II 118th CONGRESS 2d Session S. 4494 IN THE SENATE OF THE UNITED STATES June 11, 2024 Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Workforce Innovation and Opportunity Act to improve the provisions relating to providers of training services.

1. Short title This Act may be cited as the WIL Act or the Workforce Innovation Leader Act . 2. Identification of eligible providers (a) Eligibility Section 122(a) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(a) ) is amended— (1) by striking paragraph (1) and inserting the following: (1) In general Except as provided in subsection (h)— (A) the Governor, after consultation with the State board, shall establish— (i) application and enforcement procedures and (only to the extent prescribed in subsection (b)(1)) criteria regarding the establishment of eligibility of providers of training services to receive funds provided under section 133(b) for the provision of training services, with respect to programs in the State; and (ii) application and enforcement procedures and (only to the extent prescribed in subsection (b)(2)) information requirements, including levels of performance on the indicators in the requirements with respect to such programs, to maintain such eligibility on the provider list described in subsection (d)(1) (referred to in this section as the standard provider list ); and (B) the Secretary shall establish application and enforcement procedures and (only to the extent prescribed in subsection (b)(3)) information requirements, including levels of performance on the indicators in the requirements with respect to such programs, to establish and maintain such eligibility on the Workforce Innovation Leaders List described in subsection (d)(2) (referred to in this section as the WIL provider list ). ; and (2) in paragraph (3)— (A) by striking the first sentence and inserting the following: (A) In general (i) Establishing eligibility A provider described in subparagraph (A) or (C) of paragraph (2) (referred to in this paragraph as a covered provider ) shall comply with the application and enforcement procedures and criteria described in paragraph (1)(A)(i), as determined by the corresponding Governor, to establish eligibility by being included on the standard provider list. A covered provider shall be on the standard provider list and shall comply with the criteria described in subsection (b)(1)(B), as determined by the Governor, and the application and enforcement procedures and criteria described in paragraph (1)(B), as determined by the Secretary, to establish eligibility by being included on the WIL provider list. (ii) Maintaining eligibility A covered provider shall comply with the application and enforcement procedures and information requirements described in paragraph (1)(A)(ii), as determined by the Governor, to maintain eligibility on the standard provider list. A covered provider shall comply with the application and enforcement procedures and information requirements described in paragraph (1)(B), as determined by the Secretary, to maintain eligibility on the WIL provider list. (B) Apprenticeship providers ; and (B) in subparagraph (B), as so designated, by striking the list and all that follows through (d) and inserting the standard provider list . (b) Criteria and information requirements Section 122(b) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(b) ) is amended to read as follows: (b) Criteria and information requirements (1) General criteria to establish eligibility The Governor shall establish criteria solely requiring each provider of training services that seeks to establish, with respect to a program— (A) eligibility under this section on the standard provider list, to demonstrate that— (i) the provider— (I) has a valid business license issued by the State or local government (as the case may be); (II) has been in business for not less than 2 years; and (III) has a Federal employer identification number issued by the Internal Revenue Service; and (ii) the program leads to a recognized postsecondary credential, including specifying the occupations for which the credential prepares individuals and the competencies achieved by the individuals; and (B) eligibility under this section on the WIL provider list, to resubmit information to make a demonstration described in clause (i)(I) or (ii), but only if the information previously submitted to make that demonstration is no longer accurate. (2) Information requirements to maintain eligibility on standard provider list (A) In general (i) Requirements The Governor shall establish information requirements that solely require each provider of training services that seeks to maintain eligibility on the standard provider list under this section to submit information as required under this paragraph. (ii) Timing If such an eligible provider provides training services to a participant, for which the participant uses an individual training account, not later than the last date of the fourth quarter after the participant's exit from the program, the provider shall submit information on the provider's performance on the indicators described in subparagraph (B) to the Secretary. (B) Information The eligible provider shall submit information on indicators that shall consist solely of— (i) the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program; (ii) the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; (iii) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program; (iv) the percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent (subject to section 116(b)(2)(A)(iii)), during participation in or within 1 year after exit from the program; and (v) the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment. (C) Levels of performance The Governor shall establish levels of performance on the indicators described in subparagraph (B) for maintaining eligibility on the standard provider list. (D) Determination The Governor shall determine whether the provider has demonstrated that the provider has met the levels of performance by examining the required information submitted under subparagraph (B) and any optional information submitted under paragraph (4). (3) Information requirements to establish and maintain eligibility on WIL provider list (A) In general (i) Requirements The Secretary shall establish information requirements (solely using indicators and levels specified in this paragraph) that require each provider of training services that seeks to establish or maintain eligibility on the WIL provider list under this section to submit information as required under this paragraph. (ii) Timing If such an eligible provider provides training services to a participant, for which the participant uses an individual training account, paragraph (2)(A)(ii) shall apply to the provider, with respect to the indicators described in subparagraph (B) of this paragraph. (B) Information The eligible provider shall submit information on indicators that shall consist solely of— (i) the percentage of program participants who complete the program; (ii) the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program; (iii) the median earnings of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; (iv) the indicators specified in clauses (i) through (iv) of paragraph (2)(B), or shall be deemed to have submitted information on those indicators if the provider has submitted a corresponding report under section 116(d)(4); and (v) the indicators specified in paragraph (2)(B)(v). (C) Levels of performance The Secretary shall establish levels of performance on the indicators described in subparagraph (B) for maintaining eligibility on the WIL provider list, which levels shall be— (i) 80 percent, for the indicator described in subparagraph (B)(i); (ii) 65 percent, for the indicator described in subparagraph (B)(ii); (iii) median earnings that are not less than 20 percent greater than the median earnings of a high school graduate in the local area in which the program is located or in which the participant obtains employment, whichever high school graduate earnings are greater, for the indicator described in subparagraph (B)(iii); and (iv) the levels established by the corresponding Governor under paragraph (2)(C), for the indicators described in clauses (iv) and (v) of subparagraph (B). (D) Determination The Secretary shall determine whether the provider has demonstrated that the provider met the levels of performance by examining the required information submitted under subparagraph (B) and any optional information submitted under paragraph (4). On determining that a provider on the standard provider list has met those levels of performance, the Secretary shall notify the Governor, and transmit to the Governor the information described in subsection (d)(2). The Governor shall remove the provider from the standard provider list and include the provider on the WIL provider list, accompanied by the information. (4) Optional information submissions An eligible provider that seeks to provide optional data, in addition to the information required under paragraph (2) or (3), for the website described in paragraph (7) or to establish the levels of performance under paragraph (3)(C) may submit to the Secretary information on the provider's performance on the corresponding indicators described in paragraph (2)(B) or (3)(B) from years prior to the first year for which corresponding information is required under paragraph (2)(B) or (3)(B), for the provider, or concerning individuals who have completed training services through the provider without the use of an individual training account. (5) Seal An eligible provider who demonstrates exceptional performance in providing training services by meeting the levels of performance described in paragraph (3)(C) as determined by the Secretary, shall be permitted to display a special seal for exceptional performance, of such design as the Secretary may approve, for display on all public materials. (6) State collection and submission of data A State may collect and submit information required under paragraph (2), (3), or (4) concerning a participant on an eligible provider’s behalf. An eligible provider that seeks to have the State conduct that collection and submission shall submit a request to the State, including information identifying the participant. On receipt of the request, the State may access unemployment insurance system wage data on the participant, to collect and submit the required information. (7) Website The Secretary shall make publicly available through the training provider results website of the Employment and Training Administration— (A) for a provider on the standard provider list, the accompanying information described in subsection (d)(1); and (B) for a provider on the WIL provider list, the accompanying information described in subsection (d)(2), and an identifier showing that the provider has demonstrated exceptional service in providing training