118 HR 5783 IH: Blue Collar and Green Collar Jobs Development Act
U.S. House of Representatives
2023-09-28
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EN
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I
118th CONGRESS
1st Session
H. R. 5783
IN THE HOUSE OF REPRESENTATIVES
September 28, 2023
Ms. Blunt Rochester (for herself, Ms. Clarke of New York, Mr. Mullin, Mr. Bowman, Ms. Ross, Mr. Tonko, Mr. Krishnamoorthi, Ms. Crockett, Mr. Cárdenas, Mr. Ivey, Mr. Peters, Mrs. Watson Coleman, Mrs. Hayes, Ms. Lee of Pennsylvania, and Ms. Kuster) introduced the following bill; which was referred to the Committee on Education and the Workforce
A BILL
To establish and carry out a comprehensive, nationwide, energy-related industries jobs program, and for other purposes.
1.

Short title
This Act may be cited as the “Blue Collar and Green Collar Jobs Development Act”.
2.

Energy workforce development
(a)

In general
Subject to the availability of appropriations for such purpose, the Secretary of Energy, in consultation with the Secretary of Labor and the Secretary of Education, shall establish and carry out a comprehensive, nationwide program to improve education and training for occupations in energy-related industries to increase the number of skilled workers trained for such occupations.
(b)

Direct assistance
(1)

In general
In carrying out the program established under subsection (a), the Secretary of Energy may provide—
(A)
financial assistance awards, technical assistance, and other assistance the Secretary determines appropriate, to educational institutions and covered organizations and programs, including those serving unemployed energy workers; and
(B)
eligible opportunities at the Department of Energy, including at the Department of Energy national laboratories.
(2)

Training programs
The Secretary of Energy may only provide financial assistance for training programs under paragraph (1)(A) that have been approved by the Secretary of Labor.
(3)

Distribution
Subject to subsection (c), the Secretary of Energy shall distribute assistance described in paragraph (1) in a manner proportional to the needs of energy-related industries and demand for occupations in energy-related industries, consistent with information developed under subsection (e).
(c)

Priority
In carrying out the program established under subsection (a), the Secretary of Energy shall—
(1)
prioritize the education and training of individuals from disadvantaged communities for in-demand occupations in energy-related industries, including by providing eligible opportunities and employment at the Department of Energy, including at the Department of Energy national laboratories; and
(2)
in providing research grants and technical assistance to educational institutions, give priority to minority-serving institutions.
(d)

Collaboration and outreach
In carrying out the program established under subsection (a), the Secretary of Energy shall—
(1)
collaborate with—
(A)
State workforce development boards and local workforce development boards, to maximize program efficiency;
(B)
educational institutions and covered organizations and programs;
(C)
energy-related industries and covered organizations and programs to increase the opportunities for, and enrollment of, students and other candidates, including students of minority-serving institutions and unemployed energy workers, to participate in industry eligible opportunities; and
(D)
Federal-State Regional Commissions, including the Appalachian Regional Commission, the Delta Regional Authority, the Denali Commission, the Northern Border Regional Commission, and the Southeast Crescent Regional Commission; and
(2)
conduct outreach activities to—
(A)
encourage individuals from disadvantaged communities and unemployed energy workers to enter into the STEM fields; and
(B)
encourage and foster collaboration, mentorships, and partnerships among energy-related industries, and covered organizations and programs, that provide effective training programs for in-demand occupations in energy-related industries and educational institutions that seek to establish these types of programs in order to share best practices and approaches that best suit local, State, and national needs.
(e)

Clearinghouse
(1)

