WORKER Act

II 117TH CONGRESS 1ST SESSION S. 342 To advance STEM education, provide for improved worker training, retention, and advancement, 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 Health, Education, Labor, and Pensions A BILL To advance STEM education, provide for improved worker training, retention, and advancement, 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. 3 This Act may be cited as the ‘‘Working On Reward- 4 ing and Keeping Employees Resilient Act’’ or the 5 ‘‘WORKER Act’’. 6 SEC. 2. TABLE OF CONTENTS. 7 The table of contents for this Act is as follows: 8 Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—ADVANCING STEM EDUCATION VerDate Sep 11 2014 17:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S342.IS S342 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 342 IS Sec. 101. Grant program. Sec. 102. Table of contents. TITLE II—WORKER TRAINING, RETENTION, AND ADVANCEMENT Subtitle A—Leveraging Effective Apprenticeships To Rebuild National Skills Sec. 201. Short title. Sec. 202. Definitions. PART 1—PROMOTING REGISTERED APPRENTICESHIPS Sec. 211. Promoting registered apprenticeship programs. Sec. 212. Promoting integration with postsecondary education. PART 2—PROGRAM DEVELOPMENT AND ENHANCEMENT Sec. 221. Expanding registered apprenticeship programs. Subtitle B—Reemployment and Training Sec. 231. Coordinating State unemployment compensation programs with the Workforce Innovation and Opportunity Act. Sec. 232. Training stipends. Sec. 233. Authorization of appropriations. TITLE III—AUTHORIZATION OF APPROPRIATIONS Sec. 301. Authorization of appropriations. TITLE I—ADVANCING STEM 1 EDUCATION 2 SEC. 101. GRANT PROGRAM. 3 Part F of title IV of the Elementary and Secondary 4 Education Act of 1965 (20 U.S.C. 7251 et seq.) is amend- 5 ed— 6 (1) in section 4601— 7 (A) in subsection (a), in the matter pre- 8 ceding paragraph (1), by inserting ‘‘(other than 9 subpart 5)’’ after ‘‘part’’; and 10 (B) by adding at the end the following: 11 VerDate Sep 11 2014 17:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S342.IS S342 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 342 IS ‘‘(c) AUTHORIZATION OF APPROPRIATIONS FOR SUB- 1 PART 5.—There are authorized to be appropriated to carry 2 out subpart 5— 3 ‘‘(1) $20,000,000 for each of fiscal years 2022 4 and 2023; and 5 ‘‘(2) $21,000,000 for each of fiscal years 2024 6 and 2025.’’; and 7 (2) by adding at the end the following: 8 ‘‘Subpart 5—Engineering Education 9 ‘‘SEC. 4651. GRANT PROGRAM AUTHORIZED. 10 ‘‘(a) IN GENERAL.—From amounts appropriated 11 under section 4601(c), the Secretary shall award grants, 12 on a competitive basis, to eligible entities to implement 13 formal and informal engineering education programs in el- 14 ementary schools and secondary schools to— 15 ‘‘(1) teach students the overall analytical and 16 experimental approaches used in engineering and en- 17 gineering technology; and 18 ‘‘(2) increase participation of under-represented 19 student groups in the engineering and engineering 20 technology pipeline. 21 ‘‘(b) MAXIMUM GRANT AMOUNT.—A grant awarded 22 under this subpart may not exceed $1,000,000. 23 ‘‘(c) MATCHING FUNDS.—An eligible entity receiving 24 a grant under this subpart shall provide non-Federal 25 VerDate Sep 11 2014 17:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S342.IS S342 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 342 IS funds in amount equal to the grant amount. Such non- 1 Federal funds may include in-kind support (such as equip- 2 ment, supplies, materials, and participation of personnel 3 in the development and implementation of activities to be 4 carried out under the grant). 5 ‘‘(d) USES OF FUNDS.— 6 ‘‘(1) IN GENERAL.