Workforce Innovation and Opportunity Act of 2022
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This is House Report 117-321 of the 117th Congress, 2d Session, titled Workforce Innovation and Opportunity Act of 2022, from the Committee on Education and Labor, together with minority views, committed to the Committee of the Whole House on the State of the Union and ordered to be printed May 12, 2022. Mr. Scott of Virginia reports on H.R. 7309, to reauthorize the Workforce Innovation and Opportunity Act, which the Committee reports favorably with an amendment and recommends that the bill as amended do pass. The contents list sections on the purpose and summary, committee action, committee views, a section-by-section analysis, roll call votes, and minority views.
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“Workforce Innovation and Opportunity Act of 2022.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt321-crpt-117hrpt321/
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 117–321
WORKFORCE INNOVATION AND
OPPORTUNITY ACT OF 2022
R E P O R T
OF THE
COMMITTEE ON EDUCATION AND LABOR
TO ACCOMPANY
H.R. 7309
together with
MINORITY VIEWS
MAY 12, 2022.—Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
E:\Seals\Congress.#13
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WORKFORCE INNOVATION AND OPPORTUNITY ACT OF 2022
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 117–321
WORKFORCE INNOVATION AND
OPPORTUNITY ACT OF 2022
R E P O R T
OF THE
COMMITTEE ON EDUCATION AND LABOR
TO ACCOMPANY
H.R. 7309
together with
MINORITY VIEWS
MAY 12, 2022.—Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
U.S. GOVERNMENT PUBLISHING OFFICE
47–566 WASHINGTON : 2022
E:\Seals\Congress.#13
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 117–321
WORKFORCE INNOVATION AND OPPORTUNITY ACT OF
2022
MAY 12, 2022.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. SCOTT of Virginia, from the Committee on Education and
Labor, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7309]
The Committee on Education and Labor, to whom was referred
the bill (H.R. 7309) to reauthorize the Workforce Innovation and
Opportunity Act, having considered the same, reports favorably
thereon with an amendment and recommends that the bill as
amended do pass.
CONTENTS
Page
Purpose and Summary ............................................................................................ 67
Committee Action .................................................................................................... 68
Committee Views ..................................................................................................... 70
Section-by-Section Analysis .................................................................................... 99
Explanation of Amendments ................................................................................... 111
Application of Law to the Legislative Branch ....................................................... 111
Unfunded Mandate Statement ............................................................................... 111
Earmark Statement ................................................................................................. 111
Roll Call Votes ......................................................................................................... 111
Statement of Performance Goals and Objectives .................................................. 118
Duplication of Federal Programs ............................................................................ 118
Hearings ................................................................................................................... 118
Statement of Oversight Findings and Recommendations of the Committee ...... 119
New Budget Authority and CBO Cost Estimate ................................................... 119
Committee Cost Estimate ....................................................................................... 119
Changes in Existing Law Made by the Bill, as Reported ..................................... 119
Minority Views ......................................................................................................... 432
The amendment is as follows:
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Strike out all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Workforce Innovation and Opportunity Act of 2022’’.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or other provi-
sion of the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
SEC. 3. TRANSITION PROVISIONS.
(a) WORKFORCE DEVELOPMENT SYSTEMS AND INVESTMENT ACTIVITIES.—The Sec-
retary of Labor and the Secretary of Education shall take such actions as the Secre-
taries determine to be appropriate to provide for the orderly transition from any au-
thority under subtitle A of title I of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3111 et seq.), as in effect on the day before the date of enactment of this
Act, to any authority under subtitle A of title I of such Act (29 U.S.C. 3111 et seq.),
as amended by this Act. Such actions shall include the provision of guidance related
to unified State planning, combined State planning, and the performance account-
ability system described in such subtitle.
(b) WORKFORCE INVESTMENT ACTIVITIES.—The Secretary of Labor shall take such
actions as the Secretary determines to be appropriate to provide for the orderly
transition from any authority under the subtitles B through E of title I of the Work-
force Innovation and Opportunity Act (29 U.S.C. 3151 et seq.), as in effect on the
day before the date of enactment of this Act, to any authority under subtitles B
through E of title I of such Act, as amended by this Act.
(c) ADULT EDUCATION AND LITERACY PROGRAMS.—The Secretary of Education
shall take such actions as the Secretary determines to be appropriate to provide for
the orderly transition from any authority under the Adult Education and Family
Literacy Act (20 U.S.C. 9201 et seq.), as in effect on the day before the date of enact-
ment of this Act, to any authority under the Adult Education and Family Literacy
Act, as amended by this Act.
(d) EMPLOYMENT SERVICES ACTIVITIES.—The Secretary of Labor shall take such
actions as the Secretary determines to be appropriate to provide for the orderly
transition from any authority under the Wagner-Peyser Act (29 U.S.C. 49 et seq.),
as in effect on the day before the date of enactment of this Act, to any authority
under the Wagner-Peyser Act, as amended by this Act.
(e) REGULATIONS.—
(1) PROPOSED REGULATIONS.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary of Labor and the Secretary of Education, as ap-
propriate, shall develop and publish in the Federal Register proposed regula-
tions relating to the transition to, and implementation of, the Workforce Innova-
tion and Opportunity Act, as amended by this Act, and the Wagner-Peyser Act,
as amended by this Act.
(2) FINAL REGULATIONS.—Not later than 18 months after the date of enact-
ment of this Act, the Secretaries described in paragraph (1), as appropriate,
shall develop and publish in the Federal Register final regulations relating to
the transition to, and implementation of, the Workforce Innovation and Oppor-
tunity Act, as amended by this Act, and the Wagner-Peyser Act, as amended
by this Act.
(f) EXPENDITURE OF FUNDS DURING TRANSITION.—
(1) IN GENERAL.—Subject to paragraph (2) and in accordance with regulations
developed under subsection (f), States, grant recipients, administrative entities,
and other recipients of financial assistance under the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.), as in effect before the date of enact-
ment of this Act, may expend funds received under such Act in order to plan
and implement programs and activities under the Workforce Innovation and
Opportunity Act, as amended by this Act.
(2) ADDITIONAL REQUIREMENTS.—Not more than 2 percent of any allotment to
any State from amounts appropriated under the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3101 et seq.), as in effect on the day before the date
of enactment of this Act, for fiscal year 2022 may be made available to carry
out activities authorized under paragraph (1) and not less than 50 percent of
any amount used to carry out activities authorized under paragraph (1) shall
be made available to local entities for the purposes of the activities described
in such paragraph.
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SEC. 4. EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise provided in this Act, this Act, including the
amendments made by this Act, shall take effect on the first day of the first full pro-
gram year after the date of enactment of this Act.
(b) EXCEPTIONS.—Sections 102, 103, and 108 of the Workforce Innovation and Op-
portunity Act, as amended by this Act, shall apply to plans for the second full pro-
gram year after the date of enactment of this Act, including the development, sub-
mission, and approval of such plans during the first full program year after such
date.
SEC. 5. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. References.
Sec. 3. Transition provisions.
Sec. 4. Effective date.
Sec. 5. Table of contents.
TITLE I—DEFINITIONS AND OTHER GENERAL MATTERS
Sec. 101. Definitions.
Sec. 102. WIOA table of contents.
TITLE II—WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A—System Alignment
CHAPTER 1—STATE PROVISIONS
Sec. 201. State workforce development boards.
Sec. 202. Unified State plan.
Sec. 203. Combined State plan.
CHAPTER 2—LOCAL PROVISIONS
Sec. 206. Workforce development areas.
Sec. 207. Local workforce development boards.
Sec. 208. Local plan.
CHAPTER 3—PERFORMANCE ACCOUNTABILITY
Sec. 211. Performance accountability system.
Subtitle B—Workforce Investment Activities and Providers
CHAPTER 1—WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS
Sec. 221. Establishment of one-stop delivery systems.
Sec. 222. Identification of eligible providers of training services.
CHAPTER 2—YOUTH WORKFORCE INVESTMENT ACTIVITIES
Sec. 231. State allotments.
Sec. 232. Within State allocations.
Sec. 233. Use of funds for youth workforce investment activities.
Sec. 234. Summer and year-round employment for youth.
CHAPTER 3—ADULT AND DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES
Sec. 241. Within State allocations.
Sec. 242. Use of funds for employment and training activities.
CHAPTER 4—GENERAL WORKFORCE INVESTMENT PROVISIONS
Sec. 251. Authorization of appropriations.
Subtitle C—Job Corps
Sec. 261. Amendments relating to Job Corps.
Subtitle D—National Programs
Sec. 271. Native American Programs.
Sec. 272. Migrant and seasonal farmworker programs.
Sec. 273. Technical assistance.
Sec. 274. Evaluations and research.
Sec. 275. National dislocated worker grants.
Sec. 276. YouthBuild program.
Sec. 277. Strengthening community colleges training grants program.
Sec. 278. Reentry employment opportunities.
Sec. 279. Sectoral employment through career training for occupational readiness (sector) program.
Sec. 280. Workforce Data Quality Initiative Grants.
Sec. 281. Authorization of appropriations.
Subtitle E—Administration
Sec. 291. Nondiscrimination.
Sec. 292. Secretarial administrative authorities and responsibilities.
Sec. 293. Guard rails for program integrity.
TITLE III—ADULT EDUCATION AND FAMILY LITERACY
Sec. 301. Family literacy.
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Sec. 302. Purpose.
Sec. 303. Definitions.
Sec. 304. Authorization of appropriations.
Sec. 305. Performance accountability system.
Sec. 306. State distribution of funds; matching requirement.
Sec. 307. State leadership activities.
Sec. 308. Grants and contracts for eligible providers.
Sec. 309. Local administrative cost limits.
Sec. 310. National leadership activities.
Sec. 311. Integrated English literacy and civics education.
Sec. 312. Technical corrections to other laws.
TITLE IV—GENERAL PROVISIONS
Sec. 401. Prohibition of national database management.
Sec. 402. Accessibility.
TITLE V—AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 501. Inclusion of Commonwealth of the Northern Mariana Islands and American Samoa.
Sec. 502. Workforce and labor market information system.
TITLE VI—AMENDMENTS TO THE REHABILITATION ACT OF 1973
Sec. 601. Authorization of appropriations.
TITLE I—DEFINITIONS AND OTHER GENERAL
MATTERS
SEC. 101. DEFINITIONS.
(a) FOUNDATIONAL SKILL NEEDS.—Paragraph (5) of section 3 (29 U.S.C. 3102) is
amended to read as follows:
‘‘(5) FOUNDATIONAL SKILL NEEDS.—The term ‘foundational skill needs’ means,
with respect to an individual—
‘‘(A) who is a youth or adult, that the individual has English reading,
writing, or computing skills at or below the 8th grade level on a generally
accepted standardized test; or
‘‘(B) who is a youth or adult, that the individual is unable to compute or
solve problems, or read, write, or speak English, or does not possess digital
literacy, interpersonal communication, time management, critical thinking,
or financial literacy skills at a level necessary to function on the job, in the
individual’s family, or in society.’’.
(b) CAREER PATHWAY.—Paragraph (7) of section 3 (29 U.S.C. 3102) is amended to
read as follows:
‘‘(7) CAREER PATHWAY.—The term ‘career pathway’ means a combination of
rigorous and high-quality education, training, and other services that—
‘‘(A) are designed to support progression towards attainment of a recog-
nized postsecondary credential;
‘‘(B) align with the skill needs of industries in the economy of the State
or regional economy involved;
‘‘(C) include multiple entry and exit points;
‘‘(D) prepare an individual to be successful in any of a full range of sec-
ondary or postsecondary education options, including apprenticeship pro-
grams;
‘‘(E) provide career services, including counseling to support an individual
in achieving the individual’s education and career goals, and helping the in-
dividual to identify and access a path to skills and credentials that are
needed for the educational and career advancement of the individual;
‘‘(F) include supportive services or provides assistance in applying for and
accessing direct support services, means-tested Federal benefit programs, or
similar State, tribal, or local benefit programs;
‘‘(G) include, as appropriate, education offered concurrently with and in
the same context as workforce preparation activities and training for a spe-
cific occupation or occupational cluster (such as through work-based learn-
ing opportunities);
‘‘(H) organize education, training, and other services to meet the par-
ticular needs of an individual in a manner that accelerates the educational
and career advancement of the individual to the extent practicable;
‘‘(I) enable an individual to attain a secondary school diploma or its recog-
nized equivalent as applicable, and at least 1 recognized postsecondary cre-
dential; and
‘‘(J) help an individual enter or advance within a specific occupation or
occupational cluster.’’;
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(c) DISLOCATED WORKER.—Paragraph (15) of section 3 (29 U.S.C. 3102) is amend-
ed—
(1) in subparagraph (A)—
(A) in clause (i), by adding ‘‘and’’ at the end;
(B) in clause (ii)—
(i) in subclause (I), by striking ‘‘or’’ at the end;
(ii) in subclause (II), by striking ‘‘and’’ at the end and inserting ‘‘or’’;
and
(iii) by adding at the end the following:
‘‘(III) has been an unemployed individual for 27 weeks or more;’’; and
(C) by striking clause (iii);
(2) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F),
respectively; and
(3) by adding after subparagraph (C) the following:
‘‘(D)(i) is currently underemployed and engaged in the occasional perform-
ance of services for remuneration; and
‘‘(ii) is self-employed, is seeking part-time employment, and does not have
sufficient work history to qualify, or otherwise would not qualify for regular
unemployment or extended benefits under State or Federal law;’’; and
(4) in subparagraph (E), as so redesignated, by striking ‘‘homemaker’’ and in-
serting ‘‘caregiver’’.
(d) DISPLACED CAREGIVER.—Paragraph (16) of section 3 (29 U.S.C. 3102) is
amended—
(1) in the heading, by striking ‘‘HOMEMAKER’’ and inserting ‘‘CAREGIVER’’;
(2) in the matter preceding subparagraph (A)—
(A) by striking ‘‘homemaker’’ and inserting ‘‘caregiver’’;
(B) by striking ‘‘family members’’ and inserting ‘‘a family member’’;
(3) in subparagraph (A)—
(A) in clause (i), by striking ‘‘or’’ at the end;
(B) in clause (ii), by striking ‘‘and’’ at the end and inserting ‘‘or’’; and
(C) by adding at the end the following:
‘‘(iii) has involuntarily left the labor market to provide care for a relative
or dependent, which may be validated through self-attestation in a manner
consistent with section 402A(e) of the Higher Education Act of 1965 (20
U.S.C. 1070a–11(e)); and’’.
(e) ELIGIBLE YOUTH.—Paragraph (18) of section 3 (29 U.S.C. 3102) is amended to
read as follows:
‘‘(18) ELIGIBLE YOUTH.—Except as provided in subtitles C and D of title I, the
term ‘eligible youth’ means—
‘‘(A) an opportunity youth; or
‘‘(B) a youth who is not younger than 14 years of age and not older than
24 years of age, who can self-attest, in a manner consistent with section
402A(e) of the Higher Education Act of 1965 (20 U.S.C. 1070a–11(e)), that
the youth—
‘‘(i) is attending school (as defined by State law);
‘‘(ii) is a low-income individual; and
‘‘(iii) is one or more of the following:
‘‘(I) An English learner.
‘‘(II) An individual impacted by the juvenile or adult justice sys-
tem.
‘‘(III) A homeless individual (as defined in section 41403(6) of the
Violence Against Women Act of 1994 (42 U.S.C. 14043e–2(6))), a
homeless child or youth (as defined in section 725(2) of the McKin-
ney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2))), a run-
away, a child or youth in foster care or who has aged out of the
foster care system, a child or youth eligible for assistance under
section 477 of the Social Security Act (42 U.S.C. 677), or a child
or youth in an out-of-home placement.
‘‘(IV) An individual who is pregnant or parenting.
‘‘(V) An individual with a disability.’’.
(f) ENGLISH LEARNER.—Paragraph (21) of section 3 (29 U.S.C. 3102) is amended—
(1) in the heading, by striking ‘‘LANGUAGE’’; and
(2) by striking ‘‘language’’.
(g) INDIVIDUAL WITH A BARRIER TO EMPLOYMENT.—Paragraph (24) of section 3 (29
U.S.C. 3102) is amended to read as follows:
‘‘(24) INDIVIDUAL WITH A BARRIER TO EMPLOYMENT.—The term ‘individual with
a barrier to employment’ means a member of 1 or more of the following popu-
lations:
‘‘(A) Displaced caregivers.
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‘‘(B) Low-income individuals.
‘‘(C) Indians, Alaska Natives, and Native Hawaiians, as such terms are
defined in section 166.
‘‘(D) Individuals with disabilities, including youth who are individuals
with disabilities.
‘‘(E) Older individuals.
‘‘(F) Justice-involved individuals.
‘‘(G) Homeless individuals (as defined in section 41403(6) of the Violence
Against Women Act of 1994 (42 U.S.C. 14043e–2(6))), or homeless children
and youths (as defined in section 725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2))).
‘‘(H) Youth who are in or have aged out of the foster care system.
‘‘(I) Individuals who are English learners, individuals who have low levels
of literacy including digital literacy, or individuals facing substantial cul-
tural barriers.
‘‘(J) Eligible migrant and seasonal farmworkers, as defined in section
167(i).
‘‘(K) Individuals who exhausted lifetime eligibility under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.).
‘‘(L) Single parents (including single pregnant women).
‘‘(M) Long-term unemployed individuals.
‘‘(N) The spouse of, or youth with a parent who is—
‘‘(i) a member of the armed forces (as such term is defined in section
101(a)(4) of title 10, United States Code);
‘‘(ii) on active duty (as such term is defined in section 101(d)(1) of
such title); and
‘‘(iii) deployed or recently transferred.
‘‘(O) Individuals who have been historically underserved and
marginalized as a result of race, color, national origin, sexual orientation,
or gender identity.
‘‘(P) Such other groups as the Governor involved determines to have bar-
riers to employment.’’.
(h) LABOR MARKET AREA.—Paragraph (30) of section 3 (29 U.S.C. 3102) is amend-
ed by inserting ‘‘and the economic development agency’’ after ‘‘Department of
Labor’’.
(i) LOW-INCOME INDIVIDUAL.—Paragraph (36) of section 3 (29 U.S.C. 3102) is
amended—
(1) in subparagraph (A)—
(A) by amending subclause (I) of clause (ii) to read as follows:
‘‘(I) 150 percent of the poverty line (exclusive of unemployment
compensation, child support payments, payments described in this
subparagraph, and old-age and survivors insurance benefits re-
ceived under section 202 of the Social Security Act (42 U.S.C. 402));
or’’;
(B) in clause (v), by striking ‘‘or’’ at the end;
(C) in clause (vi), by striking the period at the end and inserting ‘‘; or’’;
and
(D) by adding at the end the following:
‘‘(vii) is an individual who is—
‘‘(I) an eligible migrant or seasonal farmworker, as defined in
section 167(i); and
‘‘(II) in a family with total family income that does not exceed
150 percent of the poverty line.’’; and
(2) in subparagraph (B), by striking ‘‘based on the most recent lower living
family budget issued by the Secretary’’.
(j) NONTRADITIONAL EMPLOYMENT.—Paragraph (37) of section 3 (29 U.S.C. 3102)
is amended to read as follows:
‘‘(37) NONTRADITIONAL EMPLOYMENT.—The term ‘nontraditional employment’
refers to occupations or fields of work, for which a group of individuals (such
as individuals from the same gender, race, or ethnicity), the members of
which—
‘‘(A) comprise less than 25 percent of the individuals employed in each
such occupation or field of work; or
‘‘(B) comprise a percentage of individuals employed in such occupation
that is lower than the percentage of the total population comprised by such
members, based on the most recent data from the Bureau of the Census.’’.
(k) JUSTICE-INVOLVED INDIVIDUAL.—Paragraph (38) of section 3 (29 U.S.C. 3102)
is amended—
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(1) in the heading, by striking ‘‘OFFENDER’’ and inserting ‘‘JUSTICE-INVOLVED
INDIVIDUAL’’; and
(2) by striking ‘‘offender’’ and inserting ‘‘justice-involved individual’’.
(l) OPPORTUNITY YOUTH.—Paragraph (46) of section 3 (29 U.S.C. 3102) is amended
to read as follows:
‘‘(46) OPPORTUNITY YOUTH.—The term ‘opportunity youth’—
‘‘(A) means an individual—
‘‘(i) who is not younger than 16 years of age and not older than 24
years of age; and
‘‘(ii) who can self-attest to a one-stop operator or one-stop center, in
a manner consistent with section 402A(e) of the Higher Education Act
of 1965 (20 U.S.C. 1070a–11(e)) that the individual is—
‘‘(I) not attending any school (as defined under State law); and
‘‘(II) not employed; and
‘‘(B) except in the case of an individual who is a low-income individual
and has foundational skill needs, does not include any individual who is a
recipient of a secondary school diploma or its recognized equivalent.’’.
(m) RAPID RESPONSE ACTIVITY.—Paragraph (51) of section 3 (29 U.S.C. 3102) is
amended by inserting ‘‘in a job position of similar wages and benefits, to the great-
est extent possible, or on the job training for a new occupation or industry,’’ after
‘‘reemployment’’.
(n) STATE.—Paragraph (56) of section 3 (29 U.S.C. 3102) is amended by striking
‘‘the Commonwealth of’’.
(o) SUPPORTIVE SERVICES.—Paragraph (59) of section 3 (29 U.S.C. 3102) is amend-
ed to read as follows:
‘‘(59) SUPPORTIVE SERVICES.—The term ‘supportive services’ means services
such as transportation, child care, dependent care, housing, food and nutrition
services, mental health care supports, substance use disorder treatment, access
to broadband, affordable internet connection, or digital devices with connection
to the internet, assistive technology, and needs-related payments, that are nec-
essary to enable an individual to participate in workforce development activi-
ties.’’.
(p) ADDITIONAL DEFINITIONS.—Section 3 (29 U.S.C. 3102), as amended by this sec-
tion, is further amended—
(1) by adding at the end the following new paragraphs:
‘‘(72) APPRENTICESHIP PROGRAM.—The term ‘apprenticeship program’ means a
program registered under the Act of August 16, 1937 (commonly known as the
‘National Apprenticeship Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
‘‘(73) COENROLLMENT.—The term ‘coenrollment’ means simultaneous enroll-
ment in more than one of the programs or activities carried out by a one-stop
partner in section 121(b)(1)(B).
‘‘(74) COMPETENCY.—The term ‘competency’ means the attainment of knowl-
edge, skills, and abilities in a subject area, as specified by an occupational skill
standard and demonstrated by an appropriate written, oral, hands-on, or other
appropriate proficiency measurement.
‘‘(75) DIGITAL LITERACY SKILLS.—The term ‘digital literacy skills’ has the
meaning given the term in section 202(A) of the Museum and Library Services
Act (20 U.S.C. 9101(2)).
‘‘(76) EVIDENCE-BASED.—The term ‘evidence-based’, when used with respect to
an activity, strategy, or intervention, means an activity, strategy or intervention
that—
‘‘(A) demonstrates a statistically significant effect on improving partici-
pant outcomes or other relevant outcomes based on—
‘‘(i) strong evidence from at least 1 well-designed and well-imple-
mented experimental study;
‘‘(ii) moderate evidence from at least 1 well-designed and well-imple-
mented quasi-experimental study; or
‘‘(iii) promising evidence from at least 1 well-designed and well-imple-
mented correlational study with statistical controls for selection bias; or
‘‘(B)(i) demonstrates a rationale based on high-quality research findings
or positive evaluation that such activity, strategy, or intervention is likely
to improve student outcomes or other relevant outcomes; and
‘‘(ii) includes ongoing efforts to examine the effects of such activity, strat-
egy, or intervention.
‘‘(77) LABOR ORGANIZATION.—The term ‘labor organization’ has the meaning
given the term in section 2(5) of the National Labor Relations Act (29 U.S.C.
152(5)), except that such term shall also include—
‘‘(A) any organization composed of labor organizations, such as a labor
union federation or a State or municipal labor body; and
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‘‘(B) any organization which would be included in the definition for such
term under such section 2(5) but for the fact that the organization rep-
resents—
‘‘(i) individuals employed by the United States, any wholly owned
Government corporation, any Federal Reserve Bank, or any State or
political subdivision thereof;
‘‘(ii) individuals employed by persons subject to the Railway Labor
Act (45 25 U.S.C. 151 et seq.); or
‘‘(iii) individuals employed as agricultural laborers.
‘‘(78) PERKINS-ELIGIBLE AGENCY.—The term ‘Perkins-eligible agency’ has the
meaning given the term ‘eligible agency’ in section 3 of the Carl D. Perkins Ca-
reer and Technical Education Act of 2006 (20 U.S.C. 2302).
‘‘(79) PRE-APPRENTICESHIP PROGRAM.—The term ‘pre-apprenticeship program’
means a training model or program that—
‘‘(A) is designed to prepare participants to enter an apprenticeship pro-
gram;
‘‘(B) has a written agreement with 1 or more sponsors of apprenticeship
programs that would enable participants who successfully complete the pre-
apprenticeship program—
‘‘(i) to enter into the apprenticeship program if a place in the pro-
gram is available and if the participant meets the qualifications of the
apprenticeship program; and
‘‘(ii) to earn credits towards the apprenticeship program;
‘‘(C) includes skills development (including a curriculum for the skills de-
velopment) aligned with industry standards related to an apprenticeship
program created in consultation with sponsors of the apprenticeship pro-
gram that are parties to the written agreement under subparagraph (B),
and that will prepare participants by teaching the skills and competencies
needed to enter 1 or more apprenticeship programs; and
‘‘(D) does not displace a paid employee.
‘‘(80) WORK-BASED LEARNING.—The term ‘work-based learning’ has the mean-
ing given the term in section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302).
‘‘(81) WORKFORCE AGENCY.—The term ‘workforce agency’ means the State
agency or local agency responsible for administering workforce development ac-
tivities or the workforce development system.’’;
(2) by striking paragraphs (27) and (54); and
(3) by reordering paragraphs (1) through (71), as amended by this section,
and the paragraphs added by paragraph (1) of this subsection in alphabetical
order, and renumbering such paragraphs as so reordered.
SEC. 102. WIOA TABLE OF CONTENTS.
The table of contents in section 1(b) of the Workforce Innovation and Opportunity
Act is amended—
(1) by adding at the end of the items relating to chapter 2 of subtitle B of
title I the following:
‘‘Sec. 130. Summer and year-round employment for youth.’’;
(2) by striking the item relating to section 172 and inserting the following:
‘‘Sec. 172. Strengthening Community Colleges Training Grants Program.
‘‘Sec. 173. Reentry employment opportunities
‘‘Sec. 174. Sectoral employment through career training for occupational readiness (sector) program.
‘‘Sec. 175. Workforce data quality initiative grants.
‘‘Sec. 176. Authorization of appropriations.’’; and
(3) by adding at the end of the item relating to subtitle A of title V, the fol-
lowing:
‘‘Sec. 507. Accessibility.’’.
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TITLE II—WORKFORCE DEVELOPMENT
ACTIVITIES
Subtitle A—System Alignment
CHAPTER 1—STATE PROVISIONS
SEC. 201. STATE WORKFORCE DEVELOPMENT BOARDS.
(a) MEMBERSHIP.—Section 101(b)(1)(C) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3111(b)(1)(C)) is amended—
(1) in clause (ii)—
(A) in the matter preceding subclause (I), by striking ‘‘20 percent’’ and in-
serting ‘‘30 percent’’;
(B) in subclause (III), by inserting ‘‘, justice-involved individuals,’’ after
‘‘veterans’’; and
(C) in subclause (IV), by striking ‘‘out-of-school’’ and inserting ‘‘oppor-
tunity’’; and
(2) in clause (iii)—
(A) in subclause (I)—
(i) by striking ‘‘and’’ at the end of item (aa); and
(ii) by adding at the end the following:
‘‘(cc) State agency officials responsible for the daily adminis-
tration of education programs in the State, including secondary
education and adult education programs, and chief executive
officers (or their representatives) of community colleges and
other institutions of higher education; and’’; and
(B) in subclause (II)—
(i) by amending item (bb) to read as follows:
‘‘(bb) State agency officials responsible for adult or juvenile
justice programs in the State;’’;
(ii) by striking ‘‘and’’ at the end of item (cc); and
(iii) by striking item (dd); and
(iv) by adding at the end the following:
‘‘(dd) State agency officials responsible for vocational reha-
bilitation; and
‘‘(ee) State agency officials responsible for economic develop-
ment.’’.
(b) DIVERSE AND DISTINCT REPRESENTATION.—Section 101(b)(2) (29 U.S.C.
3111(b)(2)) is amended by inserting before the period at the end the following: ‘‘, and
diverse demographic populations of the State’’.
(c) FUNCTIONS.—Section 101(d) (29 U.S.C. 3111(d)) is amended—
(1) in paragraph (3)—
(A) in subparagraph (A), strike ‘‘and avoid duplication’’ and insert ‘‘avoid
duplication, and leverage resources and expertise’’;
(B) in subparagraph (B)—
(i) by inserting ‘‘and expand’’ after ‘‘support’’; and
(ii) by striking ‘‘enter or retain employment’’ and inserting ‘‘enter in,
retain, or progress in employment’’;
(C) in subparagraph (C)—
(i) by inserting ‘‘and equitable’’ after ‘‘effective’’; and
(ii) by inserting ‘‘, including individuals with barriers to employment’’
after ‘‘system’’;
(D) in subparagraph (E), by striking ‘‘identification of’’ and inserting ‘‘con-
tinued identification of and support for’’;
(E) in subparagraph (F)—
(i) by inserting ‘‘affiliated sites,’’ after ‘‘partners,’’; and
(ii) by striking ‘‘services and supportive’’ and inserting ‘‘services, ca-
reer services, and supportive’’; and
(F) in subparagraph (G), by inserting ‘‘ongoing’’ after ‘‘support’’;
(2) in paragraph (5)—
(A) in subparagraph (A), by striking ‘‘centers, relating to the use of busi-
ness outreach, partnerships, and service delivery strategies, including’’ and
inserting ‘‘centers, including the use of evidence-based strategies for such
operations, the latest in digital technology and tools, and the use of partner-
ships to expand and improve services to jobseekers and workers, including’’;
(B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and
(D), respectively;
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(C) by inserting after subparagraph (A) the following:
‘‘(B) local boards and one-stop centers on effective outreach and enhanced
services to businesses, joint labor-management partnerships, industry asso-
ciations, and industry or sector partnerships, to provide employment and
training activities reflective of regional economic priorities and the skill and
competency needs of in-demand industry sectors and occupations;’’; and
(D) in subparagraph (D), as so redesignated, by striking ‘‘adaptability, to’’
and inserting ‘‘adaptablity to reduce the time required for attainment of a
recognized postsecondary credential or reskilling, and’’; and
(3) in paragraph (7)—
(A) in the matter preceding subparagraph (A), by striking ‘‘technological
improvements to facilitate access’’ and inserting ‘‘improvements in the use
of digital technology to facilitate and expand access’’;
(B) by amending subparagraphs (B) and (C) to read as follows:
‘‘(B) accelerate—
‘‘(i) the acquisition of skills, competencies, and recognized postsec-
ondary credentials by participants with respect to an in-demand indus-
try sector or occupation in a State or local area; and
‘‘(ii) the matching of participants to career pathways and employment
opportunities based on the skills, competencies, and recognized postsec-
ondary credentials attained by such participants;
‘‘(C) strengthen the professional development of providers and workforce
professionals, ensuring professional development activities include—
‘‘(i) trauma-informed practices and human-centered design that serve
individuals with barriers to employment;
‘‘(ii) preparing providers and workforce professionals to use the latest
technology;
‘‘(iii) accessing and understanding labor market data; and
‘‘(iv) ensuring equitable access and service delivery for individuals
who have been historically underserved, marginalized, and adversely
affected as a result of race, ethnicity, or gender, including training on
customer-centered service delivery, racial bias, cultural competence, oc-
cupational stereotyping, and strategies for increasing participant and
worker voices; and’’; and
(C) in subparagraph (D), by striking ‘‘with disabilities and individuals’’
and inserting ‘‘with barriers to employment, including individuals with dis-
abilities, and to individuals’’.
SEC. 202. UNIFIED STATE PLAN.
Section 102 (29 U.S.C. 3112) is amended—
(1) in subsection (b)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) STRATEGIC PLANNING ELEMENTS.—The unified State plan shall include
strategic planning elements consisting of a strategic vision and goals for pre-
paring an educated and skilled workforce, that include—
‘‘(A) a summary and conclusions of analysis conducted of the economic
conditions in the State using labor market information, including—
‘‘(i) existing and emerging in-demand industry sectors and occupa-
tions;
‘‘(ii) the industry or sector partnerships within the State and the op-
portunities for expansion of such partnerships to support sector-specific
initiatives;
‘‘(iii) projected industries or sectors within the State expected to de-
cline or face significant changes in employment opportunities; and
‘‘(iv) the employment needs of employers, including a description of
the knowledge, skills, competencies, and abilities currently needed and
projected to be needed, in those industries and occupations;
‘‘(B) a summary and conclusions of analysis conducted of the current
workforce using labor market information, employment and unemployment
data, labor market trends, and the educational and skill levels of the work-
force, including individuals with barriers to employment, in the State;
‘‘(C) an analysis of the workforce development activities (including sup-
portive services, career services, education, and training) in the State, in co-
ordination with the Perkins-eligible agency in the State, in order to address
the identified education and skill needs of the workforce and the employ-
ment needs of employers in the State, including—
‘‘(i) an analysis of the strengths and weaknesses of such activities;
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‘‘(ii) the capacity of State entities to provide such activities that meet
the specific needs of youth, including opportunity youth, and individ-
uals with barriers to employment;
‘‘(iii) an analysis of educational, skill, and competency levels of indi-
viduals served by the workforce system as compared to such levels re-
quired to address the employment needs in the State; and
‘‘(iv) an analysis of the career pathways offered within the State, in-
cluding an analysis of how such pathways are aligned to the education
and training needs of the current and future workforce within the
State, and the development and expansion of career pathways to meet
current and future workforce needs;
‘‘(D) a description of—
‘‘(i) the State’s strategic vision and goals for preparing an educated
and skilled workforce, including preparing youth (including opportunity
youth), and individuals with barriers to employment and for meeting
the skilled workforce needs of employers (including in existing and
emerging in-demand industry sectors and occupations as identified by
the State), and goals of the State relating to performance accountability
measures based on primary indicators of performance described in sec-
tion 116(b)(2)(A), in order to support economic growth and economic
self-sufficiency;
‘‘(ii) how the State will assess the overall effectiveness of the work-
force investment system in the State;
‘‘(iii) the career pathways offered within the State, including an anal-
ysis of how such pathways are aligned to the education and training
needs of the current and future workforce within the State, and the de-
velopment and expansion of career pathways to meet current and fu-
ture workforce needs; and
‘‘(iv) how the State will work with local areas to achieve equitable
service delivery and outcomes for individuals with barriers to employ-
ment, including employment and earnings outcomes by applying the in-
formation provided in the State equity report, for such State under sec-
tion 116(f);
‘‘(E) a description of strategies the State intends to adopt to achieve the
vision and each goal described in subparagraph (D) through—
‘‘(i) joint planning, alignment, coordination, and leveraging of funds
between—
‘‘(I) core programs under this Act; and
‘‘(II) other Federal programs, as determined appropriate by the
State, such as—
‘‘(aa) programs and activities under the Carl D. Perkins Ca-
reer and Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.);
‘‘(bb) programs under the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6301 et seq.);
‘‘(cc) programs under the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.);
‘‘(dd) programs under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.);
‘‘(ee) apprenticeship programs; and
‘‘(ff) the Medicaid program under title XIX of the Social Se-
curity Act (42 U.S.C. 1396 et seq.); and
‘‘(ii) the provision of information about access to available State as-
sistance or assistance under related Federal programs, including such
assistance under—
‘‘(I) section 6(d) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d));
‘‘(II) section 3672(c)(1) of title 38, United States Code;
‘‘(III) section 231 of the Second Chance Act of 2007 (34 U.S.C.
60541); and
‘‘(IV) the State Temporary Assistance for Needy Families pro-
grams under part A of title IV of the Social Security Act.’’;
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), re-
spectively; and
(C) by inserting after paragraph (1) the following:
‘‘(2) PLAN DEVELOPMENT.—
‘‘(A) IN GENERAL.—The Governor and State board shall—
‘‘(i) develop the unified State plan in consultation with—
‘‘(I) representatives of local boards and chief elected officials;
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‘‘(II) the community colleges in the State;
‘‘(III) eligible providers of training services, including eligible pro-
viders of nontraditional training services and eligible providers of
apprenticeship programs and pre-apprenticeship programs, and eli-
gible providers of on-the-job training, customized training, incum-
bent worker training, internships, paid or unpaid work experience
opportunities, or transitional jobs, secondary schools and institu-
tions of higher education (including institutions offering career and
technical education programs, minority-serving institutions, and
historically Black colleges and universities), and providers of sup-
ported employment services;
‘‘(IV) interested community representatives, including commu-
nity-based organizations;
‘‘(V) individuals with barriers to employment or organizations
representing such individuals;
‘‘(VI) representatives of business and industry, including rep-
resentatives of small business and representatives of industry and
sector partnerships in the State;
‘‘(VII) representatives of labor organizations and joint labor-man-
agement organizations in the State;
‘‘(VIII) representatives of agencies serving opportunity youth,
and homeless children and youth, including the State Coordinator
for Education of Homeless Children and Youths established or des-
ignated under section 722(d)(3) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11432(d)(3));
‘‘(IX) representatives of Indian tribes and tribal organizations lo-
cated in, or providing services in, the State;
‘‘(X) representatives of the Perkins-eligible agency;
‘‘(XI) representatives of the adult education and literacy commu-
nity; and
‘‘(XII) other primary stakeholders; and
‘‘(ii) consult the heads of other State agencies with respect to the de-
velopment of the unified State plan, including the State designated unit
under subparagraph (A) of section 101(a)(11) of the Rehabilitation Act
of 1973.
‘‘(B) PUBLIC COMMENT.—
‘‘(i) WRITTEN COMMENTS.—Not less than 60 days prior to submission
of the unified State plan, the Governor shall provide stakeholders de-
scribed in subparagraph (A)(i) with the opportunity to provide written
comments on the unified State plan that shall—
‘‘(I) be included in the final unified State plan; and
‘‘(II) include comments on whether and how the unified State
plan—
‘‘(aa) meets the requirements of this Act;
‘‘(bb) supports the improvement of performance of individ-
uals with barriers to employment;
‘‘(cc) supports the employment needs of the State (including
the business community, labor organizations, education and
training providers, and other relevant parties), including in the
design and content of the training, work experience, career ex-
ploration, on-the-job training, and other career and training ac-
tivities (including information related to employment opportu-
nities, wage rates, benefits, career pathways, and in-demand
industry sectors and occupations); and
‘‘(dd) takes into account collective bargaining agreements
that include training or subsidized employment, including how
the elements of such training or employment may affect the
bargaining agreement (such as wages, benefits, and other fac-
tors).
‘‘(ii) STATE WORKFORCE AGENCY RESPONSE.—Each unified State plan
shall include a written response to the comments provided by stake-
holders under clause (i).’’;
(D) in paragraph (3), as so redesignated—
(i) in subparagraph (B)—
(I) in clause (iv), by striking ‘‘colleges and area career and tech-
nical education schools’’ and inserting ‘‘colleges, secondary schools
and area career and technical education schools, and adult edu-
cation providers under title II’’;
(II) in clause (v), by striking ‘‘and’’ at the end;
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(III) by amending clause (vi) to read as follows:
‘‘(vi) how the State’s strategy will—
‘‘(I) improve access to activities leading to a recognized postsec-
ondary credential (including credentials that are portable,
stackable, and aligned to high-skill, high-wage, or in-demand in-
dustry sectors and occupations); and
‘‘(II) assess and validate the skills and competencies of such cre-
dentials and alignment to new or existing career pathways; and’’;
and
(IV) by adding at the end the following:
‘‘(vii) how the State will work with local areas to achieve equitable
service delivery and outcomes for individuals with barriers to employ-
ment by applying the information provided in the State equity report
for such State under section 116(f).’’;
(ii) in subparagraph (D)—
(I) in clause (i)(II), by striking ‘‘local boards and chief elected offi-
cials in determining the planning regions’’ and inserting ‘‘State eco-
nomic development agency to support alignment to the extent prac-
ticable, local boards and chief elected officials in determining the
planning regions and work of such regions’’; and
(II) in clause (ii)—
(aa) in subclause (V), by inserting ‘‘and’’ at the end; and
(bb) by adding at the end the following:
‘‘(VI) how the eligible agency will promote the professionalization
of adult education through the adoption of full-time staffing mod-
els, including, at the eligible agency’s discretion, how the eligible
agency will give funding priority to local providers that have adopt-
ed such models;’’; and
(iii) in subparagraph (E)—
(I) in clause (iii)—
(aa) in subclause (I), by inserting ‘‘, ensuring that services
and resources are accessible throughout the State and local
areas, including in urban, rural and suburban areas’’ after
‘‘such programs’’; and
(bb) by amending subclause (II) to read as follows:
‘‘(II) that the State obtained input into the development of the unified
State plan and provided an opportunity for comment on the plan by the
individuals listed in subsection (b)(2)(A)(i), and that the unified State
plan is published on a publicly accessible website;’’; and
(II) by striking ‘‘and’’ at the end of clause (ix);
(III) in clause (x), by striking the period at the end and inserting
a semicolon; and
(IV) by adding at the end the following:
‘‘(xi) that the employment services authorized under sections 1
through 13 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.) are per-
formed by public employees under a merit system; and
‘‘(xii) that the State will not prohibit self-attestation in a manner con-
sistent with section 402A(e) of the Higher Education Act of 1965 (20
U.S.C. 1070a–11(e)) as a means for determining eligibility for a pro-
gram or service under this Act of any individual who is so self-attest-
ing.’’; and
(2) in subsection (c)—
(A) in paragraph (1)(A), by striking ‘‘the Workforce Innovation and Oppor-
tunity Act’’ and inserting ‘‘the Workforce Innovation and Opportunity Act
of 2022’’; and
(B) by striking paragraph (4)
SEC. 203. COMBINED STATE PLAN.
Section 103(a)(2) (29 U.S.C. 3113(a)(2)) is amended by adding at the end the fol-
lowing:
‘‘(L) State Apprenticeship Agencies, as applicable.’’.
CHAPTER 2—LOCAL PROVISIONS
SEC. 206. WORKFORCE DEVELOPMENT AREAS.
(a) REGIONS.—Section 106(a)(1) (29 U.S.C. 3121(a)(1)) is amended—
(1) by striking ‘‘this Act’’ and inserting ‘‘the Workforce Innovation and Oppor-
tunity Act of 2022’’ ; and
(2) by inserting ‘‘, the State economic development agency, the State appren-
ticeship agency, as applicable,’’ after ‘‘local boards’’.
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(b) LOCAL AREAS.—Section 106(b) (29 U.S.C. 3121(b)) is amended—
(1) in paragraph (1)—
(A) by amending subparagraph (A)(ii) to read as follows:
‘‘(ii) after consultation with the State economic development agency,
chief elected officials, and local boards, and consideration of comments
received through the public comment process as described in section
102(b)(2)(E)(iii)(II).’’;
(B) in subparagraph (B)—
(i) in clause (ii), by striking ‘‘and’’ at the end;
(ii) in clause (iii)—
(I) by striking ‘‘higher education and’’ and inserting ‘‘higher edu-
cation,’’; and
(II) by striking the period at the end and inserting ‘‘, and appren-
ticeship and pre-apprenticeship programs; and’’; and
(iii) by adding at the end the following:
‘‘(iv) improve service delivery and efficiency under the workforce de-
velopment system, and provide for sufficient access to comprehensive
one-stop centers and affiliated sites.’’; and
(C) by adding at the end the following:
‘‘(C) CONSULTATIONS.—The State economic development agency, chief
elected officials, and local boards shall provide such consultations as re-
quested by the Governor in a timely manner.’’;
(2) by amending paragraph (2) to read as follows:
‘‘(2) INITIAL DESIGNATION.—During the first 2 full program years following the
date of enactment of the Workforce Innovation and Opportunity Act of 2022, the
Governor shall approve a request for initial designation as a local area from any
area that—
‘‘(A) was designated as a local area for purposes of this Act for the 2-year
period preceding the date of enactment of the Workforce Innovation and
Opportunity Act of 2022;
‘‘(B) performed successfully; and
‘‘(C) sustained fiscal integrity.’’; and
(3) in paragraph (4), by adding at the end the following: ‘‘Such designation
may include the combining of areas that were designated as local areas under
this subsection before the date of enactment of the Workforce Innovation and
Opportunity Act of 2022 within a region described in subsection (a), to form a
new, redesignated local area under this subsection, if all chief elected officials
and local boards in the affected areas agree to such a redesignation.’’.
(c) REGIONAL COORDINATION.—Section 106(c)(1) (29 U.S.C. 3121(c)(1)) is amend-
ed—
(1) in subparagraph (F), by inserting ‘‘and prioritizing such services for indi-
viduals with barriers to employment,’’ after ‘‘services,’’;
(2) in subparagraph (G), by striking ‘‘and’’ at the end;
(3) in subparagraph (H), by striking the period at the end and inserting ‘‘;
and’’; and
(4) by adding at the end the following:
‘‘(I) the analysis of in-demand skills and competencies within the region,
and corresponding wages offered for jobs requiring such skills and com-
petencies.’’.
(d) DEFINITIONS.—Section 106(e) (29 U.S.C. 3121(e)) is amended—
(1) in paragraph (1), by striking ‘‘(or, if applicable, core indicators of perform-
ance described in section 136(b)(2)(A) of the Workforce Investment Act of 1998,
as in effect the day before the date of enactment of this Act)’’; and
(2) in paragraph (2), by striking ‘‘(or, if applicable, title I of the Workforce In-
vestment Act of 1998 as in effect prior to the effective date of such subtitle B)’’.
SEC. 207. LOCAL WORKFORCE DEVELOPMENT BOARDS.
(a) MEMBERSHIP.—Section 107(b) (29 U.S.C. 3122(b)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (B)—
(i) in the matter preceding clause (i), by striking ‘‘20’’ and inserting
‘‘30’’; and
(ii) in clause (iv)—
(I) by inserting ‘‘eligible youth and’’ after ‘‘include’’; and
(II) by striking ‘‘out-of-school’’ and inserting ‘‘opportunity’’; and
(B) in subparagraph (C)(ii), by striking the semicolon and inserting ‘‘;
and’’;
(C) by striking ‘‘and’’ at the end of subparagraph (D)(v);
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(D) by striking the period at the end of subparagraph (E) and inserting
‘‘; and’’; and
(E) by adding at the end the following:
‘‘(F) the members of each local board shall represent diverse demographic
populations of the local area.’’;
(2) in paragraph (3), by adding at the end the following: ‘‘Each chairperson
shall ensure that each new board member is provided with information on the
local area, employment opportunities (including youth employment opportuni-
ties), industry or sector partnerships, eligible providers or training services, and
demographic information of participants served including individuals with bar-
riers to employment.’’; and
(3) in paragraph (4)(A)—
(A) in clause (ii), by inserting ‘‘, if applicable, YouthBuild operators, and’’
after ‘‘include’’;
(B) in clause (iii), by inserting before the period at the end the following:
‘‘, which include individuals with disabilities or representatives of organiza-
tions serving individuals with disabilities’’ ; and
(C) by adding at the end the following:
‘‘(iv) A standing committee to provide information to assist with plan-
ning, operational, and other issues relating to the provision of adult
education services, which shall include providers of adult education car-
ried out under title II of this Act.
‘‘(v) A standing committee to provide information related to work-
based learning opportunities, which shall include a representative from
a provider of work-based learning, including a provider of related in-
struction under an apprenticeship.
‘‘(vi) A standing committee, which shall include representatives of
workers and their communities (including labor and community-based
organizations), to provide information to assist with responding to
rapid changes in the economy such as—
‘‘(I) mass layoffs;
‘‘(II) unexpected increases in unemployment; and
‘‘(III) introduction of new employment opportunities, including
the assessment of the in-demand skills and competencies of the
local area.’’.
(b) APPOINTMENT AND CERTIFICATION OF BOARD.—Section 107(c) (29 U.S.C.
3122(c)) is amended—
(1) in paragraph (1), by adding at the end the following:
‘‘(D) PUBLICATION.—The chief elected official or officials appointing the
board for a local area shall make publicly available the membership of the
board (including information identifying how the membership composition
requirements of subsection (b) have been met (other than the requirements
of paragraph (2)(F) of such subsection)), including by posting that informa-
tion on the website of the appropriate unit of local government included in
the local area.’’; and
(2) in paragraph (4)(A), by striking ‘‘and (2)’’ and inserting ‘‘, (2), and (3)’’.
(c) FUNCTIONS OF LOCAL BOARD.—Section 107(d) (29 U.S.C. 3122(d)) is amended—
(1) in paragraph (2)(A), by striking ‘‘skills’’ and inserting ‘‘, skills, and com-
petencies’’;
(2) in paragraph (3), in the first sentence, by inserting ‘‘, including supportive
services offered by community-based organizations,’’ after ‘‘resources’’;
(3) in paragraph (4)—
(A) in subparagraph (B), by inserting ‘‘and’’ after the semicolon;
(B) by amending subparagraph (C) to read as follows:
‘‘(C) to ensure that workforce investment activities meet the skilled work-
force needs of employers and support economic growth in the region by en-
hancing communication, coordination, and collaboration among employers,
economic development entities, and service providers, including by devel-
oping and implementing proven or promising strategies for—
‘‘(i) meeting the employment, skill, and competency needs of workers
and employers (including the establishment of industry and sector part-
nerships) and supporting skill and competency-based hiring;
‘‘(ii) improving access to jobs in high-skill, high-wage, or in-demand
industry sectors and occupations, to expand employment and career ad-
vancement opportunities for workforce development system partici-
pants in in-demand industry sectors or occupations; and
‘‘(iii) recruiting a more diverse workforce.’’; and
(C) by striking subparagraph (D);
(4) in paragraph (5)—
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(A) by striking ‘‘and postsecondary’’ and inserting ‘‘, postsecondary, and
adult’’;
(B) by inserting ‘‘, systems, and programs’’ after ‘‘pathways’’; and
(C) by inserting ‘‘and opportunity youth’’ after ‘‘to employment’’;
(5) by amending subparagraph (A) of paragraph (6) to read as follows:
‘‘(A) identify and promote strategies and initiatives to the one-stop deliv-
ery system for meeting the needs of employers, workers, and jobseekers (in-
cluding individuals with barriers to employment) in the local workforce de-
velopment system, including—
‘‘(i) providing physical and programmatic accessibility, in accordance
with section 188, if applicable, and applicable provisions of the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and
‘‘(ii) identifying and implementing strategies to assure service deliv-
ery is accessible to all eligible individuals, including individuals with
barriers to employment; and’’;
(6) by amending paragraph (7) to read as follows:
‘‘(7) TECHNOLOGY.—The local board shall develop strategies for using tech-
nology to maximize the accessibility and effectiveness of the local workforce de-
velopment system, including in remote areas, for employers, workers, and job-
seekers, by—
‘‘(A) identifying and integrating new digital technologies into business
services, career navigation, and employment and training activities, and
working with the State to offer services virtually or through in-person serv-
ice delivery strategies that are augmented through the use of technology;
‘‘(B) facilitating connections among the intake and case management in-
formation systems of the one-stop partner programs to support a com-
prehensive workforce development system in the local area, including
through coordination and collaboration with one-stop partner programs to
support coenrollment of programs, as applicable;
‘‘(C) identifying strategies for better meeting the needs of individuals with
barriers to employment, including strategies that augment traditional serv-
ice delivery, and increase access to services and programs of the one-stop
delivery system, such as improving digital literacy skills, assessments of
skills and competencies, and prior learning assessments assisted through
the use of technology; and
‘‘(D) leveraging resources and capacity within the local workforce develop-
ment system, including resources and capacity for services for individuals
with barriers to employment.’’;
(7) in paragraph (10)—
(A) in subparagraph (B)(ii), by inserting ‘‘as described in section 122’’
after ‘‘providers’’;
(B) in subparagraph (C), by inserting ‘‘and make information about such
providers publicly available, including to community-based organizations’’
after ‘‘local area’’; and
(C) in subparagraph (D), by inserting ‘‘and make information about such
providers publicly available, including to community-based organizations’’
after ‘‘contracts’’;
(8) in paragraph (11)(A), by inserting ‘‘, local educational agencies, institu-
tions of higher education located in the local area, including minority-serving
institutions, historically Black colleges and universities, and Tribally controlled
colleges or universities, as appropriate,’’ after ‘‘2302))’’; and
(9) in paragraph (12)(A), by striking ‘‘for the’’ and inserting ‘‘for all funds not
otherwise reserved by the State allocated to local areas under section 128(b) and
section 133(b), for local youth workforce activities authorized under section
129(c), and for local employment and training activities authorized under sub-
section (b) of section 134, and’’.
(d) SUNSHINE PROVISION.—Section 107(e) (29 U.S.C. 3122(e)) is amended by in-
serting ‘‘that conforms at a minimum, to Level AA of the Web Content Accessibility
Guidelines 2.0 of the Web Accessibility Initiative (or any successor guidelines)’’ after
‘‘means’’.
(e) STAFF.—Section 107(f) (29 U.S.C. 3122(f)) is amended—
(1) by amending paragraph (2) to read as follows:
‘‘(2) QUALIFICATIONS.—The local board shall establish and apply a set of quali-
fications for the position of director that ensures that the individual selected
has the requisite knowledge, skills, and abilities, to meet identified benchmarks
and effectively carry out the functions of the local board.’’; and
(2) by adding at the end the following:
‘‘(4) PROFESSIONAL DEVELOPMENT.—The local board shall ensure the provision
of training to local board and one-stop delivery system staff on—
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‘‘(A) the expanded use of digital technology and tools for augmenting and
improving the delivery of services to participants and employers;
‘‘(B) the implementation of evidence-based strategies, such as career path-
ways and sector initiatives, and trauma-informed and gender-responsive
counseling for meeting the needs of individuals with barriers to employ-
ment; and
‘‘(C) how to improve and ensure equitable service delivery and outcomes
for individuals who have been historically underserved, marginalized, and
adversely affected as a result of race, ethnicity, or gender, including train-
ing on customer-centered service delivery, gender and racial bias, cultural
competence, occupational stereotyping, and strategies for increasing partici-
pant and worker voice.’’.
SEC. 208. LOCAL PLAN.
