[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4205 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4205

    To require the Secretary of Labor to award grants for promoting 
   industry or sector partnerships to encourage industry growth and 
    competitiveness and to improve worker training, retention, and 
          advancement as part of an infrastructure investment.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2024

   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 award grants for promoting 
   industry or sector partnerships to encourage industry growth and 
    competitiveness and to improve worker training, retention, and 
          advancement as part of an infrastructure investment.

    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 ``Building U.S. Infrastructure by 
Leveraging Demands for Skills'' or the ``BUILDS Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to promote industry or sector 
partnerships that engage in collaborative planning, resource alignment, 
and training efforts across multiple businesses, for a range of workers 
employed or potentially employed by infrastructure industries, in order 
to encourage industry growth and competitiveness and to improve worker 
training, retention, and advancement.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Apprenticeship program.--The term ``apprenticeship 
        program'' means a program of apprenticeship 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) Career and technical education; career guidance and 
        academic counseling.--The terms ``career and technical 
        education'' and ``career guidance and academic counseling'' 
        have the meanings given such terms in section 3 of the Carl D. 
        Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
        2302).
            (3) Career pathway; economic development agency.--The terms 
        ``career pathway'' and ``economic development agency'' have the 
        meanings given such terms in section 3 of the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3102).
            (4) Eligible partnership.--The term ``eligible 
        partnership'' means a partnership that is an industry or sector 
        partnership, or, with respect to an implementation grant, a 
        partnership that is in the process of establishing an industry 
        or sector partnership.
            (5) Implementation grant.--The term ``implementation 
        grant'', with respect to a grant under this Act, means a grant 
        described in section 4(b)(1)(A).
            (6) individual with a barrier to employment; industry or 
        sector partnership; local board; recognized postsecondary 
        credential.--The terms ``individual with a barrier to 
        employment'', ``industry or sector partnership'', ``local 
        board'', and ``recognized postsecondary credential'' have the 
        meanings given such terms in section 3 of the Workforce 
        Innovation and Opportunity Act.
            (7) Renewal grant.--The term ``renewal grant'', with 
        respect to a grant under this Act, means a grant described in 
        section 4(b)(1)(B).
            (8) Secondary school.--The term ``secondary school'' has 
        the meaning given such term in section 3 of the Workforce 
        Innovation and Opportunity Act.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (10) State; state board.--The terms ``State'' and ``State 
        board'' have the meanings given such terms in section 3 of such 
        Act.
            (11) Targeted infrastructure industry.--The term ``targeted 
        infrastructure industry'' means an industry, including 
        transportation (including surface, transit, maritime, aviation, 
        or railway transportation), construction, energy, information 
        technology, or utilities industries, that the eligible 
        partnership identifies in accordance with section 5(c) to be 
        served by a grant under this Act.
            (12) Work-based learning program.--
                    (A) In general.--The term ``work-based learning 
                program'' means a program (which may be an 
                apprenticeship program) that provides workers with paid 
                work experience and corresponding approved classroom 
                instruction, delivered in an employment relationship 
                that both the employer and worker intend to lead to 
                continuing employment after the program ends.
                    (B) Paid work experience.--In subparagraph (A), the 
                term ``paid work experience'' includes training by an 
                employer that is provided to a paid employee while 
                engaged in productive work in a job that provides 
                knowledge or skills essential to the full and adequate 
                performance of the job.

SEC. 4. GRANTS AUTHORIZED.

    (a) In General.--The Secretary, in consultation with the Secretary 
of Transportation, the Secretary of Energy, the Secretary of Commerce, 
the Secretary of Education, the Administrator of the Environmental 
Protection Agency, and the Chief of Engineers and Commanding General of 
the Army Corps of Engineers, shall award, on a competitive basis, 
grants to eligible partnerships to plan and implement activities 
described in section 6 to achieve the strategic objectives described in 
section 5(d) with respect to a targeted infrastructure industry.
    (b) Grants.--
            (1) Types of grants.--A grant awarded under this Act may be 
        in the form of--
                    (A) an implementation grant, for eligible 
                partnerships seeking an initial grant under this Act; 
                or
                    (B) a renewal grant for eligible partnerships that 
                have already received an implementation grant under 
                this Act.
            (2) Duration.--Each grant awarded under this Act shall be 
        for a period not to exceed 3 years.
            (3) Amount.--The amount of a grant awarded under this Act 
        may not exceed--
                    (A) for an implementation grant, $2,500,000; and
                    (B) for a renewal grant, $1,500,000.
    (c) Award Basis.--
            (1) Geographic diversity.--The Secretary shall award grants 
        under this Act in a manner that ensures geographic diversity in 
        the areas in which activities will be carried out under the 
        grants.
            (2) Priority for renewal grants.--In awarding renewal 
        grants under this Act, the Secretary shall give priority to 
        eligible partnerships that--
                    (A) demonstrate long-term sustainability of an 
                industry or sector partnership;
                    (B) demonstrate success in improving access to and 
                retention in work-based learning programs for 
                individuals with barriers to employment and those 
                underrepresented in the infrastructure industry; and
                    (C) agree to provide a non-Federal share of the 
                cost of the activities that will be carried out under 
                the grant.

