Relaunching America’s Workforce Act

I 117TH CONGRESS 1ST SESSION H. R. 602 To provide State and local workforce and career and technical education systems with support to respond to the COVID–19 national emergency. IN THE HOUSE OF REPRESENTATIVES JANUARY 28, 2021 Mr. SCOTT of Virginia (for himself, Mr. LEVIN of Michigan, Ms. BONAMICI, Ms. CRAIG, Mr. POCAN, Mrs. MCBATH, Mrs. TRAHAN, Mr. CASTRO of Texas, Mr. HORSFORD, Ms. STEVENS, Mr. SABLAN, Mr. SMITH of Wash- ington, Ms. ADAMS, Mr. COURTNEY, Mr. FOSTER, Ms. MENG, Mr. TAKANO, Mr. NORCROSS, Ms. WILD, Mr. SUOZZI, Mr. LANGEVIN, and Ms. SHERRILL) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To provide State and local workforce and career and tech- nical education systems with support to respond to the COVID–19 national emergency. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Relaunching America’s Workforce Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents is 6 as follows: 7 VerDate Sep 11 2014 21:55 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H602.IH H602 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 602 IH Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Special rule. TITLE I—WORKFORCE INNOVATION AND OPPORTUNITY ACT Sec. 101. Definitions and WIOA requirements. Subtitle A—Workforce Development Activities in Response to the COVID–19 National Emergency Sec. 111. Workforce response activities. Sec. 112. National dislocated worker grants. Sec. 113. State dislocated worker activities responding to the COVID–19 emer- gency. Sec. 114. Youth workforce investment activities responding to the COVID–19 national emergency. Sec. 115. Adult employment and training activities responding to the COVID– 19 national emergency. Subtitle B—Employment Service COVID–19 National Emergency Response Fund Sec. 121. Employment service. Subtitle C—Job Corps Response to the COVID–19 National Emergency Sec. 131. Job Corps response to the COVID–19 national emergency. Subtitle D—National Programs Sec. 141. Native American programs responding to the COVID–19 national emergency. Sec. 142. Migrant and seasonal farmworker program response. Sec. 143. YouthBuild activities responding to the COVID–19 national emer- gency. Sec. 144. Reentry employment opportunities responding to the COVID–19 na- tional emergency. Sec. 145. Registered apprenticeship opportunities responding to the COVID–19 national emergency. Subtitle E—Adult Education and Literacy COVID–19 National Emergency Response Sec. 151. Definitions. Sec. 152. Adult education and literacy response activities. Sec. 153. Distribution of funds. Subtitle F—Community College and Industry Partnership Grants Sec. 161. Community college and industry partnership grants. Subtitle G—General Provisions Sec. 171. General provisions. TITLE II—CARL D. PERKINS CAREER AND TECHNICAL EDUCATION ACT OF 2006 VerDate Sep 11 2014 21:55 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H602.IH H602 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 602 IH Sec. 201. Definitions and Perkins CTE requirements. Sec. 202. Perkins career and technical education. Sec. 203. General provisions. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) APPRENTICESHIP; APPRENTICESHIP PRO- 3 GRAM.—The terms ‘‘apprenticeship’’ or ‘‘apprentice- 4 ship program’’ mean an apprenticeship program reg- 5 istered under the Act of August 16, 1937 (commonly 6 known as the ‘‘National Apprenticeship Act’’) (50 7 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), in- 8 cluding any requirement, standard, or rule promul- 9 gated under such Act, as such requirement, stand- 10 ard, or rule was in effect on December 30, 2019. 11 (2) CORONAVIRUS.—The term ‘‘coronavirus’’ 12 means coronavirus as defined in section 506 of the 13 Coronavirus Preparedness and Response Supple- 14 mental Appropriations Act, 2020 (Public Law 116– 15 123). 16 (3) COVID–19 NATIONAL EMERGENCY.—The 17 term ‘‘COVID–19 national emergency’’ means the 18 national emergency declared by the President under 19 the National Emergencies Act (50 U.S.C. 1601 et 20 seq.) on March 13, 2020, with respect to the 21 coronavirus. 22 (4) SECRETARY.—The term ‘‘Secretary’’— 23 VerDate Sep 11 2014 21:55 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H602.IH H602 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 602 IH (A) as used in subtitles A through D, and 1 subtitle F of title I, means the Secretary of 2 Labor; and 3 (B) as used in subtitle E of title I and in 4 title II, means the Secretary of Education. 5 SEC. 3. SPECIAL RULE. 6 Any funds made available under this Act that are 7 used to fund an apprenticeship or apprenticeship program 8 shall only be used for, or provided to, an apprenticeship 9 or apprenticeship program that meets the definition of 10 such term in section 2 of this Act, including any funds 11 awarded for the purposes of grants, contracts, or coopera- 12 tive agreements, or the development, implementation, or 13 administration, of an apprenticeship or an apprenticeship 14 program. 