[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