
2 period at the end and inserting ‘‘, such as the
3 development and maintenance of policies for the
4 credentialing of adult educators who dem-
5 onstrate effectiveness.’’;
6 (B) in subparagraph (K), by striking
7 ‘‘English language learners’’ and inserting
8 ‘‘English learners’’;
9 (C) by redesignating subparagraph (M) as
10 subparagraph (N); and
11 (D) by inserting after subparagraph (L)
12 the following:
13 ‘‘(M) Strengthening the quality of adult
14 education and family literacy programs in the
15 State through support for improved credentials,
16 program quality standards, and certification
17 and accreditation requirements.’’.
18 SEC. 308. GRANTS AND CONTRACTS FOR ELIGIBLE PRO-
19 VIDERS.
20 (a) ENGLISH LEARNER.—Section 231(e)(1)(B)(ii)
21 (29 U.S.C. 3321(e)(1)(B)(ii)) is amended by striking
22 ‘‘language’’.
23 (b) BEST PRACTICES.—Section 231(e)(6) (29 U.S.C.
24 3321(e)(6)) is amended by striking ‘‘including scientif-
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25 ically valid research and effective educational practice’’
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1 and inserting ‘‘including the application of the principles
2 of universal design for learning, scientifically valid re-
3 search, and effective educational practice’’.
4 SEC. 309. LOCAL ADMINISTRATIVE COST LIMITS.
5 Section 233(a) (29 U.S.C. 3323(a)) is amended—
6 (1) in paragraph (1), by striking ‘‘95 percent’’
7 and inserting ‘‘85 percent’’; and
8 (2) by amending paragraph (2) to read as fol-
9 lows:
10 ‘‘(2) of the remaining amount—
11 ‘‘(A) not more than 10 percent may be
12 used for professional development for adult edu-
13 cators; and
14 ‘‘(B) not more than 5 percent may be used
15 for planning, administration (including carrying
16 out the requirements of section 116), and the
17 activities described in paragraphs (3) and (5) of
18 section 232.’’.
19 SEC. 310. ADMINISTRATIVE PROVISIONS.
20 Section 241 (29 U.S.C. 3331) is amended by adding
21 at the end the following new section:
22 ‘‘(c) PROMPT ALLOCATION OF FUNDS.—Funds shall
23 be made available under section 211 for an eligible agency
24 not later than 30 days after the eligible agency has a uni-
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25 fied State plan approved under section 102 or a combined
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1 State plan approved under section 103 (as the case may
2 be).’’.
3 SEC. 311. NATIONAL LEADERSHIP ACTIVITIES.
4 Section 242 (29 U.S.C. 3332) is amended—
5 (1) by amending paragraph (1) of subsection
6 (b) to read as follows:
7 ‘‘(1) assistance to help States meet the require-
8 ments of section 116, including assistance to ensure
9 that—
10 ‘‘(A) the outcomes and other data required
11 pursuant to that section are collected and re-
12 ported in a timely and accessible manner; and
13 ‘‘(B) such data are reported consistently
14 across States and eligible providers and are re-
15 viewed for quality and consistency by the De-
16 partment of Education;’’;
17 (2) in subsection (c)—
18 (A) in paragraph (1)—
19 (i) in subparagraph (B), by striking
20 ‘‘English language learners’’ and inserting
21 ‘‘English learners’’;
22 (ii) by striking ‘‘and’’ at the end of
23 subparagraph (C);
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1 (iii) in subparagraph (D), by striking
2 the period at the end and inserting ‘‘;
3 and’’; and
4 (iv) by adding at the end the fol-
5 lowing:
6 ‘‘(E) assistance in the dissemination or
7 provision of information for apprenticeship and
8 pre-apprenticeship programs.’’; and
9 (B) in paragraph (2)—
10 (i) in subparagraph (C)(vii)(I), by
11 striking ‘‘language’’;
12 (ii) in subparagraph (F), by striking
13 ‘‘and’’ at the end;
14 (iii) by redesignating subparagraph
15 (G) as subparagraph (L); and
16 (iv) by inserting after subparagraph
17 (F) the following:
18 ‘‘(G) developing and rigorously evaluating
19 model programs for the preparation of effective
20 adult educators;
21 ‘‘(H) carrying out initiatives to support the
22 professionalization of adult education through—
23 ‘‘(i) the creation and implementation
24 of full-time staffing models; and
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1 ‘‘(ii) improved credentials, program
2 quality standards, and certification and ac-
3 creditation requirements that States may
4 adopt on a voluntary basis;
5 ‘‘(I) carrying out initiatives to support the
6 professionalization of adult education through
7 the creation and implementation of full-time
8 staffing models;
9 ‘‘(J) providing professional development
10 and technical assistance to adult educators;
11 ‘‘(K) incorporating the principles of uni-
12 versal design for learning for any activity car-
13 ried out under subsection (b); and’’.
