[Senate Report 116-205]
[From the U.S. Government Publishing Office]
Calendar No. 352
116th Congress Report
SENATE
2d Session 116-205
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DEPARTMENT OF ENERGY NATIONAL LABS JOBS ACCESS ACT
_______
January 15, 2020.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 1739]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1739) to enable projects that will aid in
the development and delivery of related instruction associated
with apprenticeship and preapprenticeship programs that are
focused on serving the skilled technical workforce at the
National Laboratories and certain facilities of the National
Nuclear Security Administration, and for other purposes, having
considered the same, reports favorably thereon without
amendment, and recommends that the bill do pass.
PURPOSE
The purpose of S. 1739 is to enable projects that will aid
in the development and delivery of related instruction
associated with apprenticeship and preapprenticeship programs
that are focused on serving the skilled technical workforce at
the National Laboratories and certain facilities of the
National Nuclear Security Administration.
BACKGROUND AND NEED
The Department of Energy's (DOE) National Laboratory system
is comprised of 17 national laboratories with distinct
capabilities that enable the United States to be the world
leader in research, development, demonstration, and deployment.
The national laboratories are generally classified as science
laboratories, technology laboratories, or national security
laboratories. The 2017 DOE Annual Report on the State of the
National Laboratories (Annual Report) details how the national
laboratories are able ``to tackle multidisciplinary problems
with long time horizons, often coupling fundamental discovery
research, technology development, and demonstration projects.''
According to the Annual Report, there are 57,600 full-time
equivalent employees at the national laboratories. In addition
to employees, the national laboratories also have joint faculty
appointments, postdoctoral researchers, undergraduate students,
graduate students, facility users, and visiting scientists.
The missions of the national laboratories require their
workforce to have unique skills and expertise, often in highly
specialized fields. A decline in science and engineering
degrees coupled with a highly competitive job market can make
it challenging for the national laboratories to recruit and
retain suitable employees. In addition, national laboratories
are facing a challenge with many long-time employees reaching
retirement age within the next few years.
The national labs have taken a number of actions to try to
develop qualified candidates for these specialized positions,
including developing a joint recruiting strategy to improve the
visibility of the national laboratory system and conducting
recruitment efforts aimed to improve workplace diversity.
S. 1739 aims to improve the pipeline of talent for the
national laboratories by providing grant funding for the
development and delivery of programs that can fill the skills
gap in their workforce.
LEGISLATIVE HISTORY
S. 1739 was introduced by Senators Duckworth and Crapo on
June 5, 2019. The Energy Subcommittee held a hearing on this
measure on September 11, 2019.
Congressman Lujan (D-NM) introduced H. R. 3135, companion
legislation, in the House of Representatives on June 5, 2019,
which was referred to the Committee on Education and Labor.
During the 115th Congress, Representative Lujan introduced
similar legislation, H. R. 5567, in the House of
Representatives.
The Senate Committee on Energy and Natural Resources met in
open business session on November 19, 2019, and ordered S. 1739
favorably reported.
Following the Committee's action, similar legislation was
enacted as section 3122 of the National Defense Authorization
Act for Fiscal Year 2020, Public Law 116-92.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on November 19, 2019, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
1739. Senator Lee asked to be recorded as voting no.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 sets forth the short title of the bill.
Sec. 2. National Laboratory Jobs Access Program
Section 2(a) requires the Secretary of Energy (Secretary)
to establish the Department of Energy National Lab Jobs ACCESS
Program which will provide competitive grants to eligible
entities for the Federal share of the costs of technical,
skills-based preapprenticeship and apprenticeship programs that
provide postsecondary credentials.
Section 2(b) sets forth requirements for the program.
Section 2(c) sets forth eligibility requirements for the
program.
Section 2(d) requires an eligible entity to submit a grant
application to the Secretary.
Section 2(e) requires the Secretary to prioritize the
applications of eligible entities that meet certain criteria.
Section 2(f) requires the Secretary to consider regional
diversity when awarding grants.
Section 2(g) limits eligible entities to one application
during any one fiscal year (FY).
Section 2(h) limits the amount of a grant to no more than
$500,000 for any 24-month period of the five-year grant period.
Section 2(i) requires a 25 percent non-Federal cost share.
Section 2(j) allows the Secretary to provide technical
assistance to eligible entities to leverage the existing job
training and education programs of the Department of Labor and
other Federal agencies.
