,,ii  #aahth ,,congress  #b;d ,session  
,s4 #deja  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #aa1     
#bjbd,mr4 ,mullin 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 performance accountability  
system4  #a4 ,short title ,this ,act may
 be cited as the ,,wioa ,performance    
,accountability ,improvement ,act4  #b4 
,performance accountability system  7a7 
,state performance accountability       
measures  7#a7 ,primary indicators of   
performance ,section #aaf7;b77#b77;,a7  
of the ,workforce ,innovation and       
,opportunity ,act 7#bi ,u4,s4,c4        
#cada7;b77#b77;,a77 is amended-- 7,a7 in
 clause 7i7-- 7i7 in subclause 7,,ii7-- 
7,i7 by striking fourth and inserting   
second2 and  7,,ii7 by inserting and    
remain in unsubsidized employment during
 the fourth quarter after exit from the 

program after the program2  7ii7 in     
subclause 7,v7-- 7,i7 by striking 1     
during a program year12  7,,ii7 by      
striking are in and inserting enter     
into2 and  7,,iii7 by inserting before  
the semicolon at the end the following3 
within #f months after the quarter in   
which the participant enters into the   
education or training program2 and      
7iii7 by amending subclause 7,,vi7 to   
read as follows3  7,,vi7 of the program 
participants who received training      
services and who exited the program     
during a program year1 the percentage of
 such program participants who          
completed1 prior to such exit1          
on-the-job training1 employer-directed  
skills development1 incumbent worker    
training1 or an apprenticeship4  2  7,b7
 in clause 7ii7-- 7i7 in subclause      
7,,ii71 by striking and at the end2     
7ii7 in subclause 7,,iii71 by striking  
the period at the end and inserting 2   
and2 and  7iii7 by adding at the end the
 following3  7,,iv7 the percentage of   

program participants who1 during a      
program year1 participate in paid or    
unpaid work experiences as described in 
section #abi7;c77#b77;,c74  2 and  7,c7 
by striking clause 7iv74  7#b7 ,levels  
of performance ,section                 
#aaf7;b77#c77;,a7 of the ,workforce     
,innovation and ,opportunity ,act 7#bi  
,u4,s4,c4 #cada7;b77#c77;,a77 is        
amended-- 7,a7 by amending clause 7iii7 
to read as follows3  7iii7              
,identification in ,state plan  7,i7    
,secretaries ,for each ,state submitting
 a ,state plan1 the ,secretaries of     
,labor and ,education shall-- 7aa7 not  
later than ,december #a of the calendar 
year prior to the calendar year in which
 such ,state plan is submitted1 for the 
first #b program years covered by the   
,state plan1 and not later than         
,december #a of the year prior to the   
third program year covered by the ,state
 plan1 for the third and fourth program 
years covered by the ,state plan1       
propose expected levels of performance  

for each of the corresponding primary   
indicators of performance for each of   
the programs described in clause 7ii7   
for such ,state1 which levels shall--   
7,,aa7 be consistent with the factors   
listed in clause 7v72 and 7,,bb7 be     
proposed in a manner that ensures       
sufficient time is provided for the     
,state to evaluate and respond to such  
proposals2 and  7bb7 publish1 on a      
public website of the ,department of    
,labor1 the statistical model developed 
under clause 7viii7 and the methodology 
used to develop each such proposed level
 of performance4  7,,ii7 ,states ,each  
,state shall-- 7aa7 evaluate each of the
 expected levels of performance proposed
 under subclause 7,i7 with respect to   
such ,state2  7bb7 based on such        
evaluation of each such proposed level  
of performance-- 7,,aa7 accept the      
expected level of performance as so     
proposed2 or 7,,bb7 provide a           
counterproposal for such proposed       
expected level of performance1 including