15 TITLE I—WORKFORCE INNOVA- 16 TION AND OPPORTUNITY ACT 17 SEC. 101. DEFINITIONS AND WIOA REQUIREMENTS. 18 Except as otherwise provided, in this title— 19 (1) a term used that is defined in section 3 of 20 the Workforce Innovation and Opportunity Act (29 21 U.S.C. 3102) shall have the meaning given such 22 term; and 23 (2) an allotment, allocation, or other provision 24 of funds made in accordance with a provision of the 25 VerDate Sep 11 2014 21:55 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H602.IH H602 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 602 IH Workforce Innovation and Opportunity Act (29 1 U.S.C. 3101 et seq.) shall be made in compliance 2 with the applicable requirements of such Act (29 3 U.S.C. 3101 et seq.), including the applicable re- 4 quirements of section 182(e) of such Act (29 U.S.C. 5 3242(e)). 6 Subtitle A—Workforce Develop- 7 ment Activities in Response to 8 the COVID–19 National Emer- 9 gency 10 SEC. 111. WORKFORCE RESPONSE ACTIVITIES. 11 (a) FUNDS FOR ADULTS AND DISLOCATED WORK- 12 ERS.—With respect to funds appropriated under section 13 113(d) or 115(c) and allotted or allocated to a State or 14 local area for adult workforce development activities in ac- 15 cordance with paragraph (2)(A) or paragraph (3) of sec- 16 tion 133(b) of the Workforce Innovation and Opportunity 17 Act (29 U.S.C. 3173(b)), or allocated to a local area for 18 dislocated worker workforce development activities in ac- 19 cordance with section 133(b)(2)(B) of such Act (29 U.S.C. 20 3173(b)(2)(B)), the following shall apply: 21 (1) ELIGIBILITY OF ADULTS AND DISLOCATED 22 WORKERS.—Such an adult or dislocated worker— 23 (A) shall not be required to meet the re- 24 quirements of section 134(c)(3)(B) of the 25 VerDate Sep 11 2014 21:55 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H602.IH H602 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 602 IH Workforce Innovation and Opportunity Act (29 1 U.S.C. 3174(c)(3)(B)); 2 (B) may include an individual described in 3 section 2102(a)(3)(A) of the Coronavirus Aid, 4 Relief, and Economic Security Act (Public Law 5 116–136); and 6 (C) shall include individuals with barriers 7 to employment, including individuals with dis- 8 abilities. 9 (2) INDIVIDUALIZED CAREER SERVICES.—Such 10 funds may be used to provide individualized career 11 services described in section 134(c)(2)(A)(xii) of the 12 Workforce Innovation and Opportunity Act (29 13 U.S.C. 3174(c)(2)(A)(xii)) to any such adult and 14 dislocated worker. 15 (3) INCUMBENT WORKER TRAINING.—In a case 16 in which the local board for such local area provides 17 to the Secretary an assurance that the local area will 18 use such funds to provide the work support activities 19 designed to assist low-wage workers in retaining and 20 enhancing employment in accordance with section 21 134(d)(1)(B) of the Workforce Innovation and Op- 22 portunity Act (29 U.S.C. 3174(d)(1)(B)), such local 23 board may— 24 VerDate Sep 11 2014 21:55 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H602.IH H602 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 602 IH (A) use up to 40 percent of such funds for 1 a training program for incumbent workers de- 2 scribed in section 134(d)(4)(A)(i) of such Act 3 (29 U.S.C. 3174(d)(4)(A)(i)); and 4 (B) consider the economic impact of the 5 COVID–19 national emergency to the employer 6 or participants of such program in determining 7 an employer’s eligibility under section 8 134(d)(4)(A)(ii) of such Act (29 U.S.C. 9 3174(d)(4)(A)(ii)) for the Federal share of the 10 cost of such program. 11 (4) TRANSITIONAL JOBS.— 12 (A) IN GENERAL.—The local board for 13 such local area may use up to 40 percent of 14 such funds to provide transitional jobs in ac- 15 cordance with section 134(d)(5) of the Work- 16 force Innovation and Opportunity Act (29 17 U.S.C. 3174(d)(5)). 18 (B) CLARIFICATION.—Section 194(10) of 19 the Workforce Innovation and Opportunity Act 20 (29 U.S.C. 3254(10)) shall not apply with re- 21 spect to the funds used under subparagraph 22 (A). 23 (5) ON-THE-JOB TRAINING.—The Governor or 24 the local board for such area may take into account 25 VerDate Sep 11 2014 21:55 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H602.IH H602 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 602 IH the impact of the COVID–19 national emergency as 1 a factor in determining whether to increase the 2 amount of a reimbursement to an amount up to 75 3 percent of the wage rate of a participant in accord- 4 ance with 134(c)(3)(H) of the Workforce Innovation 5 and Opportunity Act (29 U.S.C. 3174(c)(3)(H)). 6 (6) CUSTOMIZED TRAINING.