Sec. 119. Performance accountability system
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Section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A) ) is amended— in clause (i)— in subclause (II)— by striking fourth and inserting second ; and by inserting and remain in unsubsidized employment during the fourth quarter after exit from the program after the program ; in subclause (V)— by striking , during a program year, ; by striking are in and inserting enter into ; and by inserting before the semicolon at the end the following: within 6 months after the quarter in which the participant enters into the education and training program ; and by amending subclause
(VI)to read as follows: of the program participants who received training services and who exited the program during a program year, the percentage of such program participants who completed, prior to such exit, on-the-job training, employer-directed skills development, incumbent worker training, or an apprenticeship. ; in clause (ii)— in subclause (II), by striking and at the end; in subclause (III), by striking the period at the end and inserting ; and ; and by adding at the end the following: the percentage of program participants who, during a program year, participate in paid or unpaid work experiences as described in section 129(c)(2)(C). ; and by striking clause (iv). Section 116(b)(3)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(3)(A) ) is amended— by amending clause
(iii)to read as follows: For each State submitting a State plan, the Secretaries of Labor and Education shall— not later than December 1 of the year prior to the year in which such State plan is submitted, for the first 2 program years covered by the State plan, and not later than December 1 of the year prior to the third program year covered by the State plan, for the third and fourth program years covered by the State plan, propose 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— be consistent with the factors listed in clause (v); and be proposed in a manner that ensures sufficient time is provided for the State to evaluate and respond to such proposals; and 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 proposed level of performance. Each State shall— evaluate each of the expected levels of performance proposed under subclause
(I)with respect to such State; based on such evaluation of each such proposed level of performance— accept the expected level of performance as so proposed; or provide a counterproposal for such proposed 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 proposed expected level of performance; and 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— the expected level of performance proposed under subclause (I); the counterproposal for such proposed level, if any; and the expected level of performance that is agreed to under clause (iv). ; and in clause (v)(II)— in the matter preceding item (aa), by striking based on and inserting based on each of the following considerations that are found to be predictive of performance on an indicator for a program ; and in item (bb), by inserting , foster care status, school status, education level, highest grade level completed, low-income status after ex-offender status . Section 116(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(d) ) is amended— by amending paragraph
(1)to read as follows: Not later than 12 months after the date of enactment of the A Stronger Workforce for America Act , the Secretary of Labor, in conjunction with the Secretary of Education, shall develop, or review and modify, as appropriate, to comply with the requirements of this subsection, the template 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 boards to produce a report on outcomes achieved by the core programs. In developing, or reviewing and modifying, such templates, the Secretary of Labor, in conjunction with the Secretary of Education, 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. In developing, or reviewing and modifying, the template under subparagraph (A), the Secretary of Labor, in conjunction with the Secretary of Education, shall ensure that performance reports produced by States and local areas for core programs and eligible training providers collect and report, in a comparable and uniform format, common data elements, which use terms that are assigned identical meanings across all such reports. The Secretary of Labor, in conjunction with the Secretary of Education— in addition to the common data elements described under subparagraph (B), may require a core program to provide additional information as necessary for effective reporting; and shall periodically review any requirement for additional information to ensure the requirement is necessary and does not impose an undue reporting burden. ; in paragraph (2)— by redesignating subparagraphs
(J)through
(L)as subparagraphs
(K)through (M), respectively and inserting after subparagraph
(I)the following: the median earnings gain of participants who received training services, calculated as the difference between— median participant earnings in unsubsidized employment during the second quarter after program exit, and median participant earnings in the second quarter prior to entering the program; ; and in subparagraph (L), as so redesignated, by striking clause (ii); and by striking strategies for programs and all that follows through the performance , and inserting strategies for programs, the performance ; in paragraph (3)— in subparagraph (B), by striking and at the end; by redesignating subparagraph
(C)as subparagraph (E); and by inserting after subparagraph
(B)the following: the percentage of a 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); the percentage of a local area’s allocation under section 133(b) that the local area spent on supportive services; and ; by amending paragraph
(4)to read as follows: 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)— with respect to each program of study (or the equivalent) of such a provider— 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 the total number of individuals exiting from the program of study (or the equivalent); and with respect to all such providers— 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, during the most recent program year and the 3 preceding program years; the total number of participants who exited from training services, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years; 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; and 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 with respect to each recognized postsecondary credential on the list of credentials awarded by eligible providers in the State described in section 116(d)(2)— 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 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 with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age. ; and 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— is easily understandable; and can be easily included in web-based tools and services supporting search, discovery, comparison, analysis, navigation, and guidance; and in a printable format. ; and in subparagraph (B)— by striking (including by electronic means), in an easily understandable format, ; and by adding at the end the following: The Secretary of Labor and the Secretary of Education shall include, on the website where the State performance reports required under subparagraph
