(a) Short title
This Act may be cited as the A Stronger Workforce for America Act of 2026.
(b) Table of Contents
The table of contents for this Act is as follows:
Section 101. Purposes
Section 2 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3101) is amended—
(1) in paragraph (1), by striking support services and inserting supportive services;
(2) in paragraph (2), by inserting, for youth and adults, after economic development systems;
(3) in paragraph (6), by striking of the workforce, reduce welfare dependency, and inserting of the workforce, provide economic mobility, reduce dependency on public assistance programs,; and
(4) by adding at the end the following:
(7) To prepare a globally competitive workforce by developing robust education and skills development programs for youth to access career pathways that will lead such youth into in-demand industry sectors and occupations.
(4) .
(a) Foundational skill needs
Section 3(5) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(5)) is amended to read as follows:
(5) Foundational skill needs
The term foundational skill needs means, with respect to an individual who is a youth or adult, that the individual—
(A) has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test; or
(B) is unable to compute or solve problems, is unable to read, write, or speak English, or does not possess digital literacy skills, at a level necessary to function in the individual's education or occupation, in the individual’s family, or in society.
(a) Foundational skill needs
.
(b) Career pathway
Section 3(7)(F) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(7)(F)) is amended by striking secondary school diploma and inserting regular high school diploma.
(c) Employer-Directed skills development
Section 3(14) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(14)) is amended to read as follows:
(14) Employer-Directed skills development
The term employer-directed skills development means skills development provided through a program—
(A) that is selected or designed to meet the specific skill demands of an employer (including a group of employers, such as an industry or trade association or an industry or sector partnership);
(B) that is conducted pursuant to the terms and conditions established under an employer-directed skills agreement described in section 134(c)(3)(I), including a commitment by the employer to employ an individual upon successful completion of the program; and
(C) for which the employer pays a portion of the cost of the program, as determined by the local board involved, which shall not be less than—
(i) 10 percent of the cost, in the case of an employer with 50 or fewer employees;
(ii) 25 percent of the cost, in the case of an employer with more than 50 but not more than 100 employees; and
(iii) 50 percent of the cost, in the case of an employer with more than 100 employees.
(c) Employer-Directed skills development
.
(d) Dislocated worker
Section 3(15)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(15)(B)) is amended—
(1) in clause (i), by inserting, including such a closure or layoff due to advances in automation technology before the semicolon; and
(2) in clause (iii), by striking section 134(c)(2)(A)(xii) and inserting section 134(c)(2)(B)(vii).
(e) Displaced homemaker
Section 3(16) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(16)) is amended, in the matter preceding subparagraph (A), by striking family members and inserting a family member.
(f) English learner
Section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) is further amended—
(1) in paragraph (21)—
(A) in the heading, by striking language; and
(B) by striking language; and
(2) in paragraph (24)(I), by striking language.
(g) Individual with a barrier to employment
Section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)) is amended—
(1) in subparagraph (G), by striking (42 U.S.C. 14043e-2(6))) and inserting (34 U.S.C. 12473(6)));
(2) by redesignating subparagraphs (I) through (N) as subparagraphs (J) through (O), respectively;
(3) by inserting after subparagraph (H) the following:
(I) Out of school youth.
(3) ; and
(4) in subparagraph (K), as so redesignated, by striking section 167(i) and inserting 167(j).
(h) Industry or sector partnership
Section 3(26) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(26)) is amended—
(1) in subparagraph (A)(ii), by striking or another labor representative, as appropriate; and inserting and, to the extent practicable, another labor representative;; and
(2) in subparagraph (B)—
(A) by redesignating clauses (vi) through (xi) as clauses (viii) through (xiii), respectively; and
(B) by striking clause (v) and inserting the following:
(v) State educational agencies or local educational agencies;
(vi) State higher education agencies, as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003), or State systems of higher education;
(vii) other State or local agencies;
(B) .
(i) Local area
Section 3(32) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(32)) is amended by striking sections 106(c)(3)(A) and inserting sections 106(c)(4)(A).
(j) Educational agencies
Section 3(34) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(34)) is amended to read as follows:
(1) Local educational agency; State educational agency
The terms local educational agency and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965.
(j) Educational agencies
.
(k) Local plan
Section 3(35) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(32)) is amended by striking section 106(c)(3)(B) and inserting section 106(c)(4)(B).
(l) Low-income individual
Section 3(36)(A)(iii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(36)(A)(iii)) is amended by striking (42 U.S.C. 14043e-2(6))) and inserting (34 U.S.C. 12473(6))).
(m) Pay-for-Performance contract strategy
Section 3(47) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(47)) is amended to read as follows:
(47) Pay-for-performance contract strategy
The term pay-for-performance contract strategy means a performance-based contract strategy that uses pay-for-performance contracts in the provision of services described in paragraph (2) or (3) of section 134(c) or activities described in section 129(c)(2), and includes—
(A) contracts, each of which—
(i) shall specify a fixed amount that will be paid to an eligible service provider (which may include a local or national community-based organization or intermediary, community college, or other provider) based on the achievement of specified levels of performance on the primary indicators of performance described in section 116(b)(2)(A) for target populations as identified by the local board and which shall identify a specific target for the number or percentage of individuals to be served that will be individuals with barriers to employment, within a defined timetable; and
(ii) may provide for bonus payments to such service provider to expand capacity to provide effective training and other services, including bonus payments for exceeding the identified target for serving individuals with barriers to employment;
(B) a strategy for validating the achievement of the performance described in subparagraph (A); and
(C) a description of how the State or local area will reallocate funds not paid to a provider because the achievement of the performance described in subparagraph (A) did not occur, for further activities related to such a contract strategy, subject to section 189(g)(2)(D).
(m) Pay-for-Performance contract strategy
.
(n) Rapid response activity
Section 3(51) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(51)) is amended—
(1) in the matter preceding subparagraph (A), by inserting, through a rapid response unit after designated by a State;
(2) in subparagraph (B), by inserting before the semicolon at the end the following:, including access through individual training accounts for eligible dislocated workers under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a);
(3) in subparagraph (D), by striking and at the end;
(4) by redesignating subparagraph (E) as subparagraph (F);
(5) by inserting after subparagraph (D) the following new subparagraph:
(E) assistance in identifying workers eligible for assistance, including workers who work a majority of their time offsite or remotely;
(5) ;
(6) in subparagraph (F), as so redesignated, by striking the period at the end and inserting; and; and
(7) by adding at the end the following:
(G) the provision of business engagement or layoff aversion strategies and other activities designed to prevent or minimize the duration of unemployment, such as—
(i) connecting employers to short-term compensation or other programs designed to prevent layoffs;
(ii) conducting worker skill assessment, and programs to match workers to different occupations;
(iii) establishing incumbent worker training or other upskilling approaches, including through incumbent worker upskilling accounts described in section 134(d)(4)(E);
(iv) facilitating business support activities, such as connecting employers to programs that offer access to credit, financial support, and business consulting; and
(v) partnering or contracting with business-focused organizations to assess risks to companies, and to propose, implement, and measure the impact of strategies and services to address such risks.
(7) .
(o) School dropout
Section 3(54) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(54)) is amended by striking secondary school diploma and inserting regular high school diploma.
(p) Supportive services
Section 3(59) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(59)) is amended by striking housing, and inserting assistive technology, housing, food assistance,.
(q) New definitions
Section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) is further amended by adding at the end the following:
(72) Co-enrollment
The term co-enrollment means simultaneous enrollment in more than one of the programs or activities carried out by a one-stop partner specified in section 121(b)(1)(B).
(73) Digital literacy skills
The term digital literacy skills has the meaning given the term in section 203.
(74) Evidence-based
The term evidence-based, when used with respect to an activity, service, strategy, or intervention, or content of materials, means an activity, service, strategy, or intervention, or content of materials that—
(A) demonstrates a statistically significant effect on improving participant outcomes or other relevant outcomes based on—
(i) strong evidence from at least 1 well-designed and well-implemented experimental study;
(ii) moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or
(iii) promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; or
(i) demonstrates a rationale based on high-quality research findings or positive evaluation that such activity, service, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and
(ii) includes ongoing efforts to examine the effects of such activity, service, strategy, or intervention.
(75) Labor organization
The term labor organization means a labor organization, as defined in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)), and an organization representing public sector employees.
(76) Regular high school diploma
The term regular high school diploma has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(77) Work-based learning
The term work-based learning has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(A) Talent marketplace
The term talent marketplace means an array of publicly- and privately-owned platforms supported by interconnected and, where relevant, interoperable and based on open standards, technologies (which may include artificial intelligence) that—
(i) is made available to the public;
(ii) is used to match individuals with employment and learning opportunities in a State (or a consortium of States) using information provided by users, including—
(I) education and training providers;
(II) employers;
(III) jobseekers;
(IV) students; and
(V) any other individual; and
(iii) incorporates and allows users access to—
(I) the learning and employment records of users of such marketplace;
(II) a credential registry; and
(III) a skills profile generator.
(B) Credential registry
The term credential registry means a process through which a digital portal or repository may be used by education and training providers to make publicly available, and, where relevant, interoperable and based on open standards, a description, using standardized terminology, of the skills, competencies and learning outcomes associated with credentials, including recognized postsecondary credentials.
(C) Learning and employment record
The term learning and employment record means a digital, machine-readable record of an individual’s educational and employment history that—
(i) contains information that may be self attested and is verified by the employers, persons for whom the individual performed services, and education and training providers of such individual;
(ii) allows the individual to control such information and use any such information for the purpose of matching such individual with employment and learning opportunities as described in subparagraph (A)(ii); and
(iii) uses standardized terminology.
(D) Skills profile generator
The term skills profile generator means a digital tool that can be used to create a skill profile that, using standardized terminology, describes skills gained through, or necessary for—
(i) employment;
(ii) hiring; or
(iii) education.
(E) Standardized terminology
The term standardized terminology means, in relation to a learning employment record, credential registry, or skills profile generator made available through a talent marketplace, a limited set of terms that is provided through a publicly available, and, where relevant, interoperable and based on open standards, skills framework and used to describe skills, competencies, or learning outcomes in a manner that—
(i) provides a definition of such skill, competency, or outcome, and identifies the skills framework used for such definition;
(ii) ensures that identical terms are used to describe substantially similar skills, competencies, or outcomes across such records, registries, and generators in such marketplace; and
(iii) permits such terms to be effectively used for the purpose of matching individuals with employment and learning opportunities as described in subparagraph (A)(ii).
(q) New definitions
.
(r) Redesignations
Section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) is further amended by reordering paragraphs (1) through (71), as amended by this section, and the paragraphs added by subsection (q) of this section in alphabetical order, and renumbering such paragraphs as so reordered.
Section 103. Table of contents amendments
The table of contents in section 1(b) of the Workforce Innovation and Opportunity Act is amended—
(1) by redesignating the item relating to section 172 as section 175;
(2) by inserting after the item relating to section 171, the following:
(2) ; and
(3) by striking the item relating to section 190 and inserting the following:
(3) .
Section 111. State workforce development board
Section 101(d)(3)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112(d)(3)(B)) is amended by striking low-skilled adults and inserting adults with foundational skill needs.
Section 112. Unified State plan
Section 102 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112) is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) by redesignating subparagraphs (C) through (E) as subparagraphs (D) through (F), respectively;
(ii) by inserting the following after subparagraph (B):
(C) a description of—
(i) how the State will use real-time labor market information to continually assess the economic conditions and workforce trends described in subparagraphs (A) and (B); and
(ii) how the State will communicate changes in such conditions or trends to the workforce system in the State;
(ii) ;
(iii) in subparagraph (D), as so redesignated, by inserting the extent to which such activities are evidence-based, after of such activities,;
(iv) in subparagraph (E), as so redesignated—
(I) by striking and for meeting the skilled workforce needs of employers and inserting and for preparing workers to meet the skilled workforce needs of employers and to enter and remain in unsubsidized employment; and
(II) by striking and at the end;
(v) in subparagraph (F), as so redesignated, by striking the period at the end and inserting a semicolon; and
(vi) by adding at the end the following:
(G) a description of activities the State is conducting to expand economic opportunity for individuals and reduce barriers to labor market entry by—
(i) developing, in cooperation with employers, education and training providers, and other stakeholders, statewide skills-based initiatives that promote the use of demonstrated skills and competencies as an alternative to the exclusive use of degree attainment as a requirement for employment or advancement in a career; and
(ii) evaluating the existing occupational licensing policies in the State and identifying potential changes to recommend to the appropriate State entity to—
(I) remove or streamline licensing requirements, as appropriate; and
(II) improve the reciprocity of licensing, including through participating in interstate licensing compacts;
(H) an analysis of the out-of-school youth population in the State, including the estimated number of out-of-school youth and any gaps in services provided to such population by other existing workforce development activities, as identified under subparagraph (D);
(I) a description of the availability of apprenticeship and pre-apprenticeship programs in the State and the providers of such programs, including any that serve youth; and
(J) a description of any strategies the State will use to prioritize the funding of evidence-based programs through the funds available for statewide workforce development activities described in section 128(a).
(vi) ; and
(B) in paragraph (2)—
(i) in subparagraph (B), by striking including a description and inserting which may include a description;
(ii) in subparagraph (C)(viii), by striking necessary for effective State operating systems and policies and inserting useful to States to be included in the State plan, on an optional basis;
(iii) in subparagraph (D)(i)—
(I) in subclause (II), by striking any; and
(II) in subclause (IV), by striking section 121(h)(2)(E) and inserting section 121(h)(1)(E); and
(iv) in subparagraph (E)—
(I) in clause (iv), by striking 116(i) and inserting 116(j); and
(II) in clause (x), by striking necessary for the administration of the core programs and inserting useful to States to be included in the State plan, on an optional basis; and
(2) in subsection (c)(3)—
(A) in subparagraph (A), by striking shall the second place it appears and inserting may; and
(B) in subparagraph (B)—
(i) by striking required; and
(ii) by inserting, except that communicating changes in economic conditions and workforce trends to the workforce system in the State as described in subsection (b)(1)(C) shall not be considered modifications subject to approval under this paragraph before the period at the end.
(a) Regions
Section 106(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3121(a)) is amended by adding at the end the following:
(3) Review
Before the second full program year after the date of enactment of the A Stronger Workforce for America Act of 2026, in order for a State to receive an allotment under section 127(b) or 132(b) and as part of the process for developing the State plan, a State shall—
(A) review each region in the State identified under this subsection (as such subsection was in effect on the day before the date of enactment of the A Stronger Workforce for America Act of 2026); and
(B) after consultation with the local boards and chief elected officials in the local areas and consistent with the considerations described in subsection (b)(1)(B)—
(i) revise such region and any other region impacted by such revision; or
(ii) make a determination to maintain such region with no revision.
(a) Regions
.
(b) Local areas
Section 106(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3121(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking subsection (d), and consistent with paragraphs (2) and (3), and inserting subsection (d); and
(B) in subparagraph (B), by striking (except for those local areas described in paragraphs (2) and (3)); and
(2) by striking paragraphs (2) through (7), and inserting the following:
(2) Continuation period
Except as provided in paragraph (5) of this subsection and subsection (d), in order to receive an allotment under section 127(b) or 132(b), the Governor shall maintain the designations of local areas in the State under this subsection (as in effect on the day before the date of enactment of the A Stronger Workforce for America Act of 2026) until the end of the third full program year after the date of enactment of the A Stronger Workforce for America Act of 2026.
(A) In general
Prior to the third full program year after the date of enactment of the A Stronger Workforce for America Act of 2026, the Governor shall—
(i) review the designations of local areas in the State (as in effect on the day before the date of enactment of the A Stronger Workforce for America Act of 2026); and
(I) based on the considerations described in paragraph (1)(B), issue proposed redesignations of local areas in the State through the process described in paragraph (1)(A), which shall—
(aa) include an explanation of the strategic goals and objectives that the State intends to achieve through such redesignations; and
(bb) be subject to the approval of the chief elected officials of the local areas in the State in accordance with the process described in subparagraph (C); or
(II) with respect to a State described in subsection (d)(2)(B), if the Governor determines that such State should be designated as a single State local area, conduct a process in accordance with the requirements of subsection (d)(2).
(B) Designation of local areas
A redesignation of local areas in a State that is approved by a majority of the chief elected officials of the local areas in the State through the process described in subparagraph (C) shall take effect on the first day of the 4th full program year after the date of enactment of the A Stronger Workforce for America Act of 2026.
(C) Process to reach majority approval
To approve a designation of local areas in the State, the chief elected officials of the local areas in the State shall comply with the following:
(i) Initial vote
Not later than 60 days after the Governor issues proposed redesignations under subparagraph (A), the chief elected official of each local area shall review the proposed redesignations and submit a vote to the Governor either approving or rejecting the proposed redesignations.
(ii) Results of initial vote
If a majority of the chief elected officials of the local areas in the State vote under clause (i)—
(I) to approve such proposed redesignations, such redesignations shall take effect in accordance with subparagraph (B); or
(II) to disapprove such proposed redesignations, the chief elected officials of the local areas in the State shall comply with the requirements of clause (iii).
(iii) Alternate redesignations
In the case of the disapproval described in clause (ii)(II), not later than 120 days after the Governor issues proposed redesignations under subparagraph (A), the chief elected officials of the local areas in the State shall—
(I) select 2 alternate redesignations of local areas—
(aa) one of which aligns with the regional economic development areas in the State; and
(bb) one of which aligns with the regions described in subparagraph (A) or (B) of subsection (a)(2); and
(II) conduct a vote to approve, by majority vote, 1 of the 2 alternate redesignations described in subclause (I).
(iv) Effective date of alternate designations
The alternate redesignations approved pursuant to clause (iii)(II) shall take effect in accordance with subparagraph (B).
(4) Subsequent alignment reviews
On the date that is the first day of the 12th full program year after the date of enactment of the A Stronger Workforce for America Act of 2026, and every 8 years thereafter, the Governor shall—
(A) review the designation of local areas; and
(B) carry out the requirements of paragraph (3)(A)(ii), except that any redesignation of local areas in a State that is approved by a majority of the chief elected officials of the local areas in the State through the process described in paragraph (3)(C) shall take effect on the first day of the next full program year after the Governor’s review pursuant to this paragraph.
(i) In general
At any time, and notwithstanding the requirements of paragraphs (2), (3), and (4), the Governor, upon receipt of a request for a redesignation of a local area described in clause (ii), may approve such request.
(ii) Requests
The following requests may be approved pursuant to clause (i) upon request:
(I) A request from multiple local areas to be redesignated as a single local area.
(II) A request from multiple local areas for a revision to the designations of such local areas, which would not impact the designations of local areas that have not made such request.
(III) A request for designation as a local area from an area described in section 107(c)(1)(C).
(B) Other redesignations
Other than the redesignations described in subparagraph (A), the Governor may only redesignate a local area outside of the process described in paragraphs (3) and (4), if the local area that will be subject to such redesignation has not—
(i) performed successfully;
(ii) sustained fiscal integrity; or
(iii) in the case of a local area in any planning region described in subparagraph (B) or (C) of subsection (a)(2), met the requirements described in subsection (c)(1).
(C) Effective date
Any redesignation of a local area approved by the Governor under subparagraph (A) or (B) shall take effect on the first date of the first full program year after such date of approval.
(A) In general
The chief elected official of a local area that is subject to a redesignation of such local area under paragraph (3), (4), or (5) may submit an appeal to maintain its existing designation to the State board under an appeal process established in the State plan as specified in section 102(b)(2)(D)(i)(III).
(B) State board requirements
The State board shall grant an appeal to maintain an existing designation of a local area described in subparagraph (A) only if the local board of the local area can demonstrate that the process for redesignation of such local area under paragraph (3), (4), or (5), as applicable, has not been followed.
(C) Secretarial requirements
If a request to maintain an existing designation as a local area is not granted as a result of such appeal, the Secretary, after receiving a request for review from the local board of such local area and determining that the local board was not accorded procedural rights under the appeals process referred to in subparagraph (A), shall—
(i) review the process for the redesignation of the local area under paragraph (3), (4), or (5), as applicable; and
(ii) upon determining that the applicable process has not been followed, require that the local area’s existing designation be maintained.
(7) Redesignation incentive
The State may provide funding from funds made available under sections 128(a)(1) and 133(a)(1) to provide payments to incentivize—
(A) groups of local areas to request to be redesignated as a single local area under paragraph (5)(A); or
(B) multiple local boards in a planning region to develop an agreement to operate as a regional consortium under subsection (c)(3).
(2) .
(c) Regional coordination
Section 106(c) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3121(c)) is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (F) through (H) as subparagraphs (G) through (I), respectively; and
(B) by inserting the following after subparagraph (E):
(F) the establishment of cost arrangements for services described in subsections (c) and (d) of section 134, including the pooling of funds for such services, as appropriate, for the region;
(B) ;
(2) in paragraph (2), by inserting, including to assist with establishing administrative costs arrangements or cost arrangements for services under subparagraphs (F) and (G) of such paragraph after delivery efforts;
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2), as so amended, the following:
(A) In general
The local boards and chief elected officials of any local area in any planning region described in subparagraph (B) or (C) of subsection (a)(2) may develop an agreement to receive funding under section 128(b) and section 133(b) as a single consortium for the planning region.
(B) Consortium agreements
If the local boards and chief elected officials develop such an agreement—
(i) one of the chief elected officials in the planning region shall designate the fiscal agent for the consortium;
(ii) the local boards shall develop a memorandum of understanding to jointly administer the activities for the consortium; and
(iii) the required activities for local areas under this Act (including the required functions of the local boards described in section 107(d)) shall apply to such a consortium as a whole and may not be applied separately or differently to the local areas or local boards within such consortium.
(4) .
(d) Single State local areas
Section 106(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3121(d)) is amended—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1), the following:
(A) Process
If, upon a review described in paragraph (3)(A) or (4)(B) of subsection (b) of a State described in subparagraph (B)of this paragraph, the Governor of such State determines, after consultation with the State board, that such State should be designated as a single State local area—
(i) the Governor shall propose to the legislature of the State to designate such State as a single State local area;
(ii) in a case in which the majority of the legislature of the State consents to the Governor’s proposed designation—
(I) such designation shall take effect in accordance with subparagraph (C); and
(II) the Governor shall identify the State as a local area in the State plan; and
(iii) in a case in which in which the majority of the legislature of the State does not so consent to the Governor’s proposed designation, the designations of the local areas in the State shall be maintained and shall be subject to the requirements of subsection (b)(4).
(B) State described
A State described in this subparagraph is a State that—
(i) has not been designated as a single State local area under paragraph (1); and
(I) has a population of less than 5,100,000, as determined by the last decennial census preceding such designation; or
(II) contains 5 or fewer local areas.
(C) Effective date
Notwithstanding subsection (b)(2), a designation described in paragraph (A) shall take effect on the later of—
(i) the first day of the third full program year after the date of enactment of the A Stronger Workforce for America Act of 2026; or
(ii) the first day of the first full program year following the date on which the Governor so designates the State as a single State local area.
(i) In general
At the end of the 5-year period beginning on the date on which a State is designated as a single State local area under subparagraph (A), the Secretary shall notify the Governor of such State if, during such 5-year period, the average of the overall State program scores (as referred to in section 116(f)(2)) across the adult and dislocated worker programs and youth programs authorized under chapters 2 and 3 of subtitle B are lower than the average of the State overall program scores across such programs during the 5-year period for such period ending on the date prior the date on which such State was so designated.
(I) In general
If, after receiving the notice described in clause (i) with respect to a State, the Governor determines—
(aa) that the designation of the State as a single State local area should be maintained, the Governor shall comply with subclause (II) or (III), as appropriate; or
(bb) that such designation should not be so maintained, the Governor shall reestablish the local areas that comprised the State prior to the designation of the State as a single State local area under subparagraph (A), and such reestablishment shall take effect on the first day of the first full program year after the Governor receives such notice.
(II) Requirements for maintaining designation
A designation described in subclause (I)(aa) with respect to a State may only be so maintained if the Governor—
(aa) not later than 180 days after the date on which Governor receives the notice described in clause (i), issues a public notice of the determination by the Governor that the designation of such State as a single State local area should be maintained; and
(bb) not later than 1 year after the date on which the Governor issues such public notice, the Governor receives the consent of a majority of the legislature of the State to so maintain the designation.
(III) Failure to meet requirements
If the Governor fails to comply with each of the requirements of subclause (II) with respect to a State—
(aa) a designation described in subclause (I)(aa) for such State may not be so maintained; and
(bb) the Governor shall reestablish the local areas that comprised the State prior to the designation of the State as a single State local area under subparagraph (A), and such reestablishment shall take effect on the first full program year after the date that is 1 year after the date on which the Governor issues the public notice described in subclause (II)(aa) with respect to the State.
(2) .
(e) Definition of performed successfully
Section 106(e)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3121(e)) is amended to read as follows:
(1) Performed successfully
The term performed successfully, used with respect to a local area, means the local area is not subject to corrective action as described in section 116(g)(2) on the local performance accountability measures for the most recent year for which data are available preceding the determination of performance under this paragraph.
(e) Definition of performed successfully
.
(a) Membership
Section 107(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3122(b)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (B), by striking 20 and inserting 30; and
(B) in subparagraph (C)—
(i) in clause (i), by inserting after title II the following: (such as corrections education programs under such title);
(ii) in clause (ii), by inserting after community colleges the following: and, as applicable, other institutions of higher education; and
(iii) by adding at the end the following:
(iv) may include faculty and staff members working directly with students in providing workforce investment activities through education or training programs that support an industry cluster.
(iii) ; and
(2) in paragraph (4)(A)—
(A) in clause (ii), by striking include and all that follows through the period at the end and inserting the following:
(A) include—
(I) representatives from community-based organizations and other representatives with professional expertise in youth workforce development programs and with a demonstrated record of success in serving eligible youth;
(II) out-of-school youth, including youth who are individuals with disabilities;
(III) at least 1 representative of a public or nonprofit agency that serves youth, including juvenile justice and child welfare agencies, and at least 1 representative of a local public housing authority;
(IV) for a local area in which a Job Corps campus (as such term is defined in section 142) is located, at least 1 representative of that campus; and
(V) for a local area in which a YouthBuild program (as such term is defined in section 171(b)) is carried out, at least 1 representative of such program.
(A) ; and
(B) by adding at the end the following:
(iv) A standing committee to provide information and to assist with planning, operational, and other issues relating to the engagement of representatives of the workforce in the local area, which—
(I) shall include at least 1 representative of local labor organizations or joint labor-management organizations, including at least 1 representative of either of such organizations with special interest or expertise in youth workforce readiness or apprenticeship and pre-apprenticeship programs that serve youth; and
(II) may include, in a local area with a significant number of dislocated workers (as determined by the local board), at least 1 representative with special interest or expertise in providing supports for finding education, training, and employment opportunities for dislocated workers.
(v) A standing committee to provide information and to assist with planning, operational, and other issues relating to the engagement of educational entities in the local area, which shall include, at a minimum—
(I) at least 1 representative of a local educational agency that serves students residing in such local area;
(II) at least 1 representative of institutions of higher education in the local area, including community colleges in the local area; and
(III) at least 1 representative of entities administering education and training activities, including career and technical education programs or after- school and summer learning programs, in the local area.
(vi) A standing committee to provide information and to assist with planning, operational, and other issues relating to the provision of services to offenders, including pre-release education, training, and career services for such individuals, which shall include—
(I) at least 1 offender; and
(II) representatives from community-based organizations with special interest or expertise in reentry services for incarcerated individuals and ex-offenders, including at least 1 representative of an organization that is a recipient of a grant under section 172.
(B) .
(b) Functions of local board
Section 107(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3122(d)) is amended—
(1) in paragraph (2)(A), by striking section 108(b)(1)(D) and inserting 108(b)(1)(E);
(2) in paragraph (3), by inserting, including, to the extent practicable, local representatives of the core programs and the programs described in section 121(b)(1)(B), after system stakeholders;
(3) in paragraph (4)—
(A) in subparagraph (B), by inserting and industry and sector partnerships after intermediaries;
(B) in subparagraph (C), by inserting, local educational agencies, community colleges and other institutions of higher education after economic development entities; and
(C) in subparagraph (D)—
(i) by striking proven and inserting evidence-based;
(ii) by inserting individual after needs of; and
(iii) by inserting from a variety of industries and occupations after and employers;
(4) in paragraph (5), by inserting and which, to the extent practicable, shall be aligned with career and technical education programs of study (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3)) offered within the local area before the period at the end;
(5) in paragraph (6)—
(A) in the heading, by striking PROVEN and inserting EVIDENCE–BASED;
(B) in subparagraph (A)—
(i) by striking proven and inserting evidence-based;
(ii) by inserting and covered veterans (as defined in section 4212(a)(3)(A) of title 38, United States Code) after employment; and
(iii) by inserting, and give priority to covered persons in accordance with section 4215 of title 38, United States Code after delivery system; and
(C) in subparagraph (B), by striking proven and inserting evidence-based;
(6) in paragraph (10)(C)—
(A) by inserting, on the State eligible training provider list, after identify; and
(B) by inserting that operate in or are accessible to individuals after training services; and
(7) in paragraph (12)(A), by striking activities and inserting funds allocated to the local area under section 128(b) and section 133(b) for the youth workforce development activities described in section 129 and local employment and training activities described in section 134(b), and the activities.
(c) Limitations
Section 107(g)(1)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3122(g)(1)(D)) is amended by striking needed or and inserting the following:, that the local board is failing to meet the requirements for eligible providers of training services under section 122, or.
Section 117. Local plan
Section 108 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3123) is amended—
(1) in subsection (a)—
(A) by striking section 102(b)(1)(E) and inserting section 102(b)(1)(F); and
(B) by striking shall prepare and inserting may prepare; and
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (E), (F), and (H), respectively;
(ii) by inserting the following after subparagraph (C):
(D) a description of—
(i) how the local board will use real-time labor market information to continually assess the economic conditions and workforce trends described in subparagraphs (A), (B), and (C); and
(ii) how changes in such conditions or trends will be communicated to jobseekers, education and training providers, and employers in the local area;
(ii) ;
(iii) in subparagraph (F), as so redesignated, by striking and at the end; and
(iv) by inserting after subparagraph (F), as so redesignated, the following:
(G) an analysis, which may be conducted in coordination with the State, of the out-of-school youth population in the local area including the estimated number of such youth and any gaps in services for such population from other existing workforce development activities, as identified under paragraph (9), and a description of how the local board will address any such gaps in services identified in such analysis; and
(iv) ;
(B) in paragraph (2), by striking section 102(b)(1)(E) and inserting “section 102(b)(1)(F);
(C) in paragraph (4)—
(i) in subparagraph (A)—
(I) by striking and at the end of clause (iii); and
(II) by adding at the end the following:
(v) carry out any statewide skills-based initiatives identified in the State plan that promote the use of demonstrated skills and competencies as an alternative to the exclusive use of degree attainment as a requirement for employment or advancement in a career; and
(II) ; and
(ii) in subparagraph (B), by striking customized training and inserting employer-directed skills development;
(D) in paragraph (6)(B), by inserting, such as the use of affiliated sites after means;
(E) in paragraph (9)—
(i) by striking including activities and inserting the following:
(i) including—
(A) the availability of community based organizations that serve youth primarily during nonschool time hours to carry out activities under section 129;
(B) activities
(i) ;
(ii) in subparagraph (B), as so redesignated—
(I) by inserting or evidence-based after successful; and
(II) by adding and at the end; and
(iii) by adding at the end the following:
(C) the availability of preapprenticeship and apprenticeship programs serving youth;
(iii) ;
(F) in paragraph (12), by inserting including as described in section 134(c)(2), after system,; and
(G) in paragraph (13), by inserting before the semicolon at the end the following:, and encourage eligible youth who are enrolled in adult education and literacy activities under title II to co-enroll in youth workforce investment activities carried out by the local board, as appropriate.
(1) Primary indicators of performance
Section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)) is amended—
(A) in clause (i)—
(i) in subclause (II)—
(I) by striking fourth and inserting second; and
(II) by inserting and remain in unsubsidized employment during the fourth quarter after exit from the program after the program;
(ii) in subclause (IV), by striking secondary school diploma and inserting regular high school diploma;
(iii) in subclause (V)—
(I) by striking, during a program year,;
(II) by striking are in and inserting enter into; and
(III) by inserting before the semicolon at the end the following: within 12 months after the quarter in which the participant enters into the education and training program; and
(iv) by amending subclause (VI) to read as follows:
(VI) of the program participants who received training services during a program year, the percentage of such program participants who participated in on-the-job training, employer-directed skills development, incumbent worker training, or an apprenticeship.
