II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘WIL Act’’ or the 

5 ‘‘Workforce Innovation Leader Act’’. 

6 SEC. 2. IDENTIFICATION OF ELIGIBLE PROVIDERS. 

7 (a) ELIGIBILITY.—Section 122(a) of the Workforce 

8 Innovation and Opportunity Act (29 U.S.C. 3152(a)) is 

9 amended— 


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1 (1) by striking paragraph (1) and inserting the 

2 following: 

3 ‘‘(1) IN GENERAL.—Except as provided in sub4 section (h)— 

5 ‘‘(A) the Governor, after consultation with 

6 the State board, shall establish— 

7 ‘‘(i) application and enforcement pro8 cedures and (only to the extent prescribed 

9 in subsection (b)(1)) criteria regarding the 

10 establishment of eligibility of providers of 

11 training services to receive funds provided 

12 under section 133(b) for the provision of 

13 training services, with respect to programs 

14 in the State; and 

15 ‘‘(ii) application and enforcement pro16 cedures and (only to the extent prescribed 

17 in subsection (b)(2)) information require18 ments, including levels of performance on 

19 the indicators in the requirements with re20 spect to such programs, to maintain such 

21 eligibility on the provider list described in 

22 subsection (d)(1) (referred to in this sec23 tion as the ‘standard provider list’); and 

24 ‘‘(B) the Secretary shall establish applica25 tion and enforcement procedures and (only to 


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1 the extent prescribed in subsection (b)(3)) in2 formation requirements, including levels of per3 formance on the indicators in the requirements 

4 with respect to such programs, to establish and 

5 maintain such eligibility on the Workforce Inno6 vation Leaders List described in subsection 

7 (d)(2) (referred to in this section as the ‘WIL 

8 provider list’).’’; and 

9 (2) in paragraph (3)— 

10 (A) by striking the first sentence and in11 serting the following: 

12 ‘‘(A) IN GENERAL.— 

13 ‘‘(i) ESTABLISHING ELIGIBILITY.—A 

14 provider described in subparagraph (A) or 

15 (C) of paragraph (2) (referred to in this 

16 paragraph as a ‘covered provider’) shall 

17 comply with the application and enforce18 ment procedures and criteria described in 

19 paragraph (1)(A)(i), as determined by the 

20 corresponding Governor, to establish eligi21 bility by being included on the standard 

22 provider list. A covered provider shall be 

23 on the standard provider list and shall 

24 comply with the criteria described in sub25 section (b)(1)(B), as determined by the 


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1 Governor, and the application and enforce2 ment procedures and criteria described in 

3 paragraph (1)(B), as determined by the 

4 Secretary, to establish eligibility by being 

5 included on the WIL provider list. 

6 ‘‘(ii) MAINTAINING ELIGIBILITY.—A 

7 covered provider shall comply with the ap8 plication and enforcement procedures and 

9 information requirements described in 

10 paragraph (1)(A)(ii), as determined by the 

11 Governor, to maintain eligibility on the 

12 standard provider list. A covered provider 

13 shall comply with the application and en14 forcement procedures and information re15 quirements described in paragraph (1)(B), 

16 as determined by the Secretary, to main17 tain eligibility on the WIL provider list. 

18 ‘‘(B) APPRENTICESHIP PROVIDERS.—’’; 

19 and 

20 (B) in subparagraph (B), as so designated, 

21 by striking ‘‘the list’’ and all that follows 

22 through ‘‘(d)’’ and inserting ‘‘the standard pro23 vider list’’. 