Section 108(b) (29 U.S.C. 3123(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
(i) in clause (i), by striking ‘‘and’’ at the end;
(ii) in clause (ii), by inserting ‘‘and’’ at the end; and
(iii) by adding at the end the following:
‘‘(iii) projected industries or sectors within the local area expected to
decline or face significant changes in employment opportunities;’’;
(B) in subparagraph (B), by striking ‘‘and skills’’ and inserting ‘‘, skills,
and competencies’’; and
(C) in subparagraph (C), by striking ‘‘(and unemployment)’’ and inserting
‘‘(unemployment, and underemployment)’’;
(2) by amending paragraph (2) to read as follows:
‘‘(2) a description and assessment of the workforce development system in the
local area that identifies the programs that are included in that system and
how the local board will work with the entities carrying out core programs and
other workforce development programs to support alignment of services, includ-
ing—
‘‘(A) services provided under programs that support the strategies identi-
fied in the State plan under section 102(b)(1)(E), including—
‘‘(i) programs of study authorized under the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.);
‘‘(ii) title II (relating to adult education and family literacy activities),
including a description of how the local board will carry out, consistent
with subparagraphs (A) and (B)(i) of section 107(d)(11) and section 232,
the review of local applications submitted under title II;
‘‘(iii) title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);
and
‘‘(iv) apprenticeship programs; and
‘‘(B) the statewide rapid response activities under section 134(a)(2)(A);’’;
(3) in paragraph (3), by inserting ‘‘and expansion’’ after ‘‘development’’;
(4) in paragraph (4)—
(A) in subparagraph (A)—
(i) in clause (i), by striking ‘‘, including small employers and employ-
ers in in-demand industry sectors and occupations, in workforce devel-
opment programs’’ and inserting ‘‘in workforce development programs,
including small employers, employers in high-skill, high-wage, or in-de-
mand industry sectors and occupations, and employers in industry or
sector partnerships’’;
(ii) in clause (iii), by striking ‘‘and’’ at the end;
(iii) in clause (iv), by inserting ‘‘, and benefits, such as food and hous-
ing security’’ after ‘‘unemployment insurance programs’’; and
(iv) by adding at the end the following:
‘‘(v) improve the ability of individuals to make informed decisions
about career pathways and training services, employment opportunities
and job quality, and workplace rights and responsibilities; and’’; and
(B) in subparagraph (B), by inserting ‘‘and individuals’’ after ‘‘employers’’;
(5) in paragraph (6)—
(A) in subparagraph (B), by inserting ‘‘, including digital technology,’’
after ‘‘technology’’;
(B) in subparagraph (C), by striking ‘‘and’’ at the end; and
(C) by adding at the end the following:
‘‘(E) a description of how the one-stop delivery system, including one-stop
operators and one-stop partners, will work with employers to support the
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hiring of individuals with barriers to employment to ensure equitable serv-
ice delivery and participant outcomes; and
‘‘(F) a description of how one-stop centers are implementing and
transitioning to an integrated, technology-enabled intake and case manage-
ment information system for programs carried out under this Act and pro-
grams carried out by one-stop partners;’’;
(6) by striking paragraphs (7) and (8);
(7) by redesignating paragraphs (9) through (12) as paragraphs (7) through
(10), respectively;
(8) in paragraph (7), as so redesignated, by striking ‘‘assessment of’’ and in-
serting ‘‘comprehensive local needs assessment, as described in section 129(a)(2)
of’’;
(9) by striking paragraph (13);
(10) by redesignating paragraphs (14) through (20) as paragraphs (11)
through (17), respectively;
(11) by inserting after paragraph (17), as so redesignated, the following:
‘‘(18) that the local area will not prohibit self-attestation in a manner con-
sistent with section 402A(e) of the Higher Education Act of 1965 (20 U.S.C.
1070a–11(e)) as a means for determining eligibility for a program or service
under this Act of any individual who is so self-attesting; and’’;
(12) by striking paragraph (21); and
(13) by redesignating paragraph (22) as paragraph (19).
CHAPTER 3—PERFORMANCE ACCOUNTABILITY
SEC. 211. PERFORMANCE ACCOUNTABILITY SYSTEM.
Section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141) is
amended—
(1) in subsection (b)—
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) by amending clause (i) to read as follows:
‘‘(i) IN GENERAL.—The State primary indicators of performance for ac-
tivities provided under the adult and dislocated worker programs au-
thorized under chapter 3 of subtitle B, the program of adult education
and family literacy activities authorized under title II, the employment
services program authorized under sections 1 through 13 of the Wag-
ner-Peyser Act (29 U.S.C. 49 et seq.) (except that subclauses (V) and
(VI) shall not apply to such program), and the program authorized
under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)
(other than section 112 or part C of that title (29 U.S.C. 732, 741)),
shall consist of—
‘‘(I) the percentage of program participants who are in unsub-
sidized employment during the second quarter after exit from the
program;
‘‘(II) the percentage of program participants who are in unsub-
sidized employment during the fourth quarter after exit from the
program;
‘‘(III) the median earnings of program participants who are in
unsubsidized employment during the second quarter after exit from
the program;
‘‘(IV) the median earnings of program participants who are in
unsubsidized employment during the fourth quarter after exit from
the program;
‘‘(V) the percentage of program participants who obtain a recog-
nized postsecondary credential, or a secondary school diploma or its
recognized equivalent (subject to clause (iii)), during participation
in or within 1 year after exit from the program; and
‘‘(VI) the percentage of program participants who are in an edu-
cation or training program that leads to a recognized postsecondary
credential or employment, and who are achieving measurable skill
gains toward such a credential or employment.’’;
(II) in clause (iii), by inserting before the period at the end the
following: ‘‘, unless such participants are enrolled in services under
title II’’; and
(III) by striking clause (iv);
(ii) by amending subparagraph (B) to read as follows:
‘‘(B) ADDITIONAL INDICATORS.—
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‘‘(i) STATE IDENTIFIED.—A State may identify in the State plan addi-
tional performance accountability indicators.
‘‘(ii) SECRETARY IDENTIFIED.—The Secretary may identify additional
indicators related to the quality of participants’ unsubsidized employ-
ment after exit from a program, including factors such as availability
of paid time off, health, and retirement benefits, workplace safety and
non-discrimination standards, predictable and stable work schedule,
stackable credentials, and advancement opportunities.’’; and
(B) in paragraph (3)(A)—
(i) by amending clause (iii) to read as follows:
‘‘(iii) IDENTIFICATION IN STATE PLAN.—The Secretary of Labor in con-
junction with the Secretary of Education shall—
‘‘(I) propose expected levels of performance for each of the cor-
responding primary indicators of performance for each of the pro-
grams described in clause (ii) for each State for the first 2 program
years covered by the State plan, and for the third and fourth pro-
gram years covered by the State plan, which shall be consistent
with the factors listed under clause (v); and
‘‘(II) publish on a publicly accessible website—
‘‘(aa) the statistical model developed under clause (viii), and
the methodology used to develop each such proposed expected
level of performance; and
‘‘(bb) each such proposal.’’;
(ii) in clause (v)—
(I) in subclause (II)(bb)—
(aa) by striking ‘‘ex-offender status, and welfare dependency’’
and inserting ‘‘justice involvement, and receipt of public assist-
ance’’; and
(bb) by inserting before the semicolon at the end ‘‘, and other
factors the Secretary determines relevant’’;
(II) by amending subclause (III) to read as follows:
‘‘(III) take into account the extent to which the levels involved
promote continuous improvement, which may reflect an increase in
the level of performance accountability measures, a change in serv-
ice strategy and delivery, or a change in the participants served by
such State and ensure optimal return on the investment of Federal
funds; and’’; and
(iii) by amending clause (viii) to read as follows:
‘‘(viii) STATISTICAL ADJUSTMENT MODEL.—The Secretary of Labor and
the Secretary of Education, after consultation with the representatives
described in paragraph (4)(B), shall—
‘‘(I) develop and disseminate an objective statistical model that
will be used to make the adjustments in the State adjusted levels
of performance for actual economic conditions and characteristics of
participants under clauses (v) and (vii); and
‘‘(II) publicly disclose the factors included in the statistical ad-
justment model in a report describing the model used to determine
the adjusted levels of performance.’’;
(2) in subsection (d)—
(A) in paragraph (2)—
(i) in subparagraph (F), by inserting ‘‘, supportive,’’ after ‘‘career’’;
(ii) in subparagraph (H), by inserting ‘‘and percentage’’ after ‘‘num-
ber’’; and
(iii) by redesignating subparagraph (L) as subparagraph (M); and
(iv) by inserting after subparagraph (K) the following:
‘‘(L) information on earnings of participants 4 quarters prior to receiving
career and training services and, to the extent data is available, in years
2 and 3 after exit from career and training services;’’;
(B) in paragraph (6)—
(i) by amending subparagraph (A) to read as follows:
‘‘(A) STATE PERFORMANCE REPORTS.—The Secretary of Labor and the Sec-
retary of Education shall annually make available the performance reports
for States containing the information described in paragraph (2), which
shall include making such reports available—
‘‘(i) digitally using transparent, linked, open, and interoperable data
formats that are human readable and machine actionable such that the
data from these reports can be easily included in web-based tools and
services supporting search, discovery, comparison, analysis, navigation,
and guidance;
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‘‘(ii) electronically in easily understandable formats; and
‘‘(iii) in paper-based formats, as necessary.’’;
(ii) by amending subparagraph (B) to read as follows:
‘‘(B) LOCAL AREA AND ELIGIBLE TRAINING PROVIDER PERFORMANCE RE-
PORTS.—The State shall, on an annual basis, make available the perform-
ance reports for the local areas containing the information described in
paragraph (3) and the performance reports for eligible providers of training
services containing the information described in paragraph (4), which shall
include making such reports available in each of the formats described in
clauses (i) through (iii) of subparagraph (A).’’; and
(iii) in subparagraph (D), by striking ‘‘the Workforce’’ and inserting
‘‘Labor’’;
(3) by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (i),
and (j), respectively;
(4) by inserting the following after subsection (e):
‘‘(f) STATE EQUITY REPORTS.—
‘‘(1) IN GENERAL.—Using funds authorized under a core program and made
available to carry out this section, the State, in coordination with local boards
in the State and the State agencies responsible for the administration of the
core programs, shall annually prepare and submit to the Secretary a report on
the progress of the State in achieving equitable outcomes in the State levels of
performance relating to indicators described in subsection (b)(2)(A) for a pro-
gram for any program year, which shall—
‘‘(A) identify and quantify any disparities or gaps in performance on such
levels of performance for each such indicator between—
‘‘(i) individuals with barriers to employment; and
‘‘(ii) individuals without such barriers to employment; and
‘‘(B) include a quantifiable description of the progress that individuals
with barriers to employment have made in meeting such levels of perform-
ance.
‘‘(2) INFORMATION DISAGGREGATION.—The information provided in subpara-
graphs (A) and (B) of paragraph (1) shall be disaggregated—
‘‘(A) by industry sector; and
‘‘(B) by each subpopulation of individuals with barriers to employment (as
defined in section 3).
‘‘(3) INFORMATION DISSEMINATION.—The Secretary shall make the information
contained in such reports available to the general public in a manner consistent
with the requirements described in subsection (d)(6)(A).’’.
Subtitle B—Workforce Investment Activities and
Providers
CHAPTER 1—WORKFORCE INVESTMENT ACTIVITIES AND PROVIDERS
SEC. 221. ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS.
(a) ONE-STOP PARTNERS.—Section 121(b) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3151(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)(ii), by striking ‘‘, including payment of the infra-
structure costs of one-stop centers in accordance with subsection (h)’’ and
inserting ‘‘(other than payment of the physical and virtual infrastructure
costs of one-stop centers in accordance with subsection (h), except as pro-
vided under subsection (c)(2)(A)(ii)(II) in the memorandum of under-
standing)’’;
(B) in subparagraph (B)—
(i) by inserting ‘‘and’’ at the end of clause (xi);
(ii) by striking clause (xii); and
(iii) by redesignating clause (xiii) as clause (xii); and
(C) in subparagraph (C)(ii)(II), by striking ‘‘and the Secretary of Health
and Human Services’’ and inserting ‘‘, the Secretary of Education, and the
Secretary of Health and Human Services’’; and
(2) in paragraph (2)(B)—
(A) by redesignating clause (vii) as clause (viii);
(B) in clause (vi), by striking ‘‘and’’ after the semicolon; and
(C) by inserting after clause (vi) the following:
‘‘(vii) employment and training programs carried out by the Economic
Development Administration; and’’.
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(b) MEMORANDUM OF UNDERSTANDING.—Section 121(c)(2)(A) of the Workforce In-
novation and Opportunity Act (29 U.S.C. 3151(c)(2)(A)) is amended—
(1) in clause (ii)—
(A) in subclause (I) by striking ‘‘and’’ after the semicolon;
(B) by amending subclause (II) to read as follows:
‘‘(II) funding of physical and virtual infrastructure costs of one-
stop centers in accordance with subsection (h)(3), if funding re-
ceived by the local area under subsection (h)(2) is insufficient to
cover such costs;’’; and
(2) by amending clause (iv) to read as follows:
‘‘(iv) methods to provide appropriate access of services (including ac-
cess to technology and materials) to workers, youth, and individuals
with barriers to employment through the one-stop delivery system to
address the needs of such workers and youth, and to increase access,
particularly in underserved and rural communities; and’’.
(c) ONE-STOP OPERATORS.—Section 121(d) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3151(d)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (A), by striking ‘‘process; and’’ and inserting ‘‘process,
except as authorized by paragraph (4); and’’; and
(B) in subparagraph (B)—
(i) by amending clause (i) to read as follows:
‘‘(i) a secondary school, an area career and technical education school,
or an institution of higher education;’’;
(ii) in clause (v), by striking ‘‘and’’ after the semicolon;
(iii) by redesignating clause (vi) as clause (vii);
(iv) by inserting after clause (v) the following:
‘‘(vi) a public library; and’’; and
(v) in clause (vii), as so redesignated, by inserting ‘‘or joint labor-
management’’ after ‘‘a labor’’;
(2) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6);
(3) by inserting after paragraph (2) the following:
‘‘(3) RESPONSIBILITIES.—The responsibilities of the one-stop operator—
‘‘(A) shall include managing the physical and virtual infrastructure and
operations of the one-stop system in the local area, and facilitating coordi-
nation among the partners in the one-stop system; and
‘‘(B) may include the provision of direct services to job seekers and em-
ployers.
‘‘(4) LOCAL BOARD AS ONE-STOP OPERATOR.—Subject to approval from the Gov-
ernor and in accordance with any other eligibility criteria established by the
State, a local board may serve as a one-stop operator consistent with the re-
quirements of this subsection.’’; and
(4) in paragraph (5), as so redesignated, by striking ‘‘and secondary schools’’.
(d) ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEM.—Section 121(e)(2) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3151(e)(2)) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘in person or virtually’’ after ‘‘accessible’’; and
(B) by inserting ‘‘and virtually in a manner that improves efficiency, co-
ordination, and quality in the delivery of one-stop partner services’’ after
‘‘State’’;
(2) in subparagraph (B)—
(A) in clause (i), by inserting ‘‘(such as a community college campus, a
secondary school, an area career and technical education school, or a public
library) and through community-based organizations’’ after ‘‘affiliated sites’’;
and
(B) in clause (ii)(II) by adding ‘‘and’’ after the semicolon;
(3) in subparagraph (C)—
(A) by inserting ‘‘virtual or physical’’ after ‘‘may have’’; and
(B) by striking ‘‘; and’’ and inserting a period; and
(4) by striking subparagraph (D).
(e) CERTIFICATION AND CONTINUOUS IMPROVEMENT OF ONE-STOP CENTERS.—Sec-
tion 121(g)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C.
3151(g)(2)(A)) is amended by striking ‘‘subsections (h)(1)’’ and inserting ‘‘subsections
(h)(3)’’.
(f) FUNDING OF ONE-STOP INFRASTRUCTURE.—Section 121(h) of the Workforce In-
novation and Opportunity Act (29 U.S.C. 3151(h)) is amended to read as follows:
‘‘(h) FUNDING OF ONE-STOP INFRASTRUCTURE.—
‘‘(1) IN GENERAL.—For any program year, not more than 10 percent of the
funds allotted under sections 127, 132, and 211, and section 6 of the Wagner-
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Peyser Act (29 U.S.C. 49e) shall be used to fund the costs of infrastructure of
one-stop centers in local areas.
‘‘(2) ALLOCATION BY GOVERNOR.—
‘‘(A) IN GENERAL.—From the funds provided under paragraph (1), the
Governor shall allocate the funds to local areas in accordance with the for-
mula established under subparagraph (B) for the purposes of paying the
costs of infrastructure of one-stop centers.
‘‘(B) ALLOCATION FORMULA.—The State board shall develop a formula to
be used by the Governor to allocate the funds provided under paragraph (1)
to local areas. The formula shall be based on factors including the number
of one-stop centers in a local area, the intensity of services provided by such
centers, the population served by such centers, the services provided by
such centers, and other factors relating to the performance of such centers
that the State board determines are appropriate.
‘‘(C) COSTS OF INFRASTRUCTURE.—In this subsection, the term ‘‘costs of in-
frastructure’’, used with respect to a one-stop center, means the nonper-
sonnel costs that are necessary for the general operation of the one-stop
center (whether for in-person or virtual service delivery), including the rent-
al costs of the facilities, the costs of utilities and maintenance, equipment
(including assessment-related products and assistive technology for individ-
uals with disabilities), and technology to facilitate access to the one-stop
center, including the center’s planning and outreach activities.
‘‘(3) ADDITIONAL FUNDING.—
‘‘(A) IN GENERAL.—In the case of a local area for which funds allocated
under paragraph (2) are insufficient to cover the total costs of infrastruc-
ture of one-stop centers in such local area, the local board, chief elected offi-
cials, and one-stop partners described in subsection (b)(1) in such local area
may fund such costs through methods agreed on by the local board, chief
elected officials, and one-stop partners (and described in the memorandum
of understanding described in subsection (c)).
‘‘(B) GUIDANCE FOR INFRASTRUCTURE FUNDING.—The Governor, after con-
sultation with chief elected officials, local boards, and the State board, and
consistent with the guidance and policies provided by the State board under
subparagraphs (B) and (C)(i) of section 101(d)(7), shall provide, for the use
of local areas under subparagraph (A)—
‘‘(i) guidelines for State-administered one-stop partner programs, for
determining such programs’ contributions to a one-stop delivery sys-
tem, based on such programs’ proportionate use of such system con-
sistent with chapter II of title 2, Code of Federal Regulations (or any
corresponding similar regulation or ruling), including determining
funding for the costs of infrastructure, which contributions shall be ne-
gotiated pursuant to the memorandum of understanding under sub-
section (c); and
‘‘(ii) guidance to assist local boards, chief elected officials, and one-
stop partners in local areas in determining equitable and stable meth-
ods of funding the costs of infrastructure of one-stop centers in such
areas.’’.
(g) OTHER FUNDS.—Section 121(i)(2) (29 U.S.C. 3151(i)(2)) is amended by striking
‘‘basic skills’’ and inserting ‘‘foundational skill needs’’.
SEC. 222. IDENTIFICATION OF ELIGIBLE PROVIDERS OF TRAINING SERVICES.
(a) ELIGIBILITY.—Section 122(a) (29 U.S.C. 3152(a)) is amended by adding at the
end the following:
‘‘(4) CONSUMER CHOICE.—In establishing criteria, information requirements,
and procedures under this subsection, the Governor shall not limit the provision
of consumer choice under section 134(c)(3)(F).’’.
(b) CRITERIA AND INFORMATION REQUIREMENTS.—Section 122(b) (29 U.S.C.
3152(b)) is amended—
(1) in paragraph (1)—
(A) by amending the matter preceding subparagraph (A) to read as fol-
lows: ‘‘The criteria established pursuant to subsection (a) shall include cri-
teria on each of the following:’’; and
(B) in subparagraph (A)(i), striking ‘‘performance accountability meas-
ures’’ and inserting ‘‘levels of performance achieved on the indicators de-
scribed in section 116’’;
(C) in subparagraph (B)—
(i) by striking ‘‘The need to ensure’’ and inserting ‘‘Ensuring’’; and
(ii) by inserting ‘‘and online learning platforms’’ after ‘‘technology’’;
(D) by amending subparagraph (D) to read as follows:
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‘‘(D)(i) With respect to each training program of each such provider—
‘‘(I) the degree to which the training program—
‘‘(aa) relates to in-demand industry sectors and occupations in
the State or local areas within the State, based on analysis of labor
market data and direct engagement with local employers; and
‘‘(bb) satisfies any applicable educational requirements for profes-
sional licensure or certification, including licensure or certification
examinations needed to practice or find employment in the sectors
or occupations for which the program prepares the individual in
the State; and
‘‘(II) the expected—
‘‘(aa) recognized postsecondary credentials earned as part of such
program;
‘‘(bb) employment opportunities upon program completion;
‘‘(cc) median earnings of individuals during the fourth quarter
after exit from the program, as compared to median earnings of oc-
cupations for which the program prepares the individual in the
State and local area;
‘‘(dd) program cost of such program;
‘‘(ee) competencies taught as part of such program that align to
expected job opportunities;
‘‘(ff) time to completion of such program; and
‘‘(gg) alignment of such program to career pathways; and
‘‘(ii)(I) Subject to subclauses (II) and (III), the information described in
clause (i) shall be validated in accordance with guidance issued by the Sec-
retary with respect to each training program of each such provider, which
may include validation, by at least one of the following entities:
‘‘(aa) 3 or more employers.
‘‘(bb) An industry association.
‘‘(cc) A labor organization or joint labor-management organization, or
an industry or sector partnership.
‘‘(II) The requirements of subclause (I) shall not apply to any program
that is—
‘‘(aa) offered by a public institution of higher education; or
‘‘(bb) accredited by a programmatic accrediting agency (as defined in
section 602.3 of title 34, Code of Federal Regulations (or successor regu-
lations)).
‘‘(III) An entity listed in item (aa), (bb), or (cc) of subclause (I) that is pro-
viding validation under this clause with respect to a training program may
not be the provider of such training program.’’;
(E) by striking subparagraphs (E), (F), (G), and (H);
(F) by redesignating subparagraphs (I) and (J) as subparagraphs (E) and
(F), respectively; and
(G) in subparagraph (F), as so redesignated—
(i) by amending clause (i) to read as follows:
‘‘(i) the accountability of the providers, including in the case of a
training program that is offered by an institution of higher education,
that such institution has not been subject, during the 5 years preceding
the date of the determination of whether such a provider meets such
criteria, to—
‘‘(I) any suspension, emergency action, or termination of pro-
grams under title IV of the Higher Education Act of 1965;
‘‘(II) any adverse action by the accrediting agency or association
of the institution of higher education; or
‘‘(III) any action by the State to revoke a license or other author-
ity to operate;’’; and
(ii) in clause (ii), by striking ‘‘one-stop centers’’ and inserting ‘‘local
boards’’;
(2) in paragraph (2)—
(A) by striking ‘‘The information’’ and inserting the following:
‘‘(A) PROVIDERS OF TRAINING SERVICES.—The information’’
(B) by redesignating subparagraphs (A) through (E) as clauses (i) through
(v), respectively: and
(C) by adding at the end the following:
‘‘(B) STATES.—The State shall make available on a publicly accessible
website and in a manner that does not reveal personally identifiable infor-
mation—
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24
‘‘(i) the criteria, information requirements, and procedures regarding
the eligibility of providers of training services established pursuant to
subsection (a); and
‘‘(ii) the appropriate, accurate, and timely information each provider
of training services submits to the State in accordance with subpara-
graph (A) of this paragraph.’’;
(3) in paragraph (4)—
(A) in subparagraph (B)—
(i) by striking ‘‘section 122 of the Workforce Investment Act of 1998,
as in effect on the day before the date of enactment of this Act’’ and
inserting ‘‘section 122, as in effect on the date before the date of enact-
ment of the Workforce Innovation and Opportunity Act of 2022’’; and
(ii) by inserting at the end the following: ‘‘A Governor shall make an
eligibility determination under this paragraph with respect to a pro-
vider not later than 60 days after receipt of an application for such a
determination from such provider.’’;
(B) in subparagraph (C) by inserting ‘‘, including to the extent practicable
for the 2-year period preceding the date of the provider’s application under
this paragraph’’ after ‘‘subtitle’’; and
(C) in subparagraph (D)—
(i) in clause (i), by striking ‘‘a factor’’ and inserting ‘‘the levels of per-
formance achieved’’;
(ii) in clause (iii), by striking ‘‘and’’ at the end;
(iii) in clause (iv), by striking the period at the end and inserting ‘‘;
and’’; and
(iv) by adding at the end the following:
‘‘(v) a factor related to serving individuals with barriers to employ-
ment.’’.
(c) PROCEDURES.—Section 122(c)(2) (29 U.S.C. 3152(c)(2)), by striking ‘‘biennial’’
and inserting ‘‘annual’’.
(d) LIST AND INFORMATION TO ASSIST PARTICIPANTS IN CHOOSING PROVIDERS.—
Section 122(d)(3) (29 U.S.C. 3152(d)(3)), by inserting ‘‘on a publicly accessible
website that is consumer-tested and is searchable and comparable, through the use
of common, linked, open-data description language’’ after ‘‘individual participant’’.
(e) ENFORCEMENT.—Section 122(f)(1) (29 U.S.C. 3152(f)(1)) is amended to read as
follows:
‘‘(1) IN GENERAL.—The procedures established under this section shall provide
the following:
‘‘(A) FAILURE TO MEET PROGRAM REQUIREMENTS.—In addition to the viola-
tions described in subparagraph (B), any provider of training services eligi-
ble to receive funds under chapter 3—
‘‘(i) shall have such eligibility terminated for a period of 1 year upon
a determination by an individual or entity specified in the procedures,
that such provider—
‘‘(I) in a case in which the provider receives initial eligibility
under subsection (b)(4), failed to report information as required
under subsection (b)(4)(C);
‘‘(II) failed to inform the State board or local board that the
training program of such provider has changed, and as a result of
such change the information with respect to such training program
under subsection (b)(1) used by the Governor to determine the pro-
vider’s eligibility to receive such funds no longer accurately de-
scribes such training program; or
‘‘(III) failed to meet the expected performance as described in
subsection (b)(4)(D); or
‘‘(ii) may have such eligibility terminated as a result of offering a pro-
gram for a period of less than 2 years—
‘‘(I) that is no longer aligned to in-demand industry sectors or oc-
cupations; or
‘‘(II) that results in employment with wages below the median
earnings for the occupation in the State or local area due to the
insufficient quality of training provided under the program.
‘‘(B) SUBSTANTIAL VIOLATIONS.—Upon a determination, by an individual
or entity specified in the procedures, that a provider of training services
substantially violated any requirement under this title, or that an indi-
vidual providing information on behalf of the provider intentionally sup-
plied inaccurate information under this section, the eligibility of such pro-
vider to receive funds under chapter 3 for the program involved shall be
terminated for a period of not less than 2 years.
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25
‘‘(C) REPAYMENT.—A provider of training services whose eligibility is ter-
minated under subparagraph (A) or (B) of this paragraph shall be liable for
the repayment of funds received under chapter 3 during a period of viola-
tion described in such subparagraph.’’.
(f) TRANSITION PERIOD.—Section 122(i) ((29 U.S.C. 3152(i)) is amended to read as
follows:
‘‘(i) TRANSITION PERIOD FOR IMPLEMENTATION.—The Governor and local boards
shall implement the requirements of this section, as amended by the Workforce In-
novation and Opportunity Act of 2022, not later than 12 months after the date of
enactment of such Act, except that the criteria established under items (ff) and (gg)
of subsection (b)(1)(D)(i)(II) may not be used until the date that is 3 years after the
date of enactment of such Act.’’.
CHAPTER 2—YOUTH WORKFORCE INVESTMENT ACTIVITIES
SEC. 231. STATE ALLOTMENTS.
Section 127 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3162) is
amended—
(1) by amending subsection (a)(1) to read as follows:
‘‘(1) reserve 11⁄2 percent of funds appropriated under section 136(a), for each
fiscal year for which funds are appropriated under such section, to provide
youth workforce investment activities under section 167 (relating to migrant
and seasonal farmworkers); and’’; and
(2) in subsection (b)(1)—
(A) in subparagraph (A), by striking ‘‘not more than 11⁄2’’ and inserting
‘‘2’’; and
(B) in subparagraph (B)(i), by striking ‘‘1⁄4 of’’.
SEC. 232. WITHIN STATE ALLOCATIONS.
Section 128(b) of the Workforce Innovation and Opportunity Act (29 U.S.C.
3163(b)) is amended by adding at the end the following:
‘‘(5) TRANSFER AUTHORITY.—A local board may transfer, if such a transfer is
approved by the Governor, up to and including 100 percent of the funds allo-
cated to the local area under section 130(a)(2), and up to and including 100 per-
cent of the funds allocated to the local area under this subsection for a fiscal
year between—
‘‘(A) activities under section 129(c); and
‘‘(B) activities under section 130.’’.
SEC. 233. USE OF FUNDS FOR YOUTH WORKFORCE INVESTMENT ACTIVITIES.
(a) COMPREHENSIVE LOCAL NEEDS ASSESSMENT.—Section 129(a) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3164(a)) is amended to read as follows:
‘‘(a) COMPREHENSIVE LOCAL NEEDS ASSESSMENT.—
‘‘(1) IN GENERAL.—In order to determine which subpopulation of eligible youth
a local area can best serve, a local board shall ensure that the comprehensive
needs assessment related to youth workforce investment activities under section
108(b)(9) of the local plan shall meet the requirements of this subsection, and
shall be updated at least once every 4 years.
‘‘(2) REQUIREMENTS.—A comprehensive local needs assessment described in
paragraph (1) with respect to a local area shall include each of the following:
‘‘(A) An evaluation of the performance of the eligible youth served by the
local area with respect to State determined and local levels of performance
established pursuant to section 116.
‘‘(B) A description of how youth workforce investment activities offered by
the local area are—
‘‘(i) sufficient in size, scope, and quality to meet the needs of eligible
youth in the local area;
‘‘(ii) aligned to State, regional, Tribal, or local in-demand industry
sectors or occupations (including career pathways), identified by the
State board or local board; and
‘‘(iii) developed in partnership with eligible youth in the local area
and aligned with their needs, including program elements and offer-
ings.
‘‘(C) An identification of successful models of youth workforce investment
activities.
‘‘(D) A description of the progress during the most recent 2 program years
covered by the local plan of the local area toward implementation of equal
access to high-quality youth workforce investment activities, including—
‘‘(i) strategies to provide eligible youth access to paid work experience
opportunities and career pathways;
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26
‘‘(ii) strategies to overcome barriers that result in lower rates of ac-
cess to, or performance gaps in, youth workforce investment activities
for eligible youth;
‘‘(iii) providing programs and activities that are designed to enable el-
igible youth to attain a secondary school diploma or its equivalent, or
recognized postsecondary credentials;
‘‘(iv) providing programs and activities to prepare eligible youth for
high-skill, high-wage, or in-demand industry sectors or occupations that
will lead to self-sufficiency; and
‘‘(v) strategies to identify the local area needs of the subpopulations
of eligible youth described in section 128(b)(4)(A)(i).
‘‘(3) CONSULTATION.—In conducting the comprehensive needs assessment
under paragraph (1)(A), the local area shall involve a diverse body of stake-
holders, including, at a minimum—
‘‘(A) representatives of local educational agencies, including representa-
tives of career and technical education programs;
‘‘(B) eligible providers of training services, including eligible providers of
apprenticeship programs and pre-apprenticeship programs, and providers of
internships, paid or unpaid work experience opportunities, or transitional
jobs;
‘‘(C) representatives of business and industry (including representatives
of small business), which shall include representatives of industry and sec-
tor partnerships in the State;
‘‘(D) interested community representatives, including community-based
organizations;
‘‘(E) representatives of eligible youth, including representatives of re-
gional or local agencies serving eligible youth;
‘‘(F) representatives of Indian Tribes and Tribal organizations in the
State, where applicable; and
‘‘(G) any other stakeholders that the State may require the local area to
consult.
‘‘(4) CONTINUED CONSULTATION.—Each local area receiving financial assist-
ance under this chapter shall consult with stakeholders described in paragraph
(3) on an ongoing basis, as determined by the Governor. This may include con-
sultation in order to—
‘‘(A) provide input on quadrennial updates to the comprehensive needs as-
sessment required under paragraph (1)(A);
‘‘(B) ensure youth workforce investment activities—
‘‘(i) are responsive to local area employment needs;
‘‘(ii) are responsive to local area youth’s career interests and goals;
‘‘(iii) are aligned with employment priorities in the State, regional,
tribal, or local economy identified by employers and the entities de-
scribed in paragraph (3), which may include high-skill, high-wage, or
in-demand industry sectors or occupations identified by the local board;
‘‘(iv) are informed by labor market information, including information
provided under section 15(e)(2)(C) of the Wagner-Peyser Act (29 U.S.C.
491–2(e)(2)(C));
‘‘(v) are designed to meet current, intermediate, or long-term labor
market projections; and
‘‘(vi) allow employer input, including input from industry or sector
partnerships in the local area, where applicable, into the development
and implementation of youth workforce investment activities to ensure
such activities align with skills and competencies required by local em-
ployment opportunities, including activities such as the identification of
relevant skills, competencies, recognized postsecondary credentials, and
current technology and equipment;
‘‘(C) identify and encourage opportunities for work-based learning; and
‘‘(D) ensure funding under this part is used in a coordinated manner with
other local resources.’’.
(b) STATEWIDE ACTIVITIES.—Section 129(b) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3164(b)) is amended—
(1) by amending paragraph (1)(B) to read as follows:
‘‘(B) disseminating the list of eligible providers of youth workforce invest-
ment activities, as determined under section 123, including in transparent,
linked, open, and interoperable data formats;’’; and
(2) in paragraph (2)—
(A) in subparagraph (C), by striking ‘‘described in section 134(c)(2)’’ and
inserting ‘‘, including individualized career services,’’;
(B) in subparagraph (D)(v), by striking ‘‘and’’ at the end;
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27
(C) in subparagraph (E), by striking the period at the end and inserting
‘‘; and’’; and
(D) by adding at the end the following:
‘‘(F) establishing, supporting, and expanding work-based learning oppor-
tunities, including transitional jobs, that are aligned with career path-
ways.’’.
(c) LOCAL ELEMENTS AND REQUIREMENTS.—
(1) PROGRAM DESIGN.—Section 129(c)(1) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3164(c)(1)) is amended—
(A) in subparagraph (C)—
(i) in clause (iv), by striking ‘‘in appropriate cases’’ and inserting ‘‘in-
cluding paid work-based learning opportunities’’; and
(ii) in clause (v), by inserting ‘‘high-skill, high-wage, or’’ before ‘‘in-
demand’’; and
(B) in subparagraph (D), by striking ‘‘10 percent’’ and inserting ‘‘15 per-
cent’’.
(2) PROGRAM ELEMENTS.—Section 129(c)(2) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3164(c)(2) is amended to read as follows:
‘‘(2) PROGRAM ELEMENTS.—In order to support the attainment of a secondary
school diploma or its recognized equivalent, entry into postsecondary education,
and career readiness for participants, local areas shall ensure that each of fol-
lowing elements are provided under the programs described in paragraph (1),
as appropriate, to meet the needs of eligible youth in the local area:
‘‘(A) Tutoring, study skills training, instruction, and dropout prevention
and recovery strategies that lead to completion of the requirements for a
secondary school diploma or its recognized equivalent (including a recog-
nized certificate of attendance or similar document for individuals with dis-
abilities) or for a recognized postsecondary credential.
‘‘(B) Alternative secondary school services, or dropout recovery services,
as appropriate.
‘‘(C) Work-based learning experiences, which—
‘‘(i) may include summer and year-round employment opportunities
that meet the requirements of section 130; and
‘‘(ii) may include, to the extent practicable—
‘‘(I) pre-apprenticeship or apprenticeship programs;
‘‘(II) internships and job shadowing; and
‘‘(III) on-the-job training opportunities.
‘‘(D) Occupational skill training, which shall include priority consider-
ation for training programs that lead to recognized postsecondary creden-
tials that are aligned with high-skill, high-wage, or in-demand industry sec-
tors or occupations in the local area involved, if the local board determines
that the programs meet the quality criteria described in section 123.
‘‘(E) Education offered concurrently with and in the same context as
workforce preparation activities and training for a specific occupation or oc-
cupational cluster.
‘‘(F) Leadership development opportunities, which may include commu-
nity service and peer-centered activities encouraging responsibility and
other positive social and civic behaviors, as appropriate.
‘‘(G) Supportive services.
‘‘(H) Adult mentoring for the period of participation and a subsequent pe-
riod, for a total of not less than 12 months.
‘‘(I) Follow-up services for the longer of 36 months or the completion of
any postsecondary education or training to which participants are referred
after completion of such program.
‘‘(J) Comprehensive guidance and counseling, including trauma-informed
approaches.
‘‘(K) Financial literacy education.
‘‘(L) Entrepreneurial skills training.
‘‘(M) Services that provide labor market and employment information
about high-skill, high-wage, or in-demand industry sectors or occupations
available in the local area, such as career awareness, career counseling, and
career exploration services, which may include providing such services to el-
ementary and secondary schools (as defined in section 8101 of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 7801)).
‘‘(N) Activities that help youth prepare for and transition to postsec-
ondary education and training.
‘‘(O) Digital skills training, including access to training that supports
basic digital literacy.’’.
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(3) CONSISTENCY WITH COMPULSORY SCHOOL ATTENDANCE LAWS.—Section
129(c)(4) (29 U.S.C. 3164(c)(4)) is amended to read as follows:
‘‘(4) CONSISTENCY WITH COMPULSORY SCHOOL ATTENDANCE LAWS.—In pro-
viding assistance under this section to an individual who is required to attend
school under applicable State compulsory school attendance laws, the priority
in providing such assistance shall be for the individual to attend school regu-
larly.’’.
SEC. 234. SUMMER AND YEAR-ROUND EMPLOYMENT FOR YOUTH.
Chapter 2 of subtitle B of title I of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3111 et seq.), as amended by the preceding sections, is further amended
by adding at the end the following:
‘‘SEC. 130. SUMMER AND YEAR-ROUND EMPLOYMENT FOR YOUTH.
‘‘(a) FUNDING.—
‘‘(1) STATE ALLOTMENT.—From the amount appropriated under section 136(b)
for a fiscal year, the Secretary shall allot funds to each State on the basis of
the relative allotment the State received under section 127(b) for such fiscal
year, compared to the total amount allotted to all States under section 127(b)
for such fiscal year.
‘‘(2) LOCAL AREA ALLOCATION.—A State shall use the funds allotted under
paragraph (1) for a fiscal year to allocate funds to each local area of the State
on the basis of the relative allocation the local area received under section
128(b) for such fiscal year, compared to the total amount allocated to all local
areas in the State under section 128(b) for such fiscal year.
‘‘(b) ACTIVITIES.—The local board of a local area covered by the local plan sub-
mitted under section 108—
‘‘(1) shall use the funds received under this section to—
‘‘(A) plan, develop, and carry out a summer employment program or a
year-round employment program described in subsection (c);
‘‘(B) increase the number of summer or year-round employment opportu-
nities offered through such program, including unsubsidized or partly sub-
sidized opportunities, and opportunities in the private sector;
‘‘(C) engage or establish industry or sector partnerships to determine local
employment needs to inform the establishment of such a program; and
‘‘(D) conduct outreach to eligible youth and employers; and
‘‘(2) may—
‘‘(A) use the funds received under this section to develop technology infra-
structure, including data and management systems, to support such a pro-
gram;
‘‘(B) use such funds to enhance the program elements required under sub-
section (c)(1); and
‘‘(C) use not more than 25 percent of such funds to subsidize not more
than 65 percent of the wages of each eligible youth participating in such
a program.
‘‘(c) SUMMER AND YEAR-ROUND EMPLOYMENT PROGRAM REQUIREMENTS.—
‘‘(1) PROGRAM ELEMENTS.—A summer employment program or a year-round
employment program described in this subsection shall include the following
program elements:
‘‘(A) Work-readiness training (including soft skills) and educational pro-
grams aligned to career pathways for eligible youth to enhance their year-
round employment opportunities, including digital literacy and online work-
readiness opportunities, as appropriate, and support obtaining documenta-
tion needed for employment, such as identification or licenses.
‘‘(B) Coaching and mentoring services for eligible youth participating in
the program to enhance their summer or year-round employment opportu-
nities and encourage completion of such opportunities through the program.
‘‘(C) Coaching and mentoring services for employers on how to success-
fully employ each eligible youth participating in the program in meaningful
work, including providing a safe work and training environment for all par-
ticipants, regardless of race, color, disability, age, religion, national origin,
sexual orientation, or gender identity.
‘‘(D) Career exploration, career counseling, career planning, and college
planning services for eligible youth participating in the program.
‘‘(E) High-quality financial literacy education as described in section
129(b)(2)(D), for eligible youth participating in the program, including edu-
cation on the use of credit and financing higher education, and access to
safe and affordable banking.
‘‘(F) Providing supportive services to eligible youth, or connecting such
youth to supportive services provided by another entity, to enable participa-
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29
tion in the program, which may include food and nutrition services, and
health and mental health care supports.
‘‘(G) Follow-up services for not less than 12 months after the completion
of participation, as appropriate.
‘‘(H) Integration of services provided by the program with youth develop-
ment programs, secondary school programs, career and technical education
programs, youth workforce investment activities under this chapter, and
skills training programs funded by the State or Federal Government, as ap-
plicable.
‘‘(I) Connecting youth participating in the program to providers of youth
services, adult employment and training services, vocational rehabilitation
services, adult education and family literacy services under title II, career
pathways, postsecondary education, or skills training programs funded by
the State or Federal Government, as applicable.
‘‘(J) Commitment and support from mayors or county executives to sup-
port the execution of the program.
‘‘(2) PROGRAM DESIGN.—
‘‘(A) SUMMER EMPLOYMENT PROGRAM.—In addition to the program ele-
ments described in paragraph (1), a summer employment program de-
scribed in this subsection shall be a program that matches eligible youth
participating in such program with an appropriate employer (based on fac-
tors including the needs of the employer and the age, skill, and aspirations
of the eligible youth) for high-quality summer employment, which—
‘‘(i) may not be less than 4 weeks; and
‘‘(ii) may not pay less than the greater of the applicable Federal,
State, or local minimum wage.
‘‘(B) YEAR-ROUND EMPLOYMENT PROGRAM.—In addition to the program
elements described in paragraph (1), a year-round employment program de-
scribed in this subsection shall be a program that matches each eligible
youth participating in the program with an appropriate employer, based on
factors (including the needs of the employer and the age, skill, and in-
formed aspirations of the participant) for high-quality, year-round employ-
ment, which—
‘‘(i) may not be less than 180 days and more than 1 year;
‘‘(ii) may not pay less than the greater of the applicable Federal,
State, or local minimum wage; and
‘‘(iii) may not employ the eligible youth for less than 20 hours per
week.
‘‘(3) PRIORITY.—In carrying out a summer employment program or a year-
round employment program receiving assistance under this section, a local area
shall give priority to year-round employment opportunities offered under such
program—
‘‘(A) in existing or emerging high-skill, high-wage, or in-demand industry
sectors or occupations; or
‘‘(B) that meet community needs in the public, private, or nonprofit sec-
tor.
‘‘(d) PERFORMANCE ACCOUNTABILITY.—For each local board carrying out a summer
or year-round employment program receiving assistance under this section, the pri-
mary indicators of performance, with respect to each such program, shall include—
‘‘(1) the performance metrics described in clause (i)(VI), and subparagraphs (I)
and (II) of clause (ii), of section 116(b)(2)(A);
‘‘(2) the percentage of eligible youth completing the summer or year-round
program, as applicable; and
‘‘(3) the percentage of youth having participated in work-based learning.
‘‘(e) REPORTS.—
‘‘(1) IN GENERAL.—In addition to information required as part of the State
performance report described in section 116(d)(2), each State shall include for
each summer and year round employment program receiving assistance under
this section—
‘‘(A) the number of eligible youth participating in the program who com-
plete a summer employment opportunity or a year-round employment op-
portunity through the program;
‘‘(B) the average cost per participant to develop or expand such program,
and the activities and services, and supportive services provided under such
program;
‘‘(C) the number of eligible youth participating in such program and ac-
cessing services as described in subparagraph (B);
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‘‘(D) the number of youth participants receiving a subsidized wage, and
the total amount and source of each such subsidy, including the average
amount of the subsidy covered by funds received under this section;
‘‘(E) the average number of hours and weeks worked and the average
amount of wages earned by eligible youth participating in the program;
‘‘(F) the average number of hours spent on—
‘‘(i) recruitment and retention strategies; and
‘‘(ii) support for participating youth, such as time management, ca-
reer planning, and financial literacy training;
‘‘(G) the percent of eligible youth participating in the program that are
placed in—
‘‘(i) an employment opportunity in the nonprofit sector;
‘‘(ii) an employment opportunity in the public sector; and
‘‘(iii) an employment opportunity in the for-profit sector; and
‘‘(H) any other information that the Secretary of Labor determines nec-
essary to monitor the effectiveness of the summer or year-round employ-
ment program.
‘‘(2) DISAGGREGATION.—The information required to be reported under sub-
paragraphs (A), (B), and (G) of paragraphs (1) shall be disaggregated by race,
ethnicity, sex, age, and the subpopulations of eligible youth (as defined in sec-
tion 3).’’.
CHAPTER 3—ADULT AND DISLOCATED WORKER EMPLOYMENT AND
TRAINING ACTIVITIES
SEC. 241. WITHIN STATE ALLOCATIONS.
Section 133(b)(2) (29 U.S.C. 3173(b)(2)) is amended—
(1) in subparagraph (A)(iii), by striking ‘‘The term, used with respect to fiscal
year 2013 or 2014, means a percentage of the amount allocated to local areas
under paragraphs (2)(A) and (3) of section 133(b) of the Workforce Investment
Act of 1998 (as in effect on the day before the date of enactment of this Act),
received through an allocation made under paragraph (2)(A) or (3) of that sec-
tion for fiscal year 2013 or 2014, respectively.’’; and
(2) in subparagraph (B)(iv), by striking ‘‘The term, used with respect to fiscal
year 2014, means a percentage of the amount allocated to local areas under sec-
tion 133(b)(2)(B) of the Workforce Investment Act of 1998 (as in effect on the
day before the date of enactment of this Act), received through an allocation
made under that section for fiscal year 2014.’’.
SEC. 242. USE OF FUNDS FOR EMPLOYMENT AND TRAINING ACTIVITIES.
(a) REQUIRED STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES.—
(1) STATEWIDE RAPID RESPONSE ACTIVITIES.—Section 134(a)(2)(A)(ii) (29 U.S.C.
3174(a)(2)(A)(ii)) is amended by striking ‘‘, and section 133(a)(2) of the Work-
force Investment Act of 1998 (as in effect on the day before the date of enact-
ment of this Act)’’.
(2) STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES.—Section 134(a)(2)(B)(i)
(29 U.S.C. 3174(a)(2)(B)) is amended by striking subclauses (III) and (IV) and
inserting the following:
‘‘(III) local areas by providing information on and support for the
effective development, convening, and implementation of industry
or sector partnerships described in subsection (c)(5);
‘‘(IV) local areas for carrying out career pathway development ef-
forts, which may include alignment and coordination efforts with
career and technical education programs of study; and
‘‘(V) local areas, one-stop operators, one-stop partners, and eligi-
ble providers, including for—
‘‘(aa) the continuous development and training of staff on
strategies for preparing individuals with barriers to employ-
ment to enter in-demand industry sectors or occupations and
nontraditional occupations;
‘‘(bb) the development of exemplary program activities; and
‘‘(cc) the provision of technical assistance to local areas that
fail to meet local performance accountability measures de-
scribed in section 116(c);’’.
(b) ALLOWABLE STATEWIDE EMPLOYMENT AND TRAINING ACTIVITIES.—Section
134(a)(3)(A) (29 U.S.C. 3174(a)(3)(A)) is amended—
(1) in clause (ii), by inserting ‘‘or bringing evidenced-based programs to scale’’
after ‘‘strategies’’;
(2) by amending clause (iii) to read as follows:
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‘‘(iii) the development or identification of, and sharing of information
(in transparent, linked, open, and interoperable data formats) about,
education and training programs that—
‘‘(I) respond to real-time labor market analysis;
‘‘(II) utilize direct assessment and prior learning assessment to
measure and provide credit for prior knowledge, skills, com-
petencies, and experiences;
‘‘(III) evaluate such skills and competencies for adaptability, en-
sure credits are portable and stackable for more skilled employ-
ment; and
‘‘(IV) accelerate course or credential completion, and facilitate the
sharing of information about such programs in transparent, linked,
open, and interoperable data formats;’’;
(3) by amending clause (v) to read as follows:
‘‘(v) supporting the development of alternative programs and other
activities that enhance the choices available to older individuals (in-
cluding options for self-employment and other wage-earning activities
that lead to economic self-sufficiency), and enhance skills (such as dig-
ital literacy) in older individuals;’’;
(4) in clause (viii)(II)—
(A) by amending item (dd) to read as follows:
‘‘(dd) adult education, literacy, and digital literacy activities,
including those provided by public libraries;’’;
(B) in item (ee), by striking ‘‘ex-offenders’’ and inserting ‘‘justice-involved
individuals’’;
(C) by striking ‘‘and’’ at the end of item (ff); and
(D) by adding at the end the following:
‘‘(gg) programs under the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.) that support employment and economic se-
curity; and
‘‘(hh) State domestic violence coalitions (as defined in section
302 of the Family Violence Prevention and Services Act (42
U.S.C. 10402)) and tribal coalitions (as defined in section
40002(a) of the Violence Against Women Act of 1994 (34 U.S.C.
12291(a))).’’.
(c) REQUIRED LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.—
(1) IN GENERAL.—Section 134(c)(1)(A) (29 U.S.C. 3174(c)(1)(A)) is amended by
striking clauses (iv) and (v) and inserting the following:
‘‘(iv) to provide supportive services described in paragraph (4) to
adults and dislocated workers, respectively, through the one-stop deliv-
ery system in accordance with such paragraph;
‘‘(v) to establish and develop relationships and networks with large
and small employers and their intermediaries; and
‘‘(vi) to develop, convene, or implement industry or sector partner-
ships described in paragraph (5).’’.
(2) CAREER SERVICES.—
(A) SERVICES PROVIDED.—Section 134(c)(2)(A) (29 U.S.C. 3174(c)(2)(A)) is
amended—
(i) by amending clause (iii) to read as follows:
‘‘(iii) initial assessment of skill levels (including literacy, digital lit-
eracy, numeracy, and English language proficiency), competencies,
abilities, current applicable foreign academic and professional creden-
tials, guidance and services on transferring high-skilled foreign certifi-
cations, and supportive service needs, which may include diagnostic
testing and use of other assessment tools;’’;
(ii) by amending clause (vi) to read as follows:
‘‘(vi) provision of workforce and labor market employment statistics
information and related skills development information, including the
provision of accurate information relating to local, regional, and na-
tional labor market areas, including—
‘‘(I) job vacancy listings in such labor market areas;
‘‘(II) information on job skills and credentials necessary to obtain
the jobs described in subclause (I); and
‘‘(III) information on education and skills development programs
that are available for attaining needed skills and credentials for
the jobs described in subclause (I), including information—
‘‘(aa) on the pathways to such skills and credentials (includ-
ing information on career pathway programs in the local area);
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‘‘(bb) on the quality of such education and training programs,
consistent with the performance information provided under
clause (vii); and
‘‘(cc) on the comparability of current foreign academic and
professional certifications to needed skills and credentials; and
‘‘(IV) information relating to local occupations in demand and the
earnings, skill requirements, and opportunities for advancement
for such occupations;’’;
(iii) by amending clause (xi) to read as follows:
‘‘(xi) assistance in identifying and establishing eligibility for programs
of financial aid assistance for training and education programs that are
not funded under this Act, including Federal financial aid under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) and
through State-funded education and training programs;’’;
(iv) in clause (xii), by striking subclauses (IV) through (XI) and in-
serting the following:
‘‘(IV) individual counseling, including career counseling;
‘‘(V) career planning;
‘‘(VI) assessment and development of employability skills, includ-
ing development of learning skills, communication skills, inter-
viewing skills, punctuality, and professional conduct, to prepare in-
dividuals for unsubsidized employment or training;
‘‘(VII) financial literacy services, such as the activities described
in section 129(b)(2)(D);
‘‘(VIII) out-of-area job search assistance and relocation assist-
ance; or
‘‘(IX) English language acquisition and integrated education and
training programs; and’’; and
(v) in clause (xiii), by inserting ‘‘and options for further skill upgrad-
ing and career advancement’’ after ‘‘the workplace’’.
(B) USE OF PREVIOUS ASSESSMENTS.—Subparagraph (B) of section
134(c)(2) (29 U.S.C. 3174(c)(2)) is amended to read as follows:
‘‘(B) USE OF PREVIOUS ASSESSMENTS.—A one-stop operator or one-stop
partner shall not be required to conduct a new interview, evaluation, or as-
sessment of a participant under subparagraph (A)(xii) if the one-stop oper-
ator or one-stop partner determines that it is—
‘‘(i) appropriate to use a recent interview, evaluation, or assessment
of the participant conducted for another education or training program;
and
‘‘(ii) using such recent interview, evaluation, or assessment may ac-
celerate eligibility determination or facilitate enrollment in a training
program for which such participant has been selected.’’.
(C) DELIVERY OF SERVICES.—Subparagraph (C) of section 134(c)(2) (29
U.S.C. 3174(c)(2)) is amended by inserting ‘‘or community-based organiza-
tions to serve individuals with barriers to employment,’’ after ‘‘nonprofit
service providers,’’.
(3) TRAINING SERVICES.—
(A) IN GENERAL.—Section 134(c)(3)(A) (29 U.S.C. 3174(c)(3)(A)) is amend-
ed—
(i) in clause (i)(II), by inserting before the semicolon at the end the
following: ‘‘, or to jobs that may be performed remotely’’; and
(ii) by adding at the end the following:
‘‘(iv) ADULT EDUCATION AND FAMILY LITERACY ACTIVITIES.—In the
case of an individual who is determined to not have the skills and
qualifications to successfully participate in the selected program of
training services under clause (i)(I)(cc), the one-stop operator or one-
stop partner shall make available, or refer such individual to, adult
education and family literacy activities under title II.’’.
(B) QUALIFICATION.—Section 134(c)(3)(B) (29 U.S.C. 3174(c)(3)(B)) is
amended by adding at the end the following:
‘‘(iv) PARTICIPATION DURING PENDING APPLICATION.—An individual
who meets the eligibility requirements under subparagraph (A)(i) to
participate in a program of training services may participate in such
a program during the period in which such individual’s enrollment in
such program is being reviewed under this section, except that the pro-
vider of such program shall only receive reimbursement under this Act
for the individual’s participation during such period if such individual’s
enrollment is approved under this section.’’.
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(C) TRAINING SERVICES.—Section 134(c)(3)(D) is amended, in the matter
preceding clause (i), by striking ‘‘Training services may include’’ and insert-
ing ‘‘Training services may be delivered in-person or virtually, and may in-
clude’’.
(D) PRIORITY.—Section 134(c)(3)(E) (29 U.S.C. 3174(c)(3)(E)) is amended
to read as follows:
‘‘(E) PRIORITY.—
‘‘(i) IN GENERAL.—With respect to funds allocated to a local area for
adult employment and training activities under paragraph (2)(A) or (3)
of section 133(b), not less than 75 percent of such funds, used to pro-
vide career services described in paragraph (2)(A)(xii), training services,
and supportive services, shall be used to provide such services to—
‘‘(I) recipients of public assistance;
‘‘(II) other low-income individuals;
‘‘(III) individuals who have foundational skill needs; and
‘‘(IV) individuals with barriers to employment who are not de-
scribed in subclauses (I) through (III).
‘‘(ii) DETERMINATIONS OF PRIORITY.—The appropriate local board and
the Governor shall direct the one-stop operators in the local area with
regard to making determinations on how to prioritize the populations
listed in subclauses (I) through (IV) of clause (i) for purposes of clause
(i).’’;
(E) USE OF INDIVIDUAL TRAINING ACCOUNTS.—Section 134(c)(3)(G) (29
U.S.C. 3174(c)(3)(G)) is amended—
(i) by amending clause (i) to read as follows:
‘‘(i) IN GENERAL.—
‘‘(I) TRAINING SERVICES.—Except as provided in clause (ii), train-
ing services provided under this paragraph shall be provided
through the use of individual training accounts in accordance with
this paragraph, and shall be provided to eligible individuals
through the one-stop delivery system.
