[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 269 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 269

     To provide funding for employment and training activities for 
         dislocated workers and adults, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 15, 2009

 Mrs. Murray (for herself, Mr. Brown, and Ms. Stabenow) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
     To provide funding for employment and training activities for 
         dislocated workers and adults, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Retooling America's Workers for a 
Green Economy Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In October 2008, the numbers of mass layoffs (involving 
        over 50 workers at one time) and initial unemployment claims 
        reached their highest levels since 2001. According to the 
        National Renewable Energy Laboratory, however, a major barrier 
        to more rapid adoption of clean and renewable energy and energy 
        efficiency measures is the lack of sufficient workers skilled 
        in green technology.
            (2) In December 2008, unemployment figures showed a sharp 
        deterioration in the economy. The unemployment rate rose from 
        6.8 percent in November, to 7.2 percent in December, of 2008. 
        Employers shed 524,000 jobs in December 2008, and 1,900,000 
        jobs were lost over just the last 4 months of 2008. These job 
        losses were widespread across most major industry sectors.
            (3) According to the Bureau of Labor Statistics, 11,100,000 
        people were unemployed in December 2008, an increase of 
        3,600,000 people since the recession started in December 2007. 
        In December 2008, the number of workers who wanted to work 
        full-time but worked part-time because their hours were cut or 
        they could not find full-time jobs reached 8,000,000, up 
        3,400,000 since December 2007.
            (4) Analysts say that the Nation has yet to see the worst 
        of the economic fallout. The latest prediction from HIS Global 
        Insight forecasts that unemployment will be an estimated 8.6 
        percent by the end of 2009.
            (5) The reality of climate change and a shared desire to 
        protect the environment for future generations have the 
        potential to spur economic growth in green-collar jobs across 
        the industrial spectrum. In order to prepare United States 
        workers to build greener communities in both urban and rural 
        settings, the Nation will need to make an investment in skills 
        development for jobs in the current and future economies.

SEC. 3. PURPOSE.

    The purpose of this Act is to retool America's workers--including 
dislocated workers, those who are long-term unemployed individuals, and 
those who are low-skilled individuals, limited English proficient 
individuals, individuals with disabilities, or older workers--for 
green-collar industries, for existing viable industries, and for new 
and emerging industries so that the workers described in this section 
can contribute to the long-term competitiveness of the United States 
and its quality of life.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) In general.--The terms ``adult'', ``chief elected 
        official'', ``dislocated worker'', ``employment and training 
        activities'', ``individual with a disability'', ``local area'', 
        ``local board'', ``outlying area'', ``rapid response 
        activities'', ``Secretary'', ``State'', and ``State board'' 
        have the meanings given the terms in section 101 of the 
        Workforce Investment Act of 1998 (29 U.S.C. 2801).
            (2) Community college.--The term ``community college'' 
        means a 2-year institution of higher education, as defined in 
        section 101 of the Higher Education Act of 1965 (20 U.S.C. 
        1001).
            (3) Green-collar industries.--The term ``green-collar 
        industries'' means industries throughout the economy of the 
        United States--
                    (A) that promote energy efficiency, energy 
                conservation, and environmental protection, including 
                promoting renewable energy and clean technology;
                    (B) that offer jobs with substantial pay and 
                benefits; and
                    (C) that are industries in which there is likely to 
                be continued demand for workers.

SEC. 5. ACTIVITIES FOR DISLOCATED WORKERS.

