,i #aaith ,,congress #b;d ,session ,h4 ,r4 #hbaj ,,in ,,the ,,house ,,of ,,representatives ,april #f1 #bjbf,mr4 ,walberg introduced the following bill2 which was referred to the ,committee on ,education and ,workforce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to reauthorize the ,workforce ,innovation and ,opportunity ,act4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,a ,stronger ,workforce for ,america ,act of #bjbf4 7b7 ,table of ,contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,title ,i--,workforce ,development ,activities,subtitle ,a--,general ,provisions,sec4 #aja4 ,purposes4,sec4 #ajb4 ,definitions4,sec4 #ajc4 ,table of contents amendments4,subtitle ,b--,system alignment,chapter #a--,state ,provisions,sec4 #aaa4 ,state workforce development board4,sec4 #aab4 ,unified ,state plan4,chapter #b--,local provisions,sec4 #aae4 ,workforce development areas4,sec4 #aaf4 ,local workforce development boards4,sec4 #aag4 ,local plan4,chapter #c--,performance ,accountability,sec4 #aai4 ,performance accountability system4,subtitle ,c--,workforce ,investment ,activities and ,providers,chapter #a--,workforce ,investment ,activities and ,providers,sec4 #aba4 ,establishment of one-stop delivery systems4,sec4 #abb4 ,identification of eligible providers of training services4,sec4 #abc4 ,eligible providers of youth workforce investment activities4,chapter #b--,youth ,workforce ,investment ,activities,sec4 #aca4 ,reservations2 ,reallocation4,sec4 #acb4 ,use of funds for youth workforce investment activities4,chapter #c--;,adult and ,dislocated ,worker ,employment and ,training ,activities,sec4 #ada4 ,state allotments4,sec4 #adb4 ,reservations for ,state activities2 within ,state allocations2 ,reallocation4,sec4 #adc4 ,use of funds for employment and training activities4,chapter #d--;,general ,workforce ,investment ,provisions,sec4 #ade4 ,authorization of appropriations4,subtitle ,d--,job ,corps,sec4 #aea4 ,purposes4,sec4 #aeb4 ,definitions4,sec4 #aec4 ,individuals eligible for the ,job ,corps4,sec4 #aed4 ,recruitment1 screening1 selection1 and assignment of enrollees4,sec4 #aee4 ,job ,corps ,campuses4,sec4 #aef4 ,program activities4,sec4 #aeg4 ,counseling and job placement4,sec4 #aeh4 ,support4,sec4 #aei4 ,operations4,sec4 #afj4 ,standards of conduct4,sec4 #afa4 ,community participation4,sec4 #afb4 ,workforce councils4,sec4 #afc4 ,advisory committees4,sec4 #afd4 ,experimental projects and technical assistance4,sec4 #afe4 ,special provisions4,sec4 #aff4 ,management information4,sec4 #afg4 ,job ,corps oversight and reporting4,sec4 #afh4 ,authorization of appropriations4,sec4 #afi4 ,conforming amendments4,subtitle ,e--,national programs,sec4 #aga4 ,native ,american programs4,sec4 #agb4 ,migrant and seasonal farmworker programs4,sec4 #agc4 ,technical assistance4,sec4 #agd4 ,evaluations and research4,sec4 #age4 ,national dislocated worker grants4,sec4 #agf4 ,youth,build ,program4,sec4 #agg4 ,reentry employment opportunities4,sec4 #agh4 ,youth apprenticeship readiness grant program4,sec4 #agi4 ,strengthening community colleges grant program4,sec4 #ahj4 ,authorization of appropriations4,subtitle ,f--,administration,sec4 #aia4 ,requirements and restrictions4,sec4 #aib4 ,monitoring4,sec4 #aic4 ,fiscal controls2 sanctions4,sec4 #aid4 ,administrative adjudication4,sec4 #aie4 ,judicial review4,sec4 #aif4 ,general waivers of statutory or regulatory requirements4,sec4 #aig4 ,make ,america ,skilled ,again grants4,sec4 #aih4 ,general program requirements4,title ,,ii--,adult ,education and ,literacy,subtitle ,a--,transferring all functions of the ,adult ,education and ,family ,literacy ,act to the ,department of ,labor,sec4 #bja4 ,transfer of functions4,sec4 #bjb4 ,personnel ,determinations by the ,office of ,management and ,budget4,sec4 #bjc4 ,delegation and assignment4,sec4 #bjd4 ,reorganization2 ,rules4,sec4 #bje4 ,transfer and allocation of appropriations and personnel4,sec4 #bjf4 ,incidental transfers4,sec4 #bjg4 ,savings provisions4,sec4 #bjh4 ,references4,sec4 #bji4 ,transition4,sec4 #baj4 ,updating references4,sec4 #baa4 ,effective date4,subtitle ,b--,adult ,education and ,family ,literacy ,act,sec4 #bba4 ,purposes4,sec4 #bbb4 ,definitions4,sec4 #bbc4 ,authorization of appropriations4,sec4 #bbd4 ,special rule4,sec4 #bbe4 ,performance accountability system4,sec4 #bbf4 ,matching requirement4,sec4 #bbg4 ,state leadership activities4,sec4 #bbh4 ,programs for corrections education and other institutionalized individuals4,sec4 #bbi4 ,grants and contracts for eligible providers4,sec4 #bcj4 ,local application4,sec4 #bca4 ,local administrative cost limits4,sec4 #bcb4 ,national leadership activities4,sec4 #bcc4 ,integrated ,english literacy and civics education4,title ,,iii--,amendments to other laws,sec4 #cja4 ,amendments to the ,wagner-,peyser ,act4,sec4 #cjb4 ,job training grants4,sec4 #cjc4 ,access to ,national ,directory of ,new ,hires4,sec4 #cjd4 ,references to other laws4,title ,,iv--,department of ,labor technical assistance,sec4 #dja4 ,technical assistance for transforming to competitive integrated employment4,title ,v--,general provisions,sec4 #eja4 ,report on data capability and interoperability of ,federal and ,state databases and data exchange agreements4,sec4 #ejb4 ,effective dates2 transition authority4 ,i ,workforce ,development ,activities ,a ,general ,provisions #aja4 ,purposes ,section #b of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja7 is amended-- 7#a7 in paragraph 7#a71 by striking support services and inserting supportive services2 7#b7 in paragraph 7#b71 by inserting 1 for youth and adults1 after economic development systems2 7#c7 in paragraph 7#f71 by striking of the workforce1 reduce welfare dependency1 and inserting of the workforce1 provide economic mobility1 reduce dependency on public assistance programs12 and 7#d7 by adding at the end the following3 7#g7 ,to prepare a globally competitive workforce by developing robust education and skills development programs for youth to access career pathways that will lead such youth into in-demand industry sectors and occupations4 4 #ajb4 ,definitions 7a7 ,foundational skill needs ,section #c7e7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7e77 is amended to read as follows3 7#e7 ,foundational skill needs ,the term foundational skill needs means1 with respect to an individual who is a youth or adult1 that the individual-- 7,a7 has ,english reading1 writing1 or computing skills at or below the #hth grade level on a generally accepted standardized test2 or 7,b7 is unable to compute or solve problems1 is unable to read1 write1 or speak ,english1 or does not possess digital literacy skills1 at a level necessary to function in the individual's education or occupation1 in the individual's family1 or in society4 4 7b7 ,career pathway ,section #c7g77;,f7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7g77;,f77 is amended by striking secondary school diploma and inserting regular high school diploma4 7c7 ,employer-,directed skills development ,section #c7ad7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7ad77 is amended to read as follows3 7#ad7 ,employer-,directed skills development ,the term employer-directed skills development means skills development provided through a program-- 7,a7 that is selected or designed to meet the specific skill demands of an employer 7including a group of employers1 such as an industry or trade association or an industry or sector partnership72 7,b7 that is conducted pursuant to the terms and conditions established under an employer-directed skills agreement described in section #acd7;c77#c77;,i71 including a commitment by the employer to employ an individual upon successful completion of the program2 and 7,c7 for which the employer pays a portion of the cost of the program1 as determined by the local board involved1 which shall not be less than-- 7i7 #aj percent of the cost1 in the case of an employer with #ej or fewer employees2 7ii7 #be percent of the cost1 in the case of an employer with more than #ej but not more than #ajj employees2 and 7iii7 #ej percent of the cost1 in the case of an employer with more than #ajj employees4 4 7d7 ,dislocated worker ,section #c7ae77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7ae77;,b77 is amended-- 7#a7 in clause 7i71 by inserting 1 including such a closure or layoff due to advances in automation technology before the semicolon2 and 7#b7 in clause 7iii71 by striking section #acd7;c77#b77;,a77xii7 and inserting section #acd7;c77#b77;,b77vii74 7e7 ,displaced homemaker ,section #c7af7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7af77 is amended1 in the matter preceding subparagraph 7,a71 by striking family members and inserting a family member4 7f7 ,english learner ,section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7 is further amended-- 7#a7 in paragraph 7#ba7-- 7,a7 in the heading1 by striking language2 and 7,b7 by striking language2 and 7#b7 in paragraph 7#bd77;,i71 by striking language4 7g7 ,individual with a barrier to employment ,section #c7bd7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7bd77 is amended-- 7#a7 in subparagraph 7,g71 by striking 7#db ,u4,s4,c4 #adjdc;e-#b7f777 and inserting 7#cd ,u4,s4,c4 #abdgc7f7772 7#b7 by redesignating subparagraphs 7,i7 through 7,n7 as subparagraphs 7,j7 through 7,o71 respectively2 7#c7 by inserting after subparagraph 7,h7 the following3 7,i7 ,out of school youth4 2 and 7#d7 in subparagraph 7,k71 as so redesignated1 by striking section #afg7;i7 and inserting #afg7;j74 7h7 ,industry or sector partnership ,section #c7bf7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7bf77 is amended-- 7#a7 in subparagraph 7,a77ii71 by striking or another labor representative1 as appropriate2 and inserting and1 to the extent practicable1 another labor representative22 and 7#b7 in subparagraph 7,b7-- 7,a7 by redesignating clauses 7vi7 through 7xi7 as clauses 7viii7 through 7xiii71 respectively2 and 7,b7 by striking clause 7v7 and inserting the following3 7v7 ,state educational agencies or local educational agencies2 7vi7 ,state higher education agencies1 as defined in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc71 or ,state systems of higher education2 7vii7 other ,state or local agencies2 4 7i7 ,local area ,section #c7cb7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7cb77 is amended by striking sections #ajf7;c77#c77;,a7 and inserting sections #ajf7;c77#d77;,a74 7j7 ,educational agencies ,section #c7cd7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7cd77 is amended to read as follows3 7#a7 ,local educational agency2 ,state educational agency ,the terms local educational agency and ,state educational agency have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife4 4 7k7 ,local plan ,section #c7ce7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7cb77 is amended by striking section #ajf7;c77#c77;,b7 and inserting section #ajf7;c77#d77;,b74 7l7 ,low-income individual ,section #c7cf77;,a77iii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7cf77;,a77iii77 is amended by striking 7#db ,u4,s4,c4 #adjdc;e-#b7f777 and inserting 7#cd ,u4,s4,c4 #abdgc7f7774 7m7 ,pay-for-,performance contract strategy ,section #c7dg7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7dg77 is amended to read as follows3 7#dg7 ,pay-for-performance contract strategy ,the term pay-for-performance contract strategy means a performance-based contract strategy that uses pay-for-performance contracts in the provision of services described in paragraph 7#b7 or 7#c7 of section #acd7;c7 or activities described in section #abi7;c77#b71 and includes-- 7,a7 contracts1 each of which-- 7i7 shall specify a fixed amount that will be paid to an eligible service provider 7which may include a local or national community-based organization or intermediary1 community college1 or other provider7 based on the achievement of specified levels of performance on the primary indicators of performance described in section #aaf7;b77#b77;,a7 for target populations as identified by the local board and which shall identify a specific target for the number or percentage of individuals to be served that will be individuals with barriers to employment1 within a defined timetable2 and 7ii7 may provide for bonus payments to such service provider to expand capacity to provide effective training and other services1 including bonus payments for exceeding the identified target for serving individuals with barriers to employment2 7,b7 a strategy for validating the achievement of the performance described in subparagraph 7,a72 and 7,c7 a description of how the ,state or local area will reallocate funds not paid to a provider because the achievement of the performance described in subparagraph 7,a7 did not occur1 for further activities related to such a contract strategy1 subject to section #ahi7;g77#b77;,d74 4 7n7 ,rapid response activity ,section #c7ea7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7ea77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by inserting 1 through a rapid response unit after designated by a ,state2 7#b7 in subparagraph 7,b71 by inserting before the semicolon at the end the following3 1 including access through individual training accounts for eligible dislocated workers under section #dad7;c7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih 7#bi ,u4,s4,c4 #cbbd;a72 7#c7 in subparagraph 7,d71 by striking and at the end2 7#d7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 7#e7 by inserting after subparagraph 7,d7 the following new subparagraph3 7,e7 assistance in identifying workers eligible for assistance1 including workers who work a majority of their time offsite or remotely2 2 7#f7 in subparagraph 7,f71 as so redesignated1 by striking the period at the end and inserting 2 and2 and 7#g7 by adding at the end the following3 7,g7 the provision of business engagement or layoff aversion strategies and other activities designed to prevent or minimize the duration of unemployment1 such as-- 7i7 connecting employers to short-term compensation or other programs designed to prevent layoffs2 7ii7 conducting worker skill assessment1 and programs to match workers to different occupations2 7iii7 establishing incumbent worker training or other upskilling approaches1 including through incumbent worker upskilling accounts described in section #acd7;d77#d77;,e72 7iv7 facilitating business support activities1 such as connecting employers to programs that offer access to credit1 financial support1 and business consulting2 and 7v7 partnering or contracting with business-focused organizations to assess risks to companies1 and to propose1 implement1 and measure the impact of strategies and services to address such risks4 4 7o7 ,school dropout ,section #c7ed7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7ed77 is amended by striking secondary school diploma and inserting regular high school diploma4 7p7 ,supportive services ,section #c7ei7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7ei77 is amended by striking housing1 and inserting assistive technology1 housing1 food assistance14 7q7 ,new definitions ,section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7 is further amended by adding at the end the following3 7#gb7 ,co-enrollment ,the term co-enrollment means simultaneous enrollment in more than one of the programs or activities carried out by a one-stop partner specified in section #aba7;b77#a77;,b74 7#gc7 ,digital literacy skills ,the term digital literacy skills has the meaning given the term in section #bjc4 7#gd7 ,evidence-based ,the term evidence-based1 when used with respect to an activity1 service1 strategy1 or intervention1 or content of materials1 means an activity1 service1 strategy1 or intervention1 or content of materials that-- 7,a7 demonstrates a statistically significant effect on improving participant outcomes or other relevant outcomes based on-- 7i7 strong evidence from at least #a well-designed and well-implemented experimental study2 7ii7 moderate evidence from at least #a well-designed and well-implemented quasi-experimental study2 or 7iii7 promising evidence from at least #a well-designed and well-implemented correlational study with statistical controls for selection bias2 or 7,b7 7i7 demonstrates a rationale based on high-quality research findings or positive evaluation that such activity1 service1 strategy1 or intervention is likely to improve student outcomes or other relevant outcomes2 and 7ii7 includes ongoing efforts to examine the effects of such activity1 service1 strategy1 or intervention4 7#ge7 ,labor organization ,the term labor organization means a labor organization1 as defined in section #b7e7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7e771 and an organization representing public sector employees4 7#gf7 ,regular high school diploma ,the term regular high school diploma has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#gg7 ,work-based learning ,the term work-based learning has the meaning given the term in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7#gh7 ,talent marketplace 7,a7 ,talent marketplace ,the term talent marketplace means an array of publicly- and privately-owned platforms supported by interconnected and1 where relevant1 interoperable and based on open standards1 technologies 7which may include artificial intelligence7 that-- 7i7 is made available to the public2 7ii7 is used to match individuals with employment and learning opportunities in a ,state 7or a consortium of ,states7 using information provided by users1 including-- 7,i7 education and training providers2 7,,ii7 employers2 7,,iii7 jobseekers2 7,,iv7 students2 and 7,v7 any other individual2 and 7iii7 incorporates and allows users access to-- 7,i7 the learning and employment records of users of such marketplace2 7,,ii7 a credential registry2 and 7,,iii7 a skills profile generator4 7,b7 ,credential registry ,the term credential registry means a process through which a digital portal or repository may be used by education and training providers to make publicly available1 and1 where relevant1 interoperable and based on open standards1 a description1 using standardized terminology1 of the skills1 competencies and learning outcomes associated with credentials1 including recognized postsecondary credentials4 7,c7 ,learning and employment record ,the term learning and employment record means a digital1 machine-readable record of an individual's educational and employment history that-- 7i7 contains information that may be self attested and is verified by the employers1 persons for whom the individual performed services1 and education and training providers of such individual2 7ii7 allows the individual to control such information and use any such information for the purpose of matching such individual with employment and learning opportunities as described in subparagraph 7,a77ii72 and 7iii7 uses standardized terminology4 7,d7 ,skills profile generator ,the term skills profile generator means a digital tool that can be used to create a skill profile that1 using standardized terminology1 describes skills gained through1 or necessary for-- 7i7 employment2 7ii7 hiring2 or 7iii7 education4 7,e7 ,standardized terminology ,the term standardized terminology means1 in relation to a learning employment record1 credential registry1 or skills profile generator made available through a talent marketplace1 a limited set of terms that is provided through a publicly available1 and1 where relevant1 interoperable and based on open standards1 skills framework and used to describe skills1 competencies1 or learning outcomes in a manner that-- 7i7 provides a definition of such skill1 competency1 or outcome1 and identifies the skills framework used for such definition2 7ii7 ensures that identical terms are used to describe substantially similar skills1 competencies1 or outcomes across such records1 registries1 and generators in such marketplace2 and 7iii7 permits such terms to be effectively used for the purpose of matching individuals with employment and learning opportunities as described in subparagraph 7,a77ii74 4 7r7 ,redesignations ,section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7 is further amended by reordering paragraphs 7#a7 through 7#ga71 as amended by this section1 and the paragraphs added by subsection 7q7 of this section in alphabetical order1 and renumbering such paragraphs as so reordered4 #ajc4 ,table of contents amendments ,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 section #age2 7#b7 by inserting after the item relating to section #aga1 the following3 ,sec4 #agb4 ,reentry employment opportunities4,sec4 #agc4 ,youth apprenticeship readiness grant program4,sec4 #agd4 ,strengthening community colleges workforce development grants program4 2 and 7#c7 by striking the item relating to section #aij and inserting the following3 ,sec4 #aij4 ,make ,america ,skilled ,again grants4 4 ,b ,system alignment #a ,state ,provisions #aaa4 ,state workforce development board ,section #aja7;d77#c77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caab7;d77#c77;,b77 is amended by striking low-skilled adults and inserting adults with foundational skill needs4 #aab4 ,unified ,state plan ,section #ajb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caab7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by redesignating subparagraphs 7,c7 through 7,e7 as subparagraphs 7,d7 through 7,f71 respectively2 7ii7 by inserting the following after subparagraph 7,b73 7,c7 a description of-- 7i7 how the ,state will use real-time labor market information to continually assess the economic conditions and workforce trends described in subparagraphs 7,a7 and 7,b72 and 7ii7 how the ,state will communicate changes in such conditions or trends to the workforce system in the ,state2 2 7iii7 in subparagraph 7,d71 as so redesignated1 by inserting the extent to which such activities are evidence-based1 after of such activities12 7iv7 in subparagraph 7,e71 as so redesignated-- 7,i7 by striking and for meeting the skilled workforce needs of employers and inserting and for preparing workers to meet the skilled workforce needs of employers and to enter and remain in unsubsidized employment2 and 7,,ii7 by striking and at the end2 7v7 in subparagraph 7,f71 as so redesignated1 by striking the period at the end and inserting a semicolon2 and 7vi7 by adding at the end the following3 7,g7 a description of activities the ,state is conducting to expand economic opportunity for individuals and reduce barriers to labor market entry by-- 7i7 developing1 in cooperation with employers1 education and training providers1 and other stakeholders1 statewide skills-based initiatives that promote the use of demonstrated skills and competencies as an alternative to the exclusive use of degree attainment as a requirement for employment or advancement in a career2 and 7ii7 evaluating the existing occupational licensing policies in the ,state and identifying potential changes to recommend to the appropriate ,state entity to-- 7,i7 remove or streamline licensing requirements1 as appropriate2 and 7,,ii7 improve the reciprocity of licensing1 including through participating in interstate licensing compacts2 7,h7 an analysis of the out-of-school youth population in the ,state1 including the estimated number of out-of-school youth and any gaps in services provided to such population by other existing workforce development activities1 as identified under subparagraph 7,d72 7,i7 a description of the availability of apprenticeship and pre-apprenticeship programs in the ,state and the providers of such programs1 including any that serve youth2 and 7,j7 a description of any strategies the ,state will use to prioritize the funding of evidence-based programs through the funds available for statewide workforce development activities described in section #abh7;a74 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,b71 by striking including a description and inserting which may include a description2 7ii7 in subparagraph 7,c77viii71 by striking necessary for effective ,state operating systems and policies and inserting useful to ,states to be included in the ,state plan1 on an optional basis2 7iii7 in subparagraph 7,d77i7-- 7,i7 in subclause 7,,ii71 by striking any2 and 7,,ii7 in subclause 7,,iv71 by striking section #aba7;h77#b77;,e7 and inserting section #aba7;h77#a77;,e72 and 7iv7 in subparagraph 7,e7-- 7,i7 in clause 7iv71 by striking #aaf7;i7 and inserting #aaf7;j72 and 7,,ii7 in clause 7x71 by striking necessary for the administration of the core programs and inserting useful to ,states to be included in the ,state plan1 on an optional basis2 and 7#b7 in subsection 7c77#c7-- 7,a7 in subparagraph 7,a71 by striking shall the second place it appears and inserting may2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking required2 and 7ii7 by inserting 1 except that communicating changes in economic conditions and workforce trends to the workforce system in the ,state as described in subsection 7b77#a77;,c7 shall not be considered modifications subject to approval under this paragraph before the period at the end4 #b ,local provisions #aae4 ,workforce development areas 7a7 ,regions ,section #ajf7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caba7;a77 is amended by adding at the end the following3 7#c7 ,review ,before the second full program year after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 in order for a ,state to receive an allotment under section #abg7;b7 or #acb7;b7 and as part of the process for developing the ,state plan1 a ,state shall-- 7,a7 review each region in the ,state identified under this subsection 7as such subsection was in effect on the day before the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf72 and 7,b7 after consultation with the local boards and chief elected officials in the local areas and consistent with the considerations described in subsection 7b77#a77;,b7-- 7i7 revise such region and any other region impacted by such revision2 or 7ii7 make a determination to maintain such region with no revision4 4 7b7 ,local areas ,section #ajf7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caba7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking subsection 7d71 and consistent with paragraphs 7#b7 and 7#c71 and inserting subsection 7d72 and 7,b7 in subparagraph 7,b71 by striking 7except for those local areas described in paragraphs 7#b7 and 7#c772 and 7#b7 by striking paragraphs 7#b7 through 7#g71 and inserting the following3 7#b7 ,continuation period ,except as provided in paragraph 7#e7 of this subsection and subsection 7d71 in order to receive an allotment under section #abg7;b7 or #acb7;b71 the ,governor shall maintain the designations of local areas in the ,state under this subsection 7as in effect on the day before the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf7 until the end of the third full program year after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf4 7#c7 ,initial alignment review 7,a7 ,in general ,prior to the third full program year after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 the ,governor shall-- 7i7 review the designations of local areas in the ,state 7as in effect on the day before the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf72 and 7ii7 7,i7 based on the considerations described in paragraph 7#a77;,b71 issue proposed redesignations of local areas in the ,state through the process described in paragraph 7#a77;,a71 which shall-- 7aa7 include an explanation of the strategic goals and objectives that the ,state intends to achieve through such redesignations2 and 7bb7 be subject to the approval of the chief elected officials of the local areas in the ,state in accordance with the process described in subparagraph 7,c72 or 7,,ii7 with respect to a ,state described in subsection 7d77#b77;,b71 if the ,governor determines that such ,state should be designated as a single ,state local area1 conduct a process in accordance with the requirements of subsection 7d77#b74 7,b7 ,designation of local areas ,a redesignation of local areas in a ,state that is approved by a majority of the chief elected officials of the local areas in the ,state through the process described in subparagraph 7,c7 shall take effect on the first day of the #dth full program year after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf4 7,c7 ,process to reach majority approval ,to approve a designation of local areas in the ,state1 the chief elected officials of the local areas in the ,state shall comply with the following3 7i7 ,initial vote ,not later than #fj days after the ,governor issues proposed redesignations under subparagraph 7,a71 the chief elected official of each local area shall review the proposed redesignations and submit a vote to the ,governor either approving or rejecting the proposed redesignations4 7ii7 ,results of initial vote ,if a majority of the chief elected officials of the local areas in the ,state vote under clause 7i7-- 7,i7 to approve such proposed redesignations1 such redesignations shall take effect in accordance with subparagraph 7,b72 or 7,,ii7 to disapprove such proposed redesignations1 the chief elected officials of the local areas in the ,state shall comply with the requirements of clause 7iii74 7iii7 ,alternate redesignations ,in the case of the disapproval described in clause 7ii77,,ii71 not later than #abj days after the ,governor issues proposed redesignations under subparagraph 7,a71 the chief elected officials of the local areas in the ,state shall-- 7,i7 select #b alternate redesignations of local areas-- 7aa7 one of which aligns with the regional economic development areas in the ,state2 and 7bb7 one of which aligns with the regions described in subparagraph 7,a7 or 7,b7 of subsection 7a77#b72 and 7,,ii7 conduct a vote to approve1 by majority vote1 #a of the #b alternate redesignations described in subclause 7,i74 7iv7 ,effective date of alternate designations ,the alternate redesignations approved pursuant to clause 7iii77,,ii7 shall take effect in accordance with subparagraph 7,b74 7#d7 ,subsequent alignment reviews ,on the date that is the first day of the #abth full program year after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 and every #h years thereafter1 the ,governor shall-- 7,a7 review the designation of local areas2 and 7,b7 carry out the requirements of paragraph 7#c77;,a77ii71 except that any redesignation of local areas in a ,state that is approved by a majority of the chief elected officials of the local areas in the ,state through the process described in paragraph 7#c77;,c7 shall take effect on the first day of the next full program year after the ,governor's review pursuant to this paragraph4 7#e7 ,interim revisions 7,a7 ,approval of certain redesignation requests 7i7 ,in general ,at any time1 and notwithstanding the requirements of paragraphs 7#b71 7#c71 and 7#d71 the ,governor1 upon receipt of a request for a redesignation of a local area described in clause 7ii71 may approve such request4 7ii7 ,requests ,the following requests may be approved pursuant to clause 7i7 upon request3 7,i7 ,a request from multiple local areas to be redesignated as a single local area4 7,,ii7 ,a request from multiple local areas for a revision to the designations of such local areas1 which would not impact the designations of local areas that have not made such request4 7,,iii7 ,a request for designation as a local area from an area described in section #ajg7;c77#a77;,c74 7,b7 ,other redesignations ,other than the redesignations described in subparagraph 7,a71 the ,governor may only redesignate a local area outside of the process described in paragraphs 7#c7 and 7#d71 if the local area that will be subject to such redesignation has not-- 7i7 performed successfully2 7ii7 sustained fiscal integrity2 or 7iii7 in the case of a local area in any planning region described in subparagraph 7,b7 or 7,c7 of subsection 7a77#b71 met the requirements described in subsection 7c77#a74 7,c7 ,effective date ,any redesignation of a local area approved by the ,governor under subparagraph 7,a7 or 7,b7 shall take effect on the first date of the first full program year after such date of approval4 7#f7 ,appeals 7,a7 ,in general ,the chief elected official of a local area that is subject to a redesignation of such local area under paragraph 7#c71 7#d71 or 7#e7 may submit an appeal to maintain its existing designation to the ,state board under an appeal process established in the ,state plan as specified in section #ajb7;b77#b77;,d77i77,,iii74 7,b7 ,state board requirements ,the ,state board shall grant an appeal to maintain an existing designation of a local area described in subparagraph 7,a7 only if the local board of the local area can demonstrate that the process for redesignation of such local area under paragraph 7#c71 7#d71 or 7#e71 as applicable1 has not been followed4 7,c7 ,secretarial requirements ,if a request to maintain an existing designation as a local area is not granted as a result of such appeal1 the ,secretary1 after receiving a request for review from the local board of such local area and determining that the local board was not accorded procedural rights under the appeals process referred to in subparagraph 7,a71 shall-- 7i7 review the process for the redesignation of the local area under paragraph 7#c71 7#d71 or 7#e71 as applicable2 and 7ii7 upon determining that the applicable process has not been followed1 require that the local area's existing designation be maintained4 7#g7 ,redesignation incentive ,the ,state may provide funding from funds made available under sections #abh7;a77#a7 and #acc7;a77#a7 to provide payments to incentivize-- 7,a7 groups of local areas to request to be redesignated as a single local area under paragraph 7#e77;,a72 or 7,b7 multiple local boards in a planning region to develop an agreement to operate as a regional consortium under subsection 7c77#c74 4 7c7 ,regional coordination ,section #ajf7;c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caba7;c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by redesignating subparagraphs 7,f7 through 7,h7 as subparagraphs 7,g7 through 7,i71 respectively2 and 7,b7 by inserting the following after subparagraph 7,e73 7,f7 the establishment of cost arrangements for services described in subsections 7c7 and 7d7 of section #acd1 including the pooling of funds for such services1 as appropriate1 for the region2 2 7#b7 in paragraph 7#b71 by inserting 1 including to assist with establishing administrative costs arrangements or cost arrangements for services under subparagraphs 7,f7 and 7,g7 of such paragraph after delivery efforts2 7#c7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#d7 by inserting after paragraph 7#b71 as so amended1 the following3 7#c7 ,regional consortiums 7,a7 ,in general ,the local boards and chief elected officials of any local area in any planning region described in subparagraph 7,b7 or 7,c7 of subsection 7a77#b7 may develop an agreement to receive funding under section #abh7;b7 and section #acc7;b7 as a single consortium for the planning region4 7,b7 ,consortium agreements ,if the local boards and chief elected officials develop such an agreement-- 7i7 one of the chief elected officials in the planning region shall designate the fiscal agent for the consortium2 7ii7 the local boards shall develop a memorandum of understanding to jointly administer the activities for the consortium2 and 7iii7 the required activities for local areas under this ,act 7including the required functions of the local boards described in section #ajg7;d77 shall apply to such a consortium as a whole and may not be applied separately or differently to the local areas or local boards within such consortium4 4 7d7 ,single ,state local areas ,section #ajf7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caba7;d77 is amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#b7 by inserting after paragraph 7#a71 the following3 7#b7 ,new designation 7,a7 ,process ,if1 upon a review described in paragraph 7#c77;,a7 or 7#d77;,b7 of subsection 7b7 of a ,state described in subparagraph 7,b7of this paragraph1 the ,governor of such ,state determines1 after consultation with the ,state board1 that such ,state should be designated as a single ,state local area-- 7i7 the ,governor shall propose to the legislature of the ,state to designate such ,state as a single ,state local area2 7ii7 in a case in which the majority of the legislature of the ,state consents to the ,governor's proposed designation-- 7,i7 such designation shall take effect in accordance with subparagraph 7,c72 and 7,,ii7 the ,governor shall identify the ,state as a local area in the ,state plan2 and 7iii7 in a case in which in which the majority of the legislature of the ,state does not so consent to the ,governor's proposed designation1 the designations of the local areas in the ,state shall be maintained and shall be subject to the requirements of subsection 7b77#d74 7,b7 ,state described ,a ,state described in this subparagraph is a ,state that-- 7i7 has not been designated as a single ,state local area under paragraph 7#a72 and 7ii7 7,i7 has a population of less than #e1ajj1jjj1 as determined by the last decennial census preceding such designation2 or 7,,ii7 contains #e or fewer local areas4 7,c7 ,effective date ,notwithstanding subsection 7b77#b71 a designation described in paragraph 7,a7 shall take effect on the later of-- 7i7 the first day of the third full program year after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf2 or 7ii7 the first day of the first full program year following the date on which the ,governor so designates the ,state as a single ,state local area4 7,d7 ,reestablishment of local areas 7i7 ,in general ,at the end of the #e-year period beginning on the date on which a ,state is designated as a single ,state local area under subparagraph 7,a71 the ,secretary shall notify the ,governor of such ,state if1 during such #e-year period1 the average of the overall ,state program scores 7as referred to in section #aaf7;f77#b77 across the adult and dislocated worker programs and youth programs authorized under chapters #b and #c of subtitle ,b are lower than the average of the ,state overall program scores across such programs during the #e-year period for such period ending on the date prior the date on which such ,state was so designated4 7ii7 ,determination after notice 7,i7 ,in general ,if1 after receiving the notice described in clause 7i7 with respect to a ,state1 the ,governor determines-- 7aa7 that the designation of the ,state as a single ,state local area should be maintained1 the ,governor shall comply with subclause 7,,ii7 or 7,,iii71 as appropriate2 or 7bb7 that such designation should not be so maintained1 the ,governor shall reestablish the local areas that comprised the ,state prior to the designation of the ,state as a single ,state local area under subparagraph 7,a71 and such reestablishment shall take effect on the first day of the first full program year after the ,governor receives such notice4 7,,ii7 ,requirements for maintaining designation ,a designation described in subclause 7,i77aa7 with respect to a ,state may only be so maintained if the ,governor-- 7aa7 not later than #ahj days after the date on which ,governor receives the notice described in clause 7i71 issues a public notice of the determination by the ,governor that the designation of such ,state as a single ,state local area should be maintained2 and 7bb7 not later than #a year after the date on which the ,governor issues such public notice1 the ,governor receives the consent of a majority of the legislature of the ,state to so maintain the designation4 7,,iii7 ,failure to meet requirements ,if the ,governor fails to comply with each of the requirements of subclause 7,,ii7 with respect to a ,state-- 7aa7 a designation described in subclause 7,i77aa7 for such ,state may not be so maintained2 and 7bb7 the ,governor shall reestablish the local areas that comprised the ,state prior to the designation of the ,state as a single ,state local area under subparagraph 7,a71 and such reestablishment shall take effect on the first full program year after the date that is #a year after the date on which the ,governor issues the public notice described in subclause 7,,ii77aa7 with respect to the ,state4 4 7e7 ,definition of performed successfully ,section #ajf7;e77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caba7;e77 is amended to read as follows3 7#a7 ,performed successfully ,the term performed successfully1 used with respect to a local area1 means the local area is not subject to corrective action as described in section #aaf7;g77#b7 on the local performance accountability measures for the most recent year for which data are available preceding the determination of performance under this paragraph4 4 #aaf4 ,local workforce development boards 7a7 ,membership ,section #ajg7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cabb7;b77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by striking #bj and inserting #cj2 and 7,b7 in subparagraph 7,c7-- 7i7 in clause 7i71 by inserting after title ,,ii the following3 7such as corrections education programs under such title72 7ii7 in clause 7ii71 by inserting after community colleges the following3 and1 as applicable1 other institutions of higher education2 and 7iii7 by adding at the end the following3 7iv7 may include faculty and staff members working directly with students in providing workforce investment activities through education or training programs that support an industry cluster4 2 and 7#b7 in paragraph 7#d77;,a7-- 7,a7 in clause 7ii71 by striking include and all that follows through the period at the end and inserting the following3 include-- 7,i7 representatives from community-based organizations and other representatives with professional expertise in youth workforce development programs and with a demonstrated record of success in serving eligible youth2 7,,ii7 out-of-school youth1 including youth who are individuals with disabilities2 7,,iii7 at least #a representative of a public or nonprofit agency that serves youth1 including juvenile justice and child welfare agencies1 and at least #a representative of a local public housing authority2 7,,iv7 for a local area in which a ,job ,corps campus 7as such term is defined in section #adb7 is located1 at least #a representative of that campus2 and 7,v7 for a local area in which a ,youth,build program 7as such term is defined in section #aga7;b77 is carried out1 at least #a representative of such program4 2 and 7,b7 by adding at the end the following3 7iv7 ,a standing committee to provide information and to assist with planning1 operational1 and other issues relating to the engagement of representatives of the workforce in the local area1 which-- 7,i7 shall include at least #a representative of local labor organizations or joint labor-management organizations1 including at least #a representative of either of such organizations with special interest or expertise in youth workforce readiness or apprenticeship and pre-apprenticeship programs that serve youth2 and 7,,ii7 may include1 in a local area with a significant number of dislocated workers 7as determined by the local board71 at least #a representative with special interest or expertise in providing supports for finding education1 training1 and employment opportunities for dislocated workers4 7v7 ,a standing committee to provide information and to assist with planning1 operational1 and other issues relating to the engagement of educational entities in the local area1 which shall include1 at a minimum-- 7,i7 at least #a representative of a local educational agency that serves students residing in such local area2 7,,ii7 at least #a representative of institutions of higher education in the local area1 including community colleges in the local area2 and 7,,iii7 at least #a representative of entities administering education and training activities1 including career and technical education programs or after- school and summer learning programs1 in the local area4 7vi7 ,a standing committee to provide information and to assist with planning1 operational1 and other issues relating to the provision of services to offenders1 including pre-release education1 training1 and career services for such individuals1 which shall include-- 7,i7 at least #a offender2 and 7,,ii7 representatives from community-based organizations with special interest or expertise in reentry services for incarcerated individuals and ex-offenders1 including at least #a representative of an organization that is a recipient of a grant under section #agb4 4 7b7 ,functions of local board ,section #ajg7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cabb7;d77 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking section #ajh7;b77#a77;,d7 and inserting #ajh7;b77#a77;,e72 7#b7 in paragraph 7#c71 by inserting 1 including1 to the extent practicable1 local representatives of the core programs and the programs described in section #aba7;b77#a77;,b71 after system stakeholders2 7#c7 in paragraph 7#d7-- 7,a7 in subparagraph 7,b71 by inserting and industry and sector partnerships after intermediaries2 7,b7 in subparagraph 7,c71 by inserting 1 local educational agencies1 community colleges and other institutions of higher education after economic development entities2 and 7,c7 in subparagraph 7,d7-- 7i7 by striking proven and inserting evidence-based2 7ii7 by inserting individual after needs of2 and 7iii7 by inserting from a variety of industries and occupations after and employers2 7#d7 in paragraph 7#e71 by inserting and which1 to the extent practicable1 shall be aligned with career and technical education programs of study 7as defined in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb7c77 offered within the local area before the period at the end2 7#e7 in paragraph 7#f7-- 7,a7 in the heading1 by striking ,,proven and inserting ,,evidence-,,based2 7,b7 in subparagraph 7,a7-- 7i7 by striking proven and inserting evidence-based2 7ii7 by inserting and covered veterans 7as defined in section #dbab7;a77#c77;,a7 of title #ch1 ,united ,states ,code7 after employment2 and 7iii7 by inserting 1 and give priority to covered persons in accordance with section #dbae of title #ch1 ,united ,states ,code after delivery system2 and 7,c7 in subparagraph 7,b71 by striking proven and inserting evidence-based2 7#f7 in paragraph 7#aj77;,c7-- 7,a7 by inserting 1 on the ,state eligible training provider list1 after identify2 and 7,b7 by inserting that operate in or are accessible to individuals after training services2 and 7#g7 in paragraph 7#ab77;,a71 by striking activities and inserting funds allocated to the local area under section #abh7;b7 and section #acc7;b7 for the youth workforce development activities described in section #abi and local employment and training activities described in section #acd7;b71 and the activities4 7c7 ,limitations ,section #ajg7;g77#a77;,d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cabb7;g77#a77;,d77 is amended by striking needed or and inserting the following3 1 that the local board is failing to meet the requirements for eligible providers of training services under section #abb1 or4 #aag4 ,local plan ,section #ajh of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cabc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking section #ajb7;b77#a77;,e7 and inserting section #ajb7;b77#a77;,f72 and 7,b7 by striking shall prepare and inserting may prepare2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by redesignating subparagraphs 7,d71 7,e71 and 7,f7 as subparagraphs 7,e71 7,f71 and 7,h71 respectively2 7ii7 by inserting the following after subparagraph 7,c73 7,d7 a description of-- 7i7 how the local board will use real-time labor market information to continually assess the economic conditions and workforce trends described in subparagraphs 7,a71 7,b71 and 7,c72 and 7ii7 how changes in such conditions or trends will be communicated to jobseekers1 education and training providers1 and employers in the local area2 2 7iii7 in subparagraph 7,f71 as so redesignated1 by striking and at the end2 and 7iv7 by inserting after subparagraph 7,f71 as so redesignated1 the following3 7,g7 an analysis1 which may be conducted in coordination with the ,state1 of the out-of-school youth population in the local area including the estimated number of such youth and any gaps in services for such population from other existing workforce development activities1 as identified under paragraph 7#i71 and a description of how the local board will address any such gaps in services identified in such analysis2 and 2 7,b7 in paragraph 7#b71 by striking section #ajb7;b77#a77;,e7 and inserting 8section #ajb7;b77#a77;,f72 7,c7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking and at the end of clause 7iii72 and 7,,ii7 by adding at the end the following3 7v7 carry out any statewide skills-based initiatives identified in the ,state plan that promote the use of demonstrated skills and competencies as an alternative to the exclusive use of degree attainment as a requirement for employment or advancement in a career2 and 2 and 7ii7 in subparagraph 7,b71 by striking customized training and inserting employer-directed skills development2 7,d7 in paragraph 7#f77;,b71 by inserting 1 such as the use of affiliated sites after means2 7,e7 in paragraph 7#i7-- 7i7 by striking including activities and inserting the following3 including-- 7,a7 the availability of community based organizations that serve youth primarily during nonschool time hours to carry out activities under section #abi2 7,b7 activities 2 7ii7 in subparagraph 7,b71 as so redesignated-- 7,i7 by inserting or evidence-based after successful2 and 7,,ii7 by adding and at the end2 and 7iii7 by adding at the end the following3 7,c7 the availability of preapprenticeship and apprenticeship programs serving youth2 2 7,f7 in paragraph 7#ab71 by inserting including as described in section #acd7;c77#b71 after system12 and 7,g7 in paragraph 7#ac71 by inserting before the semicolon at the end the following3 1 and encourage eligible youth who are enrolled in adult education and literacy activities under title ,,ii to co-enroll in youth workforce investment activities carried out by the local board1 as appropriate4 #c ,performance ,accountability #aai4 ,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,,iv71 by striking secondary school diploma and inserting regular high school diploma2 7iii7 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 #ab months after the quarter in which the participant enters into the education and training program2 and 7iv7 by amending subclause 7,,vi7 to read as follows3 7,,vi7 of the program participants who received training services during a program year1 the percentage of such program participants who participated in on-the-job training1 employer-directed skills development1 incumbent worker training1 or an apprenticeship4 2 7,b7 in clause 7ii7-- 7i7 in subclause 7,,ii7-- 7,i7 by striking fourth and inserting second2 7,,ii7 by inserting 1 and who remain either in such activities or unsubsidized employment during the fourth quarter after exit from the program after the program2 and 7,,iii7 by striking and at the end2 7ii7 in subclause 7,,iii7-- 7,i7 by striking 7,,vi7 and inserting 7,v72 and 7,,ii7 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,,iv7 of the program participants who exited the program during a program year1 the percentage of such program participants who completed1 prior to such exit1 a work experience as described in section #abi7;c77#b77;,c74 2 and 7,c7 in clause 7iii71 by striking secondary school diploma and inserting regular high school diploma2 and 7,d7 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 ,secretary of ,labor shall1 not later than ,january #ae of the year in which such ,state plan is submitted1 for the first #b program years covered by the ,state plan1 and not later than ,january #ae of the second program year covered by the ,state plan1 for the third and fourth program years covered by the ,state plan-- 7aa7 propose to the ,state expected levels of performance1 for each of the corresponding primary indicators of performance for each of the programs described in clause 7ii7 for such ,state1 which 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 expected 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 expected level of performance-- 7,,aa7 accept the expected level of performance as so proposed2 or 7,,bb7 provide a counterproposal for such 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 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 level of performance that is agreed to under clause 7iv74 2 7,b7 in clause 7iv7-- 7i7 in subclause 7,i7-- 7,i7 in the second sentence1 by striking the levels identified in the ,state plan under clause 7iii7 and the factors described in clause 7v7 and inserting the factors described in clause 7v7 and any counterproposal1 and the analysis provided by the ,state with such counterproposal1 described in clause 7iii77,,ii77bb77,,bb72 and 7,,ii7 in the third sentence1 by striking incorporated into the ,state plan and inserting included in the ,state plan1 as described in clause 7iii77,,ii77cc712 and 7ii7 in subclause 7,,ii7-- 7,i7 in the second sentence1 by striking the factors described in clause 7v7 and inserting the factors described in clause 7v7 and any counterproposal1 and the analysis provided by the ,state with such counterproposal1 described in clause 7iii77,,ii77bb77,,bb72 and 7,,ii7 in the third sentence1 by striking incorporated into the ,state plan and inserting included in the ,state plan1 as described in clause 7iii77,,ii77cc712 and 7,c7 in clause 7v77,,ii7-- 7i7 in the matter preceding item 7aa71 by striking based on and inserting based on each consideration that is found to be predictive of performance on an indicator for a program and consists of2 and 7ii7 in item 7bb7-- 7,i7 by striking including and inserting such as2 and 7,,ii7 by striking and welfare dependency and inserting school status1 education level1 highest grade level completed1 low-income status1 and receipt of public assistance4 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 ,templates for performance reports ,not later than #bd months after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 the ,secretary of ,labor shall develop1 or review and modify1 as appropriate1 to comply with the requirements of this subsection1 the templates 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 areas to produce a report on outcomes achieved by the core programs4 ,in developing1 or reviewing and modifying1 such templates1 the ,secretary of ,labor 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 templates under subparagraph 7,a71 the ,secretary of ,labor shall ensure that ,states and local areas1 in producing performance reports for core programs and eligible providers of training services1 collect and report information on common data elements-- 7i7 in a comparable and uniform format2 and 7ii7 using terms that are assigned identical meanings across all such reports4 7,c7 ,additional reporting ,the ,secretary of ,labor-- 7i7 in addition to the information on the common data elements1 may require additional information with respect to any core program as necessary for effective reporting2 and 7ii7 shall periodically review any such requirement for additional information to ensure the requirement is necessary and does not impose an undue reporting burden4 7,d7 ,privacy ,the ,secretary of ,labor shall ensure subparagraph 7,b7 is carried out in a manner that protects and promotes individual privacy and data security1 in accordance with applicable ,federal privacy laws4 7,e7 ,access to wage records 7i7 ,access ,a ,state may facilitate for a local area that meets the requirements of clause 7ii71 for the sole purpose of fulfilling the reporting requirements under this subsection1 access to the quarterly wage records 7excluding such records made available by any other ,state7 of program participants in the local area4 7ii7 ,privacy protections ,to receive access to such quarterly wage records1 the local area shall have demonstrated to the ,state the ability to comply1 and agree to comply1 with all applicable ,federal and ,state requirements relating to the access and use of such quarterly wage records1 including requirements relating to data privacy and cybersecurity4 2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by inserting 1 and aggregated to compare those levels of performance for all individuals with barriers to employment with those levels of performance for all other individuals before the semicolon at the end2 7,b7 in subparagraphs 7,d7 and 7,f71 by striking career and training