[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4494 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4494
To amend the Workforce Innovation and Opportunity Act to improve the
provisions relating to providers of training services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 11, 2024
Mr. Cassidy 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
provisions relating to providers of training services.
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 ``WIL Act'' or the ``Workforce
Innovation Leader Act''.
SEC. 2. IDENTIFICATION OF ELIGIBLE PROVIDERS.
(a) Eligibility.--Section 122(a) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--Except as provided in subsection (h)--
``(A) the Governor, after consultation with the
State board, shall establish--
``(i) application and enforcement
procedures and (only to the extent prescribed
in subsection (b)(1)) criteria regarding the
establishment of eligibility of providers of
training services to receive funds provided
under section 133(b) for the provision of
training services, with respect to programs in
the State; and
``(ii) application and enforcement
procedures and (only to the extent prescribed
in subsection (b)(2)) information requirements,
including levels of performance on the
indicators in the requirements with respect to
such programs, to maintain such eligibility on
the provider list described in subsection
(d)(1) (referred to in this section as the
`standard provider list'); and
``(B) the Secretary shall establish application and
enforcement procedures and (only to the extent
prescribed in subsection (b)(3)) information
requirements, including levels of performance on the
indicators in the requirements with respect to such
programs, to establish and maintain such eligibility on
the Workforce Innovation Leaders List described in
subsection (d)(2) (referred to in this section as the
`WIL provider list').''; and
(2) in paragraph (3)--
(A) by striking the first sentence and inserting
the following:
``(A) In general.--
``(i) Establishing eligibility.--A provider
described in subparagraph (A) or (C) of
paragraph (2) (referred to in this paragraph as
a `covered provider') shall comply with the
application and enforcement procedures and
criteria described in paragraph (1)(A)(i), as
determined by the corresponding Governor, to
establish eligibility by being included on the
standard provider list. A covered provider
shall be on the standard provider list and
shall comply with the criteria described in
subsection (b)(1)(B), as determined by the
Governor, and the application and enforcement
procedures and criteria described in paragraph
(1)(B), as determined by the Secretary, to
establish eligibility by being included on the
WIL provider list.
``(ii) Maintaining eligibility.--A covered
provider shall comply with the application and
enforcement procedures and information
requirements described in paragraph (1)(A)(ii),
as determined by the Governor, to maintain
eligibility on the standard provider list. A
covered provider shall comply with the
application and enforcement procedures and
information requirements described in paragraph
(1)(B), as determined by the Secretary, to
maintain eligibility on the WIL provider list.
``(B) Apprenticeship providers.--''; and
(B) in subparagraph (B), as so designated, by
striking ``the list'' and all that follows through
``(d)'' and inserting ``the standard provider list''.
(b) Criteria and Information Requirements.--Section 122(b) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3152(b)) is amended
to read as follows:
``(b) Criteria and Information Requirements.--
``(1) General criteria to establish eligibility.--The
Governor shall establish criteria solely requiring each
provider of training services that seeks to establish, with
respect to a program--
``(A) eligibility under this section on the
standard provider list, to demonstrate that--
``(i) the provider--
``(I) has a valid business license
issued by the State or local government
(as the case may be);
``(II) has been in business for not
less than 2 years; and
``(III) has a Federal employer
identification number issued by the
Internal Revenue Service; and
``(ii) the program leads to a recognized
postsecondary credential, including specifying
the occupations for which the credential
prepares individuals and the competencies
achieved by the individuals; and
``(B) eligibility under this section on the WIL
provider list, to resubmit information to make a
demonstration described in clause (i)(I) or (ii), but
only if the information previously submitted to make
that demonstration is no longer accurate.
``(2) Information requirements to maintain eligibility on
standard provider list.--
``(A) In general.--
``(i) Requirements.--The Governor shall
establish information requirements that solely
require each provider of training services that
seeks to maintain eligibility on the standard
provider list under this section to submit
information as required under this paragraph.
``(ii) Timing.--If such an eligible
provider provides training services to a
participant, for which the participant uses an
individual training account, not later than the
last date of the fourth quarter after the
participant's exit from the program, the
provider shall submit information on the
provider's performance on the indicators
described in subparagraph (B) to the Secretary.
``(B) Information.--The eligible provider shall
submit information on indicators that shall consist
solely of--
``(i) the percentage of program
participants who are in unsubsidized employment
during the second quarter after exit from the
program;
``(ii) the percentage of program
participants who are in unsubsidized employment
during the fourth quarter after exit from the
program;
``(iii) the median earnings of program
participants who are in unsubsidized employment
during the second quarter after exit from the
program;
``(iv) the percentage of program
participants who obtain a recognized
postsecondary credential, or a secondary school
diploma or its recognized equivalent (subject
to section 116(b)(2)(A)(iii)), during
participation in or within 1 year after exit
from the program; and
``(v) the percentage of program
participants who, during a program year, are in
an education or training program that leads to
a recognized postsecondary credential or
employment and who are achieving measurable
skill gains toward such a credential or
employment.
``(C) Levels of performance.--The Governor shall
establish levels of performance on the indicators
described in subparagraph (B) for maintaining
eligibility on the standard provider list.