‘‘(II) AUTHORIZED COSTS.—An individual training account may
provide any costs with respect to such training services, as deter-
mined by the local board, including—
‘‘(aa) the costs of course materials, supplies, uniforms, tech-
nology, and other required fees for graduation, licensure, or
certification; and
‘‘(bb) in the case of a provider that charges tuition and fees
for a training program, the cost of such tuition and fees.’’;
(ii) in clause (ii), by amending subclause (IV) to read as follows:
‘‘(IV) the local board determines that there is a training program
demonstrating effectiveness (including cost effectiveness), and that
can be offered in the local area by a community-based organization
or another private, nonprofit organization to serve individuals with
barriers to employment;’’; and
(iii) by striking clauses (iii) and (iv) and inserting the following:
‘‘(iii) LINKAGE TO OCCUPATIONS IN DEMAND.—
‘‘(I) IN GENERAL.—Subject to subclause (II), training services pro-
vided under this paragraph shall be directly linked to an in-de-
mand industry sector or occupation in the local area or the plan-
ning region, or in another area to which an adult or dislocated
worker receiving such services is willing to relocate or that may be
performed remotely.
‘‘(II) EXCEPTION.— A local board may approve training services
for occupations determined by the local board to be in sectors of the
economy that have a high potential for sustained demand or
growth in the local area.
‘‘(iv) CREDENTIAL IN DEMAND.—To the extent practicable, training
services provided under this paragraph shall result in the attainment
of skills and credentials that are portable and stackable.
‘‘(v) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be
construed to preclude the combined use of individual training accounts
and contracts in the provision of training services, including arrange-
ments that allow individuals receiving individual training accounts to
obtain training services that are contracted for under clause (ii).’’.
(F) REIMBURSEMENT FOR ON-THE-JOB TRAINING.—Section 134(c)(3)(H) (29
U.S.C. 3174(c)(3)(H)) is amended to read as follows:
‘‘(H) REIMBURSEMENT FOR ON-THE-JOB TRAINING.—
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‘‘(i) REIMBURSEMENT LEVELS.—For purposes of the provision of on-
the-job training under this paragraph, the Governor or local board in-
volved may increase the amount of the reimbursement to an amount
of up to 90 percent of the wage rate of a participant for a program car-
ried out under chapter 2 or this chapter, if—
‘‘(I) the Governor approves the increase with respect to a pro-
gram carried out with funds reserved by the State under such
chapter, taking into account the factors described in clause (iii); or
‘‘(II) the local board approves the increase with respect to a pro-
gram carried out with funds allocated to a local area under such
chapter, taking into account the factors described in clause (iii).
‘‘(ii) VERIFICATION BY ONE-STOP OPERATOR.—The one-stop operator
within a local area shall—
‘‘(I) at least once during the on-the-job training program, verify
that the employer meets the conditions that—
‘‘(aa) were certified by the employer in the contract for such
program; and
‘‘(bb) are consistent with the factors described in clause (iii),
according to a methodology determined by the local board with
consent from the Governor; and
‘‘(II) terminate the employer’s contract for such program if the
employer is not meeting such conditions.
‘‘(iii) FACTORS.—For purposes of this subparagraph, the Governor or
local board, respectively, may take into account factors consisting of—
‘‘(I) basic indicators of job quality, including—
‘‘(aa) wage level upon completion of a training program;
‘‘(bb) availability of benefits, such as paid time off, health in-
surance, and retirement savings plan; and
‘‘(cc) a safe workplace, such as a record of compliance with
safety regulations consistent with or better than the industry
average and adoption of an independently certified injury and
illness prevention program;
‘‘(II) the characteristics of the participants;
‘‘(III) the size of the employer;
‘‘(IV) the quality of employer-provided training and advancement
opportunities; and
‘‘(V) such other factors as the Governor or local board, respec-
tively, may determine to be appropriate, which may include the
number of employees participating in the training, opportunities
for promotions, predictable and stable work schedule, and relation
of the training to the competitiveness of a participant.’’.
(4) SUPPORTIVE SERVICES.—Section 134(c) (29 U.S.C. 3174) is further amended
by adding at the end the following:
‘‘(4) SUPPORTIVE SERVICES.—
‘‘(A) IN GENERAL.—A portion of the funds allocated to a local area for
adults under paragraph (2)(A) or (3), as appropriate, of section 133(b), and
a portion of the funds allocated to the local area for dislocated workers
under section 133(b)(2)(B)—
‘‘(i) shall be used to provide supportive services (that are not needs-
related payments) to adults and dislocated workers, respectively—
‘‘(I) who are participating in programs with activities authorized
in paragraph (2) or (3) of subsection (c), or who entered unsub-
sidized employment after participating in such programs, for up to
12 months following the date of first employment; and
‘‘(II) who are unable to obtain such supportive services through
other programs providing such services; and
‘‘(ii) may be used to provide needs-related payments to adults and
dislocated workers, respectively, who are unemployed and do not qual-
ify for (or have ceased to qualify for) unemployment compensation for
the purpose of enabling such individuals to participate in programs of
training services under subsection (c)(3).
‘‘(B) ADDITIONAL ELIGIBILITY REQUIREMENTS FOR NEEDS-RELATED PAY-
MENTS.—In addition to the requirements contained in subparagraph (A)(ii),
a dislocated worker who has ceased to qualify for unemployment compensa-
tion may be eligible to receive needs-related payments under this para-
graph only if such worker is enrolled in training services.
‘‘(C) LEVEL OF PAYMENTS.—The level of a needs-related payment made to
a dislocated worker under this paragraph shall not exceed the greater of—
‘‘(i) the applicable level of unemployment compensation; or
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‘‘(ii) if such worker did not qualify for unemployment compensation,
an amount equal to 150 percent of the poverty line, for an equivalent
period, which amount shall be adjusted to reflect changes in total fam-
ily income.’’.
(d) PERMISSIBLE LOCAL EMPLOYMENT AND TRAINING ACTIVITIES.—
(1) IN GENERAL.—Section 134(d)(1)(A) (29 U.S.C. 3174(d)(1)(A)) is amended—
(A) in clause (vii)—
(i) by inserting ‘‘and’’ at the end of subclause (III); and
(ii) by adding at the end the following:
‘‘(IV) to strengthen, through professional development activities,
the knowledge and capacity of staff to use the latest digital tech-
nologies, tools and strategies to equitably deliver high quality serv-
ices and outcomes for jobseekers, workers, and employers;’’;
(B) in clause (viii), strike ‘‘displaced homemakers’’ and insert ‘‘displaced
caregivers’’; and
(C) in clause (ix)(II)(bb), by inserting ‘‘, technical assistance in support of
job quality, adoption of skills-based and equitable hiring practices’’ after
‘‘apprenticeship’’.
(2) INCUMBENT WORKER TRAINING PROGRAMS; TRANSITIONAL JOBS.—Section
134(d) (29 U.S.C. 3174(d)), as amended by this section, is further amended by
striking paragraphs (2) through (5), and inserting the following:
‘‘(2) INCUMBENT WORKER TRAINING PROGRAMS.—
‘‘(A) IN GENERAL.—
‘‘(i) STANDARD RESERVATION OF FUNDS.—The local board may reserve
and use not more than 25 percent of the funds allocated to the local
area involved under section 133(b) to pay for the Federal share of the
cost of providing training through a training program for incumbent
workers, carried out in accordance with this paragraph.
‘‘(ii) INCREASE IN RESERVATION OF FUNDS.—The local board may in-
crease such reservation of funds for a program year if the Governor de-
termines that the training from such funds from the prior program
year resulted in career promotions for workers receiving such training
and created new job vacancies. For a program year for which the res-
ervation of funds is so increased, clause (i) shall be applied by sub-
stituting ‘30 percent’ for ‘25 percent’.
‘‘(iii) DETERMINATION OF ELIGIBILITY.—In order for a local board to
determine that an employer is eligible to receive funding under clause
(i), the local board shall take into account factors consisting of—
‘‘(I) the basic indicators of job quality described in subsection
(c)(3)(H)(iii)(I);
‘‘(II) the characteristics of the participants in the program;
‘‘(III) the relationship of the training to the competitiveness of a
participant and the employer; and
‘‘(IV) such other factors as the local board may determine to be
appropriate, which may include the number of employees partici-
pating in the training, and the existence of other training and ad-
vancement opportunities provided by the employer.
‘‘(iv) STATEWIDE IMPACT.—The Governor or State board involved may
make recommendations to the local board for providing incumbent
worker training that has statewide impact.
‘‘(B) TRAINING ACTIVITIES.—The training program for incumbent workers
carried out under this paragraph shall be carried out by the local board in
conjunction with the employers or groups of employers of such workers
(which may include employers in partnership with other entities for the
purposes of delivering training) for the purpose of assisting such workers
in obtaining the skills necessary to retain employment or avert layoffs.
‘‘(C) EMPLOYER PAYMENT OF NON-FEDERAL SHARE.—Employers partici-
pating in the program carried out under this paragraph shall be required
to pay for the non-Federal share of the cost of providing the training to in-
cumbent workers of the employers.
‘‘(D) NON-FEDERAL SHARE.—
‘‘(i) FACTORS.—Subject to clauses (ii) and (iii), the local board shall
establish the non-Federal share of the cost of providing training
through a training program for incumbent workers, by considering the
indicators described in subsection (c)(3)(H)(iii) and how many of such
indicators the employer certifies will be met with respect to the employ-
ment of incumbent workers upon completion of training funded under
this section.
‘‘(ii) LIMITS.—The non-Federal share shall not be less than—
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36
‘‘(I) 10 percent of the cost, for employers with not more than 50
employees;
‘‘(II) 25 percent of the cost, for employers with more than 50 em-
ployees but not more than 100 employees; and
‘‘(III) 50 percent of the cost, for employers with more than 100
employees.
‘‘(iii) CALCULATION OF EMPLOYER SHARE.—The non-Federal share pro-
vided by an employer participating in the program may include the
amount of the wages paid by the employer to a worker while the work-
er is attending a training program under this paragraph. The employer
may provide the share in cash or in kind, fairly evaluated.
‘‘(E) VERIFICATION BY ONE-STOP OPERATOR.—Upon completion of the in-
cumbent worker training program funded under this section, the one-stop
operator within a local area shall verify that the employer met the condi-
tions that were certified to prior to receiving the Federal share of the train-
ing program’s costs, consistent with this paragraph, according to a method-
ology determined by the Governor or local board. If such conditions were
not met, the one-stop operator shall prohibit the employer from receiving
funds for incumbent worker training under this section for a period of 5
years.
‘‘(3) TRANSITIONAL JOBS.—The local board may use not more than 40 percent
of the funds allocated to the local area involved under section 133(b) to provide
transitional jobs under subsection (c)(3) that—
‘‘(A) are time-limited work experiences that are subsidized and are in the
public, private, employment social enterprise, or nonprofit sectors for indi-
viduals with barriers to employment who are chronically unemployed or
have an inconsistent work history;
‘‘(B) are combined with comprehensive employment and supportive serv-
ices; and
‘‘(C) are designed to assist the individuals described in subparagraph (A)
to establish a work history, demonstrate success in the workplace, and de-
velop skills that lead to entry into and retention in unsubsidized employ-
ment.’’.
CHAPTER 4—GENERAL WORKFORCE INVESTMENT PROVISIONS
SEC. 251. AUTHORIZATION OF APPROPRIATIONS.
Section 136 (29 U.S.C. 3181) is amended to read as follows:
‘‘SEC. 136. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) YOUTH WORKFORCE INVESTMENT ACTIVITIES.—There are authorized to be ap-
propriated to carry out the activities described in section 127(a), $1,026,450,000 for
fiscal year 2023, $1,129,100,000 for fiscal year 2024, $1,242,000,000 for fiscal year
2025, $1,366,200,000 for fiscal year 2026, $1,502,800,000 for fiscal year 2027, and
$1,653,100,000 for fiscal year 2028
‘‘(b) SUMMER AND YEAR-ROUND EMPLOYMENT ACTIVITIES..—There are authorized
to be appropriated to section 130, $926,650,000 for fiscal year 2023, $1,019,300,000
for fiscal year 2024, $1,121,250,000 for fiscal year 2025, $1,233,400,000 for fiscal
year 2026, $1,356,750,000 for fiscal year 2027, and $1,492,450,000 for fiscal year
2028.
‘‘(c) ADULT EMPLOYMENT AND TRAINING ACTIVITIES.—There are authorized to be
appropriated to carry out the activities described in section 132(a)(1), $1,555,600,000
for fiscal year 2023, $1,711,200,000 for fiscal year 2024, $1,882,300,000 for fiscal
year 2025, $2,070,500,000 for fiscal year 2026, $2,277,600,000 for fiscal year 2027,
and $2,505,400,000 for fiscal year 2028.
‘‘(d) DISLOCATED WORKER EMPLOYMENT AND TRAINING ACTIVITIES.—There are au-
thorized to be appropriated to carry out the activities described in section 132(a)(2),
$2,486,300,000 for fiscal year 2023, $2,734,900,000 for fiscal year 2024,
$3,008,400,000 for fiscal year 2025, $3,309,200,000 for fiscal year 2026,
$3,640,100,000 for fiscal year 2027, and $4,004,100,000 for fiscal year 2028.’’.
Subtitle C—Job Corps
SEC. 261. AMENDMENTS RELATING TO JOB CORPS.
(a) DEFINITIONS.—
(1) IN GENERAL.—Section 142 (29 U.S.C. 3192) is amended—
(A) by amending paragraph (7) to read as follows:
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‘‘(7) JOB CORPS CAMPUS.—The term ‘Job Corps campus’ means a campus run
by an operator selected by the Secretary pursuant to section 147, carrying out
Job Corps activities.’’; and
(B) by adding at the end the following:
‘‘(11) STATE.—The term ‘State’ has the meaning given the term in section 3,
except that such term also includes outlying areas (as defined in section 3).’’.
(2) CONFORMING AMENDMENTS.—Subtitle C of title I (29 U.S.C. 3191 et seq.)
is amended—
(A) by striking ‘‘Job Corps center’’ each place such term appears (includ-
ing in any headings) and inserting ‘‘Job Corps campus’’; and
(B) by striking ‘‘Job Corps centers’’ each place such term appears (includ-
ing in any headings) and inserting ‘‘Job Corps campuses’’.
(b) INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.—Section 144 (29 U.S.C. 3194) is
amended—
(1) in subsection (a)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) not less than age 16 and not more than age 24 on the date of enroll-
ment;’’;
(B) by amending paragraph (2) to read as follows:
‘‘(2) an individual who is—
‘‘(A) a low-income individual as defined in subsection (h)(4) of section
402A of the Higher Education Act of 1965 (20 U.S.C. 1070a-11) as deter-
mined using procedures similar to those in subsection (e) of such section;
or
‘‘(B) a resident of a qualified opportunity zone as defined in section
1400Z–1(a) of the Internal Revenue Code of 1986; and’’; and
(C) in paragraph (3)—
(i) in subparagraph (A), by striking ‘‘Basic skills deficient’’ and insert-
ing ‘‘An individual with foundational skill needs’’;
(ii) in subparagraph (B), by striking ‘‘A school dropout’’ and inserting
‘‘An opportunity youth’’; and
(iii) in subparagraph (D), by inserting ‘‘or an individual who is preg-
nant’’ before the period; and
(2) by amending subsection (b) to read as follows:
‘‘(b) SPECIAL RULE FOR VETERANS.—A veteran shall be eligible to become an en-
rollee if the veteran meets the requirements of subsection (a)(1).’’.
(c) RECRUITMENT, SCREENING, SELECTION, AND ASSIGNMENT OF ENROLLEES.—Sec-
tion 145(a) (29 U.S.C. 3195(a)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (D), by striking ‘‘and’’ at the end;
(B) in subparagraph (E), by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following:
‘‘(F) assist one-stop centers and other entities identified in paragraph (3)
in developing joint applications for Job Corps, YouthBuild, and youth work-
force investment activities under which an applicant may submit a single
application for all such programs.’’; and
(2) in paragraph (5), by striking the last sentence.
(d) JOB CORPS CAMPUSES.—Section 147 (29 U.S.C. 3197) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) in subparagraph (A), by inserting at the end the following: ‘‘Such
award shall be based upon best value and fair and reasonable pricing.’’;
and
(ii) by amending subparagraph (B) to read as follows:
‘‘(B) CONSIDERATIONS.—
‘‘(i) STUDENT OUTCOMES.—In selecting an entity to operate a Job
Corps campus, the Secretary shall consider a numeric metric of recent
past effectiveness of the entity in assisting opportunity youth to connect
to the workforce, to be calculated based on data regarding—
‘‘(I) the percentage of students served by the entity who were in
education or training activities, or in unsubsidized employment,
during the second quarter after exit from the relevant program;
‘‘(II) the percentage of students served by the entity who were in
education or training activities, or in unsubsidized employment,
during the fourth quarter after exit from the relevant program;
‘‘(III) the median earnings of students served by the entity who
were in unsubsidized employment during the second quarter after
exit from the relevant program;
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‘‘(IV) the percentage of students served by the entity who ob-
tained a recognized postsecondary credential, or a secondary school
diploma or its recognized equivalent, during participation in or
within 1 year after exit from the relevant program; and
‘‘(V) expected levels of performance established under section
159(c)(2) or similar metrics for recruitment of eligible youth for rel-
evant contracts or grants.
‘‘(ii) MARKET DEVELOPMENT.—
‘‘(I) MENTOR-PROTÉGÉ PROGRAM.—The Secretary shall carry out a
mentor-protégé program in accordance with section 45 of the Small
Business Act (15 U.S.C. 657r) with respect to Job Corps campus
operations.
‘‘(II) PAST-PERFORMANCE.—The Secretary shall publish com-
parable alternative metrics for entities without previous experience
in Job Corps campus operations to demonstrate their past effective-
ness in accordance with the requirements of clause (i).’’; and
(B) in paragraph (3)—
(i) in subparagraph (A), by inserting ‘‘high-skill, high-wage, or’’ before
‘‘in-demand’’;
(ii) in subparagraph (C), by striking ‘‘Workforce Investment Act of
1998’’ and inserting ‘‘Workforce Innovation and Opportunity Act’’;
(iii) by redesignating subparagraph (K) as subparagraph (L); and
(iv) by inserting after subparagraph (J) the following:
‘‘(K) A description of the entity’s ability to demonstrate a record of suc-
cessfully operating a safe learning and residential environment for oppor-
tunity youth.’’;
(2) in subsection (b), by striking paragraphs (2) and (3) and inserting the fol-
lowing:
‘‘(2) HIGH PERFORMANCE.—An entity shall be considered to be an operator of
a high-performing campus if the Job Corps campus operated by the entity was
ranked among the top 25 percent of Job Corps campuses, excluding Civilian
Conservation Centers described in subsection (d), for the two most recent pre-
ceding program years.’’;
(3) in subsection (d), by adding at the end the following:
‘‘(4) DIRECT HIRE AUTHORITY.—The Secretary of Agriculture may appoint,
without regard to the provisions of subchapter I of chapter 33 of title 5, United
States Code (other than sections 3303 and 3328 of such title), a graduate of a
Civilian Conservation Center who successfully completed a training program fo-
cused on forestry, wildland firefighting, or another topic relating to the mission
of the Forest Service directly to a position with the Department of Agriculture,
Forest Service, for which the candidate meets Office of Personnel Management
qualification standards.’’;
(4) in subsection (f), by striking ‘‘2-year’’ and inserting ‘‘4-year’’; and
(5) in subsection (g)(1), by striking ‘‘, for both of the 2 most recent preceding
program years’’ and all that follows through the end and inserting ‘‘the agree-
ment has been in place for at least 3 years and for both of the 2 most recent
preceding program years for which information is available at the time the de-
termination is made, such campus has been ranked in the lowest 10 percent of
Job Corps campuses.’’.
(e) PROGRAM ACTIVITIES.—Section 148(a) (29 U.S.C. 3198(a)) is amended, in the
subsection heading, by inserting ‘‘ACADEMIC’’ before ‘‘ACTIVITIES’’.
(f) SUPPORT.—Section 150 (29 U.S.C. 3200) is amended—
(1) in subsection (c), by striking ‘‘3 months’’ and inserting ‘‘12 months’’; and
(2) by adding at the end the following:
‘‘(d) PERIOD OF TRANSITION.—Notwithstanding the requirements of section 146(b),
Job Corps graduates may remain enrolled and a resident of a Job Corps campus
for not more than 1 month after graduation, subject to approval by the director of
the Job Corps Campus, in order to facilitate their transition into independent living
and employment.’’.
(g) OPERATIONS.—Section 151 (29 U.S.C. 3201) is amended to read as follows:
‘‘SEC. 151. OPERATIONS.
‘‘(a) OPERATING PLAN.—
‘‘(1) IN GENERAL.—The provisions of the contract between the Secretary and
an entity selected to operate a Job Corps campus shall, including any subse-
quent modifications to such contract, serve as an operating plan for the Job
Corps campus.
‘‘(2) FEDERAL CHANGES TO OPERATING PLAN.—The Secretary may require the
operator to submit additional information, as the Secretary deems necessary for
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compliance with any relevant regulations, which shall be considered part of the
operating plan.
‘‘(3) AVAILABILITY.—The Secretary shall make the operating plan described in
paragraphs (1) and (2), excluding any proprietary information, available on a
publicly accessible website.
‘‘(b) LOCAL AUTHORITIES.—Subject to the limitations of their approved budgets,
the operators of Job Corps campuses shall have the authority, without prior ap-
proval from the Secretary, to—
‘‘(1) hire staff and invest in staff professional development;
‘‘(2) enter into agreements with local partners, such as secondary and postsec-
ondary schools or employers; and
‘‘(3) engage with and educate stakeholders about Job Corps operations and ac-
tivities.’’.
(h) STANDARDS OF CONDUCT.—Section 152 (29 U.S.C. 3202) is amended—
(1) in subsection (a), by striking the second sentence;
(2) by amending subsection (b) to read as follows:
‘‘(b) BEHAVIORAL MANAGEMENT PLAN.—
‘‘(1) IN GENERAL.—As part of the operating plan defined in section 151(a), the
director of each Job Corps campus shall develop and implement a behavioral
management plan, subject to the approval of the Secretary. Such plan shall in-
clude student standards of conduct, positive behavioral interventions and sup-
ports, and multi-tier systems of supports.
‘‘(2) DISCIPLINARY MEASURES AND DRUG TESTING.—
‘‘(A) DISCIPLINARY MEASURES.—To promote the proper behavioral stand-
ards in the Job Corps, the director of each Job Corps campus shall, con-
sistent with the applicable behavioral management plan described in para-
graph (1), have the authority to take appropriate disciplinary measures
against enrollees if such director determines that an enrollee has com-
mitted a violation of the standards of conduct. The director shall adopt a
zero tolerance policy for an act of violence or a credible threat of violence
that seriously endangers the safety of students, staff, or the local commu-
nity and for illegal activity on the campus.
‘‘(B) DRUG TESTING.—The Secretary shall require drug testing of all en-
rollees for controlled substances, as set forth in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802), in accordance with procedures pre-
scribed by the Secretary under section 145(a).
‘‘(C) DEFINITIONS.—In this paragraph:
‘‘(i) CONTROLLED SUBSTANCE.—The term ‘controlled substance’ has
the meaning given the term in section 102 of the Controlled Substances
Act (21 U.S.C. 802).
‘‘(ii) ZERO TOLERANCE POLICY.—The term ‘zero tolerance policy’ means
a policy under which an enrollee shall be automatically dismissed from
the Job Corps after a determination by the director that the enrollee
has carried out an act of violence that seriously endangers the safety
of students, staff, or the local community or engaged in an illegal activ-
ity on the campus.
‘‘(3) ADVISORY GROUP.—The Secretary shall periodically convene an advisory
group of Job Corps operators and service providers and subject matter experts
to review the reporting data collected under paragraph (5) and provide rec-
ommendations for Job Corps behavioral management plans based on evidence-
based research regarding effective and equitable behavioral policies.
‘‘(4) LAW ENFORCEMENT AGREEMENTS.—The directors of each Job Corps cam-
pus shall enter into an agreement with the relevant local law enforcement agen-
cy of jurisdiction regarding the procedures for reporting and investigating po-
tentially illegal activity on Job Corps campuses.
‘‘(5) INCIDENT REPORTING.—The Secretary shall establish procedures for—
‘‘(A) reporting significant health incidents, including substance abuse,
self-harm, and accidents resulting in bodily harm; and
‘‘(B) reporting significant behavioral incidents, defined as acts of violence
or illegal activity.
‘‘(6) ACCOUNTABILITY.—The Secretary shall establish standards under which
a Job Corps campus shall be required to take performance improvement actions
described in section 159(f), based on an evaluation of such Job Corps campus,
which shall take into account reporting data collected under paragraph (5) and
recommendations of the advisory group pursuant to paragraph (3).’’.
(i) EXPERIMENTAL PROJECTS AND TECHNICAL ASSISTANCE.—Section 156(a) (29
U.S.C. 3206(a)) is amended to read as follows:
‘‘(a) PROJECTS.—The Secretary may carry out experimental, research, or dem-
onstration projects relating to evidence-based strategies for improving the oper-
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ations of a Job Corps campus that was ranked among the bottom 10 percent of Job
Corps campuses. The Secretary may waive any provisions of this subtitle that the
Secretary finds would prevent the Secretary from carrying out the projects (other
than sections 145, 147, and 159(c)) provided that—
‘‘(1) the project will not result in a reduction in the number of students
served; and
‘‘(2) if the Secretary informs the Committee on Education and Labor of the
House of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate, in writing, not less than 90 days in advance of issuing
such waiver.’’.
(j) APPLICATION OF PROVISIONS OF FEDERAL LAW.—
(1) IN GENERAL.—Section 157 (29 U.S.C. 3207) is amended by adding at the
end the following:
‘‘(d) SERVICE CONTRACT ACT.—
‘‘(1) IN GENERAL.—Operators and service providers, including subcontractors
thereto, are subject to and shall be required to abide by chapter 67 of title 41,
United States Code (commonly known as the ‘McNamara-O’Hara Service Con-
tract Act of 1965’).
‘‘(2) ACADEMIC AND CAREER TECHNICAL INSTRUCTIONAL EMPLOYEES.—Notwith-
standing section 6701(3)(C) of such chapter, an academic or career technical in-
structional employee at a Job Corps campus shall be considered a ‘service em-
ployee’ for purposes of applying such chapter under paragraph (1).
‘‘(3) RULE OF CONSTRUCTION.—To the extent compensation levels being paid
or scheduled to be paid by an employer are, in the aggregate, greater than those
determined by the Secretary of Labor to be required under this subsection, or
as set forth in a collective bargaining agreement, nothing herein shall be con-
strued to require a reduction of such compensation.’’.
(2) EFFECTIVE DATE.—
(A) AGREEMENTS IN EFFECT ON DATE OF ENACTMENT.—Not later than 60
days after the date of enactment of this Act, the Secretary shall, subject to
appropriations, modify all agreements with operators and service providers
in effect as of such date of enactment to include the requirements imposed
by the amendment made by paragraph (1).
(B) PENDING SOLICITATIONS.—Upon the date of enactment of this Act, the
Secretary shall include the requirements imposed by the amendment made
by paragraph (1) in any pending solicitation for an operator or service pro-
vider.
(k) STAFFING.—
(1) IN GENERAL.—To ensure compliance with chapter 67 of title 41, United
States Code (commonly known as the ‘McNamara-O’Hara Service Contract Act
of 1965’), as such chapter is applied by section 157(d) of the Workforce Innova-
tion and Opportunity Act, the staffing plan and the associated budget of an en-
tity proposing to be an operator or service provider for a Job Corps campus shall
incorporate hourly wages (or salaries as appropriate) and fringe benefit costs for
occupational classifications at least equal to the wage determination determined
by the Secretary of Labor for the locality of the Job Corps campus. In preparing
such wage determination, the Secretary shall compare the specific job classifica-
tions at the Job Corps campus with those occupations most closely correlated
with those employed by public education providers in the locality with the goal
of ensuring equivalency to the maximum extent feasible.
(2) ADJUSTMENTS PERMITTED.—The Secretary may further adjust compensa-
tion levels in a contract with an operator or service provider to ensure sufficient
availability and retention of qualified personnel in the locality.
(3) ANNUAL UPDATES.—The Secretary shall update hourly wages (or salaries
as appropriate) and fringe benefit levels for such occupations covered in this
paragraph on an annual basis.
(l) SPECIAL PROVISIONS.—Section 158(f) (29 U.S.C. 3208(f)) is amended—
(1) by striking ‘‘Secretary’’ and inserting ‘‘directors of Job Corps campuses’’;
(2) by striking ‘‘the Job Corps or individual’’ and inserting ‘‘such’’; and
(3) by adding at the end the following: ‘‘Any real property acquired shall be
directly transferred to the Secretary in accordance with chapter 5 of title 40 and
on a nonreimbursable basis.’’
(m) MANAGEMENT INFORMATION.—Section 159 (29 U.S.C. 3209) is amended—
(1) in subsection (a), by adding at the end the following:
‘‘(4) ANNUAL RECONCILIATION.—Prior to the expiration of any appropriated
Job Corps operations funds for any fiscal year, any anticipated unobligated
funds may, subject to appropriations, be obligated to projects identified under
subsection (h)(1).’’;
(2) in subsection (c)—
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(A) by amending paragraph (1) to read as follows:
‘‘(1) LEVELS OF PERFORMANCE AND INDICATORS.—
‘‘(A) IN GENERAL.—At the start of each contract period, and at least every
two program years in the case of Civilian Conservation Centers, the Sec-
retary shall establish expected levels of performance for each Job Corps
campus relating to each of the primary indicators of performance for eligi-
ble youth described in section 116(b)(2)(A)(ii) using the model described in
subparagraph (B).
‘‘(B) PERFORMANCE MODEL.—At least every four years and no more than
every two years, the Secretary shall develop a model for establishing the
expected levels of performance for each Job Corps campus, in accordance
with the following:
‘‘(i) EQUITY.—The model shall account for significant correlations be-
tween various factors and student outcomes, including:
‘‘(I) Student demographics, including age, gender, race, ethnicity,
documented disabilities, and education level on entry.
‘‘(II) Employment conditions in students’ home communities.
‘‘(ii) DEVELOPMENT.—The model shall be developed by subject matter
experts in the fields of Job Corps operations, program evaluation, sta-
tistical analysis, and related fields using available Job Corps data as
well as regional economic data.
‘‘(iii) TRANSPARENCY.—The performance model and the past effective-
ness metric identified in section 147(a)(2)(B)(i), including the proce-
dures outlined in section 147(a)(2)(B)(iv), shall be published for com-
ment in the Federal Register.’’;
(B) in paragraph (2)—
(i) in subparagraph (A), by striking ‘‘and’’ at the end; and
(ii) by striking subparagraph (B) and inserting the following:
‘‘(B) the number of enrollees recruited that meet the requirements of sec-
tion 144(a); and
‘‘(C) the measurement described in subparagraph (K) of subsection
(d)(1).’’; and
(C) in paragraph (4)—
(i) in subparagraph (A), by striking ‘‘and’’ at the end;
(ii) in subparagraph (B), by striking the period at the end and insert-
ing ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(C) information on the performance of the Job Corps selection process in
section 147(a)(2) with respect to increasing performance as measured pur-
suant to subparagraph (A), specifically including information on the per-
formance of each Job Corps campus as compared to its annual performance
immediately prior to its current operating agreement.’’;
(3) in subsection (d)(1)—
(A) by striking subparagraph (I); and
(B) by redesignating subparagraphs (J) through (O) as subparagraphs (I)
through (N), respectively;
(4) in subsection (f)—
(A) in paragraph (2)—
(i) in subparagraph (E), by adding ‘‘or’’ at the end;
(ii) in subparagraph (F), by striking ‘‘; or’’ and inserting a period; and
(iii) by striking subparagraph (G); and
(B) by amending paragraph (4) to read as follows:
‘‘(4) CIVILIAN CONSERVATION CENTERS.—In addition to the primary indicators
of performance specified in subsection (c)(1), Civilian Conservation Centers shall
be evaluated on their contribution to the nation’s conservation goals by the Sec-
retaries of Agriculture and Labor. If the Secretaries jointly conclude that a Ci-
vilian Conservation Center is not meeting these dual performance goals, they
may take performance improvement actions described in subparagraph (A), (B),
or (C) of paragraph (2) of this subsection.’’; and
(5) in subsection (g)(2)—
(A) by striking ‘‘has entered’’ and inserting ‘‘enters’’; and
(B) by striking ‘‘comply’’ and inserting ‘‘attest to compliance’’.
(n) TECHNICAL AMENDMENT.—Subtitle C of title I (29 U.S.C. 3191 et seq.) is
amended by striking ‘‘Committee on Education and the Workforce’’ each place it ap-
pears and inserting ‘‘Committee on Education and Labor’’.
(o) AUTHORIZATION OF APPROPRIATIONS.—Section 162 (29 U.S.C. 3212) is amended
to read as follows:
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‘‘SEC. 162. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appropriated to carry out this sub-
title—
‘‘(1) $1,809,857,925 for fiscal year 2023;
‘‘(2) $1,873,202,952 for fiscal year 2024;
‘‘(3) $1,938,765,056 for fiscal year 2025;
‘‘(4) $2,006,621,833 for fiscal year 2026;
‘‘(5) $2,076,853,597 for fiscal year 2027; and
‘‘(6) $2,149,543,473 for fiscal year 2028.
‘‘(b) CONSTRUCTION COSTS.—Of the amount authorized in subsection (a) for each
of fiscal years 2023 through 2028, $107,800,000 shall be for construction, rehabilita-
tion, and acquisition of Job Corps Campuses.’’.
Subtitle D—National Programs
SEC. 271. NATIVE AMERICAN PROGRAMS.
Section 166 (29 U.S.C. 3221) is amended—
(1) in subsection (c), by striking ‘‘, on a competitive basis,’’;
(2) in subsection (d)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking ‘‘and’’ at the end;
(ii) in subparagraph (B), by striking the period at the end and insert-
ing ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(C) are evidence-based, to the extent practicable.’’; and
(B) by amending paragraph (2) to read as follows:
‘‘(2) WORKFORCE DEVELOPMENT ACTIVITIES AND SUPPLEMENTAL SERVICES.—
Funds made available under subsection (c) shall be used for—
‘‘(A) comprehensive workforce development activities for Indians, Alaska
Natives, or Native Hawaiians, including training on entrepreneurial skills;
or
‘‘(B) supplemental services for Indian, Alaska Native, or Native Hawaiian
youth on or near Indian reservations and in Oklahoma, Alaska, or Hawaii.’’;
and
(3) in subsection (i)—
(A) in paragraph (1)—
(i) in the heading, by striking ‘‘UNIT’’ and inserting ‘‘DIVISION’’; and
(ii) by striking ‘‘unit’’ and inserting ‘‘division’’;
(B) in paragraph (4)—
(i) by amending subparagraph (B) to read as follows:
‘‘(B) COMPOSITION.—
‘‘(i) IN GENERAL.—The Council shall be composed of individuals, ap-
pointed by the Secretary, who are representatives of the entities de-
scribed in subsection (c).
‘‘(ii) VACANCIES.—Any member appointed to fill a vacancy occurring
before the expiration of the term for which the member’s predecessor
was appointed shall be appointed only for the remainder of that term.
A member may serve after the expiration of that member’s term until
a successor has taken office.’’; and
(ii) in subparagraph (C), by striking ‘‘unit’’ and inserting ‘‘division’’;
and
(C) in paragraph (5), by striking ‘‘unit’’ and inserting ‘‘division’’.
SEC. 272. MIGRANT AND SEASONAL FARMWORKER PROGRAMS.
Section 167 (29 U.S.C. 3222) is amended—
(1) in subsection (d), by inserting ‘‘be used for the 4-year period for which
funds are provided under this section, and which may’’ after ‘‘which may’’;
(2) in subsection (h)—
(A) in the heading, by inserting ‘‘; FUNDING OBLIGATION’’ after ‘‘FUNDING
ALLOCATION’’;
(B) by striking ‘‘From the’’ and inserting the following:
‘‘(1) FUNDING ALLOCATION.—From the’’; and
(C) by adding at the end the following:
‘‘(2) FUNDING OBLIGATION.—
‘‘(A) IN GENERAL.—Funds appropriated and made available to carry out
this section for any fiscal year may be obligated to any entity described in
subsection (b) during the period beginning on April 1 of the calendar year
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that begins during such fiscal year, and ending on June 30 of the following
calendar year.
‘‘(B) OBLIGATED AMOUNT.—Funds made available under this section for a
fiscal year to any entity described in subsection (b) shall be obligated and
available for expenditure by such entity for the period beginning on July
1 of the calendar year that begins during such fiscal year, and ending on
June 30 of the following calendar year, except that the Secretary may ex-
tend such period if the Secretary determines that such extension is nec-
essary to ensure the effective use of such funds by such entity.’’; and
(3) in subsection (i)(3)(A)(i), by striking ‘‘12’’ and inserting ‘‘8’’.
SEC. 273. TECHNICAL ASSISTANCE.
Section 168(a)(1) (29 U.S.C. 3223(a)(1)) is amended—
(1) in the matter preceding subparagraph (A), by striking ‘‘staff development’’
and inserting ‘‘professional development for staff’’;
(2) in subparagraph (C), by inserting ‘‘professional development and’’ after
‘‘the’’ the first place it appears;
(3) in subparagraph (D), by inserting ‘‘professional development and’’ after
‘‘the’’;
(4) in subparagraph (G), by striking ‘‘and’’ at the end;
(5) in subparagraph (H), by striking the period at the end and inserting ‘‘;
and’’ ; and
(6) by adding at the end the following:
‘‘(I) the training of staff at one-stop centers on trauma-informed ap-
proaches, gender and racial biases, and the unique safety challenges faced
by survivors of gender-based violence.’’.
SEC. 274. EVALUATIONS AND RESEARCH.
Section 169 (29 U.S.C. 3224) is amended—
(1) in subsection (a)—
(A) in paragraph (4), by striking ‘‘2019’’ and inserting ‘‘2027’’; and
(B) in paragraph (6), by striking ‘‘the Workforce’’ and inserting ‘‘Labor’’;
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘the Workforce’’ and inserting ‘‘Labor’’;
and
(B) in paragraph (4)—
(i) by striking subparagraphs (B) through (J);
(ii) by redesignating subparagraph (K) as subparagraph (C);
(iii) by inserting after subparagraph (A) the following:
‘‘(B) STUDY ON CORRECTIONAL EDUCATION AND TRAINING.—The Secretary
of Labor, in coordination with the Secretary of Education, may conduct a
study to determine the feasibility of, and potential means to replicate the
measurement of recidivism for former criminal offenders who participated
in adult employment and training activities under this title or correctional
institution education programs under title II to improve the quality and
performance of such services or activities.’’; and
(iv) in subparagraph (C), as so redesignated, by striking ‘‘the Work-
force’’ and inserting ‘‘Labor’’;
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
‘‘(c) WORKFORCE DEVELOPMENT INNOVATION FUND.—
‘‘(1) PROGRAM AUTHORIZED.—
‘‘(A) IN GENERAL.—The Secretary may award workforce development in-
novation grants, on a competitive basis, to eligible entities to enable such
entities to—
‘‘(i) create, implement, replicate, or take to scale entrepreneurial, evi-
dence-based, field-initiated innovation programs and services for im-
proving the design and delivery of employment and training services
that generate long-term improvements in the performance of the work-
force development system, in outcomes for job-seekers (including indi-
viduals with barriers to employment), and in the cost-effectiveness of
programs and services; and
‘‘(ii) rigorously evaluate such programs and services in accordance
with this subsection.
‘‘(B) DESCRIPTION OF GRANTS.—The grants described in subparagraph (A)
shall include—
‘‘(i) early-phase grants to fund the development, implementation, and
feasibility testing of an innovation program or service, which prior re-
search suggests has promise, for the purpose of determining whether
such program or service can successfully improve the design and deliv-
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ery of employment and training services that generate long-term im-
provements in the performance of the workforce development system,
in outcomes for job-seekers (including individuals with barriers to em-
ployment), and in the cost-effectiveness of such programs and services;
‘‘(ii) mid-phase grants to fund implementation and a well-designed
and well-implemented evaluation of such a program or service that has
been successfully implemented under an early-phase grant described in
clause (i) or other effort meeting similar criteria, for the purpose of
measuring the impact and cost effectiveness of such programs or serv-
ices, using data collected pursuant to the implementation of such pro-
gram or service, if possible; and
‘‘(iii) expansion grants to fund implementation and a well-designed
and well-implemented replication evaluation of such a program or serv-
ice that has been found to produce sizable, important impacts under a
mid-phase grant described in clause (ii) or other effort meeting similar
criteria, for the purposes of—
‘‘(I) determining whether such impacts may be successfully repro-
duced and sustained over time; and
‘‘(II) identifying the conditions in which such a program or serv-
ice is most effective.
‘‘(2) TECHNICAL ASSISTANCE.—Of the funds made available to carry out this
subsection for a fiscal year, the Secretary shall reserve not more than 5 percent
of the funds to—
‘‘(A) provide technical assistance to eligible entities, which may include
preapplication workshops, web-based seminars, and evaluation support; and
‘‘(B) disseminate evidence-based best practices.
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible entity’ means any of the fol-
lowing:
‘‘(i) A State board.
‘‘(ii) A local board.
‘‘(iii) An Indian tribe, tribal organization, Alaska Native entity, In-
dian-controlled organization serving Indians, or Native Hawaiian orga-
nization that is eligible to receive an award under section 166.
‘‘(iv) A community-based, nonprofit, or nongovernmental organization
serving an underserved population.
‘‘(v) An institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)).
‘‘(vi) A consortium of such entities described under clause (i) through
clause (v).
‘‘(B) WELL-DESIGNED AND WELL-IMPLEMENTED.—The term ‘well-designed
and well-implemented’, as applied to an evaluation study, means a study
that is replicable, uses programmatic and control groups that are represent-
ative of the type of population served by the program, uses controls for ag-
gregate shifts that might affect baseline numbers, does not have problems
with attrition from the program, and takes measures to avoid creaming.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro-
priated to carry out this subsection, such sums as may be necessary for each
of the fiscal years 2023 through 2028.’’.
SEC. 275. NATIONAL DISLOCATED WORKER GRANTS.
Section 170(c)(1)(B) (29 U.S.C. 3225(c)(1)(B)) is amended by striking ‘‘and any
other’’ and all that follows through ‘‘dislocations.’’ and inserting ‘‘which may include
a national or regional intermediary that provides employment and training activi-
ties to dislocated workers.’’.
SEC. 276. YOUTHBUILD PROGRAM.
Section 171 (29 U.S.C. 3226) is amended—
(1) in subsection (c)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) RESERVATION, AMOUNT OF GRANTS.—
‘‘(A) RESERVATION.—In any fiscal year in which the amount appropriated
to carry out this section is greater than $125,000,000, the Secretary shall
reserve 20 percent of such amount that is greater than $125,000,000 for—
‘‘(i) grants to applicants that are located in rural areas (as defined
by the Secretary); and
‘‘(ii) programs operated by an Indian tribe or for the benefit of the
members of an Indian Tribe for the purpose of carrying out YouthBuild
programs approved under this section.
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‘‘(B) AMOUNT OF GRANTS.—After making the reservation described under
subparagraph (A), the Secretary may use the remaining amount appro-
priated to carry out this section to make grants to applicants for the pur-
pose of carrying out YouthBuild programs approved under this section.’’;
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) in clause (iv)(II), by striking ‘‘English language learners’’ and
inserting ‘‘English learners’’;
(II) in clause (vii), by striking ‘‘12’’ and inserting ‘‘24’’; and
(ii) by adding at the end the following:
‘‘(I) Provision of meals and other food assistance that is offered to partici-
pants in conjunction with another activity described in this paragraph.
‘‘(J) Informing participants of their eligibility, and assisting participants
in applying, for Federal and State means tested benefit programs, such as
the supplemental nutrition assistance program, and assistance provided by
the State through the Child Care Development Block Grant Act.
‘‘(K) Supportive services for individuals with disabilities to ensure such
individuals may fully participate in a YouthBuild program.’’; and
(C) by adding at the end the following:
‘‘(6) USE OF FUNDS FOR MATCH.—Consistent with the requirements described
under subsection (e)(3), an entity which receives a grant under this section may
use a portion of such grant to meet all or a portion of the requirement to pro-
vide matching funds under section 121(e) of the National and Community Serv-
ice Act of 1990 (42 U.S.C. 12571(e)) or any other such requirements under such
Act.’’;
(2) in subsection (e)(1)—
(A) in subparagraph (A)(ii), by striking ‘‘youth offender’’ and inserting
‘‘youth justice-involved individual’’; and
(B) in subparagraph (B)(i), by striking ‘‘basic skills deficient’’ and insert-
ing ‘‘foundational skill needs’’;
(3) in subsection (f), by adding at the end the following:
‘‘(3) CONSULTATION.—In establishing expected levels of performance under
paragraph (1), the Secretary shall consult, on not less than an annual basis,
with YouthBuild programs to ensure such levels of performance account for the
workforce and postsecondary experiences of youth served by such programs.’’;
(4) in subsection (g), by adding at the end the following:
‘‘(4) ANNUAL RELEASE OF FUNDING OPPORTUNITY ANNOUNCEMENT.—The Sec-
retary shall, to the greatest extent practicable, announce new funding opportu-
nities for grants under this section during the same time period each year that
such grants are announced.
‘‘(5) STATE WAGE DATA.—States receiving grants under this Act shall facilitate
access to wage data of participants in YouthBuild programs for the purpose of
meeting the requirements of this section. Such facilitation shall not reduce any
protections afforded by the State that protect the privacy of participant informa-
tion.’’; and
(5) by amending subsection (i) to read as follows:
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated
to carry out this section—
‘‘(1) $159,500,000 for fiscal year 2023;
‘‘(2) $167,500,000 for fiscal year 2024;
‘‘(3) $175,900,000 for fiscal year 2025;
‘‘(4) $184,700,000 for fiscal year 2026;
‘‘(5) $193,000,000 for fiscal year 2027; and
‘‘(6) $203,600,000 for fiscal year 2028.’’.
SEC. 277. STRENGTHENING COMMUNITY COLLEGES TRAINING GRANTS PROGRAM.
Subtitle D of title I (29 U.S.C. 3221 et seq.), as amended by this Act is further
amended—
(1) by redesignating section 172 as section 176; and
(2) by inserting after section 171 the following:
‘‘SEC. 172. STRENGTHENING COMMUNITY COLLEGES TRAINING GRANTS PROGRAM.
‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to establish, improve, or expand high-quality educational or career train-
ing programs at community colleges; and
‘‘(2) to expand opportunities for individuals to obtain recognized postsec-
ondary credentials that are nationally or regionally portable and stackable for
high-skill, high-wage, or in-demand industry sectors or occupations.
‘‘(b) STRENGTHENING COMMUNITY COLLEGES TRAINING GRANTS PROGRAM.—
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‘‘(1) IN GENERAL.—From the amounts appropriated to carry out this section
under subsection (k) and not reserved under paragraph (2), the Secretary shall,
on a competitive basis, make grants to eligible institutions to carry out the ac-
tivities described in subsection (e).
‘‘(2) RESERVATION.—Of the amounts appropriated to carry out this section
under subsection (k), the Secretary may reserve not more than two percent for
the administration of grants awarded under this section, including—
‘‘(A) providing technical assistance and targeted outreach to support eligi-
ble institutions serving a high number or high percentage of low-income in-
dividuals or individuals with barriers to employment, and rural-serving eli-
gible institutions, to provide guidance and assistance in the process of ap-
plying for grants under this section; and
‘‘(B) evaluating and reporting on the performance and impact of programs
funded under this section in accordance with subsections (f) through (h).
‘‘(c) AWARD PERIOD.—
‘‘(1) INITIAL GRANT PERIOD.—Each grant under this section shall be awarded
for an initial period of not more than 4 years.
‘‘(2) SUBSEQUENT GRANTS.—An eligible institution that receives an initial
grant under this section may receive one or more additional grants under this
section for additional periods of not more than 4 years each if the eligible insti-
tution demonstrates that the community college and industry partnership sup-
ported with the initial grant was successful (as determined by the Secretary on
the basis of the levels of performance achieved with respect to the performance
indicators specified in subsection (f)).
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to receive a grant under this section, an eligi-
ble institution shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may require.
‘‘(2) CONTENTS.—At a minimum, an application submitted by an eligible insti-
tution under paragraph (1) shall include a description of each the following:
‘‘(A) The extent to which the eligible institution included in the partner-
ship has prior experience in leading similar capacity building projects that
demonstrates the institution’s ability to accomplish multi-pronged, complex
projects and an explanation of the results of any such projects.
‘‘(B) The extent to which the eligible institution can—
‘‘(i) leverage additional resources to support the programs funded
with the grant; and
‘‘(ii) demonstrate the future sustainability of each such program.
‘‘(C) The steps the institution will take to ensure the quality of each pro-
gram supported by the grant, including the career pathways within such
programs.
‘‘(D) The needs that will be addressed by the community college and in-
dustry partnership supported by the grant.
‘‘(E) The population and geographic area to be served by the partnership.
‘‘(F) One or more industries that the partnership will target and data
demonstrating that those industries are aligned with employer demand in
the geographic area to be served by the partnership.
‘‘(G) The educational or career training programs to be supported by the
grant.
‘‘(H) The recognized postsecondary credentials that are expected to be
earned by participants in such programs and the related in-demand indus-
try sectors or occupations for which such programs will prepare partici-
pants.
‘‘(I) The evidence upon which the education and training strategies to be
used in the programs are based and an explanation of how such evidence
influenced the design of the programs to improve education and employ-
ment outcomes.
‘‘(J) The methods and strategies the partnership will use to engage with
employers in in-demand industry sectors or occupations.
‘‘(K) The roles and responsibilities of each employer, organization, agency,
or institution of higher education with which the eligible institution will
partner to carry out activities under this section.
‘‘(L) Whether, and to what extent, the activities of the partnership are ex-
pected to align with the workforce strategies identified in—
‘‘(i) any State plan or local plan submitted under this Act by the
State, outlying area, or locality in which the partnership is expected to
operate;
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‘‘(ii) any State plan submitted under section 122 of the Carl D. Per-
kins Career and Technical Education Act of 2006 (20 U.S.C. 2342) by
such State or outlying area; and
‘‘(iii) any economic development plan of the chief executive of such
State or outlying area.
‘‘(M) The goals of the partnership with respect to—
‘‘(i) capacity building (as described in subsection (f)(1)(B)); and
‘‘(ii) the expected performance of individuals participating in the pro-
grams to be offered by the partnership, including with respect to any
performance indicators applicable under section 116 or subsection (f) of
this section.
‘‘(3) CONSIDERATION OF PREVIOUS EXPERIENCE.—The Secretary may not dis-
qualify an otherwise eligible institution from receiving a grant under this sec-
tion solely because such institution lacks previous experience in capacity build-
ing projects, as described in subparagraph (2)(A).
‘‘(4) PRIORITY.—In awarding grants under this section, the Secretary shall
give priority to eligible entities that will use the grant to serve—
‘‘(A) individuals with barriers to employment; or
‘‘(B) incumbent workers who need to gain or improve foundational skills
to enhance their employability.
‘‘(e) USES OF FUNDS.—
‘‘(1) COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP.—For the purpose of
carrying out the activities specified in paragraphs (2) and (3), an eligible institu-
tion that receives a grant under this section shall establish a partnership or
continue an existing partnership with one or more employers in an in-demand
industry sector or occupation and shall maintain such partnership for the dura-
tion of the grant period. The eligible institution shall ensure that the partner-
ship—
‘‘(A) targets one or more specific high-skill, high-wage, or in-demand in-
dustries;
‘‘(B) includes collaboration with the workforce development system;
‘‘(C) serves adult and dislocated workers, incumbent workers, and new
entrants to the workforce;
‘‘(D) uses an evidence-based program design that is appropriate for the
activities carried out by the partnership; and
‘‘(E) incorporates, to the extent appropriate, virtual service delivery to fa-
cilitate technology-enabled learning.
‘‘(2) REQUIRED ACTIVITIES.—An eligible institution that receives a grant under
this section, in consultation with the partnership established under paragraph
(1), shall—
‘‘(A) establish, improve, or expand high quality, evidence-based education
or career training programs, career pathway programs, or work-based
learning programs (including apprenticeship programs or pre-apprentice-
ships that qualify an individual for participation in an apprenticeship pro-
gram); and
‘‘(B) use not less than 15 percent of the grant to provide supportive serv-
ices to individuals participating in the programs funded with the grant to
facilitate retention and program completion, which may include—
‘‘(i) childcare, transportation, mental health services, and assistance
in obtaining health insurance coverage and housing;
‘‘(ii) assistance in accessing State and Federal means-tested benefits
programs;
‘‘(iii) career navigation, coaching, mentorship, and case management
services, including providing information and outreach to individuals
with barriers to employment to encourage such individuals to partici-
pate in programs funded with the grant; and
‘‘(iv) providing access to course materials, technological devices, re-
quired equipment, and other supports necessary for participation in
and successful completion of such programs.
‘‘(3) ADDITIONAL ACTIVITIES.—In addition to the activities required under
paragraph (2), an eligible institution that receives a grant under this section,
in consultation with the partnership established under paragraph (1), shall
carry out one or more of the following activities:
‘‘(A) Establish, improve, or expand—
‘‘(i) articulation agreements (as defined in section 486A(a) of the
Higher Education Act of 1965 (20 U.S.C. 1093a(a)));
‘‘(ii) credit transfer agreements;
‘‘(iii) corequisite remediation programs that enable a student to re-
ceive remedial education services while enrolled in a postsecondary
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course rather than requiring the student to receive remedial education
before enrolling in a such a course;
‘‘(iv) dual or concurrent enrollment programs;
‘‘(v) competency-based education and assessment; or
‘‘(vi) policies and processes to award academic credit for prior learn-
ing or for the programs described in paragraph (2).
‘‘(B) Make available, in a format that is open, searchable, and easily com-
parable, information on—
‘‘(i) curricula and recognized postsecondary credentials offered
through programs funded with the grant, including any curricula or
credentials created or further developed using such grant;
‘‘(ii) the skills or competencies developed by individuals who partici-
pate in such programs; and
‘‘(iii) related employment and earnings outcomes.
‘‘(C) Establish or implement plans for providers of the programs described
in paragraph (2) to meet the criteria and carry out the procedures nec-
essary to be included on the eligible training services provider list described
in section 122(d).
‘‘(D) Purchase, lease, or refurbish specialized equipment as necessary to
carry out such programs.
‘‘(E) Reduce or eliminate unmet financial need relating to participants’
cost of attendance (as defined under section 472 of the Higher Education
Act of 1965 (20 U.S.C. 1087ll)) in such programs.
‘‘(4) ADMINISTRATIVE COST LIMIT.—An eligible institution may use not more
than 10 percent of the funds received under this section for administrative
costs, including costs related to collecting information, analysis, and coordina-
tion for purposes of subsection (f).
‘‘(f) PERFORMANCE LEVELS AND PERFORMANCE REVIEWS.—
‘‘(1) IN GENERAL.—The Secretary shall develop and implement guidance that
establishes the levels of performance that are expected to be achieved by each
community college and industry partnership funded with a grant under this sec-
tion. Such performance levels shall be based on the following indicators:
‘‘(A) Each of the primary indicators of performance for adults described
in section 116(b).
‘‘(B) The extent to which the partnership built capacity by—
‘‘(i) increasing the breadth and depth of employer engagement and in-
vestment in educational and training programs in the in-demand in-
dustry sectors and occupations targeted by the partnership;
‘‘(ii) designing or implementing new and accelerated instructional
techniques or technologies, including the use of advanced online and
technology-enabled learning; and
‘‘(iii) increasing program and policy alignment across systems and de-
creasing duplicative services or service gaps.