services1 respectively and inserting career services1 training services1 and supportive services1 respectively2 7,c7 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 median value of the difference between-- 7i7 participant earnings in unsubsidized employment during the #d quarters after program exit2 and 7ii7 participant earnings in the #d quarters prior to entering the program2 2 and 7,d7 in subparagraph 7,l71 as so redesignated-- 7i7 by striking clause 7ii72 and 7ii7 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,a71 by striking 7,l7 and inserting 7,m72 7,b7 in subparagraph 7,b71 by striking and at the end2 7,c7 by redesignating subparagraph 7,c7 as subparagraph 7,f72 and 7,d7 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 7,e7 the percentage of the local area's allocation under section #acc7;b71 if any1 that is spent on incumbent worker training1 disaggregated by whether the amount so spent was spent on the provision of incumbent worker training through contracts or through incumbent worker upskilling accounts described in section #acd7;d77#d77;,e72 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 a provider on the list 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 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 equivalent71 disaggregated by whether such individuals completed the program of study 7or equivalent72 and 7ii7 with respect to all eligible providers of training services under section #abb-- 7,i7 the total number of participants who received training services through each adult and dislocated worker program authorized under chapter #c of subtitle ,b1 disaggregated by the type of entity that provided the training services1 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 training services1 and by whether such participants completed the training services1 during the most recent program year and the #c preceding program years2 7,,iii7 the average cost per participant for the participants who received 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,,iv7 the average of the per-program ratios of median earnings increase for a participant to the total cost of the provider's program1 as described in section #abb7;b77#e77;,b77i77,,iii7 for the participant2 and 7,v7 the number of individuals with barriers to employment served by each adult and dislocated worker program authorized under chapter #c of subtitle ,b1 disaggregated by each subpopulation of such individuals1 and by race1 ethnicity1 sex1 and age2 and 7iii7 to the extent practicable1 with respect to each recognized postsecondary credential on the list of credentials awarded by eligible providers in the ,state described in section #abb7;d77#b7-- 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 who are 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 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 machine readable1 and interoperable data formats that are human readable and machine actionable such that the data from these reports-- 7,i7 are easily understandable2 and 7,,ii7 can be easily included in web-based tools and services supporting search1 discovery1 comparison1 analysis1 navigation1 and guidance2 7ii7 in a printable format2 and 7iii7 in multiple languages1 to the extent practicable4 2 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 shall include1 on the website where the ,state performance reports are required under subparagraph 7,a7 to be made available1 a link to local area performance reports and the eligible provider of training services report for each ,state4 ,such reports shall be made available in each of the formats described in subparagraph 7,a742 and 7,c7 by adding at the end the following3 7,e7 ,rule of construction ,nothing in this subsection shall be construed to require the retroactive collection of information1 from program years prior to the effective date described in section #ejb7;a77#a7 of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 that was not required under this subsection prior to that effective date4 4 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 various 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 7referred to in the regulations carrying out this section as an individual indicator score7 for a core program for any program year1 the ,secretary of ,labor 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 the program year specified in that subclause1 the percentage of each amount that could 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 #e percent and an amount equivalent to the amount reduced shall be returned to the ,secretary of ,labor until such date as the ,secretary of ,labor determines that the ,state meets the ,state adjusted level of performance1 in the case of a failure described in clause 7ii77,,ii71 or has submitted the reports for the appropriate program years1 in the case of a failure described in clause 7ii77,i74 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 ,labor71 such ,state fails to submit a report under subsection 7d7 for any program year2 or 7,,ii7 for a failure under subparagraph 7,a7 that has continued for a second consecutive program 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 core program across all indicators of performance 7referred to in the regulations carrying out this section as an overall ,state program score7 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 indicator of performance across all core programs 7referred to in the regulations carrying out this section as an overall ,state indicator score7 for any program year1 the ,secretary of ,labor 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 program year1 the percentage of each amount that could 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 #h percent and an amount equivalent to the amount reduced shall be returned to the ,secretary of ,labor until such date as the ,secretary of ,labor determines that the ,state meets such ,state adjusted levels of performance4 7#c7 ,limitation ,the total reduction under this subsection to the percentage of each amount that could 7in the absence of this subsection7 be reserved by the ,governor under section #abh7;a77#a7 may not exceed #aj percent for a program year4 7#d7 ,reallotment of reductions 7,a7 ,in general ,the amounts available for reallotment for a program year shall be reallotted to a ,state 7in this paragraph referred to as an eligible ,state7 that-- 7i7 was not subject to a reduction of funds under paragraph 7#a77;,b7 or paragraph 7#b77;,b7 of this subsection for such program year2 7ii7 in the case of amounts available under section #abg7;b77#a77;,c71 was #a of the #e ,states that achieved1 in the most recent program year1 the greatest increase from the prior year to the average of the ,state's adjusted levels of performance across all indicators of performance for the youth program under chapter #b of subtitle ,b2 7iii7 in the case of amounts available under section #acb7;b77#a77;,b71 was #a of the #e ,states that achieved1 in the most recent program year1 the greatest increase from the prior year to the average of the ,state's adjusted levels of performance across all indicators of performance for the adult program under chapter #c of subtitle ,b2 and 7iv7 in the case of amounts available under section #acb7;b77#b77;,b71 was #a of the #e ,states that achieved1 in the most recent program year1 the greatest increase from the prior year to the average of the ,state's adjusted levels of performance across all indicators of performance for the dislocated worker program under chapter #c of subtitle ,b4 7,b7 ,amounts available for reallotment ,in this paragraph1 the term amounts available for reallotment for a program year means the amounts available under section #abg7;b77#a77;,c7 and paragraphs 7#a77;,b7 and 7#b77;,b7 of section #acb7;b7 for such program year which could 7in the absence of the requirements to return funds of paragraph 7#a77;,b7 or paragraph 7#b77;,b7 of this subsection7 have otherwise been reserved under section #abh7;a77#a7 by a ,governor of a ,state for such program year4 7,c7 ,reallotment amounts ,in making reallotments under subparagraph 7,a7 for a program year to eligible ,states1 the ,secretary shall allot to each eligible ,state-- 7i7 in the case of amounts available under section #abg7;b77#a77;,c71 an amount based on the relative amount of the allotment made 7before the reallotments under this paragraph are made7 to such eligible ,state under section #abg7;b77#a77;,c7 for such program year1 compared to the total allotments made 7before the reallotments under this paragraph are made7 to all eligible ,states under section #abg7;b77#a77;,c7 for such program year2 7ii7 in the case of amounts available under paragraph 7#a77;,b7 of section #acb7;b71 an amount based on the relative amount of the allotment made 7before the reallotments under this paragraph are made7 to such eligible ,state under paragraph 7#a77;,b7 of section #acb7;b7 for such program year1 compared to the total allotments made 7before the reallotments under this paragraph are made7 to all eligible ,states under paragraph 7#a77;,b7 of section #acb7;b7 for such program year2 and 7iii7 in the case of amounts available under paragraph 7#b77;,b7 of section #acb7;b71 an amount based on the relative amount of the allotment made 7before the reallotments under this paragraph are made7 to such eligible ,state under paragraph 7#b77;,b7 of section #acb7;b7 for such program year1 compared to the total allotments made 7before the reallotments under this paragraph are made7 to all eligible ,states under paragraph 7#b77;,b7 of section #acb7;b7 for such program year4 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 established under subsection 7c7 and inserting local level of performance established under subsection 7c7 for an indicator of performance described in subsection 7b77#b77;,a7 for a single program1 an average of #ij percent of the local levels of performance across all such indicators for a single program1 or an average of #ij percent of the local levels of performance for a single such 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 such failure1 as described in paragraph 7#a71 for a second consecutive year1 on any single indicator1 across indicators for a single program1 or on a single indicator across programs1 a #e-percent reduction in the amount that would 7in the absence of this clause7 be allocated 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 such 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 delivery system contractors or service providers identified as achieving a poor level of performance2 and 7,,iii7 redesignate a local area 7which may include merging a local area with another local area71 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 taking another significant action 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 ,with respect to any amounts available to carry out section #abh7;b71 paragraph 7#b77;,a7 or 7#c7 of section #acc7;b71 and section #acc7;b77#b77;,b7 to a ,governor for a program year which would 7in the absence of subparagraph 7,a77i77 have otherwise been allocated by such ,governor to a local area 7referred to individually in this subparagraph as an unallocated amount7 for such program year-- 7i7 #aj percent of those #c unallocated amounts shall be reserved by the ,governor to provide technical assistance to local areas within the ,state that were subject to a reduction of allocation amounts pursuant to subparagraph 7,a77i7 for such program year2 and 7ii7 the amounts remaining after the reservations under clause 7i7 shall be reallocated by the ,governor1 to the local areas within the ,state that were not subject to a reduction of allocation amounts pursuant to subparagraph 7,a77i7 for such program year1 in a manner determined by the ,governor1 which may take into consideration the extent to which local areas serve a significant number1 as determined by the ,governor1 of individuals with barriers to employment4 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 not more than #e percent of the funds reserved under section #abh7;a77#a74 7g7 ,information and technical assistance ,section #aaf of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7 is amended-- 7#a7 by redesignating subsection 7i7 as subsection 7j72 and 7#b7 by inserting after subsection 7h7 the following3 7i7 ,information and technical assistance ,beginning not later than #ab months after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 the ,secretary of ,labor shall hold meetings with each ,state board and ,state agency that administers a core program1 and that requests such a meeting1 to provide information and technical assistance concerning the performance accountability measures established in accordance with subsection 7b71 and related requirements for ,states under this section4 4 7h7 ,fiscal and management accountability information systems ,section #aaf7;j7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7;j771 as so redesignated1 is amended-- 7#a7 in the first sentence of 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 of this section 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 notifying ,state agencies that administer core programs and eligible providers of training services of the ,state's procedures for 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 7i7 ,implementation of performance accountability measures ,section #aaf of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7 is amended by adding at the end the following3 7k7 ,implementation of performance accountability measures ,not later than #bd months after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 the ,secretary of ,labor shall fully implement the requirements of this section for programs described in subsection 7b77#c77;,a77iv71 including-- 7#a7 developing and disseminating the objective statistical adjustment model framework described in subsection 7b77#c77;,a77viii7 and using the model as described in subsection 7b77#c77;,a77viii7 for each program2 and 7#b7 notifying the ,state agencies carrying out such programs of the performance accountability measures established under this section1 of the reporting and evaluation requirements for such programs1 and of the sanctions requirements for programs that fail to meet ,state adjusted levels of performance under subsection 7b77#c77;,a77iv74 4 ,c ,workforce ,investment ,activities and ,providers #a ,workforce ,investment ,activities and ,providers #aba4 ,establishment of one-stop delivery systems 7a7 ,one-,stop partners ,section #aba7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b7-- 7i7 in clause 7xi71 by inserting and at the end2 7ii7 by striking clause 7xii72 and 7iii7 by redesignating clause 7xiii7 as clause 7xii72 and 7,b7 in subparagraph 7,c71 by striking subparagraph 7,b77xiii7 and inserting subparagraph 7,b77xii72 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking ,with and inserting ,at the direction of the ,governor or with2 and 7,b7 in subparagraph 7,b7-- 7i7 in clause 7vi71 by striking and at the end2 7ii7 by redesignating clause 7vii7 as clause 7viii72 7iii7 by inserting after clause 7vi7 the following3 7vii7 any applicable economic development and workforce development programs carried out in the ,state-- 7,i7 by the ,economic ,development ,administration2 7,,ii7 under ,public ,law #aag-afg 7commonly known as the ,,chips and ,science ,act of #bjbb72 7,,iii7 under the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh72 or 7,,iv7 under ,public ,law #aag-afh 7commonly known as the ,inflation ,reduction ,act of #bjbb72 and 2 and 7iv7 in clause 7viii71 as so redesignated-- 7,i7 by inserting out-of-school youth services1 after education12 and 7,,ii7 by inserting 1 by community-based organizations1 after libraries4 7b7 ,memorandum of understanding ,section #aba7;c77#b77;,a77iv7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea7;c77#b77;,a77iv77 is amended by striking access to services1 including access to technology and materials1 made and inserting access or referral to services1 including access or referral to technology1 materials1 and other supportive services1 made4 7c7 ,one-,stop operators ,section #aba7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea7;d77 is amended-- 7#a7 in paragraph 7#a71 by striking paragraphs 7#b7 and 7#c7 and inserting paragraphs 7#b7 and 7#e72 7#b7 in paragraph 7#b77;,b7-- 7,a7 in the matter preceding clause 7i71 by inserting 7including effectiveness in serving individuals with barriers to employment7 after demonstrated effectiveness2 7,b7 in clause 7i71 by inserting after education the following3 or an area career and technical education school2 7,c7 in clause 7v71 by striking and2 7,d7 by redesignating clause 7vi7 as clause 7viii72 7,e7 by inserting after clause 7v7 the following3 7vi7 a public library2 7vii7 a local board that meets the requirements of paragraph 7#d72 and 2 and 7,f7 in clause 7viii71 as so redesignated1 by inserting after labor organization the following3 or joint labor-management organization2 7#c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#e7 and 7#f71 respectively2 and 7#d7 by inserting after paragraph 7#b7 the following3 7#c7 ,responsibilities 7,a7 ,in general ,in operating a one-stop delivery system referred to in subsection 7e71 a one-stop operator-- 7i7 shall-- 7,i7 manage operations of the one-stop delivery system in the local area2 7,,ii7 facilitate coordination among the one-stop partners in such one-stop delivery system2 and 7,,iii7 take the necessary steps to ensure efficient and effective service delivery for individuals served by the one-stop delivery system1 including individuals with barriers to employment2 and 7ii7 may1 subject to the requirements under subparagraph 7,b71 directly provide services to job seekers and employers4 7,b7 ,internal controls ,in a case in which a one-stop operator seeks to operate as a service provider pursuant to subparagraph 7,a77ii71 the local board shall establish internal controls 7which shall include written policies and procedures7-- 7i7 with respect to the competition in which the one-stop operator will compete to be selected as such service provider1 and the subsequent oversight1 monitoring1 and evaluation of the performance of such one-stop operator as such service provider2 and 7ii7 which require compliance with-- 7,i7 relevant ,office of ,management and ,budget circulars relating to conflicts of interest2 and 7,,ii7 any applicable ,state conflict of interest policy4 7#d7 ,local boards as one-stop operators ,subject to approval from the chief elected official and ,governor and in accordance with any other eligibility criteria established by the ,state1 a local board may serve as a one-stop operator1 if the local board-- 7,a7 enters into a written agreement with the chief elected official that clarifies how the local board will carry out the functions and responsibilities as a one-stop operator in a manner that complies with the appropriate internal controls to prevent any conflicts of interest1 which shall include how the local board1 while serving as a one-stop operator1 will-- 7i7 comply with the relevant ,office of ,management and ,budget circulars relating to conflicts of interest2 and 7ii7 any applicable ,state conflict of interest policy2 and 7,b7 complies with the other applicable requirements of this subsection4 4 7d7 ,one-,stop delivery ,section #aba7;e7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea7;e77 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 to read as follows3 7,a7 shall make each of the programs1 services 7meaning a referral in the case of supportive services1 for the purposes of this paragraph71 and activities described in paragraph 7#a7 available-- 7i7 at not less than #a physical or virtual center for each local area of the ,state1 except that local areas may share-- 7,i7 a virtual center1 if the local area complies with subparagraph 7,e72 or 7,,ii7 a physical center1 if such center is located in a location that promotes accessibility to services for individuals residing in all such local areas served by the center2 and 7ii7 in a manner that is designed to promote efficiency1 coordination1 quality1 and accessibility for individuals with barriers to employment1 as determined by the local board1 in the delivery of such programs1 services1 and activities2 2 7,b7 in subparagraph 7,b77i71 by inserting after affiliated sites the following3 7such as a site of any of the entities described in subsection 7d77#b77;,b772 7,c7 in subparagraph 7,c7-- 7i7 by inserting after centers the following3 7which may be virtual or physical centers72 and 7ii7 by striking and at the end2 7,d7 in subparagraph 7,d7-- 7i7 by striking as applicable and practicable1 shall and inserting in the case of a one-stop delivery system that is making each of the programs1 services1 and activities described in paragraph 7#a7 accessible at not less than #a physical center1 as described in subparagraph 7,a77i71 shall1 in accordance with the regulations issued pursuant to paragraph 7#e712 and 7ii7 by striking the period at the end and inserting 1 and local areas that share at least #a common border may coordinate in making such programs1 services1 and activities accessible through electronic means through such a one-stop delivery system2 and2 and 7,e7 by inserting after subparagraph 7,d7 the following3 7,e7 in the case of a one-stop delivery system that is making each of the programs1 services1 and activities accessible through electronic means1 as described in subparagraph 7,a77i71 shall-- 7i7 have not fewer than #b affiliated sites 7not fewer than #a of which will have not fewer than #a professional staff member7 with a physical location where individuals can access1 virtually1 each of the programs1 services1 and activities described in paragraph 7#a7 that are virtually accessible2 and 7ii7 comply with the regulations issued pursuant to paragraph 7#e74 2 7#b7 in paragraph 7#d71 by inserting after the first sentence the following3 ,the system identifier shall be prominently and visibly displayed at each comprehensive and specialized one-stop center operated by the one-stop delivery system1 including physical and virtual centers identified in paragraph 7#b77;,a71 and the sites and centers described in subparagraphs 7,b7 through 7,e7 of paragraph 7#b742 and 7#c7 by adding at the end the following3 7#e7 ,minimum digital functionality regulations ,the ,secretary shall issue regulations to establish minimum digital functionality requirements with respect to the one-stop delivery system4 4 7e7 ,certification and improvement criteria ,section #aba7;g77#b77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea7;g77#b77;,a77 is amended by striking under subsections 7h77#a7 and inserting under subsections 7h77#a77;,c74 7f7 ,funding of ,one-,stop infrastructure ,section #aba7;h7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea7;h77 is amended-- 7#a7 by striking paragraph 7#a72 7#b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#a7 and 7#b71 respectively2 7#c7 in paragraph 7#a71 as so redesignated-- 7,a7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,partner contributions ,subject to subparagraph 7,d71 the covered portions of funding for a fiscal year shall be provided to the ,governor from the programs described in subsection 7b77#a7 to pay the costs of infrastructure of one-stop centers in local areas of the ,state4 2 7,b7 in subparagraph 7,c77i7-- 7i7 by striking for funding pursuant to clause 7i77,,ii7 or 7ii7 of paragraph 7#a77;,a7 by each partner12 and 7ii7 by striking the third sentence2 and 7,c7 in subparagraph 7,d7-- 7i7 in clause 7ii71 by striking ,for local areas in a ,state that are not covered by paragraph 7#a77;,a77i77,i71 the and inserting ,the2 7ii7 in clause 7ii7-- 7,i7 in subclause 7,i7-- 7aa7 by striking ,wia in the header and inserting ,wioa2 and 7bb7 by striking #c percent and inserting #e percent2 and 7,,ii7 by striking subclause 7,,iii7 and inserting the following3 7,,iii7 ,vocational rehabilitation ,notwithstanding subclauses 7,i7 and 7,,ii71 an entity administering a program described in subsection 7b77#a77;,b77iii7 shall not be required to provide from that program1 under this paragraph1 a portion that exceeds #a4e percent of the amount of ,federal funds provided to carry out such program in the ,state for a program year4 2 and 7iii7 in clause 7iii71 by striking ,for local areas in a ,state that are not covered by paragraph 7#a77;,a77i77,i71 an and inserting ,an2 7#d7 in paragraph 7#b71 as so redesignated-- 7,a7 in subparagraph 7,a71 by striking purposes of assisting in and inserting purpose of2 and 7,b7 in subparagraph 7,b7-- 7i7 in the first sentence1 by striking not funding costs of infrastructure under the option described in paragraph 7#a77;,a77i77,i72 and 7ii7 in the second sentence1 by inserting after local area1 the following3 the intensity of services provided by such centers1 the number and types of one-stop partners engaged by or providing services through such centers2 7#e7 by inserting after paragraph 7#b71 as so redesignated1 the following3 7#c7 ,supplemental infrastructure funding ,for any fiscal year in which the allocation received by a local area under paragraph 7#b7 is insufficient to cover the total costs of infrastructure of one-stop centers in such local area1 the local board1 the chief elected official1 and the one-stop partners that have entered into the local memorandum of understanding with the local board under subsection 7c7 may agree to fund1 using ,federal or other funds1 the remainder of any such costs using a method described in such memorandum4 2 and 7#f7 in paragraph 7#d71 by inserting after operation of the one-stop center the following3 7whether for in-person or virtual service delivery74 7g7 ,other funds ,section #aba7;i77#b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea7;i77#b77 is amended by striking intake1 and all that follows through skills1 and inserting intake1 case management1 assessment of needs1 appraisal of foundational skill needs14 #abb4 ,identification of eligible providers of training services 7a7 ,in general ,section #abb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7 is amended-- 7#a7 by redesignating subsections 7f7 through 7i7 as subsections 7g7 through 7j71 respectively2 7#b7 by striking the section heading and all that follows through subsection 7e7 and inserting the following3 #abb4 ,identification of eligible providers of training services 7a7 ,eligibility 7#a7 ,in general ,except as provided in subsection 7i71 the ,governor1 after consultation with the ,state board and considering the ,state's adjusted levels of performance described in section #aaf7;b77#c77;,a77iv71 shall establish-- 7,a7 procedures regarding the eligibility of providers of training services to receive funds provided under section #acc7;b7 for the provision of training services through programs with eligibility under this section 7in this section referred to as eligible programs7 in local areas in the ,state2 and 7,b7 the minimum levels of performance on the criteria for a program to receive such eligibility4 7#b7 ,providers ,subject to the provisions of this section1 to be eligible to receive those funds for the provision of training services1 the provider shall be-- 7,a7 an institution of higher education that provides a program that leads to a recognized postsecondary credential2 7,b7 an entity that carries out programs registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq472 or 7,c7 another public or private provider of a program of training services1 which may include joint labor-management organizations1 providers of entrepreneurial skills development programs1 industry or sector partnerships1 groups of employers1 trade or professional associations1 and eligible providers of adult education and literacy activities under title ,,ii 7if such activities are provided in combination with occupational skills training or integrated education and training programs74 7#c7 ,inclusion in list of eligible providers 7,a7 ,compliance with additional criteria1 information requirements and procedures ,a provider described in subparagraph 7,a7 or 7,c7 of paragraph 7#b7 7other than a provider described in subparagraph 7,b77ii7 of this paragraph7 shall comply with the criteria1 information requirements1 and procedures established under this section to be included on the list of eligible providers of training services described in subsection 7d74 7,b7 ,automatic inclusion 7i7 ,providers of registered apprenticeship programs ,a provider described in paragraph 7#b77;,b7 shall be included and maintained on the list of eligible providers of training services described in subsection 7d7 for so long as the corresponding program of the provider remains registered as described in paragraph 7#b77;,b74 7ii7 ,providers of ,workforce ,pell ,programs ,with respect to a provider described in paragraph 7#b77;,a7 that provides an eligible program for purposes of the ,workforce ,pell ,grant program under section #dja7k7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7k771 as added by section #hcjjb7;a7 of ,public ,law #aai-ba1 such provider shall be included and maintained on the list of eligible providers of training services described in subsection 7d7 for so long as the provider provides such eligible program4 7b7 ,criteria and information requirements 7#a7 ,general criteria for programs ,each provider shall demonstrate to the ,governor that the program for which the provider is seeking eligibility under this section-- 7,a7 prepares participants to meet the hiring requirements of potential employers in the ,state1 or a local area within the ,state1 for employment that-- 7i7 is high-skill and high-wage2 or 7ii7 is in an in-demand industry sector or occupation2 7,b7 leads to a recognized postsecondary credential2 7,c7 has been offered by the provider for not less than #a year2 and 7,d7 meets the performance requirements for eligibility described in paragraph 7#b74 7#b7 ,performance criteria for eligibility 7,a7 ,in general ,the ,governor shall-- 7i7 establish and publicize minimum levels of performance for each of the criteria listed in subparagraph 7,b7 that a program offered by a provider of training services shall achieve1 for all participants in the program 7including participants for whom the provider receives payments under this title7 for the program to receive and maintain eligibility under this section2 7ii7 verify the performance achieved by such a program with respect to each such criterion to determine whether the program meets the corresponding minimum level of performance established under clause 7i7-- 7,i7 in the case of the criteria described in 7ii7 through 7iv7 of subparagraph 7,b71 using ,state administrative data 7such as quarterly wage records72 and 7,,ii7 in the case of the criteria described in subparagraph 7,b77i71 using any applicable method for such verification2 and 7iii7 in verifying the performance achievement of a program to make such determination1 verify that such program included a sufficient number of program participants to protect participants' personally identifiable information1 and to provide information that is a reliable indicator of performance achievement4 7,b7 ,performance criteria ,the performance criteria to receive and maintain eligibility for a program under this section are each of the following3 7i7 ,the credential attainment rate of program participants 7calculated as the percentage of program participants who obtain the recognized postsecondary credential that the program prepares participants to earn within #f months after exit from the program74 7ii7 ,the job placement rate of program participants 7calculated as the percentage of program participants in unsubsidized employment during the second quarter after exit from the program74 7iii7 ,the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program4 7iv7 ,the ratio of median earnings increase to the total cost of program1 calculated as the ratio of-- 7,i7 the median value of the difference between-- 7aa7 participant wages from unsubsidized employment during the second quarter after program exit2 and 7bb7 participant wages during the quarter prior to entering the program2 to 7,,ii7 the total cost of the program 7as described in paragraph 7#e77;,b77i77,,iii774 7,c7 ,local criteria ,with respect to any program receiving eligibility under this section from a ,governor1 a local board in the ,state may require higher levels of performance than the minimum levels of performance established by the ,governor under this paragraph for the program to be an eligible program in the corresponding local area1 but may not-- 7i7 require any information or application from the provider that is not required for such eligibility2 or 7ii7 establish a performance requirement with respect to any criterion not listed in subparagraph 7,b74 7#c7 ,employer-sponsored or industry or sector partnership designation 7,a7 ,in general ,the ,governor shall establish procedures and criteria for a provider to demonstrate that a program meets1 in applying for an employer-sponsored designation for a program that has received eligibility under this subsection1 which shall include demonstrating a commitment from an employer or an industry or sector partnership to-- 7i7 pay to the provider1 on behalf of each participant enrolled in such program under this ,act1 not less than #be percent of the total cost of the program 7as described in paragraph 7#e77;,b77i77,,iii771 which shall be provided in lieu of #be percent of the amount that the provider would have otherwise received under section #acc7;b7 for the provision of training services by such program to such participant2 and 7ii7 guarantee an interview and meaningful consideration for a job with the employer1 or in the case of an industry or sector partnership1 an employer within such partnership1 for each such participant that successfully completes the program4 7,b7 ,restriction on financial arrangement ,a provider of a program receiving an employer-sponsored designation under this paragraph may not-- 7i7 have an ownership stake in the employer or industry or sector partnership making a commitment described in subparagraph 7,a72 or 7ii7 enter into an arrangement to reimburse an employer or partnership for the costs of a participant paid by such employer or partnership under this paragraph4 7#d7 ,workforce innovation leader designation 7,a7 ,in general ,if the ,governor determines that a program offered by an eligible provider meets the minimum levels of performance described in subparagraph 7,b7 to receive a ,workforce ,innovation ,leader 7or ,,wil7 designation1 which designates the program as a ,,wil program1 the ,governor shall grant the program designation as a ,,wil program and inform the provider of such program of their ability to display the ,,wil seal1 as described in subparagraph 7,c71 in marketing materials4 7,b7 ,levels ,a eligible program shall meet the levels of performance to receive a ,,wil designation if such program has achieved-- 7i7 a credential attainment rate of program participants 7calculated as the percentage of program participants who obtain the recognized postsecondary credential that the program prepares participants to earn within #f months after exit from the program7 of not less than #hj percent2 7ii7 a job placement rate of program participants 7calculated as the percentage of program participants in unsubsidized employment during the second quarter after exit from the program7 of not less than #gj percent2 7iii7 median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program that are not less than #be percent greater than the ,state-level median earnings of individuals ages #be through #cd in the labor force who have only a regular high school diploma or its recognized equivalent2 and 7iv7 a ratio of greater than #a4e of median earnings increase to the total cost of program1 calculated as the ratio of-- 7,i7 the median value of the difference between-- 7aa7 participant wages from unsubsidized employment during the second quarter after program exit2 and 7bb7 participant wages during the quarter prior to entering the program2 to 7,,ii7 the total cost of the program 7as described in paragraph 7#e77;,b77i77,,iii774 7,c7 ,,wil seal ,not later than #b years after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 the ,secretary shall design a seal signifying that a program has achieved a ,,wil designation1 for the ,governor of each ,state to provide to any programs in their ,state that achieve the performance necessary to receive a ,,wil designation4 7,d7 ,loss of wil designation ,if1 during the annual review of eligibility described in subsection 7c77#c71 the ,governor determines that a ,,wil program no longer meets the levels described in subparagraph 7,b7 or otherwise has eligibility under this section revoked or terminated1 or the provider of the program has eligibility terminated under subsection 7g77#a77;,a71 the ,governor shall revoke the program's ,,wil designation and inform the provider of such program that such provider may no longer display the ,,wil seal in marketing materials or otherwise4 7#e7 ,information requirements ,a provider that seeks to establish eligibility under this section1 and an eligible provider1 shall submit appropriate1 accurate1 and timely information to the ,governor1 to enable the ,governor to carry out subsection 7d71 with respect to all participants in each eligible program 7including participants for whom the provider receives payments under this title7 offered by the provider1 which information shall-- 7,a7 be made available by the ,state in a common1 linked1 open1 and interoperable data format2 and 7,b7 consist of-- 7i7 information on-- 7,i7 in the case of an eligible provider offering a program who is seeking to maintain eligibility1 the performance of the program with respect to the indicators described in section #aaf7;b77#b77;,a7 for participants in the program2 7,,ii7 the recognized postsecondary credentials received by such participants1 including1 in relation to each such credential1 the issuing entity1 any third-party endorsements1 the occupations for which the credential prepares individuals1 the competencies achieved by the individuals1 the level of mastery of such competencies 7including how mastery is assessed7 achieved by the individuals1 and any transfer value or stackability2 7,,iii7 the total cost of the program1 including the costs of the published tuition and fees1 supplies1 and books1 and any other costs required by the provider1 for a participant in the program2 7,,iv7 the percentage of such participants that complete the program within the expected time to completion2 and 7,v7 the program's level of performance on the criteria described in paragraph 7#b7 and not otherwise included in clause 7,i7 of this clause2 and 7ii7 with respect to employment and earnings measures described in subclauses 7,i7 through 7,,iii7 of section #aaf7;b77#b77;,a77i7 and the performance criteria described in subsection 7b77#b7 for such participants-- 7,i7 the necessary information for the ,state to develop program performance data using ,state administrative data 7such as quarterly wage records72 and 7,,ii7 the necessary information to determine the percentage of such participants who entered unsubsidized employment in an occupation related to the program1 to the extent practicable4 7#f7 ,eligible provider ,in this section1 other than subsection 7i71 a provider of an eligible program under this section shall be considered to be identified as an eligible provider of training services4 7c7 ,procedures 7#a7 ,application procedures ,the procedures established under subsection 7a7 shall identify the application process for a provider of training services 7for a program offered by the provider7 to become eligible to receive funds provided under section #acc7;b7 for the provision of training services4 ,that process shall be implemented in a manner that minimizes the financial and administrative burden on the provider and shall not require the submission of information in excess of the information required to determine a program's eligibility under paragraphs 7#a71 7#b71 and 7#e7 of subsection 7b74 ,the procedures shall identify the respective roles of the ,state and local areas in receiving and reviewing the applications and in making determinations of such eligibility based on the criteria1 information requirements1 and procedures established under this section4 ,the procedures shall also establish a process1 for a provider of training services to appeal a denial or revocation or termination of eligibility under this section1 that includes an opportunity for a hearing and prescribes appropriate time limits to ensure prompt resolution of the appeal4 7#b7 ,approval ,a ,governor shall make a determination of such eligibility with respect to a program for which the provider is seeking eligibility under this section not later than #cj days after receipt of an application submitted by such provider consistent with the procedures in paragraph 7#a74 7#c7 ,renewal procedures ,the procedures established by the ,governor shall also provide for annual review and renewal of eligibility under this section for a program of training services that continues to meet the requirements under paragraphs 7#a71 7#b71 and 7#e7 of subsection 7b74 7#d7 ,revocation of eligibility ,the procedures established under subsection 7a7 shall adhere to the following requirements for revocation of eligibility by the ,governor3 7,a7 ,failure to provide required information ,with respect to a provider of training services that is eligible under this section for a program year with respect to an eligible program1 but that does not provide the information described in subsection 7b77#e7 with respect to such program for such program year 7including information on performance necessary to determine if the program meets the minimum levels of performance on the performance criteria to maintain eligibility71 the provider shall be ineligible under this section with respect to such program for the program year after the program year for which the provider fails to provide such information4 7,b7 ,failure to meet performance criteria 7i7 ,first year ,the provider of an eligible program that has received eligibility under subsection 7c77#b7 for a program year but fails to meet the minimum levels of performance on the performance criteria described in subsection 7b77#b7 for the most recent program year for which performance data on such criteria are available shall be notified of such failure by the ,governor4 7ii7 ,second consecutive year ,a program that fails to meet the minimum levels of performance for a second consecutive program year shall be ineligible under this section with respect to such program for the program year following such second consecutive program year and until the program meets the minimum levels of performance4 7iii7 ,reapplication ,a provider that loses eligibility under this subparagraph with respect to a program may reapply to receive eligibility for the program according to the procedures described in this subparagraph if the program meets the minimum levels of performance described in clause 7i71 for the most recent program year for which performance data on the performance criteria are available4 7,c7 ,repeated failure ,a program for which the ,governor revokes eligibility under subparagraph 7,a7 or 7,b7-- 7i7 #b times shall be determined ineligible under this section by the ,governor for a period of at least #b years2 7ii7 #c times shall be determined ineligible under the section by the ,governor for a period of at least #e years2 and 7iii7 more than #c times shall be determined ineligible under this section by the ,governor for a period of at least #aj years4 7#e7 ,continuity of training services ,a provider of a program for which the ,governor revokes eligibility under paragraph 7#d7 shall-- 7,a7 be prohibited from enrolling any new participants whose participation would be funded under section #acc7;b7 in the program and from receiving any payments from funds provided under section #acc7;b7 for any participants not already enrolled in the program on the date of revocation or termination until and unless the ,governor determines that the provider has demonstrated that the program offered by the provider has met the requirements for the provider to gain the opportunity to reapply for eligibility under the procedure described in paragraph 7#d77;,b77iii72 and 7,b7 enable each participant currently enrolled in the program1 on the date of the revocation or termination1 to complete such program4 7#f7 ,notification of program loss of eligibility ,the local board serving participants whose participation is funded under section #acc7;b7 in a program for which eligibility is revoked by the ,governor under this subsection shall notify such participants that such program no longer meets the ,state's requirements for eligible providers of training services under this ,act and that the participant has the opportunity to continue receiving training services from such program1 in order to complete the program4 7#g7 ,multistate providers ,the procedures established under subsection 7a7 shall specify the process for any provider of training services offering a program that is eligible under this section in a first ,state to establish eligibility under this section in an additional ,state1 which shall1 to the extent practicable1 minimize financial and administrative burdens on any such provider by authorizing the provider to submit the same application materials and information to the ,governor of the additional ,state that was accepted by the ,governor granting the provider's eligibility in the first ,state1 as long as the program meets the applicable ,state requirements for such eligibility established under subsection 7b74 7#h7 ,online providers ,the procedures established under subsection 7a7 shall apply to a provider that delivers training services exclusively online4 ,if a participant chooses a provider that delivers training services exclusively online and is not located in the ,state of the local area that approved such training services for the participant in accordance with section #acc7;c77#c77;,a77i71 such provider shall be ineligible to receive payment for such participant from funds allotted to such ,state under section #acb unless such provider is on the list of eligible providers of training services described in subsection 7d7 for such ,state with respect to the program involved4 7d7 ,list and information to assist participants in choosing providers 7#a7 ,in general ,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 an appropriate list of providers determined to be eligible under this section to offer a program in the ,state 7and1 as appropriate1 in a local area71 accompanied by information identifying the recognized postsecondary credential offered by the provider and other appropriate information1 is prepared4 ,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 ,state in accordance with paragraph 7#d74 7#b7 ,talent marketplace ,the ,governor may establish 7or develop in partnership with other ,states7 a talent marketplace4 7#c7 ,accompanying information ,the accompanying information referred to in paragraph 7#a7 shall consist of-- 7,a7 with respect to providers described in subparagraphs 7,a7 and 7,c7 of subsection 7a77#b7 7other than providers described in subsection 7a77#c77;,b77ii771 information provided by such providers 7disaggregated by local areas served1 as applicable7 in accordance with subsection 7b72 7,b7 with respect to a program described in subsection 7b77#c7 that is offered by a provider1 information promoting the program as having an employer-sponsored designation and identifying the employer or partnership sponsoring the program2 and 7,c7 with respect to a program described in subsection 7b77#d7 that is offered by a provider1 information promoting the program as being a ,,wil program and displaying the seal described in subsection 7b77#d77;,c74 7#d7 ,availability ,the list 7including the talent marketplace if one has been established by the ,state71 and the accompanying information shall be made available to such participants and to members of the public through the one-stop delivery system in the ,state-- 7,a7 on a publicly accessible website that-- 7i7 is consumer-tested2 and 7ii7 is searchable1 easily understandable1 and navigable1 and allows for the comparison of eligible programs through the use of common1 linked1 open-data descriptive language1 including interoperable skills and competency data2 and 7,b7 in a manner that does not reveal personally identifiable information about an individual participant4 7#e7 ,website technical assistance ,the ,secretary shall-- 7,a7 upon request1 provide technical assistance to a ,state on establishing a website that meets the requirements of paragraph 7#d72 and 7,b7 disseminate to each ,state effective practices or resources from ,states and private sector entities related to establishing a website that is consumer-tested to ensure that the website is easily understood1 searchable1 and navigable4 7#f7 ,limitation ,in carrying out the requirements of this subsection1 no personally identifiable information regarding a student1 including a ,social ,security number1 student identification number1 or other identifier1 may be disclosed without the prior written consent of the student or student's parent in compliance with section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g74 7e7 ,opportunity to submit comments ,in establishing1 under this section1 criteria1 procedures1 and the list of eligible providers described in subsection 7d71 the ,governor shall provide an opportunity for interested members of the public to make recommendations and submit comments regarding such criteria1 procedures1 and list4 7f7 ,provider performance incentives 7#a7 ,in general ,the ,governor shall establish a system of performance incentive payments to be awarded to eligible providers in addition to the amount paid under section #acc7;b7 to such providers for the provision of training services to participants of eligible programs4 ,such system of performance incentive payments may be established to award the payments to providers of eligible programs that-- 7,a7 achieve levels of performance above the minimum levels established by the ,governor under subsection 7b77#b72 7,b7 serve a significantly higher number of individuals with barriers to employment compared to training providers offering similar training services2 or 7,c7 achieve other performance successes1 including those related to jobs that provide economic stability and upward mobility 7such as jobs with high wages and family sustainable benefits7 as determined by the ,state or the local board4 7#b7 ,incentive payments ,incentive payments to providers established under paragraph 7#a7 shall be awarded to eligible providers from funds reserved by the ,governor under section #abh7;a77#a71 except that not more than #e percent of the funds reserved by the ,governor under section #abh7;a77#a7 may be used for such payments4 2 7#c7 by striking subsections 7i7 and 7j7 and inserting the following3 7i7 ,on-the-job training1 employer-directed skills development1 incumbent worker training1 and other training exceptions 7#a7 ,in general ,providers of on-the-job training1 employer-directed skills development1 incumbent worker training1 internships1 paid or unpaid work experience opportunities1 or transitional employment shall not be subject to the requirements of subsections 7a7 through 7f74 7#b7 ,collection and dissemination of information ,a one-stop operator in a local area shall collect the minimum amount of information from providers of on-the-job training1 employer-directed skills development1 incumbent worker training1 internships1 paid or unpaid work experience opportunities1 or transitional employment as necessary to enable the use of ,state administrative data to generate such performance information as the ,governor may require1 and use the information to determine whether the providers meet such performance criteria as the ,governor may require4 ,the one-stop operator shall disseminate information identifying such providers that meet the criteria as eligible providers1 and the performance information1 through the one-stop delivery system4 ,providers determined to meet the criteria shall be considered to be identified as eligible providers of training services4 7j7 ,technical assistance ,the ,governor may apply to the ,secretary for technical assistance1 as described in section #afh7;c71 for purposes of carrying out the requirements of the amendments made by the ,a ,stronger ,workforce for ,america ,act of #bjbf to this section1 and the ,secretary shall provide such technical assistance in a timely manner4 4 7b7 ,report to ,congress on ,state performance criteria ,not later than #d years after the date of enactment of this ,act1 the ,secretary of ,labor shall submit a report to the ,committee on ,education and ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate on eligible providers of training services under section #abb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb71 as amended by this ,act1 in each ,state that shall include-- 7#a7 the minimum levels of performance established by the ,governor of each ,state with respect to the performance criteria under subsection 7b77#b7 of that section #abb for such eligible providers of training services in the ,state2 7#b7 the number of such eligible providers of training services in the ,state in each program year that begins after the date of enactment of this ,act1 compared with the number of such providers in the ,state in the program year that began immediately preceding that date of enactment2 and 7#c7 the average length of time that such eligible providers of training services in the ,state maintain eligibility1 disaggregated by the type of entity that provided the training services4 #abc4 ,eligible providers of youth workforce investment activities ,section #abc7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caec7;a77 is amended by inserting 1 which may include providers of pre-apprenticeship programs1 and apprenticeship programs1 that serve youth1 before identified based4 #b ,youth ,workforce ,investment ,activities #aca4 ,reservations2 ,reallocation 7a7 ,reservations for statewide activities ,section #abh7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafc7;a77 is amended-- 7#a7 in paragraph 7#b71 by striking reserved amounts in each place and inserting reserved amounts required under paragraph 7#a72 and 7#b7 by adding at the end the following3 7#c7 ,critical industry skills fund1 and industry sector partnership and career pathways development fund 7,a7 ,authorized reservation ,in addition to the reservations required under paragraph 7#a7 and section #acc7;a77#b71 and subject to subparagraph 7,b71 the ,governor may reserve not more than #aj percent of each of the amounts allotted to the ,state under section #abg7;b77#a77;,c7 and paragraphs 7#a77;,b7 and 7#b77;,b7 of section #acb7;b7 for a fiscal year to establish and administer any one1 or both1 of the following3 7i7 ,a critical industry skills fund described in section #acd7;a77#d74 7ii7 ,an industry or sector partnership and career pathways development fund described in section #acd7;a77#e74 7,b7 ,matching funds 7i7 ,requirement ,the amount of funds reserved by a ,governor under subparagraph 7,a7 for a fiscal year may not exceed the amount of funds that such ,governor commits to using from any of the funds listed in clause 7ii7 of this subparagraph for the purposes of establishing and administering the funds described in clauses 7i7 and 7ii7 of subparagraph 7,a7 for such fiscal year4 7ii7 ,sources of matching funds ,the funds listed in this clause are as follows3 7,i7 ,funds reserved by the ,governor under paragraph 7#a7 of this subsection4 7,,ii7 ,other ,federal funds not described in subclause 7,i74 7,,iii7 ,state funds4 4 7b7 ,reallocation among local areas ,section #abh7;c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagc7;c77 is amended-- 7#a7 in paragraph 7#a71 by inserting the following before the period at the end3 as performance-based incentive payments2 and 7#b7 in paragraph 7#d7-- 7,a7 by striking that does not and inserting the following3 that-- 7,a7 does not 2 7,b7 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,b7 has met or exceeded an average of #ajj percent of the local level of performance described in section #aaf7;c77#a77;,b7 for the local area across all indicators for the youth program authorized under this chapter for the most recent program year for which performance data is available2 and 7,c7 was not subject to corrective action by the ,governor under section #ahd7;a77#e77;,a7 for a determination of non-compliance with the uniform administrative requirements described in section #ahd7;a77#c7 for the program year for which the determination under paragraph 7#b7 is made4 4 #acb4 ,use of funds for youth workforce investment activities 7a7 ,youth participant eligibility 7#a7 ,eligibility determination 7,a7 ,eligibility ,subparagraph 7,a7 of section #abi7;a77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77#a77 is amended to read as follows3 7,a7 ,eligibility determination 7i7 ,in general ,to be eligible to participate in activities carried out under this chapter during any program year1 an individual shall1 at the time the eligibility determination is made1 be an out-of-school youth or an in-school youth4 7ii7 ,enrollment ,if a one-stop operator or eligible provider of youth workforce activities carrying out activities under this chapter reasonably believes that an individual is eligible to participate in such activities1 the operator or provider may allow such individual to participate in such activities for not more than a #dj-;day period during which the operator or provider shall obtain the necessary information to make an eligibility determination with respect to such individual 7which may involve working with such individual and other entities in the local area1 and using available sources of administrative data1 to obtain the necessary information74 7iii7 ,determination of ineligibility ,with respect to an individual who is determined to be ineligible for activities under this chapter by a one-stop operator or an eligible provider of youth workforce activities during the period described in clause 7ii7 and who does not qualify for an exception under paragraph 7#c77;,a77ii7 applicable to the local area involved1 such operator or service provider-- 7,i7 may-- 7aa7 continue serving such individual using non-,federal funds2 or 7bb7 end the participation of such individual in activities under this chapter and refer the individual to other services that may be available in the local area for which the individual may be eligible2 and 7,,ii7 shall be paid for any services provided to such individual under this chapter during the period described in clause 7ii7 by the local area involved using funds allocated to such area under section #abh7;b74 7iv7 ,determination process for homeless youth and foster youth ,in determining whether an individual is eligible to participate in activities carried out under this chapter on the basis of being an individual who is a homeless youth1 or a youth in foster care1 as described in subparagraph 7,b77iii77,v71 the one-stop operator or service provider involved may-- 7,i7 if determining whether the individual is a homeless youth1 use a process that is in compliance with the requirements of subsection 7a7 of section #dgi;,d of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhguu-#b7 for financial aid administrators2 and 7,,ii7 if determining whether the individual is a youth in foster care1 use a process that is in compliance with the requirements of subsection 7b7 of section #dgi;,d of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhguu-#b7 for financial aid administrators4 4 7,b7 ,definition of out-of-school youth ,subparagraph 7,b7 of section #abi7;a77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77#a77 is amended-- 7i7 in clause 7i71 by inserting 1 except that an individual described in subparagraph 7,,iv7 or 7,v7 of clause 7iii7 may be attending school 7as defined under ,state law7 after 7as defined under ,state law72 7ii7 in clause 7ii71 by inserting before the semicolon at the end1 the following 3 1 except that an individual described in subparagraph 7,,iv7 or 7,v7 of clause 7iii7 may be not younger than age #ad or older than age #bd2 and 7iii7 in clause 7iii7-- 7,i7 in subclause 7,,iii7-- 7aa7 in the matter preceding item 7aa7-- 7,,aa7 by striking secondary school diploma or its recognized equivalent and inserting regular high school diploma or its recognized equivalent2 and 7,,bb7 by striking and is and inserting and2 7bb7 in item 7aa71 by striking basic skills deficient2 and inserting has foundational skill needs22 and 7cc7 in item 7bb71 by striking an ,english language learner and inserting is an ,english learner2 and 7,,ii7 in subclause 7,v71 by striking 7#db ,u4,s4,c4 #adjdc;e-#b7f77 and inserting 7#cd ,u4,s4,c4 #abdgc7f774 7,c7 ,definition of in-school youth ,clause 7iv7 of section #abi7;a77#a77;,c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77#a77;,c77 is amended-- 7i7 in subclause 7,i71 by striking ,basic skills deficient4 and inserting ,an individual who has foundational skill needs42 7ii7 in subclause 7,,ii71 by striking language2 7iii7 by striking subclauses 7,,iii7 and 7,,iv72 and 7iv7 by redesignating subclauses 7,v71 7,,vi71 and 7,,vii7 as subclauses 7,,iii71 7,,iv71 and 7,v71 respectively4 7,d7 ,rule for certain out-of-school youth ,section #abi7;a77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77#a77 is amended by adding at the end the following3 7,d7 ,rule for certain out-of-school youth ,an out-of-school youth described in subclause 7,,iv7 or 7,v7 of subparagraph 7,b77iii7 who is attending any school 7as defined under ,state law7 shall be eligible to participate in any activity for in-school youth carried out under this chapter4 4 7#b7 ,exception and limitation ,section #abi7;a77#c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77#c77 is amended-- 7,a7 in subparagraph 7,a77ii71 by striking #e and inserting #aj2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking #e and inserting #aj2 and 7ii7 by striking paragraph 7#a77;,c77iv77,,vii7 and inserting paragraph 7#a77;,c77iv77,v74 7#c7 ,out-of-school youth priority ,section #abi7;a77#d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;a77#d77 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 by striking #ge each place it appears and inserting #gj2 7ii7 by inserting the total amount of before funds available2 and 7iii7 by inserting in the ,state after subsection 7c72 7,b7 in subparagraph 7,b77i71 by striking #ge and inserting #gj2 7,c7 by redesignating subparagraph 7,b71 as so amended1 as subparagraph 7,c72 and 7,d7 by inserting after subparagraph 7,a7 the following3 7,b7 ,local area targets ,the local board1 the chief elected official1 and the ,governor shall negotiate and reach agreement on the minimum amount of funds provided to a local area under subsection 7c7 that shall be used to provide youth workforce investment activities for out-of-school youth based on the needs of the youth in the local area1 which-- 7i7 may not be an amount that is less than #de percent of the funds provided to such local area under subsection 7c72 and 7ii7 shall be the amount that is necessary for the ,state to meet the requirements of subparagraph 7,a7 with respect to the total amount of funds available for local areas under subsection 7c74 4 7b7 ,required statewide youth activities ,section #abi7;b77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;b77#a77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking sections #abh7;a7 and inserting sections #abh7;a77#a72 7#b7 in subparagraph 7,b71 by inserting through a website that is consumer-tested to ensure that the website is easily understood1 searchable1 and navigable and allows for comparison of eligible providers based on the program elements offered by such providers and the performance of such providers on the primary indicators of performance for the youth program as described in section #aaf7;b77#b77;,a77ii7 after under section #abc2 and 7#c7 in subparagraph 7,d71 by striking section #aaf7;i7 and inserting section #aaf7;j74 7c7 ,allowable statewide youth activities ,section #abi7;b77#b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;b77#b77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking sections #abh7;a7 and inserting sections #abh7;a77#a72 7#b7 in subparagraph 7,c71 by inserting 1 which may include providing guidance on career options in in-demand industry sectors or occupations after in the ,state2 7#c7 in subparagraph 7,d7-- 7,a7 in clause 7iv71 by striking and at the end2 and 7,b7 by inserting after clause 7v7 the following3 7vi7 supporting the ability to understand relevant tax information and obligations2 2 7#d7 in subparagraph 7,e71 by striking the period at the end and inserting a semicolon2 and 7#e7 by adding at the end the following3 7,f7 establishing1 supporting1 and expanding work-based learning opportunities 7including transitional jobs and work-based learning opportunities designed for youth to develop and gain experience using emerging technologies1 including artificial intelligence1 in the workplace7 that are aligned with career pathways2 7,g7 raising public awareness 7including through public service announcements1 such as social media campaigns and elementary and secondary school showcases and school visits7 about career and technical education programs and community-based and youth services organizations1 and other endeavors focused on programs that prepare students for in-demand industry sectors or occupations2 7,h7 developing partnerships between educational institutions 7including area career and technical schools and institutions of higher education7 and employers to create or improve workforce development programs to address the identified education and skill needs of the workforce 7including the skills needed to use emerging technology tools and systems in the workplace7 and the employment needs of employers in the regions or local areas of the ,state1 as determined based on the most recent analysis conducted under subparagraphs 7,b7 and 7,c7 of section #ajb7;b77#a72 7,i7 coordinating activities with providers of a pre-apprenticeship program or apprenticeship program for youth in the ,state to establish1 support1 or expand the program described in this subparagraph1 including any such program in the ,state receiving assistance under section #agc2 7,j7 coordinating activities with entities implementing reentry projects in the ,state focused on establishing or improving workforce development programs for juvenile offenders1 including any such reentry projects in the ,state receiving assistance under section #agb2 and 7,k7 coordinating activities with agencies implementing corrections education and other education programs in the ,state focused on providing incarcerated youth with education and skills development programs1 including any such programs in the ,state receiving assistance under section #bbe4 4 7d7 ,local elements and requirements 7#a7 ,program design ,section #abi7;c77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;c77#a77 is amended-- 7,a7 in subparagraph 7,a71 by striking basic skills and inserting foundational skill needs2 7,b7 in subparagraph 7,b71 by inserting 7which1 in the case of a participant #ah years or older1 may include co-enrollment in any employment or training activity provided under section #acd for adults7 after services for the participant2 7,c7 in subparagraph 7,c7-- 7i7 in clause 7i71 by striking secondary school diploma or its recognized equivalent and inserting regular high school diploma or its recognized equivalent2 and 7ii7 in clause 7v71 by inserting high-skill1 high-wage1 or after small employers1 in2 and 7,d7 in subparagraph 7,d71 by striking #aj and inserting #cj4 7#b7 ,program elements ,section #abi7;c77#b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;c77#b77 is amended-- 7,a7 in the matter preceding subparagraph 7,a71 by striking secondary school diploma or its recognized equivalent and inserting regular high school diploma or its recognized equivalent2 7,b7 in subparagraph 7,a71 by striking secondary school diploma or its recognized equivalent and inserting regular high school diploma or its recognized equivalent2 7,c7 in subparagraph 7,c7-- 7i7 in clause 7i7-- 7,i7 by striking other and inserting year-round2 and 7,,ii7 by inserting that meet the requirements of paragraph 7#aj7 after school year2 7ii7 in clause 7ii71 by inserting and apprenticeship programs that serve youth after programs2 7iii7 by amending clause 7iii7 to read as follows3 7iii7 internships that-- 7,i7 are paid internships or are unpaid internships for which academic credit may be awarded2 7,,ii7 are1 to the extent practicable1 aligned with in-demand industry sectors or occupations in the ,state or local area2 and 7,,iii7 for which participants shall be paid 7by the entity providing the internship1 through funds allocated to the local area pursuant to paragraph 7#a7 for the program1 or by another entity7 if such internships are longer than-- 7aa7 #d weeks in the summer or #h weeks during the school year for in-school youth and out-of-school youth who are enrolled in school2 or 7bb7 #h weeks for out-of-school youth who are not enrolled in school2 2 7iv7 by redesignating clause 7iv7 as clause 7v72 7v7 by inserting after clause 7iii71 as so amended1 the following3 7iv7 job shadowing2 2 7vi7 in clause 7v71 as so redesignated1 by inserting and at the end2 and 7vii7 by adding at the end the following3 7vi7 work-based learning2 2 7,d7 in subparagraph 7,h71 by striking adult mentoring and inserting coaching and adult mentoring services2 7,e7 in subparagraph 7,i71 by inserting 7including case management7 after services2 7,f7 in subparagraph 7,m7-- 7i7 by inserting high-skill1 high-wage1 or before in-demand industry2 and 7ii7 by striking the and at the end2 7,g7 in subparagraph 7,n71 by striking the period at the end and inserting 2 and2 and 7,h7 by adding at the end the following3 7,o7 activities to develop fundamental workforce readiness1 which may include creativity1 collaboration1 critical thinking1 digital literacy1 persistence1 and other relevant skills4 4 7#c7 ,priority ,section #abi7;c77#d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;c77#d77 is amended to read as follows3 7#d7 ,priority 7,a7 ,work experiences ,not less than #dj percent of the funds allocated to the local area as described in paragraph 7#a7 shall be used to provide in-school youth and out-of-school youth with activities under paragraph 7#b77;,c74 7,b7 ,apprenticeships and pre-apprenticeships for youth ,not less than #ab and #ab percent of the funds used for the purposes described in subparagraph 7,a7 shall be used to provide in-school youth and out-of-school youth with activities under paragraph 7#b77;,c77ii74 4 7#d7 ,rule of construction ,section #abi7;c77#e7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;c77#e77 is amended by inserting or local area after youth services4 7#e7 ,linkages ,section #abi7;c77#g7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;c77#g77 is amended by inserting 1 secondary schools1 and area career and technical schools after agencies4 7#f7 ,individual training accounts ,section #abi7;c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;c77 is amended by adding at the end the following3 7#i7 ,individual training accounts 7,a7 ,in general ,subject to subparagraph 7,b71 funds allocated pursuant to paragraph 7#a7 to a local area may be used to pay1 through an individual training account1 an eligible provider of training services described in section #abb7;d7 for training services described in section #acd7;c77#c7 provided to in-school youth who are not younger than age #af and not older than age #ba and out-of-school youth1 in the same manner that an individual training account is used to pay an eligible provider of training services under section #acd7;c77#c77;,f77iii7 for training services provided to an adult or dislocated worker4 7,b7 ,special rule for in-school youth younger than age #ah ,to use an individual training account to pay for a program of training services that will take place during regular school hours for an in-school youth who is younger than the age #ah1 the local area shall receive written approval from the secondary school at which the in-school youth is enrolled prior to the start of the program of training services4 4 7#g7 ,summer and year-round employment opportunities requirements ,section #abi7;c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;c77 is further amended by adding at the end the following3 7#aj7 ,summer and year-round employment opportunities requirements 7,a7 ,in general ,a summer employment opportunity or a year-round employment opportunity referred to in paragraph 7#b77;,c77i7 shall be a program that matches eligible youth participating in such program with an appropriate employer 7based on factors including the needs of the employer and the age1 skill1 and informed aspirations of the eligible youth7 that-- 7i7 shall include-- 7,i7 a component of occupational skills education2 and 7,,ii7 not less than #b of the activities described in subparagraphs 7,g71 7,h71 7,i71 7,k71 7,m71 and 7,o7 of paragraph 7#b72 7ii7 may not use funds allocated under this chapter to subsidize more than #ej percent of the wages of each eligible youth participant in such program2 7iii7 in the case of a summer employment opportunity1 complies with the requirements of subparagraph 7,b72 and 7iv7 in the case of a year-round employment opportunity1 complies with the requirements of subparagraph 7,c74 7,b7 ,summer employment opportunity ,in addition to the applicable requirements described in subparagraph 7,a71 a summer employment opportunity-- 7i7 may not be less than #d weeks2 and 7ii7 may not pay less than the highest applicable wage required by the applicable ,federal1 ,state1 or local minimum wage law4 7,c7 ,year-round employment opportunity ,in addition to the applicable requirements described in subparagraph 7,a71 a year-round employment opportunity-- 7i7 may not be shorter than #ahj days or longer than #a year2 7ii7 may not pay less than the highest applicable wage required by the applicable ,federal1 ,state1 or local minimum wage law2 and 7iii7 may not employ the eligible youth for less than #bj hours per week1 except in instances when the eligible youth are under the age of #ah or enrolled in school4 7,d7 ,priority ,in selecting summer employment opportunities or year-round employment opportunities for purposes of paragraph 7#b77;,c77i71 a local area shall give priority to such opportunities that meet the requirements of this paragraph and that are in existing or emerging high-skill1 high-wage1 or in-demand industry sectors or occupations4 4 7#h7 ,conforming amendment ,section #abi7;c77#c77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7;c77#c77;,b77 is amended by striking basic skills and inserting foundational skill needs4 #c ,adult and ,dislocated ,worker ,employment and ,training ,activities #ada4 ,state allotments ,section #acb7;a77#b77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagb7;a77#b77;,a77 is amended by-- 7#a7 striking 1 #afi7;c7 7relating to dislocated worker projects712 and 7#b7 by inserting 1 and under subsections 7c7 7related to dislocated worker projects7 and 7d7 7related to workforce data quality initiatives7 of section #afi before 2 and #adb4 ,reservations for ,state activities2 within ,state allocations2 ,reallocation 7a7 ,reservations for ,state activities ,section #acc7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagc7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking section #abh7;a7 and inserting section #abh7;a77#a72 and 7#b7 by adding at the end the following3 7#c7 ,critical industry skills fund1 and industry or sector partnership and career pathways fund ,in addition to the reservations required under paragraphs 7#a7 and 7#b71 the ,governor may make the reservation authorized under section #abh7;a77#c74 4 7b7 ,within ,state allocations ,section #acc7;b77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagc7;b77 is amended-- 7#a7 in subparagraph 7,a71 by striking subsection 7a77#a7 and inserting paragraph 7#a7 or 7#c7 of subsection 7a72 and 7#b7 in subparagraph 7,b71 by striking paragraph 7#a7 or 7#b7 of subsection 7a7 and inserting paragraph 7#a71 7#b71 or 7#c7 of subsection 7a74 7c7 ,reallocation among local areas ,section #acc7;c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagc7;c77 is amended-- 7#a7 in paragraph 7#a71 by inserting before the period at the end1 the following3 as performance-based incentive payments2 7#b7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking that does not and inserting the following3 that-- 7i7 does not 2 7ii7 by striking 2 and and inserting a semicolon2 and 7iii7 by adding at the end the following3 7ii7 has met or exceeded an average of #ajj percent of the local level of performance described in section #aaf7;c77#a77;,b7 for the local area across all indicators for the adult program authorized under this chapter for the most recent program year for which performance data is available2 and 7iii7 was not subject to corrective action by the ,governor under section #ahd7;a77#e77;,a7 for a determination of non-compliance with the uniform administrative requirements described in section #ahd7;a77#c7 for the program year for which the determination under paragraph 7#b7 is made2 and 2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking that does not and inserting the following3 that-- 7i7 does not 2 7ii7 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7ii7 has met or exceeded an average of #ajj percent of the local level of performance described in section #aaf7;c77#a77;,b7 for the local area across all indicators for the dislocated worker program authorized under this chapter for the most recent program year for which performance data is available2 and 7iii7 was not subject to corrective action by the ,governor under section #ahd7;a77#e77;,a7 for a determination of non-compliance with the uniform administrative requirements described in section #ahd7;a77#c7 for the program year for which the determination under paragraph 7#b7 is made2 and 2 and 7#c7 by adding at the end the following3 7#e7 ,use of incentive funds ,any amounts provided to a local area as a performance incentive payment under this subsection shall not be subject to the requirements described in section #acd7;c77#a77;,b74 4 #adc4 ,use of funds for employment and training activities 7a7 ,statewide employment and training activities 7#a7 ,in general ,section #acd7;a77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;a77#a77-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b7-- 7i7 in the matter preceding clause 7i71 by striking #abh7;a7 and inserting #abh7;a77#a72 and 7ii7 by amending clause 7ii7 to read as follows3 7ii7 may be used to carry out any of the statewide employment and training activities described in paragraph 7#c7 7including establishing and administering any one1 or both1 of the funds referred to in subparagraph 7,c772 2 and 7,c7 by inserting before the flush left text at the end the following3 7,c7 as described in section #abh7;a77#c71 shall be used to establish and administer any one1 or both1 of the following3 7i7 a critical industry skills fund described in paragraph 7#d72 or 7ii7 an industry or sector partnership and career pathways development fund described in paragraph 7#e71 4 7#b7 ,required statewide employment and training activities 7,a7 ,statewide rapid response activities ,section #acd7;a77#b77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;a77#b77;,a77 is amended-- 7i7 in clause 7i7-- 7,i7 in subclause 7,i7-- 7aa7 by striking working and inserting as a rapid response unit working2 and 7bb7 by striking and at the end2 7,,ii7 in subclause 7,,ii71 by striking the period at the end and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7,,iii7 provision of additional assistance to any local area that has excess demand for individual training accounts for dislocated workers in such local area and requests such additional assistance under this subclause in accordance with paragraph 7#d7 of section #dad7;c7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih 7#bi ,u4,s4,c4 #cbbd;a7#e771 upon a determination by the ,state that1 in using funds allocated to such local area pursuant to paragraph 7#a7 of such section #dad7;c7 and in using funds as required under subsection 7c77#a77;,b7 of this section for the purpose described in paragraph 7#b77;,a7 of such section #dad7;c771 the local area is in compliance with the requirements of such section #dad7;c74 2 and 7ii7 by adding at the end the following3 7iii7 ,insufficient funds to meet excess demand ,if a ,state determines that a local area with excess demand as described in clause 7i77,,iii7 has met the compliance requirements described in such clause1 but the ,state does not have sufficient funds reserved under section #acc7;a77#b7 to meet such excess demand1 the ,state-- 7,i7 shall notify the ,secretary of such excess demand2 and 7,,ii7 if eligible1 may apply for a national dislocated worker grant under section #agj of this ,act4 4 7,b7 ,statewide employment and training activities ,section #acd7;a77#b77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;a77#b77;,b7 is amended-- 7i7 in clause 7i7-- 7,i7 in subclause 7,,iii71 by striking and at the end2 7,,ii7 by amending subclause 7,,iv7 to read as follows3 7,,iv7 local areas1 one-stop operators1 one-stop partners1 and eligible providers1 including the development and training of staff1 which may include-- 7aa7 the development and training of staff to provide information about wage levels and available benefits across in-demand industry sectors or occupations1 and information about opportunities for individuals with barriers to employment to enter in-demand industry sectors or occupations and nontraditional occupations2 7bb7 providing capacity building and technical assistance to ,state board and local board members on the development of exemplary program activities2 7cc7 the development and education of staff to increase expertise in providing opportunities for covered veterans 7as defined in section #dbab7;a77#c77;,a7 of title #ch1 ,united ,states ,code7 to enter in-demand industry sectors or occupations and nontraditional occupations3 and 7dd7 the provision of technical assistance to local areas that fail to meet local performance accountability measures described in section #aaf7;c72 and 2 and 7,,iii7 by adding at the end the following3 7,v7 local boards and eligible providers of training services in carrying out the performance reporting required under section #aaf7;d71 including facilitating data matches for program participants-- 7aa7 using quarterly wage record information 7including the wage records made available by any other ,state and 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#h7772 and 7bb7 other sources of information1 as necessary to measure the performance of programs and activities conducted under this chapter or chapter #b of this subtitle2 2 7ii7 in clause 7ii71 by striking section #ajf7;b77#g7 and inserting section #ajf7;b77#f72 7iii7 in clause 7iii71 by striking section #aaf7;i7 and inserting section #aaf7;j72 and 7iv7 in clause 7v7-- 7,i7 in subclause 7,,ii7-- 7aa7 by striking customized training and inserting employer-directed skills development2 and 7bb7 by striking transitional jobs and inserting transitional jobs1 or sponsors of apprenticeships and pre-apprenticeships2 7,,ii7 in subclause 7,,iii71 by inserting 1 including business engaged in joint labor-management partnerships before the semicolon2 7,,iii7 by redesignating subclauses 7,v7 and 7,,vi7 as subclauses 7,,vi7 and 7,,vii71 respectively2 7,,iv7 by inserting after subclause 7,,iv7 the following3 7,v7 information on effective coordination of supportive services for workers and jobseekers2 2 7,v7 in subclause 7,,vi71 as so redesignated-- 7aa7 by striking subsections 7d7 and 7h7 of section #abb and inserting subsections 7d7 and 7i7 of section #abb2 and 7bb7 by striking and at the end2 and 7,,vi7 by adding at the end the following3 7,,viii7 information to participants on understanding and accessing ,state-administered programs and services available to jobseekers2 2 7v7 by redesignating clause 7vi7 as clause 7vii72 7vi7 by inserting after clause 7v7 the following3 7vi7 notifying participants of an eligible program of training services whose participation is funded under this ,act1 if such program's status as an eligible program of training services is revoked under section #abb7;c77#d72 2 7vii7 in clause 7vii71 as so redesignated1 by striking the period at the end and inserting a semicolon2 and 7viii7 by adding at the end the following3 7viii7 coordinating 7which may be done in partnership with other ,states7 with industry organizations1 employers 7including small and mid-sized employers71 industry or sector partnerships1 training providers1 local boards1 and institutions of higher education to identify or develop competency-based assessments that are a valid and reliable method of collecting information with respect to1 and measuring1 the prior knowledge1 skills1 and abilities of individuals who are adults or dislocated workers for the purpose of-- 7,i7 awarding1 based on the knowledge1 skills1 and abilities of such an individual validated by such assessments-- 7aa7 a recognized postsecondary credential that is used by employers in the ,state for recruitment1 hiring1 retention1 or advancement purposes2 7bb7 postsecondary credit toward a recognized postsecondary credential aligned with in-demand industry sectors and occupations in the ,state for the purpose of accelerating attainment of such credential2 and 7cc7 postsecondary credit for progress along a career pathway developed by the ,state or a local area within the ,state2 7,,ii7 developing individual employment plans under subsection 7c77#b77;,b77vii77,,ii7 that incorporate the knowledge1 skills1 and abilities of such an individual to identify-- 7aa7 in-demand industry sectors or occupations that require similar knowledge1 skills1 and abilities2 and 7bb7 any upskilling needed for the individual to secure employment in such a sector or occupation2 and 7,,iii7 helping such an individual communicate such knowledge1 skills1 and abilities to prospective employers through a skills-based resume1 profile1 or portfolio2 and 7ix7 disseminating to local areas and employers information relating to the competency-based assessments identified or developed pursuant to clause 7viii71 including-- 7,i7 any credential or credit awarded pursuant to items 7aa7 through 7cc7 of clause 7viii77,i72 7,,ii7 the industry organizations1 employers1 training providers1 and institutions of higher education located within the ,state that recognize the knowledge1 skills1 and abilities of an individual validated by such assessments2 7,,iii7 how such assessments may be provided to1 and accessed by1 individuals through the one-stop delivery system2 and 7,,iv7 information on the extent to which such assessments are being used by employers and local areas in the ,state4 4 7#c7 ,allowable statewide employment and training activities ,section #acd7;a77#c77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;a77#c77;,a77-- 7,a7 in clause 7i7-- 7i7 by inserting or evidence-based after innovative2 7ii7 by inserting local communities and after needs of2 7iii7 by striking customized training and inserting employer-directed skills development2 7iv7 by inserting and partnerships with after utilization of2 7v7 by inserting and labor-management partnerships after business intermediaries2 and 7vi7 by inserting and medium-sized before employers7 in the ,state1 and2 7,b7 in clause 7ii7-- 7i7 by inserting 1 or bringing evidence-based strategies to scale1 after strategies2 and 7ii7 by inserting supporting such individuals in achieving economic self-sufficiency and mobility1 and after employment and2 7,c7 in clause 7iii7-- 7i7 by striking and prior learning assessment to and inserting 1 prior learning assessment1 or a competency-based assessment identified or developed by the ,state under paragraph 7#b77;,b77viii71 to2 and 7ii7 by striking stackable and inserting permit articulation into higher level degree or other credential programs2 7,d7 in clause 7iv71 by inserting 1 which may include on-the job training1 employer-directed skills development1 transitional jobs1 industry or sector partnerships1 apprenticeships1 and other programs after employment2 7,e7 in clause 7viii7-- 7i7 in subclause 7,i71 by inserting 1 including such activities funded through other ,federal and ,state laws after development activities2 and 7ii7 in subclause 7,,ii7-- 7,i7 in item 7cc71 by inserting activities carried out by comprehensive transition and postsecondary programs for students with intellectual disabilities established under section #gfg of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aadj;g71 after developmental disabilities12 7,,ii7 in item 7dd71 by striking activities1 including those and inserting activities and services to promote digital literacy skills1 including activities and services2 7,,iii7 by adding at the end the following3 7gg7 programs under the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjja et seq47 that support employment and economic security2 and 2 7,f7 in clause 7xi71 by inserting that exceed the local levels of performance after local areas2 7,g7 in clause 7xiii71 by striking and at the end2 7,h7 in clause 7xiv7-- 7i7 by inserting conducting feasibility studies for the effectiveness of such strategies in meeting the employment and skills development needs of target populations in the local areas that are using such feasibility studies1 after data collection12 and 7ii7 by striking the period at the end and inserting a semicolon2 and 7,i7 by adding at the end the following3 7xv7 supporting employers seeking to implement skills-based hiring practices1 which may include technical assistance on the use and validation of employment assessments 7including competency-based assessments developed or identified by the ,state pursuant to paragraph 7#b77;,b77viii771 and support in the creation of skills-based job descriptions2 7xvi7 developing partnerships between educational institutions 7including area career and technical education schools1 local educational agencies1 and institutions of higher education7 and employers to create or improve workforce development programs to address the identified education and skill needs of the workforce and the employment needs of employers in regions of the ,state1 as determined by the most recent analysis conducted under subparagraphs 7,a71 7,b71 and 7,d7 of section #ajb7;b77#a72 7xvii7 identifying and making available to residents of the ,state1 free or reduced cost access to online skills development programs that are aligned with in-demand industries or occupations in the ,state and lead to attainment of a recognized postsecondary credential valued by employers in such industries or occupations2 7xviii7 establishing and administering a critical industry skills fund described in paragraph 7#d72 and 7xix7 establishing and administering an industry or sector partnership and career pathways development fund described in paragraph 7#e74 4 7#d7 ,critical industry skills fund ,section #acd7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;a771 as amended1 is further amended by adding at the end the following3 7#d7 ,critical industry skills fund 7,a7 ,performance-based payments ,in addition to the funds described in paragraph 7#c77;,a71 a ,state may use any funds reserved under paragraph 7#c77;,a7 of section #abh7;a7 to establish and administer a critical industry skills fund to award performance-based payments on a per-worker basis to eligible entities that provide1 to prospective workers or incumbent workers 7which may include youth age #ah through age #bd71 eligible skills development programs that are in any of the industries and occupations identified by the ,governor 7in consultation with the ,state board7 for purposes of this paragraph1 and that will result in employment or retention with an employer in such an industry or occupation 7in this paragraph referred to as a participating employer74 7,b7 ,optional priority ,the ,governor 7in consultation with the ,state board7 may select the industries and occupations identified under subparagraph 7,a7 that should be prioritized under this paragraph4 7,c7 ,submission of proposals ,to be eligible to receive a payment under the critical industry skills fund established under this paragraph by a ,state1 an eligible entity shall submit to the ,governor1 a proposal describing the eligible skills development program to be provided by the eligible entity under this paragraph1 in such form1 at such time1 and containing such information1 as the ,governor may reasonably require4 7,d7 ,reimbursement for approved proposals 7i7 ,state requirements 7,i7 ,in general ,with respect to each eligible entity whose proposal under subparagraph 7,c7 has been approved by the ,governor1 the ,governor shall make payments 7in an amount determined by the ,governor and subject to the requirements of subclause 7,,ii7 of this clause1 subparagraph 7,e71 and any other limitations determined necessary by the ,state7 from the critical industry skills fund established under this paragraph to such eligible entity for each participant of the eligible skills development program described in such proposal and with respect to whom the eligible entity meets the requirements of clause 7ii74 7,,ii7 ,payments ,in making payments to an eligible entity under subclause 7,i7 with respect to a participant-- 7aa7 a portion of the total payment shall be made after the participant successfully completes the eligible skills development program offered by the eligible entity2 and 7bb7 the remainder of such total payment shall be made after the participant has been employed by the participating employer of the eligible entity for the #f-month period after successful completion of the program4 7ii7 ,eligible entity requirements ,to be eligible to receive the payments described in clause 7i7 with respect to a participant1 an eligible entity shall submit such documentation as the ,governor determines necessary to verify whether the participant meets the requirements of items 7aa7 and 7bb7 of clause 7i77,,ii71 and to comply with the performance reporting described in subparagraph 7,f74 7,e7 ,non-,federal cost sharing 7i7 ,limits on ,federal share ,an eligible entity may not receive funds under subparagraph 7,d7 with respect to a participant of the eligible skills development program offered by the eligible entity in excess of the following costs of such program with respect to such participant3 7,i7 ,in the case of a participating employer of such eligible entity with #be or fewer employees1 #ij percent of the costs4 7,,ii7 ,in the case of a participating employer of such eligible entity with more than #be employees1 but fewer than #ajj employees1 #ge percent of the costs4 7,,iii7 ,in the case of a participating employer of such eligible entity with #ajj or more employees1 #ej percent of the costs4 7ii7 ,non-,federal share 7,i7 ,in general ,any costs of the eligible skills development program offered to a participant by such eligible entity that are not covered by the funds received under subparagraph 7,d7 shall be the non-,federal share provided by the eligible entity 7in cash or in-kind74 7,,ii7 ,employer cost sharing ,if the eligible skills development program is being provided on-the-job1 the non-,federal share provided by an eligible entity may include the amount of the wages paid by the participating employer of the eligible entity to a participant while such participant is receiving the training4 7,f7 ,performance reporting ,using the participant information provided by eligible entities under subparagraph 7,d77ii71 the ,state shall submit to the ,secretary a report1 on an annual basis1 with respect to all participants for which the eligible entities received funds under this paragraph for the most recent program year1 which shall include-- 7i7 the number of individuals who participated in eligible skills development programs provided by such eligible entities through the critical industry skills fund under this paragraph2 and 7ii7 the performance of such participants on the primary indicators of performance described in subclauses 7,i7 through 7,,iii7 of section #aaf7;b77#b77;,a77i74 7,g7 ,definitions ,in this paragraph3 7i7 ,eligible entity ,the term eligible entity means-- 7,i7 a participating employer or a group of participating employers2 7,,ii7 an industry or sector partnership that includes a participating employer2 or 7,,iii7 another entity serving as an intermediary 7such as a local board7 that is in partnership with a participating employer4 7ii7 ,eligible skills development program ,the term eligible skills development program1 when used with respect to an eligible entity-- 7,i7 means a program with respect to which a ,state may set a maximum and minimum length 7in weeks72 7,,ii7 includes work-based education or related occupational skills instruction that-- 7aa7 develops the specific technical skills necessary for successful performance of the occupations in which participants are to be employed upon completion2 and 7bb7 may be provided-- 7,,aa7 by the eligible entity2 or 7,,bb7 by any training provider that is selected by the eligible entity and without regard to whether such provider is on a list of eligible providers of training services described in section #abb7;d72 and 7,,iii7 does not include employee onboarding1 orientation1 or professional development generally provided to employees4 4 7#e7 ,industry or sector partnership and career pathways development fund ,section #acd7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;a771 as amended1 is further amended by adding at the end the following3 7#e7 ,industry or sector partnership and career pathways development fund 7,a7 ,purpose ,the purpose of this paragraph is to establish new or expand existing industry or sector partnerships and career pathway programs to encourage regional economic growth and competitiveness1 and improve worker training1 retention1 and advancement4 7,b7 ,description of ,fund ,in addition to the funds described in paragraph 7#c77;,a71 a ,state may use any funds reserved under paragraph 7#c77;,a7 of section #abh7;a7 to establish and administer an industry or sector partnership and career pathways development fund to award grants to eligible partnerships to establish or expand industry or sector partnerships that include employers in a high-growth or high-wage industry of the ,state in order to meet the following objectives3 7i7 ,build capacity among such partnerships to prepare jobseekers and incumbent workers participating in such partnerships for careers in such a high-growth or high-wage industry4 7ii7 ,leverage the capacity of such partnerships to develop1 improve1 expand1 or implement education1 employment1 and training opportunities for individuals with barriers to employment4 7iii7 ,strengthen coordination between such industry or sector partnerships and one-stop partners for the local areas involved that are described in paragraphs 7#a7 and 7#b7 of section #aba7;b74 7iv7 ,develop or expand a career pathway program that utilizes integrated education and training strategies and supports multiple points of entry and exit for working learners4 7,c7 ,duration ,each grant awarded under this paragraph shall be for a period of not more than #b years4 7,d7 ,award basis 7i7 ,geographic diversity ,the ,governor shall award grants under this paragraph in a manner that ensures geographic diversity in the areas in the ,state in which activities will be carried out under the grants4 7ii7 ,priority ,in awarding grants under this paragraph1 the ,governor shall give priority consideration to eligible partnerships that-- 7,i7 include 7or will include7 as a partner in the industry or sector partnership to be established or expanded under this paragraph1 a #b-year public institution of higher education2 7,,ii7 demonstrate long-term sustainability of such industry or sector partnership2 and 7,,iii7 demonstrate the ability of such industry or sector partnership to serve individuals who-- 7aa7 are individuals with a barrier to employment1 including individuals with disabilities2 7bb7 are facing significant worker dislocation due to a disruption or change in the regional or ,state economy or labor market2 7cc7 have traditionally been underserved by regional economic development and sector partnership activities 7including rural areas in the ,state72 or 7dd7 are-- 7,,aa7 out-of-school youth1 disadvantaged youth1 or disadvantaged adults2 or 7,,bb7 unemployed individuals1 within the meaning of section #f7;b77#a77;,b7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;e7b77#a77;,b774 7iii7 ,additional optional priority ,in awarding grants under this paragraph1 in addition to the priority consideration required under clause 7ii71 the ,governor may give priority consideration to eligible partnerships that include1 or will include1 as a partner in the industry or sector partnership to be established or expanded under this section-- 7,i7 a #d-year public institution of higher education at which the highest degree that is predominantly awarded to students is an associate degree2 or 7,,ii7 a #b-year ,tribal ,college or ,university 7as defined in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b774 7,e7 ,application 7i7 ,in general ,an eligible partnership seeking a grant under this paragraph shall submit an application to the ,governor at such time1 in such manner1 and containing such information as the ,governor may reasonably require1 including the contents described in clause 7ii74 7ii7 ,contents ,an eligible partnership seeking a grant under this paragraph shall submit an application to the ,governor under clause 7i7 containing1 at minimum-- 7,i7 a description of the eligible partnership1 and the industry or sector partnership that will be established or expanded with such grant2 7,,ii7 the expected participation and responsibilities of each of the partners that will be included in such industry or sector partnership2 7,,iii7 a description of the high-growth or high-wage industry sector to be served by such industry or sector partnership1 and a description of how such industry sector was identified2 7,,iv7 a description of the workers and other individuals who will be targeted or recruited by such industry or sector partnership1 including the number of workers and other individuals who will be served by the partnership2 7,v7 an analysis of the existing labor market to be served by such industry or sector partnership1 which includes-- 7aa7 a description of potential barriers to employment for the targeted workers and other individuals2 7bb7 the estimated share of such workers and other individuals who are individuals with a barrier to employment2 and 7cc7 a description of strategies that will be developed to help such workers and other individuals overcome such barriers2 7,,vi7 a description of the ,federal and non-,federal resources1 available under provisions of law other than this paragraph1 that will be leveraged in support of such industry or sector partnership and the activities carried out by the partnership under this paragraph2 7,,vii7 a description1 using common1 linked1 open-data descriptive language1 of the recognized postsecondary credential that will be provided to individuals who successfully complete the education and training program provided through an education provider in such industry or sector partnership2 7,,viii7 an assurance that any eligible provider of training services in such industry or sector partnership is on a list of eligible providers of training services described in section #abb7;d72 and 7,,ix7 a commitment from a participating employer in such industry or sector partnership to employ each participant of such education and training program 7which may be a career pathway program7 for not less than a #a-year period1 in accordance with the employment policies of such employer1 after successful completion of the training portion of the education and training program operated by such participating employer4 7,f7 ,uses of funds 7i7 ,in general ,an eligible partnership awarded a grant under this paragraph shall use such grant funds to establish a new industry or sector partnership or expand the industry or sector partnership of the eligible partnership to meet the objectives listed in subparagraph 7,b7-- 7,i7 by engaging businesses in accordance with clause 7iii72 and 7,,ii7 by carrying out an education and training program that-- 7aa7 leads to the recognized postsecondary credential described in the eligible partnership's application in subparagraph 7,e77ii77,,vii72 7bb7 includes an apprenticeship1 work-based learning1 or on-the-job training program that leads to an employment commitment described in subparagraph 7,e77ii77,,ix7 with a participating employer of the industry or sector partnership2 7cc7 may include the development or expansion of a new or existing career pathway program as described in clause 7iv72 and 7dd7 may include the provision of supportive services as described in clause 7v74 7ii7 ,planning activities ,an eligible partnership receiving a grant under this paragraph may use not more than #bj percent of the grant funds to carry out planning activities during the first year of the grant period that are necessary to establish a new industry or sector partnership or expand the industry or sector partnership of the eligible partnership1 which may include-- 7,i7 recruiting key stakeholders in the high-growth or high-wage industry to be served by such industry or sector partnership2 7,,ii7 conducting outreach to local businesses1 employers1 labor organizations1 local boards1 education and training providers1 and business and employer associations2 7,,iii7 identifying1 through an evaluation1 the training needs of multiple businesses in the high-growth or high-wage industry1 including identifying any needs for-- 7aa7 skills critical to competitiveness and innovation in the high-growth or high-wage industry2 7bb7 an education and training program1 including any apprenticeship program or other work-based learning program supported by the grant2 and 7cc7 the usage of career pathways to align education and training with job openings in the high-growth or high-wage industry2 and 7,,iv7 recruiting individuals with barriers to employment to participate in the education and training program4 7iii7 ,business engagement ,an industry or sector partnership established or expanded with a grant under this paragraph shall use the grant funds to engage businesses 7including small and medium-sized businesses that are in the high-growth or high-wage industry and that may be a participating employer of the partnership7 in the establishment and implementation of an apprenticeship1 work-based learning1 or on-the-job training program offered through the education and training program of the partnership1 and which may include-- 7,i7 the navigation of the registration process for a sponsor of such an apprenticeship program2 7,,ii7 the connection of the business with an education provider in the industry or sector partnership to develop classroom instruction to complement learning through such an apprenticeship1 work-based learning1 or on-the-job training program2 7,,iii7 the development of such a work-based learning program2 7,,iv7 the provision of career awareness activities for participants of such an apprenticeship1 work-based learning1 or on-the-job training program1 such as career guidance and academic counseling2 7,v7 the recruitment of individuals with barriers to employment to participate in such an apprenticeship1 work-based learning1 or on-the-job training program2 and 7,,vi7 other evidence-based approaches to connecting businesses with workers and establishing pathways to unsubsidized employment for individuals participating in the education and training program and other programs funded under this title4 7iv7 ,career pathway programs 7,i7 ,in general ,an industry or sector partnership established or expanded with a grant under this paragraph may use such grant funds for the development or expansion of a new or existing career pathway program that utilizes integrated education and training strategies and supports multiple entry and exit points for working students and other working participants1 which may include-- 7aa7 dual-enrollment approaches for participants1 including youth1 seeking to participate in a career pathway program2 and 7bb7 strategies that help working students and other nontraditional and adult student populations access skills and the recognized postsecondary credentials described in subparagraph 7,e77ii77,,vii7 of the eligible partnership's application4 7,,ii7 ,authorized activities ,in establishing or expanding such new or existing career pathway program1 the industry or sector partnership may use a grant under this paragraph for-- 7aa7 the provision of evidence-based professional development for faculty and other staff of an education provider in the industry or sector partnership2 7bb7 the acquisition of equipment necessary to support the delivery of the career pathway program2 and 7cc7 any other evidence-based activities to support the development or implementation of the career pathway program4 7v7 ,supportive services ,in accordance with section #aha7;h71 an industry or sector partnership established or expanded with a grant under this paragraph may use such grant funds to provide supportive services to support the success of individuals1 including individuals with barriers to employment1 who are participating in training services1 as described in subsection 7c77#c77;,d71 which are offered through such partnership4 7,g7 ,designation of a fiscal agent ,an eligible partnership receiving a grant under this paragraph shall designate an entity of the eligible partnership as the fiscal agent for the receipt1 management1 and expenditure of the grant funds4 7,h7 ,non-,federal cost sharing 7i7 ,limits on ,federal share ,an industry or sector partnership established or expanded with a grant under this paragraph may not receive such grant funds for purposes of funding the education and training program offered through such partnership in excess of the following costs of establishing1 operating1 and sustaining such program3 7,i7 ,in the case in which the participating employers in such eligible partnership employ #be or fewer employees1 #gj percent of the costs4 7,,ii7 ,in the case in which the participating employers in such eligible partnership employ more than #be employees1 but fewer than #ajj employees1 #ee percent of the costs4 7,,iii7 ,in the case in which the participating employers in such eligible partnership employ #ajj or more employees1 #dj percent of the costs4 7ii7 ,non-,federal share ,any costs of establishing1 operating1 and sustaining such program that are not covered by the grant received under this paragraph shall be the non-,federal share provided by the industry or sector partnership4 7,i7 ,performance reporting ,not later than #b years after the first award of funds under this paragraph is made by the ,governor and on an annual basis thereafter1 the ,governor shall prepare and submit to the ,secretary a report with respect to the participants served by each eligible partnership receiving funds under this paragraph in the most recent program year1 which report shall include-- 7i7 levels of performance achieved by the eligible partnership1 with respect to the primary indicators of performance under clause 7i7 or 7ii7 of section #aaf7;b77#b77;,a71 as applicable1 for all individuals served by the eligible partnership1 disaggregated by race1 ethnicity1 sex1 disability status1 and age2 and 7ii7 levels of performance achieved by the eligible partnership with respect to the primary indicators of performance under clause 7i7 or 7ii7 of section #aaf7;b77#b77;,a71 as applicable1 for individuals with barriers to employment served by the eligible partnership1 disaggregated by race1 ethnicity1 sex1 disability status1 and age4 7,j7 ,availability of report ,the report submitted by eligible partnerships under subparagraph 7,i7 shall-- 7i7 be made digitally available by the ,secretary using linked1 open1 and interoperable data2 and 7ii7 include the number of individuals who were served by each such eligible partnership4 7,k7 ,limit on administrative costs ,an eligible partnership receiving a grant under this paragraph may not use more than #aj percent of the grant funds for administrative costs4 7,l7 ,definitions ,in this paragraph3 7i7 ,eligible partnership ,the term eligible partnership means-- 7,i7 an industry or sector partnership that-- 7aa7 includes a participating employer2 and 7bb7 is seeking to further implement or expand such industry or sector partnership2 or 7,,ii7 a workforce collaborative that is seeking to become an industry or sector partnership that includes a participating employer4 7ii7 ,high-growth or high-wage industry ,the term high-growth or high-wage industry1 when used with respect