[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