24 (b) CRITERIA AND INFORMATION REQUIREMENTS.— 

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1 tunity Act (29 U.S.C. 3152(b)) is amended to read as fol2 lows: 

3 ‘‘(b) CRITERIA AND INFORMATION REQUIRE4 MENTS.— 

5 ‘‘(1) GENERAL CRITERIA TO ESTABLISH ELIGI6 BILITY.—The Governor shall establish criteria solely 

7 requiring each provider of training services that 

8 seeks to establish, with respect to a program— 

9 ‘‘(A) eligibility under this section on the 

10 standard provider list, to demonstrate that— 

11 ‘‘(i) the provider— 

12 ‘‘(I) has a valid business license 

13 issued by the State or local govern14 ment (as the case may be); 

15 ‘‘(II) has been in business for not 

16 less than 2 years; and 

17 ‘‘(III) has a Federal employer 

18 identification number issued by the 

19 Internal Revenue Service; and 

20 ‘‘(ii) the program leads to a recog21 nized postsecondary credential, including 

22 specifying the occupations for which the 

23 credential prepares individuals and the 

24 competencies achieved by the individuals; 

25 and 


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1 ‘‘(B) eligibility under this section on the 

2 WIL provider list, to resubmit information to 

3 make a demonstration described in clause (i)(I) 

4 or (ii), but only if the information previously 

5 submitted to make that demonstration is no 

6 longer accurate. 

7 ‘‘(2) INFORMATION REQUIREMENTS TO MAIN8 TAIN ELIGIBILITY ON STANDARD PROVIDER LIST.— 

9 ‘‘(A) IN GENERAL.— 

10 ‘‘(i) REQUIREMENTS.—The Governor 

11 shall establish information requirements 

12 that solely require each provider of train13 ing services that seeks to maintain eligi14 bility on the standard provider list under 

15 this section to submit information as re16 quired under this paragraph. 

17 ‘‘(ii) TIMING.—If such an eligible pro18 vider provides training services to a partic19 ipant, for which the participant uses an in20 dividual training account, not later than 

21 the last date of the fourth quarter after 

22 the participant’s exit from the program, 

23 the provider shall submit information on 

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1 tors described in subparagraph (B) to the 

2 Secretary. 

3 ‘‘(B) INFORMATION.—The eligible provider 

4 shall submit information on indicators that 

5 shall consist solely of— 

6 ‘‘(i) the percentage of program par7 ticipants who are in unsubsidized employ8 ment during the second quarter after exit 

9 from the program; 

10 ‘‘(ii) the percentage of program par11 ticipants who are in unsubsidized employ12 ment during the fourth quarter after exit 

13 from the program; 

14 ‘‘(iii) the median earnings of program 

15 participants who are in unsubsidized em16 ployment during the second quarter after 

17 exit from the program; 

18 ‘‘(iv) the percentage of program par19 ticipants who obtain a recognized postsec20 ondary credential, or a secondary school di21 ploma or its recognized equivalent (subject 

22 to section 116(b)(2)(A)(iii)), during par23 ticipation in or within 1 year after exit 

24 from the program; and 


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1 ‘‘(v) the percentage of program par2 ticipants who, during a program year, are 

3 in an education or training program that 

4 leads to a recognized postsecondary cre5 dential or employment and who are achiev6 ing measurable skill gains toward such a 

7 credential or employment. 

8 ‘‘(C) LEVELS OF PERFORMANCE.—The 

9 Governor shall establish levels of performance 

10 on the indicators described in subparagraph (B) 

11 for maintaining eligibility on the standard pro12 vider list. 

13 ‘‘(D) DETERMINATION.—The Governor 

14 shall determine whether the provider has dem15 onstrated that the provider has met the levels 

16 of performance by examining the required infor17 mation submitted under subparagraph (B) and 

18 any optional information submitted under para19 graph (4). 

20 ‘‘(3) INFORMATION REQUIREMENTS TO ESTAB21 LISH AND MAINTAIN ELIGIBILITY ON WIL PROVIDER

22 LIST.— 

23 ‘‘(A) IN GENERAL.— 

24 ‘‘(i) REQUIREMENTS.—The Secretary 

25 shall establish information requirements 


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1 (solely using indicators and levels specified 

2 in this paragraph) that require each pro3 vider of training services that seeks to es4 tablish or maintain eligibility on the WIL 

5 provider list under this section to submit 

6 information as required under this para7 graph. 

