,,ii #aahth ,,congress #b;d ,session ,s4 #ddid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #aa1 #bjbd,mr4 ,cassidy introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,workforce ,innovation and ,opportunity ,act to improve the provisions relating to providers of training services4 #a4 ,short title ,this ,act may be cited as the ,,wil ,act or the ,workforce ,innovation ,leader ,act4 #b4 ,identification of eligible providers 7a7 ,eligibility ,section #abb7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;a77 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,except as provided in subsection 7h7-- 7,a7 the ,governor1 after consultation with the ,state board1 shall establish-- 7i7 application and enforcement procedures and 7only to the extent prescribed in subsection 7b77#a77 criteria regarding the establishment of eligibility of providers of training services to receive funds provided under section #acc7;b7 for the provision of training services1 with respect to programs in the ,state2 and 7ii7 application and enforcement procedures and 7only to the extent prescribed in subsection 7b77#b77 information requirements1 including levels of performance on the indicators in the requirements with respect to such programs1 to maintain such eligibility on the provider list described in subsection 7d77#a7 7referred to in this section as the standard provider list72 and 7,b7 the ,secretary shall establish application and enforcement procedures and 7only to the extent prescribed in subsection 7b77#c77 information requirements1 including levels of performance on the indicators in the requirements with respect to such programs1 to establish and maintain such eligibility on the ,workforce ,innovation ,leaders ,list described in subsection 7d77#b7 7referred to in this section as the ,,wil provider list74 2 and 7#b7 in paragraph 7#c7-- 7,a7 by striking the first sentence and inserting the following3 7,a7 ,in general 7i7 ,establishing eligibility ,a provider described in subparagraph 7,a7 or 7,c7 of paragraph 7#b7 7referred to in this paragraph as a covered provider7 shall comply with the application and enforcement procedures and criteria described in paragraph 7#a77;,a77i71 as determined by the corresponding ,governor1 to establish eligibility by being included on the standard provider list4 ,a covered provider shall be on the standard provider list and shall comply with the criteria described in subsection 7b77#a77;,b71 as determined by the ,governor1 and the application and enforcement procedures and criteria described in paragraph 7#a77;,b71 as determined by the ,secretary1 to establish eligibility by being included on the ,,wil provider list4 7ii7 ,maintaining eligibility ,a covered provider shall comply with the application and enforcement procedures and information requirements described in paragraph 7#a77;,a77ii71 as determined by the ,governor1 to maintain eligibility on the standard provider list4 ,a covered provider shall comply with the application and enforcement procedures and information requirements described in paragraph 7#a77;,b71 as determined by the ,secretary1 to maintain eligibility on the ,,wil provider list4 7,b7 ,apprenticeship providers 2 and 7,b7 in subparagraph 7,b71 as so designated1 by striking the list and all that follows through 7d7 and inserting the standard provider list4 7b7 ,criteria and information requirements ,section #abb7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;b77 is amended to read as follows3 7b7 ,criteria and information requirements 7#a7 ,general criteria to establish eligibility ,the ,governor shall establish criteria solely requiring each provider of training services that seeks to establish1 with respect to a program-- 7,a7 eligibility under this section on the standard provider list1 to demonstrate that-- 7i7 the provider-- 7,i7 has a valid business license issued by the ,state or local government 7as the case may be72 7,,ii7 has been in business for not less than #b years2 and 7,,iii7 has a ,federal employer identification number issued by the ,internal ,revenue ,service2 and 7ii7 the program leads to a recognized postsecondary credential1 including specifying the occupations for which the credential prepares individuals and the competencies achieved by the individuals2 and 7,b7 eligibility under this section on the ,,wil provider list1 to resubmit information to make a demonstration described in clause 7i77,i7 or 7ii71 but only if the information previously submitted to make that demonstration is no longer accurate4 7#b7 ,information requirements to maintain eligibility on standard provider list 7,a7 ,in general 7i7 ,requirements ,the ,governor shall establish information requirements that solely require each provider of training services that seeks to maintain eligibility on the standard provider list under this section to submit information as required under this paragraph4 7ii7 ,timing ,if such an eligible provider provides training services to a participant1 for which the participant uses an individual training account1 not later than the last date of the fourth quarter after the participant's exit from the program1 the provider shall submit information on the provider's performance on the indicators described in subparagraph 7,b7 to the ,secretary4 7,b7 ,information ,the eligible provider shall submit information on indicators that shall consist solely of-- 7i7 the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program2 7ii7 the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program2 7iii7 the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program2 7iv7 the percentage of program participants who obtain a recognized postsecondary