    (a) General Authority.--The Secretary is authorized to reserve 
$2,000,000,000 of the funds appropriated under this Act for rapid 
response activities, for dislocated worker employment and training 
activities under chapter 5 of subtitle B of title I of the Workforce 
Investment Act of 1998 (29 U.S.C. 2861 et seq.), or for employment and 
training assistance and additional assistance under section 173(a) of 
such Act (29 U.S.C. 2918(a)).
    (b) National Emergency Grants.--Of the reserved funds, the 
Secretary may use not more than $500,000,000 to award national 
emergency grants--
            (1) to provide employment and training assistance to 
        workers affected by major economic dislocations under section 
        173(a)(1) of such Act (29 U.S.C. 2918(a)(1)); and
            (2) to provide additional assistance under section 
        173(a)(3) of such Act (29 U.S.C. 2918(a)(3)) to a State or 
        local board that meets the requirements of that section (in a 
        case in which the expended funds involved were expended for 
        assistance described in paragraph (1)).
    (c) State Activities.--
            (1) In general.--After determining an amount from the 
        reserved funds to be used under subsection (b), the Secretary 
        may use the remaining funds to make allotments to States, and 
        outlying areas, consistent with the allotment formula under 
        section 132(b)(2) of such Act (29 U.S.C. 2862(b)(2)). Each 
        State or outlying area may use 25 percent of the State's or 
        outlying area's allotment for statewide rapid response 
        activities for permanent closures or mass layoffs described in 
        section 101(38) of such Act (42 U.S.C. 2801(38)) and efforts to 
        avert future permanent closures or mass layoffs described in 
        such section.
            (2) Use of dislocated workers to provide activities.--In 
        providing statewide rapid response activities, States or 
        entities designated by States (and outlying areas or entities 
        designated by outlying areas), working in conjunction with 
        local boards and chief elected officials, may enhance their 
        services by employing dislocated workers to provide outreach, 
        informal coaching, counseling or mentoring support, and 
        information to other dislocated workers or unemployed persons.
    (d) Local Activities.--
            (1) In general.--Each State or outlying area shall use 75 
        percent of the State's or outlying area's allotment to make 
        allocations directly to local boards, for local areas, using 
        the formula under section 133(b)(2)(B) of such Act (29 U.S.C. 
        2863(b)(2)(B)).
            (2) Priority.--A local board that receives an allocation 
        under paragraph (1) shall use the funds made available through 
        the allocation for dislocated worker employment and training 
        activities. In providing the activities the local board shall 
        give priority to providing the employment and training 
        activities, including on-the-job training, in viable industries 
        identified at the regional or local levels, including green-
        collar industries.
    (e) Report to Secretary.--Each State, in submitting an annual 
report under section 136(d) of such Act (29 U.S.C. 2871(d)), shall 
include information on entry of individuals who participated in 
employment and training activities in green-collar industries and other 
viable industries under this section into unsubsidized employment in a 
green-collar industry or other viable industry.
    (f) Report to Congress.--The Secretary shall annually prepare and 
submit to the appropriate committees of Congress information on entry 
of individuals who received services under subsection (b) into 
unsubsidized employment in a green-collar industry or other viable 
industry.

SEC. 6. ACTIVITIES FOR ADULTS WITH MULTIPLE BARRIERS TO EMPLOYMENT.