8 ‘‘(ii) TIMING.—If such an eligible pro9 vider provides training services to a partic10 ipant, for which the participant uses an in11 dividual training account, paragraph 

12 (2)(A)(ii) shall apply to the provider, with 

13 respect to the indicators described in sub14 paragraph (B) of this paragraph. 

15 ‘‘(B) INFORMATION.—The eligible provider 

16 shall submit information on indicators that 

17 shall consist solely of— 

18 ‘‘(i) the percentage of program par19 ticipants who complete the program; 

20 ‘‘(ii) the percentage of program par21 ticipants who are in unsubsidized employ22 ment during the second quarter after exit 

23 from the program; 

24 ‘‘(iii) the median earnings of program 

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1 ployment during the fourth quarter after 

2 exit from the program; 

3 ‘‘(iv) the indicators specified in 

4 clauses (i) through (iv) of paragraph 

5 (2)(B), or shall be deemed to have sub6 mitted information on those indicators if 

7 the provider has submitted a corresponding 

8 report under section 116(d)(4); and 

9 ‘‘(v) the indicators specified in para10 graph (2)(B)(v). 

11 ‘‘(C) LEVELS OF PERFORMANCE.—The 

12 Secretary shall establish levels of performance 

13 on the indicators described in subparagraph (B) 

14 for maintaining eligibility on the WIL provider 

15 list, which levels shall be— 

16 ‘‘(i) 80 percent, for the indicator de17 scribed in subparagraph (B)(i); 

18 ‘‘(ii) 65 percent, for the indicator de19 scribed in subparagraph (B)(ii); 

20 ‘‘(iii) median earnings that are not 

21 less than 20 percent greater than the me22 dian earnings of a high school graduate in 

23 the local area in which the program is lo24 cated or in which the participant obtains 

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1 uate earnings are greater, for the indicator 

2 described in subparagraph (B)(iii); and 

3 ‘‘(iv) the levels established by the cor4 responding Governor under paragraph 

5 (2)(C), for the indicators described in 

6 clauses (iv) and (v) of subparagraph (B). 

7 ‘‘(D) DETERMINATION.—The Secretary 

8 shall determine whether the provider has dem9 onstrated that the provider met the levels of 

10 performance by examining the required infor11 mation submitted under subparagraph (B) and 

12 any optional information submitted under para13 graph (4). On determining that a provider on 

14 the standard provider list has met those levels 

15 of performance, the Secretary shall notify the 

16 Governor, and transmit to the Governor the in17 formation described in subsection (d)(2). The 

18 Governor shall remove the provider from the 

19 standard provider list and include the provider 

20 on the WIL provider list, accompanied by the 

21 information. 

22 ‘‘(4) OPTIONAL INFORMATION SUBMISSIONS.— 

23 An eligible provider that seeks to provide optional 

24 data, in addition to the information required under 

25 paragraph (2) or (3), for the website described in 


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1 paragraph (7) or to establish the levels of perform2 ance under paragraph (3)(C) may submit to the Sec3 retary information on the provider’s performance on 

4 the corresponding indicators described in paragraph 

5 (2)(B) or (3)(B) from years prior to the first year 

6 for which corresponding information is required 

7 under paragraph (2)(B) or (3)(B), for the provider, 

8 or concerning individuals who have completed train9 ing services through the provider without the use of 

10 an individual training account. 

11 ‘‘(5) SEAL.—An eligible provider who dem12 onstrates exceptional performance in providing train13 ing services by meeting the levels of performance de14 scribed in paragraph (3)(C) as determined by the 

15 Secretary, shall be permitted to display a special seal 

16 for exceptional performance, of such design as the 

17 Secretary may approve, for display on all public ma18 terials. 

19 ‘‘(6) STATE COLLECTION AND SUBMISSION OF

20 DATA.—A State may collect and submit information 

21 required under paragraph (2), (3), or (4) concerning 

22 a participant on an eligible provider’s behalf. An eli23 gible provider that seeks to have the State conduct 

24 that collection and submission shall submit a request 

25 to the State, including information identifying the 


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1 participant. On receipt of the request, the State may 

2 access unemployment insurance system wage data 

3 on the participant, to collect and submit the re4 quired information. 