‘‘(C) With respect to individuals who participated in an education or
training program funded with the grant—
‘‘(i) the percentage of participants who successfully completed a pro-
gram; and
‘‘(ii) of the participants who were incumbent workers at the time of
enrollment in the program, the percentage who advanced into higher-
level positions during or after completing the program.
‘‘(D) Such other indicators of performance as the Secretary determines ap-
propriate.
‘‘(2) CONSULTATION AND DETERMINATION OF PERFORMANCE LEVELS.—
‘‘(A) CONSULTATION.—In developing the performance levels under para-
graph (1), the Secretary shall consult with each partnership funded with a
grant under this section.
‘‘(B) DETERMINATION.—After completing the consultation required under
subparagraph (A), the Secretary shall separately determine the perform-
ance levels that will apply to each partnership taking into account—
‘‘(i) the expected performance levels of each eligible entity with re-
spect to the goals described in subsection (d)(2)(M); and
‘‘(ii) local economic conditions in the geographic area to be served by
the partnership, including differences in unemployment rates and job
losses or gains in particular industries.
‘‘(C) NOTICE AND ACKNOWLEDGMENT.—
‘‘(i) NOTICE.—The Secretary shall provide each partnership with a
written notification that sets forth the performance levels that will
apply to the partnership, as determined under subparagraph (B).
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‘‘(ii) ACKNOWLEDGMENT.—After receiving the notification described in
clause (i), each partnership shall submit to the Secretary written con-
firmation that the partnership—
‘‘(I) received the notification; and
‘‘(II) agrees to be evaluated in accordance with the performance
levels set by the Secretary.
‘‘(3) PERFORMANCE REVIEWS.—On an annual basis during each year of the
grant period, the Secretary shall evaluate the performance of each partnership
funded with a grant under this section in a manner consistent with paragraph
(2).
‘‘(4) FAILURE TO MEET PERFORMANCE LEVELS.—After conducting an evaluation
under paragraph (3), if the Secretary determines that a partnership did not
achieve the performance levels applicable to the partnership under paragraph
(2) the Secretary shall—
‘‘(A) provide technical assistance to the partnership and
‘‘(B) develop a performance improvement plan for the partnership.
‘‘(g) EVALUATIONS AND REPORTS.—
‘‘(1) IN GENERAL.—Not later than 5 years after the date on which the first
grant is made under this section, the Secretary shall design and conduct an
evaluation to determine the overall effectiveness of the community college and
industry partnerships funded under this section.
‘‘(2) ELEMENTS.—The evaluation conducted under paragraph (1) shall include
an assessment of the general effectiveness of programs and activities supported
by grants awarded under this section, including the extent to which the pro-
grams and activities—
‘‘(A) developed new or expanded existing successful industry sector strate-
gies, including the extent to which such partnerships deepened employer
engagement and developed education and training programs that met in-
dustry skill needs;
‘‘(B) created, expanded, or enhanced career pathways, including the ex-
tent to which the partnerships developed or improved competency-based
education and assessment, credit for prior learning, modularized and self-
paced curricula, integrated education and career training, dual enrollment
in secondary and postsecondary career pathways, stacked and latticed cre-
dentials, and online and distance learning;
‘‘(C) created alignment between community colleges and the workforce de-
velopment system;
‘‘(D) assisted individuals with finding, retaining, or advancing in employ-
ment;
‘‘(E) assisted individuals with earning recognized postsecondary creden-
tials; and
‘‘(F) served various demographic groups, including people of different geo-
graphic locations, ages, races, national origins, and sex.
‘‘(3) DESIGN REQUIREMENTS.—The evaluation under this subsection shall—
‘‘(A) be designed by the Secretary (acting through the Chief Evaluation
Officer) in conjunction with the partnerships being evaluated;
‘‘(B) include analysis of participant feedback and outcome and process
measures; and
‘‘(C) use designs that employ the most rigorous analytical and statistical
methods that are reasonably feasible, such as the use of control groups.
‘‘(4) DATA ACCESSIBILITY.—The Secretary shall make available on a publicly
accessible website of the Department of Labor any data collected as part of the
evaluation under this subsection. Such data shall be made available in an ag-
gregated format that does not reveal personally identifiable information.
‘‘(5) PUBLICATION AND REPORTING OF EVALUATION FINDINGS.—The Secretary
(acting through the Chief Evaluation Officer) shall—
‘‘(A) in accordance with the timeline determined to be appropriate by the
Chief Evaluation Officer, publish an interim report on the preliminary re-
sults of the evaluation conducted under this subsection;
‘‘(B) not later than 60 days after the date on which the evaluation is com-
pleted under this subsection, submit to the Committee on Education and
Labor of the House of Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate a report on such evaluation; and
‘‘(C) not later than 90 days after such completion date, publish and make
the results of the evaluation available on a publicly accessible website of
the Department of Labor.
‘‘(h) ANNUAL REPORTS.—The Secretary shall make available on a publicly acces-
sible website of the Department of Labor, in transparent, linked, open, and inter-
operable data formats, the following information:
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‘‘(1) The performance of partnerships on the capacity-building performance in-
dicator set forth under subsection (f)(1)(B).
‘‘(2) The performance of partnerships on the participant outcome performance
indicators set forth under subsection (f)(1)(C)).
‘‘(3) The number of individuals enrolled in employment and training activities
funded with a grant under this section.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) COMMUNITY COLLEGE.—The term ‘community college’ means—
‘‘(A) a public institution of higher education (as defined in section 101(a)
of the Higher Education Act (20 U.S.C. 1001(a)), at which—
‘‘(i) the highest degree awarded is an associate degree; or
‘‘(ii) an associate degree is the most frequently awarded degree;
‘‘(B) a branch campus of a 4-year public institution of higher education
(as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), if, at such branch campus—
‘‘(i) the highest degree awarded is an associate degree; or
‘‘(ii) an associate degree is the most frequently awarded degree;
‘‘(C) a 2-year Tribal College or University (as defined in section 316(b)(3)
of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3))); or
‘‘(D) a degree-granting Tribal College or University (as defined in section
316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3))) at
which—
‘‘(i) the highest degree awarded is an associate degree; or
‘‘(ii) an associate degree is the most frequently awarded degree.
‘‘(2) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ means—
‘‘(A) a community college;
‘‘(B) a postsecondary vocational institution (as defined in section 102(c) of
the Higher Education Act of 1965 (20 U.S.C. 1002(c))); or
‘‘(C) a consortium of such colleges or institutions.
‘‘(j) SUPPLEMENT NOT SUPPLANT.—Funds made available under this section shall
be used to supplement, and not supplant other Federal, State, and local public funds
made available for carrying out the activities described in this section.
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro-
priated to carry out this section—
‘‘(1) $100,000,000 for fiscal year 2023;
‘‘(2) $110,000,000 for fiscal year 2024;
‘‘(3) $121,000,000 for fiscal year 2025;
‘‘(4) $133,000,000 for fiscal year 2026;
‘‘(5) $146,000,000 for fiscal year 2027; and
‘‘(6) $161,000,000 for fiscal year 2028.’’.
SEC. 278. REENTRY EMPLOYMENT OPPORTUNITIES.
Subtitle D of title I (29 U.S.C. 3221 et seq.), as amended by this Act, is further
amended by inserting after section 172, as added by the preceding section, the fol-
lowing:
‘‘SEC. 173. REENTRY EMPLOYMENT OPPORTUNITIES.
‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to improve the employment, earnings, and skill attainment, and reduce
recidivism, of adults and youth who have been involved with the justice system;
‘‘(2) to prompt innovation and improvement in the reentry of justice-involved
individuals into the workforce so that successful initiatives can be established
or continued and replicated; and
‘‘(3) to further develop the evidence on how to improve employment, earnings,
and skill attainment, and reduce recidivism of justice-involved individuals,
through rigorous evaluations of specific services provided, including how they
affect different populations and how they are best combined and sequenced.
‘‘(b) REENTRY EMPLOYMENT COMPETITIVE GRANTS, CONTRACTS, AND COOPERATIVE
AGREEMENTS AUTHORIZED.—
‘‘(1) IN GENERAL.—From the amounts appropriated under subsection (h)(1)
and not reserved under subsection (h)(2), the Secretary—
‘‘(A) shall, on a competitive basis, make grants to, or enter into contracts
or cooperative agreements with, eligible entities to implement reentry
projects that serve eligible adults or eligible youth; and
‘‘(B) may use not more than 30 percent of such amounts to award funds
under subparagraph (A) to eligible entities that are national or regional
intermediaries to—
‘‘(i) implement the reentry projects described in subparagraph (A); or
‘‘(ii) provide such funds to other eligible entities—
‘‘(I) to implement such reentry projects; and
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‘‘(II) to monitor and support such entities.
‘‘(2) AWARD PERIODS.—The Secretary shall award funds under this section for
an initial period of not more than 4 years, and may renew such awards for addi-
tional 4-year periods.
‘‘(3) PRIORITY.—In awarding funds under this section, the Secretary shall give
priority to eligible entities whose applications submitted under subsection (c)
demonstrate a commitment to use such funds to implement reentry projects—
‘‘(A) that will serve high-crime or high-poverty areas;
‘‘(B) that will enroll in such reentry projects eligible youth or eligible
adults—
‘‘(i) prior to the release of such individuals from incarceration in a
correctional institution; or
‘‘(ii) not later than 90 days after such release;
‘‘(C) whose strategy and design are evidence-based;
‘‘(D) that establish partnerships with—
‘‘(i) businesses; or
‘‘(ii) institutions of higher education to provide project participants
with programs of study leading to recognized postsecondary credentials
in in-demand occupations;
‘‘(E) that provide training services that are designed to meet the basic re-
quirements of an employer (including a group of employers) and are con-
ducted with a commitment by the employer to employ individuals upon suc-
cessful completion of the training; or
‘‘(F) that demonstrate a track record and ongoing commitment of devel-
oping, implementing, and refining reentry programs that include employ-
ment, education, training, and support services for adults and youth with
current or prior justice system involvement.
‘‘(c) APPLICATION.—
‘‘(1) FORM AND PROCEDURE.—To be qualified to receive funds under this sec-
tion, an eligible entity shall submit an application at such time, and in such
manner, as determined by the Secretary, and containing the information de-
scribed in paragraph (2).
‘‘(2) CONTENTS.—An application submitted by an eligible entity under para-
graph (1) shall contain the following:
‘‘(A) A description of the eligible entity, including the experience of the
eligible entity in providing employment and training services for justice-in-
volved individuals.
‘‘(B) A description of the needs that will be addressed by the reentry
project supported by the funds received under this section, and the target
participant population and the geographic area to be served.
‘‘(C) A description of the proposed employment and training activities and
supportive services, if applicable, to be provided under such reentry project,
and how such activities and services will prepare participants for employ-
ment in in-demand industry sectors and occupations within the geographic
area to be served by such reentry project.
‘‘(D) The anticipated schedule for carrying out the activities proposed
under the reentry project.
‘‘(E) A description of—
‘‘(i) the partnerships the eligible entity will establish with agencies
and entities within the criminal justice system, local boards and one-
stops, community-based organizations, and employers (including local
businesses) to provide participants of the reentry project with work-
based learning, job placement, and recruitment (if applicable); and
‘‘(ii) how the eligible entity will coordinate its activities with other
services and benefits available to justice-involved individuals in the ge-
ographic area to be served by the reentry project.
‘‘(F) A description of the manner in which individuals will be recruited
and selected for participation for the reentry project.
‘‘(G) A detailed budget and a description of the system of fiscal controls,
and auditing and accountability procedures, that will be used to ensure fis-
cal soundness for the reentry project.
‘‘(H) A description of the expected levels of performance to be achieved
with respect to the performance measures described in subsection (e).
‘‘(I) A description of the evidence-based practices the eligible entity will
use in administration of the reentry project.
‘‘(J) An assurance that the eligible entity will collect, disaggregate by
race, ethnicity, gender, and other participant characteristics, and report to
the Secretary the data required with respect to the reentry project carried
out by the eligible entity for purposes of the evaluation under this section.
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‘‘(K) Any other information required by the Secretary.
‘‘(d) USES OF FUNDS.—
‘‘(1) IN GENERAL.—An eligible entity that receives funds under this section
shall use such funds to implement a reentry project for eligible adults, eligible
youth, or both that provides one or more of the following services:
‘‘(A) Supportive services.
‘‘(B) For participants who are eligible youth, one or more of the program
elements listed in subparagraphs (A) through (N) of section 129(c)(2).
‘‘(C) One or more of the individualized career services listed in subclause
(I) through (IX) of section 134(c)(2)(A)(xii).
‘‘(D) Follow-up services after placement in unsubsidized employment as
described in section 134(c)(2)(A)(xiii).
‘‘(E) One or more of the training services listed in clauses (i) through (x)(i)
in section 134(c)(3)(D), including subsidized employment opportunities
through transitional jobs.
‘‘(F) Apprenticeship programs.
‘‘(G) Education in digital literacy skills.
‘‘(H) Mentoring.
‘‘(I) Provision of or referral to evidence-based mental health treatment by
licensed practitioners.
‘‘(J) Assistance in obtaining employment as a result of the establishment
and development by the eligible entity of relationships and networks with
large and small employers.
‘‘(K) Assistance with driver’s license reinstatement and fees for driver’s
licenses and other necessary documents for employment.
‘‘(L) Provision of or referral to substance abuse treatment services, pro-
vided that funds awarded under this section are only used to provide such
services to participants who are unable to obtain such services through
other programs providing such services.
‘‘(M) Assistance in obtaining employment as a result of the coordination
by the eligible entity with employers to develop customized training pro-
grams and on-the-job training.
‘‘(2) ADMINISTRATIVE COST LIMIT.—An eligible entity may not use more than
10 percent of the funds received under this section for administrative costs, in-
cluding for costs related to collecting information, analysis, and coordination for
purposes of subsection (e) or (f).
‘‘(e) LEVELS OF PERFORMANCE.—
‘‘(1) ESTABLISHMENT OF LEVELS.—
‘‘(A) IN GENERAL.—The Secretary shall establish expected levels of per-
formance for reentry projects funded this section for—
‘‘(i) each of the primary indicators of performance for adults and
youth described in section 116(b); and
‘‘(ii) the additional performance indicators described in paragraph (2).
‘‘(B) UPDATES.—The levels established under subparagraph (A) shall be
updated for each 4-year award period.
‘‘(2) ADDITIONAL INDICATORS OF PERFORMANCE.—In addition to the indicators
described in paragraph (1)(A)(i), the Secretary—
‘‘(A) shall establish an indicator of performance for projects funded under
this section with respect participant recidivism; and
‘‘(B) may establish other performance indicators for such projects as the
Secretary determines appropriate.
‘‘(3) AGREEMENT ON PERFORMANCE LEVELS.—In establishing and updating per-
formance levels under paragraph (1), the Secretary shall reach agreement on
such levels with the eligible entities receiving awards under this section that
will be subject to such levels, based on factors including—
‘‘(A) the expected performance levels of each such eligible entity described
in the application submitted under subsection (c)(2)(H);
‘‘(B) local economic conditions of the geographic area to be served by each
such eligible entity, including differences in unemployment rates and job
losses or gains in particular industries; and
‘‘(C) the characteristics of the participants of the projects when the par-
ticipants enter the project involved, including—
‘‘(i) criminal records and indicators of poor work history;
‘‘(ii) lack of work experience;
‘‘(iii) lack of educational or occupational skills attainment;
‘‘(iv) low levels of literacy or English proficiency;
‘‘(v) disability status;
‘‘(vi) homelessness; and
‘‘(vii) receipt of public assistance.
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‘‘(4) FAILURE TO MEET PERFORMANCE LEVELS.—In the case of an eligible entity
that fails to meet the performance levels established under paragraph (1) for
the reentry project involved for any award year, the Secretary shall provide
technical assistance to the eligible entity, including the development of a per-
formance improvement plan.
‘‘(f) EVALUATION OF REENTRY PROJECTS.—
‘‘(1) IN GENERAL.—Not later than 5 years after the first award of funds under
this section is made, the Secretary (acting through the Chief Evaluation Officer)
shall meet the following requirements:
‘‘(A) DESIGN AND CONDUCT OF EVALUATION.—Design and conduct an eval-
uation to evaluate the effectiveness of the reentry projects funded under
this section, which meets the requirements of paragraph (2), and includes
an evaluation of each of the following:
‘‘(i) The effectiveness of such projects in assisting individuals with
finding employment and maintaining employment at the second quar-
ter and fourth quarter after unsubsidized employment is obtained.
‘‘(ii) The effectiveness of such projects in assisting individuals with
earning recognized postsecondary credentials.
‘‘(iii) The effectiveness of such projects in relation to their cost, in-
cluding the extent to which the projects improve reentry outcomes, in-
cluding in wages earned, benefits provided by employers, career ad-
vancement, measurable skills gains, credentials earned, housing,
health, and recidivism of participants in comparison to comparably sit-
uated individuals who did not participate in such projects.
‘‘(iv) The effectiveness of specific services and interventions provided
and of the overall project design.
‘‘(v) If applicable, the extent to which such projects meet the needs
of various demographic groups, including people of different geographic
locations, ages, races, national origins, sex, and criminal records, and
individuals with disabilities.
‘‘(vi) If applicable, the appropriate sequencing, combination, or con-
current structure, of services for each subpopulation of individuals who
are participants of such projects, such as the order, combination, or
concurrent structure and services in which transitional jobs and occu-
pational skills training are provided, to ensure that such participants
are prepared to fully benefit from employment and training services
provided under the project.
‘‘(vii) Limitations or barriers to education and employment as a result
of occupational or educational licensing restrictions, access to financial
aid, and access to housing.
‘‘(viii) The quality and effectiveness of technical assistance provided
by the Secretary for implementing such projects.
‘‘(ix) Other elements that the Chief Evaluation Officer may determine
to be appropriate.
‘‘(B) DATA ACCESSIBILITY.—Make available, on the publicly accessible
website of the Department of Labor, data collected during the course of
evaluation under this subsection, in an aggregated format that does not
provide personally identifiable information.
‘‘(2) DESIGN REQUIREMENTS.—An evaluation under this subsection—
‘‘(A) shall—
‘‘(i) be designed by the Secretary (acting through the Chief Evalua-
tion Officer) in conjunction with the eligible entities carrying out the
reentry projects being evaluated;
‘‘(ii) include analysis of participant feedback and outcome and process
measures; and
‘‘(iii) use designs that employ the most rigorous analytical and statis-
tical methods that are reasonably feasible, such as the use of control
groups; and
‘‘(B) may not—
‘‘(i) collect personally identifiable information, except to the extent
such information is necessary to conduct the evaluation; or
‘‘(ii) reveal or share personally identifiable information.
‘‘(3) PUBLICATION AND REPORTING OF EVALUATION FINDINGS.—The Secretary
(acting through the Chief Evaluation Officer) shall—
‘‘(A) in accordance with the timeline determined to be appropriate by the
Chief Evaluation Officer, publish an interim report on such evaluation;
‘‘(B) not later than 90 days after the date on which any evaluation is com-
pleted under this subsection, publish and make publicly available such
evaluation; and
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54
‘‘(C) not later than 60 days after the completion date described in sub-
paragraph (B), submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a report on such evaluation.
‘‘(g) ANNUAL REPORT.—
‘‘(1) CONTENTS.—Subject to paragraph (2), the Secretary shall post, using
transparent, linked, open, and interoperable data formats, on its publicly acces-
sible website an annual report on—
‘‘(A) the number of individuals who participated in projects assisted under
this section for the preceding year;
‘‘(B) the percentage of such individuals who successfully completed the re-
quirements of such projects; and
‘‘(C) the performance of eligible entities on such projects as measured by
the performance indicators set forth in subsection (e).
‘‘(2) DISAGGREGATION.—The information provided under subparagraphs (A)
through (C) of paragraph (1) with respect to a year shall be disaggregated by
each project assisted under this section for such year.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro-
priated to carry out this section—
‘‘(A) $250,000,000 for fiscal year 2023;
‘‘(B) $300,000,000 for fiscal year 2024;
‘‘(C) $350,000,000 for fiscal year 2025;
‘‘(D) $400,000,000 for fiscal year 2026;
‘‘(E) $450,000,000 for fiscal year 2027; and
‘‘(F) $500,000,000 for fiscal year 2028.
‘‘(2) RESERVATION OF FUNDS.—Of the funds appropriated under paragraph (1)
for a fiscal year, the Secretary—
‘‘(A) may reserve not more than 5 percent for the administration of
grants, contracts, and cooperative agreements awarded under this section,
of which not more than 2 percent may be reserved for the provision of—
‘‘(i) technical assistance to eligible entities that receive funds under
this section; and
‘‘(ii) outreach and technical assistance to eligible entities desiring to
receive such funds, including assistance with application development
and submission; and
‘‘(B) shall reserve not less than 1 percent and not more than 2.5 percent
for the evaluation activities under subsection (f) or to support eligible enti-
ties with any required data collection, analysis, and coordination related to
such evaluation activities.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) CHIEF EVALUATION OFFICER.—The term ‘Chief Evaluation Officer’ means
the head of the independent evaluation office located organizationally in the Of-
fice of the Assistant Secretary for Policy of the Department of Labor.
‘‘(2) COMMUNITY SUPERVISION.—The term ‘community supervision’ means
mandatory oversight (including probation and parole) of a formerly incarcerated
person—
‘‘(A) who was convicted of a crime by a judge or parole board; and
‘‘(B) who is living outside a secure facility.
‘‘(3) CORRECTIONAL INSTITUTION.—The term ‘correctional institution’ has the
meaning given the term in section 225(e).
‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) a private nonprofit organization under section 501(c)(3) of the Inter-
nal Revenue Code of 1986, including a community-based or faith-based or-
ganization;
‘‘(B) a local board;
‘‘(C) a State or local government;
‘‘(D) an Indian or Native American entity eligible for grants under section
166;
‘‘(E) a labor organization or joint labor-management organization; or
‘‘(F) a consortium of the entities described in subparagraphs (A) through
(E).
‘‘(5) ELIGIBLE ADULT.—The term ‘eligible adult’ means a justice-involved indi-
vidual who—
‘‘(A) is age 25 or older; and
‘‘(B) in the case of an individual that was previously incarcerated, was re-
leased from incarceration not more than 3 years prior to enrollment in a
project funded under this section.
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‘‘(6) ELIGIBLE YOUTH.—The term ‘eligible youth’ means a justice-involved indi-
vidual who is not younger than age 14 or older than age 24.
‘‘(7) HIGH-CRIME.—The term ‘high-crime’, when used with respect to a geo-
graphic area, means an area with crime rates that are higher than the rate for
the overall city (for urban areas) or of non-metropolitan area in the State (for
rural areas), as such terms are used by the Bureau of Labor Statistics.
‘‘(8) HIGH-POVERTY.—The term ‘high-poverty’, when used with respect to a ge-
ographic area, means an area with a poverty rate of at least 25 percent as de-
termined based on the most recently available data from the American Commu-
nity Survey conducted by the Bureau of the Census.’’.
SEC. 279. SECTORAL EMPLOYMENT THROUGH CAREER TRAINING FOR OCCUPATIONAL READ-
INESS (SECTOR) PROGRAM.
Subtitle D of title I (29 U.S.C. 3221 et seq.), as amended by this Act, is further
amended by inserting after section 173, as added by the preceding section, the fol-
lowing:
‘‘SEC. 174. SECTORAL EMPLOYMENT THROUGH CAREER TRAINING FOR OCCUPATIONAL
READINESS (SECTOR) PROGRAM.
‘‘(a) IN GENERAL.—From amounts appropriated under subsection (e)(1), and not
reserved under subsection (e)(2), the Secretary shall—
‘‘(1) use not less than 80 percent of such amounts to award grants under sub-
section (b) to each State to develop, convene, or expand industry or sector part-
nerships; and
‘‘(2) use not less than 20 percent of such amounts to award grants under sub-
section (c), on a competitive basis, to eligible industry or sector partnerships for
the purposes of expanding workforce development and employment opportuni-
ties for high-skill, high-wage, or in-demand industry sectors or occupations, as
determined by the Secretary.
‘‘(b) FORMULA GRANTS.—
‘‘(1) DISTRIBUTION OF FUNDS.—
‘‘(A) STATE ALLOTMENT.—From the amount determined by the Secretary
under subsection (a)(1), the Secretary shall allot funds to each State on the
basis of the relative allotment the State received under section 132(b) for
such fiscal year, compared to the total amount allotted to all States under
section 132(b) for such fiscal year.
‘‘(B) LOCAL AREA ALLOCATIONS.—The Secretary shall use the amounts al-
lotted under subparagraph (A) to distribute funds in the State to carry out
the activities described in paragraph (2) by—
‘‘(i) allocating funds to each local area of the State on the basis of the
relative allocation the local area received under section 133(b) for such
fiscal year, compared to the total amount allocated to all local areas in
the State under section 133(b) for such fiscal year; or
‘‘(ii) allocating funds to local areas of the State that have the highest
rates of unemployment or poverty, or the highest numbers of individ-
uals with barriers to employment in the State.
‘‘(C) TRANSFER AUTHORITY.—A local board may transfer, if such a transfer
is approved by the Governor, up to and including 100 percent of the funds
allocated to the local area under section 133(b), and up to and including 100
percent of the funds allocated to the local area under this subsection for a
fiscal year between—
‘‘(i) adult employment and training activities; and
‘‘(ii) activities under this section.
‘‘(2) USE OF FUNDS.—The funds awarded under paragraph (1) may be used
to—
‘‘(A) regularly convene stakeholders in a collaborative structure to iden-
tify, develop, improve, or expand training, employment, and growth oppor-
tunities for high-skill, high-wage, or in-demand industry sectors or occupa-
tions;
‘‘(B) form, expand, and improve training programs, to be managed by eli-
gible industry and sector partnerships that include attainment of industry-
recognized credentials, the integration of work-based learning activities
with training curricula and occupational certification programs, and that
address specific workforce issues and needs of groups of workers, with a
priority on individuals with a barrier to employment, within regional labor
markets in the State;
‘‘(C) strengthen the coordination of eligible industry and sector partner-
ships and programs with the programs administered under subtitle B of
this title and with the one-stop partners described in section 121; and
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56
‘‘(D) to directly provide, or arrange for the provision of, services to help
individuals with barriers to employment and other participants complete
and successfully transition out of training described in subparagraph (B),
which services shall include career services, supportive services, or the pro-
vision of needs-related payments.
‘‘(c) COMPETITIVE GRANTS.—
‘‘(1) GRANTS AUTHORIZED.—From the amount determined by the Secretary
under subsection (a)(2), the Secretary shall award grants, on a competitive
basis, to eligible industry or sector partnerships for the purposes described in
subsection (a)(2).
‘‘(2) APPLICATION.—
‘‘(A) FORM AND PROCEDURE.—To receive a grant under this subsection,
the lead applicant on behalf of an eligible industry or sector partnership
shall submit to the Secretary an application at such time, in such manner,
and containing such information as specified by the Secretary.
‘‘(B) CONTENTS.—An application submitted under paragraph (1) shall con-
tain at a minimum the following:
‘‘(i) Identification of the high-skill, high-wage, or in-demand industry
sector or occupation on which such partnership is focused.
‘‘(ii) A description of the activities to be carried out under the grant.
‘‘(iii) A description of the workers that will be targeted for recruit-
ment as program participants, how a priority of service under the grant
will be provided to individuals with barriers to employment, and how
the activities will be designed to maximize access and eliminate bar-
riers to entry to training and other activities for such individuals.
‘‘(iv) A description of other Federal or non-Federal resources that will
be leveraged in support of the eligible industry or sector partnership
(including cash or in-kind contributions from private-sector partners).
‘‘(3) USES OF FUNDS.—An eligible industry or sector partnership awarded a
grant under this subsection shall use such grant funds—
‘‘(A) to engage and regularly convene stakeholders in a collaborative
structure to identify, develop, improve, or expand training, employment,
and growth opportunities for the high-skill, high-wage, or in-demand indus-
try sector or occupation on which such partnership is focused;
‘‘(B) to directly provide, or arrange for the provision of, high-quality, evi-
dence-based training for high-skill, high-wage, or in-demand industry sec-
tors or occupations on which such partnership is focused, which shall in-
clude training that leads to the attainment of nationally or regionally port-
able and stackable recognized postsecondary credentials for the industry
sector or occupations described in paragraph (A), including—
‘‘(i) training provided through apprenticeship programs, or pre-ap-
prenticeship programs that articulate to apprenticeship programs, labor
organizations, or joint labor-management partnerships;
‘‘(ii) on-the job training, customized training, and paid internships
and work experience;
‘‘(iii) incumbent worker training to support lower wage workers in
upgrading skills and advancing along a career pathway; and
‘‘(iv) training services, in addition to those described in clauses (i)
through (iii), that are authorized under section 134(c)(3)(D), including
occupational skills training; and
‘‘(C) to directly provide, or arrange for the provision of, services to help
individuals with barriers to employment and other participants complete
and successfully transition out of training described in subparagraph (B),
which services shall include career services, supportive services, or the pro-
vision of needs-related payments authorized under subsections (c)(2), (c)(4),
and (d)(3) of section 134.
‘‘(4) PRIORITY IN SELECTION OF GRANTS.—The Secretary shall give priority con-
sideration in applications that demonstrate the ability to serve eligible individ-
uals in targeted economic regions that are experiencing high-poverty, have tra-
ditionally been underserved by regional economic development and sector part-
nership activities (including rural areas), or is facing or at risk of facing signifi-
cant worker dislocation due to a disruption or change in the regional or State
economy or labor market.
‘‘(d) PROGRAM ACCOUNTABILITY AND EVALUATION.—
‘‘(1) IN GENERAL.—The grants awarded under this section are subject to—
‘‘(A) the primary indicators of performance under section 116(b)(2)(A) and
expected levels of performance relating to such indicators; and
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57
‘‘(B) such additional measures as the Secretary deems appropriate, which
may include skills attainment, wage or career progression, training-related
employment, and additional job quality measures.
‘‘(2) EVALUATION.—Not later than 5 years after the first award of funds under
this section is made the Secretary (acting through the chief evaluation officer)
shall design and conduct an evaluation to evaluate the effectiveness of the pro-
gram carried out this section.
‘‘(3) PUBLICATION.—The Secretary shall publish the outcomes of grantees
under the indicators and measures described in paragraph (1) and the evalua-
tion described in paragraph (2) on a publicly accessible website, and submit the
evaluation findings to the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education, Labor and Pensions
of the Senate.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.—
‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro-
priated to carry out this section—
‘‘(A) $1,000,000,000 for fiscal year 2023;
‘‘(B) $1,100,000,000 for fiscal year 2024;
‘‘(C) $1,210,000,000 for fiscal year 2025;
‘‘(D) $1,331,000,000 for fiscal year 2026;
‘‘(E) $1,464,100,000 for fiscal year 2027; and
‘‘(F) $1,610,510,000 for fiscal year 2028.
‘‘(2) RESERVATION OF FUNDS.—Of the funds appropriated under paragraph (1)
for a fiscal year, the Secretary may reserve not more than 5 percent which—
‘‘(A) may be used for administration of the program described in this sec-
tion, in addition to any other funds available for these activities, including
providing comprehensive technical assistance, targeted outreach to eligible
partnerships serving local areas with high unemployment rates or high per-
centages of low-income individuals or individuals with barriers to employ-
ment; and oversight to support eligible partnerships; and
‘‘(B) shall be used to conduct an evaluation of the activities carried out
under this section and for reporting on the performance and impact of pro-
grams funded under this section.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE INDUSTRY OR SECTOR PARTNERSHIP.—The term ‘eligible industry
or sector partnership’ means—
‘‘(A) an industry or sector partnership, which shall include multiple rep-
resentatives described in each of clauses (i) through (iii) of paragraph
(26)(A) of section 3; or
‘‘(B) a partnership of multiple entities described in section 3(26) and a
State board or local board, that is in the process of establishing an industry
or sector partnership.
‘‘(2) LEAD APPLICANT.—The term ‘lead applicant’ means an applicant for a
grant under this section that is a State board, local board, institution of higher
education, labor-management partnership, labor organization, industry associa-
tion, or other State and regional nonprofit organizations with experience in de-
signing, convening, and expanding industry or sector partnerships.’’.
SEC. 280. WORKFORCE DATA QUALITY INITIATIVE GRANTS.
Subtitle D of title I (29 U.S.C. 3221 et seq.), as amended by this Act, is further
amended by inserting after section 174, as added by the preceding section, the fol-
lowing:
‘‘SEC. 175. WORKFORCE DATA QUALITY INITIATIVE GRANTS.
‘‘(a) AUTHORITY.—The Secretary is authorized to award grants, on a competitive
basis, to States to create workforce longitudinal administrative databases and asso-
ciated resources for the purpose of strengthening workforce development program
quality, protecting privacy, and improving transparency.
‘‘(b) PRIORITY.—In awarding grants under this section, the Secretary shall give
priority to States that—
‘‘(1) have not previously received such a grant;
‘‘(2) have the greatest need to improve their data infrastructure;
‘‘(3) will use non-Federal contributions to improve State data infrastructure
and related resources;
‘‘(4) support co-enrollment in workforce related programs;
‘‘(5) participate and contribute data to the State’s linked longitudinal data
system, including submitting data that when linked with elementary and sec-
ondary school and postsecondary data, provides the State the ability to create
more data tools and analytics; and
‘‘(6) enable research and program improvement activities.
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‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Funds made available under this section shall
be used to supplement, and not supplant, other Federal, State, or local funds used
for developing State data systems.
‘‘(d) ADMINISTRATIVE COSTS.—The Secretary shall reserve not more than 10 per-
cent of funds made available to carry out this section for each fiscal year for the
provision of technical assistance to support the implementation of grants awarded
under this section.
‘‘(e) PRIVACY.—Nothing in this section shall require the disaggregation of data
when the number of individuals in a category is insufficient to yield statistically re-
liable information or when the results would reveal personally identifiable informa-
tion about an individual, or would reveal such information when combined with
other released information.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated
to carry out this section—
‘‘(1) $40,000,000 for fiscal year 2023;
‘‘(2) $35,000,000 for fiscal year 2024;
‘‘(3) $30,000,000 for fiscal year 2025;
‘‘(4) $25,000,000 for fiscal year 2026;
‘‘(5) $20,000,000 for fiscal year 2027; and
‘‘(6) $15,000,000 for fiscal year 2028.
‘‘(g) DEFINITION.—In this section, the term ‘State’ has the meaning given the term
in section 3, except such term also includes each of the outlying areas (as defined
in section 3).’’.
SEC. 281. AUTHORIZATION OF APPROPRIATIONS.
Section 176 (as redesignated by section 277), is amended to read as follows:
‘‘SEC. 176. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) NATIVE AMERICAN PROGRAMS.—There are authorized to be appropriated to
carry out section 166 (not including subsection (k) of such section)—
‘‘(1) $66,400,000 for fiscal year 2023;
‘‘(2) $73,000,000 for fiscal year 2024;
‘‘(3) $80,300,000 for fiscal year 2025;
‘‘(4) $88,300,000 for fiscal year 2026;
‘‘(5) $97,100,000 for fiscal year 2027; and
‘‘(6) $106,800,000 for fiscal year 2028.
‘‘(b) MIGRANT AND SEASONAL FARMWORKER PROGRAMS.—There are authorized to
be appropriated to carry out section 167—
‘‘(1) $109,100,000 for fiscal year 2023;
‘‘(2) $114,600,000 for fiscal year 2024;
‘‘(3) $120,300,000 for fiscal year 2025;
‘‘(4) $126,300,000 for fiscal year 2026;
‘‘(5) $132,600,000 for fiscal year 2027; and
‘‘(6) $139,200,000 for fiscal year 2028.
‘‘(c) TECHNICAL ASSISTANCE.—There are authorized to be appropriated to carry out
section 168—
‘‘(1) $3,600,000 for fiscal year 2023;
‘‘(2) $3,800,000 for fiscal year 2024;
‘‘(3) $4,000,000 for fiscal year 2025;
‘‘(4) $4,200,000 for fiscal year 2026;
‘‘(5) $4,400,000 for fiscal year 2027; and
‘‘(6) $4,600,000 for fiscal year 2028.
‘‘(d) EVALUATIONS AND RESEARCH.—There are authorized to be appropriated to
carry out section 169—
‘‘(1) $116,700,000 for fiscal year 2023;
‘‘(2) $122,500,000 for fiscal year 2024;
‘‘(3) $128,600,000 for fiscal year 2025;
‘‘(4) $135,000,000 for fiscal year 2026;
‘‘(5) $141,800,000 for fiscal year 2027; and
‘‘(6) $148,900,000 for fiscal year 2028.’’.
Subtitle E—Administration
SEC. 291. NONDISCRIMINATION.
Section 188 (29 U.S.C. 3248) is amended—
(1) in subsection (a)(5), by adding at the end the following: ‘‘Provided that it
shall not be a violation of this paragraph to exclude any individual from partici-
pation or employment in programs or activities receiving Federal financial as-
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sistance where such participation or employment, or access to the premises
upon which any part of such program, activity, or employment is performed, is
subject to any requirements imposed in the interest of the national security of
the United States under any security program in effect pursuant to or adminis-
tered under any statute or regulation of the United States, Executive Order of
the President, or other Federal contractual requirement, and such individual
does not meet such requirements.’’; and
(4) in subsection (e) is amended by striking ‘‘Workforce Innovation and Oppor-
tunity Act’’ and inserting ‘‘Workforce Innovation and Opportunity Act of 2022’’.
SEC. 292. SECRETARIAL ADMINISTRATIVE AUTHORITIES AND RESPONSIBILITIES.
Section 189 (29 U.S.C. 3249) is amended—
(1) in subsection (d), by striking ‘‘the Workforce’’ and inserting ‘‘Labor’’;
(2) in subsection (g)(2)(B)(ii), by striking ‘‘subsection (a) or (b) of section 169
(relating to evaluations, research projects, studies and reports, and multistate
projects)’’ and inserting ‘‘subsection (a), (b), or (c) of section 169 relating to eval-
uations, research projects, studies and reports, multistate projects, and the
workforce development innovation fund’’;
(3) by striking subsection (h);
(4) by redesignating subsection (i) as subsection (h); and
(5) by amending paragraph (3)(A)(ii) of subsection (h) (as so redesignated) to
read as follows:
‘‘(ii) any of the statutory or regulatory requirements of the Wagner-
Peyser Act (29 U.S.C. 49 et seq.) (excluding requirements relating to
the provision of services to unemployment insurance claimants and vet-
erans, the colocation of employment service offices with one-stop cen-
ters, the designation of a cooperating State agency, and requirements
relating to universal access to basic labor exchange services without
cost to jobseekers).’’.
SEC. 293. GUARD RAILS FOR PROGRAM INTEGRITY.
Section 194 (29 U.S.C. 3254) is amended by adding at the end the following:
‘‘(16) An institution of higher education that is a proprietary institution of
higher education (as defined in section 102(a)(1)(A) of the Higher Education Act
of 1965 (20 U.S.C. 1002(a)(1)(A)) may not be—
‘‘(A) designated or certified as a one-stop operator under section 121(d),
or awarded funds under this title to operate a one-stop center; or
‘‘(B) appointed to a State board or local board under section 101 or 107,
respectively.’’.
TITLE III—ADULT EDUCATION AND FAMILY
LITERACY
SEC. 301. FAMILY LITERACY.
The heading of title II of the Workforce Innovation and Opportunity Act (29
U.S.C. 3271 et seq.) is amended by inserting ‘‘FAMILY’’ before ‘‘LITERACY’’.
SEC. 302. PURPOSE.
Section 202 (29 U.S.C. 3271) is amended—
(1) in the matter preceding paragraph (1), by inserting ‘‘family’’ before ‘‘lit-
eracy activities’’;
(2) by amending paragraph (1) to read as follows:
‘‘(1) assist adults to become literate and obtain the knowledge and skills (in-
cluding digital skills) necessary for employment, economic self-sufficiency, and
full participation in all aspects of adult life;’’;
(3) in paragraph (4)(A)—
(A) in clause (i), by striking ‘‘and’’ at the end; and
(B) by inserting after clause (ii) the following:
‘‘(iii) digital skills; and’’;
SEC. 303. DEFINITIONS.
Section 203 (29 U.S.C. 3272) is amended—
(1) in paragraph (1)—
(A) in subparagraph (B), by striking ‘‘and’’ at the end;
(B) by redesignating subparagraph (C) as subparagraph (D); and
(C) by inserting after subparagraph (B) the following:
‘‘(C) develop and use digitial technology skills; and’’;
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(2) in paragraph (2), by inserting ‘‘, digital skills activities offered in conjunc-
tion with other adult education and literacy activities’’ after ‘‘family literacy ac-
tivities’’;
(3) in paragraph (3), by inserting ‘‘family’’ before ‘‘literacy activities’’;
(4) in paragraph (4)(C)(i), by striking ‘‘is basic skills deficient’’ and inserting
‘‘has foundational skills needs’’;
(5) in paragraph (9)—
(A) in the matter preceding subparagraph (A), by striking ‘‘economic pros-
pects’’ and inserting ‘‘economic and educational prospects’’; and
(B) by adding at the end the following:
‘‘(E) Digital literacy activities to enable parents or family members to de-
velop and use digital literacy skills to support their children’s learning.’’;
(6) by amending paragraph (11) to read as follows:
‘‘(11) INTEGRATED EDUCATION AND TRAINING.—The term ‘integrated education
and training’ means a service approach that provides adult education and fam-
ily literacy activities concurrently and contextually with workforce preparation
activities and workforce training (and which may be provided concurrently with
other adult education activities and services, such as adult basic education) for
a specific high-wage, high demand occupation or occupational cluster (including,
as appropriate, for apprenticeship and pre-apprenticeship programs) for the
purpose of educational and career advancement.’’;
(7) by amending paragraph (12) to read as follows:
‘‘(12) INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.—The term ‘inte-
grated English literacy and civics education’ means instruction in literacy and
English and other education services provided to English language learners who
are adults, including professionals with degrees and credentials in their native
countries—
‘‘(A) that enables such adults—
‘‘(i) to achieve competency in the English language;
‘‘(ii) to build knowledge of United States history and civics;
‘‘(iii) to prepare for United States citizenship and the naturalization
process;
‘‘(iv) to use digital technology at levels of proficiency necessary to
function effectively as a worker, a parent or a family member, and a
member of society;
‘‘(v) to apply for Federal and other student financial aid and enroll
in postsecondary education or other further learning; and
‘‘(vi) to locate and apply for registered apprenticeship or pre-appren-
ticeship programs; and
‘‘(B) which may include—
‘‘(i) preparation for a high school equivalency diploma or postsec-
ondary training or education;
‘‘(ii) preparation for employment;
‘‘(iii) preparation for apprenticeship or pre-apprenticeship programs,
or the provision of information regarding where to acquire that prepa-
ration; or
‘‘(iv) instruction in—
‘‘(I) navigating the early childhood, elementary and secondary,
and postsecondary education systems;
‘‘(II) financial literacy;
‘‘(III) the housing market in the United States; or
‘‘(IV) accessing Federal, State, and local health care systems.’’;
(8) in paragraph (13) by striking ‘‘and solve problems,’’ and all that follows
through the period at the end and inserting ‘‘solve problems, and use digital
technology at levels of proficiency necessary to function effectively as an em-
ployee, a parent or a family member, and a member of society.’’;
(9) by redesignating paragraphs (16) and (17) as paragraphs (17) and (18), re-
spectively;
(10) by inserting after paragraph (15), the following:
‘‘(16) UNIVERSAL DESIGN FOR LEARNING.—The term ‘universal design for learn-
ing’ has the meaning given the term in section 103 of the Higher Education Act
of 1965 (20 U.S.C. 1003).’’; and
(11) in paragraph (18), as redesignated by paragraph (9)—
(A) by striking ‘‘using information’’ and inserting ‘‘using and acquiring in-
formation’’; and
(B) by striking ‘‘education or training’’ and inserting ‘‘education or train-
ing (including registered apprenticeship and pre-apprenticeship programs)’’.
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SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
Section 206 (29 U.S.C. 3275) is amended by striking ‘‘$577,667,000 for fiscal year
2015’’ and all that follows through the period at the end and inserting ‘‘$785,100,000
for fiscal year 2023, $824,400,000 for fiscal year 2024, $865,600,000 for fiscal year
2025, $908,900,000 for fiscal year 2026, $954,300,000 for fiscal year 2027, and
$1,002,000,000 for fiscal year 2028.’’.
SEC. 305. PERFORMANCE ACCOUNTABILITY SYSTEM.
Section 212 (29 U.S.C. 3292) is amended to read as follows:
‘‘SEC. 212. PERFORMANCE ACCOUNTABILITY SYSTEM.
‘‘(a) IN GENERAL.—Programs and activities authorized in this title are subject to
the performance accountability provisions described in section 116.
‘‘(b) INNOVATIVE PERFORMANCE ACCOUNTABILITY SYSTEM DEMONSTRATION PRO-
GRAM.—
‘‘(1) IN GENERAL.—The Secretary may authorize one or more eligible entities
to implement an innovative performance accountability system that uses alter-
native primary indicators of performance that reflect the objectives and activi-
ties of the entity’s adult education and family literacy programs and measure
the attainment of the education and employment goals of the participants in
such programs. The innovative performance accountability system may in-
clude—
‘‘(A) performance indicators attained while an individual is enrolled in an
adult education and family literacy program; and
‘‘(B) performance indicators attained after an individual exits such a pro-
gram.
‘‘(2) DEMONSTRATION PERIOD.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the period
during which an eligible entity may carry out an innovative accountability
system authorized under this subsection shall be a period determined by
the Secretary that does not exceed five years.
‘‘(B) EXTENSION.—The Secretary may extend, by up to one year, the dem-
onstration period determined under subparagraph (A) for an eligible entity
if—
‘‘(i) the Secretary determines that the innovative accountability sys-
tem implemented by the entity is successfully meeting the objectives of
this subsection; and
‘‘(ii) the total period during which the entity implements such system
under the demonstration program, inclusive of such extension, does not
exceed six years.
‘‘(3) APPLICATION.—
‘‘(A) IN GENERAL.—Subject to subparagraph (C), an eligible entity that
seeks authorization to implement an innovative performance accountability
system under this subsection shall submit to the Secretary an application
at such time, in such manner, and containing such information as the Sec-
retary may require.
‘‘(B) CONTENTS.—At a minimum, each application under this paragraph
shall include—
‘‘(i) a description of the objectives of the innovative performance ac-
countability system proposed by the eligible entity;
‘‘(ii) a description of such accountability system, including a descrip-
tion of the performance indicators to be used;
‘‘(iii) the duration of the period over which the entity intends to carry
out the proposed accountability system;
‘‘(iv) an explanation of why the entity believes the alternative indica-
tors of performance proposed by the entity would more accurately
measure the attainment of the objectives of the entity’s adult education
and family literacy programs compared to the indicators of performance
described in section 116(b)(2)(A)(i);
‘‘(v) an explanation of how the proposed performance indicators are
expected to provide a valid and reliable measurement of the effective-
ness of the entity’s adult education and family literacy programs with
respect to the individuals served by such programs;
‘‘(vi) a description of how the entity will report to the Secretary and
make publicly available the proposed indicators of performance on a
timely basis;
‘‘(vii) an assurance that the entity will prepare and submit the final
report required under paragraph (4); and
‘‘(viii) a description of how the innovative accountability system may
be relevant to and replicated by States and outlying areas.
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‘‘(C) REVIEW OF CERTAIN APPLICATIONS.—In a case in which an eligible en-
tity that is a consortium of eligible providers seeks authorization to imple-
ment an innovative performance accountability system under this sub-
section—
‘‘(i) the consortium shall submit the application described in subpara-
graph (A) to the eligible agency of the State or outlying area in which
the consortium intends to implement the system;
‘‘(ii) the eligible agency shall review the application; and
‘‘(iii) if the eligible agency approves the application, the agency shall
forward the application to the Secretary together with any comments
of the agency regarding the content of the application.
‘‘(4) PROGRESS REPORT.—
‘‘(A) IN GENERAL.—Not later than 180 days before the end of the initial
demonstration period applicable to an eligible entity under paragraph
(2)(A), and before the Secretary authorizes any extension of the demonstra-
tion period under paragraph (2)(B) for such entity, the eligible entity shall
submit to the Secretary a report on the initial progress (in this paragraph
referred to as the ‘progress report’) of the innovative accountability system
implemented by the eligible entity under this section.
‘‘(B) ELEMENTS.—The progress report under subparagraph (A) shall be
based on the annual information submitted by participating local providers
and shall include an assessment of the following:
‘‘(i) The burden placed on the local programs to implement and carry
out the innovative accountability system.
‘‘(ii) Whether and to what extent—
‘‘(I) the eligible entity has solicited feedback from local program
directors and instructors about their satisfaction with the innova-
tive accountability system;
‘‘(II) local program instructors and directors have demonstrated
a commitment and capacity to implement or continue to implement
the system;
‘‘(III) the system was used to measure the performance indicators
for all students participating in the system; and
‘‘(IV) the innovative accountability system can be used across
States.
‘‘(C) PEER REVIEW.—
‘‘(i) IN GENERAL.—The eligible entity shall conduct a peer review of
the innovative performance accountability system implemented by the
eligible entity under this section.
‘‘(ii) PEER REVIEW TEAM.—For purposes of conducting the peer review
under clause (i), the eligible entity shall assemble a team of subject
matter experts who—
‘‘(I) are knowledgeable about innovative accountability systems;
and
‘‘(II) have demonstrated experience developing and implementing
such systems.
‘‘(iii) METHODOLOGY.—The methodology of the peer review shall meet
requirements to be jointly established by the Secretary of Labor and
Secretary of Education.
‘‘(iv) ELEMENTS.—The peer review shall determine the extent to
which the innovative accountability system includes primary indicators
that reflect the objectives and activities of the State’s adult education
and family literacy programs.
‘‘(D) COMMENTS.—The eligible entity shall provide a response to the find-
ings of the progress report.
‘‘(E) PUBLIC AVAILABILITY.—The progress report under this paragraph, in-
cluding any comments provided under subparagraph (D), shall be made
available on a publicly accessible website of the eligible entity.
‘‘(5) FINAL REPORT.—Not later than one year after the conclusion of the dem-
onstration period applicable to an eligible entity under paragraph (2), the entity
shall submit to the Secretary a report on the results of the innovative perform-
ance accountability system implemented by the entity under this subsection.
Each such report shall include the entity’s assessment of whether, and to what
extent, the innovative performance accountability system achieved its objec-
tives.
‘‘(6) CONTINUED REPORTING.—An eligible entity shall continue to report to the
State, or the Secretary, as applicable, on the indicators of performance described
in section 116(b)(2)(A)(i) during the demonstration period.
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‘‘(7) DEVELOPMENT AND DISSEMINATION OF BEST PRACTICES.—The Secretary
shall—
‘‘(A) based on the results of the demonstration programs authorized under
this subsection and in consultation with the Director of the Institute of
Education Sciences and the Secretary of Labor, identify best practices for
the development and implementation of innovative performance account-
ability systems; and
‘‘(B) disseminate information on those practices, including by making
such information available on a publicly accessible website of the Depart-
ment of Education.
‘‘(8) RELATIONSHIP TO OTHER REQUIREMENTS.—Nothing in this subsection
shall be construed to supersede the requirements of section 116 or to authorize
the Secretary to modify or replace the performance accountability measures re-
quired under section 116. An eligible entity participating in a demonstration
program under this subsection shall be subject to the applicable requirements
of section 116 while participating in such program.
‘‘(9) ELIGIBLE ENTITY DEFINED.—In this subsection, the term ‘eligible entity’
means—
‘‘(A) an eligible agency;
‘‘(B) a consortium of eligible agencies; or
‘‘(C) a consortium of eligible providers within a State or outlying area.’’.
SEC. 306. STATE DISTRIBUTION OF FUNDS; MATCHING REQUIREMENT.
Section 222(b) (29 U.S.C. 3302(b)) is amended by adding at the end the following:
‘‘(3) PUBLIC AVAILABILITY OF INFORMATION ON MATCHING FUNDS.—Each eligi-
ble agency shall maintain, on a publicly accessible website of such agency and
in an easily accessible format, information documenting the non-Federal con-
tributions made available to adult education and family literacy programs pur-
suant to this subsection, including—
‘‘(A) the sources of such contributions; and
‘‘(B) in the case of funds made available by a State or outlying area, an
explanation of how such funds are distributed to eligible providers.’’
SEC. 307. STATE LEADERSHIP ACTIVITIES.
Section 223(a) (29 U.S.C. 3303(a)) is amended—
(1) in paragraph (1)(C)—
(A) by amending clause (ii) to read as follows:
‘‘(ii) the role of eligible providers as a one-stop partner to provide ac-
cess to employment, education (including apprenticeship and pre-ap-
prenticeship programs), and training services;’’;
(B) in clause (iii), by striking the period at the end and inserting ‘‘; and’’;
and
(C) by adding at the end the following:
‘‘(iv) assistance for students to be able to locate and apply for appren-
ticeship and pre-apprenticeship programs.’’; and
(2) in paragraph (2)—
(A) in subparagraph (J), by striking the period at the end and inserting
‘‘, such as the development and maintenance of policies for the credentialing
of adult educators who demonstrate effectiveness.’’;
(B) by redesignating subparagraph (M) as subparagraph (N); and
(C) by inserting after subparagraph (L) the following:
‘‘(M) Strengthening the quality of adult education and family literacy pro-
grams in the State through support for improved credentials, program qual-
ity standards, and certification and accreditation requirements.’’.
SEC. 308. GRANTS AND CONTRACTS FOR ELIGIBLE PROVIDERS.
Section 231(e)(6) (29 U.S.C. 3321(e)(6)) is amended by striking ‘‘including scientif-
ically valid research and effective educational practice’’ and inserting ‘‘including the
application of the principles of universal design for learning, scientifically valid re-
search, and effective educational practice’’.
SEC. 309. LOCAL ADMINISTRATIVE COST LIMITS.
Section 233(a) (29 U.S.C. 3323(a)) is amended—
(1) in paragraph (1), by striking ‘‘95 percent’’ and inserting ‘‘85 percent’’; and
(2) by amending paragraph (2) to read as follows:
‘‘(2) of the remaining amount—
‘‘(A) not more than 10 percent may be used for professional development
for adult educators; and
‘‘(B) not more than 5 percent may be used for planning, administration
(including carrying out the requirements of section 116), and the activities
described in paragraphs (3) and (5) of section 232.’’.
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SEC. 310. NATIONAL LEADERSHIP ACTIVITIES.
Section 242 (29 U.S.C. 3332) is amended—
(1) by amending paragraph (1) of subsection (b) to read as follows:
‘‘(1) assistance to help States meet the requirements of section 116, including
assistance to ensure that—
‘‘(A) the outcomes and other data required pursuant to that section are
collected and reported in a timely and accessible manner; and
‘‘(B) such data are reported consistently across States and eligible pro-
viders and are reviewed for quality and consistency by the Department of
Education;’’;
(2) in subsection (c)—
(A) in paragraph (1)—
(i) by striking ‘‘and’’ at the end of subparagraph (C);
(ii) in subparagraph (D), by striking the period at the end and insert-
ing ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(E) assistance in the dissemination or provision of information for ap-
prenticeship and pre-apprenticeship programs.’’; and
(B) in paragraph (2)—
(i) in subparagraph (F), by striking ‘‘and’’ at the end;
(ii) by redesignating subparagraph (G) as subparagraph (L); and
(iii) by inserting after subparagraph (F) the following:
‘‘(G) developing and rigorously evaluating model programs for the prepa-
ration of effective adult educators;
‘‘(H) carrying out initiatives to support the professionalization of adult
education through—
‘‘(i) the creation and implementation of full-time staffing models; and
‘‘(ii) improved credentials, program quality standards, and certifi-
cation and accreditation requirements that States may adopt on a vol-
untary basis;
‘‘(I) carrying out initiatives to support the professionalization of adult
education through the creation and implementation of full-time staffing
models;
‘‘(J) providing professional development and technical assistance to adult
educators;
‘‘(K) incorporating the principles of universal design for learning for any
activity carried out under subsection (b); and’’.
