[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4239 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4239

   To promote workforce recovery through the provision of additional 
 training services and workforce investment activities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2020

  Mr. Daines (for himself and Mr. Alexander) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To promote workforce recovery through the provision of additional 
 training services and workforce investment activities, 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 ``Workforce Recovery and Training 
Services Act of 2020''.

SEC. 2. WORKFORCE RECOVERY AND TRAINING SERVICES.

    (a) Definitions.--In this section:
            (1) Qualifying emergency.--The term ``qualifying 
        emergency'' means--
                    (A) a public health emergency related to the 
                coronavirus declared by the Secretary of Health and 
                Human Services pursuant to section 319 of the Public 
                Health Service Act (42 U.S.C. 247d);
                    (B) an event related to the coronavirus for which 
                the President declared a major disaster or an emergency 
                under section 401 or 501, respectively, of the Robert 
                T. Stafford Disaster Relief and Emergency Assistance 
                Act (42 U.S.C. 5170, 5191); or
                    (C) a national emergency related to the coronavirus 
                declared by the President under the National 
                Emergencies Act (50 U.S.C. 1601 et seq.).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (3) Workforce innovation and opportunity act terms.--Except 
        as otherwise provided in this section, the terms in this 
        section have the meanings given the terms in section 3 of the 
        Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
    (b) Distribution of Funds.--
            (1) Allotment to states.--From funds appropriated to carry 
        out this section and not reserved under subsection (e)(4), not 
        later than 30 days after receiving the appropriated funds, the 
        Secretary shall make allotments to States in accordance with 
        the formula described in section 132(b)(2)(B) of the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3172(b)(2)(B)) and 
        make the reservation for and provide assistance to outlying 
        areas in accordance with section 132(b)(2)(A) of such Act (29 
        U.S.C. 3172(b)(2)(A)).
            (2) Allocation to local areas.--Not later than 30 days 
        after a State receives an allotment under paragraph (1), the 
        Governor shall--
                    (A) reserve 40 percent of the allotment funds to 
                carry out activities under subsection (c)(1); and
                    (B) allocate the remainder of the funds to local 
                areas in accordance with section 133(b)(2)(B) of the 
                Workforce Innovation and Opportunity Act (29 U.S.C. 
                3173(b)(2)(B)) to enable the local areas to carry out 
                activities under subsection (c)(2).
    (c) Uses of Funds.--
            (1) State use of funds.--
                    (A) In general.--From the funds reserved under 
                subsection (b)(2)(A), the Governor--
                            (i) shall allocate not less than 50 percent 
                        of the funds to the local areas most 
                        significantly impacted by a qualifying 
                        emergency, as determined by the Governor, to 
                        enable the local areas to carry out activities 
                        under paragraph (2); and
                            (ii) with the funds that are not allocated 
                        under clause (i) or reserved under subparagraph 
                        (B), may--
                                    (I) carry out rapid response 
                                activities described in section 
                                134(a)(2)(A) of the Workforce 
                                Innovation and Opportunity Act (29 
                                U.S.C. 3174(a)(2)(A));
                                    (II) carry out activities to 
                                facilitate remote access to employment 
                                and training activities, including 
                                career services, through a one-stop 
                                center;
                                    (III) in coordination with local 
                                areas, carry out activities necessary 
                                to expand online learning opportunities 
                                and make available resources to support 
                                or allow for online service delivery, 
                                including online delivery of training 
                                services, by providers identified as 
                                eligible providers of training services 
                                under subsection (d) or (h) of section 
                                122 of the Workforce Innovation and 
                                Opportunity Act (29 U.S.C. 3152);
                                    (IV) assist local boards through 
                                the purchase of technology, supplies, 
                                and online training materials for 
                                distribution or use by local areas; and
                                    (V) expand the list of eligible 
                                providers of training services 
                                established under section 122(d) of the 
                                Workforce Innovation and Opportunity 
                                Act (29 U.S.C. 3152(d)).
                    (B) Limitation.--Not more than 5 percent of the 
                funds reserved under subsection (b)(2)(A) shall be used 
                by the State for administrative activities related to 
                carrying out this section.