(iv) ;
(B) in clause (ii)—
(i) in subclause (II)—
(I) by striking fourth and inserting second;
(II) by inserting, and who remain either in such activities or unsubsidized employment during the fourth quarter after exit from the program after the program; and
(III) by striking and at the end;
(ii) in subclause (III)—
(I) by striking (VI) and inserting (V); and
(II) by striking the period at the end and inserting; and; and
(iii) by adding at the end the following:
(IV) of the program participants who exited the program during a program year, the percentage of such program participants who completed, prior to such exit, a work experience as described in section 129(c)(2)(C).
(iii) ; and
(C) in clause (iii), by striking secondary school diploma and inserting regular high school diploma; and
(D) by striking clause (iv).
(2) Levels of performance
Section 116(b)(3)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)) is amended—
(A) by amending clause (iii) to read as follows:
(I) Secretaries
For each State submitting a State plan, the Secretary of Labor shall, not later than January 15 of the year in which such State plan is submitted, for the first 2 program years covered by the State plan, and not later than January 15 of the second program year covered by the State plan, for the third and fourth program years covered by the State plan—
(aa) propose to the State expected levels of performance, for each of the corresponding primary indicators of performance for each of the programs described in clause (ii) for such State, which shall—
(AA) be consistent with the factors listed in clause (v); and
(BB) be proposed in a manner that ensures sufficient time is provided for the State to evaluate and respond to such proposals; and
(bb) publish, on a public website of the Department of Labor, the statistical model developed under clause (viii) and the methodology used to develop each such expected level of performance.
(II) States
Each State shall—
(aa) evaluate each of the expected levels of performance proposed under subclause (I) with respect to such State;
(bb) based on such evaluation of each such expected level of performance—
(AA) accept the expected level of performance as so proposed; or
(BB) provide a counterproposal for such expected level of performance, including an analysis of how the counterproposal addresses factors or circumstances unique to the State that may not have been accounted for in the expected level of performance; and
(cc) include in the State plan, with respect to each of the corresponding primary indicators of performance for each of the programs described in clause (ii) for such State—
(AA) the expected level of performance proposed under subclause (I);
(BB) the counterproposal for such proposed level, if any; and
(CC) the level of performance that is agreed to under clause (iv).
(A) ;
(B) in clause (iv)—
(i) in subclause (I)—
(I) in the second sentence, by striking the levels identified in the State plan under clause (iii) and the factors described in clause (v) and inserting the factors described in clause (v) and any counterproposal, and the analysis provided by the State with such counterproposal, described in clause (iii)(II)(bb)(BB); and
(II) in the third sentence, by striking incorporated into the State plan and inserting included in the State plan, as described in clause (iii)(II)(cc),; and
(ii) in subclause (II)—
(I) in the second sentence, by striking the factors described in clause (v) and inserting the factors described in clause (v) and any counterproposal, and the analysis provided by the State with such counterproposal, described in clause (iii)(II)(bb)(BB); and
(II) in the third sentence, by striking incorporated into the State plan and inserting included in the State plan, as described in clause (iii)(II)(cc),; and
(C) in clause (v)(II)—
(i) in the matter preceding item (aa), by striking based on and inserting based on each consideration that is found to be predictive of performance on an indicator for a program and consists of; and
(ii) in item (bb)—
(I) by striking including and inserting such as; and
(II) by striking and welfare dependency and inserting school status, education level, highest grade level completed, low-income status, and receipt of public assistance.
(b) Performance reports
Section 116(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(d)) is amended—
(1) by amending paragraph (1) to read as follows:
(A) Templates for performance reports
Not later than 24 months after the date of enactment of the A Stronger Workforce for America Act of 2026, the Secretary of Labor shall develop, or review and modify, as appropriate, to comply with the requirements of this subsection, the templates for performance reports that shall be used by States (including by States on behalf of eligible providers of training services under section 122) and local areas to produce a report on outcomes achieved by the core programs. In developing, or reviewing and modifying, such templates, the Secretary of Labor shall take into account the need to maximize the value of the templates for workers, jobseekers, employers, local elected officials, State officials, Federal policymakers, and other key stakeholders.
(B) Standardized reporting
In developing, or reviewing and modifying, the templates under subparagraph (A), the Secretary of Labor shall ensure that States and local areas, in producing performance reports for core programs and eligible providers of training services, collect and report information on common data elements—
(i) in a comparable and uniform format; and
(ii) using terms that are assigned identical meanings across all such reports.
(C) Additional reporting
The Secretary of Labor—
(i) in addition to the information on the common data elements, may require additional information with respect to any core program as necessary for effective reporting; and
(ii) shall periodically review any such requirement for additional information to ensure the requirement is necessary and does not impose an undue reporting burden.
(D) Privacy
The Secretary of Labor shall ensure subparagraph (B) is carried out in a manner that protects and promotes individual privacy and data security, in accordance with applicable Federal privacy laws.
(i) Access
A State may facilitate for a local area that meets the requirements of clause (ii), for the sole purpose of fulfilling the reporting requirements under this subsection, access to the quarterly wage records (excluding such records made available by any other State) of program participants in the local area.
(ii) Privacy protections
To receive access to such quarterly wage records, the local area shall have demonstrated to the State the ability to comply, and agree to comply, with all applicable Federal and State requirements relating to the access and use of such quarterly wage records, including requirements relating to data privacy and cybersecurity.
(1) ;
(2) in paragraph (2)—
(A) in subparagraph (B), by inserting, and aggregated to compare those levels of performance for all individuals with barriers to employment with those levels of performance for all other individuals before the semicolon at the end;
(B) in subparagraphs (D) and (F), by striking career and training services, respectively and inserting career services, training services, and supportive services, respectively;
(C) by redesignating subparagraphs (J) through (L) as subparagraphs (K) through (M), respectively and inserting after subparagraph (I) the following:
(J) the median earnings gain of participants who received training services, calculated as the median value of the difference between—
(i) participant earnings in unsubsidized employment during the 4 quarters after program exit; and
(ii) participant earnings in the 4 quarters prior to entering the program;
(C) ; and
(D) in subparagraph (L), as so redesignated—
(i) by striking clause (ii); and
(ii) by striking strategies for programs and all that follows through the performance, and inserting strategies for programs, the performance;
(3) in paragraph (3)—
(A) in subparagraph (A), by striking (L) and inserting (M);
(B) in subparagraph (B), by striking and at the end;
(C) by redesignating subparagraph (C) as subparagraph (F); and
(D) by inserting after subparagraph (B) the following:
(C) the percentage of the local area’s allocation under section 133(b) that the local area spent on services paid for through an individual training account described in section 134(c)(3)(F)(iii) or a training contract described in section 134(c)(3)(G)(ii);
(D) the percentage of the local area’s allocation under section 133(b) that the local area spent on supportive services;
(E) the percentage of the local area’s allocation under section 133(b), if any, that is spent on incumbent worker training, disaggregated by whether the amount so spent was spent on the provision of incumbent worker training through contracts or through incumbent worker upskilling accounts described in section 134(d)(4)(E); and
(D) ;
(4) by amending paragraph (4) to read as follows:
(A) In general
The State shall use the information submitted by the eligible providers of training services under section 122 and administrative records, including quarterly wage records, of the participants of the programs offered by the providers to produce a performance report on the eligible providers of training services in the State, which shall include, subject to paragraph (6)(C)—
(i) with respect to each program of study (or the equivalent) of a provider on the list described in section 122(d)—
(I) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses (I) through (IV) of subsection (b)(2)(A)(i) with respect to all individuals engaging in the program of study (or the equivalent); and
(II) the total number of individuals exiting from the program of study (or the equivalent), disaggregated by whether such individuals completed the program of study (or equivalent); and
(ii) with respect to all eligible providers of training services under section 122—
(I) the total number of participants who received training services through each adult and dislocated worker program authorized under chapter 3 of subtitle B, disaggregated by the type of entity that provided the training services, during the most recent program year and the 3 preceding program years;
(II) the total number of participants who exited from training services, disaggregated by the type of entity that provided the training services, and by whether such participants completed the training services, during the most recent program year and the 3 preceding program years;
(III) the average cost per participant for the participants who received training services, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years;
(IV) the average of the per-program ratios of median earnings increase for a participant to the total cost of the provider's program, as described in section 122(b)(5)(B)(i)(III) for the participant; and
(V) the number of individuals with barriers to employment served by each adult and dislocated worker program authorized under chapter 3 of subtitle B, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age; and
(iii) to the extent practicable, with respect to each recognized postsecondary credential on the list of credentials awarded by eligible providers in the State described in section 122(d)(2)—
(I) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses (I) through (IV) of subsection (b)(2)(A)(i) for all participants in the State receiving such credential; and
(II) information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses (I) through (IV) of subsection (b)(2)(A)(i) for participants in the State receiving such credential who are individuals with barriers to employment, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age.
(4) ; and
(5) in paragraph (6)—
(A) by amending subparagraph (A) to read as follows:
(A) State performance reports
The Secretary of Labor shall annually make available the performance reports for States containing the information described in paragraph (2), which shall include making such reports available—
(i) digitally using transparent, linked, open, machine readable, and interoperable data formats that are human readable and machine actionable such that the data from these reports—
(I) are easily understandable; and
(II) can be easily included in web-based tools and services supporting search, discovery, comparison, analysis, navigation, and guidance;
(ii) in a printable format; and
(iii) in multiple languages, to the extent practicable.
(A) ;
(B) in subparagraph (B)—
(i) by striking (including by electronic means), in an easily understandable format,; and
(ii) by adding at the end the following: The Secretary of Labor shall include, on the website where the State performance reports are required under subparagraph (A) to be made available, a link to local area performance reports and the eligible provider of training services report for each State. Such reports shall be made available in each of the formats described in subparagraph (A).; and
(C) by adding at the end the following:
(E) Rule of construction
Nothing in this subsection shall be construed to require the retroactive collection of information, from program years prior to the effective date described in section 502(a)(1) of the A Stronger Workforce for America Act of 2026, that was not required under this subsection prior to that effective date.
(C) .
(c) Evaluation of State programs
Section 116(e) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(e)) is amended—
(1) in paragraph (1)—
(A) in the first sentence, by striking shall conduct ongoing and inserting shall use data to conduct analyses and ongoing; and
(B) in the second sentence, by striking conduct the and inserting conduct such analyses and; and
(2) in paragraph (2), by adding A State may use various forms of analysis, such as machine learning or other advanced analytics, to improve program operations and outcomes and to identify areas for further evaluation. at the end.
(d) Sanctions for State failure To meet State performance accountability measures
Section 116(f) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(f)) is amended to read as follows:
(A) In general
If a State fails to meet 80 percent of the State adjusted level of performance for an indicator described in subsection (b)(2)(A) (referred to in the regulations carrying out this section as an individual indicator score) for a core program for any program year, the Secretary of Labor shall provide technical assistance.
(i) In general
If the State fails in the manner described in subclause (I) or (II) of clause (ii) with respect to the program year specified in that subclause, the percentage of each amount that could (in the absence of this subsection) be reserved by the Governor under section 128(a)(1) for the immediately succeeding program year shall be reduced by 5 percent and an amount equivalent to the amount reduced shall be returned to the Secretary of Labor until such date as the Secretary of Labor determines that the State meets the State adjusted level of performance, in the case of a failure described in clause (ii)(II), or has submitted the reports for the appropriate program years, in the case of a failure described in clause (ii)(I).
(ii) Failures
A State shall be subject to clause (i)—
(I) if (except in the case of exceptional circumstances as determined by the Secretary of Labor), such State fails to submit a report under subsection (d) for any program year; or
(II) for a failure under subparagraph (A) that has continued for a second consecutive program year.
(A) In general
If a State fails to meet an average of 90 percent of the State adjusted levels of performance for a single core program across all indicators of performance (referred to in the regulations carrying out this section as an overall State program score) for any program year, or if a State fails to meet an average of 90 percent of the State adjusted levels of performance for a single indicator of performance across all core programs (referred to in the regulations carrying out this section as an overall State indicator score) for any program year, the Secretary of Labor shall provide technical assistance, as described and authorized under section 168(b), including assistance in the development of a comprehensive performance improvement plan.
(B) Second consecutive year failure
If such failure under subparagraph (A) continues for a second consecutive program year, the percentage of each amount that could (in the absence of this subsection) be reserved by the Governor under section 128(a)(1) for the immediately succeeding program year shall be reduced by 8 percent and an amount equivalent to the amount reduced shall be returned to the Secretary of Labor until such date as the Secretary of Labor determines that the State meets such State adjusted levels of performance.
(3) Limitation
The total reduction under this subsection to the percentage of each amount that could (in the absence of this subsection) be reserved by the Governor under section 128(a)(1) may not exceed 10 percent for a program year.
(A) In general
The amounts available for reallotment for a program year shall be reallotted to a State (in this paragraph referred to as an eligible State) that—
(i) was not subject to a reduction of funds under paragraph (1)(B) or paragraph (2)(B) of this subsection for such program year;
(ii) in the case of amounts available under section 127(b)(1)(C), was 1 of the 5 States that achieved, in the most recent program year, the greatest increase from the prior year to the average of the State's adjusted levels of performance across all indicators of performance for the youth program under chapter 2 of subtitle B;
(iii) in the case of amounts available under section 132(b)(1)(B), was 1 of the 5 States that achieved, in the most recent program year, the greatest increase from the prior year to the average of the State's adjusted levels of performance across all indicators of performance for the adult program under chapter 3 of subtitle B; and
(iv) in the case of amounts available under section 132(b)(2)(B), was 1 of the 5 States that achieved, in the most recent program year, the greatest increase from the prior year to the average of the State's adjusted levels of performance across all indicators of performance for the dislocated worker program under chapter 3 of subtitle B.
(B) Amounts available for reallotment
In this paragraph, the term amounts available for reallotment for a program year means the amounts available under section 127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of section 132(b) for such program year which could (in the absence of the requirements to return funds of paragraph (1)(B) or paragraph (2)(B) of this subsection) have otherwise been reserved under section 128(a)(1) by a Governor of a State for such program year.
(C) Reallotment amounts
In making reallotments under subparagraph (A) for a program year to eligible States, the Secretary shall allot to each eligible State—
(i) in the case of amounts available under section 127(b)(1)(C), an amount based on the relative amount of the allotment made (before the reallotments under this paragraph are made) to such eligible State under section 127(b)(1)(C) for such program year, compared to the total allotments made (before the reallotments under this paragraph are made) to all eligible States under section 127(b)(1)(C) for such program year;
(ii) in the case of amounts available under paragraph (1)(B) of section 132(b), an amount based on the relative amount of the allotment made (before the reallotments under this paragraph are made) to such eligible State under paragraph (1)(B) of section 132(b) for such program year, compared to the total allotments made (before the reallotments under this paragraph are made) to all eligible States under paragraph (1)(B) of section 132(b) for such program year; and
(iii) in the case of amounts available under paragraph (2)(B) of section 132(b), an amount based on the relative amount of the allotment made (before the reallotments under this paragraph are made) to such eligible State under paragraph (2)(B) of section 132(b) for such program year, compared to the total allotments made (before the reallotments under this paragraph are made) to all eligible States under paragraph (2)(B) of section 132(b) for such program year.
(d) Sanctions for State failure To meet State performance accountability measures
.
(e) Sanctions for local area failure To meet local performance accountability measures
Section 116(g) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(g)) is amended—
(1) in paragraph (1)—
(A) by inserting 80 percent of the before local performance; and
(B) by striking local performance accountability measures established under subsection (c) and inserting local level of performance established under subsection (c) for an indicator of performance described in subsection (b)(2)(A) for a single program, an average of 90 percent of the local levels of performance across all such indicators for a single program, or an average of 90 percent of the local levels of performance for a single such indicator across all programs,; and
(2) in paragraph (2)—
(A) by amending subparagraph (A) to read as follows:
(A) In general
If such failure continues, the Governor shall take corrective actions, which shall include—
(i) in the case of such failure, as described in paragraph (1), for a second consecutive year, on any single indicator, across indicators for a single program, or on a single indicator across programs, a 5-percent reduction in the amount that would (in the absence of this clause) be allocated to the local area for the immediately succeeding program year under chapter 2 or 3 of subtitle B for the program subject to the performance failure;
(ii) in the case of such failure, as described in paragraph (1), for a third consecutive year, the development of a reorganization plan through which the Governor shall—
(I) require the appointment and certification of a new local board, consistent 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 of parameters described under section 106(b)(1)(B); or
(iii) taking another significant action determined appropriate by the Governor.
(A) ;
(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 otherwise been allocated by such Governor to a local area (referred to individually in this subparagraph as an unallocated amount) for such program 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
(ii) the amounts remaining after the reservations under clause (i) shall be reallocated by the Governor, to the local areas within the State that were not subject 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 consideration the extent to which local areas serve a significant number, as determined by the Governor, of individuals with barriers to employment.
(C) .
(f) Establishing pay-for-Performance contract 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 following:
(i) Information and technical assistance
Beginning not later than 12 months after the date of enactment of the A Stronger Workforce for America Act of 2026, 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 accountability measures established in accordance with subsection (b), and related requirements for States under this section.
(2) .
(h) Fiscal and management accountability information 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 paragraph (4); and
(3) by inserting after paragraph (2) the following:
(3) Designated entity
The Governor shall designate a State agency (or appropriate State entity) to assist in carrying out the performance reporting requirements of this section for core programs and eligible providers of training services. The designated State agency (or appropriate State entity) shall be responsible for—
(A) facilitating data matches using quarterly wage record information, including wage record information made available by other States, to measure employment and earnings outcomes;
(B) notifying State agencies that administer 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).
(3) .
(i) Implementation of performance accountability measures
Section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141) is amended by adding at the end the following:
(k) Implementation of performance accountability measures
Not later than 24 months after the date of enactment of the A Stronger Workforce for America Act of 2026, the Secretary of Labor shall fully implement the requirements of this section for programs described in subsection (b)(3)(A)(iv), including—
(1) developing and disseminating the objective statistical adjustment model framework 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 reporting and evaluation requirements for such programs, and of the sanctions requirements for programs that fail to meet State adjusted levels of performance under subsection (b)(3)(A)(iv).
(i) Implementation of performance accountability measures
.
(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)—
(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 subparagraph (B)(xiii) and inserting subparagraph (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 development and workforce development programs carried out in the State—
(I) by the Economic Development Administration;
(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
(iii) ; and
(iv) in clause (viii), as so redesignated—
(I) by inserting out-of-school youth services, after education,; and
(II) by inserting, by community-based organizations, after libraries.
(b) Memorandum of understanding
Section 121(c)(2)(A)(iv) of the Workforce Innovation and Opportunity 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, materials, and other supportive services, made.
(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 individuals with barriers to employment) after demonstrated effectiveness;
(B) in clause (i), by inserting after education 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 following:
(vi) a public library;
(vii) a local board that meets the requirements of paragraph (4); and
(E) ; and
(F) in clause (viii), as so redesignated, by inserting after labor organization the following: or joint labor-management organization;
(3) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and
(4) by inserting after paragraph (2) the following:
(A) In general
In operating a one-stop delivery system referred to in subsection (e), a one-stop operator—
(i) shall—
(I) manage 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 individuals with barriers to employment; and
(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 require compliance with—
(I) relevant Office of Management and Budget circulars relating to conflicts of interest; and
(II) any applicable State conflict of interest policy.
(4) Local boards as one-stop operators
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 responsibilities as a one-stop operator in a manner 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 requirements of this subsection.
(4) .
(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 (2)—
(A) in subparagraph (A), to read as follows:
(A) shall make each of the programs, services (meaning a referral in the case of supportive services, for the purposes of this paragraph), and activities described in paragraph (1) available—
(i) at not less than 1 physical or virtual center for each local area of the State, except that local areas may share—
(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 barriers to employment, as determined by the local board, in the delivery of such programs, services, and activities;
(A) ;
(B) in subparagraph (B)(i), by inserting after affiliated sites the following: (such as a site of any of the entities described in subsection (d)(2)(B));
(C) in subparagraph (C)—
(i) by inserting after centers the following: (which may be virtual or physical centers); and
(ii) by striking and at the end;
(D) in subparagraph (D)—
(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) accessible at not less than 1 physical center, as described in subparagraph (A)(i), shall, in accordance with the regulations issued pursuant to paragraph (5),; 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 activities 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 system that is making each of the programs, services, and activities accessible through electronic means, as described in subparagraph (A)(i), shall—
(i) 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 location where individuals can access, virtually, each of the programs, services, and activities described in paragraph (1) that are virtually accessible; and
(ii) comply with the regulations issued pursuant to paragraph (5).
(E) ;
(2) in paragraph (4), by inserting after the first sentence the following: The system identifier shall be prominently and visibly displayed at each comprehensive 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).; and
(3) by adding at the end the following:
(5) Minimum digital functionality regulations
The Secretary shall issue regulations to establish minimum digital functionality requirements with respect to the one-stop delivery system.
(3) .
(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
Section 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:
(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 infrastructure of one-stop centers in local areas of the State.
(A) ;
(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 inserting 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
(II) by striking subclause (III) and inserting the following:
(III) Vocational rehabilitation
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 program in the State for a program year.
(II) ; 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 inserting An;
(4) in paragraph (2), as so redesignated—
(A) in subparagraph (A), by striking purposes 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 the option described in paragraph (1)(A)(i)(I); and
(ii) in the second sentence, by inserting after local area, the following: the intensity of services provided by such centers, the number and types of one-stop partners engaged by or providing services through such centers;
(5) by inserting after paragraph (2), as so redesignated, the following:
(3) Supplemental infrastructure funding
For any fiscal year in which the allocation received by a local area under paragraph (2) is insufficient 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 understanding with the local board under subsection (c) may agree to fund, using Federal or other funds, the remainder of any such costs using a method described in such memorandum.
(5) ; and
(6) in paragraph (4), by inserting after operation of the one-stop center the following: (whether for in-person or virtual service delivery).
(g) Other funds
Section 121(i)(2) of the Workforce 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 management, assessment of needs, appraisal of foundational skill needs,.
(a) In general
Section 122 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152) is amended—
(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 following:
(1) In general
Except as provided in subsection (i), the Governor, after consultation with the State board and considering the State’s adjusted levels of performance described in section 116(b)(3)(A)(iv), shall establish—
(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 eligibility under this section (in this section referred 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 eligibility.
(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 recognized postsecondary credential;
(B) an entity that carries out programs registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship 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 include joint labor-management organizations, providers of entrepreneurial skills development programs, industry or sector partnerships, groups of employers, trade or professional associations, and eligible providers of adult education and literacy activities under title II (if such activities are provided in combination with occupational skills training or integrated education and training programs).
(A) Compliance with additional criteria, information requirements and procedures
A provider described in subparagraph (A) or (C) of paragraph (2) (other than a provider described in subparagraph (B)(ii) of this paragraph) shall comply with the criteria, information requirements, and procedures established under this section to be included on the list of eligible providers of training services described in subsection (d).
(i) Providers of registered apprenticeship programs
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 program of the provider remains registered as described in paragraph (2)(B).
(ii) Providers of Workforce Pell Programs
With respect to a provider described in paragraph (2)(A) that provides an eligible program for purposes of the Workforce Pell Grant program under section 401(k) of the Higher Education Act of 1965 (20 U.S.C. 1070a(k)), as added by section 83002(a) of Public Law 119–21, such provider shall be included and maintained on the list of eligible providers of training services described in subsection (d) for so long as the provider provides such eligible program.
(1) General criteria for programs
Each provider shall demonstrate to the Governor that the program for which the provider is seeking eligibility under this section—
(A) prepares participants to meet the hiring requirements of potential employers in the State, or a local area within the State, for employment that—
(i) is high-skill and high-wage; or
(ii) is in an in-demand industry sector 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).
(A) In general
The Governor shall—
(i) establish and publicize minimum levels of performance for each of the criteria 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 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 minimum level of performance established under clause (i)—
(I) in the case of the criteria described in (ii) through (iv) of subparagraph (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’ personally identifiable information, and to provide information that is a reliable indicator of performance achievement.
(B) Performance criteria
The performance criteria to receive and maintain eligibility 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 credential that the program prepares participants to earn within 6 months after exit from the program).
(ii) The 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).
(iii) The median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program.
(iv) The ratio of median earnings increase to the total cost of program, calculated as the ratio of—
(I) the median value of the difference between—
(aa) participant wages from unsubsidized employment during the second quarter after program exit; and
(bb) participant wages during the quarter prior to entering the program; to
(II) the total cost of the program (as described in paragraph (5)(B)(i)(III)).
(C) Local criteria
With respect to any program receiving eligibility under this section 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 corresponding local area, but may not—
(i) require any information or application from the provider that is not required for such eligibility; or
(ii) establish a performance requirement with respect to any criterion not listed in subparagraph (B).
(A) In general
The Governor shall establish procedures and criteria for a provider to demonstrate that a program meets, in applying 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 sector 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 otherwise 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 such partnership, for each such participant that successfully completes the program.
(B) Restriction on financial arrangement
A provider of a program receiving an employer-sponsored designation under this paragraph may not—
(i) have an ownership stake in the employer or industry or sector partnership making a commitment described in subparagraph (A); or
(ii) enter into an arrangement to reimburse an employer or partnership for the costs of a participant paid by such employer or partnership under this paragraph.
(A) In general
If the Governor determines that a program offered by an eligible provider meets the minimum levels of performance described in subparagraph (B) to receive a Workforce Innovation Leader (or WIL) designation, which designates the program as a WIL program, the Governor shall grant the program designation as a WIL program and inform the provider of such program of their ability to display the WIL seal, as described in subparagraph (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 credential that the program prepares participants to earn within 6 months after exit from the program) of not less than 80 percent;
(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 employment during the second quarter after exit from the program that are not less than 25 percent greater than the State-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 difference between—
(aa) participant wages from unsubsidized employment during the second quarter after program exit; and
(bb) participant wages during the quarter prior to entering the program; to
(II) the total cost of the program (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 of 2026, 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 their State that achieve the performance necessary to receive a WIL designation.
(D) Loss of wil designation
If, during the annual review of eligibility described in subsection (c)(3), the Governor determines that a WIL program no longer meets the levels described in subparagraph (B) or otherwise has eligibility under this section revoked or terminated, or the provider of the program has eligibility 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 display the WIL seal in marketing materials or otherwise.
(5) Information requirements
A provider that seeks to establish eligibility under this section, and an eligible provider, shall submit appropriate, accurate, and timely information to the Governor, to enable the Governor to carry out subsection (d), with respect to all participants in each eligible program (including participants for whom the provider receives payments under this title) offered by the provider, which information shall—
(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 provider offering a program who is seeking to maintain eligibility, the performance of the program with respect to the indicators described in section 116(b)(2)(A) for participants in the program;
(II) the recognized postsecondary credentials received by such participants, including, in relation to each such credential, the issuing entity, 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 (including how mastery is assessed) achieved by the individuals, and any transfer value or stackability;
(III) the total cost of the program, including the costs of the published 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 participants that complete the program within the expected time to completion; and
(V) the program’s level of performance on the criteria described in paragraph (2) and not otherwise included 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 performance data using State administrative data (such as quarterly wage records); and
(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 practicable.
(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.
(1) Application procedures
The procedures 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 section 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 paragraphs (1), (2), and (5) of subsection (b). The procedures shall identify the respective roles of the State and local areas in receiving and reviewing the applications and in making determinations of such eligibility based on the criteria, information requirements, and procedures established under this section. 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 determination of such eligibility with respect to a program for which the provider is seeking eligibility under this section not later than 30 days after receipt 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 continues to meet the requirements under paragraphs (1), (2), and (5) of subsection (b).
(4) Revocation of eligibility
The procedures established under subsection (a) shall adhere to the following requirements for revocation of eligibility by the Governor:
(A) Failure to provide required information
With respect to a provider of training services that is eligible under this section for a program year with respect to an eligible program, but that does not provide the information described in subsection (b)(5) with respect to such program for such program year (including information on performance necessary to determine if the program meets the minimum levels of performance on the performance criteria to maintain eligibility), the provider 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.
(i) First year
The provider of an eligible program that has received eligibility under subsection (c)(2) for a program 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 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 consecutive 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 performance.
(iii) Reapplication
A provider that loses eligibility under this subparagraph with respect to a program may reapply to receive eligibility for the program according to the procedures described in this subparagraph if the program meets the minimum levels of performance described 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)—
(i) 2 times shall be determined ineligible under this section by the Governor for a period of at least 2 years;
(ii) 3 times shall be determined ineligible under the section by the Governor for a period of at least 5 years; and
(iii) more than 3 times shall be determined 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 revokes eligibility under paragraph (4) shall—
(A) be prohibited from enrolling any new participants whose participation would be funded under section 133(b) in the program and from receiving any payments from funds provided 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 provider to gain the opportunity to reapply for eligibility under the procedure described in paragraph (4)(B)(iii); and
(B) enable each participant currently enrolled in the program, on the date of the revocation or termination, to complete such program.
(6) Notification of program loss of eligibility
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 participants that such program no longer meets the State’s requirements for eligible providers of training 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 procedures established under subsection (a) shall specify the process for any provider of training services offering a program that is eligible under this section in a first State to establish eligibility under this section in an additional State, which shall, to the extent practicable, minimize financial and administrative burdens on any such provider by authorizing the 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 established under subsection (a) shall apply to a provider that delivers training services exclusively online. 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 providers of training services described in subsection (d) for such State with respect to the program involved.
(1) In general
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 an appropriate 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 postsecondary 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) Talent marketplace
The Governor may establish (or develop in partnership with other States) a talent marketplace.
(3) Accompanying information
The accompanying information referred to in paragraph (1) shall consist of—
(A) with respect to providers described in subparagraphs (A) and (C) of subsection (a)(2) (other than providers described in subsection (a)(3)(B)(ii)), information provided by such providers (disaggregated by local areas served, as applicable) in accordance with subsection (b);
(B) with respect to a program described in subsection (b)(3) that is offered by a provider, information promoting the program as having an employer-sponsored designation and identifying the employer or partnership sponsoring the program; and
(C) with respect to a program described in subsection (b)(4) that is offered by a provider, 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 talent marketplace if one has been established by the State), and the accompanying information shall be made available to such 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 understandable, and navigable, and allows for the comparison of eligible programs through the use of common, linked, open-data descriptive language, including interoperable skills and competency data; and
(B) in a manner that does not reveal personally identifiable information about an individual participant.
(5) Website technical assistance
The Secretary shall—
(A) upon request, provide technical assistance 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 easily understood, searchable, and navigable.
(6) Limitation
In carrying out the requirements 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 Education Provisions Act (20 U.S.C. 1232g).
(e) Opportunity to submit comments
In establishing, under this section, criteria, procedures, and the list of eligible providers described in subsection (d), the Governor shall provide an opportunity for interested members of the public to make recommendations and submit comments regarding such criteria, procedures, and list.
(1) In general
The Governor shall establish 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 incentive 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 compared to training providers offering similar training services; or
(C) achieve other performance successes, including those related to jobs that provide economic stability and upward mobility (such as jobs with high wages and family sustainable benefits) as determined by the State or the local board.
(2) Incentive payments
Incentive payments to providers established under paragraph (1) shall be awarded to eligible providers from funds reserved by the Governor under section 128(a)(1), except that not more than 5 percent of the funds reserved by the Governor under section 128(a)(1) may be used for such payments.
(2) ;
(3) by striking subsections (i) and (j) and inserting the following:
(1) In general
Providers of on-the-job training, employer-directed skills development, incumbent worker training, internships, paid or unpaid work experience opportunities, or transitional employment shall not be subject to the requirements of subsections (a) through (f).
(2) Collection and dissemination of information
A one-stop operator in a local area shall collect the minimum amount of information from providers of on-the-job training, employer-directed skills development, incumbent worker training, internships, paid or unpaid work experience opportunities, or transitional employment as necessary 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 performance criteria as the Governor may require. The one-stop operator shall disseminate information identifying 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 identified as eligible providers of training services.
(j) Technical assistance
The Governor may apply to the Secretary for technical assistance, as described in section 168(c), for purposes of carrying out the requirements of the amendments made by the A Stronger Workforce for America Act of 2026 to this section, and the Secretary shall provide such technical assistance in a timely manner.
(3) .
(b) Report to Congress on State performance criteria
Not later than 4 years after the date of enactment of this Act, the Secretary of Labor shall submit a report to the Committee on Education and Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on eligible providers of training services under section 122 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152), as amended by this Act, in each State that shall include—
(1) the minimum levels of performance established 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 training 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.
Section 123. Eligible providers of youth workforce investment activities
Section 123(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3153(a)) is amended by inserting, which may include providers of pre-apprenticeship programs, and apprenticeship programs, that serve youth, before identified based.
