Sec. 101. Definitions
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Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is amended by amending paragraph
(5)to read as follows: The term foundational skill needs means, with respect to an individual who is a youth or adult, that the individual— has English reading, writing, or computing skills at or below the 8th grade level on a generally accepted standardized test; or is unable to compute or solve problems, or read, write, or speak English, or does not possess digital literacy skills, at a level necessary to function on the job, in the individual’s family, or in society. . Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is further amended by amending paragraph
(14)to read as follows: The term employer-directed skills development means a program— that is selected or designed to meet the specific skill demands of an employer (including a group of employers); 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 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— 10 percent of the cost, in the case of an employer with 50 or fewer employees; 25 percent of the cost, in the case of an employer with more than 50, but fewer than 100 employees; and 50 percent of the cost, in the case of an employer with 100 or more employees. . Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is further amended by amending paragraph (16), in the matter preceding subparagraph (A), by striking family members and inserting a family member . Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is further amended by amending paragraph (18), by striking out-of-school and inserting opportunity . Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is further amended by amending paragraph (21)— in the heading, by striking ; and language by striking language . Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is further amended by amending paragraph (38)— in the heading, by striking and inserting Offender ; and Justice-involved individual in the matter preceding subparagraph (A), by striking offender and inserting justice-involved individual . Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is further amended by amending paragraph (46)— in the heading, by striking and inserting Out-of-school ; and Opportunity by striking out-of-school and inserting opportunity . Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is further amended by amending paragraph
(47)to read as follows: The term pay-for-performance contract strategy means a specific type of performance-based acquisition that uses pay-for-performance contracts in the provision of services described in paragraphs
(2)or
(3)of section 134(c) or activities described in section 129(c)(2), and includes— contracts, each of which— 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 (including individuals with barriers to employment), within a defined timetable; may not be required by the Secretary to be informed by a feasibility study; and may provide for bonus payments to such service provider to expand capacity to provide effective training; a strategy for validating the achievement of the performance described in subparagraph (A); and 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 procurement strategy, subject to section 189(g)(4). . Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is further amended by amending paragraph (51)— in the matter preceding subparagraph (A), by inserting , through a rapid response unit after designated by a State ; in subparagraph (B), by inserting before the semicolon at the end the following: , including 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 ) in subparagraph (D), by striking and at the end; by redesignating subparagraph
(E)as subparagraph (F); by inserting after subparagraph
(D)the following new paragraph: assistance in identifying employees eligible for assistance, including workers who work a majority of their time off-site or remotely; ; in paragraph (F), as so redesignated, by striking the period at the end and inserting ; and ; and by adding at the end the following: business engagement or layoff aversion strategies and other activities designed to prevent or minimize the duration of unemployment, such as— connecting employers to short-term compensation or other programs designed to prevent layoffs; conducting employee skill assessment and matching programs to different occupations; establishing incumbent worker training or other upskilling approaches, including incumbent worker upskilling accounts described in section 134(d)(4)(E); facilitating business support activities, such as connecting employers to programs that offer access to credit, financial support, and business consulting; and 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. . Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is further amended by adding at the end the following: The term co-enrollment means simultaneous enrollment in more than one of the programs or activities carried out by a one-stop partner in section 121(b)(1)(B). The term digital literacy skills has the meaning given the term in section 203. The term evidence-based , when used with respect to an activity, service, strategy, or intervention, means an activity, service, strategy, or intervention that— demonstrates a statistically significant effect on improving participant outcomes or other relevant outcomes based on— strong evidence from at least 1 well-designed and well-implemented experimental study; moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; or demonstrates a rationale based on high-quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and includes ongoing efforts to examine the effects of such activity, service, strategy, or intervention. The term labor organization has the meaning given the term in section 2(5) of the National Labor Relations Act ( 29 U.S.C. 152(5) ). 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 ). .
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