to an eligible partnership1 means an industry that-- 7,i7 has1 or is expected to have1 a high rate of growth and an unmet demand for skilled workers1 as determined by the ,governor of the ,state in which the eligible partnership is located2 7,,ii7 has been designated by the ,governor as an in-demand industry experiencing high growth in such ,state2 and 7,,iii7 includes occupations determined by the ,governor-- 7aa7 with wages that are significantly higher than an occupation of similar level of skill or needed skill development2 or 7bb7 that are aligned with career pathways into higher wage occupations4 7iii7 ,participating employer ,the term participating employer1 when used with respect to an eligible partnership1 means an employer in a high-growth or high-wage industry that is 7or will be7 part of the industry or sector partnership that will be expanded 7or established7 by the eligible partnership under this paragraph4 4 7b7 ,required local employment and training activities 7#a7 ,minimum amount for skills development ,section #acd7;c77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#a77 is amended-- 7,a7 in subparagraph 7,a77iv71 by striking to and inserting to provide business services described in paragraph 7#d7 and2 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7,c7 by inserting after subparagraph 7,a71 as so amended1 the following3 7,b7 ,minimum amount for skills development 7i7 ,in general ,subject to clause 7ii71 not less than #ej percent of the funds described in subparagraph 7,a7 shall be used by the local area-- 7,i7 for the payment of training services-- 7aa7 provided to adults under paragraph 7#c77;,f77iii72 and 7bb7 provided to adults and dislocated workers under paragraph 7#c77;,g77ii72 and 7,,ii7 for the payment of training services under paragraph 7#b77;,a7 of section #dad7;c7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih 7#bi ,u4,s4,c4 #cbbd;a7c77 after funds allocated to such local area under paragraph 7#a7 of such section #dad7;c7 have been exhausted4 7ii7 ,exception ,with respect to a local area that uses any funds described in subparagraph 7,a7 to provide supportive services1 in accordance with subsection 7d77#b7 of this section1 for adults and dislocated workers who are participating in training services1 or individualized career services described in clauses 7iii7 and 7vii7 of paragraph 7#b77;,b7 that enable participation in training services1 each percentage of such funds so used shall reduce1 by one percentage point1 the percentage of such funds required to be used by such local area in accordance with clause 7i71 except that such percentage of funds may not be reduced by more than #aj percentage points pursuant to this clause4 2 and 7,d7 in subparagraph 7,c71 as so redesignated1 by striking and 7ii7 and inserting 1 7ii71 and 7iv74 7#b7 ,career services ,section #acd7;c77#b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#b77 is amended-- 7,a7 by redesignating subparagraphs 7,a7 through 7,c7 as subparagraphs 7,b7 through 7,d71 respectively2 7,b7 by inserting before subparagraph 7,b71 as so redesignated1 the following3 7,a7 ,basic career services 7i7 ,in general ,the one-stop delivery system-- 7,i7 shall coordinate with the ,employment ,service office colocated with the one-stop delivery system for such ,employment ,service office to provide1 using the funds allotted to the ,state under section #f of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;e71 basic career services1 which-- 7aa7 shall-- 7,,aa7 include1 at a minimum1 the services listed in clause 7ii72 and 7,,bb7 be available to individuals who are adults or dislocated workers in an integrated manner to streamline access to assistance for such individuals1 to avoid duplication of services1 and to enhance coordination of services2 and 7bb7 may include access to talent marketplaces2 and 7,,ii7 may use funds allocated under paragraph 7#a71 as necessary1 to supplement the services that are provided pursuant to subclause 7,i7 to individuals who are adults or dislocated workers4 7ii7 ,services ,the basic career services provided pursuant to clause 7i7 shall include-- 7,i7 provision of workforce and labor market employment statistics information1 including the provision of accurate 7and1 to the extent practicable1 real-time7 information relating to local1 regional1 and national labor market areas1 including-- 7aa7 job vacancy listings in such labor market areas2 7bb7 information on job skills necessary to obtain the jobs included on such listings2 and 7cc7 information relating to local occupations in demand 7which may include entrepreneurship opportunities71 and the earnings1 skill requirements1 and opportunities for advancement for such occupations2 7,,ii7 labor exchange services1 including job search and placement assistance and1 in appropriate cases1 career counseling1 including-- 7aa7 provision of information on in-demand industry sectors and occupations2 7bb7 provision of information on nontraditional employment2 and 7cc7 provision of information on entrepreneurship1 as appropriate2 7,,iii7 7aa7 provision of information1 in formats that are usable by and understandable to one-stop center customers1 relating to the availability of supportive services or assistance1 including child care1 child support1 medical or child health assistance under title ,,xix or ,,xxi of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq4 and #acig;aa et seq471 benefits under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq471 assistance through the earned income tax credit under section #cb of the ,internal ,revenue ,code of #aihf1 and assistance under a ,state program for temporary assistance for needy families funded under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 and other supportive services and transportation provided through funds made available under such part1 available in the local area2 and 7bb7 referral to the services or assistance described in item 7aa71 as appropriate2 7,,iv7 provision of information and assistance regarding filing claims for unemployment compensation2 and 7,v7 assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under this ,act4 2 7,c7 in subparagraph 7,b71 as so redesignated-- 7i7 in the heading1 by striking the heading and inserting ,individualized career2 7ii7 in the matter preceding clause 7i7-- 7,i7 by inserting individualized before career services2 and 7,,ii7 by inserting shall1 to the extent practicable1 be evidence-based1 before and shall2 7iii7 in clause 7iii71 by inserting 1 and a determination 7considering factors including prior work experience1 military service1 education1 and the in-demand industry sectors and occupations in the local area7 of whether such an individual would benefit from a competency-based assessment developed or identified by the ,state pursuant to subsection 7a77#b77;,b77viii7 to accelerate the time to obtaining employment that leads to economic self-sufficiency or career advancement before the semi-colon at the end2 7iv7 by striking clauses 7iv71 7vi71 7ix71 7x71 and 7xi72 7v7 by redesignating clauses 7v71 7vii71 7viii71 7xii71 and 7xiii7 as clauses 7iv71 7v71 7vi71 7vii71 and 7viii71 respectively2 7vi7 in clause 7v71 as so redesignated1 by inserting and credential after by program2 7vii7 in clause 7vi71 as so redesignated1 by inserting and in multiple languages1 to the extent practicable1 after customers12 and 7viii7 in clause 7vii71 as so redesignated-- 7,i7 in subclause 7,i77aa71 as so redesignated1 by inserting 1 including a competency-based assessment developed or identified by the ,state pursuant to subsection 7a77#b77;,b77viii7 after tools2 7,,ii7 in subclause 7,,vi71 by inserting digital literacy skills1 after learning skills12 7,,iii7 in subclause 7,x71 by striking or at the end2 7,,iv7 in subclause 7,,xi7-- 7aa7 by striking language2 and 7bb7 by striking and at the end and inserting or2 7,v7 by adding at the end the following3 7,,xii7 review or creation of a resume or similar document showcasing the skills1 experience1 relevant credentials1 and education of the individual2 and 4 7,d7 by amending subparagraph 7,c71 as so redesignated1 to read as follows3 7,c7 ,use of previous assessments ,a one-stop operator or one-stop partner shall not be required to conduct a new interview1 evaluation1 or assessment of a participant under subparagraph 7,b77vii7 if the one-stop operator or one-stop partner determines that-- 7i7 it is appropriate to use a recent interview1 evaluation1 or assessment of the participant conducted pursuant to another education or training program2 and 7ii7 using such recent interview1 evaluation1 or assessment will accelerate an eligibility determination4 2 and 7,e7 in subparagraph 7,d71 as so redesignated-- 7i7 in the matter preceding clause 7i7-- 7,i7 by inserting individualized before career2 and 7,,ii7 by striking subparagraph 7,a7 and inserting subparagraph 7,b72 and 7ii7 in clause 7ii71 by inserting 1 libraries1 and community-based organizations after nonprofit service providers4 7#c7 ,training services ,section #acd7;c77#c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#c77 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i71 in the matter preceding subclause 7,i71 by striking clause 7ii7 and inserting clause 7ii7 or 7iii72 7ii7 by amending clause 7i77,,ii7 to read as follows3 7,,ii7 who select programs of training services that are directly linked to the employment opportunities-- 7aa7 in the local area or the planning region2 7bb7 in another area to which the adults or dislocated workers are willing to commute or relocate2 or 7cc7 that may be performed remotely2 4 7iii7 by redesignating clause 7iii7 as clause 7iv72 7iv7 by inserting after clause 7ii7 the following3 7iii7 ,employer referral 7,i7 ,in general ,a one-stop operator or one-stop partner shall not be required to conduct an interview1 evaluation1 or assessment of an individual under clause 7i7 if such individual-- 7aa7 is referred by an employer to receive on-the-job training or employer-directed skills development in connection with that employer2 and 7bb7 has been certified by the employer as being an individual who is in need of training services to obtain unsubsidized employment with such employer and who has the skills and qualifications to successfully participate in the selected program of training services4 7,,ii7 ,priority ,a one-stop operator or one-stop partner shall follow the priority system in effect under subparagraph 7,e7 to determine whether an individual who meets the requirements of subclause 7,i7 of this clause is eligible to receive training services4 2 and 7v7 by adding at the end the following3 7v7 ,adult education and family literacy activities ,in the case of an individual who1 after an interview1 evaluation1 or assessment under clause 7i77,i71 is determined to not have the skills and qualifications to successfully participate in the selected program of training services under clause 7i77,i77cc71 the one-stop operator or one-stop partner shall refer such individual to adult education and literacy activities under title ,,ii1 including for co-enrollment in such activities1 as appropriate4 2 7,b7 in subparagraph 7,b7-- 7i7 in clause 7i7-- 7,i7 in subclause 7,i71 by striking other grant assistance for such services1 including and inserting assistance for such services under2 and 7,,ii7 by striking under other grant assistance programs1 including and inserting under2 and 7ii7 by adding at the end the following3 7iv7 ,participation during eligibility determination ,an individual may participate in a program of training services during the period during which such individual's eligibility for training services under subparagraph 7,a77i7 is being determined1 except that the provider of such a program shall receive reimbursement under this ,act for the individual's participation during such period only if such individual is determined to be eligible under subparagraph 7,a77i74 2 7,c7 in subparagraph 7,d77xi71 by striking customized training and inserting employer-directed skills development2 7,d7 in subparagraph 7,e7-- 7i7 by striking are basic skills deficient and inserting have foundational skill needs2 and 7ii7 by striking paragraph 7#b77;,a77xii7 and inserting paragraph 7#b77;,b77vii72 7,e7 in subparagraph 7,f77ii71 by inserting and the levels of performance for such providers on the performance criteria described in section #abb7;b7 for the #b most recent program years after in section #abb7;d72 7,f7 in subparagraph 7,g77ii7-- 7i7 in subclause 7,,ii71 by striking customized training and inserting employer-directed skills development2 and 7ii7 in subclause 7,,iv7-- 7,i7 by striking is a and inserting is an evidence-based2 and 7,,ii7 by inserting and to support such individuals in gaining requisite skills for in-demand industry sectors or occupations in the local area1 obtaining recognized postsecondary credentials1 and entering unsubsidized employment after employment2 7,g7 in subparagraph 7,h7-- 7i7 in clause 7i71 in the matter preceding subclause 7,i71 by striking reimbursement described in section #c7dd7 and inserting reimbursement described in section #c7dh72 and 7ii7 in clause 7ii7-- 7,i7 in subclause 7,i71 by inserting 1 such as the extent to which participants are individuals with barriers to employment after participants2 and 7,,ii7 in subclause 7,,iii71 by inserting in an occupation or industry sector1 including whether the skills a participant will obtain are transferable to other employers1 occupations1 or industries in the local area or the ,state after opportunities2 and 7,h7 by adding at the end the following3 7,i7 ,employer-directed skills development ,an employer may receive a contract from a local board to provide employer-directed skills development to a participant or group of participants if the employer submits to the local board an agreement that establishes-- 7i7 the provider of the skills development program1 which may be the employer2 7ii7 the length of the skills development program2 7iii7 the recognized postsecondary credentials that will be awarded to1 or the occupational skills that will be gained by1 program participants2 7iv7 the cost of the skills development program2 7v7 the estimated earnings of program participants upon successful completion of the program2 7vi7 the amount of such cost that will be paid by the employer1 which shall not be less than the amount specified in subparagraph 7,c7 of section #c7ai72 and 7vii7 a commitment by the employer to employ the participating individual or individuals upon successful completion of the program4 4 7c7 ,business services ,section #acd7;c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77 is further amended by adding at the end the following3 7#d7 ,business services ,funds described in paragraph 7#a7 shall be used to provide appropriate recruitment and other business services and strategies on behalf of employers1 including small employers and mid-sized employers1 that meet the workforce investment needs of area employers1 as determined by the local board and consistent with the local plan under section #ajh1 which services-- 7,a7 may be provided-- 7i7 through effective business intermediaries working in conjunction with the local board2 7ii7 on a fee-for-service basis2 or 7iii7 through the leveraging of economic development1 philanthropic1 and other public and private resources in a manner determined appropriate by the local board2 and 7,b7 may include one or more of the following3 7i7 ,developing and implementing industry sector strategies 7including strategies involving industry partnerships1 regional skills alliances1 industry skill panels1 and sectoral skills partnerships74 7ii7 ,developing and delivering innovative workforce investment services and strategies for area employers1 which may include career pathways1 skills upgrading1 skill standard development and certification for recognized postsecondary credential or other employer use1 apprenticeship1 developing and offering industry-recognized credential 7including short-term industry-recognized credential7 programs1 including those that support individuals with foundational skill needs1 and other effective initiatives for meeting the workforce investment needs of area employers and workers4 7iii7 ,assistance to area employers in managing reductions in force in coordination with rapid response activities provided under subsection 7a77#b77;,a7 and developing strategies for the aversion of layoffs1 which strategies may include early identification of firms at risk of layoffs1 use of feasibility studies to assess the needs of and options for at-risk firms1 and the delivery of employment and training activities to address risk factors4 7iv7 ,the marketing of business services offered under this title to appropriate area employers1 including small and mid-sized employers4 7v7 ,technical assistance or other support to employers seeking to implement skills-based hiring practices1 which may include technical assistance on the use and validation of employment assessments1 including competency-based assessments developed or identified by the ,state pursuant to paragraph 7#b77;,b77viii71 and support in the creation of skills-based job descriptions4 7vi7 ,other services described in this subsection1 including providing information and referral to microenterprise services1 as appropriate1 and specialized business services not traditionally offered through the one-stop delivery system4 4 7d7 ,permissible local employment and training activities 7#a7 ,activities ,section #acd7;d77#a77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#a77;,a77 is amended-- 7,a7 in clause 7iii71 by striking #aj percent and inserting #cj percent2 7,b7 in clause 7v71 by inserting case management1 after assessments12 7,c7 in clause 7vi7-- 7i7 in subclause 7,,iii71 by striking and at the end2 7ii7 by redesignating subclause 7,,iv7 as subclause 7,,vi72 and 7iii7 by inserting after subclause 7,,iii7 the following3 7,,iv7 employment and training activities under subsections 7d7 and 7o7 of section #f of the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjae72 7,v7 programs under the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjja et seq47 that support employment and economic security2 and 2 7,d7 in clause 7vii7-- 7i7 in subclause 7,,ii7-- 7,i7 by inserting and providers of supportive services1 after small employers12 and 7,,ii7 by striking and at the end2 7ii7 in subclause 7,,iii71 by inserting and at the end2 and 7iii7 by adding at the end the following3 7,,iv7 to strengthen1 through professional development activities1 the knowledge and capacity of one-stop staff to use the latest digital technologies1 tools1 and strategies to deliver high quality services and outcomes for jobseekers1 workers1 and employers2 2 7,e7 by striking clause 7ix72 7,f7 by redesignating clauses 7x7 through 7xii7 as clauses 7ix7 through 7xi71 respectively2 7,g7 in clause 7x71 as so redesignated1 by striking and at the end2 7,h7 in clause 7xi71 as so redesignated1 by striking the period at the end and inserting a semicolon2 and 7,i7 by adding at the end the following3 7xii7 training programs for individuals who are dislocated workers as a result of advances in automation technology2 7xiii7 the use of competency-based assessments for individuals upon initial assessment of skills 7pursuant to subsection 7c77#b77;,a77iii77 or completion of training services or other learning experiences2 7xiv7 the development of partnerships between educational institutions 7including area career and technical education schools1 local educational agencies1 and institutions of higher education7 and employers to create or improve workforce development programs to address the identified education and skill needs of the workforce and the employment needs of employers in a region1 as determined based on the most recent analysis conducted by the local board under section #ajg7;d77#b72 and 7xv7 assistance to one or more public libraries located in the local area that has demonstrated success in leveraging additional resources 7such as staff1 facilities1 computers1 and learning materials7 to provide free and open access to individualized career services1 in order to promote and expand access to such services4 4 7#b7 ,supportive services ,section #acd7;d77#b77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#b77;,b77 is amended1 by inserting 1 including through programs of one-stop partners1 who are after programs4 7#c7 ,needs-related payments ,section #acd7;d77#c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#c77 is amended-- 7,a7 in subparagraph 7,a71 by inserting or for financial assistance through a program carried out by a one-stop partner after compensation2 and 7,b7 in subparagraph 7,b71 by inserting or financial assistance through a program carried out by a one-stop partner after compensation 7#d7 ,incumbent worker training programs 7,a7 ,in general ,section #acd7;d77#d77;,a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#d77;,a77 is amended-- 7i7 in clause 7i71 by striking #bj and inserting #cj2 7ii7 by redesignating clauses 7ii7 and 7iii7 as clauses 7iii7 and 7iv71 respectively2 and 7iii7 by inserting after clause 7i7 the following3 7ii7 ,increase in reservation of funds ,notwithstanding clause 7i7-- 7,i7 with respect to a local area that had a rate of unemployment of not more than #c percent for not less than #f months during the preceding program year1 clause 7i7 shall be applied by substituting #dj percent for #cj percent2 or 7,,ii7 with respect to a local area that meets the requirement in subclause 7,i7 and is located in a ,state that had a labor force participation rate of not less than #fi percent for not less than #f months during the preceding program year1 clause 7i7 shall be applied by substituting #de percent for #cj percent4 4 7,b7 ,training activities ,section #acd7;d77#d77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#d77;,b77 is amended-- 7i7 by striking ,the training1 and inserting the following3 7i7 ,in general ,the training 2 and 7ii7 by striking delivering training and inserting delivering training1 such as industry or sector partnerships4 7,c7 ,non-,federal share ,section #acd7;d77#d77;,d77ii77,,iii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#d77;,d77ii77,,iii77 is amended by striking #ej and inserting #ee4 7,d7 ,incumbent worker upskilling accounts ,section #acd7;d77#d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#d77 is further amended by adding at the end the following3 7,e7 ,incumbent worker upskilling accounts 7i7 ,in general ,to establish incumbent worker upskilling accounts through which an eligible provider of training services under section #abb may be paid for the program of training services provided to an incumbent worker1 a local board-- 7,i7 7aa7 may use1 from the funds reserved by the local area under subparagraph 7,a77i71 an amount that does not exceed #e percent of the funds allocated to such local area under section #acc7;b72 or 7bb7 if the local area reserved funds under subparagraph 7,a77ii71 may use1 from the funds reserved by the local area under subparagraph 7,a77ii71 an amount that does not exceed #aj percent of the funds allocated to such local area under section #acc7;b72 and 7,,ii7 may use funds reserved under section #acd7;a77#b77;,a7 for statewide rapid response activities and provided by the ,state to local area to establish such accounts4 7ii7 ,eligibility 7,i7 ,in general ,subject to subclause 7,,ii71 a local board that seeks to establish incumbent worker upskilling accounts under clause 7i7 shall establish criteria for determining the eligibility of an incumbent worker to receive such an account1 which shall take into account factors of-- 7aa7 the wages of the incumbent worker as of the date of determining such worker's eligibility under this clause2 7bb7 the career advancement opportunities for the incumbent worker in the occupation of such worker as of such date2 and 7cc7 the ability of the incumbent worker to1 upon completion of the program of training services selected by such worker1 secure employment in an in-demand industry or occupation in the local area that will lead to economic self-sufficiency and wages higher than the current wages of the incumbent worker4 7,,ii7 ,limitation 7aa7 ,in general ,an incumbent worker described in item 7bb7 shall be ineligible to receive an incumbent worker upskilling account under this subparagraph4 7bb7 ,ineligibility ,item 7aa7 shall apply to an incumbent worker-- 7,,aa7 whose total annual wages for the most recent year are greater than the median household income of the ,state2 or 7,,bb7 who has earned a baccalaureate or professional degree4 7iii7 ,cost sharing for certain incumbent workers ,with respect to an incumbent worker who is determined to be eligible to receive an incumbent worker upskilling account and who is not a low-income individual-- 7,i7 such incumbent worker shall pay not less than #be percent of the cost of the program of training services selected by such worker2 and 7,,ii7 funds provided through the incumbent worker upskilling account established for such worker shall cover the remaining #ge percent of the cost of the program4 4 7,e7 ,transitional jobs ,section #acd7;d77#e7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;d77#e77 is amended by striking #aj and inserting #ae4 7e7 ,rule of construction ,section #acd of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7 is further amended by adding at the end the following3 7e7 ,rule of construction ,nothing in this section shall be construed to abrogate a collective bargaining agreement that covers employees of an entity providing a program of training services1 including an incumbent worker training program4 4 #d ,general ,workforce ,investment ,provisions #ade4 ,authorization of appropriations ,section #acf of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caha7 is amended to read as follows3 #acf4 ,authorization of appropriations 7a7 ,youth workforce investment activities ,there are authorized to be appropriated to carry out the activities described in section #abg7;a7 #idh1acj1jjj for each of the fiscal years #bjbg through #bjcb4 7b7 ,adult employment and training activities ,there are authorized to be appropriated to carry out the activities described in section #acb7;a77#a7 #hge1fdi1jjj for each of the fiscal years #bjbg through #bjcb4 7c7 ,dislocated worker employment and training activities ,there are authorized to be appropriated to carry out the activities described in section #acb7;a77#b7 #a1cca1dab1jjj for each of the fiscal years #bjbg through #bjcb4 4 ,d ,job ,corps #aea4 ,purposes ,section #ada of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caia7 is amended-- 7#a7 by striking centers each place it appears and inserting campuses2 and 7#b7 in paragraph 7#a77;,a7-- 7,a7 by striking secondary school diplomas and inserting regular high school diplomas or their recognized equivalents2 7,b7 in clause 7i71 by striking or at the end2 7,c7 in clause 7ii71 by striking 1 including an apprenticeship program2 and and inserting 2 or2 and 7,d7 by adding at the end the following3 7iii7 enrollment in an apprenticeship program2 and 4 #aeb4 ,definitions ,section #adb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caib7 is amended-- 7#a7 in paragraphs 7#a71 7#g71 7#h71 and 7#aj71 by striking center each place it appears and inserting campus2 7#b7 in paragraph 7#a77;,b71 by inserting the community in which the ,job ,corps campus is located or the after serves2 7#c7 in paragraph 7#e7-- 7,a7 by striking secondary school diploma or and inserting regular high school diploma or its2 7,b7 by striking that prepares and inserting that-- 7,a7 prepares 2 7,c7 in subparagraph 7,a71 as so redesignated1 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7,b7 may lead to the attainment of a recognized postsecondary credential4 2 and 7#d7 in paragraph 7#g71 by striking center in the heading and inserting campus4 #aec4 ,individuals eligible for the ,job ,corps ,section #add of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caid7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking #ba and inserting #bd2 7ii7 by inserting or1 if the date of enrollment is not greater than #fj days after the date of application1 the date of application1 after enrollment12 7iii7 by amending subparagraph 7,a7 to read as follows3 7,a7 an individual who is age #af or #ag shall be eligible only upon an individual determination by the director of a ,job ,corps campus that such individual meets the criteria described in subparagraph 7,a7 or 7,b7 of section #ade7;b77#a72 and 2 and 7iv7 in subparagraph 7,b71 by striking either2 7,b7 in paragraph 7#b71 by inserting after individual the following3 or a resident of a qualified opportunity zone as defined in section #adjj,z-#a7;a7 of the ,internal ,revenue ,code of #aihf2 and 7,c7 in paragraph 7#c7-- 7i7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,has foundational skill needs4 2 and 7ii7 in subparagraph 7,c71 by striking 7#db ,u4,s4,c4 #adjdc;e-#b7f777 and inserting 7#cd ,u4,s4,c4 #abdgc7f7774 7#b7 in subsection 7b7-- 7,a7 in the heading1 by inserting and certain other ,armed ,forces members after veterans2 and 7,b7 by inserting or a member of the ,armed ,forces eligible for preseparation counseling of the ,transition ,assistance ,program under section #aadb of title #aj1 ,united ,states ,code1 after a veteran2 and 7#c7 by inserting at the end the following3 7c7 ,special rule for homeless youth and foster youth ,in determining whether an individual is eligible to enroll for services under this subtitle on the basis of being a homeless youth1 or a youth in foster care1 as described in subsection 7a77#c77;,c71 staff shall-- 7#a7 if determining whether the individual is a homeless youth1 use a process that is in compliance with the requirements of subsection 7a7 of section #dgi;,d of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhguu-#b7 for financial aid administrators2 and 7#b7 if determining whether the individual is a youth in foster care1 use a process that is in compliance with the requirements of subsection 7b7 of such section #dgi;,d of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhguu-#b7 for financial aid administrators4 4 #aed4 ,recruitment1 screening1 selection1 and assignment of enrollees ,section #ade of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caie7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,a71 by striking #de and inserting #ee2 7,b7 in subparagraph 7,d71 by striking and2 7,c7 in subparagraph 7,e71 by striking the period and inserting 2 and2 and 7,d7 by adding at the end the following3 7,f7 assist applicable one-stop centers and other entities identified in paragraph 7#c7 in developing joint applications for ,job ,corps1 ,youth,build1 and the youth activities described in section #abi4 2 and 7#b7 in subsections 7b71 7c71 and 7d7-- 7,a7 by striking center each place it appears and inserting campus2 and 7,b7 by striking centers each place it appears and inserting campuses4 #aee4 ,job ,corps ,campuses ,section #adg of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caig7 is amended-- 7#a7 in the heading1 by striking centers and inserting campuses2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking center each place it appears and inserting campus2 and 7ii7 in subparagraph 7,a71 by inserting after area career and technical education school1 the following3 an institution of higher education12 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking center each place it appears and inserting campus2 and 7,,ii7 by inserting after ,united ,states ,code1 the following3 and section #aei7;f77#b77;,b77i77,,iii712 and 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i7-- 7aa7 by striking operate a ,job ,corps center and inserting operate a ,job ,corps campus2 7bb7 by striking subclause 7,,iv72 7cc7 by redesignating subclauses 7,i71 7,,ii71 7,,iii71 and 7,v71 as subclauses 7,,iii71 7,,iv71 7,v71 and 7,,vi71 respectively2 7dd7 by inserting before subclause 7,,iii71 as so redesignated1 the following3 7,i7 7aa7 in the case of an entity that has previously operated a ,job ,corps campus1 a numeric metric of the past achievement on the primary indicators of performance for eligible youth described in section #aaf7;b77#b77;,a77ii72 or 7bb7 in the case of an entity that has not previously operated a ,job ,corps campus1 a comparable alternative numeric metric on the past effectiveness of the entity in successfully assisting at-risk youth to connect to the labor force1 based on such primary indicators of performance for eligible youth2 7,,ii7 in the case of an entity that has previously operated a ,job ,corps campus1 any information regarding the entity included in any report developed by the ,office of ,inspector ,general of the ,department of ,labor2 2 7ee7 in subclause 7,,iii71 as so redesignated1 by striking center and inserting campus2 7ff7 by amending subclause 7,,iv71 as so redesignated1 to read as follows3 7,,iv7 the ability of the entity to offer career and technical education and training that has been proposed by the workforce council under section #aed7;c71 including-- 7aa7 the degree to which such education and training reflects employment opportunities in the local areas in which enrollees at the campus intend to seek employment2 and 7bb7 the degree to which such education and training leads to a recognized postsecondary credential1 or postsecondary credit1 that permits articulation into a higher level or other degree or credential program2 2 7gg7 in subclause 7,v71 as so redesignated1 by striking center is located2 and inserting campus is located1 including agreements to provide off-campus work-based learning opportunities aligned with the career and technical education provided to enrollees2 and2 and 7hh7 by amending subclause 7,,vi71 as so redesignated1 to read as follows3 7,,vi7 the ability of the entity to implement an effective behavior management plan1 as described in section #aeb7;a71 and maintain a safe and secure learning environment for enrollees4 2 and 7,,ii7 in clause 7ii71 by striking center and inserting campus2 and 7,c7 in paragraph 7#c7-- 7i7 by striking center each place it appears and inserting campus2 7ii7 in subparagraph 7,b71 by inserting or postsecondary credit1 which credit shall permit articulation into a credential program after program2 7iii7 in subparagraph 7,d71 by inserting after is located the following3 1 including agreements to provide off-campus work-based learning opportunities aligned with the career and technical education provided to enrollees2 7iv7 by redesignating subparagraphs 7,e71 7,f71 7,g71 7,h71 7,i71 7,j71 and 7,k7 as subparagraphs 7,f71 7,g71 7,h71 7,i71 7,j71 7,k71 and 7,l71 respectively2 and 7v7 by inserting after subparagraph 7,d7 the following3 7,e7 ,a description of the policies that will be implemented at the campus regarding security and access to campus facilities1 including procedures to report on and respond to violations of the disciplinary policy described in section #aeb7;b7 and other emergencies occurring on campus4 2 7#c7 in subsection 7b7-- 7,a7 in the heading1 by striking centers and inserting campuses2 7,b7 by striking center each place it appears and inserting campus2 7,c7 by striking centers each place it appears and inserting campuses2 7,d7 in paragraph 7#b77;,a71 by striking #bj percent and inserting #be percent2 and 7,e7 in paragraph 7#c77;,a77iv71 by striking secondary school diplomas and inserting regular high school diplomas2 7#d7 in subsection 7c7-- 7,a7 by striking centers and inserting campuses2 and 7,b7 by striking #bj percent and inserting #cj percent2 7#e7 in subsection 7d7-- 7,a7 in the first sentence1 by striking centers and inserting campuses2 and 7,b7 in the second sentence1 by striking centers and inserting ,centers2 7#f7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking centers and inserting campuses2 and 7,b7 in paragraph 7#b71 by striking #dej;b7 and inserting #ecjd72 7#g7 in subsection 7f71 by striking #b-year period and inserting #c-year period2 and 7#h7 in subsection 7g7-- 7,a7 by striking center each place it appears and inserting campus2 7,b7 in paragraph 7#a71 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 failed to achieve an average of #hj percent or higher of the expected level of performance under section #aei7;c77#a7 across all of the primary indicators of performance for eligible youth described in section #aaf7;b77#b77;,a77ii72 or 7,b7 failed to-- 7i7 take reasonable measures to achieve an average of #hj percent of the planned average onboard strength that was agreed to in the agreement described in subsection 7a77#a77;,a72 or 7ii7 achieve an average of #fj percent of the planned average onboard strength that was agreed to in the agreement described in subsection 7a77#a77;,a74 2 7,c7 in paragraph 7#b77;,b71 by inserting or onboard strength or enrollment after performance2 7,d7 in paragraph 7#c71 by striking shall provide and inserting shall provide1 at least #cj days prior to renewing the agreement2 and 7,e7 in paragraph 7#d7-- 7i7 in subparagraph 7,c71 by striking and after the semicolon2 7ii7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7iii7 by inserting after subparagraph 7,c7 the following3 7,d7 has maintained a safe and secure campus environment2 and 4 #aef4 ,program activities ,section #adh of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caih7 is amended-- 7#a7 by striking center each place it appears and inserting campus2 7#b7 by striking centers each place it appears and inserting campuses2 7#c7 in subsection 7a7-- 7,a7 in the subsection heading1 by striking ,,centers and inserting ,,campuses2 and 7,b7 in paragraph 7#a7-- 7i7 by inserting before the period at the end the following3 1 and productive activities1 such as tutoring or other skills development opportunities1 for enrollees to participate in outside of regular class time and work hours2 and 7ii7 by striking clauses 7i7 through 7xi7 of section #acd7;c77#b77;,a7 and inserting subclauses 7,i7 through 7,v7 of section #acd7;c77#b77;,a77ii7 or in clauses 7i7 through 7viii7 of section #acd7;c77#b77;,b72 7#d7 in subsection 7b71 by striking career and technical educational institutions and inserting area career and technical education schools2 7#e7 in subsection 7c77#a7-- 7,a7 by striking the eligible providers and inserting any eligible provider2 and 7,b7 by inserting after under section #abb the following3 that is aligned with the career and technical education an enrollee has completed2 and 7#f7 in subsection 7d71 by inserting 1 in coordination with the operator of the ,job ,corps program in which a graduate was enrolled1 after ,secretary4 #aeg4 ,counseling and job placement ,section #adi7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caii7;b77 is amended-- 7#a7 by inserting 1 in coordination with the operator of a ,job ,corps campus1 after ,the ,secretary2 7#b7 by inserting assigned to such campus after for enrollees2 and 7#c7 by inserting 1 in coordination with the operator1 after 1 the ,secretary4 #aeh4 ,support ,section #aej of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbjj7 is amended-- 7#a7 in subsection 7a71 by striking centers and inserting campuses2 and 7#b7 by adding at the end the following3 7d7 ,period of transition ,notwithstanding the requirements of section #adf7;b71 a ,job ,corps graduate may remain an enrollee and a resident of a ,job ,corps campus for not more than one month after graduation as such graduate transitions into independent living and employment if such graduate receives written approval from the director of the ,job ,corps campus to remain such a resident4 4 #aei4 ,operations ,section #aea of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbja7 is amended-- 7#a7 by striking center each place it appears and inserting campus2 and 7#b7 by adding at the end the following3 7d7 ,local authority 7#a7 ,in general ,subject to the limitations of the budget approved by the ,secretary for a ,job ,corps campus1 the operator of a ,job ,corps campus shall have the authority1 without prior approval from the ,secretary1 to-- 7,a7 hire staff and provide staff professional development2 7,b7 set terms and enter into agreements with ,federal1 ,state1 or local educational partners1 such as secondary schools1 institutions of higher education1 child development centers1 units of ,junior ,reserve ,officers' ,training ,corps programs established under section #bjca of title #aj1 ,united ,states ,code1 or employers2 and 7,c7 engage with and educate stakeholders 7including eligible applicants for the ,job ,corps7 about ,job ,corps operations1 selection procedures1 and activities4 7#b7 ,nonapplicability ,notwithstanding section #fgjb of title #da1 ,united ,states ,code1 or any other provision of law1 chapter #fg of such title shall not apply to any agreement described in paragraph 7#a77;,b7 for the purpose of providing child care to enrollees between an entity described in such paragraph and an operator of a ,job ,corps campus1 if the operator is not using amounts made available under this subtitle to pay for such child care services4 7e7 ,prior notice ,prior to making a change to the agreement described in section #adg7;a7 or an operating plan described in this section1 the ,secretary shall solicit from the operators of the ,job ,corps campuses information on any operational costs the operators expect to result from such change4 4 #afj4 ,standards of conduct ,section #aeb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbjb7 is amended-- 7#a7 by striking centers each place it appears and inserting campuses2 7#b7 in subsection 7a71 by inserting ,as part of the operating plan required under section #aea7;a71 the director of each ,job ,corps campus shall develop and implement a behavior management plan consistent with the standards of conduct and subject to the approval of the ,secretary4 at the end2 7#c7 in subsection 7b77#b7-- 7,a7 in subparagraph 7,a71 by striking or disruptive2 and 7,b7 in subparagraph 7,c77ii71 by inserting 1 subject to the appeal process described in subsection 7c7 after subparagraph 7,a72 and 7#d7 by amending subsection 7c7 to read as follows3 7c7 ,appeal process 7#a7 ,enrollee appeals ,a disciplinary measure taken by a director under this section shall be subject to expeditious appeal in accordance with procedures established by the ,secretary4 7#b7 ,director appeals 7,a7 ,in general ,not later than #a year after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 the ,secretary shall establish an appeals process under which the director of a ,job ,corps campus may submit a request that an enrollee who has engaged in an activity which is a violation of the guidelines established pursuant to subsection 7b77#b77;,a7 remain enrolled in the program1 but be subject to other disciplinary actions in lieu of automatic separation from the program4 7,b7 ,contents ,a request under subparagraph 7,a7 shall include-- 7i7 a signed certification from the director attesting that1 to the belief of the director1 the continued enrollment of such enrollee would not impact the safety or learning environment of the campus2 and 7ii7 the behavioral records of such enrollee4 7,c7 ,default approval ,the ,secretary shall review such appeal within #cj days of receiving such appeal and either approve or deny the appeal4 ,an appeal shall be considered approved if the ,secretary has not denied such appeal after #cj days4 4 #afa4 ,community participation ,section #aec of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbjc7 is amended-- 7#a7 by striking center each place it appears and inserting campus2 7#b7 in subsection 7a71 by striking centers and inserting campuses2 7#c7 in subsection 7b77#a77;,c7-- 7,a7 in clause 7iii71 by striking and at the end2 and 7,b7 by adding at the end the following3 7v7 industry or sector partnerships1 where applicable2 and 2 and 7#d7 in subsection 7c71 in the heading1 by striking ,centers and inserting ,campuses4 #afb4 ,workforce councils ,section #aed of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbjd7 is amended-- 7#a7 by striking center each place it appears and inserting campus2 7#b7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,c7 by inserting the following after subparagraph 7,b73 7,c7 representatives of community-based organizations2 and 2 7#c7 in subsection 7c77#b77;,c71 by inserting 1 recognized postsecondary credentials1 after skills2 and 7#d7 in subsection 7d71 in the heading1 by striking ,new centers and inserting ,new campuses4 #afc4 ,advisory committees ,section #aee of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbje7 is amended-- 7#a7 by striking ,the ,secretary and inserting 7a7 ,in general4--,the ,secretary2 7#b7 by striking centers and inserting campuses2 7#c7 by striking center and inserting campus2 and 7#d7 by adding at the end the following3 7b7 ,advisory ,committee to improve ,job ,corps safety and performance ,not later than one year after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 the ,secretary shall establish an advisory committee to provide recommendations on effective or evidence-based strategies to improve-- 7#a7 safety1 security1 and learning conditions on ,job ,corps campuses2 7#b7 the standards for campus safety established under section #aei7;c77#d72 7#c7 the levels of performance established under section #aei7;c77#a71 including recommendations to improve the effectiveness and rigor of such levels of performance and recommendations to ensure such levels promote continuous performance improvement2 and 7#d7 the effectiveness of performance improvement plans and other measures to continuously improve the performance of the ,job ,corps program4 4 #afd4 ,experimental projects and technical assistance ,section #aef of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbjf7 is amended-- 7#a7 by striking center and inserting campus2 7#b7 by striking centers and inserting campuses2 and 7#c7 in subsection 7b7-- 7,a7 by striking #a_/d of #a percent to provide and inserting #a4be percent to provide2 and 7,b7 in paragraph 7#a71 by striking and at the end of subparagraph 7,c7 and by adding at the end the following3 7,d7 in the development and implementation of a behavior management plan under section #aeb7;a72 and 7,e7 in complying with the campus and student safety standards described in section #aei7;c77#d72 and 4 #afe4 ,special provisions ,section #aeh of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbjh7 is amended-- 7#a7 by striking center each place it appears and inserting campus2 and 7#b7 in subsection 7f7-- 7,a7 by striking may accept on behalf of the ,job ,corps or individual ,job ,corps campuses charitable donations of cash and inserting 7or the ,secretary of ,agriculture1 as appropriate71 on behalf of the ,job ,corps1 or a ,job ,corps campus operator1 on behalf of such campus1 may accept grants1 charitable donations of cash12 and 7,b7 by inserting at the end the following3 ,notwithstanding sections #eja7;b7 and #ebb of title #dj1 ,united ,states ,code1 any property acquired by a ,job ,corps campus shall be directly transferred1 on a nonreimbursable basis1 to the ,secretary44 #aff4 ,management information 7a7 ,levels of performance ,section #aei of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbji7 is amended-- 7#a7 by striking center each place it appears and inserting campus2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,the ,secretary and inserting the following3 7,a7 ,in general ,the ,secretary 2 7ii7 by inserting that are ambitious yet achievable and after program2 and 7iii7 by adding at the end the following new subparagraphs3 7,b7 ,levels of performance ,in establishing the expected levels of performance under subparagraph 7,a7 for a ,job ,corps campus1 the ,secretary may take into account factors including-- 7i7 how the levels involved compare with the recent performance of such campus and the performance of other campuses within the same ,state or geographic region2 7ii7 the levels of performance set for the primary indicators of performance described in section #aaf7;b77#b77;,a77ii7 for the youth programs authorized under chapter #b of subtitle ,b for the ,state in which the campus is located2 7iii7 the extent to which the levels involved promote continuous improvement in performance on the primary indicators of performance by such campus and ensure optimal return on the use of ,federal funds2 and 7iv7 any other considerations identified by the ,secretary after reviewing the recommendations of the advisory group described in section #aee7;b74 7,c7 ,performance per contract ,the ,secretary shall ensure the expected levels of performance are established in the relevant contract or agreement4 7,d7 ,adjustments based on economic conditions and individuals served during the program year 7i7 ,in general ,in the event of a significant economic downturn1 the ,secretary shall adjust the applicable levels of performance for each of the campuses for a program year to reflect the actual economic conditions during such program year4 7ii7 ,report to ,congress ,prior to implementing the adjustments described in clause 7i71 the ,secretary shall submit to the ,committee on ,education and ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report explaining the reason for such adjustments4 7,e7 ,review of levels of performance ,the ,office of ,inspector ,general of the ,department of ,labor shall1 every #e years1 submit to the ,committee on ,education and ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 and publish in the ,federal ,register and on a publicly available website of the ,department1 a report containing-- 7i7 a quadrennial review of the expected levels of performance2 and 7ii7 an evaluation of whether-- 7,i7 the ,secretary is establishing such expected levels of performance in accordance with this ,act2 and 7,,ii7 such expected levels have led to continued improvement of the ,job ,corps program4 2 7,b7 in paragraph 7#b77;,b71 by striking 7,l71 and 7,m7 and inserting 7,m71 and 7,n72 7,c7 in paragraph 7#c77;,b71 by striking 7,j71 and 7,k7 and inserting 7,k71 and 7,l72 7,d7 by redesignating paragraph 7#d7 as paragraph 7#e72 7,e7 by inserting after paragraph 7#c7 the following3 7#d7 ,campus safety 7,a7 ,in general ,the ,secretary shall establish campus and student safety standards4 ,the ,secretary shall provide technical assistance and develop a safety improvement plan for a ,job ,corps campus that fails to achieve such standards4 7,b7 ,considerations ,in establishing the campus and student safety standards under subparagraph 7,a71 the ,secretary shall take into account-- 7i7 incidents related to safety that are reported to the ,secretary2 7ii7 survey data from enrollees1 faculty1 staff1 and community members2 and 7iii7 any other considerations identified by the ,secretary after reviewing the recommendations of the advisory group described in section #aee7;b74 2 7,f7 in paragraph 7#e71 as so redesignated-- 7i7 in subparagraph 7,a71 by striking and at the end2 7ii7 in subparagraph 7,b71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7,c7 the number of contracts that were awarded a renewal compared to those eligible for a renewal2 7,d7 the number of campuses where the contract was awarded to a new operator2 and 7,e7 the number of campuses that were required to receive performance improvement1 as described under subsection 7f77#b74 2 and 7,g7 by adding at the end the following3 7#f7 ,wage records ,the ,secretary shall make arrangements with a ,state or other appropriate entity to facilitate the use of ,state wage records to evaluate the performance of ,job ,corps campuses on the employment and earnings indicators described in clause 7i77,,iii7 of subparagraph 7,a7 of section #aaf7;b77#b7 and subclauses 7,i7 and 7,,ii7 of clause 7ii7 of such subparagraph for the purposes of the report required under paragraph 7#e74 2 7#c7 in subsection 7d77#a7-- 7,a7 by inserting and make available on the website of the ,department pertaining to the ,job ,corps program in a manner that is consumer-tested to ensure it is easily understood1 searchable1 and navigable1 after subsection 7c77#d712 7,b7 in subparagraph 7,b71 by striking gender and inserting sex2 7,c7 in subparagraph 7,f71 by striking regular secondary school diploma and inserting regular high school diploma2 7,d7 in subparagraph 7,g71 by striking regular secondary school diploma and inserting regular high school diploma2 7,e7 by redesignating subparagraphs 7,j7 through 7,o7 as subparagraphs 7,k7 through 7,p71 respectively2 and 7,f7 by inserting the following after subparagraph 7,i73 7,j7 the number of appeals under section #aeb7;c7 and a description of each appeal that was approved2 2 7#d7 in subsection 7e71 by striking #aaf7;i77#b7 and inserting #aaf7;j77#b72 and 7#e7 in subsection 7g77#b71 by striking comply and inserting attest to compliance4 7b7 ,performance assessments and improvements ,section #aei7;f7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbji7 is amended to read as follows3 7f7 ,performance assessments and improvements 7#a7 ,assessments ,the ,secretary shall conduct an annual assessment of the performance of each ,job ,corps campus on the primary indicators of performance described in section #aaf7;b77#b77;,a77ii71 where each indicator shall be given equal weight in determining the overall performance of the campus4 ,based on the assessment1 the ,secretary shall take measures to continuously improve the performance of the ,job ,corps program4 7#b7 ,performance improvement 7,a7 ,comprehensive improvement 7i7 ,in general ,with respect to a ,job ,corps campus that1 for a program year1 performs as described in clause 7ii7 and is not already subject to a performance improvement plan under this paragraph for such program year or the succeeding program year1 the ,secretary shall develop and implement1 for a comprehensive improvement period beginning with the succeeding program year1 a performance improvement plan that meets the requirements of clause 7iii74 7ii7 ,performance failures ,a ,job ,corps campus performs as described in this clause if1 for a program year1 such campus-- 7,i7 fails to meet an average of #ij percent on the expected levels of performance across all the primary indicators of performance specified in subsection 7c77#a72 and 7,,ii7 is ranked among the lowest #bj percent of all ,job ,corps campuses4 7iii7 ,performance improvement plan requirements ,a performance improvement plan1 with respect to a ,job ,corps campus1 shall require the ,secretary to take substantial action during a #c consecutive program year period 7in this paragraph1 referred to as a comprehensive improvement period7 to improve the performance of such campus1 which shall include-- 7,i7 providing technical assistance to the campus2 7,,ii7 changing the management staff of the campus2 7,,iii7 changing the career and technical education and training offered at the campus2 7,,iv7 replacing the operator of the campus2 or 7,v7 reducing the capacity of the campus4 7,b7 ,chronic failure 7i7 ,in general ,with respect to a ,job ,corps campus that1 for the two consecutive program years immediately following a comprehensive improvement period and regardless of whether such campus is subject to a subsequent comprehensive improvement period1 fails to meet an average of #he percent on the expected levels of performance across all the primary indicators and is ranked among the lowest #ae percent of all ,job ,corps campuses1 the ,secretary shall take further substantial action to improve the performance of such campus1 which shall include-- 7,i7 relocating the campus2 7,,ii7 closing the campus2 or 7,,iii7 notifying the ,state in which the campus is located of such failure and1 if such ,state submits a written plan to operate a residential campus in the current location1 the ,secretary-- 7aa7 shall enter into a memorandum of understanding with the ,state for the purpose of so operating a residential campus and award funding directly to the ,state for such purpose2 7bb7 may encourage innovation in such memorandum of understanding by waiving any statutory or regulatory requirement of this subtitle except for those related to participant eligibility under section #add1 program activities under section #adh1 counseling and job placement under section #adi1 standards of conduct under section #aeb1 and performance reporting and accountability under this section2 and 7cc7 if a ,state chooses to award funds received under this clause to an entity that is not a ,state agency or other ,state entity1 require that such ,state develop award criteria that will give priority consideration for the primary contract or grant for operation of the campus to any applicant that is a non-profit organization with expertise in serving out-of-school youth and that otherwise meets such award criteria4 7ii7 ,indian ,tribes 