SEC. 5. APPLICATION PROCESS.

    (a) In General.--An eligible partnership desiring a grant under 
this Act shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
require, including the contents described in subsection (b).
    (b) Contents.--An application submitted under this Act shall 
contain, at a minimum--
            (1) a description of the eligible partnership, evidence of 
        the eligible partnership's capacity to carry out activities to 
        achieve the strategic objectives described in subsection (d), 
        and the expected participation and responsibilities of each of 
        the partners included in the eligible partnership;
            (2) a description of the targeted infrastructure industry 
        served by the grant and a description of how such industry was 
        identified in accordance with subsection (c);
            (3) a description of the workers that will be targeted or 
        recruited by the eligible partnership, including an analysis of 
        the existing labor market, a description of potential barriers 
        to employment for targeted workers, and a description of 
        strategies that will be employed to help workers overcome such 
        barriers;
            (4) a description of the federally-, State-, or locally-
        funded infrastructure projects on which the eligible 
        partnership anticipates engaging partners;
            (5) a description of the strategic objectives described in 
        subsection (d) that the eligible partnership intends to achieve 
        concerning the targeted infrastructure industry;
            (6) a description of the credentials that the eligible 
        partnership proposes to use or develop as a performance measure 
        to assess the degree to which the eligible partnership has 
        achieved such strategic objectives, which such credentials--
                    (A) shall be nationally portable;
                    (B) shall be recognized postsecondary credentials 
                or, if not available for the industry, other 
                credentials determined by the Secretary to be 
                appropriate;
                    (C) shall be related to the targeted infrastructure 
                industry that the eligible partnership proposes to 
                support; and
                    (D) may be credentials for an apprenticeship 
                program;
            (7) a description of the manner in which the eligible 
        partnership intends to make sustainable progress towards 
        achieving such strategic objectives;
            (8) performance measures for measuring progress towards 
        achieving such strategic objectives;
            (9) a description of the Federal and non-Federal resources, 
        available under provisions of law other than this Act, that 
        will be leveraged in support of the partnerships and activities 
        under this Act; and
            (10) a timeline for progress towards achieving such 
        strategic objectives.
    (c) Targeted Infrastructure Industry.--Each grant under this Act 
shall serve a targeted infrastructure industry that is identified by 
the eligible partnership through working with businesses, industry 
associations and organizations, labor organizations, State boards, 
local boards, economic development agencies, and other organizations 
that the eligible partnership determines necessary.
    (d) Strategic Objectives.--The activities to be carried out under 
each grant awarded under this Act shall be designed to achieve 
strategic objectives that include the following:
            (1) Recruiting key stakeholders in the targeted 
        infrastructure industry, such as multiple businesses, labor 
        organizations, local boards, and education and training 
        providers (including providers of career and technical 
        education) and regularly convening the stakeholders in a 
        collaborative structure that supports the sharing of 
        information, ideas, and challenges common to the targeted 
        infrastructure industry.
            (2) Supporting the training needs of multiple businesses in 
        the targeted infrastructure industry, including needs--
                    (A) for skills critical to competitiveness and 
                innovation in the industry;
                    (B) of the apprenticeship programs or other work-
                based learning programs supported by the grant; and
                    (C) related to integrating career pathways.
            (3) Facilitating actions that lead to economies of scale by 
        aggregating training and education needs of multiple 
        businesses.
            (4) Helping postsecondary educational institutions, 
        training institutions, sponsors of apprenticeship programs, and 
        all other providers of career and technical education and 
        training programs receiving assistance under this Act, align 
        curricula, entrance requirements, and programs to the targeted 
        infrastructure industry needs and the credentials described in 
        subsection (b)(6), particularly for higher skill, high-priority 
        occupations related to the targeted infrastructure industry.
            (5) Providing information on the grant activities to the 
        State agency carrying out the State program under the Wagner-
        Peyser Act (29 U.S.C. 49 et seq.), including staff of the 
        agency that provide services under such Act, to enable the 
        agency to inform recipients of unemployment compensation of the 
        employment and training opportunities that may be offered 
        through the grant activities.
            (6) Helping partner businesses in industry or sector 
        partnerships to attract and retain workers from a diverse 
        jobseeker base, including individuals with barriers to 
        employment and those underrepresented in the industry or 
        sector, by identifying any such barriers through analysis of 
        the labor market and implementing strategies to help such 
        workers overcome such barriers.
            (7) Expanding the number of individuals with a barrier to 
        employment who have access to training and education 
        opportunities that are aligned with business needs and 
        providing those individuals with supports necessary to address 
        the barrier to their employment.

