1021 
diately succeeding program year under 
chapter 2 or 3 of subtitle B for the pro-
gram subject to the performance failure; 
‘‘(ii) in the case of such failure, as de-
scribed in paragraph (1), for a third con-
secutive year, the development of a reorga-
nization plan through which the Governor 
shall— 
‘‘(I) require the appointment and 
certification of a new local board, con-
sistent with the criteria established 
under section 107(b); 
‘‘(II) prohibit the use of one-stop 
delivery system contractors or service 
providers identified as achieving a 
poor level of performance; and 
‘‘(III) redesignate a local area 
(which may include merging a local 
area with another local area), if the 
Governor determines that the likely 
cause of such continued performance 
failure of a local area is due to such 
local area’s designation being granted 
without the appropriate consideration 
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1022 
of parameters described under section 
106(b)(1)(B); or 
‘‘(iii) taking another significant action 
determined appropriate by the Governor.’’; 
(B) in subparagraph (B)(i), by inserting 
‘‘(ii)’’ after ‘‘subparagraph (A)’’; and 
(C) by adding at the end the following: 
‘‘(D) REALLOCATION
OF
REDUCTIONS.— 
With respect to any amounts available to carry 
out section 128(b), paragraph (2)(A) or (3) of 
section 133(b), and section 133(b)(2)(B) to a 
Governor for a program year which would (in 
the absence of subparagraph (A)(i)) have other-
wise been allocated by such Governor to a local 
area (referred to individually in this subpara-
graph as an ‘unallocated amount’) for such pro-
gram year— 
‘‘(i) 10 percent of those 3 unallocated 
amounts shall be reserved by the Governor 
to provide technical assistance to local 
areas within the State that were subject to 
a reduction of allocation amounts pursuant 
to subparagraph (A)(i) for such program 
year; and 
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‘‘(ii) the amounts remaining after the 
reservations under clause (i) shall be re-
allocated by the Governor, to the local 
areas within the State that were not sub-
ject to a reduction of allocation amounts 
pursuant to subparagraph (A)(i) for such 
program year, in a manner determined by 
the Governor, which may take into consid-
eration the extent to which local areas 
serve a significant number, as determined 
by the Governor, of individuals with bar-
riers to employment.’’. 
(f) ESTABLISHING
PAY-FOR-PERFORMANCE
CON-
TRACT STRATEGY INCENTIVES.—Section 116(h) of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3141(h)) is amended by striking ‘‘non-Federal funds’’ and 
inserting ‘‘not more than 5 percent of the funds reserved 
under section 128(a)(1)’’. 
(g) INFORMATION AND TECHNICAL ASSISTANCE.— 
Section 116 of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3141) is amended— 
(1) by redesignating subsection (i) as subsection 
(j); and 
(2) by inserting after subsection (h) the fol-
lowing: 
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1024 
‘‘(i) INFORMATION AND TECHNICAL ASSISTANCE.— 
Beginning not later than 12 months after the date of en-
actment of the A Stronger Workforce for America Act, 
the Secretary of Labor shall hold meetings with each State 
board and State agency that administers a core program, 
and that requests such a meeting, to provide information 
and technical assistance concerning the performance ac-
countability measures established in accordance with sub-
section (b), and related requirements for States under this 
section.’’. 
(h) FISCAL AND MANAGEMENT ACCOUNTABILITY IN-
FORMATION SYSTEMS.—Section 116(j) of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 3141(j)), as 
so redesignated, is amended— 
(1) in the first sentence of paragraph (2), by 
inserting ‘‘, and may use information provided from 
the National Directory of New Hires in accordance 
with section 453(j)(8) of the Social Security Act (42 
U.S.C. 653(j)(8))’’ after ‘‘State law’’; 
(2) by redesignating paragraph (3) as para-
graph (4); and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) DESIGNATED
ENTITY.—The Governor 
shall designate a State agency (or appropriate State 
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1025 
entity) to assist in carrying out the performance re-
porting requirements of this section for core pro-
grams and eligible providers of training services. 
The designated State agency (or appropriate State 
entity) shall be responsible for— 
‘‘(A) facilitating data matches using quar-
terly wage record information, including wage 
record information made available by other 
States, to measure employment and earnings 
outcomes; 
‘‘(B) notifying State agencies that admin-
ister core programs and eligible providers of 
training services of the State’s procedures for 
data validation and reliability, as described in 
subsection (d)(5); and 
‘‘(C) protection against disaggregation that 
would violate applicable privacy standards, as 
described in subsection (d)(6)(C).’’. 
(i) IMPLEMENTATION OF PERFORMANCE ACCOUNT-
ABILITY MEASURES.—Section 116 of the Workforce Inno-
vation and Opportunity Act (29 U.S.C. 3141) is amended 
by adding at the end the following: 
‘‘(k) IMPLEMENTATION OF PERFORMANCE ACCOUNT-
ABILITY MEASURES.—Not later than 12 months after the 
date of enactment of the A Stronger Workforce for Amer-
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ica Act, the Secretary of Labor and the Secretary of Edu-
cation shall fully implement the requirements of this sec-
tion for programs described in subsection (b)(3)(A)(iv), in-
cluding— 
‘‘(1) developing and disseminating the objective 
statistical adjustment model described in subsection 
(b)(3)(A)(viii) and using the model as described in 
subsection (b)(3)(A)(viii) for each program; and 
‘‘(2) notifying the State agencies carrying out 
such programs of the performance accountability 
measures established under this section, of the re-
porting and evaluation requirements for such pro-
grams, and of the sanctions requirements for pro-
grams that fail to meet State adjusted levels of per-
formance under subsection (b)(3)(A)(iv).’’. 
Subtitle C—Workforce Investment 
Activities and Providers 
CHAPTER 1—WORKFORCE INVESTMENT 
ACTIVITIES AND PROVIDERS 
SEC. 121. ESTABLISHMENT OF ONE-STOP DELIVERY SYS-
TEMS. 
(a) ONE-STOP PARTNERS.—Section 121(b) of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3151(b)) is amended— 
(1) in paragraph (1)— 
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(A) in subparagraph (B)— 
(i) in clause (xi), by inserting ‘‘and’’ 
at the end; 
(ii) by striking clause (xii); and 
(iii) by redesignating clause (xiii) as 
clause (xii); and 
(B) in subparagraph (C), by striking ‘‘sub-
paragraph (B)(xiii)’’ and inserting ‘‘subpara-
graph (B)(xii)’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking 
‘‘With’’ and inserting ‘‘At the direction of the 
Governor or with’’; and 
(B) in subparagraph (B)— 
(i) in clause (vi), by striking ‘‘and’’ at 
the end; 
(ii) by redesignating clause (vii) as 
clause (viii); 
(iii) by inserting after clause (vi) the 
following: 
‘‘(vii) any applicable economic devel-
opment and workforce development pro-
grams carried out in the State— 
‘‘(I) by the Economic Develop-
ment Administration; 
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‘‘(II) under Public Law 117–167 
(commonly known as the ‘CHIPS and 
Science Act of 2022’); 
‘‘(III) under the Infrastructure 
Investment and Jobs Act (Public Law 
117–58); or 
‘‘(IV) under Public Law 117–168 
(commonly known as the ‘Inflation 
Reduction Act of 2022’); and’’; and 
(iv) in clause (viii), as so redesig-
nated— 
(I) by inserting ‘‘opportunity 
youth services,’’ after ‘‘education,’’; 
and 
(II) by inserting ‘‘, by commu-
nity-based organizations,’’ after ‘‘li-
braries’’. 
(b) MEMORANDUM
OF UNDERSTANDING.—Section 
121(c)(2)(A)(iv) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3151(c)(2)(A)(iv)) is amended by 
striking ‘‘access to services, including access to technology 
and materials, made’’ and inserting ‘‘access or referral to 
services, including access or referral to technology, mate-
rials, and other supportive services, made’’. 
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1029 
(c) ONE-STOP OPERATORS.—Section 121(d) of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3151(d)) is amended— 
(1) in paragraph (1), by striking ‘‘paragraphs 
(2) and (3)’’ and inserting ‘‘paragraphs (2) and 
(5)’’; 
(2) in paragraph (2)(B)— 
(A) in the matter preceding clause (i), by 
inserting ‘‘(including effectiveness in serving in-
dividuals with barriers to employment)’’ after 
‘‘demonstrated effectiveness’’; 
(B) in clause (i), by inserting after ‘‘edu-
cation’’ the following: ‘‘or an area career and 
technical education school’’; 
(C) in clause (v), by striking ‘‘and’’; 
(D) by redesignating clause (vi) as clause 
(viii); 
(E) by inserting after clause (v) the fol-
lowing: 
‘‘(vi) a public library; 
‘‘(vii) a local board that meets the re-
quirements of paragraph (4); and’’; and 
(F) in clause (viii), as so redesignated, by 
inserting after ‘‘labor organization’’ the fol-
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lowing: ‘‘or joint labor-management organiza-
tion’’; 
(3) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and (6), respectively; and 
(4) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) RESPONSIBILITIES.— 
‘‘(A) IN GENERAL.—In operating a one- 
stop delivery system referred to in subsection 
(e), a one-stop operator— 
‘‘(i) shall— 
‘‘(I) manage the physical and vir-
tual infrastructure and operations of 
the one-stop delivery system in the 
local area; 
‘‘(II) 
facilitate 
coordination 
among the one-stop partners in such 
one-stop delivery system; and 
‘‘(III) take the necessary steps to 
ensure efficient and effective service 
delivery for individuals served by the 
one-stop delivery system, including in-
dividuals with barriers to employment; 
and 
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1031 
‘‘(ii) may, subject to the requirements 
under subparagraph (B), directly provide 
services to job seekers and employers. 
‘‘(B) INTERNAL CONTROLS.—In a case in 
which a one-stop operator seeks to operate as a 
service provider pursuant to subparagraph 
(A)(ii), the local board shall establish internal 
controls (which shall include written policies 
and procedures)— 
‘‘(i) with respect to the competition in 
which the one-stop operator will compete to 
be selected as such service provider, and 
the subsequent oversight, monitoring, and 
evaluation of the performance of such one- 
stop operator as such service provider; and 
‘‘(ii) which— 
‘‘(I) require compliance with— 
‘‘(aa) 
relevant 
Office 
of 
Management and Budget circu-
lars relating to conflicts of inter-
est; and 
‘‘(bb) any applicable State 
conflict of interest policy; and 
‘‘(II) prohibit a one-stop operator 
from developing, managing, or con-
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ducting the competition in which the 
operator intends to compete to be se-
lected as a service provider. 
‘‘(4) LOCAL
BOARDS
AS
ONE-STOP
OPERA-
TORS.—Subject to approval from the chief elected 
official and Governor and in accordance with any 
other eligibility criteria established by the State, a 
local board may serve as a one-stop operator, if the 
local board— 
‘‘(A) enters into a written agreement with 
the chief elected official that clarifies how the 
local board will carry out the functions and re-
sponsibilities as a one-stop operator in a man-
ner that complies with the appropriate internal 
controls to prevent any conflicts of interest, 
which shall include how the local board, while 
serving as a one-stop operator, will— 
‘‘(i) comply with the relevant Office of 
Management and Budget circulars relating 
to conflicts of interest; and 
‘‘(ii) any applicable State conflict of 
interest policy; and 
‘‘(B) complies with the other applicable re-
quirements of this subsection.’’. 
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1033 
(d) ONE-STOP DELIVERY.—Section 121(e) of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3151(e)) is amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraphs (D) 
and (E) as subparagraphs (E) and (F), respec-
tively; and 
(B) by inserting after subparagraph (C) 
the following: 
‘‘(D) provide referrals to supportive serv-
ices, to the extent practicable;’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A), to read as fol-
lows: 
‘‘(A) shall make each of the programs, 
services (meaning a referral in the case of sup-
portive services, for the purposes of this para-
graph), and activities described in paragraph 
(1) available— 
‘‘(i) at not less than 1 physical or vir-
tual center for each local area of the State, 
except that, in the case of 1 or more local 
areas that share at least 1 common border, 
each such local area may share— 
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‘‘(I) a virtual center if the local 
area complies with subparagraph (E); 
or 
‘‘(II) a physical center, if such 
center is located in a location that 
promotes accessibility to services for 
individuals residing in all such local 
areas served by the center; and 
‘‘(ii) in a manner that is designed to 
promote efficiency, coordination, quality, 
and accessibility for individuals with bar-
riers to employment, as determined by the 
local board, in the delivery of such pro-
grams, services, and activities;’’; 
(B) in subparagraph (B)(i), by inserting 
after ‘‘affiliated sites’’ the following: ‘‘(such as 
a site of any of the entities described in sub-
section (d)(2)(B))’’; 
(C) in subparagraph (C)— 
(i) by inserting after ‘‘centers’’ the 
following: ‘‘(which may be virtual or phys-
ical centers)’’; and 
(ii) by striking ‘‘and’’ at the end; 
(D) in subparagraph (D)— 
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1035 
(i) by striking ‘‘as applicable and 
practicable, shall’’ and inserting ‘‘in the 
case of a one-stop delivery system that is 
making each of the programs, services, and 
activities described in paragraph (1) acces-
sible at not less than 1 physical center, as 
described in subparagraph (A)(i)(II), shall, 
as applicable and practicable,’’; and 
(ii) by striking the period at the end 
and inserting ‘‘, and local areas that share 
at least 1 common border may coordinate 
in making such programs, services, and ac-
tivities accessible through electronic means 
through such a one-stop delivery system; 
and’’; and 
(E) by inserting after subparagraph (D) 
the following: 
‘‘(E) in the case of a one-stop delivery sys-
tem that is making each of the programs, serv-
ices, and activities accessible through electronic 
means, as described in subparagraph (A)(i)(I), 
shall have not fewer than 2 affiliated sites (not 
fewer than 1 of which will have not fewer than 
1 professional staff member) with a physical lo-
cation where individuals can access, virtually, 
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1036 
each of the programs, services, and activities 
described in paragraph (1) that are virtually ac-
cessible.’’; and 
(3) in paragraph (4), by inserting after the first 
sentence the following: ‘‘The system identifier shall 
be prominently and visibly displayed at each com-
prehensive and specialized one-stop center operated 
by the one-stop delivery system, including physical 
and virtual centers identified in paragraph (2)(A), 
and the sites and centers described in subparagraphs 
(B) through (E) of paragraph (2).’’. 
(e) CERTIFICATION AND IMPROVEMENT CRITERIA.— 
Section 121(g)(2)(A) of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3151(g)(2)(A)) is amended 
by striking ‘‘under subsections (h)(1)’’ and inserting 
‘‘under subsections (h)(1)(C)’’. 
(f) FUNDING OF ONE-STOP INFRASTRUCTURE.—Sec-
tion 121(h) of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3151(h)) is amended— 
(1) by striking paragraph (1); 
(2) by redesignating paragraphs (2) and (3) as 
paragraphs (1) and (2), respectively; 
(3) in paragraph (1), as so redesignated— 
(A) by amending subparagraph (B) to read 
as follows: 
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1037 
‘‘(B) PARTNER CONTRIBUTIONS.—Subject 
to subparagraph (D), the covered portions of 
funding for a fiscal year shall be provided to 
the Governor from the programs described in 
subsection (b)(1) to pay the costs of infrastruc-
ture of one-stop centers in local areas of the 
State.’’; 
(B) in subparagraph (C)(i)— 
(i) by striking ‘‘for funding pursuant 
to clause (i)(II) or (ii) of paragraph (1)(A) 
by each partner,’’; and 
(ii) by striking the third sentence; and 
(C) in subparagraph (D)— 
(i) in clause (ii), by striking ‘‘For 
local areas in a State that are not covered 
by paragraph (1)(A)(i)(I), the’’ and insert-
ing ‘‘The’’; 
(ii) in clause (ii)— 
(I) in subclause (I)— 
(aa) by striking ‘‘WIA’’ in 
the 
header 
and 
inserting 
‘‘WIOA’’; and 
(bb) by striking ‘‘3 percent’’ 
and inserting ‘‘5 percent’’; and 
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1038 
(II) by striking subclause (III) 
and inserting the following: 
‘‘(III) VOCATIONAL REHABILITA-
TION.—Notwithstanding 
subclauses 
(I) and (II), an entity administering a 
program 
described 
in 
subsection 
(b)(1)(B)(iii) shall not be required to 
provide from that program, under this 
paragraph, a portion that exceeds 1.5 
percent of the amount of Federal 
funds provided to carry out such pro-
gram in the State for a program 
year.’’; and 
(iii) in clause (iii), by striking ‘‘For 
local areas in a State that are not covered 
by paragraph (1)(A)(i)(I), an’’ and insert-
ing ‘‘An’’; 
(4) in paragraph (2), as so redesignated— 
(A) in subparagraph (A), by striking ‘‘pur-
poses of assisting in’’ and inserting ‘‘purpose 
of’’; and 
(B) in subparagraph (B)— 
(i) in the first sentence, by striking 
‘‘not funding costs of infrastructure under 
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1039 
the 
option 
described 
in 
paragraph 
(1)(A)(i)(I)’’; and 
(ii) in the second sentence, by insert-
ing after ‘‘local area,’’ the following: ‘‘the 
intensity of services provided by such cen-
ters, the number and types of one-stop 
partners engaged by or providing services 
through such centers’’; 
(5) by inserting after paragraph (2), as so re-
designated, the following: 
‘‘(3) SUPPLEMENTAL INFRASTRUCTURE FUND-
ING.—For any fiscal year in which the allocation re-
ceived by a local area under paragraph (2) is insuffi-
cient to cover the total costs of infrastructure of 
one-stop centers in such local area, the local board, 
the chief elected official, and the one-stop partners 
that have entered into the local memorandum of un-
derstanding with the local board under subsection 
(c) may agree to fund the remainder of any such 
costs using a method described in such memo-
randum.’’; and 
(6) in paragraph (4), by inserting after ‘‘oper-
ation of the one-stop center’’ the following: ‘‘(wheth-
er for in-person or virtual service delivery)’’. 
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1040 
(g) OTHER FUNDS.—Section 121(i)(2) of the Work-
force Innovation and Opportunity Act (29 U.S.C. 
3151(i)(2)) is amended by striking ‘‘intake,’’ and all that 
follows through ‘‘skills,’’ and inserting ‘‘intake, case man-
agement, assessment of needs, appraisal of foundational 
skill needs,’’. 
SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 
TRAINING SERVICES. 
(a) IN GENERAL.—Section 122 of the Workforce In-
novation and Opportunity Act (29 U.S.C. 3152) is amend-
ed— 
(1) by redesignating subsections (f) through (i) 
as subsections (g) through (j), respectively; 
(2) by striking the section heading and all that 
follows through subsection (e) and inserting the fol-
lowing: 
‘‘SEC. 122. IDENTIFICATION OF ELIGIBLE PROVIDERS OF 
TRAINING SERVICES. 
‘‘(a) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (i), the Governor, after consultation with the 
State board and considering the State’s adjusted lev-
els 
of 
performance 
described 
in 
section 
116(b)(3)(A)(iv), shall establish— 
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‘‘(A) procedures regarding the eligibility of 
providers of training services to receive funds 
provided under section 133(b) for the provision 
of training services through programs with eli-
gibility under this section (in this section re-
ferred to as ‘eligible programs’) in local areas in 
the State; and 
‘‘(B) the minimum levels of performance 
on the criteria for a program to receive such eli-
gibility. 
‘‘(2) PROVIDERS.—Subject to the provisions of 
this section, to be eligible to receive those funds for 
the provision of training services, the provider shall 
be— 
‘‘(A) an institution of higher education 
that provides a program that leads to a recog-
nized postsecondary credential; 
‘‘(B) an entity that carries out programs 
registered under the Act of August 16, 1937 
(commonly known as the ‘National Apprentice-
ship Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 
50 et seq.); or 
‘‘(C) another public or private provider of 
a program of training services, which may in-
clude joint labor-management organizations, 
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providers of entrepreneurial skills development 
programs, industry or sector partnerships, 
groups of employers, trade or professional asso-
ciations, and eligible providers of adult edu-
cation and literacy activities under title II (if 
such activities are provided in combination with 
occupational skills training or integrated edu-
cation and training programs). 
‘‘(3) INCLUSION
IN
LIST
OF
ELIGIBLE
PRO-
VIDERS.—A provider described in subparagraph (A) 
or (C) of paragraph (2) shall comply with the cri-
teria, information requirements, and procedures es-
tablished under this section to be included on the list 
of eligible providers of training services described in 
subsection (d). A provider described in paragraph 
(2)(B) shall be included and maintained on the list 
of eligible providers of training services described in 
subsection (d) for so long as the corresponding pro-
gram of the provider remains registered as described 
in paragraph (2)(B). 