Section 2(k) requires the Secretary of Labor to submit a
report to Congress describing any entity that receives a grant
under this section, activities carried out using grant funds,
and best practices used to leverage the investment of the
federal government with the Secretary providing required
information.
Section 2(l) defines relevant terms.
Section 2(m) authorizes $5 million for each of FYs 2020
through 2024.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
S. 1739 would authorize the appropriation of $5 million
annually through 2024 for the Department of Energy (DOE), in
consultation with the Department of Labor (DOL), to establish
the Department of Energy National Lab Jobs ACCESS Program.
Under the proposed program, DOE would award five-year grants
and provide technical assistance to entities that facilitate
preapprenticeship and apprenticeship programs that provide
postsecondary credentials and prepare students for obtaining
technician positions at the National Laboratories and the
National Nuclear Security Administration. The bill also would
require DOL to report to the Congress on the proposed program.
CBO estimates that implementing S. 1739 would cost $14
million over the 2020-2024 period and $11 million after 2024,
assuming appropriation of the specified amounts and that the
bill is enacted near the end of 2019. Estimated outlays are
based on historical spending patterns for similar programs,
adjusted for the timing of assumed implementation. The costs of
the legislation, detailed in Table 1, would fall within budget
functions 270 (energy) and 500 (education, training,
employment, and social services).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1739
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By fiscal year, millions of dollars--
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2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2020-2024 2020-2029
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Authorization..................................... 5 5 5 5 5 0 0 0 0 0 25 25
Estimated Outlays................................. * 2 3 4 5 5 3 2 1 * 14 25
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* = between zero and $500,000.
The CBO staff contact for this estimate is Aaron Krupkin.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1739. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1739, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1739, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of Energy at the
September 11, 2019, hearing on S. 1739 follows:
Testimony of Under Secretary of Energy Mark W. Menezes, U.S. Department
of Energy
introduction
Chairman Cassidy, Ranking Member Heinrich, and Members of
the Subcommittee, it is a privilege and an honor to serve at
the Department of Energy (DOE or the Department), which is
tasked with, among other important responsibilities: overseeing
the Nation's nuclear energy research and development programs;
creating and sustaining American leadership in the transition
to a global clean energy economy; working effectively with the
States on our Nation's energy challenges; and supporting our
current, and developing our Nation's future, energy workforce.
Thank you for the opportunity to testify today on behalf of the
Department regarding legislation pertinent to DOE that is now
pending in the Senate.
I have been asked to testify on nine (9) bills today. The
Administration continues to review all of these bills. I
appreciate the ongoing bipartisan efforts to address our
Nation's energy challenges and I look forward to working with
the Committee.
human capital
In the United States we are producing a wider range of
fuels, more abundantly and affordably, while using them more
cleanly and efficiently than ever. As part of a balanced
approach to energy policy, our Nation is vastly improving
energy choice, embracing new and smarter ways to reach our
energy, and our environmental goals. In the United States, our
energy renaissance over the last decade has been nothing short
of a game-changer. As energy evolves, so too does our demand on
our current and future workforce.
S. 1739--Department of Energy National Labs ACCESS Act
S. 1739, Department of Energy National Labs ACCESS Act,
directs the Secretary to establish competitive five (5)-year
grants to conduct Federal cost-sharing to aid in the
development and delivery of related instruction associated with
pre-apprenticeship and apprenticeship programs specifically
designed to train critical skill sets needed to fill positions
at the National Laboratories and at National Nuclear Security
Administration (NNSA) sites.
Sec. 2. (a) of the bill proposes that, ``Not later than 180
days after the date of enactment of this Act, the Secretary
shall establish a program known as the `Department of Energy
National Lab Jobs ACCESS program.''' NNSA's Office of
Acquisition and Program Management is concerned that six months
may not be long enough to implement a technical skills-based
pre-apprenticeship and apprenticeship program envisioned by the
Act. Further, NNSA's Office of Research, Development, Test &
Evaluation notes that there is no funding path for the grant
awards identified in the legislation and current funding cannot
support the creation of a new program within six months. We
defer to the Department of Labor on the technical aspects of
the apprenticeship language as the Department of Labor is the
lead Federal agency on pre-apprenticeship and apprenticeship
programs, and as noted above, provides oversight of workforce
development boards authorized under WIOA.
conclusion
Thank you again for the opportunity to be here today. The
Department appreciates the ongoing bipartisan efforts to
address our Nation's energy challenges, and looks forward to
working with the Committee on the legislation on today's agenda
and any future legislation. I would be happy to answer your
questions.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 1739 as ordered
reported.