[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4501 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4501

 To amend the Workforce Innovation and Opportunity Act to improve the 
                   performance accountability system.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2024

  Mr. Mullin introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Workforce Innovation and Opportunity Act to improve the 
                   performance accountability system.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``WIOA Performance Accountability 
Improvement Act''.

SEC. 2. PERFORMANCE ACCOUNTABILITY SYSTEM.

    (a) State Performance Accountability Measures.--
            (1) Primary indicators of performance.--Section 
        116(b)(2)(A) of the Workforce Innovation and Opportunity Act 
        (29 U.S.C. 3141(b)(2)(A)) is amended--
                    (A) in clause (i)--
                            (i) in subclause (II)--
                                    (I) by striking ``fourth'' and 
                                inserting ``second''; and
                                    (II) by inserting ``and remain in 
                                unsubsidized employment during the 
                                fourth quarter after exit from the 
                                program'' after ``the program'';
                            (ii) in subclause (V)--
                                    (I) by striking ``, during a 
                                program year,'';
                                    (II) by striking ``are in'' and 
                                inserting ``enter into''; and
                                    (III) by inserting before the 
                                semicolon at the end the following: 
                                ``within 6 months after the quarter in 
                                which the participant enters into the 
                                education or training program''; and
                            (iii) by amending subclause (VI) to read as 
                        follows:
                                    ``(VI) of the program participants 
                                who received training services and who 
                                exited the program during a program 
                                year, the percentage of such program 
                                participants who completed, prior to 
                                such exit, on-the-job training, 
                                employer-directed skills development, 
                                incumbent worker training, or an 
                                apprenticeship.'';
                    (B) in clause (ii)--
                            (i) in subclause (II), by striking ``and'' 
                        at the end;
                            (ii) in subclause (III), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                                    ``(IV) the percentage of program 
                                participants who, during a program 
                                year, participate in paid or unpaid 
                                work experiences as described in 
                                section 129(c)(2)(C).''; and
                    (C) by striking clause (iv).
            (2) Levels of performance.--Section 116(b)(3)(A) of the 
        Workforce Innovation and Opportunity Act (29 U.S.C. 
        3141(b)(3)(A)) is amended--
                    (A) by amending clause (iii) to read as follows:
                            ``(iii) Identification in state plan.--
                                    ``(I) Secretaries.--For each State 
                                submitting a State plan, the 
                                Secretaries of Labor and Education 
                                shall--
                                            ``(aa) not later than 
                                        December 1 of the calendar year 
                                        prior to the calendar year in 
                                        which such State plan is 
                                        submitted, for the first 2 
                                        program years covered by the 
                                        State plan, and not later than 
                                        December 1 of the year prior to 
                                        the third program year covered 
                                        by the State plan, for the 
                                        third and fourth program years 
                                        covered by the State plan, 
                                        propose expected levels of 
                                        performance for each of the 
                                        corresponding primary 
                                        indicators of performance for 
                                        each of the programs described 
                                        in clause (ii) for such State, 
                                        which levels shall--

                                                    ``(AA) be 
                                                consistent with the 
                                                factors listed in 
                                                clause (v); and

                                                    ``(BB) be proposed 
                                                in a manner that 
                                                ensures sufficient time 
                                                is provided for the 
                                                State to evaluate and 
                                                respond to such 
                                                proposals; and

                                            ``(bb) publish, on a public 
                                        website of the Department of 
                                        Labor, the statistical model 
                                        developed under clause (viii) 
                                        and the methodology used to 
                                        develop each such proposed 
                                        level of performance.
                                    ``(II) States.--Each State shall--
                                            ``(aa) evaluate each of the 
                                        expected levels of performance 
                                        proposed under subclause (I) 
                                        with respect to such State;
                                            ``(bb) based on such 
                                        evaluation of each such 
                                        proposed level of performance--

                                                    ``(AA) accept the 
                                                expected level of 
                                                performance as so 
                                                proposed; or

                                                    ``(BB) provide a 
                                                counterproposal for 
                                                such proposed expected 
                                                level of performance, 
                                                including an analysis 
                                                of how the 
                                                counterproposal 
                                                addresses factors or 
                                                circumstances unique to 
                                                the State that may not 
                                                have been accounted for 
                                                in the proposed 
                                                expected level of 
                                                performance; and

                                            ``(cc) include in the State 
                                        plan, with respect to each of 
                                        the corresponding primary 
                                        indicators of performance for 
                                        each of the programs described 
                                        in clause (ii) for such State--

                                                    ``(AA) the expected 
                                                level of performance 
                                                proposed under 
                                                subclause (I);

                                                    ``(BB) the 
                                                counterproposal for 
                                                such proposed level, if 
                                                any; and

                                                    ``(CC) the expected 
                                                level of performance 
                                                that is agreed to under 
                                                clause (iv).''; and