‘‘(b) 
CRITERIA
AND
INFORMATION
REQUIRE-
MENTS.— 
‘‘(1) GENERAL
CRITERIA
FOR
PROGRAMS.— 
Each provider shall demonstrate to the Governor 
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that the program for which the provider is seeking 
eligibility under this section— 
‘‘(A) prepares participants to meet the hir-
ing requirements of potential employers in the 
State, or a local area within the State, for em-
ployment that— 
‘‘(i) is high-skill and high-wage; or 
‘‘(ii) is in an in-demand industry sec-
tor or occupation; 
‘‘(B) leads to a recognized postsecondary 
credential; 
‘‘(C) has been offered by the provider for 
not less than 1 year; and 
‘‘(D) meets the performance requirements 
for eligibility described in paragraph (2). 
‘‘(2) PERFORMANCE
CRITERIA
FOR
ELIGI-
BILITY.— 
‘‘(A) IN GENERAL.—The Governor shall— 
‘‘(i) establish and publicize minimum 
levels of performance for each of the cri-
teria listed in subparagraph (B) that a 
program offered by a provider of training 
services shall achieve, for all participants 
in the program (including participants for 
whom the provider receives payments 
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under this title) for the program to receive 
and maintain eligibility under this section; 
‘‘(ii) verify the performance achieved 
by such a program with respect to each 
such criterion to determine whether the 
program meets the corresponding min-
imum level of performance established 
under clause (i)— 
‘‘(I) in the case of the criteria de-
scribed in (ii) through (iv) of subpara-
graph (B), using State administrative 
data (such as quarterly wage records); 
and 
‘‘(II) in the case of the criteria 
described in subparagraph (B)(i), 
using any applicable method for such 
verification; and 
‘‘(iii) in verifying the performance 
achievement of a program to make such 
determination, verify that such program 
included a sufficient number of program 
participants to protect participants’ per-
sonally identifiable information, and to 
provide information that is a reliable indi-
cator of performance achievement. 
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‘‘(B) PERFORMANCE CRITERIA.—The per-
formance criteria to receive and maintain eligi-
bility for a program under this section are each 
of the following: 
‘‘(i) The credential attainment rate of 
program participants (calculated as the 
percentage of program participants who 
obtain the recognized postsecondary cre-
dential that the program prepares partici-
pants to earn within 6 months after exit 
from the program). 
‘‘(ii) The job placement rate of pro-
gram participants (calculated as the per-
centage of program participants in unsub-
sidized employment during the second 
quarter after exit from the program). 
‘‘(iii) The median earnings of program 
participants who are in unsubsidized em-
ployment during the second quarter after 
exit from the program. 
‘‘(iv) The ratio of median earnings in-
crease to the total cost of program, cal-
culated as the ratio of— 
‘‘(I) the median value of the dif-
ference between— 
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‘‘(aa) 
participant 
wages 
from unsubsidized employment 
during the second quarter after 
program exit; and 
‘‘(bb) participant wages dur-
ing the quarter prior to entering 
the program; to 
‘‘(II) the total cost of the pro-
gram (as described in paragraph 
(5)(B)(i)(III)). 
‘‘(C) LOCAL
CRITERIA.—With respect to 
any program receiving eligibility under this sec-
tion from a Governor, a local board in the State 
may require higher levels of performance than 
the minimum levels of performance established 
by the Governor under this paragraph for the 
program to be an eligible program in the cor-
responding local area, but may not— 
‘‘(i) require any information or appli-
cation from the provider that is not re-
quired for such eligibility; or 
‘‘(ii) establish a performance require-
ment with respect to any criterion not list-
ed in subparagraph (B). 
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‘‘(3) EMPLOYER-SPONSORED OR INDUSTRY OR 
SECTORAL PARTNERSHIP DESIGNATION.— 
‘‘(A) IN
GENERAL.—The Governor shall 
establish procedures and criteria for a provider 
to demonstrate that a program meets, in apply-
ing for an employer-sponsored designation for a 
program that has received eligibility under this 
subsection, which shall include demonstrating a 
commitment from an employer or an industry 
or sectoral partnership to— 
‘‘(i) pay to the provider, on behalf of 
each participant enrolled in such program 
under this Act, not less than 25 percent of 
the total cost of the program (as described 
in paragraph (5)(B)(i)(III)), which shall be 
provided in lieu of 25 percent of the 
amount that the provider would have oth-
erwise received under section 133(b) for 
the provision of training services by such 
program to such participant; and 
‘‘(ii) guarantee an interview and 
meaningful consideration for a job with the 
employer, or in the case of an industry or 
sector partnership, an employer within 
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such partnership, for each such participant 
that successfully completes the program. 
‘‘(B) RESTRICTION
ON
FINANCIAL
AR-
RANGEMENT.—A provider of a program receiv-
ing an employer-sponsored designation under 
this paragraph may not— 
‘‘(i) have an ownership stake in the 
employer or industry or sectoral partner-
ship making a commitment described in 
subparagraph (A); or 
‘‘(ii) enter into an arrangement to re-
imburse an employer or partnership for the 
costs of a participant paid by such em-
ployer or partnership under this para-
graph. 
‘‘(4) WORKFORCE
INNOVATION
LEADER
DES-
IGNATION.— 
‘‘(A) IN GENERAL.—If the Governor deter-
mines that a program offered by an eligible pro-
vider meets the minimum levels of performance 
described in subparagraph (B) to receive a 
Workforce Innovation Leader (or WIL) des-
ignation, which designates the program as a 
WIL program, the Governor shall grant the 
program designation as a WIL program and in-
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form the provider of such program of their abil-
ity to display the WIL seal, as described in sub-
paragraph (C), in marketing materials. 
‘‘(B) LEVELS.—A eligible program shall 
meet the levels of performance to receive a WIL 
designation if such program has achieved— 
‘‘(i) a credential attainment rate of 
program participants (calculated as the 
percentage of program participants who 
obtain the recognized postsecondary cre-
dential that the program prepares partici-
pants to earn within 6 months after exit 
from the program) of not less than 80 per-
cent; 
‘‘(ii) a job placement rate of program 
participants (calculated as the percentage 
of program participants in unsubsidized 
employment during the second quarter 
after exit from the program) of not less 
than 70 percent; 
‘‘(iii) median earnings of program 
participants who are in unsubsidized em-
ployment during the second quarter after 
exit from the program that are not less 
than 25 percent greater than the State- 
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level median earnings of individuals ages 
25 through 34 in the labor force who have 
only a regular high school diploma or its 
recognized equivalent; and 
‘‘(iv) a ratio of greater than 1.5 of 
median earnings increase to the total cost 
of program, calculated as the ratio of— 
‘‘(I) the median value of the dif-
ference between— 
‘‘(aa) 
participant 
wages 
from unsubsidized employment 
during the second quarter after 
program exit; and 
‘‘(bb) participant wages dur-
ing the quarter prior to entering 
the program; to 
‘‘(II) the total cost of the pro-
gram (as described in paragraph 
(5)(B)(i)(III)). 
‘‘(C) WIL SEAL.—Not later than 2 years 
after the date of enactment of the A Stronger 
Workforce for America Act, the Secretary shall 
design a seal signifying that a program has 
achieved a WIL designation, for the Governor 
of each State to provide to any programs in 
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their State that achieve the performance nec-
essary to receive a WIL designation. 
‘‘(D) LOSS OF WIL DESIGNATION.—If, dur-
ing the annual review of eligibility described in 
subsection (c)(3), the Governor determines that 
a WIL program no longer meets the levels de-
scribed in subparagraph (B) or otherwise has 
eligibility under this section revoked or termi-
nated, or the provider of the program has eligi-
bility terminated under subsection (g)(1)(A), 
the Governor shall revoke the program’s WIL 
designation and inform the provider of such 
program that such provider may no longer dis-
play the WIL seal in marketing materials or 
otherwise. 
‘‘(5) INFORMATION
REQUIREMENTS.—A pro-
vider that seeks to establish eligibility under this 
section, and an eligible provider, shall submit appro-
priate, accurate, and timely information to the Gov-
ernor, to enable the Governor to carry out sub-
section (d), with respect to all participants in each 
eligible program (including participants for whom 
the provider receives payments under this title) of-
fered by the provider, which information shall— 
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‘‘(A) be made available by the State in a 
common, linked, open, and interoperable data 
format; and 
‘‘(B) consist of— 
‘‘(i) information on— 
‘‘(I) in the case of an eligible pro-
vider offering a program who is seek-
ing to maintain eligibility, the per-
formance of the program with respect 
to the indicators described in section 
116(b)(2)(A) for participants in the 
program; 
‘‘(II) the recognized postsec-
ondary credentials received by such 
participants, including, in relation to 
each such credential, the issuing enti-
ty, any third-party endorsements, the 
occupations for which the credential 
prepares individuals, the competencies 
achieved by the individuals, the level 
of mastery of such competencies (in-
cluding how mastery is assessed) 
achieved by the individuals, and any 
transfer value or stackability; 
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‘‘(III) the total cost of the pro-
gram, including the costs of the pub-
lished tuition and fees, supplies, and 
books, and any other costs required 
by the provider, for a participant in 
the program; 
‘‘(IV) the percentage of such par-
ticipants that complete the program 
within the expected time to comple-
tion; and 
‘‘(V) the program’s level of per-
formance on the criteria described in 
paragraph (2) and not otherwise in-
cluded in clause (I) of this clause; and 
‘‘(ii) with respect to employment and 
earnings measures described in subclauses 
(I) through (III) of section 116(b)(2)(A)(i) 
and the performance criteria described in 
subsection (b)(2) for such participants— 
‘‘(I) the necessary information 
for the State to develop program per-
formance data using State adminis-
trative data (such as quarterly wage 
records); and 
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‘‘(II) the necessary information 
to determine the percentage of such 
participants who entered unsubsidized 
employment in an occupation related 
to the program, to the extent prac-
ticable. 
‘‘(6) ELIGIBLE
PROVIDER.—In this section, 
other than subsection (i), a provider of an eligible 
program under this section shall be considered to be 
identified as an eligible provider of training services. 
‘‘(c) PROCEDURES.— 
‘‘(1) APPLICATION
PROCEDURES.—The proce-
dures established under subsection (a) shall identify 
the application process for a provider of training 
services (for a program offered by the provider) to 
become eligible to receive funds provided under sec-
tion 133(b) for the provision of training services. 
That process shall be implemented in a manner that 
minimizes the financial and administrative burden 
on the provider and shall not require the submission 
of information in excess of the information required 
to determine a program’s eligibility under para-
graphs (1), (2), and (5) of subsection (b). The pro-
cedures shall identify the respective roles of the 
State and local areas in receiving and reviewing the 
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applications and in making determinations of such 
eligibility based on the criteria, information require-
ments, and procedures established under this sec-
tion. The procedures shall also establish a process, 
for a provider of training services to appeal a denial 
or revocation or termination of eligibility under this 
section, that includes an opportunity for a hearing 
and prescribes appropriate time limits to ensure 
prompt resolution of the appeal. 
‘‘(2) APPROVAL.—A Governor shall make a de-
termination of such eligibility with respect to a pro-
gram for which the provider is seeking eligibility 
under this section not later than 30 days after re-
ceipt of an application submitted by such provider 
consistent with the procedures in paragraph (1). 
‘‘(3) RENEWAL PROCEDURES.—The procedures 
established by the Governor shall also provide for 
annual review and renewal of eligibility under this 
section for a program of training services that con-
tinues to meet the requirements under paragraphs 
(1), (2), and (5) of subsection (b). 
‘‘(4) REVOCATION OF ELIGIBILITY.—The proce-
dures established under subsection (a) shall adhere 
to the following requirements for revocation of eligi-
bility by the Governor: 
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‘‘(A) FAILURE TO PROVIDE REQUIRED IN-
FORMATION.—With respect to a provider of 
training services that is eligible under this sec-
tion for a program year with respect to an eligi-
ble program, but that does not provide the in-
formation described in subsection (b)(5) with 
respect to such program for such program year 
(including information on performance nec-
essary to determine if the program meets the 
minimum levels of performance on the perform-
ance criteria to maintain eligibility), the pro-
vider shall be ineligible under this section with 
respect to such program for the program year 
after the program year for which the provider 
fails to provide such information. 
‘‘(B) FAILURE
TO
MEET
PERFORMANCE 
CRITERIA.— 
‘‘(i) FIRST YEAR.—The provider of an 
eligible program that has received eligi-
bility under subsection (c)(2) for a pro-
gram year but fails to meet the minimum 
levels of performance on the performance 
criteria described in subsection (b)(2) for 
the most recent program year for which 
performance data on such criteria are 
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available shall be notified of such failure by 
the Governor. 
‘‘(ii) SECOND CONSECUTIVE YEAR.—A 
program that fails to meet the minimum 
levels of performance for a second consecu-
tive program year shall be ineligible under 
this section with respect to such program 
for the program year following such second 
consecutive program year and until the 
program meets the minimum levels of per-
formance. 
‘‘(iii) REAPPLICATION.—A provider 
that loses eligibility under this subpara-
graph with respect to a program may re-
apply to receive eligibility for the program 
according to the procedures described in 
this subparagraph if the program meets 
the minimum levels of performance de-
scribed in clause (i), for the most recent 
program year for which performance data 
on the performance criteria are available. 
‘‘(C) REPEATED FAILURE.—A program for 
which the Governor revokes eligibility under 
subparagraph (A) or (B)— 
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‘‘(i) 2 times shall be determined ineli-
gible under this section by the Governor 
for a period of at least 2 years; 
‘‘(ii) 3 times shall be determined ineli-
gible under the section by the Governor for 
a period of at least 5 years; and 
‘‘(iii) more than 3 times shall be de-
termined ineligible under this section by 
the Governor for a period of at least 10 
years. 
‘‘(5) CONTINUITY OF TRAINING SERVICES.—A 
provider of a program for which the Governor re-
vokes eligibility under paragraph (4) shall— 
‘‘(A) be prohibited from enrolling any new 
participants whose participation would be fund-
ed under section 133(b) in the program and 
from receiving any payments from funds pro-
vided under section 133(b) for any participants 
not already enrolled in the program on the date 
of revocation or termination until and unless 
the Governor determines that the provider has 
demonstrated that the program offered by the 
provider has met the requirements for the pro-
vider to gain the opportunity to reapply for eli-
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gibility under the procedure described in para-
graph (4)(B)(iii); and 
‘‘(B) enable each participant currently en-
rolled in the program, on the date of the rev-
ocation or termination, to complete such pro-
gram. 
‘‘(6) NOTIFICATION OF PROGRAM LOSS OF ELI-
GIBILITY.—The local board serving participants 
whose participation is funded under section 133(b) 
in a program for which eligibility is revoked by the 
Governor under this subsection shall notify such par-
ticipants that such program no longer meets the 
State’s requirements for eligible providers of train-
ing services under this Act and that the participant 
has the opportunity to continue receiving training 
services from such program, in order to complete the 
program. 
‘‘(7) MULTISTATE
PROVIDERS.—The proce-
dures established under subsection (a) shall specify 
the process for any provider of training services of-
fering a program that is eligible under this section 
in a first State to establish eligibility under this sec-
tion in an additional State, which shall, to the extent 
practicable, minimize financial and administrative 
burdens on any such provider by authorizing the 
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provider to submit the same application materials 
and information to the Governor of the additional 
State that was accepted by the Governor granting 
the provider’s eligibility in the first State, as long as 
the program meets the applicable State requirements 
for such eligibility established under subsection (b). 
‘‘(8) ONLINE PROVIDERS.—The procedures es-
tablished under subsection (a) shall apply to a pro-
vider that delivers training services exclusively on-
line. If a participant chooses a provider that delivers 
training services exclusively online and is not located 
in the State of the local area that approved such 
training services for the participant in accordance 
with section 133(c)(3)(A)(i), such provider shall be 
ineligible to receive payment for such participant 
from funds allotted to such State under section 132 
unless such provider is on the list of eligible pro-
viders of training services described in subsection (d) 
for such State with respect to the program involved. 
‘‘(d) LIST AND INFORMATION TO ASSIST PARTICI-
PANTS IN CHOOSING PROVIDERS.— 
‘‘(1) IN GENERAL.—In order to facilitate and 
assist participants in choosing employment and 
training activities and in choosing providers of train-
ing services, the Governor shall ensure that an ap-
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propriate list of providers determined to be eligible 
under this section to offer a program in the State 
(and, as appropriate, in a local area), accompanied 
by information identifying the recognized postsec-
ondary credential offered by the provider and other 
appropriate information, is prepared. 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 in accordance with paragraph (4). 
‘‘(2) CREDENTIAL NAVIGATION FEATURE.— 
‘‘(A) IN GENERAL.—In order to enhance 
the ability of participants and employers to un-
derstand and compare the value of the recog-
nized postsecondary credentials awarded by eli-
gible programs offered by providers of training 
services in a State, the Governor shall establish 
(or develop in partnership with other States), a 
credential navigation feature that allows partici-
pants and the public to search a list of such 
recognized postsecondary credentials, and the 
providers awarding and programs leading to 
such a credential, which shall include, with re-
spect to each such credential (aggregated for all 
participants in the State that have received 
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such credential through an eligible program 
under this section or through, as applicable, an-
other program carried out under this title)— 
‘‘(i) the information required under 
subsection (b)(5)(B)(i)(II); and 
‘‘(ii) the performance of participants 
with respect to the indicators (relating to 
employment and earnings outcomes) de-
scribed in subclauses (I) through (III) of 
section 116(b)(2)(i). 
‘‘(B) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to require 
a State that has a credential navigation feature 
that permits a search of a list containing the 
information described in this paragraph to re-
place such credential navigation feature with 
the feature described in subparagraph (A). 
‘‘(3) ACCOMPANYING
INFORMATION.—The ac-
companying information referred to in paragraph (1) 
shall consist of— 
‘‘(A) with respect to providers described in 
subparagraphs (A) and (C) of subsection (a)(2), 
information 
provided 
by 
such 
providers 
(disaggregated by local areas served, as applica-
ble) in accordance with subsection (b); 
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‘‘(B) with respect to a program described 
in subsection (b)(3) that is offered by a pro-
vider, information promoting the program as 
having an employer-sponsored designation and 
identifying the employer or partnership spon-
soring the program; and 
‘‘(C) with respect to a program described 
in subsection (b)(4) that is offered by a pro-
vider, information promoting the program as 
being a WIL program and displaying the seal 
described in subsection (b)(4)(C). 
‘‘(4) AVAILABILITY.—The list (including the 
credential navigation feature described in paragraph 
(2)), and the accompanying information shall be 
made available to participants and to members of 
the public through the one-stop delivery system in 
the State— 
‘‘(A) on a publicly accessible website 
that— 
‘‘(i) is consumer-tested; and 
‘‘(ii) is searchable, easily understand-
able, and navigable, and allows for the 
comparison of eligible programs through 
the use of language in a common, linked, 
open, and interoperable data format; and 
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‘‘(B) in a manner that does not reveal per-
sonally identifiable information about an indi-
vidual participant. 
‘‘(5) WEBSITE
TECHNICAL
ASSISTANCE.—The 
Secretary shall— 
‘‘(A) upon request, provide technical assist-
ance to a State on establishing a website that 
meets the requirements of paragraph (4); and 
‘‘(B) disseminate to each State effective 
practices or resources from States and private 
sector entities related to establishing a website 
that is consumer-tested to ensure that the 
website is searchable, easily understandable, 
and navigable. 
‘‘(6) LIMITATION.—In carrying out the require-
ments of this subsection, no personally identifiable 
information regarding a student, including a Social 
Security number, student identification number, or 
other identifier, may be disclosed without the prior 
written consent of the student or student’s parent in 
compliance with section 444 of the General Edu-
cation Provisions Act (20 U.S.C. 1232g). 
‘‘(e) OPPORTUNITY TO SUBMIT COMMENTS.—In es-
tablishing, under this section, criteria, procedures, and the 
list of eligible providers described in subsection (d), the 
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Governor shall provide an opportunity for interested mem-
bers of the public to make recommendations and submit 
comments regarding such criteria, procedures, and list. 
‘‘(f) PROVIDER PERFORMANCE INCENTIVES.— 
‘‘(1) IN GENERAL.—The Governor shall estab-
lish a system of performance incentive payments to 
be awarded to eligible providers in addition to the 
amount paid under section 133(b) to such providers 
for the provision of training services to participants 
of eligible programs. Such system of performance in-
centive payments may be established to award the 
payments to providers of eligible programs that— 
‘‘(A) achieve levels of performance above 
the minimum levels established by the Governor 
under subsection (b)(2); 
‘‘(B) serve a significantly higher number of 
individuals with barriers to employment com-
pared to training providers offering similar 
training services; or 
‘‘(C) achieve other performance successes, 
including those related to jobs that provide eco-
nomic stability and upward mobility (such as 
jobs with high wages and family sustainable 
benefits) as determined by the State or the 
local board. 
