Sec. 197. Make America Skilled Again grants
4,298 words·~20 min read·
/bill/119/hr/8210/ih/section-197A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 190 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3250 ) is amended to read as follows: The purpose of this section is to— 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 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.
Notwithstanding any other provision of subtitle A or B, except as otherwise provided in this section, during the pilot project period applicable to a pilot project approved for a State pursuant to subsection (d)(3), the Secretary, the Governor of a State participating in such pilot project on behalf of the State as a whole, local area, or consortium of local areas, and a local area or consortium of local areas on whose behalf a Governor is participating in such a pilot project, shall, as applicable, comply with each of the following:
Subject to paragraph (2), the Secretary shall waive for the State as a whole, or for the local area or the consortium of local areas selected by the State to carry out such pilot project, all the statutory and regulatory requirements of subtitles A and B. For each fiscal year applicable to a pilot period, the Secretary shall carry out the following: In a case of a State approved to carry out a pilot project under this section on behalf of the State as a whole, distribute as a consolidated sum to the State, for purposes of carrying out the project, the State’s total allotment for such fiscal year under— subsections (b)(1)(C) and
(c)of section 127; paragraphs (1)(B) and (2)(B) of section 132(b); and section 132(c). In a case of a local area selected by a State and approved to carry out a pilot project under this section, require the State to— distribute as a consolidated sum to the local board for such local area, for purposes of carrying out the project, the local area’s allocation for such fiscal year under— subsections
(b)and
(c)of section 128; and subsections
(b)and
(c)of section 133; or if the local board of the local area enters into a written agreement with the State for the State to serve as the fiscal agent for the local board during the pilot project, use the funds described in subclause
(I)for purposes of carrying out the project on behalf of the local board. In a case of a consortium of local areas selected by a State and approved to carry out a pilot project under this section, require the State to— distribute as a consolidated sum to the consortium, for purposes of carrying out the project, the total amount of the allocations for the local areas in such consortium for such fiscal year under— subsections
(b)and
(c)of section 128; and subsections
(b)and
(c)of section 133; or if the consortium enters into a written agreement with the State for the State to serve as the fiscal agent for the consortium during the pilot project, use the funds described in subclause
(I)for purposes of carrying out the project on behalf of such consortium. The Governor of a State participating in a pilot project on behalf of the State as a whole shall reserve not less than 25 percent of the consolidated sum allotted to the State, as described in subparagraph (B)(i), for the purpose of developing and implementing evidence-based workforce development activities in the State. Such activities— shall comply with the priority of service requirement described in subsection (e)(3); and may include strategies such as— innovative skills development programs to improve employment outcomes for jobseekers, incumbent workers, and dislocated workers; job training programs and assistance with removing barriers to employment for offenders; pre-apprenticeships, apprenticeships, and evidence-based workforce development and employment opportunities, including for youth (particularly out-of-school youth); the development and strengthening of industry or sector partnerships and training programs offered under such partnerships; the optimization of supportive service delivery and the integration of such services within the workforce system to promote retention in and completion of training programs for participants served under the pilot project; and other strategies as may be appropriate and necessary to achieve better outcomes for jobseekers, workers, employers, and taxpayers, as determined by the Governor. A local area or a consortium of local areas for which a pilot project is authorized under this section shall reserve not less than 25 percent of the consolidated sum allotted, as described in clause
(ii)or (iii), respectively, of subparagraph (B), to the local area or consortium of local areas, respectively, for the purpose of developing and implementing evidence-based workforce development activities described in subparagraph
(C)in the local area or local areas served by the consortium, respectively. A State, local area, or consortium of local areas carrying out a pilot project under this section shall comply with statutory or regulatory requirements of this Act relating to— performance accountability and reporting, except as otherwise provided in this section; the membership of local boards or State boards in instances where a State carrying out a pilot project will maintain the use of such local boards or State boards, respectively, during the pilot project period; the requirement to set minimum levels of performance on the criteria described in section 122(b)(2)(B) for any providers of training services that will receive funding under the pilot project; the establishment of the one-stop delivery system to make the services and activities carried out under the pilot project available to individuals in the State, local area, or consortium of local areas carrying out the pilot project, except that, of the requirements in section 121(e), such one-stop delivery system shall only be required to meet the requirements of paragraph
(2)of that section and only with respect to the services and activities of the pilot project; the fiscal and management accountability information systems described in section 116(j) and, in the case of a pilot project carried out by a local area or consortium of local areas, the provisions on fiscal integrity described in section 106; and the priority of service described in section 134(c)(3)(E). In carrying out a pilot project under this section, a State, local area, or consortium of local areas may only use a term defined in section 3 to describe an activity carried out under such pilot project if the State, local area, or consortium of local areas gives such term the same meaning as such term is given under such section. Nothing in subparagraph (A)(iv) shall be construed to prevent a State, local area, or consortium of local areas carrying out a pilot project under this section from deciding to maintain the one-stop delivery system in effect for the State, local area, or consortium, respectively, prior to the start of the pilot project. Not later than 180 days after the first pilot project is approved under this section, the Secretary shall contract with a third-party evaluator to conduct a rigorous evaluation of each pilot project approved under this section. The evaluation shall— cover the entire period of each pilot project; include a description of— the populations served under the pilot project, including with respect to individuals with barriers to employment served under the pilot project, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age; the services provided through the pilot project, the providers of such services, and the cost of such services, disaggregated by the type of service provided; if the pilot project is carried out by a State, the geographic distribution within the State of the services provided under the pilot project; and the workforce development systems in the State, local area, or consortium of local areas that were affected, and the nature of such effects, as a result of the pilot project; compare the employment and earnings outcomes of participants in activities carried out under the pilot project to— the outcomes of similarly situated individuals who do not participate in such activities and who are located in such State, such local area, or a local area in such consortium, as applicable; the outcomes of similarly situated participants in similarly situated States or local areas within such States, as applicable, that do not receive authority to carry out a pilot project under this section; and the outcomes of participants in activities under chapter 2 or 3 of subtitle B in the State, local area, or a local area in the consortium that was awarded a waiver prior to the award of such waiver; conduct a qualitative analysis that identifies any practices or strategies (including promising, evidence-based, or innovative practices and strategies) that— would not have been conducted without the waiving of statutory or regulatory provisions through the pilot project; and led to changes in employment and earnings outcomes for the participants, including employment and earnings outcomes for participants who are out-of-school youth and individuals with barriers to employment; and compare the outcomes for subclauses (I), (II), and