7,i7 ,in general ,in the case of a ,job ,corps campus described in clause 7i7 that is located on an ,indian reservation1 subclause 7,,iii7 of such clause shall be applied by-- 7aa7 by substituting ,indian ,tribe for ,state in each place it appears2 and 7bb7 in item 7cc71 by substituting ,tribal organization for ,state agency or other ,state entity4 7,,ii7 ,definition ,in this paragraph1 the terms ,indian ,tribe and ,tribal organization have the meanings given such terms in subsections 7e7 and 7l71 respectively1 of section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,additional performance improvement ,in addition to the performance improvement plans required under paragraph 7#b71 the ,secretary may develop and implement additional performance improvement plans for a ,job ,corps campus that fails to meet criteria established by the ,secretary other than the expected levels of performance described in subsection 7c77#a74 7#d7 ,civilian ,conservation ,centers ,with respect to a ,civilian ,conservation ,center that1 for #c consecutive program years1 fails to meet an average of #ij percent of the expected levels of performance across all the primary indicators of performance specified in subsection 7c77#a7 and is ranked among the lowest #ae percent of campuses1 the ,secretary of ,labor or1 if appropriate1 the ,secretary of ,agriculture shall select1 on a competitive basis1 an entity to operate part or all of the ,civilian ,conservation ,center in accordance with the requirements of section #adg4 4 7c7 ,conforming amendments ,section #aei of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbji7 is further amended-- 7#a7 in subsection 7a77#c71 by striking centers and inserting campuses2 7#b7 in subsection 7g77#a71 in the heading1 by striking ,center and inserting ,campus2 and 7#c7 in subsection 7j71 in the heading1 by striking ,center and inserting ,campus4 #afg4 ,job ,corps oversight and reporting ,section #afa of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbaa7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in the heading1 by striking ,center and inserting ,campus2 and 7,b7 by striking center and inserting campus2 7#b7 by redesignating subsection 7d7 as subsection 7e72 and 7#c7 by inserting after subsection 7c7 the following new subsection3 7d7 ,report on implementation of recommendations ,the ,secretary shall1 on an annual basis1 prepare and submit to the applicable committees a report regarding the implementation of all outstanding recommendations regarding the ,job ,corps program from the ,office of ,inspector ,general of the ,department of ,labor or the ,government ,accountability ,office4 4 #afh4 ,authorization of appropriations ,section #afb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbab7 is amended to read as follows3 #afb4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subtitle #a1gfj1aee1jjj for each of the fiscal years #bjbg through #bjcb4 4 #afi4 ,conforming amendments ,section #adf7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caif7;a77 is amended by striking ,app4 #dea and inserting #chja4 ,e ,national programs #aga4 ,native ,american programs ,section #aff of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbba7 is amended-- 7#a7 in subsection 7a77#b71 by striking 7#be ,u4,s4,c4 #dej et seq47 and inserting 7#be ,u4,s4,c4 #ecja et seq472 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking 7#be ,u4,s4,c4 #dej;b7 and inserting 7#be ,u4,s4,c4 #ecjd72 and 7,b7 in paragraph 7#c71 by inserting 7#bj ,u4,s4,c4 #geag7 before the period at the end2 7#c7 in subsection 7d77#a7-- 7,a7 in subparagraph 7,a71 by striking and2 7,b7 in subparagraph 7,b7-- 7i7 by striking leading and inserting or self-employment that leads2 and 7ii7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 are evidence-based1 to the extent practicable4 2 7#d7 in subsection 7d77#b71 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,administrative costs ,not more than #ae percent of the funds made available to an entity under subsection 7c7 may be used for the administrative costs of the activities and services described in subparagraph 7,a74 7,c7 ,special rules 7i7 ,eligibility ,notwithstanding any other provision of this section1 individuals who were eligible to participate in programs under section #dja of the ,job ,training ,partnership ,act 7as such section was in effect on the day before the date of enactment of the ,workforce ,investment ,act of #aiih7 shall be eligible to participate in an activity assisted under this section4 7ii7 ,transfer of unobligated funds ,an entity receiving funds under subsection 7c7 may transfer such funds that are unobligated for an award year to the following award year for activities described in subparagraph 7,a77i7 in that following award year4 2 7#e7 in subsection 7e77#c71 by inserting or to develop skills necessary for successful self-employment before the semicolon at the end2 7#f7 in subsection 7h7-- 7,a7 in paragraph 7#a7-- 7i7 in the heading1 by striking the heading and inserting ,performance standards2 7ii7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,consultation on performance standards ,the ,secretary1 in consultation with the ,native ,american ,employment and ,training ,council1 shall develop performance standards on the primary indicators of performance described in section #aaf7;b77#b77;,a7 that shall be applicable to programs under this section4 2 and 7iii7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking indicators and2 7,b7 in paragraph 7#b71 by striking section #aaf7;b77#b77;,a7 and all that follows through the period at the end of the paragraph and inserting the following3 section #aaf7;b77#b77;,a7-- 7,a7 taking into consideration-- 7i7 economic conditions2 7ii7 characteristics and needs of the individuals and groups served1 including the differences in needs among such groups in various geographic service areas2 and 7iii7 other appropriate factors1 including the economic circumstances of the communities served2 and 7,b7 using1 to the extent practicable1 the statistical adjustment model under section #aaf7;b77#c77;,a77viii74 2 and 7,c7 by adding at the end the following3 7#c7 ,program plan ,the levels agreed to under paragraph 7#b7 shall be the adjusted levels of performance and shall be incorporated in the program plan4 7#d7 ,wage records 7,a7 ,in general ,the ,secretary shall make arrangements with any ,state or other appropriate entity to facilitate the use of ,state wage records to evaluate the performance of entities funded under this section on the employment and earnings indicators described in subclauses 7,i7 through 7,,iii7 of section #aaf7;b77#b77;,a77i7 for the purposes of the report required under paragraph 7#e74 7,b7 ,other wage records ,for any individual working in ,indian country 7as defined in section #aaea of title #ah1 ,united ,states ,code7 whose wages are not submitted to a relevant ,state as an unemployment insurance wage record1 the ,indian tribe with jurisdiction over that ,indian country may submit other forms of documentation of the wages of such individual to the ,state for purposes of the report required under paragraph 7#e74 7#e7 ,performance results ,for each program year1 the ,secretary shall make available on a publicly accessible website of the ,department of ,labor a report on the performance1 during such program year1 of entities funded under this section on-- 7,a7 the primary indicators of performance described in section #aaf7;b77#b77;,a72 and 7,b7 the adjusted levels of performance for such entities as described in paragraph 7#b74 2 and 7#g7 in subsection 7i7-- 7,a7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking ,using and inserting the following3 7i7 ,establishment ,using 2 and 7,,ii7 by adding at the end the following3 7ii7 ,recommendations ,the ,secretary shall meet1 on not less than an annual basis1 with the ,council to consider recommendations from the ,council on the operation and administration of the programs assisted under this section4 2 7ii7 in subparagraph 7,b7-- 7,i7 by striking ,the ,council and inserting the following3 7i7 ,in general ,the ,council 2 and 7,,ii7 by inserting at the end the following3 7ii7 ,vacancies ,an individual appointed to fill a vacancy on the ,council occurring before the expiration of the term for which the predecessor of such individual was appointed shall be appointed only for the remainder of that term4 ,such an individual may serve on the ,council after the expiration of such term until a successor is appointed4 2 and 7iii7 in subparagraph 7,f71 by inserting 1 virtually or in person before the period at the end2 and 7,b7 in paragraph 7#f7-- 7i7 by striking more than one ,state and inserting a ,state2 7ii7 by inserting or provided by another grantee that receives funds awarded under subtitle ,b from any ,state for adult1 youth1 or dislocated worker programs after this title2 7iii7 by striking ,governors of the affected ,states and inserting ,governor of any affected ,state2 and 7iv7 by striking the ,states and inserting the ,state or other grantee4 #agb4 ,migrant and seasonal farmworker programs ,section #afg of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbb7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking ,to be and inserting the following3 7#a7 ,in general ,to be 2 and 7,b7 by adding at the end the following3 7#b7 ,prohibition on geographic limitations ,in determining eligibility under paragraph 7#a71 the ,secretary may not place limitations on the geographic location of the entity or on the intended area to be served4 2 7#b7 in subsection 7c71 by adding at the end the following3 7#e7 ,wage records ,the ,secretary shall make arrangements with a ,state or other appropriate entity to facilitate the use of ,state wage records to evaluate the performance of entities funded under this section on the employment and earnings indicators described in subclauses 7,i7 through 7,,iii7 of section #aaf7;b77#b77;,a77i7 for the purposes of the report required under paragraph 7#f74 7#f7 ,performance results ,for each program year1 the ,secretary shall make available on a publicly accessible website of the ,department a report on the performance1 during such program year1 of entities funded under this section on-- 7,a7 the primary indicators of performance described in section #aaf7;b77#b77;,a72 and 7,b7 the adjusted levels of performance for such entities as described in paragraph 7#c74 2 7#c7 in subsection 7d77#a71 by inserting development of digital literacy skills1 after literacy instruction12 7#d7 by redesignating subsections 7e7 through 7i7 as subsections 7f7 through 7j71 respectively2 7#e7 by inserting after subsection 7d7 the following3 7e7 ,administrative costs ,not more than #aj percent of the funds provided to an entity under this section may be used for the administrative costs of the activities and services carried out under subsection 7d74 2 and 7#f7 in subsection 7i71 as so redesignated-- 7,a7 in the heading1 by striking ,allocation and inserting allocation2 funding obligation2 7,b7 by striking ,from and inserting the following3 7#a7 ,funding allocation ,from 2 and 7,c7 by adding at the end the following3 7#b7 ,funding obligation ,funds appropriated and made available to carry out this section for any fiscal year may be obligated by the ,secretary during the period beginning on ,april #a of the calendar year that begins during such fiscal year and ending on ,june #cj of the following calendar year to be made available to an entity described in subsection 7b74 4 #agc4 ,technical assistance 7a7 ,general technical assistance ,section #afh7;a77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbc7;a77#a77 is amended-- 7#a7 by striking appropriate training1 technical assistance1 staff development and inserting appropriate education1 technical assistance1 professional development for staff2 7#b7 in subparagraphs 7,b71 7,c71 and 7,d71 by striking training each place it appears and inserting professional development2 7#c7 by redesignating subparagraphs 7,g7 and 7,h7 as subparagraphs 7,j7 and 7,k71 respectively2 and 7#d7 by inserting after subparagraph 7,f7 the following3 7,g7 assistance to the one-stop delivery system and the ,employment ,service established under the ,wagner-,peyser ,act for the integration of basic career service activities pursuant to section #acd7;c77#b77;,a72 7,h7 assistance to ,states with maintaining1 and making accessible to jobseekers and employers1 the lists of eligible providers of training services required under section #abb2 7,i7 assistance to ,states that apply for such assistance under section #abb7;j7 for the purposes described in such subsection2 4 7b7 ,performance accountability technical assistance ,section #afh7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbc7;b77 is amended-- 7#a7 in the header1 by striking ,dislocated worker and inserting ,performance accountability2 and 7#b7 in paragraph 7#a7-- 7,a7 in the first sentence-- 7i7 by inserting 1 pursuant to paragraphs 7#a7 and 7#b7 of section #aaf7;f71 after technical assistance2 and 7ii7 by striking with respect to employment and training activities for dislocated workers and inserting with respect to the core programs2 and 7,b7 in the second sentence-- 7i7 by striking assistance to dislocated workers and inserting assistance to individuals served by a core program2 and 7ii7 by striking provided to dislocated workers and inserting provided to such individuals4 7c7 ,communities impacted by substance use disorders ,section #afh of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbc7 is further amended by adding at the end the following3 7d7 ,communities impacted by substance use disorders ,the ,secretary shall1 as part of the activities described in subsection 7c77#b71 evaluate and disseminate to ,states and local areas information regarding evidence-based and promising practices for addressing the economic workforce impacts associated with high rates of substance use disorders1 which information shall-- 7#a7 be updated annually to reflect the most recent and available research2 and 7#b7 include information-- 7,a7 shared by ,states and local areas regarding effective practices for addressing such impacts2 and 7,b7 on how to apply for any funding that may be available under section #agj7;b77#a77;,e74 4 #agd4 ,evaluations and research 7a7 ,in general ,section #afi of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b7-- 7i7 by redesignating subparagraph 7,g7 as subparagraph 7,h72 7ii7 in subparagraph 7,f7-- 7,i7 by striking 2 and at the end2 and 7,,ii7 by inserting 1 including individuals with barriers to employment after demographic groups2 and 7iii7 by inserting the following after subparagraph 7,f73 7,g7 the extent to which such programs or activities are using emerging technology to-- 7i7 collect1 analyze1 use1 and disseminate accurate and transparent local and ,state level labor market information2 7ii7 integrate administrative data1 in accordance with ,federal and ,state privacy laws1 to more comprehensively understand and improve education and workforce outcomes2 and 7iii7 identify and address deficiencies in existing ,federal1 ,state1 and local workforce data infrastructure and related source systems2 and 2 7,b7 in paragraph 7#c7-- 7i7 by striking ,the ,secretary and inserting the following3 7,a7 ,in general ,the ,secretary 2 and 7ii7 by adding at the end the following new subparagraph3 7,b7 ,limitation ,the ,secretary may not use the authority described in subparagraph 7,a7 if the evaluations required under paragraph 7#a7 have not been initiated or completed in the time period required4 2 and 7,c7 in paragraph 7#d71 in the second sentence-- 7i7 by striking ,the ,secretary and inserting ,beginning after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 the ,secretary2 and 7ii7 by striking #bjai and inserting #bjbh2 and 7#b7 in subsection 7b7-- 7,a7 by amending paragraph 7#d7 to read as follows3 7#d7 ,studies and reports 7,a7 ,study on employment conditions ,the ,secretary1 in coordination with other heads of ,federal agencies1 as appropriate1 may conduct a study examining the nature of participants' unsubsidized employment after exit from programs carried out under this ,act-- 7i7 including with respect to factors such as the availability of paid time off in the employment1 health and retirement benefits provided through the employment1 workplace safety standards at the place of employment1 the predictability and stability of the work schedule for the employment1 the ability to obtain through the employment credentials that may permit articulation into a higher level or other degree or credential program1 and advancement opportunities in the employment2 and 7ii7 that includes a description of the feasibility of ,congress establishing1 through future legislation1 an indicator of performance under section #aaf related to such factors4 7,b7 ,study on improving workforce services for individuals with disabilities ,the ,secretary of ,labor1 in coordination with the ,secretary of ,health and ,human ,services1 may conduct studies that analyze the access to services by individuals with disabilities1 including whether an individual who is unable to receive services under title ,,iv due to a wait list for such services is able to receive services under titles ,i through ,,iii4 7,c7 ,study on the effectiveness of pay for performance ,the ,secretary shall1 not later than #d years after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 conduct a study that-- 7i7 compares the effectiveness of the pay-for-performance strategies used under sections #abi1 #acd1 and #agb after such date of enactment to the awarding of grants and contracts under such sections as in effect on the day before the date of enactment of such ,act2 and 7ii7 examines1 with respect to grants under sections #abi1 #acd1 and #agb after such date of enactment-- 7,i7 the competition structure of pay-for-performance grants and contracts under such sections2 7,,ii7 the quality of applications received for grants and contracts under such sections2 and 7,,iii7 whether individuals with barriers to employment were effectively served under the pay-for-performance strategies for grants and contracts under such sections4 7,d7 ,study on individual training accounts for dislocated workers ,the ,secretary shall1 not later than #d years after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 conduct a study that compares the usage of individual training accounts for dislocated workers after such date of enactment to the usage of such accounts prior to such date of enactment1 including a comparison of-- 7i7 the types of training services and occupations targeted by dislocated workers when using their individual training accounts2 and 7ii7 the effectiveness of the skills development funded through individual training accounts in helping such individuals attain credentials and secure unsubsidized employment4 7,e7 ,study on statewide critical industry skills funds ,the ,secretary shall1 not later than #d years after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 conduct a study that will review the usage of statewide critical industry skills funds established by ,states under section #acd7;a77#d7 and identify1 for purposes of measuring the overall effectiveness of the program-- 7i7 the industries targeted by the funds under section #acd7;a77#d72 7ii7 the occupations for which workers are being upskilled2 7iii7 how frequently skills development is provided to prospective workers and incumbent workers1 and 7iv7 the reported performance outcomes4 7,f7 ,study on industry or sector partnership and career pathways development funds ,the ,secretary shall1 not later than #d years after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 conduct a study that will review the usage of industry or sector partnership and career pathways development funds established by ,states under section #acd7;a77#e7 and identify1 for purposes of measuring the overall effectiveness of the program-- 7i7 the industries targeted by the funds under section #acd7;a77#e7 and the growth in employment opportunities in such industries over the period of the study2 7ii7 the occupations workers are receiving skills development for and how frequently such skills development is occurring through the funds under section #acd7;a77#e72 7iii7 the ,states where such funds were used to establish new industry or sector partnerships1 the ,states where such funds were used to expand existing industry or sector partnerships1 and an overview of the types of partners participating in such partnerships2 and 7iv7 the reported performance outcomes4 7,g7 ,study on the effectiveness of employer-based training ,the ,secretary shall1 not later than #d years after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 conduct a study that measures the effectiveness of on-the-job training1 employer-directed skills training1 apprenticeship1 and incumbent worker training under this title in preparing jobseekers and workers1 including those with barriers to employment1 for unsubsidized employment4 ,such study shall include the cost per participant and wage and employment outcomes1 as compared to other methods of training4 7,h7 ,study on the effectiveness and use of emerging technology in the workforce development system ,the ,secretary shall1 not later than #d years after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 conduct a study that-- 7i7 measures the effectiveness of emerging technology 7including artificial intelligence and machine learning7 and other advanced computational methods1 in improving ,state workforce development system service delivery1 labor market data system performance1 data collection and integration to understand participant and program outcomes1 and end-user tools for facilitating career exploration or related data insights2 7ii7 measures the extent to which ,states have adopted and implemented such technology and methods in their workforce development systems1 including by describing how the technology or method is being used1 analyzing the accuracy of such technology or method1 and identifying any exhibited bias by any such technology or method2 and 7iii7 includes an analysis of the consequences of advances in automation technology on employment opportunities1 skills development1 including digital literacy skills development1 and worker dislocation4 7,i7 ,study on the alignment between education and workforce development systems ,the ,secretary of ,labor1 shall1 not later than #d years after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 conduct a study on the alignment of workforce development programs under this ,act with elementary and secondary education and postsecondary education4 ,the study shall examine-- 7i7 ,state efforts to integrate data related to career and technical education programs1 dual enrollment programs1 pre-apprenticeships and apprenticeships1 and other work-based learning programs to inform decisionmaking and improve educational opportunities and outcomes2 7ii7 challenges related to and strategies that promote such alignment to facilitate student participation in high-quality college and career pathways2 and 7iii7 governance structures and funding sources to promote such alignment4 7,j7 ,study on job corps ,the ,secretary of ,labor shall1 not later than #d years after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 conduct an evaluation that-- 7i7 uses the most rigorous available methods that are appropriate and feasible to evaluate program effectiveness2 7ii7 measures the effect of the ,job ,corps program on participating individuals on outcomes related to the purposes described in section #ada7a71 including educational attainment1 employment1 earnings1 and other related outcomes1 compared with the non-participant peers of those individuals1 to determine if the program has a statistically significant effect 7including long-term effects7 on such outcomes2 and 7iii7 evaluates the cost-effectiveness of the program4 7,k7 ,reports ,the ,secretary shall prepare and disseminate to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,workforce of the ,house of ,representatives1 and on the publicly available website of the ,department1 reports containing the results of the studies conducted under this paragraph4 2 and 7,b7 in paragraph 7#e71 by adding at the end the following3 7,c7 ,evaluation of grants 7i7 ,in general ,for each grant or contract awarded under this paragraph1 the ,secretary shall conduct a rigorous evaluation of the multistate project to determine the impact of the activities supported by the project1 including the impact on the employment and earnings of program participants4 7ii7 ,report ,the ,secretary shall prepare and disseminate to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,workforce of the ,house of ,representatives1 and to the public1 including through electronic means1 reports containing the results of evaluations conducted under this subparagraph4 4 7b7 ,workforce data quality initiative ,section #afi of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbd7 is further amended by adding at the end the following3 7d7 ,workforce data quality initiative 7#a7 ,grant program ,of the amount made available pursuant to section #acb7;a77#b77;,a7 for any program year1 the ,secretary shall use not less than #e percent and not more than #aj percent of such amount1 and may also use funds authorized for purposes of carrying out this section1 to award grants to eligible entities to create workforce longitudinal data systems1 talent marketplaces1 and associated resources for the purposes of assisting ,states to-- 7,a7 improve program quality2 7,b7 produce evidence for decision making2 7,c7 meet performance reporting requirements2 7,d7 protect the privacy of users2 and 7,e7 improve transparency in relation to labor market trends and changes in job skills needed to obtain employment4 7#b7 ,application ,to be eligible to receive a grant under this subsection1 an eligible entity shall submit an application to the ,secretary1 at such time and in such manner as the ,secretary may require1 which shall include-- 7,a7 a description of the activities the eligible entity is proposing1 including a description of the need for such activities and a detailed budget2 7,b7 a description of the expected outcomes and outputs 7such as systems or products7 that will result from the proposed activities and the proposed uses of such outputs2 7,c7 a description of how the proposed activities will support the reporting of performance data for the performance accountability requirements under section #aaf1 including outcomes for eligible training providers2 7,d7 a description of the methods and procedures the eligible entity will use to ensure the security and privacy of the collection1 storage1 and use of all data involved in the systems and resources supported through the grant1 including compliance with ,state and ,federal privacy and confidentiality law2 7,e7 a plan for how the eligible entity will continue the activities or sustain the use of the outputs created with the grant funds after the grant period ends2 and 7,f7 a description of how the eligible entity will ensure interoperability and portability between the talent marketplace maintained by the eligible entity and other talent marketplaces through the use of open standards4 7#c7 ,priority ,in awarding grants under the subsection1 the ,secretary shall give priority to eligible entities that-- 7,a7 are-- 7i7 ,state agencies of ,states that have not previously received a grant from the ,secretary for the purposes of this subsection and demonstrate a substantial need to improve its data infrastructure1 including for the development of a talent marketplace2 or 7ii7 consortia of ,state agencies that are comprised of ,state agencies from multiple ,states and include at least one ,state agency described in clause 7i7 and have the capacity to make significant contributions toward building interoperable and portable interstate data infrastructure2 and 7,b7 will use grant funds to-- 7i7 expand the adoption and use of linked1 publicly available1 and interoperable data on knowledge1 skills1 and abilities represented through credentials1 occupational job descriptions1 and learning assertions1 including through the development of a talent marketplace or other tools and services designed to help learners and workers make informed decisions2 7ii7 participate in and contribute data to a multistate data collaborative1 including data that provides participating ,states the ability to better understand-- 7,i7 earnings and employment outcomes of individuals who work out-of-,state2 and 7,,ii7 interstate earnings and employment trends2 7iii7 enhance collaboration with private sector workforce and labor market data entities and the end-users of workforce and labor market data1 including individuals1 employers1 economic development agencies1 and workforce development providers2 7iv7 leverage the use of non-,federal contributions to improve workforce data infrastructure1 including staff capacity building2 or 7v7 expand existing statewide integrated longitudinal data systems1 including such systems receiving assistance under section #bjh of the ,educational ,technical ,assistance ,act of #bjjb 7#bj ,u4,s4,c4 #ifjg74 7#d7 ,use of funds ,in addition to the activities described in paragraph 7#c77;,b71 an eligible entity awarded a grant under this subsection may use funds to carry out any of the following activities3 7,a7 ,developing or enhancing a ,state's workforce longitudinal data system1 including by participating and contributing data to the ,state's data system1 if applicable1 that links with elementary and secondary school and postsecondary data4 7,b7 ,accelerating the replication and adoption of data systems1 projects1 products1 or practices already in use in one or more ,states to other ,states4 7,c7 ,research and labor market data improvement activities to improve the timeliness1 relevance1 and accessibility of such data through pilot projects that are developed locally but designed to scale to other regions or ,states4 7,d7 ,establishing or enhancing a talent marketplace4 7,e7 ,developing policies1 guidelines1 and security measures for data collection1 storing1 and sharing to ensure compliance with relevant ,federal and ,state privacy laws and regulations4 7,f7 ,increasing local board access to and integration with the ,state's workforce longitudinal data system in a secure manner4 7,g7 ,creating or participating in a data exchange for collecting and using standards-based jobs and employment data including1 at a minimum1 job titles or occupation codes4 7,h7 ,improving ,state and local staff capacity to understand1 use1 and analyze data to improve decision-making and improve participant outcomes4 7#e7 ,administration 7,a7 ,duration ,a grant awarded under this subsection may be for a period of up to #c years4 7,b7 ,supplement1 not supplant ,funds made available under this subsection shall be used to supplement1 and not supplant1 other ,federal1 ,state1 or local funds used for development of ,state data systems4 7,c7 ,report ,each eligible entity that receives a grant under this subsection shall submit a report to the ,secretary not later than #ahj days after the conclusion of the grant period on the activities supported through the grant and improvements in the use of workforce and labor market information that have resulted from such activities4 7#f7 ,definition ,in this subsection-- 7,a7 ,eligible entity ,the term #8eligible entity' means a ,state agency1 including a ,state workforce agency or a consortium of ,state agencies1 including a multistate data collaborative1 that is or includes the ,state agency responsible for-- 7i7 ,state employer wage records used by the ,state's unemployment insurance programs in labor market information reporting and analysis and for fulfilling the reporting requirements under section #aaf7;d72 7ii7 the production of labor market information2 and 7iii7 the direct administration of one or more of the core programs4 7,b7 ,multistate data collaborative ,the term multistate data collaborative means a partnership among two or more ,states to coordinate the governance and standards for workforce related data maintained by such ,states in order to facilitate interoperability and the secure exchange of such data between such ,states4 4 #age4 ,national dislocated worker grants ,section #agj of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbe7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c71 by striking and at the end2 7ii7 in subparagraph 7,d77ii71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,e7 to an entity described in subsection 7c77#a77;,b7 to provide employment and training activities related to the prevention and treatment of substance use disorders1 including addiction treatment1 mental health treatment1 and pain management1 in an area that1 as a result of widespread substance use1 addiction1 and overdoses1 has higher-than-average demand for such activities that exceeds the availability of ,state and local resources to provide such activities4 2 and 7,b7 by adding at the end the following3 7#c7 ,performance results ,the ,secretary shall collect the necessary information from each entity receiving a grant under this section to determine the performance of such entity on the primary indicators of performance described in section #aaf7;b77#b77;,a77i7 and make such information available on the publicly accessible website of the ,department in a format that does not reveal personally identifiable information4 2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 by striking subsection 7b77#a77;,a7 and inserting subparagraph 7,a7 or 7,e7 of subsection 7b77#a72 and 7ii7 by striking 1 in such manner1 and containing such information and inserting and in such manner2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,b7-- 7,i7 in the heading1 by striking ,retraining and inserting ,reskilling2 and 7,,ii7 by striking retraining and inserting reskilling2 7ii7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 and 7iii7 by inserting after subparagraph 7,b7 the following3 7,c7 ,substance use related grants ,in order to be eligible to receive employment and training assistance under a national dislocated worker grant awarded pursuant to subsection 7b77#a77;,e71 an individual shall be-- 7i7 a dislocated worker2 7ii7 a long-term unemployed individual2 7iii7 an individual who is unemployed or significantly underemployed as a result of widespread substance use in the area2 or 7iv7 an individual who is employed or seeking employment in a health care profession involved in the prevention and treatment of substance use disorders1 including such professions that provide addiction treatment1 mental health treatment1 or pain management4 4 #agf4 ,youth,build ,program ,section #aga of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbbf7 is amended-- 7#a7 in subsection 7b77#g71 by striking 7#be ,u4,s4,c4 #dej;b7 and inserting 7#be ,u4,s4,c4 #ecjd72 7#b7 in subsection 7c7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,amount of grants2 reservation 7,a7 ,amount of grants ,subject to subparagraph 7,b71 the ,secretary is authorized to make grants to applicants for the purpose of carrying out ,youth,build programs approved under this section4 7,b7 ,reservation for rural areas and ,indian tribes 7i7 ,tribal reservation ,subject to clause 7iii71 in carrying out subparagraph 7,a71 the ,secretary shall reserve not less than #e percent of the total amount appropriated for the purposes of that subparagraph to make grants to applicants that are-- 7,i7 ,indian tribes1 tribal organizations1 or ,native ,hawaiian organizations 7as such term is defined in section #aff7;b772 or 7,,ii7 carrying out programs for the benefit of ,indians4 7ii7 ,rural reservation ,subject to clause 7iii71 in carrying out subparagraph 7,a71 the ,secretary shall reserve not less than #aj percent of the total amount appropriated for purposes of that subparagraph to make grants to applicants that are located in rural areas4 7iii7 ,exception ,if the ,secretary does not receive a sufficient number of applications of sufficient quality to award the amounts reserved under clause 7i7 or amounts reserved under clause 7ii7 in accordance with the requirements of the applicable clause1 the ,secretary may-- 7,i7 award grants to applicants described in clause 7i7 or clause 7ii71 as the case may be1 in an amount not to exceed #a1ejj1jjj per grant2 and 7,,ii7 use any remaining amount reserved under the applicable clause to1 notwithstanding the requirements of that clause1 award grants under subparagraph 7,a7 to other applications that are not described in such clause4 2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7iv7-- 7aa7 in subclause 7,,ii71 by striking language learners and inserting learners2 7bb7 in subclause 7,,iii71 by striking a secondary and inserting a regular high2 and 7cc7 in subclause 7,,iv71 by striking required and inserting available ,federal1 ,state1 or institutional2 7,,ii7 in clause 7v71 by striking drug and alcohol abuse and inserting substance use disorder2 7,,iii7 in clause 7vii7-- 7aa7 by inserting to ensure full participation in a ,youth,build program1 including such services for individuals with disabilities1 after services2 and 7bb7 by inserting unsubsidized after retaining2 and 7,,iv7 in clause 7viii71 by inserting 1 including career services after assistance2 and 7ii7 by adding at the end the following3 7,i7 ,provision of meals and other food assistance to participants in conjunction with another activity described in this paragraph4 7,j7 ,provision of information on and referral to ,federal and ,state means tested programs4 2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking such time1 in such manner1 and containing such information and inserting such time and in such manner2 and 7ii7 in subparagraph 7,b7-- 7,i7 in the header1 by striking ,minimum requirements and inserting ,requirements2 7,,ii7 by striking 1 at a minimum2 7,,iii7 in clause 7iii71 by striking unions and inserting labor organizations2 7,,iv7 by amending clause 7v7 to read as follows3 7v7 a description of the educational and job training activities1 work opportunities1 postsecondary education and training opportunities1 and other services that will be provided to participants1 and how those activities1 opportunities1 and services will-- 7,i7 prepare youth for employment in in-demand industry sectors or occupations in the labor market area described in clause 7i72 and 7,,ii7 support youth in attaining a regular high school diploma or its recognized equivalent2 2 7,v7 in clause 7vii71 by striking 7including agencies of ,indian tribes7 and inserting 1 ,indian tribes1 tribal organizations1 and tribal educational agencies 7as such term is defined in section #facb7;b7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gdeb7;b7772 7,,vi7 in clause 7x71 by inserting located in the region proposed to be served by such applicant1 as applicable after tribes2 7,,vii7 by amending clause 7xii7 to read as follows3 7xii7 a description of the levels of performance the applicant expects to achieve on the primary indicators of performance described in section #aaf7;b77#b77;,a77ii72 2 7,,viii7 in clause 7xiii71 by striking unions and inserting labor organizations2 7,,ix7 by redesignating clauses 7xv7 through 7xxi7 as clauses 7xvi7 through 7xxii71 respectively2 and 7,x7 by inserting after clause 7xiv7 the following3 7xv7 a description of any strategies the applicant will use to engage program participants in providing feedback and informing decision-making related to the program2 2 and 7,d7 in paragraph 7#d7-- 7i7 by striking such selection criteria as the ,secretary shall establish under this section1 which shall include criteria and inserting selection criteria2 7ii7 in subparagraph 7,j77iii71 by adding and after the semicolon2 7iii7 in subparagraph 7,k71 by striking 2 and and inserting a period2 and 7iv7 by striking subparagraph 7,l72 7#c7 in subsection 7e77#a77;,b77i7-- 7,a7 by striking are basic skills deficient and inserting have foundational skill needs2 and 7,b7 by striking secondary and inserting regular high2 7#d7 in subsection 7f71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,use of wage records ,the ,secretary shall make arrangements with a ,state or other appropriate entity to facilitate the use of ,state wage records to evaluate the performance of ,youth,build programs funded under this section on the employment and earnings indicators described in section #aaf7;b77#b77;,a77ii7 for the purposes of the report required under paragraph 7#c74 7#c7 ,performance results ,for each program year1 the ,secretary shall make available1 on a publicly accessible website of the ,department1 a report on the performance of ,youth,build programs1 during such program year1 funded under this section on-- 7,a7 the primary indicators of performance described in section #aaf7;b77#b77;,a77ii72 and 7,b7 the expected levels of performance for such programs as described in paragraph 7#a74 7#d7 ,consultation ,in establishing expected levels of performance under paragraph 7#a71 the ,secretary shall consult1 on not less than an annual basis1 with entities carrying out ,youth,build programs to ensure such levels of performance account for the workforce development and postsecondary education experiences of youth served by such programs4 2 7#e7 in subsection 7g71 by inserting at the end the following3 7#d7 ,annual release of funding opportunity announcement ,the ,secretary shall1 to the greatest extent practicable1 announce new funding opportunities for grants under this section during the same time period each year for which such grants are available4 2 and 7#f7 by amending subsection 7i7 to read as follows3 7i7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #aje1jjj1jjj for each of the fiscal years #bjbg through #bjcb4 4 #agg4 ,reentry employment opportunities ,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 #age2 and 7#b7 by inserting after section #aga the following3 #agb4 ,reentry employment opportunities 7a7 ,purposes ,the purposes of this section are-- 7#a7 to improve the employment1 earnings1 and skill attainment1 and reduce recidivism1 of adults and youth who have been involved with the justice system2 7#b7 to prompt innovation and improvement in the reentry of offenders into the workforce so that successful initiatives can be established or continued1 and replicated2 and 7#c7 to further develop the evidence on how to improve employment1 earnings1 and skill attainment1 and reduce recidivism1 of offenders1 through rigorous evaluations of specific services provided1 including how they affect different populations and how they are best combined and sequenced1 and disseminate such evidence to entities supporting the reentry of offenders is into the workforce4 7b7 ,reentry employment opportunities program 7#a7 ,in general ,from the amounts appropriated under section #age7;e7 and not reserved under subsection 7h71 the ,secretary shall carry out a ,reentry ,employment ,opportunities ,program1 through which the ,secretary-- 7,a7 except as provided in subparagraph 7,b71 in order to implement reentry projects that serve eligible adults or eligible youth shall1 on a competitive basis-- 7i7 make direct awards 7through grants1 contracts1 or cooperative agreements7 to eligible entities to implement such reentry projects2 and 7ii7 in any year for which the ,secretary makes awards under clause 7i71 make intermediary awards to eligible entities who are national or regional intermediaries1 who shall use the award funds-- 7,i7 to make direct awards to eligible entities to implement such reentry projects2 or 7,,ii7 to implement such reentry projects2 and 7,b7 in order to implement youth reentry employment opportunities projects1 through that program1 that serve eligible youth shall1 on a competitive basis-- 7i7 make direct awards to youth project eligible entities to implement such youth reentry projects2 and 7ii7 in any year for which the ,secretary makes awards under clause 7i71 make intermediary awards to youth project eligible entities who are national or regional intermediaries1 who shall use the award funds-- 7,i7 to make direct awards to youth project eligible entities to implement such youth reentry projects2 or 7,,ii7 to implement such youth reentry projects4 7#b7 ,allocation to activities ,from the amounts appropriated under section #age7;e7 and not reserved under subsection 7h71 the ,secretary-- 7,a7 shall use not less than #bj percent of such amounts for awards under paragraph 7#a77;,a7 to eligible entities to serve as national or regional intermediaries to provide the award funds to other eligible entities-- 7i7 to implement reentry projects described in paragraph 7#a77;,a72 and 7ii7 to monitor and support such entities2 7,b7 shall use not less than #bj percent of such amounts for direct or intermediary awards under paragraph 7#a77;,b7 to-- 7i7 implement youth reentry projects described in paragraph 7#a77;,b72 and 7ii7 in cases in which the award recipients make direct awards to other youth reentry project eligible entities1 monitor and support such entities2 7,c7 shall use #bj percent of such amounts1 from the portion reserved to carry out paragraph 7#a77;,a71 to award funds to eligible entities using pay-for-performance contracts-- 7i7 that specify a fixed amount that will be paid to such an entity based on the achievement1 within a defined timeframe1 of proposed levels of performance described under subsection 7e77#b77;,a7 on the indicators of performance described in subsection 7e77#a77;,a77i72 and 7ii7 which may provide for bonus payments to such entity to expand capacity to provide effective services2 and 7,d7 shall ensure awards made under this section are made to eligible entities from geographically diverse areas1 in addition to giving the priorities described in paragraph 7#e74 7#c7 ,initial award periods ,the ,secretary shall make an award under this section for an initial period of not more than #d years4 7#d7 ,additional awards ,the ,secretary may make1 for a period of not more than #d years1 #a or more additional awards to an eligible entity that received an award under this section if the eligible entity achieved the levels of performance agreed upon with the ,secretary 7as described in subsection 7e77#b77 for the most recent award period4 7#e7 ,priority ,in awarding funds under this section1 the ,secretary shall give priority to eligible entities whose applications submitted under subsection 7c7 demonstrate a commitment to use such funds to implement a reentry project-- 7,a7 that will serve a high-poverty area2 7,b7 that will enroll eligible youth or eligible adults-- 7i7 prior to the release of such individuals from incarceration in a correctional institution2 or 7ii7 not later than #ij days after such release2 7,c7 whose strategy and design are evidence-based2 7,d7 for which the eligible entity will establish a partnership with-- 7i7 a business2 7ii7 an institution of higher education or provider under section #abb 7as determined by the ,state where services are being provided7 to provide project participants with a program leading to a recognized postsecondary credential in an in-demand industry sector or occupation2 7iii7 a local educational agency2 or 7iv7 an agency that receives assistance for a program under section #bbe2 7,e7 that provides training services1 including employment-directed skills development and on-the-job training1 that are designed to meet the specific requirements of an employer 7including a group of employers71 industry1 or sector1 and are conducted with a commitment by the employer to employ individuals upon successful completion of the preparation2 and 7,f7 that will serve a rural area4 7#f7 ,construction 7,a7 ,projects with intermediaries ,an intermediary who receives funds under paragraph 7#a71 to the extent that the intermediary uses the funds to make direct awards to eligible entities1 shall carry out the functions of the ,secretary described in paragraphs 7#c71 7#d71 and 7#e7 of this subsection1 and paragraphs 7#a71 7#b7 7other than paragraph 7#b77;,j771 and 7#d7 of subsection 7c74 7,b7 ,reentry employment opportunities program projects ,for purposes of this section1 a reference to an eligible entity1 used with respect to a youth reentry project carried out under paragraph 7#a77;,b71 shall be considered to be a reference to a youth project eligible entity4 7c7 ,application 7#a7 ,form and procedure ,to be qualified to receive funds under this section1 an eligible entity shall submit an application to the ,secretary at such time1 and in such manner1 as is determined by the ,secretary1 and containing the information described in paragraph 7#b7 and1 as applicable1 paragraph 7#c7 or 7#d74 7#b7 ,contents ,an application submitted by an eligible entity under paragraph 7#a7 shall contain the following3 7,a7 ,a description of the eligible entity1 including the experience of the eligible entity in providing education1 employment1 and training services for offenders4 7,b7 ,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 served4 7,c7 ,a description of the proposed education1 employment1 and training services and supportive services1 if applicable1 to be provided under such reentry project1 and how such activities will prepare participants for employment in an in-demand industry sector or occupation within the geographic area to be served by such reentry project4 7,d7 ,the anticipated schedule for carrying out the activities proposed for the reentry project4 7,e7 ,a description of-- 7i7 the partnerships the eligible entity will establish with agencies and entities within the criminal justice system1 agencies and entities within the juvenile justice system1 local boards1 one-stop operators1 one-stop partners1 community-based organizations1 and employers 7including local businesses7 to provide participants in the reentry project with work-based learning1 job placement1 and recruitment 7if applicable72 and 7ii7 how the eligible entity will coordinate its activities with other services and benefits available to offenders in the geographic area to be served by the reentry project4 7,f7 ,a description of the manner in which individuals will be recruited and selected for participation for the reentry project4 7,g7 ,a detailed budget and a description of the system of fiscal controls1 and auditing and accountability procedures1 that will be used to ensure fiscal soundness for the reentry project4 7,h7 ,a description of the proposed levels of performance to be achieved with respect to the indicators of performance described in subsection 7e74 7,i7 ,a description of the evidence-based practices the eligible entity will use in administration of the reentry project4 7,j7 ,an assurance that the eligible entity will collect1 disaggregate by each subpopulation of individuals with barriers to employment1 and by race1 ethnicity1 sex1 and age1 and report to the ,secretary the data required with respect to the reentry project carried out by the eligible entity for purposes of determining levels of performance achieved and conducting the evaluation under this section4 7,k7 ,an assurance that the eligible entity will provide a match as described in subsection 7d77#d74 7,l7 ,a description of how the eligible entity plans to continue the reentry project after the award period4 7,m7 ,for any project offering a recognized postsecondary credential1 a description of how the project leads to the credential4 7,n7 ,for a project that also serves as a program carried out under section #bbe1 a description of how the award funds will be used to carry out the education described in section #bbe1 in conjunction with the activities described in subsection 7d74 7#c7 ,additional content for intermediary applicants ,an application submitted by an eligible entity seeking to serve as a national or regional intermediary as described in subparagraph 7,a7 or 7,b7 of subsection 7b77#a7 shall also contain each of the following3 7,a7 ,an identification and description of the eligible entities that will be subawardees of such intermediary and implement the reentry projects1 which shall include subawardees in-- 7i7 #c or more noncontiguous metropolitan areas or rural areas2 and 7ii7 not fewer than #b ,states4 7,b7 ,a description of the services and supports the intermediary will provide to the subawardees1 including administrative and fiscal support to ensure the subawardees comply with all subaward requirements4 7,c7 ,a description of how the intermediary will facilitate the replication of evidence-based practices or other best practices identified by the intermediary across all subawardees4 7,d7 ,if such intermediary is currently receiving1 or has previously received1 funds under this section as an intermediary to implement a reentry project1 an assurance that none of the subawardees identified under subparagraph 7,a7 are current or were previous subawardees of the intermediary for such reentry project and failed to meet the levels of performance established for such reentry project4 7#d7 ,additional content for youth ,,reo applications ,an application submitted under paragraph 7#a7 by a youth project eligible entity seeking to serve youth applicants through an award described in subsection 7b77#a77;,b7 shall also contain the following3 7,a7 ,a description of-- 7i7 how the youth reentry project will facilitate the enrollment of eligible youth in a program of a local educational agency1 a program of adult education and literacy activities1 a ,youth,build program1 the ,job ,corps1 or a program of an institution of higher education2 7ii7 how the youth reentry project will connect eligible youth with mentors or peer support groups to provide guidance1 encouragement1 and positive role modeling during the reentry process2 7iii7 how the youth reentry project will involve family members1 guardians1 and other supportive people in an eligible youth's life in the reentry process2 7iv7 how the youth reentry project will provide or support access to counseling and substance use disorder programs for an eligible youth2 7v7 how the youth reentry project will assist eligible youth to find safe and stable housing2 7vi7 how the youth reentry project will ensure activities carried out under an award described in subsection 7b77#a77;,b7 are designed to meet the needs of the population served2 and 7vii7 the experience of the eligible entity in providing services to youth1 including eligible youth1 and the strategies the eligible entity will use to ensure that services provided are age-appropriate for eligible youth4 7,b7 ,a description of how a youth project eligible entity plans to provide skills development1 for stakeholders involved in an eligible youth's reentry1 on best practices pertaining to eligible youth and reentry4 7d7 ,uses of funds 7#a7 ,required activities ,an eligible entity that receives funds under this section shall use such funds to implement a reentry project for eligible adults1 eligible youth1 or both1 that provides each of the following3 7,a7 ,one or more of the individualized career services listed in subclauses 7,i7 through 7,,ix7 of section #acd7;c77#b77;,b77vii74 7,b7 ,one or more of the training services listed in clauses 7i7 through 7xi7 in section #acd7;c77#c77;,d71 including subsidized employment opportunities through transitional jobs4 7,c7 ,for participants who are eligible youth1 #a or more of the program elements listed in subparagraphs 7,a7 through 7,o7 of section #abi7;c77#b74 7#b7 ,allowable activities ,an eligible entity that receives funds under this section may use such funds to provide to eligible adults1 eligible youth1 or both1 each of the following3 7,a7 ,followup services after placement in unsubsidized employment as described in section #acd7;c77#b77;,b77viii74 7,b7 ,apprenticeship programs4 7,c7 ,education in digital literacy skills4 7,d7 ,mentoring4 7,e7 ,assistance in obtaining employment1 including as a result of the eligible entity-- 7i7 establishing and developing relationships and networks with large and small employers2 and 7ii7 coordinating with employers to develop employer-directed skills development programs and on-the-job training4 7,f7 ,assistance with driver's license reinstatement 7including assistance with removing or expunging records as permitted under the applicable ,federal or ,state law to facilitate that reinstatement7 and fees for driver's licenses and other necessary documents for employment and removing barriers to employment4 7,g7 ,provision of or referral to evidence-based mental health treatment by licensed practitioners4 7,h7 ,provision of or referral to substance use disorder treatment services1 provided 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 services4 7,i7 ,provision of or referral