Sec. 102. Definitions

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Section 3(5) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(5) ) is amended 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, 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. .

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 . Section 3(14) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(14) ) is amended to read as follows: The term employer-directed skills development means skills development provided through a program— 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); 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 not more than 100 employees; and 50 percent of the cost, in the case of an employer with more than 100 employees. .

Section 3(15)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(15)(B) ) is amended— in clause (i), by inserting , including such a closure or layoff due to advances in automation technology before the semicolon; and in clause (iii), by striking section 134(c)(2)(A)(xii) and inserting section 134(c)(2)(B)(vii) . 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 .

Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is further amended— in paragraph (21)— in the heading, by striking ; and language by striking language ; and in paragraph (24)(I), by striking language . Section 3(24) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(24) ) is amended— in subparagraph (G), by striking ( and inserting 42 U.S.C. 14043e-2(6) )) ( ; 34 U.S.C. 12473(6) )) by redesignating subparagraphs

(I)through

(N)as subparagraphs

(J)through (O), respectively; by inserting after subparagraph

(H)the following: Out of school youth. ; and in subparagraph (K), as so redesignated, by striking section 167(i) and inserting 167(j) . Section 3(26) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(26) ) is amended— in subparagraph (A)(ii), by striking or another labor representative, as appropriate; and inserting and, to the extent practicable, another labor representative; ; and in subparagraph (B)— by redesignating clauses

(vi)through

(xi)as clauses

(viii)through (xiii), respectively; and by striking clause

(v)and inserting the following: State educational agencies or local educational agencies; 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; other State or local agencies; . 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) . Section 3(34) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(34) ) is amended to read as follows: 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. . 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) . Section 3(36)(A)(iii) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(36)(A)(iii) ) is amended by striking ( and inserting 42 U.S.C. 14043e-2(6) )) ( . 34 U.S.C. 12473(6) )) Section 3(47) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(47) ) is amended to read as follows: 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— 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 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 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; 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 contract strategy, subject to section 189(g)(2)(D). . Section 3(51) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(51) ) is amended— 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 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 ) in subparagraph (D), by striking and at the end; by redesignating subparagraph

(E)as subparagraph (F); by inserting after subparagraph

(D)the following new subparagraph: assistance in identifying workers eligible for assistance, including workers who work a majority of their time offsite or remotely; ; in subparagraph (F), as so redesignated, by striking the period at the end and inserting ; and ; and by adding at the end the following: the provision of 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 worker skill assessment, and programs to match workers to different occupations; establishing incumbent worker training or other upskilling approaches, including through 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(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 . 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, . 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 specified 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, or content of materials, means an activity, service, strategy, or intervention, or content of materials 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, service, 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 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. 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 ). 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 ). 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— is made available to the public; is used to match individuals with employment and learning opportunities in a State (or a consortium of States) using information provided by users, including— education and training providers; employers; jobseekers; students; and any other individual; and incorporates and allows users access to— the learning and employment records of users of such marketplace; a credential registry; and a skills profile generator. 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. The term learning and employment record means a digital, machine-readable record of an individual’s educational and employment history that— 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; 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 uses standardized terminology. 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— employment; hiring; or education. 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— provides a definition of such skill, competency, or outcome, and identifies the skills framework used for such definition; ensures that identical terms are used to describe substantially similar skills, competencies, or outcomes across such records, registries, and generators in such marketplace; and permits such terms to be effectively used for the purpose of matching individuals with employment and learning opportunities as described in subparagraph (A)(ii) . . 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.

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