II 

112TH CONGRESS 

2D SESSION S. 3599 

To streamline and address overlap in the Federal workforce investment system, steer Federal training dollars toward skills needed by industry, 

establish incentives for accountability through a Pay for Performance 

pilot program, and provide new access to the National Directory of 

New Hires, to measure performance and better connect the unemployed 

to jobs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2012 

Mr. PORTMAN (for himself and Mr. BENNET) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To streamline and address overlap in the Federal workforce 

investment system, steer Federal training dollars toward 

skills needed by industry, establish incentives for accountability through a Pay for Performance pilot program, and provide new access to the National Directory 

of New Hires, to measure performance and better connect the unemployed to jobs, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Careers through Re3 sponsive, Efficient, and Effective Retraining Act.’’. 

4 SEC. 2. STEERING FEDERAL TRAINING DOLLARS TOWARD 

5 SKILLS NEEDED BY INDUSTRY. 

6 (a) DEFINITIONS.—Section 101 of the Workforce In7 vestment Act of 1998 (29 U.S.C. 2801) is amended by 

8 adding at the end the following: 

9 ‘‘(54) CREDENTIAL.— 

10 ‘‘(A) INDUSTRY-RECOGNIZED.—The term 

11 ‘industry-recognized’, used with respect to a 

12 credential, means a credential that is sought or 

13 accepted by employers within the industry sec14 tor involved as recognized, preferred, or re15 quired for recruitment, screening, hiring, or ad16 vancement. 

17 ‘‘(B) NATIONALLY PORTABLE.—The term 

18 ‘nationally portable,’ used with respect to cre19 dential, means a credential that is sought or ac20 cepted as described in subparagraph (A) across 

21 multiple States. 

22 ‘‘(C) REGIONALLY RELEVANT.—The term 

23 ‘regionally relevant,’ used with respect to a cre24 dential, means a credential that is determined 

25 by the Governor and the head of the State 

26 workforce agency to be sought or accepted as 


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1 described in subparagraph (A) in that State 

2 and neighboring States. 

3 ‘‘(55) STATE WORKFORCE AGENCY.—The term 

4 ‘State workforce agency’ means the lead State agen5 cy with responsibility for workforce investment ac6 tivities carried out under subtitle B.’’. 

7 (b) YOUTH ACTIVITIES.—Section 129(c)(1)(C) of the 

8 Workforce Investment Act of 1998 (29 U.S.C. 

9 2854(c)(1)(C)) is amended— 

10 (1) by redesignating clauses (ii) through (iv) as 

11 clauses (iii) through (v), respectively; and 

12 (2) inserting after clause (i) the following: 

13 ‘‘(ii) training, with priority consider14 ation given, after consultation with the 

15 Governor and the head of the State work16 force agency and beginning not later than 

17 6 months after the date of enactment of 

18 the Careers through Responsive, Efficient, 

19 and Effective Retraining Act, to programs 

20 that lead to an industry-recognized, nation21 ally portable, and regionally relevant cre22 dential, if the local board determines that 

23 such programs are available and appro24 priate;’’. 


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1 (c) GENERAL EMPLOYMENT AND TRAINING ACTIVI2 TIES.—Section 134(d)(4)(F) of the Workforce Investment 

3 Act of 1998 (29 U.S.C. 2864(d)(4)(F)) is amended by 

4 adding at the end the following: 

5 ‘‘(iv) PRIORITY FOR PROGRAMS THAT

6 PROVIDE AN INDUSTRY-RECOGNIZED, NA7 TIONALLY PORTABLE, AND REGIONALLY

8 RELEVANT CREDENTIAL.—In selecting and 

9 approving programs of training services 

10 under this section, a one-stop operator and 

11 employees of a one-stop center referred to 

12 in subsection (c) shall, after consultation 

13 with the Governor and the head of the 

14 State workforce agency and beginning not 

15 later than 6 months after the date of en16 actment of the Careers through Respon17 sive, Efficient, and Effective Retraining 

18 Act, give priority consideration to pro19 grams (approved by the appropriate State 

20 agency and local board in conjunction with 

21 section 122) that lead to an industry-rec22 ognized, nationally portable, and regionally 

23 relevant credential. 

24 ‘‘(v) RULE OF CONSTRUCTION.— 

25 Nothing in clause (iv) or section 


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1 129(c)(1)(C) shall be construed to require 

2 an entity with responsibility for selecting 

3 or approving a workforce investment activi4 ties program to select a program that leads 

5 to a credential specified in clause (iv).’’. 