to supportive services1 provided that1 notwithstanding section #aha7;h77#b71 no more than #aj percent of funds awarded to an eligible entity under this section may be used to provide such services to participants who may be able to obtain such services through other programs providing such services4 7#c7 ,administrative cost limit ,an eligible entity may not use more than #g percent of the funds received under this section for administrative costs1 including for costs related to collecting information1 analysis1 and coordination for purposes of subsection 7e7 or 7f74 7#d7 ,matching ,an eligible entity shall provide a match1 which may be provided in cash or in-kind1 for the costs of the project in an amount that is not less than #be percent of the total amount of funds awarded to the entity under this section for the period involved1 except that the ,secretary may waive the matching requirement1 on a case-by-case basis and for not more than #bj percent of all awards made under this section1 if the eligible entity involved demonstrates significant financial hardship4 7e7 ,levels of performance 7#a7 ,establishment of levels 7,a7 ,in general ,the ,secretary shall establish expected levels of performance for reentry projects funded under this section for-- 7i7 each of the primary indicators of performance-- 7,i7 for adults1 as described in section #aaf7;b77#b77;,a77i71 for eligible adults in reentry projects for eligible adults or reentry projects for both eligible adults and eligible youth2 and 7,,ii7 for youth1 as described in section #aaf7;b77#b77;,a77ii71 for eligible youth in reentry projects for eligible youth or reentry projects for both eligible adults and eligible youth2 and 7ii7 an indicator of performance established by the ,secretary with respect to participant recidivism4 7,b7 ,updates ,the levels established under subparagraph 7,a7 shall be updated for each #d-year-award period4 7#b7 ,agreement on levels of performance ,in establishing and updating levels of performance under paragraph 7#a71 the ,secretary shall reach agreement on such levels with the eligible entities receiving awards under this section that will be subject to such levels1 based on1 as the ,secretary determines relevant for each indicator of performance applicable under paragraph 7#a71 each of the following factors3 7,a7 ,the proposed levels of performance of each such eligible entity described in the application submitted under subsection 7c77#b77;,h74 7,b7 ,the local economic conditions of the geographic area to be served by each such eligible entity1 including differences in unemployment rates and job losses or gains in particular industries4 7,c7 ,the characteristics of project participants when entering the project involved1 including-- 7i7 criminal records2 7ii7 indicators of work history2 7iii7 work experience2 7iv7 educational or occupational skills attainment2 7v7 levels of literacy or ,english proficiency2 7vi7 disability status2 7vii7 homelessness2 and 7viii7 receipt of public assistance4 7#c7 ,failure to meet levels of performance ,in the case of an eligible entity that fails to meet the levels of performance established under paragraph 7#a7 and updated to reflect the actual local economic conditions and characteristics of participants 7as described in subparagraphs 7,b7 and 7,c7 of paragraph 7#b77 served by the reentry project involved for any award year1 the ,secretary shall provide technical assistance to the eligible entity1 including the development of a performance improvement plan4 7f7 ,evaluation of reentry projects 7#a7 ,in general ,not later than #e years after the first award of funds under this section is made1 the ,secretary 7acting through the ,chief ,evaluation ,officer7 shall meet each of the following requirements3 7,a7 ,design and conduct of evaluation ,design and conduct an evaluation to evaluate the effectiveness of the reentry projects funded under this section1 which meets the requirements of paragraph 7#b71 and includes an evaluation of each of the following3 7i7 ,the effectiveness of such projects in assisting individuals with finding unsubsidized employment1 and maintaining unsubsidized employment during the second quarter and fourth quarter after exit from the project4 7ii7 ,the effectiveness of such projects in assisting individuals with earning recognized postsecondary credentials4 7iii7 ,the effectiveness of such projects in relation to their cost1 including the extent to which the projects improve reentry outcomes1 including in employment1 compensation 7which may include wages earned and benefits71 career advancement1 measurable skills gains1 and recognized postsecondary credentials earned1 and including the extent to which the projects reduce recidivism of participants in comparison to comparably situated individuals who did not participate in such projects4 7iv7 ,the effectiveness of specific services and interventions provided and of the overall project design4 7v7 ,if applicable1 the extent to which such projects effectively serve various demographic groups1 including people of different geographic locations1 ages1 races1 national origins1 and criminal records1 and individuals with disabilities4 7vi7 ,if applicable1 the appropriateness of the sequencing1 combination1 or concurrent structure1 of services for each subpopulation of individuals who are participants in such projects1 such as the order1 combination1 or concurrent structure of services in which transitional jobs and occupational skills development are provided1 to ensure that such participants are prepared to fully benefit from education1 employment1 and training services provided under the project4 7vii7 ,limitations or barriers to education and employment encountered by participants served by the projects as a result of occupational or educational licensing restrictions4 7,b7 ,data accessibility ,make available1 on the publicly accessible website managed by the ,department of ,labor1 data collected during the course of evaluation under this subsection1 in an aggregated format that does not disclose personally identifiable information4 7#b7 ,design requirements ,an evaluation under this subsection-- 7,a7 shall-- 7i7 be designed by the ,secretary 7acting through the ,chief ,evaluation ,officer7 in conjunction with the eligible entities carrying out the reentry projects being evaluated2 7ii7 include analysis of participant feedback and outcome and process measures2 and 7iii7 use designs that employ the most rigorous analytical and statistical methods that are reasonably feasible1 such as the use of control groups2 and 7,b7 may not-- 7i7 collect personally identifiable information1 except to the extent such information is necessary to conduct the evaluation2 or 7ii7 reveal or share personally identifiable information4 7#c7 ,publication and reporting of evaluation findings ,the ,secretary 7acting through the ,chief ,evaluation ,officer7 shall-- 7,a7 in accordance with the timeline determined to be appropriate by the ,chief ,evaluation ,officer1 publish an interim report on such evaluation2 7,b7 not later than #ij days after the date on which any evaluation is completed under this subsection1 publish and make publicly available the results of such evaluation2 and 7,c7 not later than #fj days after the completion date described in subparagraph 7,b71 submit to the ,committee on ,education and ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report on such evaluation4 7g7 ,annual report 7#a7 ,contents ,subject to paragraph 7#b71 the ,secretary shall post1 using transparent1 linked1 open1 and interoperable data formats1 on the publicly accessible website described in subsection 7f77#a77;,b71 an annual report1 covering the most recent program preceding the report1 on-- 7,a7 the number of individuals who participated in projects assisted under this section during the program year2 7,b7 the percentage of such individuals who successfully completed the requirements of such projects2 7,c7 the performance of eligible entities on such projects as measured by the indicators of performance set forth in subsection 7e72 and 7,d7 an explanation of any waivers granted by the ,secretary of the matching requirement under subsection 7d77#d74 7#b7 ,disaggregation ,the information provided under subparagraphs 7,a7 through 7,c7 of paragraph 7#a7 with respect to a program year shall be disaggregated by each project assisted under this section for such program year4 7h7 ,reservation of funds ,of the funds appropriated under section #age7;e7 for a fiscal year1 the ,secretary-- 7#a7 may reserve not more than #e percent for the administration of awards made under this section1 of which not more than #b percent of the appropriated funds may be reserved for the provision of-- 7,a7 technical assistance to eligible entities that receive funds under this section2 and 7,b7 outreach and technical assistance to eligible entities desiring to receive such funds1 including assistance with application development and submission2 and 7#b7 shall reserve not less than #a percent and not more than #b4e percent for the evaluation activities under subsection 7f7 or to support eligible entities with any required data collection1 analysis1 and coordination related to such evaluation activities4 7i7 ,definitions ,in this section3 7#a7 ,award ,the term award means an award of funds through a grant1 contract1 or cooperative agreement4 7#b7 ,chief ,evaluation officer ,the term ,chief ,evaluation ,officer means the head of the independent evaluation office located in the ,office of the ,assistant ,secretary for ,policy of the ,department of ,labor4 7#c7 ,correctional institution ,the term correctional institution has the meaning given the term in section #bbe7;e74 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a private nonprofit organization under section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf that is exempt from taxation under section #eja7;a7 of such ,code1 including a community-based or faith-based organization2 7,b7 a local board2 7,c7 a ,state or local government2 7,d7 an ,indian or ,native ,american entity eligible for grants under section #aff2 7,e7 a labor organization or joint labor-management organization2 7,f7 an industry or sector partnership2 7,g7 an institution of higher education2 or 7,h7 a consortium of the entities described in subparagraphs 7,a7 through 7,g74 7#e7 ,eligible adult ,the term eligible adult means an offender who is age #be or older4 7#f7 ,eligible youth ,the term eligible youth means an offender who is not younger than age #ad or older than age #bd4 7#g7 ,high-poverty ,the term high-poverty1 when used with respect to a geographic area1 means an area with a poverty rate of at least #bj percent as determined based on the most recently available data from the ,american ,community ,survey conducted by the ,bureau of the ,census4 7#h7 ,offender ,notwithstanding section #c1 the term offender means-- 7,a7 an individual of any age who-- 7i7 not more than #e years before enrollment in a project funded under subsection 7b77#a7-- 7,i7 was released from incarceration in a correctional institution 7including being enrolled in a work release center at the institution72 or 7,,ii7 finished serving an alternative sentence1 or a sentence to a diversion program1 ordered through the adult criminal justice system2 or 7ii7 on such date of enrollment1 is subject to the adult criminal justice system1 including an individual who-- 7,i7 is incarcerated in a correctional institution 7including being enrolled in a work release center at the institution71 but is scheduled to be released not more than #ahj days after such date of enrollment2 7,,ii7 is residing in a residential reentry center2 7,,iii7 is subject to electronic or home-based monitoring2 7,,iv7 is in the community on probation or parole2 or 7,v7 is serving an alternative sentence1 or a sentence to a diversion program1 ordered through that system2 or 7,b7 an individual who-- 7i7 is not younger than age #ad or older than age #bd2 and 7ii7 has been-- 7,i7 charged with1 or convicted of1 any criminal offense2 or 7,,ii7 charged with1 detained for1 or adjudicated of1 a delinquent act or status offense in a juvenile court4 7#i7 ,youth project eligible entity ,the term youth project eligible entity means-- 7,a7 an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf that is exempt from taxation under section #eja7;a7 of such ,code2 or 7,b7 a ,state or local juvenile justice agency1 or a ,state or local adult correctional agency with a focus on eligible youth4 4 #agh4 ,youth apprenticeship readiness grant program ,subtitle ,d of title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbba et seq47 is further amended by inserting after section #agb1 as added by the preceding section1 the following3 #agc4 ,youth apprenticeship readiness grant program 7a7 ,purposes ,the purposes of this section are-- 7#a7 to increase earnings and employment for in-school youth and out-of-school youth1 ages #af through #bd1 through enrollment in and completion of evidence-based pre-apprenticeship programs and apprenticeship programs that serve youth2 7#b7 to engage educational entities1 organizations carrying out programs that serve out-of-school youth1 local educational agencies1 ,state boards1 local boards1 employers1 workforce partners 7including one-stop partners71 and other apprenticeship intermediaries1 to establish innovative models for pre-apprenticeship programs and apprenticeship programs that serve youth1 including coordinating with programs that offer supportive services that can enable participation in and completion of the program2 and 7#c7 to promote alignment between education and workforce development systems 7such as through public-private partnerships7 to enable in-school youth and out-of-school youth to participate in postsecondary education and career pathways1 including apprenticeships1 that result in careers4 7b7 ,youth apprenticeship readiness grant program 7#a7 ,in general ,from the amounts made available to carry out this section under section #dad7;c7 of the ,american ,competitiveness and ,workforce ,improvement ,act 7#bi ,u4,s4,c4 #cbbd;a7 and not reserved under paragraph 7#b71 the ,secretary shall1 on a competitive basis1 make grants to eligible entities for projects to develop new or expand existing pre-apprenticeship programs and apprenticeships that serve youth4 7#b7 ,administrative reservation ,of the amounts made available to carry out this section1 the ,secretary may reserve not more than #e percent for the administration of grants made under this section1 including-- 7,a7 not more than #c percent for the provision of technical assistance to eligible entities during the application period or the implementation phase of such grant2 and 7,b7 not more than #b percent for evaluations of employment and earnings outcomes described in clauses 7vi71 7vii71 and 7viii7 of subsection 7e77#b77;,b71 identifying best practices1 and facilitating the sharing of best practices among eligible entities by carrying out the identification and dissemination described in subsection 7f77#b74 7#c7 ,grant period ,the ,secretary shall make such a grant for a period of not more than #d years and may extend the grant for a period of not more than #b additional years if the grant recipient is making progress in achieving the objectives of the project's identified programs4 7#d7 ,priority ,in making grants under this section1 the ,secretary shall give priority to eligible entities that-- 7,a7 serve an area with significant workforce shortages in the industry sector or occupation for which the eligible entity proposes to establish an identified program2 7,b7 propose to expand or have a demonstrated track record of expanding employment opportunities and career pathways for individuals with a barrier to employment2 7,c7 propose to primarily serve a population that is located in a rural or urban community and has an area median household income of not more than #aej percent of the poverty line2 or 7,d7 include within the eligible entity a high-need local educational agency or a high-need educational service agency4 7#e7 ,matching requirement for grants ,in order to receive a grant from the ,secretary under this section1 an eligible entity shall provide a non-,federal contribution1 which may be provided in cash or in-kind1 for the costs of the project in an amount that is not less than #be percent of the total amount of funds awarded to the entity for such period4 7c7 ,application ,an eligible entity that desires to receive a grant under this section shall submit an application to the ,secretary at such time and in such manner as the ,secretary may require and shall include the following3 7#a7 7,a7 ,a description of the eligible entity's proposed project1 to be supported by such grant1 including a provision identifying whether such project will develop or expand #a or more pre-apprenticeship programs or #a or more apprenticeship programs that serve youth4 7,b7 ,except in the case of an identified program by an eligible entity described in subsection 7i77#e77;,a77i7 that is an apprenticeship program that serves youth and requires each enrolled youth apprentice to have a regular high school diploma 7or recognized equivalent7 as a condition of enrollment1 an assurance that each identified program will be designed to enable-- 7i7 in-school youth to receive a regular high school diploma 7in partnership with the local educational agency that serves such youth7 and receive a recognized postsecondary credential 7other than such a credential that is a baccalaureate degree7 upon completion of the program2 or 7ii7 out-of-school youth to receive a high school diploma or recognized equivalent and receive a recognized postsecondary credential 7other than such a credential that is a baccalaureate degree7 upon completion of the program4 7#b7 ,a description of the eligible entity and a description of how such eligible entity will-- 7,a7 engage with employers to develop or expand1 and sustain1 each identified program2 and 7,b7 combine academic1 career and technical education1 or related classroom instruction with on-the-job training1 allowing youth to develop industry-specific or occupation-specific workplace competencies and skills4 7#c7 ,a description of the need for and design of the project1 including-- 7,a7 a description of the specific youth population to be served by the project1 including-- 7i7 the subgroups of participants in the population and skill levels of such participants1 and whether such participants are in-school youth or out-of-school youth2 7ii7 how the project will increase employment opportunities for youth who are individuals with a barrier to employment and youth from different subgroups of participants2 and 7iii7 how the eligible entity will ensure that a wide range of youth1 including youth who are individuals with a barrier to employment and youth from different subgroups of participants1 are able to participate in each identified program2 7,b7 a description of the industry sector or occupation targeted through the eligible entity's proposed project1 the projected demand for the project in the area served by the eligible entity1 and a citation of the data source for the projected demand2 7,c7 a description of the on-the-job training portion of the project1 including a list of the partners responsible for providing the on-the-job training1 and how such training will be designed flexibly to meet the needs and schedule of in-school youth and out-of-school youth2 7,d7 a description of the related classroom instruction portion of the project1 including-- 7i7 how coursework for that instruction will be integrated into each identified program and developed in conjunction with and provided by education and training providers that are or are within the eligible entity1 the specific partners that will provide the related classroom instruction1 and 7as applicable7 how the program may be aligned with the programs of early college high schools or dual or concurrent enrollment programs to support youth pre-apprentices or apprentices involved in earning postsecondary credit2 7ii7 with respect to an identified project by an eligible entity described in subsection 7i77#e77;,a77ii7 that is designed to serve in-school youth1 a description of how the eligible entity1 through the project1 will partner with the local educational agency that serves such youth to align challenging ,state academic standards and occupational skill standards to enable such youth to obtain a regular high school diploma while served by the program2 and 7iii7 an explanation of how the project will combine academic1 career and technical education1 or related classroom instruction with on-the-job training2 7,e7 a description of the proposed supportive services strategy for the youth pre-apprentices or apprentices involved1 how the project will partner with or refer youth pre-apprentices or apprentices to entities in the area served by the eligible entity that provide supportive services1 how such supportive services will promote retention in and completion of the identified program involved1 and the projected ,federal1 ,state1 and local costs of such supportive services2 7,f7 if the eligible entity proposes to operate an apprenticeship program that serves youth-- 7i7 the youth apprenticeship agreement the eligible entity intends to use2 7ii7 a description of how such eligible entity will incorporate into the apprenticeship program recognized postsecondary credentials that enable youth apprentices to articulate to employment or higher level degree or other credential programs for multiple pathways1 including enrollment in postsecondary education and employment2 and 7iii7 if the eligible entity proposes to develop a new apprenticeship program that serves youth1 a description of how the lead applicant and partners will register such new program with the ,office of ,apprenticeship or ,state apprenticeship agency and ensure the employer or sponsor is in compliance with the standards and requirements of a registered apprenticeship under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 and that youth apprentices will earn a recognized postsecondary credential2 and 7,g7 if the eligible entity proposes to operate a pre-apprenticeship program-- 7i7 a description of how the eligible entity1 through the program1 will connect participants to and prepare participants for an apprenticeship program2 and 7ii7 an explanation of how the eligible entity1 in carrying out the project involved1 will work with alternative and non-traditional schools1 institutions of higher education1 and out-of-school youth programs4 7#d7 ,a description of how the eligible entity will promote alignment between local or ,state education and workforce development systems by supporting policies or practices that facilitate transitions from secondary school 7including alternative and nontraditional schools7 and pre-apprenticeship programs to apprenticeship programs and postsecondary education4 7#e7 ,a description of expected outcomes and outputs from the project that includes-- 7,a7 an attestation that the eligible entity will report to the ,secretary1 in a timely and complete manner1 the information required under subsection 7e72 and 7,b7 estimated levels of performance over each year of the grant period for each of the indicators described in subparagraphs 7,b7 and 7,c7 of subsection 7e77#b74 7#f7 ,a description of the roles and responsibilities of each entity involved in the project1 including any such entity that is a ,state or local government entity1 qualified intermediary1 service provider1 independent evaluator1 or other stakeholder4 7#g7 ,an attestation that the eligible entity has1 or will attempt to develop1 a memorandum of understanding with any relevant ,state workforce agency to facilitate matches to wage record data for youth pre-apprentices or apprentices to obtain the necessary information to fulfill the requirements of subsection 7e77#b74 7#h7 ,the total intended budget for the project1 including a description of any additional resources that may supplement the amount awarded under this section1 including any funds the eligible entity intends to use to fulfill the matching funds requirement described under subsection 7b77#e71 and a description of the eligible entity's plan to sustain the project funded through the grant beyond the conclusion of the grant period4 7#i7 ,for any program offering a recognized postsecondary credential1 a description of how the program leads to the credential4 7d7 ,uses of funds 7#a7 ,in general ,an eligible entity receiving a grant under this section shall use the grant funds to carry out the project proposed under subsection 7c7 for purposes of carrying out #a or more of the following activities3 7,a7 ,develop or expand a pre-apprenticeship program4 7,b7 ,develop or expand an apprenticeship program that serves youth1 including registering such a program and its youth apprentices through the ,office of ,apprenticeship or an applicable ,state apprenticeship agency4 7#b7 ,additional uses ,an eligible entity receiving a grant under this section may use the grant funds1 for each identified program1 to-- 7,a7 recruit youth to and enroll youth in an identified program1 including conducting outreach to individuals with a barrier to employment and individuals preparing for nontraditional employment 7when the identified program is in such field72 7,b7 conduct participant assessments to determine skill levels2 7,c7 support the provision of on-the-job training for participants in accordance with subsection 7c77#c77;,c71 including by developing or modifying training activities to meet the needs of participants1 as applicable2 7,d7 support the provision of related classroom instruction by education and training providers for participants in accordance with subsection 7c77#c77;,d71 including-- 7i7 the development of courses at the secondary level-- 7,i7 that are aligned with requirements to obtain a regular high school diploma and integrated into the identified program2 and 7,,ii7 that may be aligned with the requirements of early college high schools or dual or concurrent enrollment programs to support youth pre-apprentices or youth apprentices involved in earning postsecondary credit2 7ii7 if the identified program is designed to serve in-school youth1 the alignment of challenging ,state academic standards and occupational skill standards in secondary education2 7iii7 payment of participant tuition or other educational fees for projects2 and 7iv7 the provision of instructional materials1 equipment1 and educational technology for such instruction2 7,e7 provide supportive services such as transportation1 child care1 dependent care1 housing1 and needs-related payments to enable youth to participate in and complete the education and training activities of the identified program2 7,f7 provide professional development opportunities for secondary and postsecondary educators1 and employers and mentors in the project1 to prepare the educators1 employers1 and mentors to effectively support youth participating in the identified program2 7,g7 increase awareness among parents1 educators1 students 7especially individuals with a barrier to employment1 individuals from underserved populations1 and individuals from nontraditional apprenticeship populations71 and employers or apprenticeship sponsors in the targeted service area about the benefits of youth participating in a pre-apprenticeship program or an apprenticeship program that serves youth2 7,h7 promote innovation1 inclusion in the identified program1 and alignment of the program with programs authorized under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq472 and 7,i7 develop and integrate data collection systems1 including within a statewide longitudinal data system1 to track educational and employment outcomes of participants in the identified program4 7#c7 ,supportive services ,an eligible entity receiving a grant under this section may use1 as provided in paragraph 7#b77;,e71 not more than #ae percent of grant funds awarded under this section to provide supportive services in accordance with that paragraph4 7e7 ,levels of performance 7#a7 ,targeted levels of performance 7,a7 ,in general ,an eligible entity receiving a grant under this section shall1 in accordance with the indicators for participant outcomes described in paragraph 7#b77;,b7 and for program outputs described in paragraph 7#b77;,c71 identify targeted levels of performance for such indicators1 which shall1 at minimum1 be equal to or greater than the estimated levels of performance identified by the eligible entity in the entity's application under subsection 7c77#e74 7,b7 ,agreement on targeted levels of performance ,not later than #b months after the identification described in subparagraph 7,a71 the eligible entity shall reach an agreement with the ,secretary on levels of performance for each indicator described in subparagraphs 7,b7 and 7,c7 of paragraph 7#b74 7#b7 ,annual recipient report 7,a7 ,in general ,not later than #b years after receipt of a grant under this section and annually thereafter1 the eligible entity shall prepare and submit to the ,secretary a report evaluating the performance and impact of the project funded through the grant with respect to participant outcome and program output indicators described in subparagraphs 7,b7 and 7,c71 disaggregated by the subgroups of participants subject to paragraph 7#c74 7,b7 ,participant outcomes ,consistent with subparagraph 7,a71 an eligible entity receiving a grant under this section shall report to the ,secretary data1 for each identified program carried out by the eligible entity1 on participant outcome indicators for each such program consisting of the-- 7i7 total participants served and enrolled in any identified program1 disaggregated by youth pre-apprentices and apprentices2 7ii7 retention rate during each fiscal year of participants enrolled in any identified program in the project that have not completed such program1 compared to that retention rate for the previous fiscal year1 disaggregated by youth pre-apprentices and apprentices2 7iii7 total participants who attain a regular high school diploma or recognized equivalent1 disaggregated by youth pre-apprentices and apprentices2 7iv7 total participants who complete such an identified program2 7v7 total participants who receive an associate or baccalaureate degree or other type of recognized postsecondary credential during or upon completion of the identified program2 7vi7 median hourly wage of youth pre-apprentices 7as applicable7 or youth apprentices on the date of exit from the identified program and during the second and fourth quarters after exit from the program1 and a comparison of such wage to the local median hourly wage for the industry sector or occupation for which the identified program is targeted2 7vii7 total participants in employment during the second and fourth quarter after exit from the program2 and 7viii7 total participants who complete a pre-apprenticeship program1 disaggregated by the type of education1 skills development1 and apprenticeship opportunities or employment pursued by such youth pre-apprentices after such completion4 7,c7 ,program outputs ,consistent with subparagraph 7,a71 an eligible entity receiving a grant under this section shall report to the ,secretary data on program output indicators consisting of the-- 7i7 total number of all identified programs developed or expanded during the period covered by the report1 disaggregated by pre-apprenticeship programs and apprenticeship programs that serve youth2 7ii7 total number of apprenticeships that serve youth1 if applicable1 that were developed or expanded during that period1 including an apprenticeship program expanded as described in subsection 7d77#a7 to new industry sectors1 occupations1 or service areas2 7iii7 total number of employers who became engaged in an identified program during that period1 as a direct result of a grant under this section2 and 7iv7 for each year of the period covered by the report1 the total share of the grant received under this section spent by the eligible entity on the uses of funds described under subparagraphs 7,c7 and 7,d7 of subsection 7d77#b74 7#c7 ,disaggregation ,the disaggregation of data under paragraph 7#b7 shall not be required in a case where the number of participants in the subgroup of participants is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual participant4 7#d7 ,use of results 7,a7 ,evaluation 7i7 ,annual evaluation ,not later than #b years after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf and annually thereafter1 the ,secretary shall evaluate whether each eligible entity involved met the agreed levels of performance described in paragraph 7#a77;,b7 for each of the eligible entity's identified programs4 7ii7 ,end of program evaluation ,not later than #cj days after each cohort of participants completes an eligible entity's identified program1 the ,secretary shall evaluate whether the eligible entity met the agreed levels of performance for that identified program4 7,b7 ,technical assistance ,if the ,secretary determines under subparagraph 7,a7 that an eligible entity fails to meet #a or more of the agreed levels of performance for an identified program1 the ,secretary shall provide technical assistance1 including assistance in the development of a performance improvement plan4 7,c7 ,nonrenewal of grant ,if the ,secretary determines1 #a year after the eligible entity receives that technical assistance and implements that plan1 that the eligible entity fails to meet the agreed levels of performance described in paragraph 7#a77;,b7 for an identified program1 the ,secretary shall not extend a grant for that eligible entity for that program under subsection 7b74 7f7 ,evaluations and reports 7#a7 ,report to ,congress ,not later than #bd months after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf and annually thereafter1 the ,secretary1 in coordination with the ,secretary of ,education1 using data reported by eligible entities pursuant to the requirements under subsection 7e7-- 7,a7 shall publish the data2 7,b7 shall prepare and make publicly available a report containing the data on the indicators described in subparagraphs 7,b7 and 7,c7 of subsection 7e77#b72 and 7,c7 shall submit the report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and ,workforce of the ,house of ,representatives4 7#b7 ,sharing of best practices ,not later than #b years after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 the ,secretary shall use funds reserved under subsection 7b77#b77;,c7 to identify and disseminate1 through a website developed by the ,department of ,labor1 best practices in developing and expanding pre-apprenticeship opportunities or apprenticeship opportunities for youth used by-- 7,a7 eligible entities receiving a grant under this section2 and 7,b7 ,states and local areas adopting innovative and effective practices to develop and expand such opportunities4 7g7 ,compliance with other laws and agreements 7#a7 ,collective bargaining ,nothing in a youth apprenticeship agreement under this section shall be construed to invalidate an applicable provision in a collective bargaining agreement1 between employers and employees1 that establishes higher standards for programs in the national apprenticeship system4 7#b7 ,child labor 7,a7 ,in general ,an eligible entity carrying out a project under this section shall ensure compliance with the provisions on child labor under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 and ,state law 7including ,federal and ,state regulations under those laws71 and with ,state workers' compensation laws4 7,b7 ,minimum legal age ,the eligible entity shall only serve in-school youth1 and out-of-school youth1 who are not younger than the minimum legal age to be employed as apprentices under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 and any applicable ,state laws4 7,c7 ,pre-apprenticeship exception ,an eligible entity that prepares or intends to prepare individuals for a covered occupation may submit an application under subsection 7c7 to develop or expand a pre-apprenticeship program that serves a youth who is younger than the age of #ah only if the program is limited to classroom instruction in the covered occupation4 7h7 ,special rules regarding protections for youth in programs that prepare youth for covered occupations 7#a7 ,pre-apprenticeships in covered occupations for youth under the age of #ah ,a pre-apprenticeship program supported using funds awarded under this section that serves or intends to serve a youth who is younger than the age of #ah and prepares such youth for a covered occupation may only provide classroom instruction to such youth in such program and may not provide on-the-job training in a covered occupation to such youth in such program4 7#b7 ,prohibition on youth apprenticeships in covered occupations for youth under the age of #ah ,an apprenticeship program that serves youth that is supported using funds awarded under this section and that prepares a youth apprentice for a covered occupation may not enroll in such program a youth who is younger than the age of #ah4 7#c7 ,apprenticeships for youth under the age of #ah ,an apprenticeship program supported using funds awarded under this section may serve youth who are not younger than age #af or older than age #ag1 provided that such program is not preparing such youth for a covered occupation4 7i7 ,definitions ,in this section3 7#a7 ,apprenticeship program that serves youth ,the term apprenticeship program that serves youth means a registered apprenticeship program registered by the ,office of ,apprenticeship or a ,state apprenticeship agency under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 that is designed for youth not younger than age #af or older than age #bd4 7#b7 ,covered occupation ,the term covered occupation means an occupation in-- 7,a7 manufacturing2 7,b7 construction2 7,c7 mining2 7,d7 trenching or excavation2 7,e7 logging or an occupation related to timber2 7,f7 work involving a saw mill2 7,g7 work involving the operation of heavy machinery2 7,h7 work involving exposure to radioactive substances or to ionizing radiations2 7,i7 meat processing2 7,j7 demolition2 7,k7 explosives2 or 7,l7 work in any industry sector or occupation that is prohibited to a youth who is younger than the age of #ah under the laws or policies of the ,state where the work occurs4 7#c7 ,,cte terms ,the terms ,tribally controlled college or university and ,tribally controlled postsecondary career and technical institution have the meanings given the terms tribally controlled college or university and tribally controlled postsecondary career and technical institution1 respectively1 in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7#d7 ,education and training provider ,the term education and training provider means-- 7,a7 an area career and technical education school2 7,b7 an early college high school2 7,c7 a provider of a dual or concurrent enrollment program2 7,d7 a community-based organization that offers job training2 7,e7 a high school operated by a local educational agency2 7,f7 a local educational agency1 educational service agency1 or ,state educational agency2 7,g7 a ,tribal education agency 7meaning such an agency within the meaning of section #c7bj77;,e7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb7bj77;,e7771 ,tribally controlled college or university1 or ,tribally controlled postsecondary career and technical institution2 7,h7 the ,bureau of ,indian ,education2 7,i7 an institution of higher education2 7,j7 a ,state entity that coordinates higher education1 such as a community college system office1 a single ,state educational board1 or ,state higher education agency 7as defined in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc772 7,k7 a historically ,black college or university1 meaning a part ,b institution as defined in section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa72 7,l7 a minority-serving institution2 7,m7 a local agency administering plans under title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq471 other than section #aab or part ,c of that title 7#bi ,u4,s4,c4 #gcb1 #gda72 7,n7 a related integrated instruction provider1 including a qualified intermediary acting as a related integrated instruction provider as approved by the ,office of ,apprenticeship or a ,state apprenticeship agency recognized by the ,secretary2 7,o7 a consortium of entities described in any of subparagraphs 7,a7 through 7,n72 or 7,p7 as used with respect to an eligible entity described in paragraph 7#e77;,a77i71 the joint labor-management organization that is such eligible entity4 7#e7 ,eligible entity 7,a7 ,in general ,the term eligible entity means-- 7i7 a joint labor-management organization2 or 7ii7 a partnership that-- 7,i7 shall include as the lead applicant #a entity that is-- 7aa7 an education and training provider2 7bb7 a workforce development system entity2 7cc7 a qualified intermediary2 7dd7 a ,state agency of the ,state in which the partnership is located2 or 7ee7 a joint labor-management organization2 7,,ii7 shall include as a partner-- 7aa7 at least #a employer or an industry or trade association that represents at least #b employers2 7bb7 an education and training provider2 7cc7 the ,state apprenticeship agency2 7dd7 a local board or the ,state board2 7ee7 a local educational agency1 if the partnership is serving in-school youth2 or 7ff7 a qualified intermediary2 and 7,,iii7 may include as an additional partner-- 7aa7 the ,state educational agency2 7bb7 an institution of higher education2 7cc7 an ,indian ,tribe2 7dd7 the ,state entity that coordinates higher education1 such as a community college system office1 a single ,state educational board1 or ,state higher education agency 7as defined in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc772 7ee7 a community-based organization that offers job training2 or 7ff7 a joint labor-management organization4 7,b7 ,rule of construction ,for purposes of this section1 a reference to a lead applicant1 partner1 or partnership between a lead applicant and partners1 with respect to an eligible entity described in subparagraph 7,a77i71 shall be deemed to be a reference to the eligible entity4 7#f7 ,,esea terms ,the terms dual or concurrent enrollment program1 early college high school1 educational service agency1 and high school have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#g7 ,grant ,the term grant means a contract1 cooperative agreement1 or award4 7#h7 ,high-need educational service agency ,the term high-need educational service agency means an educational service agency that serves a significant number or percentage of high-need local educational agencies4 7#i7 ,high-need local educational agency ,the term high-need local educational agency has the meaning given the term in section #bjj of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajba74 7#aj7 ,identified program ,the term identified program means a pre-apprenticeship program1 or youth program that serves youth1 that is proposed to be carried out by an eligible entity in an application approved under subsection 7c7 for a project4 7#aa7 ,minority-serving institution ,the term minority-serving institution means an institution defined in any of paragraphs 7#a7 through 7#g7 of section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#ab7 ,national apprenticeship system ,the term national apprenticeship system means the apprenticeship programs1 apprenticeship programs that serve youth1 and pre-apprenticeship programs that are approved by the ,office of ,apprenticeship or ,state apprenticeship agencies4 7#ac7 ,pre-apprenticeship program ,the term pre-apprenticeship program means a program that-- 7,a7 prepares youth to enroll in and complete an apprenticeship program2 7,b7 maintains a written partnership with an apprenticeship program2 and 7,c7 in the case of a program with respect to a covered occupation1 is provided only through classroom instruction for any youth pre-apprentice who is younger than the age of #ah4 7#ad7 ,qualified intermediary ,the term qualified intermediary-- 7,a7 means a nonprofit entity operating in a ,state or local area that demonstrates expertise and experience in serving participants1 employers1 and schools by-- 7i7 building1 sustaining1 measuring1 and improving the quality and performance of apprenticeship programs that serve youth2 7ii7 assisting in the design1 approval1 registration1 and implementation of apprenticeship programs that serve youth1 including program development and meeting program requirements1 including registration and reporting requirements2 7iii7 in collaboration with #a or more ,state educational agencies1 local educational agencies1 or institutions of higher education included in the eligible entity involved1 providing collaborative professional development activities such as training for workplace supervisors1 mentors1 counselors1 and teachers1 instructors1 and other educators2 7iv7 supporting the recruitment for1 retention in1 and completion of apprenticeship programs that serve youth with respect to potential or enrolled youth apprentices1 including youth apprentices who are from low-income backgrounds or members of nontraditional apprenticeship populations2 7v7 developing and providing supportive services including by partnering with organizations to provide access to or referrals for supportive services1 financial literacy services1 and other support based upon needs of potential or enrolled youth apprentices2 or 7vi7 serving as a program sponsor2 and 7,b7 may consist of-- 7i7 a joint labor-management organization2 7ii7 a community-based organization2 or 7iii7 an industry association4 7#ae7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and an outlying area4 7#af7 ,state agency ,the term ,state agency means a ,state educational agency1 ,state workforce agency1 or ,state apprenticeship agency4 7#ag7 ,state apprenticeship agency ,the term ,state apprenticeship agency means an agency of a ,state government that has been authorized by the ,office of ,apprenticeship to register and oversee apprenticeship programs and has the responsibility and accountability for apprenticeship programs within the ,state4 7#ah7 ,subgroup of participants ,the term subgroup of participants means-- 7,a7 in-school youth2 7,b7 out-of-school youth2 and 7,c7 each of the special populations1 as defined in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7#ai7 ,workforce development system entity ,the term workforce development system entity means an entity that is involved in administering a workforce development system established under this ,act1 which shall be a ,state board1 a local board1 or an ,indian ,tribe1 ,tribal organization1 or ,native ,hawaiian organization1 as defined in section #aff7;b74 7#bj7 ,youth ,the term youth means an individual who is not younger than age #af or older than age #bd4 7#ba7 ,youth apprentice ,the term youth1 used with respect to an apprentice1 means a youth who is participating in an apprenticeship program that serves youth4 7#bb7 ,youth apprenticeship agreement ,the term youth apprenticeship agreement means a written agreement under subsection 7c77#c77;,f7 that is agreed to by each of the following3 7,a7 ,a youth4 7,b7 ,the youth's parent or legal guardian1 as applicable4 7,c7 ,one or more local educational agencies1 if the eligible entity involved is serving in-school youth4 7,d7 ,the youth apprenticeship sponsor1 which may be an employer4 7,e7 ,as applicable1 a qualified intermediary for an apprenticeship program that serves youth4 7,f7 ,as applicable1 one or more institutions of higher education4 7,g7 ,as applicable1 one or more employers4 7#bc7 ,youth pre-apprentice ,the term youth1 used with respect to a pre-apprentice1 means a youth who is participating in a pre-apprenticeship program4 4 #agi4 ,strengthening community colleges grant program ,subtitle ,d of title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbba et seq47 is further amended by inserting after section #agc1 as added by the preceding section1 the following3 #agd4 ,strengthening community colleges workforce development grants program 7a7 ,purposes ,the purposes of this section are-- 7#a7 to establish1 improve1 or expand high-quality workforce development programs at community colleges2 and 7#b7 to expand opportunities for individuals to obtain recognized postsecondary credentials that are nationally or regionally portable and stackable for high-skill1 high-wage1 or in-demand industry sectors or occupations4 7b7 ,strengthening community colleges workforce development grants program 7#a7 ,in general ,from the amounts appropriated to carry out this section under section #age7;f7 and not reserved under paragraph 7#b71 the ,secretary shall1 on a competitive basis1 make grants to eligible institutions to carry out the activities described in subsection 7e74 7#b7 ,reservation ,of the amounts appropriated to carry out this section under section #age7;f71 the ,secretary may reserve not more than #b percent for the administration of grants awarded under this section1 including-- 7,a7 providing technical assistance and targeted outreach to support eligible institutions serving a high number or high percentage of low-income individuals or individuals with barriers to employment1 and rural-serving eligible institutions1 to provide guidance and assistance in the process of applying for grants under this section2 and 7,b7 evaluating and reporting on the performance and impact of programs funded under this section in accordance with subsections 7f7 through 7h74 7c7 ,award period 7#a7 ,initial grant period ,each grant under this section shall be awarded for an initial period of not more than #d years4 7#b7 ,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 #d years each if the eligible institution demonstrates that1 during the most recently completed grant period for a grant received under this section1 such eligible institution achieved the levels of performance agreed to by the eligible institution with respect to the performance indicators specified in subsection 7f74 7d7 ,application 7#a7 ,in general ,to be eligible to receive a grant under this section1 an eligible institution shall submit an application to the ,secretary at such time and in such manner as the ,secretary may require4 7#b7 ,contents ,an application submitted by an eligible institution under paragraph 7#a7 shall include a description of each the following3 7,a7 ,the extent to which the eligible institution has demonstrated success building partnerships with employers in in-demand industry sectors or occupations to provide students with the skills needed for occupations in such industries and an explanation of the results of any such partnerships4 7,b7 ,the methods and strategies the eligible institution will use to engage with employers in in-demand industry sectors or occupations1 including any arrangements to place individuals who complete the workforce development programs supported by the grant into employment with such employers4 7,c7 ,the proposed eligible institution and industry partnership that the eligible institution will establish or maintain to comply with subsection 7e77#a71 including-- 7i7 the roles and responsibilities of each employer1 organization1 agency1 or institution of higher education that the eligible institution will partner with to carry out the activities under this section2 and 7ii7 the needs that will be addressed by such eligible institution and industry partnership4 7,d7 ,one or more industries that such partnership will target and real-time labor market data demonstrating that those industries are aligned with employer demand in the geographic area to be served by the eligible institution4 7,e7 ,the extent to which the eligible institution can-- 7i7 leverage additional resources to support the programs to be funded with the grant1 which shall include written commitments of any leveraged or matching funds for the proposed programs2 and 7ii7 demonstrate the future sustainability of each such program4 7,f7 ,the steps the institution will take to ensure the high quality of each program to be funded with the grant1 including the career pathways within such programs4 7,g7 ,the population and geographic area to be served by the eligible institution1 including the number of individuals the eligible institution intends to serve during the grant period4 7,h7 ,the workforce development programs to be supported by the grant4 7,i7 ,the recognized postsecondary credentials that are expected to be earned by participants in such workforce development programs and the related high-skill1 high-wage1 or in-demand industry sectors or occupations for which such programs will prepare participants4 7,j7 ,the evidence upon which the education and skills development strategies to be used in such workforce development programs are based and an explanation of how such evidence influenced the design of the programs to improve education and employment outcomes4 7,k7 ,how activities of the eligible institution are expected to align with the workforce strategies identified in-- 7i7 any ,state plan or local plan submitted under this ,act by the ,state1 outlying area1 or locality in which the eligible institution is expected to operate2 7ii7 any ,state plan submitted under section #abb of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcdb7 by such ,state or outlying area2 and 7iii7 any economic development plan of the chief executive of such ,state or outlying area4 7,l7 ,the goals of the eligible institution with respect to-- 7i7 capacity building 7as described in subsection 7f77#a77;,b772 and 7ii7 the expected performance of individuals participating in the programs to be offered by the eligible institution1 including with respect to any performance indicators applicable under section #aaf or subsection 7f7 of this section4 7#c7 ,consideration of previous experience ,the ,secretary may not disqualify an eligible institution from receiving a grant under this section solely because such institution lacks previous experience in building partnerships1 as described in paragraph 7#b77;,a74 7#d7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to eligible institutions that-- 7,a7 will use the grant to serve-- 7i7 individuals with barriers to employment2 or 7ii7 incumbent workers who need to gain or improve foundational skills to enhance their employability2 7,b7 use competency-based assessments1 such as the competency-based assessment identified by the ,state in which the eligible institution is located under section #acd7;a77#b77;,b77vii71 to award academic credit for prior learning for programs supported by the grant2 or 7,c7 have1 or will seek to have1 the career education programs supported by the grant included on the list of eligible providers of training services under section #abb for the ,state in which the eligible institution is located4 7e7 ,uses of funds 7#a7 ,eligible institution and industry partnership ,for the purpose of carrying out the activities specified in paragraphs 7#b7 and 7#c71 an eligible institution that receives a grant under this section shall establish a partnership 7or continue an existing partnership7 with one or more employers in an in-demand industry sector or occupation 7in this section referred to as an eligible institution and industry partnership7 and shall maintain such partnership for the duration of the grant period4 ,the eligible institution shall ensure that the partnership-- 7,a7 targets one or more specific high-skill1 high-wage1 or in-demand industries2 7,b7 includes collaboration with the workforce development system2 7,c7 serves adult and dislocated workers1 incumbent workers1 and new entrants to the workforce2 7,d7 uses an evidence-based program design that is appropriate for the activities carried out by the partnership2 7,e7 incorporates work-based learning opportunities2 and 7,f7 incorporates1 to the extent appropriate1 virtual service delivery to facilitate technology-enabled learning4 7#b7 ,required activities ,an eligible institution that receives a grant under this section shall1 in consultation with the employers in the eligible institution and industry partnership described in paragraph 7#a7-- 7,a7 establish1 improve1 or expand high-quality1 evidence-based workforce development programs1 career pathway programs1 or work-based learning programs 7including apprenticeship programs or preapprenticeships72 7,b7 provide career services to individuals participating in the programs funded with the grant to facilitate retention and program completion1 which may include-- 7i7 career navigation1 coaching1 mentorship1 and case management services1 including