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‘‘(2) INCENTIVE
PAYMENTS.—Incentive pay-
ments to providers established under paragraph (1) 
shall be awarded to eligible providers from funds re-
served by the Governor under section 128(a)(1), ex-
cept that not more than 5 percent of the funds re-
served by the Governor under section 128(a)(1) may 
be used for such payments.’’; 
(3) by striking subsections (i) and (j) and in-
serting the following: 
‘‘(i) ON-THE-JOB TRAINING, EMPLOYER-DIRECTED 
SKILLS DEVELOPMENT, INCUMBENT WORKER TRAINING, 
AND OTHER TRAINING EXCEPTIONS.— 
‘‘(1) IN
GENERAL.—Providers of on-the-job 
training, employer-directed skills development, in-
cumbent worker training, internships, paid or un-
paid work experience opportunities, or transitional 
employment shall not be subject to the requirements 
of subsections (a) through (f). 
‘‘(2) COLLECTION AND DISSEMINATION OF IN-
FORMATION.—A one-stop operator in a local area 
shall collect the minimum amount of information 
from providers of on-the-job training, employer-di-
rected skills development, incumbent worker train-
ing, internships, paid or unpaid work experience op-
portunities, and transitional employment as nec-
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essary to enable the use of State administrative data 
to generate such performance information as the 
Governor may require, and use the information to 
determine whether the providers meet such perform-
ance criteria as the Governor may require. The one- 
stop operator shall disseminate information identi-
fying such providers that meet the criteria as eligible 
providers, and the performance information, through 
the one-stop delivery system. Providers determined 
to meet the criteria shall be considered to be identi-
fied as eligible providers of training services. 
‘‘(j) TECHNICAL ASSISTANCE.—The Governor may 
apply to the Secretary for technical assistance, as de-
scribed in section 168(c), for purposes of carrying out the 
requirements of the amendments made by the A Stronger 
Workforce for America Act to this section, and the Sec-
retary shall provide such technical assistance in a timely 
manner.’’. 
(b) REPORT TO CONGRESS ON STATE PERFORMANCE 
CRITERIA.—Not later than 4 years after the date of enact-
ment of the A Stronger Workforce for America Act, the 
Secretary shall submit a report to the Committee on Edu-
cation and the Workforce of the House of Representatives 
and the Committee on Health, Education, Labor, and 
Pensions of the Senate on eligible providers of training 
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services under section 122 of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3152), as amended by 
this division, in each State that shall include— 
(1) the minimum levels of performance estab-
lished by the Governor of each State with respect to 
the performance criteria under subsection (b)(2) of 
that section 122 for such eligible providers of train-
ing services in the State; 
(2) the number of such eligible providers of 
training services in the State in each program year 
that begins after the date of enactment of this Act, 
compared with the number of such providers in the 
State in the program year that began immediately 
preceding that date of enactment; and 
(3) the average length of time that such eligible 
providers of training services in the State maintain 
eligibility, disaggregated by the type of entity that 
provided the training services. 
SEC. 123. ELIGIBLE PROVIDERS OF YOUTH WORKFORCE IN-
VESTMENT ACTIVITIES. 
Section 123(a) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3153(a)) is amended by insert-
ing ‘‘, which may include providers of pre-apprenticeship 
programs, and apprenticeship programs, that serve 
youth,’’ before ‘‘identified based’’. 
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CHAPTER 2—YOUTH WORKFORCE 
INVESTMENT ACTIVITIES 
SEC. 131. RESERVATIONS; REALLOCATION. 
(a) RESERVATIONS FOR STATEWIDE ACTIVITIES.— 
Section 128(a) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3163(a)) is amended— 
(1) in paragraph (2), by striking ‘‘reserved 
amounts’’ in each place and inserting ‘‘reserved 
amounts required under paragraph (1)’’; and 
(2) by adding at the end the following: 
‘‘(3) CRITICAL INDUSTRY SKILLS FUND, AND 
INDUSTRY
SECTOR
PARTNERSHIP
AND
CAREER 
PATHWAYS DEVELOPMENT FUND.— 
‘‘(A) AUTHORIZED RESERVATION.—In ad-
dition to the reservations required under para-
graph (1) and section 133(a)(2), and subject to 
subparagraph (B), the Governor may reserve 
not more than 10 percent of each of the 
amounts allotted to the State under section 
127(b)(1)(C) and paragraphs (1)(B) and (2)(B) 
of section 132(b) for a fiscal year to establish 
and administer any one, or both, of the fol-
lowing: 
‘‘(i) A critical industry skills fund de-
scribed in section 134(a)(4). 
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‘‘(ii) An industry or sector partner-
ship and career pathways development 
fund described in section 134(a)(5). 
‘‘(B) MATCHING FUNDS.— 
‘‘(i) REQUIREMENT.—The amount of 
funds reserved by a Governor under sub-
paragraph (A) for a fiscal year may not ex-
ceed the amount of funds that such Gov-
ernor commits to using from any of the 
funds listed in clause (ii) of this subpara-
graph for the purposes of establishing and 
administering the funds described in 
clauses (i) and (ii) of subparagraph (A) for 
such fiscal year. 
‘‘(ii) 
SOURCES
OF
MATCHING 
FUNDS.—The funds listed in this clause 
are as follows: 
‘‘(I) Funds reserved by the Gov-
ernor under paragraph (1) of this 
subsection. 
‘‘(II) Other Federal funds not 
described in subclause (I). 
‘‘(III) State funds.’’. 
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(b) REALLOCATION AMONG LOCAL AREAS.—Section 
128(c) of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3173(c)) is amended— 
(1) in paragraph (1), by inserting the following 
before the period at the end: ‘‘as performance-based 
incentive payments’’; and 
(2) in paragraph (4)— 
(A) by striking ‘‘that does not’’ and insert-
ing the following: ‘‘that— 
‘‘(A) does not’’; 
(B) by striking the period at the end and 
inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(B) has met or exceeded an average of 
100 percent of the local level of performance 
described in section 116(c)(1)(B) for the local 
area across all indicators for the youth program 
authorized under this chapter for the most re-
cent program year for which performance data 
is available; and 
‘‘(C) was not subject to corrective action 
by the Governor under section 184(a)(5)(A) for 
a determination of non-compliance with the uni-
form administrative requirements described in 
section 184(a)(3) for the program year for 
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which the determination under paragraph (2) is 
made.’’. 
SEC. 132. USE OF FUNDS FOR YOUTH WORKFORCE INVEST-
MENT ACTIVITIES. 
(a) OPPORTUNITY
YOUTH.—Section 129 of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3164) is amended by striking ‘‘out-of-school’’ each place 
it appears and inserting ‘‘opportunity’’. 
(b) YOUTH PARTICIPANT ELIGIBILITY.— 
(1) ELIGIBILITY DETERMINATION.— 
(A) ELIGIBILITY.—Subparagraph (A) of 
section 129(a)(1) of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3164(a)(1)) is 
amended to read as follows: 
‘‘(A) ELIGIBILITY DETERMINATION.— 
‘‘(i) IN GENERAL.—To be eligible to 
participate in activities carried out under 
this chapter during any program year, an 
individual shall, at the time the eligibility 
determination is made, be an opportunity 
youth or an in-school youth. 
‘‘(ii) ENROLLMENT.—If a one-stop 
operator or eligible provider of youth work-
force activities carrying out activities under 
this chapter reasonably believes that an in-
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dividual is eligible to participate in such 
activities, the operator or provider may 
allow such individual to participate in such 
activities for not more than a 40-day pe-
riod during which the operator or provider 
shall obtain the necessary information to 
make an eligibility determination with re-
spect to such individual (which may involve 
working with such individual and other en-
tities in the local area, and using available 
sources of administrative data, to obtain 
the necessary information). 
‘‘(iii) DETERMINATION
OF
INELIGI-
BILITY.—With respect to an individual who 
is determined to be ineligible for activities 
under this chapter by a one-stop operator 
or an eligible provider of youth workforce 
activities during the period described in 
clause (ii) and who does not qualify for an 
exception under paragraph (3)(A)(ii) appli-
cable to the local area involved, such oper-
ator or service provider— 
‘‘(I) may— 
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‘‘(aa) continue serving such 
individual 
using 
non-Federal 
funds; or 
‘‘(bb) end the participation 
of such individual in activities 
under this chapter and refer the 
individual to other services that 
may be available in the local area 
for which the individual may be 
eligible; and 
‘‘(II) shall be paid for any serv-
ices provided to such individual under 
this chapter during the period de-
scribed in clause (ii) by the local area 
involved using funds allocated to such 
area under section 128(b). 
‘‘(iv) DETERMINATION PROCESS FOR 
YOUTH
EXPERIENCING
HOMELESSNESS 
AND
FOSTER
YOUTH.—In determining 
whether an individual is eligible to partici-
pate in activities carried out under this 
chapter on the basis of being an individual 
who is a youth experiencing homelessness, 
or a youth in foster care, as described in 
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subparagraph (B)(iii)(V), the one-stop op-
erator or service provider involved shall— 
‘‘(I) if determining whether the 
individual is a youth experiencing 
homelessness, use a process that is in 
compliance with the requirements of 
subsection (a) of section 479D of the 
Higher Education Act of 1965 (20 
U.S.C. 1087uu–2) for financial aid 
administrators; and 
‘‘(II) if determining whether the 
individual is a youth in foster care, 
use a process that is in compliance 
with the requirements of subsection 
(b) of section 479D of the Higher 
Education Act of 1965 (20 U.S.C. 
1087uu–2) for financial aid adminis-
trators.’’. 
(B) 
DEFINITION
OF
OPPORTUNITY 
YOUTH.—Subparagraph 
(B) 
of 
section 
129(a)(1) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3164(a)(1)) is amend-
ed— 
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(i) in the subparagraph heading, by 
striking ‘‘OUT-OF-SCHOOL’’ and inserting 
‘‘OPPORTUNITY’’; 
(ii) in clause (i), by inserting ‘‘, except 
that an individual described in subpara-
graph (IV) or (V) of clause (iii) may be at-
tending school (as defined under State 
law)’’ after ‘‘(as defined under State law)’’; 
(iii) in clause (ii), by inserting before 
the semicolon at the end, the following : ‘‘, 
except that an individual described in sub-
paragraph (IV) or (V) of clause (iii) may 
be not younger than age 14 or older than 
age 24’’; and 
(iv) in clause (iii)— 
(I) in subclause (III)— 
(aa) in the matter preceding 
item (aa)— 
(AA) by striking ‘‘sec-
ondary school diploma or its 
recognized equivalent’’ and 
inserting 
‘‘regular 
high 
school diploma or its recog-
nized equivalent’’; and 
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(BB) by striking ‘‘and 
is’’ and inserting ‘‘and’’; 
(bb) in item (aa), by striking 
‘‘basic skills deficient;’’ and in-
serting ‘‘has foundational skill 
needs;’’; and 
(cc) in item (bb), by striking 
‘‘an English language learner’’ 
and inserting ‘‘is an English 
learner’’; and 
(II) in subclause (V)— 
(aa) by striking ‘‘A homeless 
individual (’’ and inserting ‘‘An 
individual experiencing homeless-
ness (meaning a homeless indi-
vidual,’’; 
(bb) by striking ‘‘(42 U.S.C. 
14043e-2(6))’’ and inserting ‘‘(34 
U.S.C. 12473(6))’’; and 
(cc) by striking ‘‘a homeless 
child or youth (’’ and inserting 
‘‘a youth experiencing homeless-
ness (meaning a homeless child 
or youth,’’. 
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(C) DEFINITION OF IN-SCHOOL YOUTH.— 
Clause (iv) of section 129(a)(1)(C) of the Work-
force Innovation and Opportunity Act (29 
U.S.C. 3164(a)(1)(C)) is amended— 
(i) in subclause (I), by striking ‘‘Basic 
skills deficient.’’ and inserting ‘‘An indi-
vidual who has foundational skill needs.’’; 
(ii) in subclause (II), by striking ‘‘lan-
guage’’; 
(iii) by striking subclauses (III) and 
(IV); and 
(iv) by redesignating subclauses (V), 
(VI), and (VII) as subclauses (III), (IV), 
and (V), respectively. 
(D) RULE
FOR
CERTAIN
OPPORTUNITY 
YOUTH.—Section 129(a)(1) of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 
3164(a)(1)) is amended by adding at the end 
the following: 
‘‘(D) RULE
FOR
CERTAIN
OPPORTUNITY 
YOUTH.—An opportunity youth described in 
subclause (IV) or (V) of subparagraph (B)(iii) 
who is attending any school (as defined under 
State law) shall be eligible to participate in any 
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activity for in-school youth carried out under 
this chapter.’’. 
(2) EXCEPTION
AND
LIMITATION.—Section 
129(a)(3) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3164(a)(3)) is amended— 
(A) in subparagraph (A)(ii), by striking 
‘‘5’’ and inserting ‘‘10’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘5’’ and inserting 
‘‘10’’; and 
(ii) 
by 
striking 
‘‘paragraph 
(1)(C)(iv)(VII)’’ and inserting ‘‘paragraph 
(1)(C)(iv)(V)’’. 
(3) OPPORTUNITY
YOUTH
PRIORITY.—Section 
129(a)(4) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3164(a)(4)) is amended— 
(A) in the paragraph heading, by striking 
‘‘OUT-OF-SCHOOL’’ 
and 
inserting 
‘‘OPPOR-
TUNITY’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘75’’ each place it ap-
pears and inserting ‘‘70’’; 
(ii) by inserting ‘‘the total amount of’’ 
before ‘‘funds available’’; and 
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(iii) by inserting ‘‘in the State’’ after 
‘‘subsection (c)’’; 
(C) in subparagraph (B)(i), by striking 
‘‘75’’ and inserting ‘‘70’’; 
(D) by redesignating subparagraph (B), as 
so amended, as subparagraph (C); and 
(E) by inserting after subparagraph (A) 
the following: 
‘‘(B) LOCAL
AREA
TARGETS.—The local 
board, the chief elected official, and the Gov-
ernor shall negotiate and reach agreement on 
the minimum amount of funds provided to a 
local area under subsection (c) that shall be 
used to provide youth workforce investment ac-
tivities for opportunity youth based on the 
needs of youth in the local area, which— 
‘‘(i) may not be an amount that is less 
than 45 percent of the funds provided to 
such local area under subsection (c); and 
‘‘(ii) shall be the amount that is nec-
essary for the State to meet the require-
ments of subparagraph (A) with respect to 
the total amount of funds available for 
local areas under subsection (c).’’. 
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(c) REQUIRED STATEWIDE YOUTH ACTIVITIES.— 
Section 129(b)(1) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3164(b)(1)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘sections 128(a)’’ and inserting ‘‘sections 
128(a)(1)’’; 
(2) in subparagraph (B), by inserting ‘‘through 
a website that is consumer-tested to ensure that the 
website is easily understood, searchable, and navi-
gable and allows for comparison of eligible providers 
based on the program elements offered by such pro-
viders and the performance of such providers on the 
primary indicators of performance for the youth pro-
gram as described in section 116(b)(2)(A)(ii)’’ after 
‘‘under section 123’’; and 
(3) in subparagraph (D), by striking ‘‘section 
116(i)’’ and inserting ‘‘section 116(j)’’. 
(d) ALLOWABLE STATEWIDE YOUTH ACTIVITIES.— 
Section 129(b)(2) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3164(b)(2)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘sections 128(a)’’ and inserting ‘‘sections 
128(a)(1)’’; 
(2) in subparagraph (C), by inserting ‘‘, which 
may include providing guidance on career options in 
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in-demand industry sectors or occupations’’ after ‘‘in 
the State’’; 
(3) in subparagraph (D)— 
(A) in clause (iv), by striking ‘‘and’’ at the 
end; and 
(B) by inserting after clause (v) the fol-
lowing: 
‘‘(vi) supporting the ability to under-
stand relevant tax information and obliga-
tions;’’; 
(4) in subparagraph (E), by striking the period 
at the end and inserting a semicolon; and 
(5) by adding at the end the following: 
‘‘(F) establishing, supporting, and expand-
ing work-based learning opportunities, including 
transitional jobs, that are aligned with career 
pathways; 
‘‘(G) raising public awareness (including 
through public service announcements, such as 
social media campaigns and elementary and 
secondary school showcases and school visits) 
about career and technical education programs 
and community-based and youth services orga-
nizations, and other endeavors focused on pro-
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grams that prepare students for in-demand in-
dustry sectors or occupations; 
‘‘(H) developing partnerships between edu-
cational institutions (including area career and 
technical schools and institutions of higher edu-
cation) and employers to create or improve 
workforce development programs to address the 
identified education and skill needs of the work-
force and the employment needs of employers in 
the regions or local areas of the State, as deter-
mined based on the most recent analysis con-
ducted under subparagraphs (B) and (C) of 
section 102(b)(1); 
‘‘(I) coordinating activities with providers 
of a pre-apprenticeship program or apprentice-
ship program for youth in the State to estab-
lish, support, or expand the program described 
in this subparagraph, including any such pro-
gram in the State receiving assistance under 
section 173; 
‘‘(J) coordinating activities with entities 
implementing reentry projects in the State fo-
cused on establishing or improving workforce 
development programs for justice- involved 
youth, including any such reentry projects in 
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the State receiving assistance under section 
172; and 
‘‘(K) coordinating activities with agencies 
implementing corrections education and other 
education programs in the State focused on 
providing incarcerated youth with education 
and skills development programs, including any 
such programs in the State receiving assistance 
under section 225.’’. 
(e) LOCAL ELEMENTS AND REQUIREMENTS.— 
(1) PROGRAM
DESIGN.—Section 129(c)(1) of 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3164(c)(1)) is amended— 
(A) in subparagraph (A), by striking 
‘‘basic skills’’ and inserting ‘‘foundational skill 
needs’’; 
(B) in subparagraph (B), by inserting 
‘‘(which, in the case of a participant 18 years 
or older, may include co-enrollment in any em-
ployment or training activity provided under 
section 134 for adults)’’ after ‘‘services for the 
participant’’; 
(C) in subparagraph (C)— 
(i) in clause (i), by striking ‘‘sec-
ondary school diploma or its recognized 
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equivalent’’ and inserting ‘‘regular high 
school diploma or its recognized equiva-
lent’’; and 
(ii) in clause (v), by inserting ‘‘high- 
skill, high-wage, or’’ after ‘‘small employ-
ers, in’’; and 
(D) in subparagraph (D), by striking ‘‘10’’ 
and inserting ‘‘30’’. 
(2) PROGRAM
ELEMENTS.—Section 129(c)(2) 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3164(c)(2)) is amended— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘secondary school diploma or 
its recognized equivalent’’ and inserting ‘‘reg-
ular high school diploma or its recognized 
equivalent’’; 
(B) in subparagraph (A), by striking ‘‘sec-
ondary school diploma or its recognized equiva-
lent’’ and inserting ‘‘regular high school di-
ploma or its recognized equivalent’’; 
(C) in subparagraph (C)— 
(i) in clause (i)— 
(I) by striking ‘‘other’’ and in-
serting ‘‘year-round’’; and 
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(II) by inserting ‘‘that meet the 
requirements of paragraph (10)’’ after 
‘‘school year’’; 
(ii) in clause (ii), by inserting ‘‘and 
apprenticeship programs that serve youth’’ 
after ‘‘programs’’; 
(iii) by amending clause (iii) to read 
as follows: 
‘‘(iii) internships that— 
‘‘(I) are paid internships or are 
unpaid internships for which academic 
credit may be awarded; 
‘‘(II) are, to the extent prac-
ticable, aligned with in-demand indus-
try sectors or occupations in the State 
or local area; and 
‘‘(III) 
for 
which 
participants 
shall be paid (by the entity providing 
the internship, through funds allo-
cated to the local area pursuant to 
paragraph (1) for the program, or by 
another entity) if such internships are 
longer than— 
‘‘(aa) 4 weeks in the sum-
mer or 8 weeks during the school 
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year for in-school youth and op-
portunity youth who are enrolled 
in school; or 
‘‘(bb) 8 weeks for oppor-
tunity youth who are not enrolled 
in school;’’; 
(iv) by redesignating clause (iv) as 
clause (v); 
(v) by inserting after clause (iii), as so 
amended, the following: 
‘‘(iv) job shadowing;’’; 
(vi) in clause (v), as so redesignated, 
by inserting ‘‘and’’ at the end; and 
(vii) by adding at the end the fol-
lowing: 
‘‘(vi) work-based learning;’’; 
(D) in subparagraph (H), by striking 
‘‘adult mentoring’’ and inserting ‘‘coaching and 
adult mentoring services’’; 
(E) in subparagraph (I), by inserting ‘‘(in-
cluding case management)’’ after ‘‘services’’; 
(F) in subparagraph (M)— 
(i) by inserting ‘‘high-skill, high-wage, 
or’’ before ‘‘in-demand industry’’; and 
(ii) by striking the ‘‘and’’ at the end; 
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(G) in subparagraph (N), by striking the 
period at the end and inserting ‘‘; and’’; and 
(H) by adding at the end the following: 
‘‘(O) activities to develop fundamental 
workforce readiness, which may include cre-
ativity, collaboration, critical thinking, digital 
literacy, persistence, and other relevant skills.’’. 