            (2) Local uses of funds.--Funds allocated to a local area 
        under subsection (b)(2)(B) or paragraph (1)(A)(i)--
                    (A) shall be used for--
                            (i) the provision of in-person and virtual 
                        training services, aligned with industry needs, 
                        that shall include--
                                    (I) on-the-job training, for which 
                                the local board may take into account 
                                the impact of a qualifying emergency as 
                                a factor in determining whether to 
                                increase the amount of a reimbursement 
                                to an amount of up to 75 percent of the 
                                wage rate of a participant in 
                                accordance with section 134(c)(3)(H) of 
                                the Workforce Innovation and 
                                Opportunity Act (29 U.S.C. 
                                3174(c)(3)(H));
                                    (II) customized training, for which 
                                the local board may take into account 
                                the impact of a qualifying emergency as 
                                a factor in determining the portion of 
                                the cost of training an employer shall 
                                provide;
                                    (III) transitional jobs as 
                                described in section 134(d)(5) of the 
                                Workforce Innovation and Opportunity 
                                Act (29 U.S.C. 3174(d)(5)) (but for 
                                adults or dislocated workers determined 
                                eligible by a one-stop operator or one-
                                stop partner), including positions in 
                                contact tracing, public health, or 
                                infrastructure, if provision of the 
                                jobs does not displace any currently 
                                employed employee (as of the date of 
                                the participation in the transitional 
                                job); and
                                    (IV) incumbent worker training 
                                described in section 134(d)(4) of the 
                                Workforce Innovation and Opportunity 
                                Act (29 U.S.C. 3174(d)(4)) to support 
                                worker retention;
                            (ii) training services provided through 
                        individual training accounts, which, 
                        notwithstanding section 122 of the Workforce 
                        Innovation and Opportunity Act (29 U.S.C. 
                        3152), eligible individuals may obtain from 
                        providers identified as eligible providers of 
                        training services under subsection (d) or (h) 
                        of that section 122 or from another provider 
                        that is identified by the State board or local 
                        board involved;
                            (iii) short-term training--
                                    (I) in which a current employee (as 
                                of the date of the participation), 
                                including an employee participating in 
                                a transitional job described in clause 
                                (i)(III), may participate;
                                    (II) for which the participant may 
                                receive an employer-sponsored 
                                individual training account;
                                    (III) for which the employer agrees 
                                to pay--
                                            (aa) not less than 10 
                                        percent of the costs of such 
                                        training in the case of an 
                                        employer that is a small 
                                        business concern, as defined in 
                                        section 3(a) of the Small 
                                        Business Act (15 U.S.C. 
                                        632(a)); and
                                            (bb) not less than 20 
                                        percent of such costs in the 
                                        case of any other employer; and
                                    (IV) for which the participant is 
                                provided the opportunity to choose a 
                                provider from among the providers 
                                identified as eligible providers of 
                                training services under subsection (d) 
                                or (h) of section 122 of the Workforce 
                                Innovation and Opportunity Act or a 
                                provider identified by the employer as 
                                having the ability to provide the 
                                skills necessary for the individual to 
                                be hired permanently or to advance the 
                                individual's career; and
                            (iv) short-term training in fields in which 
                        the local area needs workers to meet the 
                        demands for health care, direct care, and 
                        frontline workers responding to a qualifying 
                        emergency; and
                    (B) may be used for--
                            (i) the establishment and expansion of 
                        partnerships with public and private entities 
                        to support online programs of training 
                        services--
                                    (I) which programs are identified 
                                under section 122 of the Workforce 
                                Innovation and Opportunity Act and lead 
                                to an industry-recognized credential in 
                                high-skill, high-wage, or in-demand 
                                industry sectors or occupations, in 
                                areas such as technology, health care, 
                                direct care, and manufacturing; and
                                    (II) through which the partnerships 
                                may provide for the cost of an 
                                assessment related to obtaining such 
                                credential;
                            (ii) providing training services that are 
                        aligned with the needs of local industry and 
                        recognized by employers;
                            (iii) expanding access to individualized 
                        career services, which include--
                                    (I) in-person and virtual 
                                employment and reemployment services to 
                                help individuals find employment; and
                                    (II) career navigation supports to 
                                enable workers to find new pathways to 
                                high-skill, high-wage, or in-demand 
                                industry sectors and occupations and 
                                the necessary training to support those 
                                pathways; and
                            (iv) providing access to technology, 
                        including broadband service and devices to 
                        enable individuals served under this section to 
                        receive online career and training services.