Establishment
In carrying out the program established under subsection (a), the Secretary of Energy, in collaboration with the Commissioner of the Bureau of Labor Statistics, the Secretary of Labor, the Secretary of Education, the Secretary of Commerce, the Director of the Bureau of the Census, and energy-related industries, shall establish a publicly accessible clearinghouse to—
(A)
develop, maintain, and update information and other resources, by State and by region, on—
(i)
the current and future workforce needs of energy-related industries, and occupations in energy-related industries, including identification of in-demand occupations in energy-related industries; and
(ii)
training programs for such in-demand occupations (including training programs provided by a provider of training services on any list described in section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d))), which meet the guidelines prescribed under paragraph (3); and
(B)
act as a resource for educational institutions and covered organizations and programs that would like to develop and implement the training programs described in subparagraph (A)(ii).
(2)

Use of existing resources
(A)

Modification of existing online resource
In a case in which the Secretary of Energy determines that the modification of an existing online resource of the Department of Labor or the Department of Education would be an efficient and effective means of carrying out the purposes described in subparagraphs (A) and (B) of paragraph (1), the Secretary of Energy may—
(i)
request that the Secretary of Labor or the Secretary of Education, as appropriate, make such modification; and
(ii)
if such modification is made, elect not to establish the clearinghouse under paragraph (1).
(B)

Informational resources
In establishing and maintaining the clearinghouse under paragraph (1) or modifying the online resource under subparagraph (A), the Secretary of Energy shall, to the greatest extent practicable, utilize existing resources and information made available to the Secretary by the Commissioner of the Bureau of Labor Statistics, the Secretary of Labor, the Secretary of Education, the Secretary of Commerce, and the Director of the Bureau of the Census.
(3)

Guidelines
The Secretary of Energy, in consultation with the Secretary of Labor, shall prescribe guidelines for the training programs described in paragraph (1)(A)(ii), which shall be similar to the requirements for providers of training services described in section 122(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(b)).
(4)

Report
The Secretary of Energy shall annually publish, on a publicly accessible website of the Department of Energy, a report on the information and other resources developed, maintained, and updated on the clearinghouse established under paragraph (1) or the online resource modified under paragraph (2)(A).
(f)

Guidelines To develop skills for an energy industry workforce
(1)

In general
In carrying out the program established under subsection (a), the Secretary of Energy, in collaboration with the Secretary of Education, the Secretary of Commerce, the Secretary of Labor, and the National Science Foundation, shall develop voluntary guidelines or best practices for educational institutions to help provide students with the skills necessary for in-demand occupations in energy-related industries, including in-demand occupations in—
(A)
the energy efficiency industry, including in-demand occupations in energy efficiency (including architecture, design, and construction of new energy efficient buildings), conservation, weatherization, retrofitting, inspecting, auditing, and software development;
(B)
the renewable energy industry, including in-demand occupations in the development, engineering, manufacturing, and production of energy from renewable energy sources (such as solar, hydropower, wind, and geothermal energy);
(C)
the community energy resiliency industry, including in-demand occupations in the installation of rooftop solar, in battery storage, and in microgrid technologies;
(D)
the fuel cell and hydrogen energy industry;
(E)
the advanced automotive technology industry, including in-demand occupations relating to electric vehicle batteries, connectivity and automation, and advanced combustion engines;
(F)
the manufacturing industry, including in-demand occupations as operations technicians, in operations and design in additive manufacturing, 3–D printing, and advanced composites and advanced aluminum and other metal alloys, and in industrial energy efficiency management systems, including power electronics, and other innovative technologies;
(G)
the chemical manufacturing industry, including in-demand occupations in construction (such as welders, pipefitters, and tool and die makers), as instrument and electrical technicians, machinists, chemical process operators, engineers, quality and safety professionals, and reliability engineers;
(H)
the electric utility and gas utility industries, including in-demand occupations in smart grid technology, cybersecurity management, and the generation, transmission, and distribution of electricity and natural gas, such as electricians and utility dispatchers, technicians, operators, lineworkers, engineers, scientists, and information technology specialists;
(I)
the alternative fuels industry, including in-demand occupations in biofuel and bioproducts development and production;
(J)
the pipeline industry, including in-demand occupations in pipeline construction and maintenance and occupations as engineers and technical advisors;
(K)
the nuclear energy industry, including in-demand occupations as scientists, engineers, technicians, mathematicians, and security personnel;
(L)
the oil and gas industry, including in-demand occupations as scientists, engineers, technicians, mathematicians, petrochemical engineers, and geologists; and
(M)
the coal industry, including in-demand occupations as coal miners, engineers, developers and manufacturers of state-of-the-art coal facilities, technology vendors, coal transportation workers and operators, and mining equipment vendors.
(2)