5 ‘‘(7) WEBSITE.—The Secretary shall make pub6 licly available through the training provider results 

7 website of the Employment and Training Adminis8 tration— 

9 ‘‘(A) for a provider on the standard pro10 vider list, the accompanying information de11 scribed in subsection (d)(1); and 

12 ‘‘(B) for a provider on the WIL provider 

13 list, the accompanying information described in 

14 subsection (d)(2), and an identifier showing 

15 that the provider has demonstrated exceptional 

16 service in providing training services.’’. 

17 (c) PROCEDURES.—Section 122(c) of the Workforce 

18 Innovation and Opportunity Act (29 U.S.C. 3152(c)) is 

19 amended— 

20 (1) in paragraph (1)— 

21 (A) by striking ‘‘(1)’’ and all that follows 

22 through ‘‘procedures established’’ and inserting 

23 the following: 

24 ‘‘(1) PROCEDURES FOR ESTABLISHMENT.—A 

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1 dures established by the Governor and the Sec2 retary’’; 

3 (B) in the first sentence, by inserting ‘‘, 

4 which shall not require the submission of infor5 mation in excess of the information required to 

6 determine eligibility under subsection (b)(1)(A) 

7 for eligibility on the standard provider list, or 

8 under paragraphs (1)(B) and (3) of subsection 

9 (b) for eligibility on the WIL provider list’’ 

10 after ‘‘provision of training services’’; and 

11 (C) in the second sentence, by striking ‘‘re12 spective roles of the State and local areas’’ and 

13 inserting ‘‘roles of the State and the Sec14 retary’’; and 

15 (2) in paragraph (2)— 

16 (A) by striking ‘‘(2)’’ and all that follows 

17 through ‘‘The procedures established by’’ and 

18 inserting the following: 

19 ‘‘(2) PROCEDURES FOR MAINTENANCE.—A por20 tion of the application and enforcement procedures 

21 established by’’; 

22 (B) by striking ‘‘the Governor’’ and insert23 ing ‘‘the Governor and the Secretary under sub24 section (a)’’; 


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1 (C) by striking ‘‘biennial review and re2 newal’’ and inserting ‘‘maintenance’’; and 

3 (D) by inserting ‘‘, which shall not require 

4 the submission of information in excess of the 

5 information required to maintain eligibility 

6 under paragraph (2) of subsection (b) for eligi7 bility on the standard provider list, or under 

8 paragraph (3) of subsection (b) for eligibility on 

9 the WIL provider list’’ after ‘‘of training serv10 ices’’. 

11 (d) LIST AND INFORMATION TO ASSIST PARTICI12 PANTS IN CHOOSING PROVIDERS.—Section 122(d) of the 

13 Workforce Innovation and Opportunity Act (29 U.S.C. 

14 3152(d)) is amended— 

15 (1) by striking paragraphs (1) and (2) and in16 serting the following: 

17 ‘‘(1) STANDARD PROVIDER LIST.—In order to 

18 facilitate and assist participants in choosing employ19 ment and training activities and in choosing pro20 viders of training services, the Governor shall ensure 

21 that a standard list of providers determined under 

22 paragraphs (1)(A) and (after initial establishment of 

23 eligibility) (2) of subsection (b) to be eligible under 

24 this section to offer a program in the State, is pre25 pared (excluding providers later included on the 


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1 WIL provider list). The list shall be accompanied by 

2 information identifying the recognized postsecondary 

3 credential offered by the provider and information 

4 submitted by the provider to make the demonstra5 tions described in paragraphs (1)(A) and (2) of sub6 section (b). The list shall be provided to the local 

7 boards in the State, and made available to such par8 ticipants and to members of the public through the 

9 one-stop delivery system in the State. 

