,,ii  #aaeth ,,congress  #b;d ,session  
,s4 #cfja  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #aa1  
#bjah,mr4 ,booker 7for himself and ,mr4 
,young7 introduced the following bill2  
which was read twice and referred to the
 ,committee on the ,judiciary  ,a ,,bill
  ,to amend the ,workforce ,innovation  
and ,opportunity ,act to provide for a  
program that employs pay-for-performance
 financing for workforce development    
projects4  #a4 ,short title ,this ,act  
may be cited as the ,delivering         
,outcomes for ,american ,workers ,act4  
#b4 ,pay-for-performance workforce      
development program ,subtitle ,d of     
title ,i of the ,workforce ,innovation  
and ,opportunity ,act 7#bi ,u4,s4,c4    
#cbba et seq47 is amended--  7#a7 by    
redesignating section #agb as section   
#agc2 and  7#b7 by inserting after      
section #aga the following3  #agb4      
,pay-for-performance workforce          
development program  7a7 ,general       
authority ,the ,secretary shall         

establish and carry out a               
,pay-for-,performance workforce         
development program4 ,in carrying out   
the program1 the ,secretary may enter   
into agreements with eligible entities  
to provide for workforce development    
projects that are designed to accomplish
 outcomes that1 in turn1 enable the     
eligible entities to achieve specified  
long-term employment-related goals4  7b7
 ,long-,term employment-,related goals  
,not less often than annually1 the      
,secretary shall issue guidance that    
specifies long-term employment-related  
goals1 such as sustained long-term      
employment or increased earnings over   
time1 for projects carried out under    
this section4 ,the guidance shall       
specify long-term employment-related    
goals that an eligible entity shall     
address in an application for a project 
to be carried out in the upcoming fiscal
 year4  7c7 ,eligible entities ,to be   
eligible to enter into an agreement     
under this section1 an entity shall be a

 ,state1 a political subdivision of a   
,state1 a ,state board1 a local board1  
an ,indian tribe or tribal organization 
7as such terms are defined in section   
#aff7;b771 or a partnership of entities 
described in this subsection4  7d7      
,applications ,to be eligible to enter  
into an agreement under this section1 an
 entity shall submit an application to  
the ,secretary at such time1 in such    
manner1 and containing such information 
as the ,secretary may require1          
including--  7#a7 a description of a    
potential workforce development approach
 that the entity proposes to carry out  
by entering into a contract with one or 
more service providers for a workforce  
development project1 in accordance with 
an outcomes rate card described in      
subsection 7e77#a7 and approved as part 
of the application2  7#b7 a description 
of the geographic area and target       
population that the entity intends to   
serve through the project1 along with a 
data-driven rationale for the size and  

expected impact of the project2  7#c7 a 
description of expected participant- and
 community-level social benefits as a   
result of the project2  7#d7 the        
outcomes rate card described in         
subsection 7e77#a7 and an assurance that
 the entity will incorporate the terms  
specified on the card into the contracts
 with service providers2  7#e7 evidence1
 including the results of prior rigorous
 experimental or quasi-experimental     
studies1 demonstrating that the outcomes
 specified on the outcomes rate card    
predict whether the long-term           
employment-related goals will be        
achieved2  7#f7 an assurance that the   
entity will contribute the non-program  
share described in subsection 7g7 of the
 cost of each project involved2  7#g7 an
 assurance that the entity will hold an 
open and fair procurement process to    
select service providers to provide     
services under the project2  7#h7 a     
commitment that the entity will ensure  
that service delivery is not skewed     

toward the participants most likely to  
achieve the desired outcomes2  7#i7 an  
assurance that necessary administrative 
data systems and information technology 
infrastructure are available or will be 
available to connect the data and       
information from a service provider with
 outcomes validation and performance    
management and payment processes2 and   
7#aj7 a plan for evaluation of the      
project as described in subsection      
7j77#a74  7e7 ,outcomes  7#a7 ,card     
prepared by eligible entity ,to be      
eligible to enter into an agreement     
under this section1 an entity shall     
prepare an outcomes rate card that      
specifies each of the following and any 
additional information requested by the 
,secretary3  7,a7 ,the long-term        
employment-related goals the eligible   
entity hopes to achieve4  7,b7 ,the     
specific outcomes that the eligible     
entity hopes to achieve1 which will be  
used to assess whether long-term        
employment-related goals are achieved4  