SEC. 6. ACTIVITIES.

    (a) In General.--An eligible partnership receiving a grant under 
this Act shall--
            (1) designate an entity in the eligible partnership as the 
        fiscal agent for the grant funds; and
            (2) carry out activities described in subsections (b) (as 
        applicable), (c), and (d) to achieve the strategic objectives 
        identified in the eligible partnership's application under 
        section 5(b)(5), in a manner that integrates services and 
        funding sources to ensure effectiveness of the activities and 
        that uses the grant funds efficiently.
    (b) Planning Activities.--An eligible partnership receiving an 
implementation grant under this Act shall use not more than $250,000 of 
the grant funds to carry out planning activities during the first year 
of the grant period. Such activities may include--
            (1) establishing the industry or sector partnership;
            (2) convening key stakeholders as identified in the 
        application process;
            (3) conducting outreach to local businesses and business 
        associations;
            (4) conducting an evaluation of workforce needs in the 
        local area; or
            (5) recruiting individuals with barriers to employment.
    (c) Business Engagement.--An eligible partnership receiving a grant 
under this Act shall use the grant funds to provide services to engage 
businesses in efforts to achieve the strategic objectives identified in 
the eligible partnership's application under section 5(b)(5). Such 
services may include assisting businesses--
            (1) in navigating the registration process for a sponsor of 
        an apprenticeship program;
            (2) by connecting the business with an education provider, 
        including a provider of career and technical education, to 
        develop classroom instruction to complement on-the-job 
        learning;
            (3) in developing the curriculum design of a work-based 
        learning program;
            (4) in employing workers participating in a work-based 
        learning program for a transitional period before a business 
        hires the worker for full-time employment of not less than 30 
        hours a week;
            (5) in providing training to managers and front-line 
        workers to serve as trainers or mentors to workers 
        participating in a work-based learning program;
            (6) in providing career awareness activities, such as 
        career guidance and academic counseling; and
            (7) in recruiting, for participation in a work-based 
        learning program, individuals eligible to receive additional 
        workforce or human services, including--
                    (A) individuals participating in programs under the 
                Workforce Innovation and Opportunity Act (29 U.S.C. 
                3101 et seq.), and the amendments made by such Act, 
                including to the Rehabilitation Act of 1973 (29 U.S.C. 
                701 et seq.);
                    (B) recipients of assistance through the 
                supplemental nutrition assistance program established 
                under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 
                et seq.);
                    (C) recipients of assistance through the program of 
                block grants to States for temporary assistance for 
                needy families established under part A of title IV of 
                the Social Security Act (42 U.S.C. 601 et seq.); or
                    (D) any other individuals with a barrier to 
                employment.
    (d) Support Services.--An eligible partnership receiving a grant 
under this Act shall use the grant funds to provide services to support 
the success and retention of individuals described in subsection (c)(7) 
who are participating in a work-based learning program for a period of 
not less than 12 months. Such services may include the following:
            (1) Pre-employment services.--Services, provided in a pre-
        employment stage of the program, to expand access to a work-
        based learning program for individuals described in subsection 
        (c)(7). Such services may include--
                    (A) skills training;
                    (B) career and technical education or adult basic 
                education;
                    (C) initial skills assessments;
                    (D) providing work attire, necessary tools for a 
                work site, and other required items necessary to start 
                employment;
                    (E) wrap-around services, such as child care and 
                transportation; and
                    (F) job placement assistance.
            (2) Early employment services.--Services provided to 
        individuals described in subsection (c)(7) who are 
        participating in a work-based learning program during their 
        first 6 months of employment through such program to assure the 
        individuals succeed in the program. Such services may include--
                    (A) ongoing case management and support services, 
                including the services provided in the pre-employment 
                stage described in paragraph (1);
                    (B) continued skills training, including career and 
                technical education conducted in collaboration with 
                employers of such individuals;
                    (C) additional mentorship and retention supports 
                for such individuals;
                    (D) targeted training for frontline managers, 
                journey-level workers working with such individuals 
                (such as mentors), and human resource representatives 
                within the business where such individuals are placed; 
                and