(a) Reservations for statewide activities
Section 128(a) of the Workforce Innovation and Opportunity 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:
(i) Requirement
The amount of funds reserved by a Governor under subparagraph (A) for a fiscal year may not exceed the amount of funds that such Governor commits to using from any of the funds listed in clause (ii) of this subparagraph 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 Governor under paragraph (1) of this subsection.
(II) Other Federal funds not described in subclause (I).
(III) State funds.
(2) .
(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 inserting the following:
(A) that—
(A) does not
(A) ;
(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 recent 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 uniform administrative requirements described in section 184(a)(3) for the program year for which the determination under paragraph (2) is made.
(C) .
(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:
(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 out-of-school youth or an in-school youth.
(ii) Enrollment
If a one-stop operator or eligible provider of youth workforce activities carrying out activities under this chapter reasonably believes that an individual 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 period during which the operator or provider shall obtain the necessary information to make an eligibility determination with respect to such individual (which may involve working with such individual and other entities in the local area, and using available sources of administrative data, to obtain the necessary information).
(iii) Determination of ineligibility
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) applicable to the local area involved, such operator or service provider—
(I) may—
(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 services provided to such individual under this chapter during the period described in clause (ii) by the local area involved using funds allocated to such area under section 128(b).
(iv) Determination process for homeless youth and foster youth
In determining whether an individual is eligible to participate in activities carried out under this chapter on the basis of being an individual who is a homeless youth, or a youth in foster care, as described in subparagraph (B)(iii)(V), the one-stop operator or service provider involved may—
(I) if determining whether the individual is a homeless youth, 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 administrators.
(A) Eligibility
.
(B) Definition of out-of-school youth
Subparagraph (B) of section 129(a)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164(a)(1)) is amended—
(i) in clause (i), by inserting, except that an individual described in subparagraph (IV) or (V) of clause (iii) may be attending school (as defined under State law) after (as defined under State law);
(ii) in clause (ii), by inserting before the semicolon at the end, the following :, except that an individual described in subparagraph (IV) or (V) of clause (iii) may be not younger than age 14 or older than age 24; and
(iii) in clause (iii)—
(I) in subclause (III)—
(aa) in the matter preceding item (aa)—
(AA) by striking secondary school diploma or its recognized equivalent and inserting regular high school diploma or its recognized equivalent; and
(BB) by striking and is and inserting and;
(bb) in item (aa), by striking basic skills deficient; and inserting 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), by striking (42 U.S.C. 14043e-2(6)) and inserting (34 U.S.C. 12473(6)).
(C) Definition of in-school youth
Clause (iv) of section 129(a)(1)(C) of the Workforce 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 individual who has foundational skill needs.;
(ii) in subclause (II), by striking language;
(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 out-of-school 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 out-of-school youth
An out-of-school 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 activity for in-school youth carried out under this chapter.
(D) Rule for certain out-of-school youth
.
(2) Exception and limitation
Section 129(a)(3) of the Workforce Innovation and Opportunity 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) Out-of-school youth priority
Section 129(a)(4) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164(a)(4)) is amended—
(A) in subparagraph (A)—
(i) by striking 75 each place it appears and inserting 70;
(ii) by inserting the total amount of before funds available; and
(iii) by inserting in the State after subsection (c);
(B) in subparagraph (B)(i), by striking 75 and inserting 70;
(C) by redesignating subparagraph (B), as so amended, as subparagraph (C); and
(D) by inserting after subparagraph (A) the following:
(B) Local area targets
The local board, the chief elected official, and the Governor 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 activities for out-of-school youth based on the needs of the 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 necessary for the State to meet the requirements of subparagraph (A) with respect to the total amount of funds available for local areas under subsection (c).
(D) .
(b) Required statewide youth activities
Section 129(b)(1) of the Workforce Innovation and Opportunity 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 navigable and allows for comparison of eligible providers based on the program elements offered by such providers and the performance of such providers on the primary indicators of performance for the youth program 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).
(c) Allowable statewide youth activities
Section 129(b)(2) of the Workforce Innovation and Opportunity 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 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 following:
(vi) supporting the ability to understand relevant tax information and obligations;
(B) ;
(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 expanding work-based learning opportunities (including transitional jobs and work-based learning opportunities designed for youth to develop and gain experience using emerging technologies, including artificial intelligence, in the workplace) 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 organizations, and other endeavors focused on programs that prepare students for in-demand industry sectors or occupations;
(H) developing partnerships between educational institutions (including area career and technical schools and institutions of higher education) and employers to create or improve workforce development programs to address the identified education and skill needs of the workforce (including the skills needed to use emerging technology tools and systems in the workplace) and the employment needs of employers in the regions or local areas of the State, as determined based on the most recent analysis conducted under subparagraphs (B) and (C) of section 102(b)(1);
(I) coordinating activities with providers of a pre-apprenticeship program or apprenticeship program for youth in the State to establish, support, or expand the program described in this subparagraph, including any such program in the State receiving assistance under section 173;
(J) coordinating activities with entities implementing reentry projects in the State focused on establishing or improving workforce development programs for juvenile offenders, including any such reentry projects in 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.
(5) .
(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 employment or training activity provided under section 134 for adults) after services for the participant;
(C) in subparagraph (C)—
(i) in clause (i), by striking secondary school diploma or its recognized equivalent and inserting regular high school diploma or its recognized equivalent; and
(ii) in clause (v), by inserting high-skill, high-wage, or after small employers, 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 regular high school diploma or its recognized equivalent;
(B) in subparagraph (A), by striking secondary school diploma or its recognized equivalent and inserting regular high school diploma or its recognized equivalent;
(C) in subparagraph (C)—
(i) in clause (i)—
(I) by striking other and inserting year-round; and
(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 practicable, aligned with in-demand industry 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 allocated 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 summer or 8 weeks during the school year for in-school youth and out-of-school youth who are enrolled in school; or
(bb) 8 weeks for out-of-school youth who are not enrolled in school;
(iii) ;
(iv) by redesignating clause (iv) as clause (v);
(v) by inserting after clause (iii), as so amended, the following:
(iv) job shadowing;
(v) ;
(vi) in clause (v), as so redesignated, by inserting and at the end; and
(vii) by adding at the end the following:
(vi) work-based learning;
(vii) ;
(D) in subparagraph (H), by striking adult mentoring and inserting coaching and adult mentoring services;
(E) in subparagraph (I), by inserting (including 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;
(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 creativity, collaboration, critical thinking, digital literacy, persistence, and other relevant skills.
(H) .
(3) Priority
Section 129(c)(4) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164(c)(4)) is amended to read as follows:
(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 out-of-school youth with activities under paragraph (2)(C).
(B) Apprenticeships and pre-apprenticeships 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 out-of-school youth with activities under paragraph (2)(C)(ii).
(3) Priority
.
(4) Rule of construction
Section 129(c)(5) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164(c)(5)) is amended by inserting or local area after youth services.
(5) Linkages
Section 129(c)(7) of the Workforce 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:
(A) In general
Subject to subparagraph (B), funds allocated pursuant to paragraph (1) to a local area may be used to pay, through an individual training account, an eligible 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 out-of-school youth, in the same manner that an individual training account is used to pay an eligible provider of training services under section 134(c)(3)(F)(iii) for training services provided to an adult or dislocated worker.
(B) Special rule for in-school youth younger than age 18
To use an individual 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.
(6) Individual training accounts
.
(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:
(A) In general
A summer employment 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 appropriate employer (based on factors including the needs of the employer and the age, skill, and informed aspirations of the eligible youth) that—
(i) shall include—
(I) a component of occupational skills education; and
(II) not less than 2 of the activities 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 employment opportunity, complies with the requirements of subparagraph (B); and
(iv) in the case of a year-round employment opportunity, complies with the requirements of subparagraph (C).
(B) Summer employment opportunity
In addition to the applicable requirements described in subparagraph (A), a summer employment opportunity—
(i) may not be less than 4 weeks; and
(ii) may not pay less than the highest applicable wage required by the applicable Federal, State, or local minimum wage law.
(C) Year-round employment opportunity
In addition to the applicable requirements 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 highest applicable wage required by the applicable Federal, State, or local minimum wage law; and
(iii) may not employ the eligible youth for less than 20 hours per week, except in instances when the eligible youth are under the age of 18 or enrolled in school.
(D) Priority
In selecting summer employment opportunities or year-round employment 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 high-skill, high-wage, or in-demand industry sectors or occupations.
(7) Summer and year-round employment opportunities requirements
.
(8) Conforming amendment
Section 129(c)(3)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164(c)(3)(B)) is amended by striking basic skills and inserting foundational skill needs.
Section 141. State allotments
Section 132(a)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3172(a)(2)(A)) is amended 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) (related to workforce data quality initiatives) of section 169 before; and
(a) Reservations for State activities
Section 133(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3173(a)) is amended—
(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 Governor may make the reservation authorized under section 128(a)(3).
(2) .
(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 subsection (a)(1) and inserting paragraph (1) or (3) of subsection (a); and
(2) in subparagraph (B), by striking paragraph (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 period at the end, the following: as performance-based incentive payments;
(2) in paragraph (4)—
(A) in subparagraph (A)—
(i) by striking that does not and inserting the following:
(i) that—
(i) does not
(i) ;
(ii) by striking; and and inserting a semicolon; and
(iii) by adding at the end the following:
(ii) 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 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 action 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
(iii) ; and
(B) in subparagraph (B)—
(i) by striking that does not and inserting the following:
(i) that—
(i) does not
(i) ;
(ii) by striking the period at the end and inserting a semicolon; and
(iii) by adding at the end the following:
(ii) 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 dislocated worker program authorized under this chapter for the most recent program year for which performance data is available; and
(iii) was not subject to corrective action 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
(iii) ; and
(3) by adding at the end the following:
(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).
(3) .
(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 activities described in paragraph (3) (including establishing and administering any one, or both, of the funds referred to in subparagraph (C));
(ii) ; 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 described in paragraph (4); or
(ii) an industry or sector partnership and career pathways development fund described in paragraph (5),
(C) .
(A) Statewide rapid response activities
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 response unit working; and
(bb) by striking and at the end;
(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 assistance to any local area that has excess demand for individual training accounts for dislocated workers in such local area and requests such additional assistance under this subclause in accordance with paragraph (4) of section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a(5)), upon a determination by the State that, in using funds allocated 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 requirements of such section 414(c).
(III) ; and
(ii) by adding at the end the following:
(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 sufficient 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.
(ii) .
(B) Statewide employment and training 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;
(II) by amending subclause (IV) to read as follows:
(IV) local areas, one-stop operators, one-stop partners, and eligible providers, including the development and training of staff, which may include—
(aa) the development and training of staff to provide information about wage levels and available benefits across in-demand industry sectors or occupations, and information about opportunities for individuals with barriers to employment to enter in-demand industry sectors or occupations and nontraditional occupations;
(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 expertise 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 occupations and nontraditional occupations: and
(dd) the provision of technical assistance to local areas that fail to meet local performance accountability measures described in section 116(c); and
(II) ; and
(III) by adding at the end the following:
(V) local boards and eligible providers of training services in carrying out the performance reporting required under section 116(d), including facilitating data matches for program participants—
(aa) using quarterly wage record information (including the wage records made available by any other State and 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))); and
(bb) other sources of information, as necessary to measure the performance of programs and activities conducted under this chapter or chapter 2 of this subtitle;
(III) ;
(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 employer-directed skills development; and
(bb) by striking transitional jobs and inserting transitional jobs, or sponsors of apprenticeships and pre-apprenticeships;
(II) in subclause (III), by inserting, including business engaged in joint labor-management partnerships before the semicolon;
(III) by redesignating subclauses (V) and (VI) as subclauses (VI) and (VII), respectively;
(IV) by inserting after subclause (IV) the following:
(V) information on effective coordination of supportive services for workers and jobseekers;
(IV) ;
(V) in subclause (VI), as so redesignated—
(aa) by striking subsections (d) and (h) of section 122 and inserting subsections (d) and (i) of section 122; and
(bb) by striking and at the end; and
(VI) by adding at the end the following:
(VIII) information to participants on understanding and accessing State-administered programs and services available to jobseekers;
(VI) ;
(v) by redesignating clause (vi) as clause (vii);
(vi) by inserting after clause (v) the following:
(vi) notifying participants of an eligible program of training services whose participation is funded under this Act, if such program’s status as an eligible program of training services is revoked under section 122(c)(4);
(vi) ;
(vii) in clause (vii), as so redesignated, by striking the period at the end and inserting a semicolon; and
(viii) by adding at the end the following:
(viii) coordinating (which may be done in partnership with other States) with industry organizations, employers (including small and mid-sized employers), industry or sector partnerships, training providers, local boards, and institutions of higher education to identify or develop competency-based assessments that are a valid and reliable method of collecting information 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 assessments—
(aa) a recognized postsecondary credential that is used by employers in the State for recruitment, hiring, retention, or advancement purposes;
(bb) postsecondary credit toward a recognized postsecondary credential aligned with in-demand industry sectors and occupations in the State for the purpose of accelerating attainment of such credential; and
(cc) postsecondary credit for progress along a career pathway developed by the State or a local area within the State;
(II) developing individual employment 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 require similar knowledge, skills, and abilities; and
(bb) any upskilling needed for the individual to secure employment in such a sector or occupation; and
(III) helping such an individual communicate such knowledge, skills, and abilities to prospective employers through a skills-based resume, profile, or portfolio; and
(ix) disseminating to local areas and employers information relating to the competency-based assessments identified or developed pursuant to clause (viii), including—
(I) any credential or credit awarded pursuant to items (aa) through (cc) of clause (viii)(I);
(II) the industry organizations, employers, training providers, and institutions of higher education located within the State that recognize the knowledge, skills, and abilities of an individual validated by such assessments;
(III) how such assessments may be provided to, and accessed by, individuals 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.
(viii) .
(3) Allowable statewide employment and training activities
Section 134(a)(3)(A) of the 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 development;
(iv) by inserting and partnerships with after utilization of;
(v) by inserting and labor-management partnerships after business intermediaries; and
(vi) by inserting and medium-sized before employers) in the State, and;
(B) in clause (ii)—
(i) by inserting, or bringing evidence-based strategies to scale, after strategies; and
(ii) by inserting supporting such individuals in achieving economic self-sufficiency and mobility, and after employment and;
(C) in clause (iii)—
(i) by striking and prior learning assessment to and inserting, prior learning assessment, or a competency-based assessment identified or developed by the State under paragraph (2)(B)(viii), to; and
(ii) by striking stackable and inserting permit articulation into higher level degree or other credential programs;
(D) in clause (iv), by inserting, which may include on-the job training, employer-directed skills development, transitional jobs, industry or sector partnerships, apprenticeships, and other programs after employment;
(E) in clause (viii)—
(i) in subclause (I), by inserting, including such activities funded through other Federal and State laws after development activities; and
(ii) in subclause (II)—
(I) in item (cc), by inserting activities carried out by comprehensive transition and postsecondary programs for students with intellectual disabilities established under section 767 of the Higher Education Act of 1965 (20 U.S.C. 1140g), after developmental disabilities,;
(II) in item (dd), by striking activities, including those and inserting activities and services to promote digital literacy skills, including activities and services;
(III) by adding at the end the following:
(gg) programs under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) that support employment and economic security; and
(III) ;
(F) in clause (xi), by inserting that exceed the local levels of performance after local areas;
(G) in clause (xiii), by striking and at the end;
(H) in clause (xiv)—
(i) by inserting conducting feasibility studies for the effectiveness of such strategies in meeting the employment and skills development needs of target populations in the local areas that are using such feasibility studies, after data collection,; and
(ii) by striking the period at the end and inserting a semicolon; and
(I) 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 assessments (including competency-based assessments developed or identified by the State pursuant to paragraph (2)(B)(viii)), and support in the creation of skills-based job descriptions;
(xvi) developing partnerships between educational institutions (including area career and technical education schools, local educational agencies, and institutions of higher education) and employers to create or improve workforce development 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 subparagraphs (A), (B), and (D) of section 102(b)(1);
(xvii) identifying and making available to residents of the State, free or reduced cost access to online skills development programs that are aligned with in-demand industries or occupations in the State and lead to attainment of a recognized postsecondary credential valued by employers in such industries or occupations;
(xviii) establishing and administering a critical industry skills fund described in paragraph (4); and
(xix) establishing and administering an industry or sector partnership and career pathways development fund described in paragraph (5).
(I) .
(4) Critical industry skills 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:
(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 establish and administer a critical industry skills fund to award performance-based payments on a per-worker basis to eligible entities that provide, to prospective workers or incumbent workers (which may include youth age 18 through age 24), eligible skills development programs that are in any of the industries and occupations identified by the Governor (in consultation with the State board) for purposes of this paragraph, and that will result in employment or retention with an employer in such an industry or occupation (in this paragraph referred to as a participating employer).
(B) Optional priority
The Governor (in consultation with the State board) may select 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 paragraph by a State, an eligible entity shall submit to the Governor, a proposal describing the eligible 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.
(I) In general
With respect to each eligible entity whose proposal under subparagraph (C) has been approved by the Governor, the Governor shall make payments (in an amount determined by the Governor and subject to the requirements of subclause (II) of this clause, subparagraph (E), and any other limitations determined necessary by the State) from the critical industry skills fund established under this paragraph to such eligible entity for each participant of the eligible skills development program described in such proposal and with respect 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 participant—
(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 employed by the participating employer of the eligible entity for the 6-month period after successful completion of the program.
(ii) Eligible entity requirements
To be eligible to receive the payments described in clause (i) with respect to a participant, an eligible entity shall submit such documentation as the Governor determines necessary to verify whether the participant meets the requirements of items (aa) and (bb) of clause (i)(II), and to comply with the performance reporting described in subparagraph (F).
(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 participants on the primary indicators of performance described in subclauses (I) through (III) of section 116(b)(2)(A)(i).
(G) Definitions
In this paragraph:
(i) Eligible entity
The term eligible entity means—
(I) a participating employer or a group of participating employers;
(II) an industry or sector partnership 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 development program, when used with respect to an eligible entity—
(I) means a program with respect to which a State may set a maximum and minimum length (in weeks);
(II) includes work-based education or related occupational skills instruction that—
(aa) develops the specific technical skills necessary for successful performance of the occupations in which participants are 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 without regard to whether such provider is on a list of eligible providers of training services described in section 122(d); and
(III) does not include employee onboarding, orientation, or professional development generally provided to employees.
(4) Critical industry skills fund
.
(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:
(A) Purpose
The purpose of this paragraph is to establish new or expand existing industry or sector partnerships and career pathway programs to encourage regional economic growth and competitiveness, and improve worker 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 paragraph (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 establish 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 partnerships to prepare jobseekers and incumbent workers participating in such partnerships 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 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 involved 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 supports 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.
(i) Geographic diversity
The Governor shall award grants under this paragraph in a manner that ensures geographic 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 give priority consideration to eligible partnerships that—
(I) include (or will include) as a partner in the industry or sector partnership to be established or expanded under this paragraph, a 2-year public institution of higher education;
(II) demonstrate long-term sustainability 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 disruption or change in the regional or State economy or labor market;
(cc) have traditionally been underserved by regional economic development and sector partnership activities (including rural areas in the State); or
(dd) are—
(AA) out-of-school youth, disadvantaged youth, or disadvantaged adults; or
(BB) unemployed individuals, within the meaning of section 6(b)(1)(B) of the Wagner-Peyser Act (29 U.S.C. 49e(b)(1)(B)).
(iii) Additional optional priority
In awarding grants under this paragraph, in addition to the priority consideration 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 expanded 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
(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)).
(i) In general
An eligible partnership seeking a grant under this paragraph shall submit an application to the Governor at such time, in such manner, and containing such information as the Governor may reasonably require, including the contents described in clause (ii).
(ii) Contents
An eligible partnership 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 sector partnership that will be established 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;
(III) a description of the high-growth or high-wage industry sector to be served by such industry or sector partnership, and a description of how such industry sector was identified;
(IV) a description of the workers and other individuals who will be targeted or recruited by such industry or sector partnership, including the number of workers and other individuals who will be served by the partnership;
(V) an analysis of the existing labor market to be served by such industry or sector partnership, which includes—
(aa) a description of potential barriers to employment for the targeted workers and other individuals;
(bb) the estimated share of such workers and other individuals who are individuals with a barrier to employment; and
(cc) a description of strategies that will be developed to help such workers and other individuals overcome such barriers;
(VI) a description of the Federal and non-Federal resources, available under provisions of law other than this paragraph, that will be leveraged in support of such industry or sector partnership and the activities carried out by the partnership under this paragraph;
(VII) a description, using common, linked, open-data descriptive language, of the recognized postsecondary credential that will be provided to individuals who successfully complete the education and training program provided through an education provider in such industry or sector partnership;
(VIII) an assurance that any eligible provider of training services in such industry or sector partnership is on a list of eligible providers of training services described in section 122(d); and
(IX) a commitment from a participating employer in such industry or sector partnership to employ each participant of such education and training program (which may be a career 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 education and training program operated by such participating employer.
(i) In general
An eligible partnership awarded a grant under this paragraph shall use such grant funds to establish a new industry or sector partnership or expand the industry or sector partnership of the eligible partnership to meet the objectives listed in subparagraph (B)—
(I) by engaging businesses in accordance with clause (iii); and
(II) by carrying out an education and training program that—
(aa) leads to the recognized postsecondary credential described in the eligible partnership’s application in subparagraph (E)(ii)(VII);
(bb) includes an apprenticeship, work-based learning, or on-the-job training program that leads to an employment commitment described in subparagraph (E)(ii)(IX) with a participating employer of the industry or sector partnership;
(cc) may include the development or expansion of a new or existing career pathway program as described in clause (iv); and
(dd) may include the provision of supportive services as described in clause (v).
(ii) Planning activities
An eligible partnership receiving a grant under this paragraph may use not more than 20 percent of the grant funds to carry out planning activities during the first year of the grant period that are necessary to establish a new industry or sector partnership or expand the industry or sector partnership of the eligible partnership, which may include—
(I) recruiting key stakeholders in the high-growth or high-wage industry to be served by such industry or sector partnership;
(II) conducting outreach to local businesses, employers, labor organizations, local boards, education and training providers, and business and employer associations;
(III) identifying, through an evaluation, the training needs of multiple businesses in the high-growth or high-wage industry, including identifying any needs for—
(aa) skills critical to competitiveness and innovation in the high-growth or high-wage industry;
(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 industry; and
(IV) recruiting individuals with barriers to employment to participate in the education and training program.
(iii) Business engagement
An industry or sector partnership established or expanded with a grant under this paragraph 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 implementation of an apprenticeship, work-based learning, or on-the-job training program offered through the education and training program of the partnership, and which may include—
(I) the navigation of the registration process for a sponsor of such an apprenticeship program;
(II) the connection of the business with an education provider in the industry or sector partnership to develop classroom instruction to complement learning through such an apprenticeship, 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 program, such as career guidance and academic counseling;
(V) the recruitment of individuals with barriers to employment to participate in such an apprenticeship, work-based learning, or on-the-job training program; and
(VI) other evidence-based approaches to connecting businesses with workers and establishing pathways to unsubsidized employment for individuals participating in the education and training program and other programs funded under this title.
(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 program that utilizes integrated education and training strategies and supports multiple entry and exit points for working students and other working participants, which may include—
(aa) dual-enrollment approaches for participants, including youth, seeking to participate in a career pathway program; and
(bb) strategies that help working students and other nontraditional and adult student populations access skills and the recognized postsecondary credentials described in subparagraph (E)(ii)(VII) of the eligible partnership’s application.
(v) Supportive services
In accordance with section 181(h), an industry or sector partnership established or expanded with a grant under this paragraph may use such grant funds to provide supportive services to support the success of individuals, including individuals with barriers to employment, who are participating in training services, as described in subsection (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 receipt, management, and expenditure of the grant funds.
(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 report 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 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 partnership, disaggregated by race, ethnicity, sex, disability status, and age.
(J) Availability of report
The report submitted by eligible partnerships under subparagraph (I) shall—
(i) be made digitally available by the Secretary using linked, open, and interoperable data; and
(ii) include the number of individuals who were served by each such eligible partnership.
(K) Limit on administrative costs
An eligible partnership receiving a grant under this paragraph may not use more than 10 percent 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 partnership that—
(aa) includes a participating employer; and
(bb) is seeking to further implement or expand such industry 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 respect 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 determined by the Governor of the State in which the eligible partnership is located;
(II) has been designated by the Governor as an in-demand industry experiencing high growth in such State; and
(III) includes occupations determined by the Governor—
(aa) with wages that are significantly higher than an occupation 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 partnership, 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 paragraph.
(5) Industry or sector partnership and career pathways development fund
.
(1) Minimum amount for skills development
Section 134(c)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(1)) is amended—
(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:
(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 paragraph (3)(G)(ii); and
(II) for the payment of training services under paragraph (2)(A) of section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a(c)) after funds allocated to such local area under paragraph (1) of such section 414(c) have been exhausted.
(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 dislocated workers who are participating in training services, or individualized career services described in clauses (iii) and (vii) of paragraph (2)(B) that enable participation 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.
(C) ; and
(D) in subparagraph (C), as so redesignated, by striking and (ii) and inserting, (ii), and (iv).
(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:
(i) In general
The one-stop delivery 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 Wagner-Peyser Act (29 U.S.C. 49e), basic career services, which—
(aa) shall—
(AA) include, at a minimum, the services listed in clause (ii); and
(BB) be available to individuals who are adults or dislocated workers in an integrated manner to streamline access to assistance for such individuals, to avoid duplication of services, and to enhance coordination of services; and
(bb) may include access to talent marketplaces; and
(II) may use funds allocated under paragraph (1), as necessary, to supplement the services that are provided pursuant to subclause (I) to individuals 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 information, including the provision of accurate (and, to the extent practicable, real-time) information relating to local, regional, and national labor market areas, including—
(aa) job vacancy listings in such labor market areas;
(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 entrepreneurship opportunities), and the earnings, skill requirements, and opportunities for advancement for such occupations;
(II) labor exchange services, including job search and placement assistance and, in appropriate cases, career counseling, including—
(aa) provision of information on in-demand industry sectors and occupations;
(bb) provision of information on nontraditional employment; and
(cc) provision of information on entrepreneurship, as appropriate;
(aa) provision of information, in formats that are usable by 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 section 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 supportive services and transportation provided through funds made available under such part, available in the local area; and
(bb) referral to the services or assistance described in item (aa), as appropriate;
(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.
(B) ;
(C) in subparagraph (B), as so redesignated—
(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 extent practicable, be evidence-based, before and shall;
(iii) in clause (iii), by inserting, and a determination (considering factors including prior work experience, military service, education, and the in-demand industry sectors and occupations in the local area) of whether such an individual would benefit from a competency-based assessment developed or identified by the State pursuant to subsection (a)(2)(B)(viii) to accelerate the time to obtaining employment 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 redesignated—
(I) in subclause (I)(aa), as so redesignated, by inserting, including a competency-based assessment developed or identified by the State pursuant to subsection (a)(2)(B)(viii) after tools;
(II) in subclause (VI), by inserting digital literacy skills, after learning skills,;
(III) in subclause (X), by striking 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 following:
(XII) review or creation of a resume or similar document showcasing the skills, experience, relevant credentials, and education of the individual; and
(V) .
(D) by amending subparagraph (C), as so redesignated, to read as follows:
(C) Use of previous assessments
A one-stop operator or one-stop partner shall not be required to conduct a new interview, evaluation, or assessment of a participant under subparagraph (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, evaluation, or assessment will accelerate an eligibility determination.
(D) ; and
(E) in subparagraph (D), as so redesignated—
(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, libraries, and community-based organizations after nonprofit service providers.
(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 preceding 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 opportunities—
(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;
(ii) .
(iii) by redesignating clause (iii) as clause (iv);
(iv) by inserting after clause (ii) the following:
(I) In general
A one-stop operator or one-stop partner shall not be required to conduct an interview, evaluation, or assessment of an individual under clause (i) if such individual—
(aa) is referred by an employer to receive on-the-job training or employer-directed skills development in connection with that employer; and
(bb) has been certified by the employer as being an individual who is in need of training services to obtain unsubsidized employment with such employer and who has the skills and qualifications to successfully participate in the selected program of training services.
(II) Priority
A one-stop operator or one-stop partner shall follow the priority system in effect under subparagraph (E) to determine whether an individual who meets the requirements of subclause (I) of this clause is eligible to receive training services.
(iv) ; 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, evaluation, 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 operator or one-stop partner shall refer such individual to adult education and literacy activities under title II, including for co-enrollment in such activities, as appropriate.
(v) ;
(B) in subparagraph (B)—
(i) in clause (i)—
(I) in subclause (I), by striking other grant assistance for such services, including and inserting assistance for such services under; and
(II) by striking under other grant assistance programs, including and inserting under; and
(ii) by adding at the end the following:
(iv) Participation during eligibility 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 reimbursement under this Act for the individual’s participation during such period only if such individual is determined to be eligible under subparagraph (A)(i).
(ii) ;
(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 deficient and inserting have foundational skill needs; and
(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 providers 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 customized training and inserting employer-directed skills development; and
(ii) in subclause (IV)—
(I) by striking is a and inserting 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, obtaining recognized postsecondary credentials, and entering unsubsidized employment after employment;
(G) in subparagraph (H)—
(i) in clause (i), in the matter preceding subclause (I), by striking reimbursement described in section 3(44) and inserting reimbursement described in section 3(48); and
(ii) in clause (ii)—
(I) in subclause (I), by inserting, such as the extent to which participants are individuals with barriers to employment after participants; and
(II) in subclause (III), by inserting in an occupation or industry sector, including whether the skills a participant will obtain are transferable to other employers, occupations, or industries in the local area or the State after opportunities; and
(H) by adding at the end the following:
(I) Employer-directed skills development
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 development program, which may be the employer;
(ii) the length of the skills development 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 program participants upon successful completion 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 subparagraph (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.
(H) .
(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 following:
(4) Business services
Funds described in paragraph (1) shall be used to provide appropriate recruitment and other business services and strategies on behalf of employers, including small employers and mid-sized employers, that meet the workforce investment needs of area employers, as determined by the local board and consistent with the local plan under section 108, which services—
(A) may be provided—
(i) through effective business intermediaries working in conjunction with the local board;
(ii) on a fee-for-service basis; or
(iii) through the leveraging of economic 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 following:
(i) Developing and implementing industry sector strategies (including strategies involving industry partnerships, regional skills alliances, industry skill panels, and sectoral skills partnerships).
(ii) Developing and delivering innovative workforce investment services and strategies for area employers, which may include career pathways, skills upgrading, skill standard development and certification for recognized postsecondary credential 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 investment needs of area employers and workers.
(iii) Assistance to area employers in managing reductions in force in coordination 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 employment and training activities to address risk factors.
(iv) The marketing of business services 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 include technical assistance on the use and validation of employment assessments, including competency-based assessments developed or identified by the State pursuant to paragraph (2)(B)(viii), and support in the creation of skills-based job descriptions.
(vi) Other services described in this subsection, including providing information and referral to microenterprise services, as appropriate, and specialized business services not traditionally offered through the one-stop delivery system.
(c) Business services
.
(1) Activities
Section 134(d)(1)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(d)(1)(A)) is amended—
(A) in clause (iii), by striking 10 percent and inserting 30 percent;
(B) in clause (v), by inserting case management, 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 Nutrition 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 employment and economic security; and
(iii) ;
(D) in clause (vii)—
(i) in subclause (II)—
(I) by inserting and providers of supportive services, after small employers,; and
(II) by striking and at the end;
(ii) in subclause (III), by inserting and at the end; and
(iii) by adding at the end the following:
(IV) to strengthen, through professional development activities, the knowledge and capacity of one-stop staff to use the latest digital technologies, tools, and strategies to deliver high quality services and outcomes for jobseekers, workers, and employers;
(iii) ;
(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 individuals who are dislocated workers as a result of advances in automation technology;
(xiii) the use of competency-based assessments for individuals upon initial assessment 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 institutions of higher education) and employers to create or improve workforce development 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 additional resources (such as staff, facilities, computers, and learning materials) to provide free and open access to individualized career services, in order to promote and expand access to such services.
(I) .
(2) Supportive services
Section 134(d)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(d)(2)(B)) is amended, by inserting, including through programs of one-stop partners, who are after programs.
(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;
(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 applied by substituting 40 percent for 30 percent; or
(II) with respect to a local area that meets the requirement in subclause (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.
(iii) .
(B) Training activities
Section 134(d)(4)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(d)(4)(B)) is amended—
(i) by striking The training, and inserting the following:
(i) In general
The training
(i) ; and
(ii) by striking delivering training and inserting delivering training, such as industry or sector partnerships.