providing information and outreach to individuals with barriers to employment to encourage such individuals to participate in programs funded with the grant2 and 7ii7 providing access to course materials1 technological devices1 required equipment1 and other supports necessary for participation in and successful completion of such programs2 and 7,c7 make available1 in a format that is open1 searchable1 and easily comparable1 information on-- 7i7 curricula and recognized postsecondary credentials offered through programs funded with the grant1 including any curricula or credentials created or further developed using such grant1 which for each recognized postsecondary credential1 shall include-- 7,i7 the issuing entity of such credential2 7,,ii7 any third-party endorsements of such credential2 7,,iii7 the occupations for which the credential prepares individuals2 7,,iv7 the skills and competencies necessary to achieve to earn such credential2 7,v7 the level of mastery of such skills and competencies 7including how mastery is assessed72 and 7,,vi7 any transfer value or stackability of the credential2 7ii7 any skills or competencies developed by individuals who participate in such programs beyond the skills and competencies identified as part of the recognized postsecondary credential awarded2 and 7iii7 related employment and earnings outcomes on the primary indicators of performance described in subclauses 7,i7 through 7,,iii7 of section #aaf7;b77#b77;,a77i74 7#c7 ,additional activities ,in addition to the activities required under paragraph 7#b71 an eligible institution that receives a grant under this section shall1 in consultation with the employers in the eligible institution and industry partnership described in paragraph 7#a71 carry out one or more of the following activities3 7,a7 ,establish1 improve1 or expand-- 7i7 articulation agreements 7as defined in section #dhf;,a7a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajic;a7a7772 7ii7 credit transfer agreements2 7iii7 corequisite remediation programs that enable a student to receive remedial education services while enrolled in a postsecondary course rather than requiring the student to receive remedial education before enrolling in such a course2 7iv7 dual or concurrent enrollment programs2 7v7 competency-based education and assessment2 or 7vi7 policies and processes to award academic credit for prior learning or for the programs described in paragraph 7#b77;,a74 7,b7 ,establish or implement plans for providers of the programs described in paragraph 7#b77;,a7 to meet the criteria and carry out the procedures necessary to be included on the list of eligible providers of training services described in section #abb7;d74 7,c7 ,purchase1 lease1 or refurbish specialized equipment as necessary to carry out such programs1 provided that not more than #ae percent of the funds awarded to the eligible institution under this section may be used for activities described in this subparagraph4 7,d7 ,reduce or eliminate unmet financial need relating to the cost of attendance 7as defined under section #dgb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgll77 of participants in such programs4 7#d7 ,administrative cost limit ,an eligible institution may use not more than #g percent of the funds awarded under this section for administrative costs1 including costs related to collecting information1 analysis1 and coordination for purposes of subsection 7f74 7f7 ,levels of performance and performance reviews 7#a7 ,in general ,the ,secretary shall develop and implement guidance that establishes the levels of performance that are expected to be achieved by each eligible institution receiving a grant under this section4 ,such levels of performance shall be established on the following indicators3 7,a7 ,each of the primary indicators of performance for adults described in section #aaf7;b77#b77;,a77i71 which shall be applied for all individuals who participated in a program that received funding from a grant under this section4 7,b7 ,the extent to which the eligible institution built capacity by-- 7i7 increasing the breadth and depth of employer engagement and investment in workforce development programs in the in-demand industry sectors and occupations targeted by the eligible institution and industry partnership established or maintained by the eligible institution under subsection 7e77#a72 7ii7 designing or implementing new and accelerated instructional techniques or technologies1 including the use of advanced online and technology-enabled learning 7such as immersive technology72 and 7iii7 increasing program and policy alignment across systems and decreasing duplicative services or service gaps4 7,c7 ,with respect to individuals who participated in a workforce development program funded with the grant-- 7i7 the percentage of participants who successfully completed the program2 and 7ii7 of the participants who were incumbent workers at the time of enrollment in the program1 the percentage who advanced into higher level positions during or after completing the program4 7#b7 ,consultation and determination of levels of performance 7,a7 ,consideration ,in developing levels of performance in accordance with paragraph 7#a71 the ,secretary shall take into consideration the goals of the eligible institution pursuant to subsection 7d77#b77,l74 7,b7 ,determination ,after completing the consideration required under subparagraph 7,a71 the ,secretary shall separately determine the levels of performance that will apply to each eligible institution1 taking into account-- 7i7 the expected levels of performance of each eligible institution with respect to the goals described by the eligible institution pursuant to subsection 7d77#b77,l72 and 7ii7 local economic conditions in the geographic area to be served by the eligible institution1 including differences in unemployment rates and job losses or gains in particular industries4 7,c7 ,notice and acknowledgment 7i7 ,notice ,the ,secretary shall provide each eligible institution with a written notification that sets forth the levels of performance that will apply to the eligible institution1 as determined under subparagraph 7,b74 7ii7 ,acknowledgment ,after receiving the notification described in clause 7i71 each eligible institution shall submit to the ,secretary written confirmation that the eligible institution-- 7,i7 received the notification2 and 7,,ii7 agrees to be evaluated in accordance with the levels of performance determined by the ,secretary4 7#c7 ,performance reviews ,on an annual basis during each year of the grant period1 the ,secretary shall evaluate the performance during such year of each eligible institution receiving a grant under this section in a manner consistent with the levels of performance determined for such institution pursuant to paragraph 7#b74 7#d7 ,failure to meet levels of performance ,after conducting an evaluation under paragraph 7#c71 if the ,secretary determines that an eligible institution did not achieve the levels of performance applicable to the eligible institution under paragraph 7#b71 the ,secretary shall-- 7,a7 provide technical assistance to the eligible institution2 and 7,b7 develop a performance improvement plan for the eligible institution4 7g7 ,evaluations and reports 7#a7 ,in general ,not later than #d years after the date on which the first grant is made under this section1 the ,secretary shall design and conduct an evaluation to determine the overall effectiveness of the eligible institutions receiving a grant under this section4 7#b7 ,elements ,the evaluation of the effectiveness of eligible institutions conducted under paragraph 7#a7 shall include an assessment of the general effectiveness of programs and activities supported by the grants awarded to such eligible institutions under this section1 including the extent to which the programs and activities-- 7,a7 developed new1 or expanded existing1 successful industry sector strategies1 including the extent to which such eligible institutions deepened employer engagement and developed workforce development programs that met industry skill needs2 7,b7 created1 expanded1 or enhanced career pathways1 including the extent to which the eligible institutions developed or improved competency-based education and assessment1 credit for prior learning1 modularized and self-paced curricula1 integrated education and workforce development1 dual enrollment in secondary and postsecondary career pathways1 stacked and latticed credentials1 and online and distance learning2 7,c7 created alignment between eligible institutions and the workforce development system2 7,d7 assisted individuals with finding1 retaining1 or advancing in employment2 7,e7 assisted individuals with earning recognized postsecondary credentials2 and 7,f7 provided equal access to various demographic groups1 including people of different geographic locations1 ages1 races1 national origins1 and sexes4 7#c7 ,design requirements ,the evaluation under this subsection shall-- 7,a7 be designed by the ,secretary 7acting through the ,chief ,evaluation ,officer7 in conjunction with the eligible institutions being evaluated2 7,b7 include analysis of program participant feedback and outcome and process measures2 and 7,c7 use designs that employ the most rigorous analytical and statistical methods that are reasonably feasible1 such as the use of control groups4 7#d7 ,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 subsection4 ,such data shall be made available in an aggregated format that does not reveal personally identifiable information and that ensures compliance with relevant ,federal laws1 including section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 7#bj ,u4,s4,c4 #abcb;g74 7#e7 ,publication and reporting of evaluation findings ,the ,secretary 7acting through the ,chief ,evaluation ,officer7 shall-- 7,a7 in accordance with the timeline determined to be appropriate by the ,chief ,evaluation ,officer1 publish an interim report on the preliminary results of the evaluation conducted under this subsection2 7,b7 not later than #fj days after the date on which the evaluation is completed under this subsection1 submit to the ,committee on ,education and ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate a report on such evaluation2 and 7,c7 not later than #ij days after such completion date1 publish and make the results of such evaluation available on a publicly accessible website of the ,department of ,labor4 7h7 ,annual reports ,the ,secretary shall make available on a publicly accessible website of the ,department of ,labor1 in transparent1 linked1 open1 and interoperable data formats1 the following information3 7#a7 ,the performance of eligible institutions on the capacity-building performance indicator set forth under subsection 7f77#a77;,b74 7#b7 ,the performance of eligible institutions on the workforce development participant outcome performance indicators set forth under subsection 7f77#a77;,c74 7#c7 ,the number of individuals enrolled in workforce development programs funded with a grant under this section4 7i7 ,definitions ,in this section3 7#a7 ,chief evaluation officer ,the term ,chief ,evaluation ,officer means the head of the independent evaluation office located in the ,office of the ,assistant ,secretary for ,policy of the ,department of ,labor4 7#b7 ,community college ,the term community college means-- 7,a7 a public institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act 7#bj ,u4,s4,c4 #ajja7;a771 at which-- 7i7 the highest degree awarded is an associate degree2 or 7ii7 an associate degree is the most frequently awarded degree2 7,b7 a branch campus of a #d-year public institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja771 if1 at such branch campus-- 7i7 the highest degree awarded is an associate degree2 or 7ii7 an associate degree is the most frequently awarded degree2 7,c7 a #b-year ,tribal ,college or ,university 7as defined in section #caf7;b77#c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b77#c7772 or 7,d7 a degree-granting ,tribal ,college or ,university 7as defined in section #caf7;b77#c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b77#c777 at which-- 7i7 the highest degree awarded is an associate degree2 or 7ii7 an associate degree is the most frequently awarded degree4 7#c7 ,eligible institution ,the term eligible institution means-- 7,a7 a community college2 7,b7 a postsecondary vocational institution 7as defined in section #ajb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;c7772 or 7,c7 a consortium of such colleges or institutions4 7j7 ,supplement not supplant ,funds made available under this section shall be used to supplement1 and not supplant1 other ,federal1 ,state1 and local public funds made available for carrying out the activities described in this section4 4 #ahj4 ,authorization of appropriations ,section #age of the ,workforce ,innovation and ,opportunity ,act1 as so redesignated1 is amended-- 7#a7 by redesignating subsections 7e7 and 7f7 as subsections 7g7 and 7h71 respectively2 and 7#b7 by striking subsections 7a7 through 7d7 and inserting the following3 7a7 ,native ,american programs ,there are authorized to be appropriated to carry out section #aff 7not including subsection 7k7 of such section7 #fb1ejj1jjj for each of the fiscal years #bjbg through #bjcb4 7b7 ,migrant and seasonal farmworker programs ,there are authorized to be appropriated to carry out section #afg #ig1cif1jjj for each of the fiscal years #bjbg through #bjcb4 7c7 ,evaluations and research ,there are authorized to be appropriated to carry out section #afi #f1jjj1jjj for each of the fiscal years #bjbg through #bjcb4 7d7 ,reentry program ,there are authorized to be appropriated to carry out section #agb #aaj1jjj1jjj for each of the fiscal years #bjbg through #bjcb4 7e7 ,strengthening community colleges program ,there are authorized to be appropriated to carry out section #agc #fe1jjj1jjj for each of the fiscal years #bjbg through #bjcb4 4 ,f ,administration #aia4 ,requirements and restrictions 7a7 ,labor standards ,section #aha7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbda7;b77 is amended by adding at the end the following3 7#h7 ,child labor ,individuals in on-the-job training or individuals employed in programs and activities under this title shall be employed in accordance with the provisions on child labor under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 and applicable ,state law4 7#i7 ,consultation ,if an employer provides on-the-job training1 incumbent worker training1 or employer-directed skills development with funds made available under this title directly to employees of such employer that are subject to a collective bargaining agreement with the employer1 the employer shall consult with the labor organization that represents such employees on the planning and design of such training or development4 4 7b7 ,remedies ,section #aha7;c77#c77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbda7;c77#c77;,b77 is amended by inserting for a period of not less than #b years before the semicolon at the end4 7c7 ,relocation ,section #aha7;d77#b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbda7;d77#b77 is amended by striking incumbent worker training1 and inserting incumbent worker training1 employer-directed skills development14 7d7 ,supportive services ,section #aha of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbda7 is amended by adding at the end the following3 7h7 ,supportive services ,except as provided in section #acd7;d77#b71 funds provided under this title may only be used to provide supportive services to individuals who-- 7#a7 are participating in activities under programs authorized under this title2 7#b7 are unable to obtain the supportive services through programs listed in section #aba7;b77#b72 and 7#c7 require supportive services to enable participation in activities under programs authorized under this title4 4 #aib4 ,monitoring ,section #ahc of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbdc7 is amended by striking recipients each place it appears and inserting recipients and subrecipients4 #aic4 ,fiscal controls2 sanctions ,section #ahd7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbdd7;b77 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as paragraphs 7#c71 7#e71 and 7#f71 respectively2 7#b7 by inserting before paragraph 7#c71 as so redesignated1 the following3 7#a7 ,in general ,for the purposes of this title1 a substantial violation shall-- 7,a7 be determined in accordance with the procedures established by the ,governor as described in paragraph 7#b72 and 7,b7 include any willful violation of the requirements under subsections 7a7 or 7b7 of section #aha for which there has been a final determination of the violation without any remaining right to appeal4 7#b7 ,procedures ,the ,governor shall establish procedures to be used by local areas and1 in the case of funds described in section #abh7;a7 or pertaining to the enforcement provisions under section #abb7;g71 by any other individual or entity specified by the ,governor to determine if a substantial violation of this title has occurred4 2 7#c7 in paragraph 7#c71 as so redesignated-- 7,a7 in subparagraph 7,a71 by striking 2 or and inserting a semicolon2 7,b7 in subparagraph 7,b77v71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7,c7 reduce any local allotment under section #abh7;b7 or #acc7;b7 to the local area involved by not more than #e percent for the fiscal year after the fiscal year in which the substantial violation1 for which corrective action was not taken1 occurred4 2 7#d7 by inserting after paragraph 7#c71 as so redesignated1 the following3 7#d7 ,reallocation of reductions ,any amount that was reduced from an allotment to a local area in accordance with paragraph 7#c77;,c7 shall be reallocated by the ,governor to the other local areas within the ,state that are not subject to an action described in paragraph 7#c7 in a manner determined by the ,governor1 which may take into consideration whether such other local area is serving a significant number of individuals with barriers to employment4 2 7#e7 in paragraph 7#e71 as so redesignated1 by striking 7,a7 and 7,b7 and inserting 7,a71 7,b71 and 7,c72 and 7#f7 in paragraph 7#f71 as so redesignated1 by striking paragraph 7#a7 and inserting paragraph 7#b7 #aid4 ,administrative adjudication ,section #ahf7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbdf7;a77 is amended by striking #ahd and inserting #aha or #ahd4 #aie4 ,judicial review ,section #ahg7;a77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbdg7;a77#a77 is amended by striking #ahd and inserting #aha or #ahd4 #aif4 ,general waivers of statutory or regulatory requirements ,section #ahi7;i77#c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbdi7;i77#c77 is amended-- 7#a7 in subparagraph 7,a77i7 by striking procedures for review and approval of plans and inserting the procedures for review and approval of plans1 the performance reports described in section #aaf7;d71 and the requirement described in section #acd7;c77#a77;,b72 and 7#b7 by adding at the end the following3 7,e7 ,model template ,not later than one year after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 the ,secretary shall issue guidance and provide model templates to ,states to assist ,states in requesting common waivers of statutory or regulatory requirements under this subsection4 4 #aig4 ,make ,america ,skilled ,again grants ,section #aij of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbej7 is amended to read as follows3 #aij4 ,make ,america ,skilled ,again ,grants 7a7 ,purpose ,the purpose of this section is to-- 7#a7 authorize ,states to apply under this section on behalf of the ,state as a whole1 or on behalf of a local area or a consortium of local areas in the ,state1 to receive the allotments or allocations of the ,state or the local areas1 respectively1 for youth workforce investment activities under chapter #b of subtitle ,b and adult and dislocated worker employment and training activities under chapter #c of subtitle ,b as a consolidated grant for #e years for the purpose of carrying out a pilot project to pursue innovative reforms to achieve better outcomes for jobseekers1 workers1 employers1 and taxpayers2 and 7#b7 require that rigorous evaluations be conducted to demonstrate if better outcomes and opportunities to achieve economic self-sufficiency for participants1 including participants receiving a priority for services under this section1 and associated innovative reforms to improve service delivery were achieved as a result of such pilot projects4 7b7 ,general authority 7#a7 ,waivers1 pilot project grant amounts1 and reservations ,notwithstanding any other provision of subtitle ,a or ,b1 except as otherwise provided in this section1 during the pilot project period applicable to a pilot project approved for a ,state pursuant to subsection 7d77#c71 the ,secretary1 the ,governor of a ,state participating in such pilot project on behalf of the ,state as a whole1 local area1 or consortium of local areas1 and a local area or consortium of local areas on whose behalf a ,governor is participating in such a pilot project1 shall1 as applicable1 comply with each of the following3 7,a7 ,waivers ,subject to paragraph 7#b71 the ,secretary shall waive for the ,state as a whole1 or for the local area or the consortium of local areas selected by the ,state to carry out such pilot project1 all the statutory and regulatory requirements of subtitles ,a and ,b4 7,b7 ,pilot project grant amounts ,for each fiscal year applicable to a pilot period1 the ,secretary shall carry out the following3 7i7 ,state as a whole ,in a case of a ,state approved to carry out a pilot project under this section on behalf of the ,state as a whole1 distribute as a consolidated sum to the ,state1 for purposes of carrying out the project1 the ,state's total allotment for such fiscal year under-- 7,i7 subsections 7b77#a77;,c7 and 7c7 of section #abg2 7,,ii7 paragraphs 7#a77;,b7 and 7#b77;,b7 of section #acb7;b72 and 7,,iii7 section #acb7;c74 7ii7 ,local area ,in a case of a local area selected by a ,state and approved to carry out a pilot project under this section1 require the ,state to-- 7,i7 distribute as a consolidated sum to the local board for such local area1 for purposes of carrying out the project1 the local area's allocation for such fiscal year under-- 7aa7 subsections 7b7 and 7c7 of section #abh2 and 7bb7 subsections 7b7 and 7c7 of section #acc2 or 7,,ii7 if the local board of the local area enters into a written agreement with the ,state for the ,state to serve as the fiscal agent for the local board during the pilot project1 use the funds described in subclause 7,i7 for purposes of carrying out the project on behalf of the local board4 7iii7 ,consortium of local areas ,in a case of a consortium of local areas selected by a ,state and approved to carry out a pilot project under this section1 require the ,state to-- 7,i7 distribute as a consolidated sum to the consortium1 for purposes of carrying out the project1 the total amount of the allocations for the local areas in such consortium for such fiscal year under-- 7aa7 subsections 7b7 and 7c7 of section #abh2 and 7bb7 subsections 7b7 and 7c7 of section #acc2 or 7,,ii7 if the consortium enters into a written agreement with the ,state for the ,state to serve as the fiscal agent for the consortium during the pilot project1 use the funds described in subclause 7,i7 for purposes of carrying out the project on behalf of such consortium4 7,c7 ,state reservation ,the ,governor of a ,state participating in a pilot project on behalf of the ,state as a whole shall reserve not less than #be percent of the consolidated sum allotted to the ,state1 as described in subparagraph 7,b77i71 for the purpose of developing and implementing evidence-based workforce development activities in the ,state4 ,such activities-- 7i7 shall comply with the priority of service requirement described in subsection 7e77#c72 and 7ii7 may include strategies such as-- 7,i7 innovative skills development programs to improve employment outcomes for jobseekers1 incumbent workers1 and dislocated workers2 7,,ii7 job training programs and assistance with removing barriers to employment for offenders2 7,,iii7 pre-apprenticeships1 apprenticeships1 and evidence-based workforce development and employment opportunities1 including for youth 7particularly out-of-school youth72 7,,iv7 the development and strengthening of industry or sector partnerships and training programs offered under such partnerships2 7,v7 the optimization of supportive service delivery and the integration of such services within the workforce system to promote retention in and completion of training programs for participants served under the pilot project2 and 7,,vi7 other strategies as may be appropriate and necessary to achieve better outcomes for jobseekers1 workers1 employers1 and taxpayers1 as determined by the ,governor4 7,d7 ,local area and consortium reservation ,a local area or a consortium of local areas for which a pilot project is authorized under this section shall reserve not less than #be percent of the consolidated sum allotted1 as described in clause 7ii7 or 7iii71 respectively1 of subparagraph 7,b71 to the local area or consortium of local areas1 respectively1 for the purpose of developing and implementing evidence-based workforce development activities described in subparagraph 7,c7 in the local area or local areas served by the consortium1 respectively4 7#b7 ,exceptions 7,a7 ,in general ,a ,state1 local area1 or consortium of local areas carrying out a pilot project under this section shall comply with statutory or regulatory requirements of this ,act relating to-- 7i7 performance accountability and reporting1 except as otherwise provided in this section2 7ii7 the membership of local boards or ,state boards in instances where a ,state carrying out a pilot project will maintain the use of such local boards or ,state boards1 respectively1 during the pilot project period2 7iii7 the requirement to set minimum levels of performance on the criteria described in section #abb7;b77#b77;,b7 for any providers of training services that will receive funding under the pilot project2 7iv7 the establishment of the one-stop delivery system to make the services and activities carried out under the pilot project available to individuals in the ,state1 local area1 or consortium of local areas carrying out the pilot project1 except that1 of the requirements in section #aba7;e71 such one-stop delivery system shall only be required to meet the requirements of paragraph 7#b7 of that section and only with respect to the services and activities of the pilot project2 7v7 the fiscal and management accountability information systems described in section #aaf7;j7 and1 in the case of a pilot project carried out by a local area or consortium of local areas1 the provisions on fiscal integrity described in section #ajf2 and 7vi7 the priority of service described in section #acd7;c77#c77;,e74 7,b7 ,applicability of defined terms ,in carrying out a pilot project under this section1 a ,state1 local area1 or consortium of local areas may only use a term defined in section #c to describe an activity carried out under such pilot project if the ,state1 local area1 or consortium of local areas gives such term the same meaning as such term is given under such section4 7,c7 ,rule of construction ,nothing in subparagraph 7,a77iv7 shall be construed to prevent a ,state1 local area1 or consortium of local areas carrying out a pilot project under this section from deciding to maintain the one-stop delivery system in effect for the ,state1 local area1 or consortium1 respectively1 prior to the start of the pilot project4 7#c7 ,authority for third-party evaluation 7,a7 ,in general ,not later than #ahj days after the first pilot project is approved under this section1 the ,secretary shall contract with a third-party evaluator to conduct a rigorous evaluation of each pilot project approved under this section4 ,the evaluation shall-- 7i7 cover the entire period of each pilot project2 7ii7 include a description of-- 7,i7 the populations served under the pilot project1 including with respect to individuals with barriers to employment served under the pilot project1 disaggregated by each subpopulation of such individuals1 and by race1 ethnicity1 sex1 and age2 7,,ii7 the services provided through the pilot project1 the providers of such services1 and the cost of such services1 disaggregated by the type of service provided2 7,,iii7 if the pilot project is carried out by a ,state1 the geographic distribution within the ,state of the services provided under the pilot project2 and 7,,iv7 the workforce development systems in the ,state1 local area1 or consortium of local areas that were affected1 and the nature of such effects1 as a result of the pilot project2 7iii7 compare the employment and earnings outcomes of participants in activities carried out under the pilot project to-- 7,i7 the outcomes of similarly situated individuals who do not participate in such activities and who are located in such ,state1 such local area1 or a local area in such consortium1 as applicable2 7,,ii7 the outcomes of similarly situated participants in similarly situated ,states or local areas within such ,states1 as applicable1 that do not receive authority to carry out a pilot project under this section2 and 7,,iii7 the outcomes of participants in activities under chapter #b or #c of subtitle ,b in the ,state1 local area1 or a local area in the consortium that was awarded a waiver prior to the award of such waiver2 7iv7 conduct a qualitative analysis that identifies any practices or strategies 7including promising1 evidence-based1 or innovative practices and strategies7 that-- 7,i7 would not have been conducted without the waiving of statutory or regulatory provisions through the pilot project2 and 7,,ii7 led to changes in employment and earnings outcomes for the participants1 including employment and earnings outcomes for participants who are out-of-school youth and individuals with barriers to employment2 and 7v7 compare the outcomes for subclauses 7,i71 7,,ii71 and 7,,iii7 of clause 7iii7 with respect to the subpopulations described in section #aaf7;d77#b77;,b74 7,b7 ,report ,not later than #b years after the final year of a pilot project approved under this section1 the ,secretary shall submit to the ,committee on ,education and ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate the results of the evaluation conducted under this paragraph4 7c7 ,pilot period2 limitations 7#a7 ,in general ,a pilot project approved under this section for a ,state1 local area1 or consortium-- 7,a7 shall be carried out for a #e-year pilot project period2 and 7,b7 may be renewed for an additional #d-year pilot project period1 if the ,state1 local area1 or consortium-- 7i7 for each of the final #c years of the preceding #e-year pilot project period1 meets its expected levels of performance established under subsection 7f77#a77;,c72 and 7ii7 for the final year of the preceding #e-year pilot project period1 achieves a performance improvement of not less than an average of a #e-percent increase across all of the indicators of performance described in clauses 7i7 and 7ii7 of subsection 7f77#a77;,a71 compared with-- 7,i7 the highest level of performance for the corresponding indicators of performance1 as described in subsection 7f77#a77;,b77i7 with respect to such ,state1 for the most recent program year that ended prior to the beginning of the first year of the preceding #e-year pilot project period2 or 7,,ii7 the alternate baseline level of performance for the corresponding indicators of performance that is agreed upon between the ,state and the ,secretary under subsection 7f77#a77;,b77ii74 7#b7 ,limitations 7,a7 ,pilot period limitations ,for each pilot period 7including renewals of such period7 the ,secretary may not approve-- 7i7 more than #aj pilot projects for ,states to carry out a pilot project described in subsection 7b77#a77;,b77i71 except as provided in subparagraph 7,c72 and 7ii7 more than #h pilot projects for local areas 7or consortia of local areas7 to carry out a pilot project described in clause 7ii7 or 7iii7 of subsection 7b77#a77;,b74 7,b7 ,state limitations ,not more than #a pilot project may be approved under this section per ,state4 ,for purposes of this subparagraph1 a pilot project described in clause 7ii7 or 7iii7 of subsection 7b77#a77;,b7 approved for a local area or a consortium of local areas1 respectively1 in a ,state shall be considered a pilot project approved under this section for the ,state4 7,c7 ,subsequent approval ,notwithstanding subparagraph 7,a77i71 the ,secretary may award authority to carry out a pilot project for a ,state as a whole under this section to #b additional ,states if1 at the beginning of the third year of the pilot projects awarded to the #aj ,states under subparagraph 7,a77i71 each of such ,states-- 7i7 has met or exceeded expected levels of performance under the primary indicators of performance described in section #aaf7;b77#b77;,a72 and 7ii7 meets the requirement described in subsection 7e77#d74 7d7 ,application 7#a7 ,in general ,to be eligible to carry out a pilot project under this section1 a ,state shall submit to the ,secretary an application at such time and in such manner as the ,secretary may reasonably require1 and containing the information described in paragraph 7#b74 7#b7 ,content ,each application submitted by a ,state under this subsection shall include the following3 7,a7 ,a description of the pilot project to be carried out under this section1 including-- 7i7 whether the project will be carried out-- 7,i7 by the ,state as a whole2 7,,ii7 by a local area1 and if so-- 7aa7 an identification of-- 7,,aa7 such local area2 and 7,,bb7 whether the local area will be the fiscal agent for the project1 or whether the local board has entered into a written agreement with the ,state for the ,state to serve as the fiscal agent during the project2 and 7bb7 written verification from the local board for such local area that such local board agrees-- 7,,aa7 to carry out such project2 and 7,,bb7 to the fiscal agent identified in item 7aa77,,bb72 or 7,,iii7 by a consortium of local areas in the ,state1 and if so-- 7aa7 an identification of-- 7,,aa7 each local area that comprises the consortium2 and 7,,bb7 the local area that will serve as the fiscal agent for the consortium during the project1 or whether the consortium has entered into a written agreement with the ,state for the ,state to serve as the fiscal agent2 and 7bb7 written verification from each local board of each local area identified in item 7aa77,,aa7 that such local board agrees-- 7,,aa7 to carry out such project as a consortium2 and 7,,bb7 to the fiscal agent for the consortium identified in item 7aa77,,bb72 7ii7 a description of the activities to be carried out under the project1 including-- 7,i7 the activities to be carried out under the reservation required under subparagraph 7,c7 or 7,d7 of subsection 7b77#a71 as applicable2 7,,ii7 how the activities will comply with the priority of service described in subsection 7e77#c72 and 7,,iii7 how the activities will be made available through the one-stop delivery system described in subsection 7b77#b77;,a77iv72 7iii7 the goals the ,state1 local area1 or consortium intends to achieve through such activities1 which shall be aligned with the purpose described in subsection 7a72 and 7iv7 a description of any reforms or improvements1 including any reforms or improvements that may be evidence-based1 to service delivery to be carried out under the project4 7,b7 ,a description of the performance outcomes the ,state1 the local area1 or consortium expects to achieve for such activities for each year of the pilot project period as described in subsection 7f77#a74 7,c7 ,a description of how the ,state1 local area1 or consortium consulted with employers1 the ,state board1 and the local boards in the ,state in determining the activities to carry out under the pilot project4 7,d7 ,a description of how the ,state will make such activities available to jobseekers and employers in each of the local areas in the ,state or1 in a case of a project that will be carried out by a local area or a consortium1 a description of how such services will be made available to jobseekers and employers in such local area or each of the local areas in the consortium4 7,e7 ,a description1 if appropriate1 of how the ,state1 local area1 or consortium will integrate the funds received1 and the activities carried out1 under the pilot project under this section with funds and activities for ,state workforce development programs and other ,federal1 ,state1 or local workforce1 education1 or social service programs 7including the programs and activities listed in section #ajc7;a77#b71 the program of adult education and literacy activities authorized under title ,,ii1 and the program authorized under title ,i of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gbj et seq4774 7,f7 ,an explanation of-- 7i7 how the ,state1 local area1 or consortium will ensure that jobseekers and employers in urban1 rural1 and suburban areas are able to participate in the pilot project2 or 7ii7 the factors preventing jobseekers and employers in such areas from participating4 7,g7 ,an assurance that the ,state1 local area1 or consortium will meet the requirements of this section4 7#c7 ,secretarial approval 7,a7 ,in general ,the ,secretary shall-- 7i7 approve an application submitted under this subsection1 and the pilot project described in such application1 not later than #ij days after the date on which such application is submitted1 unless the ,secretary meets the requirements of clause 7ii72 and 7ii7 have the authority to disapprove such application only if1 by not later than #ij days after the date on which such application is submitted1 the ,secretary-- 7,i7 determines-- 7aa7 that such application is subject to the limitations described in subsection 7c77#b72 or 7bb7 that such application fails to meet the requirements of this section2 and 7,,ii7 in a case which the ,secretary makes the determination described in subclause 7,i77bb71 provides to the ,state a written explanation of initial disapproval that meets the requirements of subparagraph 7,b74 7,b7 ,initial disapproval ,an explanation of initial disapproval provided by the ,secretary to a ,state under subparagraph 7,a77ii77,,ii7 shall provide the ,state with-- 7i7 a detailed explanation of why the application does not meet the requirements of this section2 and 7ii7 if the ,state is not subject to the limitations described in subsection 7c71 an opportunity to revise and resubmit the ,state's application under this section4 7,c7 ,rule of construction ,nothing in this paragraph shall be construed to require the ,secretary to approve more pilot projects than allowed under the limitations described in subsection 7c77#b74 7#d7 ,priority ,in approving pilot projects under this section in the case that more ,states1 on behalf of the ,state as a whole or on behalf of local areas and consortia of local areas1 have submitted applications that meet the requirements of this section than the ,secretary is allowed to approve pursuant to the limitations described in subsection 7c77#b71 the ,secretary shall give priority consideration as follows3 7,a7 ,for applications seeking a pilot project for the ,state as a whole-- 7i7 first1 to applications submitted by ,states with a population of not more than #e1jjj1jjj and not less than #ae workforce boards1 as of the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf2 and 7ii7 second1 to applications submitted by ,states that have achieved the ,state adjusted levels of performance for the youth program authorized under chapter #b of subtitle ,b and the adult and dislocated worker programs authorized under chapter #c of subtitle ,b in the most recent program year for which performance information is available4 7,b7 ,for applications seeking a pilot project for a local area or consortium of local areas1 to applications submitted by local areas or consortia of local areas that have achieved the negotiated local levels of performance for such youth program and such adult and dislocated worker programs in the most recent program year for which performance information is available4 7e7 ,state pilot project requirements ,a ,state1 local area1 or consortium that has been approved to carry out a pilot project under this section shall meet each of the following requirements3 7#a7 ,use of funds ,use the funds received pursuant to subsection 7b77#a77;,b7 solely to carry out the activities of the pilot project to achieve the goals of the pilot project1 as described in subsection 7d77#b77;,a74 7#b7 ,administrative costs limitation ,use not more than #aj percent of the funds received pursuant to subsection 7b77#a77;,b7 for a fiscal year for the administrative costs of carrying out the pilot project4 7#c7 ,priority for services ,give priority for services under the project to veterans and their eligible spouses in accordance with the requirements of section #dbae of title #ch1 ,united ,states ,code1 recipients of public assistance1 low-income individuals1 individuals who have foundational skill needs1 out-of-school youth1 and dislocated workers4 7#d7 ,number of participants ,serve a number of participants under the activities of the pilot project for each year of the pilot project period that-- 7,a7 is greater than the number of participants served by such ,state1 local area1 or consortium1 as applicable1 under the programs described in subparagraph 7,a7 of section #c7ac7 for the most recent program year that ended prior to the beginning of the first year of the pilot project period2 or 7,b7 is not less than the number of participants to be served under the activities of the pilot project that is agreed upon between the ,state1 local area1 or consortium1 as applicable1 and the ,secretary-- 7i7 prior to the ,secretary's approval of the application submitted under subsection 7d72 and 7ii7 after the ,secretary takes into account-- 7,i7 the goals the ,state1 local area1 or consortium intends to achieve through the pilot project2 and 7,,ii7 the participants the ,state1 local area1 or consortium intends to serve under such project4 7#e7 ,reporting outcomes ,submit1 on an annual basis1 to the ,secretary a report1 with respect to such ,state1 local area1 or consortium-- 7,a7 on participant outcomes for each indicator of performance described in subsection 7f77#a77;,a7 for the activities carried out under the project2 7,b7 on the applicable requirements of section #aaf7;d77#b71 including-- 7i7 subparagraph 7,b7 of such section2 and 7ii7 subparagraphs 7,c71 7,d71 7,e71 7,f71 7,g71 and 7,j7 of such section1 as such subparagraphs are applicable to activities under the pilot project2 and 7,c7 containing a description of how the ,state spent the amounts reserved under subsection 7b77#a77;,c7 or the local area or consortium spent the amounts reserved under subsection 7b77#a77;,d71 as applicable1 and any evidence-based practices developed with such amounts4 7#f7 ,compliance with certain existing requirements ,comply with the statutory or regulatory requirements listed in subparagraphs 7,a7 and 7,b7 of subsection 7b77#b74 7f7 ,performance accountability 7#a7 ,establishment of baseline levels for performance 7,a7 ,in general ,each ,state shall describe in the application submitted under subsection 7d71 for each year of the pilot project period-- 7i7 with respect to participants who are at least #be years old1 the expected ,state levels of performance or expected local levels of performance1 as the case may be1 for each of the indicators of performance under section #aaf7;b77#b77;,a77i7 for the activities carried out under the project under this section1 which shall meet the requirements of subparagraph 7,b72 and 7ii7 with respect to participants who are at least #af years old and not older than #bd years old1 the expected ,state levels of performance or expected local levels of performance1 as the case may be1 for each of the indicators of performance under section #aaf7;b77#b77;,a77ii7 for the activities carried out under the project under this section1 which shall meet the requirements of subparagraph 7,b74 7,b7 ,fifth year ,each of the expected levels of performance established pursuant to subparagraph 7,a7 for each of the indicators of performance for the fifth year of the pilot project period shall be higher than-- 7i7 the highest ,state adjusted or negotiated local level of performance1 as applicable1 for the corresponding indicator of performance for the programs described in subparagraph 7,a7 of section #c7ac71 for the most recent program year for such ,state that ended prior to the beginning of the first year of the pilot project period2 or 7ii7 an alternate baseline level of performance that-- 7,i7 shall not be lower than the most recent ,state adjusted or negotiated local level of performance 7including any revisions7 for the corresponding indicator of performance for the youth program under chapter #b of subtitle ,b or the adult or dislocated worker program under chapter #c of such subtitle 7using the program determined most applicable by the ,governor of the ,state submitting the application71 taking into account the goals the ,state intends to achieve through the pilot project and the participants the ,state intends to serve through such project2 and 7,,ii7 is agreed upon between the ,state and the ,secretary-- 7aa7 prior to the ,secretary's approval of the application submitted under subsection 7d72 and 7bb7 after the ,secretary takes into account-- 7,,aa7 the goals the ,state intends to achieve through the pilot project2 and 7,,bb7 the participants the ,state intends to serve under such project4 7,c7 ,agreed level for performance on expected levels of performance ,prior to approving an application for a pilot project submitted by a ,state1 and using the expected levels of performance described in such application1 the ,secretary shall reach an agreement with such ,state on the expected levels of performance for each of the indicators of performance4 ,in reaching an agreement on such expected levels of performance1 the ,secretary and the ,state may consider the factors described in section #aaf7;b77#c77;,a77v74 7#b7 ,sanctions 7,a7 ,in general ,the sanctions described in section #aaf7;f77#a77;,b7 shall apply to a ,state1 local area1 or consortium of local areas beginning on the third year of the pilot project period 7and1 for failures described in clause 7ii77,,ii7 of that section1 shall first apply for consecutive failures in that third year and the following year7 for such ,state1 local area1 or consortium1 except that the expected levels of performance established under paragraph 7#a7 shall be-- 7i7 deemed to be levels of performance agreed to under section #aaf7;b77#c77;,a77iv71 for purposes of this paragraph2 and 7ii7 adjusted at the end of each program year to reflect the actual characteristics of participants served and the actual economic conditions experienced using a statistical adjustment model similar to the model described in section #aaf7;b77#c77;,a77viii74 7,b7 ,ineligibility for renewal ,a ,state1 local area1 or consortium that is subject to such sanctions shall be ineligible to renew its pilot project period under subsection 7c74 7#c7 ,impact of local or consortium pilot projects on statewide accountability ,with respect to a ,state with an approved pilot project for a local area or consortium of local areas in the ,state-- 7,a7 the performance of such local area or consortium for the programs described in subparagraph 7,a7 of section #c7ac7 shall not be included in the levels of performance for such ,state for any of such programs for purposes of section #aaf for any program year that is applicable to any year of the pilot project period2 and 7,b7 with respect to any local areas of the ,state that are not part of the pilot project1 the ,state shall reach a new agreement with the ,secretary1 for purposes of section #aaf7;b77#c77;,a71 on levels of performance for such programs for such program years4 7g7 ,termination ,except as provided under subsection 7c77#a77;,b71 the ,secretary may not approve a pilot project after ,december #ca1 #bjca4 4 #aih4 ,general program requirements ,section #aid of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbed77 is amended by adding at the end the following3 7#af7 7,a7 ,in general ,each recipient of funds described in section #abh7;a71 section #abh7;b71 or section #acc7;b7 or under subtitle ,c or ,d 7including a provider described in section #abb7;i7 that is awarded such funds by a ,state or local area7 shall provide to the appropriate entity an assurance that the recipient will adhere to the requirements under subsections 7a7 and 7b7 of section #aha4 7,b7 ,appropriate entity ,for the purposes of this paragraph1 the term appropriate entity means-- 7i7 in the case of any funds described in section #abh7;a71 the ,governor of the ,state providing such funds2 7ii7 in the case of any funds described in section #abh7;b7 or section #acc7;b71 the local board providing such funds2 and 7iii7 in the case of any funds under subtitle ,c or ,d1 the ,secretary4 7#ag7 ,regarding ,states with low population density 7,a7 ,low-density workforce area considerations ,in the case of a local area located in a low-density workforce area1 section #abi7;c77#d7 shall be applied-- 7i7 by substituting #be percent for #dj percent2 and 7ii7 by substituting #g and #a_/b percent for #ab and #a_/b percent4 7,b7 ,low-density workforce area definition ,in this title1 the term #8low-density workforce area' means a ,state with a population density of less than #a4e persons per square mile1 as determined by the most recent decennial census of the ,bureau of the ,census4 4 ,,ii ,adult ,education and ,literacy ,a ,transferring all functions of the ,adult ,education and ,family ,literacy ,act to the ,department of ,labor #bja4 ,transfer of functions ,there are transferred to the ,secretary of ,labor all functions which the ,secretary of ,education and the ,department of ,education exercised before the effective date of this subtitle 7including all related functions of any officer or employee of that ,department7 under title ,,ii of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbga et seq474 #bjb4 ,personnel ,determinations by the ,office of ,management and ,budget ,the ,office of ,management and ,budget shall-- 7#a7 ensure that this subtitle does not result in any net increase in full-time equivalent employees across all ,federal agencies impacted by this subtitle2 and 7#b7 not later than #a year after the effective date of this subtitle1 certify compliance with this subtitle to the ,committee on ,education and ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 #bjc4 ,delegation and assignment ,except where otherwise expressly prohibited by law or otherwise provided by this subtitle1 the ,secretary of ,labor may delegate any of the functions transferred to the ,secretary of ,labor by section #bja and any function described in section #bja that was transferred or granted to such ,secretary after the effective date of this subtitle to such officers and employees of such ,secretary as the ,secretary may designate1 and may authorize successive redelegations of such functions described in section #bja as may be necessary or appropriate4 ,no delegation of such functions by the ,secretary of ,labor under this section or under any other provision of this subtitle shall relieve such ,secretary of responsibility for the administration of such functions4 #bjd4 ,reorganization2 ,rules 7a7 ,reorganization ,except where otherwise expressly prohibited by law or otherwise provided by this ,act 7or the amendments made by this ,act71 the ,secretary of ,labor is authorized to allocate or reallocate any function transferred under section #bja among the officers of the ,department of ,labor1 and to consolidate1 alter1 or discontinue such organizational entities in such ,department as may be necessary or appropriate4 7b7 ,rules ,the ,secretary of ,labor is authorized to prescribe1 in accordance with the provisions of chapters #e and #f of title #e1 ,united ,states ,code1 such rules and regulations as that the ,secretary determines necessary or appropriate to administer and manage the functions described in section #bja of the ,department of ,labor4 #bje4 ,transfer and allocation of appropriations and personnel ,except as otherwise provided in this subtitle1 the personnel employed in connection with1 and the assets1 liabilities1 contracts1 property1 records1 and unexpended balance of appropriations1 authorizations1 allocations1 and other funds employed1 held1 used1 arising from1 available to1 or to be made available in connection with the functions and offices1 or portions thereof transferred by section #bja1 subject to section #aeca of title #ca1 ,united ,states ,code1 shall be transferred to the ,secretary of ,labor4 ,unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated4 #bjf4 ,incidental transfers ,the ,director of the ,office of ,management and ,budget1 at such time or times as the ,director shall provide1 is authorized to make such determinations as may be necessary with regard to the functions transferred by section #bja1 and to make such additional incidental dispositions of personnel1 assets1 liabilities1 grants1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds held1 used1 arising from1 available to1 or to be made available in connection with such functions1 as may be necessary to carry out the provisions of this subtitle4 ,the ,director of the ,office of ,management and ,budget shall provide for the termination of the affairs of all entities terminated by this subtitle and for such further measures and dispositions as may be necessary to effectuate the purposes of this subtitle1 with respect to such functions4 #bjg4 ,savings provisions 7a7 ,continuing effect of legal documents ,all orders1 determinations1 rules1 regulations1 permits1 grants1 contracts1 certificates1 licenses1 registrations1 privileges1 and other administrative actions-- 7#a7 which have been issued1 made1 granted1 or allowed to become effective by the ,president1 any ,federal department or agency or official thereof1 or by a court of competent jurisdiction1 in the performance of functions which are transferred under this ,act to the ,secretary or the ,department1 and 7#b7 which are in effect at the time this ,act takes effect1 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with the law by the ,president1 the ,secretary of ,labor1 or other authorized official1 a court of competent jurisdiction1 or by operation of law4 7b7 ,proceedings not affected ,the provisions of this subtitle shall not affect any proceedings1 including notices of proposed rulemaking1 or any application for any license1 permit1 certificate1 or financial assistance pending on the effective date of this subtitle before the ,department of ,education with respect to functions of which are transferred by section #bja but such proceedings and applications shall be continued4 ,orders shall be issued in such proceedings1 appeals shall be taken therefrom1 and payments shall be made pursuant to such orders1 as if this subtitle had not been enacted1 and orders issued in any such proceedings shall continue in effect until modified1 terminated1 superseded1 or revoked by a duly authorized individual1 by a court of competent jurisdiction1 or by operation of law4 ,nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subtitle had not been enacted4 7c7 ,suits not affected ,except as provided in subsection 7e7 the provisions of this subtitle shall not affect suits commenced 7with respect to the functions transferred under section #bja7 prior to the effective date of this subtitle1 and in all such suits1 proceedings shall be had1 appeals taken1 and judgments rendered in the same manner and effect as if this subtitle had not been enacted4 7d7 ,nonabatement of actions ,no suit1 action1 or other proceeding commenced by or against the ,department of ,education 7with regard to functions transferred under section #bja71 or by or against any officer in the official capacity of such individual as an officer of the ,department of ,education 7with regard to functions transferred under section #bja71 shall abate by reason of the enactment of this subtitle4 7e7 ,administrative actions relating to promulgation of regulations ,any administrative action relating to the preparation or promulgation of a regulation by the ,secretary of ,education 7with regard to functions transferred under section #bja7 may be continued by