credential1 or a secondary school diploma or its recognized equivalent 7subject to section #aaf7;b77#b77;,a77iii771 during participation in or within #a year after exit from the program2 and 7v7 the percentage of program participants who1 during a program year1 are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment4 7,c7 ,levels of performance ,the ,governor shall establish levels of performance on the indicators described in subparagraph 7,b7 for maintaining eligibility on the standard provider list4 7,d7 ,determination ,the ,governor shall determine whether the provider has demonstrated that the provider has met the levels of performance by examining the required information submitted under subparagraph 7,b7 and any optional information submitted under paragraph 7#d74 7#c7 ,information requirements to establish and maintain eligibility on ,,wil provider list 7,a7 ,in general 7i7 ,requirements ,the ,secretary shall establish information requirements 7solely using indicators and levels specified in this paragraph7 that require each provider of training services that seeks to establish or maintain eligibility on the ,,wil provider list under this section to submit information as required under this paragraph4 7ii7 ,timing ,if such an eligible provider provides training services to a participant1 for which the participant uses an individual training account1 paragraph 7#b77;,a77ii7 shall apply to the provider1 with respect to the indicators described in subparagraph 7,b7 of this paragraph4 7,b7 ,information ,the eligible provider shall submit information on indicators that shall consist solely of-- 7i7 the percentage of program participants who complete the program2 7ii7 the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program2 7iii7 the median earnings of program participants who are in unsubsidized employment during the fourth quarter after exit from the program2 7iv7 the indicators specified in clauses 7i7 through 7iv7 of paragraph 7#b77;,b71 or shall be deemed to have submitted information on those indicators if the provider has submitted a corresponding report under section #aaf7;d77#d72 and 7v7 the indicators specified in paragraph 7#b77;,b77v74 7,c7 ,levels of performance ,the ,secretary shall establish levels of performance on the indicators described in subparagraph 7,b7 for maintaining eligibility on the ,,wil provider list1 which levels shall be-- 7i7 #hj percent1 for the indicator described in subparagraph 7,b77i72 7ii7 #fe percent1 for the indicator described in subparagraph 7,b77ii72 7iii7 median earnings that are not less than #bj percent greater than the median earnings of a high school graduate in the local area in which the program is located or in which the participant obtains employment1 whichever high school graduate earnings are greater1 for the indicator described in subparagraph 7,b77iii72 and 7iv7 the levels established by the corresponding ,governor under paragraph 7#b77;,c71 for the indicators described in clauses 7iv7 and 7v7 of subparagraph 7,b74 7,d7 ,determination ,the ,secretary shall determine whether the provider has demonstrated that the provider met the levels of performance by examining the required information submitted under subparagraph 7,b7 and any optional information submitted under paragraph 7#d74 ,on determining that a provider on the standard provider list has met those levels of performance1 the ,secretary shall notify the ,governor1 and transmit to the ,governor the information described in subsection 7d77#b74 ,the ,governor shall remove the provider from the standard provider list and include the provider on the ,,wil provider list1 accompanied by the information4 7#d7 ,optional information submissions ,an eligible provider that seeks to provide optional data1 in addition to the information required under paragraph 7#b7 or 7#c71 for the website described in paragraph 7#g7 or to establish the levels of performance under paragraph 7#c77;,c7 may submit to the ,secretary information on the provider's performance on the corresponding indicators described in paragraph 7#b77;,b7 or 7#c77;,b7 from years prior to the first year for which corresponding information is required under paragraph 7#b77;,b7 or 7#c77;,b71 for the provider1 or concerning individuals who have completed training services through the provider without the use of an individual training account4 7#e7 ,seal ,an eligible provider who demonstrates exceptional performance in providing training services by meeting the levels of performance described in paragraph 7#c77;,c7 as determined by the ,secretary1 shall be permitted to display a special seal for exceptional performance1 of such design as the ,secretary may approve1 for display on all public materials4 7#f7 ,state collection and submission of data ,a ,state may collect and submit information required under paragraph 7#b71 7#c71 or 7#d7 concerning a participant on an eligible provider's behalf4 ,an eligible provider that seeks to have the ,state conduct that collection and submission shall submit a request to the ,state1 including information identifying the participant4 ,on receipt of the request1 the ,state may access unemployment insurance system wage data on the participant1 to collect and submit the required information4 7#g7 ,website ,the ,secretary shall make publicly available through the training provider results website of the ,employment and ,training ,administration-- 7,a7 for a provider on the standard provider list1 the accompanying information described in subsection 7d77#a72 and 7,b7 for a provider on the ,,wil provider list1 the accompanying information described in subsection 7d77#b71 and an identifier showing that the