6 (d) STATE ADMINISTRATION.— 

7 (1) GENERAL EMPLOYMENT AND TRAINING AC8 TIVITIES.—Section 122(b)(2)(D) of the Workforce 

9 Investment Act of 1998 (29 U.S.C. 2842(b)(2)(D)) 

10 is amended— 

11 (A) in clause (ii), by striking ‘‘and’’ at the 

12 end; 

13 (B) in clause (iii), by striking the period 

14 and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(iv) in the case of a provider of a 

17 program of training services that leads to 

18 an industry-recognized, nationally portable, 

19 and regionally relevant credential, that the 

20 program leading to the credential meets 

21 such quality criteria as the Governor shall 

22 establish not later than 6 months after the 

23 date of enactment of the Careers through 

24 Responsive, Efficient, and Effective Re25 training Act.’’. 


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1 (2) YOUTH ACTIVITIES.—Section 123 of the 

2 Workforce Investment Act of 1998 (29 U.S.C. 2843) 

3 is amended by inserting ‘‘(including such quality cri4 teria as the Governor shall establish not later than 

5 6 months after the date of enactment of the Careers 

6 through Responsive, Efficient, and Effective Re7 training Act for a training program that leads to an 

8 industry-recognized, nationally portable, and region9 ally relevant credential)’’ after ‘‘plan’’. 

10 (e) REPORT ON INDUSTRY-RECOGNIZED CREDEN11 TIALS.—Section 122 of the Workforce Investment Act of 

12 1998 (29 U.S.C. 2842) is amended by adding at the end 

13 the following: 

14 ‘‘(j) REPORT ON INDUSTRY-RECOGNIZED CREDEN15 TIALS.— 

16 ‘‘(1) DATA COLLECTION.—Each State shall 

17 submit to the Secretary data on programs deter18 mined, under section 129(c)(1)(C) or 

19 134(d)(4)(F)(iv), to lead to industry-recognized and 

20 regionally relevant credentials, and on the need of 

21 that State for such credentials. 

22 ‘‘(2) REPORT.—Based on data provided by the 

23 States under paragraph (1), the Secretary shall an24 nually compile the data and prepare a report identi25 fying industry-recognized credentials that are regionVerDate Mar 15 2010 02:49 Sep 27, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3599.IS S3599

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1 ally relevant or nationally portable. The report shall 

2 include information on the needs of each State and 

3 of the Nation for such credentials. 

4 ‘‘(3) AVAILABILITY.—The Secretary shall make 

5 the report available on a Web site. 

6 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

7 this subsection shall be construed as an official en8 dorsement of a credential by the Department of 

9 Labor.’’. 

10 SEC. 3. ESTABLISHING INCENTIVES FOR ACCOUNTABILITY. 

11 (a) PROGRAM.—Subtitle B of title I of the Workforce 

12 Investment Act of 1998 is amended by inserting after sec13 tion 112 (29 U.S.C. 2822) the following: 

14 ‘‘SEC. 112A. PAY FOR PERFORMANCE PILOT PROGRAM. 

15 ‘‘(a) ESTABLISHMENT.— 

16 ‘‘(1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of the Careers through Re18 sponsive, Efficient, and Effective Retraining Act, the 

19 Secretary of Labor shall establish a Pay for Per20 formance pilot program. The Secretary shall select 

21 not fewer than 5 States, including at least 1 rural 

22 State, to participate in the pilot program by carrying 

23 out a Pay for Performance State program. 

24 ‘‘(2) VOLUNTARY NATURE OF PROGRAM.— 

25 Nothing in this subtitle shall be construed to require 


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1 a State to participate in the pilot program without 

2 the State’s consent. 

3 ‘‘(3) DEFINITION.—In this subsection, the term 

4 ‘rural State’ means a State that has a population 

5 density of 52 or fewer persons per square mile, or 

6 a State in which the largest county has fewer than 

7 150,000 people, as determined on the basis of the 

8 most recent decennial census of population con9 ducted pursuant to section 141 of title 13, United 

10 States Code. 

11 ‘‘(b) SUBMISSION OF PLANS.—To be eligible to par12 ticipate in the pilot program, a State shall submit to the 

13 Secretary and obtain approval of a Pay for Performance 

14 plan described in section 112(e) as a supplement to the 

15 State plan described in section 112. The State shall sub16 mit the supplement in accordance with such process as 

17 the Secretary may specify after consultation with States. 

