Transportation Opportunities for Professional Service Act

II 117TH CONGRESS 1ST SESSION S. 356 To develop and improve the transportation workforce, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 22, 2021 Ms. CORTEZ MASTO introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To develop and improve the transportation workforce, and for other purposes. 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 ‘‘Transportation Opportunities for Professional Service 5 Act’’ or the ‘‘TOPS Act’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 Sec. 1. Short title; table of contents. Sec. 2. Task force on developing a 21st century surface transportation work- force. Sec. 3. Definitions for transportation training and education programs. Sec. 4. Transportation education and training program. Sec. 5. Surface transportation workforce grants. VerDate Sep 11 2014 22:03 Mar 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S356.IS S356 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 356 IS Sec. 6. Research and development strategic plan. Sec. 7. Transportation workforce scanning tour and national summit. Sec. 8. Report on barriers to work in emerging transportation technologies. Sec. 9. Centers of Excellence in transportation workforce training. Sec. 10. Transportation workforce outreach program. Sec. 11. Emerging technologies in the transportation workforce. SEC. 2. TASK FORCE ON DEVELOPING A 21ST CENTURY 1 SURFACE TRANSPORTATION WORKFORCE. 2 (a) DEFINITIONS.—In this section: 3 (1) APPRENTICESHIP-READINESS PROGRAM.— 4 The term ‘‘apprenticeship-readiness program’’ 5 means a program or set of strategies that— 6 (A) is designed to prepare individuals to 7 enter and succeed in a registered apprentice- 8 ship; 9 (B) is carried out by a local educational 10 agency (as defined in section 101 of the Ele- 11 mentary and Secondary Education Act of 1965 12 (20 U.S.C. 7801)), a State educational agency 13 (as defined in section 8101 of the Elementary 14 and Secondary Education Act of 1965 (20 15 U.S.C. 7801)), a local workforce development 16 board established under section 107 of the 17 Workforce Innovation and Opportunity Act (29 18 U.S.C. 3122), a State workforce development 19 board, or a labor organization that has a docu- 20 mented partnership with not less than 1 spon- 21 sor of a registered apprenticeship; 22 VerDate Sep 11 2014 22:03 Mar 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S356.IS S356 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 356 IS (C) includes a training program— 1 (i) that has a curriculum that is in ac- 2 cordance with industry standards and re- 3 viewed and approved annually by sponsors 4 of the registered apprenticeships within the 5 documented partnership, that will prepare 6 individuals by teaching the skills and com- 7 petencies needed to enter 1 or more reg- 8 istered apprenticeships; and 9 (ii) that provides hands-on training 10 and theoretical education to individuals 11 that— 12 (I) accurately simulate the indus- 13 try and occupational conditions of the 14 registered apprenticeship program de- 15 scribed in subparagraph (B); and 16 (II) is carried out in a manner 17 that— 18 (aa) includes proper obser- 19 vation of supervision and safety 20 protocols; and 21 (bb) does not displace a paid 22 employee; and 23 VerDate Sep 11 2014 22:03 Mar 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S356.IS S356 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 356 IS (D) is encompassed in a formal agreement 1 between a sponsor of a registered apprentice- 2 ship and an individual that— 3 (i) will enable an individual who suc- 4 cessfully completes the apprenticeship- 5 readiness program to enter directly into 6 the registered apprenticeship, if a place in 7 the program is available; and 8 (ii) includes agreements with respect 9 to earning credit recognized by an institu- 10 tion of higher education for skills and com- 11 petencies acquired during the program. 12 (2) DEPARTMENT.—The term ‘‘Department’’ 13 means the Department of Transportation. 14 (3) INSTITUTION OF HIGHER EDUCATION.—The 15 term ‘‘institution of higher education’’ has the 16 meaning given the term in section 101 of the Higher 17 Education Act of 1965 (20 U.S.C. 1001). 18 (4) INTELLIGENT TRANSPORTATION TECH- 19 NOLOGY.—The term ‘‘intelligent transportation tech- 20 nology’’ means an operational system of various 21 technologies that, when combined and managed, im- 22 prove the operating capabilities of the overall trans- 23 portation system. 24 VerDate Sep 11 2014 22:03 Mar 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S356.IS S356 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 356 IS (5) REGISTERED APPRENTICESHIP.