[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6655 Referred in Senate (RFS)]
<DOC>
118th CONGRESS
2d Session
H. R. 6655
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 10, 2024
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
AN ACT
To amend and reauthorize the Workforce Innovation and Opportunity Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``A Stronger
Workforce for America Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Effective date; transition authority.
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--General Provisions
Sec. 101. Definitions.
Sec. 102. Table of contents amendments.
Subtitle B--System Alignment
Chapter 1--State Provisions
Sec. 111. State workforce development board.
Sec. 112. Unified State plan.
Chapter 2--Local Provisions
Sec. 115. Workforce development areas.
Sec. 116. Local workforce development boards.
Sec. 117. Local plan.
Chapter 3--Performance Accountability
Sec. 119. Performance accountability system.
Subtitle C--Workforce Investment Activities and Providers
Chapter 1--Workforce Investment Activities and Providers
Sec. 121. Establishment of one-stop delivery systems.
Sec. 122. Identification of eligible providers and programs of training
services.
Chapter 2--Youth Workforce Investment Activities
Sec. 131. Reservations; Reallocation.
Sec. 132. Use of funds for youth workforce investment activities.
Chapter 3--Adult and Dislocated Worker Employment and Training
Activities
Sec. 141. State allotments.
Sec. 142. Reservations for State activities; within State allocations;
Reallocation.
Sec. 143. Use of funds for employment and training activities.
Chapter 4--Authorization of Appropriations
Sec. 145. Authorization of appropriations.
Subtitle D--Job Corps
Sec. 151. Purposes.
Sec. 152. Definitions.
Sec. 153. Individuals eligible for the Job Corps.
Sec. 154. Recruitment, screening, selection, and assignment of
enrollees.
Sec. 155. Job Corps Campuses.
Sec. 156. Program activities.
Sec. 157. Support.
Sec. 158. Operations.
Sec. 159. Standards of conduct.
Sec. 160. Community participation.
Sec. 161. Workforce councils.
Sec. 162. Advisory committees.
Sec. 163. Experimental projects and technical assistance.
Sec. 164. Special provisions.
Sec. 165. Management information.
Sec. 166. Job Corps oversight and reporting.
Sec. 167. Authorization of appropriations.
Subtitle E--National Programs
Sec. 171. Native American programs.
Sec. 172. Migrant and seasonal farmworker programs.
Sec. 173. Technical assistance.
Sec. 174. Evaluations and research.
Sec. 175. National dislocated worker grants.
Sec. 176. YouthBuild Program.
Sec. 178. Reentry employment opportunities.
Sec. 179. Strengthening community colleges grant program.
Sec. 180. Authorization of appropriations.
Subtitle F--Administration
Sec. 191. Requirements and restrictions.
Sec. 192. General waivers of statutory or regulatory requirements.
Sec. 193. State innovation demonstration authority.
TITLE II--ADULT EDUCATION AND LITERACY
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Authorization of appropriations.
Sec. 204. Special rule.
Sec. 205. Performance accountability system.
Sec. 206. Matching requirement.
Sec. 207. State leadership activities.
Sec. 208. Programs for corrections education and other
institutionalized individuals.
Sec. 209. Grants and contracts for eligible providers.
Sec. 210. Local application.
Sec. 211. Local administrative cost limits.
Sec. 212. National leadership activities.
Sec. 213. Integrated English literacy and civics education.
TITLE III--AMENDMENTS TO OTHER LAWS
Sec. 301. Amendments to the Wagner-Peyser Act.
Sec. 302. Job training grants.
Sec. 303. Access to National Directory of New Hires.
SEC. 2. EFFECTIVE DATE; TRANSITION AUTHORITY.
(a) Effective Date.--This Act, and the amendments made by this Act,
shall take effect on the first date of the first program year (as
determined under the Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.)) that begins after the date of enactment of this
Act.
(b) Transition Authority.--
(1) In general.--The Secretary of Labor and the Secretary
of Education shall have the authority to take such steps as are
necessary before the effective date of this Act to provide for
the orderly implementation on such date of the amendments to
the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.) made by this Act.
(2) Conforming amendments.--Section 503 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3343) is repealed
(and by striking the item relating to such section in the table
of contents of such Act).
TITLE I--WORKFORCE DEVELOPMENT ACTIVITIES
Subtitle A--General Provisions
SEC. 101. DEFINITIONS.
