Sec. 211. Performance accountability system
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Section 116 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141 ) is amended— in subsection (b)— in paragraph (2)— in subparagraph (A)— by amending clause
(i)to read as follows: The State primary indicators of performance for activities provided under the adult and dislocated worker programs authorized under chapter 3 of subtitle B, the program of adult education and family literacy activities authorized under title II, the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ) (except that subclauses
(V)and
(VI)shall not apply to such program), and the program authorized 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)), shall consist of— the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program; the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program; the median earnings of program participants who are in unsubsidized employment during the fourth quarter after exit from the program; the percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent (subject to clause (iii)), during participation in or within 1 year after exit from the program; and the percentage of program participants who are in an education or training program that leads to a recognized postsecondary credential or employment, and who are achieving measurable skill gains toward such a credential or employment. ; in clause (iii), by inserting before the period at the end the following: , unless such participants are enrolled in services under title II. by striking clause (iv); by amending subparagraph
(B)to read as follows: A State may identify in the State plan additional performance accountability indicators. The Secretary may identify additional indicators related to the quality of participants’ unsubsidized employment after exit from a program, including factors such as availability of paid time off, health, and retirement benefits, workplace safety and non-discrimination standards, predictable and stable work schedule, stackable credentials, and advancement opportunities. ; and in paragraph (3)(A)— by amending clause
(iii)to read as follows: The Secretary of Labor in conjunction with the Secretary of Education shall— propose expected levels of performance for each of the corresponding primary indicators of performance for each of the programs described in clause
(ii)for each State for the first 2 program years covered by the State plan, and for the third and fourth program years covered by the State plan, which shall be consistent with the factors listed under clause (v); and publish on a publicly accessible website— the statistical model developed under clause (viii), and the methodology used to develop each such proposed expected level of performance; and each such proposal. ; in clause (v)— in subclause (II)(bb)— by striking ex-offender status, and welfare dependency and inserting justice involvement, and receipt of public assistance ; and by inserting before the semicolon at the end ; and other factors the Secretary determines relevant ; by amending subclause
(III)to read as follows: take into account the extent to which the levels involved promote continuous improvement, which may reflect an increase in the level of performance accountability measures, a change in service strategy and delivery, or a change in the participants served by such State and ensure optimal return on the investment of Federal funds; and ; and by amending clause
(viii)to read as follows: The Secretary of Labor and the Secretary of Education, after consultation with the representatives described in paragraph (4)(B), shall— develop and disseminate an objective statistical model that will be used to make the adjustments in the State adjusted levels of performance for actual economic conditions and characteristics of participants under clauses
(v)and (vii); and publicly disclose the factors included in the statistical adjustment model in a report describing the model used to determine the adjusted levels of performance. ; in subsection (d)— in paragraph (2)— in subparagraph (F), by inserting , supportive, after career ; in subparagraph (H), by inserting and percentage after number ; and by redesignating subparagraph
(L)as subparagraph (M); and by inserting after subparagraph
(K)the following: information on earnings of participants 4 quarters prior to receiving career and training services and, to the extent data is available, in years 2 and 3 after exit from career and training services; ; in paragraph (6)— by amending subparagraph
(A)to read as follows: The Secretary of Labor and the Secretary of Education shall annually make available the performance reports for States containing the information described in paragraph (2), which shall include making such reports available— digitally using transparent, linked, open, and interoperable data formats that are human readable and machine actionable such that the data from these reports can be easily included in web-based tools and services supporting search, discovery, comparison, analysis, navigation, and guidance; electronically in easily understandable formats; and in paper-based formats, as necessary. ; by amending subparagraph
(B)to read as follows: The State shall, on an annual basis, make available the performance reports for the local areas containing the information described in paragraph
(3)and the performance reports for eligible providers of training services containing the information described in paragraph (4), which shall include making such reports available in each of the formats described in clauses
(i)through
(iii)of subparagraph (A). ; and in subparagraph (D), by striking the Workforce and inserting Labor ; by redesignating subsections (f), (g), (h), and
(i)as subsections (g), (h), (i), and (j), respectively; by inserting the following after subsection (e): Using funds authorized under a core program and made available to carry out this section, the State, in coordination with local boards in the State and the State agencies responsible for the administration of the core programs, shall annually prepare and submit to the Secretary a report on the progress of the State in achieving equitable outcomes in the State levels of performance relating to indicators described in subsection (b)(2)(A) for a program for any program year, which shall— identify and quantify any disparities or gaps in performance on such levels of performance for each such indicator between— individuals with barriers to employment; and individuals without such barriers to employment; and include a quantifiable description of the progress that individuals with barriers to employment have made in meeting such levels of performance. The information provided in subparagraphs
(A)and
(B)of paragraph
(1)shall be disaggregated— by industry sector; and by each subpopulation of individuals with barriers to employment (as defined in section 3). The Secretary shall make the information contained in such reports available to the general public in a manner consistent with the requirements described in subsection (d)(6)(A). .
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