 an analysis of how the counterproposal 
addresses factors or circumstances      
unique to the ,state that may not have  
been accounted for in the proposed      
expected level of performance2 and  7cc7
 include in the ,state plan1 with       
respect to each of the corresponding    
primary indicators of performance for   
each of the programs described in clause
 7ii7 for such ,state-- 7,,aa7 the      
expected level of performance proposed  
under subclause 7,i72 7,,bb7 the        
counterproposal for such proposed level1
 if any2 and 7,,cc7 the expected level  
of performance that is agreed to under  
clause 7iv74  2 and  7,b7 in clause     
7v77,,ii7-- 7i7 in the matter preceding 
item 7aa71 by striking based on and     
inserting based on 7for each of the     
following factors that is found to be   
predictive of performance on an         
indicator for a program72 and  7ii7 in  
item 7bb71 by inserting 1 foster care   
status1 school status1 education level1 
highest grade level completed1          

low-income status after ex-offender     
status4  7b7 ,performance reports       
,section #aaf7;d7 of the ,workforce     
,innovation and ,opportunity ,act 7#bi  
,u4,s4,c4 #cada7;d77 is amended-- 7#a7  
by amending paragraph 7#a7 to read as   
follows3  7#a7 ,in general  7,a7        
,template for performance reports ,not  
later than #ab months after the date of 
enactment of the ,,wioa ,performance    
,accountability ,improvement ,act1 the  
,secretary of ,labor1 in conjunction    
with the ,secretary of ,education1 shall
 develop1 or review and modify1 as      
appropriate1 to comply with the         
requirements of this subsection1 the    
template for performance reports that   
shall be used by ,states 7including by  
,states on behalf of eligible providers 
of training services under section #abb7
 and local boards to produce a report on
 outcomes achieved by the core programs4
 ,in developing1 or reviewing and       
modifying1 such templates1 the          
,secretary of ,labor1 in conjunction    

with the ,secretary of ,education1 shall
 take into account the need to maximize 
the value of the templates for workers1 
jobseekers1 employers1 local elected    
officials1 ,state officials1 ,federal   
policymakers1 and other key             
stakeholders4  7,b7 ,standardized       
reporting ,in developing1 or reviewing  
and modifying1 the template under       
subparagraph 7,a71 the ,secretary of    
,labor1 in conjunction with the         
,secretary of ,education1 shall ensure  
that ,states and local areas1 in        
producing performance reports for core  
programs and eligible training          
providers1 collect and report1 in a     
comparable and uniform format1          
information on common data elements1    
which use terms that are assigned       
identical meanings across all such      
reports4  7,c7 ,additional reporting    
,the ,secretary of ,labor1 in           
conjunction with the ,secretary of      
,education-- 7i7 in addition to         
information on the common data elements 

described in subparagraph 7,b71 may     
require a core program to provide       
additional information as necessary for 
effective reporting2 and  7ii7 shall    
periodically review any requirement for 
additional information to ensure the    
requirement is necessary and does not   
impose an undue reporting burden4  2    
7#b7 in paragraph 7#b7-- 7,a7 by        
redesignating subparagraphs 7,j7 through
 7,l7 as subparagraphs 7,k7 through     
7,m71 respectively and inserting after  
subparagraph 7,i7 the following3  7,j7  
the median earnings gain of participants
 who received training services1        
calculated as the difference between--  
7i7 median participant earnings in      
unsubsidized employment during the      
second quarter after program exit2 and  
7ii7 median participant earnings in     
unsubsidized employment in the second   
quarter prior to entering the program2  
2 and  7,b7 in subparagraph 7,l71 as so 
redesignated1 by striking clause 7ii72  
and  7,c7 by striking strategies for    

programs and all that follows through   
the performance1 and inserting          
strategies for programs1 the            
performance2  7#c7 in paragraph 7#c7--  
7,a7 in subparagraph 7,b71 by striking  
and at the end2  7,b7 by redesignating  
subparagraph 7,c7 as subparagraph 7,e72 
and  7,c7 by inserting after            
subparagraph 7,b7 the following3  7,c7  
the percentage of the local area's      
allocation under section #acc7;b7 that  
the local area spent on services paid   
for through an individual training      
account described in section            
#acd7;c77#c77;,f77iii7 or a training    
contract described in section           
#acd7;c77#c77;,g77ii72  7,d7 the        
percentage of the local area's          
allocation under section #acc7;b7 that  
the local area spent on supportive      
services2 and  2  7#d7 by amending      
paragraph 7#d7 to read as follows3  7#d7
 ,contents of eligible training         
providers performance report  7,a7 ,in  
general ,the ,state shall use the       