                    (B) in clause (v)(II)--
                            (i) in the matter preceding item (aa), by 
                        striking ``based on'' and inserting ``based on 
                        (for each of the following factors that is 
                        found to be predictive of performance on an 
                        indicator for a program)''; and
                            (ii) in item (bb), by inserting ``, foster 
                        care status, school status, education level, 
                        highest grade level completed, low-income 
                        status'' after ``ex-offender status''.
    (b) Performance Reports.--Section 116(d) of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3141(d)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--
                    ``(A) Template for performance reports.--Not later 
                than 12 months after the date of enactment of the WIOA 
                Performance Accountability Improvement Act, the 
                Secretary of Labor, in conjunction with the Secretary 
                of Education, shall develop, or review and modify, as 
                appropriate, to comply with the requirements of this 
                subsection, the template for performance reports that 
                shall be used by States (including by States on behalf 
                of eligible providers of training services under 
                section 122) and local boards to produce a report on 
                outcomes achieved by the core programs. In developing, 
                or reviewing and modifying, such templates, the 
                Secretary of Labor, in conjunction with the Secretary 
                of Education, shall take into account the need to 
                maximize the value of the templates for workers, 
                jobseekers, employers, local elected officials, State 
                officials, Federal policymakers, and other key 
                stakeholders.
                    ``(B) Standardized reporting.--In developing, or 
                reviewing and modifying, the template under 
                subparagraph (A), the Secretary of Labor, in 
                conjunction with the Secretary of Education, shall 
                ensure that States and local areas, in producing 
                performance reports for core programs and eligible 
                training providers, collect and report, in a comparable 
                and uniform format, information on common data 
                elements, which use terms that are assigned identical 
                meanings across all such reports.
                    ``(C) Additional reporting.--The Secretary of 
                Labor, in conjunction with the Secretary of Education--
                            ``(i) in addition to information on the 
                        common data elements described in subparagraph 
                        (B), may require a core program to provide 
                        additional information as necessary for 
                        effective reporting; and
                            ``(ii) shall periodically review any 
                        requirement for additional information to 
                        ensure the requirement is necessary and does 
                        not impose an undue reporting burden.'';
            (2) in paragraph (2)--
                    (A) by redesignating subparagraphs (J) through (L) 
                as subparagraphs (K) through (M), respectively and 
                inserting after subparagraph (I) the following:
                    ``(J) the median earnings gain of participants who 
                received training services, calculated as the 
                difference between--
                            ``(i) median participant earnings in 
                        unsubsidized employment during the second 
                        quarter after program exit; and
                            ``(ii) median participant earnings in 
                        unsubsidized employment in the second quarter 
                        prior to entering the program;''; and
                    (B) in subparagraph (L), as so redesignated, by 
                striking clause (ii); and
                    (C) by striking ``strategies for programs'' and all 
                that follows through ``the performance'', and inserting 
                ``strategies for programs, the performance'';
            (3) in paragraph (3)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (E); and
                    (C) by inserting after subparagraph (B) the 
                following:
                    ``(C) the percentage of the local area's allocation 
                under section 133(b) that the local area spent on 
                services paid for through an individual training 
                account described in section 134(c)(3)(F)(iii) or a 
                training contract described in section 
                134(c)(3)(G)(ii);
                    ``(D) the percentage of the local area's allocation 
                under section 133(b) that the local area spent on 
                supportive services; and'';
            (4) by amending paragraph (4) to read as follows:
            ``(4) Contents of eligible training providers performance 
        report.--
                    ``(A) In general.--The State shall use the 
                information submitted by the eligible providers of 
                training services under section 122 and administrative 
                records, including quarterly wage records, of the 
                participants of the programs offered by the providers 
                to produce a performance report on the eligible 
                providers of training services in the State, which 
                shall include, subject to paragraph (6)(C)--
                            ``(i) with respect to each program of study 
                        (or the equivalent) of such a provider--
                                    ``(I) information specifying the 
                                levels of performance achieved with 
                                respect to the primary indicators of 
                                performance described in subclauses (I) 
                                through (IV) of subsection (b)(2)(A)(i) 
                                with respect to all individuals 
                                engaging in the program of study (or 
                                the equivalent); and
                                    ``(II) the total number of 
                                individuals exiting from the program of 
                                study (or the equivalent);
                            ``(ii) with respect to all such providers--
                                    ``(I) the total number of 
                                participants who received training 
                                services through each of the adult 
                                program, and the dislocated worker 
                                program, authorized under chapter 3 of 
                                subtitle B, disaggregated by the type 
                                of entity that provided the training, 
                                during the most recent program year and 
                                the 3 preceding program years;
                                    ``(II) the total number of 
                                participants who exited from training 
                                services, disaggregated by the type of 
                                entity that provided the training, 
                                during the most recent program year and 
                                the 3 preceding program years;
                                    ``(III) the average cost for the 
                                participants who received training 
                                services, divided by the average 
                                earnings received by such participants 
                                during the second quarter after exit 
                                from the program, disaggregated by the 
                                type of entity that provided the 
                                training, during the most recent 
                                program year and the 3 preceding 
                                program years; and
                                    ``(IV) the number of individuals 
                                with barriers to employment served by 
                                each of the adult program, and the 
                                dislocated worker program, authorized 
                                under chapter 3 of subtitle B, 
                                disaggregated by each subpopulation of 
                                such individuals, and by race, 
                                ethnicity, sex, and age; and
                            ``(iii) with respect to each recognized 
                        postsecondary credential on the list of 
                        credentials awarded by eligible providers in 
                        the State described in section 122(d)--
                                    ``(I) information specifying the 
                                levels of performance achieved with 
                                respect to the primary indicators of 
                                performance described in subclauses (I)