—The term 1 ‘‘registered apprenticeship’’ means an apprenticeship 2 program registered under the Act of August 16, 3 1937 (29 U.S.C. 50 et seq.) (commonly known as 4 the ‘‘National Apprenticeship Act’’), that satisfies 5 the requirements of parts 29 and 30 of title 29, 6 Code of Federal Regulations (as in effect on Janu- 7 ary 1, 2020). 8 (6) SECRETARY.—The term ‘‘Secretary’’ means 9 the Secretary of Transportation. 10 (7) STATE WORKFORCE DEVELOPMENT 11 BOARD.—The term ‘‘State workforce development 12 board’’ means a State workforce development board 13 established under section 101 of the Workforce In- 14 novation and Opportunity Act (29 U.S.C. 3111). 15 (8) TASK FORCE.—The term ‘‘Task Force’’ 16 means the task force established under subsection 17 (b). 18 (9) UNDERREPRESENTED INDIVIDUAL.—The 19 term ‘‘underrepresented individual’’ means— 20 (A) an individual who belongs to a special 21 population (as defined in section 3 of the Carl 22 D. Perkins Career and Technical Education Act 23 of 2006 (20 U.S.C. 2302)); 24 VerDate Sep 11 2014 22:03 Mar 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S356.IS S356 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 356 IS (B) an individual with a barrier to employ- 1 ment (as defined in section 3 of the Carl D. 2 Perkins Career and Technical Education Act of 3 2006 (20 U.S.C. 2302)); or 4 (C) an individual otherwise determined by 5 the Secretary to be underrepresented in the 6 transportation workforce. 7 (10) WORK-BASED LEARNING.—The term 8 ‘‘work-based learning’’ has the meaning given the 9 term in section 3 of the Carl D. Perkins Career and 10 Technical Education Act of 2006 (20 U.S.C. 2302). 11 (b) ESTABLISHMENT.—Not later than 90 days after 12 the date of the enactment of this Act, the Secretary shall 13 establish a task force on developing a 21st century surface 14 transportation workforce. 15 (c) DUTIES OF TASK FORCE.—Not later than 1 year 16 after the establishment of the Task Force under sub- 17 section (b), the Task Force shall develop and submit to 18 the Secretary recommendations and strategies for the De- 19 partment, including— 20 (1) an evaluation of the current and future 21 state of the surface transportation workforce, includ- 22 ing projected job needs in the surface transportation 23 sector; 24 VerDate Sep 11 2014 22:03 Mar 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S356.IS S356 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 356 IS (2) an identification of factors influencing indi- 1 viduals pursuing careers in surface transportation, 2 including barriers to attracting individuals into the 3 surface transportation workforce; 4 (3) how to address barriers to retaining individ- 5 uals in surface transportation careers; 6 (4) an identification of, and how to address, po- 7 tential impacts of emerging technologies, including 8 intelligent transportation technologies, on the sur- 9 face transportation workforce; 10 (5) how to increase access for vulnerable or 11 underrepresented individuals, especially women and 12 minorities, to in-demand surface transportation ca- 13 reers; 14 (6) how to facilitate and encourage elementary, 15 secondary, and post-secondary students in the 16 United States to pursue careers in the surface trans- 17 portation sector; and 18 (7) an identification of ways to develop path- 19 ways for students and individuals to secure a posi- 20 tion in an apprenticeship-readiness program, a reg- 21 istered apprenticeship, and other work-based learn- 22 ing opportunities in the surface transportation sector 23 of the United States. 24 VerDate Sep 11 2014 22:03 Mar 05, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S356.IS S356 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 356 IS (d) CONSIDERATION.—In developing recommenda- 1 tions and strategies pursuant to subsection (c), the Task 2 Force shall— 3 (1) identify factors, including potential stigmas 4 or misperceptions, that influence whether young in- 5 dividuals pursue careers in surface transportation, 6 especially traditionally underrepresented individuals, 7 including women and minorities; 8 (2) consider how to address the potential stig- 9 mas or misperceptions described in paragraph (1) 10 that are affecting the workforce pool of underrep- 11 resented individuals in the surface transportation 12 sector; 13 (3) consider how the Department, businesses, 14 industry, labor, educators, and other stakeholders 15 can coordinate efforts to support qualified individ- 16 uals in pursuing careers in the surface transpor- 17 tation sector; 18 (4) identify methods of enhancing surface 19 transportation apprenticeship-readiness programs 20 and registered apprenticeships, job skills training, 21 mentorships, education, and outreach programs that 22 are exclusive to young individuals in the United 23 States; 24 VerDate Sep 11 2014 22:03 Mar 05, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S356.IS S356 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 356 IS (5) identify methods to expand the expertise of 1 the surface transportation workforce in skills in var- 2 ious types of intelligent transportation technologies, 3 components, infrastructure, and equipment; 4 (6) identify potential sources of funding, includ- 5 ing grants and scholarships, that may be used to 6 support young and other qualified individuals in pur- 7 suing careers in the surface transportation sector; 8 and 9 (7) ensure geographically diverse perspectives 10 and solutions. 