SEC. 311. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION.
Section 243 (29 U.S.C. 3333) is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) IN GENERAL.—From funds made available under section 211(a)(2) for each fis-
cal year, the Secretary shall award grants to States, from allotments under sub-
section (b), for English literacy and civics education, in combination with workforce
preparation activities, workplace adult education and family literacy activities, ap-
prenticeship and pre-apprenticeship programs, integrated education and training ac-
tivities, or work-based learning.’’;
(2) in subsection (c)—
(A) in paragraph (1), by striking ‘‘, and place such adults in,’’; and
(B) in paragraph (2), by inserting before the period the following: ‘‘, in-
cluding the identification of in-demand industries and the placement of
adult English language learners in unsubsidized employment within these
industries’’; and
(3) by adding at the end the following:
‘‘(e) STATE DEFINED.—In this section, the term ‘State’ has the meaning given the
term in section 3, except that such term also includes each of the outlying areas
(as defined in section 3).’’.
SEC. 312. TECHNICAL CORRECTIONS TO OTHER LAWS.
Section 9215(c) of the Every Student Succeeds Act (Public Law 114–95) is amend-
ed—
(1) in the subsection heading, by striking ‘‘ADULT EDUCATION AND LITERACY
ACT’’ and inserting ‘‘ADULT EDUCATION AND FAMILY LITERACY ACT’’; and
(2) by striking ‘‘the Adult Education and Literacy Act’’ and inserting ‘‘the
Adult Education and Family Literacy Act’’.
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TITLE IV—GENERAL PROVISIONS
SEC. 401. PROHIBITION OF NATIONAL DATABASE MANAGEMENT.
Section 501(b) (29 U.S.C. 3341) is amended to read as follows:
‘‘(b) PROHIBITION OF NATIONAL DATABASE MANAGEMENT.—Nothing in this Act (or
the amendments to other laws made by the Workforce Innovation and Opportunity
Act of 2022) shall be construed to permit the development, management, analysis,
or maintenance by a private entity (whether for-profit or non-profit) of a national
database of personally identifiable information of individuals receiving services
under title I, or the amendments to other laws made by the Workforce Innovation
and Opportunity Act of 2022.’’.
SEC. 402. ACCESSIBILITY.
Subtitle A of title V (29 U.S.C. 3341 et seq.) is further amended by adding at the
end the following:
‘‘SEC. 507. ACCESSIBILITY.
‘‘Any uses of digital technology for the purpose of delivery of service under this
Act shall ensure that the website or electronic communication conform to Level AA
of the Web Content Accessibility Guidelines 2.0 of the Web Accessibility Initiative
(or any successor guidelines).’’.
TITLE V—AMENDMENTS TO THE WAGNER-
PEYSER ACT
SEC. 501. INCLUSION OF COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS AND AMER-
ICAN SAMOA.
The Wagner-Peyser Act (29 U.S.C. 49 et seq.) is amended—
(1) in section 2(5) (29 U.S.C. 49a(5))—
(A) by striking ‘‘the Commonwealth of Puerto Rico’’ and inserting ‘‘Puerto
Rico’’; and
(B) by inserting ‘‘the Commonwealth of the Northern Mariana Islands,
American Samoa,’’ after ‘‘Guam,’’;
(2) in section 5(b)(1) (29 U.S.C. 49d(b)(1)), by inserting ‘‘the Commonwealth
of the Northern Mariana Islands, and American Samoa,’’ after ‘‘Guam,’’;
(3) in section 6(a) (29 U.S.C. 49e(a))—
(A) by inserting ‘‘, the Commonwealth of the Northern Mariana Islands,
and American Samoa’’ after ‘‘except for Guam’’;
(B) by striking ‘‘allot to Guam’’ and inserting the following: ‘‘allot to—
‘‘(1) Guam’’;
(C) by striking the period at the end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(2) the Commonwealth of the Northern Mariana Islands and American
Samoa an amount which, in relation to the total amount available for the fiscal
year, is equal to the allotment percentage that Guam received of amounts avail-
able under this Act in fiscal year 1983.’’; and
(4) in section 6(b)(1) (29 U.S.C. 49e(b)(1)), in the matter following subpara-
graph (B), by inserting ‘‘, the Commonwealth of the Northern Mariana Islands,
American Samoa,’’ after ‘‘does not include Guam’’.
SEC. 502. WORKFORCE AND LABOR MARKET INFORMATION SYSTEM.
Section 15(g) of the Wagner-Peyser Act (29 U.S.C. 49l–2(g)) is amended to read
as follows:
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro-
priated to carry out this section $74,400,000 for fiscal year 2023, $78,100,000 for fis-
cal year 2024, $82,000,000 for fiscal year 2025, $86,100,000 for fiscal year 2026,
$90,400,000 for fiscal year 2027, and $94,900,000 for fiscal year 2028.’’.
TITLE VI—AMENDMENTS TO THE
REHABILITATION ACT OF 1973
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
(a) STATE PLANS.—Paragraph (1) of section 100(b) of the Rehabilitation Act of
1973 (29 U.S.C. 720(b)) is amended to read as follows:
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66
‘‘(1) IN GENERAL.—For the purpose of making grants to States under part B
to assist States in meeting the costs of vocational rehabilitation services pro-
vided in accordance with State plans under section 101, there are authorized
to be appropriated such sums as may be necessary for each of the fiscal years
2023 through 2028, except that—
‘‘(A) for fiscal year 2023 the amount to be appropriated shall be not less
than $4,052,400,000; and
‘‘(B) for fiscal year 2024 and each of the succeeding fiscal years, the
amount to be appropriated for such a fiscal year shall not be less than the
amount of the appropriation under this paragraph for the immediately pre-
ceding fiscal year, increased by the percentage change in the Consumer
Price Index determined under subsection (c) for the immediately preceding
fiscal year.’’.
(b) CLIENT ASSISTANCE PROGRAM.—Section 112(h) of the Rehabilitation Act of
1973 (29 U.S.C. 732(h)) is amended to read as follows:
‘‘(h) There are authorized to be appropriated to carry out the provisions of this
section—
‘‘(1) $15,507,800 for fiscal year 2023;
‘‘(2) $16,283,190 for fiscal year 2024;
‘‘(3) $17,097,350 for fiscal year 2025;
‘‘(4) $17,952,217 for fiscal year 2026;
‘‘(5) $18,849,828 for fiscal year 2027; and
‘‘(6) $19,792,319 for fiscal year 2028.’’.
(c) RESEARCH AND TRAINING.—Section 201 of the Rehabilitation Act of 1973 (29
U.S.C. 761) is amended to read as follows:
‘‘SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this title $134,357,300 for
fiscal year 2023, $141,075,165 for fiscal year 2024, $148,128,923 for fiscal year 2025,
$155,535,369 for fiscal year 2026, $163,312,138 for fiscal year 2027, and
$171,477,745 for fiscal year 2028.’’.
(d) TRAINING.—Section 302(i) of the Rehabilitation Act of 1973 (29 U.S.C. 772(i))
is amended to read as follows:
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated
to carry out this section $43,494,001 for fiscal year 2023, $45,668,701 for fiscal year
2024, $47,952,136 for fiscal year 2025, $50,349,743 for fiscal year 2026, $52,867,230
for fiscal year 2027, and $55,510,592 for fiscal year 2028.’’.
(e) DEMONSTRATION AND TRAINING PROGRAMS.—Section 303(e) of the Rehabilita-
tion Act of 1973 (29 U.S.C. 773(e)) is amended to read as follows:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carrying out this
section there are authorized to be appropriated $7,489,900 for fiscal year 2023,
$7,864,395 for fiscal year 2024, $8,257,615 for fiscal year 2025, $8,670,495 for fiscal
year 2026, $9,104,020 for fiscal year 2027, and $9,559,221 for fiscal year 2028.’’.
(f) NATIONAL COUNCIL ON DISABILITY.—Section 405 of the Rehabilitation Act of
1973 (29 U.S.C. 785) is amended to read as follows:
‘‘SEC. 405. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this title $4,117,300 for fis-
cal year 2023, $4,323,165 for fiscal year 2024, $4,539,323 for fiscal year 2025,
$4,766,289 for fiscal year 2026, $5,004,604 for fiscal year 2027, and $5,254,834 for
fiscal year 2028.’’.
(g) ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD.—Section
502(j) of the Rehabilitation Act of 1973 (29 U.S.C. 792(j)) is amended to read as fol-
lows:
‘‘(j) There are authorized to be appropriated for the purpose of carrying out the
duties and functions of the Access Board under this section $10,835,000 for fiscal
year 2023, $11,376,750 for fiscal year 2024, $11,945,588 for fiscal year 2025,
$12,542,867 for fiscal year 2026, $13,170,010 for fiscal year 2027, and $13,828,511
for fiscal year 2028.’’.
(h) PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.—Section 509(l) of the Re-
habilitation Act of 1973 (29 U.S.C. 794e(l)) is amended to read as follows:
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated
to carry out this section $22,808,500 for fiscal year 2023, $23,948,925 for fiscal year
2024, $25,146,371 for fiscal year 2025, $26,403,690 for fiscal year 2026, $27,723,874
for fiscal year 2027, and $29,110,068 for fiscal year 2028.’’.
(i) EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES.—Section
610 of the Rehabilitation Act of 1973 (29 U.S.C. 29 U.S.C. 795o) is amended to read
as follows:
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‘‘SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated to carry out this title $35,599,300 for fis-
cal year 2023, $37,379,265 for fiscal year 2024, $39,248,228 for fiscal year 2025,
$41,210,640 for fiscal year 2026, $43,271,172 for fiscal year 2027, and $45,434,730
for fiscal year 2028.’’.
(j) INDEPENDENT LIVING SERVICES.—Section 714 of the Rehabilitation Act of 1973
(29 U.S.C. 796e–3) is amended to read as follows:
‘‘SEC. 714. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this part $29,564,700 for
fiscal year 2023, $31,042,935 for fiscal year 2024, $32,595,082 for fiscal year 2025,
$34,224,836 for fiscal year 2026, $35,936,078 for fiscal year 2027, and $37,732,882
for fiscal year 2028.’’.
(k) CENTERS FOR INDEPENDENT LIVING.—Section 727 of the Rehabilitation Act of
1973 (29 U.S.C. 796f–6) is amended to read as follows:
‘‘SEC. 727. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this part $101,191,200 for
fiscal year 2023, $106,250,760 for fiscal year 2024, $111,563,298 for fiscal year 2025,
$117,141,463 for fiscal year 2026, $122,998,536 for fiscal year 2027, and
$129,148,463 for fiscal year 2028.’’.
(l) INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND.—Sec-
tion 753 of the Rehabilitation Act of 1973 (29 U.S.C. 796l) is amended to read as
follows:
‘‘SEC. 753. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this chapter $43,055,100 for
fiscal year 2023, $45,207,855 for fiscal year 2024, $47,468,248 for fiscal year 2025,
$49,841,660 for fiscal year 2026, $52,333,743 for fiscal year 2027, and $54,950,430
for fiscal year 2028.’’.
PURPOSE AND SUMMARY
The purpose of H.R. 7309, the Workforce Innovation and Oppor-
tunity Act of 2022 (WIOA of 2022),1 is to reauthorize and strength-
en the primary federal law—the Workforce Innovation and Oppor-
tunity Act of 2014 (WIOA of 2014)—governing the nation’s work-
force development system (WIOA). It fully funds WIOA programs
by authorizing $78 billion over six years; establishes a permanent
Department of Labor (DOL) program to help individuals released
from incarceration transition back to employment and access sus-
tainable career pathways; expands summer and year-round jobs
programs for youth; strengthens the quality of the Jobs Corps pro-
gram; codifies partnerships between employers and community col-
leges to provide high-quality job training; and strengthens industry
and sector partnerships to better meet the needs of both employers
and job seekers.
WIOA of 2022 has been endorsed by America Forward, American
Library Association, Association of Farmworker Opportunity Pro-
grams, Center for Employment Opportunities, Corporation for a
Skilled Workforce, Emsi Burning Glass, Jobs for the Future,
Keys2Work, MidWest Urban Strategies, National Council of State
Boards of Nursing, National Job Corps Association, National
League of Cities, National Skills Coalition, RecycleForce, REDF,
Results For America, San Diego Workforce Partnership, Transport
Workers Union of America, Unite LA, U.S. Conference of Mayors,
and YouthBuild USA.
1 H.R. 7309, 117th Cong. (as reported by the H. Comm. on Ed. & Labor, Apr. 5, 2022).
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COMMITTEE ACTION
117TH CONGRESS
On April 21, 2021, the Education and Labor (Committee) held a
bipartisan Member roundtable on the reauthorization of the Work-
force Innovation and Opportunity Act. During the roundtable,
Members and panelists discussed challenges facing the existing
workforce system and how the reauthorization of WIOA of 2014
could address those challenges. The panelists were: Mr. David
Bradley, Analyst in Labor Economics, Congressional Research
Service (CRS), Washington, DC; Ms. Dawn Locke, Acting Director,
Education, Workforce, and Income Security, Government Account-
ability Office (GAO), Washington, DC; Mr. Ron Painter, President
and CEO, National Association of Workforce Boards, Washington,
DC; and Ms. Maria Flynn, President and CEO, Jobs for the Future,
Boston, MA.
On May 13, 2021, the Committee held a bipartisan hearing enti-
tled ‘‘Workforce Innovation and Opportunity Act Reauthorization:
Creating Opportunities for Youth Employment.’’ The Committee
heard testimony on the challenges facing the youth activities au-
thorized under WIOA of 2014. The witnesses were: Ms. Chekemma
Fullmore-Townsend, President and CEO, Philadelphia Youth Net-
work, Philadelphia, PA; Mr. Thomas Showalter, Senior Advisor,
National Youth Employment Coalition, Washington, DC; Ms. Deb
Lindner, Human Resources Manager, Precor, Whitsett, NC; and
Mr. Byron Garret, President & CEO, National Job Corps Associa-
tion, Washington, DC.
On May 27, 2021, the Committee held a bipartisan hearing enti-
tled ‘‘Workforce Innovation and Opportunity Act Reauthorization:
Creating Employment Pathways for Dislocated Workers.’’ The Com-
mittee heard testimony on how to use the reauthorization of WIOA
of 2014 to mitigate worker displacement and promote lifelong
learning. The witnesses were: Mr. Joe Barela, Executive Director,
Colorado Department of Labor and Employment, Denver, CO; Mr.
P.J. McGrew, Executive Director, Indiana Governor’s Workforce
Cabinet, Indianapolis, IN; Mr. Matt Sigelman, Chief Executive Of-
ficer, Burning Glass Technologies, Boston, MA; and Ms. Portia Wu,
Managing Director, U.S. Public Policy, U.S. Government Affairs,
Microsoft Corporation, Washington, DC.
On June 15, 2021, the Committee held a bipartisan hearing enti-
tled ‘‘Workforce Innovation and Opportunity Act Reauthorization:
Examining Successful Models of Employment for Justice-Involved
Individuals.’’ The Committee heard testimony on the need for a
codified reentry grant that provides comprehensive services to jus-
tice-involved individuals. The witnesses were: Ms. Traci Scott, Vice
President of Workforce Development, National Urban League, New
York, NY; Mr. Gregg Keesling, President, Recycle Force, Indianap-
olis, IN; Ms. Pamela Lattimore, Senior Director for Research Devel-
opment, Division for Applied Justice Research, RTI International,
Research, Triangle Park, NC; and Ms. Wendi Safstrom, Executive
Director, SHRM Foundation, Alexandria, VA.
On March 31, 2022, Rep. Robert C. ‘‘Bobby’’ Scott (D–VA–3) in-
troduced H.R. 7309, the Workforce Innovation and Opportunity Act
of 2022, with Reps. Frederica Wilson (D–FL–24), Suzanne
Bonamici (D–OR–1), Juaquin Castro (D–TX–20), Sheila Cherfilus-
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69
McCormick (D–FL–20), Joe Courtney (D–CT–2), Jahana Hayes (D–
CT–5), Mondaire Jones (D–NY–17), Lucy McBath (D–GA–7),
Kweisi Mfume (D–MD–7), Joseph Morelle (D–NY–25), Frank
Mrvan (D–IN–1), Donald Norcross (D–NJ–1), Del. Gregorio Kilili
Camacho Sablan (D–MP–AL), Haley Stevens (D–MI–11), Mikie
Sherrill (D–NJ–11), Mark Takano (D–CA–41), and Andy Levin (D–
MI–9) as original cosponsors. The bill reauthorizes the Workforce
Innovation and Opportunity Act of 2014 and was referred to the
Committee.
On April 5, 2022, the Committee marked up H.R. 7309. An
Amendment in the Nature of a Substitute (ANS) was offered by
Rep. Jones that incorporated the provisions of H.R. 7309 and made
the following modifications:
• clarifies that proprietary schools are not excluded from in-
clusion on the eligible training provider list and provides pro-
gram integrity guardrails that foreclose their membership on
state and local boards and their ability to operate one-stop cen-
ters;
• adds digital literacy to the list of permissible program ele-
ments for youth services;
• adds assistive technology as an allowable use of funds to
accommodate those with disabilities for delivery of services;
• adds ‘‘age’’ as an element of professional development
training for staff of the one-stop delivery system;
• adds ‘‘Institution of Higher Education’’ to the list of enti-
ties eligible for Workforce Innovation Funds;
• increases authorization of appropriations under the Reha-
bilitation Act of 1973 (Rehabilitation Act) 2 for supported em-
ployment services for individuals with the most significant dis-
abilities as well as the Architectural and Transportation Bar-
riers Compliance Board; and
• makes other typographical and technical adjustments.
Four amendments to the ANS were offered:
• Rep. Mariannette Miller-Meeks (R–IA–2) offered a sub-
stitute amendment to reauthorize the WIOA of 2014 for six
years. The substitute amendment did not significantly increase
authorized funding levels but added allowable uses of funds for
statewide and local workforce development activities and codi-
fies the Reentry Employment Opportunities program, among
other changes. The amendment was defeated by a vote of 20
Yeas and 29 Nays.
• Rep. Bob Good (R–VA–5) offered an amendment to require
that WIOA participants comply with E-Verify. The amendment
was defeated by a vote of 21 Yeas and 29 Nays.
• Rep. Good offered an amendment to strike references to
‘‘registered’’ for the purposes of allowing work-based learning
opportunities other than the registered apprenticeship model.
The amendment was defeated by a vote of 21 Yeas and 28
Nays.
• Rep. Mary Miller (R–IL–15) offered an amendment to pro-
hibit WIOA funds from being used to reimburse health care
services. The amendment was defeated by a vote of 21 Yeas
and 29 Nays.
2 Rehabilitation Act of 1973, Pub. L. No. 93–112 (29 U.S.C. § 701 et seq.).
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70
• Rep. Miller (IL) offered an amendment to strike language
in the ANS that defines individuals with barriers to employ-
ment to include gender identity and sexual orientation and
other similar changes throughout. The amendment was de-
feated by a vote of 20 Yeas and 29 Nays.
The ANS was adopted by voice vote. The Committee ordered
H.R. 7909 to be reported favorably, as amended, to the House of
Representatives by a vote of 29 Yeas and 21 Nays.
COMMITTEE VIEWS
INTRODUCTION
The nation’s public workforce development system is currently
authorized by WIOA of 2014, which was enacted in 2014 3 as the
most recent reauthorization of federal workforce development pol-
icy. The law includes five titles: (I) workforce development activi-
ties; (II) adult education and literacy; (III) amendments to the
Wagner-Peyser Act of 1933 (Wagner-Peyser); (IV) amendments to
the Rehabilitation Act; and (V) general administrative provisions of
WIOA.
DOL administers Titles I and III, while the Department of Edu-
cation (ED) administers Titles II and IV, and the agencies jointly
administer cross-cutting provisions across the titles, including Title
V.
Title I of WIOA of 2014 funds adult, dislocated worker, and
youth services for training, career, and supportive services using a
statutory formula. Title I funds are distributed through a state
workforce board, which is comprised of businesses, public agencies,
community-based organizations, and labor organizations. The state
workforce board then allocates funds to local workforce boards. The
majority of formula funds are distributed to the local workforce
boards, making WIOA of 2014 a localized approach to federal work-
force investments. Title I also authorizes Job Corps, a residential
program for at-risk youth, and national programs such as Indian
and Native American (INA) Programs, the National Farmworker
Jobs Program (NFJP), and YouthBuild.
Title II of WIOA of 2014 funds basic education for out of school
adults, such as literacy and numeracy, with the aim of earning
coursework towards a secondary degree and basic foundational
skills for the job market. Title II also funds English language
learning and civics education for immigrants. Funds are awarded
to state education agencies who then distribute those funds to local
education providers, such as local education agencies or commu-
nity-based organizations. Of the funds to the states, 88 percent are
distributed based on the states’ relative share of adults who do not
have a high school diploma (or equivalent) and are not enrolled in
school. The remaining funds go to states based on the number of
immigrants who were admitted for permanent legal residence.
Title III of WIOA of 2014 amends Wagner-Peyser, which estab-
lished the Employment Service (ES) for the purpose of assisting job
seekers with career services, such as career counseling and job
placement assistance. Additionally, Wagner-Peyser established the
labor market information system, which job seekers rely on to
3 Pub. L. No. 113–128, 128 Stat. 1425 (2014) (codified as amended at 29 U.S.C. §§ 3101–3361).
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71
learn what job openings are available in their local area. Title III
amends Wagner-Peyser for the purposes of collocating the ES at
one-stop centers and authorizing new funds for the labor market
information system.
Title IV of WIOA of 2014 amends the Rehabilitation Act, which
authorizes vocational rehabilitation (VR) services to individuals
with disabilities. Funds are distributed to state VR agencies
through a formula. Funding for the state grants is mandatory and
is determined by using prior appropriations as a floor and then ad-
justing for inflation. In addition to the state grants, Title IV also
authorizes discretionary funding for several other VR programs,
such as the Client Assistance Program.
Despite being reauthorized several times with new levels of au-
thorized funding, federal investment in workforce development has
fallen markedly over time. While the U.S. labor force has grown by
roughly half over the past four decades, federal spending on work-
force development has fallen by two-thirds when adjusted for infla-
tion.4 Since 2002, the core WIOA formula programs—for adults,
dislocated workers, and youth—have seen a roughly 45 percent de-
cline in enacted federal funding when adjusted for inflation.5 As a
result, essential workforce development services are frequently un-
available to the people who need them most.
The WIOA of 2022 addresses these funding shortfalls by signifi-
cantly increasing authorized funding levels and makes a number of
changes to update and strengthen the existing workforce develop-
ment system. The bill addresses several broad issues that emerged
through the Committee’s hearings and other efforts to solicit feed-
back from stakeholders.
UPDATING AND ADDING KEY DEFINITIONS TO THE STATUTE
The WIOA of 2022 improves or expands on several existing
WIOA of 2014 definitions and adds new definitions to provide
greater clarity for the workforce system. Below are key revisions
and additions.
Apprenticeships and Pre-apprenticeships
Registered apprenticeships (RAs) are a proven strategy that have
demonstrated high-quality training and wage progression across
multiple industries. The bill adds a definition of ‘‘apprenticeship
programs’’ to WIOA and defines them as programs registered
under the National Apprenticeship Act (NAA). This added defini-
tion will ensure that WIOA funds will continue to be used only for
apprenticeships that are RAs.
Pre-apprenticeships are an important conduit to apprenticeship
programs and longer-term economic success, especially for individ-
uals from communities that have traditionally been underrep-
resented in apprenticeships. The bill defines a ‘‘pre-apprenticeship
program’’ as one that is designed to prepare participants for an ap-
4 Harry J. Holzer, The CEA Training Report: Very Wide of the Mark, NAT’L SKILLS COALITION
(Aug. 13, 2019), https://nationalskillscoalition.org/blog/industry-engagement/the-cea-training-
report-very-wide-of-the-mark/.
5 Committee analysis of Congressional Budget Office Historical Data and Economic Projections
(July 2021) and Budget of the United States Government appendix documents (FY2004–
FY2023).
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72
prenticeship program registered under the NAA. This definition is
to ensure that pre-apprenticeships lead to high-quality RAs.
Career Pathways
Career pathways is an educational approach that articulates
multiple steps of education or training that lead toward a career
path within an industry or occupation. It is a proven strategy for
employment and educational progress.6 WIOA of 2014 first codified
this approach by defining ‘‘career pathways.’’ The WIOA of 2022
amends the definition further to include supportive services, mul-
tiple entry and exit points, and a progression toward attainment of
a recognized postsecondary credential.7 These additions are in-
tended to build on the existing definition of ‘‘career pathways’’ by
allowing for more comprehensive services and flexibility of service.
The addition of multiple entry and exit points are intended for stu-
dents with different levels of preparedness to enter a designed ca-
reer pathway at different points based on their relevant prior edu-
cation. Additionally, the inclusion of supportive services is intended
to ensure that participants within a career pathway are afforded
the supports needed to progress along the articulated steps.
Competency
The bill adds a definition of ‘‘competency,’’ which includes the at-
tainment of the knowledge, skills, and abilities relevant to a sub-
ject area. Additionally, the definition of ‘‘competency’’ is tied to an
occupational skill standard and requires that it be demonstrated by
an appropriate proficiency measurement.8 The purpose of adding
this definition is to ensure that the term ‘‘competency,’’ when it is
used in the context of WIOA, denotes a standardized set of knowl-
edge and skills that has been established as necessary to succeed
in an occupation or industry and can be objectively assessed.
Dislocated Worker
Dislocated workers are workers who have lost a job through no
fault of their own, often due to changing economic circumstances.
As new causes of economic change emerge, the WIOA of 2014 defi-
nition of ‘‘dislocated workers’’ must be updated accordingly to re-
flect new realities in the U.S. economy. The bill revises the defini-
tion of ‘‘dislocated worker’’ in two ways to ensure that two cat-
egories of individuals who face challenges staying connected with
the traditional labor market are eligible for services.9 First, the bill
adds the term ‘‘long-term unemployed,’’ those who have been unem-
ployed for 27 weeks or longer. These individuals have not qualified
for unemployment compensation or been employed previously for a
sufficient duration to demonstrate attachment to the labor force.
However, the long-term unemployed—regardless of their prior
earnings or duration of employment—face unique challenges with
re-employment and are in need of WIOA assistance to regain a
foothold in the labor market. Second, the bill adds some types of
‘‘gig workers’’ to the definition, including those who are under-
6 Abt Associates, Dep’t of Labor, Career Pathways Descriptive Analytical Project Summary
(Jan. 2022), https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/ETA_Career%20Pathways
%20Descriptive%20and%20Analytical%20Project_One-Pager.pdf.
7 H.R. 7309, § 101(b).
8 H.R. 7309, § 101(p)(1).
9 H.R. 7309, § 101(c).
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73
employed and engaged in occasional work for remuneration and
those who are self-employed but looking for part-time work. This
definition is consistent with the definition that was used to provide
pandemic relief funds to gig workers.10 When WIOA of 2014 was
passed, the gig economy was in its infancy. Since then, the gig
economy has expanded significantly. Now, according to a study, be-
tween 25 and 35 percent of workers engage in non-standard or gig
work on a supplementary or primary basis.11 And many gig work-
ers are dissatisfied with their employment situations and would
prefer to have traditional employment with a more stable schedule
and benefits. However, the workforce development system is not
meeting their needs. For example, a GAO study found that many
local workforce boards were challenged when it came to helping gig
workers, in part because they lacked clear promising practices on
how to serve them.12 In adding ‘‘gig workers’’ to the definition of
dislocated worker, this bill makes them explicitly eligible for WIOA
services and calls attention to the imperative to serve them better.
Eligible Youth
Under current statute, the definition of ‘‘eligible youth’’ is divided
into two types of youth—those that are ‘‘in-school’’ and those that
are ‘‘out-of-school.’’ According to numerous stakeholders this defini-
tion did not accurately describe the populations in-need of work-
force development services. The bill revises the definition of ‘‘eligi-
ble youth’’ in two important ways.13 First, it replaces the separate
‘‘in-school’’ and ‘‘out of school youth’’ definitions with a single defi-
nition. This definition includes ‘‘opportunity youth,’’ who are gen-
erally not enrolled in school but do not align with the existing ‘‘out
of school youth’’ definition in the statute, and ‘‘other eligible youth,’’
who are generally defined in the same way as the existing ‘‘in-
school youth’’ definition in the statute. Combining all eligible youth
into a single definition is part of the bill’s effort to provide greater
flexibility to local boards to target youth formula funds to the popu-
lations most in need of services. Second, the bill allows for self-at-
testation of eligibility as opposed to requiring documentary evi-
dence. Finding documentation is a barrier to enrollment for youth,
according to practitioners in the field. For example, it is almost im-
possible for homeless youth to provide documentation of their
homeless status. The need to provide supporting documentation
may slow down the enrollment process for youth who need assist-
ance quickly or may even dissuade some from continuing with en-
rollment. In allowing for self-attestation to streamline the applica-
tion process, this bill codifies existing DOL policy. DOL has issued
guidance to states to clarify that self-attestation of eligibility is per-
mitted for the WIOA youth program.14 In addition, there is prece-
10 See 15 U.S.C. § 9201.
11 Kelsey Berkowitz, The Public Workforce Development System and Gig Workers, NEW AMER-
ICA (Jan. 31, 2022), https://www.newamerica.org/education-policy/reports/the-public-workforce-
development-system-and-gig-workers/.
12 U.S. GOV’T ACCOUNTABILITY OFF., GAO–17–561, WORKFORCE TRAINING: DOL CAN BETTER
SHARE INFORMATION ON SERVICES FOR ON-DEMAND, OR GIG, WORKERS 2 (2017), https://
www.gao.gov/products/gao-17-561.
13 H.R. 7309, § 101(e).
14 Training and Employment Guidance Letter No. 23–19 from John Pallasch, Assistant Sec’y,
Emp. & Training Admin., Dep’t of Labor, to State and Local Stakeholders in the Workforce In-
novation and Opportunity Act et al. 12 (June 18, 2020), https://wdr.doleta.gov/directives/
corr_doc.cfm?DOCN=9155.
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74
dent in federal education and training programs for allowing self-
attestation of eligibility. For example, the TRIO program, which is
administered by ED, and which provides outreach and educational
services to disadvantaged youth, allows for self-attestation of eligi-
bility.15 The use of self-attestation is an acceptable process for the
enrollment of youth and the bill prohibits states and local areas
from banning it. Further, self-attestation is the preferred method
of enrolling eligible youth to ensure that barriers to service are
minimized.
As part of its revisions to the eligible youth definition, the bill
adds a definition of ‘‘opportunity youth’’ as individuals who are age
16 to 24, not attending school or employed, and—with limited ex-
ceptions—lacking a secondary degree or its equivalent.16 The term
‘‘opportunity youth’’ is a term that has emerged since WIOA of
2014 was passed and is used to describe youth who are discon-
nected from work or school.17 Youth in the 16-24 age range are con-
sidered emerging adults, and this is a critical phase in which youth
have the chance to gain an education and enter the workforce, but
many remain at risk or lack sufficient support. Recognizing and
prioritizing this group for special attention and services makes
sense as an investment in our future. Also, compared to the exist-
ing category of ‘‘out of school youth,’’ the category of ‘‘opportunity
youth’’ is simpler for practitioners to identify and for youth to es-
tablish eligibility. This new definition eliminates the need to sub-
stantiate that a youth falls into one of several specific groups, such
as being homeless or justice-involved, that youth may be reluctant
to disclose or may lack documentation to support. This broader con-
cept of ‘‘opportunity youth’’ also gives practitioners on the ground
the flexibility to serve youth in their local area who are most at
risk.
Evidence-Based
The bill adds a definition of ‘‘evidence-based’’ that includes four
different tiers of quality of evidence based on the number and qual-
ity of supporting studies to substantiate the evidence, and it is con-
sistent with the definition in the Every Student Succeeds Act.18
Adding this definition is part of a broader effort in the bill to en-
courage a greater focus on using rigorously evaluated and proven
strategies in the workforce development system. Along with adding
this definition, the bill requires that WIOA funds be used for evi-
dence-based approaches where practicable and authorizes a work-
force development innovation fund to help build the evidence base
in the field.19 The evidence that currently exists on effective ap-
proaches in workforce development is not fully developed and may
be inconsistent across program areas or sub-populations; therefore,
this bill does not require any minimum percentage of funds to be
used for evidence-based approaches. Rather, it aims to spur further
development of evidence-based approaches and encourage practi-
tioners to draw on this evidence when it is available. This focus on
15 See 20 U.S.C. § 1070a–11(e).
16 H.R. 7309, § 101(l).
17 Opportunity Youth, YOUTH.GOV, https://youth.gov/youth-topics/opportunity-youth#:∼:text
=Opportunity%20youth%20are%20young%20people,exploring%20independence-
%20and%20life%20opportunities (last visited May 4, 2022).
18 H.R. 7309, § 101(p); Pub. L. No. 114–95, § 8002, 129 Stat. 1801, 2090–91 (2015).
19 H.R. 7309, §§ 201(a), 207(e), 274(c).
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75
evidence is also part of a larger, federal government-wide effort to
develop evidence and use it to inform government operations.20
Foundational Skill Needs and Digital Literacy
WIOA of 2014 uses an antiquated term (‘‘basic skills deficient’’)
that is a deficit-based way to describe the basic skills needed for
education and adult life. This bill replaces the term ‘‘basic skills de-
ficient’’ with ‘‘foundational skill needs,’’ to be consistent with trends
in the fields of education and training. The bill also updates which
skills are considered necessary and it sets a minimum threshold for
employment in the WIOA of 2022 context.21 It adds ‘‘digital lit-
eracy,’’ ‘‘financial literacy,’’ and ‘‘communication skills’’ to the defi-
nition of ‘‘foundational skill needs.’’ The world of work has evolved,
and an ability to use computers is now critical to many jobs. Also,
communicating with co-workers and thinking critically are increas-
ingly important skills across the labor market. By adding these
skills to the definition of ‘‘foundational skill needs,’’ the bill encour-
ages the workforce system to focus more on helping job seekers de-
velop these skills along with occupation-specific competencies.
Individuals with Barriers to Employment
Current law defines ‘‘individuals with barriers to employment’’ as
a means for identifying different populations who have, or face, cer-
tain barriers that make it harder than others to gain employment
or develop the needed skills to gain such employment. Under
WIOA of 2014, individuals with barriers receive priority for certain
services, local boards must develop strategies for serving individ-
uals with barriers, and one-stop staff must receive technical assist-
ance and training on how to serve individuals with barriers. This
bill adds to the definition individuals who have been ‘‘historically
underserved and marginalized as a result of race, color, national
origin, sexual orientation, or gender identity.’’ 22 Historical dis-
crimination in the labor market against marginalized groups—e.g.,
racial, ethnic, or LGBTQ minorities—has resulted in persistently
lower employment and earnings rates for these groups.23 The work-
force system is one way to counteract and reverse these historical
trends. However, the workforce system is not achieving this goal
for many of these individuals. For example, while Black partici-
pants make up a disproportionate share of those served by WIOA
Title I funds, the median earnings of Black participants who have
exited the program are 78 percent of the earnings of white partici-
pants.24 This differential echoes the Black-white earnings gap and
suggests that the workforce system could be doing more to fight
employment discrimination as it interacts with employers. Also,
LGBTQ workers of color are among the most disadvantaged in the
20 OFF. OF MGMT. & BUDGET, EXEC. OFF. OF PRES., MEMO. M–21–27, EVIDENCE-BASED POLICY-
MAKING: LEARNING AGENDAS AND ANNUAL EVALUATION PLANS 1 (2021).
21 H.R. 7309, § 101.
22 H.R. 7309, § 101(g).
23 Race, Ethnicity, and the Economy: How Improving Economic Opportunity Benefits All: Hear-
ing Before the H. Sel. Comm. on Econ. Disparity & Fairness in Growth, 177th Cong. (2022)
(statement of Valerie Wilson, Econ. Pol. Inst.), available at https://files.epi.org/uploads/
243468.pdf.
24 ALEX CAMARDELLE, JOINT CTR. FOR POL. & ECON. STUD., PRINCIPLES TO SUPPORT BLACK
WORKERS IN THE WORKFORCE INNOVATION AND OPPORTUNITY ACT 3 (2021), https://
jointcenter.org/principles-to-support-black-workers-in-the-workforce-innovation-and-opportunity-
act/#:∼:text=WIOA%20guardrails%20must%20be%20put,the%20opportunity%20costs%20of%
20training.
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76
nation’s workforce and are at a significant risk of being unem-
ployed. In fact, these workers have higher rates of unemployment
when compared to non-LGBTQ workers of color.25 By updating the
definition of individuals with barriers to employment to include
these marginalized groups, the bill is encouraging the workforce
system to address, through WIOA services, the root cause of the
disparities these groups experience in their employment and earn-
ings.
Justice-Involved Individual
The existing statute uses an antiquated term of ‘‘ex-offenders’’’ to
define ‘‘justice-involved individuals.’’ This existing definition in-
cludes individuals who received alternative sentences or were sen-
tenced to diversion programs, in addition to those who were incar-
cerated in a correctional institution or juvenile detention center.
Other than replacing the term ‘‘offender’’ with ‘‘justice-involved in-
dividual’’ to be consistent with trends in the field, the bill makes
no substantive changes to the existing definition.26
Low-Income Individual
Much like the definition of ‘‘individuals with barriers to employ-
ment’’ the definition of ‘‘low-income individual’’ is used to prioritize
services for those most in need. The bill makes two revisions to this
definition.27 First, it raises the income threshold to qualify as low-
income from 100 percent to 150 percent of the federal poverty line
(or 70 percent of the lower living standard income level, if higher).
The federal poverty line was developed decades ago based on cer-
tain assumptions about the costs of various household needs (e.g.,
food and housing). Researchers have documented that, as these
costs have evolved over time, the poverty line makes less sense as
an indicator of those with the greatest needs.28 Today, 100 percent
of the federal poverty line is $13,590 for an individual and $18,310
for a family of two.29 At 150 percent—$20,385 for an individual
and $27,465 for a family of two—WIOA will be targeting resources
towards those who are in greatest need. Raising the threshold will
give local one-stops the flexibility to serve youth and to enroll
adults in career and training services who are marginally attached
to the labor market, need assistance to obtain in-demand skills and
economic self-sufficiency, but fall just outside of an arbitrary and
outdated income limit. Furthermore, there is precedent for setting
the income limit for federal means-tested programs at levels above
the federal poverty line, or some multiple of the poverty line. The
poverty guidelines, or percentage multiples of them (such as 125
25 MOVEMENT ADVANCEMENT PROJECT ET AL., A BROKEN BARGAIN FOR LGBT WORKERS OF
COLOR 4 (2013), https://www.lgbtmap.org/broken-bargain-lgbt-workers-of-color-
release#:∼:text=LGBT%20workers%20of%20color%20are%20at%20significant%20-
risk%20of%20being,times%20the%20national %20unemployment%20rate.
26 H.R. 7309, § 101(k).
27 H.R. 7309, § 101(i).
28 A Threat to America’s Children: The Trump Administration’s Proposed Changes to the Pov-
erty Line Calculation, Hearing Before the Subcomm. on Govt. Operations of the H. Comm. on
Oversight & Reform, 116th Cong. (2020) (statement of Indivar Dutta-Gupta, Co-Executive Direc-
tor, Georgetown Ctr. on Poverty and Inequality, https://docs.house.gov/meetings/GO/GO24/
20200205/110451/HHRG-116-GO24-Wstate-GuptaI-20200205.pdf, at 3) [hereinafter Dutta-Gupta
Statement].
29 HHS Poverty Guidelines for 2022, DEP’T OF HEALTH & HUMAN SERVS. (Jan. 12, 2022),
https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines.
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percent, 150 percent, or 185 percent), are used as an eligibility cri-
terion by a number of federal programs.30
Second, the bill removes the requirement that the lower living
standard income level be calculated based on the most recent
‘‘lower living family budget’’ issued by the Secretary of Labor (Sec-
retary). The ‘‘lower living family budget’’ was an estimated budget
for lower income families calculated by the Bureau of Labor Statis-
tics (BLS). However, the BLS no longer does so, making it difficult
for DOL to calculate an up-to-date and meaningful lower living
standard income level each year. By eliminating this requirement,
the bill gives DOL greater flexibility in the data sources it may use
for its annual lower living standard income level updates.
Rapid Response Activity Rapid response activities are activities
used by the states intended to mitigate job loss, dislocation, or
long-term unemployment by notifying employees that are to be laid
off of the workforce services available to them. The bill revises the
definition of ‘‘rapid response activities’’ to clarify that these services
should aim to help dislocated workers obtain a new job as soon as
possible and in employment that offers the same wages and bene-
fits as the dislocated worker’s prior employment, to the extent prac-
ticable.31 This change is part of the bill’s broader effort to pivot the
workforce system toward a focus on job quality, rather than just job
placement.
Supportive Services
Supportive services generally are critical to enabling WIOA par-
ticipants to complete career and training services and move on to
economic self-sufficiency. The bill expands this definition to include
new services such as mental health care, substance use disorder
treatment, and assistance with accessing the internet.32 By ex-
panding the definition, this bill recognizes the broad range of chal-
lenges that may hinder participants from completing their WIOA
programs or maintaining employment as well as the increasingly
important role that internet access plays to employment as more
work has shifted fully or partly to a virtual environment.
STRENGTHENING AND DIVERSIFYING WORKFORCE GOVERNANCE
The state and local workforce boards make key strategic policy
decisions on how to spend WIOA funds, such as which in-demand
industry sectors to engage with and in which types of training serv-
ices to invest. This makes the composition and functions of the
state and local workforce boards an important factor in ensuring
that workforce funds are used as effectively and equitably as pos-
sible.
State Board Composition
The bill prioritizes giving workers a stronger voice in the deci-
sion-making process of the state boards. Specifically, it makes sev-
eral revisions to the existing requirements for the state boards’
30 See Programs that Use the Poverty Guidelines as a Part of Eligibility Determination, Dep’t
of Health & Human Servs. (Nov. 5, 2019), https://www.hhs.gov/answers/hhs-administrative/
what-programs-use-the-poverty-guidelines/index.html.
31 H.R. 7309, § 101(m).
32 H.R. 7309, § 101(p).
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composition.33 First, it increases the share of labor organization
that make up the state boards from 20 percent to 30 percent. Addi-
tionally, the bill adds ‘‘state agency officials’’ for secondary and
adult education programs and community colleges or other institu-
tions of higher education to the list of required board members to
encourage better integration of workforce programs with edu-
cational entities.
When the membership of the state boards is being determined
under current statute,34 the geographic diversity of the state’s con-
stituency must be considered. This bill specifies that ‘‘demographic
diversity’’ also must be a factor of consideration to ensure that
board membership reflects the diversity of the state’s population.35
Functions of the State Board
This bill makes several changes to the functions of the state
boards with the goal of improving and modernizing the delivery of
services. In particular, it requires the dissemination of evidence-
based strategies—consistent with the definition of ‘‘evidence-based’’
that the bill also adds—to inform the one-stop centers’ service de-
livery, including strategies for the use of digital technology. Fol-
lowing the COVID–19 pandemic, the one-stop center delivery sys-
tem will need to adapt to new norms of remote service delivery by
utilizing proven, evidence-based strategies for such delivery.
Additionally, the bill requires state boards to increase the types
of professional development required for service delivery staff to
ensure they are educated on different approaches to service deliv-
ery, such as human centered design and trauma-informed prac-
tices. Such professional development will be important for service
delivery staff to apply when helping participants who have par-
ticular barriers to employment, such as victims of domestic vio-
lence.
State Plans
The bill changes the content of the state plans in several ways.
First, it requires states to consider in their analysis of economic
conditions the industries or sectors projected to decline or face sig-
nificant changes in employment opportunities. With technology and
automation becoming an increasingly disruptive force in the labor
market,36 many industries and associated occupations considered
‘‘in-demand’’ in the short term may quickly become obsolete over
the medium to long term, leading to further displacement. Current
law does not require state boards to consider the cause of long-term
disruption; it only requires the use of basic economic projections,
such as the BLS occupational projections. For example, the number
of long-haul truck driver jobs are projected to grow 6.6 percent over
the next 10 years (similar to overall projections of 7.7 percent),37
even though the position is expected to be nearly wiped out due to
33 H.R. 7309, § 201
34 29 U.S.C. § 3111.
35 H.R. 7309, § 201(b).
36 U.S. GOV’T ACCOUNTABILITY OFF., GAO–19–257, WORKFORCE AUTOMATION: BETTER DATA
NEEDED TO ASSESS AND PLAN FOR EFFECTS OF ADVANCED TECHNOLOGIES ON JOBS 5–10 (2017),
https://www.gao.gov/products/gao-19-257.
37 Employment by detailed occupation, BUREAU OF LABOR STATISTICS (Sept. 8, 2021), https://
www.bls.gov/emp/tables/emp-by-detailed-occupation.htm.
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79
automation.38 This bill now requires state boards to consider such
longer-term projected changes in the labor market. Further, state
boards should utilize other sources of data in addition to BLS occu-
pational or industry projections to identify long term trends that
may not be captured by one source of data.
Second, states will be required to describe how they will address
inequitable outcomes in their workforce systems that were identi-
fied in the state equity reports, which are newly established gap
analyses under the performance reporting section. It is not enough
to identify inequities in employment and training outcomes, it is
also important to address those inequities through strategic plan-
ning and other activities. The intention of the cross-referencing of
the state equity reports with state planning is to create a contin-
uous improvement approach to addressing and ultimately elimi-
nating inequities.
Third, the state plans will need to include a description of how
the state will align the workforce system with other federal pro-
grams, such as the Higher Education Act of 1965 and Medicaid,
among others. These new requirements will increase coordination
and leveraging of funds to avoid programmatic duplication and
maximize efficiency.
Finally, states will be required to consult with stakeholders dur-
ing the state plan development process. Having organizations such
as eligible training providers, community-based organizations, and
industry groups involved in the development of the state plans will
ensure that those with direct experience with workforce develop-
ment have a means of directly informing key policy decisions that
affect workforce development. Further, the state plans will now be
required to have a public comment period to ensure that stake-
holders and the public at large have a period to review, comment,
and advise the state board before it finalizes its state plan.
Local Areas and Boards
This bill adds the relevant state economic development agency as
an entity with which local agencies must consult. The relevant
state economic development agency is added to inform the local
area designation process through better alignment with local eco-
nomic markets. Other than this change, the bill maintains the ex-
isting process established in 2014 by which local areas are des-
ignated within each state.
The makeup of the local board membership reflects the makeup
of the state boards as discussed above, with the same requirement
of demographic diversity and increased labor representation.
Functions of the Local Board
The bill adds new functions required of the local boards. Specifi-
cally, it emphasizes the role technology must play in the delivery
of services—including business services, career navigation, and em-
ployment and training activities—and requires that local boards
develop strategies to utilize digital technology to enhance and ex-
pand such services, both by reaching populations that may not eas-
ily access the in-person one-stop centers and by integrating dif-
38 Aniruddh Mohan & Parth Vaishnav, Impact of automation on long haul trucking operator-
hours in the United States, 9 HUMANITIES AND SOCIAL SCIENCES COMMUNICATIONS, article 82,
at 2 (2022), https://www.nature.com/articles/s41599-022-01103-w.
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80
ferent programs’ intake and case management systems. The bill
also adds new standing committees to the local board that will
focus on adult education services, work-based learning opportuni-
ties, and matters related to workers and changes in the economy.
The COVID–19 pandemic has forced local boards to be innovative
in their approach to service delivery by being less reliant on in-per-
son contact through the one-stop system. This bill acknowledges
the advances many local boards have made in the use of technology
by codifying service delivery strategies already in place.
INCENTIVIZING JOB QUALITY AND EQUITY THROUGH WIOA’S
PERFORMANCE ACCOUNTABILITY SYSTEM
In part to incentivize a greater focus on placing WIOA partici-
pants in high-quality jobs and on serving all participants equitably,
the bill makes several changes to the primary performance indica-
tors for the WIOA core programs, the process for negotiating state
performance goals, and how state performance results are re-
ported.39
Primary Performance Indicators
The bill makes two changes that would incentivize a greater
focus on quality jobs. It adds a measure of median earnings of par-
ticipants at the fourth quarter after program exit to the existing
measure of median earnings at the second quarter after exit. This
new measure of longer-term wage progression is intended to spur
local boards and one-stop centers to consider whether training pro-
grams will lead to jobs that have the potential for wage growth and
career advancement. Also, the bill authorizes the Secretaries of
Labor and Education to develop a new performance indicator re-
lated to the quality of participants’ employment, such as the avail-
ability of benefits or a safe workplace. Too often, in part because
of underinvestment, the workforce system does not support the
types of longer-term training that leads to quality jobs that provide
economic self-sufficiency. The average amount spent on training for
WIOA Title I adult participants in program year 2020 was approxi-
mately $2,000,40 which is not adequate to cover training that leads
to high-quality jobs. Not surprisingly, the median quarterly earn-
ings for adult program participants who were placed in unsub-
sidized jobs, which are jobs that are not supported using govern-
ment subsidies, in 2020 was only $6,600, or about $13 per hour if
working full-time.41 Along with ramping up funding to support
longer-term training, it is important to also incentivize the system
to focus on high-quality job placement.
The bill also makes other changes to improve and streamline the
primary performance indicators. It adjusts the metric related to
‘‘measurable skill gain’’ to remove the requirement that skill gains
be achieved within the program year. The purpose of this change
is to remove the disincentive to enrolling participants toward the
end of the program year, when it will be more difficult for them
39 H.R. 7309, § 211.
40 DEP’T OF LABOR, WIOA NATIONAL PERFORMANCE SUMMARY 1 (2020), https://www.dol.gov/
sites/dolgov/files/ETA/Performance/pdfs/PY%202020%20WIOA%20National%20Performance%
20Summary.pdf.
41 Dep’t of Labor, WIOA National Performance Summary 1 (2020), https://www.dol.gov/sites/
dolgov/files/ETA/Performance/pdfs/PY%202020%20WIOA%20National%20Performance%
20Summary.pdf.
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81
to achieve a skill gain within the same program year. The intent
for participants to achieve skill gains within 12 months of program
enrollment remains the same; however, the bill recognizes that the
12 months may span two program years. Also, the bill eliminates
the performance measure related to effectiveness in serving em-
ployers. The measure was created in the WIOA of 2014 as a means
of measuring the efficacy of the workforce system in serving em-
ployers. Employers are a critical customer of the workforce develop-
ment system and understands that engaging employers is vital to
the system’s success. In fact, this bill invests in employer engage-
ment by authorizing funds specifically for local boards to convene
and develop industry and sector partnerships.42 However, this
measure has proven challenging to implement. DOL and ED have
piloted several measures of effectiveness in serving employers since
WIOA of 2014 but have yet to finalize any measures because of the
problems with all these measures. A 2021 Urban Institute report
that was commissioned by DOL and ED reported several chal-
lenges with the pilot measures that limited the measures’ effective-
ness and even created perverse incentives.43 For example, the em-
ployer penetration rate pilot measure—a measure of the proportion
of employers that have had contact with the workforce system—
incentivizes local areas to emphasize quantity of interactions with
employers over quality, intensive services.44 Also, the repeat busi-
ness customer pilot measure discourages local areas from reaching
out to new employers 45, and the retention with same employer
pilot measure does not account for the fact that some workers may
do better by moving on to better jobs with new employers.46 Re-
taining the effectiveness in serving employers measure will cause
states and local areas to continue to expend valuable time and re-
sources on collecting data for a measure that hasn’t proven effec-
tive in incentivizing high-quality services to employers.
Negotiation Process The bill adjusts the process by which states
negotiate with DOL and ED to come to agreement on performance
goals in order to minimize unnecessary work for states, so they can
devote more time and resources to developing their workforce de-
velopment strategies. Under existing law, states must propose in
their state plans the levels of performance that the WIOA core pro-
grams will meet for the first two program years covered by the
state plans. The states then reach agreement with DOL and ED on
the finalized levels, based on factors including the statistical ad-
justment model maintained by DOL. According to stakeholders,
states set their expected performance levels in the state plans in
a vacuum, without knowing the levels determined by DOL’s statis-
tical adjustment model, and their efforts to predict expected per-
formance levels are often superseded by the statistical adjustment
model, according to the National Association of State Workforce
Agencies. This bill eliminates the requirement for states to initially
propose their expected levels of performance, instead requiring the
federal agencies to initially propose expected performance levels for
42 H.R. 7309, § 279.
43 SHAYNE SPAULDING et al., URBAN INST., MEASURING THE EFFECTIVENESS OF SERVICES TO
EMPLOYERS, at xvii–xix (2020), https://www.dol.gov/sites/dolgov/files/OASP/
Measures%20of%20Effectiveness%20in%20Serving%20Employers_Final%20Report_12-31-20.pdf.
44 Id. at xviii.
45 Id.
46 Id. at xix.
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each state, and then giving the states a chance to provide input be-
fore agreement on finalized levels is reached.
State Performance Reports The bill requires states to publish
state equity reports, that among other things, identify disparities
in performance outcomes between participants who are individuals
with barriers to employment and other participants. The state eq-
uity reports also are required to include disaggregated performance
data on different categories of individuals with barriers to employ-
ment. Modeled after a similar analysis required of states under the
Strengthening Career and Technical Education for the 21st Cen-
tury Act,47 the reports’ purpose is to create greater transparency
regarding the performance of groups that historically may not have
been as effectively served by the workforce development system as
other participants. The state equity reports are intended to ulti-
mately lead to corrective actions by states or local boards that ad-
dress any such performance disparities. This is to correct the in-
equitable outcomes for different populations utilizing WIOA serv-
ices. For example, one study found that while 35 percent of WIOA
participants identified as Black—a higher rate than the national
population—those same participants were still earning 78 cents to
the dollar compared to white WIOA participants who also com-
pleted the program.48 Such analysis is not being done systemati-
cally by the states, and such reports would support the strategic
planning in the state plans to ensure there is an actionable process
for addressing inequities.
The bill also requires that the reports that states must annually
submit to DOL on the performance of their WIOA programs under
current law be made available digitally using data formats. Cur-
rent state performance reports are published online in PDF format
that are not easily usable for data analysis. This provision updates
the requirements for publishing performance data so reports are
more usable by researchers and evaluators using data software,
relevant for today’s internet-based world, and transparent about
the workforce development system.
STREAMLINING AND CLARIFYING ONE-STOP DELIVERY SYSTEM
REQUIREMENTS
The bill eliminates the requirement for one-stop system partners
in each local area to negotiate their contributions to the infrastruc-
ture costs of the one-stop centers.49 According to multiple stake-
holders and a Mathematica Policy Research study of WIOA of 2014
implementation, this requirement is actually counterproductive.50 I
takes considerable staff time and resources to negotiate each part-
ner’s contribution, especially in the case of partners that are only
connected to the one-stop system virtually. Altogether, the con-
tribution amounts are often too small to the total costs to be worth
the amount of staff time devoted to the negotiation process, time
47 Pub. L. No. 115–224, § 124, 132 Stat. 1563, 1584 (2018).
48 ALEX CAMARDELLE, PRINCIPLES TO SUPPORT BLACK WORKERS IN THE WORKFORCE INNOVA-
TION AND OPPORTUNITY ACT 2–3 (2021), https://jointcenter.org/wp-content/uploads/2021/10/Prin-
ciples-to-Support-Black-Workers-in-the-WIOA.pdf.