—The local board 7 of such area or Governor may take into account the 8 impact of the COVID–19 national emergency as a 9 factor in determining the portion of the cost of 10 training an employer shall provide in accordance 11 with section 3(14) of the Workforce Innovation and 12 Opportunity Act (29 U.S.C. 3102(14)). 13 (b) GOVERNOR’S RESERVE.—Of the funds appro- 14 priated under section 113(d), 114(d), or 115(c) and allot- 15 ted under subtitle B of title I of the Workforce Innovation 16 and Opportunity Act (29 U.S.C. 3162, 3172) to a State 17 in accordance with section 127(b)(1)(C) and paragraphs 18 (1)(B) and (2)(B) of section 132(b) of the Workforce In- 19 novation and Opportunity Act (29 U.S.C. 3162(b)(1)(C); 20 3172(b)), the Governor— 21 (1) shall make the reservation under section 22 128(a) and 133(a)(1) of such Act (29 U.S.C. 23 3163(a); 3173(a)(1)) and use the reserved funds for 24 statewide activities described in section 129(b) or 25 VerDate Sep 11 2014 21:55 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H602.IH H602 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 602 IH paragraphs (2)(B) or (3) of section 134(a) of such 1 Act (29 U.S.C. 3164(b); 3174(a)); and 2 (2) may make a reservation (in addition to the 3 reservations described in paragraph (1)) of not more 4 than 10 percent for activities related to responding 5 to the COVID–19 national emergency if such funds 6 are used for activities benefitting local areas within 7 such State most impacted by the COVID–19 na- 8 tional emergency, including— 9 (A) training for health care workers, public 10 health workers, personal care attendants, direct 11 service providers, home health workers, and 12 frontline workers; 13 (B) resources to support, allow for, or pro- 14 vide access to online services, including coun- 15 seling, case management, and employment re- 16 tention supports, and delivery by local boards, 17 one-stop centers, one-stop operators, or training 18 by eligible training providers; or 19 (C) providing additional resources to such 20 local areas to provide career services and sup- 21 portive services for eligible individuals. 22 (c) STATE WORKFORCE COVID–19 RECOVERY 23 PLAN.—Not later than 60 days after a State receives 24 funds appropriated under 113(d), 114(d), or 115(c), the 25 VerDate Sep 11 2014 21:55 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H602.IH H602 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 602 IH Governor shall submit to the Secretary, as a supplement 1 to the unified State plan submitted under sections 102(a) 2 or 103(a) of the Workforce Innovation and Opportunity 3 Act (29 U.S.C. 3112(a); 3113(a)), a workforce plan that 4 responds to the COVID–19 national emergency. 5 SEC. 112. NATIONAL DISLOCATED WORKER GRANTS. 6 (a) GRANTS AUTHORIZED.—From the funds appro- 7 priated under subsection (e), the Secretary shall award, 8 in accordance with section 170 of the Workforce Innova- 9 tion and Opportunity Act (29 U.S.C. 3225), national dis- 10 located worker grants to the entities that meet the require- 11 ments for the grants under such section to carry out the 12 activities described in such section and in subsection (d) 13 of this section. 14 (b) PLAN.—The Secretary shall submit to the Com- 15 mittee on Education and Labor of the House of Rep- 16 resentatives and the Committee on Health, Education, 17 Labor, and Pensions of the Senate, and the Committees 18 on Appropriations of the House of Representatives and the 19 Senate, within 30 days, a plan for awarding grants under 20 this section. 21 (c) TIMING.—Subject to the availability of appropria- 22 tions to carry out this section, not later than 60 days after 23 the date of enactment of this Act, the Secretary shall use 24 VerDate Sep 11 2014 21:55 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H602.IH H602 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 602 IH not less than 50 percent of the funds appropriated under 1 subsection (e) to award grants under this section. 2 (d) USES OF FUNDS.— 3 (1) IN GENERAL.—Not fewer than half of the 4 funds appropriated under subsection (e) shall be 5 used to award grants under this section to respond 6 to the COVID–19 national emergency as described 7 in paragraph (2). 8 (2) RESPONSE TO COVID–19 NATIONAL EMER- 9 GENCY.—A grant awarded under this section to re- 10 spond to the COVID–19 national emergency shall 11 include the following: 12 (A) TRAINING AND TEMPORARY EMPLOY- 13 MENT.—Training and temporary employment to 14 respond to the COVID–19 national emergency, 15 ensuring any training or employment under this 16 subparagraph provides participants with ade- 17 quate and safe equipment, environments, and 18 facilities for training and supervision, including 19 positions or assignments— 20 (i) as personal care attendants, direct 21 servi [Text truncated for display. 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