18 ‘‘(c) IMPLEMENTATION.— 

19 ‘‘(1) IN GENERAL.—In a State that carries out 

20 a Pay for Performance State program, the State 

21 shall reserve and the local areas shall use the 

22 amount described in paragraph (2) to provide a por23 tion of the training services authorized under section 

24 134(d)(4) (referred to in this section as ‘training 

25 services’) under the State’s Pay for Performance 


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1 plan, in addition to the other requirements of this 

2 Act. 

3 ‘‘(2) AMOUNT.—The amount reserved under 

4 paragraph (1) shall be— 

5 ‘‘(A) a portion of not more than 25 per6 cent, as determined by the State, of the funds 

7 available to be allocated under section 133(b) 

8 within the State, and estimated by the State to 

9 be available for training services, for the fiscal 

10 year involved; and 

11 ‘‘(B) a portion of not more than 17.5 per12 cent, as determined by the State, of the grant 

13 funds awarded under section 211(b) for the 

14 State (which portion shall be taken from the 

15 funds described in paragraphs (2) and (3) of 

16 section 222(a)) for the fiscal year involved. 

17 ‘‘(d) TRAINING AND TECHNICAL ASSISTANCE.—The 

18 Secretary shall provide, by grant or contract, training and 

19 technical assistance to States, and local areas in States, 

20 carrying out a Pay for Performance State program. 

21 ‘‘(e) STATE REPORTS.—Each State carrying out a 

22 Pay for Performance State program shall annually pre23 pare and submit to the Secretary a report regarding the 

24 performance of the State on the outcome measures de25 scribed in section 112(e)(2)(C). 


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1 ‘‘(f) EVALUATIONS.— 

2 ‘‘(1) IN GENERAL.—Not later than 1 year after 

3 the conclusion of the transition period described in 

4 section 112(e)(2)(H), the Secretary shall enter into 

5 an arrangement for an entity to carry out an inde6 pendent evaluation of Pay for Performance State 

7 programs carried out under this subtitle. 

8 ‘‘(2) CONTENTS.—For each Pay for Perform9 ance State program, the entity shall evaluate the 

10 program design and performance on the outcome 

11 measures, and estimate public returns on invest12 ment, including such returns as reduced dependence 

13 on public assistance, reduced unemployment, and in14 creased tax revenue paid by participants exiting the 

15 program for employment. 

16 ‘‘(3) REPORT.—The entity shall prepare a re17 port containing the results of the evaluation, and 

18 submit the report to the Secretary, not later than 18 

19 months after the conclusion of the transition period. 

20 ‘‘(g) REPORT TO CONGRESS.—Not later than 3 

21 months after the submission of the report described in 

22 subsection (f)(3), the Secretary shall prepare and submit 

23 to Congress a report that contains the results of the eval24 uations described in subsection (f) and recommendations. 

25 The recommendation shall include the Secretary’s opinVerDate Mar 15 2010 02:49 Sep 27, 2012 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3599.IS S3599

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1 ions concerning whether the pilot program should be con2 tinued and whether the pay for performance model should 

3 be expanded within this Act, and related considerations. 

4 ‘‘(h) PERFORMANCE.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), section 136 of this Act shall not apply to 

7 a State, or a local area in a State, with respect to 

8 activities carried out through a Pay for Performance 

9 State program. 

10 ‘‘(2) FISCAL AND MANAGEMENT ACCOUNT11 ABILITY INFORMATION SYSTEMS.—Section 136(f)(1) 

12 shall apply with respect to reporting and monitoring 

13 of the use of funds under this section for activities 

14 described in paragraph (1).’’. 

15 (b) PAY FOR PERFORMANCE PLAN.—Section 112 of 

16 the Workforce Investment Act of 1998 (29 U.S.C. 2822) 

17 is amended by adding at the end the following: 

18 ‘‘(e) PAY FOR PERFORMANCE PLANS.— 

19 ‘‘(1) IN GENERAL.—For a State seeking to 

20 carry out a Pay for Performance State program (re21 ferred to in this subsection as a ‘State program’) 

22 under the pilot program described in section 112A, 

23 the State plan shall include a plan supplement, con24 sisting of a Pay for Performance plan developed by 

25 the State and local areas in the State. 