11 (e) CONSULTATION.—In developing recommendations 12 and strategies pursuant to subsection (c), the Task Force 13 shall consult with— 14 (1) local educational agencies and institutions 15 of higher education, including community colleges 16 and vocational schools; 17 (2) State workforce development boards; 18 (3) local registered apprenticeships; and 19 (4) surface transportation sector-related em- 20 ployers and planners. 21 (f) MEMBERSHIP.— 22 (1) IN GENERAL.—The Task Force shall be 23 composed of members, as appointed by the Secretary 24 under paragraph (2), who come from diverse back- 25 VerDate Sep 11 2014 22:03 Mar 05, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S356.IS S356 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 356 IS grounds and geographical regions and have the re- 1 quired expertise that will allow the members to con- 2 tribute balanced viewpoints that will enable the Task 3 Force to develop the recommendations and strate- 4 gies required under subsection (c). 5 (2) APPOINTMENT.—The Task Force shall be 6 composed of members appointed by the Secretary, 7 including representatives of— 8 (A) industries in the surface transportation 9 sector; 10 (B) labor organizations in the surface 11 transportation sector; 12 (C) institutions of higher education; and 13 (D) other experts and stakeholders in the 14 surface transportation sector that the Secretary 15 determines appropriate, including the consider- 16 ation of geographical diversity and regional per- 17 spectives. 18 (3) TERMS.—Each member shall be appointed 19 for the life of the Task Force. 20 (4) COMPENSATION.—Each member shall serve 21 on the Task Force without compensation. 22 (g) REPORT.—Not later than 60 days after the sub- 23 mission of the recommendations and strategies to the Sec- 24 retary required under subsection (c), and annually there- 25 VerDate Sep 11 2014 22:03 Mar 05, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S356.IS S356 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 356 IS after until September 30, 2024, the Secretary shall submit 1 to the Committees on Environment and Public Works, 2 Commerce, Science, and Transportation, Banking, Hous- 3 ing, and Urban Affairs, and Appropriations of the Senate 4 and the Committees on Transportation and Infrastructure 5 and Appropriations of the House of Representatives a re- 6 port that includes the recommendations and strategies. 7 (h) TERMINATION.—The Task Force shall terminate 8 on the date on which the Secretary submits the last report 9 required under subsection (g). 10 SEC. 3. DEFINITIONS FOR TRANSPORTATION TRAINING 11 AND EDUCATION PROGRAMS. 12 (a) TRAINING AND EDUCATION PROGRAMS DEFINI- 13 TIONS.—Section 504 of title 23, United States Code, is 14 amended— 15 (1) by redesignating subsections (a) through (h) 16 as subsections (b) through (i), respectively; and 17 (2) by inserting before subsection (b) (as so re- 18 designated) the following: 19 ‘‘(a) DEFINITIONS.—In this section: 20 ‘‘(1) APPRENTICESHIP-READINESS PROGRAM.— 21 The term ‘apprenticeship-readiness program’ means 22 a program or set of strategies that— 23 VerDate Sep 11 2014 22:03 Mar 05, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S356.IS S356 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 356 IS ‘‘(A) is designed to prepare individuals to 1 enter and succeed in a registered apprentice- 2 ship; 3 ‘‘(B) is carried out by a local educational 4 agency, a State educational agency, a local 5 workforce development board, a State workforce 6 development board, or a labor organization that 7 has a documented partnership with not less 8 than 1 sponsor of a registered apprenticeship; 9 ‘‘(C) includes a training program— 10 ‘‘(i) that has a curriculum that is in 11 accordance with industry standards and re- 12 viewed and approved annually by sponsors 13 of the registered apprenticeships within the 14 documented partnership, that will prepare 15 individuals by teaching the skills and com- 16 petencies needed to enter 1 or more reg- 17 istered apprenticeships; and 18 ‘‘(ii) that provides hands-on training 19 and theoretical education to individuals 20 that— 21 ‘‘(I) accurately simulate the in- 22 dustry and occupational conditions of 23 the registered apprenticeship program 24 described in subparagraph (B [Text truncated for display. 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