(D) Incumbent worker upskilling accounts
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:
(i) In general
To establish incumbent worker upskilling accounts through which an eligible provider of training services under section 122 may be paid for the program of training services provided to an incumbent worker, a local board—
(aa) may use, from the funds reserved by the local area under subparagraph (A)(i), an amount that does not exceed 5 percent of the funds allocated to such local area under section 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 allocated to such local area under section 133(b); and
(II) may use funds reserved under section 134(a)(2)(A) for statewide rapid response activities and provided by the State to local area to establish such accounts.
(I) In general
Subject to subclause (II), a local board that seeks to establish incumbent worker 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 incumbent worker as of the date of determining such worker’s eligibility under this clause;
(bb) the career advancement opportunities for the incumbent worker in the occupation of such worker as of such date; and
(cc) the ability of the incumbent worker to, upon completion of the program of training services selected by such worker, secure employment in an in-demand 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.
(aa) In general
An incumbent 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 annual wages for the most recent year are greater than the median household income of the State; or
(BB) who has earned a baccalaureate or professional degree.
(iii) Cost sharing for certain incumbent 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-income individual—
(I) such incumbent worker shall pay not less than 25 percent of the cost of the program of training services 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.
(D) Incumbent worker upskilling accounts
.
(E) Transitional jobs
Section 134(d)(5) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(d)(5)) is amended 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 following:
(e) Rule of construction
Nothing in this section 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.
(e) Rule of construction
.
Section 151. Purposes
Section 141 of the Workforce Innovation and Opportunity 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 diplomas and inserting regular high school diplomas or their recognized equivalents;
(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
(D) .
Section 152. Definitions
Section 142 of the Workforce Innovation and Opportunity 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 community 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 inserting
(B) that—
(A) prepares
(B) ;
(C) in subparagraph (A), as so redesignated, by striking the period at the end and inserting; and; and
(D) by adding at the end the following:
(B) may lead to the attainment of a recognized postsecondary credential.
(D) ; and
(4) in paragraph (7), by striking center in the heading and inserting campus.
Section 153. Individuals eligible for the Job Corps
Section 144 of the Workforce Innovation and Opportunity 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 determination by the director of a Job Corps campus that such individual meets the criteria described in subparagraph (A) or (B) of section 145(b)(1); and
(iii) ; 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.
(i) ; and
(ii) in subparagraph (C), by striking (42 U.S.C. 14043e-2(6))) and inserting (34 U.S.C. 12473(6))).
(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 counseling 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 homeless youth and foster youth
In determining whether an individual is eligible to enroll for services under this subtitle on the basis of being a homeless youth, or a youth in foster care, as described in subsection (a)(3)(C), staff shall—
(1) if determining whether the individual is a homeless youth, 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
(2) 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 such section 479D of the Higher Education Act of 1965 (20 U.S.C. 1087uu–2) for financial aid administrators.
(3) .
Section 154. Recruitment, screening, selection, and assignment of enrollees
Section 145 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3195) is amended—
(1) in subsection (a)(2)—
(A) in subparagraph (A), by striking 45 and inserting 55;
(B) in subparagraph (D), by striking and;
(C) in subparagraph (E), by striking the period and inserting; and; and
(D) by adding at the end the following:
(F) assist applicable one-stop centers and other entities identified in paragraph (3) in developing joint applications for Job Corps, YouthBuild, and the youth activities described in section 129.
(D) ; and
(2) in subsections (b), (c), and (d)—
(A) by striking center each place it appears and inserting campus; and
(B) by striking centers each place it appears and inserting campuses.
Section 155. Job Corps Campuses
Section 147 of the Workforce Innovation and Opportunity 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 campus; and
(II) by inserting after United States Code, the following: and section 159(f)(2)(B)(i)(III),; and
(ii) in subparagraph (B)—
(I) in clause (i)—
(aa) by striking operate a Job Corps center and inserting operate a Job Corps campus;
(bb) by striking subclause (IV);
(cc) by redesignating subclauses (I), (II), (III), and (V), as subclauses (III), (IV), (V), and (VI), respectively;
(dd) by inserting before subclause (III), as so redesignated, the following:
(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 campus, a comparable alternative numeric metric on the past effectiveness of the entity in successfully assisting at-risk youth to connect to the labor force, based on such primary indicators of performance for eligible 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 developed by the Office of Inspector General of the Department of Labor;
(dd) ;
(ee) in subclause (III), as so redesignated, by striking center 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 reflects employment opportunities in the local areas in which enrollees 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 credit, that permits articulation into a higher level or other degree or credential program;
(ff) ;
(gg) in subclause (V), as so redesignated, by striking center is located; and inserting campus is located, including agreements to provide off-campus work-based learning opportunities aligned with the career and technical education provided to enrollees; 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 management plan, as described in section 152(a), and maintain a safe and secure learning environment for enrollees.
(hh) ; 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 program after program;
(iii) in subparagraph (D), by inserting after is located the following:, including 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 security and access to campus facilities, including procedures to report on and respond to violations of the disciplinary policy described in section 152(b) and other emergencies occurring on campus.
(v) ;
(3) in subsection (b)—
(A) in the heading, by striking centers and inserting campuses;
(B) by striking center each place it appears and inserting campus;
(C) by striking centers each place it appears 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 centers and inserting campuses; and
(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 period and inserting 3-year period; and
(8) in subsection (g)—
(A) by striking center each place it appears and inserting campus;
(B) in paragraph (1), 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 performance under section 159(c)(1) across all of the primary indicators of performance for eligible 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 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 described in subsection (a)(1)(A).
(B) ;
(C) in paragraph (2)(B), by inserting or onboard strength or enrollment after performance;
(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
(iii) .
Section 156. Program activities
Section 148 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3198) is amended—
(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 before the period at the end the following:, and productive activities, such as tutoring or other skills development opportunities, for enrollees to participate in outside of regular class time and work hours; and
(ii) 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);
(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 completed; and
(6) in subsection (d), by inserting, in coordination with the operator of the Job Corps program in which a graduate was enrolled, after Secretary.
Section 157. Counseling and job placement
Section 149(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3199(b)) is amended—
(1) by inserting, in coordination with the operator of a Job Corps campus, after The Secretary;
(2) by inserting assigned to such campus after for enrollees; and
(3) by inserting, in coordination with the operator, after, the Secretary.
Section 158. Support
Section 150 of the Workforce Innovation and Opportunity 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 employment if such graduate receives written approval from the director of the Job Corps campus to remain such a resident.
(2) .
Section 159. Operations
Section 151 of the Workforce Innovation and Opportunity 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:
(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.
(2) .
Section 160. Standards of conduct
Section 152 of the Workforce Innovation and Opportunity 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 consistent 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 follows:
(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.
(A) In general
Not later than 1 year after the date of enactment of the A Stronger Workforce for America Act of 2026, the Secretary shall establish an appeals process under which the director of a Job Corps campus may submit a request that an enrollee who has engaged in an activity which is a violation of the guidelines established pursuant to subsection (b)(2)(A) remain enrolled in the program, but be subject to other disciplinary actions in lieu of automatic separation from the program.
(B) Contents
A request under subparagraph (A) shall include—
(i) a signed certification from the director attesting that, to the belief of the director, the continued enrollment of such enrollee would not impact the safety or learning environment of the campus; and
(ii) the behavioral records of such enrollee.
(C) Default approval
The Secretary shall review such appeal within 30 days of receiving such appeal and either approve or deny the appeal. An appeal shall be considered approved if the Secretary has not denied such appeal after 30 days.
(4) .
Section 161. Community participation
Section 153 of the Workforce Innovation and Opportunity 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
(B) ; and
(4) in subsection (c), in the heading, by striking Centers and inserting Campuses.
Section 162. Workforce councils
Section 154 of the Workforce Innovation and Opportunity 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 subparagraph (B):
(C) representatives of community-based organizations; and
(C) ;
(3) in subsection (c)(2)(C), by inserting, recognized postsecondary credentials, after skills; and
(4) in subsection (d), in the heading, by striking New centers and inserting New campuses.
Section 163. Advisory committees
Section 155 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3205) is amended—
(1) by striking The Secretary and inserting (a) In general.—The Secretary;
(2) by striking centers and inserting campuses;
(3) by striking center and inserting campus; 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 of 2026, the Secretary shall establish an advisory committee to provide recommendations on effective or evidence-based strategies to improve—
(1) safety, security, and learning conditions on Job Corps campuses;
(2) the standards for campus safety established under section 159(c)(4);
(3) the levels of performance established under section 159(c)(1), including recommendations to improve 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 improvement plans and other measures to continuously improve the performance of the Job Corps program.
(4) .
Section 164. Experimental projects and technical assistance
Section 156 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3206) is amended—
(1) by striking center and inserting campus;
(2) by striking centers and inserting campuses; and
(3) in subsection (b)—
(A) by striking 1/4 of 1 percent to provide 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 implementation of a behavior management plan under section 152(a); and
(E) in complying with the campus and student safety standards described in section 159(c)(4); and
(B) .
Section 165. Special provisions
Section 158 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3208) is amended—
(1) by striking center each place it appears and inserting campus; and
(2) in subsection (f)—
(A) by striking may accept on behalf of the Job Corps or individual Job Corps campuses charitable donations of cash and inserting (or the Secretary of Agriculture, as appropriate), on behalf of the Job Corps, or a Job Corps campus operator, on behalf of such campus, 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 acquired by a Job Corps campus shall be directly transferred, on a nonreimbursable basis, to the Secretary..
(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:
(A) In general
The Secretary
(i) ;
(ii) by inserting that are ambitious yet achievable and after program; and
(iii) by adding at the end the following new subparagraphs:
(B) Levels of performance
In establishing the expected levels of performance under subparagraph (A) for a Job Corps campus, the Secretary may take into account factors including—
(i) how the levels involved compare with the recent performance of such campus and the performance of other campuses within the same State or geographic region;
(ii) the levels of performance set for the primary indicators of performance described 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 involved promote continuous improvement in performance on the primary indicators of performance by such campus and ensure optimal return on the use of Federal funds; and
(iv) any other considerations identified by the Secretary after reviewing the recommendations of the advisory group described in section 155(b).
(C) Performance per contract
The Secretary shall ensure the expected levels of performance are established in the relevant contract or agreement.
(i) In general
In the event of a significant economic downturn, the Secretary shall adjust the applicable levels of performance for each of the campuses for a program year to reflect the actual economic 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 Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report explaining the reason for such adjustments.
(E) Review of levels of performance
The Office of Inspector General of the Department of Labor shall, every 5 years, submit to the Committee on Education and 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 containing—
(i) a quadrennial review of the expected 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.
(iii) ;
(B) in paragraph (2)(B), by striking (L), and (M) and inserting (M), and (N);
(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:
(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, faculty, staff, and community members; and
(iii) any other considerations identified by the Secretary after reviewing the recommendations of the advisory group described in section 155(b).
(E) ;
(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 semicolon; and
(iii) by adding at the end the following:
(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).
(iii) ; and
(G) by adding at the end the following:
(6) Wage records
The Secretary shall make arrangements with a State or other appropriate entity to facilitate the use of State wage records to evaluate the performance of Job Corps campuses on the employment and earnings indicators described in clause (i)(III) of subparagraph (A) of section 116(b)(2) and subclauses (I) and (II) of clause (ii) of such subparagraph for the purposes of the report required under paragraph (5).
(G) ;
(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 consumer-tested to ensure it is easily understood, searchable, and navigable, after subsection (c)(4),;
(B) in subparagraph (B), by striking gender and inserting sex;
(C) in subparagraph (F), by striking regular secondary school diploma and inserting regular high school diploma;
(D) in subparagraph (G), by striking regular 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 subparagraph (I):
(J) the number of appeals under section 152(c) and a description of each appeal that was approved;
(F) ;
(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 improvements
Section 159(f) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3209) is amended to read as follows:
(1) Assessments
The Secretary shall conduct 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.
(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 performance improvement plan under this paragraph for such program year or the succeeding program year, the Secretary shall develop and implement, for a comprehensive improvement period beginning with the succeeding program year, a performance improvement plan that meets the requirements of clause (iii).
(ii) Performance failures
A Job Corps campus performs as described in this clause if, for a program year, such campus—
(I) fails to meet an average of 90 percent on the expected levels of performance across all the primary indicators of performance specified in subsection (c)(1); and
(II) is ranked among the lowest 20 percent of all Job Corps campuses.
(iii) Performance improvement plan requirements
A performance improvement plan, with respect to a Job Corps campus, shall require the Secretary to take substantial action during a 3 consecutive program year period (in this paragraph, referred to as a comprehensive improvement period) to improve the performance of such campus, which shall include—
(I) providing technical assistance to the campus;
(II) changing the management staff of the campus;
(III) changing the career and technical education and training offered at the campus;
(IV) replacing the operator of the campus; or
(V) reducing the capacity of the campus.
(i) In general
With respect to a Job Corps campus that, for the two consecutive program years immediately following a comprehensive improvement period and regardless of whether such campus is subject to a subsequent comprehensive improvement period, fails to meet an average of 85 percent on the expected levels of performance across all the primary indicators and is ranked among the lowest 15 percent of all Job Corps campuses, the Secretary shall take further substantial action to improve the performance of such campus, which shall include—
(I) relocating the campus;
(II) closing the campus; or
(III) notifying the State in which the campus is located of such failure and, if such State submits a written plan to operate a residential campus in the current location, the Secretary—
(aa) shall enter into a memorandum of understanding with the State for the purpose of so operating a residential campus and award funding directly to the State for such purpose;
(bb) may encourage innovation in such memorandum of understanding by waiving any statutory or regulatory requirement of this subtitle except for those related to participant eligibility under section 144, program activities under section 148, counseling and job placement under section 149, standards of conduct under section 152, and performance reporting and accountability under this section; and
(cc) if a State chooses to award funds received under this clause to an entity that is not a State agency or other State entity, require that such State develop award criteria that will give priority consideration for the primary contract or grant for operation of the campus to any applicant that is a non-profit organization with expertise in serving out-of-school youth and that otherwise meets such award criteria.
(I) In general
In the case of a Job Corps campus described in clause (i) that is located on an Indian reservation, subclause (III) of such clause shall be applied by—
(aa) by substituting Indian Tribe for State in each place it appears; and
(bb) in item (cc), by substituting Tribal organization for State agency or other State entity.
(II) Definition
In this paragraph, the terms Indian Tribe and Tribal organization have the meanings given such terms in subsections (e) and (l), respectively, of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Additional performance improvement
In addition to the performance improvement plans required under paragraph (2), the Secretary may develop and implement additional performance improvement plans for a Job Corps campus that fails to meet criteria established by the Secretary other than the expected levels of performance described in subsection (c)(1).
(4) Civilian Conservation Centers
With respect to a Civilian Conservation Center that, for 3 consecutive program years, fails to meet an average of 90 percent of the expected levels of performance across all the primary indicators of performance specified in subsection (c)(1) and is ranked among the lowest 15 percent of campuses, the Secretary of Labor or, if appropriate, the Secretary of Agriculture shall select, on a competitive basis, an entity to operate part or all of the Civilian Conservation Center in accordance with the requirements of section 147.
(b) Performance assessments and improvements
.
(c) Conforming amendments
Section 159 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3209) is further amended—
(1) in subsection (a)(3), by striking centers and inserting campuses;
(2) in subsection (g)(1), in the heading, by striking Center and inserting Campus; and
(3) in subsection (j), in the heading, by striking Center and inserting Campus.
Section 167. Job Corps oversight and reporting
Section 161 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3211) is amended—
(1) in subsection (c)—
(A) in the heading, by striking Center and inserting Campus; and
(B) by striking center and inserting campus;
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new subsection:
(d) Report on implementation of recommendations
The Secretary shall, on an annual basis, prepare and submit to the applicable committees a report regarding the implementation of all outstanding recommendations regarding the Job Corps program from the Office of Inspector General of the Department of Labor or the Government Accountability Office.
(3) .
Section 169. Conforming amendments
Section 146(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3196(a)) is amended by striking App. 451 and inserting 3801.
Section 171. Native American programs
Section 166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221) is amended—
(1) in subsection (a)(2), by striking (25 U.S.C. 450 et seq.) and inserting (25 U.S.C. 5301 et seq.);
(2) in subsection (b)—
(A) in paragraph (2), by striking (25 U.S.C. 450b) and inserting (25 U.S.C. 5304); and
(B) in paragraph (3), by inserting (20 U.S.C. 7517) before the period at the end;
(3) in subsection (d)(1)—
(A) in subparagraph (A), by striking and;
(B) in subparagraph (B)—
(i) by striking leading and inserting or self-employment that leads; and
(ii) by striking the period at the end and inserting; and; and
(C) by adding at the end the following:
(C) are evidence-based, to the extent practicable.
(C) ;
(4) in subsection (d)(2), by striking subparagraph (B) and inserting the following:
(B) Administrative costs
Not more than 15 percent of the funds made available to an entity under subsection (c) may be used for the administrative costs of the activities and services described in subparagraph (A).
(i) Eligibility
Notwithstanding any other provision of this section, individuals who were eligible to participate in programs under section 401 of the Job Training Partnership Act (as such section was in effect on the day before the date of enactment of the Workforce Investment Act of 1998) shall be eligible to participate in an activity assisted under this section.
(ii) Transfer of unobligated funds
An entity receiving funds under subsection (c) may transfer such funds that are unobligated for an award year to the following award year for activities described in subparagraph (A)(i) in that following award year.
(4) ;
(5) in subsection (e)(3), by inserting or to develop skills necessary for successful self-employment before the semicolon at the end;
(6) in subsection (h)—
(A) in paragraph (1)—
(i) in the heading, by striking the heading and inserting Performance standards;
(ii) by striking subparagraph (A) and inserting the following:
(A) Consultation on performance standards
The Secretary, in consultation with the Native American Employment and Training Council, shall develop performance standards on the primary indicators of performance described in section 116(b)(2)(A) that shall be applicable to programs under this section.
(ii) ; and
(iii) in subparagraph (B), in the matter preceding clause (i), by striking indicators and;
(B) in paragraph (2), by striking section 116(b)(2)(A) and all that follows through the period at the end of the paragraph and inserting the following:
(B) section 116(b)(2)(A)—
(A) taking into consideration—
(i) economic conditions;
(ii) characteristics and needs of the individuals and groups served, including the differences in needs among such groups in various geographic service areas; and
(iii) other appropriate factors, including the economic circumstances of the communities served; and
(B) using, to the extent practicable, the statistical adjustment model under section 116(b)(3)(A)(viii).
(B) ; and
(C) by adding at the end the following:
(3) Program plan
The levels agreed to under paragraph (2) shall be the adjusted levels of performance and shall be incorporated in the program plan.
(A) In general
The Secretary shall make arrangements with any State or other appropriate entity to facilitate the use of State wage records to evaluate the performance of entities funded under this section on the employment and earnings indicators described in subclauses (I) through (III) of section 116(b)(2)(A)(i) for the purposes of the report required under paragraph (5).
(B) Other wage records
For any individual working in Indian country (as defined in section 1151 of title 18, United States Code) whose wages are not submitted to a relevant State as an unemployment insurance wage record, the Indian tribe with jurisdiction over that Indian country may submit other forms of documentation of the wages of such individual to the State for purposes of the report required under paragraph (5).
(5) Performance results
For each program year, the Secretary shall make available on a publicly accessible website of the Department of Labor a report on the performance, during such program year, of entities funded under this section on—
(A) the primary indicators of performance described in section 116(b)(2)(A); and
(B) the adjusted levels of performance for such entities as described in paragraph (2).
(C) ; and
(7) in subsection (i)—
(A) in paragraph (4)—
(i) in subparagraph (A)—
(I) by striking Using and inserting the following:
(i) Establishment
Using
(I) ; and
(II) by adding at the end the following:
(ii) Recommendations
The Secretary shall meet, on not less than an annual basis, with the Council to consider recommendations from the Council on the operation and administration of the programs assisted under this section.
(II) ;
(ii) in subparagraph (B)—
(I) by striking The Council and inserting the following:
(i) In general
The Council
(I) ; and
(II) by inserting at the end the following:
(ii) Vacancies
An individual appointed to fill a vacancy on the Council occurring before the expiration of the term for which the predecessor of such individual was appointed shall be appointed only for the remainder of that term. Such an individual may serve on the Council after the expiration of such term until a successor is appointed.
(II) ; and
(iii) in subparagraph (F), by inserting, virtually or in person before the period at the end; and
(B) in paragraph (6)—
(i) by striking more than one State and inserting a State;
(ii) by inserting or provided by another grantee that receives funds awarded under subtitle B from any State for adult, youth, or dislocated worker programs after this title;
(iii) by striking Governors of the affected States and inserting Governor of any affected State; and
(iv) by striking the States and inserting the State or other grantee.
Section 172. Migrant and seasonal farmworker programs
Section 167 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3222) is amended—
(1) in subsection (b)—
(A) by striking To be and inserting the following:
(1) In general
To be
(A) ; and
(B) by adding at the end the following:
(2) Prohibition on geographic limitations
In determining eligibility under paragraph (1), the Secretary may not place limitations on the geographic location of the entity or on the intended area to be served.
(B) ;
(2) in subsection (c), by adding at the end the following:
(5) Wage records
The Secretary shall make arrangements with a State or other appropriate entity to facilitate the use of State wage records to evaluate the performance of entities funded under this section on the employment and earnings indicators described in subclauses (I) through (III) of section 116(b)(2)(A)(i) for the purposes of the report required under paragraph (6).
(6) Performance results
For each program year, the Secretary shall make available on a publicly accessible website of the Department a report on the performance, during such program year, of entities funded under this section on—
(A) the primary indicators of performance described in section 116(b)(2)(A); and
(B) the adjusted levels of performance for such entities as described in paragraph (3).
(2) ;
(3) in subsection (d)(1), by inserting development of digital literacy skills, after literacy instruction,;
(4) by redesignating subsections (e) through (i) as subsections (f) through (j), respectively;
(5) by inserting after subsection (d) the following:
(e) Administrative costs
Not more than 10 percent of the funds provided to an entity under this section may be used for the administrative costs of the activities and services carried out under subsection (d).
(5) ; and
(6) in subsection (i), as so redesignated—
(A) in the heading, by striking Allocation and inserting allocation; funding obligation;
(B) by striking From and inserting the following:
(1) Funding allocation
From
(B) ; and
(C) by adding at the end the following:
(2) Funding obligation
Funds appropriated and made available to carry out this section for any fiscal year may be obligated by the Secretary during the period beginning on April 1 of the calendar year that begins during such fiscal year and ending on June 30 of the following calendar year to be made available to an entity described in subsection (b).
(C) .
(a) General technical assistance
Section 168(a)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3223(a)(1)) is amended—
(1) by striking appropriate training, technical assistance, staff development and inserting appropriate education, technical assistance, professional development for staff;
(2) in subparagraphs (B), (C), and (D), by striking training each place it appears and inserting professional development;
(3) by redesignating subparagraphs (G) and (H) as subparagraphs (J) and (K), respectively; and
(4) by inserting after subparagraph (F) the following:
(G) assistance to the one-stop delivery system and the Employment Service established under the Wagner-Peyser Act for the integration of basic career service activities pursuant to section 134(c)(2)(A);
(H) assistance to States with maintaining, and making accessible to jobseekers and employers, the lists of eligible providers of training services required under section 122;
(I) assistance to States that apply for such assistance under section 122(j) for the purposes described in such subsection;
(4) .
(b) Performance accountability technical assistance
Section 168(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3223(b)) is amended—
(1) in the header, by striking Dislocated worker and inserting Performance accountability; and
(2) in paragraph (1)—
(A) in the first sentence—
(i) by inserting, pursuant to paragraphs (1) and (2) of section 116(f), after technical assistance; and
(ii) by striking with respect to employment and training activities for dislocated workers and inserting with respect to the core programs; and
(B) in the second sentence—
(i) by striking assistance to dislocated workers and inserting assistance to individuals served by a core program; and
(ii) by striking provided to dislocated workers and inserting provided to such individuals.
(c) Communities impacted by substance use disorders
Section 168 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3223) is further amended by adding at the end the following:
(d) Communities impacted by substance use disorders
The Secretary shall, as part of the activities described in subsection (c)(2), evaluate and disseminate to States and local areas information regarding evidence-based and promising practices for addressing the economic workforce impacts associated with high rates of substance use disorders, which information shall—
(1) be updated annually to reflect the most recent and available research; and
(2) include information—
(A) shared by States and local areas regarding effective practices for addressing such impacts; and
(B) on how to apply for any funding that may be available under section 170(b)(1)(E).
(c) Communities impacted by substance use disorders
.
(a) In general
Section 169 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3224) is amended—
(1) in subsection (a)—
(A) in paragraph (2)—
(i) by redesignating subparagraph (G) as subparagraph (H);
(ii) in subparagraph (F)—
(I) by striking; and at the end; and
(II) by inserting, including individuals with barriers to employment after demographic groups; and
(iii) by inserting the following after subparagraph (F):
(G) the extent to which such programs or activities are using emerging technology to—
(i) collect, analyze, use, and disseminate accurate and transparent local and State level labor market information;
(ii) integrate administrative data, in accordance with Federal and State privacy laws, to more comprehensively understand and improve education and workforce outcomes; and
(iii) identify and address deficiencies in existing Federal, State, and local workforce data infrastructure and related source systems; and
(iii) ;
(B) in paragraph (3)—
(i) by striking The Secretary and inserting the following:
(A) In general
The Secretary
(i) ; and
(ii) by adding at the end the following new subparagraph:
(B) Limitation
The Secretary may not use the authority described in subparagraph (A) if the evaluations required under paragraph (1) have not been initiated or completed in the time period required.
(ii) ; and
(C) in paragraph (4), in the second sentence—
(i) by striking The Secretary and inserting Beginning after the date of enactment of the A Stronger Workforce for America Act of 2026, the Secretary; and
(ii) by striking 2019 and inserting 2028; and
(2) in subsection (b)—
(A) by amending paragraph (4) to read as follows:
(A) Study on employment conditions
The Secretary, in coordination with other heads of Federal agencies, as appropriate, may conduct a study examining the nature of participants’ unsubsidized employment after exit from programs carried out under this Act—
(i) including with respect to factors such as the availability of paid time off in the employment, health and retirement benefits provided through the employment, workplace safety standards at the place of employment, the predictability and stability of the work schedule for the employment, the ability to obtain through the employment credentials that may permit articulation into a higher level or other degree or credential program, and advancement opportunities in the employment; and
(ii) that includes a description of the feasibility of Congress establishing, through future legislation, an indicator of performance under section 116 related to such factors.
(B) Study on improving workforce services for individuals with disabilities
The Secretary of Labor, in coordination with the Secretary of Health and Human Services, may conduct studies that analyze the access to services by individuals with disabilities, including whether an individual who is unable to receive services under title IV due to a wait list for such services is able to receive services under titles I through III.
(C) Study on the effectiveness of pay for performance
The Secretary shall, not later than 4 years after the date of enactment of the A Stronger Workforce for America Act of 2026, conduct a study that—
(i) compares the effectiveness of the pay-for-performance strategies used under sections 129, 134, and 172 after such date of enactment to the awarding of grants and contracts under such sections as in effect on the day before the date of enactment of such Act; and
(ii) examines, with respect to grants under sections 129, 134, and 172 after such date of enactment—
(I) the competition structure of pay-for-performance grants and contracts under such sections;
(II) the quality of applications received for grants and contracts under such sections; and
(III) whether individuals with barriers to employment were effectively served under the pay-for-performance strategies for grants and contracts under such sections.
(D) Study on individual training accounts for dislocated workers
The Secretary shall, not later than 4 years after the date of enactment of the A Stronger Workforce for America Act of 2026, conduct a study that compares the usage of individual training accounts for dislocated workers after such date of enactment to the usage of such accounts prior to such date of enactment, including a comparison of—
(i) the types of training services and occupations targeted by dislocated workers when using their individual training accounts; and
(ii) the effectiveness of the skills development funded through individual training accounts in helping such individuals attain credentials and secure unsubsidized employment.
(E) Study on statewide critical industry skills funds
The Secretary shall, not later than 4 years after the date of enactment of the A Stronger Workforce for America Act of 2026, conduct a study that will review the usage of statewide critical industry skills funds established by States under section 134(a)(4) and identify, for purposes of measuring the overall effectiveness of the program—
(i) the industries targeted by the funds under section 134(a)(4);
(ii) the occupations for which workers are being upskilled;
(iii) how frequently skills development is provided to prospective workers and incumbent workers, and
(iv) the reported performance outcomes.
(F) Study on industry or sector partnership and career pathways development funds
The Secretary shall, not later than 4 years after the date of enactment of the A Stronger Workforce for America Act of 2026, conduct a study that will review the usage of industry or sector partnership and career pathways development funds established by States under section 134(a)(5) and identify, for purposes of measuring the overall effectiveness of the program—
(i) the industries targeted by the funds under section 134(a)(5) and the growth in employment opportunities in such industries over the period of the study;
(ii) the occupations workers are receiving skills development for and how frequently such skills development is occurring through the funds under section 134(a)(5);
(iii) the States where such funds were used to establish new industry or sector partnerships, the States where such funds were used to expand existing industry or sector partnerships, and an overview of the types of partners participating in such partnerships; and
(iv) the reported performance outcomes.
(G) Study on the effectiveness of employer-based training
The Secretary shall, not later than 4 years after the date of enactment of the A Stronger Workforce for America Act of 2026, conduct a study that measures the effectiveness of on-the-job training, employer-directed skills training, apprenticeship, and incumbent worker training under this title in preparing jobseekers and workers, including those with barriers to employment, for unsubsidized employment. Such study shall include the cost per participant and wage and employment outcomes, as compared to other methods of training.
(H) Study on the effectiveness and use of emerging technology in the workforce development system
The Secretary shall, not later than 4 years after the date of enactment of the A Stronger Workforce for America Act of 2026, conduct a study that—
(i) measures the effectiveness of emerging technology (including artificial intelligence and machine learning) and other advanced computational methods, in improving State workforce development system service delivery, labor market data system performance, data collection and integration to understand participant and program outcomes, and end-user tools for facilitating career exploration or related data insights;
(ii) measures the extent to which States have adopted and implemented such technology and methods in their workforce development systems, including by describing how the technology or method is being used, analyzing the accuracy of such technology or method, and identifying any exhibited bias by any such technology or method; and
(iii) includes an analysis of the consequences of advances in automation technology on employment opportunities, skills development, including digital literacy skills development, and worker dislocation.
(I) Study on the alignment between education and workforce development systems
The Secretary of Labor, shall, not later than 4 years after the date of enactment of the A Stronger Workforce for America Act of 2026, conduct a study on the alignment of workforce development programs under this Act with elementary and secondary education and postsecondary education. The study shall examine—
(i) State efforts to integrate data related to career and technical education programs, dual enrollment programs, pre-apprenticeships and apprenticeships, and other work-based learning programs to inform decisionmaking and improve educational opportunities and outcomes;
(ii) challenges related to and strategies that promote such alignment to facilitate student participation in high-quality college and career pathways; and
(iii) governance structures and funding sources to promote such alignment.
(J) Study on job corps
The Secretary of Labor shall, not later than 4 years after the date of enactment of the A Stronger Workforce for America Act of 2026, conduct an evaluation that—
(i) uses the most rigorous available methods that are appropriate and feasible to evaluate program effectiveness;
(ii) measures the effect of the Job Corps program on participating individuals on outcomes related to the purposes described in section 141(1), including educational attainment, employment, earnings, and other related outcomes, compared with the non-participant peers of those individuals, to determine if the program has a statistically significant effect (including long-term effects) on such outcomes; and
(iii) evaluates the cost-effectiveness of the program.
(K) Reports
The Secretary shall prepare and disseminate to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce of the House of Representatives, and on the publicly available website of the Department, reports containing the results of the studies conducted under this paragraph.
(A) ; and
(B) in paragraph (5), by adding at the end the following:
(i) In general
For each grant or contract awarded under this paragraph, the Secretary shall conduct a rigorous evaluation of the multistate project to determine the impact of the activities supported by the project, including the impact on the employment and earnings of program participants.
(ii) Report
The Secretary shall prepare and disseminate to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce of the House of Representatives, and to the public, including through electronic means, reports containing the results of evaluations conducted under this subparagraph.
(B) .
(b) Workforce data quality initiative
Section 169 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3224) is further amended by adding at the end the following:
(1) Grant program
Of the amount made available pursuant to section 132(a)(2)(A) for any program year, the Secretary shall use not less than 5 percent and not more than 10 percent of such amount, and may also use funds authorized for purposes of carrying out this section, to award grants to eligible entities to create workforce longitudinal data systems, talent marketplaces, and associated resources for the purposes of assisting States to—
(A) improve program quality;
(B) produce evidence for decision making;
(C) meet performance reporting requirements;
(D) protect the privacy of users; and
(E) improve transparency in relation to labor market trends and changes in job skills needed to obtain employment.
