,,ii #aacth ,,congress #ast ,session ,s4 #hjd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bd1 #bjac ,mr4 ,portman 7for himself and ,mr4 ,bennet7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to streamline and address overlap in the ,federal workforce investment system1 steer ,federal training dollars toward skills needed by industry1 establish incentives for accountability through a ,pay for ,performance pilot program1 and provide new access to the ,national ,directory of ,new ,hires1 to measure performance and better connect the unemployed to jobs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,careers through ,responsive1 ,efficient1 and ,effective ,retraining ,act44 #b4 ,steering ,federal training dollars toward skills needed by industry 7a7 ,definitions ,section #aja of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja7 is amended by adding at the end the following3 7#ed7 ,credential 7,a7 ,industry-recognized ,the term industry-recognized1 used with respect to a credential1 means a credential that is sought or accepted by employers within the industry sector involved as recognized1 preferred1 or required for recruitment1 screening1 hiring1 or advancement4 ,if a credential is not yet available for a certain skill that is so sought or accepted1 completion of an industry-recognized training program shall be considered to be an industry-recognized credential1 for the purposes of this paragraph4 7,b7 ,nationally portable ,the term nationally portable1 used with respect to credential1 means a credential that is sought or accepted as described in subparagraph 7,a7 across multiple ,states4 7,c7 ,regionally relevant ,the term regionally relevant1 used with respect to a credential1 means a credential that is determined by the ,governor and the head of the ,state workforce agency to be sought or accepted as described in subparagraph 7,a7 in that ,state and neighboring ,states4 7#ee7 ,state workforce agency ,the term ,state workforce agency means the lead ,state agency with responsibility for workforce investment activities carried out under subtitle ,b4 4 7b7 ,youth activities ,section #abi7;c77#a77;,c7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhed7;c77#a77;,c77 is amended-- 7#a7 by redesignating clauses 7ii7 through 7iv7 as clauses 7iii7 through 7v71 respectively2 and 7#b7 by inserting after clause 7i7 the following3 7ii7 training1 with priority consideration given1 after consultation with the ,governor and the head of the ,state workforce agency and beginning not later than #f months after the date of enactment of the ,careers through ,responsive1 ,efficient1 and ,effective ,retraining ,act1 to programs that lead to an industry-recognized1 nationally portable1 and regionally relevant credential1 if the local board determines that such programs are available and appropriate2 4 7c7 ,general employment and training activities ,section #acd7;d77#d77;,f7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhfd7;d77#d77;,f77 is amended by adding at the end the following3 7iv7 ,priority for programs that provide an industry-recognized1 nationally portable1 and regionally relevant credential ,in selecting and approving programs of training services under this section1 a one-stop operator and employees of a one-stop center referred to in subsection 7c7 shall1 after consultation with the ,governor and the head of the ,state workforce agency and beginning not later than #f months after the date of enactment of the ,careers through ,responsive1 ,efficient1 and ,effective ,retraining ,act1 give priority consideration to programs 7approved by the appropriate ,state agency and local board in conjunction with section #abb7 that lead to an industry-recognized1 nationally portable1 and regionally relevant credential4 7v7 ,rule of construction ,nothing in clause 7iv7 or section #abi7;c77#a77;,c7 shall be construed to require an entity with responsibility for selecting or approving a workforce investment activities program to select a program that leads to a credential specified in clause 7iv74 4 7d7 ,state administration 7#a7 ,general employment and training activities ,section #abb7;b77#b77;,d7 of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhdb7;b77#b77;,d77 is amended-- 7,a7 in clause 7ii71 by striking and at the end2 7,b7 in clause 7iii71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7iv7 in the case of a provider of a program of training services that leads to an industry-recognized1 nationally portable1 and regionally relevant credential1 that the program leading to the credential meets such quality criteria 7which may be accreditation by a ,state-recognized1 third party accrediting agency7 as the ,governor 7in consultation with representatives of the relevant industry sectors and labor groups7 shall establish not later than #f months after the date of enactment of the ,careers through ,responsive1 ,efficient1 and ,effective ,retraining ,act4 4 7#b7 ,youth activities ,section #abc of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhdc7 is amended by inserting 7including such quality criteria 7which may be accreditation by a ,state-recognized1 third party accrediting agency7 as the ,governor 7in consultation with representatives of the relevant industry sectors and labor groups7 shall establish not later than #f months