information submitted by the eligible   
providers of training services under    
section #abb and administrative records1
 including quarterly wage records1 of   
the participants of the programs offered
 by the providers to produce a          
performance report on the eligible      
providers of training services in the   
,state1 which shall include1 subject to 
paragraph 7#f77;,c7-- 7i7 with respect  
to each program of study 7or the        
equivalent7 of such a provider-- 7,i7   
information specifying the levels of    
performance achieved with respect to the
 primary indicators of performance      
described in subclauses 7,i7 through    
7,,iv7 of subsection 7b77#b77;,a77i7    
with respect to all individuals engaging
 in the program of study 7or the        
equivalent72 and  7,,ii7 the total      
number of individuals exiting from the  
program of study 7or the equivalent72   
7ii7 with respect to all such           
providers-- 7,i7 the total number of    
participants who received training      

services through each of the adult      
program1 and the dislocated worker      
program1 authorized under chapter #c of 
subtitle ,b1 disaggregated by the type  
of entity that provided the training1   
during the most recent program year and 
the #c preceding program years2  7,,ii7 
the total number of participants who    
exited from training services1          
disaggregated by the type of entity that
 provided the training1 during the most 
recent program year and the #c preceding
 program years2  7,,iii7 the average    
cost for the participants who received  
training services1 divided by the       
average earnings received by such       
participants during the second quarter  
after exit from the program1            
disaggregated by the type of entity that
 provided the training1 during the most 
recent program year and the #c preceding
 program years2 and  7,,iv7 the number  
of individuals with barriers to         
employment served by each of the adult  
program1 and the dislocated worker      

program1 authorized under chapter #c of 
subtitle ,b1 disaggregated by each      
subpopulation of such individuals1 and  
by race1 ethnicity1 sex1 and age2 and   
7iii7 with respect to each recognized   
postsecondary credential on the list of 
credentials awarded by eligible         
providers in the ,state described in    
section #abb7;d7-- 7,i7 information     
specifying the levels of performance    
achieved with respect to the primary    
indicators of performance described in  
subclauses 7,i7 through 7,,iv7 of       
subsection 7b77#b77;,a77i7 for all      
participants in the ,state receiving    
such credential2 and  7,,ii7 information
 specifying the levels of performance   
achieved with respect to the primary    
indicators of performance described in  
subclauses 7,i7 through 7,,iv7 of       
subsection 7b77#b77;,a77i7 for          
participants in the ,state receiving    
such credential with respect to         
individuals with barriers to employment1
 disaggregated by each subpopulation of 

such individuals1 and by race1          
ethnicity1 sex1 and age4  2 and  7#e7 in
 paragraph 7#f7-- 7,a7 by amending      
subparagraph 7,a7 to read as follows3   
7,a7 ,state performance reports ,the    
,secretary of ,labor and the ,secretary 
of ,education shall annually make       
available the performance reports for   
,states containing the information      
described in paragraph 7#b71 which shall
 include making such reports available--
 7i7 digitally using transparent1       
linked1 open1 and interoperable data    
formats that are human readable and     
machine actionable such that the data   
from these reports-- 7,i7 is easily     
understandable2 and  7,,ii7 can be      
easily included in web-based tools and  
services supporting search1 discovery1  
comparison1 analysis1 navigation1 and   
guidance2 and  7ii7 in a printable      
format4  2 and  7,b7 in subparagraph    
7,b7-- 7i7 by striking 7including by    
electronic means71 in an easily         
understandable format12 and  7ii7 by    