10 ‘‘(2) WIL PROVIDER LIST.—In order to offer 

11 that facilitation and assistance, the Governor shall 

12 ensure that a Workforce Innovation Leaders List of 

13 providers determined under paragraphs (1)(B) and 

14 (3) of subsection (b) to be eligible under this section 

15 to offer a program in the State, is prepared. The list 

16 shall be accompanied by information identifying the 

17 recognized postsecondary credential offered by the 

18 provider and information submitted by the provider 

19 to make the demonstrations described in paragraphs 

20 (1)(B) and (3) of subsection (b). The list shall be 

21 provided and made available as described in para22 graph (1).’’; and 

23 (2) in paragraph (3) by striking ‘‘list’’ and in24 serting ‘‘lists’’. 


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1 (e) COMMENTS.—Section 122(e) of the Workforce In2 novation and Opportunity Act (29 U.S.C. 2152(e)) is 

3 amended— 

4 (1) by striking ‘‘list’’ each place it appears and 

5 inserting ‘‘lists’’; and 

6 (2) by striking ‘‘Governor’’ and inserting ‘‘Gov7 ernor or the Secretary, as the case may be,’’. 

8 (f) ENFORCEMENT.—Section 122(f)(1) of the Work9 force Innovation and Opportunity Act (29 U.S.C. 

10 3152(f)(1)) is amended— 

11 (1) in the matter preceding subparagraph (A) 

12 by striking ‘‘procedures’’ and inserting ‘‘application 

13 and enforcement procedures’’; 

14 (2) by redesignating subparagraphs (B) and 

15 (C) as subparagraphs (C) and (D), respectively; 

16 (3) by inserting after subparagraph (A) the fol17 lowing: 

18 ‘‘(B) FAILURE TO SUBMIT INFORMA19 TION.—Upon a determination, by an individual 

20 or entity specified in the procedures, that an el21 igible provider fails to submit information re22 quired by paragraph (2)(B) or (3)(B), as the 

23 case may be, of subsection (b) by the cor24 responding date specified in that subsection, the 

25 eligibility of such provider to receive funds 


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1 through an individual training account under 

2 chapter 3 shall be terminated for a period of 

3 time that is not less than 3 years.’’; and 

4 (4) in subparagraph (D), by striking ‘‘subpara5 graph (A) or (B)’’ and inserting ‘‘subparagraph (A), 

6 (B), or (C)’’. 

7 SEC. 3. CONFORMING AMENDMENTS. 

8 (a) LOCAL BOARDS.—Section 107 of the Workforce 

9 Innovation and Opportunity Act (29 U.S.C. 3122) is 

10 amended— 

11 (1) in subsection (d)(10)— 

12 (A) by striking subparagraph (C); 

13 (B) by redesignating subparagraphs (D) 

14 and (E) as subparagraphs (C) and (D), respec15 tively; and 

16 (C) in subparagraph (D), as so redesig17 nated— 

18 (i) by striking ‘‘paragraphs (2) and 

19 (3) of section 134(c)’’ and inserting ‘‘sec20 tion 134(c)(2)’’; and 

21 (ii) by striking ‘‘and training serv22 ices’’; and 

23 (2) in subsection (g)(1)(B)(i)— 

24 (A) in subclause (I), by adding ‘‘and’’ at 

25 the end; 


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1 (B) by striking subclause (II); and 

2 (C) by redesignating subclause (III) as 

3 subclause (II). 

4 (b) EMPLOYMENT AND TRAINING ACTIVITIES.—Sec5 tion 134 of the Workforce Innovation and Opportunity Act 

6 (29 U.S.C. 3174) is amended— 

7 (1) in subsection (a)(2)(B)(v)(I), by striking 

8 ‘‘list’’ and inserting ‘‘lists’’; and 

9 (2) in subsection (c)(3)(F), in clauses (ii) and 

10 (iii), by striking ‘‘list’’ and inserting ‘‘lists’’. 

Æ 


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