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[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
                    (D) by inserting ``, which shall not require the 
                submission of information in excess of the information 
                required to maintain eligibility under paragraph (2) of 
                subsection (b) for eligibility on the standard provider 
                list, or under paragraph (3) of subsection (b) for 
                eligibility on the WIL provider list'' after ``of 
                training services''.
    (d) List and Information To Assist Participants in Choosing 
Providers.--Section 122(d) of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3152(d)) is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) Standard provider list.--In order to facilitate and 
        assist participants in choosing employment and training 
        activities and in choosing providers of training services, the 
        Governor shall ensure that a standard list of providers 
        determined under paragraphs (1)(A) and (after initial 
        establishment of eligibility) (2) of subsection (b) to be 
        eligible under this section to offer a program in the State, is 
        prepared (excluding providers later included on the WIL 
        provider list). The list shall be accompanied by information 
        identifying the recognized postsecondary credential offered by 
        the provider and information submitted by the provider to make 
        the demonstrations described in paragraphs (1)(A) and (2) of 
        subsection (b). The list shall be provided to the local boards 
        in the State, and made available to such participants and to 
        members of the public through the one-stop delivery system in 
        the State.
            ``(2) WIL provider list.--In order to offer that 
        facilitation and assistance, the Governor shall ensure that a 
        Workforce Innovation Leaders List of providers determined under 
        paragraphs (1)(B) and (3) of subsection (b) to be eligible 
        under this section to offer a program in the State, is 
        prepared. The list shall be accompanied by information 
        identifying the recognized postsecondary credential offered by 
        the provider and information submitted by the provider to make 
        the demonstrations described in paragraphs (1)(B) and (3) of 
        subsection (b). The list shall be provided and made available 
        as described in paragraph (1).''; and
            (2) in paragraph (3) by striking ``list'' and inserting 
        ``lists''.
    (e) Comments.--Section 122(e) of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 2152(e)) is amended--
            (1) by striking ``list'' each place it appears and 
        inserting ``lists''; and
            (2) by striking ``Governor'' and inserting ``Governor or 
        the Secretary, as the case may be,''.
    (f) Enforcement.--Section 122(f)(1) of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3152(f)(1)) is amended--
            (1) in the matter preceding subparagraph (A) by striking 
        ``procedures'' and inserting ``application and enforcement 
        procedures'';
            (2) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively;
            (3) by inserting after subparagraph (A) the following:
                    ``(B) Failure to submit information.--Upon a 
                determination, by an individual or entity specified in 
                the procedures, that an eligible provider fails to 
                submit information required by paragraph (2)(B) or 
                (3)(B), as the case may be, of subsection (b) by the 
                corresponding date specified in that subsection, the 
                eligibility of such provider to receive funds through 
                an individual training account under chapter 3 shall be 
                terminated for a period of time that is not less than 3 
                years.''; and
            (4) in subparagraph (D), by striking ``subparagraph (A) or 
        (B)'' and inserting ``subparagraph (A), (B), or (C)''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Local Boards.--Section 107 of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3122) is amended--
            (1) in subsection (d)(10)--
                    (A) by striking subparagraph (C);
                    (B) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (C) and (D), respectively; and
                    (C) in subparagraph (D), as so redesignated--
                            (i) by striking ``paragraphs (2) and (3) of 
                        section 134(c)'' and inserting ``section 
                        134(c)(2)''; and
                            (ii) by striking ``and training services''; 
                        and
            (2) in subsection (g)(1)(B)(i)--
                    (A) in subclause (I), by adding ``and'' at the end;
                    (B) by striking subclause (II); and
                    (C) by redesignating subclause (III) as subclause 
                (II).
    (b) Employment and Training Activities.--Section 134 of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 3174) is amended--
            (1) in subsection (a)(2)(B)(v)(I), by striking ``list'' and 
        inserting ``lists''; and
            (2) in subsection (c)(3)(F), in clauses (ii) and (iii), by 
        striking ``list'' and inserting ``lists''.
                                 <all>
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