49 H.R. 7309, § 221.
50 BRITTANY ENGLISH & PAMELA HOLCOMB, MATHEMATICA, NEW REQUIREMENTS FOR AMERICAN
JOB CENTER SYSTEMS REGARDING ONE-STOP OPERATORS, PARTNERSHIP AGREEMENTS, AND CER-
TIFICATION 17–19 (2020), https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/
ETA_WIOAStudy_AJCsystems.pdf.
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which could have been used more effectively on service delivery. In-
stead of maintaining this local negotiation process, the bill author-
izes states to set aside up to 10 percent of WIOA Title I, II, and
III funds to support one-stop infrastructure costs, with funds dis-
tributed to local areas through a formula developed by the state
board. If this set-aside is not sufficient, then local one-stop partners
must determine how to collectively cover the additional costs of
their one-stop infrastructure. Additionally, the Secretaries of Labor
and Education shall issue joint guidance to ensure that funds from
Titles I, II, and III are paying a share of the infrastructure costs
that are proportionate to their services provided.
In addition, the bill makes several other changes to streamline
or clarify requirements regarding the one-stop system.51 For exam-
ple, it allows local boards to serve as one-stop operators if approved
by the governor. Local boards were able to serve in this capacity
prior to the enactment of the WIOA of 2014, when a requirement
was added that local boards competitively award the one-stop oper-
ator role to another entity.52 Some local boards, especially in rural
areas, have reportedly faced challenges with finding qualified enti-
ties to bid on the one-stop operator role.53 This bill allows flexi-
bility for governors to approve local boards to operate one-stop cen-
ters in such cases.
Also, the bill clarifies that the responsibilities of the one-stop op-
erator must include managing the one-stop infrastructure and fa-
cilitating coordination among one-stop system partners and may in-
clude provision of direct services. According to stakeholders and a
Mathematica Policy Research study, the lack of federal guidance in
current law has caused confusion among states and local areas and
inconsistency in how one-stop operators’ roles are operationalized.54
The changes made in the bill rectify the issue of the one-stop oper-
ators’ responsibilities not being explicitly defined in current law.
Additionally, the bill clarifies that one-stop infrastructure in-
cludes both the physical one-stop centers and the technological in-
frastructure needed to provide virtual services. The one-stop sys-
tem has been moving to more of a mix of in-person and virtual
services. This trend was accelerated by the COVID–19 pandemic,
which forced many one-stop centers to temporarily shift entirely to
virtual services. This bill recognizes the importance of supporting
and further developing such virtual service delivery, while still pre-
serving physical one-stop centers as an option for job seekers who
may need or prefer in-person assistance.
51 H.R. 7309, § 221.
52 BRITTANY ENGLISH & PAMELA HOLCOMB, MATHEMATICA, NEW REQUIREMENTS FOR AMERICAN
JOB CENTER SYSTEMS REGARDING ONE-STOP OPERATORS, PARTNERSHIP AGREEMENTS, AND CER-
TIFICATION 2–3 (2020), https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/
ETA_WIOAStudy_AJCsystems.pdf.
53 BRITTANY ENGLISH & PAMELA HOLCOMB, MATHEMATICA, NEW REQUIREMENTS FOR AMER-
ICAN JOB CENTER SYSTEMS REGARDING ONE-STOP OPERATORS, PARTNERSHIP AGREEMENTS, AND
CERTIFICATION 10 (2020), https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/
ETA_WIOAStudy_AJCsystems.pdf.
54 BRITTANY ENGLISH & PAMELA HOLCOMB, MATHEMATICA, NEW REQUIREMENTS FOR AMERICAN
JOB CENTER SYSTEMS REGARDING ONE-STOP OPERATORS, PARTNERSHIP AGREEMENTS, AND CER-
TIFICATION 7–8 (2020), https://www.dol.gov/sites/dolgov/files/OASP/evaluation/pdf/
ETA_WIOAStudy_AJCsystems.pdf.
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84
CREATING AN EMPLOYER-VALIDATED, TRANSPARENT, ELIGIBLE
TRAINING PROVIDER LIST
The eligible training provider list (ETPL) is the list of training
programs approved by the state to receive Title I funds. It can be
a useful tool in ensuring consumer choice is available to individuals
who received a training voucher through their individual training
account. Current law utilizes a model of providing individuals with
training vouchers so they have the freedom to select the provider
that best fits their training goals; however, revisions are needed
due to inadequacies of the ETPL requirements that have emerged
since WIOA of 2014 implementation. Namely, the quality of train-
ing providers varies and there are too few controls to ensure that
training programs lead to high quality, high wage jobs. Addition-
ally, the criteria for different states’ ETPL are too varied, which
makes it challenging for high-quality training providers to meet
different sets of criteria and operate in more than one state. Also,
online ETPL information is not easily navigable, limiting the effi-
cacy of consumer choice. The bill maintains the underlying model
and addresses these shortcomings through new standards in the
State Criteria provisions of WIOA of 2014 and the addition of an
employer validation of such standards.
State Criteria
The bill strengthens the consistency and quality of training
standards required for inclusion on the ETPL through several
means. It requires states to consider the performance levels of
training providers as described in the performance accountability
section. It also adds several new standards related to training and
job quality to ensure that providers are offering programs that lead
to good, in-demand jobs. These standards include the recognized
postsecondary credentials, employment opportunities, earnings,
and competencies that are expected to result from the training pro-
gram.
Employer Validation
The quality of a training provider is dependent on the industry
sector or employer that is partnered with the provider. Employer
engagement is an important factor in the quality of the design, de-
velopment, and delivery of a training curriculum.55 Program cur-
ricula must be informed by the needs and expertise of the hiring
employer. In recognition of this, the bill requires that training pro-
viders validate that their programs meet certain criteria related to
the quality of the training, the credentials and competencies to be
earned, and the expected job opportunities through an employer
partnership in a manner decided by the Secretary.
55 SHAYNE SPAULDING & ANANDA MARTIN-CAUGHEY, THE GOALS AND DIMENSIONS OF EM-
PLOYER ENGAGEMENT IN WORKFORCE DEVELOPMENT PROGRAMS 7 (2015), https://www.urban.org/
sites/default/files/publication/76286/2000552-the-goals-and-dimensions-of-employer-engagement-
in-workforce-development-programs_1.pdf.
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ALLOWING GREATER LOCAL FLEXIBILITY IN THE YOUTH FORMULA
PROGRAM
Transferability of Youth Workforce Funds
Recognizing the need for increased funding and specific pro-
grammatic requirements for summer and year-round youth employ-
ment programs, the bill establishes a separate section for these
programs. At the same time, recognizing the need for flexibility for
the local boards to move funds between programs, the bill author-
izes the transfer of up to 100 percent of funds between the youth
section and the summer and year-round employment section in a
manner consistent with WIOA’s transfer authority between the
adult and dislocated programs.
Comprehensive Local Needs Assessment
With the revision of the ‘‘eligible youth’’ definition, and the re-
moval of the requirement to spend seventy five percent of youth
formula funds on ‘‘out-of-school youth,’’ local boards have greater
flexibility under this bill in serving the youth population of their
local areas. A comprehensive local needs assessment is included to
assist in local boards’ efforts to determine how best to target youth
formula funds based on the local youth population and ensure effi-
ciency in the use of public funds. Modeled after the comprehensive
local needs assessment created under the Carl D. Perkins Career
and Technical Education Act of 2006,56 the bill’s needs assessment
requirements include the local boards consulting with local stake-
holders knowledgeable about youth workforce needs, such as edu-
cational agencies, training providers, community-based organiza-
tions, and businesses. Such stakeholders are well positioned to in-
form local boards of gaps in the public services available to the
local youth population most in-need. The needs assessment is not
intended to be duplicative of the existing requirements of the local
plan and should assist local boards in developing their workforce
strategies to serve local youth.
Program Element Flexibility
Current law requires that local boards implement each and every
listed youth program element regardless of the need of the local
youth or the capacity of the board itself. In an acknowledgement
that this requirement is onerous and overly prescriptive, the bill
provides local boards greater flexibility in choosing which program
elements to implement in service of local youth needs.
Summer and Year-Round Employment for Youth
This bill encourages expanded use of subsidized employment for
youth, which is an existing activity in the program elements under
WIOA, through increased funding and programmatic guidance.
This section was drawn from the Opening Doors for Youth Act,57
a bill introduced in the 117th Congress that attempts to maintain
a connection to the education system for ‘‘in-school youth,’’ or recon-
56 Pub. L. No. 109–270, tit. I, § 134, 120 Stat. 683, 732 (codified as amended at 20 U.S.C.
§ 2354).
57 H.R. 4403, 117th Cong (1st Sess. 2021).
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86
nect ‘‘opportunity youth’’ to the labor market, through summer and
year-round employment opportunities.
In 2018, nearly 4.4 million young people ages 16 to 24 were dis-
connected from both school and work, representing a steady, eight-
year decline in youth disconnection rates.58 The COVID 19 pan-
demic is expected to significantly roll back this progress. Research-
ers estimate that there were six million young people disconnected
in 2020 and that this number could grow to nine million (one in
four) young people.59 Disconnected youth are three times more like-
ly than other youth to have a disability, twice as likely to live
below the federal poverty line, and significantly more likely to live
in racially segregated neighborhoods, and disconnected young
women and girls are four times more likely to have a child.60
The new summer programs will help ‘‘in-school youth’’ remain
connected to the education system and avoid involvement in the
criminal and juvenile justice systems, while the year-round pro-
gram will provide ‘‘opportunity youth’’ with the extended entry-
level work experiences and work-readiness skills that are vital to
improved employment outcomes.
Each program shall be required to match eligible youth with an
employer for placement in a high-quality summer or year-round
job. Those jobs may be subsidized up to 65 percent to incentivize
employers to participate in the program, with employers still re-
quired to contribute so they have some financial responsibility to
the participant. This bill requires that priority be given to pro-
grams placing youth in jobs that are in high-skill, high wage, or in-
demand sector or occupations, to ensure that participating youth
acquire relevant skills and competencies and are prepared for a po-
tential future career path.
Both programs also include soft skills training, coaching or men-
toring services, career services, financial literacy training, follow-up
services, and other supportive services to ensure that a partici-
pating youth receives comprehensive support and education along
with the work experience gained from the subsidized employment.
These programs are intended to bring eligible youth into the labor
market with enough experience to earn unsubsidized employment
in the medium to long term.
ENCOURAGING FOCUS ON EQUITY AND JOB QUALITY IN ADULT AND
DISLOCATED WORKER PROGRAMS
The bill makes a number of changes to the adult and dislocated
worker formula programs aimed at enhancing equity within these
programs, encouraging a greater focus on job quality, and making
it easier and faster for individuals to access the services they
need.61
Reservation of Funds for Individuals with Barriers to Employment
The bill reserves 75 percent of the adult formula funds allocated
to local workforce areas for providing training, intensive career,
58 KRISTEN LEWIS, SOC. SCI. RSCH. COUNCIL, MEASURE OF AMERICA, A DECADE UNDONE:
YOUTH DISCONNECTION IN THE AGE OF CORONAVIRUS 4, 17 (2020), https://ssrc-stat-
ic.s3.amazonaws.com/moa/ADecadeUndone.pdf.
59 Id. at 7.
60 Id. at 9–10.
61 H.R. 7309, § 242.
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and supportive services to individuals with barriers to employment.
Current law requires that adult funds be prioritized for those with
certain barriers—low-income, public assistance recipients, and
basic skills deficient.62 This bill strengthens the prioritization re-
quirement by adding a specific percentage reservation but at the
same time broadens the population that is prioritized. This bill also
emphasizes serving individuals with barriers to employment in sev-
eral ways, including by adding serving individuals with barriers to
employment as one of the explicit purposes of the Act and by ex-
panding the population to be prioritized for adult services to in-
clude basic skills deficient.63 However, in practice, the proportion
of individuals with barriers to employment who were served did
not increase with the implementation of WIOA of 2014 between
2015 and 2020. According to a Mathematica Policy Research study,
the percentage of those who exited the WIOA adult program and
who fell into at least one common category of individuals with bar-
riers to employment remained fairly flat from 2015 to 2020.64 Local
staff reported several common challenges to serving more individ-
uals with barriers, including disincentives created by the perform-
ance measures and difficulty determining eligibility as an indi-
vidual with a barrier.65 Federal WIOA dollars should be targeted
to those most in need of assistance. This bill continues and expands
WIOA of 2014’s emphasis on serving individuals with barriers by
pushing local areas in a more concerted way to focus on this popu-
lation. This requirement will encourage local areas and states to
think creatively about how to enroll and serve more individuals
with barriers. Furthermore, for many states and local areas, this
requirement will likely not require a significant shift in how they
provide services. In its guidance, DOL already requires local areas
to use at least 50 percent of their adult funds for the priority
groups under WIOA, with 75 percent as an aspirational goal.66 Ac-
cording to DOL, most states are already meeting the 50 percent re-
quirement, with many using 75 percent of funds for these popu-
lations. Only about 7 states are not meeting the 50 percent thresh-
old. This bill codifies DOL’s existing focus on serving these popu-
lations.
Supportive Services Requirement
This bill makes provision of supportive services a required local
activity, instead of a permissible activity as under current law.
This change enhances equity by making it possible for more indi-
viduals who face obstacles to program participation—ranging from
lack of affordable child care to substance use disorders to unreli-
able internet access—to complete career and training services and
achieve long-term economic self-sufficiency. Evidence shows that
62 See 29 U.S.C. § 3174(c)(3)(E).
63 KATE DUNHAM ET AL., MATHEMATICA, CHANGE AND CONTINUITY IN THE ADULT AND DIS-
LOCATED WORKER PROGRAMS UNDER WIOA 18–19 (2020), https://www.dol.gov/sites/dolgov/files/
OASP/evaluation/pdf/ETA_WIOAStudy_AdultDW.pdf.
64 KATE DUNHAM ET AL., MATHEMATICA, CHANGE AND CONTINUITY IN THE ADULT AND DIS-
LOCATED WORKER PROGRAMS UNDER WIOA 20 (2020), https://www.dol.gov/sites/dolgov/files/
OASP/evaluation/pdf/ETA_WIOAStudy_AdultDW.pdf.
65 KATE DUNHAM ET AL., MATHEMATICA, CHANGE AND CONTINUITY IN THE ADULT AND DIS-
LOCATED WORKER PROGRAMS UNDER WIOA 20–22 (2020), https://www.dol.gov/sites/dolgov/files/
OASP/evaluation/pdf/ETA_WIOAStudy_AdultDW.pdf.
66 Training and Employment Guidance Letter No. 7–20 from John Pallasch, Assistant Sec’y,
Emp. and Training Admin, Dep’t of Labor, to State Workforce Agencies et al. 3 (Nov. 24, 2020),
https://wdr.doleta.gov/directives/attach/TEGL/TEGL_7-20.pdf.
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training services are more likely to have a positive impact when
combined with supportive services.67 In a review of evidence on em-
ployment and training programs, Mathematica Policy Research re-
ported that supportive services, in combination with technical
training and case management, have more positive employment
and earnings outcomes compared to training services alone.68 How-
ever, a separate Mathematica study found that a sample of local
boards spent only 3 percent of their WIOA Title I formula funds
on supportive services.69 By making supportive services a required
activity, combined with significantly ramping up funding for the
WIOA Title I formula program,70 this bill encourages local areas to
see supportive services as an integral component of the array of
services they can offer job seekers, along with career services and
training. While local areas may still tap into other programs to pro-
vide certain supportive services—WIOA requires that supportive
services be provided only if not available from other sources—this
bill encourages greater use of WIOA funds for supportive services
when necessary.
Greater Focus on Older Workers and Victims of Gender-Based Vio-
lence
The bill takes steps to enhance the workforce development sys-
tem’s ability to serve older workers and victims of gender-based vi-
olence. Specifically, the bill authorizes state workforce agencies to
use their WIOA 15 percent set-aside funds to develop alternative
approaches to serving older workers and to improve coordination
with employment and training programs under the Older Ameri-
cans Act 71 (such as the Senior Community Service Employment
Program). For a variety of reasons, a growing proportion of older
individuals is continuing to work,72 but the workforce system does
not always serve this population effectively. This bill encourages
states to consider how their WIOA services can better accommodate
this important segment of the workforce.
With regard to victims of gender-based violence, the bill author-
izes state workforce agencies to use their set-aside funds to im-
prove coordination with state domestic violence coalitions. Victims
of gender-based violence are often in need of workforce develop-
ment services, as they may no longer be supported by an abusive
spouse or partner. At the same time, they may not be aware of
available services and may face particular challenges with com-
pleting services due to the trauma and disruptions caused by gen-
der-based violence.73 Greater coordination between state workforce
67 CYNTHIA HESS ET AL., INST. FOR WOMEN’S POL. RSCH., SUPPORTIVE SERVICES IN JOB TRAIN-
ING AND EDUCATION: A RESEARCH REVIEW 30 (2016), https://files.eric.ed.gov/fulltext/
ED612498.pdf.
68 JONAH DEUTSCH ET AL., MATHEMATICA, THE WORKFORCE INNOVATION AND OPPORTUNITY
ACT (WIOA) RESEARCH PORTFOLIO 11 (2021), https://www.dol.gov/sites/dolgov/files/OASP/evalua-
tion/pdf/WIOA%20Portfolio%20Research%20Evidence%20Scan.pdf.
69 JONAH DEUTSCH ET AL., MATHEMATICA, THE WORKFORCE INNOVATION AND OPPORTUNITY
ACT (WIOA) RESEARCH PORTFOLIO 11 (2021), https://www.dol.gov/sites/dolgov/files/OASP/evalua-
tion/pdf/WIOA%20Portfolio%20Research%20Evidence%20Scan.pdf.
70 H.R. 7309, § 251.
71 Older Americans Act of 1965, Pub. L. No. 89–73 (42 U.S.C. § 3001 et seq.).
72 KATHARINE G. ABRAHAM & SUSAN N. HOUSEMAN, POLICIES TO IMPROVE WORKFORCE SERV-
ICES FOR OLDER AMERICANS 5 (2020), https://www.brookings.edu/wp-content/uploads/2020/11/ES–
11.19.20-Abraham-Houseman.pdf.
73 FUTURES WITHOUT VIOLENCE, ECONOMIC JUSTICE, MOBILITY, AND SECURITY RECOMMENDA-
TIONS FOR THE GENDER-BASED VIOLENCE NATIONAL ACTION PLAN 5–6 (2021), https://
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89
agencies and domestic violence coalitions may result, for example,
in more referrals of victims to one-stops and to cross-training of
one-stop staff so they are more aware of the unique challenges
faced by this population. The Committee recommends that, when
this section is being implemented and states are coordinating with
domestic violence organizations, they may coordinate with both do-
mestic violence state coalitions as well as state and local domestic
violence organizations and other victim service providers. This will
ensure that survivors’ needs are met as domestic violence state coa-
litions tend to focus more on advocacy while domestic violence serv-
ice providers and organizations focus more on providing services
and meeting the needs of survivors.
Encouraging Adult Education for WIOA Applicants
The bill revises the eligibility criteria for WIOA Title I training
services. If one-stop centers find individuals ineligible for training
due to a lack of foundational skills, the centers are required to ei-
ther provide or refer these individuals to adult literacy services.
The requirement that individuals have the foundational skills
needed to successfully complete a WIOA Title I training program
ensures that Title I funds are targeted appropriately to those who
can benefit from them. At the same time, this requirement is an
obstacle for many individuals who have not been well-served by the
nation’s primary and secondary school systems. This finding of in-
eligibility should not be a stopping point in an individual’s efforts
to achieve a better job; rather, it should serve as an opportunity
to connect such individuals to the adult education services they
need before enrolling in occupational training. Among individuals
who exited the WIOA Title I adult formula program in 2020, about
2 percent were co-enrolled in adult education services,74 suggesting
there may be an opportunity to encourage more collaboration and
co-enrollment between the programs.
Job Quality Indicators for On-the-Job Training
As part of its broader focus on quality jobs, the bill authorizes
governors or local boards to increase the reimbursement rate for
on-the-job training to as high as 90 percent, contingent on the jobs
being subsidized meeting certain indicators of job quality. The goal
of WIOA is to help individuals break out of the cycle of poverty and
achieve long-term economic self-sufficiency. But too often, WIOA
participants are placed in jobs that do not offer competitive wages
or opportunities for advancement. Encouraging a greater focus on
job quality within on-the-job training is one way the bill improves
the workforce system’s record on job quality. The basic indicators
of job quality defined in this bill—competitive wages, availability of
benefits, safe workplaces—are the minimum that workers should
accept. They are hallmarks of jobs that can become long-term ca-
www.futureswithoutviolence.org/wp-content/uploads/FUTURES-Economic-Security-Rec-
ommendations-for-the-GBV-National-Action-Plan-FINAL.pdf.
74 SOCIAL POL’Y RSCH. ASSOCIATES, PY 2019 STATE DATA BOOK WISCONSIN 60 (2021), https://
www.dol.gov/sites/dolgov/files/eta/performance/pdfs/PY2019/
PY%202019%20WIOA%20and%20Wagner-Peyser%20State%20Data%20Book_WI.pdf.
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90
reers and lead to economic self-sufficiency.75 Employers that want
higher federal subsidizes to hire and train up new staff should be
willing, in return, to guarantee these basic, minimum levels of job
quality. While it is not feasible at the federal level to establish
more precise definitions of these basic indicators of job quality, as,
for example, competitive wage levels vary across states and indus-
tries, the bill gives governors or local boards—depending on wheth-
er the on-the-job training subsidizes are administered at the state
or local level—discretion to operationalize the basic indicators and
develop objective standards that are a good fit for their states or
labor market areas.
Changes to Ease Program Enrollment
The bill includes several changes that streamline or eliminate ob-
stacles to program enrollment. First, it allows one-stop centers to
enroll individuals (who initially appear to meet the necessary re-
quirements) in training services while their eligibility is being
verified. If the participant’s eligibility is ultimately confirmed,
WIOA funds will be applied. If the participant is deemed ineligible,
the training provider will be required to cover training costs in-
curred to that point and no WIOA funds will be expended. The cur-
rent process for determining eligibility for WIOA training services
can be cumbersome, with assessments of need and capacity to ben-
efit from services, and potentially documentation of income level or
other qualifying conditions. For individuals with an immediate
need for training services to upgrade their skills and obtain em-
ployment, these delays can result in missed job opportunities, in-
ability to enroll in a particular training program that may not be
offered throughout the year, or even a decision not to further pur-
sue WIOA training. This bill provides a path for such individuals
to enroll in training more quickly so they can achieve their career
goals.
Second, the bill includes two important changes that make it
easier for dislocated workers to access the needs-related payments
to complete training for another, in-demand occupation. The bill
eliminates a requirement that dislocated workers enroll in training
within 13 weeks after dislocation. The existing requirement for dis-
located workers to enroll in training within 13 weeks of losing their
jobs is onerous for many dislocated workers, who within this initial
period are often coming to terms with their dislocation and trying
to develop a plan for what they will do to re-skill. Many have not
fully developed this plan within 13 weeks, or if they have, the se-
lected training program may not be available within this window.
The bill also increases the level of payments for those who did
not qualify for Unemployment Insurance from 100 percent to 150
percent of the federal poverty line. According to stakeholders, the
federal poverty line is insufficient to sustain dislocated workers
and their families through their training programs. As has been
documented extensively, the federal poverty line is based on an
outdated calculation of family financial needs that has not evolved
to reflect shifting costs of different household needs.76 Raising the
75 WILLIAM J. CONGDON ET AL., URBAN INST., UNDERSTANDING GOOD JOBS: A REVIEW OF DEFI-
NITIONS AND EVIDENCE, at v–vii (2020), https://www.urban.org/research/publication/under-
standing-good-jobs-review-definitions-and-evidence.
76 Dutta-Gupta Statement, supra note 29, at 3.
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level of payments for those who did not qualify for unemployment
compensation will enable more dislocated workers to complete
training and obtain the skills they need for longer-term economic
self-sufficiency.
Third, the bill makes diagnostic testing and other assessments of
individuals an authorized component of the standard set of career
services available to all one-stop customers, and not available only
as an intensive career service. The purpose of this change is to
make it easier for one-stop staff to conduct more in-depth assess-
ments of individuals to determine if they lack foundational skills,
which is one way that individuals may qualify as having a barrier
to employment and receive prioritization for intensive career serv-
ices and training services in the adult formula program. Current
law only allows such in-depth assessments as part of intensive ca-
reer services, which has created a challenge because one-stops may
not be able to determine if an individual qualifies for the intensive
career services priority without first conducting an in-depth assess-
ment.77
Encouraging Incumbent Worker Training and Transitional Jobs
The bill authorizes local boards to spend a higher portion of their
adult and dislocated worker formula funds on incumbent worker
training and transitional jobs. It increases the portion of adult and
dislocated worker formula funds that may be spent on incumbent
worker training from 20 percent to 25 percent, and up to 30 per-
cent if the governor determines that such training was effective in
the prior year. Incumbent worker training can be an effective strat-
egy both to help workers advance in their careers and achieve high-
er wages and to avert layoffs by enabling workers to re-skill and
remain relevant. Incumbent worker training is also an important
tool that local boards can use to engage employers and get them
involved with the workforce development system.78 Raising the cap
on incumbent worker training gives local boards more flexibility to
meet the needs of local employers. Also, the bill increases the cap
on spending on transitional jobs from 10 percent to 40 percent.
Transitional jobs are a proven strategy for helping certain popu-
lations who face barriers to employment—such as individuals re-
turning from incarceration—obtain longer-term employment. For
individuals who may face challenges with obtaining unsubsidized
employment, perhaps because of their minimal work experience or
biases among employers, transitional jobs provide work experience
for their resume, help them develop the soft skills that employers
are looking for, and give them the chance to prove themselves to
employers who may then hire them permanently. One rigorous
evaluation of a nationwide reentry program that uses the transi-
tional jobs model found that the program significantly increased
employment and earnings for participants and resulted in net fi-
nancial gains for society, in particular from reduced criminal jus-
tice system costs as program participants were less likely to experi-
77 29 U.S.C. 3174(c).
78 KATE DUNHAM ET AL., MATHEMATICA, CHANGE AND CONTINUITY IN THE ADULT AND DIS-
LOCATED WORKER PROGRAMS UNDER WIOA 35–36 (2020), https://www.dol.gov/sites/dolgov/files/
OASP/evaluation/pdf/ETA_WIOAStudy_AdultDW.pdf.
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ence recidivism than control group members.79 Raising the cap to
40 percent gives local boards more flexibility to tailor their services
to the needs of their populations.
STRENGTHENING JOB CORPS
Self-Attestation
Consistent with the eligible youth definition for the youth for-
mula program (as discussed above), the bill allows for self-attesta-
tion of eligibility by youth enrolling in the Job Corps program.
Finding documentation is a barrier to enrollment and may slow
down the enrollment process for youth, or even dissuade some from
continuing with enrollment. Thus, the use of self-attestation is an
acceptable process for the enrollment of youth, and the bill pro-
hibits state and local areas from banning it. Further, self-attesta-
tion should be the preferred method of enrolling eligible youth to
ensure that barriers to service are minimized.
Increasing Competitive Contract Bidding
DOL uses a firm-fixed price contracting approach for Job
Corps operators.80 This approach was recommended by government
agencies such as GAO and the DOL Office of Inspector General
(OIG) for the purpose of easing administrative burden. However,
the move to fixed price contracts has the unintended consequence,
according to stakeholders, of reducing the flexibility of Job Corps
operators to maintain prevailing wages for their staff, such as
teachers and instructors, leading to increased staff turnover. The
quality of education is dependent on the quality of teachers,81
making the retention of good teachers critical to the success of the
Job Corps program. This bill requires that Job Corps use a best
value and fair and reasonable pricing contracting process to ensure
that operators have the flexibility to pay and retain quality
instructors, and maintain Job Corps facilities, without the
restrictions of agreed upon firm-fixed prices.
Additionally, the bill requires the application of the Service Con-
tract Act (SCA).82 The application of this law is further assurance
that teachers and instructors are afforded prevailing wages. The
law establishes a process of identifying the prevailing wage of rel-
evant occupations within the local area. However, according to
stakeholders, past instances of prevailing wage surveys conducted
by DOL with the use of BLS’s Occupational Employment Statistics
led to misclassification of Job Corps teachers and instructors and
lower prevailing wages. This bill requires that future surveys com-
pare the wages of Job Corps educators to schoolteachers within the
local area to ensure that Job Corps educators are paid an accurate
79 CINDY REDCROSS ET AL., DEP’T OF HEALTH & HUMAN SERVS., MORE THAN A JOB: FINAL RE-
SULTS FROM THE EVALUATION OF THE CENTER FOR EMPLOYMENT OPPORTUNITIES (CEO) TRANSI-
TIONAL JOBS PROGRAM, at ES–1–ES–2 (2012), https://www.mdrc.org/sites/default/files/
full_451.pdf.
80 See News Release, Dep’t of Labor, U.S. Department of Labor Announces Award of Four Con-
tracts For Job Corps Operations Using New Firm-Fixed Price Approach (May 15, 2020), U.S.
Department of Labor Announces Award of Four Contracts for Job Corps Operations Using New
Firm-Fixed Price Approach | U.S. Department of Labor (dol.gov).
81 See, e.g., Dan Goldhaber, In Schools, Teacher Quality Matters Most, 16 EDUCATION NEXT
56–62 (2016), https://www.educationnext.org/in-schools-teacher-quality-matters-most-coleman/.
82 See 41 U.S.C. §§ 6701–6707.
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93
prevailing wage for a similar occupation, with the intent of improv-
ing retention.
Lastly, the quality of programmatic service and education is en-
hanced through a more competitive bidding process. Under current
law, the ability for new entrants to compete for a Job Corps oper-
ator contract is limited as an operator must demonstrate relevant
experience as a campus operator, which includes housing and edu-
cating students. This bill minimizes that burden by encouraging
the use of student outcome data as the basis for bid consideration,
so that organizations that have no direct experience as a Job Corps
operator but can demonstrate positive outcomes when serving at-
risk youth have a reasonable chance of winning a bid. Further, the
bill requires DOL to develop a mentor-protége program, like the
program created under the Small Business Act,83 with the goal of
developing sub-contractors into experienced operators through a
mentor-protégé relationship with the sub contractor’s Job Corps
Operator.
Improving Zero Tolerance Through Behavioral Management
The existing statute has a draconian zero-tolerance policy that
allows for too many ways in which a student could be unfairly ex-
pelled from the program. The current statute states that a student
could be expelled for ‘‘an act of violence, for use, sale, or possession
of a controlled substance, for abuse of alcohol, or for other illegal
or disruptive activity.’’ 84 The use of the term ‘‘disruptive activity’’
is broad and can lead to expulsion for acts conducted by a student
that do not merit such a harsh disciplinary measure. The bill re-
vises the zero-tolerance policy by appropriately limiting grounds for
expulsion to only carrying out an act of violence that seriously en-
dangers the safety of the students or engaging in illegal activity.
Further, the disciplinary measures outlined in the bill, along
with the narrowed zero-tolerance policy and drug testing, fall
under a behavioral management plan that each director of a Job
Corps campus will have to develop. The intention of this plan is to
provide a process and structure for the director to manage the safe-
ty and conduct of their respective student communities by encour-
aging positive behavioral interventions with a multi-tier system of
supports. Positive behavioral interventions reinforce positive be-
havior rather than punishing students for bad behavior. Multi-tier
systems of support are an evidence-based framework for applying
a holistic approach to positive behavioral interventions.85
ENHANCING EXISTING NATIONAL PROGRAMS
Native American Programs
The bill makes several revisions to improve the Native American
programs under WIOA.86 Among other things, it removes the re-
quirement that DOL award grants under this program on a com-
petitive basis. The intent of this change is to give DOL greater
83 See 15 U.S.C. § 657r.
84 29 U.S.C. § 3202(b)(1)–(2)(A).
85 ROBERT H. HORNER et al., CTR. ON PBIS, IS SCHOOL-WIDE POSITIVE BEHAVIORAL INTERVEN-
TIONS AND SUPPORTS (PBIS) AN EVIDENCE-BASED PRACTICE? (Mar. 2020), https://assets-glob-
al.website-files.com/5d3725188825e071f1670246/60bf970915720b202ceafcd8_Evidence%20Base
%20PBIS%20043020.pdf.
86 H.R. 7309, § 271.
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94
flexibility in how it awards grants to nonprofit providers to ensure
the highest quality services are provided. The competitive award
process is meant to incentivize providers to compete to serve geo-
graphic areas by improving the quality of their services. However,
according to DOL and representatives of Native American tribes,
providers are reluctant to compete, so the same providers continue
to serve each geographic area. With this change, DOL could instead
opt to bar low-performing providers and allow better-performing
providers to take their place without any competition. The bill also
encourages service providers to use evidence-based approaches. Ad-
ditionally, the bill allows members of the Native American Council
that advises DOL on employment and training issues to continue
serving after their terms have expired, until their replacements
have been named. This change is intended to ensure continuity on
this Advisory Council so there are no gaps in its efforts to ensure
high-quality services.
Migrant and Seasonal Farmworkers Program
To better reflect the typical work period of seasonal and some mi-
grant farm laborers, this bill revises the period of consecutive work
within the 24 months prior to program application by a farmworker
from 12 months to 8 months. In doing so, the expected result will
be greater numbers of eligible farmworkers accessing and benefit-
ting from program service.
The bill authorizes funds under this section to be available for
federal obligation beginning April 1 of each fiscal year for expendi-
ture by grantees beginning July 1 of each fiscal year.
Technical Assistance
The bill adds a requirement that DOL provide technical assist-
ance that helps inform one-stop staff on trauma-informed ap-
proaches and issues related to gender-based violence.87 As dis-
cussed above, the intent of this addition is to develop the workforce
system’s understanding of trauma-informed approaches to employ-
ment and training services generally, and of gender-based violence
issues specifically. Developing an understanding of trauma-in-
formed approaches can help one-stop staff work more effectively
with job seekers who have experienced a wide range of trauma that
affects their ability to participate in employment and training serv-
ices. Victims of gender-based violence are one group that has expe-
rienced a particular type of trauma and may be served more effec-
tively because of this technical assistance.88 When implementing
this requirement, DOL should either contract with, hire, or fund in-
dividuals or organizations with a background in gender-based vio-
lence to provide training and technical assistance on trauma-in-
formed practices and gender-based violence for WIOA program
staff.
87 H.R. 7309, § 273.
88 FUTURES WITHOUT VIOLENCE, ECONOMIC JUSTICE, MOBILITY, AND SECURITY RECOMMENDA-
TIONS FOR THE GENDER-BASED VIOLENCE NATIONAL ACTION PLAN 6 (2021), https://
www.futureswithoutviolence.org/wp-content/uploads/FUTURES-Economic-Security-Rec-
ommendations-for-the-GBV-National-Action-Plan-FINAL.pdf.
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Evaluations and Research
The bill updates and strengthens the evaluations and research
provisions of WIOA of 2014 in two ways.89 First, it removes the
language in current law that authorizes research studies on several
specific workforce development topics because those studies have
been completed. The bill replaces those studies with an authoriza-
tion for a new study about correctional institution employment and
training, which is needed to further develop the limited evidence on
effective strategies in this area.
Second, the bill authorizes a workforce development innovation
fund. The purpose of this fund is to encourage innovation in work-
force development and help build the evidence base about effective
approaches. With respect to administering this fund, DOL awards
grants to local and state boards, nonprofits, and institutions of
higher education to conduct innovative workforce development
projects. Unlike the existing multistate project authority under
WIOA, this fund allows for smaller, potentially single-site projects
that test an innovative concept.90 The fund is authorized to provide
early-phase grants to test such unproven ideas, mid-phase grants
to scale up and evaluate initial projects that show promise, and ex-
pansion grants to more widely implement and replicate the most
successful projects. Over the longer term, the goal is for workforce
programs under WIOA to draw on the evidence from this fund and
increasingly adopt evidence-based approaches into their standard
practices.
YouthBuild Programs
The bill makes several revisions to the YouthBuild program that
enhance the services available through the program and make
other improvements.91 The bill extends the authorized period of fol-
low-up services after job placement from 12 months to 24 months,
in recognition of the ongoing challenges that at-risk youth may face
with maintaining employment and the need for extended supports.
It authorizes the use of YouthBuild funds for providing meals to
participants, which according to YouthBuild programs is critical to
enabling low-income youth to participate in the program. It also al-
lows YouthBuild grantees to count their YouthBuild grant funds to-
wards the matching requirement of the National and Community
Service Act of 1990.92 YouthBuild programs report that many of the
grantees under the program are small, community-based organiza-
tions that lack the funds to meet the matching requirement under
the National and Community Service Act of 1990. This change en-
ables more of these organizations—which best understand the
needs of and have connections with at-risk youth in their commu-
nities—to receive grants.
AUTHORIZING NEW NATIONAL PROGRAMS
Strengthening Community Colleges Training Grants
Community colleges are a critical partner in the workforce devel-
opment system as a major provider of WIOA-funded training serv-
89 H.R. 7309, § 274.
90 29 U.S.C. § 3224(a)–(b).
91 H.R. 7309, § 276.
92 42 U.S.C. § 12571(e).
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96
ices and a repository of subject matter expertise in a wide range
of fields. Strengthening community colleges’ focus on workforce de-
velopment will help the workforce system meet its goals. DOL’s
Strengthening Community Colleges Training grants, currently op-
erated by DOL under WIOA evaluations and research authority,
aim to build the capacity of community colleges to provide training
for in-demand jobs and address equity gaps in the labor market, in
conjunction with employers and the workforce development sys-
tem.93 In 2022, DOL announced the availability of $45 million for
the second round of competitive grants.94 This bill codifies this
competitive grant program, including its basic purposes and de-
sign.95 It authorizes grants for community colleges to work in part-
nership with employers and the workforce system to develop train-
ing for in-demand industry sectors and occupations. Community
colleges must use the funds to develop and deliver education and
training programs, which can include career pathways, work-based
learning, and apprenticeships. They must also reserve 15 percent
of funds for supportive services to help participants complete train-
ing, consistent with this bill’s overall emphasis on supportive serv-
ices. The bill also continues the existing grants’ focus on addressing
equity, as grants are prioritized to applicants that will serve indi-
viduals with barriers to employment or incumbent workers who
need foundational skills training.
Reentry Employment Opportunities
The bill authorizes reentry employment opportunity (REO) com-
petitive grants, codifying the grant program currently operated by
DOL under WIOA evaluations and research authority.96 There is
a critical need for reentry employment and training services for in-
dividuals returning from incarceration. Nearly 600,000 individuals
are released from state and federal prisons each year,97 and accord-
ing to one study almost half of them will experience repeat contact
with the criminal justice system within a year of release.98 This bill
takes a step toward addressing the employment challenges faced by
these justice-involved individuals by making reentry services a per-
manent part of the workforce development system and incor-
porating best practices gleaned from congressional testimony and
other sources. The bill authorizes DOL to award competitive grants
to non-profit providers to provide employment and training services
to justice-involved adults or youth. The grant period is for four
years, ensuring that programs have sufficient time to provide serv-
ices and continue follow-up after job placement. In awarding
grants, priority is given to grantees serving individuals prior to or
soon after release from incarceration, to maximize the chances for
a smooth transition from incarceration to stable employment. Au-
93 See FOA–ETA–22–02, Dep’t of Labor, Strengthening Community Colleges Training Grants
3, 5 (Mar. 2, 2022), https://www.grants.gov/web/grants/view-opportunity.html?oppId=336701.
94 Id. at 3.
95 H.R. 7309, § 277.
96 H.R. 7309, § 278; 29 U.S.C. § 3224(b)(5).
97 NATHAN JAMES, CONG. RSCH. SERV., 7–5700, OFFENDER REENTRY: CORRECTIONAL STATIS-
TICS, REINTEGRATION INTO THE COMMUNITY, AND RECIDIVISM 2 (2015).
98 Annelies Goger et al., Prisoner Reentry, in BROOKINGS-AEI WORKING GROUP ON CRIMINAL
JUSTICE REFORM, A BETTER PATH FORWARD FOR CRIMINAL JUSTICE 71 (2021), https://
www.brookings.edu/research/a-better-path-forward-for-criminal-justice-prisoner-reentry/; MARIEL
ALPER ET AL., DEP’T OF JUST., 2018 UPDATE ON PRISONER RECIDIVISM: A 9-YEAR FOLLOW-UP-
PERIOD (2005–2014), at 1 (2018), https://bjs.ojp.gov/library/publications/2018-update-prisoner-re-
cidivism-9-year-follow-period-2005–2014.
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thorized activities include intensive career counseling; the full
range of training services available under WIOA; supportive serv-
ices including mental health treatment such as cognitive behavioral
therapy, which has been shown to be linked to improved employ-
ment and recidivism outcomes for justice-involved individuals; em-
ployer engagement; and transitional jobs, a common approach for
helping justice-involved individuals get connected to the work-
force.99 The grant program has a rigorous evaluation component to
continue to build the evidence base in this area that examines the
effectiveness of specific services, the impacts on different sub-popu-
lations, and the appropriate sequencing of services.
Sectoral Employment through Career Training for Occupational
Readiness (SECTOR) Program
The involvement of employers and industry groups is critical to
the success of the workforce development system, as it ensures that
training and other workforce development activities are targeted to
skills that are in demand among local employers. Industry and sec-
tor partnerships have the potential to be a valuable form of engage-
ment between industry and the workforce system, as they bring
employers and workforce professionals together to focus on building
the worker pipeline for locally in-demand industry sectors. WIOA
of 2014 included a new requirement for local boards to use adult
and dislocated worker funds to develop and convene industry and
sector partnerships.100 However, according to a Mathematica Policy
Research report, few local boards undertook major new sector part-
nership initiatives in response to this requirement, and some local
staff said the definition of industry and sector partnerships was too
nebulous and hard to operationalize.101 This bill establishes a sepa-
rate industry and sector partnership program within WIOA, which
includes a funding set-aside for this purpose and more fully devel-
oped programmatic requirements.102 Most of the funding (80 per-
cent) is distributed by formula to the states and local boards, to
supplement their existing formula funds and allow them to in-
crease their investment in such partnerships. In addition, 20 per-
cent of funding is reserved for competitive grants, so the Secretary
can target funds to particular regions experiencing economic dis-
ruptions and to high-growth industries. For example, these grant
funds could be used to support regional efforts to develop jobs in
the creative economy, the green economy, health care, or informa-
tion technology.
ADULT EDUCATION AND LITERACY
Digital Literacy Skills
Technological advances since the last authorization of WIOA in
2014 have made digital literacy a necessary skillset to function in
the labor market and adult life in much the same way as literacy
and numeracy. This bill includes ‘‘digital literacy’’ or ‘‘digital skills’’
99 JOHANNA LACOE & HANNAH BETESH, SUPPORTING REENTRY EMPLOYMENT AND SUCCESS: A
SUMMARY OF THE EVIDENCE FOR ADULTS AND YOUNG ADULTS 4, 6 (2019), https://www.dol.gov/
sites/dolgov/files/OASP/evaluation/pdf/REOSupportingReentryEmploymentRB090319.pdf.
100 Pub. L. No. 113–128, § 134(c), 128 Stat. 1425, 1520 (2014).
101 KATE DUNHAM ET AL., MATHEMATICA, CHANGE AND CONTINUITY IN THE ADULT AND DIS-
LOCATED WORKER PROGRAMS UNDER WIOA 34–35 (2020), https://www.dol.gov/sites/dolgov/files/
OASP/evaluation/pdf/ETA_WIOAStudy_AdultDW.pdf.
102 H.R. 7309, § 279.
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98
throughout the Adult Education and Family Literacy Act to ensure
that adults receiving foundational education are gaining all the
requisite skills needed in the current economy.
Integrated Education
This bill further expands upon the definition of ‘‘Integrated Edu-
cation and Training’’ and ‘‘Integrated English Literacy and Civics
Education.’’ In both instances, it provides further detail on the
kinds of workforce preparation activities that make up integrated
education. For ‘‘Integrated Education and Training,’’ it specifies
that workforce preparation activities should lead to high wage and
high demand occupations to ensure that participants in integrated
adult education receive training for the same in-demand, sustain-
able careers as Title I WIOA participants. The definition of ‘‘Inte-
grated English Literacy and Civics Education’’ builds upon the ex-
isting activities that make up that definition by further including
the use of digital technology skills, application for federal student
financial aid and apprenticeship programs, preparation for high
school enrollment or employment, and instruction in navigating
multiple support systems and financial literacy. These activities
make up important components of civic life.
Performance Accountability Demonstration
The existing statute requires that adult education activities be
subject to the same performance accountability requirements as
Title I programs. While the alignment of performance measures
across the workforce system and varying populations is a useful
evaluative tool, it does not allow for the capture of different chal-
lenges and achievements among different populations. In acknowl-
edgment that adult education services should be measured in dif-
ferent ways than Title I services, this bill authorizes a new dem-
onstration grant for the purpose of innovating new performance
measures that better capture the outcomes experienced by adult
learners.
An important element of the demonstration grants are the re-
porting requirements during and after the duration of the grants.
The grants require that those receiving funding shall provide to the
Secretary a report on the progress made on alternative perform-
ance measures, which shall go through a peer review process. The
process of the progress report and associated peer review are in-
tended to provide a robust feedback loop to best inform the Secre-
taries of Labor and Education about the efficacy of proposed alter-
native measures.
Professional Development
To ensure that individuals in adult education are receiving a
high-quality education, the staffing and professional development
of adult educators must be given increased funding and emphasis.
This bill addresses the supply of high-quality adult educators in
several ways. It amends the State Leadership activities to pilot and
strengthen program quality standards and credentialing of adult
educators. It also increases allowable funds for program develop-
ment by removing professional development activities from the
local administrative cost limit cap and providing their own sepa-
rate allowance of funds. It amends the National Leadership Activi-
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99
ties to allow for improved professionalization of the adult education
workforce. According to stakeholders, the adult education workforce
is comprised of too many part-time educators, which limits the effi-
cacy and supply of educators for adult education services. This bill
rectifies that by providing for the creation and implementation of
full-time staffing models.
AUTHORIZING FUNDS TO MEET THE NATION’S WORKFORCE
DEVELOPMENT NEEDS
Overall, H.R. 7309 authorizes $78 billion in spending for work-
force development programs over six years, Fiscal Year (FY) 2023
to FY 2028. This historic investment corrects for decades of erosion
of federal spending on these programs, which has left a weakened
workforce system that cannot provide the needed level of services—
training programs leading to high-quality jobs and supportive serv-
ices to help participants complete training—and cannot serve
enough people in need of services.
With regard to the core Title I formula programs for adults, dis-
located workers, and youth, the bill authorizes $6 billion for FY
2023. This level of funding more than matches the inflation-ad-
justed previous highest level of funding for these programs in FY
2002 and is nearly double the amount appropriated for FY 2022.
The bill then authorizes a 10 percent increase each year for these
formula programs, so funding levels will at least keep up with in-
flation and the federal investment will not continue to erode. Ulti-
mately, by FY 2028, the authorized funding levels for the formula
programs is estimated to support training for one million partici-
pants.
The bill authorizes a significant increase in the investment in re-
entry services, with $250 million authorized for FY 2023—com-
pared to about $100 million appropriated in FY 2022—followed by
$50 million increases each year and a funding level of $500 million
in FY 2028. The current level of spending for REO programs does
not meet the needs of the entire reentry population; this bill recog-
nizes the need to invest more while also providing time for reentry
service providers to build up their capacity to serve more partici-
pants.
Lastly, the bill authorizes FY 2023 funding levels above the FY
2022 enacted levels for all other WIOA programs as well, with sub-
sequent annual increases to keep pace with inflation.
SECTION-BY-SECTION ANALYSIS
Sec. 1. Short title
This section states that the title of this bill is the Workforce In-
novation and Opportunity Act of 2022 (WIOA of 2022).
Sec. 2. References
This section states that any reference to an amendment to or re-
peal of a section or other provisions is made to the Workforce Inno-
vation and Opportunity Act of 2014 (WIOA of 2014), unless other-
wise expressly provided.
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100
Sec. 3. Transition provisions
This section contains provisions that authorize the Secretary of
Labor (Secretary) and other relevant agencies to take the actions
needed for an orderly transition from WIOA of 2014 to WIOA of
2022).
Sec. 4. Effective date
This section establishes that the date that WIOA of 2022 will
take effect is July 1, 2023, with further specified guidance for the
state and local plans.
Sec. 5. Table of Contents
TITLE I—DEFINITIONS AND OTHER GENERAL MATTERS
Sec. 101. Definitions
This section amends or adds definitions of key terms, including:
• Apprenticeship Program. Defines an apprenticeship pro-
gram as a program registered under the National Apprentice-
ship Act.
• Career Pathways. Amends the definition of career path-
ways to include supportive services, multiple entry and exit
points, and a progression toward attainment of a recognized
postsecondary credential.
• Competency. Defines competency as the attainment of
knowledge, skills, and abilities in a subject area, as specified
by an occupational skill standard and demonstrated by an ap-
propriate written or hands-on proficiency measurement.
• Dislocated worker. Amends the definition of dislocated
worker to include two additional populations, the under-
employed and the long-term unemployed, who do not qualify
for dislocated services under the existing statute.
• Eligible youth. Amends the definition of eligible youth by
replacing the in-school and out of school youth definitions with
a single definition, and allows for self-attestation, thus stream-
lining the eligibility determination process for youth who may
lack access to otherwise required documentation.
• Evidence-based. Defines three tiers of evidence-based ap-
proaches based on the number and quality of evaluations sup-
porting the effectiveness of these approaches.
• Foundational skill needs. Replaces the term basic skills de-
ficient with foundational skill needs and adds several new
areas of foundational skill needs including digital literacy, fi-
nancial literacy, and communication skills.
• Individuals with barriers to employment. Amends this def-
inition by adding individuals who have been historically under-
served and marginalized as a result of race, color, national ori-
gin, sexual orientation, or gender identity.
• Justice-involved individual. Replaces the term offender
with justice-involved individual.
• Low-income individual. Expands this definition to include
individuals with incomes up to 150 percent of the federal pov-
erty line.
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• Opportunity youth. Defines opportunity youth as individ-
uals who are ages 16 to 24, not attending school, and under-
employed or not employed.
• Pre-Apprenticeship Program. Defines a pre-apprenticeship
program as a program designed to prepare participants for an
apprenticeship program registered under the National Appren-
ticeship Act.
• Supportive services. Expands this definition to include new
services such as mental health care, substance use disorder
treatment, and assistance with accessing the internet.
• Work-based learning. Defines work-based learning with
the definition given to this term in section 3 of the Carl D. Per-
kins Career and Technical Education Act of 2006.
TITLE II—WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A—System Alignment
Chapter 1—State Provisions
Sec. 201. State Workforce Development Boards
This section amends the membership requirements for state
boards that set statewide workforce development strategies and
priorities, including by increasing the potential share of labor orga-
nizations to 30 percent, requiring representation by post-secondary
and adult education institutions, and requiring demographic diver-
sity on the boards that reflects the diversity of the state. The sec-
tion also amends the functions of the state boards by requiring
them to develop strategies for using digital technology to enhance
access to workforce development services for individuals with bar-
riers to employment.
Sec. 202. Unified State Plan
This section amends the required elements of the unified state
plan by increasing the focus on how the workforce system in the
state is meeting the needs of certain groups such as opportunity
youth and individuals with disabilities. It also provides more direc-
tion regarding the process for obtaining public input on the draft
plan. The section also requires the state plan to describe the state’s
strategy for joint planning, alignment, coordination, and leveraging
funds, including with federal partners.
Sec. 203. Combined State Plan
This section amends the combined state plan—an option under
which the state submits to the federal government a workforce de-
velopment plan that includes the core partners in the workforce
system as well as one or more additional partners—by adding ap-
prenticeship programs as a potential additional program for inclu-
sion.
Chapter 2—Local Provisions
Sec. 206. Workforce Development Areas
This section amends the process that Governors use when desig-
nating local workforce development areas—geographic areas that
correspond to local labor markets and receive allocations of Title I
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funds by formula—including by requiring consultation with state
economic development agencies and a consideration of how such
designations will improve efficiency in service delivery and ensure
access to comprehensive one-stop centers.
Sec. 207. Local Workforce Development Boards
This section amends the membership requirements for local
boards that establish workforce development strategies and prior-
ities for local areas by, among other things, increasing the potential
share of labor organizations on the boards to 30 percent, requiring
standing committees focused on adult education and other issues,
and requiring the demographic composition of the boards to reflect
the demographic diversity of the local area. It amends the functions
of the local board in several ways, including by ensuring that tech-
nology is leveraged to ensure individuals with barriers to employ-
ment have access to workforce services.
Sec. 208. Local Plans
This section amends the required elements of local plans—docu-
ments outlining workforce development strategies and priorities for
local areas—by, among other things, requiring descriptions of how
the local board will help job seekers assess their options for enter-
ing training programs that lead to high quality jobs and how the
local board will leverage technology to improve coordination and co-
enrollment among one-stop partners. This section also requires the
local board to conduct a comprehensive needs assessment for better
coordination and availability of youth workforce activities.
Chapter 3—Performance Accountability
Sec. 211. Performance Accountability System
This section amends the workforce development system’s per-
formance accountability metrics in several areas, including by:
• adding a measure of longer-term earning progression (me-
dian earnings at the fourth quarter following program exit);
• providing authority to the Secretary to develop new per-
formance measures to indicate the quality of jobs earned after
participants receive training, such as paid time off and work-
place safety, among others;
• amending the process for states and federal agencies to
come to an agreement on state performance levels, including
by requiring the federal agencies to initially propose expected
performance levels based on their statistical adjustment model
and by expanding the requirement for continuous improvement
to include adoption of new service strategies or serving new
populations; and
• requiring states to develop and publish state equity re-
ports that identify and quantify any disparities in performance
outcomes across demographic groups, such as race, ethnicity,
and gender.
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Subtitle B—Workforce Investment Activities and Providers
Chapter 1—Workforce Investment Activities and Providers
Sec. 221. Establishment of One-Stop Delivery Systems
This section amends requirements for the one-stop delivery sys-
tem—the network of comprehensive one-stop centers, affiliated
sites, and partners that provides workforce development services in
a local area—in several ways, including by:
• authorizing public libraries to serve as affiliated one-stop
sites, creating another option for bringing workforce services
into communities;
• providing greater clarity on the role of one-stop operators,
which includes managing infrastructure, facilitating coordina-
tion among partners, and providing direct services;
• emphasizing that one-stop infrastructure includes both the
physical footprint of the one-stop centers and the technology
needed to provide virtual services;
• allowing local workforce development boards to serve as
one-stop operators under certain conditions; and
• providing a set-aside of funding to cover one-stop infra-
structure costs from Title I formula, Wagner-Peyser, and Adult
Education programs, and eliminating the Infrastructure Fund-
ing Agreement requirements.
Sec. 222. Identification of Eligible Providers of Training Services
This section amends the requirements governing the state eligi-
ble training provider list (ETPL)—the list of training programs ap-
proved by the state to be funded with Title I funds—in several
ways, including by:
• authorizing online education and training programs to
qualify for the ETPL;
• expanding the criteria that states can develop for inclusion
on the ETPL, through guidance from the Secretary, to include
a certification by employers or an industry and sector partner-
ship that the training will lead to recognized post-secondary
credentials, in-demand competencies, and opportunities for jobs
paying competitive wages;
• strengthening the accountability measures that bar train-
ing providers whose performance does not meet established cri-
teria from inclusion on the ETPL for a period of time; and
• requiring the Governor to review the training providers on
the ETPL annually to ensure they still satisfy the criteria for
inclusion.