adding at the end the following3 ,the   
,secretary of ,labor and the ,secretary 
of ,education shall include1 on the     
website where the ,state performance    
reports required under subparagraph 7,a7
 are made available1 a link to local    
area performance reports and the        
eligible training provider report for   
each ,state4 ,such reports shall be made
 available in each of the formats       
described in subparagraph 7,a744  7c7   
,evaluation of ,state programs ,section 
#aaf7;e7 of the ,workforce ,innovation  
and ,opportunity ,act 7#bi ,u4,s4,c4    
#cada7;e77 is amended-- 7#a7 in         
paragraph 7#a7-- 7,a7 in the first      
sentence1 by striking shall conduct     
ongoing and inserting shall use data to 
conduct analyses and ongoing2 and  7,b7 
in the second sentence1 by striking     
conduct the and inserting conduct such  
analyses and2 and  7#b7 in paragraph    
7#b71 by adding ,a ,state may use other 
forms of analysis1 such as machine      
learning or other advanced analytics1 to

 improve program operations and outcomes
 and to identify areas for further      
evaluation4 at the end4  7d7 ,sanctions 
for ,state failure ,to meet ,state      
performance accountability measures     
,section #aaf7;f7 of the ,workforce     
,innovation and ,opportunity ,act 7#bi  
,u4,s4,c4 #cada7;f77 is amended to read 
as follows3  7f7 ,sanctions for ,state  
failure ,to meet ,state performance     
accountability measures  7#a7 ,targeted 
support and assistance  7,a7 ,in general
 ,if a ,state fails to meet #hj percent 
of the ,state adjusted level of         
performance for an indicator described  
in subsection 7b77#b77;,a7 for a program
 for any program year1 the ,secretary of
 ,labor and the ,secretary of ,education
 shall provide technical assistance4    
7,b7 ,sanctions  7i7 ,in general ,if the
 ,state fails in the manner described in
 subclause 7,i7 or 7,,ii7 of clause 7ii7
 with respect to a program year1 the    
percentage of each amount that would 7in
 the absence of this paragraph7 be      

reserved by the ,governor under section 
#abh7;a77#a7 for the immediately        
succeeding program year shall be reduced
 by #e percentage points4  7ii7         
,failures ,a ,state shall be subject to 
clause 7i7-- 7,i7 if 7except in the case
 of exceptional circumstances as        
determined by the ,secretary of ,labor  
or the ,secretary of ,education1 as     
appropriate71 such ,state fails to      
submit a report under subsection 7d7 for
 the appropriate program year2 or       
7,,ii7 for a failure under subparagraph 
7,a7 that continues for a second        
consecutive year4  7#b7 ,comprehensive  
support and assistance  7,a7 ,in general
 ,if a ,state fails to meet an average  
of #ij percent of the ,state adjusted   
levels of performance for a single      
program across all corresponding        
performance indicators for any program  
year1 or if a ,state fails to meet an   
average of #ij percent of the ,state    
adjusted levels of performance for a    
single corresponding performance        

indicator across all programs for any   
program year1 the ,secretary of ,labor  
and the ,secretary of ,education shall  
provide technical assistance1 as        
described and authorized under section  
#afh7;b71 including assistance in the   
development of a comprehensive          
performance improvement plan4  7,b7     
,second consecutive year failure ,if    
such failure under subparagraph 7,a7    
continues for a second consecutive year1
 the percentage of each amount that     
would 7in the absence of this           
subsection7 be reserved by the ,governor
 under section #abh7;a77#a7 for the     
immediately succeeding program year     
shall be reduced by #aj percentage      
points4  7#c7 ,reallotment of reductions
 ,any amounts not reserved under section
 #abh7;a77#a7 for a ,state for a program
 year pursuant to paragraph 7#a77;,b7 or
 7#b77;,b7 of this subsection shall be  
realloted to other ,states in a manner  
consistent with paragraph 7#a77;,b7 or  
7#b77;,b7 of section #acb7;b74  4  7e7  