    (a) Purpose.--The purpose of this section is to fully utilize the 
Nation's human capital by--
            (1) helping adults with multiple barriers to employment 
        acquire the skills to obtain jobs in viable industries, by 
        providing intensive services, training services, and other 
        employment and training activities; and
            (2) in particular, by providing employment and training 
        activities in green-collar industries and other viable 
        industries.
    (b) Definition.--The term ``adult with multiple barriers to 
employment'' means an adult who is long-term unemployed, a low-skilled 
individual, limited English proficient, an individual with a 
disability, or an older worker, with multiple barriers to finding a job 
in a viable industry.
    (c) General Authority.--The Secretary is authorized to reserve 
$800,000,000 of the funds appropriated under this Act to carry out this 
section. The Secretary shall use the reserved funds to make allotments 
to States and outlying areas, consistent with the allotment formula 
under section 132(b)(1) of the Workforce Investment Act of 1998 (29 
U.S.C. 2862(b)(1)) to provide employment and training activities to 
adults with multiple barriers to employment.
    (d) State Activities.--Each State or outlying area may use 10 
percent of the State's or outlying area's allotment to assist local 
boards in providing employment and training activities to adults with 
multiple barriers to employment, and assist the adults in attaining 
jobs in viable industries, with as much flexibility as is practicable. 
In providing assistance under this subsection, the State or outlying 
area may provide aid that includes assistance with system alignment 
(described in subsection (e)(1)(D)), the provision of capacity building 
and professional development activities for staff, and the provision of 
enhanced regional sector-based labor market information.
    (e) Local Activities.--
            (1) In general.--Each State or outlying area shall use 90 
        percent of the State's or outlying area's allotment to make 
        grants, on a competitive basis, to local boards for local 
        areas, to provide employment and training activities to adults 
        with multiple barriers to employment.
            (2) Priority.--In making the grants, the chief executive 
        officer of the State or outlying area, in consultation with the 
        State board involved, shall give priority to those local boards 
        that--
                    (A) align their local areas to create regions that 
                reflect natural labor markets or economic development 
                districts;
                    (B) reflect regional strategic partnerships 
                described in paragraph (3) among local boards, industry 
                (including business and labor), schools (including 
                community colleges), and other community organizations 
                to provide coherent programs of employment and training 
                activities;
                    (C) make special efforts to conduct outreach and 
                provide services to adults with multiple barriers to 
                employment who need to advance their careers or seek 
                second careers due to the economic downturn;
                    (D) align adult education, career and technical 
                education, workforce investment, economic development, 
                and related systems and resources to provide career 
                pathway strategies for helping low-skilled individuals 
                navigate through the continuum of needed education and 
                supports, to ultimately achieve a postsecondary 
                education credential or an industry-recognized 
                certificate and a job leading to economic self-
                sufficiency;
                    (E) provide an assurance that the local board will 
                use at least 90 percent of the grant funds for 
                intensive services described in section 134(d)(3)(C) 
                and training services described in section 134(d)(4)(D) 
                of such Act (29 U.S.C. 2864(d)(3)(C), 2864(d)(4)(D)), 
                without regard to the eligibility requirements of 
                section 134(d) of such Act (29 U.S.C. 2864(d)).
            (3) Strategic partnership.--
                    (A) In general.--For purposes of this section, a 
                strategic partnership shall, in particular, be composed 
                of at least 1 representative of a local board serving a 
                community, and of each of the 8 types of organizations 
                described in subparagraph (B).
                    (B) Types of organizations.--The types of 
                organizations referred to in subparagraph (A) are 
                businesses, unions, labor-management partnerships, 
                schools (including community colleges), public 
                agencies, nonprofit community organizations, economic 
                development entities, and philanthropic organizations, 
                that are actively engaged in providing employment and 
                training activities, including work opportunities and 
                support, to adults with multiple barriers to 
                employment.
    (f) Report to Secretary.--
            (1) In general.--Each State, in submitting an annual report 
        under section 136(d) of such Act (29 U.S.C. 2871(d)), shall 
        include information--
                    (A) on acquisition of a recognized postsecondary 
                education credential or an industry-recognized 
                certificate by adults with multiple barriers to 
                employment who participated in employment and training 
                activities under this section;
                    (B) on entry of such adults, who participated in 
                such activities, into positions in unsubsidized 
                employment in viable industries; and
                    (C) for adults referred to in subparagraph (B), on 
                average wages in such positions.
            (2) Refinements.--In establishing standards for the 
        reports, the Secretary shall refine indicators to eliminate any 
        unintended consequences for adults with multiple barriers to 
        employment, or such adults who may need and seek less than 
        full-time employment along a career path.

SEC. 7. ENERGY EFFICIENCY AND RENEWABLE ENERGY WORKER TRAINING PROGRAM.

    The Secretary shall reserve $625,000,000 of the funds appropriated 
under this Act to carry out section 171(e) of the Workforce Investment 
Act of 1998 (29 U.S.C. 2916(e)).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary of Labor 
for activities described in this Act, $3,425,000,000, which shall be 
available for the period of January 1, 2009 through December 31, 2010.
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