(III)of clause
(iii)with respect to the subpopulations described in section 116(d)(2)(B). Not later than 2 years after the final year of a pilot project approved under this section, 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 the results of the evaluation conducted under this paragraph. A pilot project approved under this section for a State, local area, or consortium— shall be carried out for a 5-year pilot project period; and may be renewed for an additional 4-year pilot project period, if the State, local area, or consortium— 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 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— 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 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). For each pilot period (including renewals of such period) the Secretary may not approve— 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 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). 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. 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— has met or exceeded expected levels of performance under the primary indicators of performance described in section 116(b)(2)(A); and meets the requirement described in subsection (e)(4). 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). Each application submitted by a State under this subsection shall include the following: A description of the pilot project to be carried out under this section, including— whether the project will be carried out— by the State as a whole; by a local area, and if so— an identification of— such local area; and 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 written verification from the local board for such local area that such local board agrees— to carry out such project; and to the fiscal agent identified in item (aa)(BB); or by a consortium of local areas in the State, and if so— an identification of— each local area that comprises the consortium; and 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 written verification from each local board of each local area identified in item (aa)(AA) that such local board agrees— to carry out such project as a consortium; and to the fiscal agent for the consortium identified in item (aa)(BB); a description of the activities to be carried out under the project, including— the activities to be carried out under the reservation required under subparagraph
(C)or
(D)of subsection (b)(1), as applicable; how the activities will comply with the priority of service described in subsection (e)(3); and how the activities will be made available through the one-stop delivery system described in subsection (b)(2)(A)(iv); 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 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. 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). 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. 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. 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. )). An explanation of— 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 the factors preventing jobseekers and employers in such areas from participating. An assurance that the State, local area, or consortium will meet the requirements of this section. The Secretary shall— 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 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— determines— that such application is subject to the limitations described in subsection (c)(2); or that such application fails to meet the requirements of this section; and 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). An explanation of initial disapproval provided by the Secretary to a State under subparagraph (A)(ii)(II) shall provide the State with— a detailed explanation of why the application does not meet the requirements of this section; and 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. 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). 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: For applications seeking a pilot project for the State as a whole— 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 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. 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. 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: 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). 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. 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. Serve a number of participants under the activities of the pilot project for each year of the pilot project period that— 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 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— prior to the Secretary’s approval of the application submitted under subsection (d); and after the Secretary takes into account— the goals the State, local area, or consortium intends to achieve through the pilot project; and the participants the State, local area, or consortium intends to serve under such project. Submit, on an annual basis, to the Secretary a report, with respect to such State, local area, or consortium— on participant outcomes for each indicator of performance described in subsection (f)(1)(A) for the activities carried out under the project; on the applicable requirements of section 116(d)(2), including— subparagraph
(B)of such section; and subparagraphs (C), (D), (E), (F), (G), and
(J)of such section, as such subparagraphs are applicable to activities under the pilot project; and 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. Comply with the statutory or regulatory requirements listed in subparagraphs
(A)and
(B)of subsection (b)(2). Each State shall describe in the application submitted under subsection (d), for each year of the pilot project period— 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 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). 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— 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 an alternate baseline level of performance that— 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 is agreed upon between the State and the Secretary— prior to the Secretary’s approval of the application submitted under subsection (d); and after the Secretary takes into account— the goals the State intends to achieve through the pilot project; and the participants the State intends to serve under such project. 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). 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— deemed to be levels of performance agreed to under section 116(b)(3)(A)(iv), for purposes of this paragraph; and 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). A State, local area, or consortium that is subject to such sanctions shall be ineligible to renew its pilot project period under subsection (c). With respect to a State with an approved pilot project for a local area or consortium of local areas in the State— 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 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. Except as provided under subsection (c)(1)(B), the Secretary may not approve a pilot project after December 31, 2031. .
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources