[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3226 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3226

To require the Secretary of Labor to establish an offshore wind career 
            training grant program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2023

 Mr. Markey (for himself, Mr. Van Hollen, Mr. Whitehouse, Mr. Cardin, 
and Mr. Kaine) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Labor to establish an offshore wind career 
            training grant program, 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 ``Offshore Wind Jobs and Opportunity 
Act''.

SEC. 2. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    (B) the Committee on Energy and Natural Resources 
                of the Senate;
                    (C) the Committee on Education and the Workforce of 
                the House of Representatives; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.
            (2) Community college.--The term ``community college'' has 
        the meaning given the term ``junior or community college'' in 
        section 312 of the Higher Education Act of 1965 (20 U.S.C. 
        1058).
            (3) Dislocated worker.--The term ``dislocated worker'' has 
        the meaning given the term in section 3 of the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3102).
            (4) Eligible entity.--The term ``eligible entity'' means an 
        entity that is--
                    (A) an institution of higher education;
                    (B) a labor organization;
                    (C) a maritime center of excellence; or
                    (D) a nonprofit organization the primary mission of 
                which is to provide education and training to meet the 
                needs of maritime professionals and the United States 
                maritime industry.
            (5) Grant program.--The term ``grant program'' means the 
        grant program established under subsection (d).
            (6) Grantee.--The term ``grantee'' means an eligible entity 
        that has received a grant under this section.
            (7) Individual with a barrier to employment.--The term 
        ``individual with a barrier to employment'' has the meaning 
        given the term in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
            (8) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (9) Lead applicant.--The term ``lead applicant'' means the 
        eligible entity that is primarily responsible for the 
        preparation, conduct, and administration of the project for 
        which a grant is awarded under this section.
            (10) Maritime center of excellence.--The term ``maritime 
        center of excellence'' means a center of excellence for 
        domestic maritime workforce training and education designated 
        by the Secretary of Transportation under section 51706(a) of 
        title 46, United States Code.
            (11) Qualified intermediary.--The term ``qualified 
        intermediary'' 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).
            (12) Recognized postsecondary credential.--The term 
        ``recognized postsecondary credential'' has the meaning given 
        the term in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
            (13) Registered apprenticeship program.--The term 
        ``registered apprenticeship program'' means an apprenticeship 
        program 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.).
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (15) United states maritime industry.--The term ``United 
        States maritime industry'' means--
                    (A) all segments of the maritime-related 
                transportation system of the United States, including 
                in--
                            (i) domestic trade;
                            (ii) foreign trade; and
                            (iii) coastal, offshore, and inland waters;
                    (B) non-commercial maritime activities, such as 
                pleasure boating and marine sciences (including all 
                scientific research vessels); and
                    (C) all industries that support offshore wind 
                development, including vessel construction and repair, 
                vessel operations, ship logistics supply, berthing, 
                port operations, port intermodal operations, marine 
                terminal operations, vessel design, marine brokerage, 
                marine insurance, marine financing, chartering, 
                maritime-oriented supply chain operations, and 
                maritime-oriented research and development.
            (16) Veteran.--The term ``veteran'' has the meaning given 
        the term in section 101 of title 38, United States Code.
    (b) Identification of Educational and Career Training Needs.--Not 
later than 120 days after the date of enactment of this Act, the 
Secretary, in consultation with the Secretary of Energy, 
representatives from the offshore wind industry, the United States 
maritime industry, eligible entities, including eligible entities that 
are community colleges and labor organizations, State and local 
governments, ports, and nonprofit organizations, shall identify 
educational and career training needs with respect to the offshore wind 
industry, including needs relating to manufacturing, construction, 
installation, operation, vessels, engineering training and education, 
and maintenance activities.
    (c) Guidelines.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall--
            (1) issue guidelines for the submission of grant proposals 
        under this section, which shall include a list of the 
        educational and career training needs identified under 
        subsection (b); and
            (2) publish and maintain the guidelines described in 
        paragraph (1) on a public website of the Secretary.
    (d) Establishment of Grant Program.--Not later than 1 year after 
the date of enactment of this Act and in consultation with the 
Secretary of Energy, the Secretary shall establish a grant program 
under which the Secretary may award offshore wind career training 
grants to eligible entities for the purpose of developing, offering, or 
improving educational or career training programs that provide 
individuals who are enrolled in those programs with skills that are 
necessary for employment in the offshore wind industry or the United 
States maritime industry.
    (e) Allocation of Grants.--
            (1) Limitation on grant quantity and size.--In carrying out 
        this section, the Secretary may not award to an eligible 
        entity--
                    (A) more than 1 grant for which the eligible entity 
                is the lead applicant; or
                    (B) a grant that is in an amount that is more than 
                $2,500,000.
            (2) Allocation to entities with registered apprenticeship 
        programs.--The Secretary shall ensure that, in a fiscal year, 
        not less than 25 percent of the total amount that the Secretary 
        awards in grants under this section is awarded to eligible 
        entities that sponsor registered apprenticeship programs.
            (3) Allocation of construction and maintenance grants.--To 
        the maximum extent practicable, the Secretary shall ensure that 
        grants relating to construction and maintenance career training 
        are reserved for--
                    (A) eligible entities that sponsor a registered 
                apprenticeship program or offer a pre-apprenticeship 
                program that facilitates entry into a registered 
                apprenticeship program; and
                    (B) eligible entities that are participating in a 
                joint labor-management partnership.
    (f) Partnerships.--An eligible entity seeking to receive a grant 
under this section may partner with 1 or more of the following:
            (1) Another eligible entity, including an eligible entity 
        that is--
                    (A) a community college; or
                    (B) participating in a joint labor-management 
                partnership.
            (2) A State or local government agency responsible for 
        education, workforce development, or offshore wind energy 
        activities.
            (3) A nonprofit organization.
            (4) A provider who is an eligible provider of training 
        services under section 122 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3152).
    (g) Use of Grant.--An eligible entity may use a grant awarded under 
this section to carry out--
            (1) occupational skills training, including curriculum and 
        career pathway development, on-the-job training, safety and 
        health training, and classroom training;
            (2) incumbent worker and career ladder training and 
        retraining, including skill upgrading and transitional job 
        strategizing;
            (3) individual referral and tuition assistance for a 
        training program through which an individual may attain a 
        recognized postsecondary credential;
            (4) customized training in conjunction with an existing 
        registered apprenticeship program or pre-apprenticeship 
        program, paid internship, or joint labor-management 
        partnership; and
            (5) other activities that the Secretary, in consultation 
        with the Secretary of Energy, determines meet the purposes of 
        this section.
    (h) Submission Procedure for Grant Proposals.--An eligible entity 
seeking to receive a grant under this section shall submit a grant 
proposal to the Secretary at such time, in such manner, and, in 
accordance with the guidelines issued under subsection (c)(1), 
containing such information as the Secretary may require.
    (i) Criteria for Award of Grants.--
            (1) In general.--Subject to the availability of 
        appropriations, the Secretary may award a grant under this 
        section only after an evaluation of--
                    (A) the merits of the grant proposal with respect 
                to the grant;
                    (B) the employment opportunities or projected 
                employment opportunities, including the projected 
                wages, benefits, future skill and career advancement 
                opportunities, job security, and working conditions 
                available to individuals who complete the educational 
                or career training program that the eligible entity 
                applying for the grant proposes to develop, offer, or 
                improve;
                    (C) the recruitment practices of the educational or 
                career training program that the eligible entity 
                applying for the grant proposes to develop, offer, or 
                improve to ensure such practices are free from 
                discrimination and that unnecessary educational, 
                credential, or experience requirements are minimized;
                    (D) the availability and capacity of existing 
                educational or career training programs in the 
                community served by the eligible entity applying for 
                the grant to meet future demand for the educational or 
                career training programs; and
                    (E) the employment opportunities or projected 
                employment opportunities for members of groups that 
                have been historically underserved in the engineering 
                and construction of energy facilities or the 
                engineering and manufacture of energy facility 
                components.
