[Congressional Record Volume 155, Number 9 (Thursday, January 15, 2009)]
[Senate]
[Pages S619-S620]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. MURRAY (for herself, Mr. Brown, and Ms. Stabenow):
  S. 269. A bill to provide funding for unemployment and training 
activities for dislocated workers and adults, and for other purposes; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 269

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. FINDINGS.

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

     SEC. 3. PURPOSE.

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

     SEC. 4. DEFINITIONS.

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

     SEC. 5. ACTIVITIES FOR DISLOCATED WORKERS.

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

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

       (a) Purpose.--The purpose of this section is to fully 
     utilize the Nation's human capital by--
       (1) helping adults with multiple barriers to employment 
     acquire the skills to obtain jobs in viable industries, by 
     providing intensive services, training services, and other 
     employment and training activities; and
       (2) in particular, by providing employment and training 
     activities in green-collar industries and other viable 
     industries.
       (b) Definition.--The term ``adult with multiple barriers to 
     employment'' means an

[[Page S620]]

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

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

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

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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