(2) Application
To be eligible to receive a grant under this subsection, an eligible entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may require, which shall include—
(A) a description of the activities the eligible entity is proposing, including a description of the need for such activities and a detailed budget;
(B) a description of the expected outcomes and outputs (such as systems or products) that will result from the proposed activities and the proposed uses of such outputs;
(C) a description of how the proposed activities will support the reporting of performance data for the performance accountability requirements under section 116, including outcomes for eligible training providers;
(D) a description of the methods and procedures the eligible entity will use to ensure the security and privacy of the collection, storage, and use of all data involved in the systems and resources supported through the grant, including compliance with State and Federal privacy and confidentiality law;
(E) a plan for how the eligible entity will continue the activities or sustain the use of the outputs created with the grant funds after the grant period ends; and
(F) a description of how the eligible entity will ensure interoperability and portability between the talent marketplace maintained by the eligible entity and other talent marketplaces through the use of open standards.
(3) Priority
In awarding grants under the subsection, the Secretary shall give priority to eligible entities that—
(A) are—
(i) State agencies of States that have not previously received a grant from the Secretary for the purposes of this subsection and demonstrate a substantial need to improve its data infrastructure, including for the development of a talent marketplace; or
(ii) consortia of State agencies that are comprised of State agencies from multiple States and include at least one State agency described in clause (i) and have the capacity to make significant contributions toward building interoperable and portable interstate data infrastructure; and
(B) will use grant funds to—
(i) expand the adoption and use of linked, publicly available, and interoperable data on knowledge, skills, and abilities represented through credentials, occupational job descriptions, and learning assertions, including through the development of a talent marketplace or other tools and services designed to help learners and workers make informed decisions;
(ii) participate in and contribute data to a multistate data collaborative, including data that provides participating States the ability to better understand—
(I) earnings and employment outcomes of individuals who work out-of-State; and
(II) interstate earnings and employment trends;
(iii) enhance collaboration with private sector workforce and labor market data entities and the end-users of workforce and labor market data, including individuals, employers, economic development agencies, and workforce development providers;
(iv) leverage the use of non-Federal contributions to improve workforce data infrastructure, including staff capacity building; or
(v) expand existing statewide integrated longitudinal data systems, including such systems receiving assistance under section 208 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9607).
(4) Use of funds
In addition to the activities described in paragraph (3)(B), an eligible entity awarded a grant under this subsection may use funds to carry out any of the following activities:
(A) Developing or enhancing a State’s workforce longitudinal data system, including by participating and contributing data to the State’s data system, if applicable, that links with elementary and secondary school and postsecondary data.
(B) Accelerating the replication and adoption of data systems, projects, products, or practices already in use in one or more States to other States.
(C) Research and labor market data improvement activities to improve the timeliness, relevance, and accessibility of such data through pilot projects that are developed locally but designed to scale to other regions or States.
(D) Establishing or enhancing a talent marketplace.
(E) Developing policies, guidelines, and security measures for data collection, storing, and sharing to ensure compliance with relevant Federal and State privacy laws and regulations.
(F) Increasing local board access to and integration with the State’s workforce longitudinal data system in a secure manner.
(G) Creating or participating in a data exchange for collecting and using standards-based jobs and employment data including, at a minimum, job titles or occupation codes.
(H) Improving State and local staff capacity to understand, use, and analyze data to improve decision-making and improve participant outcomes.
(A) Duration
A grant awarded under this subsection may be for a period of up to 3 years.
(B) Supplement, not supplant
Funds made available under this subsection shall be used to supplement, and not supplant, other Federal, State, or local funds used for development of State data systems.
(C) Report
Each eligible entity that receives a grant under this subsection shall submit a report to the Secretary not later than 180 days after the conclusion of the grant period on the activities supported through the grant and improvements in the use of workforce and labor market information that have resulted from such activities.
(6) Definition
In this subsection—
(A) Eligible entity
The term ‘eligible entity’ means a State agency, including a State workforce agency or a consortium of State agencies, including a multistate data collaborative, that is or includes the State agency responsible for—
(i) State employer wage records used by the State’s unemployment insurance programs in labor market information reporting and analysis and for fulfilling the reporting requirements under section 116(d);
(ii) the production of labor market information; and
(iii) the direct administration of one or more of the core programs.
(B) Multistate data collaborative
The term multistate data collaborative means a partnership among two or more States to coordinate the governance and standards for workforce related data maintained by such States in order to facilitate interoperability and the secure exchange of such data between such States.
(b) Workforce data quality initiative
.
Section 175. National dislocated worker grants
Section 170 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225) is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (C), by striking and at the end;
(ii) in subparagraph (D)(ii), by striking the period at the end and inserting; and; and
(iii) by adding at the end the following:
(E) to an entity described in subsection (c)(1)(B) to provide employment and training activities related to the prevention and treatment of substance use disorders, including addiction treatment, mental health treatment, and pain management, in an area that, as a result of widespread substance use, addiction, and overdoses, has higher-than-average demand for such activities that exceeds the availability of State and local resources to provide such activities.
(iii) ; and
(B) by adding at the end the following:
(3) Performance results
The Secretary shall collect the necessary information from each entity receiving a grant under this section to determine the performance of such entity on the primary indicators of performance described in section 116(b)(2)(A)(i) and make such information available on the publicly accessible website of the Department in a format that does not reveal personally identifiable information.
(B) ; and
(2) in subsection (c)—
(A) in paragraph (1)(A)—
(i) by striking subsection (b)(1)(A) and inserting subparagraph (A) or (E) of subsection (b)(1); and
(ii) by striking, in such manner, and containing such information and inserting and in such manner; and
(B) in paragraph (2)—
(i) in subparagraph (B)—
(I) in the heading, by striking Retraining and inserting Reskilling; and
(II) by striking retraining and inserting reskilling;
(ii) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and
(iii) by inserting after subparagraph (B) the following:
(iii) .
Section 176. YouthBuild Program
Section 171 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226) is amended—
(1) in subsection (b)(7), by striking (25 U.S.C. 450b) and inserting (25 U.S.C. 5304);
(2) in subsection (c)—
(A) by amending paragraph (1) to read as follows:
(A) Amount of grants
Subject to subparagraph (B), the Secretary is authorized to make grants to applicants for the purpose of carrying out YouthBuild programs approved under this section.
(i) Tribal reservation
Subject to clause (iii), in carrying out subparagraph (A), the Secretary shall reserve not less than 5 percent of the total amount appropriated for the purposes of that subparagraph to make grants to applicants that are—
(I) Indian tribes, tribal organizations, or Native Hawaiian organizations (as such term is defined in section 166(b)); or
(II) carrying out programs for the benefit of Indians.
(ii) Rural reservation
Subject to clause (iii), in carrying out subparagraph (A), the Secretary shall reserve not less than 10 percent of the total amount appropriated for purposes of that subparagraph to make grants to applicants that are located in rural areas.
(iii) Exception
If the Secretary does not receive a sufficient number of applications of sufficient quality to award the amounts reserved under clause (i) or amounts reserved under clause (ii) in accordance with the requirements of the applicable clause, the Secretary may—
(I) award grants to applicants described in clause (i) or clause (ii), as the case may be, in an amount not to exceed $1,500,000 per grant; and
(II) use any remaining amount reserved under the applicable clause to, notwithstanding the requirements of that clause, award grants under subparagraph (A) to other applications that are not described in such clause.
(A) ;
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) in clause (iv)—
(aa) in subclause (II), by striking language learners and inserting learners;
(bb) in subclause (III), by striking a secondary and inserting a regular high; and
(cc) in subclause (IV), by striking required and inserting available Federal, State, or institutional;
(II) in clause (v), by striking drug and alcohol abuse and inserting substance use disorder;
(III) in clause (vii)—
(aa) by inserting to ensure full participation in a YouthBuild program, including such services for individuals with disabilities, after services; and
(bb) by inserting unsubsidized after retaining; and
(IV) in clause (viii), by inserting, including career services after assistance; and
(ii) by adding at the end the following:
(I) Provision of meals and other food assistance to participants in conjunction with another activity described in this paragraph.
(J) Provision of information on and referral to Federal and State means tested programs.
(ii) ;
(C) in paragraph (3)—
(i) in subparagraph (A), by striking such time, in such manner, and containing such information and inserting such time and in such manner; and
(ii) in subparagraph (B)—
(I) in the header, by striking Minimum requirements and inserting Requirements;
(II) by striking, at a minimum;
(III) in clause (iii), by striking unions and inserting labor organizations;
(IV) by amending clause (v) to read as follows:
(v) a description of the educational and job training activities, work opportunities, postsecondary education and training opportunities, and other services that will be provided to participants, and how those activities, opportunities, and services will—
(I) prepare youth for employment in in-demand industry sectors or occupations in the labor market area described in clause (i); and
(II) support youth in attaining a regular high school diploma or its recognized equivalent;
(IV) ;
(V) in clause (vii), by striking (including agencies of Indian tribes) and inserting, Indian tribes, tribal organizations, and tribal educational agencies (as such term is defined in section 6132(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7452(b)));
(VI) in clause (x), by inserting located in the region proposed to be served by such applicant, as applicable after tribes;
(VII) by amending clause (xii) to read as follows:
(xii) a description of the levels of performance the applicant expects to achieve on the primary indicators of performance described in section 116(b)(2)(A)(ii);
(VII) ;
(VIII) in clause (xiii), by striking unions and inserting labor organizations;
(IX) by redesignating clauses (xv) through (xxi) as clauses (xvi) through (xxii), respectively; and
(X) by inserting after clause (xiv) the following:
(xv) a description of any strategies the applicant will use to engage program participants in providing feedback and informing decision-making related to the program;
(X) ; and
(D) in paragraph (4)—
(i) by striking such selection criteria as the Secretary shall establish under this section, which shall include criteria and inserting selection criteria;
(ii) in subparagraph (J)(iii), by adding and after the semicolon;
(iii) in subparagraph (K), by striking; and and inserting a period; and
(iv) by striking subparagraph (L);
(3) in subsection (e)(1)(B)(i)—
(A) by striking are basic skills deficient and inserting have foundational skill needs; and
(B) by striking secondary and inserting regular high;
(4) in subsection (f), by striking paragraph (2) and inserting the following:
(2) Use of wage records
The Secretary shall make arrangements with a State or other appropriate entity to facilitate the use of State wage records to evaluate the performance of YouthBuild programs funded under this section on the employment and earnings indicators described in section 116(b)(2)(A)(ii) for the purposes of the report required under paragraph (3).
(3) Performance results
For each program year, the Secretary shall make available, on a publicly accessible website of the Department, a report on the performance of YouthBuild programs, during such program year, funded under this section on—
(A) the primary indicators of performance described in section 116(b)(2)(A)(ii); and
(B) the expected levels of performance for such programs as described in paragraph (1).
(4) Consultation
In establishing expected levels of performance under paragraph (1), the Secretary shall consult, on not less than an annual basis, with entities carrying out YouthBuild programs to ensure such levels of performance account for the workforce development and postsecondary education experiences of youth served by such programs.
(4) ;
(5) in subsection (g), by inserting at the end the following:
(4) Annual release of funding opportunity announcement
The Secretary shall, to the greatest extent practicable, announce new funding opportunities for grants under this section during the same time period each year for which such grants are available.
(5) ; and
(6) by amending subsection (i) to read as follows:
(6) .
Section 177. Reentry employment opportunities
Subtitle D of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221 et seq.) is amended—
(1) by redesignating section 172 as section 175; and
(2) by inserting after section 171 the following:
(a) Purposes
The purposes of this section are—
(1) to improve the employment, earnings, and skill attainment, and reduce recidivism, of adults and youth who have been involved with the justice system;
(2) to prompt innovation and improvement in the reentry of offenders into the workforce so that successful initiatives can be established or continued, and replicated; and
(3) to further develop the evidence on how to improve employment, earnings, and skill attainment, and reduce recidivism, of offenders, through rigorous evaluations of specific services provided, including how they affect different populations and how they are best combined and sequenced, and disseminate such evidence to entities supporting the reentry of offenders is into the workforce.
(1) In general
From the amounts appropriated under section 175(e) and not reserved under subsection (h), the Secretary shall carry out a Reentry Employment Opportunities Program, through which the Secretary—
(A) except as provided in subparagraph (B), in order to implement reentry projects that serve eligible adults or eligible youth shall, on a competitive basis—
(i) make direct awards (through grants, contracts, or cooperative agreements) to eligible entities to implement such reentry projects; and
(ii) in any year for which the Secretary makes awards under clause (i), make intermediary awards to eligible entities who are national or regional intermediaries, who shall use the award funds—
(I) to make direct awards to eligible entities to implement such reentry projects; or
(II) to implement such reentry projects; and
(B) in order to implement youth reentry employment opportunities projects, through that program, that serve eligible youth shall, on a competitive basis—
(i) make direct awards to youth project eligible entities to implement such youth reentry projects; and
(ii) in any year for which the Secretary makes awards under clause (i), make intermediary awards to youth project eligible entities who are national or regional intermediaries, who shall use the award funds—
(I) to make direct awards to youth project eligible entities to implement such youth reentry projects; or
(II) to implement such youth reentry projects.
(2) Allocation to activities
From the amounts appropriated under section 175(e) and not reserved under subsection (h), the Secretary—
(A) shall use not less than 20 percent of such amounts for awards under paragraph (1)(A) to eligible entities to serve as national or regional intermediaries to provide the award funds to other eligible entities—
(i) to implement reentry projects described in paragraph (1)(A); and
(ii) to monitor and support such entities;
(B) shall use not less than 20 percent of such amounts for direct or intermediary awards under paragraph (1)(B) to—
(i) implement youth reentry projects described in paragraph (1)(B); and
(ii) in cases in which the award recipients make direct awards to other youth reentry project eligible entities, monitor and support such entities;
(C) shall use 20 percent of such amounts, from the portion reserved to carry out paragraph (1)(A), to award funds to eligible entities using pay-for-performance contracts—
(i) that specify a fixed amount that will be paid to such an entity based on the achievement, within a defined timeframe, of proposed levels of performance described under subsection (e)(2)(A) on the indicators of performance described in subsection (e)(1)(A)(i); and
(ii) which may provide for bonus payments to such entity to expand capacity to provide effective services; and
(D) shall ensure awards made under this section are made to eligible entities from geographically diverse areas, in addition to giving the priorities described in paragraph (5).
(3) Initial award periods
The Secretary shall make an award under this section for an initial period of not more than 4 years.
(4) Additional awards
The Secretary may make, for a period of not more than 4 years, 1 or more additional awards to an eligible entity that received an award under this section if the eligible entity achieved the levels of performance agreed upon with the Secretary (as described in subsection (e)(2)) for the most recent award period.
(5) Priority
In awarding funds under this section, the Secretary shall give priority to eligible entities whose applications submitted under subsection (c) demonstrate a commitment to use such funds to implement a reentry project—
(A) that will serve a high-poverty area;
(B) that will enroll eligible youth or eligible adults—
(i) prior to the release of such individuals from incarceration in a correctional institution; or
(ii) not later than 90 days after such release;
(C) whose strategy and design are evidence-based;
(D) for which the eligible entity will establish a partnership with—
(i) a business;
(ii) an institution of higher education or provider under section 122 (as determined by the State where services are being provided) to provide project participants with a program leading to a recognized postsecondary credential in an in-demand industry sector or occupation;
(iii) a local educational agency; or
(iv) an agency that receives assistance for a program under section 225;
(E) that provides training services, including employment-directed skills development and on-the-job training, that are designed to meet the specific requirements of an employer (including a group of employers), industry, or sector, and are conducted with a commitment by the employer to employ individuals upon successful completion of the preparation; and
(F) that will serve a rural area.
(A) Projects with intermediaries
An intermediary who receives funds under paragraph (1), to the extent that the intermediary uses the funds to make direct awards to eligible entities, shall carry out the functions of the Secretary described in paragraphs (3), (4), and (5) of this subsection, and paragraphs (1), (2) (other than paragraph (2)(J)), and (4) of subsection (c).
(B) Reentry employment opportunities program projects
For purposes of this section, a reference to an eligible entity, used with respect to a youth reentry project carried out under paragraph (1)(B), shall be considered to be a reference to a youth project eligible entity.
(1) Form and procedure
To be qualified to receive funds under this section, an eligible entity shall submit an application to the Secretary at such time, and in such manner, as is determined by the Secretary, and containing the information described in paragraph (2) and, as applicable, paragraph (3) or (4).
(2) Contents
An application submitted by an eligible entity under paragraph (1) shall contain the following:
(A) A description of the eligible entity, including the experience of the eligible entity in providing education, employment, and training services for offenders.
(B) A description of the needs that will be addressed by the reentry project supported by the funds received under this section and the target participant population and the geographic area to be served.
(C) A description of the proposed education, employment, and training services and supportive services, if applicable, to be provided under such reentry project, and how such activities will prepare participants for employment in an in-demand industry sector or occupation within the geographic area to be served by such reentry project.
(D) The anticipated schedule for carrying out the activities proposed for the reentry project.
(E) A description of—
(i) the partnerships the eligible entity will establish with agencies and entities within the criminal justice system, agencies and entities within the juvenile justice system, local boards, one-stop operators, one-stop partners, community-based organizations, and employers (including local businesses) to provide participants in the reentry project with work-based learning, job placement, and recruitment (if applicable); and
(ii) how the eligible entity will coordinate its activities with other services and benefits available to offenders in the geographic area to be served by the reentry project.
(F) A description of the manner in which individuals will be recruited and selected for participation for the reentry project.
(G) A detailed budget and a description of the system of fiscal controls, and auditing and accountability procedures, that will be used to ensure fiscal soundness for the reentry project.
(H) A description of the proposed levels of performance to be achieved with respect to the indicators of performance described in subsection (e).
(I) A description of the evidence-based practices the eligible entity will use in administration of the reentry project.
(J) An assurance that the eligible entity will collect, disaggregate by each subpopulation of individuals with barriers to employment, and by race, ethnicity, sex, and age, and report to the Secretary the data required with respect to the reentry project carried out by the eligible entity for purposes of determining levels of performance achieved and conducting the evaluation under this section.
(K) An assurance that the eligible entity will provide a match as described in subsection (d)(4).
(L) A description of how the eligible entity plans to continue the reentry project after the award period.
(M) For any project offering a recognized postsecondary credential, a description of how the project leads to the credential.
(N) For a project that also serves as a program carried out under section 225, a description of how the award funds will be used to carry out the education described in section 225, in conjunction with the activities described in subsection (d).
(3) Additional content for intermediary applicants
An application submitted by an eligible entity seeking to serve as a national or regional intermediary as described in subparagraph (A) or (B) of subsection (b)(1) shall also contain each of the following:
(A) An identification and description of the eligible entities that will be subawardees of such intermediary and implement the reentry projects, which shall include subawardees in—
(i) 3 or more noncontiguous metropolitan areas or rural areas; and
(ii) not fewer than 2 States.
(B) A description of the services and supports the intermediary will provide to the subawardees, including administrative and fiscal support to ensure the subawardees comply with all subaward requirements.
(C) A description of how the intermediary will facilitate the replication of evidence-based practices or other best practices identified by the intermediary across all subawardees.
(D) If such intermediary is currently receiving, or has previously received, funds under this section as an intermediary to implement a reentry project, an assurance that none of the subawardees identified under subparagraph (A) are current or were previous subawardees of the intermediary for such reentry project and failed to meet the levels of performance established for such reentry project.
(4) Additional content for youth REO applications
An application submitted under paragraph (1) by a youth project eligible entity seeking to serve youth applicants through an award described in subsection (b)(1)(B) shall also contain the following:
(A) A description of—
(i) how the youth reentry project will facilitate the enrollment of eligible youth in a program of a local educational agency, a program of adult education and literacy activities, a YouthBuild program, the Job Corps, or a program of an institution of higher education;
(ii) how the youth reentry project will connect eligible youth with mentors or peer support groups to provide guidance, encouragement, and positive role modeling during the reentry process;
(iii) how the youth reentry project will involve family members, guardians, and other supportive people in an eligible youth’s life in the reentry process;
(iv) how the youth reentry project will provide or support access to counseling and substance use disorder programs for an eligible youth;
(v) how the youth reentry project will assist eligible youth to find safe and stable housing;
(vi) how the youth reentry project will ensure activities carried out under an award described in subsection (b)(1)(B) are designed to meet the needs of the population served; and
(vii) the experience of the eligible entity in providing services to youth, including eligible youth, and the strategies the eligible entity will use to ensure that services provided are age-appropriate for eligible youth.
(B) A description of how a youth project eligible entity plans to provide skills development, for stakeholders involved in an eligible youth’s reentry, on best practices pertaining to eligible youth and reentry.
(1) Required activities
An eligible entity that receives funds under this section shall use such funds to implement a reentry project for eligible adults, eligible youth, or both, that provides each of the following:
(A) One or more of the individualized career services listed in subclauses (I) through (IX) of section 134(c)(2)(B)(vii).
(B) One or more of the training services listed in clauses (i) through (xi) in section 134(c)(3)(D), including subsidized employment opportunities through transitional jobs.
(C) For participants who are eligible youth, 1 or more of the program elements listed in subparagraphs (A) through (O) of section 129(c)(2).
(2) Allowable activities
An eligible entity that receives funds under this section may use such funds to provide to eligible adults, eligible youth, or both, each of the following:
(A) Followup services after placement in unsubsidized employment as described in section 134(c)(2)(B)(viii).
(B) Apprenticeship programs.
(C) Education in digital literacy skills.
(D) Mentoring.
(E) Assistance in obtaining employment, including as a result of the eligible entity—
(i) establishing and developing relationships and networks with large and small employers; and
(ii) coordinating with employers to develop employer-directed skills development programs and on-the-job training.
(F) Assistance with driver’s license reinstatement (including assistance with removing or expunging records as permitted under the applicable Federal or State law to facilitate that reinstatement) and fees for driver’s licenses and other necessary documents for employment and removing barriers to employment.
(G) Provision of or referral to evidence-based mental health treatment by licensed practitioners.
(H) Provision of or referral to substance use disorder treatment services, provided that funds awarded under this section are only used to provide such services to participants who are unable to obtain such services through other programs providing such services.
(I) Provision of or referral to supportive services, provided that, notwithstanding section 181(h)(2), no more than 10 percent of funds awarded to an eligible entity under this section may be used to provide such services to participants who may be able to obtain such services through other programs providing such services.
(3) Administrative cost limit
An eligible entity may not use more than 7 percent of the funds received under this section for administrative costs, including for costs related to collecting information, analysis, and coordination for purposes of subsection (e) or (f).
(4) Matching
An eligible entity shall provide a match, which may be provided in cash or in-kind, for the costs of the project in an amount that is not less than 25 percent of the total amount of funds awarded to the entity under this section for the period involved, except that the Secretary may waive the matching requirement, on a case-by-case basis and for not more than 20 percent of all awards made under this section, if the eligible entity involved demonstrates significant financial hardship.
(A) In general
The Secretary shall establish expected levels of performance for reentry projects funded under this section for—
(i) each of the primary indicators of performance—
(I) for adults, as described in section 116(b)(2)(A)(i), for eligible adults in reentry projects for eligible adults or reentry projects for both eligible adults and eligible youth; and
(II) for youth, as described in section 116(b)(2)(A)(ii), for eligible youth in reentry projects for eligible youth or reentry projects for both eligible adults and eligible youth; and
(ii) an indicator of performance established by the Secretary with respect to participant recidivism.
(B) Updates
The levels established under subparagraph (A) shall be updated for each 4-year-award period.
(2) Agreement on levels of performance
In establishing and updating levels of performance under paragraph (1), the Secretary shall reach agreement on such levels with the eligible entities receiving awards under this section that will be subject to such levels, based on, as the Secretary determines relevant for each indicator of performance applicable under paragraph (1), each of the following factors:
(A) The proposed levels of performance of each such eligible entity described in the application submitted under subsection (c)(2)(H).
(B) The local economic conditions of the geographic area to be served by each such eligible entity, including differences in unemployment rates and job losses or gains in particular industries.
(C) The characteristics of project participants when entering the project involved, including—
(i) criminal records;
(ii) indicators of work history;
(iii) work experience;
(iv) educational or occupational skills attainment;
(v) levels of literacy or English proficiency;
(vi) disability status;
(vii) homelessness; and
(viii) receipt of public assistance.
(3) Failure to meet levels of performance
In the case of an eligible entity that fails to meet the levels of performance established under paragraph (1) and updated to reflect the actual local economic conditions and characteristics of participants (as described in subparagraphs (B) and (C) of paragraph (2)) served by the reentry project involved for any award year, the Secretary shall provide technical assistance to the eligible entity, including the development of a performance improvement plan.
(1) In general
Not later than 5 years after the first award of funds under this section is made, the Secretary (acting through the Chief Evaluation Officer) shall meet each of the following requirements:
(A) Design and conduct of evaluation
Design and conduct an evaluation to evaluate the effectiveness of the reentry projects funded under this section, which meets the requirements of paragraph (2), and includes an evaluation of each of the following:
(i) The effectiveness of such projects in assisting individuals with finding unsubsidized employment, and maintaining unsubsidized employment during the second quarter and fourth quarter after exit from the project.
(ii) The effectiveness of such projects in assisting individuals with earning recognized postsecondary credentials.
(iii) The effectiveness of such projects in relation to their cost, including the extent to which the projects improve reentry outcomes, including in employment, compensation (which may include wages earned and benefits), career advancement, measurable skills gains, and recognized postsecondary credentials earned, and including the extent to which the projects reduce recidivism of participants in comparison to comparably situated individuals who did not participate in such projects.
(iv) The effectiveness of specific services and interventions provided and of the overall project design.
(v) If applicable, the extent to which such projects effectively serve various demographic groups, including people of different geographic locations, ages, races, national origins, and criminal records, and individuals with disabilities.
(vi) If applicable, the appropriateness of the sequencing, combination, or concurrent structure, of services for each subpopulation of individuals who are participants in such projects, such as the order, combination, or concurrent structure of services in which transitional jobs and occupational skills development are provided, to ensure that such participants are prepared to fully benefit from education, employment, and training services provided under the project.
(vii) Limitations or barriers to education and employment encountered by participants served by the projects as a result of occupational or educational licensing restrictions.
(B) Data accessibility
Make available, on the publicly accessible website managed by the Department of Labor, data collected during the course of evaluation under this subsection, in an aggregated format that does not disclose personally identifiable information.
(2) Design requirements
An evaluation under this subsection—
(A) shall—
(i) be designed by the Secretary (acting through the Chief Evaluation Officer) in conjunction with the eligible entities carrying out the reentry projects being evaluated;
(ii) include analysis of participant feedback and outcome and process measures; and
(iii) use designs that employ the most rigorous analytical and statistical methods that are reasonably feasible, such as the use of control groups; and
(B) may not—
(i) collect personally identifiable information, except to the extent such information is necessary to conduct the evaluation; or
(ii) reveal or share personally identifiable information.
(3) Publication and reporting of evaluation findings
The Secretary (acting through the Chief Evaluation Officer) shall—
(A) in accordance with the timeline determined to be appropriate by the Chief Evaluation Officer, publish an interim report on such evaluation;
(B) not later than 90 days after the date on which any evaluation is completed under this subsection, publish and make publicly available the results of such evaluation; and
(C) not later than 60 days after the completion date described in subparagraph (B), submit to the Committee on Education and Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on such evaluation.
(1) Contents
Subject to paragraph (2), the Secretary shall post, using transparent, linked, open, and interoperable data formats, on the publicly accessible website described in subsection (f)(1)(B), an annual report, covering the most recent program preceding the report, on—
(A) the number of individuals who participated in projects assisted under this section during the program year;
(B) the percentage of such individuals who successfully completed the requirements of such projects;
(C) the performance of eligible entities on such projects as measured by the indicators of performance set forth in subsection (e); and
(D) an explanation of any waivers granted by the Secretary of the matching requirement under subsection (d)(4).
(2) Disaggregation
The information provided under subparagraphs (A) through (C) of paragraph (1) with respect to a program year shall be disaggregated by each project assisted under this section for such program year.
(h) Reservation of funds
Of the funds appropriated under section 175(e) for a fiscal year, the Secretary—
(1) may reserve not more than 5 percent for the administration of awards made under this section, of which not more than 2 percent of the appropriated funds may be reserved for the provision of—
(A) technical assistance to eligible entities that receive funds under this section; and
(B) outreach and technical assistance to eligible entities desiring to receive such funds, including assistance with application development and submission; and
(2) shall reserve not less than 1 percent and not more than 2.5 percent for the evaluation activities under subsection (f) or to support eligible entities with any required data collection, analysis, and coordination related to such evaluation activities.
(i) Definitions
In this section:
(1) Award
The term award means an award of funds through a grant, contract, or cooperative agreement.
(2) Chief Evaluation officer
The term Chief Evaluation Officer means the head of the independent evaluation office located in the Office of the Assistant Secretary for Policy of the Department of Labor.
(3) Correctional institution
The term correctional institution has the meaning given the term in section 225(e).
(4) Eligible entity
The term eligible entity means—
(A) a private nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code, including a community-based or faith-based organization;
(B) a local board;
(C) a State or local government;
(D) an Indian or Native American entity eligible for grants under section 166;
(E) a labor organization or joint labor-management organization;
(F) an industry or sector partnership;
(G) an institution of higher education; or
(H) a consortium of the entities described in subparagraphs (A) through (G).
(5) Eligible adult
The term eligible adult means an offender who is age 25 or older.
(6) Eligible youth
The term eligible youth means an offender who is not younger than age 14 or older than age 24.
(7) High-poverty
The term high-poverty, when used with respect to a geographic area, means an area with a poverty rate of at least 20 percent as determined based on the most recently available data from the American Community Survey conducted by the Bureau of the Census.
(8) Offender
Notwithstanding section 3, the term offender means—
(A) an individual of any age who—
(i) not more than 5 years before enrollment in a project funded under subsection (b)(1)—
(I) was released from incarceration in a correctional institution (including being enrolled in a work release center at the institution); or
(II) finished serving an alternative sentence, or a sentence to a diversion program, ordered through the adult criminal justice system; or
(ii) on such date of enrollment, is subject to the adult criminal justice system, including an individual who—
(I) is incarcerated in a correctional institution (including being enrolled in a work release center at the institution), but is scheduled to be released not more than 180 days after such date of enrollment;
(II) is residing in a residential reentry center;
(III) is subject to electronic or home-based monitoring;
(IV) is in the community on probation or parole; or
(V) is serving an alternative sentence, or a sentence to a diversion program, ordered through that system; or
(B) an individual who—
(i) is not younger than age 14 or older than age 24; and
(ii) has been—
(I) charged with, or convicted of, any criminal offense; or
(II) charged with, detained for, or adjudicated of, a delinquent act or status offense in a juvenile court.
(9) Youth project eligible entity
The term youth project eligible entity means—
(A) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code; or
(B) a State or local juvenile justice agency, or a State or local adult correctional agency with a focus on eligible youth.
(2) .
Section 178. Youth apprenticeship readiness grant program
Subtitle D of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221 et seq.) is further amended by inserting after section 172, as added by the preceding section, the following:
(a) Purposes
The purposes of this section are—
(1) to increase earnings and employment for in-school youth and out-of-school youth, ages 16 through 24, through enrollment in and completion of evidence-based pre-apprenticeship programs and apprenticeship programs that serve youth;
(2) to engage educational entities, organizations carrying out programs that serve out-of-school youth, local educational agencies, State boards, local boards, employers, workforce partners (including one-stop partners), and other apprenticeship intermediaries, to establish innovative models for pre-apprenticeship programs and apprenticeship programs that serve youth, including coordinating with programs that offer supportive services that can enable participation in and completion of the program; and
(3) to promote alignment between education and workforce development systems (such as through public-private partnerships) to enable in-school youth and out-of-school youth to participate in postsecondary education and career pathways, including apprenticeships, that result in careers.
(1) In general
From the amounts made available to carry out this section under section 414(c) of the American Competitiveness and Workforce Improvement Act (29 U.S.C. 3224a) and not reserved under paragraph (2), the Secretary shall, on a competitive basis, make grants to eligible entities for projects to develop new or expand existing pre-apprenticeship programs and apprenticeships that serve youth.
(2) Administrative reservation
Of the amounts made available to carry out this section, the Secretary may reserve not more than 5 percent for the administration of grants made under this section, including—
(A) not more than 3 percent for the provision of technical assistance to eligible entities during the application period or the implementation phase of such grant; and
(B) not more than 2 percent for evaluations of employment and earnings outcomes described in clauses (vi), (vii), and (viii) of subsection (e)(2)(B), identifying best practices, and facilitating the sharing of best practices among eligible entities by carrying out the identification and dissemination described in subsection (f)(2).