Input
The Secretary of Energy shall solicit input from energy-related industries in developing guidelines or best practices under paragraph (1).
(3)

Energy efficiency and conservation initiatives
The guidelines or best practices developed under paragraph (1) shall include grade-specific guidelines for elementary schools and secondary schools for teaching energy efficiency technology, architecture, design, and construction of new energy-efficient buildings and building energy retrofits, manufacturing efficiency technology, community energy resiliency, and conservation initiatives.
(4)

STEM education
The guidelines or best practices developed under paragraph (1) shall promote STEM education in educational institutions as it relates to in-demand occupations in energy-related industries listed under such paragraph.
(5)

Prohibition
Nothing in this subsection shall be construed to authorize the Secretary of Energy or any other officer or employee of the Federal Government to require or coerce a State or educational institution to adopt or carry out the guidelines or best practices developed under paragraph (1).
(g)

21st Century Energy Workforce Advisory Board
If the Secretary of Energy has approved a strategy developed by the 21st Century Energy Workforce Advisory Board established under section 40211 of the Infrastructure Investment and Jobs Act (42 U.S.C. 18744), the Secretary shall, to the extent the Secretary determines practicable and appropriate, carry out the program established under subsection (a) in accordance with such strategy.
(h)

Consolidation
To the extent practicable, the Secretary of Energy shall, to avoid duplication of efforts, carry out the Equity in Energy Initiative of the Department of Energy, the Minority Educational Institution Student Partnership Program of the Department of Energy, and any other program of the Department of Energy that the Secretary determines appropriate, through the program established under subsection (a).
(i)

Authorization of appropriations
There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2024 through 2028.
3.

Energy workforce grant program
(a)

Program
(1)

Establishment
Subject to the availability of appropriations for such purpose, the Secretary of Labor, in consultation with the Secretary of Energy, shall establish and carry out a program to provide grants to eligible entities to pay the eligible wages of, and eligible payments for, individuals during the period that such individuals are receiving training to work for an eligible business.
(2)

Guidelines
Not later than 180 days after the date of enactment of this Act, the Secretary of Labor, in consultation with the Secretary of Energy and eligible businesses, shall establish guidelines that identify—
(A)
criteria for determining—
(i)
wages that are eligible for purposes of the program under paragraph (1); and
(ii)
payments that are eligible for purposes of the program under paragraph (1), including payments that cover—
(I)
the costs of training that individuals receive under the program; and
(II)
the costs of services that are necessary to enable the individuals to receive such training; and
(B)
training that is eligible for purposes of the program under paragraph (1), which shall include any applicable training services described in section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)(D)).
(b)

Use of grants
(1)

Eligible wages
An eligible entity receiving a grant under subsection (a) that is (or includes) an eligible business with—
(A)
20 or fewer employees may use such grant to pay up to 45 percent of the eligible wages of individuals for the duration of the applicable training for such individuals;
(B)
21 to 99 employees may use such grant to pay up to 37.5 percent of the eligible wages of individuals for the duration of the applicable training for such individuals; and
(C)
100 employees or more may use such grant to pay up to 25 percent of the eligible wages of individuals for the duration of the applicable training for such individuals.
(2)

Eligible payments
An eligible entity may use a grant provided under the program established under subsection (a) to pay up to 100 percent of the eligible payments for individuals for the duration of the applicable training for such individuals.
(c)