14 SEC. 312. INTEGRATED ENGLISH LITERACY AND CIVICS
15 EDUCATION.
16 Section 243 (29 U.S.C. 3333) is amended—
17 (1) by amending subsection (a) to read as fol-
18 lows:
19 ‘‘(a) IN GENERAL.—From funds made available
20 under section 211(a)(2) for each fiscal year, the Secretary
21 shall award grants to States, from allotments under sub-
22 section (b), for integrated English literacy and civics edu-
23 cation, and workforce preparation activities, workplace
24 adult education and family literacy activities, apprentice-
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1 cation and training activities, work-based learning, or
2 other workforce development services.’’;
3 (2) in subsection (c)—
4 (A) in paragraph (1)—
5 (i) by striking ‘‘English language
6 learners’’ and inserting ‘‘English learners’’;
7 and
8 (ii) by striking ‘‘, and place such
9 adults in,’’; and
10 (B) in paragraph (2), by inserting before
11 the period the following: ‘‘, including the identi-
12 fication of in-demand industries and the place-
13 ment of adult English learners in unsubsidized
14 employment within these industries’’; and
15 (3) by adding at the end the following:
16 ‘‘(e) STATE DEFINED.—In this section, the term
17 ‘State’ has the meaning given the term in section 3, except
18 that such term also includes each of the outlying areas
19 (as defined in section 3).’’.
20 SEC. 313. TECHNICAL CORRECTIONS TO OTHER LAWS.
21 Section 9215(c) of the Every Student Succeeds Act
22 (Public Law 114–95) is amended—
23 (1) in the subsection heading, by striking
24 ‘‘ADULT EDUCATION AND LITERACY ACT’’ and in-
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1 serting ‘‘ADULT EDUCATION AND FAMILY LITERACY
2 ACT’’; and
3 (2) by striking ‘‘the Adult Education and Lit-
4 eracy Act’’ and inserting ‘‘the Adult Education and
5 Family Literacy Act’’.
6 TITLE IV—GENERAL
7 PROVISIONS
8 SEC. 401. PROHIBITION OF NATIONAL DATABASE MANAGE-
9 MENT.
10 Section 501(b) (29 U.S.C. 3341) is amended to read
11 as follows:
12 ‘‘(b) PROHIBITION OF NATIONAL DATABASE MAN-
13 AGEMENT.—Nothing in this Act (or the amendments to
14 other laws made by the Workforce Innovation and Oppor-
15 tunity Act of 2022) shall be construed to permit the devel-
16 opment, management, analysis, or maintenance by a pri-
17 vate entity (whether for-profit or non-profit) of a national
18 database of personally identifiable information of individ-
19 uals receiving services under title I, or the amendments
20 to other laws made by the Workforce Innovation and Op-
21 portunity Act of 2022.’’.
22 SEC. 402. ACCESSIBILITY.
23 Subtitle A of title V (29 U.S.C. 3341 et seq.) is fur-
24 ther amended by adding at the end the following:
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1 ‘‘SEC. 507. ACCESSIBILITY.
2 ‘‘Any uses of digital technology for the purpose of de-
3 livery of service under this Act shall ensure that the
4 website or electronic communication conform to Level AA
5 of the Web Content Accessibility Guidelines 2.0 of the
6 Web Accessibility Initiative (or any successor guide-
7 lines).’’.
8 SEC. 403. STEM EDUCATION FOR GIRLS AND WOMEN.
9 In carrying out the Workforce Innovation and Oppor-
10 tunity Act (as amended by this Act), the Secretary of
11 Labor shall—
12 (1) prioritize providing access for girls and
13 women to STEM education (science, technology, en-
14 gineering, and math); and
15 (2) ensure that educational institutions receiv-
16 ing assistance under such Act will engage in out-
17 reach and support services to girls and women to en-
18 courage their enrollment in, and successful comple-
19 tion of, STEM curricula.