(a) Foundational Skill Needs.--Section 3(5) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(5)) is amended to read
as follows:
``(5) Foundational skill needs.--The term `foundational
skill needs' means, with respect to an individual who is a
youth or adult, that the individual--
``(A) has English reading, writing, or computing
skills at or below the 8th-grade level on a generally
accepted standardized test; or
``(B) is unable to compute or solve problems, or
read, write, or speak English, or does not possess
digital literacy skills, at a level necessary to
function on the job, in the individual's family, or in
society.''.
(b) Employer-Directed Skills Development.--Section 3(14) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102(14)) is
amended to read as follows:
``(14) Employer-directed skills development.--The term
`employer-directed skills development' means a program--
``(A) that is selected or designed to meet the
specific skill demands of an employer (including a
group of employers);
``(B) that is conducted pursuant to the terms and
conditions established under an employer-directed
skills agreement described in section 134(c)(3)(I),
including a commitment by the employer to employ an
individual upon successful completion of the program;
and
``(C) for which the employer pays a portion of the
cost of the program, as determined by the local board
involved, which shall not be less than--
``(i) 10 percent of the cost, in the case
of an employer with 50 or fewer employees;
``(ii) 25 percent of the cost, in the case
of an employer with more than 50, but fewer
than 100 employees; and
``(iii) 50 percent of the cost, in the case
of an employer with 100 or more employees.''.
(c) Dislocated Worker.--Section 3(15)(E)(ii) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(15)(E)(ii)) is amended
by striking ``who meets the criteria described in paragraph (16)(B)''
and inserting ``who meets the criteria described in subparagraph (B) of
the definition of the term `displaced homemaker' in this section''.
(d) Displaced Homemaker.--Section 3(16) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102(16)) is amended, in the matter
preceding subparagraph (A), by striking ``family members'' and
inserting ``a family member''.
(e) Eligible Youth.--Section 3(18) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(18)) is amended by striking ``out-of-
school'' and inserting ``opportunity''.
(f) English Learner.--Section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) is further amended--
(1) in paragraph (21)--
(A) in the heading, by striking ``language''; and
(B) by striking ``language''; and
(2) in paragraph (24)(I), by striking ``language''.
(g) Justice-Involved Individual.--Section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102) is further amended--
(1) in paragraph (24), by amending subparagraph (F) to read
as follows:
``(F) Justice-involved individuals.''; and
(2) in paragraph (38)--
(A) in the heading, by striking ``Offender'' and
inserting ``Justice-involved individual''; and
(B) in the matter preceding subparagraph (A), by
striking ``offender'' and inserting ``justice-involved
individual''.
(h) Opportunity Youth.--Section 3(46) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102(46)) is amended--
(1) in the heading, by striking ``Out-of-school'' and
inserting ``Opportunity''; and
(2) by striking ``out-of-school'' and inserting
``opportunity''.
(i) Pay-for-Performance Contract Strategy.--Section 3(47) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102(47)) is
amended to read as follows:
``(47) Pay-for-performance contract strategy.--The term
`pay-for-performance contract strategy' means a specific type
of performance-based acquisition that uses pay-for-performance
contracts in the provision of services described in paragraph
(2) or (3) of section 134(c) or activities described in section
129(c)(2), and includes--
``(A) contracts, each of which--
``(i) shall specify a fixed amount that
will be paid to an eligible service provider
(which may include a local or national
community-based organization or intermediary,
community college, or other provider) based on
the achievement of specified levels of
performance on the primary indicators of
performance described in section 116(b)(2)(A)
for target populations as identified by the
local board (including individuals with
barriers to employment), within a defined
timetable;
``(ii) may not be required by the Secretary
to be informed by a feasibility study; and
``(iii) may provide for bonus payments to
such service provider to expand capacity to
provide effective services and training;
``(B) a strategy for validating the achievement of
the performance described in subparagraph (A); and
``(C) 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 (A) did not occur, for further activities
related to such a procurement strategy, subject to
section 189(g)(4).''.