services. . (c) Procedures Section 122(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(c) ) is amended— (1) in paragraph (1)— (A) by striking (1) and all that follows through procedures established and inserting the following: (1) Procedures for establishment A portion of the application and enforcement procedures established by the Governor and the Secretary ; (B) in the first sentence, by inserting , which shall not require the submission of information in excess of the information required to determine eligibility under subsection (b)(1)(A) for eligibility on the standard provider list, or under paragraphs (1)(B) and (3) of subsection (b) for eligibility on the WIL provider list after provision of training services ; and (C) in the second sentence, by striking respective roles of the State and local areas and inserting roles of the State and the Secretary ; and (2) in paragraph (2)— (A) by striking (2) and all that follows through The procedures established by and inserting the following: (2) Procedures for maintenance A portion of the application and enforcement procedures established by ; (B) by striking the Governor and inserting the Governor and the Secretary under subsection (a) ; (C) by striking biennial review and renewal and inserting maintenance ; and (D) by inserting , which shall not require the submission of information in excess of the information required to maintain eligibility under paragraph (2) of subsection (b) for eligibility on the standard provider list, or under paragraph (3) of subsection (b) for eligibility on the WIL provider list after of training services . (d) List and Information To Assist Participants in Choosing Providers Section 122(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(d) ) is amended— (1) by striking paragraphs (1) and (2) and inserting the following: (1) Standard provider list In order to facilitate and assist participants in choosing employment and training activities and in choosing providers of training services, the Governor shall ensure that a standard list of providers determined under paragraphs (1)(A) and (after initial establishment of eligibility) (2) of subsection (b) to be eligible under this section to offer a program in the State, is prepared (excluding providers later included on the WIL provider list). The list shall be accompanied by information identifying the recognized postsecondary credential offered by the provider and information submitted by the provider to make the demonstrations described in paragraphs (1)(A) and (2) of subsection (b). The list shall be provided to the local boards in the State, and made available to such participants and to members of the public through the one-stop delivery system in the State. (2) WIL provider list In order to offer that facilitation and assistance, the Governor shall ensure that a Workforce Innovation Leaders List of providers determined under paragraphs (1)(B) and (3) of subsection (b) to be eligible under this section to offer a program in the State, is prepared. The list shall be accompanied by information identifying the recognized postsecondary credential offered by the provider and information submitted by the provider to make the demonstrations described in paragraphs (1)(B) and (3) of subsection (b). The list shall be provided and made available as described in paragraph (1). ; and (2) in paragraph (3) by striking list and inserting lists . (e) Comments Section 122(e) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 2152(e) ) is amended— (1) by striking list each place it appears and inserting lists ; and (2) by striking Governor and inserting Governor or the Secretary, as the case may be, . (f) Enforcement Section 122(f)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(f)(1) ) is amended— (1) in the matter preceding subparagraph (A) by striking procedures and inserting application and enforcement procedures ; (2) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (3) by inserting after subparagraph (A) the following: (B) Failure to submit information Upon a determination, by an individual or entity specified in the procedures, that an eligible provider fails to submit information required by paragraph (2)(B) or (3)(B), as the case may be, of subsection (b) by the corresponding date specified in that subsection, the eligibility of such provider to receive funds through an individual training account under chapter 3 shall be terminated for a period of time that is not less than 3 years. ; and (4) in subparagraph (D), by striking subparagraph (A) or (B) and inserting subparagraph (A), (B), or (C) . 3. Conforming amendments (a) Local boards Section 107 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3122 ) is amended— (1) in subsection (d)(10)— (A) by striking subparagraph (C); (B) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (C) in subparagraph (D), as so redesignated— (i) by striking paragraphs (2) and (3) of section 134(c) and inserting section 134(c)(2) ; and (ii) by striking and training services ; and (2) in subsection (g)(1)(B)(i)— (A) in subclause (I), by adding and at the end; (B) by striking subclause (II); and (C) by redesignating subclause (III) as subclause (II). (b) Employment and training activities Section 134 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174 ) is amended— (1) in subsection (a)(2)(B)(v)(I), by striking list and inserting lists ; and (2) in subsection (c)(3)(F), in clauses (ii) and (iii), by striking list and inserting lists .