20 SEC. 404. APPLICATIONS FROM HBCUS AND OTHER MINOR-
21 ITY-SERVING INSTITUTIONS.
22 In carrying out the Workforce Innovation and Oppor-
23 tunity Act (as amended by this Act), the Secretary of
24 Labor shall—
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25 (1) encourage HBCUs (historically Black col-
26 leges and universities), minority-serving institutions,
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1 and Tribally controlled colleges and universities to
2 apply for assistance under such Act to provide job
3 skills training and educational services; and
4 (2) prioritize applications for assistance from
5 such entities.
6 TITLE V—AMENDMENTS TO THE
7 WAGNER-PEYSER ACT
8 SEC. 501. INCLUSION OF COMMONWEALTH OF THE NORTH-
9 ERN MARIANA ISLANDS AND AMERICAN
10 SAMOA.
11 The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is
12 amended—
13 (1) in section 2(5) (29 U.S.C. 49a(5))—
14 (A) by striking ‘‘the Commonwealth of
15 Puerto Rico’’ and inserting ‘‘Puerto Rico’’; and
16 (B) by inserting ‘‘the Commonwealth of
17 the Northern Mariana Islands, American
18 Samoa,’’ after ‘‘Guam,’’;
19 (2) in section 5(b)(1) (29 U.S.C. 49d(b)(1)), by
20 inserting ‘‘the Commonwealth of the Northern Mar-
21 iana Islands, and American Samoa,’’ after ‘‘Guam,’’;
22 (3) in section 6(a) (29 U.S.C. 49e(a))—
23 (A) by inserting ‘‘, the Commonwealth of
24 the Northern Mariana Islands, and American
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25 Samoa’’ after ‘‘except for Guam’’;
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1 (B) by striking ‘‘allot to Guam’’ and in-
2 serting the following: ‘‘allot to—
3 ‘‘(1) Guam’’;
4 (C) by striking the period at the end and
5 inserting ‘‘; and’’; and
6 (D) by adding at the end the following:
7 ‘‘(2) the Commonwealth of the Northern Mar-
8 iana Islands and American Samoa an amount which,
9 in relation to the total amount available for the fis-
10 cal year, is equal to the allotment percentage that
11 Guam received of amounts available under this Act
12 in fiscal year 1983.’’; and
13 (4) in section 6(b)(1) (29 U.S.C. 49e(b)(1)), in
14 the matter following subparagraph (B), by inserting
15 ‘‘, the Commonwealth of the Northern Mariana Is-
16 lands, American Samoa,’’ after ‘‘does not include
17 Guam’’.
18 SEC. 502. MERIT SYSTEM EMPLOYEES.
19 Section 13 of the Wagner-Peyser Act (29 U.S.C. 49l)
20 is amended by adding at the end the following:
21 ‘‘(c) The employment services authorized under this
22 Act shall be performed by public employees under a merit
23 system.’’.
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1 SEC. 503. WORKFORCE AND LABOR MARKET INFORMATION
2 SYSTEM.
3 (a) PROCEDURES.—Section 15(b)(2)(F)(i) of the
4 Wagner-Peyser Act (29 U.S.C. 49l–2(b)(2)(F)(i)) is
5 amended by inserting before the semicolon at the end the
6 following: ‘‘, open, linked, and interoperable’’.
7 (b) AUTHORIZATION OF APPROPRIATIONS.—Section
8 15(g) of the Wagner-Peyser Act (29 U.S.C. 49l–2(g)) is
9 amended to read as follows:
10 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
11 are authorized to be appropriated to carry out this section
12 $74,400,000 for fiscal year 2023, $78,100,000 for fiscal
13 year 2024, $82,000,000 for fiscal year 2025, $86,100,000
14 for fiscal year 2026, $90,400,000 for fiscal year 2027, and
15 $94,900,000 for fiscal year 2028.’’.
