[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)