(3) PRIORITY.—Section 129(c)(4) of the Work-
force Innovation and Opportunity Act (29 U.S.C. 
3164(c)(4)) is amended to read as follows: 
‘‘(4) PRIORITY.— 
‘‘(A) WORK EXPERIENCES.—Not less than 
40 percent of the funds allocated to the local 
area as described in paragraph (1) shall be 
used to provide in-school youth and opportunity 
youth with activities under paragraph (2)(C). 
‘‘(B) APPRENTICESHIPS AND PRE-APPREN-
TICESHIPS FOR YOUTH.—Not less than 12 and 
1⁄2 percent of the funds used for the purposes 
described in subparagraph (A) shall be used to 
provide in-school youth and opportunity youth 
with activities under paragraph (2)(C)(ii).’’. 
(4) 
RULE
OF
CONSTRUCTION.—Section 
129(c)(5) of the Workforce Innovation and Oppor-
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tunity Act (29 U.S.C. 3164(c)(5)) is amended by in-
serting ‘‘or local area’’ after ‘‘youth services’’. 
(5) LINKAGES.—Section 129(c)(7) of the Work-
force Innovation and Opportunity Act (29 U.S.C. 
3164(c)(7)) is amended by inserting ‘‘, secondary 
schools, and area career and technical schools’’ after 
‘‘agencies’’. 
(6) INDIVIDUAL TRAINING ACCOUNTS.—Section 
129(c) of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3164(c)) is amended by adding at 
the end the following: 
‘‘(9) INDIVIDUAL TRAINING ACCOUNTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), funds allocated pursuant to para-
graph (1) to a local area may be used to pay, 
through an individual training account, an eligi-
ble provider of training services described in 
section 122(d) for training services described in 
section 134(c)(3) provided to in-school youth 
who are not younger than age 16 and not older 
than age 21 and opportunity youth, in the same 
manner that an individual training account is 
used to pay an eligible provider of training serv-
ices under section 134(c)(3)(F)(iii) for training 
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services provided to an adult or dislocated 
worker. 
‘‘(B) SPECIAL
RULE
FOR
IN-SCHOOL 
YOUTH YOUNGER THAN AGE 18.—To use an in-
dividual training account to pay for a program 
of training services that will take place during 
regular school hours for an in-school youth who 
is younger than the age 18, the local area shall 
receive written approval from the secondary 
school at which the in-school youth is enrolled 
prior to the start of the program of training 
services.’’. 
(7) SUMMER AND YEAR-ROUND EMPLOYMENT 
OPPORTUNITIES REQUIREMENTS.—Section 129(c) of 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3164(c)) is further amended by adding at the 
end the following: 
‘‘(10) SUMMER AND YEAR-ROUND EMPLOYMENT 
OPPORTUNITIES REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—A summer employ-
ment opportunity or a year-round employment 
opportunity referred to in paragraph (2)(C)(i) 
shall be a program that matches eligible youth 
participating in such program with an appro-
priate employer (based on factors including the 
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needs of the employer and the age, skill, and in-
formed aspirations of the eligible youth) that— 
‘‘(i) shall include— 
‘‘(I) a component of occupational 
skills education; and 
‘‘(II) not less than 2 of the ac-
tivities described in subparagraphs 
(G), (H), (I), (K), (M), and (O) of 
paragraph (2); 
‘‘(ii) may not use funds allocated 
under this chapter to subsidize more than 
50 percent of the wages of each eligible 
youth participant in such program; 
‘‘(iii) in the case of a summer employ-
ment opportunity, complies with the re-
quirements of subparagraph (B); and 
‘‘(iv) in the case of a year-round em-
ployment opportunity, complies with the 
requirements of subparagraph (C). 
‘‘(B) 
SUMMER
EMPLOYMENT
OPPOR-
TUNITY.—In addition to the applicable require-
ments described in subparagraph (A), a sum-
mer employment opportunity— 
‘‘(i) may not be less than 4 weeks; 
and 
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‘‘(ii) may not pay less than the high-
est applicable wage required by the appli-
cable Federal, State, or local minimum 
wage law. 
‘‘(C) YEAR-ROUND
EMPLOYMENT
OPPOR-
TUNITY.—In addition to the applicable require-
ments described in subparagraph (A), a year- 
round employment opportunity— 
‘‘(i) may not be shorter than 180 days 
or longer than 1 year; 
‘‘(ii) may not pay less than the high-
est applicable wage required by the appli-
cable Federal, State, or local minimum 
wage law; and 
‘‘(iii) may not employ the eligible 
youth for less than 20 hours per week, ex-
cept in instances when the eligible youth 
are under the age of 18 or enrolled in 
school. 
‘‘(D) PRIORITY.—In selecting summer em-
ployment opportunities or year-round employ-
ment opportunities for purposes of paragraph 
(2)(C)(i), a local area shall give priority to such 
opportunities that meet the requirements of this 
paragraph and that are in existing or emerging 
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high-skill, high-wage, or in-demand industry 
sectors or occupations.’’. 
(8) 
CONFORMING
AMENDMENT.—Section 
129(c)(3)(B) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3164(c)(3)(B)) is amended 
by 
striking 
‘‘basic 
skills’’ 
and 
inserting 
‘‘foundational skill needs’’. 
CHAPTER 
3—ADULT 
AND 
DISLOCATED 
WORKER EMPLOYMENT AND TRAIN-
ING ACTIVITIES 
SEC. 141. STATE ALLOTMENTS. 
Section 132(a)(2)(A) of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3172(a)(2)(A)) is amend-
ed by— 
(1) striking ‘‘, 169(c) (relating to dislocated 
worker projects),’’; and 
(2) by inserting ‘‘, and under subsections (c) 
(related to dislocated worker projects) and (d) (re-
lated to workforce data quality initiatives) of section 
169’’ before ‘‘; and’’ 
SEC. 142. RESERVATIONS FOR STATE ACTIVITIES; WITHIN 
STATE ALLOCATIONS; REALLOCATION. 
(a) RESERVATIONS FOR STATE ACTIVITIES.—Section 
133(a) of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3173(a)) is amended— 
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(1) in paragraph (1), by striking ‘‘section 
128(a)’’ and inserting ‘‘section 128(a)(1)’’; and 
(2) by adding at the end the following: 
‘‘(3) CRITICAL INDUSTRY SKILLS FUND, AND 
INDUSTRY OR SECTOR PARTNERSHIP AND CAREER 
PATHWAYS FUND.—In addition to the reservations 
required under paragraphs (1) and (2), the Gov-
ernor may make the reservation authorized under 
section 128(a)(3).’’. 
(b) 
WITHIN
STATE
ALLOCATIONS.—Section 
133(b)(1) of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3173(b)) is amended— 
(1) in subparagraph (A), by striking ‘‘sub-
section (a)(1)’’ and inserting ‘‘paragraph (1) or (3) 
of subsection (a)’’; and 
(2) in subparagraph (B), by striking ‘‘para-
graph (1) or (2) of subsection (a)’’ and inserting 
‘‘paragraph (1), (2), or (3) of subsection (a)’’. 
(c) REALLOCATION AMONG LOCAL AREAS.—Section 
133(c) of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3173(c)) is amended— 
(1) in paragraph (1), by inserting before the pe-
riod at the end, the following: ‘‘as performance- 
based incentive payments’’; 
(2) in paragraph (4)— 
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(A) in subparagraph (A)— 
(i) by striking ‘‘that does not’’ and in-
serting the following: ‘‘that— 
‘‘(i) does not’’; 
(ii) by striking ‘‘; and’’ and inserting 
a semicolon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) has met or exceeded an average 
of 100 percent of the local level of per-
formance described in section 116(c)(1)(B) 
for the local area across all indicators for 
the adult program authorized under this 
chapter for the most recent program year 
for which performance data is available; 
and 
‘‘(iii) was not subject to corrective ac-
tion by the Governor under section 
184(a)(5)(A) for a determination of non- 
compliance with the uniform administrative 
requirements 
described 
in 
section 
184(a)(3) for the program year for which 
the determination under paragraph (2) is 
made; and’’; and 
(B) in subparagraph (B)— 
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(i) by striking ‘‘that does not’’ and in-
serting the following: ‘‘that— 
‘‘(i) does not’’; 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) has met or exceeded an average 
of 100 percent of the local level of per-
formance described in section 116(c)(1)(B) 
for the local area across all indicators for 
the dislocated worker program authorized 
under this chapter for the most recent pro-
gram year for which performance data is 
available; and 
‘‘(iii) was not subject to corrective ac-
tion by the Governor under section 
184(a)(5)(A) for a determination of non- 
compliance with the uniform administrative 
requirements 
described 
in 
section 
184(a)(3) for the program year for which 
the determination under paragraph (2) is 
made; and’’; and 
(3) by adding at the end the following: 
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‘‘(5) USE OF INCENTIVE FUNDS.—Any amounts 
provided to a local area as a performance incentive 
payment under this subsection shall not be subject 
to 
the 
requirements 
described 
in 
section 
134(c)(1)(B).’’. 
SEC. 143. USE OF FUNDS FOR EMPLOYMENT AND TRAINING 
ACTIVITIES. 
(a) STATEWIDE EMPLOYMENT AND TRAINING AC-
TIVITIES.— 
(1) IN
GENERAL.—Section 134(a)(1) of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3174(a)(1))— 
(A) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (B)— 
(i) in the matter preceding clause (i), 
by 
striking 
‘‘128(a)’’ 
and 
inserting 
‘‘128(a)(1)’’; and 
(ii) by amending clause (ii) to read as 
follows: 
‘‘(ii) may be used to carry out any of 
the statewide employment and training ac-
tivities described in paragraph (3) (includ-
ing establishing and administering any 
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one, or both, of the funds referred to in 
subparagraph (C));’’; and 
(C) by inserting before the flush left text 
at the end the following: 
‘‘(C) as described in section 128(a)(3), 
shall be used to establish and administer any 
one, or both, of the following: 
‘‘(i) a critical industry skills fund de-
scribed in paragraph (4); or 
‘‘(ii) an industry or sector partnership 
and career pathways development fund de-
scribed in paragraph (5),’’. 
(2) REQUIRED STATEWIDE EMPLOYMENT AND 
TRAINING ACTIVITIES.— 
(A) STATEWIDE RAPID RESPONSE ACTIVI-
TIES.—Section 134(a)(2)(A) of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 
3174(a)(2)(A)) is amended— 
(i) in clause (i)— 
(I) in subclause (I)— 
(aa) by striking ‘‘working’’ 
and inserting ‘‘as a rapid re-
sponse unit working’’; and 
(bb) by striking ‘‘and’’ at 
the end; 
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(II) in subclause (II), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(III) by adding at the end the 
following: 
‘‘(III) provision of additional as-
sistance to any local area that has ex-
cess demand for individual training 
accounts for dislocated workers in 
such local area and requests such ad-
ditional assistance under this sub-
clause in accordance with paragraph 
(4) of section 414(c) of the American 
Competitiveness and Workforce Im-
provement Act of 1998 (29 U.S.C. 
3224a(5)), upon a determination by 
the State that, in using funds allo-
cated to such local area pursuant to 
paragraph (1) of such section 414(c) 
and in using funds as required under 
subsection (c)(1)(B) of this section for 
the purpose described in paragraph 
(2)(A) of such section 414(c)), the 
local area is in compliance with the 
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1100 
requirements of such section 414(c).’’; 
and 
(ii) by adding at the end the fol-
lowing: 
‘‘(iii) INSUFFICIENT FUNDS TO MEET 
EXCESS DEMAND.—If a State determines 
that a local area with excess demand as 
described in clause (i)(III) has met the 
compliance requirements described in such 
clause, but the State does not have suffi-
cient 
funds 
reserved 
under 
section 
133(a)(2) to meet such excess demand, the 
State— 
‘‘(I) shall notify the Secretary of 
such excess demand; and 
‘‘(II) if eligible, may apply for a 
national 
dislocated 
worker 
grant 
under section 170 of this Act.’’. 
(B) STATEWIDE EMPLOYMENT AND TRAIN-
ING ACTIVITIES.—Section 134(a)(2)(B) of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3174(a)(2)(B) is amended— 
(i) in clause (i)— 
(I) in subclause (III), by striking 
‘‘and’’ at the end; 
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1101 
(II) by amending subclause (IV) 
to read as follows: 
‘‘(IV) local areas, one-stop opera-
tors, one-stop partners, and eligible 
providers, including the development 
and training of staff, which may in-
clude— 
‘‘(aa) the development and 
training of staff to provide infor-
mation about wage levels and 
available benefits across in-de-
mand industry sectors or occupa-
tions, and information about op-
portunities for individuals with 
barriers to employment to enter 
in-demand industry sectors or oc-
cupations and nontraditional oc-
cupations; 
‘‘(bb) 
providing 
capacity 
building and technical assistance 
to State board and local board 
members on the development of 
exemplary program activities; 
‘‘(cc) the development and 
education of staff to increase ex-
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1102 
pertise in providing opportunities 
for covered veterans (as defined 
in section 4212(a)(3)(A) of title 
38, United States Code) to enter 
in-demand industry sectors or oc-
cupations and nontraditional oc-
cupations: and 
‘‘(dd) the provision of tech-
nical assistance to local areas 
that fail to meet local perform-
ance accountability measures de-
scribed in section 116(c); and’’; 
and 
(III) by adding at the end the 
following: 
‘‘(V) local boards and eligible 
providers of training services in car-
rying out the performance reporting 
required under section 116(d), includ-
ing facilitating data matches for pro-
gram participants— 
‘‘(aa) using quarterly wage 
record information (including the 
wage records made available by 
any other State and information 
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1103 
provided from the National Di-
rectory of New Hires in accord-
ance with section 453(j)(8) of the 
Social Security Act (42 U.S.C. 
653(j)(8))); and 
‘‘(bb) other sources of infor-
mation, as necessary to measure 
the performance of programs and 
activities conducted under this 
chapter or chapter 2 of this sub-
title;’’; 
(ii) in clause (ii), by striking ‘‘section 
106(b)(7)’’ 
and 
inserting 
‘‘section 
106(b)(6)’’; 
(iii) in clause (iii), by striking ‘‘section 
116(i)’’ and inserting ‘‘section 116(j)’’; 
and 
(iv) in clause (v)— 
(I) in subclause (II)— 
(aa) by striking ‘‘customized 
training’’ and inserting ‘‘em-
ployer-directed 
skills 
develop-
ment’’; and 
(bb) by striking ‘‘transi-
tional jobs’’ and inserting ‘‘tran-
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1104 
sitional jobs, or sponsors of ap-
prenticeships and pre-apprentice-
ships’’; 
(II) in subclause (III), by insert-
ing ‘‘, including business engaged in 
joint labor-management partnerships’’ 
before the semicolon; 
(III) in subclause (IV), by insert-
ing ‘‘, including on the principles of 
universal design for learning’’ before 
the semicolon; 
(IV) by redesignating subclauses 
(V) and (VI) as subclauses (VI) and 
(VII), respectively; 
(V) by inserting after subclause 
(IV) the following: 
‘‘(V) information on effective co-
ordination of supportive services for 
workers and jobseekers;’’; 
(VI) in subclause (VI), as so re-
designated— 
(aa) by striking ‘‘subsections 
(d) and (h) of section 122’’ and 
inserting ‘‘subsections (d) and (i) 
of section 122’’; and 
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1105 
(bb) by striking ‘‘and’’ at 
the end; and 
(VII) by adding at the end the 
following: 
‘‘(VIII) information to partici-
pants on understanding and accessing 
State-administered 
programs 
and 
services available to jobseekers;’’; 
(v) by redesignating clause (vi) as 
clause (vii); 
(vi) by inserting after clause (v) the 
following: 
‘‘(vi) notifying participants of an eligi-
ble program of training services whose par-
ticipation is funded under this Act, if such 
program’s status as an eligible program of 
training services is revoked under section 
122(c)(4);’’; 
(vii) in clause (vii), as so redesig-
nated, by striking the period at the end 
and inserting a semicolon; and 
(viii) by adding at the end the fol-
lowing: 
‘‘(viii) coordinating (which may be 
done in partnership with other States) with 
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1106 
industry organizations, employers (includ-
ing small and mid-sized employers), indus-
try or sector partnerships, training pro-
viders, local boards, and institutions of 
higher education to identify or develop 
competency-based assessments that are a 
valid and reliable method of collecting in-
formation with respect to, and measuring, 
the prior knowledge, skills, and abilities of 
individuals who are adults or dislocated 
workers for the purpose of— 
‘‘(I) awarding, based on the 
knowledge, skills, and abilities of such 
an individual validated by such assess-
ments— 
‘‘(aa) a recognized postsec-
ondary credential that is used by 
employers in the State for re-
cruitment, hiring, retention, or 
advancement purposes; 
‘‘(bb) postsecondary credit 
toward a recognized postsec-
ondary credential aligned with in- 
demand industry sectors and oc-
cupations in the State for the 
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purpose of accelerating attain-
ment of such credential; and 
‘‘(cc) postsecondary credit 
for progress along a career path-
way developed by the State or a 
local area within the State; 
‘‘(II) developing individual em-
ployment 
plans 
under 
subsection 
(c)(2)(B)(vii)(II) that incorporate the 
knowledge, skills, and abilities of such 
an individual to identify— 
‘‘(aa) in-demand industry 
sectors or occupations that re-
quire similar knowledge, skills, 
and abilities; and 
‘‘(bb) any upskilling needed 
for the individual to secure em-
ployment in such a sector or oc-
cupation; and 
‘‘(III) helping such an individual 
communicate such knowledge, skills, 
and abilities to prospective employers 
through a skills-based resume, profile, 
or portfolio; and 
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‘‘(ix) disseminating to local areas and 
employers information relating to the com-
petency-based assessments identified or de-
veloped pursuant to clause (viii), includ-
ing— 
‘‘(I) any credential or credit 
awarded pursuant to items (aa) 
through (cc) of clause (viii)(I); 
‘‘(II) the industry organizations, 
employers, training providers, and in-
stitutions of higher education located 
within the State that recognize the 
knowledge, skills, and abilities of an 
individual validated by such assess-
ments; 
‘‘(III) how such assessments may 
be provided to, and accessed by, indi-
viduals through the one-stop delivery 
system; and 
‘‘(IV) information on the extent 
to which such assessments are being 
used by employers and local areas in 
the State.’’. 