7,c7 ,the price for each such outcome1  
that the eligible entity proposes that  
the ,secretary will pay to reimburse an 
eligible entity for each participant    
that achieves the outcome1 consistent   
with paragraph 7#b77;,b74  7,d7 ,other  
terms that the eligible entity proposes 
to incorporate into each contract with a
 service provider4  7#b7 ,guidance      
prepared by secretary ,not less often   
than annually1 the ,secretary shall     
issue guidance1 on which eligible       
entities may base outcomes rate cards   
prepared under paragraph 7#a74 ,the     
guidance shall include information      
describing sample outcomes and factors  
for entities to consider when proposing 
their prices1 including the type of     
population being served4 ,the guidance  
shall describe the harder-to-serve      
populations for which entities may      
propose higher prices4  7f7 ,awarding   
agreements  7#a7 ,timeline in awarding  
agreement ,not later than #f months     
after receiving an application1 the     

,secretary shall determine whether to   
enter into an agreement for a workforce 
development project with an eligible    
entity4  7#b7 ,priority populations ,in 
selecting eligible entities for         
agreements1 the ,secretary shall give   
priority to entities who propose to     
serve veterans and individuals with     
barriers to employment1 including       
homeless individuals and long-term      
unemployed individuals4  7#c7 ,agreement
 authority  7,a7 ,agreement requirements
 ,the ,secretary may enter into an      
agreement for a workforce development   
project if the ,secretary approves the  
application and determines that each of 
the following requirements are met3  7i7
 ,outcome and reimbursement ,the        
eligible entity agrees to develop and   
implement 7through contracts with       
service providers7 a workforce          
development project--  7,i7 that is     
designed to achieve specified long-term 
employment-related goals2 and  7,,ii7   
for which the ,secretary will reimburse 

the eligible entity for a program share 
of the cost of the project1 subject to  
subparagraph 7,b74  7ii7 ,outcome that  
predicts achievement ,based on          
information provided in the application 
submitted under subsection 7d7 or other 
relevant information1 particularly the  
results of prior rigorous experimental  
or quasi-experimental studies1 the      
proposed outcomes predict whether the   
long-term employment-related goals will 
be achieved4  7,b7 ,maximum             
reimbursement ,the ,secretary may enter 
into an agreement with a target         
reimbursement amount 7for the total     
reimbursement expected to be provided   
under the agreement for the project     
involved7 of not more than #bj1jjj1jjj1 
except that the maximum reimbursement to
 be provided under such an agreement--  
7i7 subject to clause 7ii71 will be     
determined in accordance with the       
outcomes rate card described in         
subsection 7e77#a7 and included in the  
agreement2 and  7ii7 will not exceed the

 amount of the program share of the cost
 described in subsection 7d77#f74  7g7  
,program share  7#a7 ,in general ,the   
program share of the cost described in  
subsection 7d77#f7 shall be not more    
than #ge percent4  7#b7 ,non-program    
share ,an eligible entity shall         
contribute the non-program share of the 
cost-- 7,a7 in cash2 and  7,b7 from     
public or private sources1 including    
,federal sources other than the program 
carried out under this section4  7#c7   
,federal sources ,funds that are        
appropriated to carry out this section1 
or appropriated under ,federal law and  
designated for use under paragraph      
7#b77;,b71 shall remain available until 
expended4  7h7 ,technical assistance    
,the ,secretary shall reserve not more  
than #aj1jjj1jjj to provide technical   
assistance to aid entities described in 
subsection 7c7 in developing outcomes   
rate cards under subsection 7e77#a7 and 
refining the data systems described in  
subsection 7d77#i74  7i7 ,data sharing  

,the ,secretary shall ensure that the   
eligible entities that enter into       
agreements under this section have      
appropriate data sharing agreements in  
place1 to enable the eligible entities  
to access administrative data needed to 
measure the outcomes1 and to measure the
 long-term employment-related goals4    
7j7 ,evaluations  7#a7 ,projects ,the   
,secretary shall conduct an evaluation  
of each workforce development project   
carried out under this section1 using   
reliable1 evidence-based research       
methodologies 7including if possible    
contemporaneous use of a comparison     
group7 that allow for the strongest     
possible causal inferences for the      
project--  7,a7 to determine whether the
 project carried out in accordance with 
the related outcome rate card yielded   
the desired long-term employment-related
 goals2  7,b7 to determine if the       
outcomes were accurate predictors of    
whether the corresponding long-term     
employment-related goals were achieved2 