provider has demonstrated exceptional service in providing training services4 4 7c7 ,procedures ,section #abb7;c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking 7#a7 and all that follows through procedures established and inserting the following3 7#a7 ,procedures for establishment ,a portion of the application and enforcement procedures established by the ,governor and the ,secretary 2 7,b7 in the first sentence1 by inserting 1 which shall not require the submission of information in excess of the information required to determine eligibility under subsection 7b77#a77;,a7 for eligibility on the standard provider list1 or under paragraphs 7#a77;,b7 and 7#c7 of subsection 7b7 for eligibility on the ,,wil provider list after provision of training services2 and 7,c7 in the second sentence1 by striking respective roles of the ,state and local areas and inserting roles of the ,state and the ,secretary2 and 7#b7 in paragraph 7#b7-- 7,a7 by striking 7#b7 and all that follows through ,the procedures established by and inserting the following3 7#b7 ,procedures for maintenance ,a portion of the application and enforcement procedures established by 2 7,b7 by striking the ,governor and inserting the ,governor and the ,secretary under subsection 7a72 7,c7 by striking biennial review and renewal and inserting maintenance2 and 7,d7 by inserting 1 which shall not require the submission of information in excess of the information required to maintain eligibility under paragraph 7#b7 of subsection 7b7 for eligibility on the standard provider list1 or under paragraph 7#c7 of subsection 7b7 for eligibility on the ,,wil provider list after of training services4 7d7 ,list and ,information ,to ,assist ,participants in ,choosing ,providers ,section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;d77 is amended-- 7#a7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,standard provider list ,in order to facilitate and assist participants in choosing employment and training activities and in choosing providers of training services1 the ,governor shall ensure that a standard list of providers determined under paragraphs 7#a77;,a7 and 7after initial establishment of eligibility7 7#b7 of subsection 7b7 to be eligible under this section to offer a program in the ,state1 is prepared 7excluding providers later included on the ,,wil provider list74 ,the list shall be accompanied by information identifying the recognized postsecondary credential offered by the provider and information submitted by the provider to make the demonstrations described in paragraphs 7#a77;,a7 and 7#b7 of subsection 7b74 ,the list shall be provided to the local boards in the ,state1 and made available to such participants and to members of the public through the one-stop delivery system in the ,state4 7#b7 ,,wil provider list ,in order to offer that facilitation and assistance1 the ,governor shall ensure that a ,workforce ,innovation ,leaders ,list of providers determined under paragraphs 7#a77;,b7 and 7#c7 of subsection 7b7 to be eligible under this section to offer a program in the ,state1 is prepared4 ,the list shall be accompanied by information identifying the recognized postsecondary credential offered by the provider and information submitted by the provider to make the demonstrations described in paragraphs 7#a77;,b7 and 7#c7 of subsection 7b74 ,the list shall be provided and made available as described in paragraph 7#a74 2 and 7#b7 in paragraph 7#c7 by striking list and inserting lists4 7e7 ,comments ,section #abb7;e7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #baeb7;e77 is amended-- 7#a7 by striking list each place it appears and inserting lists2 and 7#b7 by striking ,governor and inserting ,governor or the ,secretary1 as the case may be14 7f7 ,enforcement ,section #abb7;f77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;f77#a77 is amended-- 7#a7 in the matter preceding subparagraph 7,a7 by striking procedures and inserting application and enforcement procedures2 7#b7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively2 7#c7 by inserting after subparagraph 7,a7 the following3 7,b7 ,failure to submit information ,upon a determination1 by an individual or entity specified in the procedures1 that an eligible provider fails to submit information required by paragraph 7#b77;,b7 or 7#c77;,b71 as the case may be1 of subsection 7b7 by the corresponding date specified in that subsection1 the eligibility of such provider to receive funds through an individual training account under chapter #c shall be terminated for a period of time that is not less than #c years4 2 and 7#d7 in subparagraph 7,d71 by striking subparagraph 7,a7 or 7,b7 and inserting subparagraph 7,a71 7,b71 or 7,c74 #c4 ,conforming amendments 7a7 ,local boards ,section #ajg of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cabb7 is amended-- 7#a7 in subsection 7d77#aj7-- 7,a7 by striking subparagraph 7,c72 7,b7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,c7 and 7,d71 respectively2 and 7,c7 in subparagraph 7,d71 as so redesignated-- 7i7 by striking paragraphs 7#b7 and 7#c7 of section #acd7;c7 and inserting section #acd7;c77#b72 and 7ii7 by striking and training services2 and 7#b7 in subsection 7g77#a77;,b77i7-- 7,a7 in subclause 7,i71 by adding and at the end2 7,b7 by striking subclause 7,,ii72 and 7,c7 by redesignating subclause 7,,iii7 as subclause 7,,ii74 7b7 ,employment and training activities ,section #acd of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7 is amended-- 7#a7 in subsection 7a77#b77;,b77v77,i71 by striking list and inserting lists2 and 7#b7 in subsection 7c77#c77;,f71 in clauses 7ii7 and 7iii71 by striking list and inserting lists4