Priority for targeted communities
In providing grants under the program established under subsection (a), the Secretary of Labor, in consultation with the Secretary of Energy, shall give priority to an eligible entity that—
(1)
recruits or selects for training, or trains individuals, who are—
(A)
from the community that the eligible entity serves; and
(B)
(i)
from disadvantaged communities;
(ii)
individuals with barriers to employment; or
(iii)
unemployed energy workers; and
(2)
will provide individuals receiving training with the opportunity to obtain or retain employment at an eligible business.
(d)

Limit
An eligible entity may not receive more than $100,000 under the program established under subsection (a) per fiscal year.
(e)

Report
The Secretary of Labor shall submit to Congress, annually for each year the program established under subsection (a) is carried out, a report on such program, including—
(1)
an assessment of such program for the previous year, including the number of jobs filled by individuals trained pursuant to such program; and
(2)
recommendations on how to improve such program.
(f)

Integration of services for Tribes
If the Secretary of the Interior has approved a plan for an Indian Tribe in accordance with section 8 of the Indian Employment, Training, and Related Services Act of 1992 (25 U.S.C. 3407), and such Indian Tribe is part of a Tribal consortium that receives a grant from the program established under subsection (a), such Indian Tribe may elect to integrate the grant, in whole or in part, in accordance with section 4 of the Indian Employment, Training, and Related Services Act of 1992 (25 U.S.C. 3403), if all Indian Tribes in such Tribal consortium agree to such integration and the Secretary determines that such integration will not produce an inequitable result for any Indian Tribe in such Tribal consortium.
(g)

Authorization of appropriations
There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2024 through 2028.
4.

Definitions
In this Act:
(1)

Apprenticeship
The term apprenticeship means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(2)

Covered organizations and programs
The term covered organizations and programs means local workforce development boards, State workforce development boards, Indian tribes, Tribal organizations, Tribal consortia, nonprofit organizations, qualified youth or conservation corps, labor organizations, pre-apprenticeship programs, and apprenticeship programs.
(3)

Disadvantaged community
The term disadvantaged community means a community that the Secretary of Energy determines, based on appropriate data, indices, and screening tools, is economically, socially, or environmentally disadvantaged.
(4)

Educational institution
The term educational institution means an elementary school, secondary school, local educational agency, State educational agency, or institution of higher education.
(5)

Elementary school and secondary school
The terms elementary school, local educational agency, secondary school, and State educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
(6)

Eligible business
The term eligible business means a business that provides services related to—
(A)
renewable electric energy generation, including solar, wind, geothermal, hydropower, and other renewable electric energy generation technologies;
(B)
energy efficiency, including energy-efficient lighting, heating, ventilation, and air conditioning, air source heat pumps, advanced building materials, insulation and air sealing, and other high-efficiency products and services, including auditing and inspection, architecture, design, and construction of new energy efficient buildings and building energy retrofits;
(C)
grid modernization or energy storage, including smart grid, microgrid and other distributed energy solutions, demand response management, and home energy management technology;
(D)
advanced fossil energy technology, including—
(i)
advanced resource development;
(ii)
carbon capture, storage, and use;
(iii)
low-carbon power systems;
(iv)
efficiency improvements that substantially reduce emissions; and
(v)
direct air capture;
(E)
nuclear energy, including research, development, demonstration, and commercial application relating to nuclear energy;
(F)
cybersecurity for the energy sector, including infrastructure, emergency planning, coordination, response, and restoration;
(G)
alternative fuels, including biofuel and bioproduct development and production;
(H)
advanced automotive technology, including electric vehicle batteries, connectivity and automation, advanced fueling or charging stations, and advanced combustion engines; or
(I)
fuel cell and hybrid fuel cell generation.
(7)