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1 ‘‘(2) CONTENTS.—The Pay for Performance 

2 plan shall, with respect to the State program— 

3 ‘‘(A) provide for technical support to local 

4 areas and providers in order to carry out a pay 

5 for performance model, which shall at a min6 imum provide assistance with data collection 

7 and data entry requirements; 

8 ‘‘(B) specify target populations who are el9 igible to receive training services authorized 

10 under section 134(d)(4) (referred to in this sub11 section as ‘training services’) through the State 

12 program, with appropriate consideration of and 

13 participation targets for special participant pop14 ulations that face multiple barriers to employ15 ment, as defined in section 134(d)(4)(G)(iv); 

16 ‘‘(C) specify employment placement, em17 ployment retention, and earnings outcome 

18 measures and timetables for each target popu19 lation; 

20 ‘‘(D) provide for curricula in terms of com21 petencies required for education and career ad22 vancement that are, where feasible, tied to in23 dustry-recognized credentials and related stand24 ards, or State licensing requirements; 


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1 ‘‘(E) describe how the State or local areas 

2 will provide information to participants in the 

3 State program about appropriate support serv4 ices, where feasible, including career assessment 

5 and counseling, case management, child care, 

6 transportation, financial aid, and job placement 

7 services; 

8 ‘‘(F) specify a fixed amount that, except as 

9 provided in subparagraph (H), local areas in 

10 the State will pay to providers of training serv11 ices in the State program, for each eligible par12 ticipant who achieves the applicable outcome 

13 measures, according to the timetables described 

14 in subparagraph (C), which amount— 

15 ‘‘(i) shall represent 115 percent of the 

16 historical cost of providing training serv17 ices to a participant under this subtitle, as 

18 established by the State or local area in19 volved; and 

20 ‘‘(ii) may vary by target population; 

21 ‘‘(G) provide assurances that— 

22 ‘‘(i) no funds reserved for the State 

23 program will be paid to a provider for a 

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1 come measures according to the timetables; 

2 and 

3 ‘‘(ii) each local area in the State will 

4 reallocate funds not paid to a provider, be5 cause the achievement described in clause 

6 (i) did not occur, for further activities 

7 under the State program in the local area; 

8 and 

9 ‘‘(H) specify a transition period of not 

10 more than 1 year during which the reserved 

11 funds may be paid to providers of training serv12 ices based on the previous year’s performance 

13 on the core indicators of performance described 

14 in 136(b)(2)(A)(i), in order to enable the pro15 viders to begin to provide services under the 

16 State program and adjust to a pay for perform17 ance model, including adjusting by— 

18 ‘‘(i) developing partnerships with local 

19 employers; and 

20 ‘‘(ii) seeking financial support and 

21 volunteer services from private sector 

22 sources. 

23 ‘‘(3) APPROVAL.—In determining whether to 

24 approve the plan supplement, the Secretary shall 

25 consider the quality of the data system the State will 


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1 use to track performance on outcome measures in 

2 carrying out a Pay for Performance plan.’’. 

3 (c) CONFORMING AMENDMENTS.— 

4 (1) USE OF FUNDS.—Section 211(b)(2) of the 

5 Workforce Investment Act of 1998 (20 U.S.C. 

6 9211(b)(2)) is amended by inserting ‘‘or training 

7 services in accordance with section 112A(c)’’ before 

8 the period at the end. 

9 (2) FUNDING.—Section 223(a) of the Work10 force Investment Act of 1998 (20 U.S.C. 9223(a)) 

11 is amended— 

12 (A) by redesignating paragraph (8) as 

13 paragraph (12), and moving that paragraph to 

14 the end of that section 223(a); and 

15 (B) by inserting after paragraph (7) the 

16 following: 

17 ‘‘(8) Providing training services in accordance 

18 with section 112A(c).’’. 

19 SEC. 4. PROVIDING A JOB TRAINING REORGANIZATION 

20 PLAN FOR THE FEDERAL WORKFORCE IN21 VESTMENT SYSTEM. 

22 (a) DEFINITIONS.—In this section: 

23 (1) FEDERAL JOB TRAINING PROGRAM.—The 

24 term ‘‘Federal job training program’’ means any 

25 federally funded employment and training program, 


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1 including the programs identified in the Government 

2 Accountability Office report. 

3 (2) GOVERNMENT ACCOUNTABILITY OFFICE RE4 PORT.—The term ‘‘Government Accountability Of5 fice report’’ means the January 2011 report of the 

6 Government Accountability Office entitled ‘‘Multiple 

7 Employee and Training Programs: Providing Infor8 mation on Colocating Services and Consolidating Ad9 ministrative Structures Could Promote Efficiencies’’ 

10 (GAO–11–92). 