(A)are made available, a link to local area performance reports and the eligible training provider report for each State. Such reports shall be made available in each of the formats described in subparagraph (A). . Section 116(e) of the Workforce Innovation and Opportunity Act( 29 U.S.C. 3141(e) ) is amended— in paragraph (1)— by striking shall conduct ongoing and inserting shall use data to conduct analyses and ongoing ; and by striking conduct the and inserting conduct such analyses and ; and in paragraph (2), by adding A State may use other 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. Section 116(f) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(f) ) is amended to read as follows: If a State fails to meet 80 percent of the State adjusted level of performance for an indicator described in subsection (b)(2)(A) for a program for any program year, the Secretary of Labor and the Secretary of Education shall provide technical assistance. If the State fails in the manner described in subclause
(I)or
(II)of clause
(ii)with respect to a program year, the percentage of each amount that would (in the absence of this paragraph) be reserved by the Governor under section 128(a)(1) for the immediately succeeding program year shall be reduced by 5 percentage points until such date as the Secretary of Labor or the Secretary of Education, as appropriate, determines that the State meets the State adjusted level of performance, in the case of a failure described in clause (ii)(I), or has submitted the reports for the appropriate program years, in the case of a failure described in clause (ii)(II). A State shall be subject to clause (i)— if (except in the case of exceptional circumstances as determined by the Secretary of Labor or the Secretary of Education, as appropriate), such State fails to submit a report under subsection
(d)for any program year; or for a failure under subparagraph
(A)that continues for a second consecutive year. If a State fails to meet an average of 90 percent of the State adjusted levels of performance for a program across all performance indicators 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 performance indicator across all programs for any program year, the Secretary of Labor and the Secretary of Education shall provide technical assistance, as described and authorized under section 168(b), including assistance in the development of a comprehensive performance improvement plan. If such failure under subparagraph
(A)continues for a second consecutive year, the percentage of each amount that would (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 10 percentage points until such date as the Secretary of Labor or the Secretary of Education, as appropriate, determines that the State meets such State adjusted levels of performance. Any amounts not reserved under section 128(a)(1) for a State for a program year pursuant to paragraph (1)(B) or (2)(B) of this subsection shall be realloted to other States in a manner consistent with paragraph (1)(B) or (2)(B) of section 132(b). . Section 116(g) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(g) ) is amended— in paragraph (1)— by inserting 80 percent of the before local performance ; and by striking accountability measures and inserting accountability levels of performance on an indicator of performance, an average of 90 percent of the local levels of performance across indicators for a single program, or an average of 90 percent for a single performance indicator across all programs ; and in paragraph (2)— by amending subparagraph
(A)to read as follows: If such failure continues, the Governor shall take corrective actions, which shall include— in the case of a failure, for a second consecutive year, on any individual indicator, across indicators for a single program, or on a single indicator across programs, a 5-percent reduction in the amount that would have otherwise been provided (in the absence of this clause) 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; in the case of a failure, as described in paragraph (1), for a third consecutive year, the development of a reorganization plan through which the Governor shall— require the appointment and certification of a new local board, consistent with the criteria established under section 107(b); prohibit the use of one-stop partners identified as achieving a poor level of performance; and revise or 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 other significant actions determined appropriate by the Governor. ; in subparagraph (B)(i), by inserting
(ii)after subparagraph
(A); and by adding at the end the following: Any amounts not allocated under chapter 2 or 3 of subtitle B to a local area for a program year pursuant to subparagraph (A)(i) shall be reallocated to other local areas in a manner consistent with subparagraph
(A)or
(B)of section 133(b)(2) or subparagraph
(A)of section 128(b)(2), as applicable. . 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 the funds reserved under section 128(a)(1) . Section 116(i) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(i) ) is amended— in 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 ( after 42 U.S.C. 653(j)(8) ) State law ; by redesignating paragraph
(3)as paragraph (4); and by inserting after paragraph
(2)the following: The Governor shall designate a State agency (or appropriate State entity) to assist in carrying out the performance reporting requirements for core programs and eligible training providers. The designated State agency (or appropriate State entity) shall be responsible for— facilitating data matches using quarterly wage record information, including wage record information made available by other States, to measure employment and earnings outcomes; data validation and reliability, as described in subsection (d)(5); and protection against disaggregation that would violate applicable privacy standards, as described in subsection (d)(6)(C). .
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