Eligible entity
The term eligible entity means—
(A)
an eligible small business; or
(B)
an partnership between or among—
(i)
an eligible business; and
(ii)
one or more of the following:
(I)
A labor organization or joint labor-management organization with experience working in energy-related industries.
(II)
A nonprofit organization dedicated to helping individuals gain employment in energy-related industries.
(III)
A community college or technical college with experience in providing training for individuals seeking employment in energy-related industries.
(IV)
A qualified youth or conservation corps.
(V)
A State development board or local workforce development board.
(VI)
An Indian Tribe, Tribal organization, or Tribal consortium.
(VII)
An industry or sector partnership relating to energy-related industries.
(8)

Eligible opportunity
The term eligible opportunity means a paid—
(A)
internship;
(B)
fellowship;
(C)
apprenticeship; or
(D)
another work-based learning opportunity.
(9)

Eligible payment
The term eligible payment means a payment that meets the criteria identified pursuant to the guidelines established under section 3(a)(2).
(10)

Eligible small business
The term eligible small business means an eligible business with 75 or less employees.
(11)

Eligible wage
The term eligible wage means a wage that meet the criteria identified pursuant to the guidelines established under section 3(a)(2).
(12)

Energy-related industry
The term energy-related industry includes the energy efficiency industry, renewable energy industry, community energy resiliency industry, fuel cell and hydrogen energy industry, advanced automotive technology industry, chemical manufacturing industry, electric utility industry, gas utility industry, alternative fuels industry, pipeline industry, nuclear energy industry, oil and gas industry, vehicle fueling and charging industry, and coal industry.
(13)

In-demand occupation
The term in-demand occupation has the meaning given the term in-demand industry sector or occupation in section 3(23)(A)(ii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(23)(A)(ii)).
(14)

Indian tribe and tribal organization
The terms Indian Tribe and Tribal organization have the meanings given such terms in subsections (e) and (l) of section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(15)

Individual with a barrier to employment
The term individual with a barrier to employment has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(16)

Industry or sector partnership
The term industry or sector partnership has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(17)

Institution of higher education
The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that such term does not include institutions described in subparagraph (A) or (C) of subsection (a)(1) of such section 102.
(18)

Labor organization
The term labor organization has the meaning given such term in section 2 of the National Labor Relations Act (29 U.S.C. 152).
(19)

Local workforce development board
The term local workforce development board means a local board, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(20)

Minority-serving institution
The term minority-serving institution means an institution of higher education that is of one of the following:
(A)
A Hispanic-serving institution (as defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))).
(B)
A Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))).
(C)
An Alaska Native-serving institution (as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))).
(D)
A Native Hawaiian-serving institution (as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))).
(E)
A Predominantly Black Institution (as defined in section 318(b) of the Higher Education Act of 1965 (20 U.S.C. 1059e(b))).
(F)
A Native American-serving nontribal institution (as defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b))).
(G)
An Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b))).
(H)
A part B institution (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)).
(21)

Pre-apprenticeship program
The term pre-apprenticeship program means a program designed to prepare individuals to enter and succeed in an apprenticeship, and includes each of the following elements:
(A)
Training and curriculum that aligns with the skill needs of employers in the economy of the State or region involved.
(B)
Access to educational and career counseling and other supportive services, directly or indirectly.
(C)
Hands-on, meaningful learning activities that are connected to education and training activities, such as exploring career options, and understanding how the skills acquired through coursework can be applied toward a future career.
(D)
Opportunities to attain at least one industry-recognized credential.
(E)
A partnership with one or more apprenticeship programs that assists in placing individuals who complete the pre-apprenticeship program in a apprenticeship program.
(22)

Qualified youth or conservation corps
The term qualified youth or conservation corps has the meaning given such term in section 203(11) of the Public Lands Corps Act of 1993 (16 U.S.C. 1722(11)).
(23)

State workforce development board
The term State workforce development board means a State board, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(24)

STEM
The term STEM means science, technology, engineering, and mathematics.
(25)

Work-based learning
The term work-based learning has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).