11 (3) INDIVIDUAL WITH A BARRIER TO EMPLOY12 MENT.—The term ‘‘individual with a barrier to em13 ployment’’ means a job seeker who— 

14 (A) is economically disadvantaged; 

15 (B) has limited English proficiency; 

16 (C) requires remedial education; 

17 (D) is an older worker; 

18 (E) is an individual who has completed a 

19 sentence for a criminal offense; or 

20 (F) has another barrier to employment, as 

21 defined by the Director of the Office of Man22 agement and Budget. 

23 (b) REORGANIZATION PLAN.— 

24 (1) PREPARATION.—The Director of the Office 

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1 tion as the ‘‘Director’’) shall prepare a plan to reor2 ganize Federal job training programs to increase 

3 their efficiency, integration, and alignment. The plan 

4 shall include a proposal to decrease the number of 

5 Federal job training programs without decreasing 

6 services or accessibility to services for eligible job 

7 training participants, including individuals with bar8 riers to employment. In preparing the plan, the Di9 rector shall demonstrate that the Director consid10 ered the findings of the Government Accountability 

11 Office report, and input from the States, local work12 force investment boards, businesses, workforce advo13 cates and community organizations, labor organiza14 tions, and relevant education-related organizations. 

15 (2) SUBMISSION.—Not later than 12 months 

16 after the date of enactment of this Act, the Director 

17 shall submit the reorganization plan to the appro18 priate committees of Congress. 

19 SEC. 5. USING THE NATIONAL DIRECTORY OF NEW HIRES 

20 INFORMATION TO ASSIST IN ADMINISTRA21 TION OF WORKFORCE INVESTMENT ACT PRO22 GRAMS. 

23 Section 453(j) of the Social Security Act (42 U.S.C. 

24 653(j)) is amended by adding at the end the following: 


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1 ‘‘(12) INFORMATION COMPARISONS AND DIS2 CLOSURE TO ASSIST IN ADMINISTRATION OF WORK3 FORCE INVESTMENT ACT PROGRAMS.— 

4 ‘‘(A) IN GENERAL.—If, for purposes of ad5 ministering a program of workforce investment 

6 activities carried out under subtitle B of title I 

7 of the Workforce Investment Act of 1998, a 

8 State agency responsible for the administration 

9 of such program transmits to the Secretary the 

10 names and social security account numbers of 

11 individuals, the Secretary shall disclose to such 

12 State agency information on such individuals 

13 and their employers maintained in the National 

14 Directory of New Hires, subject to this para15 graph. 

16 ‘‘(B) CONDITION ON DISCLOSURE BY THE

17 SECRETARY.—The Secretary shall make a dis18 closure under subparagraph (A) only to the ex19 tent that the Secretary determines that the dis20 closure would not interfere with the effective 

21 operation of the program under this part. 

22 ‘‘(C) USE AND DISCLOSURE OF INFORMA23 TION BY STATE AGENCIES.— 

24 ‘‘(i) IN GENERAL.—A State agency 

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1 vided under this paragraph except for pur2 poses of administering a program referred 

3 to in subparagraph (A) (including meas4 uring performance under section 136 of 

5 the Workforce Investment Act of 1998 and 

6 preparing reports under subsection (d) of 

7 such section, subject to this paragraph). 

8 ‘‘(ii) INFORMATION SECURITY.—The 

9 State agency shall have in effect data secu10 rity and control policies that the Secretary 

11 finds adequate to ensure the security of in12 formation obtained under this paragraph 

13 and to ensure that access to such informa14 tion is restricted to authorized persons for 

15 purposes of authorized uses and disclo16 sures. 

17 ‘‘(iii) PENALTY FOR MISUSE OF IN18 FORMATION.—An officer or employee of 

19 the State agency who fails to comply with 

20 this subparagraph shall be subject to the 

21 sanctions under subsection (l)(2) to the 

22 same extent as if such officer or employee 

23 was an officer or employee of the United 

24 States. 


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1 ‘‘(D) PROCEDURAL REQUIREMENTS.— 

2 State agencies requesting information under 

3 this paragraph shall adhere to uniform proce4 dures established by the Secretary governing in5 formation requests and data matching under 

6 this paragraph. 

7 ‘‘(E) WAIVER OF REQUIREMENT TO REIM8 BURSE COSTS.—Notwithstanding subsection 

9 (k)(3), a State agency shall not be required to 

10 reimburse the Secretary for the costs incurred 

11 by the Secretary in furnishing information re12 quested under this paragraph to the State 

13 agency.’’. 

Æ 


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