(3) ALLOWABLE STATEWIDE EMPLOYMENT AND 
TRAINING ACTIVITIES.—Section 134(a)(3)(A) of the 
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Workforce Innovation and Opportunity Act (29 
U.S.C. 3174(a)(3)(A))— 
(A) in clause (i)— 
(i) by inserting ‘‘or evidence-based’’ 
after ‘‘innovative’’; 
(ii) by inserting ‘‘local communities 
and’’ after ‘‘needs of’’; 
(iii) by striking ‘‘customized training’’ 
and inserting ‘‘employer-directed skills de-
velopment’’; 
(iv) by inserting ‘‘and partnerships 
with’’ after ‘‘utilization of’’; 
(v) by inserting ‘‘and labor-manage-
ment partnerships’’ after ‘‘business inter-
mediaries’’; and 
(vi) by inserting ‘‘and medium-sized’’ 
before ‘‘employers) in the State, and’’; 
(B) in clause (ii)— 
(i) by inserting ‘‘, or bringing evi-
dence-based strategies to scale,’’ after 
‘‘strategies’’; and 
(ii) by inserting ‘‘supporting such in-
dividuals in achieving economic self-suffi-
ciency and mobility, and’’ after ‘‘employ-
ment and’’; 
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1110 
(C) in clause (iii)— 
(i) by striking ‘‘ and prior learning as-
sessment to’’ and inserting ‘‘, prior learn-
ing assessment, or a competency-based as-
sessment identified or developed by the 
State under paragraph (2)(B)(viii), to’’; 
and 
(ii) by striking ‘‘stackable’’ and insert-
ing ‘‘permit articulation into higher level 
degree or other credential programs’’; 
(D) in clause (iv), by inserting ‘‘, which 
may include on-the job training, employer-di-
rected skills development, transitional jobs, in-
dustry or sector partnerships, apprenticeships, 
and other programs’’ after ‘‘employment’’; 
(E) in clause (v), by inserting ‘‘which ac-
tivities may incorporate the principles of uni-
versal design for learning and be’’ after ‘‘sub-
section (c)(3),’’; 
(F) in clause (viii)— 
(i) in subclause (I), by inserting ‘‘, in-
cluding such activities funded through 
other Federal and State laws’’ after ‘‘de-
velopment activities’’; and 
(ii) in subclause (II)— 
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1111 
(I) in item (cc), by inserting ‘‘ac-
tivities carried out by comprehensive 
transition and postsecondary pro-
grams for students with intellectual 
disabilities established under section 
767 of the Higher Education Act of 
1965 (20 U.S.C. 1140g),’’ after ‘‘de-
velopmental disabilities,’’; 
(II) in item (dd), by striking ‘‘ac-
tivities, including those’’ and inserting 
‘‘activities and services to promote 
digital literacy skills, including activi-
ties and services’’; 
(III) in item (ee), by striking 
‘‘ex-offenders in reentering the work-
force; and’’ and inserting ‘‘ justice-in-
volved individuals in reentering the 
workforce;’’; and 
(IV) by adding at the end the fol-
lowing: 
‘‘(gg) programs under the 
Older Americans Act of 1965 (42 
U.S.C. 3001 et seq.) that support 
employment and economic secu-
rity; and’’; 
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1112 
(G) in clause (xi), by inserting ‘‘that ex-
ceed the local levels of performance’’ after 
‘‘local areas’’; 
(H) in clause (xiii), by striking ‘‘and’’ at 
the end; 
(I) in clause (xiv)— 
(i) by inserting ‘‘conducting feasibility 
studies for the effectiveness of such strate-
gies in meeting the employment and skills 
development needs of target populations in 
the local areas that are using such feasi-
bility studies,’’ after ‘‘data collection,’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(J) by adding at the end the following: 
‘‘(xv) supporting employers seeking to 
implement skills-based hiring practices, 
which may include technical assistance on 
the use and validation of employment as-
sessments (including competency-based as-
sessments developed or identified by the 
State pursuant to paragraph (2)(B)(viii)), 
and support in the creation of skills-based 
job descriptions; 
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‘‘(xvi) developing partnerships be-
tween educational institutions (including 
area 
career 
and 
technical 
education 
schools, local educational agencies, and in-
stitutions of higher education) and employ-
ers to create or improve workforce develop-
ment programs to address the identified 
education and skill needs of the workforce 
and the employment needs of employers in 
regions of the State, as determined by the 
most recent analysis conducted under sub-
paragraphs (A), (B), and (D) of section 
102(b)(1); 
‘‘(xvii) identifying and making avail-
able to residents of the State, free or re-
duced cost access to online skills develop-
ment programs that are aligned with in-de-
mand industries or occupations in the 
State and lead to attainment of a recog-
nized postsecondary credential valued by 
employers in such industries or occupa-
tions; 
‘‘(xviii) establishing and administering 
a critical industry skills fund described in 
paragraph (4); and 
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‘‘(xix) establishing and administering 
an industry or sector partnership and ca-
reer pathways development fund described 
in paragraph (5).’’. 
(4) CRITICAL
INDUSTRY
SKILLS
FUND.—Sec-
tion 134(a) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3174(a)), as amended, is fur-
ther amended by adding at the end the following: 
‘‘(4) CRITICAL INDUSTRY SKILLS FUND.— 
‘‘(A) PERFORMANCE-BASED PAYMENTS.— 
In addition to the funds described in paragraph 
(3)(A), a State may use any funds reserved 
under paragraph (3)(A) of section 128(a) to es-
tablish and administer a critical industry skills 
fund to award performance-based payments on 
a per-worker basis to eligible entities that pro-
vide, to prospective workers or incumbent work-
ers (which may include youth age 18 through 
age 24), eligible skills development programs 
that are in any of the industries and occupa-
tions identified by the Governor (in consultation 
with the State board) for purposes of this para-
graph, and that will result in employment or re-
tention with an employer in such an industry or 
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1115 
occupation (in this paragraph referred to as a 
‘participating employer’). 
‘‘(B) OPTIONAL PRIORITY.—The Governor 
(in consultation with the State board) may se-
lect the industries and occupations identified 
under 
subparagraph 
(A) 
that 
should 
be 
prioritized under this paragraph. 
‘‘(C) SUBMISSION OF PROPOSALS.—To be 
eligible to receive a payment under the critical 
industry skills fund established under this para-
graph by a State, an eligible entity shall submit 
to the Governor, a proposal describing the eligi-
ble skills development program to be provided 
by the eligible entity under this paragraph, in 
such form, at such time, and containing such 
information, as the Governor may reasonably 
require. 
‘‘(D) REIMBURSEMENT
FOR
APPROVED 
PROPOSALS.— 
‘‘(i) STATE REQUIREMENTS.— 
‘‘(I) IN GENERAL.—With respect 
to each eligible entity whose proposal 
under subparagraph (C) has been ap-
proved by the Governor, the Governor 
shall make payments (in an amount 
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1116 
determined by the Governor and sub-
ject to the requirements of subclause 
(II) of this clause, subparagraph (E), 
and any other limitations determined 
necessary by the State) from the crit-
ical industry skills fund established 
under this paragraph to such eligible 
entity for each participant of the eligi-
ble skills development program de-
scribed in such proposal and with re-
spect to whom the eligible entity 
meets the requirements of clause (ii). 
‘‘(II) 
PAYMENTS.—In 
making 
payments to an eligible entity under 
subclause (I) with respect to a partici-
pant— 
‘‘(aa) a portion of the total 
payment shall be made after the 
participant successfully completes 
the eligible skills development 
program offered by the eligible 
entity; and 
‘‘(bb) the remainder of such 
total payment shall be made after 
the participant has been em-
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1117 
ployed by the participating em-
ployer of the eligible entity for 
the 6-month period after success-
ful completion of the program. 
‘‘(ii) ELIGIBLE
ENTITY
REQUIRE-
MENTS.—To be eligible to receive the pay-
ments described in clause (i) with respect 
to a participant, an eligible entity shall 
submit such documentation as the Gov-
ernor 
determines 
necessary 
to 
verify 
whether the participant meets the require-
ments of items (aa) and (bb) of clause 
(i)(II), and to comply with the perform-
ance reporting described in subparagraph 
(F). 
‘‘(E) NON-FEDERAL COST SHARING.— 
‘‘(i) LIMITS ON FEDERAL SHARE.—An 
eligible entity may not receive funds under 
subparagraph (D) with respect to a partici-
pant of the eligible skills development pro-
gram offered by the eligible entity in ex-
cess of the following costs of such program 
with respect to such participant: 
‘‘(I) In the case of a partici-
pating employer of such eligible entity 
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1118 
with 25 or fewer employees, 90 per-
cent of the costs. 
‘‘(II) In the case of a partici-
pating employer of such eligible entity 
with more than 25 employees, but 
fewer than 100 employees, 75 percent 
of the costs. 
‘‘(III) In the case of a partici-
pating employer of such eligible entity 
with 100 or more employees, 50 per-
cent of the costs. 
‘‘(ii) NON-FEDERAL SHARE.— 
‘‘(I) IN GENERAL.—Any costs of 
the eligible skills development pro-
gram offered to a participant by such 
eligible entity that are not covered by 
the funds received under subpara-
graph (D) shall be the non-Federal 
share provided by the eligible entity 
(in cash or in-kind). 
‘‘(II) EMPLOYER
COST
SHAR-
ING.—If the eligible skills develop-
ment program is being provided on- 
the-job, the non-Federal share pro-
vided by an eligible entity may include 
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1119 
the amount of the wages paid by the 
participating employer of the eligible 
entity to a participant while such par-
ticipant is receiving the training. 
‘‘(F) PERFORMANCE
REPORTING.—Using 
the participant information provided by eligible 
entities under subparagraph (D)(ii), the State 
shall submit to the Secretary a report, on an 
annual basis, with respect to all participants for 
which the eligible entities received funds under 
this paragraph for the most recent program 
year, which shall include— 
‘‘(i) the number of individuals who 
participated in eligible skills development 
programs provided by such eligible entities 
through the critical industry skills fund 
under this paragraph; and 
‘‘(ii) the performance of such partici-
pants on the primary indicators of per-
formance 
described 
in 
subclauses 
(I) 
through (III) of section 116(b)(2)(A)(i). 
‘‘(G) DEFINITIONS.—In this paragraph: 
‘‘(i) ELIGIBLE ENTITY.—The term ‘el-
igible entity’ means— 
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‘‘(I) a participating employer or 
a group of participating employers; 
‘‘(II) an industry or sector part-
nership that includes a participating 
employer; or 
‘‘(III) another entity serving as 
an intermediary (such as a local 
board) that is in partnership with a 
participating employer. 
‘‘(ii) ELIGIBLE SKILLS DEVELOPMENT 
PROGRAM.—The term ‘eligible skills devel-
opment program’, when used with respect 
to an eligible entity— 
‘‘(I) means a program with re-
spect to which a State may set a max-
imum 
and 
minimum 
length 
(in 
weeks); 
‘‘(II) includes work-based edu-
cation or related occupational skills 
instruction that— 
‘‘(aa) develops the specific 
technical skills necessary for suc-
cessful performance of the occu-
pations in which participants are 
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1121 
to be employed upon completion; 
and 
‘‘(bb) may be provided— 
‘‘(AA) by the eligible 
entity; or 
‘‘(BB) by any training 
provider that is selected by 
the eligible entity and with-
out regard to whether such 
provider is on a list of eligi-
ble providers of training 
services described in section 
122(d); and 
‘‘(III) does not include employee 
onboarding, orientation, or profes-
sional development generally provided 
to employees.’’. 
(5) INDUSTRY OR SECTOR PARTNERSHIP AND 
CAREER PATHWAYS DEVELOPMENT FUND.—Section 
134(a) of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3174(a)), as amended, is further 
amended by adding at the end the following: 
‘‘(5) INDUSTRY OR SECTOR PARTNERSHIP AND 
CAREER PATHWAYS DEVELOPMENT FUND.— 
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1122 
‘‘(A) PURPOSE.—The purpose of this para-
graph is to establish new or expand existing in-
dustry or sector partnerships and career path-
way programs to encourage regional economic 
growth and competitiveness, and improve work-
er training, retention, and advancement. 
‘‘(B) DESCRIPTION OF FUND.—In addition 
to the funds described in paragraph (3)(A), a 
State may use any funds reserved under para-
graph (3)(A) of section 128(a) to establish and 
administer an industry or sector partnership 
and career pathways development fund to 
award grants to eligible partnerships to estab-
lish or expand industry or sector partnerships 
that include employers in a high-growth or 
high-wage industry of the State in order to 
meet the following objectives: 
‘‘(i) Build capacity among such part-
nerships to prepare jobseekers and incum-
bent workers participating in such partner-
ships for careers in such a high-growth or 
high-wage industry. 
‘‘(ii) Leverage the capacity of such 
partnerships to develop, improve, expand, 
or implement education, employment, and 
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training opportunities for individuals with 
barriers to employment. 
‘‘(iii) Strengthen coordination between 
such industry or sector partnerships and 
one-stop partners for the local areas in-
volved that are described in paragraphs (1) 
and (2) of section 121(b). 
‘‘(iv) Develop or expand a career 
pathway program that utilizes integrated 
education and training strategies and sup-
ports multiple points of entry and exit for 
working learners. 
‘‘(C) DURATION.—Each grant awarded 
under this paragraph shall be for a period of 
not more than 2 years. 
‘‘(D) AWARD BASIS.— 
‘‘(i) GEOGRAPHIC
DIVERSITY.—The 
Governor shall award grants under this 
paragraph in a manner that ensures geo-
graphic diversity in the areas in the State 
in which activities will be carried out under 
the grants. 
‘‘(ii) PRIORITY.—In awarding grants 
under this paragraph, the Governor shall 
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1124 
give priority consideration to eligible part-
nerships that— 
‘‘(I) include (or will include) as a 
partner in the industry or sector part-
nership to be established or expanded 
under this paragraph, a 2-year public 
institution of higher education; 
‘‘(II) demonstrate long-term sus-
tainability of such industry or sector 
partnership; and 
‘‘(III) demonstrate the ability of 
such industry or sector partnership to 
serve individuals who— 
‘‘(aa) are individuals with a 
barrier to employment, including 
individuals with disabilities; 
‘‘(bb) are facing significant 
worker dislocation due to a dis-
ruption or change in the regional 
or State economy or labor mar-
ket; 
‘‘(cc) have traditionally been 
underserved by regional economic 
development and sector partner-
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1125 
ship activities (including rural 
areas in the State); or 
‘‘(dd) are— 
‘‘(AA) 
opportunity 
youth, disadvantaged youth, 
or disadvantaged adults; or 
‘‘(BB) unemployed in-
dividuals, within the mean-
ing of section 6(b)(1)(B) of 
the Wagner-Peyser Act (29 
U.S.C. 49e(b)(1)(B)). 
‘‘(iii) ADDITIONAL
OPTIONAL
PRI-
ORITY.—In awarding grants under this 
paragraph, in addition to the priority con-
sideration required under clause (ii), the 
Governor may give priority consideration 
to eligible partnerships that include, or will 
include, as a partner in the industry or 
sector partnership to be established or ex-
panded under this section— 
‘‘(I) a 4-year public institution of 
higher education at which the highest 
degree that is predominantly awarded 
to students is an associate degree; or 
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1126 
‘‘(II) a 2-year Tribal College or 
University (as defined in section 
316(b) of the Higher Education Act 
of 1965 (20 U.S.C. 1059c(b)). 
‘‘(E) APPLICATION.— 
‘‘(i) IN GENERAL.—An eligible part-
nership seeking a grant under this para-
graph shall submit an application to the 
Governor at such time, in such manner, 
and containing such information as the 
Governor may reasonably require, includ-
ing the contents described in clause (ii). 
‘‘(ii) CONTENTS.—An eligible partner-
ship seeking a grant under this paragraph 
shall submit an application to the Governor 
under clause (i) containing, at minimum— 
‘‘(I) a description of the eligible 
partnership, and the industry or sec-
tor partnership that will be estab-
lished or expanded with such grant; 
‘‘(II) the expected participation 
and responsibilities of each of the 
partners that will be included in such 
industry or sector partnership; 
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1127 
‘‘(III) a description of the high- 
growth or high-wage industry sector 
to be served by such industry or sec-
tor partnership, and a description of 
how such industry sector was identi-
fied; 
‘‘(IV) a description of the work-
ers and other individuals who will be 
targeted or recruited by such industry 
or sector partnership, including the 
number of workers and other individ-
uals who will be served by the part-
nership; 
‘‘(V) an analysis of the existing 
labor market to be served by such in-
dustry or sector partnership, which in-
cludes— 
‘‘(aa) a description of poten-
tial barriers to employment for 
the targeted workers and other 
individuals; 
‘‘(bb) the estimated share of 
such workers and other individ-
uals who are individuals with a 
barrier to employment; and 
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1128 
‘‘(cc) a description of strate-
gies that will be developed to help 
such workers and other individ-
uals overcome such barriers; 
‘‘(VI) a description of the Fed-
eral and non-Federal resources, avail-
able under provisions of law other 
than this paragraph, that will be le-
veraged in support of such industry or 
sector partnership and the activities 
carried out by the partnership under 
this paragraph; 
‘‘(VII) a description, using com-
mon, linked, open-data descriptive 
language, of the recognized postsec-
ondary credential that will be provided 
to individuals who successfully com-
plete the education and training pro-
gram provided through an education 
provider in such industry or sector 
partnership; 
‘‘(VIII) an assurance that any el-
igible provider of training services in 
such industry or sector partnership is 
on a list of eligible providers of train-
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1129 
ing services described in section 
122(d); and 
‘‘(IX) a commitment from a par-
ticipating employer in such industry 
or sector partnership to employ each 
participant of such education and 
training program (which may be a ca-
reer pathway program) for not less 
than a 1-year period, in accordance 
with the employment policies of such 
employer, after successful completion 
of the training portion of the edu-
cation and training program operated 
by such participating employer. 
‘‘(F) USES OF FUNDS.— 
‘‘(i) IN GENERAL.—An eligible part-
nership awarded a grant under this para-
graph shall use such grant funds to estab-
lish a new industry or sector partnership 
or expand the industry or sector partner-
ship of the eligible partnership to meet the 
objectives listed in subparagraph (B)— 
‘‘(I) by engaging businesses in 
accordance with clause (iii); and 
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‘‘(II) by carrying out an edu-
cation and training program that— 
‘‘(aa) leads to the recognized 
postsecondary 
credential 
de-
scribed in the eligible partner-
ship’s application in subpara-
graph (E)(ii)(VII); 
‘‘(bb) includes an appren-
ticeship, work-based learning, or 
on-the-job training program that 
leads to an employment commit-
ment described in subparagraph 
(E)(ii)(IX) with a participating 
employer of the industry or sec-
tor partnership; 
‘‘(cc) may include the devel-
opment or expansion of a new or 
existing career pathway program 
as described in clause (iv); and 
‘‘(dd) may include the provi-
sion of supportive services as de-
scribed in clause (v). 
‘‘(ii) PLANNING ACTIVITIES.—An eli-
gible partnership receiving a grant under 
this paragraph may use not more than 20 
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percent of the grant funds to carry out 
planning activities during the first year of 
the grant period that are necessary to es-
tablish a new industry or sector partner-
ship or expand the industry or sector part-
nership of the eligible partnership, which 
may include— 
‘‘(I) recruiting key stakeholders 
in the high-growth or high-wage in-
dustry to be served by such industry 
or sector partnership; 
‘‘(II) conducting outreach to local 
businesses, employers, labor organiza-
tions, local boards, education and 
training providers, and business and 
employer associations; 
‘‘(III) identifying, through an 
evaluation, the training needs of mul-
tiple businesses in the high-growth or 
high-wage industry, including identi-
fying any needs for— 
‘‘(aa) skills critical to com-
petitiveness and innovation in the 
high-growth or high-wage indus-
try; 
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‘‘(bb) 
an 
education 
and 
training program, including any 
apprenticeship program or other 
work-based 
learning 
program 
supported by the grant; and 
‘‘(cc) the usage of career 
pathways to align education and 
training with job openings in the 
high-growth or high-wage indus-
try; and 
‘‘(IV) recruiting individuals with 
barriers to employment to participate 
in the education and training pro-
gram. 
‘‘(iii) BUSINESS
ENGAGEMENT.—An 
industry or sector partnership established 
or expanded with a grant under this para-
graph shall use the grant funds to engage 
businesses (including small and medium- 
sized businesses that are in the high- 
growth or high-wage industry and that 
may be a participating employer of the 
partnership) in the establishment and im-
plementation of an apprenticeship, work- 
based learning, or on-the-job training pro-
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gram offered through the education and 
training program of the partnership, and 
which may include— 
‘‘(I) the navigation of the reg-
istration process for a sponsor of such 
an apprenticeship program; 
‘‘(II) the connection of the busi-
ness with an education provider in the 
industry or sector partnership to de-
velop classroom instruction to com-
plement learning through such an ap-
prenticeship, work-based learning, or 
on-the-job training program; 
‘‘(III) the development of such a 
work-based learning program; 
‘‘(IV) the provision of career 
awareness activities for participants of 
such an apprenticeship, work-based 
learning, or on-the-job training pro-
gram, such as career guidance and 
academic counseling; 
‘‘(V) the recruitment of individ-
uals with barriers to employment to 
participate in such an apprenticeship, 
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work-based learning, or on-the-job 
training program; and 
‘‘(VI) other evidence-based ap-
proaches to connecting businesses 
with workers and establishing path-
ways to unsubsidized employment for 
individuals participating in the edu-
cation and training program and 
other programs funded under this 
title. 
‘‘(iv) CAREER PATHWAY PROGRAMS.— 
‘‘(I) IN GENERAL.—An industry 
or sector partnership established or 
expanded with a grant under this 
paragraph may use such grant funds 
for the development or expansion of a 
new or existing career pathway pro-
gram that utilizes integrated edu-
cation and training strategies and 
supports multiple entry and exit 
points for working students and other 
working participants, which may in-
clude— 
‘‘(aa) dual-enrollment ap-
proaches for participants, includ-
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ing youth, seeking to participate 
in a career pathway program; 
‘‘(bb) strategies that help 
working students and other non-
traditional and adult student 
populations access skills and the 
recognized postsecondary creden-
tials described in subparagraph 
(E)(ii)(VII) of the eligible part-
nership’s application; and 
‘‘(cc) strategies that incor-
porate the principles of universal 
design for learning. 
‘‘(II) AUTHORIZED ACTIVITIES.— 
In establishing or expanding such new 
or existing career pathway program, 
the industry or sector partnership 
may use a grant under this paragraph 
for— 
‘‘(aa) the provision of evi-
dence-based professional develop-
ment for faculty and other staff 
of an education provider in the 
industry or sector partnership, 
which may incorporate the prin-
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ciples of universal design for 
learning, as appropriate; 
‘‘(bb) 
the 
acquisition 
of 
equipment necessary to support 
the delivery of the career path-
way program; and 
‘‘(cc) any other evidence- 
based activities to support the 
development or implementation 
of the career pathway program. 