Chapter 2—Youth Workforce Investment Activities
Sec. 231. State Allotments
This section amends the allotment of youth funds to the states
by reserving 1.5 percent of such funds for youth who are migrant
and seasonal farmworkers and by increasing the reservation for
youth in outlying areas.
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Sec. 232. Within State Allocations
This section amends how funds allocated to local areas are to be
used by allowing for the transfer of youth funds between the sum-
mer and year-round employment programs authorized in section
234 of the bill and youth activities authorized under section 129 of
WIOA of 2014.
Sec. 233. Use of Funds for Youth Workforce Investment Activities
This section amends the required and allowable youth workforce
development activities that the one-stop delivery system provides
to eligible youth in several ways, including by:
• requiring local areas to conduct a comprehensive youth
needs assessment, which must, among other things, address
the performance outcomes for youth in the local area, the par-
ticular workforce development needs of local youth, the work-
force services available, and effective strategies that will be
employed for meeting youths’ needs; and
• removing the requirement that all program elements must
be provided as a part of authorized youth workforce activities.
Sec. 234. Summer and Year-Round Employment for Youth
This section directs local areas to provide summer and year-
round employment opportunities that may include subsidized and
unsubsidized employment. The summer or year-round employment
program must include elements such as mentoring, work-readiness
training, career exploration, coaching, and financial literacy train-
ing.
Chapter 3—Adult and Dislocated Worker Employment and
Training Activities
Sec. 241. Within State Allocations
This section makes a technical change by eliminating references
to unobligated funds left over from the Workforce Investment Act of
1998 and allows for the transfer of funds between the adult and
dislocated worker activities and the sectoral employment through
career training for occupational readiness (SECTOR) program, au-
thorized in section 279.
Sec. 242. Use of Funds for Employment and Training Activities
This section amends the required and allowable uses of funds for
adult and dislocated worker employment and training activities
provided by the one-stop delivery system in several ways, including
by:
• enhancing workforce development services for older work-
ers, by allowing States to use their reserve funds to develop al-
ternative strategies for meeting the needs of older workers—
such as self-employment—and to coordinate with other pro-
grams serving this population;
• enhancing the workforce system’s ability to effectively
serve individuals who have been victims of gender-based vio-
lence by allowing states to use their reserve funds to coordi-
nate with other programs serving victims;
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• requiring one-stops to connect individuals to adult edu-
cation services before finding them ineligible for training serv-
ices because of a lack of foundational skills;
• requiring that at least 75 percent of adult funds allocated
to local areas for career, training, or supportive services be
spent on individuals who have the highest needs, including
those who are low-income, are public assistance recipients, and
have other barriers to employment;
• providing further clarity on the types of requirements em-
ployers should meet to receive reimbursements for on-the-job
training costs, such as basic indicators of job quality, including
competitive wages, availability of benefits, and a safe work-
place;
• making supportive services a required activity, available to
adults and dislocated workers who are in career or training
services or in their first 12 months of a placement in unsub-
sidized employment; and
• raising the cap on the proportion of local funds that can
be spent on incumbent worker training (to 25 percent) and
transitional jobs (to 40 percent).
Chapter 4—General Workforce Development Provisions
Sec. 251. Authorization of Appropriations
This section authorizes funding for Fiscal Years 2023 to 2028 for
youth workforce investment activities; adult employment and train-
ing activities; dislocated worker employment and training activi-
ties; and industry or sector partnership training.
Subtitle C—Job Corps
Sec. 261. Amendments Relating to Job Corps
This section amends the Job Corps program—a residential pro-
gram for opportunity youth that provides employment and training
services at centers across the country—by:
• renaming ‘‘Job Corp Centers’’ as ‘‘Job Corps Campuses’’;
• simplifying the eligibility requirements for Job Corps en-
rollees by removing the 20 percent cap on individuals between
the ages of 22 and 24, and allowing for an increase in the max-
imum age to age 28 for individuals with disabilities and jus-
tice-involved individuals;
• allowing the self-attestation of youth who meet eligibility
criteria, thus streamlining the eligibility determination process
for those who may lack access to otherwise required docu-
mentation;
• establishing that contracts awarded to Job Corps operators
and service providers are based on the best value and fair and
reasonable pricing;
• allowing new entrants into the competitive bidding process
by establishing selection criteria for non-incumbent offerors to
demonstrate relevant programmatic experience through past
effectiveness assisting youth, and creating a mentor-protégé
program modeled after the Small Business Act program, which
would allow service providers to develop capacity as a Job
Corps operator;
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• removing volatility in the designation of high-performance
Job Corps operators by using two prior years of data instead
of one;
• clarifying the authority of Job Corps Campus operators to
hire staff and provide professional development as well as
enter into agreements with local partners;
• allowing operators to implement a behavioral management
plan to establish standards of conduct and positive behavioral
interventions;
• narrowing the current definition of ‘‘zero tolerance’’ to in-
stances of violence or illegal activity on campus;
• revising the guidelines under the zero-tolerance policy to
restrict disciplinary measures to only acts of violence that seri-
ously endanger the safety of students, staff, or the community
or illegal activity on campus;
• establishing an advisory group of Job Corps operators and
service providers to review reporting data and provide rec-
ommendations for the newly established behavioral manage-
ment plans;
• covering employees of Job Corps operators and service pro-
viders under the Service Contract Act, as well as academic and
career technical instructors at Job Corps campuses (who are
otherwise exempt from the Service Contract Act), to help en-
sure high quality instructors can be hired and retained;
• requiring bidders to identify costs for compliance with the
wage and benefits requirements under the Service Contract
Act, based upon a survey by the Secretary comparing wage and
benefit levels with local public educational institutions; and
• revising the performance model of Job Corps Campuses to
ensure the performance measures are equitable, transparent,
and open to the public.
Sec. 162. Authorization of Appropriations
This section authorizes funding for Fiscal Years 2023 to 2028 for
all Job Corps operations and activities.
Subtitle D—National Programs
Sec. 271. Native American Programs
This section amends Native American employment and training
programs in several ways, including by eliminating the require-
ment for DOL to award grants on a competitive basis; requiring
that the organizational component within DOL that administers
the Native American programs be a division of DOL; and allowing
members of the Native American employment and training council
to continue serving after their terms have expired until their suc-
cessors have been named.
Sec. 272. Migrant and Seasonal Farmworker Programs
This section amends migrant and seasonal farmworker programs
by clarifying the periods of time in which appropriated funds may
be obligated and used for program activities.
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Sec. 273. Technical Assistance
This section clarifies that DOL’s technical assistance is intended
to support the professional development of staff in the workforce
development system. The section also requires DOL to support the
provision of training to one-stop staff on trauma-informed ap-
proaches, gender and racial biases, and the unique safety chal-
lenges faced by survivors of gender-based violence.
Sec. 274. Evaluations and Research
This section amends the evaluations and research provisions in
WIOA of 2014 by creating a new workforce development innovation
fund. This new fund aims to build evidence on what works in work-
force development by funding three different types of grants:
• early-phase grants to test innovative program ideas;
• mid-phase grants to implement and evaluate early-phase
programs that showed promise; and
• expansion grants to scale up, replicate, and fully evaluate
programs that were found to produce sizable impacts in mid-
phase grants.
These grants may be awarded to entities including state and
local boards and community-based organizations.
Sec. 275. National Dislocated Worker Grants
This section amends the national dislocated worker grants to
allow national and regional intermediary organizations to receive
grants.
Sec. 276. YouthBuild Program
This section amends the YouthBuild program in several ways, in-
cluding by:
• reserving grant funds for programs in rural areas, when
appropriated funds are above a certain threshold;
• extending the allowed period of follow-up services to 24
months to ensure participants succeed in employment;
• allowing the program to fund meals for participants;
• allowing grantees to count YouthBuild funds toward the
matching requirement under the National and Community
Service Act; and
• requiring states to facilitate YouthBuild programs’ access
to Unemployment Insurance wage data for the purpose of per-
formance measurement.
Sec. 277. Community College and Industry Partnership Grants
This section codifies DOL’s Strengthening Community Colleges
Training Grants, authorizing a competitive grant program that
aims to build community colleges’ capacity to provide employment
and training programs leading to post-secondary credentials in in-
demand industries or occupations. Community college grantees, in
partnership with employers and the workforce development system,
must develop employment and training programs targeting specific
industry sectors. Required or allowable activities under the grants
include:
• developing or scaling up career training, career pathways,
or work-based learning options such as apprenticeships;
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• assisting individuals with barriers to employment with ac-
cessing such programs; and
• providing supportive services to help participants complete
their education and training.
Sec. 278. Reentry Employment Opportunities
This section codifies DOL’s reentry employment opportunities
(REO) current demonstration grant program as a permanent part
of WIOA of 2022. It authorizes competitive grants to assist justice-
involved adults and youth in obtaining and sustaining employment.
Grantees may be community-based organizations or national and
regional intermediary organizations. In awarding grants, DOL
must prioritize grantees serving high-crime and high-poverty areas,
enrolling participants prior to or soon after release from incarcer-
ation, and using evidence-based approaches. Allowable activities
under the grants include:
• providing career counseling and training services;
• transitional jobs;
• outreach to employers; and
• supportive services, including mental health care and sub-
stance use disorder treatment.
Sec. 279. Sectoral Employment Through Career Training for Occu-
pational Readiness
This section authorizes a new national industry and sector part-
nership program that will help state or local boards convene, de-
velop, or expand sectoral partnerships for the purposes of providing
career, training, and supportive services to adult and dislocated
workers, including those with barriers to employment. It allocates
20 percent of authorized funding through national competitive
grants and the remaining 80 percent to local boards through the
adult formula.
Sec. 280. Workforce Data Quality Initiative Grants
This section authorizes a new workforce data quality initiative
grant that would codify an existing program administered by DOL
that allocates funds to states for the purposes of creating or ex-
panding longitudinal systems.
Sec. 281. Authorization of Appropriations
This section authorizes funding for national programs for Fiscal
Years 2023 to 2028.
Subtitle E—Administration
Sec. 291. Nondiscrimination
This section clarifies that entities receiving WIOA of 2022 funds
are allowed to limit services only to citizens in cases where career
and education programs are related to projects of importance to na-
tional security.
Sec. 292. Secretarial Administrative Authorities and Responsibil-
ities
This section makes secretarial amendments to WIOA of 2014, in-
cluding correcting the name of the Education and Labor Committee
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and making technical revisions to section 189 to correspond to the
reauthorized bill.
Sec. 293. Guardrails for Program Integrity
This section restricts proprietary institutions of higher education
from participating as a state or local board member and operating
a one-stop center.
TITLE III—ADULT EDUCATION AND FAMILY LITERACY
Sec. 301. Family Literacy
This section amends the title of Title II of WIOA of 2014 to read
‘‘Adult Education and Family Literacy Act.’’
Sec. 302. Purpose
This section amends the purpose of the Adult Education and
Family Literacy Act to include the need for digital literacy skills.
Sec. 303. Definitions
This section amends or adds definitions of key terms, including:
• Adult education and literacy activities. Adds digital skills
as another type of activity.
• Family literacy activities. Adds digital literacy activities to
the list of family literacy activities.
• Integrated education and training. Clarifies that inte-
grated education and training may be offered concurrently
with other adult education activities.
• Integrated English literacy and civics education. Amends
integrated English literacy and civics education to include ad-
ditional activities, such as achieving digital literacy, applying
for federal aid, financial literacy, and navigating the housing
market and secondary education.
Sec. 304. Authorization of Appropriations
This section authorizes funding for the Adult Education and
Family Literacy Act for Fiscal Years 2023 to 2028.
Sec. 305. Performance Accountability System
This section creates a new demonstration program, under the au-
thority of the Secretary of Education, for the purposes of developing
new performance measures that better capture the efficacy of adult
education and literacy programs as compared to the existing per-
formance measures required under WIOA of 2014.
Sec. 306. State Distribution of Funds; Matching Requirement
This section requires that state agencies make publicly available
the source of matching contributions and how such funds are dis-
tributed to eligible providers.
Sec. 307. State Leadership Activities
This section allows for the development, maintenance, and im-
provement of quality of credentialing and professional development
of adult educators.
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Sec. 308. Grants and Contracts for Eligible Providers
This section amends section 231 of WIOA of 2014 by replacing
‘‘scientifically valid research and effective educational practice’’
with the application of ‘‘universal design for learning.’’
Sec. 309. Local Administrative Cost Limits
This section increases the allowable use of funds for professional
development of adult educators by moving such activities outside
the administrative cost limits.
Sec. 310. National Leadership Activities
This section adds new technical assistance requirements to the
national leadership programs, including requiring that outcomes
and data are collected and reported in a timely manner and that
such data is reported consistently across states.
Sec. 311. Integrated English Literacy and Civics Education
This section amends the Integrated English Literacy and Civics
Education grants authorized under section 243 of WIOA of 2014 by
including workforce preparation activities, such as pre-apprentice-
ship and apprenticeship programs, as allowable activities.
Sec. 312. Technical Corrections to Other Laws
This section makes a technical correction to the title of the Adult
Education and Family Literacy Act.
TITLE IV—GENERAL PROVISIONS
Sec. 401. Prohibition of National Database Management
This section amends the prohibition on a national workforce data
base under WIOA of 2014 by allowing the creation of one by DOL
on the condition it be housed and managed by the federal govern-
ment and not by a third party or contractor and that no personally
identifiable information will be revealed or published.
Sec. 402. Accessibility
This section ensures that any use of digital technology for pur-
poses of service delivery be compliant with assistive technology
standards.
TITLE V—AMENDMENTS TO THE WAGNER-PEYSER ACT
Sec. 501. Inclusion of Commonwealth of the Northern Mariana Is-
lands and American Samoa
This section ensures that the Commonwealth of the Northern
Mariana Islands and American Samoa be allowed to receive fund-
ing under Wagner-Peyser.
Sec. 502. Workforce and Labor Market Information System
This section authorizes funding for the Labor Market Informa-
tion System authorized under the Wagner-Peyser Act.
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TITLE VI—AMENDMENTS TO THE REHABILITATION ACT OF 1973
Sec. 601. Authorized Appropriations
This section authorizes funding for provisions of the Rehabilita-
tion Act of 1973, as amended under WIOA of 2014, for Fiscal Years
2023 through 2028. Most of that funding is for mandatory grants
that are increased each year by a formula in the Rehabilitation Act
of 1973 that specifies that each year’s funding will equal at least
the prior year’s funding plus an increase equal to inflation.
EXPLANATION OF AMENDMENTS
The amendments, including the amendment in the nature of a
substitute, are explained in the descriptive portions of this report.
APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
Pursuant to section 102(b)(3) of the Congressional Accountability
Act of 1995, Pub. L. No. 104–1, H.R. 7309, as amended, applies to
terms and conditions of employment within the legislative branch
because one of the laws amended by H.R. 7309 (Rehabilitation Act
of 1973) is included within the list of laws applicable to the legisla-
tive branch enumerated in section 102(a) of the Congressional Ac-
countability Act of 1995.
UNFUNDED MANDATE STATEMENT
Pursuant to Section 423 of the Congressional Budget and Im-
poundment Control Act of 1974, Pub. L. No. 93–344 (as amended
by Section 101(a)(2) of the Unfunded Mandates Reform Act of 1995,
Pub. L. No. 104–4) the Committee traditionally adopts as its own
the cost estimate prepared by the Director of the Congressional
Budget Office (CBO) pursuant to section 402 of the Congressional
Budget and Impoundment Control Act of 1974. The Committee re-
ports that because this cost estimate was not timely submitted to
the Committee before the filing of this report, the Committee is not
in a position to make a cost estimate for H.R. 7309, as amended.
EARMARK STATEMENT
In accordance with clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 7309 does not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits as de-
scribed in clauses 9(e), 9(f), and 9(g) of rule XXI.
ROLL CALL VOTES
In compliance with clause 3(b) of rule XIII of the Rules of the
House of Representatives, the Committee advises that the following
roll call votes occurred during the Committee’s consideration of
H.R. 7309:
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Insert offset folio 121 here HR321.001
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Insert offset folio 122 here HR321.002
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Insert offset folio 123 here HR321.003
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Insert offset folio 124 here HR321.004
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Insert offset folio 125 here HR321.005
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Insert offset folio 126 here HR321.006
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STATEMENT OF PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause (3)(c) of rule XIII of the Rules of the House
of Representatives, the goals of H.R. 7309 are to modernize our na-
tion’s workforce development system through increased funding
and a new focus on equity and job quality.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
of Representatives, the Committee states that no provision of H.R.
7309 is known to be duplicative of another federal program, includ-
ing any program that was included in a report to Congress pursu-
ant to section 21 of Pub. L. No. 111–139 or the most recent Catalog
of Federal Domestic Assistance.
HEARINGS
Pursuant to clause 3(c)(6) of rule XIII of the Rules of the House
of Representatives, the Committee held a bipartisan roundtable
and three bipartisan hearings that were used to develop H.R. 7309.
On April 21, 2021, the Education and Labor (Committee) held a
bipartisan Member roundtable on the reauthorization of the Work-
force Innovation and Opportunity Act. During the roundtable,
Members and panelists discussed challenges facing the existing
workforce system and how the reauthorization of WIOA of 2014
could address those challenges. The panelists were: Mr. David
Bradley, Analyst in Labor Economics, Congressional Research
Service (CRS), Washington, DC; Ms. Dawn Locke, Acting Director,
Education, Workforce, and Income Security, Government Account-
ability Office (GAO), Washington, DC; Mr. Ron Painter, President
and CEO, National Association of Workforce Boards, Washington,
DC; and Ms. Maria Flynn, President and CEO, Jobs for the Future,
Boston, MA.
On May 13, 2021, the Committee held a bipartisan hearing enti-
tled ‘‘Workforce Innovation and Opportunity Act Reauthorization:
Creating Opportunities for Youth Employment.’’ The Committee
heard testimony on the challenges facing the youth activities au-
thorized under WIOA of 2014. The witnesses were: Ms. Chekemma
Fullmore-Townsend, President and CEO, Philadelphia Youth Net-
work, Philadelphia, PA; Mr. Thomas Showalter, Senior Advisor,
National Youth Employment Coalition, Washington, DC; Ms. Deb
Lindner, Human Resources Manager, Precor, Whitsett, NC; and
Mr. Byron Garret, President & CEO, National Job Corps Associa-
tion, Washington, DC.
On May 27, 2021, the Committee held a bipartisan hearing enti-
tled ‘‘Workforce Innovation and Opportunity Act Reauthorization:
Creating Employment Pathways for Dislocated Workers.’’ The Com-
mittee heard testimony on how to use the reauthorization of WIOA
of 2014 to mitigate worker displacement and promote lifelong
learning. The witnesses were: Mr. Joe Barela, Executive Director,
Colorado Department of Labor and Employment, Denver, CO; Mr.
P.J. McGrew, Executive Director, Indiana Governor’s Workforce
Cabinet, Indianapolis, IN; Mr. Matt Sigelman, Chief Executive Of-
ficer, Burning Glass Technologies, Boston, MA; and Ms. Portia Wu,
Managing Director, U.S. Public Policy, U.S. Government Affairs,
Microsoft Corporation, Washington, DC.
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On June 15, 2021, the Committee held a bipartisan hearing enti-
tled ‘‘Workforce Innovation and Opportunity Act Reauthorization:
Examining Successful Models of Employment for Justice-Involved
Individuals.’’ The Committee heard testimony on the need for a
codified reentry grant that provides comprehensive services to jus-
tice-involved individuals. The witnesses were: Ms. Traci Scott, Vice
President of Workforce Development, National Urban League, New
York, NY; Mr. Gregg Keesling, President, Recycle Force, Indianap-
olis, IN; Ms. Pamela Lattimore, Senior Director for Research Devel-
opment, Division for Applied Justice Research, RTI International,
Research, Triangle Park, NC; and Ms. Wendi Safstrom, Executive
Director, SHRM Foundation, Alexandria, VA.
STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF
THE COMMITTEE
In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1)
of Rule X of the Rules of the House of Representatives, the Com-
mittee’s oversight findings and recommendations are reflected in
the descriptive portions of this report.
NEW BUDGET AUTHORITY AND CBO COST ESTIMATE
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
of Representatives and section 308(a) of the Congressional Budget
and Impoundment Control Act of 1974, and pursuant to clause
3(c)(3) of rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget and Impoundment Control
Act of 1974, the Committee has requested but not received a cost
estimate for the bill from the Director of the Congressional Budget
Office.
COMMITTEE COST ESTIMATE
Clause 3(d)(1) of rule XIII of the Rules of the House of Rep-
resentatives requires an estimate and a comparison of the costs
that would be incurred in carrying out H.R. 7309. However, clause
3(d)(2)(B) of that rule provides that this requirement does not
apply when the committee has included in its report a timely sub-
mitted cost estimate of the bill prepared by the Director of the Con-
gressional Budget Office under section 402 of the Congressional
Budget and Impoundment Control Act of 1974. The Committee re-
ports that because this cost estimate was not timely submitted to
the Committee before the filing of this report, the Committee is not
in a position to make a cost estimate for H.R. 7309, as amended.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
H.R. 7309, as reported, are shown as follows:
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
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120
and existing law in which no change is proposed is shown in
roman):
WORKFORCE INNOVATION AND OPPORTUNITY ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Workforce Inno-
vation and Opportunity Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
* * * * * * *
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I—WORKFORCE DEVELOPMENT ACTIVITIES
* * * * * * *
Subtitle B—Workforce Investment Activities and Providers
* * * * * * *
CHAPTER 2—YOUTH WORKFORCE INVESTMENT ACTIVITIES
* * * * * * *
Sec. 130. Summer and year-round employment for youth.
* * * * * * *
Subtitle D—National Programs
* * * * * * *
øSec. 172. Authorization of appropriations.¿
Sec. 172. Strengthening Community Colleges Training Grants Program.
Sec. 173. Reentry employment opportunities.
Sec. 174. Sectoral employment through career training for occupational readiness
(sector) program.
Sec. 175. Workforce data quality initiative grants.
Sec. 176. Authorization of appropriations.
* * * * * * *
TITLE V—GENERAL PROVISIONS
Subtitle A—Workforce Investment
* * * * * * *
Sec. 507. Accessibility.
* * * * * * *
SEC. 3. DEFINITIONS.
In this Act, and the core program provisions that are not in this
Act, except as otherwise expressly provided:
(1) ADMINISTRATIVE COSTS.—The term ‘‘administrative costs’’
means expenditures incurred by State boards and local boards,
direct recipients (including State grant recipients under sub-
title B of title I and recipients of awards under subtitles C and
D of title I), local grant recipients, local fiscal agents or local
grant subrecipients, and one-stop operators in the performance
of administrative functions and in carrying out activities under
title I that are not related to the direct provision of workforce
investment services (including services to participants and em-
ployers). Such costs include both personnel and nonpersonnel
costs and both direct and indirect costs.
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121
(2) ADULT.—Except as otherwise specified in section 132, the
term ‘‘adult’’ means an individual who is age 18 or older.
(3) ADULT EDUCATION; ADULT EDUCATION AND LITERACY AC-
TIVITIES.—The terms ‘‘adult education’’ and ‘‘adult education
and literacy activities’’ have the meanings given the terms in
section 203.
(4) APPRENTICESHIP PROGRAM.—The term ‘‘apprenticeship
program’’ means a program registered under the Act of August
16, 1937 (commonly known as the ‘‘National Apprenticeship
Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
ø(4)¿ (5) AREA CAREER AND TECHNICAL EDUCATION SCHOOL.—
The term ‘‘area career and technical education school’’ has the
meaning given the term in section 3 of the Carl D. Perkins Ca-
reer and Technical Education Act of 2006 (20 U.S.C. 2302).
ø(5) BASIC SKILLS DEFICIENT.—The term ‘‘basic skills defi-
cient’’ means, with respect to an individual—
ø(A) who is a youth, that the individual has English
reading, writing, or computing skills at or below the 8th
grade level on a generally accepted standardized test; or
ø(B) who is a youth or adult, that the individual is un-
able to compute or solve problems, or read, write, or speak
English, at a level necessary to function on the job, in the
individual’s family, or in society.¿
(6) CAREER AND TECHNICAL EDUCATION.—The term ‘‘career
and technical education’’ has the meaning given the term in
section 3 of the Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2302).
ø(7) CAREER PATHWAY.—The term ‘‘career pathway’’ means a
combination of rigorous and high-quality education, training,
and other services that—
ø(A) aligns with the skill needs of industries in the econ-
omy of the State or regional economy involved;
ø(B) prepares an individual to be successful in any of a
full range of secondary or postsecondary education options,
including apprenticeships registered under the Act of Au-
gust 16, 1937 (commonly known as the ‘‘National Appren-
ticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et
seq.) (referred to individually in this Act as an ‘‘apprentice-
ship’’, except in section 171);
ø(C) includes counseling to support an individual in
achieving the individual’s education and career goals;
ø(D) includes, as appropriate, education offered concur-
rently with and in the same context as workforce prepara-
tion activities and training for a specific occupation or oc-
cupational cluster;
ø(E) organizes education, training, and other services to
meet the particular needs of an individual in a manner
that accelerates the educational and career advancement
of the individual to the extent practicable;
ø(F) enables an individual to attain a secondary school
diploma or its recognized equivalent, and at least 1 recog-
nized postsecondary credential; and
ø(G) helps an individual enter or advance within a spe-
cific occupation or occupational cluster.¿
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(7) CAREER PATHWAY.—The term ‘‘career pathway’’ means a
combination of rigorous and high-quality education, training,
and other services that—
(A) are designed to support progression towards attain-
ment of a recognized postsecondary credential;
(B) align with the skill needs of industries in the econ-
omy of the State or regional economy involved;
(C) include multiple entry and exit points;
(D) prepare an individual to be successful in any of a full
range of secondary or postsecondary education options, in-
cluding apprenticeship programs;
(E) provide career services, including counseling to sup-
port an individual in achieving the individual’s education
and career goals, and helping the individual to identify
and access a path to skills and credentials that are needed
for the educational and career advancement of the indi-
vidual;
(F) include supportive services or provides assistance in
applying for and accessing direct support services, means-
tested Federal benefit programs, or similar State, tribal, or
local benefit programs;
(G) include, as appropriate, education offered concur-
rently with and in the same context as workforce prepara-
tion activities and training for a specific occupation or oc-
cupational cluster (such as through work-based learning
opportunities);
(H) organize education, training, and other services to
meet the particular needs of an individual in a manner
that accelerates the educational and career advancement of
the individual to the extent practicable;
(I) enable an individual to attain a secondary school di-
ploma or its recognized equivalent as applicable, and at
least 1 recognized postsecondary credential; and
(J) help an individual enter or advance within a specific
occupation or occupational cluster.
(8) CAREER PLANNING.—The term ‘‘career planning’’ means
the provision of a client-centered approach in the delivery of
services, designed—
(A) to prepare and coordinate comprehensive employ-
ment plans, such as service strategies, for participants to
ensure access to necessary workforce investment activities
and supportive services, using, where feasible, computer-
based technologies; and
(B) to provide job, education, and career counseling, as
appropriate during program participation and after job
placement.
(9) CHIEF ELECTED OFFICIAL.—The term ‘‘chief elected offi-
cial’’ means—
(A) the chief elected executive officer of a unit of general
local government in a local area; and
(B) in a case in which a local area includes more than
1 unit of general local government, the individuals des-
ignated under the agreement described in section
107(c)(1)(B).
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(10) COENROLLMENT.—The term ‘‘coenrollment’’ means simul-
taneous enrollment in more than one of the programs or activi-
ties carried out by a one-stop partner in section 121(b)(1)(B).
ø(10)¿ (11) COMMUNITY-BASED ORGANIZATION.—The term
‘‘community-based organization’’ means a private nonprofit or-
ganization (which may include a faith-based organization), that
is representative of a community or a significant segment of a
community and that has demonstrated expertise and effective-
ness in the field of workforce development.
(12) COMPETENCY.—The term ‘competency’ means the attain-
ment of knowledge, skills, and abilities in a subject area, as
specified by an occupational skill standard and demonstrated
by an appropriate written, oral, hands-on, or other appropriate
proficiency measurement.
ø(11)¿ (13) COMPETITIVE INTEGRATED EMPLOYMENT.—The
term ‘‘competitive integrated employment’’ has the meaning
given the term in section 7 of the Rehabilitation Act of 1973
(29 U.S.C. 705), for individuals with disabilities.
ø(12)¿ (14) CORE PROGRAM.—The term ‘‘core programs’’
means a program authorized under a core program provision.
ø(13)¿ (15) CORE PROGRAM PROVISION.—The term ‘‘core pro-
gram provision’’ means—
(A) chapters 2 and 3 of subtitle B of title I (relating to
youth workforce investment activities and adult and dis-
located worker employment and training activities);
(B) title II (relating to adult education and literacy ac-
tivities);
(C) sections 1 through 13 of the Wagner-Peyser Act (29
U.S.C. 49 et seq.) (relating to employment services); and
(D) title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.), other than section 112 or part C of that title
(29 U.S.C. 732, 741) (relating to vocational rehabilitation
services).
ø(14)¿ (16) CUSTOMIZED TRAINING.—The term ‘‘customized
training’’ means training—
(A) that is designed to meet the specific requirements of
an employer (including a group of employers);
(B) that is conducted with a commitment by the em-
ployer to employ an individual upon successful completion
of the training; and
(C) for which the employer pays—
(i) a significant portion of the cost of training, as de-
termined by the local board involved, taking into ac-
count the size of the employer and such other factors
as the local board determines to be appropriate, which
may include the number of employees participating in
training, wage and benefit levels of those employees
(at present and anticipated upon completion of the
training), relation of the training to the competitive-
ness of a participant, and other employer-provided
training and advancement opportunities; and
(ii) in the case of customized training (as defined in
subparagraphs (A) and (B)) involving an employer lo-
cated in multiple local areas in the State, a significant
portion of the cost of the training, as determined by
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124
the Governor of the State, taking into account the size
of the employer and such other factors as the Gov-
ernor determines to be appropriate.
(17) DIGITAL LITERACY SKILLS.—The term ‘‘digital literacy
skills’’ has the meaning given the term in section 202(A) of the
Museum and Library Services Act (20 U.S.C. 9101(2)).
ø(15)¿ (18) DISLOCATED WORKER.—The term ‘‘dislocated
worker’’ means an individual who—
(A)(i) has been terminated or laid off, or who has re-
ceived a notice of termination or layoff, from employment;
and
(ii)(I) is eligible for or has exhausted entitlement to un-
employment compensation; øor¿
(II) has been employed for a duration sufficient to
demonstrate, to the appropriate entity at a one-stop
center referred to in section 121(e), attachment to the
workforce, but is not eligible for unemployment com-
pensation due to insufficient earnings or having per-
formed services for an employer that were not covered
under a State unemployment compensation law; øand¿
or
(III) has been an unemployed individual for 27 weeks or
more;
ø(iii) is unlikely to return to a previous industry or occu-
pation;¿
(B)(i) has been terminated or laid off, or has received a
notice of termination or layoff, from employment as a re-
sult of any permanent closure of, or any substantial layoff
at, a plant, facility, or enterprise;
(ii) is employed at a facility at which the employer has
made a general announcement that such facility will close
within 180 days; or
(iii) for purposes of eligibility to receive services other
than training services described in section 134(c)(3), career
services described in section 134(c)(2)(A)(xii), or supportive
services, is employed at a facility at which the employer
has made a general announcement that such facility will
close;
(C) was self-employed (including employment as a farm-
er, a rancher, or a fisherman) but is unemployed as a re-
sult of general economic conditions in the community in
which the individual resides or because of natural disas-
ters;
(D)(i) is currently underemployed and engaged in the oc-
casional performance of services for remuneration; and
(ii) is self-employed, is seeking part-time employment,
and does not have sufficient work history to qualify, or oth-
erwise would not qualify for regular unemployment or ex-
tended benefits under State or Federal law;
ø(D)¿ (E) is a displaced øhomemaker¿ caregiver; or
ø(E)¿ (F)(i) is the spouse of a member of the Armed
Forces on active duty (as defined in section 101(d)(1) of
title 10, United States Code), and who has experienced a
loss of employment as a direct result of relocation to ac-
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125
commodate a permanent change in duty station of such
member; or
(ii) is the spouse of a member of the Armed Forces on
active duty and who meets the criteria described in para-
graph (16)(B).
ø(16)¿ (19) DISPLACED øHOMEMAKER¿ CAREGIVER.—The term
‘‘displaced øhomemaker¿ caregiver’’ means an individual who
has been providing unpaid services to øfamily members¿ a
family member in the home and who—
(A)(i) has been dependent on the income of another fam-
ily member but is no longer supported by that income;
øor¿
(ii) is the dependent spouse of a member of the Armed
Forces on active duty (as defined in section 101(d)(1) of
title 10, United States Code) and whose family income is
significantly reduced because of a deployment (as defined
in section 991(b) of title 10, United States Code, or pursu-
ant to paragraph (4) of such section), a call or order to ac-
tive duty pursuant to a provision of law referred to in sec-
tion 101(a)(13)(B) of title 10, United States Code, a perma-
nent change of station, or the service-connected (as defined
in section 101(16) of title 38, United States Code) death or
disability of the member; øand¿ or
(iii) has involuntarily left the labor market to provide
care for a relative or dependent, which may be validated
through self-attestation in a manner consistent with section
402A(e) of the Higher Education Act of 1965 (20 U.S.C.
1070a–11(e)); and
(B) is unemployed or underemployed and is experiencing
difficulty in obtaining or upgrading employment.
ø(17)¿ (20) ECONOMIC DEVELOPMENT AGENCY.—The term
‘‘economic development agency’’ includes a local planning or
zoning commission or board, a community development agency,
or another local agency or institution responsible for regu-
lating, promoting, or assisting in local economic development.
ø(18) ELIGIBLE YOUTH.—Except as provided in subtitles C
and D of title I, the term ‘‘eligible youth’’ means an in-school
youth or out-of-school youth.¿
(21) ELIGIBLE YOUTH.—Except as provided in subtitles C and
D of title I, the term ‘‘eligible youth’’ means—
(A) an opportunity youth; or
(B) a youth who is not younger than 14 years of age and
not older than 24 years of age, who can self-attest, in a
manner consistent with section 402A(e) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070a–11(e)), that the
youth—
(i) is attending school (as defined by State law);
(ii) is a low-income individual; and
(iii) is one or more of the following:
(I) An English learner.
(II) An individual impacted by the juvenile or
adult justice system.
(III) A homeless individual (as defined in section
41403(6) of the Violence Against Women Act of
1994 (42 U.S.C. 14043e–2(6))), a homeless child or
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126
youth (as defined in section 725(2) of the McKin-
ney-Vento Homeless Assistance Act (42 U.S.C.
11434a(2))), a runaway, a child or youth in foster
care or who has aged out of the foster care system,
a child or youth eligible for assistance under sec-
tion 477 of the Social Security Act (42 U.S.C. 677),
or a child or youth in an out-of-home placement.
(IV) An individual who is pregnant or parenting.
(V) An individual with a disability.
ø(19)¿ (22) EMPLOYMENT AND TRAINING ACTIVITY.—The term
‘‘employment and training activity’’ means an activity de-
scribed in section 134 that is carried out for an adult or dis-
located worker.
ø(20)¿ (23) ENGLISH LANGUAGE ACQUISITION PROGRAM.—The
term ‘‘English language acquisition program’’ has the meaning
given the term in section 203.
ø(21)¿ (24) ENGLISH øLANGUAGE¿ LEARNER.—The term
‘‘English ølanguage¿ learner’’ has the meaning given the term
in section 203.
(25) EVIDENCE-BASED.—The term ‘‘evidence-based’’, when
used with respect to an activity, strategy, or intervention, means
an activity, strategy or intervention that—
(A) demonstrates a statistically significant effect on im-
proving participant outcomes or other relevant outcomes
based on—
(i) strong evidence from at least 1 well-designed and
well-implemented experimental study;
(ii) moderate evidence from at least 1 well-designed
and well-implemented quasi-experimental study; or
(iii) promising evidence from at least 1 well-designed
and well-implemented correlational study with statis-
tical controls for selection bias; or
(B)(i) demonstrates a rationale based on high-quality re-
search findings or positive evaluation that such activity,
strategy, or intervention is likely to improve student out-
comes or other relevant outcomes; and
(ii) includes ongoing efforts to examine the effects of such
activity, strategy, or intervention.
(26) FOUNDATIONAL SKILL NEEDS.—The term ‘‘foundational
skill needs’’ means, with respect to an individual—
(A) who is a youth or adult, that the individual has
English reading, writing, or computing skills at or below
the 8th grade level on a generally accepted standardized
test; or
(B) who is a youth or adult, that the individual is unable
to compute or solve problems, or read, write, or speak
English, or does not possess digital literacy, interpersonal
communication, time management, critical thinking, or fi-
nancial literacy skills at a level necessary to function on the
job, in the individual’s family, or in society.
ø(22)¿ (27) GOVERNOR.—The term ‘‘Governor’’ means the
chief executive of a State or an outlying area.
ø(23)¿ (28) IN-DEMAND INDUSTRY SECTOR OR OCCUPATION.—
(A) IN GENERAL.—The term ‘‘in-demand industry sector
or occupation’’ means—
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127
(i) an industry sector that has a substantial current
or potential impact (including through jobs that lead
to economic self-sufficiency and opportunities for ad-
vancement) on the State, regional, or local economy, as
appropriate, and that contributes to the growth or sta-
bility of other supporting businesses, or the growth of
other industry sectors; or
(ii) an occupation that currently has or is projected
to have a number of positions (including positions that
lead to economic self-sufficiency and opportunities for
advancement) in an industry sector so as to have a
significant impact on the State, regional, or local econ-
omy, as appropriate.
(B) DETERMINATION.—The determination of whether an
industry sector or occupation is in-demand under this
paragraph shall be made by the State board or local board,
as appropriate, using State and regional business and
labor market projections, including the use of labor market
information.
ø(24) INDIVIDUAL WITH A BARRIER TO EMPLOYMENT.—The
term ‘‘individual with a barrier to employment’’ means a mem-
ber of 1 or more of the following populations:
ø(A) Displaced homemakers.
ø(B) Low-income individuals.
ø(C) Indians, Alaska Natives, and Native Hawaiians, as
such terms are defined in section 166.
ø(D) Individuals with disabilities, including youth who
are individuals with disabilities.
ø(E) Older individuals.
ø(F) Ex-offenders.
ø(G) Homeless individuals (as defined in section
41403(6) of the Violence Against Women Act of 1994 (42
U.S.C. 14043e-2(6))), or homeless children and youths (as
defined in section 725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2))).
ø(H) Youth who are in or have aged out of the foster
care system.
ø(I) Individuals who are English language learners, indi-
viduals who have low levels of literacy, and individuals
facing substantial cultural barriers.
ø(J) Eligible migrant and seasonal farmworkers, as de-
fined in section 167(i).
ø(K) Individuals within 2 years of exhausting lifetime
eligibility under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.).
ø(L) Single parents (including single pregnant women).
ø(M) Long-term unemployed individuals.
ø(N) Such other groups as the Governor involved deter-
mines to have barriers to employment.¿
(29) INDIVIDUAL WITH A BARRIER TO EMPLOYMENT.—The term
‘‘individual with a barrier to employment’’ means a member of
1 or more of the following populations:
(A) Displaced caregivers.
(B) Low-income individuals.
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128
(C) Indians, Alaska Natives, and Native Hawaiians, as
such terms are defined in section 166.
(D) Individuals with disabilities, including youth who
are individuals with disabilities.
(E) Older individuals.
(F) Justice-involved individuals.
(G) Homeless individuals (as defined in section 41403(6)
of the Violence Against Women Act of 1994 (42 U.S.C.
14043e–2(6))), or homeless children and youths (as defined
in section 725(2) of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11434a(2))).
(H) Youth who are in or have aged out of the foster care
system.
(I) Individuals who are English learners, individuals
who have low levels of literacy including digital literacy, or
individuals facing substantial cultural barriers.
(J) Eligible migrant and seasonal farmworkers, as de-
fined in section 167(i).
(K) Individuals who exhausted lifetime eligibility under
part A of title IV of the Social Security Act (42 U.S.C. 601
et seq.).
(L) Single parents (including single pregnant women).
(M) Long-term unemployed individuals.
(N) The spouse of, or youth with a parent who is—
(i) a member of the armed forces (as such term is de-
fined in section 101(a)(4) of title 10, United States
Code);
(ii) on active duty (as such term is defined in section
101(d)(1) of such title); and
(iii) deployed or recently transferred.
(O) Individuals who have been historically underserved
and marginalized as a result of race, color, national origin,
sexual orientation, or gender identity.
(P) Such other groups as the Governor involved deter-
mines to have barriers to employment.
ø(25)¿ (30) INDIVIDUAL WITH A DISABILITY.—
(A) IN GENERAL.—The term ‘‘individual with a dis-
ability’’ means an individual with a disability as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102).
(B) INDIVIDUALS WITH DISABILITIES.—The term ‘‘individ-
uals with disabilities’’ means more than 1 individual with
a disability.
ø(26)¿ (31) INDUSTRY OR SECTOR PARTNERSHIP.—The term
‘‘industry or sector partnership’’ means a workforce collabo-
rative, convened by or acting in partnership with a State board
or local board, that—
(A) organizes key stakeholders in an industry cluster
into a working group that focuses on the shared goals and
human resources needs of the industry cluster and that in-
cludes, at the appropriate stage of development of the
partnership—
(i) representatives of multiple businesses or other
employers in the industry cluster, including small and
medium-sized employers when practicable;
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129
(ii) 1 or more representatives of a recognized State
labor organization or central labor council, or another
labor representative, as appropriate; and
(iii) 1 or more representatives of an institution of
higher education with, or another provider of, edu-
cation or training programs that support the industry
cluster; and
(B) may include representatives of—
(i) State or local government;
(ii) State or local economic development agencies;
(iii) State boards or local boards, as appropriate;
(iv) a State workforce agency or other entity pro-
viding employment services;
(v) other State or local agencies;
(vi) business or trade associations;
(vii) economic development organizations;
(viii) nonprofit organizations, community-based or-
ganizations, or intermediaries;
(ix) philanthropic organizations;
(x) industry associations; and
(xi) other organizations, as determined to be nec-
essary by the members comprising the industry or sec-
tor partnership.
ø(27) IN-SCHOOL YOUTH.—The term ‘‘in-school youth’’ means
a youth described in section 129(a)(1)(C).¿
ø(28)¿ (32) INSTITUTION OF HIGHER EDUCATION.—The term
‘‘institution of higher education’’ has the meaning given the
term in section 101, and subparagraphs (A) and (B) of section
102(a)(1), of the Higher Education Act of 1965 (20 U.S.C. 1001,
1002(a)(1)).
ø(29)¿ (33) INTEGRATED EDUCATION AND TRAINING.—The
term ‘‘integrated education and training’’ has the meaning
given the term in section 203.
ø(38) OFFENDER.—¿ (34) JUSTICE-INVOLVED INDIVIDUAL.— .—
The term ‘‘øoffender¿ justice-involved individual’’ means an
adult or juvenile—
(A) who is or has been subject to any stage of the crimi-
nal justice process, and for whom services under this Act
may be beneficial; or
(B) who requires assistance in overcoming artificial bar-
riers to employment resulting from a record of arrest or
conviction.
ø(30)¿ (35) LABOR MARKET AREA.—The term ‘‘labor market
area’’ means an economically integrated geographic area within
which individuals can reside and find employment within a
reasonable distance or can readily change employment without
changing their place of residence. Such an area shall be identi-
fied in accordance with criteria used by the Bureau of Labor
Statistics of the Department of Labor and the economic devel-
opment agency in defining such areas or similar criteria estab-
lished by a Governor.
(36) LABOR ORGANIZATION.—The term ‘‘labor organization’’
has the meaning given the term in section 2(5) of the National
Labor Relations Act (29 U.S.C. 152(5)), except that such term
shall also include—
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130
(A) any organization composed of labor organizations,
such as a labor union federation or a State or municipal
labor body; and
(B) any organization which would be included in the def-
inition for such term under such section 2(5) but for the
fact that the organization represents—
(i) individuals employed by the United States, any
wholly owned Government corporation, any Federal
Reserve Bank, or any State or political subdivision
thereof;
(ii) individuals employed by persons subject to the
Railway Labor Act (45 25 U.S.C. 151 et seq.); or
(iii) individuals employed as agricultural laborers.
ø(31)¿ (37) LITERACY.—The term ‘‘literacy’’ has the meaning
given the term in section 203.
ø(32)¿ (38) LOCAL AREA.—The term ‘‘local area’’ means a
local workforce investment area designated under section 106,
subject to sections 106(c)(3)(A), 107(c)(4)(B)(i), and 189(i).
ø(33)¿ (39) LOCAL BOARD.—The term ‘‘local board’’ means a
local workforce development board established under section
107, subject to section 107(c)(4)(B)(i).
ø(34)¿ (40) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local
educational agency’’ has the meaning given the term in section
8101 of the Elementaryand Secondary Education Act of 1965.
ø(35)¿ (41) LOCAL PLAN.—The term ‘‘local plan’’ means a
plan submitted under section 108, subject to section
106(c)(3)(B).
ø(36)¿ (42) LOW-INCOME INDIVIDUAL.—
(A) IN GENERAL.—The term ‘‘low-income individual’’
means an individual who—
(i) receives, or in the past 6 months has received, or
is a member of a family that is receiving or in the past
6 months has received, assistance through the supple-
mental nutrition assistance program established under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.), the program of block grants to States for tem-
porary assistance for needy families program under
part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.), or the supplemental security income pro-
gram established under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.), or State or local income-
based public assistance;
(ii) is in a family with total family income that does
not exceed the higher of—
ø(I) the poverty line; or¿
(I) 150 percent of the poverty line (exclusive of
unemployment compensation, child support pay-
ments, payments described in this subparagraph,
and old-age and survivors insurance benefits re-
ceived under section 202 of the Social Security Act
(42 U.S.C. 402)); or
(II) 70 percent of the lower living standard in-
come level;
(iii) is a homeless individual (as defined in section
41403(6) of the Violence Against Women Act of 1994
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131
(42 U.S.C. 14043e-2(6))), or a homeless child or youth
(as defined under section 725(2) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a(2)));
(iv) receives or is eligible to receive a free or reduced
price lunch under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.);
(v) is a foster child on behalf of whom State or local
government payments are made; øor¿
(vi) is an individual with a disability whose own in-
come meets the income requirement of clause (ii), but
who is a member of a family whose income does not
meet this requirementø.¿; or
(vii) is an individual who is—
(I) an eligible migrant or seasonal farmworker,
as defined in section 167(i); and
(II) in a family with total family income that
does not exceed 150 percent of the poverty line.
(B) LOWER LIVING STANDARD INCOME LEVEL.—The term
‘‘lower living standard income level’’ means that income
level (adjusted for regional, metropolitan, urban, and rural
differences and family size) determined annually by the
Secretary of Labor øbased on the most recent lower living
family budget issued by the Secretary¿.
ø(37) NONTRADITIONAL EMPLOYMENT.—The term ‘‘nontradi-
tional employment’’ refers to occupations or fields of work, for
which individuals from the gender involved comprise less than
25 percent of the individuals employed in each such occupation
or field of work.¿
(43) NONTRADITIONAL EMPLOYMENT.—The term ‘‘nontradi-
tional employment’’ refers to occupations or fields of work, for
which a group of individuals (such as individuals from the
same gender, race, or ethnicity), the members of which—
(A) comprise less than 25 percent of the individuals em-
ployed in each such occupation or field of work; or
(B) comprise a percentage of individuals employed in
such occupation that is lower than the percentage of the
total population comprised by such members, based on the
most recent data from the Bureau of the Census.
ø(39)¿ (44) OLDER INDIVIDUAL.—The term ‘‘older individual’’
means an individual age 55 or older.
ø(40)¿ (45) ONE-STOP CENTER.—The term ‘‘one-stop center’’
means a site described in section 121(e)(2).
ø(41)¿ (46) ONE-STOP OPERATOR.—The term ‘‘one-stop oper-
ator’’ means 1 or more entities designated or certified under
section 121(d).
ø(42)¿ (47) ONE-STOP PARTNER.—The term ‘‘one-stop partner’’
means—
(A) an entity described in section 121(b)(1); and
(B) an entity described in section 121(b)(2) that is par-
ticipating, with the approval of the local board and chief
elected official, in the operation of a one-stop delivery sys-
tem.
ø(43)¿ (48) ONE-STOP PARTNER PROGRAM.—The term ‘‘one-
stop partner program’’ means a program or activities described
in section 121(b) of a one-stop partner.
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132
ø(44)¿ (49) ON-THE-JOB TRAINING.—The term ‘‘on-the-job
training’’ means training by an employer that is provided to a
paid participant while engaged in productive work in a job
that—
(A) provides knowledge or skills essential to the full and
adequate performance of the job;
(B) is made available through a program that provides
reimbursement to the employer of up to 50 percent of the
wage rate of the participant, except as provided in section
134(c)(3)(H), for the extraordinary costs of providing the
training and additional supervision related to the training;
and
(C) is limited in duration as appropriate to the occupa-
tion for which the participant is being trained, taking into
account the content of the training, the prior work experi-
ence of the participant, and the service strategy of the par-
ticipant, as appropriate.
(50) OPPORTUNITY YOUTH.—The term ‘‘opportunity youth’’—
(A) means an individual—
(i) who is not younger than 16 years of age and not
older than 24 years of age; and
(ii) who can self-attest to a one-stop operator or one-
stop center, in a manner consistent with section
402A(e) of the Higher Education Act of 1965 (20 U.S.C.
1070a–11(e)) that the individual is—
(I) not attending any school (as defined under
State law); and
(II) not employed; and
(B) except in the case of an individual who is a low-in-
come individual and has foundational skill needs, does not
include any individual who is a recipient of a secondary
school diploma or its recognized equivalent.
ø(45)¿ (51) OUTLYING AREA.—The term ‘‘outlying area’’
means—
(A) American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, and the United States Virgin
Islands; and
(B) the Republic of Palau, except during any period for
which the Secretary of Labor and the Secretary of Edu-
cation determine that a Compact of Free Association is in
effect and contains provisions for training and education
assistance prohibiting the assistance provided under this
Act.
ø(46) OUT-OF-SCHOOL YOUTH.—The term ‘‘out-of-school
youth’’ means a youth described in section 129(a)(1)(B).¿
ø(47)¿ (52) PAY-FOR-PERFORMANCE CONTRACT STRATEGY.—
The term ‘‘pay-for-performance contract strategy’’ means a pro-
curement strategy that uses pay-for-performance contracts in
the provision of training services described in section 134(c)(3)
or activities described in section 129(c)(2), and includes—
(A) contracts, each of which shall specify a fixed amount
that will be paid to an eligible service provider (which may
include a local or national community-based organization
or intermediary, community college, or other training pro-
vider, that is eligible under section 122 or 123, as appro-
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133
priate) based on the achievement of specified levels of per-
formance on the primary indicators of performance de-
scribed in section 116(b)(2)(A) for target populations as
identified by the local board (including individuals with
barriers to employment), within a defined timetable, and
which may provide for bonus payments to such service pro-
vider to expand capacity to provide effective training;
(B) a strategy for independently validating the achieve-
ment of the performance described in subparagraph (A);
and
(C) a description of how the State or local area will re-
allocate funds not paid to a provider because the achieve-
ment of the performance described in subparagraph (A) did
not occur, for further activities related to such a procure-
ment strategy, subject to section 189(g)(4).
(53) PERKINS-ELIGIBLE AGENCY.—The term ‘‘Perkins-eligible
agency’’ has the meaning given the term ‘‘eligible agency’’ in sec-
tion 3 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2302).
ø(48)¿ (54) PLANNING REGION.—The term ‘‘planning region’’
means a region described in subparagraph (B) or (C) of section
106(a)(2), subject to section 107(c)(4)(B)(i).
ø(49)¿ (55) POVERTY LINE.—The term ‘‘poverty line’’ means
the poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved.
(56) PRE-APPRENTICESHIP PROGRAM.—The term ‘‘pre-appren-
ticeship program’’ means a training model or program that—
(A) is designed to prepare participants to enter an ap-
prenticeship program;
(B) has a written agreement with 1 or more sponsors of
apprenticeship programs that would enable participants
who successfully complete the pre-apprenticeship pro-
gram—
(i) to enter into the apprenticeship program if a place
in the program is available and if the participant
meets the qualifications of the apprenticeship program;
and
(ii) to earn credits towards the apprenticeship pro-
gram;
(C) includes skills development (including a curriculum
for the skills development) aligned with industry standards
related to an apprenticeship program created in consulta-
tion with sponsors of the apprenticeship program that are
parties to the written agreement under subparagraph (B),
and that will prepare participants by teaching the skills
and competencies needed to enter 1 or more apprenticeship
programs; and
(D) does not displace a paid employee.
ø(50)¿ (57) PUBLIC ASSISTANCE.—The term ‘‘public assist-
ance’’ means Federal, State, or local government cash pay-
ments for which eligibility is determined by a needs or income
test.
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134
ø(51)¿ (58) RAPID RESPONSE ACTIVITY.—The term ‘‘rapid re-
sponse activity’’ means an activity provided by a State, or by
an entity designated by a State, with funds provided by the
State under section 134(a)(1)(A), in the case of a permanent
closure or mass layoff at a plant, facility, or enterprise, or a
natural or other disaster, that results in mass job dislocation,
in order to assist dislocated workers in obtaining reemploy-
ment in a job position of similar wages and benefits, to the
greatest extent possible, or on the job training for a new occupa-
tion or industry, as soon as possible, with services including—
(A) the establishment of onsite contact with employers
and employee representatives—
(i) immediately after the State is notified of a cur-
rent or projected permanent closure or mass layoff; or
(ii) in the case of a disaster, immediately after the
State is made aware of mass job dislocation as a result
of such disaster;
(B) the provision of information on and access to avail-
able employment and training activities;
(C) assistance in establishing a labor-management com-
mittee, voluntarily agreed to by labor and management,
with the ability to devise and implement a strategy for as-
sessing the employment and training needs of dislocated
workers and obtaining services to meet such needs;
(D) the provision of emergency assistance adapted to the
particular closure, layoff, or disaster; and
(E) the provision of assistance to the local community in
developing a coordinated response and in obtaining access
to State economic development assistance.
ø(52)¿ (59) RECOGNIZED POSTSECONDARY CREDENTIAL.—The
term ‘‘recognized postsecondary credential’’ means a credential
consisting of an industry-recognized certificate or certification,
a certificate of completion of an apprenticeship, a license recog-
nized by the State involved or Federal Government, or an asso-
ciate or baccalaureate degree.
ø(53)¿ (60) REGION.—The term ‘‘region’’, used without fur-
ther description, means a region identified under section
106(a), subject to section 107(c)(4)(B)(i) and except as provided
in section 106(b)(1)(B)(ii).
ø(54) SCHOOL DROPOUT.—The term ‘‘school dropout’’ means
an individual who is no longer attending any school and who
has not received a secondary school diploma or its recognized
equivalent.¿
ø(55)¿ (61) SECONDARY SCHOOL.—The term ‘‘secondary
school’’ has the meaning given the term in section 8101 of the
Elementaryand Secondary Education Act of 1965.
ø(56)¿ (62) STATE.—The term ‘‘State’’ means each of the sev-
eral States of the United States, the District of Columbia, and
øthe Commonwealth of¿ Puerto Rico.
ø(57)¿ (63) STATE BOARD.—The term ‘‘State board’’ means a
State workforce development board established under section
101.
ø(58)¿ (64) STATE PLAN.—The term ‘‘State plan’’, used with-
out further description, means a unified State plan under sec-
tion 102 or a combined State plan under section 103.