7,c7 to assess the implementation of the
 project and its impact on-- 7i7        
employment1 including private sector    
employment2  7ii7 wages and benefits in 
private sector employment2 and  7iii7   
poverty2 and  7,d7 to develop best      
practices for workforce development     
projects4  7#b7 ,program ,the ,secretary
 shall conduct an evaluation of the     
,pay-for-,performance workforce         
development program carried out under   
this section--  7,a7 using the          
methodologies described in paragraph    
7#a72  7,b7 making the determinations   
and assessment required in subparagraphs
 7,a7 through 7,c7 of paragraph 7#a7 for
 that program2 and  7,c7 developing best
 practices for pay-for-performance      
workforce development programs4  7#c7   
,reservation ,the ,secretary shall      
reserve1 for each fiscal year in which a
 project or program is to be evaluated  
under this subsection1 not less than    
#e1jjj1jjj to carry out this subsection4
  7k7 ,website ,the ,secretary shall    

establish and maintain a web page on    
which the ,secretary shall make publicly
 available--  7#a7 a copy of1 or method 
of accessing1 each notice published in  
the ,federal ,register regarding a      
project to be funded pursuant to this   
section2 and  7#b7 for each eligible    
entity that has entered into an         
agreement with the ,secretary for such a
 project1 information stating--  7,a7   
the long-term employment-related goals  
and outcome rate cards for the project2 
7,b7 a description of each workforce    
development approach and service        
provider to be used in the project2     
7,c7 the target population that will be 
served by the project2  7,d7 the        
expected social benefits to participants
 in the project and others who may be   
impacted2  7,e7 the information included
 in the outcomes rate card and the      
methodology to be used to determine if  
the participants achieve the outcomes2  
7,f7 the project timeline2 and  7,g7 the
 maximum reimbursement possible for the 

project4  7l7 ,regulations ,the         
,secretary may issue regulations as     
necessary to carry out this section4  4 
#c4 ,funding ,section #agc of the       
,workforce ,innovation and ,opportunity 
,act1 as redesignated by section #b7a71 
is amended--  7#a7 by redesignating     
subsections 7e7 and 7f7 as subsections  
7f7 and 7g71 respectively2 and  7#b7 by 
inserting after subsection 7d7 the      
following3  7e7 ,pay-for-,performance   
workforce development program ,to carry 
out section #agb-- 7#a7 funds available 
under section #bhf7s77#b77;,a7 of the   
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #acef7s77#b77;,a77 may be     
used2 and  7#b7 there are authorized to 
be appropriated such sums as may be     
necessary for fiscal year #bjai1 and    
sums appropriated under this paragraph  
shall remain available until #e years   
after the date of enactment of the      
,delivering ,outcomes for ,american     
,workers ,act4  4  #d4 ,conforming      
amendments  7a7 ,immigration and        

,nationality ,act ,section #bhf7s77#b7  
of the ,immigration and ,nationality    
,act 7#h ,u4,s4,c4 #acef7s77#b77 is     
amended by striking 7#b7 and all that   
follows through #ej percent of amounts  
and inserting the following3  7#b7 ,use 
of fees  7,a7 ,pay-for-performance      
workforce development program ,from a   
portion equal to #ej percent of the     
amounts deposited into the ,h-#a;,b     
,nonimmigrant ,petitioner ,account for a
 fiscal year1 the greater of            
#ajj1jjj1jjj1 or all of the portion1    
shall remain available to the ,secretary
 of ,labor until expended to carry out  
the section #agb of the ,workforce      
,innovation and ,opportunity ,act4  7,b7
 ,job training ,the remainder of the    
portion  4  7b7 ,table of ,contents ,the
 table of contents in section #a7;b7 of 
the ,workforce ,innovation and          
,opportunity ,act is amended--  7#a7 by 
redesignating the item relating to      
section #agb as the item relating to    
section #agc2 and  7#b7 by inserting    

after the item relating to section #aga 
the following3  ,sec4 #agb4             
,pay-for-,performance workforce         
development program4  4  #e4            
,prospective repeal of authority  7a7   
,repeal ,effective #e years after the   
date of enactment of this ,act-- 7#a7   
section #agb of the ,workforce          
,innovation and ,opportunity ,act1 as   
added by section #b of this ,act1 is    
repealed2  7#b7 the ,workforce          
,innovation and ,opportunity ,act 7#bi  
,u4,s4,c4 #caja et seq471 as amended by 
sections #c and #d of this ,act1 is     
amended--  7,a7 in the table of         
contents1 by striking the item relating 
to section #agb2 and  7,b7 in section   
#agc1 by striking subsection 7e72 and   
7#c7 section #bhf7s77#b7 of the         
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #acef7s77#b771 as amended by  
section #d of this ,act1 is amended--   
7,a7 by striking subparagraph 7,a72 and 
7,b7 in subparagraph 7,b71 by striking  
7,b7 and all that follows through of the

 portion and inserting #ej percent of   
amounts4  7b7 ,agreements still in      
effect ,notwithstanding the amendments  
made by subsection 7a71 an agreement    
entered into under section #agb7;a7 of  
the ,workforce ,innovation and          
,opportunity ,act before the effective  
date of the amendments made by          
subsection 7a7 shall remain in full     
force and effect under the terms1 and   
for the duration1 of the agreement4