(3) Grant period
The Secretary shall make such a grant for a period of not more than 4 years and may extend the grant for a period of not more than 2 additional years if the grant recipient is making progress in achieving the objectives of the project’s identified programs.
(4) Priority
In making grants under this section, the Secretary shall give priority to eligible entities that—
(A) serve an area with significant workforce shortages in the industry sector or occupation for which the eligible entity proposes to establish an identified program;
(B) propose to expand or have a demonstrated track record of expanding employment opportunities and career pathways for individuals with a barrier to employment;
(C) propose to primarily serve a population that is located in a rural or urban community and has an area median household income of not more than 150 percent of the poverty line; or
(D) include within the eligible entity a high-need local educational agency or a high-need educational service agency.
(5) Matching requirement for grants
In order to receive a grant from the Secretary under this section, an eligible entity shall provide a non-Federal contribution, which may be provided in cash or in-kind, for the costs of the project in an amount that is not less than 25 percent of the total amount of funds awarded to the entity for such period.
(c) Application
An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require and shall include the following:
(A) A description of the eligible entity’s proposed project, to be supported by such grant, including a provision identifying whether such project will develop or expand 1 or more pre-apprenticeship programs or 1 or more apprenticeship programs that serve youth.
(B) Except in the case of an identified program by an eligible entity described in subsection (i)(5)(A)(i) that is an apprenticeship program that serves youth and requires each enrolled youth apprentice to have a regular high school diploma (or recognized equivalent) as a condition of enrollment, an assurance that each identified program will be designed to enable—
(i) in-school youth to receive a regular high school diploma (in partnership with the local educational agency that serves such youth) and receive a recognized postsecondary credential (other than such a credential that is a baccalaureate degree) upon completion of the program; or
(ii) out-of-school youth to receive a high school diploma or recognized equivalent and receive a recognized postsecondary credential (other than such a credential that is a baccalaureate degree) upon completion of the program.
(2) A description of the eligible entity and a description of how such eligible entity will—
(A) engage with employers to develop or expand, and sustain, each identified program; and
(B) combine academic, career and technical education, or related classroom instruction with on-the-job training, allowing youth to develop industry-specific or occupation-specific workplace competencies and skills.
(3) A description of the need for and design of the project, including—
(A) a description of the specific youth population to be served by the project, including—
(i) the subgroups of participants in the population and skill levels of such participants, and whether such participants are in-school youth or out-of-school youth;
(ii) how the project will increase employment opportunities for youth who are individuals with a barrier to employment and youth from different subgroups of participants; and
(iii) how the eligible entity will ensure that a wide range of youth, including youth who are individuals with a barrier to employment and youth from different subgroups of participants, are able to participate in each identified program;
(B) a description of the industry sector or occupation targeted through the eligible entity’s proposed project, the projected demand for the project in the area served by the eligible entity, and a citation of the data source for the projected demand;
(C) a description of the on-the-job training portion of the project, including a list of the partners responsible for providing the on-the-job training, and how such training will be designed flexibly to meet the needs and schedule of in-school youth and out-of-school youth;
(D) a description of the related classroom instruction portion of the project, including—
(i) how coursework for that instruction will be integrated into each identified program and developed in conjunction with and provided by education and training providers that are or are within the eligible entity, the specific partners that will provide the related classroom instruction, and (as applicable) how the program may be aligned with the programs of early college high schools or dual or concurrent enrollment programs to support youth pre-apprentices or apprentices involved in earning postsecondary credit;
(ii) with respect to an identified project by an eligible entity described in subsection (i)(5)(A)(ii) that is designed to serve in-school youth, a description of how the eligible entity, through the project, will partner with the local educational agency that serves such youth to align challenging State academic standards and occupational skill standards to enable such youth to obtain a regular high school diploma while served by the program; and
(iii) an explanation of how the project will combine academic, career and technical education, or related classroom instruction with on-the-job training;
(E) a description of the proposed supportive services strategy for the youth pre-apprentices or apprentices involved, how the project will partner with or refer youth pre-apprentices or apprentices to entities in the area served by the eligible entity that provide supportive services, how such supportive services will promote retention in and completion of the identified program involved, and the projected Federal, State, and local costs of such supportive services;
(F) if the eligible entity proposes to operate an apprenticeship program that serves youth—
(i) the youth apprenticeship agreement the eligible entity intends to use;
(ii) a description of how such eligible entity will incorporate into the apprenticeship program recognized postsecondary credentials that enable youth apprentices to articulate to employment or higher level degree or other credential programs for multiple pathways, including enrollment in postsecondary education and employment; and
(iii) if the eligible entity proposes to develop a new apprenticeship program that serves youth, a description of how the lead applicant and partners will register such new program with the Office of Apprenticeship or State apprenticeship agency and ensure the employer or sponsor is in compliance with the standards and requirements of a registered apprenticeship under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), and that youth apprentices will earn a recognized postsecondary credential; and
(G) if the eligible entity proposes to operate a pre-apprenticeship program—
(i) a description of how the eligible entity, through the program, will connect participants to and prepare participants for an apprenticeship program; and
(ii) an explanation of how the eligible entity, in carrying out the project involved, will work with alternative and non-traditional schools, institutions of higher education, and out-of-school youth programs.
(4) A description of how the eligible entity will promote alignment between local or State education and workforce development systems by supporting policies or practices that facilitate transitions from secondary school (including alternative and nontraditional schools) and pre-apprenticeship programs to apprenticeship programs and postsecondary education.
(5) A description of expected outcomes and outputs from the project that includes—
(A) an attestation that the eligible entity will report to the Secretary, in a timely and complete manner, the information required under subsection (e); and
(B) estimated levels of performance over each year of the grant period for each of the indicators described in subparagraphs (B) and (C) of subsection (e)(2).
(6) A description of the roles and responsibilities of each entity involved in the project, including any such entity that is a State or local government entity, qualified intermediary, service provider, independent evaluator, or other stakeholder.
(7) An attestation that the eligible entity has, or will attempt to develop, a memorandum of understanding with any relevant State workforce agency to facilitate matches to wage record data for youth pre-apprentices or apprentices to obtain the necessary information to fulfill the requirements of subsection (e)(2).
(8) The total intended budget for the project, including a description of any additional resources that may supplement the amount awarded under this section, including any funds the eligible entity intends to use to fulfill the matching funds requirement described under subsection (b)(5), and a description of the eligible entity’s plan to sustain the project funded through the grant beyond the conclusion of the grant period.
(9) For any program offering a recognized postsecondary credential, a description of how the program leads to the credential.
(1) In general
An eligible entity receiving a grant under this section shall use the grant funds to carry out the project proposed under subsection (c) for purposes of carrying out 1 or more of the following activities:
(A) Develop or expand a pre-apprenticeship program.
(B) Develop or expand an apprenticeship program that serves youth, including registering such a program and its youth apprentices through the Office of Apprenticeship or an applicable State apprenticeship agency.
(2) Additional uses
An eligible entity receiving a grant under this section may use the grant funds, for each identified program, to—
(A) recruit youth to and enroll youth in an identified program, including conducting outreach to individuals with a barrier to employment and individuals preparing for nontraditional employment (when the identified program is in such field);
(B) conduct participant assessments to determine skill levels;
(C) support the provision of on-the-job training for participants in accordance with subsection (c)(3)(C), including by developing or modifying training activities to meet the needs of participants, as applicable;
(D) support the provision of related classroom instruction by education and training providers for participants in accordance with subsection (c)(3)(D), including—
(i) the development of courses at the secondary level—
(I) that are aligned with requirements to obtain a regular high school diploma and integrated into the identified program; and
(II) that may be aligned with the requirements of early college high schools or dual or concurrent enrollment programs to support youth pre-apprentices or youth apprentices involved in earning postsecondary credit;
(ii) if the identified program is designed to serve in-school youth, the alignment of challenging State academic standards and occupational skill standards in secondary education;
(iii) payment of participant tuition or other educational fees for projects; and
(iv) the provision of instructional materials, equipment, and educational technology for such instruction;
(E) provide supportive services such as transportation, child care, dependent care, housing, and needs-related payments to enable youth to participate in and complete the education and training activities of the identified program;
(F) provide professional development opportunities for secondary and postsecondary educators, and employers and mentors in the project, to prepare the educators, employers, and mentors to effectively support youth participating in the identified program;
(G) increase awareness among parents, educators, students (especially individuals with a barrier to employment, individuals from underserved populations, and individuals from nontraditional apprenticeship populations), and employers or apprenticeship sponsors in the targeted service area about the benefits of youth participating in a pre-apprenticeship program or an apprenticeship program that serves youth;
(H) promote innovation, inclusion in the identified program, and alignment of the program with programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.); and
(I) develop and integrate data collection systems, including within a statewide longitudinal data system, to track educational and employment outcomes of participants in the identified program.
(3) Supportive services
An eligible entity receiving a grant under this section may use, as provided in paragraph (2)(E), not more than 15 percent of grant funds awarded under this section to provide supportive services in accordance with that paragraph.
(A) In general
An eligible entity receiving a grant under this section shall, in accordance with the indicators for participant outcomes described in paragraph (2)(B) and for program outputs described in paragraph (2)(C), identify targeted levels of performance for such indicators, which shall, at minimum, be equal to or greater than the estimated levels of performance identified by the eligible entity in the entity’s application under subsection (c)(5).
(B) Agreement on targeted levels of performance
Not later than 2 months after the identification described in subparagraph (A), the eligible entity shall reach an agreement with the Secretary on levels of performance for each indicator described in subparagraphs (B) and (C) of paragraph (2).
(A) In general
Not later than 2 years after receipt of a grant under this section and annually thereafter, the eligible entity shall prepare and submit to the Secretary a report evaluating the performance and impact of the project funded through the grant with respect to participant outcome and program output indicators described in subparagraphs (B) and (C), disaggregated by the subgroups of participants subject to paragraph (3).
(B) Participant outcomes
Consistent with subparagraph (A), an eligible entity receiving a grant under this section shall report to the Secretary data, for each identified program carried out by the eligible entity, on participant outcome indicators for each such program consisting of the—
(i) total participants served and enrolled in any identified program, disaggregated by youth pre-apprentices and apprentices;
(ii) retention rate during each fiscal year of participants enrolled in any identified program in the project that have not completed such program, compared to that retention rate for the previous fiscal year, disaggregated by youth pre-apprentices and apprentices;
(iii) total participants who attain a regular high school diploma or recognized equivalent, disaggregated by youth pre-apprentices and apprentices;
(iv) total participants who complete such an identified program;
(v) total participants who receive an associate or baccalaureate degree or other type of recognized postsecondary credential during or upon completion of the identified program;
(vi) median hourly wage of youth pre-apprentices (as applicable) or youth apprentices on the date of exit from the identified program and during the second and fourth quarters after exit from the program, and a comparison of such wage to the local median hourly wage for the industry sector or occupation for which the identified program is targeted;
(vii) total participants in employment during the second and fourth quarter after exit from the program; and
(viii) total participants who complete a pre-apprenticeship program, disaggregated by the type of education, skills development, and apprenticeship opportunities or employment pursued by such youth pre-apprentices after such completion.
(C) Program outputs
Consistent with subparagraph (A), an eligible entity receiving a grant under this section shall report to the Secretary data on program output indicators consisting of the—
(i) total number of all identified programs developed or expanded during the period covered by the report, disaggregated by pre-apprenticeship programs and apprenticeship programs that serve youth;
(ii) total number of apprenticeships that serve youth, if applicable, that were developed or expanded during that period, including an apprenticeship program expanded as described in subsection (d)(1) to new industry sectors, occupations, or service areas;
(iii) total number of employers who became engaged in an identified program during that period, as a direct result of a grant under this section; and
(iv) for each year of the period covered by the report, the total share of the grant received under this section spent by the eligible entity on the uses of funds described under subparagraphs (C) and (D) of subsection (d)(2).
(3) Disaggregation
The disaggregation of data under paragraph (2) shall not be required in a case where the number of participants in the subgroup of participants is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual participant.
(i) Annual evaluation
Not later than 2 years after the date of enactment of the A Stronger Workforce for America Act of 2026 and annually thereafter, the Secretary shall evaluate whether each eligible entity involved met the agreed levels of performance described in paragraph (1)(B) for each of the eligible entity’s identified programs.
(ii) End of program evaluation
Not later than 30 days after each cohort of participants completes an eligible entity’s identified program, the Secretary shall evaluate whether the eligible entity met the agreed levels of performance for that identified program.
(B) Technical assistance
If the Secretary determines under subparagraph (A) that an eligible entity fails to meet 1 or more of the agreed levels of performance for an identified program, the Secretary shall provide technical assistance, including assistance in the development of a performance improvement plan.
(C) Nonrenewal of grant
If the Secretary determines, 1 year after the eligible entity receives that technical assistance and implements that plan, that the eligible entity fails to meet the agreed levels of performance described in paragraph (1)(B) for an identified program, the Secretary shall not extend a grant for that eligible entity for that program under subsection (b).
(1) Report to Congress
Not later than 24 months after the date of enactment of the A Stronger Workforce for America Act of 2026 and annually thereafter, the Secretary, in coordination with the Secretary of Education, using data reported by eligible entities pursuant to the requirements under subsection (e)—
(A) shall publish the data;
(B) shall prepare and make publicly available a report containing the data on the indicators described in subparagraphs (B) and (C) of subsection (e)(2); and
(C) shall submit the report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Workforce of the House of Representatives.
(2) Sharing of best practices
Not later than 2 years after the date of enactment of the A Stronger Workforce for America Act of 2026, the Secretary shall use funds reserved under subsection (b)(2)(C) to identify and disseminate, through a website developed by the Department of Labor, best practices in developing and expanding pre-apprenticeship opportunities or apprenticeship opportunities for youth used by—
(A) eligible entities receiving a grant under this section; and
(B) States and local areas adopting innovative and effective practices to develop and expand such opportunities.
(1) Collective bargaining
Nothing in a youth apprenticeship agreement under this section shall be construed to invalidate an applicable provision in a collective bargaining agreement, between employers and employees, that establishes higher standards for programs in the national apprenticeship system.
(A) In general
An eligible entity carrying out a project under this section shall ensure compliance with the provisions on child labor under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and State law (including Federal and State regulations under those laws), and with State workers’ compensation laws.
(B) Minimum legal age
The eligible entity shall only serve in-school youth, and out-of-school youth, who are not younger than the minimum legal age to be employed as apprentices under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and any applicable State laws.
(C) Pre-apprenticeship exception
An eligible entity that prepares or intends to prepare individuals for a covered occupation may submit an application under subsection (c) to develop or expand a pre-apprenticeship program that serves a youth who is younger than the age of 18 only if the program is limited to classroom instruction in the covered occupation.
(1) Pre-apprenticeships in covered occupations for youth under the age of 18
A pre-apprenticeship program supported using funds awarded under this section that serves or intends to serve a youth who is younger than the age of 18 and prepares such youth for a covered occupation may only provide classroom instruction to such youth in such program and may not provide on-the-job training in a covered occupation to such youth in such program.
(2) Prohibition on youth apprenticeships in covered occupations for youth under the age of 18
An apprenticeship program that serves youth that is supported using funds awarded under this section and that prepares a youth apprentice for a covered occupation may not enroll in such program a youth who is younger than the age of 18.
(3) Apprenticeships for youth under the age of 18
An apprenticeship program supported using funds awarded under this section may serve youth who are not younger than age 16 or older than age 17, provided that such program is not preparing such youth for a covered occupation.
(i) Definitions
In this section:
(1) Apprenticeship program that serves youth
The term apprenticeship program that serves youth means a registered apprenticeship program registered by the Office of Apprenticeship or a State apprenticeship agency under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), that is designed for youth not younger than age 16 or older than age 24.
(2) Covered occupation
The term covered occupation means an occupation in—
(A) manufacturing;
(B) construction;
(C) mining;
(D) trenching or excavation;
(E) logging or an occupation related to timber;
(F) work involving a saw mill;
(G) work involving the operation of heavy machinery;
(H) work involving exposure to radioactive substances or to ionizing radiations;
(I) meat processing;
(J) demolition;
(K) explosives; or
(L) work in any industry sector or occupation that is prohibited to a youth who is younger than the age of 18 under the laws or policies of the State where the work occurs.
(3) CTE terms
The terms Tribally controlled college or university and Tribally controlled postsecondary career and technical institution have the meanings given the terms tribally controlled college or university and tribally controlled postsecondary career and technical institution, respectively, in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(4) Education and training provider
The term education and training provider means—
(A) an area career and technical education school;
(B) an early college high school;
(C) a provider of a dual or concurrent enrollment program;
(D) a community-based organization that offers job training;
(E) a high school operated by a local educational agency;
(F) a local educational agency, educational service agency, or State educational agency;
(G) a Tribal education agency (meaning such an agency within the meaning of section 3(20)(E) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(20)(E))), Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution;
(H) the Bureau of Indian Education;
(I) an institution of higher education;
(J) a State entity that coordinates higher education, such as a community college system office, a single State educational board, or State higher education agency (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003));
(K) a historically Black college or university, meaning a part B institution as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061);
(L) a minority-serving institution;
(M) a local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741);
(N) a related integrated instruction provider, including a qualified intermediary acting as a related integrated instruction provider as approved by the Office of Apprenticeship or a State apprenticeship agency recognized by the Secretary;
(O) a consortium of entities described in any of subparagraphs (A) through (N); or
(P) as used with respect to an eligible entity described in paragraph (5)(A)(i), the joint labor-management organization that is such eligible entity.
(A) In general
The term eligible entity means—
(i) a joint labor-management organization; or
(ii) a partnership that—
(I) shall include as the lead applicant 1 entity that is—
(aa) an education and training provider;
(bb) a workforce development system entity;
(cc) a qualified intermediary;
(dd) a State agency of the State in which the partnership is located; or
(ee) a joint labor-management organization;
(II) shall include as a partner—
(aa) at least 1 employer or an industry or trade association that represents at least 2 employers;
(bb) an education and training provider;
(cc) the State apprenticeship agency;
(dd) a local board or the State board;
(ee) a local educational agency, if the partnership is serving in-school youth; or
(ff) a qualified intermediary; and
(III) may include as an additional partner—
(aa) the State educational agency;
(bb) an institution of higher education;
(cc) an Indian Tribe;
(dd) the State entity that coordinates higher education, such as a community college system office, a single State educational board, or State higher education agency (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003));
(ee) a community-based organization that offers job training; or
(ff) a joint labor-management organization.
(B) Rule of construction
For purposes of this section, a reference to a lead applicant, partner, or partnership between a lead applicant and partners, with respect to an eligible entity described in subparagraph (A)(i), shall be deemed to be a reference to the eligible entity.
(6) ESEA terms
The terms dual or concurrent enrollment program, early college high school, educational service agency, and high school have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(7) Grant
The term grant means a contract, cooperative agreement, or award.
(8) High-need educational service agency
The term high-need educational service agency means an educational service agency that serves a significant number or percentage of high-need local educational agencies.
(9) High-need local educational agency
The term high-need local educational agency has the meaning given the term in section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021).
(10) Identified program
The term identified program means a pre-apprenticeship program, or youth program that serves youth, that is proposed to be carried out by an eligible entity in an application approved under subsection (c) for a project.
(11) Minority-serving institution
The term minority-serving institution means an institution defined in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(12) National apprenticeship system
The term national apprenticeship system means the apprenticeship programs, apprenticeship programs that serve youth, and pre-apprenticeship programs that are approved by the Office of Apprenticeship or State apprenticeship agencies.
(13) Pre-apprenticeship program
The term pre-apprenticeship program means a program that—
(A) prepares youth to enroll in and complete an apprenticeship program;
(B) maintains a written partnership with an apprenticeship program; and
(C) in the case of a program with respect to a covered occupation, is provided only through classroom instruction for any youth pre-apprentice who is younger than the age of 18.
(14) Qualified intermediary
The term qualified intermediary —
(A) means a nonprofit entity operating in a State or local area that demonstrates expertise and experience in serving participants, employers, and schools by—
(i) building, sustaining, measuring, and improving the quality and performance of apprenticeship programs that serve youth;
(ii) assisting in the design, approval, registration, and implementation of apprenticeship programs that serve youth, including program development and meeting program requirements, including registration and reporting requirements;
(iii) in collaboration with 1 or more State educational agencies, local educational agencies, or institutions of higher education included in the eligible entity involved, providing collaborative professional development activities such as training for workplace supervisors, mentors, counselors, and teachers, instructors, and other educators;
(iv) supporting the recruitment for, retention in, and completion of apprenticeship programs that serve youth with respect to potential or enrolled youth apprentices, including youth apprentices who are from low-income backgrounds or members of nontraditional apprenticeship populations;
(v) developing and providing supportive services including by partnering with organizations to provide access to or referrals for supportive services, financial literacy services, and other support based upon needs of potential or enrolled youth apprentices; or
(vi) serving as a program sponsor; and
(B) may consist of—
(i) a joint labor-management organization;
(ii) a community-based organization; or
(iii) an industry association.
(15) State
The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and an outlying area.
(16) State agency
The term State agency means a State educational agency, State workforce agency, or State apprenticeship agency.
(17) State apprenticeship agency
The term State apprenticeship agency means an agency of a State government that has been authorized by the Office of Apprenticeship to register and oversee apprenticeship programs and has the responsibility and accountability for apprenticeship programs within the State.
(18) Subgroup of participants
The term subgroup of participants means—
(A) in-school youth;
(B) out-of-school youth; and
(C) each of the special populations, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(19) Workforce development system entity
The term workforce development system entity means an entity that is involved in administering a workforce development system established under this Act, which shall be a State board, a local board, or an Indian Tribe, Tribal organization, or Native Hawaiian organization, as defined in section 166(b).
(20) Youth
The term youth means an individual who is not younger than age 16 or older than age 24.
(21) Youth apprentice
The term youth, used with respect to an apprentice, means a youth who is participating in an apprenticeship program that serves youth.
(22) Youth apprenticeship agreement
The term youth apprenticeship agreement means a written agreement under subsection (c)(3)(F) that is agreed to by each of the following:
(A) A youth.
(B) The youth’s parent or legal guardian, as applicable.
(C) One or more local educational agencies, if the eligible entity involved is serving in-school youth.
(D) The youth apprenticeship sponsor, which may be an employer.
(E) As applicable, a qualified intermediary for an apprenticeship program that serves youth.
(F) As applicable, one or more institutions of higher education.
(G) As applicable, one or more employers.
(23) Youth pre-apprentice
The term youth, used with respect to a pre-apprentice, means a youth who is participating in a pre-apprenticeship program.
Section 178. Youth apprenticeship readiness grant program
.
Section 179. Strengthening community colleges grant program
Subtitle D of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221 et seq.) is further amended by inserting after section 173, as added by the preceding section, the following:
(a) Purposes
The purposes of this section are—
(1) to establish, improve, or expand high-quality workforce development programs at community colleges; and
(2) to expand opportunities for individuals to obtain recognized postsecondary credentials that are nationally or regionally portable and stackable for high-skill, high-wage, or in-demand industry sectors or occupations.
(1) In general
From the amounts appropriated to carry out this section under section 175(f) and not reserved under paragraph (2), the Secretary shall, on a competitive basis, make grants to eligible institutions to carry out the activities described in subsection (e).
(2) Reservation
Of the amounts appropriated to carry out this section under section 175(f), the Secretary may reserve not more than 2 percent for the administration of grants awarded under this section, including—
(A) providing technical assistance and targeted outreach to support eligible institutions serving a high number or high percentage of low-income individuals or individuals with barriers to employment, and rural-serving eligible institutions, to provide guidance and assistance in the process of applying for grants under this section; and
(B) evaluating and reporting on the performance and impact of programs funded under this section in accordance with subsections (f) through (h).
(1) Initial grant period
Each grant under this section shall be awarded for an initial period of not more than 4 years.
(2) Subsequent grants
An eligible institution that receives an initial grant under this section may receive one or more additional grants under this section for additional periods of not more than 4 years each if the eligible institution demonstrates that, during the most recently completed grant period for a grant received under this section, such eligible institution achieved the levels of performance agreed to by the eligible institution with respect to the performance indicators specified in subsection (f).
(1) In general
To be eligible to receive a grant under this section, an eligible institution shall submit an application to the Secretary at such time and in such manner as the Secretary may require.
(2) Contents
An application submitted by an eligible institution under paragraph (1) shall include a description of each the following:
(A) The extent to which the eligible institution has demonstrated success building partnerships with employers in in-demand industry sectors or occupations to provide students with the skills needed for occupations in such industries and an explanation of the results of any such partnerships.
(B) The methods and strategies the eligible institution will use to engage with employers in in-demand industry sectors or occupations, including any arrangements to place individuals who complete the workforce development programs supported by the grant into employment with such employers.
(C) The proposed eligible institution and industry partnership that the eligible institution will establish or maintain to comply with subsection (e)(1), including—
(i) the roles and responsibilities of each employer, organization, agency, or institution of higher education that the eligible institution will partner with to carry out the activities under this section; and
(ii) the needs that will be addressed by such eligible institution and industry partnership.
(D) One or more industries that such partnership will target and real-time labor market data demonstrating that those industries are aligned with employer demand in the geographic area to be served by the eligible institution.
(E) The extent to which the eligible institution can—
(i) leverage additional resources to support the programs to be funded with the grant, which shall include written commitments of any leveraged or matching funds for the proposed programs; and
(ii) demonstrate the future sustainability of each such program.
(F) The steps the institution will take to ensure the high quality of each program to be funded with the grant, including the career pathways within such programs.
(G) The population and geographic area to be served by the eligible institution, including the number of individuals the eligible institution intends to serve during the grant period.
(H) The workforce development programs to be supported by the grant.
(I) The recognized postsecondary credentials that are expected to be earned by participants in such workforce development programs and the related high-skill, high-wage, or in-demand industry sectors or occupations for which such programs will prepare participants.
(J) The evidence upon which the education and skills development strategies to be used in such workforce development programs are based and an explanation of how such evidence influenced the design of the programs to improve education and employment outcomes.
(K) How activities of the eligible institution are expected to align with the workforce strategies identified in—
(i) any State plan or local plan submitted under this Act by the State, outlying area, or locality in which the eligible institution is expected to operate;
(ii) any State plan submitted under section 122 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342) by such State or outlying area; and
(iii) any economic development plan of the chief executive of such State or outlying area.
(L) The goals of the eligible institution with respect to—
(i) capacity building (as described in subsection (f)(1)(B)); and
(ii) the expected performance of individuals participating in the programs to be offered by the eligible institution, including with respect to any performance indicators applicable under section 116 or subsection (f) of this section.
(3) Consideration of previous experience
The Secretary may not disqualify an eligible institution from receiving a grant under this section solely because such institution lacks previous experience in building partnerships, as described in paragraph (2)(A).
(4) Priority
In awarding grants under this section, the Secretary shall give priority to eligible institutions that—
(A) will use the grant to serve—
(i) individuals with barriers to employment; or
(ii) incumbent workers who need to gain or improve foundational skills to enhance their employability;
(B) use competency-based assessments, such as the competency-based assessment identified by the State in which the eligible institution is located under section 134(a)(2)(B)(vii), to award academic credit for prior learning for programs supported by the grant; or
(C) have, or will seek to have, the career education programs supported by the grant included on the list of eligible providers of training services under section 122 for the State in which the eligible institution is located.
(1) Eligible institution and industry partnership
For the purpose of carrying out the activities specified in paragraphs (2) and (3), an eligible institution that receives a grant under this section shall establish a partnership (or continue an existing partnership) with one or more employers in an in-demand industry sector or occupation (in this section referred to as an eligible institution and industry partnership) and shall maintain such partnership for the duration of the grant period. The eligible institution shall ensure that the partnership—
(A) targets one or more specific high-skill, high-wage, or in-demand industries;
(B) includes collaboration with the workforce development system;
(C) serves adult and dislocated workers, incumbent workers, and new entrants to the workforce;
(D) uses an evidence-based program design that is appropriate for the activities carried out by the partnership;
(E) incorporates work-based learning opportunities; and
(F) incorporates, to the extent appropriate, virtual service delivery to facilitate technology-enabled learning.
(2) Required activities
An eligible institution that receives a grant under this section shall, in consultation with the employers in the eligible institution and industry partnership described in paragraph (1)—
(A) establish, improve, or expand high-quality, evidence-based workforce development programs, career pathway programs, or work-based learning programs (including apprenticeship programs or preapprenticeships);
(B) provide career services to individuals participating in the programs funded with the grant to facilitate retention and program completion, which may include—
(i) career navigation, coaching, mentorship, and case management services, including providing information and outreach to individuals with barriers to employment to encourage such individuals to participate in programs funded with the grant; and
(ii) providing access to course materials, technological devices, required equipment, and other supports necessary for participation in and successful completion of such programs; and
(C) make available, in a format that is open, searchable, and easily comparable, information on—
(i) curricula and recognized postsecondary credentials offered through programs funded with the grant, including any curricula or credentials created or further developed using such grant, which for each recognized postsecondary credential, shall include—
(I) the issuing entity of such credential;
(II) any third-party endorsements of such credential;
(III) the occupations for which the credential prepares individuals;
(IV) the skills and competencies necessary to achieve to earn such credential;
(V) the level of mastery of such skills and competencies (including how mastery is assessed); and
(VI) any transfer value or stackability of the credential;
(ii) any skills or competencies developed by individuals who participate in such programs beyond the skills and competencies identified as part of the recognized postsecondary credential awarded; and
(iii) related employment and earnings outcomes on the primary indicators of performance described in subclauses (I) through (III) of section 116(b)(2)(A)(i).
(3) Additional activities
In addition to the activities required under paragraph (2), an eligible institution that receives a grant under this section shall, in consultation with the employers in the eligible institution and industry partnership described in paragraph (1), carry out one or more of the following activities:
(A) Establish, improve, or expand—
(i) articulation agreements (as defined in section 486A(a) of the Higher Education Act of 1965 (20 U.S.C. 1093a(a)));
(ii) credit transfer agreements;
(iii) corequisite remediation programs that enable a student to receive remedial education services while enrolled in a postsecondary course rather than requiring the student to receive remedial education before enrolling in such a course;
(iv) dual or concurrent enrollment programs;
(v) competency-based education and assessment; or
(vi) policies and processes to award academic credit for prior learning or for the programs described in paragraph (2)(A).
(B) Establish or implement plans for providers of the programs described in paragraph (2)(A) to meet the criteria and carry out the procedures necessary to be included on the list of eligible providers of training services described in section 122(d).
(C) Purchase, lease, or refurbish specialized equipment as necessary to carry out such programs, provided that not more than 15 percent of the funds awarded to the eligible institution under this section may be used for activities described in this subparagraph.
(D) Reduce or eliminate unmet financial need relating to the cost of attendance (as defined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll)) of participants in such programs.
(4) Administrative cost limit
An eligible institution may use not more than 7 percent of the funds awarded under this section for administrative costs, including costs related to collecting information, analysis, and coordination for purposes of subsection (f).
(1) In general
The Secretary shall develop and implement guidance that establishes the levels of performance that are expected to be achieved by each eligible institution receiving a grant under this section. Such levels of performance shall be established on the following indicators:
(A) Each of the primary indicators of performance for adults described in section 116(b)(2)(A)(i), which shall be applied for all individuals who participated in a program that received funding from a grant under this section.
(B) The extent to which the eligible institution built capacity by—
(i) increasing the breadth and depth of employer engagement and investment in workforce development programs in the in-demand industry sectors and occupations targeted by the eligible institution and industry partnership established or maintained by the eligible institution under subsection (e)(1);
(ii) designing or implementing new and accelerated instructional techniques or technologies, including the use of advanced online and technology-enabled learning (such as immersive technology); and
(iii) increasing program and policy alignment across systems and decreasing duplicative services or service gaps.
(C) With respect to individuals who participated in a workforce development program funded with the grant—
(i) the percentage of participants who successfully completed the program; and
(ii) of the participants who were incumbent workers at the time of enrollment in the program, the percentage who advanced into higher level positions during or after completing the program.
(A) Consideration
In developing levels of performance in accordance with paragraph (1), the Secretary shall take into consideration the goals of the eligible institution pursuant to subsection (d)(2)(L).
(B) Determination
After completing the consideration required under subparagraph (A), the Secretary shall separately determine the levels of performance that will apply to each eligible institution, taking into account—
(i) the expected levels of performance of each eligible institution with respect to the goals described by the eligible institution pursuant to subsection (d)(2)(L); and
(ii) local economic conditions in the geographic area to be served by the eligible institution, including differences in unemployment rates and job losses or gains in particular industries.