(j) Rapid Response Activity.--Section 3(51) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(51)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, through a rapid response unit'' after ``designated by a
State'';
(2) in subparagraph (B), by inserting before the semicolon
at the end the following: ``, including individual training
accounts for eligible dislocated workers under section 414(c)
of the American Competitiveness and Workforce Improvement Act
of 1998 (29 U.S.C. 3224a)'';
(3) in subparagraph (D), by striking ``and'' at the end;
(4) by redesignating subparagraph (E) as subparagraph (F);
(5) by inserting after subparagraph (D) the following new
subparagraph:
``(E) assistance in identifying employees eligible
for assistance, including workers who work a majority
of their time off-site or remotely;'';
(6) in subparagraph (F), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(7) by adding at the end the following:
``(G) business engagement or layoff aversion
strategies and other activities designed to prevent or
minimize the duration of unemployment, such as--
``(i) connecting employers to short-term
compensation or other programs designed to
prevent layoffs;
``(ii) conducting employee skill assessment
and matching programs to different occupations;
``(iii) establishing incumbent worker
training or other upskilling approaches,
including incumbent worker upskilling accounts
described in section 134(d)(4)(E);
``(iv) facilitating business support
activities, such as connecting employers to
programs that offer access to credit, financial
support, and business consulting; and
``(v) partnering or contracting with
business-focused organizations to assess risks
to companies, and to propose, implement, and
measure the impact of strategies and services
to address such risks.''.
(k) Vocational Rehabilitation Program.--Section 3(64) of the
Workforce Innovation and Opportunity Act (20 U.S.C. 3102(64)) is
amended by striking ``under a provision covered under paragraph
(13)(D)'' and inserting ``under a provision covered under subparagraph
(D) of the definition of the term `core program provision' under this
section''.
(l) New Definitions.--Section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) is further amended--
(1) by adding at the end the following:
``(72) 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 in section
121(b)(1)(B).
``(73) Digital literacy skills.--The term `digital literacy
skills' has the meaning given the term in section 203.
``(74) Evidence-based.--The term `evidence-based', when
used with respect to an activity, service, strategy, or
intervention, means an activity, service, strategy, or
intervention that--
``(A) demonstrates a statistically significant
effect on improving participant outcomes or other
relevant outcomes based on--
``(i) strong evidence from at least 1 well-
designed and well-implemented experimental
study;
``(ii) moderate evidence from at least 1
well-designed and well-implemented quasi-
experimental study; or
``(iii) promising evidence from at least 1
well-designed and well-implemented
correlational study with statistical controls
for selection bias; or
``(B)(i) demonstrates a rationale based on high-
quality research findings or positive evaluation that
such activity, strategy, or intervention is likely to
improve student outcomes or other relevant outcomes;
and
``(ii) includes ongoing efforts to examine the
effects of such activity, service, strategy, or
intervention.
``(75) Labor organization.--The term `labor organization'
has the meaning given the term in section 2(5) of the National
Labor Relations Act (29 U.S.C. 152(5)).
``(76) Work-based learning.--The term `work-based learning'
has the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).''; and
(2) by reordering paragraphs (1) through (71), as amended
by this section, and the paragraphs added by paragraph (1) of
this subsection in alphabetical order, and renumbering such
paragraphs as so reordered.
SEC. 102. TABLE OF CONTENTS AMENDMENTS.
The table of contents in section 1(b) of the Workforce Innovation
and Opportunity Act is amended--
(1) by redesignating the item relating to section 172 as
section 174;
(2) by inserting after the item relating to section 171,
the following:
``Sec. 172. Reentry employment opportunities.
``Sec. 173. Strengthening community colleges workforce development
grants program.''; and
(3) by striking the item relating to section 190 and
inserting the following:
``Sec. 190. State innovation demonstration authority.''.
Subtitle B--System Alignment
CHAPTER 1--STATE PROVISIONS
SEC. 111. STATE WORKFORCE DEVELOPMENT BOARD.
Section 101(b)(1)(C)(ii)(IV) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3112(b)(1)(C)(ii)(IV)) is amended by
striking ``out-of-school youth'' and inserting ``opportunity youth''.
SEC. 112. UNIFIED STATE PLAN.
Section 102 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3112) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (C)
through (E) as subparagraphs (D) through (F),
respectively;
(ii) by inserting the following after
subparagraph (B):
``(C) a description of--
``(i) how the State will use real-time
labor market information to continually assess
the economic conditions and workforce trends
described in subparagraphs (A) and (B); and