            (3) Minimum amount for training.--Not less than 50 percent 
        of the funds made available under subsection (b)(2)(B) and 
        paragraph (1)(A)(i) shall be used to provide training services 
        described in paragraph (2)(A).
    (d) Reallocation.--
            (1) Local funds.--Each local board shall return to the 
        Governor any funds received under this section that the local 
        board does not obligate within 1 year after receiving such 
        funds. The Governor shall reallocate such returned funds, to 
        the local areas that are not required to return funds under 
        this paragraph, in accordance with subsection (c)(1)(A).
            (2) State funds.--Each Governor shall return to the 
        Secretary any funds received under this section that the 
        Governor does not obligate within 2 years after receiving such 
        funds. The Secretary shall reallot such returned funds to the 
        States that are not required to return funds under this 
        paragraph, in accordance with subsection (b)(1).
    (e) General Provisions.--
            (1) Eligible individuals.--
                    (A) In general.--Except as otherwise specified in 
                this section, to be eligible to receive services 
                authorized under this section, an individual shall be 
                an adult or dislocated worker.
                    (B) Individuals eligible to receive services 
                through individual training accounts.--To be eligible 
                to receive training services through an individual 
                training account or employer-sponsored individual 
                training account described in subsection 
                (c)(2)(A)(iii), an eligible individual shall be an 
                adult or dislocated worker--
                            (i) who, after an in-person or virtual 
                        interview, evaluation, or assessment, and 
                        career planning, has been determined by a one-
                        stop operator or one-stop partner, as 
                        appropriate, to--
                                    (I) be unlikely to obtain or retain 
                                employment with wages comparable to or 
                                higher than wages from previous 
                                employment, solely through the career 
                                services available through the one-stop 
                                center; and
                                    (II) have the skills and 
                                qualifications to successfully 
                                participate in the selected program of 
                                training services; and
                            (ii) who selects a program of training 
                        services that are directly linked to the 
                        employment opportunities in the local area, or 
                        in another area to which the adult or 
                        dislocated worker is willing to commute or 
                        relocate.
            (2) Special rules.--
                    (A) Administration.--Except as otherwise provided 
                in this section, the provisions of subtitle E of title 
                I of the Workforce Innovation and Opportunity Act (29 
                U.S.C. 3241 et seq.) shall apply to funds provided 
                under this section.
                    (B) Single state local area.--In any case in which 
                a State is designated as a local area pursuant to 
                section 106(d) of the Workforce Innovation and 
                Opportunity Act (29 U.S.C. 3121(d)), the State board 
                shall carry out the functions of a local board as 
                specified in this section.
            (3) Program oversight.--The Governor, in partnership with 
        local boards and the chief elected officials for local areas, 
        shall--
                    (A) conduct oversight for the activities authorized 
                under this section; and
                    (B) ensure the appropriate use and management of 
                the funds provided under this section.
            (4) Program administration.--The Secretary shall reserve 
        not more than $15,000,000 of the funds appropriated to carry 
        out this section, as necessary, for program administration and 
        management through the Department of Labor to support the 
        administration of funds provided under this section and 
        evaluation of activities authorized under this section.
    (f) Reports.--
            (1) State report.--Each State shall prepare and submit to 
        the Secretary a report that includes information specifying--
                    (A) the number and percentage of participants in 
                activities under this section who received funds for 
                training services;
                    (B) the types of training programs provided under 
                this section;
                    (C) the number and percentage of participants in 
                training programs provided under this section who 
                entered employment upon completion of such a program;
                    (D) the number and percentage of participants in 
                such training programs who obtained a recognized 
                postsecondary credential; and
                    (E) the earnings of participants who completed a 
                training program under this section.
            (2) Secretary's report.--Upon receipt of a report under 
        paragraph (1), the Secretary shall transmit such report to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Education and Labor of the House of 
        Representatives.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,500,000,000 for the period of 
fiscal years 2020 through 2022.
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