after the date of enactment of the ,careers through ,responsive1 ,efficient1 and ,effective ,retraining ,act for a training program that leads to an industry-recognized1 nationally portable1 and regionally relevant credential7 after plan4 7e7 ,report on industry-,recognized credentials ,section #abb of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhdb7 is amended by adding at the end the following3 7j7 ,report on industry-,recognized credentials 7#a7 ,data collection ,each ,state shall submit to the ,secretary data on programs determined1 under section #abi7;c77#a77;,c7 or #acd7;d77#d77;,f77iv71 to lead to industry-recognized and regionally relevant credentials1 and on the need of that ,state for such credentials4 7#b7 ,report ,based on data provided by the ,states under paragraph 7#a71 the ,secretary shall annually compile the data and prepare a report identifying industry-recognized credentials that are regionally relevant or nationally portable4 ,the report shall include information on the needs of each ,state and of the ,nation for such credentials4 7#c7 ,availability ,the ,secretary shall make the report available and easily searchable on a website4 7#d7 ,rule of construction ,nothing in this subsection shall be construed as an official endorsement of a credential by the ,department of ,labor4 4 #c4 ,establishing incentives for accountability 7a7 ,program ,subtitle ,b of title ,i of the ,workforce ,investment ,act of #aiih is amended by inserting after section #aab 7#bi ,u4,s4,c4 #bhbb7 the following3 #aab;,a4 ,pay for ,performance pilot program 7a7 ,establishment 7#a7 ,in general ,not later than #a year after the date of enactment of the ,careers through ,responsive1 ,efficient1 and ,effective ,retraining ,act1 the ,secretary of ,labor shall establish a ,pay for ,performance pilot program4 ,the ,secretary shall select not fewer than #e ,states1 including at least #a rural ,state and at least #a non-rural ,state1 to participate in the pilot program by carrying out a ,pay for ,performance ,state program4 7#b7 ,voluntary nature of program ,nothing in this subtitle shall be construed to require a ,state to participate in the pilot program without the ,state's consent4 7#c7 ,definition ,in this subsection1 the term rural ,state means a ,state that has a population density of #eb or fewer persons per square mile1 or a ,state in which the largest county has fewer than #aej1jjj people1 as determined on the basis of the most recent decennial census of population conducted pursuant to section #ada of title #ac1 ,united ,states ,code4 7b7 ,submission of plans ,to be eligible to participate in the pilot program1 a ,state shall submit to the ,secretary and obtain approval of a ,pay for ,performance plan described in section #aab7;e7 as a supplement to the ,state plan described in section #aab4 ,the ,state shall submit the supplement in accordance with such process as the ,secretary may specify after consultation with ,states4 7c7 ,implementation 7#a7 ,in general ,in a ,state that carries out a ,pay for ,performance ,state program1 the ,state shall reserve and the local areas shall use the amount described in paragraph 7#b7 to provide a portion of the training services authorized under section #acd7;d77#d7 7referred to in this section as training services7 under the ,state's ,pay for ,performance plan1 in addition to the other requirements of this ,act4 7#b7 ,amount ,the amount reserved under paragraph 7#a7 shall be-- 7,a7 a portion of not more than #be percent1 as determined by the ,state1 of the funds available to be allocated under section #acc7;b7 within the ,state1 and estimated by the ,state to be available for training services1 for the fiscal year involved2 and 7,b7 a portion of not more than #ag4e percent1 as determined by the ,state1 of the grant funds awarded under section #baa7;b7 for the ,state 7which portion shall be taken from the funds described in paragraphs 7#b7 and 7#c7 of section #bbb7;a77 for the fiscal year involved4 7d7 ,training and technical assistance ,the ,secretary shall provide1 by grant or contract1 training and technical assistance to ,states1 and local areas in ,states1 carrying out a ,pay for ,performance ,state program4 7e7 ,state reports ,each ,state carrying out a ,pay for ,performance ,state program shall annually prepare and submit to the ,secretary a report regarding the performance of the ,state on the outcome measures described in section #aab7;e77#b77;,c74 7f7 ,evaluations 7#a7 ,in general ,not later than #a year after the conclusion of the transition period described in section #aab7;e77#b77;,h71 the ,secretary shall enter into an arrangement for an entity to carry out an independent evaluation of ,pay for ,performance ,state programs carried out under this subtitle4 7#b7 ,contents ,for each ,pay for ,performance ,state program1 the entity shall evaluate the program design and performance on the outcome measures1 evaluate 7wherever possible7 the level of satisfaction with the program among employers and employees benefiting from the program1 and estimate public returns on investment1 including such returns as reduced dependence on public assistance1 reduced unemployment1 and increased tax revenue paid by participants exiting the program for employment4 7#c7 ,report ,the entity shall prepare a report