the ,secretary of ,labor with the same effect as if this subtitle had not been enacted4 #bjh4 ,references ,a reference in any other ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of or relating to-- 7#a7 the ,secretary of ,education 7with regard to functions transferred under section #bja71 shall be deemed to refer to the ,secretary of ,labor2 and 7#b7 the ,department of ,education or ,office within the ,department 7with regard to functions transferred under section #bja71 shall be deemed to refer to the ,department of ,labor4 #bji4 ,transition ,the ,secretary of ,labor is authorized to utilize-- 7#a7 the services of such officers1 employees1 and other personnel of the ,department of ,education with regard to functions transferred under section #bja2 and 7#b7 funds appropriated to such functions1 for such period of time as may reasonably be needed to facilitate the orderly implementation of this subtitle4 #baj4 ,updating references 7a7 ,,wioa ,section #bjc7ae7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbgb7ae77 is amended by striking ,education and inserting ,labor4 7b7 ,department of ,education ,organization ,act 7#a7 ,principal officers ,section #bjb of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdab7 is amended-- 7,a7 in subsection 7b77#a77;,c71 by striking ,career1 ,technical1 and ,adult ,education and inserting ,career and ,technical ,education2 and 7,b7 in subsection 7h71 by striking ,career1 ,technical1 and ,adult ,education each place it appears and inserting ,career and ,technical ,education4 7#b7 ,office of ,career and ,technical ,education ,section #bjf of the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdaf7 is amended-- 7,a7 in the section header1 by striking ,career1 ,technical1 and ,adult ,education and inserting ,career and ,technical ,education2 7,b7 in the first sentence1 by striking ,career1 ,technical1 and ,adult ,education and inserting ,career and ,technical ,education2 and 7,c7 in the second sentence1 by striking career1 technical1 and adult education and inserting career and technical education4 #baa4 ,effective date ,this subtitle shall take effect on the date that is #a year after the date of enactment of this ,act4 ,b ,adult ,education and ,family ,literacy ,act #bba4 ,purposes ,section #bjb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbga7 is amended-- 7#a7 in paragraph 7#a71 by inserting 7including digital literacy skills and ,,ai literacy skills7 before necessary2 7#b7 in paragraph 7#c71 by striking secondary school diploma and inserting regular high school diploma or its recognized equivalent2 and 7#c7 in paragraph 7#d71 by striking ,english language learners and inserting ,english learners4 #bbb4 ,definitions ,section #bjc of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbgb7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking and speak and inserting listen1 speak1 and comprehend2 and 7ii7 by striking secondary and inserting regular high2 7,b7 in subparagraph 7,b71 by striking and at the end2 7,c7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,d7 by inserting after subparagraph 7,b7 the following3 7,c7 develop and use digital literacy skills2 and 2 7#b7 by redesignating paragraphs 7#c7 through 7#ad71 7#ae7 7as amended by section #baj7;a771 7#af71 and 7#ag71 as paragraphs 7#e7 through 7#af71 7#ah71 7#ai71 and 7#bj71 respectively2 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 ,,ai literacy skills ,the term ,,ai literacy skills means a foundational set of competencies1 outlined by the ,,ai literacy framework of the ,department of ,labor1 that enable individuals to use and evaluate artificial intelligence technologies responsibly1 with a primary focus on generative artificial intelligence4 7#d7 ,digital literacy skills ,the term digital literacy skills-- 7,a7 means the skills associated with using existing and emerging technologies to find1 evaluate1 organize1 create1 communicate information1 and to complete tasks2 and 7,b7 includes ,,ai literacy skills4 2 7#d7 in paragraph 7#f77;,c7 7as so redesignated7-- 7,a7 by striking clause 7i7 and inserting the following3 7i7 has foundational skill needs2 2 7,b7 in clause 7ii71 by striking secondary and inserting regular high2 and 7,c7 in clause 7iii71 by striking ,english language learner and inserting ,english learner2 7#e7 in paragraph 7#h7 7as so redesignated7-- 7,a7 in subparagraph 7,a71 by striking ,english language learners and inserting ,english learners2 and 7,b7 in subparagraph 7,b77i77,i71 by striking secondary and inserting regular high2 7#f7 in paragraph 7#i7 7as so redesignated7-- 7,a7 in the paragraph heading1 by striking language2 and 7,b7 in the matter preceding subparagraph 7,a71 by striking ,english language learner and inserting ,english learner2 7#g7 in the matter preceding subparagraph 7,a7 in paragraph 7#aa7 7as so redesignated71 by inserting and educational after the economic2 7#h7 in paragraph 7#ad7 7as so redesignated7-- 7,a7 by striking ,english language learners and inserting ,english learners2 and 7,b7 by striking and may include workforce training4 and inserting the following3 8and may-- 7,a7 include skills development1 postsecondary preparation activities1 digital literacy skills instruction1 financial literacy instruction1 and workforce training2 and 7,b7 be provided concurrently with other activities and services1 such as adult education4 2 7#i7 in paragraph 7#ae7 7as so redesignated71 by striking and speak in ,english1 compute1 and solve problems1 and inserting speak1 and comprehend in ,english1 compute1 solve problems1 and have digital literacy skills12 and 7#aj7 by inserting after paragraph 7#af7 7as so redesignated7 the following3 7#ag7 ,postsecondary preparation activities ,the term postsecondary preparation activities means academic counseling 7which may be provided by a college and career navigator7 and services designed to support enrollment and success in postsecondary education that include assisting individuals to-- 7,a7 identify postsecondary educational options that prepare individuals for unsubsidized employment2 7,b7 navigate the transition from adult education to postsecondary education2 7,c7 navigate the transition from adult education to workforce development programs and services2 7,d7 coenroll in adult education and workforce development programs1 if applicable2 7,e7 improve academic skills so that individuals are prepared to participate in postsecondary education without need for remediation2 or 7,f7 learn notetaking1 study skills1 and other skills that promote student success in postsecondary education4 4 #bbc4 ,authorization of appropriations ,section #bjf of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbge7 is amended to read as follows3 #bjf4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this title #gbi1afg1jjj for each of the fiscal years #bjbg through #bjcb4 4 #bbd4 ,special rule ,section #baa of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbia7 is amended-- 7#a7 in subsection 7d77#c71 by striking secondary and inserting regular high2 and 7#b7 in subsection 7e77#c71 by striking period described in section #c7de7 and inserting period described in subparagraph 7,b7 of the definition of outlying area in section #c4 #bbe4 ,performance accountability system ,section #bab of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbib7 is amended to read as follows3 #bab4 ,performance accountability system 7a7 ,in general ,programs and activities authorized in this title are subject to the performance accountability provisions described in section #aaf1 except that the indicator described in subsection 7b77#b77;,a77i77,,vi7 of such section shall be applied as if it were the percentage of program participants who exited the program during the program year and completed an integrated education and training program4 7b7 ,data collection ,notwithstanding section #acd7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajae;c7a771 the ,secretary is authorized to collect deidentified participant-level data for participants in programs and activities funded under this title on the information required for ,state performance reports as described in section #aaf7;d7 for the sole purpose of administering the performance accountability system under section #aaf4 4 #bbf4 ,matching requirement ,section #bbb7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #ccjb7;b77 is amended by adding at the end the following3 7#c7 ,public availability of information on matching funds ,each eligible agency shall maintain1 on a publicly accessible website of such agency and in an easily accessible format1 information documenting the non-,federal contributions made available to programs that offer adult education and literacy activities or family literacy activities pursuant to this subsection1 including-- 7,a7 the sources of such contributions1 except that in the case of private contributions1 names of the individuals or entities providing such contributions may not be disclosed2 and 7,b7 in the case of funds made available by a ,state or outlying area1 an explanation of how such funds are distributed to eligible providers4 4 #bbg4 ,state leadership activities ,section #bbc7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #ccjc7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking activities4 and inserting activities and the identification of opportunities to coordinate with activities supported under the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq47 to expand integrated education and training programs42 7,b7 in subparagraph 7,c7-- 7i7 in clause 7i71 by striking based on the most rigorous or scientifically valid research available and appropriate1 in reading1 writing1 speaking1 mathematics1 and inserting based on evidence-based practices1 in reading1 writing1 speaking1 ,english comprehension1 mathematics12 7ii7 in clause 7ii71 by striking and at the end2 7iii7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7iv7 assistance in reporting participant outcomes for the performance accountability system described in section #bab1 including facilitating partnerships with the appropriate ,state entities to conduct matches with ,state administrative data 7such as wage records7 to determine program performance on the indicators of performance described in subclauses 7,i7 through 7,,iii7 of section #aaf7;b77#b77;,a77i7 and which may include assistance in integrating with statewide longitudinal data systems1 and making data available in structured1 open1 linked1 and interoperable formats1 as appropriate4 2 7,c7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7,d7 by inserting after subparagraph 7,c7 the following3 7,d7 ,the development1 identification1 acquisition1 and dissemination 7which may be done in coordination with other ,states7 of evidence-based instructional materials 7to the extent available7 that lead to literacy1 ,english language acquisition1 a recognized postsecondary credential1 or any combination of such results2 and-- 7i7 are designed to meet the needs of adult learners1 including ,english learners1 and may be developed for integrated education and training in an in-demand industry sector or occupation within the ,state2 and 7ii7 will improve the instruction provided pursuant to the local activities required under section #bca7;b74 2 and 7#b7 in paragraph 7#b7-- 7,a7 by redesignating subparagraphs 7,e71 7,f71 7,g71 7,h71 7,i71 7,j71 7,k71 7,l71 and 7,m71 as subparagraphs 7,f71 7,g71 7,h71 7,i71 7,j71 7,k71 7,l71 7,m71 and 7,r71 respectively2 7,b7 by inserting after subparagraph 7,d7 the following3 7,e7 ,developing content and models for programs that support family literacy activities4 2 7,c7 in subparagraph 7,g7 7as so redesignated71 by inserting before the period the following3 1 including such institutions that offer an eligible program for purposes of the ,workforce ,pell ,grant program under section #dja7k7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7k771 as added by section #hcjjb7;a7 of ,public ,law #aai-ba2 7,d7 in subparagraph 7,j77i7 7as so redesignated7-- 7i7 by striking mathematics1 and ,english and inserting mathematics1 ,english2 and 7ii7 by striking acquisition2 and inserting acquisition1 and digital literacy skills22 7,e7 by striking subparagraph 7,k7 7as so redesignated7 and inserting the following3 7,k7 ,developing and piloting of strategies for improving adult educator recruitment1 quality1 and retention1 such as-- 7i7 the provision of professional development2 7ii7 the development and maintenance of policies for awarding recognized postsecondary credentials to adult educators who demonstrate effectiveness at improving the achievement of adult students2 and 7iii7 the development and piloting of work-based learning programs 7including apprenticeship programs7 for adult educators4 2 7,f7 in subparagraph 7,l7 7as so redesignated71 by striking ,english language learners and inserting ,english learners2 7,g7 in subparagraph 7,m7 7as so redesignated71 by inserting 1 which may include through partnerships with local educational agencies or public agencies to recruit eligible individuals after employers2 and 7,h7 by inserting after subparagraph 7,m7 7as so redesignated7 the following3 7,n7 ,performance incentive payments to eligible providers1 including incentive payments linked to increased use of integrated education and training or other forms of instruction linking adult education with the development of occupational skills for an in-demand industry sector or occupation in the ,state4 7,o7 ,strengthening the quality and effectiveness of adult education and programs that support family literacy activities in the ,state through support for program quality standards and accreditation requirements4 7,p7 ,raising public awareness 7including through public service announcements1 such as social media campaigns7 about career and technical education programs and community-based organizations1 and other endeavors focused on programs that prepare individuals for in-demand industry sectors or occupations4 7,q7 ,postsecondary preparation activities4 4 #bbh4 ,programs for corrections education and other institutionalized individuals ,section #bbe of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #ccje7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,from funds and inserting the following3 7#a7 ,in general ,from funds 2 and 7,b7 by adding at the end the following3 7#b7 ,priority ,an eligible agency granting awards from funds authorized under paragraph 7#a7 shall give priority to an eligible entity that proposes to operate an educational program in a correctional institution that is also served by a program authorized under section #agb4 2 7#b7 in subsection 7b77#c71 by striking secondary school credit and inserting attainment of a regular high school diploma or its recognized equivalent2 7#c7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 7#d7 by inserting after subsection 7c7 the following3 7d7 ,coordination ,each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall-- 7#a7 coordinate such educational programs with career and technical education activities provided to individuals in ,state institutions from funds reserved under section #aab7;a77#b77;,a7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcbb7;a77#b77;,a772 7#b7 identify opportunities to develop integrated education and training opportunities for such individuals2 7#c7 coordinate with institutions of higher education operating a prison education program in the ,state2 and 7#d7 if the correctional institution is also served by a program authorized under section #agb1 provide a description of how the award funds under this section will be used to carry out the activities described in section #agb1 in conjunction with the activities described in subsection 7b74 2 and 7#e7 in subsection 7f7 7as so redesignated71 by adding at the end the following3 7#c7 ,prison education program ,the term prison education program has the meaning given the term in section #dhd of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia74 4 #bbi4 ,grants and contracts for eligible providers ,section #bca of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #ccba7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,from grant funds and inserting the following3 7#a7 ,in general ,from grant funds 2 and 7,b7 by adding at the end the following3 7#b7 ,prompt availability of funds ,each eligible agency shall ensure that funds are available for reimbursement to an eligible provider that is awarded a multiyear grant or contract under paragraph 7#a7 not later than #de days after the date on which the multiyear grant or contract is awarded4 2 7#b7 in subsection 7d71 by striking section #bjc7d7 and inserting section #bjc7f72 7#c7 in subsection 7e7-- 7,a7 in paragraph 7#a77;,b77ii71 by striking ,english language learners and inserting ,english learners2 7,b7 in paragraph 7#e7-- 7i7 in subparagraph 7,a71 by striking and at the end2 7ii7 in subparagraph 7,b71 by adding and at the end2 and 7iii7 by adding at the end the following3 7,c7 uses instructional materials that are designed to meet the needs of adult learners and ,english learners and are evidence-based 7to the extent practicable71 which may include1 but shall not be required to include1 the instructional materials disseminated by the ,state under section #bbc7;a77#a77;,d72 2 7,c7 in paragraph 7#f71 by striking speaking1 mathematics1 and ,english and inserting speaking and listening1 mathematics1 comprehension1 and ,english2 and 7,a7 in paragraph 7#aj71 by inserting local educational agencies1 after strong links with2 and 7#d7 by adding at the end the following3 7f7 ,cost analysis ,in determining the amount of funds to be awarded in grants or contracts under this section1 the eligible agency may consider the costs of providing learning in context1 including integrated education and training and workplace adult education and literacy activities1 and the extent to which the eligible provider intends to serve individuals using such activities1 in order to align the amount of funds awarded with such costs4 4 #bcj4 ,local application ,section #bcb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #ccbb7 is amended-- 7#a7 in paragraph 7#d71 by inserting and coordinate with the appropriate ,state entity after data2 7#b7 in paragraph 7#f71 by striking 2 and and inserting 1 such as how the eligible provider may provide adult education and literacy activities in a manner that is integrated with postsecondary preparation activities to enable students to prepare for opportunities to attain a recognized postsecondary credential1 including opportunities to earn recognized postsecondary credentials that are stackable along a career pathway within an in-demand industry sector or occupation2 7#c7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7#d7 by inserting after paragraph 7#f7 the following3 7#g7 a description of how the eligible provider will provide learning in context1 including through partnerships with employers to offer workplace adult education and literacy activities and integrated education and training2 and 4 #bca4 ,local administrative cost limits ,section #bcc7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #ccbc7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking #ie and inserting #he2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 the remaining amount-- 7,a7 not to exceed #aj percent1 may be used for professional development for adult educators 7which may include apprenticeship programs for adult educators72 and 7,b7 not to exceed #e percent1 shall be used for planning1 administration 7including carrying out the requirements of section #aaf71 professional development of administrative staff1 and the activities described in paragraphs 7#c7 and 7#e7 of section #bcb4 4 #bcb4 ,national leadership activities ,section #bdb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cccb7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking #aaf2 and inserting #aaf1 including the dissemination of effective practices used by ,states to use statewide longitudinal data systems or other sources of administrative data to determine program performance and reduce the data collection and reporting burden on eligible providers22 and 7,b7 in paragraph 7#c71 by striking 1 including the ,institute of ,education ,sciences2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b71 by striking ,english language learners and inserting ,english learners2 and 7ii7 in subparagraph 7,c71 by inserting skills after digital literacy2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,c7-- 7,i7 in clause 7i71 by striking rigorous research and inserting evidence-based practices2 and 7,,ii7 in clause 7vii7-- 7aa7 in subclause 7,i71 by striking adults with and all that follows through the semicolon and inserting adults with disabilities1 including adults with learning disabilities1 and with adults who are ,english learners22 7bb7 in subclause 7,,iii71 by striking and after the semicolon2 7cc7 in subclause 7,,iv71 by inserting and after the semicolon2 and 7dd7 by adding at the end the following3 7,v7 programs that offer family literacy activities2 2 7ii7 in subparagraph 7,f71 by striking and after the semicolon2 7iii7 by redesignating subparagraph 7,g7 as subparagraph 7,j72 and 7iv7 by inserting after subparagraph 7,f7 the following3 7,g7 developing and rigorously evaluating programs for the preparation of effective adult educators and disseminating the results of such evaluations2 7,h7 carrying out initiatives to support the effectiveness and impact of adult education1 that ,states may adopt on a voluntary basis1 through-- 7i7 the development and dissemination of staffing models1 which may include full-time staffing models1 that prioritize demonstrated effectiveness and continuous improvement in supporting the learning of adult students2 and 7ii7 the evaluation and improvement of program quality standards and accreditation requirements2 7,i7 providing technical assistance to eligible agencies regarding effective professional development for programs that offer adult education and literacy activities or family literacy activities2 and 4 #bcc4 ,integrated ,english literacy and civics education 7a7 ,in general ,section #bdc7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cccc7;a77 is amended-- 7#a7 by striking ,from funds and inserting the following3 7#a7 ,each fiscal year ,subject to paragraph 7#b71 from funds 2 and 7#b7 by adding at the end the following3 7#b7 ,certain fiscal years ,with respect to fiscal year #bjbg or a succeeding fiscal year1 if amounts made available under section #baa7;a77#b7 for such a fiscal year exceed1 by at least #a percent1 grant amounts awarded to ,states under this section for fiscal year #bjbf1 the ,secretary shall1 from amounts made available under section #baa7;a77#b7 for such fiscal year after fiscal year #bjbf-- 7,a7 reserve #a percent of the amounts to award grants to outlying areas1 in the manner determined appropriate by the ,secretary of ,labor for such outlying areas to carry out the activities described in paragraph 7#a72 and 7,b7 use the amounts remaining after such reservation to award grants to ,states under this section4 4 7b7 ,allotment ,section #bdc7;b77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cccc7;b77#a7 is amended by amending the matter preceding subparagraph 7,a7 as follows3 ,subject to paragraph 7#b71 from amounts made available under section #baa7;a77#b7 for a fiscal year1 and after reserving amounts in accordance with subsection 7a77#b71 if appropriate for such fiscal year1 the ,secretary shall allocate-- 7c7 ,english learners ,section #bdc7;c77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cccc7;c77#a77 is amended by striking ,english language learners and inserting ,english learners4 ,,iii ,amendments to other laws #cja4 ,amendments to the ,wagner-,peyser ,act 7a7 ,definitions ,section #b7e7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;a7#e77 is amended by inserting the ,commonwealth of the ,northern ,mariana ,islands1 ,american ,samoa1 after ,guam14 7b7 ,unemployment compensation law requirement ,section #e7;b77#a7 of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;d7b77#a77 is amended by inserting the ,commonwealth of the ,northern ,mariana ,islands1 or ,american ,samoa1 after ,guam14 7c7 ,allotments ,section #f of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;e7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking except for ,guam and inserting except for ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,american ,samoa2 7,b7 by striking first allot to ,guam and the ,virgin ,islands and inserting the following3 first allot-- 7#a7 to ,guam and the ,virgin ,islands 2 7,c7 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#b7 beginning with the first fiscal year for which the total amount available for allotments under this section is greater than the total amount available for allotments under this section for fiscal year #bjbd1 and for each succeeding fiscal year1 to each of the ,commonwealth of the ,northern ,mariana ,islands and ,american ,samoa1 an amount which is equal to one-half of the amount allotted to ,guam under paragraph 7#a7 for the corresponding fiscal year4 2 and 7#b7 in subsection 7b77#a71 in the matter following subparagraph 7,b71 by inserting 1 the ,commonwealth of the ,northern ,mariana ,islands1 ,american ,samoa1 after ,guam4 7d7 ,use of funds ,section #g of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #di;f7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking and referral to employers and inserting referral to employers1 and the services described in section #acd7;c77#b77;,a77ii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#b77;,a77ii77 when provided by the employment service office colocated with the one-stop delivery system2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,f71 by striking the and at the end2 7ii7 by moving subparagraph 7,g7 for ems to the right2 7iii7 in subparagraph 7,g71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,h7 establishing a talent marketplace 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb774 2 and 7#b7 in subsection 7e71 by inserting before the period at the end the following3 and in accordance with the requirements of section #acd7;c77#b77;,a77i77,i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#b77;,a77i77,i774 7e7 ,workforce and labor market information system ,section #ae of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,a7-- 7i7 in the matter preceding clause 7i71 by striking timely manner and inserting manner that is as close to real-time as practicable2 7ii7 in clause 7i71 by striking part-time1 and seasonal workers and inserting part-time1 contingent1 and seasonal workers1 and workers engaged in alternative employment arrangements2 7iii7 by redesignating clauses 7iii7 and 7iv7 as clauses 7iv7 and 7v71 respectively2 and 7iv7 by inserting after clause 7ii71 the following3 7iii7 real-time trends in new and emerging occupational roles1 and in new and emerging skills by occupation and industry1 with particular attention paid to ,state and local conditions2 2 7,b7 in subparagraph 7,b77i71 by inserting 7including1 to the extent practicable1 real-time7 after current2 and 7,c7 in subparagraph 7,g71 by striking user-friendly manner and and inserting manner that makes the data1 information1 and analysis available on-demand and is user-friendly12 7#b7 in subsection 7b77#b77;,f7-- 7,a7 in clause 7i71 by striking 2 and and inserting 7including1 to the extent practicable1 provided in real-time722 7,b7 by redesignating clause 7ii7 as clause 7iii72 and 7,c7 by inserting after clause 7i71 as so amended1 the following3 7ii7 the capabilities of digital technology and modern data collection approaches are effectively utilized2 and 2 7#c7 in subsection 7e77#b77;,h71 by striking section #aaf7;i77#b7 of the ,workforce ,innovation and ,opportunity ,act and inserting section #aaf7;j77#b7 of the ,workforce ,innovation and ,opportunity ,act2 and 7#d7 by amending subsection 7g7 to read as follows3 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #eb1hib1jjj for each of the fiscal years #bjbg through #bjcb4 4 #cjb4 ,job training grants ,section #dad7;c7 of the ,american ,competitiveness and ,workforce ,improvement ,act of #aiih 7#bi ,u4,s4,c4 #cbbd;a7 is amended to read as follows3 7c7 ,job training grants 7#a7 ,allotment 7,a7 ,in general ,of the funds available under section #bhf7s77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7s77#b771 the ,secretary of ,labor shall1 for each fiscal year-- 7i7 return permanently #ab percent of such amounts in each fiscal year to the general fund of the ,treasury2 7ii7 use #fe1jjj1jjj of such funds to carry out the program established under section #agc of the ,workforce ,innovation and ,opportunity ,act2 and 7iii7 using the funds remaining after carrying out clauses 7i7 and 7ii71 make allotments to each ,state that receives an allotment under section #acb7;b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagb7;b77 for the purpose of providing training services through individual training accounts for eligible dislocated workers as described in paragraph 7#b77;,a74 7,b7 ,reservation2 ,allotment among states 7i7 ,reservation ,from the amount made available under subparagraph 7,a77iii7 for a fiscal year1 the ,secretary shall reserve not more than #a_/d of #a percent of such amount to provide assistance to the outlying areas for the purpose described in paragraph 7#b77;,a74 7ii7 ,allotment among ,states ,subject to clause 7iii7 of this subparagraph1 the ,secretary shall use the remainder of the amount made available under subparagraph 7,a77iii7 7in this subparagraph referred to as the remainder amount7 for a fiscal year to make allotments to ,states described in subparagraph 7,a77iii7 on the following basis3 7,i7 #cc and #a_/c percent shall be allotted on the basis of the relative number of unemployed individuals in each such ,state1 compared to the total number of unemployed individuals in all such ,states4 7,,ii7 #cc and #a_/c percent shall be allotted on the basis of the relative number of disadvantaged adults in each such ,state1 compared to the total number of disadvantaged adults in all such ,states4 7,,iii7 #cc and #a_/c percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each such ,state1 compared to the total number in the civilian labor force in all such ,states4 7iii7 ,small ,state minimum ,the ,secretary shall ensure that no ,state shall receive an allotment under this subparagraph for a fiscal year that is less than-- 7,i7 in the case of a fiscal year for which the remainder amount is not more than #ahj1jjj1jjj1 #c_/aj of #a percent of such remainder amount2 and 7,,ii7 in the case of a fiscal year for which the remainder amount exceeds #ahj1jjj1jjj1 the total of-- 7aa7 #c_/aj of #a percent of #ahj1jjj1jjj2 and 7bb7 #b_/e of #a percent of such excess amount4 7iv7 ,disadvantaged adult defined ,for purposes of this subparagraph and subparagraph 7,c71 the term disadvantaged adult has the meaning given such term in section #acb7;b77#a77;,b77v77,,iv7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagb7;b77#a77;,b77v77,,iv774 7v7 ,reallotment 7,i7 ,in general ,the ,secretary of ,labor shall1 in accordance with this clause1 reallot to eligible ,states amounts that are made available to ,states from allotments made under this subparagraph 7referred to individually in this subsection as a ,state allotment7 and that are available for reallotment4 7,,ii7 ,amount ,the amount available for reallotment for a program year is equal to the amount by which the unobligated balance of the ,state allotment1 at the end of the program year prior to the program year for which the determination under this subclause is made1 exceeds #bj percent of such allotment for the prior program year4 7,,iii7 ,reallotment ,in making reallotments to eligible ,states of amounts available pursuant to subclause 7,,ii7 for a program year1 the ,secretary shall allot to each eligible ,state an amount based on the relative amount of the ,state allotment for the program year for which the determination is made1 as compared to the total amount of the ,state allotments for all eligible ,states for such program year4 7,,iv7 ,eligibility ,for purposes of this subsection1 an eligible ,state means a ,state that does not have an amount available for reallotment under subclause 7,,ii7 for the program year for which the determination under subclause 7,,ii7 is made4 7,c7 ,within state allocations 7i7 ,in general ,the ,governor shall allocate the funds allotted to the ,state under subparagraph 7,b7 for a fiscal year to the local areas in the ,state on the following basis3 7,i7 #cc and #a_/c percent of the funds on the basis described in subparagraph 7,b77ii77,i74 7,,ii7 #cc and #a_/c percent of the funds on the basis described in subparagraph 7,b77ii77,,ii74 7,,iii7 #cc and #a_/c percent of the funds on the basis described in subparagraph 7,b77ii77,,iii74 7ii7 ,application ,for purposes of carrying out clause 7i7-- 7,i7 references in subparagraph 7,b77ii7 to a ,state shall be deemed to be references to a local area2 and 7,,ii7 references in subparagraph 7,b77ii7 to all ,states shall be deemed to be references to all local areas in the ,state involved4 7iii7 ,reallocation among local areas 7,i7 ,in general ,the ,governor may1 in accordance with this clause and after consultation with the ,state board1 reallocate to eligible local areas within the ,state amounts that are made available to local areas from allocations made under this subparagraph 7referred to individually in this subsection as a local allocation7 and that are available for reallocation4 7,,ii7 ,amount ,the amount available for reallocation for a program year is equal to the amount by which the unobligated balance of the local allocation1 at the end of the program year prior to the program year for which the determination under this subclause is made1 exceeds #bj percent of such allocation for the prior program year4 7,,iii7 ,reallocation ,in making reallocations to eligible local areas of amounts available pursuant to subclause 7,,ii7 for a program year1 the ,governor shall allocate to each eligible local area within the ,state an amount based on the relative amount of the local allocation for the program year for which the determination is made1 as compared to the total amount of the local allocations for all eligible local areas in the ,state for such program year4 7,,iv7 ,eligibility ,for purposes of this subsection1 an eligible local area means a local area that does not have an amount available for reallotment under subclause 7,,ii7 for the program year for which the determination under subclause 7,,ii7 is made4 7#b7 ,use of funds 7,a7 ,in general ,funds allocated pursuant to paragraph 7#a7 to a local area shall be used to pay1 through the use of an individual training account in accordance with section #acd7;c77#c77;,f77iii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#c77;,f77iii771 an eligible provider of training services from the list of eligible providers of training services described in section #abb7;d7 of such ,act 7#bi ,u4,s4,c4 #caeb7;d77 for training services provided to eligible dislocated workers in the local area4 7,b7 ,requirements for local areas ,as a condition of receipt of funds under paragraph 7#a71 a local area shall agree to each of the following3 7i7 ,required notice to workers ,prior to an eligible dislocated worker selecting a program of training services from the list of eligible providers of training services under section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;d771 the local area shall inform such dislocated worker of any opportunities the dislocated worker may have to participate in on-the-job training or employer-directed skills development funded through such local area4 7ii7 ,amounts available ,except as provided in clause 7iv77,,ii71 a local area-- 7,i7 may not limit the maximum amount available for an individual training account for an eligible dislocated worker under subparagraph 7,a7 to an amount that is less than #e1jjj2 and 7,,ii7 may not pay an amount1 through the use of an individual training account under subparagraph 7,a71 for training services provided to an eligible dislocated worker that exceeds the costs of such services4 7iii7 ,,wioa funds ,a local area may not use funds made available to the local area for a fiscal year pursuant to section #acd7;c77#a77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#a77;,b77 to make payments under subparagraph 7,a7 until the funds allocated to the local area pursuant to paragraph 7#a7 of this subsection for such fiscal year have been exhausted4 7iv7 ,exhaustion of allocations ,upon the exhaustion of the funds allocated to the local area pursuant to paragraph 7#a7 of this subsection1 for the purpose of paying1 through the use of individual training accounts under subparagraph 7,a71 the costs of training services for eligible dislocated workers in the local area seeking such services1 the local area-- 7,i7 shall use any funds made available to the local area pursuant to section #acd7;c77#a77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#a77;,b77 to pay for such costs under subparagraph 7,a7 7other than any costs that exceed the limit set by the local area pursuant to clause 7ii7 or subclause 7,,ii772 and 7,,ii7 for any eligible dislocated worker who is not a low-income individual1 may limit the maximum amount available for the individual training account under subparagraph 7,a7 for such worker to an amount that is less than #e1jjj4 7#c7 ,eligible dislocated worker ,a dislocated worker shall be an eligible dislocated worker for purposes of this subsection if the dislocated worker-- 7,a7 meets the requirements under section #acd7;c77#c77;,a77i7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#c77;,a77i77 to be eligible for training services2 and 7,b7 has not received training services through an individual training account under this subsection or under section #acd7;c77#c77;,f77iii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#c77;,f77iii77 during the preceding #e-year period or1 if such a worker has received such training services during such period1 the worker has been granted an exception by the local area due to an exceptional circumstance1 as determined by the local area4 7#d7 ,excess demand ,upon the exhaustion of the funds allocated to a local area pursuant to paragraph 7#a7 of this subsection and any funds that may be available to such local area pursuant to section #acd7;c77#a77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#a77;,b77 for the purpose described in paragraph 7#b77;,a7 of this subsection1 the local area-- 7,a7 may request additional funds for such purpose from the ,governor under section #acd7;a77#b77;,a77i77,,iii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;a77#b77;,a77i77,,iii772 and 7,b7 shall not be required to pay for training services or establish an individual training account for an eligible dislocated worker4 7#e7 ,definitions ,except as otherwise specified1 a term used in this subsection shall have the meaning given such term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#f7 ,rule of construction ,nothing in this subsection shall be construed to provide an individual with an entitlement to a service under this subsection or under title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa et seq47 or to mandate a ,state or local area to provide a service if ,federal funds are not available for such service4 4 #cjc4 ,access to ,national ,directory of ,new ,hires ,section #dec7;j77#h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fec7;j77#h77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by inserting or conducting the reporting and evaluation activities required under section #aaf of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7 after ,state law2 and 7,b7 by striking such program and inserting such programs 2 and 7#b7 in subparagraph 7,c77i71 by striking purposes of administering a program referred to and inserting the purposes specified4 #cjd4 ,references to other laws 7a7 ,references to provisions of the ,workforce ,innovation and ,opportunity ,act 7#a7 ,section #hjda7;g77#b77;,c7 of the ,,support for ,patients and ,communities ,act 7#bi ,u4,s4,c4 #cbbe;a7g77#b77;,c77 is amended by striking section #agb7;f7 of such ,act 7#bi ,u4,s4,c4 #cbbg7;f77 and inserting section #age7;h7 of such ,act 7#bi ,u4,s4,c4 #cbbg7;h774 7#b7 ,section #fjcjb7bc7 of the ,digital ,equity ,act of #bjba 7#dg ,u4,s4,c4 #agba7bc77 is amended by striking section #c7ff7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7ff77 and inserting section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7b7 ,related provisions 7#a7 ,section #bhf7s77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7s77#b77 is amended by striking demonstration programs and projects and inserting the programs1 activities1 and uses4 7#b7 ,section #aaed of title #aj1 ,united ,states ,code1 is amended-- 7,a7 in paragraphs 7#b77;,c7 and 7#c77;,d7 of subsection 7a71 by striking ,job ,corps center as defined and inserting ,job ,corps campus as described2 7,b7 in subsection 7d77#d77;,a77ii71 by striking ,job ,corps centers and inserting ,job ,corps campuses2 and 7,c7 in subsection 7e77#b77;,e71 by striking ,job ,corps center and inserting ,job ,corps campus4 ,,iv ,department of ,labor technical assistance #dja4 ,technical assistance for transforming to competitive integrated employment 7a7 ,in general ,from the amounts appropriated under subsection 7c71 the ,secretary 7acting through the ,office of ,disability ,employment ,policy in partnership with the ,employment and ,training ,administration71 in partnership with the ,administration for ,community ,living of the ,department of ,health and ,human ,services and the ,office of ,special ,education and ,rehabilitative ,services of the ,department of ,education1 shall establish a ,center for ,technical ,assistance for ,transforming to ,competitive ,integrated ,employment to-- 7#a7 provide technical assistance to employers who are transitioning from employing individuals with disabilities using special certificates on such transition1 which shall include technical assistance on providing services that result in competitive integrated employment2 7#b7 provide technical assistance to ,state agencies seeking to support such employers described in paragraph 7#a7 on such transition described in paragraph 7#a7 on coordination and alignment of services and funding in support of such transition1 including technical assistance on how such services and funding can result in competitive integrated employment2 7#c7 in providing the technical assistance describing in paragraphs 7#a7 and 7#b71 coordinate such technical assistance with education materials and opportunities made available through existing technical assistance provided by-- 7,a7 the ,office of ,disability ,employment ,policy2 7,b7 the ,employment and ,training ,administration2 7,c7 the ,administration for ,community ,living of the ,department of ,health and ,human ,services2 and 7,d7 the ,office of ,special ,education and ,rehabilitative ,services of the ,department of ,education2 and 7#d7 in providing the technical assistance described in paragraphs 7#a7 and 7#b71 make use of technical assistance that is in existence on the date of enactment of this ,act1 including the ,,cie ,transformation ,hub1 the ,advancing ,state ,policy ,integration for ,recovery and ,employment ,initiative1 and the ,national ,expansion of ,employment ,opportunities ,network4 7b7 ,definitions ,in this section3 7#a7 ,competitive integrated employment ,the term competitive integrated employment has the meaning given the term in section #g7e7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gje7e774 7#b7 ,disability ,the term disability includes any intellectual1 developmental1 mental health1 or other disability4 7#c7 ,individuals with disabilities ,the term individuals with disabilities means individuals described in section #ad7;c77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c77#a774 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#e7 ,special certificate ,the term special certificate means a special certificate issued under section #ad7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bad7;c774 7#f7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and the territory of ,guam4 ,v ,general provisions #eja4 ,report on data capability and interoperability of ,federal and ,state databases and data exchange agreements ,the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq47 is amended by striking section #eje and inserting the following3 #eje4 ,report on data capability and interoperability of ,federal and ,state databases and data exchange agreements 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall prepare and submit an interim report and a final report to ,congress regarding existing ,federal and ,state databases and data exchange agreements1 as of the date of the report1 and the interoperability of data in such databases and agreements1 that contain job training information relevant to the administration of programs authorized under this ,act 7as amended by the ,a ,stronger ,workforce for ,america ,act of #bjbf7 and the amendments made by this ,act 7as so amended74 7b7 ,requirements ,the report required under subsection 7a7 shall-- 7#a7 list existing ,federal and ,state databases and data exchange agreements described in subsection 7a7 and1 for each1 describe-- 7,a7 the purposes of the database or agreement2 7,b7 the data elements1 such as wage and employment outcomes1 contained in the database or accessible under the agreement2 7,c7 the data elements described in subparagraph 7,b7 that are shared between ,states2 7,d7 the ,federal and ,state workforce training programs from which each ,federal and ,state database derives the data elements described in subparagraph 7,b72 7,e7 the number and type of common data elements across such databases and data exchange agreements2 7,f7 the number and type of ,federal and ,state agencies having access to such data2 7,g7 the number and type of private research organizations having access to1 through grants1 contracts1 or other agreements1 such data2 7,h7 whether the database or data exchange agreement provides for opt-out procedures for individuals whose data is shared through the database or data exchange agreement2 and 7,i7 the volume of data being shared and applied to improve performance accountability and effectiveness of programs under this ,act2 7#b7 study the effects that access by ,state workforce agencies and the ,secretary of ,labor to the databases and data exchange agreements described in subsection 7a7 would have on efforts to carry out this ,act and the amendments made by this ,act1 and on individual privacy2 7#c7 explore opportunities to enhance-- 7,a7 the quality1 reliability1 timeliness1 and reporting frequency of the data included in such databases and data exchange agreements2 and 7,b7 the commonality and interoperability of data elements included in such databases and data exchange agreements2 7#d7 describe1 for each database or data exchange agreement considered by the study described in subsection 7a71 the number of individuals whose data is contained in each database or accessible through the data agreement1 and the specific data elements contained in each that could be used to personally identify an individual2 7#e7 include the number of data breaches having occurred since #bjad to data systems administered by ,federal and ,state agencies2 7#f7 include the number of data breaches regarding any type of personal data having occurred since #bjad to private research organizations with whom ,federal and ,state agencies contract for studies2 7#g7 include a survey of the security protocols used for protecting personal data1 including best practices shared amongst ,states for access to1 and administration of1 data elements stored and recommendations for improving security protocols for the safe warehousing of data elements2 7#h7 include an evaluation of the ,state wage interchange system developed by the ,department of ,labor and report on the effectiveness of the system in facilitating data exchange between ,state agencies for the purpose of assessing and reporting on ,state and local performance for the programs authorized under this ,act2 7#i7 include an assessment of the feasibility1 costs1 and potential impacts of establishing federally-designated1 transparent1 interoperable1 and nonproprietary data exchange standards using human readable and machine actionable data formats for necessary categories of information that a ,state agency operating a program under this ,act may receive through each database or data exchange agreement described in subsection 7a72 7#aj7 include a survey of-- 7,a7 customer service and outcome management systems utilized by ,states for programs under each title of this ,act2 7,b7 the level of interoperability 7if any7 of such systems2 7,c7 whether any ,state has successfully connected such a system serving a program under a title of this ,act with such a system serving a program under another title of this ,act2 and 7,d7 the benefits achieved through any such connection2 and 7#aa7 describe the most significant developments and advancements pertaining to ,federal and ,state databases and data exchange agreements described in subsection 7a7 since the final report was submitted by the ,comptroller ,general to ,congress under this section1 as in effect on the day before the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf4 7c7 ,timing of reports 7#a7 ,interim report ,not later than #ah months after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 the ,comptroller ,general shall prepare and submit to ,congress an interim report regarding the initial findings of the report required under this section4 7#b7 ,final report ,not later than #b years after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 the ,comptroller ,general shall prepare and submit to ,congress the final report required under this section4 4 #ejb4 ,effective dates2 transition authority 7a7 ,effective dates 7#a7 ,in general ,this ,act1 and the amendments made by this ,act1 shall take effect on the first day of the first full program year after the date of enactment of this ,act1 except as otherwise provided in this ,act4 7#b7 ,performance accountability system ,the amendments made to section #aaf of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cada7 by this ,act shall take effect on the first day of the second full program year after the date of enactment of this ,act1 except that-- 7,a7 the amendments to clauses 7iii7 through 7v7 of subsection 7b77#c77;,a7 of that section #aaf shall take effect on ,january #a1 #bjbg2 and 7,b7 the amendment to paragraph 7#a7 of subsection 7d7 of that section #aaf1 the amendments to subsections 7i7 and 7j7 of that section #aaf that are made by section #aai7;g7 of this ,act1 and the amendment to subsection 7k7 of that section #aaf1 shall take effect on the day that is #a year after the date of enactment of this ,act4 7#c7 ,one-stop delivery system ,the amendments made to section #aba of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea7 by this ,act shall take effect on the first day of the second full program year after the date of enactment of this ,act4 7#d7 ,youth workforce investment activities ,the amendments made to section #abi of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cafd7 by this ,act shall take effect on the first day of the second full program year after the date of enactment of this ,act4 7#e7 ,adult and dislocated worker activities ,the amendments made to section #acd of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7 by this ,act shall take effect on the first day of the second full program year after the date of enactment of this ,act4 7#f7 ,job ,corps management information requirements ,the amendments made to section #aei of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cbji7 by this ,act shall take effect on the first day of the second full program year after the date of enactment of this ,act4 7b7 ,transition authority 7#a7 ,in general ,pursuant to section #ejc7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #ccdc7;a771 the ,secretary of ,labor shall1 effective on the date of enactment of this ,act1 have the authority to take such steps as are necessary to provide for the orderly implementation of the amendments to the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq47 by this ,act1 including addressing cross references to provisions specified in subparagraphs 7,a7 and 7,b7 of subsection 7a77#b74 7#b7 ,termination ,the authority described in paragraph 7#a7 shall terminate on the first day of the second full program year after the date of enactment of this ,act4 7c7 ,transition period for implementation 7#a7 ,eligible providers of training services ,each ,governor and local board shall implement the requirements of section #abb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb71 as amended by this ,act1 not later than the first day of the second full program year after the date of enactment of this ,act4 ,in order to facilitate early implementation of that section #abb1 the ,governor may establish transition procedures under which eligible providers of training services under chapter #a of subtitle ,b of title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea et seq471 as such chapter was in effect on the day before the date of enactment of this ,act1 may continue to be eligible to provide such services until ,december #ca1 #bjbg1 or until such earlier date as the ,governor determines to be appropriate4 7#b7 ,state plans and local plans 7,a7 ,modification of plans ,not later than the first day of the second full program year after the date of enactment of this ,act-- 7i7 each ,governor of a ,state shall submit to the ,secretary of ,labor any modifications to the ,state plan in effect for such ,state that are necessary for the ,state plan to comply with the amendments made by this ,act to section #ajb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caab72 and 7ii7 each local board shall submit to the ,governor of a ,state any modifications to the local plan in effect for the local area served by the local board that are necessary for the local plan to comply with the amendments made by this ,act to section #ajh of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cabc74 7,b7 ,new plans ,not later than the first day of the fourth full program year after the date of enactment of this ,act-- 7i7 each ,governor of a ,state shall submit to the ,secretary of ,labor a new ,state plan for such ,state that complies with the requirements of section #ajb of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caab71 as amended by this ,act2 and 7ii7 each local board shall submit to the ,governor of a ,state a new local plan for the local area served by the local board that complies with the requirements of section #ajh of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cabc71 as amended by this ,act4 7#c7 ,definitions ,in this subsection1 the terms local board1 local plan1 ,state1 ,state plan1 and training services have the meanings given the terms in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7d7 ,conforming amendments 7#a7 ,repeal ,subsections 7a7 through 7e7 of section #ejc of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #ccdc7 are repealed4 7#b7 ,regulations ,section #ejc of such ,act is amended-- 7,a7 by redesignating subsections 7f7 and 7g7 as subsections 7a7 and 7b71 respectively2 7,b7 by amending subsection 7a71 as so redesignated1 to read as follows3 7a7 ,regulations 7#a7 ,proposed regulations ,not later than #ahj days after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 the ,secretary shall develop and publish in the ,federal ,register proposed regulations relating to the transition to1 and implementation of1 the ,a ,stronger ,workforce for ,america ,act of #bjbf1 including the amendments to this ,act made by the ,a ,stronger ,workforce for ,america ,act of #bjbf4 7#b7 ,final regulations ,not later than #ab months after the date of enactment of the ,a ,stronger ,workforce for ,america ,act of #bjbf1 the ,secretary shall develop and publish in the ,federal ,register final regulations relating to the transition to1 and implementation of1 the ,a ,stronger ,workforce for ,america ,act of #bjbf1 including the amendments to this ,act made by the ,a ,stronger ,workforce for ,america ,act of #bjbf4 2 and 7,c7 in subsection 7b71 as so redesignated1 by striking subsection 7f7 and inserting subsection 7a74 7#c7 ,effective date ,the amendments made by this subsection shall take effect on the date of enactment of this ,act4