(i) Notice
The Secretary shall provide each eligible institution with a written notification that sets forth the levels of performance that will apply to the eligible institution, as determined under subparagraph (B).
(ii) Acknowledgment
After receiving the notification described in clause (i), each eligible institution shall submit to the Secretary written confirmation that the eligible institution—
(I) received the notification; and
(II) agrees to be evaluated in accordance with the levels of performance determined by the Secretary.
(3) Performance reviews
On an annual basis during each year of the grant period, the Secretary shall evaluate the performance during such year of each eligible institution receiving a grant under this section in a manner consistent with the levels of performance determined for such institution pursuant to paragraph (2).
(4) Failure to meet levels of performance
After conducting an evaluation under paragraph (3), if the Secretary determines that an eligible institution did not achieve the levels of performance applicable to the eligible institution under paragraph (2), the Secretary shall—
(A) provide technical assistance to the eligible institution; and
(B) develop a performance improvement plan for the eligible institution.
(1) In general
Not later than 4 years after the date on which the first grant is made under this section, the Secretary shall design and conduct an evaluation to determine the overall effectiveness of the eligible institutions receiving a grant under this section.
(2) Elements
The evaluation of the effectiveness of eligible institutions conducted under paragraph (1) shall include an assessment of the general effectiveness of programs and activities supported by the grants awarded to such eligible institutions under this section, including the extent to which the programs and activities—
(A) developed new, or expanded existing, successful industry sector strategies, including the extent to which such eligible institutions deepened employer engagement and developed workforce development programs that met industry skill needs;
(B) created, expanded, or enhanced career pathways, including the extent to which the eligible institutions developed or improved competency-based education and assessment, credit for prior learning, modularized and self-paced curricula, integrated education and workforce development, dual enrollment in secondary and postsecondary career pathways, stacked and latticed credentials, and online and distance learning;
(C) created alignment between eligible institutions and the workforce development system;
(D) assisted individuals with finding, retaining, or advancing in employment;
(E) assisted individuals with earning recognized postsecondary credentials; and
(F) provided equal access to various demographic groups, including people of different geographic locations, ages, races, national origins, and sexes.
(3) Design requirements
The evaluation under this subsection shall—
(A) be designed by the Secretary (acting through the Chief Evaluation Officer) in conjunction with the eligible institutions being evaluated;
(B) include analysis of program participant feedback and outcome and process measures; and
(C) use designs that employ the most rigorous analytical and statistical methods that are reasonably feasible, such as the use of control groups.
(4) Data accessibility
The Secretary shall make available on a publicly accessible website of the Department of Labor any data collected as part of the evaluation under this subsection. Such data shall be made available in an aggregated format that does not reveal personally identifiable information and that ensures compliance with relevant Federal laws, including section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 1232g).
(5) Publication and reporting of evaluation findings
The Secretary (acting through the Chief Evaluation Officer) shall—
(A) in accordance with the timeline determined to be appropriate by the Chief Evaluation Officer, publish an interim report on the preliminary results of the evaluation conducted under this subsection;
(B) not later than 60 days after the date on which the evaluation is completed under this subsection, submit to the Committee on Education and Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on such evaluation; and
(C) not later than 90 days after such completion date, publish and make the results of such evaluation available on a publicly accessible website of the Department of Labor.
(h) Annual reports
The Secretary shall make available on a publicly accessible website of the Department of Labor, in transparent, linked, open, and interoperable data formats, the following information:
(1) The performance of eligible institutions on the capacity-building performance indicator set forth under subsection (f)(1)(B).
(2) The performance of eligible institutions on the workforce development participant outcome performance indicators set forth under subsection (f)(1)(C).
(3) The number of individuals enrolled in workforce development programs funded with a grant under this section.
(i) Definitions
In this section:
(1) Chief evaluation officer
The term Chief Evaluation Officer means the head of the independent evaluation office located in the Office of the Assistant Secretary for Policy of the Department of Labor.
(2) Community college
The term community college means—
(A) a public institution of higher education (as defined in section 101(a) of the Higher Education Act (20 U.S.C. 1001(a)), at which—
(i) the highest degree awarded is an associate degree; or
(ii) an associate degree is the most frequently awarded degree;
(B) a branch campus of a 4-year public institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), if, at such branch campus—
(i) the highest degree awarded is an associate degree; or
(ii) an associate degree is the most frequently awarded degree;
(C) a 2-year Tribal College or University (as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3))); or
(D) a degree-granting Tribal College or University (as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3))) at which—
(i) the highest degree awarded is an associate degree; or
(ii) an associate degree is the most frequently awarded degree.
(3) Eligible institution
The term eligible institution means—
(A) a community college;
(B) a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))); or
(C) a consortium of such colleges or institutions.
(j) Supplement not supplant
Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local public funds made available for carrying out the activities described in this section.
Section 179. Strengthening community colleges grant program
.
(a) Labor standards
Section 181(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3241(b)) is amended by adding at the end the following:
(8) Child labor
Individuals in on-the-job training or individuals employed in programs and activities under this title shall be employed in accordance with the provisions on child labor under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and applicable State law.
(9) Consultation
If an employer provides on-the-job training, incumbent worker training, or employer-directed skills development with funds made available under this title directly to employees of such employer that are subject to a collective bargaining agreement with the employer, the employer shall consult with the labor organization that represents such employees on the planning and design of such training or development.
(a) Labor standards
.
(b) Remedies
Section 181(c)(3)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3241(c)(3)(B)) is amended by inserting for a period of not less than 2 years before the semicolon at the end.
(c) Relocation
Section 181(d)(2) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3241(d)(2)) is amended by striking incumbent worker training, and inserting incumbent worker training, employer-directed skills development,.
(d) Supportive services
Section 181 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3241) is amended by adding at the end the following:
(h) Supportive services
Except as provided in section 134(d)(2), funds provided under this title may only be used to provide supportive services to individuals who—
(1) are participating in activities under programs authorized under this title;
(2) are unable to obtain the supportive services through programs listed in section 121(b)(2); and
(3) require supportive services to enable participation in activities under programs authorized under this title.
(d) Supportive services
.
Section 192. Monitoring
Section 183 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3243) is amended by striking recipients each place it appears and inserting recipients and subrecipients.
Section 193. Fiscal controls; sanctions
Section 184(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3244(b)) is amended—
(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (3), (5), and (6), respectively;
(2) by inserting before paragraph (3), as so redesignated, the following:
(1) In general
For the purposes of this title, a substantial violation shall—
(A) be determined in accordance with the procedures established by the Governor as described in paragraph (2); and
(B) include any willful violation of the requirements under subsections (a) or (b) of section 181 for which there has been a final determination of the violation without any remaining right to appeal.
(2) Procedures
The Governor shall establish procedures to be used by local areas and, in the case of funds described in section 128(a) or pertaining to the enforcement provisions under section 122(g), by any other individual or entity specified by the Governor to determine if a substantial violation of this title has occurred.
(2) ;
(3) in paragraph (3), as so redesignated—
(A) in subparagraph (A), by striking; or and inserting a semicolon;
(B) in subparagraph (B)(v), by striking the period at the end and inserting; or; and
(C) by adding at the end the following:
(C) reduce any local allotment under section 128(b) or 133(b) to the local area involved by not more than 5 percent for the fiscal year after the fiscal year in which the substantial violation, for which corrective action was not taken, occurred.
(C) ;
(4) by inserting after paragraph (3), as so redesignated, the following:
(4) Reallocation of reductions
Any amount that was reduced from an allotment to a local area in accordance with paragraph (3)(C) shall be reallocated by the Governor to the other local areas within the State that are not subject to an action described in paragraph (3) in a manner determined by the Governor, which may take into consideration whether such other local area is serving a significant number of individuals with barriers to employment.
(4) ;
(5) in paragraph (5), as so redesignated, by striking (A) and (B) and inserting (A), (B), and (C); and
(6) in paragraph (6), as so redesignated, by striking paragraph (1) and inserting paragraph (2)
Section 194. Administrative adjudication
Section 186(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3246(a)) is amended by striking 184 and inserting 181 or 184.
Section 195. Judicial review
Section 187(a)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3247(a)(1)) is amended by striking 184 and inserting 181 or 184.
Section 196. General waivers of statutory or regulatory requirements
Section 189(i)(3) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3249(i)(3)) is amended—
(1) in subparagraph (A)(i) by striking procedures for review and approval of plans and inserting the procedures for review and approval of plans, the performance reports described in section 116(d), and the requirement described in section 134(c)(1)(B); and
(2) by adding at the end the following:
(E) Model template
Not later than one year after the date of enactment of the A Stronger Workforce for America Act of 2026, the Secretary shall issue guidance and provide model templates to States to assist States in requesting common waivers of statutory or regulatory requirements under this subsection.
(2) .
Section 197. Make America Skilled Again grants
Section 190 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3250) is amended to read as follows:
(a) Purpose
The purpose of this section is to—
(1) authorize States to apply under this section on behalf of the State as a whole, or on behalf of a local area or a consortium of local areas in the State, to receive the allotments or allocations of the State or the local areas, respectively, for youth workforce investment activities under chapter 2 of subtitle B and adult and dislocated worker employment and training activities under chapter 3 of subtitle B as a consolidated grant for 5 years for the purpose of carrying out a pilot project to pursue innovative reforms to achieve better outcomes for jobseekers, workers, employers, and taxpayers; and
(2) require that rigorous evaluations be conducted to demonstrate if better outcomes and opportunities to achieve economic self-sufficiency for participants, including participants receiving a priority for services under this section, and associated innovative reforms to improve service delivery were achieved as a result of such pilot projects.
(1) In general
A pilot project approved under this section for a State, local area, or consortium—
(A) shall be carried out for a 5-year pilot project period; and
(B) may be renewed for an additional 4-year pilot project period, if the State, local area, or consortium—
(i) for each of the final 3 years of the preceding 5-year pilot project period, meets its expected levels of performance established under subsection (f)(1)(C); and
(ii) for the final year of the preceding 5-year pilot project period, achieves a performance improvement of not less than an average of a 5-percent increase across all of the indicators of performance described in clauses (i) and (ii) of subsection (f)(1)(A), compared with—
(I) the highest level of performance for the corresponding indicators of performance, as described in subsection (f)(1)(B)(i) with respect to such State, for the most recent program year that ended prior to the beginning of the first year of the preceding 5-year pilot project period; or
(II) the alternate baseline level of performance for the corresponding indicators of performance that is agreed upon between the State and the Secretary under subsection (f)(1)(B)(ii).
(A) Pilot period limitations
For each pilot period (including renewals of such period) the Secretary may not approve—
(i) more than 10 pilot projects for States to carry out a pilot project described in subsection (b)(1)(B)(i), except as provided in subparagraph (C); and
(ii) more than 8 pilot projects for local areas (or consortia of local areas) to carry out a pilot project described in clause (ii) or (iii) of subsection (b)(1)(B).
(B) State limitations
Not more than 1 pilot project may be approved under this section per State. For purposes of this subparagraph, a pilot project described in clause (ii) or (iii) of subsection (b)(1)(B) approved for a local area or a consortium of local areas, respectively, in a State shall be considered a pilot project approved under this section for the State.
(C) Subsequent approval
Notwithstanding subparagraph (A)(i), the Secretary may award authority to carry out a pilot project for a State as a whole under this section to 2 additional States if, at the beginning of the third year of the pilot projects awarded to the 10 States under subparagraph (A)(i), each of such States—
(i) has met or exceeded expected levels of performance under the primary indicators of performance described in section 116(b)(2)(A); and
(ii) meets the requirement described in subsection (e)(4).
(1) In general
To be eligible to carry out a pilot project under this section, a State shall submit to the Secretary an application at such time and in such manner as the Secretary may reasonably require, and containing the information described in paragraph (2).
(2) Content
Each application submitted by a State under this subsection shall include the following:
(A) A description of the pilot project to be carried out under this section, including—
(i) whether the project will be carried out—
(I) by the State as a whole;
(II) by a local area, and if so—
(aa) an identification of—
(AA) such local area; and
(BB) whether the local area will be the fiscal agent for the project, or whether the local board has entered into a written agreement with the State for the State to serve as the fiscal agent during the project; and
(bb) written verification from the local board for such local area that such local board agrees—
(AA) to carry out such project; and
(BB) to the fiscal agent identified in item (aa)(BB); or
(III) by a consortium of local areas in the State, and if so—
(aa) an identification of—
(AA) each local area that comprises the consortium; and
(BB) the local area that will serve as the fiscal agent for the consortium during the project, or whether the consortium has entered into a written agreement with the State for the State to serve as the fiscal agent; and
(bb) written verification from each local board of each local area identified in item (aa)(AA) that such local board agrees—
(AA) to carry out such project as a consortium; and
(BB) to the fiscal agent for the consortium identified in item (aa)(BB);
(ii) a description of the activities to be carried out under the project, including—
(I) the activities to be carried out under the reservation required under subparagraph (C) or (D) of subsection (b)(1), as applicable;
(II) how the activities will comply with the priority of service described in subsection (e)(3); and
(III) how the activities will be made available through the one-stop delivery system described in subsection (b)(2)(A)(iv);
(iii) the goals the State, local area, or consortium intends to achieve through such activities, which shall be aligned with the purpose described in subsection (a); and
(iv) a description of any reforms or improvements, including any reforms or improvements that may be evidence-based, to service delivery to be carried out under the project.
(B) A description of the performance outcomes the State, the local area, or consortium expects to achieve for such activities for each year of the pilot project period as described in subsection (f)(1).
(C) A description of how the State, local area, or consortium consulted with employers, the State board, and the local boards in the State in determining the activities to carry out under the pilot project.
(D) A description of how the State will make such activities available to jobseekers and employers in each of the local areas in the State or, in a case of a project that will be carried out by a local area or a consortium, a description of how such services will be made available to jobseekers and employers in such local area or each of the local areas in the consortium.
(E) A description, if appropriate, of how the State, local area, or consortium will integrate the funds received, and the activities carried out, under the pilot project under this section with funds and activities for State workforce development programs and other Federal, State, or local workforce, education, or social service programs (including the programs and activities listed in section 103(a)(2), the program of adult education and literacy activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)).
(F) An explanation of—
(i) how the State, local area, or consortium will ensure that jobseekers and employers in urban, rural, and suburban areas are able to participate in the pilot project; or
(ii) the factors preventing jobseekers and employers in such areas from participating.
(G) An assurance that the State, local area, or consortium will meet the requirements of this section.
(A) In general
The Secretary shall—
(i) approve an application submitted under this subsection, and the pilot project described in such application, not later than 90 days after the date on which such application is submitted, unless the Secretary meets the requirements of clause (ii); and
(ii) have the authority to disapprove such application only if, by not later than 90 days after the date on which such application is submitted, the Secretary—
(I) determines—
(aa) that such application is subject to the limitations described in subsection (c)(2); or
(bb) that such application fails to meet the requirements of this section; and
(II) in a case which the Secretary makes the determination described in subclause (I)(bb), provides to the State a written explanation of initial disapproval that meets the requirements of subparagraph (B).
(B) Initial disapproval
An explanation of initial disapproval provided by the Secretary to a State under subparagraph (A)(ii)(II) shall provide the State with—
(i) a detailed explanation of why the application does not meet the requirements of this section; and
(ii) if the State is not subject to the limitations described in subsection (c), an opportunity to revise and resubmit the State’s application under this section.
(C) Rule of construction
Nothing in this paragraph shall be construed to require the Secretary to approve more pilot projects than allowed under the limitations described in subsection (c)(2).
(4) Priority
In approving pilot projects under this section in the case that more States, on behalf of the State as a whole or on behalf of local areas and consortia of local areas, have submitted applications that meet the requirements of this section than the Secretary is allowed to approve pursuant to the limitations described in subsection (c)(2), the Secretary shall give priority consideration as follows:
(A) For applications seeking a pilot project for the State as a whole—
(i) first, to applications submitted by States with a population of not more than 5,000,000 and not less than 15 workforce boards, as of the date of enactment of the A Stronger Workforce for America Act of 2026; and
(ii) second, to applications submitted by States that have achieved the State adjusted levels of performance for the youth program authorized under chapter 2 of subtitle B and the adult and dislocated worker programs authorized under chapter 3 of subtitle B in the most recent program year for which performance information is available.
(B) For applications seeking a pilot project for a local area or consortium of local areas, to applications submitted by local areas or consortia of local areas that have achieved the negotiated local levels of performance for such youth program and such adult and dislocated worker programs in the most recent program year for which performance information is available.
(e) State pilot project requirements
A State, local area, or consortium that has been approved to carry out a pilot project under this section shall meet each of the following requirements:
(1) Use of funds
Use the funds received pursuant to subsection (b)(1)(B) solely to carry out the activities of the pilot project to achieve the goals of the pilot project, as described in subsection (d)(2)(A).
(2) Administrative costs limitation
Use not more than 10 percent of the funds received pursuant to subsection (b)(1)(B) for a fiscal year for the administrative costs of carrying out the pilot project.
(3) Priority for services
Give priority for services under the project to veterans and their eligible spouses in accordance with the requirements of section 4215 of title 38, United States Code, recipients of public assistance, low-income individuals, individuals who have foundational skill needs, out-of-school youth, and dislocated workers.
(4) Number of participants
Serve a number of participants under the activities of the pilot project for each year of the pilot project period that—
(A) is greater than the number of participants served by such State, local area, or consortium, as applicable, under the programs described in subparagraph (A) of section 3(13) for the most recent program year that ended prior to the beginning of the first year of the pilot project period; or
(B) is not less than the number of participants to be served under the activities of the pilot project that is agreed upon between the State, local area, or consortium, as applicable, and the Secretary—
(i) prior to the Secretary’s approval of the application submitted under subsection (d); and
(ii) after the Secretary takes into account—
(I) the goals the State, local area, or consortium intends to achieve through the pilot project; and
(II) the participants the State, local area, or consortium intends to serve under such project.
(5) Reporting outcomes
Submit, on an annual basis, to the Secretary a report, with respect to such State, local area, or consortium—
(A) on participant outcomes for each indicator of performance described in subsection (f)(1)(A) for the activities carried out under the project;
(B) on the applicable requirements of section 116(d)(2), including—
(i) subparagraph (B) of such section; and
(ii) subparagraphs (C), (D), (E), (F), (G), and (J) of such section, as such subparagraphs are applicable to activities under the pilot project; and
(C) containing a description of how the State spent the amounts reserved under subsection (b)(1)(C) or the local area or consortium spent the amounts reserved under subsection (b)(1)(D), as applicable, and any evidence-based practices developed with such amounts.
(6) Compliance with certain existing requirements
Comply with the statutory or regulatory requirements listed in subparagraphs (A) and (B) of subsection (b)(2).
(A) In general
Each State shall describe in the application submitted under subsection (d), for each year of the pilot project period—
(i) with respect to participants who are at least 25 years old, the expected State levels of performance or expected local levels of performance, as the case may be, for each of the indicators of performance under section 116(b)(2)(A)(i) for the activities carried out under the project under this section, which shall meet the requirements of subparagraph (B); and
(ii) with respect to participants who are at least 16 years old and not older than 24 years old, the expected State levels of performance or expected local levels of performance, as the case may be, for each of the indicators of performance under section 116(b)(2)(A)(ii) for the activities carried out under the project under this section, which shall meet the requirements of subparagraph (B).
(B) Fifth year
Each of the expected levels of performance established pursuant to subparagraph (A) for each of the indicators of performance for the fifth year of the pilot project period shall be higher than—
(i) the highest State adjusted or negotiated local level of performance, as applicable, for the corresponding indicator of performance for the programs described in subparagraph (A) of section 3(13), for the most recent program year for such State that ended prior to the beginning of the first year of the pilot project period; or
(ii) an alternate baseline level of performance that—
(I) shall not be lower than the most recent State adjusted or negotiated local level of performance (including any revisions) for the corresponding indicator of performance for the youth program under chapter 2 of subtitle B or the adult or dislocated worker program under chapter 3 of such subtitle (using the program determined most applicable by the Governor of the State submitting the application), taking into account the goals the State intends to achieve through the pilot project and the participants the State intends to serve through such project; and
(II) is agreed upon between the State and the Secretary—
(aa) prior to the Secretary’s approval of the application submitted under subsection (d); and
(bb) after the Secretary takes into account—
(AA) the goals the State intends to achieve through the pilot project; and
(BB) the participants the State intends to serve under such project.
(C) Agreed level for performance on expected levels of performance
Prior to approving an application for a pilot project submitted by a State, and using the expected levels of performance described in such application, the Secretary shall reach an agreement with such State on the expected levels of performance for each of the indicators of performance. In reaching an agreement on such expected levels of performance, the Secretary and the State may consider the factors described in section 116(b)(3)(A)(v).
(A) In general
The sanctions described in section 116(f)(1)(B) shall apply to a State, local area, or consortium of local areas beginning on the third year of the pilot project period (and, for failures described in clause (ii)(II) of that section, shall first apply for consecutive failures in that third year and the following year) for such State, local area, or consortium, except that the expected levels of performance established under paragraph (1) shall be—
(i) deemed to be levels of performance agreed to under section 116(b)(3)(A)(iv), for purposes of this paragraph; and
(ii) adjusted at the end of each program year to reflect the actual characteristics of participants served and the actual economic conditions experienced using a statistical adjustment model similar to the model described in section 116(b)(3)(A)(viii).
(B) Ineligibility for renewal
A State, local area, or consortium that is subject to such sanctions shall be ineligible to renew its pilot project period under subsection (c).
(3) Impact of local or consortium pilot projects on statewide accountability
With respect to a State with an approved pilot project for a local area or consortium of local areas in the State—
(A) the performance of such local area or consortium for the programs described in subparagraph (A) of section 3(13) shall not be included in the levels of performance for such State for any of such programs for purposes of section 116 for any program year that is applicable to any year of the pilot project period; and
(B) with respect to any local areas of the State that are not part of the pilot project, the State shall reach a new agreement with the Secretary, for purposes of section 116(b)(3)(A), on levels of performance for such programs for such program years.
(g) Termination
Except as provided under subsection (c)(1)(B), the Secretary may not approve a pilot project after December 31, 2031.
Section 197. Make America Skilled Again grants
.
Section 198. General program requirements
Section 194 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3254)) is amended by adding at the end the following:
(A) In general
Each recipient of funds described in section 128(a), section 128(b), or section 133(b) or under subtitle C or D (including a provider described in section 122(i) that is awarded such funds by a State or local area) shall provide to the appropriate entity an assurance that the recipient will adhere to the requirements under subsections (a) and (b) of section 181.
(B) Appropriate entity
For the purposes of this paragraph, the term appropriate entity means—
(i) in the case of any funds described in section 128(a), the Governor of the State providing such funds;
(ii) in the case of any funds described in section 128(b) or section 133(b), the local board providing such funds; and
(iii) in the case of any funds under subtitle C or D, the Secretary.
(A) Low-density workforce area considerations
In the case of a local area located in a low-density workforce area, section 129(c)(4) shall be applied—
(i) by substituting 25 percent for 40 percent; and
(ii) by substituting 7 and 1/2 percent for 12 and 1/2 percent.
(B) Low-density workforce area definition
In this title, the term ‘low-density workforce area’ means a State with a population density of less than 1.5 persons per square mile, as determined by the most recent decennial census of the Bureau of the Census.
Section 198. General program requirements
.
Section 201. Transfer of functions
There are transferred to the Secretary of Labor all functions which the Secretary of Education and the Department of Education exercised before the effective date of this subtitle (including all related functions of any officer or employee of that Department) under title II of the Workforce Innovation and Opportunity Act (29 U.S.C. 3271 et seq.).
Section 202. Personnel Determinations by the Office of Management and Budget
The Office of Management and Budget shall—
(1) ensure that this subtitle does not result in any net increase in full-time equivalent employees across all Federal agencies impacted by this subtitle; and
(2) not later than 1 year after the effective date of this subtitle, certify compliance with this subtitle to the Committee on Education and Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
Section 203. Delegation and assignment
Except where otherwise expressly prohibited by law or otherwise provided by this subtitle, the Secretary of Labor may delegate any of the functions transferred to the Secretary of Labor by section 201 and any function described in section 201 that was transferred or granted to such Secretary after the effective date of this subtitle to such officers and employees of such Secretary as the Secretary may designate, and may authorize successive redelegations of such functions described in section 201 as may be necessary or appropriate. No delegation of such functions by the Secretary of Labor under this section or under any other provision of this subtitle shall relieve such Secretary of responsibility for the administration of such functions.
(a) Reorganization
Except where otherwise expressly prohibited by law or otherwise provided by this Act (or the amendments made by this Act), the Secretary of Labor is authorized to allocate or reallocate any function transferred under section 201 among the officers of the Department of Labor, and to consolidate, alter, or discontinue such organizational entities in such Department as may be necessary or appropriate.
(b) Rules
The Secretary of Labor is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as that the Secretary determines necessary or appropriate to administer and manage the functions described in section 201 of the Department of Labor.
Section 205. Transfer and allocation of appropriations and personnel
Except as otherwise provided in this subtitle, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions and offices, or portions thereof transferred by section 201, subject to section 1531 of title 31, United States Code, shall be transferred to the Secretary of Labor. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated.
Section 206. Incidental transfers
The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by section 201, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this subtitle. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this subtitle and for such further measures and dispositions as may be necessary to effectuate the purposes of this subtitle, with respect to such functions.
(a) Continuing effect of legal documents
All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions—
(1) which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act to the Secretary or the Department, and
(2) which are in effect at the time this Act takes effect,
(a) Continuing effect of legal documents
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with the law by the President, the Secretary of Labor, or other authorized official, a court of competent jurisdiction, or by operation of law.
(b) Proceedings not affected
The provisions of this subtitle shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on the effective date of this subtitle before the Department of Education with respect to functions of which are transferred by section 201 but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this subtitle had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized individual, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subtitle had not been enacted.
(c) Suits not affected
Except as provided in subsection (e) the provisions of this subtitle shall not affect suits commenced (with respect to the functions transferred under section 201) prior to the effective date of this subtitle, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this subtitle had not been enacted.
(d) Nonabatement of actions
No suit, action, or other proceeding commenced by or against the Department of Education (with regard to functions transferred under section 201), or by or against any officer in the official capacity of such individual as an officer of the Department of Education (with regard to functions transferred under section 201), shall abate by reason of the enactment of this subtitle.
(e) Administrative actions relating to promulgation of regulations
Any administrative action relating to the preparation or promulgation of a regulation by the Secretary of Education (with regard to functions transferred under section 201) may be continued by the Secretary of Labor with the same effect as if this subtitle had not been enacted.
Section 208. References
A reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to—
(1) the Secretary of Education (with regard to functions transferred under section 201), shall be deemed to refer to the Secretary of Labor; and
(2) the Department of Education or Office within the Department (with regard to functions transferred under section 201), shall be deemed to refer to the Department of Labor.
Section 209. Transition
The Secretary of Labor is authorized to utilize—
(1) the services of such officers, employees, and other personnel of the Department of Education with regard to functions transferred under section 201; and
(2) funds appropriated to such functions,
Section 209. Transition
for such period of time as may reasonably be needed to facilitate the orderly implementation of this subtitle.
(a) WIOA
Section 203(15) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3272(15)) is amended by striking Education and inserting Labor.
(1) Principal officers
Section 202 of the Department of Education Organization Act (20 U.S.C. 3412) is amended—
(A) in subsection (b)(1)(C), by striking Career, Technical, and Adult Education and inserting Career and Technical Education; and
(B) in subsection (h), by striking Career, Technical, and Adult Education each place it appears and inserting Career and Technical Education.
(2) Office of Career and Technical Education
Section 206 of the Department of Education Organization Act (20 U.S.C. 3416) is amended—
(A) in the section header, by striking Career, Technical, and Adult Education and inserting Career and Technical Education;
(B) in the first sentence, by striking Career, Technical, and Adult Education and inserting Career and Technical Education; and
(C) in the second sentence, by striking career, technical, and adult education and inserting career and technical education.
Section 211. Effective date
This subtitle shall take effect on the date that is 1 year after the date of enactment of this Act.
Section 221. Purposes
Section 202 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3271) is amended—
(1) in paragraph (1), by inserting (including digital literacy skills and AI literacy skills) before necessary;
(2) in paragraph (3), by striking secondary school diploma and inserting regular high school diploma or its recognized equivalent; and
(3) in paragraph (4), by striking English language learners and inserting English learners.
Section 222. Definitions
Section 203 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3272) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
(i) by striking and speak and inserting listen, speak, and comprehend; and
(ii) by striking secondary and inserting regular high;
(B) in subparagraph (B), by striking and at the end;
(C) by redesignating subparagraph (C) as subparagraph (D); and
(D) by inserting after subparagraph (B) the following:
(C) develop and use digital literacy skills; and
(D) ;
(2) by redesignating paragraphs (3) through (14), (15) (as amended by section 210(a)), (16), and (17), as paragraphs (5) through (16), (18), (19), and (20), respectively;
(3) by inserting after paragraph (2) the following:
(3) AI literacy skills
The term AI literacy skills means a foundational set of competencies, outlined by the AI literacy framework of the Department of Labor, that enable individuals to use and evaluate artificial intelligence technologies responsibly, with a primary focus on generative artificial intelligence.
(4) Digital literacy skills
The term digital literacy skills —
(A) means the skills associated with using existing and emerging technologies to find, evaluate, organize, create, communicate information, and to complete tasks; and
(B) includes AI literacy skills.
(3) ;
(4) in paragraph (6)(C) (as so redesignated)—
(A) by striking clause (i) and inserting the following:
(i) has foundational skill needs;
(A) ;
(B) in clause (ii), by striking secondary and inserting regular high; and
(C) in clause (iii), by striking English language learner and inserting English learner;
(5) in paragraph (8) (as so redesignated)—
(A) in subparagraph (A), by striking English language learners and inserting English learners; and
(B) in subparagraph (B)(i)(I), by striking secondary and inserting regular high;
(6) in paragraph (9) (as so redesignated)—
(A) in the paragraph heading, by striking language; and
(B) in the matter preceding subparagraph (A), by striking English language learner and inserting English learner;
(7) in the matter preceding subparagraph (A) in paragraph (11) (as so redesignated), by inserting and educational after the economic;
(8) in paragraph (14) (as so redesignated)—
(A) by striking English language learners and inserting English learners; and
(B) by striking and may include workforce training. and inserting the following: “and may—
(A) include skills development, postsecondary preparation activities, digital literacy skills instruction, financial literacy instruction, and workforce training; and
(B) be provided concurrently with other activities and services, such as adult education.
(B) ;
(9) in paragraph (15) (as so redesignated), by striking and speak in English, compute, and solve problems, and inserting speak, and comprehend in English, compute, solve problems, and have digital literacy skills,; and
(10) by inserting after paragraph (16) (as so redesignated) the following:
(17) Postsecondary preparation activities
The term postsecondary preparation activities means academic counseling (which may be provided by a college and career navigator) and services designed to support enrollment and success in postsecondary education that include assisting individuals to—
(A) identify postsecondary educational options that prepare individuals for unsubsidized employment;
(B) navigate the transition from adult education to postsecondary education;
(C) navigate the transition from adult education to workforce development programs and services;
(D) coenroll in adult education and workforce development programs, if applicable;
(E) improve academic skills so that individuals are prepared to participate in postsecondary education without need for remediation; or
(F) learn notetaking, study skills, and other skills that promote student success in postsecondary education.
(10) .
Section 224. Special rule
Section 211 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3291) is amended—
(1) in subsection (d)(3), by striking secondary and inserting regular high; and
(2) in subsection (e)(3), by striking period described in section 3(45) and inserting period described in subparagraph (B) of the definition of outlying area in section 3.
Section 225. Performance accountability system
Section 212 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3292) is amended to read as follows:
(a) In general
Programs and activities authorized in this title are subject to the performance accountability provisions described in section 116, except that the indicator described in subsection (b)(2)(A)(i)(VI) of such section shall be applied as if it were the percentage of program participants who exited the program during the program year and completed an integrated education and training program.
(b) Data collection
Notwithstanding section 134(a) of the Higher Education Act of 1965 (20 U.S.C. 1015c(a)), the Secretary is authorized to collect deidentified participant-level data for participants in programs and activities funded under this title on the information required for State performance reports as described in section 116(d) for the sole purpose of administering the performance accountability system under section 116.
Section 225. Performance accountability system
.
Section 226. Matching requirement
Section 222(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3302(b)) is amended by adding at the end the following:
(3) Public availability of information on matching funds
Each eligible agency shall maintain, on a publicly accessible website of such agency and in an easily accessible format, information documenting the non-Federal contributions made available to programs that offer adult education and literacy activities or family literacy activities pursuant to this subsection, including—
(A) the sources of such contributions, except that in the case of private contributions, names of the individuals or entities providing such contributions may not be disclosed; and
(B) in the case of funds made available by a State or outlying area, an explanation of how such funds are distributed to eligible providers.