,sanctions for local area failure ,to   
meet local performance accountability   
measures ,section #aaf7;g7 of the       
,workforce ,innovation and ,opportunity 
,act 7#bi ,u4,s4,c4 #cada7;g77 is       
amended-- 7#a7 in paragraph 7#a7-- 7,a7 
by inserting #hj percent of the before  
local performance2 and  7,b7 by striking
 local performance accountability       
measures and inserting local level of   
performance for a single corresponding  
performance indicator for a single      
program1 an average of #ij percent of   
the local levels of performance across  
all corresponding performance indicators
 for a single program1 or an average of 
#ij percent of the local levels of      
performance for a single corresponding  
performance indicator across all        
programs12 and  7#b7 in paragraph 7#b7--
 7,a7 by amending subparagraph 7,a7 to  
read as follows3  7,a7 ,in general ,if  
such failure continues1 the ,governor   
shall take corrective actions1 which    
shall include-- 7i7 in the case of a    

failure1 as described in paragraph 7#a71
 for a second consecutive year1 on any  
individual indicator1 across indicators 
for a single program1 or on a single    
indicator across programs1 a #e-percent 
reduction in the amount that would have 
otherwise been provided 7in the absence 
of this clause7 to the local area for   
the immediately succeeding program year 
under chapter #b or #c of subtitle ,b   
for the program subject to the          
performance failure2  7ii7 in the case  
of a failure1 as described in paragraph 
7#a71 for a third consecutive year1 the 
development of a reorganization plan    
through which the ,governor shall-- 7,i7
 require the appointment and            
certification of a new local board1     
consistent with the criteria established
 under section #ajg7;b72  7,,ii7        
prohibit the use of one-stop partners   
identified as achieving a poor level of 
performance2 and  7,,iii7 revise or     
redesignate a local area1 which may     
include merging a local area with       

another local area if the ,governor     
determines that the likely cause of such
 continued performance failure of a     
local area is due to such local area's  
designation being granted without the   
appropriate consideration of parameters 
described under section                 
#ajf7;b77#a77;,b72 or  7iii7 other      
significant actions determined          
appropriate by the ,governor4  2  7,b7  
in subparagraph 7,b77i71 by inserting   
7ii7 after subparagraph 7,a72 and  7,c7 
by adding at the end the following3     
7,d7 ,reallocation of reductions ,any   
amounts not allocated under chapter #b  
or #c of subtitle ,b to a local area for
 a program year pursuant to subparagraph
 7,a77i7 retained by the ,governor and  
added to the funds reserved under       
section #abh7;a77#a7 or #acc7;a77#a71 as
 applicable4  4  7f7 ,establishing      
pay-for-,performance contract strategy  
incentives ,section #aaf7;h7 of the     
,workforce ,innovation and ,opportunity 
,act 7#bi ,u4,s4,c4 #cada7;h77 is       

amended by striking non-,federal funds  
and inserting the funds reserved under  
section #abh7;a77#a74  7g7 ,fiscal and  
management accountability information   
systems ,section #aaf7;i7 of the        
,workforce ,innovation and ,opportunity 
,act 7#bi ,u4,s4,c4 #cada7;i77 is       
amended-- 7#a7 in paragraph 7#b71 by    
inserting 1 and may use information     
provided from the ,national ,directory  
of ,new ,hires in accordance with       
section #dec7;j77#h7 of the ,social     
,security ,act 7#db ,u4,s4,c4           
#fec7;j77#h77 after ,state law2  7#b7 by
 redesignating paragraph 7#c7 as        
paragraph 7#d72 and  7#c7 by inserting  
after paragraph 7#b7 the following3     
7#c7 ,designated entity ,the ,governor  
shall designate a ,state agency 7or     
appropriate ,state entity7 to assist in 
carrying out the performance reporting  
requirements for core programs and      
eligible providers of training services4
 ,the designated ,state agency 7or      
appropriate ,state entity7 shall be     

responsible for-- 7,a7 facilitating data
 matches using quarterly wage record    
information1 including wage record      
information made available by other     
,states1 to measure employment and      
earnings outcomes2  7,b7 data validation
 and reliability1 as described in       
subsection 7d77#e72 and  7,c7 protection
 against disaggregation that would      
violate applicable privacy standards1 as
 described in subsection 7d77#f77;,c74  
4