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135
ø(59) SUPPORTIVE SERVICES.—The term ‘‘supportive services’’
means services such as transportation, child care, dependent
care, housing, and needs-related payments, that are necessary
to enable an individual to participate in activities authorized
under this Act.¿
(65) SUPPORTIVE SERVICES.—The term ‘‘supportive services’’
means services such as transportation, child care, dependent
care, housing, food and nutrition services, mental health care
supports, substance use disorder treatment, access to
broadband, affordable internet connection, or digital devices
with connection to the internet, assistive technology, and needs-
related payments, that are necessary to enable an individual to
participate in workforce development activities.
ø(60)¿ (66) TRAINING SERVICES.—The term ‘‘training services’’
means services described in section 134(c)(3).
ø(61)¿ (67) UNEMPLOYED INDIVIDUAL.—The term ‘‘unem-
ployed individual’’ means an individual who is without a job
and who wants and is available for work. The determination
of whether an individual is without a job, for purposes of this
paragraph, shall be made in accordance with the criteria used
by the Bureau of Labor Statistics of the Department of Labor
in defining individuals as unemployed.
ø(62)¿ (68) UNIT OF GENERAL LOCAL GOVERNMENT.—The
term ‘‘unit of general local government’’ means any general
purpose political subdivision of a State that has the power to
levy taxes and spend funds, as well as general corporate and
police powers.
ø(63)¿ (69) VETERAN; RELATED DEFINITION.—
(A) VETERAN.—The term ‘‘veteran’’ has the meaning
given the term in section 101 of title 38, United States
Code.
(B) RECENTLY SEPARATED VETERAN.—The term ‘‘recently
separated veteran’’ means any veteran who applies for par-
ticipation under this Act within 48 months after the dis-
charge or release from active military, naval, or air serv-
ice.
ø(64)¿ (70) VOCATIONAL REHABILITATION PROGRAM.—The
term ‘‘vocational rehabilitation program’’ means a program au-
thorized under a provision covered under paragraph (13)(D).
(71) WORK-BASED LEARNING.—The term ‘‘work-based learn-
ing’’ has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
(72) WORKFORCE AGENCY.—The term ‘‘workforce agency’’
means the State agency or local agency responsible for admin-
istering workforce development activities or the workforce devel-
opment system.
ø(65)¿ (73) WORKFORCE DEVELOPMENT ACTIVITY.—The term
‘‘workforce development activity’’ means an activity carried out
through a workforce development program.
ø(66)¿ (74) WORKFORCE DEVELOPMENT PROGRAM.—The term
‘‘workforce development program’’ means a program made
available through a workforce development system.
ø(67)¿ (75) WORKFORCE DEVELOPMENT SYSTEM.—The term
‘‘workforce development system’’ means a system that makes
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136
available the core programs, the other one-stop partner pro-
grams, and any other programs providing employment and
training services as identified by a State board or local board.
ø(68)¿ (76) WORKFORCE INVESTMENT ACTIVITY.—The term
‘‘workforce investment activity’’ means an employment and
training activity, and a youth workforce investment activity.
ø(69)¿ (77) WORKFORCE PREPARATION ACTIVITIES.—The term
‘‘workforce preparation activities’’ has the meaning given the
term in section 203.
ø(70)¿ (78) WORKPLACE LEARNING ADVISOR.—The term
‘‘workplace learning advisor’’ means an individual employed by
an organization who has the knowledge and skills necessary to
advise other employees of that organization about the edu-
cation, skill development, job training, career counseling serv-
ices, and credentials, including services provided through the
workforce development system, required to progress toward ca-
reer goals of such employees in order to meet employer re-
quirements related to job openings and career advancements
that support economic self-sufficiency.
ø(71)¿ (79) YOUTH WORKFORCE INVESTMENT ACTIVITY.—The
term ‘‘youth workforce investment activity’’ means an activity
described in section 129 that is carried out for eligible youth
(or as described in section 129(a)(3)(A)).
TITLE I—WORKFORCE DEVELOPMENT
ACTIVITIES
Subtitle A—System Alignment
CHAPTER 1—STATE PROVISIONS
SEC. 101. STATE WORKFORCE DEVELOPMENT BOARDS.
(a) IN GENERAL.—The Governor of a State shall establish a State
workforce development board to carry out the functions described
in subsection (d).
(b) MEMBERSHIP.—
(1) IN GENERAL.—The State board shall include—
(A) the Governor;
(B) a member of each chamber of the State legislature
(to the extent consistent with State law), appointed by the
appropriate presiding officers of such chamber; and
(C) members appointed by the Governor, of which—
(i) a majority shall be representatives of businesses
in the State, who—
(I) are owners of businesses, chief executives or
operating officers of businesses, or other business
executives or employers with optimum policy-
making or hiring authority, and who, in addition,
may be members of a local board described in sec-
tion 107(b)(2)(A)(i);
(II) represent businesses (including small busi-
nesses), or organizations representing businesses
described in this subclause, that provide employ-
ment opportunities that, at a minimum, include
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137
high-quality, work-relevant training and develop-
ment in in-demand industry sectors or occupations
in the State; and
(III) are appointed from among individuals nom-
inated by State business organizations and busi-
ness trade associations;
(ii) not less than ø20 percent¿ 30 percent shall be
representatives of the workforce within the State,
who—
(I) shall include representatives of labor organi-
zations, who have been nominated by State labor
federations;
(II) shall include a representative, who shall be
a member of a labor organization or a training di-
rector, from a joint labor-management apprentice-
ship program, or if no such joint program exists in
the State, such a representative of an apprentice-
ship program in the State;
(III) may include representatives of community-
based organizations that have demonstrated expe-
rience and expertise in addressing the employ-
ment, training, or education needs of individuals
with barriers to employment, including organiza-
tions that serve veterans, justice-involved individ-
uals, or that provide or support competitive, inte-
grated employment for individuals with disabil-
ities; and
(IV) may include representatives of organiza-
tions that have demonstrated experience and ex-
pertise in addressing the employment, training, or
education needs of eligible youth, including rep-
resentatives of organizations that serve øout-of-
school¿ opportunity youth; and
(iii) the balance—
(I) shall include representatives of government,
who—
(aa) shall include the lead State officials
with primary responsibility for the core pro-
grams; øand¿
(bb) shall include chief elected officials (col-
lectively representing both cities and counties,
where appropriate); and
(cc) State agency officials responsible for the
daily administration of education programs in
the State, including secondary education and
adult education programs, and chief executive
officers (or their representatives) of community
colleges and other institutions of higher edu-
cation; and
(II) may include such other representatives and
officials as the Governor may designate, such as—
(aa) the State agency officials from agencies
that are one-stop partners not specified in
subclause (I) (including additional one-stop
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138
partners whose programs are covered by the
State plan, if any);
ø(bb) State agency officials responsible for
economic development or juvenile justice pro-
grams in the State;¿
(bb) State agency officials responsible for
adult or juvenile justice programs in the State;
(cc) individuals who represent an Indian
tribe or tribal organization, as such terms are
defined in section 166(b); øand¿
ø(dd) State agency officials responsible for
education programs in the State, including
chief executive officers of community colleges
and other institutions of higher education.¿
(dd) State agency officials responsible for vo-
cational rehabilitation; and
(ee) State agency officials responsible for eco-
nomic development.
(2) DIVERSE AND DISTINCT REPRESENTATION.—The members
of the State board shall represent diverse geographic areas of
the State, including urban, rural, and suburban areas, and di-
verse demographic populations of the State.
(3) NO REPRESENTATION OF MULTIPLE CATEGORIES.—No per-
son shall serve as a member for more than 1 of—
(A) the category described in paragraph (1)(C)(i); or
(B) 1 category described in a subclause of clause (ii) or
(iii) of paragraph (1)(C).
(c) CHAIRPERSON.—The Governor shall select a chairperson for
the State board from among the representatives described in sub-
section (b)(1)(C)(i).
(d) FUNCTIONS.—The State board shall assist the Governor in—
(1) the development, implementation, and modification of the
State plan;
(2) consistent with paragraph (1), the review of statewide
policies, of statewide programs, and of recommendations on ac-
tions that should be taken by the State to align workforce de-
velopment programs in the State in a manner that supports a
comprehensive and streamlined workforce development system
in the State, including the review and provision of comments
on the State plans, if any, for programs and activities of one-
stop partners that are not core programs;
(3) the development and continuous improvement of the
workforce development system in the State, including—
(A) the identification of barriers and means for removing
barriers to better coordinate, align, øand avoid duplica-
tion¿ avoid duplication, and leverage resources and exper-
tise among the programs and activities carried out through
the system;
(B) the development of strategies to support and expand
the use of career pathways for the purpose of providing in-
dividuals, including low-skilled adults, youth, and individ-
uals with barriers to employment (including individuals
with disabilities), with workforce investment activities,
education, and supportive services to øenter or retain em-
ployment¿ enter in, retain, or progress in employment;
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139
(C) the development of strategies for providing effective
and equitable outreach to and improved access for individ-
uals and employers who could benefit from services pro-
vided through the workforce development system, includ-
ing individuals with barriers to employment;
(D) the development and expansion of strategies for
meeting the needs of employers, workers, and jobseekers,
particularly through industry or sector partnerships re-
lated to in-demand industry sectors and occupations;
(E) the øidentification of¿ continued identification of and
support for regions, including planning regions, for the
purposes of section 106(a), and the designation of local
areas under section 106, after consultation with local
boards and chief elected officials;
(F) the development and continuous improvement of the
one-stop delivery system in local areas, including providing
assistance to local boards, one-stop operators, one-stop
partners, affiliated sites, and providers with planning and
delivering services, including training øservices and sup-
portive¿ services, career services, and supportive services,
to support effective delivery of services to workers, job-
seekers, and employers; and
(G) the development of strategies to support ongoing
staff training and awareness across programs supported
under the workforce development system;
(4) the development and updating of comprehensive State
performance accountability measures, including State adjusted
levels of performance, to assess the effectiveness of the core
programs in the State as required under section 116(b);
(5) the identification and dissemination of information on
best practices, including best practices for—
(A) the effective operation of one-stop øcenters, relating
to the use of business outreach, partnerships, and service
delivery strategies, including¿ centers, including the use of
evidence-based strategies for such operations, the latest in
digital technology and tools, and the use of partnerships to
expand and improve services to jobseekers and workers, in-
cluding strategies for serving individuals with barriers to
employment;
(B) local boards and one-stop centers on effective out-
reach and enhanced services to businesses, joint labor-man-
agement partnerships, industry associations, and industry
or sector partnerships, to provide employment and training
activities reflective of regional economic priorities and the
skill and competency needs of in-demand industry sectors
and occupations;
ø(B)¿ (C) the development of effective local boards,
which may include information on factors that contribute
to enabling local boards to exceed negotiated local levels of
performance, sustain fiscal integrity, and achieve other
measures of effectiveness; and
ø(C)¿ (D) effective training programs that respond to
real-time labor market analysis, that effectively use direct
assessment and prior learning assessment to measure an
individual’s prior knowledge, skills, competencies, and ex-
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140
periences, and that evaluate such skills, and competencies
for øadaptability, to¿ adaptablity to reduce the time re-
quired for attainment of a recognized postsecondary creden-
tial or reskilling, and support efficient placement into em-
ployment or career pathways;
(6) the development and review of statewide policies affect-
ing the coordinated provision of services through the State’s
one-stop delivery system described in section 121(e), including
the development of—
(A) objective criteria and procedures for use by local
boards in assessing the effectiveness and continuous im-
provement of one-stop centers described in such section;
(B) guidance for the allocation of one-stop center infra-
structure funds under section 121(h); and
(C) policies relating to the appropriate roles and con-
tributions of entities carrying out one-stop partner pro-
grams within the one-stop delivery system, including ap-
proaches to facilitating equitable and efficient cost alloca-
tion in such system;
(7) the development of strategies for øtechnological improve-
ments to facilitate access¿ improvements in the use of digital
technology to facilitate and expand access to, and improve the
quality of, services and activities provided through the one-stop
delivery system, including such improvements to—
(A) enhance digital literacy skills (as defined in section
202 of the Museum and Library Services Act (20 U.S.C.
9101); referred to in this Act as ‘‘digital literacy skills’’);
ø(B) accelerate the acquisition of skills and recognized
postsecondary credentials by participants;
ø(C) strengthen the professional development of pro-
viders and workforce professionals; and¿
(B) accelerate—
(i) the acquisition of skills, competencies, and recog-
nized postsecondary credentials by participants with
respect to an in-demand industry sector or occupation
in a State or local area; and
(ii) the matching of participants to career pathways
and employment opportunities based on the skills, com-
petencies, and recognized postsecondary credentials at-
tained by such participants;
(C) strengthen the professional development of providers
and workforce professionals, ensuring professional develop-
ment activities include—
(i) trauma-informed practices and human-centered
design that serve individuals with barriers to employ-
ment;
(ii) preparing providers and workforce professionals
to use the latest technology;
(iii) accessing and understanding labor market data;
and
(iv) ensuring equitable access and service delivery for
individuals who have been historically underserved,
marginalized, and adversely affected as a result of
race, ethnicity, or gender, including training on cus-
tomer-centered service delivery, racial bias, cultural
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141
competence, occupational stereotyping, and strategies
for increasing participant and worker voices; and
(D) ensure such technology is accessible to individuals
øwith disabilities and individuals¿ with barriers to employ-
ment, including individuals with disabilities, and to indi-
viduals residing in remote areas;
(8) the development of strategies for aligning technology and
data systems across one-stop partner programs to enhance
service delivery and improve efficiencies in reporting on per-
formance accountability measures (including the design and
implementation of common intake, data collection, case man-
agement information, and performance accountability measure-
ment and reporting processes and the incorporation of local
input into such design and implementation, to improve coordi-
nation of services across one-stop partner programs);
(9) the development of allocation formulas for the distribu-
tion of funds for employment and training activities for adults,
and youth workforce investment activities, to local areas as
permitted under sections 128(b)(3) and 133(b)(3);
(10) the preparation of the annual reports described in para-
graphs (1) and (2) of section 116(d);
(11) the development of the statewide workforce and labor
market information system described in section 15(e) of the
Wagner-Peyser Act (29 U.S.C. 49l-2(e)); and
(12) the development of such other policies as may promote
statewide objectives for, and enhance the performance of, the
workforce development system in the State.
(e) ALTERNATIVE ENTITY.—
(1) IN GENERAL.—For the purposes of complying with sub-
sections (a), (b), and (c), a State may use any State entity (in-
cluding a State council, State workforce development board
(within the meaning of the Workforce Investment Act of 1998,
as in effect on the day before the date of enactment of this
Act), combination of regional workforce development boards, or
similar entity) that—
(A) was in existence on the day before the date of enact-
ment of the Workforce Investment Act of 1998;
(B) is substantially similar to the State board described
in subsections (a) through (c); and
(C) includes representatives of business in the State and
representatives of labor organizations in the State.
(2) REFERENCES.—A reference in this Act, or a core program
provision that is not in this Act, to a State board shall be con-
sidered to include such an entity.
(f) CONFLICT OF INTEREST.—A member of a State board may
not—
(1) vote on a matter under consideration by the State
board—
(A) regarding the provision of services by such member
(or by an entity that such member represents); or
(B) that would provide direct financial benefit to such
member or the immediate family of such member; or
(2) engage in any other activity determined by the Governor
to constitute a conflict of interest as specified in the State plan.
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142
(g) SUNSHINE PROVISION.—The State board shall make available
to the public, on a regular basis through electronic means and open
meetings, information regarding the activities of the State board,
including information regarding the State plan, or a modification
to the State plan, prior to submission of the plan or modification
of the plan, respectively, information regarding membership, and,
on request, minutes of formal meetings of the State board.
(h) AUTHORITY TO HIRE STAFF.—
(1) IN GENERAL.—The State board may hire a director and
other staff to assist in carrying out the functions described in
subsection (d) using funds available as described in section
129(b)(3) or 134(a)(3)(B)(i).
(2) QUALIFICATIONS.—The State board shall establish and
apply a set of objective qualifications for the position of direc-
tor, that ensures that the individual selected has the requisite
knowledge, skills, and abilities, to meet identified benchmarks
and to assist in effectively carrying out the functions of the
State board.
(3) LIMITATION ON RATE.—The director and staff described in
paragraph (1) shall be subject to the limitations on the pay-
ment of salary and bonuses described in section 194(15).
SEC. 102. UNIFIED STATE PLAN.
(a) PLAN.—For a State to be eligible to receive allotments for the
core programs, the Governor shall submit to the Secretary of Labor
for the approval process described under subsection (c)(2), a unified
State plan. The unified State plan shall outline a 4-year strategy
for the core programs of the State and meet the requirements of
this section.
(b) CONTENTS.—
ø(1) STRATEGIC PLANNING ELEMENTS.—The unified State
plan shall include strategic planning elements consisting of a
strategic vision and goals for preparing an educated and
skilled workforce, that include—
ø(A) an analysis of the economic conditions in the State,
including—
ø(i) existing and emerging in-demand industry sec-
tors and occupations; and
ø(ii) the employment needs of employers, including
a description of the knowledge, skills, and abilities,
needed in those industries and occupations;
ø(B) an analysis of the current workforce, employment
and unemployment data, labor market trends, and the
educational and skill levels of the workforce, including in-
dividuals with barriers to employment (including individ-
uals with disabilities), in the State;
ø(C) an analysis of the workforce development activities
(including education and training) in the State, including
an analysis of the strengths and weaknesses of such activi-
ties, and the capacity of State entities to provide such ac-
tivities, in order to address the identified education and
skill needs of the workforce and the employment needs of
employers in the State;
ø(D) a description of the State’s strategic vision and
goals for preparing an educated and skilled workforce (in-
cluding preparing youth and individuals with barriers to
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143
employment) and for meeting the skilled workforce needs
of employers, including goals relating to performance ac-
countability measures based on primary indicators of per-
formance described in section 116(b)(2)(A), in order to sup-
port economic growth and economic self-sufficiency, and of
how the State will assess the overall effectiveness of the
workforce investment system in the State; and
ø(E) taking into account analyses described in subpara-
graphs (A) through (C), a strategy for aligning the core
programs, as well as other resources available to the State,
to achieve the strategic vision and goals described in sub-
paragraph (D).¿
(1) STRATEGIC PLANNING ELEMENTS.—The unified State plan
shall include strategic planning elements consisting of a stra-
tegic vision and goals for preparing an educated and skilled
workforce, that include—
(A) a summary and conclusions of analysis conducted of
the economic conditions in the State using labor market in-
formation, including—
(i) existing and emerging in-demand industry sectors
and occupations;
(ii) the industry or sector partnerships within the
State and the opportunities for expansion of such part-
nerships to support sector-specific initiatives;
(iii) projected industries or sectors within the State
expected to decline or face significant changes in em-
ployment opportunities; and
(iv) the employment needs of employers, including a
description of the knowledge, skills, competencies, and
abilities currently needed and projected to be needed,
in those industries and occupations;
(B) a summary and conclusions of analysis conducted of
the current workforce using labor market information, em-
ployment and unemployment data, labor market trends,
and the educational and skill levels of the workforce, in-
cluding individuals with barriers to employment, in the
State;
(C) an analysis of the workforce development activities
(including supportive services, career services, education,
and training) in the State, in coordination with the Per-
kins-eligible agency in the State, in order to address the
identified education and skill needs of the workforce and
the employment needs of employers in the State, includ-
ing—
(i) an analysis of the strengths and weaknesses of
such activities;
(ii) the capacity of State entities to provide such ac-
tivities that meet the specific needs of youth, including
opportunity youth, and individuals with barriers to
employment;
(iii) an analysis of educational, skill, and competency
levels of individuals served by the workforce system as
compared to such levels required to address the em-
ployment needs in the State; and
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144
(iv) an analysis of the career pathways offered within
the State, including an analysis of how such pathways
are aligned to the education and training needs of the
current and future workforce within the State, and the
development and expansion of career pathways to meet
current and future workforce needs;
(D) a description of—
(i) the State’s strategic vision and goals for preparing
an educated and skilled workforce, including preparing
youth (including opportunity youth), and individuals
with barriers to employment and for meeting the
skilled workforce needs of employers (including in ex-
isting and emerging in-demand industry sectors and
occupations as identified by the State), and goals of the
State relating to performance accountability measures
based on primary indicators of performance described
in section 116(b)(2)(A), in order to support economic
growth and economic self-sufficiency;
(ii) how the State will assess the overall effectiveness
of the workforce investment system in the State;
(iii) the career pathways offered within the State, in-
cluding an analysis of how such pathways are aligned
to the education and training needs of the current and
future workforce within the State, and the development
and expansion of career pathways to meet current and
future workforce needs; and
(iv) how the State will work with local areas to
achieve equitable service delivery and outcomes for in-
dividuals with barriers to employment, including em-
ployment and earnings outcomes by applying the infor-
mation provided in the State equity report, for such
State under section 116(f);
(E) a description of strategies the State intends to adopt
to achieve the vision and each goal described in subpara-
graph (D) through—
(i) joint planning, alignment, coordination, and
leveraging of funds between—
(I) core programs under this Act; and
(II) other Federal programs, as determined ap-
propriate by the State, such as—
(aa) programs and activities under the Carl
D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2301 et seq.);
(bb) programs under the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.);
(cc) programs under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.);
(dd) programs under the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.);
(ee) apprenticeship programs; and
(ff) the Medicaid program under title XIX of
the Social Security Act (42 U.S.C. 1396 et
seq.); and
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145
(ii) the provision of information about access to
available State assistance or assistance under related
Federal programs, including such assistance under—
(I) section 6(d) of the Food and Nutrition Act of
2008 (7 U.S.C. 2015(d));
(II) section 3672(c)(1) of title 38, United States
Code;
(III) section 231 of the Second Chance Act of
2007 (34 U.S.C. 60541); and
(IV) the State Temporary Assistance for Needy
Families programs under part A of title IV of the
Social Security Act.
(2) PLAN DEVELOPMENT.—
(A) IN GENERAL.—The Governor and State board shall—
(i) develop the unified State plan in consultation
with—
(I) representatives of local boards and chief elect-
ed officials;
(II) the community colleges in the State;
(III) eligible providers of training services, in-
cluding eligible providers of nontraditional train-
ing services and eligible providers of apprentice-
ship programs and pre-apprenticeship programs,
and eligible providers of on-the-job training, cus-
tomized training, incumbent worker training, in-
ternships, paid or unpaid work experience opportu-
nities, or transitional jobs, secondary schools and
institutions of higher education (including institu-
tions offering career and technical education pro-
grams, minority-serving institutions, and histori-
cally Black colleges and universities), and pro-
viders of supported employment services;
(IV) interested community representatives, in-
cluding community-based organizations;
(V) individuals with barriers to employment or
organizations representing such individuals;
(VI) representatives of business and industry, in-
cluding representatives of small business and rep-
resentatives of industry and sector partnerships in
the State;
(VII) representatives of labor organizations and
joint labor-management organizations in the State;
(VIII) representatives of agencies serving oppor-
tunity youth, and homeless children and youth, in-
cluding the State Coordinator for Education of
Homeless Children and Youths established or des-
ignated under section 722(d)(3) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C.
11432(d)(3));
(IX) representatives of Indian tribes and tribal
organizations located in, or providing services in,
the State;
(X) representatives of the Perkins-eligible agency;
(XI) representatives of the adult education and
literacy community; and
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146
(XII) other primary stakeholders; and
(ii) consult the heads of other State agencies with re-
spect to the development of the unified State plan, in-
cluding the State designated unit under subparagraph
(A) of section 101(a)(11) of the Rehabilitation Act of
1973.
(B) PUBLIC COMMENT.—
(i) WRITTEN COMMENTS.—Not less than 60 days prior
to submission of the unified State plan, the Governor
shall provide stakeholders described in subparagraph
(A)(i) with the opportunity to provide written comments
on the unified State plan that shall—
(I) be included in the final unified State plan;
and
(II) include comments on whether and how the
unified State plan—
(aa) meets the requirements of this Act;
(bb) supports the improvement of perform-
ance of individuals with barriers to employ-
ment;
(cc) supports the employment needs of the
State (including the business community,
labor organizations, education and training
providers, and other relevant parties), includ-
ing in the design and content of the training,
work experience, career exploration, on-the-job
training, and other career and training activi-
ties (including information related to employ-
ment opportunities, wage rates, benefits, career
pathways, and in-demand industry sectors
and occupations); and
(dd) takes into account collective bargaining
agreements that include training or subsidized
employment, including how the elements of
such training or employment may affect the
bargaining agreement (such as wages, bene-
fits, and other factors).
(ii) STATE WORKFORCE AGENCY RESPONSE.—Each
unified State plan shall include a written response to
the comments provided by stakeholders under clause
(i).
ø(2)¿ (3) OPERATIONAL PLANNING ELEMENTS.—
(A) IN GENERAL.—The unified State plan shall include
the operational planning elements contained in this para-
graph, which shall support the strategy described in para-
graph (1)(E), including a description of how the State
board will implement the functions under section 101(d).
(B) IMPLEMENTATION OF STATE STRATEGY.—The unified
State plan shall describe how the lead State agency with
responsibility for the administration of a core program will
implement the strategy described in paragraph (1)(E), in-
cluding a description of—
(i) the activities that will be funded by the entities
carrying out the respective core programs to imple-
ment the strategy and how such activities will be
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147
aligned across the programs and among the entities
administering the programs, including using co-enroll-
ment and other strategies;
(ii) how the activities described in clause (i) will be
aligned with activities provided under employment,
training, education, including career and technical
education, and human services programs not covered
by the plan, as appropriate, assuring coordination of,
and avoiding duplication among, the activities referred
to in this clause;
(iii) how the entities carrying out the respective core
programs will coordinate activities and provide com-
prehensive, high-quality services including supportive
services, to individuals;
(iv) how the State’s strategy will engage the State’s
community øcolleges and area career and technical
education schools¿ colleges, secondary schools and area
career and technical education schools, and adult edu-
cation providers under title II as partners in the work-
force development system and enable the State to le-
verage other Federal, State, and local investments
that have enhanced access to workforce development
programs at those institutions;
(v) how the activities described in clause (i) will be
coordinated with economic development strategies and
activities in the State; øand¿
ø(vi) how the State’s strategy will improve access to
activities leading to a recognized postsecondary cre-
dential (including a credential that is an industry-rec-
ognized certificate or certification, portable, and
stackable).¿
(vi) how the State’s strategy will—
(I) improve access to activities leading to a recog-
nized postsecondary credential (including creden-
tials that are portable, stackable, and aligned to
high-skill, high-wage, or in-demand industry sec-
tors and occupations); and
(II) assess and validate the skills and com-
petencies of such credentials and alignment to new
or existing career pathways; and
(vii) how the State will work with local areas to
achieve equitable service delivery and outcomes for in-
dividuals with barriers to employment by applying the
information provided in the State equity report for
such State under section 116(f).
(C) STATE OPERATING SYSTEMS AND POLICIES.—The uni-
fied State plan shall describe the State operating systems
and policies that will support the implementation of the
strategy described in paragraph (1)(E), including a descrip-
tion of—
(i) the State board, including the activities to assist
members of the State board and the staff of such
board in carrying out the functions of the State board
effectively (but funds for such activities may not be
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148
used for long-distance travel expenses for training or
development activities available locally or regionally);
(ii)(I) how the respective core programs will be as-
sessed each year, including an assessment of the qual-
ity, effectiveness, and improvement of programs (ana-
lyzed by local area, or by provider), based on State
performance accountability measures described in sec-
tion 116(b); and
(II) how other one-stop partner programs will be as-
sessed each year;
(iii) the results of an assessment of the effectiveness
of the core programs and other one-stop partner pro-
grams during the preceding 2-year period;
(iv) the methods and factors the State will use in
distributing funds under the core programs, in accord-
ance with the provisions authorizing such distribu-
tions;
(v)(I) how the lead State agencies with responsibility
for the administration of the core programs will align
and integrate available workforce and education data
on core programs, unemployment insurance programs,
and education through postsecondary education;
(II) how such agencies will use the workforce devel-
opment system to assess the progress of participants
that are exiting from core programs in entering, per-
sisting in, and completing postsecondary education, or
entering or remaining in employment; and
(III) the privacy safeguards incorporated in such
system, including safeguards required by section 444
of the General Education Provisions Act (20 U.S.C.
1232g) and other applicable Federal laws;
(vi) how the State will implement the priority of
service provisions for veterans in accordance with the
requirements of section 4215 of title 38, United States
Code;
(vii) how the one-stop delivery system, including
one-stop operators and the one-stop partners, will
comply with section 188, if applicable, and applicable
provisions of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), regarding the physical
and programmatic accessibility of facilities, programs,
services, technology, and materials, for individuals
with disabilities, including complying through pro-
viding staff training and support for addressing the
needs of individuals with disabilities; and
(viii) such other operational planning elements as
the Secretary of Labor or the Secretary of Education,
as appropriate, determines to be necessary for effec-
tive State operating systems and policies.
(D) PROGRAM-SPECIFIC REQUIREMENTS.—The unified
State plan shall include—
(i) with respect to activities carried out under sub-
title B, a description of—
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149
(I) State policies or guidance, for the statewide
workforce development system and for use of
State funds for workforce investment activities;
(II) the local areas designated in the State, in-
cluding the process used for designating local
areas, and the process used for identifying any
planning regions under section 106(a), including a
description of how the State consulted with the
ølocal boards and chief elected officials in deter-
mining the planning regions¿ State economic de-
velopment agency to support alignment to the ex-
tent practicable, local boards and chief elected offi-
cials in determining the planning regions and
work of such regions;
(III) the appeals process referred to in section
106(b)(6), relating to designation of local areas;
(IV) the appeals process referred to in section
121(h)(2)(E), relating to determinations for infra-
structure funding; and
(V) with respect to youth workforce investment
activities authorized in section 129, information
identifying the criteria to be used by local boards
in awarding grants for youth workforce invest-
ment activities and describing how the local
boards will take into consideration the ability of
the providers to meet performance accountability
measures based on primary indicators of perform-
ance for the youth program as described in section
116(b)(2)(A)(ii) in awarding such grants;
(ii) with respect to activities carried out under title
II, a description of—
(I) how the eligible agency will, if applicable,
align content standards for adult education with
challenging State academic standards, as adopted
under section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6311(b)(1));
(II) how the State will fund local activities using
considerations specified in section 231(e) for—
(aa) activities under section 231(b);
(bb) programs for corrections education
under section 225;
(cc) programs for integrated English literacy
and civics education under section 243; and
(dd) integrated education and training;
(III) how the State will use the funds to carry
out activities under section 223;
(IV) how the State will use the funds to carry
out activities under section 243;
(V) how the eligible agency will assess the qual-
ity of providers of adult education and literacy ac-
tivities under title II and take actions to improve
such quality, including providing the activities de-
scribed in section 223(a)(1)(B); and
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(VI) how the eligible agency will promote the
professionalization of adult education through the
adoption of full-time staffing models, including, at
the eligible agency’s discretion, how the eligible
agency will give funding priority to local providers
that have adopted such models;
(iii) with respect to programs carried out under title
I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.), other than section 112 or part C of that title (29
U.S.C. 732, 741), the information described in section
101(a) of that Act (29 U.S.C. 721(a)); and
(iv) information on such additional specific require-
ments for a program referenced in any of clauses (i)
through (iii) or the Wagner-Peyser Act (29 U.S.C. 49
et seq.) as the Secretary of Labor determines to be
necessary to administer that program but cannot rea-
sonably be applied across all such programs.
(E) ASSURANCES.—The unified State plan shall include
assurances—
(i) that the State has established a policy identifying
circumstances that may present a conflict of interest
for a State board or local board member, or the entity
or class of officials that the member represents, and
procedures to resolve such conflicts;
(ii) that the State has established a policy to provide
to the public (including individuals with disabilities)
access to meetings of State boards and local boards,
and information regarding activities of State boards
and local boards, such as data on board membership
and minutes;
(iii)(I) that the lead State agencies with responsi-
bility for the administration of core programs reviewed
and commented on the appropriate operational plan-
ning elements of the unified State plan, and approved
the elements as serving the needs of the populations
served by such programs, ensuring that services and
resources are accessible throughout the State and local
areas, including in urban, rural and suburban areas;
and
ø(II) that the State obtained input into the develop-
ment of the unified State plan and provided an oppor-
tunity for comment on the plan by representatives of
local boards and chief elected officials, businesses,
labor organizations, institutions of higher education,
other primary stakeholders, and the general public
and that the unified State plan is available and acces-
sible to the general public;¿
(II) that the State obtained input into the develop-
ment of the unified State plan and provided an oppor-
tunity for comment on the plan by the individuals list-
ed in subsection (b)(2)(A)(i), and that the unified State
plan is published on a publicly accessible website;
(iv) that the State has established, in accordance
with section 116(i), fiscal control and fund accounting
procedures that may be necessary to ensure the proper
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151
disbursement of, and accounting for, funds paid to the
State through allotments made for adult, dislocated
worker, and youth programs to carry out workforce in-
vestment activities under chapters 2 and 3 of subtitle
B;
(v) that the State has taken appropriate action to se-
cure compliance with uniform administrative require-
ments in this Act, including that the State will annu-
ally monitor local areas to ensure compliance and oth-
erwise take appropriate action to secure compliance
with the uniform administrative requirements under
section 184(a)(3);
(vi) that the State has taken the appropriate action
to be in compliance with section 188, if applicable;
(vii) that the Federal funds received to carry out a
core program will not be expended for any purpose
other than for activities authorized with respect to
such funds under that core program;
(viii) that the eligible agency under title II will—
(I) expend the funds appropriated to carry out
that title only in a manner consistent with fiscal
requirements under section 241(a) (regarding sup-
plement and not supplant provisions); and
(II) ensure that there is at least 1 eligible pro-
vider serving each local area;
(ix) that the State will pay an appropriate share (as
defined by the State board) of the costs of carrying out
section 116, from funds made available through each
of the core programs; øand¿
(x) regarding such other matters as the Secretary of
Labor or the Secretary of Education, as appropriate,
determines to be necessary for the administration of
the core programsø.¿;
(xi) that the employment services authorized under
sections 1 through 13 of the Wagner-Peyser Act (29
U.S.C. 49 et seq.) are performed by public employees
under a merit system; and
(xii) that the State will not prohibit self-attestation
in a manner consistent with section 402A(e) of the
Higher Education Act of 1965 (20 U.S.C. 1070a–11(e))
as a means for determining eligibility for a program or
service under this Act of any individual who is so self-
attesting.
ø(3)¿ (4) EXISTING ANALYSIS.—As appropriate, a State may
use an existing analysis in order to carry out the requirements
of paragraph (1) concerning an analysis.
(c) PLAN SUBMISSION AND APPROVAL.—
(1) SUBMISSION.—
(A) INITIAL PLAN.—The initial unified State plan under
this section (after the date of enactment of øthe Workforce
Innovation and Opportunity Act¿ the Workforce Innovation
and Opportunity Act of 2022) shall be submitted to the
Secretary of Labor not later than 120 days prior to the
commencement of the second full program year after the
date of enactment of this Act.
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152
(B) SUBSEQUENT PLANS.—Except as provided in subpara-
graph (A), a unified State plan shall be submitted to the
Secretary of Labor not later than 120 days prior to the end
of the 4-year period covered by the preceding unified State
plan.
(2) SUBMISSION AND APPROVAL.—
(A) SUBMISSION.—In approving a unified State plan
under this section, the Secretary shall submit the portion
of the unified State plan covering a program or activity to
the head of the Federal agency that administers the pro-
gram or activity for the approval of such portion by such
head.
(B) APPROVAL.—A unified State plan shall be subject to
the approval of both the Secretary of Labor and the Sec-
retary of Education, after approval of the Commissioner of
the Rehabilitation Services Administration for the portion
of the plan described in subsection (b)(2)(D)(iii). The plan
shall be considered to be approved at the end of the 90-day
period beginning on the day the plan is submitted, unless
the Secretary of Labor or the Secretary of Education
makes a written determination, during the 90-day period,
that the plan is inconsistent with the provisions of this
section or the provisions authorizing the core programs, as
appropriate.
(3) MODIFICATIONS.—
(A) MODIFICATIONS.—At the end of the first 2-year pe-
riod of any 4-year unified State plan, the State board shall
review the unified State plan, and the Governor shall sub-
mit modifications to the plan to reflect changes in labor
market and economic conditions or in other factors affect-
ing the implementation of the unified State plan.
(B) APPROVAL.—A modified unified State plan submitted
for the review required under subparagraph (A) shall be
subject to the approval requirements described in para-
graph (2). A Governor may submit a modified unified State
plan at such other times as the Governor determines to be
appropriate, and such modified unified State plan shall
also be subject to the approval requirements described in
paragraph (2).
ø(4) EARLY IMPLEMENTERS.—The Secretary of Labor, in con-
junction with the Secretary of Education, shall establish a
process for approving and may approve unified State plans
that meet the requirements of this section and are submitted
to cover periods commencing prior to the second full program
year described in paragraph (1)(A).¿
SEC. 103. COMBINED STATE PLAN.
(a) IN GENERAL.—
(1) AUTHORITY TO SUBMIT PLAN.—A State may develop and
submit to the appropriate Secretaries a combined State plan
for the core programs and 1 or more of the programs and ac-
tivities described in paragraph (2) in lieu of submitting 2 or
more plans, for the programs and activities and the core pro-
grams.
(2) PROGRAMS.—The programs and activities referred to in
paragraph (1) are as follows:
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153
(A) Career and technical education programs authorized
under the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2301 et seq.).
(B) Programs authorized under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.).
(C) Programs authorized under section 6(d)(4) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)).
(D) Work programs authorized under section 6(o) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2015(o)).
(E) Activities authorized under chapter 2 of title II of the
Trade Act of 1974 (19 U.S.C. 2271 et seq.).
(F) Activities authorized under chapter 41 of title 38,
United States Code.
(G) Programs authorized under State unemployment
compensation laws (in accordance with applicable Federal
law).
(H) Programs authorized under title V of the Older
Americans Act of 1965 (42 U.S.C. 3056 et seq.).
(I) Employment and training activities carried out by the
Department of Housing and Urban Development.
(J) Employment and training activities carried out under
the Community Services Block Grant Act (42 U.S.C. 9901
et seq.).
(K) Programs authorized under section 212 of the Second
Chance Act of 2007 (42 U.S.C. 17532).
(L) State Apprenticeship Agencies, as applicable.
(b) REQUIREMENTS.—
(1) IN GENERAL.—The portion of a combined plan covering
the core programs shall be subject to the requirements of sec-
tion 102 (including section 102(c)(3)). The portion of such plan
covering a program or activity described in subsection (a)(2)
shall be subject to the requirements, if any, applicable to a
plan or application for assistance for that program or activity,
under the Federal law authorizing the program or activity. At
the election of the State, section 102(c)(3) may apply to that
portion.
(2) ADDITIONAL SUBMISSION NOT REQUIRED.—A State that
submits a combined plan that is approved under subsection (c)
shall not be required to submit any other plan or application
in order to receive Federal funds to carry out the core pro-
grams or the program or activities described in subsection
(a)(2) that are covered by the combined plan.
(3) COORDINATION.—A combined plan shall include—
(A) a description of the methods used for joint planning
and coordination of the core programs and the other pro-
grams and activities covered by the combined plan; and
(B) an assurance that the methods included an oppor-
tunity for the entities responsible for planning or admin-
istering the core programs and the other programs and ac-
tivities to review and comment on all portions of the com-
bined plan.
(c) APPROVAL BY THE APPROPRIATE SECRETARIES.—
(1) JURISDICTION.—The appropriate Secretary shall have the
authority to approve the corresponding portion of a combined
plan as described in subsection (d). On the approval of the ap-
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154
propriate Secretary, that portion of the combined plan, cov-
ering a program or activity, shall be implemented by the State
pursuant to that portion of the combined plan, and the Federal
law authorizing the program or activity.
(2) APPROVAL OF CORE PROGRAMS.—No portion of the plan re-
lating to a core program shall be implemented until the appro-
priate Secretary approves the corresponding portions of the
plan for all core programs.
(3) TIMING OF APPROVAL.—
(A) IN GENERAL.—Except as provided in subparagraphs
(B) and (C), a portion of the combined State plan covering
the core programs or a program or activity described in
subsection (a)(2) shall be considered to be approved by the
appropriate Secretary at the end of the 90-day period be-
ginning on the day the plan is submitted.
(B) PLAN APPROVED BY 3 OR MORE APPROPRIATE SECRE-
TARIES.—If an appropriate Secretary other than the Sec-
retary of Labor or the Secretary of Education has author-
ity to approve a portion of a combined plan, that portion
of the combined plan shall be considered to be approved by
the appropriate Secretary at the end of the 120-day period
beginning on the day the plan is submitted.
(C) DISAPPROVAL.—The portion shall not be considered
to be approved if the appropriate Secretary makes a writ-
ten determination, during the 90-day period (or the 120-
day period, for an appropriate Secretary covered by sub-
paragraph (B)), that the portion is not consistent with the
requirements of the Federal law authorizing or applicable
to the program or activity involved, including the criteria
for approval of a plan or application, if any, under such
law, or the plan is not consistent with the requirements of
this section.
(4) SPECIAL RULE.—In paragraph (3), the term ‘‘criteria for
approval of a plan or application’’, with respect to a State and
a core program or a program under the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.),
includes a requirement for agreement between the State and
the appropriate Secretaries regarding State performance meas-
ures or State performance accountability measures, as the case
may be, including levels of performance.
(d) APPROPRIATE SECRETARY.—In this section, the term ‘‘appro-
priate Secretary’’ means—
(1) with respect to the portion of a combined plan relating to
any of the core programs (including a description, and an as-
surance concerning that program, specified in subsection
(b)(3)), the Secretary of Labor and the Secretary of Education;
and
(2) with respect to the portion of a combined plan relating to
a program or activity described in subsection (a)(2) (including
a description, and an assurance concerning that program or ac-
tivity, specified in subsection (b)(3)), the head of the Federal
agency who exercises plan or application approval authority for
the program or activity under the Federal law authorizing the
program or activity, or, if there are no planning or application
requirements for such program or activity, exercises adminis-
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155
trative authority over the program or activity under that Fed-
eral law.
CHAPTER 2—LOCAL PROVISIONS
SEC. 106. WORKFORCE DEVELOPMENT AREAS.
(a) REGIONS.—
(1) IDENTIFICATION.—Before the second full program year
after the date of enactment of øthis Act¿ the Workforce Innova-
tion and Opportunity Act of 2022, in order for a State to re-
ceive an allotment under section 127(b) or 132(b) and as part
of the process for developing the State plan, a State shall iden-
tify regions in the State after consultation with the local
boards, the State economic development agency, the State ap-
prenticeship agency, as applicable, and chief elected officials in
the local areas and consistent with the considerations de-
scribed in subsection (b)(1)(B).
(2) TYPES OF REGIONS.—For purposes of this Act, the State
shall identify—
(A) which regions are comprised of 1 local area that is
aligned with the region;
(B) which regions are comprised of 2 or more local areas
that are (collectively) aligned with the region (referred to
as planning regions, consistent with section 3); and
(C) which, of the regions described in subparagraph (B),
are interstate areas contained within 2 or more States,
and consist of labor market areas, economic development
areas, or other appropriate contiguous subareas of those
States.
(b) LOCAL AREAS.—
(1) IN GENERAL.—
(A) PROCESS.—Except as provided in subsection (d), and
consistent with paragraphs (2) and (3), in order for a State
to receive an allotment under section 127(b) or 132(b), the
Governor of the State shall designate local workforce de-
velopment areas within the State—
(i) through consultation with the State board; and
ø(ii) after consultation with chief elected officials
and local boards, and after consideration of comments
received through the public comment process as de-
scribed in section 102(b)(2)(E)(iii)(II).¿
(ii) after consultation with the State economic devel-
opment agency, chief elected officials, and local boards,
and consideration of comments received through the
public comment process as described in section
102(b)(2)(E)(iii)(II).
(B) CONSIDERATIONS.—The Governor shall designate
local areas (except for those local areas described in para-
graphs (2) and (3)) based on considerations consisting of
the extent to which the areas—
(i) are consistent with labor market areas in the
State;
(ii) are consistent with regional economic develop-
ment areas in the State; øand¿
(iii) have available the Federal and non-Federal re-
sources necessary to effectively administer activities
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156
under subtitle B and other applicable provisions of
this Act, including whether the areas have the appro-
priate education and training providers, such as insti-
tutions of øhigher education and¿ higher education,
area career and technical education schoolsø.¿, and
apprenticeship and pre-apprenticeship programs; and
(iv) improve service delivery and efficiency under the
workforce development system, and provide for suffi-
cient access to comprehensive one-stop centers and af-
filiated sites.
(C) CONSULTATIONS.—The State economic development
agency, chief elected officials, and local boards shall pro-
vide such consultations as requested by the Governor in a
timely manner.
ø(2) INITIAL DESIGNATION.—During the first 2 full program
years following the date of enactment of this Act, the Governor
shall approve a request for initial designation as a local area
from any area that was designated as a local area for purposes
of the Workforce Investment Act of 1998 for the 2-year period
preceding the date of enactment of this Act, performed success-
fully, and sustained fiscal integrity.¿
(2) INITIAL DESIGNATION.—During the first 2 full program
years following the date of enactment of the Workforce Innova-
tion and Opportunity Act of 2022, the Governor shall approve
a request for initial designation as a local area from any area
that—
(A) was designated as a local area for purposes of this
Act for the 2-year period preceding the date of enactment of
the Workforce Innovation and Opportunity Act of 2022;
(B) performed successfully; and
(C) sustained fiscal integrity.
(3) SUBSEQUENT DESIGNATION.—After the period for which a
local area is initially designated under paragraph (2), the Gov-
ernor shall approve a request for subsequent designation as a
local area from such local area, if such area—
(A) performed successfully;
(B) sustained fiscal integrity; and
(C) in the case of a local area in a planning region, met
the requirements described in subsection (c)(1).
(4) DESIGNATION ON RECOMMENDATION OF STATE BOARD.—
The Governor may approve a request from any unit of general
local government (including a combination of such units) for
designation of an area as a local area if the State board deter-
mines, based on the considerations described in paragraph
(1)(B), and recommends to the Governor, that such area should
be so designated. Such designation may include the combining
of areas that were designated as local areas under this sub-
section before the date of enactment of the Workforce Innovation
and Opportunity Act of 2022 within a region described in sub-
section (a), to form a new, redesignated local area under this
subsection, if all chief elected officials and local boards in the
affected areas agree to such a redesignation.
(5) AREAS SERVED BY RURAL CONCENTRATED EMPLOYMENT
PROGRAMS.—The Governor may approve, under paragraph (2)
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157
or (3), a request for designation as a local area from an area
described in section 107(c)(1)(C).
(6) APPEALS.—A unit of general local government (including
a combination of such units) or grant recipient that requests
but is not granted designation of an area as a local area under
paragraph (2) or (3) may submit an appeal to the State board
under an appeal process established in the State plan. If the
appeal does not result in such a designation, the Secretary of
Labor, after receiving a request for review from the unit or
grant recipient and on determining that the unit or grant re-
cipient was not accorded procedural rights under the appeals
process described in the State plan, as specified in section
102(b)(2)(D)(i)(III), or that the area meets the requirements of
paragraph (2) or (3), may require that the area be designated
as a local area under such paragraph.
(7) REDESIGNATION ASSISTANCE.—On the request of all of the
local areas in a planning region, the State shall provide fund-
ing from funds made available under sections 128(a) and
133(a)(1) to assist the local areas in carrying out activities to
facilitate the redesignation of the local areas to a single local
area.
(c) REGIONAL COORDINATION.—
(1) REGIONAL PLANNING.—The local boards and chief elected
officials in each planning region described in subparagraph (B)
or (C) of subsection (a)(2) shall engage in a regional planning
process that results in—
(A) the preparation of a regional plan, as described in
paragraph (2);
(B) the establishment of regional service strategies, in-
cluding use of cooperative service delivery agreements;
(C) the development and implementation of sector initia-
tives for in-demand industry sectors or occupations for the
region;
(D) the collection and analysis of regional labor market
data (in conjunction with the State);
(E) the establishment of administrative cost arrange-
ments, including the pooling of funds for administrative
costs, as appropriate, for the region;
(F) the coordination of transportation and other sup-
portive services, and prioritizing such services for individ-
uals with barriers to employment, as appropriate, for the
region;
(G) the coordination of services with regional economic
development services and providers; øand¿
(H) the establishment of an agreement concerning how
the planning region will collectively negotiate and reach
agreement with Governor on local levels of performance
for, and report on, the performance accountability meas-
ures described in section 116(c), for local areas or the plan-
ning regionø.¿; and
(I) the analysis of in-demand skills and competencies
within the region, and corresponding wages offered for jobs
requiring such skills and competencies.
(2) REGIONAL PLANS.—The State, after consultation with
local boards and chief elected officials for the planning regions,
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158
shall require the local boards and chief elected officials within
a planning region to prepare, submit, and obtain approval of
a single regional plan that includes a description of the activi-
ties described in paragraph (1) and that incorporates local
plans for each of the local areas in the planning region. The
State shall provide technical assistance and labor market data,
as requested by local areas, to assist with such regional plan-
ning and subsequent service delivery efforts.
(3) REFERENCES.—In this Act, and the core program provi-
sions that are not in this Act:
(A) LOCAL AREA.—Except as provided in section
101(d)(9), this section, paragraph (1)(B) or (4) of section
107(c), or section 107(d)(12)(B), or in any text that provides
an accompanying provision specifically for a planning re-
gion, the term ‘‘local area’’ in a provision includes a ref-
erence to a planning region for purposes of implementation
of that provision by the corresponding local areas in the re-
gion.
(B) LOCAL PLAN.—Except as provided in this subsection,
the term ‘‘local plan’’ includes a reference to the portion of
a regional plan developed with respect to the cor-
responding local area within the region, and any region-
wide provision of that plan that impacts or relates to the
local area.
(d) SINGLE STATE LOCAL AREAS.—
(1) CONTINUATION OF PREVIOUS DESIGNATION.—The Governor
of any State that was a single State local area for purposes of
title I of the Workforce Investment Act of 1998, as in effect on
July 1, 2013, may designate the State as a single State local
area for purposes of this title. In the case of such designation,
the Governor shall identify the State as a local area in the
State plan.
(2) EFFECT ON LOCAL PLAN AND LOCAL FUNCTIONS.—In any
case in which a State is designated as a local area pursuant
to this subsection, the local plan prepared under section 108
for the area shall be submitted for approval as part of the
State plan. In such a State, the State board shall carry out the
functions of a local board, as specified in this Act or the provi-
sions authorizing a core program, but the State shall not be re-
quired to meet and report on a set of local performance ac-
countability measures.
(e) DEFINITIONS.—For purposes of this section:
(1) PERFORMED SUCCESSFULLY.—The term ‘‘performed suc-
cessfully’’, used with respect to a local area, means the local
area met or exceeded the adjusted levels of performance for
primary indicators of performance described in section
116(b)(2)(A) ø(or, if applicable, core indicators of performance
described in section 136(b)(2)(A) of the Workforce Investment
Act of 1998, as in effect the day before the date of enactment
of this Act)¿ for each of the last 2 consecutive years for which
data are available preceding the determination of performance
under this paragraph.
(2) SUSTAINED FISCAL INTEGRITY.—The term ‘‘sustained fiscal
integrity’’, used with respect to a local area, means that the
Secretary has not made a formal determination, during either
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159
of the last 2 consecutive years preceding the determination re-
garding such integrity, that either the grant recipient or the
administrative entity of the area misexpended funds provided
under subtitle B ø(or, if applicable, title I of the Workforce In-
vestment Act of 1998 as in effect prior to the effective date of
such subtitle B)¿ due to willful disregard of the requirements
of the provision involved, gross negligence, or failure to comply
with accepted standards of administration.
SEC. 107. LOCAL WORKFORCE DEVELOPMENT BOARDS.
(a) ESTABLISHMENT.—Except as provided in subsection (c)(2)(A),
there shall be established, and certified by the Governor of the
State, a local workforce development board in each local area of a
State to carry out the functions described in subsection (d) (and
any functions specified for the local board under this Act or the
provisions establishing a core program) for such area.
(b) MEMBERSHIP.—
(1) STATE CRITERIA.—The Governor, in partnership with the
State board, shall establish criteria for use by chief elected offi-
cials in the local areas for appointment of members of the local
boards in such local areas in accordance with the requirements
of paragraph (2).
(2) COMPOSITION.—Such criteria shall require that, at a min-
imum—
(A) a majority of the members of each local board shall
be representatives of business in the local area, who—
(i) are owners of businesses, chief executives or oper-
ating officers of businesses, or other business execu-
tives or employers with optimum policymaking or hir-
ing authority;
(ii) represent businesses, including small businesses,
or organizations representing businesses described in
this clause, that provide employment opportunities
that, at a minimum, include high-quality, work-rel-
evant training and development in in-demand indus-
try sectors or occupations in the local area; and
(iii) are appointed from among individuals nomi-
nated by local business organizations and business
trade associations;
(B) not less than ø20¿ 30 percent of the members of each
local board shall be representatives of the workforce within
the local area, who—
(i) shall include representatives of labor organiza-
tions (for a local area in which employees are rep-
resented by labor organizations), who have been nomi-
nated by local labor federations, or (for a local area in
which no employees are represented by such organiza-
tions) other representatives of employees;
(ii) shall include a representative, who shall be a
member of a labor organization or a training director,
from a joint labor-management apprenticeship pro-
gram, or if no such joint program exists in the area,
such a representative of an apprenticeship program in
the area, if such a program exists;
(iii) may include representatives of community-based
organizations that have demonstrated experience and
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160
expertise in addressing the employment needs of indi-
viduals with barriers to employment, including organi-
zations that serve veterans or that provide or support
competitive integrated employment for individuals
with disabilities; and
(iv) may include eligible youth and representatives
of organizations that have demonstrated experience
and expertise in addressing the employment, training,
or education needs of eligible youth, including rep-
resentatives of organizations that serve øout-of-school¿
opportunity youth;
(C) each local board shall include representatives of enti-
ties administering education and training activities in the
local area, who—
(i) shall include a representative of eligible providers
administering adult education and literacy activities
under title II;
(ii) shall include a representative of institutions of
higher education providing workforce investment ac-
tivities (including community colleges)ø;¿; and
(iii) may include representatives of local educational
agencies, and of community-based organizations with
demonstrated experience and expertise in addressing
the education or training needs of individuals with
barriers to employment;
(D) each local board shall include representatives of gov-
ernmental and economic and community development enti-
ties serving the local area, who—
(i) shall include a representative of economic and
community development entities;
(ii) shall include an appropriate representative from
the State employment service office under the Wag-
ner-Peyser Act (29 U.S.C. 49 et seq.) serving the local
area;
(iii) shall include an appropriate representative of
the programs carried out under title I of the Rehabili-
tation Act of 1973 (29 U.S.C. 720 et seq.), other than
section 112 or part C of that title (29 U.S.C. 732, 741),
serving the local area;
(iv) may include representatives of agencies or enti-
ties administering programs serving the local area re-
lating to transportation, housing, and public assist-
ance; and
(v) may include representatives of philanthropic or-
ganizations serving the local area; øand¿
(E) each local board may include such other individuals
or representatives of entities as the chief elected official in
the local area may determine to be appropriateø.¿; and
(F) the members of each local board shall represent di-
verse demographic populations of the local area.
(3) CHAIRPERSON.—The members of the local board shall
elect a chairperson for the local board from among the rep-
resentatives described in paragraph (2)(A). Each chairperson
shall ensure that each new board member is provided with in-
formation on the local area, employment opportunities (includ-
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161
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