                    (E) wages and benefits for a period of not more 
                than 6 months, during which the eligible partnership 
                shall serve as the employer of record of such 
                individuals.
            (3) Employment services.--Services to ensure the 
        individuals described in paragraph (2) maintain employment in 
        the work-based learning program for at least 12 months. The 
        services shall include support necessary to complete the work-
        based learning program, such as continuation of mentoring and 
        support services provided under paragraph (2).
    (e) Evaluation and Progress Reports.--
            (1) In general.--Not later than 1 year after receiving a 
        grant under this Act, and annually thereafter, the eligible 
        partnership receiving the grant shall submit a report to the 
        Secretary and the Governor of the State that the eligible 
        partnership serves, that--
                    (A) describes the activities funded by the grant;
                    (B) evaluates the progress the eligible partnership 
                has made towards achieving the strategic objectives 
                identified under section 5(b)(5); and
                    (C) evaluates the progress of the eligible 
                partnership based on each of the indicators of 
                performance described in paragraph (2)(A), as 
                disaggregated in accordance with paragraph (2)(C).
            (2) Indicators of performance.--
                    (A) In general.--For purposes of paragraph (1)(C), 
                the indicators of performance described in this 
                subparagraph are each of the following:
                            (i) The percentage of individuals 
                        participating in a work-based learning program 
                        supported by the grant who are in unsubsidized 
                        employment during the second quarter after exit 
                        from participating in such program.
                            (ii) The percentage of individuals 
                        participating in a work-based learning program 
                        supported by the grant who are in unsubsidized 
                        employment during the fourth quarter after exit 
                        from participating in such program.
                            (iii) The median earnings of individuals 
                        participating in a work-based learning program 
                        supported by the grant who are in unsubsidized 
                        employment during the second quarter after exit 
                        from participating in such program.
                            (iv) The percentage of individuals 
                        participating in a work-based learning program 
                        supported by the grant who obtain a recognized 
                        postsecondary credential, or a secondary school 
                        diploma or its recognized equivalent (subject 
                        to subparagraph (B)), during such participation 
                        in such program or within 1 year after exit 
                        from participating in such program.
                            (v) The percentage of individuals 
                        participating in a work-based learning program 
                        supported by the grant who, during a program 
                        year, are in an education or training program 
                        that leads to a recognized postsecondary 
                        credential or employment and who are achieving 
                        measurable skill gains toward such a credential 
                        or employment.
                    (B) Indicator relating to credential.--For purposes 
                of subparagraph (A)(iv), individuals participating in a 
                work-based learning program supported by the grant who 
                obtain a secondary school diploma or its recognized 
                equivalent shall be included in the percentage counted 
                as meeting the criterion under such subparagraph only 
                if such individuals, in addition to obtaining such 
                diploma or its recognized equivalent, have obtained or 
                retained employment or are in an education or training 
                program leading to a recognized postsecondary 
                credential not later than 1 year after exit from the 
                work-based learning program supported by the grant.
                    (C) Disaggregation.--The indicators of performance 
                under paragraph (1)(C) shall be disaggregated by--
                            (i) each population specified in 
                        subparagraphs (A) through (N) of section 3(24) 
                        of the Workforce Innovation and Opportunity Act 
                        (29 U.S.C. 3102(24)); and
                            (ii) race, ethnicity, sex, and age.
    (f) Administrative Costs.--An eligible partnership may use not more 
than 5 percent of the funds awarded through a grant under this Act for 
administrative expenses in carrying out this section.

SEC. 7. ADMINISTRATION BY THE SECRETARY.

    (a) In General.--The Secretary may use not more than 10 percent of 
the amount appropriated under section 8 for each fiscal year for 
administrative expenses to carry out this Act, including the expenses 
of providing the technical assistance and oversight activities under 
subsection (b).
    (b) Technical Assistance; Oversight.--The Secretary shall provide 
technical assistance and oversight to assist the eligible partnerships 
in applying for and administering grants awarded under this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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