Section 226. Matching requirement
.
Section 227. State leadership activities
Section 223(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3303(a)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking activities. and inserting activities and the identification of opportunities to coordinate with activities supported under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) to expand integrated education and training programs.;
(B) in subparagraph (C)—
(i) in clause (i), by striking based on the most rigorous or scientifically valid research available and appropriate, in reading, writing, speaking, mathematics, and inserting based on evidence-based practices, in reading, writing, speaking, English comprehension, mathematics,;
(ii) in clause (ii), by striking and at the end;
(iii) in clause (iii), by striking the period at the end and inserting; and; and
(iv) by adding at the end the following:
(iv) assistance in reporting participant outcomes for the performance accountability system described in section 212, including facilitating partnerships with the appropriate State entities to conduct matches with State administrative data (such as wage records) to determine program performance on the indicators of performance described in subclauses (I) through (III) of section 116(b)(2)(A)(i) and which may include assistance in integrating with statewide longitudinal data systems, and making data available in structured, open, linked, and interoperable formats, as appropriate.
(iv) ;
(C) by redesignating subparagraph (D) as subparagraph (E); and
(D) by inserting after subparagraph (C) the following:
(D) The development, identification, acquisition, and dissemination (which may be done in coordination with other States) of evidence-based instructional materials (to the extent available) that lead to literacy, English language acquisition, a recognized postsecondary credential, or any combination of such results; and—
(i) are designed to meet the needs of adult learners, including English learners, and may be developed for integrated education and training in an in-demand industry sector or occupation within the State; and
(ii) will improve the instruction provided pursuant to the local activities required under section 231(b).
(D) ; and
(2) in paragraph (2)—
(A) by redesignating subparagraphs (E), (F), (G), (H), (I), (J), (K), (L), and (M), as subparagraphs (F), (G), (H), (I), (J), (K), (L), (M), and (R), respectively;
(B) by inserting after subparagraph (D) the following:
(E) Developing content and models for programs that support family literacy activities.
(B) ;
(C) in subparagraph (G) (as so redesignated), by inserting before the period the following:, including such institutions that offer an eligible program for purposes of the Workforce Pell Grant program under section 401(k) of the Higher Education Act of 1965 (20 U.S.C. 1070a(k)), as added by section 83002(a) of Public Law 119–21;
(D) in subparagraph (J)(i) (as so redesignated)—
(i) by striking mathematics, and English and inserting mathematics, English; and
(ii) by striking acquisition; and inserting acquisition, and digital literacy skills;;
(E) by striking subparagraph (K) (as so redesignated) and inserting the following:
(K) Developing and piloting of strategies for improving adult educator recruitment, quality, and retention, such as—
(i) the provision of professional development;
(ii) the development and maintenance of policies for awarding recognized postsecondary credentials to adult educators who demonstrate effectiveness at improving the achievement of adult students; and
(iii) the development and piloting of work-based learning programs (including apprenticeship programs) for adult educators.
(E) ;
(F) in subparagraph (L) (as so redesignated), by striking English language learners and inserting English learners;
(G) in subparagraph (M) (as so redesignated), by inserting, which may include through partnerships with local educational agencies or public agencies to recruit eligible individuals after employers; and
(H) by inserting after subparagraph (M) (as so redesignated) the following:
(N) Performance incentive payments to eligible providers, including incentive payments linked to increased use of integrated education and training or other forms of instruction linking adult education with the development of occupational skills for an in-demand industry sector or occupation in the State.
(O) Strengthening the quality and effectiveness of adult education and programs that support family literacy activities in the State through support for program quality standards and accreditation requirements.
(P) Raising public awareness (including through public service announcements, such as social media campaigns) about career and technical education programs and community-based organizations, and other endeavors focused on programs that prepare individuals for in-demand industry sectors or occupations.
(Q) Postsecondary preparation activities.
(H) .
Section 228. Programs for corrections education and other institutionalized individuals
Section 225 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3305) is amended—
(1) in subsection (a)—
(A) by striking From funds and inserting the following:
(1) In general
From funds
(A) ; and
(B) by adding at the end the following:
(2) Priority
An eligible agency granting awards from funds authorized under paragraph (1) shall give priority to an eligible entity that proposes to operate an educational program in a correctional institution that is also served by a program authorized under section 172.
(B) ;
(2) in subsection (b)(3), by striking secondary school credit and inserting attainment of a regular high school diploma or its recognized equivalent;
(3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;
(4) by inserting after subsection (c) the following:
(d) Coordination
Each eligible agency that is using assistance provided under this section to carry out a program for criminal offenders within a correctional institution shall—
(1) coordinate such educational programs with career and technical education activities provided to individuals in State institutions from funds reserved under section 112(a)(2)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2322(a)(2)(A));
(2) identify opportunities to develop integrated education and training opportunities for such individuals;
(3) coordinate with institutions of higher education operating a prison education program in the State; and
(4) if the correctional institution is also served by a program authorized under section 172, provide a description of how the award funds under this section will be used to carry out the activities described in section 172, in conjunction with the activities described in subsection (b).
(4) ; and
(5) in subsection (f) (as so redesignated), by adding at the end the following:
(3) Prison education program
The term prison education program has the meaning given the term in section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091).
(5) .
Section 229. Grants and contracts for eligible providers
Section 231 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3321) is amended—
(1) in subsection (a)—
(A) by striking From grant funds and inserting the following:
(1) In general
From grant funds
(A) ; and
(B) by adding at the end the following:
(2) Prompt availability of funds
Each eligible agency shall ensure that funds are available for reimbursement to an eligible provider that is awarded a multiyear grant or contract under paragraph (1) not later than 45 days after the date on which the multiyear grant or contract is awarded.
(B) ;
(2) in subsection (d), by striking section 203(4) and inserting section 203(6);
(3) in subsection (e)—
(A) in paragraph (1)(B)(ii), by striking English language learners and inserting English learners;
(B) in paragraph (5)—
(i) in subparagraph (A), by striking and at the end;
(ii) in subparagraph (B), by adding and at the end; and
(iii) by adding at the end the following:
(C) uses instructional materials that are designed to meet the needs of adult learners and English learners and are evidence-based (to the extent practicable), which may include, but shall not be required to include, the instructional materials disseminated by the State under section 223(a)(1)(D);
(iii) ;
(C) in paragraph (6), by striking speaking, mathematics, and English and inserting speaking and listening, mathematics, comprehension, and English; and
(A) in paragraph (10), by inserting local educational agencies, after strong links with; and
(4) by adding at the end the following:
(f) Cost analysis
In determining the amount of funds to be awarded in grants or contracts under this section, the eligible agency may consider the costs of providing learning in context, including integrated education and training and workplace adult education and literacy activities, and the extent to which the eligible provider intends to serve individuals using such activities, in order to align the amount of funds awarded with such costs.
(4) .
Section 230. Local application
Section 232 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3322) is amended—
(1) in paragraph (4), by inserting and coordinate with the appropriate State entity after data;
(2) in paragraph (6), by striking; and and inserting, such as how the eligible provider may provide adult education and literacy activities in a manner that is integrated with postsecondary preparation activities to enable students to prepare for opportunities to attain a recognized postsecondary credential, including opportunities to earn recognized postsecondary credentials that are stackable along a career pathway within an in-demand industry sector or occupation;
(3) by redesignating paragraph (7) as paragraph (8); and
(4) by inserting after paragraph (6) the following:
(7) a description of how the eligible provider will provide learning in context, including through partnerships with employers to offer workplace adult education and literacy activities and integrated education and training; and
(4) .
Section 231. Local administrative cost limits
Section 233(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3323(a)) is amended—
(1) in paragraph (1), by striking 95 and inserting 85; and
(2) by striking paragraph (2) and inserting the following:
(2) the remaining amount—
(A) not to exceed 10 percent, may be used for professional development for adult educators (which may include apprenticeship programs for adult educators); and
(B) not to exceed 5 percent, shall be used for planning, administration (including carrying out the requirements of section 116), professional development of administrative staff, and the activities described in paragraphs (3) and (5) of section 232.
(2) .
Section 232. National leadership activities
Section 242 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3332) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking 116; and inserting 116, including the dissemination of effective practices used by States to use statewide longitudinal data systems or other sources of administrative data to determine program performance and reduce the data collection and reporting burden on eligible providers;; and
(B) in paragraph (3), by striking, including the Institute of Education Sciences; and
(2) in subsection (c)—
(A) in paragraph (1)—
(i) in subparagraph (B), by striking English language learners and inserting English learners; and
(ii) in subparagraph (C), by inserting skills after digital literacy; and
(B) in paragraph (2)—
(i) in subparagraph (C)—
(I) in clause (i), by striking rigorous research and inserting evidence-based practices; and
(II) in clause (vii)—
(aa) in subclause (I), by striking adults with and all that follows through the semicolon and inserting adults with disabilities, including adults with learning disabilities, and with adults who are English learners;;
(bb) in subclause (III), by striking and after the semicolon;
(cc) in subclause (IV), by inserting and after the semicolon; and
(dd) by adding at the end the following:
(V) programs that offer family literacy activities;
(dd) ;
(ii) in subparagraph (F), by striking and after the semicolon;
(iii) by redesignating subparagraph (G) as subparagraph (J); and
(iv) by inserting after subparagraph (F) the following:
(G) developing and rigorously evaluating programs for the preparation of effective adult educators and disseminating the results of such evaluations;
(H) carrying out initiatives to support the effectiveness and impact of adult education, that States may adopt on a voluntary basis, through—
(i) the development and dissemination of staffing models, which may include full-time staffing models, that prioritize demonstrated effectiveness and continuous improvement in supporting the learning of adult students; and
(ii) the evaluation and improvement of program quality standards and accreditation requirements;
(I) providing technical assistance to eligible agencies regarding effective professional development for programs that offer adult education and literacy activities or family literacy activities; and
(iv) .
(a) In general
Section 243(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3333(a)) is amended—
(1) by striking From funds and inserting the following:
(1) Each fiscal year
Subject to paragraph (2), from funds
(1) ; and
(2) by adding at the end the following:
(2) Certain fiscal years
With respect to fiscal year 2027 or a succeeding fiscal year, if amounts made available under section 211(a)(2) for such a fiscal year exceed, by at least 1 percent, grant amounts awarded to States under this section for fiscal year 2026, the Secretary shall, from amounts made available under section 211(a)(2) for such fiscal year after fiscal year 2026—
(A) reserve 1 percent of the amounts to award grants to outlying areas, in the manner determined appropriate by the Secretary of Labor for such outlying areas to carry out the activities described in paragraph (1); and
(B) use the amounts remaining after such reservation to award grants to States under this section.
(2) .
(b) Allotment
Section 243(b)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3333(b)(1) is amended by amending the matter preceding subparagraph (A) as follows: Subject to paragraph (2), from amounts made available under section 211(a)(2) for a fiscal year, and after reserving amounts in accordance with subsection (a)(2), if appropriate for such fiscal year, the Secretary shall allocate—
(c) English learners
Section 243(c)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3333(c)(1)) is amended by striking English language learners and inserting English learners.
(a) Definitions
Section 2(5) of the Wagner-Peyser Act (29 U.S.C. 49a(5)) is amended by inserting the Commonwealth of the Northern Mariana Islands, American Samoa, after Guam,.
(b) Unemployment compensation law requirement
Section 5(b)(1) of the Wagner-Peyser Act (29 U.S.C. 49d(b)(1)) is amended by inserting the Commonwealth of the Northern Mariana Islands, or American Samoa, after Guam,.
(c) Allotments
Section 6 of the Wagner-Peyser Act (29 U.S.C. 49e) is amended—
(1) in subsection (a)—
(A) by striking except for Guam and inserting except for Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa;
(B) by striking first allot to Guam and the Virgin Islands and inserting the following:
(B) first allot—
(1) to Guam and the Virgin Islands
(B) ;
(C) by striking the period at the end and inserting; and; and
(D) by adding at the end the following:
(2) beginning with the first fiscal year for which the total amount available for allotments under this section is greater than the total amount available for allotments under this section for fiscal year 2024, and for each succeeding fiscal year, to each of the Commonwealth of the Northern Mariana Islands and American Samoa, an amount which is equal to one-half of the amount allotted to Guam under paragraph (1) for the corresponding fiscal year.
(D) ; and
(2) in subsection (b)(1), in the matter following subparagraph (B), by inserting, the Commonwealth of the Northern Mariana Islands, American Samoa, after Guam.
(d) Use of funds
Section 7 of the Wagner-Peyser Act (29 U.S.C. 49f) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking and referral to employers and inserting referral to employers, and the services described in section 134(c)(2)(A)(ii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)(ii)) when provided by the employment service office colocated with the one-stop delivery system;
(B) in paragraph (3)—
(i) in subparagraph (F), by striking the and at the end;
(ii) by moving subparagraph (G) for ems to the right;
(iii) in subparagraph (G), by striking the period at the end and inserting; and; and
(iv) by adding at the end the following:
(H) establishing a talent marketplace (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)).
(iv) ; and
(2) in subsection (e), by inserting before the period at the end the following: and in accordance with the requirements of section 134(c)(2)(A)(i)(I) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)(i)(I)).
(e) Workforce and labor market information system
Section 15 of the Wagner-Peyser Act (29 U.S.C. 49l–2) is amended—
(1) in subsection (a)(1)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i), by striking timely manner and inserting manner that is as close to real-time as practicable;
(ii) in clause (i), by striking part-time, and seasonal workers and inserting part-time, contingent, and seasonal workers, and workers engaged in alternative employment arrangements;
(iii) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and
(iv) by inserting after clause (ii), the following:
(iii) real-time trends in new and emerging occupational roles, and in new and emerging skills by occupation and industry, with particular attention paid to State and local conditions;
(iv) ;
(B) in subparagraph (B)(i), by inserting (including, to the extent practicable, real-time) after current; and
(C) in subparagraph (G), by striking user-friendly manner and and inserting manner that makes the data, information, and analysis available on-demand and is user-friendly,;
(2) in subsection (b)(2)(F)—
(A) in clause (i), by striking; and and inserting (including, to the extent practicable, provided in real-time);;
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i), as so amended, the following:
(ii) the capabilities of digital technology and modern data collection approaches are effectively utilized; and
(C) ;
(3) in subsection (e)(2)(H), by striking section 116(i)(2) of the Workforce Innovation and Opportunity Act and inserting section 116(j)(2) of the Workforce Innovation and Opportunity Act; and
(4) by amending subsection (g) to read as follows:
(4) .
Section 302. Job training grants
Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a) is amended to read as follows:
(A) In general
Of the funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), the Secretary of Labor shall, for each fiscal year—
(i) return permanently 12 percent of such amounts in each fiscal year to the general fund of the Treasury;
(ii) use $65,000,000 of such funds to carry out the program established under section 173 of the Workforce Innovation and Opportunity Act; and
(iii) using the funds remaining after carrying out clauses (i) and (ii), make allotments to each State that receives an allotment under section 132(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3172(b)) for the purpose of providing training services through individual training accounts for eligible dislocated workers as described in paragraph (2)(A).
(i) Reservation
From the amount made available under subparagraph (A)(iii) for a fiscal year, the Secretary shall reserve not more than 1/4 of 1 percent of such amount to provide assistance to the outlying areas for the purpose described in paragraph (2)(A).
(ii) Allotment among States
Subject to clause (iii) of this subparagraph, the Secretary shall use the remainder of the amount made available under subparagraph (A)(iii) (in this subparagraph referred to as the remainder amount) for a fiscal year to make allotments to States described in subparagraph (A)(iii) on the following basis:
(I) 33 and 1/3 percent shall be allotted on the basis of the relative number of unemployed individuals in each such State, compared to the total number of unemployed individuals in all such States.
(II) 33 and 1/3 percent shall be allotted on the basis of the relative number of disadvantaged adults in each such State, compared to the total number of disadvantaged adults in all such States.
(III) 33 and 1/3 percent shall be allotted on the basis of the relative number of individuals in the civilian labor force in each such State, compared to the total number in the civilian labor force in all such States.
(iii) Small State minimum
The Secretary shall ensure that no State shall receive an allotment under this subparagraph for a fiscal year that is less than—
(I) in the case of a fiscal year for which the remainder amount is not more than $180,000,000, 3/10 of 1 percent of such remainder amount; and
(II) in the case of a fiscal year for which the remainder amount exceeds $180,000,000, the total of—
(aa) 3/10 of 1 percent of $180,000,000; and
(bb) 2/5 of 1 percent of such excess amount.
(iv) Disadvantaged adult defined
For purposes of this subparagraph and subparagraph (C), the term disadvantaged adult has the meaning given such term in section 132(b)(1)(B)(v)(IV) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3172(b)(1)(B)(v)(IV)).
(I) In general
The Secretary of Labor shall, in accordance with this clause, reallot to eligible States amounts that are made available to States from allotments made under this subparagraph (referred to individually in this subsection as a State allotment) and that are available for reallotment.
(II) Amount
The amount available for reallotment for a program year is equal to the amount by which the unobligated balance of the State allotment, at the end of the program year prior to the program year for which the determination under this subclause is made, exceeds 20 percent of such allotment for the prior program year.
(III) Reallotment
In making reallotments to eligible States of amounts available pursuant to subclause (II) for a program year, the Secretary shall allot to each eligible State an amount based on the relative amount of the State allotment for the program year for which the determination is made, as compared to the total amount of the State allotments for all eligible States for such program year.
(IV) Eligibility
For purposes of this subsection, an eligible State means a State that does not have an amount available for reallotment under subclause (II) for the program year for which the determination under subclause (II) is made.
(i) In general
The Governor shall allocate the funds allotted to the State under subparagraph (B) for a fiscal year to the local areas in the State on the following basis:
(I) 33 and 1/3 percent of the funds on the basis described in subparagraph (B)(ii)(I).
(II) 33 and 1/3 percent of the funds on the basis described in subparagraph (B)(ii)(II).
(III) 33 and 1/3 percent of the funds on the basis described in subparagraph (B)(ii)(III).
(ii) Application
For purposes of carrying out clause (i)—
(I) references in subparagraph (B)(ii) to a State shall be deemed to be references to a local area; and
(II) references in subparagraph (B)(ii) to all States shall be deemed to be references to all local areas in the State involved.
(I) In general
The Governor may, in accordance with this clause and after consultation with the State board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under this subparagraph (referred to individually in this subsection as a local allocation) and that are available for reallocation.
(II) Amount
The amount available for reallocation for a program year is equal to the amount by which the unobligated balance of the local allocation, at the end of the program year prior to the program year for which the determination under this subclause is made, exceeds 20 percent of such allocation for the prior program year.
(III) Reallocation
In making reallocations to eligible local areas of amounts available pursuant to subclause (II) for a program year, the Governor shall allocate to each eligible local area within the State an amount based on the relative amount of the local allocation for the program year for which the determination is made, as compared to the total amount of the local allocations for all eligible local areas in the State for such program year.
(IV) Eligibility
For purposes of this subsection, an eligible local area means a local area that does not have an amount available for reallotment under subclause (II) for the program year for which the determination under subclause (II) is made.
(A) In general
Funds allocated pursuant to paragraph (1) to a local area shall be used to pay, through the use of an individual training account in accordance with section 134(c)(3)(F)(iii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)(F)(iii)), an eligible provider of training services from the list of eligible providers of training services described in section 122(d) of such Act (29 U.S.C. 3152(d)) for training services provided to eligible dislocated workers in the local area.
(B) Requirements for local areas
As a condition of receipt of funds under paragraph (1), a local area shall agree to each of the following:
(i) Required notice to workers
Prior to an eligible dislocated worker selecting a program of training services from the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)), the local area shall inform such dislocated worker of any opportunities the dislocated worker may have to participate in on-the-job training or employer-directed skills development funded through such local area.
(ii) Amounts available
Except as provided in clause (iv)(II), a local area—
(I) may not limit the maximum amount available for an individual training account for an eligible dislocated worker under subparagraph (A) to an amount that is less than $5,000; and
(II) may not pay an amount, through the use of an individual training account under subparagraph (A), for training services provided to an eligible dislocated worker that exceeds the costs of such services.
(iii) WIOA funds
A local area may not use funds made available to the local area for a fiscal year pursuant to section 134(c)(1)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(1)(B)) to make payments under subparagraph (A) until the funds allocated to the local area pursuant to paragraph (1) of this subsection for such fiscal year have been exhausted.
(iv) Exhaustion of allocations
Upon the exhaustion of the funds allocated to the local area pursuant to paragraph (1) of this subsection, for the purpose of paying, through the use of individual training accounts under subparagraph (A), the costs of training services for eligible dislocated workers in the local area seeking such services, the local area—
(I) shall use any funds made available to the local area pursuant to section 134(c)(1)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(1)(B)) to pay for such costs under subparagraph (A) (other than any costs that exceed the limit set by the local area pursuant to clause (ii) or subclause (II)); and
(II) for any eligible dislocated worker who is not a low-income individual, may limit the maximum amount available for the individual training account under subparagraph (A) for such worker to an amount that is less than $5,000.
(3) Eligible dislocated worker
A dislocated worker shall be an eligible dislocated worker for purposes of this subsection if the dislocated worker—
(A) meets the requirements under section 134(c)(3)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)(A)(i)) to be eligible for training services; and
(B) has not received training services through an individual training account under this subsection or under section 134(c)(3)(F)(iii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)(F)(iii)) during the preceding 5-year period or, if such a worker has received such training services during such period, the worker has been granted an exception by the local area due to an exceptional circumstance, as determined by the local area.
(4) Excess demand
Upon the exhaustion of the funds allocated to a local area pursuant to paragraph (1) of this subsection and any funds that may be available to such local area pursuant to section 134(c)(1)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(1)(B)) for the purpose described in paragraph (2)(A) of this subsection, the local area—
(A) may request additional funds for such purpose from the Governor under section 134(a)(2)(A)(i)(III) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)(2)(A)(i)(III)); and
(B) shall not be required to pay for training services or establish an individual training account for an eligible dislocated worker.
(5) Definitions
Except as otherwise specified, a term used in this subsection shall have the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(6) Rule of construction
Nothing in this subsection shall be construed to provide an individual with an entitlement to a service under this subsection or under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.) or to mandate a State or local area to provide a service if Federal funds are not available for such service.
Section 302. Job training grants
.
Section 303. Access to National Directory of New Hires
Section 453(j)(8) of the Social Security Act (42 U.S.C. 653(j)(8)) is amended—
(1) in subparagraph (A)—
(A) by inserting or conducting the reporting and evaluation activities required under section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141) after State law; and
(B) by striking such program and inserting such programs; and
(2) in subparagraph (C)(i), by striking purposes of administering a program referred to and inserting the purposes specified.
(1) Section 8041(g)(2)(C) of the SUPPORT for Patients and Communities Act (29 U.S.C. 3225a(g)(2)(C)) is amended by striking section 172(f) of such Act (29 U.S.C. 3227(f)) and inserting section 175(h) of such Act (29 U.S.C. 3227(h)).
(2) Section 60302(23) of the Digital Equity Act of 2021 (47 U.S.C. 1721(23)) is amended by striking section 3(66) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(66)) and inserting section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(a) In general
From the amounts appropriated under subsection (c), the Secretary (acting through the Office of Disability Employment Policy in partnership with the Employment and Training Administration), in partnership with the Administration for Community Living of the Department of Health and Human Services and the Office of Special Education and Rehabilitative Services of the Department of Education, shall establish a Center for Technical Assistance for Transforming to Competitive Integrated Employment to—
(1) provide technical assistance to employers who are transitioning from employing individuals with disabilities using special certificates on such transition, which shall include technical assistance on providing services that result in competitive integrated employment;
(2) provide technical assistance to State agencies seeking to support such employers described in paragraph (1) on such transition described in paragraph (1) on coordination and alignment of services and funding in support of such transition, including technical assistance on how such services and funding can result in competitive integrated employment;
(3) in providing the technical assistance describing in paragraphs (1) and (2), coordinate such technical assistance with education materials and opportunities made available through existing technical assistance provided by—
(A) the Office of Disability Employment Policy;
(B) the Employment and Training Administration;
(C) the Administration for Community Living of the Department of Health and Human Services; and
(D) the Office of Special Education and Rehabilitative Services of the Department of Education; and
(4) in providing the technical assistance described in paragraphs (1) and (2), make use of technical assistance that is in existence on the date of enactment of this Act, including the CIE Transformation Hub, the Advancing State Policy Integration for Recovery and Employment Initiative, and the National Expansion of Employment Opportunities Network.
(b) Definitions
In this section:
(1) Competitive integrated employment
The term competitive integrated employment has the meaning given the term in section 7(5) of the Rehabilitation Act of 1973 (29 U.S.C. 705(5)).
(2) Disability
The term disability includes any intellectual, developmental, mental health, or other disability.
(3) Individuals with disabilities
The term individuals with disabilities means individuals described in section 14(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)).
(4) Secretary
The term Secretary means the Secretary of Labor.
(5) Special certificate
The term special certificate means a special certificate issued under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)).
(6) State
The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the territory of Guam.
Section 501. Report on data capability and interoperability of Federal and State databases and data exchange agreements
The Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) is amended by striking section 505 and inserting the following:
(a) In general
The Comptroller General of the United States shall prepare and submit an interim report and a final report to Congress regarding existing Federal and State databases and data exchange agreements, as of the date of the report, and the interoperability of data in such databases and agreements, that contain job training information relevant to the administration of programs authorized under this Act (as amended by the A Stronger Workforce for America Act of 2026) and the amendments made by this Act (as so amended).
(b) Requirements
The report required under subsection (a) shall—
(1) list existing Federal and State databases and data exchange agreements described in subsection (a) and, for each, describe—
(A) the purposes of the database or agreement;
(B) the data elements, such as wage and employment outcomes, contained in the database or accessible under the agreement;
(C) the data elements described in subparagraph (B) that are shared between States;
(D) the Federal and State workforce training programs from which each Federal and State database derives the data elements described in subparagraph (B);
(E) the number and type of common data elements across such databases and data exchange agreements;
(F) the number and type of Federal and State agencies having access to such data;
(G) the number and type of private research organizations having access to, through grants, contracts, or other agreements, such data;
(H) whether the database or data exchange agreement provides for opt-out procedures for individuals whose data is shared through the database or data exchange agreement; and
(I) the volume of data being shared and applied to improve performance accountability and effectiveness of programs under this Act;
(2) study the effects that access by State workforce agencies and the Secretary of Labor to the databases and data exchange agreements described in subsection (a) would have on efforts to carry out this Act and the amendments made by this Act, and on individual privacy;
(3) explore opportunities to enhance—
(A) the quality, reliability, timeliness, and reporting frequency of the data included in such databases and data exchange agreements; and
(B) the commonality and interoperability of data elements included in such databases and data exchange agreements;
(4) describe, for each database or data exchange agreement considered by the study described in subsection (a), the number of individuals whose data is contained in each database or accessible through the data agreement, and the specific data elements contained in each that could be used to personally identify an individual;
(5) include the number of data breaches having occurred since 2014 to data systems administered by Federal and State agencies;
(6) include the number of data breaches regarding any type of personal data having occurred since 2014 to private research organizations with whom Federal and State agencies contract for studies;
(7) include a survey of the security protocols used for protecting personal data, including best practices shared amongst States for access to, and administration of, data elements stored and recommendations for improving security protocols for the safe warehousing of data elements;
(8) include an evaluation of the State wage interchange system developed by the Department of Labor and report on the effectiveness of the system in facilitating data exchange between State agencies for the purpose of assessing and reporting on State and local performance for the programs authorized under this Act;
(9) include an assessment of the feasibility, costs, and potential impacts of establishing federally-designated, transparent, interoperable, and nonproprietary data exchange standards using human readable and machine actionable data formats for necessary categories of information that a State agency operating a program under this Act may receive through each database or data exchange agreement described in subsection (a);
(10) include a survey of—
(A) customer service and outcome management systems utilized by States for programs under each title of this Act;
(B) the level of interoperability (if any) of such systems;
(C) whether any State has successfully connected such a system serving a program under a title of this Act with such a system serving a program under another title of this Act; and
(D) the benefits achieved through any such connection; and
(11) describe the most significant developments and advancements pertaining to Federal and State databases and data exchange agreements described in subsection (a) since the final report was submitted by the Comptroller General to Congress under this section, as in effect on the day before the date of enactment of the A Stronger Workforce for America Act of 2026.
(1) Interim report
Not later than 18 months after the date of enactment of the A Stronger Workforce for America Act of 2026, the Comptroller General shall prepare and submit to Congress an interim report regarding the initial findings of the report required under this section.
(2) Final report
Not later than 2 years after the date of enactment of the A Stronger Workforce for America Act of 2026, the Comptroller General shall prepare and submit to Congress the final report required under this section.
Section 501. Report on data capability and interoperability of Federal and State databases and data exchange agreements
.
(1) In general
This Act, and the amendments made by this Act, shall take effect on the first day of the first full program year after the date of enactment of this Act, except as otherwise provided in this Act.
(2) Performance accountability system
The amendments made to section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141) by this Act shall take effect on the first day of the second full program year after the date of enactment of this Act, except that—
(A) the amendments to clauses (iii) through (v) of subsection (b)(3)(A) of that section 116 shall take effect on January 1, 2027; and
(B) the amendment to paragraph (1) of subsection (d) of that section 116, the amendments to subsections (i) and (j) of that section 116 that are made by section 119(g) of this Act, and the amendment to subsection (k) of that section 116, shall take effect on the day that is 1 year after the date of enactment of this Act.
(3) One-stop delivery system
The amendments made to section 121 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151) by this Act shall take effect on the first day of the second full program year after the date of enactment of this Act.
(4) Youth workforce investment activities
The amendments made to section 129 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164) by this Act shall take effect on the first day of the second full program year after the date of enactment of this Act.
(5) Adult and dislocated worker activities
The amendments made to section 134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174) by this Act shall take effect on the first day of the second full program year after the date of enactment of this Act.
(6) Job Corps management information requirements
The amendments made to section 159 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3209) by this Act shall take effect on the first day of the second full program year after the date of enactment of this Act.
(1) Eligible providers of training services
Each Governor and local board shall implement the requirements of section 122 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152), as amended by this Act, not later than the first day of the second full program year after the date of enactment of this Act. In order to facilitate early implementation of that section 122, the Governor may establish transition procedures under which eligible providers of training services under chapter 1 of subtitle B of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151 et seq.), as such chapter was in effect on the day before the date of enactment of this Act, may continue to be eligible to provide such services until December 31, 2027, or until such earlier date as the Governor determines to be appropriate.
(A) Modification of plans
Not later than the first day of the second full program year after the date of enactment of this Act—
(i) each Governor of a State shall submit to the Secretary of Labor any modifications to the State plan in effect for such State that are necessary for the State plan to comply with the amendments made by this Act to section 102 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112); and
(ii) each local board shall submit to the Governor of a State any modifications to the local plan in effect for the local area served by the local board that are necessary for the local plan to comply with the amendments made by this Act to section 108 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3123).
(B) New plans
Not later than the first day of the fourth full program year after the date of enactment of this Act—
(i) each Governor of a State shall submit to the Secretary of Labor a new State plan for such State that complies with the requirements of section 102 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112), as amended by this Act; and
(ii) each local board shall submit to the Governor of a State a new local plan for the local area served by the local board that complies with the requirements of section 108 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3123), as amended by this Act.
(3) Definitions
In this subsection, the terms local board, local plan, State, State plan, and training services have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(1) Repeal
Subsections (a) through (e) of section 503 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3343) are repealed.
(2) Regulations
Section 503 of such Act is amended—
(A) by redesignating subsections (f) and (g) as subsections (a) and (b), respectively;
(B) by amending subsection (a), as so redesignated, to read as follows:
(1) Proposed regulations
Not later than 180 days after the date of enactment of the A Stronger Workforce for America Act of 2026, the Secretary shall develop and publish in the Federal Register proposed regulations relating to the transition to, and implementation of, the A Stronger Workforce for America Act of 2026, including the amendments to this Act made by the A Stronger Workforce for America Act of 2026.
(2) Final regulations
Not later than 12 months after the date of enactment of the A Stronger Workforce for America Act of 2026, the Secretary shall develop and publish in the Federal Register final regulations relating to the transition to, and implementation of, the A Stronger Workforce for America Act of 2026, including the amendments to this Act made by the A Stronger Workforce for America Act of 2026.
(B) ; and
(C) in subsection (b), as so redesignated, by striking subsection (f) and inserting subsection (a).
(3) Effective date
The amendments made by this subsection shall take effect on the date of enactment of this Act.