16 TITLE VI—AMENDMENTS TO THE
17 REHABILITATION ACT OF 1973
18 SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
19 (a) STATE PLANS.—Paragraph (1) of section 100(b)
20 of the Rehabilitation Act of 1973 (29 U.S.C. 720(b)) is
21 amended to read as follows:
22 ‘‘(1) IN GENERAL.—For the purpose of making
23 grants to States under part B to assist States in
24 meeting the costs of vocational rehabilitation services
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25 provided in accordance with State plans under sec-
26 tion 101, there are authorized to be appropriated
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1 such sums as may be necessary for each of the fiscal
2 years 2023 through 2028, except that—
3 ‘‘(A) for fiscal year 2023 the amount to be
4 appropriated shall be not less than
5 $4,052,400,000; and
6 ‘‘(B) for fiscal year 2024 and each of the
7 succeeding fiscal years, the amount to be appro-
8 priated for such a fiscal year shall not be less
9 than the amount of the appropriation under
10 this paragraph for the immediately preceding
11 fiscal year, increased by the percentage change
12 in the Consumer Price Index determined under
13 subsection (c) for the immediately preceding fis-
14 cal year.’’.
15 (b) CLIENT ASSISTANCE PROGRAM.—Section 112(h)
16 of the Rehabilitation Act of 1973 (29 U.S.C. 732(h)) is
17 amended to read as follows:
18 ‘‘(h) There are authorized to be appropriated to carry
19 out the provisions of this section—
20 ‘‘(1) $15,507,800 for fiscal year 2023;
21 ‘‘(2) $16,283,190 for fiscal year 2024;
22 ‘‘(3) $17,097,350 for fiscal year 2025;
23 ‘‘(4) $17,952,217 for fiscal year 2026;
24 ‘‘(5) $18,849,828 for fiscal year 2027; and
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25 ‘‘(6) $19,792,319 for fiscal year 2028.’’.
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1 (c) RESEARCH AND TRAINING.—Section 201 of the
2 Rehabilitation Act of 1973 (29 U.S.C. 761) is amended
3 to read as follows:
4 ‘‘SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
5 ‘‘There are authorized to be appropriated to carry out
6 this title $134,357,300 for fiscal year 2023, $141,075,165
7 for fiscal year 2024, $148,128,923 for fiscal year 2025,
8 $155,535,369 for fiscal year 2026, $163,312,138 for fis-
9 cal year 2027, and $171,477,745 for fiscal year 2028.’’.
10 (d) TRAINING.—Section 302(i) of the Rehabilitation
11 Act of 1973 (29 U.S.C. 772(i)) is amended to read as
12 follows:
13 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There
14 are authorized to be appropriated to carry out this section
15 $43,494,001 for fiscal year 2023, $45,668,701 for fiscal
16 year 2024, $47,952,136 for fiscal year 2025, $50,349,743
17 for fiscal year 2026, $52,867,230 for fiscal year 2027, and
18 $55,510,592 for fiscal year 2028.’’.
19 (e) DEMONSTRATION AND TRAINING PROGRAMS.—
20 Section 303(e) of the Rehabilitation Act of 1973 (29
21 U.S.C. 773(e)) is amended to read as follows:
22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
23 purpose of carrying out this section there are authorized
24 to be appropriated $7,489,900 for fiscal year 2023,
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25 $7,864,395 for fiscal year 2024, $8,257,615 for fiscal year
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1 2025, $8,670,495 for fiscal year 2026, $9,104,020 for fis-
2 cal year 2027, and $9,559,221 for fiscal year 2028.’’.
3 (f) NATIONAL COUNCIL ON DISABILITY.—Section
4 405 of the Rehabilitation Act of 1973 (29 U.S.C. 785)
5 is amended to read as follows:
6 ‘‘SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
7 ‘‘There are authorized to be appropriated to carry out
8 this title $4,117,300 for fiscal year 2023, $4,323,165 for
9 fiscal year 2024, $4,539,323 for fiscal year 2025,
10 $4,766,289 for fiscal year 2026, $5,004,604 for fiscal year
11 2027, and $5,254,834 for fiscal year 2028.’’.
12 (g) ARCHITECTURAL AND TRANSPORTATION BAR-
13 RIERS COMPLIANCE BOARD.—Section 502(j) of the Reha-
14 bilitation Act of 1973 (29 U.S.C. 792(j)) is amended to
15 read as follows:
16 ‘‘(j) There are authorized to be appropriated for the
17 purpose of carrying out the duties and functions of the
18 Access Board under this section $10,835,000 for fiscal
19 year 2023, $11,376,750 for fiscal year 2024, $11,945,588
20 for fiscal year 2025, $12,542,867 for fiscal year 2026,
21 $13,170,010 for fiscal year 2027, and $13,828,511 for fis-
22 cal year 2028.’’.