‘‘(v) SUPPORTIVE SERVICES.—In ac-
cordance with section 181(h), an industry 
or sector partnership established or ex-
panded with a grant under this paragraph 
may use such grant funds to provide sup-
portive services to support the success of 
individuals, including individuals with bar-
riers to employment, who are participating 
in training services, as described in sub-
section 
(c)(3)(D), 
which 
are 
offered 
through such partnership. 
‘‘(G) DESIGNATION OF A FISCAL AGENT.— 
An eligible partnership receiving a grant under 
this paragraph shall designate an entity of the 
eligible partnership as the fiscal agent for the 
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receipt, management, and expenditure of the 
grant funds. 
‘‘(H) NON-FEDERAL COST SHARING.— 
‘‘(i) LIMITS ON FEDERAL SHARE.—An 
industry or sector partnership established 
or expanded with a grant under this para-
graph may not receive such grant funds 
for purposes of funding the education and 
training program offered through such 
partnership in excess of the following costs 
of establishing, operating, and sustaining 
such program: 
‘‘(I) In the case in which the par-
ticipating employers in such eligible 
partnership employ 25 or fewer em-
ployees, 70 percent of the costs. 
‘‘(II) In the case in which the 
participating employers in such eligi-
ble partnership employ more than 25 
employees, but fewer than 100 em-
ployees, 55 percent of the costs. 
‘‘(III) In the case in which the 
participating employers in such eligi-
ble partnership employ 100 or more 
employees, 40 percent of the costs. 
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‘‘(ii) 
NON-FEDERAL
SHARE.—Any 
costs of establishing, operating, and sus-
taining such program that are not covered 
by the grant received under this paragraph 
shall be the non-Federal share provided by 
the industry or sector partnership. 
‘‘(I) 
PERFORMANCE
REPORTING.—Not 
later than 2 years after the first award of funds 
under this paragraph is made by the Governor 
and on an annual basis thereafter, the Governor 
shall prepare and submit to the Secretary a re-
port with respect to the participants served by 
each eligible partnership receiving funds under 
this paragraph in the most recent program 
year, which report shall include— 
‘‘(i) levels of performance achieved by 
the eligible partnership, with respect to the 
primary indicators of performance under 
clause (i) or (ii) of section 116(b)(2)(A), as 
applicable, for all individuals served by the 
eligible partnership, disaggregated by race, 
ethnicity, sex, disability status, and age; 
and 
‘‘(ii) levels of performance achieved by 
the eligible partnership with respect to the 
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primary indicators of performance under 
clause (i) or (ii) of section 116(b)(2)(A), as 
applicable, for individuals with barriers to 
employment served by the eligible partner-
ship, disaggregated by race, ethnicity, sex, 
disability status, and age. 
‘‘(J) AVAILABILITY OF REPORT.—The re-
port submitted by eligible partnerships under 
subparagraph (I) shall— 
‘‘(i) be made digitally available by the 
Secretary using linked, open, and inter-
operable data; and 
‘‘(ii) include the number of individuals 
who were served by each such eligible part-
nership. 
‘‘(K) LIMIT ON ADMINISTRATIVE COSTS.— 
An eligible partnership receiving a grant under 
this paragraph may not use more than 10 per-
cent of the grant funds for administrative costs. 
‘‘(L) DEFINITIONS.—In this paragraph: 
‘‘(i) ELIGIBLE
PARTNERSHIP.—The 
term ‘eligible partnership’ means— 
‘‘(I) an industry or sector part-
nership that— 
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‘‘(aa) includes a partici-
pating employer; and 
‘‘(bb) is seeking to further 
implement or expand such indus-
try or sector partnership; or 
‘‘(II) a workforce collaborative 
that is seeking to become an industry 
or sector partnership that includes a 
participating employer. 
‘‘(ii) HIGH-GROWTH
OR
HIGH-WAGE 
INDUSTRY.—The term ‘high-growth or 
high-wage industry’, when used with re-
spect to an eligible partnership, means an 
industry that— 
‘‘(I) has, or is expected to have, 
a high rate of growth and an unmet 
demand for skilled workers, as deter-
mined by the Governor of the State in 
which the eligible partnership is lo-
cated; 
‘‘(II) has been designated by the 
Governor as an in-demand industry 
experiencing high growth in such 
State; and 
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‘‘(III) includes occupations deter-
mined by the Governor— 
‘‘(aa) with wages that are 
significantly higher than an occu-
pation of similar level of skill or 
needed skill development; or 
‘‘(bb) that are aligned with 
career pathways into higher wage 
occupations. 
‘‘(iii) PARTICIPATING
EMPLOYER.— 
The term ‘participating employer’, when 
used with respect to an eligible partner-
ship, means an employer in a high-growth 
or high-wage industry that is (or will be) 
part of the industry or sector partnership 
that will be expanded (or established) by 
the eligible partnership under this para-
graph.’’. 
(b) REQUIRED LOCAL EMPLOYMENT AND TRAINING 
ACTIVITIES.— 
(1) MINIMUM AMOUNT FOR SKILLS DEVELOP-
MENT.—Section 134(c)(1) of the Workforce Innova-
tion and Opportunity Act (29 U.S.C. 3174(c)(1)) is 
amended— 
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(A) in subparagraph (A)(iv), by striking 
‘‘to’’ and inserting ‘‘to provide business services 
described in paragraph (4) and’’; 
(B) by redesignating subparagraph (B) as 
subparagraph (C); and 
(C) by inserting after subparagraph (A), 
as so amended, the following: 
‘‘(B) MINIMUM AMOUNT FOR SKILLS DE-
VELOPMENT.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), not less than 50 percent of the funds 
described in subparagraph (A) shall be 
used by the local area— 
‘‘(I) for the payment of training 
services— 
‘‘(aa) provided to adults 
under paragraph (3)(F)(iii); and 
‘‘(bb) provided to adults and 
dislocated workers under para-
graph (3)(G)(ii); and 
‘‘(II) for the payment of training 
services under paragraph (2)(A) of 
section 414(c) of the American Com-
petitiveness and Workforce Improve-
ment 
Act 
of 
1998 
(29 
U.S.C. 
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1143 
3224a(c)) after funds allocated to 
such local area under paragraph (1) 
of such section 414(c) have been ex-
hausted. 
‘‘(ii) EXCEPTION.—With respect to a 
local area that uses any funds described in 
subparagraph (A) to provide supportive 
services, in accordance with subsection 
(d)(2) of this section, for adults and dis-
located workers who are participating in 
training services, or individualized career 
services described in clauses (iii) and (vii) 
of paragraph (2)(B) that enable participa-
tion in training services, each percentage 
of such funds so used shall reduce, by one 
percentage point, the percentage of such 
funds required to be used by such local 
area in accordance with clause (i), except 
that such percentage of funds may not be 
reduced by more than 10 percentage points 
pursuant to this clause.’’; and 
(D) in subparagraph (C), as so redesig-
nated, by striking ‘‘and (ii)’’ and inserting ‘‘, 
(ii), and (iv)’’. 
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1144 
(2) CAREER
SERVICES.—Section 134(c)(2) of 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3174(c)(2)) is amended— 
(A) by redesignating subparagraphs (A) 
through (C) as subparagraphs (B) through (D), 
respectively; 
(B) by inserting before subparagraph (B), 
as so redesignated, the following: 
‘‘(A) BASIC CAREER SERVICES.— 
‘‘(i) IN GENERAL.—The one-stop de-
livery system— 
‘‘(I) shall coordinate with the 
Employment Service office colocated 
with the one-stop delivery system for 
such Employment Service office to 
provide, using the funds allotted to 
the State under section 6 of the Wag-
ner-Peyser Act (29 U.S.C. 49e), basic 
career services, which shall— 
‘‘(aa) include, at a min-
imum, the services listed in 
clause (ii); and 
‘‘(bb) be available to individ-
uals who are adults or dislocated 
workers in an integrated manner 
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1145 
to streamline access to assistance 
for such individuals, to avoid du-
plication of services, and to en-
hance coordination of services; 
and 
‘‘(II) may use funds allocated 
under paragraph (1), as necessary, to 
supplement the services that are pro-
vided pursuant to subclause (I) to in-
dividuals who are adults or dislocated 
workers. 
‘‘(ii) SERVICES.—The basic career 
services provided pursuant to clause (i) 
shall include— 
‘‘(I) provision of workforce and 
labor market employment statistics in-
formation, including the provision of 
accurate (and, to the extent prac-
ticable, real-time) information relating 
to local, regional, and national labor 
market areas, including— 
‘‘(aa) job vacancy listings in 
such labor market areas; 
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1146 
‘‘(bb) information on job 
skills necessary to obtain the jobs 
included on such listings; and 
‘‘(cc) information relating to 
local 
occupations 
in 
demand 
(which may include entrepreneur-
ship opportunities), and the earn-
ings, skill requirements, and op-
portunities for advancement for 
such occupations; 
‘‘(II) labor exchange services, in-
cluding job search and placement as-
sistance and, in appropriate cases, ca-
reer counseling, including— 
‘‘(aa) provision of informa-
tion on in-demand industry sec-
tors and occupations; 
‘‘(bb) provision of informa-
tion on nontraditional employ-
ment; and 
‘‘(cc) provision of informa-
tion on entrepreneurship, as ap-
propriate; 
‘‘(III)(aa) provision of informa-
tion, in formats that are usable by 
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and understandable to one-stop center 
customers, relating to the availability 
of supportive services or assistance, 
including child care, child support, 
medical or child health assistance 
under title XIX or XXI of the Social 
Security Act (42 U.S.C. 1396 et seq. 
and 1397aa et seq.), benefits under 
the supplemental nutrition assistance 
program established under the Food 
and Nutrition Act of 2008 (7 U.S.C. 
2011 et seq.), assistance through the 
earned income tax credit under sec-
tion 32 of the Internal Revenue Code 
of 1986, and assistance under a State 
program for temporary assistance for 
needy families funded under part A of 
title IV of the Social Security Act (42 
U.S.C. 601 et seq.) and other sup-
portive services and transportation 
provided through funds made avail-
able under such part, available in the 
local area; and 
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1148 
‘‘(bb) referral to the services or assist-
ance described in item (aa), as appro-
priate; 
‘‘(IV) provision of information 
and assistance regarding filing claims 
for unemployment compensation; and 
‘‘(V) assistance in establishing 
eligibility for programs of financial aid 
assistance for training and education 
programs that are not funded under 
this Act.’’; 
(C) in subparagraph (B), as so redesig-
nated— 
(i) in the heading, by striking the 
heading and inserting ‘‘INDIVIDUALIZED 
CAREER’’; 
(ii) in the matter preceding clause 
(i)— 
(I) by inserting ‘‘individualized’’ 
before ‘‘career services’’; and 
(II) by inserting ‘‘shall, to the ex-
tent practicable, be evidence-based,’’ 
before ‘‘and shall’’; 
(iii) in clause (iii), by inserting ‘‘, and 
a determination (considering factors in-
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cluding prior work experience, military 
service, education, and the in-demand in-
dustry sectors and occupations in the local 
area) of whether such an individual would 
benefit from a competency-based assess-
ment developed or identified by the State 
pursuant to subsection (a)(2)(B)(viii) to 
accelerate the time to obtaining employ-
ment that leads to economic self-sufficiency 
or career advancement’’ before the semi- 
colon at the end; 
(iv) by striking clauses (iv), (vi), (ix), 
(x), and (xi); 
(v) by redesignating clauses (v), (vii), 
(viii), (xii), and (xiii) as clauses (iv), (v), 
(vi), (vii), and (viii), respectively; 
(vi) in clause (v), as so redesignated, 
by inserting ‘‘and credential’’ after ‘‘by 
program’’; 
(vii) in clause (vi), as so redesignated, 
by inserting ‘‘and in multiple languages, to 
the extent practicable,’’ after ‘‘customers,’’; 
and 
(viii) in clause (vii), as so redesig-
nated— 
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1150 
(I) in subclause (I)(aa), as so re-
designated, by inserting ‘‘, including a 
competency-based assessment devel-
oped or identified by the State pursu-
ant to subsection (a)(2)(B)(viii)’’ after 
‘‘tools’’; 
(II) in subclause (VI), by insert-
ing ‘‘digital literacy skills,’’ after 
‘‘learning skills,’’; 
(III) in subclause (X), by strik-
ing ‘‘or’’ at the end; 
(IV) in subclause (XI)— 
(aa) by striking ‘‘language’’; 
and 
(bb) by striking ‘‘and’’ at 
the end and inserting ‘‘or’’; 
(V) by adding at the end the fol-
lowing: 
‘‘(XII) review or creation of a re-
sume or similar document showcasing 
the skills, experience, relevant creden-
tials, and education of the individual; 
and’’. 
(D) by amending subparagraph (C), as so 
redesignated, to read as follows: 
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‘‘(C) USE OF PREVIOUS ASSESSMENTS.—A 
one-stop operator or one-stop partner shall not 
be required to conduct a new interview, evalua-
tion, or assessment of a participant under sub-
paragraph (B)(vii) if the one-stop operator or 
one-stop partner determines that— 
‘‘(i) it is appropriate to use a recent 
interview, evaluation, or assessment of the 
participant conducted pursuant to another 
education or training program; and 
‘‘(ii) using such recent interview, eval-
uation, or assessment will accelerate an eli-
gibility determination.’’; and 
(E) in subparagraph (D), as so redesig-
nated— 
(i) in the matter preceding clause 
(i)— 
(I) by inserting ‘‘individualized’’ 
before ‘‘career’’; and 
(II) by striking ‘‘subparagraph 
(A)’’ and inserting ‘‘subparagraph 
(B)’’; and 
(ii) in clause (ii), by inserting ‘‘, li-
braries, and community-based organiza-
tions’’ after ‘‘nonprofit service providers’’. 
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1152 
(3) TRAINING SERVICES.—Section 134(c)(3) of 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3174(c)(3)) is amended— 
(A) in subparagraph (A)— 
(i) in clause (i), in the matter pre-
ceding subclause (I), by striking ‘‘clause 
(ii)’’ and inserting ‘‘clause (ii) or (iii)’’; 
(ii) by amending clause (i)(II) to read 
as follows: 
‘‘(II) who select programs of 
training services that are directly 
linked to the employment opportuni-
ties— 
‘‘(aa) in the local area or the 
planning region; 
‘‘(bb) in another area to 
which the adults or dislocated 
workers are willing to commute 
or relocate; or 
‘‘(cc) that may be performed 
remotely;’’. 
(iii) by redesignating clause (iii) as 
clause (iv); 
(iv) by inserting after clause (ii) the 
following: 
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1153 
‘‘(iii) EMPLOYER REFERRAL.— 
‘‘(I) IN
GENERAL.—A one-stop 
operator or one-stop partner shall not 
be required to conduct an interview, 
evaluation, or assessment of an indi-
vidual under clause (i) if such indi-
vidual— 
‘‘(aa) is referred by an em-
ployer to receive on-the-job train-
ing or employer-directed skills de-
velopment in connection with 
that employer; and 
‘‘(bb) has been certified by 
the employer as being an indi-
vidual who is in need of training 
services to obtain unsubsidized 
employment with such employer 
and who has the skills and quali-
fications to successfully partici-
pate in the selected program of 
training services. 
‘‘(II) PRIORITY.—A one-stop op-
erator or one-stop partner shall follow 
the priority system in effect under 
subparagraph (E) to determine wheth-
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1154 
er an individual who meets the re-
quirements of subclause (I) of this 
clause is eligible to receive training 
services.’’; and 
(v) by adding at the end the following: 
‘‘(v) ADULT EDUCATION AND FAMILY 
LITERACY ACTIVITIES.—In the case of an 
individual who, after an interview, evalua-
tion, or assessment under clause (i)(I), is 
determined to not have the skills and 
qualifications to successfully participate in 
the selected program of training services 
under clause (i)(I)(cc), the one-stop oper-
ator or one-stop partner shall refer such 
individual to adult education and literacy 
activities under title II, including for co-en-
rollment in such activities, as appro-
priate.’’; 
(B) in subparagraph (B)— 
(i) in clause (i)— 
(I) in subclause (I), by striking 
‘‘other grant assistance for such serv-
ices, including’’ and inserting ‘‘assist-
ance for such services under’’; and 
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1155 
(II) by striking ‘‘under other 
grant assistance programs, including’’ 
and inserting ‘‘under’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(iv) PARTICIPATION
DURING
ELIGI-
BILITY
DETERMINATION.—An individual 
may participate in a program of training 
services during the period during which 
such individual’s eligibility for training 
services under subparagraph (A)(i) is being 
determined, except that the provider of 
such a program shall receive reimburse-
ment under this Act for the individual’s 
participation during such period only if 
such individual is determined to be eligible 
under subparagraph (A)(i).’’; 
(C) in subparagraph (D)(xi), by striking 
‘‘customized training’’ and inserting ‘‘employer- 
directed skills development’’; 
(D) in subparagraph (E)— 
(i) by striking ‘‘are basic skills defi-
cient’’ and inserting ‘‘have foundational 
skill needs’’; and 
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1156 
(ii) 
by 
striking 
‘‘paragraph 
(2)(A)(xii)’’ 
and 
inserting 
‘‘paragraph 
(2)(B)(vii)’’; 
(E) in subparagraph (F)(ii), by inserting 
‘‘and the levels of performance for such pro-
viders on the performance criteria described in 
section 122(b) for the 2 most recent program 
years’’ after ‘‘in section 122(d)’’; 
(F) in subparagraph (G)(ii)— 
(i) in subclause (II), by striking ‘‘cus-
tomized training’’ and inserting ‘‘employer- 
directed skills development’’; and 
(ii) in subclause (IV)— 
(I) by striking ‘‘is a’’ and insert-
ing ‘‘is an evidence-based’’; and 
(II) by inserting ‘‘and to support 
such individuals in gaining requisite 
skills for in-demand industry sectors 
or occupations in the local area, ob-
taining recognized postsecondary cre-
dentials, and entering unsubsidized 
employment’’ after ‘‘employment’’; 
(G) in subparagraph (H)— 
(i) in clause (i), in the matter pre-
ceding subclause (I), by striking ‘‘reim-
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1157 
bursement described in section 3(44)’’ and 
inserting ‘‘reimbursement described in sec-
tion 3(48)’’; and 
(ii) in clause (ii)— 
(I) in subclause (I), by inserting 
‘‘, such as the extent to which partici-
pants are individuals with barriers to 
employment’’ 
after 
‘‘participants’’; 
and 
(II) in subclause (III), by insert-
ing ‘‘in an occupation or industry sec-
tor, including whether the skills a par-
ticipant will obtain are transferable to 
other employers, occupations, or in-
dustries in the local area or the 
State’’ after ‘‘opportunities’’; and 
(H) by adding at the end the following: 
‘‘(I) EMPLOYER-DIRECTED SKILLS DEVEL-
OPMENT.—An employer may receive a contract 
from a local board to provide employer-directed 
skills development to a participant or group of 
participants if the employer submits to the local 
board an agreement that establishes— 
‘‘(i) the provider of the skills develop-
ment program, which may be the employer; 
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‘‘(ii) the length of the skills develop-
ment program; 
‘‘(iii) the recognized postsecondary 
credentials that will be awarded to, or the 
occupational skills that will be gained by, 
program participants; 
‘‘(iv) the cost of the skills development 
program; 
‘‘(v) the estimated earnings of pro-
gram participants upon successful comple-
tion of the program; 
‘‘(vi) the amount of such cost that will 
be paid by the employer, which shall not be 
less than the amount specified in subpara-
graph (C) of section 3(19); and 
‘‘(vii) a commitment by the employer 
to employ the participating individual or 
individuals upon successful completion of 
the program.’’. 
(c) BUSINESS SERVICES.—Section 134(c) of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3174(c)) is further amended by adding at the end the fol-
lowing: 
‘‘(4) BUSINESS SERVICES.—Funds described in 
paragraph (1) shall be used to provide appropriate 
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recruitment and other business services and strate-
gies on behalf of employers, including small employ-
ers and mid-sized employers, that meet the work-
force investment needs of area employers, as deter-
mined by the local board and consistent with the 
local plan under section 108, which services— 
‘‘(A) may be provided— 
‘‘(i) through effective business inter-
mediaries working in conjunction with the 
local board; 
‘‘(ii) on a fee-for-service basis; or 
‘‘(iii) through the leveraging of eco-
nomic development, philanthropic, and 
other public and private resources in a 
manner determined appropriate by the 
local board; and 
‘‘(B) may include one or more of the fol-
lowing: 
‘‘(i) Developing and implementing in-
dustry sector strategies (including strate-
gies involving industry partnerships, re-
gional skills alliances, industry skill panels, 
and sectoral skills partnerships). 