            (2) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to eligible entities that--
                    (A) are--
                            (i) institutions of higher education that 
                        have formed partnerships with labor 
                        organizations;
                            (ii) labor organizations that have formed 
                        partnerships with institutions of higher 
                        education;
                            (iii) nonprofit organizations described in 
                        subsection (a)(4)(D) that primarily serve 
                        members of a maritime labor organization; or
                            (iv) labor organizations that support, 
                        sponsor, partner with, or are otherwise 
                        affiliated with a nonprofit organization 
                        described in that subsection;
                    (B) have entered into a memorandum of understanding 
                with 1 or more employers in the offshore wind industry 
                or the United States maritime industry to partner on 
                the establishment or expansion of the educational or 
                career offshore wind training program that the eligible 
                entity applying for the grant proposes to develop, 
                offer, or improve; or
                    (C) will use the grant funds to assist individuals 
                who are--
                            (i) dislocated workers or mariners, with a 
                        focus on workers or mariners displaced from the 
                        offshore oil and gas, onshore fossil fuel, 
                        nuclear energy, or fishing industry;
                            (ii) veterans, members of the reserve 
                        components of the Armed Forces, or former 
                        members of those reserve components; or
                            (iii) individuals with a barrier to 
                        employment.
    (j) Matching Requirements.--A grant awarded under this section may 
not be used to satisfy any non-Federal funds matching requirement under 
any other provision of law.
    (k) Grantee Data Collection.--
            (1) In general.--A grantee shall collect and report to the 
        Secretary on an annual basis the following information 
        regarding the educational or career training program for which 
        the grantee receives a grant under this section:
                    (A) The number of participants enrolled in the 
                educational or career training program (referred to in 
                this subsection as ``participants'').
                    (B) The number of participants that completed the 
                educational or career training program during the 
                previous 1-year period.
                    (C) The services received in the educational or 
                career training program by the participants, including 
                a description of training, educational, and supportive 
                services.
                    (D) The amount of grant funds expended by the 
                grantee per participant.
                    (E) The rate of job placement of participants in 
                the offshore wind industry, the United States maritime 
                industry, or related fields that have completed the 
                educational or career training program.
                    (F) The rate at which participants are retained in 
                positions of employment 1 year after the date on which 
                the participant has completed the program.
                    (G) The percentage of participants enrolled in the 
                educational or career training program who obtain a 
                recognized postsecondary credential or a secondary 
                school diploma or its recognized equivalent not later 
                than 1 year after exiting the program.
                    (H) The wage amount of participants 1 year after 
                program completion.
            (2) Disaggregation of data.--The data collected and 
        reported under this subsection shall be disaggregated by--
                    (A) each population specified in subparagraphs (A) 
                through (M) of section 3(24) of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3102(24));
                    (B) race;
                    (C) ethnicity;
                    (D) sex; and
                    (E) age.
            (3) Data collection assistance.--The Secretary shall assist 
        grantees in the collection of data under this subsection--
                    (A) by making available, in coordination with the 
                Secretary of Energy and where practicable, low-cost 
                means of tracking the labor market outcomes of 
                participants; and
                    (B) by providing standardized reporting forms, 
                where appropriate.
    (l) Technical and Oversight Assistance.--The Secretary shall 
provide technical assistance and oversight--
            (1) to assist eligible entities in applying for grants 
        under this section; and
            (2) to assist grantees in administering grants received 
        under this section.
    (m) Reporting Requirements.--
            (1) Initial report.--Not later than 18 months after the 
        date on which the grant program is established, the Secretary 
        shall submit to the appropriate committees of Congress an 
        initial report describing the results of the grant program, 
        including a description of--
                    (A) the grantees that were awarded a grant under 
                this section; and
                    (B) the activities for which the grantees described 
                in subparagraph (A) used a grant awarded under this 
                section.
            (2) Additional reports.--Not later than 2 years after the 
        date on which the initial report is submitted under paragraph 
        (1), and every 2 years thereafter, the Secretary shall submit 
        to the appropriate committees of Congress a report describing 
        the results of the grant program for the 2-year period 
        preceding the report.
    (n) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $25,000,000 for each of fiscal years 
        2024 through 2028.
            (2) Administrative expenses.--The Secretary may use not 
        more than 4 percent of the amount appropriated under paragraph 
        (1) for each fiscal year for administrative expenses, including 
        expenses relating to providing technical assistance and 
        oversight activities under subsection (l).
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