23 (h) PROTECTION AND ADVOCACY OF INDIVIDUAL
24 RIGHTS.—Section 509(l) of the Rehabilitation Act of 1973
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25 (29 U.S.C. 794e(l)) is amended to read as follows:
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1 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There
2 are authorized to be appropriated to carry out this section
3 $22,808,500 for fiscal year 2023, $23,948,925 for fiscal
4 year 2024, $25,146,371 for fiscal year 2025, $26,403,690
5 for fiscal year 2026, $27,723,874 for fiscal year 2027, and
6 $29,110,068 for fiscal year 2028.’’.
7 (i) EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS
8 WITH DISABILITIES.—Section 610 of the Rehabilitation
9 Act of 1973 (29 U.S.C. 29 U.S.C. 795o) is amended to
10 read as follows:
11 ‘‘SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
12 ‘‘There is authorized to be appropriated to carry out
13 this title $35,599,300 for fiscal year 2023, $37,379,265
14 for fiscal year 2024, $39,248,228 for fiscal year 2025,
15 $41,210,640 for fiscal year 2026, $43,271,172 for fiscal
16 year 2027, and $45,434,730 for fiscal year 2028.’’.
17 (j) INDEPENDENT LIVING SERVICES.—Section 714
18 of the Rehabilitation Act of 1973 (29 U.S.C. 796e–3) is
19 amended to read as follows:
20 ‘‘SEC. 714. AUTHORIZATION OF APPROPRIATIONS.
21 ‘‘There are authorized to be appropriated to carry out
22 this part $29,564,700 for fiscal year 2023, $31,042,935
23 for fiscal year 2024, $32,595,082 for fiscal year 2025,
24 $34,224,836 for fiscal year 2026, $35,936,078 for fiscal
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25 year 2027, and $37,732,882 for fiscal year 2028.’’.
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1 (k) CENTERS FOR INDEPENDENT LIVING.—Section
2 727 of the Rehabilitation Act of 1973 (29 U.S.C. 796f–
3 6) is amended to read as follows:
4 ‘‘SEC. 727. AUTHORIZATION OF APPROPRIATIONS.
5 ‘‘There are authorized to be appropriated to carry out
6 this part $101,191,200 for fiscal year 2023, $106,250,760
7 for fiscal year 2024, $111,563,298 for fiscal year 2025,
8 $117,141,463 for fiscal year 2026, $122,998,536 for fis-
9 cal year 2027, and $129,148,463 for fiscal year 2028.’’.
10 (l) INDEPENDENT LIVING SERVICES FOR OLDER IN-
11 DIVIDUALS WHO ARE BLIND.—Section 753 of the Reha-
12 bilitation Act of 1973 (29 U.S.C. 796l) is amended to read
13 as follows:
14 ‘‘SEC. 753. AUTHORIZATION OF APPROPRIATIONS.
15 ‘‘There are authorized to be appropriated to carry out
16 this chapter $43,055,100 for fiscal year 2023,
17 $45,207,855 for fiscal year 2024, $47,468,248 for fiscal
18 year 2025, $49,841,660 for fiscal year 2026, $52,333,743
19 for fiscal year 2027, and $54,950,430 for fiscal year
20 2028.’’.
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1 TITLE VII—REPORT ON CHAL-
2 LENGES OF UNEMPLOYED
3 AND LOW-INCOME AMERICAN
4 INDIANS, ALASKA NATIVES,
5 AND NATIVE HAWAIIANS IN
6 LABOR MARKET
7 SEC. 701 REPORT ON CHALLENGES OF UNEMPLOYED AND
8 LOW-INCOME AMERICAN INDIANS, ALASKA
9 NATIVES, AND NATIVE HAWAIIANS IN LABOR
10 MARKET.
11 Not later than 180 days after the date of the enact-
12 ment of this Act, the Comptroller General of the United
13 States shall submit to Congress a report that—
14 (1) reviews the unique challenges that unem-
15 ployed and low-income American Indians, Alaska
16 Natives and Native Hawaiians face in the labor mar-
17 ket; and
18 (2) provides recommendations for improving
19 low-income American Indians, Alaska Natives and
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1 Native Hawaiians access to Federal employment and
2 training services.
Passed the House of Representatives May 17, 2022.
Attest: CHERYL L. JOHNSON,
Clerk.
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