‘‘(ii) Developing and delivering inno-
vative workforce investment services and 
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1160 
strategies for area employers, which may 
include career pathways, skills upgrading, 
skill standard development and certifi-
cation for recognized postsecondary creden-
tial or other employer use, apprenticeship, 
developing and offering industry-recognized 
credential (including short-term industry- 
recognized credential) programs, including 
those 
that 
support 
individuals 
with 
foundational skill needs, and other effective 
initiatives for meeting the workforce in-
vestment needs of area employers and 
workers. 
‘‘(iii) Assistance to area employers in 
managing reductions in force in coordina-
tion with rapid response activities provided 
under subsection (a)(2)(A) and developing 
strategies for the aversion of layoffs, which 
strategies may include early identification 
of firms at risk of layoffs, use of feasibility 
studies to assess the needs of and options 
for at-risk firms, and the delivery of em-
ployment and training activities to address 
risk factors. 
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1161 
‘‘(iv) The marketing of business serv-
ices offered under this title to appropriate 
area employers, including small and mid- 
sized employers. 
‘‘(v) Technical assistance or other 
support to employers seeking to implement 
skills-based hiring practices, which may in-
clude technical assistance on the use and 
validation of employment assessments, in-
cluding competency-based assessments de-
veloped or identified by the State pursuant 
to paragraph (2)(B)(viii), and support in 
the creation of skills-based job descrip-
tions. 
‘‘(vi) Other services described in this 
subsection, including providing information 
and referral to microenterprise services, as 
appropriate, and specialized business serv-
ices not traditionally offered through the 
one-stop delivery system.’’. 
(d) PERMISSIBLE LOCAL EMPLOYMENT AND TRAIN-
ING ACTIVITIES.— 
(1) ACTIVITIES.—Section 134(d)(1)(A) of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3174(d)(1)(A)) is amended— 
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1162 
(A) in clause (iii), by striking ‘‘10 percent’’ 
and inserting ‘‘30 percent’’; 
(B) in clause (v), by inserting ‘‘case man-
agement,’’ after ‘‘assessments,’’; 
(C) in clause (vi)— 
(i) in subclause (III), by striking 
‘‘and’’ at the end; 
(ii) by redesignating subclause (IV) as 
subclause (VI); and 
(iii) by inserting after subclause (III) 
the following: 
‘‘(IV) employment and training 
activities under subsections (d) and 
(o) of section 6 of the Food and Nu-
trition Act of 2008 (7 U.S.C. 2015); 
‘‘(V) programs under the Older 
Americans Act of 1965 (42 U.S.C. 
3001 et seq.) that support employ-
ment and economic security; and’’; 
(D) in clause (vii)— 
(i) in subclause (II)— 
(I) by inserting ‘‘and providers of 
supportive services,’’ after ‘‘small em-
ployers,’’; and 
(II) by striking ‘‘and’’ at the end; 
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1163 
(ii) in subclause (III), by inserting 
‘‘and’’ at the end; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(IV) to strengthen, through pro-
fessional development activities, the 
knowledge and capacity of one-stop 
staff to use the latest digital tech-
nologies, tools, and strategies to de-
liver high quality services and out-
comes for jobseekers, workers, and 
employers, which may incorporate uni-
versal design for learning;’’; 
(E) by striking clause (ix); 
(F) by redesignating clauses (x) through 
(xii) as clauses (ix) through (xi), respectively; 
(G) in clause (x), as so redesignated, by 
striking ‘‘and’’ at the end; 
(H) in clause (xi), as so redesignated, by 
striking the period at the end and inserting a 
semicolon; and 
(I) by adding at the end the following: 
‘‘(xii) training programs for individ-
uals who are dislocated workers as a result 
of advances in automation technology; 
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1164 
‘‘(xiii) the use of competency-based 
assessments for individuals upon initial as-
sessment of skills (pursuant to subsection 
(c)(2)(A)(iii)) or completion of training 
services or other learning experiences; 
‘‘(xiv) the development of partnerships 
between educational institutions (including 
area 
career 
and 
technical 
education 
schools, local educational agencies, and in-
stitutions of higher education) and employ-
ers to create or improve workforce develop-
ment programs to address the identified 
education and skill needs of the workforce 
and the employment needs of employers in 
a region, as determined based on the most 
recent analysis conducted by the local 
board under section 107(d)(2); and 
‘‘(xv) assistance to one or more public 
libraries located in the local area that has 
demonstrated success in leveraging addi-
tional resources (such as staff, facilities, 
computers, and learning materials) to pro-
vide free and open access to individualized 
career services, in order to promote and 
expand access to such services.’’. 
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1165 
(2) 
SUPPORTIVE
SERVICES.—Section 
134(d)(2)(B) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3174(d)(2)(B)) is amend-
ed, by inserting ‘‘, including through programs of 
one-stop partners, who are’’ after ‘‘programs’’. 
(3) 
NEEDS-RELATED
PAYMENTS.—Section 
134(d)(3) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3174(d)(3)) is amended— 
(A) in subparagraph (A), by inserting ‘‘or 
for financial assistance through a program car-
ried out by a one-stop partner’’ after ‘‘com-
pensation’’; and 
(B) in subparagraph (B), by inserting ‘‘or 
financial assistance through a program carried 
out by a one-stop partner’’ after ‘‘compensa-
tion’’ 
(4) 
INCUMBENT
WORKER
TRAINING
PRO-
GRAMS.— 
(A) IN GENERAL.—Section 134(d)(4)(A) of 
the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3174(d)(4)(A)) is amended— 
(i) in clause (i), by striking ‘‘20’’ and 
inserting ‘‘30’’; 
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1166 
(ii) by redesignating clauses (ii) and 
(iii) as clauses (iii) and (iv), respectively; 
and 
(iii) by inserting after clause (i) the 
following: 
‘‘(ii) INCREASE IN RESERVATION OF 
FUNDS.—Notwithstanding clause (i)— 
‘‘(I) with respect to a local area 
that had a rate of unemployment of 
not more than 3 percent for not less 
than 6 months during the preceding 
program year, clause (i) shall be ap-
plied by substituting ‘40 percent’ for 
‘30 percent’; or 
‘‘(II) with respect to a local area 
that meets the requirement in sub-
clause (I) and is located in a State 
that had a labor force participation 
rate of not less than 69 percent for 
not less than 6 months during the 
preceding program year, clause (i) 
shall be applied by substituting ‘45 
percent’ for ‘30 percent’.’’. 
(B) 
TRAINING
ACTIVITIES.—Section 
134(d)(4)(B) of the Workforce Innovation and 
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1167 
Opportunity Act (29 U.S.C. 3174(d)(4)(B)) is 
amended— 
(i) by striking ‘‘The training’’, and in-
serting the following: 
‘‘(i) IN
GENERAL.—The training’’; 
and 
(ii) by striking ‘‘delivering training’’ 
and inserting ‘‘delivering training, such as 
industry or sector partnerships’’. 
(C) 
NON-FEDERAL
SHARE.—Section 
134(d)(4)(D)(ii)(III) of the Workforce Innova-
tion 
and 
Opportunity 
Act 
(29 
U.S.C. 
3174(d)(4)(D)(ii)(III)) is amended by striking 
‘‘50’’ and inserting ‘‘55’’. 
(D) INCUMBENT WORKER UPSKILLING AC-
COUNTS.—Section 134(d)(4) of the Workforce 
Innovation and Opportunity Act (29 U.S.C. 
3174(d)(4)) is further amended by adding at 
the end the following: 
‘‘(E) INCUMBENT
WORKER
UPSKILLING 
ACCOUNTS.— 
‘‘(i) IN
GENERAL.—To establish in-
cumbent 
worker 
upskilling 
accounts 
through which an eligible provider of train-
ing services under section 122 may be paid 
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1168 
for the program of training services pro-
vided to an incumbent worker, a local 
board— 
‘‘(I)(aa) may use, from the funds 
reserved by the local area under sub-
paragraph (A)(i), an amount that 
does not exceed 5 percent of the funds 
allocated to such local area under sec-
tion 133(b); or 
‘‘(bb) if the local area reserved funds 
under subparagraph (A)(ii), may use, from 
the funds reserved by the local area under 
subparagraph (A)(ii), an amount that does 
not exceed 10 percent of the funds allo-
cated to such local area under section 
133(b); and 
‘‘(II) may use funds reserved 
under section 134(a)(2)(A) for state-
wide rapid response activities and pro-
vided by the State to local area to es-
tablish such accounts. 
‘‘(ii) ELIGIBILITY.— 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), a local board that 
seeks to establish incumbent worker 
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1169 
upskilling accounts under clause (i) 
shall establish criteria for determining 
the eligibility of an incumbent worker 
to receive such an account, which 
shall take into account factors of— 
‘‘(aa) the wages of the in-
cumbent worker as of the date of 
determining such worker’s eligi-
bility under this clause; 
‘‘(bb) the career advance-
ment opportunities for the in-
cumbent worker in the occupa-
tion of such worker as of such 
date; and 
‘‘(cc) the ability of the in-
cumbent worker to, upon comple-
tion of the program of training 
services selected by such worker, 
secure employment in an in-de-
mand industry or occupation in 
the local area that will lead to 
economic 
self-sufficiency 
and 
wages higher than the current 
wages of the incumbent worker. 
‘‘(II) LIMITATION.— 
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1170 
‘‘(aa) IN GENERAL.—An in-
cumbent worker described in item 
(bb) shall be ineligible to receive 
an incumbent worker upskilling 
account under this subparagraph. 
‘‘(bb) INELIGIBILITY.—Item 
(aa) shall apply to an incumbent 
worker— 
‘‘(AA) whose total an-
nual wages for the most re-
cent year are greater than 
the median household in-
come of the State; or 
‘‘(BB) who has earned 
a baccalaureate or profes-
sional degree. 
‘‘(iii) COST SHARING FOR CERTAIN IN-
CUMBENT WORKERS.—With respect to an 
incumbent worker who is determined to be 
eligible to receive an incumbent worker 
upskilling account and who is not a low-in-
come individual— 
‘‘(I) such incumbent worker shall 
pay not less than 25 percent of the 
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cost of the program of training serv-
ices selected by such worker; and 
‘‘(II) funds provided through the 
incumbent worker upskilling account 
established for such worker shall cover 
the remaining 75 percent of the cost 
of the program.’’. 
(E) 
TRANSITIONAL
JOBS.—Section 
134(d)(5) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3174(d)(5)) is amend-
ed by striking ‘‘10’’ and inserting ‘‘15’’. 
(e) RULE OF CONSTRUCTION.—Section 134 of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3174) is further amended by adding at the end the fol-
lowing: 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to abrogate a collective bargaining 
agreement that covers employees of an entity providing a 
program of training services, including an incumbent 
worker training program.’’. 
CHAPTER 4—GENERAL WORKFORCE 
INVESTMENT PROVISIONS 
SEC. 145. AUTHORIZATION OF APPROPRIATIONS. 
Section 136 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3181) is amended to read as follows: 
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‘‘SEC. 136. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) YOUTH
WORKFORCE
INVESTMENT
ACTIVI-
TIES.—There are authorized to be appropriated to carry 
out 
the 
activities 
described 
in 
section 
127(a) 
$976,573,900 for each of the fiscal years 2025 through 
2030. 
‘‘(b) ADULT EMPLOYMENT AND TRAINING ACTIVI-
TIES.—There are authorized to be appropriated to carry 
out 
the 
activities 
described 
in 
section 
132(a)(1) 
$912,218,500 for each of the fiscal years 2025 through 
2030. 
‘‘(c) DISLOCATED
WORKER
EMPLOYMENT
AND 
TRAINING ACTIVITIES.—There are authorized to be ap-
propriated to carry out the activities described in section 
132(a)(2) $1,391,483,193 for each of the fiscal years 
2025 through 2030.’’. 
Subtitle D—Job Corps 
SEC. 151. PURPOSES. 
Section 141 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3191) is amended— 
(1) by striking ‘‘centers’’ each place it appears 
and inserting ‘‘campuses’’; and 
(2) in paragraph (1)(A)— 
(A) by striking ‘‘secondary school diplo-
mas’’ and inserting ‘‘regular high school diplo-
mas or their recognized equivalents’’; 
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(B) in clause (i), by striking ‘‘or’’ at the 
end; 
(C) in clause (ii), by striking ‘‘, including 
an apprenticeship program; and’’ and inserting 
‘‘; or’’; and 
(D) by adding at the end the following: 
‘‘(iii) enrollment in an apprenticeship 
program; and’’. 
SEC. 152. DEFINITIONS. 
Section 142 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3192) is amended— 
(1) in paragraphs (1), (7), (8), and (10), by 
striking ‘‘center’’ each place it appears and inserting 
‘‘campus’’; 
(2) in paragraph (1)(B), by inserting ‘‘the com-
munity in which the Job Corps campus is located or 
the’’ after ‘‘serves’’; 
(3) in paragraph (5)— 
(A) by striking ‘‘secondary school diploma 
or’’ and inserting ‘‘regular high school diploma 
or its’’; 
(B) by striking ‘‘that prepares’’ and insert-
ing ‘‘that— 
‘‘(A) prepares’’; 
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1174 
(C) in subparagraph (A), as so redesig-
nated, by striking the period at the end and in-
serting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(B) may lead to the attainment of a rec-
ognized postsecondary credential.’’; and 
(4) in paragraph (7), by striking ‘‘CENTER’’ in 
the heading and inserting ‘‘CAMPUS’’. 
SEC. 153. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS. 
Section 144 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3194) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘21’’ and inserting 
‘‘24’’; 
(ii) by inserting ‘‘ or, if the date of 
enrollment is not greater than 60 days 
after the date of application, the date of 
application,’’ after ‘‘enrollment,’’; 
(iii) by amending subparagraph (A) to 
read as follows: 
‘‘(A) an individual who is age 16 or 17 
shall be eligible only upon an individual deter-
mination by the director of a Job Corps campus 
that such individual meets the criteria described 
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in subparagraph (A) or (B) of section 
145(b)(1); and’’; and 
(iv) in subparagraph (B), by striking 
‘‘either’’; 
(B) in paragraph (2), by inserting after 
‘‘individual’’ the following: ‘‘or a resident of a 
qualified opportunity zone as defined in section 
1400Z–1(a) of the Internal Revenue Code of 
1986’’; and 
(C) in paragraph (3)— 
(i) by amending subparagraph (A) to 
read as follows: 
‘‘(A) Has foundational skill needs.’’; and 
(ii) in subparagraph (C)— 
(I) by striking ‘‘A homeless indi-
vidual (as’’ and inserting ‘‘An indi-
vidual 
experiencing 
homelessness 
(meaning a homeless individual as’’; 
(II) by striking ‘‘(42 U.S.C. 
14043e-2(6)))’’ and inserting ‘‘(34 
U.S.C. 12473(6)))’’; and 
(III) by striking ‘‘homeless child 
or youth (as’’ and inserting ‘‘youth 
experiencing homelessness (meaning a 
homeless child or youth as’’; 
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(2) in subsection (b)— 
(A) in the heading, by inserting ‘‘AND 
CERTAIN OTHER ARMED FORCES MEMBERS’’ 
after ‘‘VETERANS’’; and 
(B) by inserting ‘‘or a member of the 
Armed Forces eligible for preseparation coun-
seling of the Transition Assistance Program 
under section 1142 of title 10, United States 
Code,’’ after ‘‘a veteran’’; and 
(3) by inserting at the end the following: 
‘‘(c) SPECIAL RULE
FOR YOUTH EXPERIENCING 
HOMELESSNESS AND FOSTER YOUTH.—In determining 
whether an individual is eligible to enroll for services 
under this subtitle on the basis of being a youth experi-
encing homelessness, or a youth in foster care, as de-
scribed in subsection (a)(3)(C), staff shall— 
‘‘(1) if determining whether the individual is a 
youth experiencing homelessness, use a process that 
is in compliance with the requirements of subsection 
(a) of section 479D of the Higher Education Act of 
1965 (20 U.S.C. 1087uu–2) for financial aid admin-
istrators; and 
‘‘(2) if determining whether the individual is a 
youth in foster care, use a process that is in compli-
ance with the requirements of subsection (b) of such 
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section 479D of the Higher Education Act of 1965 
(20 U.S.C. 1087uu–2) for financial aid administra-
tors.’’. 
SEC. 154. RECRUITMENT, SCREENING, SELECTION, AND AS-
SIGNMENT OF ENROLLEES. 
Section 145 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3195) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘45’’ and inserting ‘‘55’’; 
(ii) in subparagraph (D), by striking 
‘‘and’’; 
(iii) in subparagraph (E), by striking 
the period and inserting ‘‘; and’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(F) assist applicable one-stop centers and 
other entities identified in paragraph (3) in de-
veloping joint applications for Job Corps, 
YouthBuild, and the youth activities described 
in section 129.’’; and 
(2) in subsections (b), (c), and (d)— 
(A) by striking ‘‘center’’ each place it ap-
pears and inserting ‘‘campus’’; and 
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(B) by striking ‘‘centers’’ each place it ap-
pears and inserting ‘‘campuses’’. 
SEC. 155. JOB CORPS CAMPUSES. 
Section 147 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3197) is amended— 
(1) in the heading, by striking ‘‘CENTERS’’ 
and inserting ‘‘CAMPUSES’’; 
(2) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘center’’ each place it 
appears and inserting ‘‘campus’’; and 
(ii) in subparagraph (A), by inserting 
after ‘‘area career and technical education 
school,’’ the following: ‘‘an institution of 
higher education,’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘center’’ each 
place it appears and inserting ‘‘cam-
pus’’; and 
(II) by inserting after ‘‘United 
States Code,’’ the following: ‘‘and sec-
tion 159(f)(2)(B)(i)(III),’’; and 
(ii) in subparagraph (B)— 
(I) in clause (i)— 
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(aa) by striking ‘‘operate a 
Job Corps center’’ and inserting 
‘‘operate a Job Corps campus’’; 
(bb) by striking subclause 
(IV); 
(cc) by redesignating sub-
clauses (I), (II), (III), and (V), 
as subclauses (III), (IV), (V), 
and (VI), respectively; 
(dd) by inserting before sub-
clause (III), as so redesignated, 
the following: 
‘‘(I)(aa) in the case of an entity 
that has previously operated a Job 
Corps campus, a numeric metric of 
the past achievement on the primary 
indicators of performance for eligible 
youth 
described 
in 
section 
116(b)(2)(A)(ii); or 
‘‘(bb) in the case of an entity that has 
not previously operated a Job Corps cam-
pus, a comparable alternative numeric met-
ric on the past effectiveness of the entity 
in successfully assisting at-risk youth to 
connect to the labor force, based on such 
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primary indicators of performance for eligi-
ble youth; 
‘‘(II) in the case of an entity that 
has previously operated a Job Corps 
campus, any information regarding 
the entity included in any report de-
veloped by the Office of Inspector 
General 
of 
the 
Department 
of 
Labor;’’; 
(ee) in subclause (III), as so 
redesignated, by striking ‘‘cen-
ter’’ and inserting ‘‘campus’’; 
(ff) by amending subclause 
(IV), as so redesignated, to read 
as follows: 
‘‘(IV) the ability of the entity to 
offer career and technical education 
and training that has been proposed 
by the workforce council under section 
154(c), including— 
‘‘(aa) the degree to which 
such education and training re-
flects employment opportunities 
in the local areas in which enroll-
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ees at the campus intend to seek 
employment; and 
‘‘(bb) the degree to which 
such education and training leads 
to a recognized postsecondary 
credential, or postsecondary cred-
it, that permits articulation into 
a higher level or other degree or 
credential program;’’; 
(gg) in subclause (V), as so 
redesignated, by striking ‘‘center 
is located;’’ and inserting ‘‘cam-
pus is located, including agree-
ments 
to 
provide 
off-campus 
work-based learning opportunities 
aligned with the career and tech-
nical education provided to en-
rollees; and’’; and 
(hh) by amending subclause 
(VI), as so redesignated, to read 
as follows: 
‘‘(VI) the ability of the entity to 
implement an effective behavior man-
agement plan, as described in section 
152(a), and maintain a safe and se-
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1182 
cure learning environment for enroll-
ees.’’; and 
(II) in clause (ii), by striking 
‘‘center’’ and inserting ‘‘campus’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘center’’ each place it 
appears and inserting ‘‘campus’’; 
(ii) in subparagraph (B), by inserting 
‘‘or postsecondary credit, which credit shall 
permit articulation into a credential pro-
gram’’ after ‘‘program’’; 
(iii) in subparagraph (D), by inserting 
after ‘‘is located’’ the following: ‘‘, includ-
ing agreements to provide off-campus 
work-based learning opportunities aligned 
with the career and technical education 
provided to enrollees’’; 
(iv) by redesignating subparagraphs 
(E), (F), (G), (H), (I), (J), and (K) as 
subparagraphs (F), (G), (H), (I), (J), (K), 
and (L), respectively; and 
(v) by inserting after subparagraph 
(D) the following: 
‘‘(E) A description of the policies that will 
be implemented at the campus regarding secu-
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rity and access to campus facilities, including 
procedures to report on and respond to viola-
tions of the disciplinary policy described in sec-
tion 152(b) and other emergencies occurring on 
campus.’’; 
(3) in subsection (b)— 
(A) in the heading, by striking ‘‘CENTERS’’ 
and inserting ‘‘CAMPUSES’’; 
(B) by striking ‘‘center’’ each place it ap-
pears and inserting ‘‘campus’’; 
(C) by striking ‘‘centers’’ each place it ap-
pears and inserting ‘‘campuses’’; 
(D) in paragraph (2)(A), by striking ‘‘20 
percent’’ and inserting ‘‘25 percent’’; and 
(E) in paragraph (3)(A)(iv), by striking 
‘‘secondary school diplomas’’ and inserting 
‘‘regular high school diplomas’’; 
(4) in subsection (c)— 
(A) by striking ‘‘centers’’ and inserting 
‘‘campuses’’; and 
(B) by striking ‘‘20 percent’’ and inserting 
‘‘30 percent’’; 
(5) in subsection (d)— 
(A) in the first sentence, by striking ‘‘cen-
ters’’ and inserting ‘‘campuses’’; and 
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(B) in the second sentence, by striking 
‘‘centers’’ and inserting ‘‘Centers’’; 
(6) in subsection (e)— 
(A) in paragraph (1), by striking ‘‘centers’’ 
and inserting ‘‘campuses’’; and 
(B) in paragraph (2), by striking ‘‘450b)’’ 
and inserting ‘‘5304)’’; 
(7) in subsection (f), by striking ‘‘2-year pe-
riod’’ and inserting ‘‘3-year period’’; and 
(8) in subsection (g)— 
(A) by striking ‘‘center’’ each place it ap-
pears and inserting ‘‘campus’’; 
(B) in paragraph (1)— 
(i) by striking subparagraphs (A) and 
(B) and inserting the following: 
‘‘(A) failed to achieve an average of 80 
percent or higher of the expected level of per-
formance under section 159(c)(1) across all of 
the primary indicators of performance for eligi-
ble youth described in section 116(b)(2)(A)(ii); 
or 
‘‘(B) failed to— 
‘‘(i) take reasonable measures to 
achieve an average of 80 percent of the 
planned average onboard strength that was 
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agreed to in the agreement described in 
subsection (a)(1)(A); or 
‘‘(ii) achieve an average of 60 percent 
of the planned average onboard strength 
that was agreed to in the agreement de-
scribed in subsection (a)(1)(A).’’; 
(C) in paragraph (2)(B), by inserting ‘‘or 
onboard strength or enrollment’’ after ‘‘per-
formance’’; 
(D) in paragraph (3), by striking ‘‘shall 
provide’’ and inserting ‘‘shall provide, at least 
30 days prior to renewing the agreement’’; and 
(E) in paragraph (4)— 
(i) in subparagraph (C), by striking 
‘‘and’’ after the semicolon; 
(ii) by redesignating subparagraph 
(D) as subparagraph (E); and 
(iii) by inserting after subparagraph 
(C) the following: 
‘‘(D) has maintained a safe and secure 
campus environment; and’’. 