``(D) Determination.--The Governor shall determine
whether the provider has demonstrated that the provider
has met the levels of performance by examining the
required information submitted under subparagraph (B)
and any optional information submitted under paragraph
(4).
``(3) Information requirements to establish and maintain
eligibility on wil provider list.--
``(A) In general.--
``(i) Requirements.--The Secretary shall
establish information requirements (solely
using indicators and levels specified in this
paragraph) that require each provider of
training services that seeks to establish or
maintain eligibility on the WIL provider list
under this section to submit information as
required under this paragraph.
``(ii) Timing.--If such an eligible
provider provides training services to a
participant, for which the participant uses an
individual training account, paragraph
(2)(A)(ii) shall apply to the provider, with
respect to the indicators described in
subparagraph (B) of this paragraph.
``(B) Information.--The eligible provider shall
submit information on indicators that shall consist
solely of--
``(i) the percentage of program
participants who complete the program;
``(ii) the percentage of program
participants who are in unsubsidized employment
during the second quarter after exit from the
program;
``(iii) the median earnings of program
participants who are in unsubsidized employment
during the fourth quarter after exit from the
program;
``(iv) the indicators specified in clauses
(i) through (iv) of paragraph (2)(B), or shall
be deemed to have submitted information on
those indicators if the provider has submitted
a corresponding report under section 116(d)(4);
and
``(v) the indicators specified in paragraph
(2)(B)(v).
``(C) Levels of performance.--The Secretary shall
establish levels of performance on the indicators
described in subparagraph (B) for maintaining
eligibility on the WIL provider list, which levels
shall be--
``(i) 80 percent, for the indicator
described in subparagraph (B)(i);
``(ii) 65 percent, for the indicator
described in subparagraph (B)(ii);
``(iii) median earnings that are not less
than 20 percent greater than the median
earnings of a high school graduate in the local
area in which the program is located or in
which the participant obtains employment,
whichever high school graduate earnings are
greater, for the indicator described in
subparagraph (B)(iii); and
``(iv) the levels established by the
corresponding Governor under paragraph (2)(C),
for the indicators described in clauses (iv)
and (v) of subparagraph (B).
``(D) Determination.--The Secretary shall determine
whether the provider has demonstrated that the provider
met the levels of performance by examining the required
information submitted under subparagraph (B) and any
optional information submitted under paragraph (4). On
determining that a provider on the standard provider
list has met those levels of performance, the Secretary
shall notify the Governor, and transmit to the Governor
the information described in subsection (d)(2). The
Governor shall remove the provider from the standard
provider list and include the provider on the WIL
provider list, accompanied by the information.
``(4) Optional information submissions.--An eligible
provider that seeks to provide optional data, in addition to
the information required under paragraph (2) or (3), for the
website described in paragraph (7) or to establish the levels
of performance under paragraph (3)(C) may submit to the
Secretary information on the provider's performance on the
corresponding indicators described in paragraph (2)(B) or
(3)(B) from years prior to the first year for which
corresponding information is required under paragraph (2)(B) or
(3)(B), for the provider, or concerning individuals who have
completed training services through the provider without the
use of an individual training account.
``(5) Seal.--An eligible provider who demonstrates
exceptional performance in providing training services by
meeting the levels of performance described in paragraph (3)(C)
as determined by the Secretary, shall be permitted to display a
special seal for exceptional performance, of such design as the
Secretary may approve, for display on all public materials.
``(6) State collection and submission of data.--A State may
collect and submit information required under paragraph (2),
(3), or (4) concerning a participant on an eligible provider's
behalf. An eligible provider that seeks to have the State
conduct that collection and submission shall submit a request
to the State, including information identifying the
participant. On receipt of the request, the State may access
unemployment insurance system wage data on the participant, to
collect and submit the required information.
``(7) Website.--The Secretary shall make publicly available
through the training provider results website of the Employment
and Training Administration--
``(A) for a provider on the standard provider list,
the accompanying information described in subsection
(d)(1); and
``(B) for a provider on the WIL provider list, the
accompanying information described in subsection
(d)(2), and an identifier showing that the provider has
demonstrated exceptional service in providing training
services.''.
(c) Procedures.--Section 122(c) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``(1)'' and all that follows
through ``procedures established'' and inserting the
following:
``(1) Procedures for establishment.--A portion of the
application and enforcement procedures established by the
Governor and the Secretary'';
(B) in the first sentence, by inserting ``, which
shall not require the submission of information in
excess of the information required to determine
eligibility under subsection (b)(1)(A) for eligibility
on the standard provider list, or under paragraphs
(1)(B) and (3) of subsection (b) for eligibility on the
WIL provider list'' after ``provision of training
services''; and
(C) in the second sentence, by striking
``respective roles of the State and local areas'' and
inserting ``roles of the State and the Secretary''; and
(2) in paragraph (2)--
(A) by striking ``(2)'' and all that follows
through ``The procedures established by'' and inserting
the following:
``(2) Procedures for maintenance.--A portion of the
application and enforcement procedures established by'';
(B) by striking ``the Governor'' and inserting
``the Governor and the Secretary under subsection
(a)'';
(C) by striking ``biennial review and renewal'' and
inserting ``maintenance''; and