containing the results of the evaluation1 and submit the report to the ,secretary1 not later than #ah months after the conclusion of the transition period4 7g7 ,report to ,congress ,not later than #c months after the submission of the report described in subsection 7f77#c71 the ,secretary shall prepare and submit to ,congress a report that contains the results of the evaluations described in subsection 7f7 and recommendations4 ,the recommendation shall include the ,secretary's opinions concerning whether the pilot program should be continued and whether the pay for performance model should be expanded within this ,act1 and related considerations4 7h7 ,performance 7#a7 ,in general ,except as provided in paragraph 7#b71 section #acf of this ,act shall not apply to a ,state1 or a local area in a ,state1 with respect to activities carried out through a ,pay for ,performance ,state program4 7#b7 ,fiscal and management accountability information systems ,section #acf7;f77#a7 shall apply with respect to reporting and monitoring of the use of funds under this section for activities described in paragraph 7#a74 4 7b7 ,pay for ,performance plan ,section #aab of the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhbb7 is amended by adding at the end the following3 7e7 ,pay for ,performance plans 7#a7 ,in general ,for a ,state seeking to carry out a ,pay for ,performance ,state program 7referred to in this subsection as a ,state program7 under the pilot program described in section #aab;,a1 the ,state plan shall include a plan supplement1 consisting of a ,pay for ,performance plan developed by the ,state and local areas in the ,state4 7#b7 ,contents ,the ,pay for ,performance plan shall1 with respect to the ,state program-- 7,a7 provide for technical support to local areas and providers in order to carry out a pay for performance model1 which shall at a minimum provide assistance with data collection and data entry requirements2 7,b7 specify target populations who are eligible to receive training services authorized under section #acd7;d77#d7 7referred to in this subsection as training services7 through the ,state program1 with appropriate consideration of and participation targets for special participant populations that face multiple barriers to employment1 as defined in section #acd7;d77#d77;,g77iv72 7,c7 specify employment placement1 employment retention1 and earnings outcome measures and timetables for each target population2 7,d7 provide for curricula in terms of competencies required for education and career advancement that are1 where feasible1 tied to industry-recognized credentials and related standards 7where the quality of the program leading to the credential or standard is recognized by the ,state or local area involved71 or ,state licensing requirements2 7,e7 describe how the ,state or local areas will provide information to participants in the ,state program about appropriate support services1 where feasible1 including career assessment and counseling1 case management1 child care1 transportation1 financial aid1 and job placement services2 7,f7 specify a fixed amount that1 except as provided in subparagraph 7,h71 local areas in the ,state will pay to providers of training services in the ,state program1 for each eligible participant who achieves the applicable outcome measures or is an excepted participant described in subparagraph 7,g77i71 according to the timetables described in subparagraph 7,c71 which amount-- 7i7 shall represent #aae percent of the historical cost of providing training services to a participant under this subtitle1 as established by the ,state or local area involved2 and 7ii7 may vary by target population2 7,g7 provide assurances that-- 7i7 no funds reserved for the ,state program will be paid to a provider for a participant who does not achieve the outcome measures according to the timetables1 except for a participant who does not achieve the outcome measures through no fault of the provider1 as determined by the ,governor in consultation with the head of the ,state board1 relevant local boards1 and at least #a representative of the ,state's providers of training services2 and 7ii7 each local area in the ,state will reallocate funds not paid to a provider1 because the achievement described in clause 7i7 did not occur1 for further activities under the ,state program in the local area2 and 7,h7 specify a transition period of not more than #a year during which the reserved funds may be paid to providers of training services based on the previous year's performance on the core indicators of performance described in #acf7;b77#b77;,a77i71 in order to enable the providers to begin to provide services under the ,state program and adjust to a pay for performance model1 including adjusting by-- 7i7 developing partnerships with local employers2 and 7ii7 seeking financial support and volunteer services from private sector sources4 7#c7 ,approval ,in determining whether to approve the plan supplement1 the ,secretary shall consider the quality of the data system the ,state will use to track performance on outcome measures in carrying out a ,pay for ,performance plan4 4 7c7 ,conforming amendments 7#a7 ,use of funds ,section #baa7;b77#b7 of the ,workforce ,investment ,act of #aiih 7#bj ,u4,s4,c4 #ibaa7;b77#b77 is amended by inserting or