SEC. 156. PROGRAM ACTIVITIES. 
Section 148 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3198) is amended— 
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(1) by striking ‘‘center’’ each place it appears 
and inserting ‘‘campus’’; 
(2) by striking ‘‘centers’’ each place it appears 
and inserting ‘‘campuses’’; 
(3) in subsection (a)— 
(A) in the subsection heading, by striking 
‘‘CENTERS’’ and inserting ‘‘CAMPUSES’’; 
and 
(B) in paragraph (1)— 
(i) by inserting ‘‘incorporate the prin-
ciples of universal design for learning and 
may’’ after ‘‘may’’; 
(ii) by inserting before the period at 
the end the following: ‘‘, and productive ac-
tivities, such as tutoring or other skills de-
velopment opportunities, for enrollees to 
participate in outside of regular class time 
and work hours’’; and 
(iii) by striking ‘‘clauses (i) through 
(xi) of section 134(c)(2)(A)’’ and inserting 
‘‘subclauses (I) through (V) of section 
134(c)(2)(A)(ii) or in clauses (i) through 
(viii) of section 134(c)(2)(B)’’; 
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(4) in subsection (b), by striking ‘‘career and 
technical educational institutions’’ and inserting 
‘‘area career and technical education schools’’; 
(5) in subsection (c)(1)— 
(A) by striking ‘‘the eligible providers’’ and 
inserting ‘‘any eligible provider’’; and 
(B) by inserting after ‘‘under section 122’’ 
the following: ‘‘that is aligned with the career 
and technical education an enrollee has com-
pleted’’; and 
(6) in subsection (d), by inserting ‘‘, in coordi-
nation with the operator of the Job Corps program 
in which a graduate was enrolled,’’ after ‘‘Sec-
retary’’. 
SEC. 157. COUNSELING AND JOB PLACEMENT. 
Section 149(b) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3199(b)) is amended— 
(1) by inserting ‘‘, in coordination with the op-
erator of a Job Corps campus,’’ after ‘‘The Sec-
retary’’; 
(2) by inserting ‘‘assigned to such campus’’ 
after ‘‘for enrollees’’; and 
(3) by inserting ‘‘, in coordination with the op-
erator,’’ after ‘‘, the Secretary’’. 
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1188 
SEC. 158. SUPPORT. 
Section 150 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3200) is amended— 
(1) in subsection (a), by striking ‘‘centers’’ and 
inserting ‘‘campuses’’; and 
(2) by adding at the end the following: 
‘‘(d) PERIOD OF TRANSITION.—Notwithstanding the 
requirements of section 146(b), a Job Corps graduate may 
remain an enrollee and a resident of a Job Corps campus 
for not more than one month after graduation as such 
graduate transitions into independent living and employ-
ment if such graduate receives written approval from the 
director of the Job Corps campus to remain such a resi-
dent.’’. 
SEC. 159. OPERATIONS. 
Section 151 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3201) is amended— 
(1) by striking ‘‘center’’ each place it appears 
and inserting ‘‘campus’’; and 
(2) by adding at the end the following: 
‘‘(d) LOCAL AUTHORITY.— 
‘‘(1) IN GENERAL.—Subject to the limitations 
of the budget approved by the Secretary for a Job 
Corps campus, the operator of a Job Corps campus 
shall have the authority, without prior approval from 
the Secretary, to— 
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‘‘(A) hire staff and provide staff profes-
sional development; 
‘‘(B) set terms and enter into agreements 
with Federal, State, or local educational part-
ners, such as secondary schools, institutions of 
higher education, child development centers, 
units of Junior Reserve Officers’ Training 
Corps programs established under section 2031 
of title 10, United States Code, or employers; 
and 
‘‘(C) engage with and educate stakeholders 
(including eligible applicants for the Job Corps) 
about Job Corps operations, selection proce-
dures, and activities. 
‘‘(2) 
NONAPPLICABILITY.—Notwithstanding 
section 6702 of title 41, United States Code, or any 
other provision of law, chapter 67 of such title shall 
not apply to any agreement described in paragraph 
(1)(B) for the purpose of providing child care to en-
rollees between an entity described in such para-
graph and an operator of a Job Corps campus, if 
the operator is not using amounts made available 
under this subtitle to pay for such child care serv-
ices. 
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‘‘(e) PRIOR NOTICE.—Prior to making a change to 
the agreement described in section 147(a) or an operating 
plan described in this section, the Secretary shall solicit 
from the operators of the Job Corps campuses information 
on any operational costs the operators expect to result 
from such change.’’. 
SEC. 160. STANDARDS OF CONDUCT. 
Section 152 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3202) is amended— 
(1) by striking ‘‘centers’’ each place it appears 
and inserting ‘‘campuses’’; 
(2) in subsection (a), by inserting ‘‘As part of 
the operating plan required under section 151(a), 
the director of each Job Corps campus shall develop 
and implement a behavior management plan con-
sistent with the standards of conduct and subject to 
the approval of the Secretary.’’ at the end; 
(3) in subsection (b)(2)— 
(A) in subparagraph (A), by striking ‘‘or 
disruptive’’; and 
(B) in subparagraph (C)(ii), by inserting 
‘‘, subject to the appeal process described in 
subsection (c)’’ after ‘‘subparagraph (A)’’; and 
(4) by amending subsection (c) to read as fol-
lows: 
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1191 
‘‘(c) APPEAL PROCESS.— 
‘‘(1) 
ENROLLEE
APPEALS.—A 
disciplinary 
measure taken by a director under this section shall 
be subject to expeditious appeal in accordance with 
procedures established by the Secretary. 
‘‘(2) DIRECTOR APPEALS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of the A Stronger 
Workforce for America Act, the Secretary shall 
establish an appeals process under which the di-
rector of a Job Corps campus may submit a re-
quest that an enrollee who has engaged in an 
activity which is a violation of the guidelines es-
tablished pursuant to subsection (b)(2)(A) re-
main enrolled in the program, but be subject to 
other disciplinary actions in lieu of automatic 
separation from the program. 
‘‘(B) CONTENTS.—A request under sub-
paragraph (A) shall include— 
‘‘(i) a signed certification from the di-
rector attesting that, to the belief of the di-
rector, the continued enrollment of such 
enrollee would not impact the safety or 
learning environment of the campus; and 
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1192 
‘‘(ii) the behavioral records of such 
enrollee. 
‘‘(C) DEFAULT APPROVAL.—The Secretary 
shall review such appeal within 30 days of re-
ceiving such appeal and either approve or deny 
the appeal. An appeal shall be considered ap-
proved if the Secretary has not denied such ap-
peal after 30 days.’’. 
SEC. 161. COMMUNITY PARTICIPATION. 
Section 153 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3203) is amended— 
(1) by striking ‘‘center’’ each place it appears 
and inserting ‘‘campus’’; 
(2) in subsection (a), by striking ‘‘centers’’ and 
inserting ‘‘campuses’’; 
(3) in subsection (b)(1)(C)— 
(A) in clause (iii), by striking ‘‘and’’ at the 
end; and 
(B) by adding at the end the following: 
‘‘(v) industry or sector partnerships, where 
applicable; and’’; and 
(4) in subsection (c), in the heading, by striking 
‘‘CENTERS’’ and inserting ‘‘CAMPUSES’’. 
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1193 
SEC. 162. WORKFORCE COUNCILS. 
Section 154 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3204) is amended— 
(1) by striking ‘‘center’’ each place it appears 
and inserting ‘‘campus’’; 
(2) in subsection (b)(1)— 
(A) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(B) by redesignating subparagraph (C) as 
subparagraph (D); and 
(C) by inserting the following after sub-
paragraph (B): 
‘‘(C) representatives of community-based 
organizations; and’’; 
(3) in subsection (c)(2)(C), by inserting ‘‘, rec-
ognized postsecondary credentials,’’ after ‘‘skills’’; 
and 
(4) in subsection (d), in the heading, by strik-
ing ‘‘NEW CENTERS’’ and inserting ‘‘NEW CAM-
PUSES’’. 
SEC. 163. ADVISORY COMMITTEES. 
Section 155 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3205) is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
‘‘(a) IN GENERAL.—The Secretary’’; 
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(2) by striking ‘‘centers’’ and inserting ‘‘cam-
puses’’; 
(3) by striking ‘‘center’’ and inserting ‘‘cam-
pus’’; and 
(4) by adding at the end the following: 
‘‘(b) ADVISORY COMMITTEE TO IMPROVE JOB CORPS 
SAFETY AND PERFORMANCE.—Not later than one year 
after the date of enactment of the A Stronger Workforce 
for America Act, the Secretary shall establish an advisory 
committee to provide recommendations on effective or evi-
dence-based strategies to improve— 
‘‘(1) safety, security, and learning conditions on 
Job Corps campuses; 
‘‘(2) the standards for campus safety estab-
lished under section 159(c)(4); 
‘‘(3) the levels of performance established under 
section 159(c)(1), including recommendations to im-
prove the effectiveness and rigor of such levels of 
performance and recommendations to ensure such 
levels promote continuous performance improvement; 
and 
‘‘(4) the effectiveness of performance improve-
ment plans and other measures to continuously im-
prove the performance of the Job Corps program.’’. 
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SEC. 164. EXPERIMENTAL PROJECTS AND TECHNICAL AS-
SISTANCE. 
Section 156 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3206) is amended— 
(1) by striking ‘‘center’’ and inserting ‘‘cam-
pus’’; 
(2) by striking ‘‘centers’’ and inserting ‘‘cam-
puses’’; and 
(3) in subsection (b)— 
(A) by striking ‘‘1⁄4 of 1 percent to pro-
vide’’ and inserting ‘‘1.25 percent to provide’’; 
and 
(B) in paragraph (1), by striking ‘‘and’’ at 
the end of subparagraph (C) and by adding at 
the end the following: 
‘‘(D) in the development and implementa-
tion of a behavior management plan under sec-
tion 152(a); and 
‘‘(E) in complying with the campus and 
student safety standards described in section 
159(c)(4); and’’. 
SEC. 165. SPECIAL PROVISIONS. 
Section 158 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3208) is amended— 
(1) by striking ‘‘center’’ each place it appears 
and inserting ‘‘campus’’; and 
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(2) in subsection (f)— 
(A) by striking ‘‘may accept on behalf of 
the Job Corps or individual Job Corps cam-
puses charitable donations of cash’’ and insert-
ing ‘‘(or the Secretary of Agriculture, as appro-
priate), on behalf of the Job Corps, or a Job 
Corps campus operator, on behalf of such cam-
pus, may accept grants, charitable donations of 
cash,’’; and 
(B) by inserting at the end the following: 
‘‘Notwithstanding sections 501(b) and 522 of 
title 40, United States Code, any property ac-
quired by a Job Corps campus shall be directly 
transferred, on a nonreimbursable basis, to the 
Secretary.’’. 
SEC. 166. MANAGEMENT INFORMATION. 
(a) LEVELS OF PERFORMANCE.—Section 159 of the 
Workforce Innovation and Opportunity Act (29 U.S.C. 
3209) is amended— 
(1) by striking ‘‘center’’ each place it appears 
and inserting ‘‘campus’’; 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘The Secretary’’ and 
inserting the following: 
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‘‘(A) IN GENERAL.—The Secretary’’; 
(ii) by inserting ‘‘that are ambitious 
yet achievable and’’ after ‘‘program’’; and 
(iii) by adding at the end the fol-
lowing new subparagraphs: 
‘‘(B) LEVELS OF PERFORMANCE.—In es-
tablishing the expected levels of performance 
under subparagraph (A) for a Job Corps cam-
pus, the Secretary may take into account fac-
tors including— 
‘‘(i) how the levels involved compare 
with the recent performance of such cam-
pus and the performance of other cam-
puses within the same State or geographic 
region; 
‘‘(ii) the levels of performance set for 
the primary indicators of performance de-
scribed in section 116(b)(2)(A)(ii) for the 
youth programs authorized under chapter 
2 of subtitle B for the State in which the 
campus is located; 
‘‘(iii) the extent to which the levels in-
volved promote continuous improvement in 
performance on the primary indicators of 
performance by such campus and ensure 
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optimal return on the use of Federal 
funds; and 
‘‘(iv) any other considerations identi-
fied by the Secretary after reviewing the 
recommendations of the advisory group de-
scribed in section 155(b). 
‘‘(C) PERFORMANCE PER CONTRACT.—The 
Secretary shall ensure the expected levels of 
performance are established in the relevant con-
tract or agreement. 
‘‘(D) ADJUSTMENTS BASED ON ECONOMIC 
CONDITIONS AND INDIVIDUALS SERVED DURING 
THE PROGRAM YEAR.— 
‘‘(i) IN GENERAL.—In the event of a 
significant economic downturn, the Sec-
retary shall adjust the applicable levels of 
performance for each of the campuses for 
a program year to reflect the actual eco-
nomic conditions during such program 
year. 
‘‘(ii) REPORT
TO
CONGRESS.—Prior 
to implementing the adjustments described 
in clause (i), the Secretary shall submit to 
the Committee on Education and the 
Workforce of the House of Representatives 
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and the Committee on Health, Education, 
Labor, and Pensions of the Senate a re-
port explaining the reason for such adjust-
ments. 
‘‘(E) REVIEW
OF
LEVELS
OF
PERFORM-
ANCE.—The Office of Inspector General of the 
Department of Labor shall, every 5 years, sub-
mit to the Committee on Education and the 
Workforce of the House of Representatives and 
the Committee on Health, Education, Labor, 
and Pensions of the Senate, and publish in the 
Federal Register and on a publicly available 
website of the Department, a report con-
taining— 
‘‘(i) a quadrennial review of the ex-
pected levels of performance; and 
‘‘(ii) an evaluation of whether— 
‘‘(I) the Secretary is establishing 
such expected levels of performance in 
accordance with this Act; and 
‘‘(II) such expected levels have 
led to continued improvement of the 
Job Corps program.’’; 
(B) in paragraph (2)(B), by striking ‘‘(L), 
and (M)’’ and inserting ‘‘(M), and (N)’’; 
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(C) in paragraph (3)(B), by striking ‘‘(J), 
and (K)’’ and inserting ‘‘(K), and (L)’’; 
(D) by redesignating paragraph (4) as 
paragraph (5); 
(E) by inserting after paragraph (3) the 
following: 
‘‘(4) CAMPUS SAFETY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish campus and student safety standards. 
The Secretary shall provide technical assistance 
and develop a safety improvement plan for a 
Job Corps campus that fails to achieve such 
standards. 
‘‘(B) CONSIDERATIONS.—In establishing 
the campus and student safety standards under 
subparagraph (A), the Secretary shall take into 
account— 
‘‘(i) incidents related to safety that 
are reported to the Secretary; 
‘‘(ii) survey data from enrollees, fac-
ulty, staff, and community members; and 
‘‘(iii) any other considerations identi-
fied by the Secretary after reviewing the 
recommendations of the advisory group de-
scribed in section 155(b).’’; 
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(F) in paragraph (5), as so redesignated— 
(i) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting a semi-
colon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) the number of contracts that were 
awarded a renewal compared to those eligible 
for a renewal; 
‘‘(D) the number of campuses where the 
contract was awarded to a new operator; and 
‘‘(E) the number of campuses that were 
required to receive performance improvement, 
as described under subsection (f)(2).’’; and 
(G) by adding at the end the following: 
‘‘(6) WAGE
RECORDS.—The Secretary shall 
make arrangements with a State or other appro-
priate entity to facilitate the use of State wage 
records to evaluate the performance of Job Corps 
campuses on the employment and earnings indica-
tors described in clause (i)(III) of subparagraph (A) 
of section 116(b)(2) and subclauses (I) and (II) of 
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clause (ii) of such subparagraph for the purposes of 
the report required under paragraph (5).’’; 
(3) in subsection (d)(1)— 
(A) by inserting ‘‘and make available on 
the website of the Department pertaining to the 
Job Corps program in a manner that is con-
sumer-tested to ensure it is easily understood, 
searchable, and navigable,’’ after ‘‘subsection 
(c)(4),’’; 
(B) in subparagraph (B), by striking ‘‘gen-
der’’ and inserting ‘‘sex’’; 
(C) in subparagraph (F), by striking ‘‘reg-
ular secondary school diploma’’ and inserting 
‘‘regular high school diploma’’; 
(D) in subparagraph (G), by striking ‘‘reg-
ular secondary school diploma’’ and inserting 
‘‘regular high school diploma’’; 
(E) by redesignating subparagraphs (J) 
through (O) as subparagraphs (K) through (P), 
respectively; and 
(F) by inserting the following after sub-
paragraph (I): 
‘‘(J) the number of appeals under section 
152(c) and a description of each appeal that 
was approved;’’; 
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(4) in subsection (e), by striking ‘‘116(i)(2)’’ 
and inserting ‘‘116(j)(2)’’; and 
(5) in subsection (g)(2), by striking ‘‘comply’’ 
and inserting ‘‘attest to compliance’’. 
(b) PERFORMANCE ASSESSMENTS
AND IMPROVE-
MENTS.—Section 159(f) of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3209) is amended to read as 
follows: 
‘‘(f) PERFORMANCE ASSESSMENTS
AND IMPROVE-
MENTS.— 
‘‘(1) ASSESSMENTS.—The Secretary shall con-
duct an annual assessment of the performance of 
each Job Corps campus on the primary indicators of 
performance described in section 116(b)(2)(A)(ii), 
where each indicator shall be given equal weight in 
determining the overall performance of the campus. 
Based on the assessment, the Secretary shall take 
measures to continuously improve the performance 
of the Job Corps program. 
‘‘(2) PERFORMANCE IMPROVEMENT.— 
‘‘(A) COMPREHENSIVE IMPROVEMENT.— 
‘‘(i) IN GENERAL.—With respect to a 
Job Corps campus that, for a program 
year, performs as described in clause (ii) 
and is not already subject to a perform-
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