training services in accordance with section #aab;,a7c7 before the period at the end4 7#b7 ,funding ,section #bbc7;a7 of the ,workforce ,investment ,act of #aiih 7#bj ,u4,s4,c4 #ibbc7;a77 is amended-- 7,a7 by redesignating paragraph 7#h7 as paragraph 7#ab71 and moving that paragraph to the end of that section #bbc7;a72 and 7,b7 by inserting after paragraph 7#g7 the following3 7#h7 ,providing training services in accordance with section #aab;,a7c74 4 #d4 ,providing a job training reorganization plan for the ,federal workforce investment system 7a7 ,definitions ,in this section3 7#a7 ,federal job training program ,the term ,federal job training program means any federally funded employment and training program1 including the programs identified in the ,government ,accountability ,office report4 7#b7 ,government ,accountability ,office report ,the term ,government ,accountability ,office report means the ,january #bjaa report of the ,government ,accountability ,office entitled ,multiple ,employee and ,training ,programs3 ,providing ,information on ,colocating ,services and ,consolidating ,administrative ,structures ,could ,promote ,efficiencies 7,,gao-#aa-ib74 7#c7 ,individual with a barrier to employment ,the term individual with a barrier to employment means a job seeker who-- 7,a7 is economically disadvantaged2 7,b7 has limited ,english proficiency2 7,c7 requires remedial education2 7,d7 is an older worker2 7,e7 is an individual who has completed a sentence for a criminal offense2 or 7,f7 has another barrier to employment1 as defined by the ,director of the ,office of ,management and ,budget4 7b7 ,reorganization plan 7#a7 ,preparation ,the ,director of the ,office of ,management and ,budget 7referred to in this section as the ,director7 shall prepare a plan to reorganize ,federal job training programs to increase their efficiency1 integration1 and alignment4 ,the plan shall include a proposal to decrease the number of ,federal job training programs without decreasing services or accessibility to services for eligible job training participants1 including individuals with barriers to employment4 ,in preparing the plan1 the ,director shall demonstrate that the ,director considered the findings of the ,government ,accountability ,office report1 and input from the ,states1 heads of the affected ,federal departments and agencies1 local workforce investment boards1 businesses1 workforce advocates and community organizations1 labor organizations1 and relevant education-related organizations4 7#b7 ,submission ,not later than #ab months after the date of enactment of this ,act1 the ,director shall submit the reorganization plan to the appropriate committees of ,congress4 #e4 ,using the ,national ,directory of ,new ,hires information to assist in administration of ,workforce ,investment ,act of #aiih programs ,section #dec7;j7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fec7;j77 is amended by adding at the end the following3 7#ab7 ,information comparisons and disclosure to assist in administration of workforce investment act programs 7,a7 ,in general ,if1 for purposes of administering a program of workforce investment activities carried out under subtitle ,b of title ,i of the ,workforce ,investment ,act of #aiih1 a ,state agency responsible for the administration of such program transmits to the ,secretary the names and social security account numbers of individuals1 the ,secretary shall disclose to such ,state agency information on such individuals and their employers maintained in the ,national ,directory of ,new ,hires1 subject to this paragraph4 7,b7 ,condition on disclosure by the secretary ,the ,secretary shall make a disclosure under subparagraph 7,a7 only to the extent that the ,secretary determines that the disclosure would not interfere with the effective operation of the program under this part4 7,c7 ,use and disclosure of information by state agencies 7i7 ,in general ,a ,state agency may not use or disclose information provided under this paragraph except for purposes of administering a program referred to in subparagraph 7,a7 7including measuring performance under section #acf of the ,workforce ,investment ,act of #aiih and preparing reports under subsection 7d7 of such section1 subject to this paragraph74 7ii7 ,information security ,the ,state agency shall have in effect data security and control policies that the ,secretary finds adequate to ensure the security of information obtained under this paragraph and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures4 7iii7 ,penalty for misuse of information ,an officer or employee of the ,state agency who fails to comply with this subparagraph shall be subject to the sanctions under subsection 7l77#b7 to the same extent as if such officer or employee was an officer or employee of the ,united ,states4 7,d7 ,procedural requirements ,state agencies requesting information under this paragraph shall adhere to uniform procedures established by the ,secretary governing information requests and data matching under this paragraph4 7,e7 ,waiver of requirement to reimburse costs ,notwithstanding subsection 7k77#c71 a ,state agency shall not be required to reimburse the ,secretary for the costs incurred by the ,secretary in furnishing information requested under this paragraph to the ,state agency4 4