—An eligible entity receiving 7 a grant under this subpart shall use such funds to 8 carry out a program that— 9 ‘‘(A) provides engineering instructional 10 materials based on review and analysis of the 11 effectiveness of existing formal, or informal re- 12 search-based and evidenced-based locally rel- 13 evant instructional materials; 14 ‘‘(B) provides professional development for 15 pre-service and in-service teachers to teach en- 16 gineering; 17 ‘‘(C) provides instructions on engineering 18 and engineering technology during normal 19 classroom hours or after school; 20 ‘‘(D) incorporates evidence-based practices 21 to increase diversity of student groups partici- 22 pating in the program; 23 VerDate Sep 11 2014 17:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S342.IS S342 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 342 IS ‘‘(E) encourages participation of engineers 1 from local private and public organizations to 2 mentor the teachers and students; 3 ‘‘(F) encourages engineering faculty and 4 students from institutions of higher education 5 as mentors for the elementary school or sec- 6 ondary school students, and teachers as appro- 7 priate; and 8 ‘‘(G) encourages members of local work- 9 force who use engineering technology and meth- 10 ods in the workplace to serve as mentors to 11 teachers and students. 12 ‘‘(2) PUBLIC-PRIVATE PARTNERSHIPS.—Each 13 eligible entity awarded a grant under this subpart 14 shall be encouraged to carry out the program funded 15 under the grant in partnership with one or more of 16 the following: 17 ‘‘(A) Elementary schools or secondary 18 schools receiving assistance under this subpart. 19 ‘‘(B) Institutions of higher education. 20 ‘‘(C) Private sector businesses. 21 ‘‘(D) Nonprofit organizations. 22 ‘‘(E) Community-based organizations. 23 VerDate Sep 11 2014 17:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S342.IS S342 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 342 IS ‘‘(F) Public or private entities with dem- 1 onstrated record of success in delivering edu- 2 cational support. 3 ‘‘(G) Summer school programs. 4 ‘‘(H) Registered apprenticeship programs 5 (meaning a program registered under the Act of 6 August 16, 1937 (commonly known as the ‘Na- 7 tional Apprenticeship Act’; 50 Stat. 664, chap- 8 ter 663; 29 U.S.C. 50 et seq.)). 9 ‘‘(e) APPLICATIONS.—An application for a grant 10 under this subpart submitted by an eligible entity shall 11 demonstrate long-term commitment for the proposed pro- 12 gram through— 13 ‘‘(1) providing laboratory and instructional 14 space; 15 ‘‘(2) establishing ongoing professional training 16 programs for pre-service and in-service teachers and 17 teachers in-residence; and 18 ‘‘(3) commitment to scaling successful pro- 19 grams for engineering and engineering technology 20 education in elementary schools and secondary 21 schools under the jurisdiction of the eligible entity. 22 ‘‘(f) PRIORITY.—In awarding grants under this sub- 23 part, the Secretary shall give priority to eligible entities 24 that serve under-represented minorities in engineering. 25 VerDate Sep 11 2014 17:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S342.IS S342 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 342 IS ‘‘(g) DEFINITIONS.—In this section: 1 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en- 2 tity’ means a consortium of local educational agen- 3 cies. 4 ‘‘(2) INSTRUCTIONAL MATERIALS.—The term 5 ‘instructional materials’ means materials that— 6 ‘‘(A) emphasize— 7 ‘‘(i) engineering fundamentals and 8 concepts, problem-based learning; and 9 ‘‘(ii) essential skills such as systems 10 thinking, creativity, teamwork, communica- 11 tion, and ethical considerations; 12 ‘‘(B) are designed to introduce students to 13 modern engineering and engineering technology 14 tools such as computer-aided design, computer- 15 aided manufacturing, statistical analysis, codes 16 and standards, human factors, and reliability 17 analysis; and 18 ‘‘(C) are aligned with and integrated into 19 relevant science, engineering, and mathematics 20 standards that may exist in the applicable State 21 or may be developed. 22 ‘‘SEC. 4652. ANNUAL REPORT TO CONGRESS. 23 ‘‘Not later than 1 year after the first grant is award- 24 ed under this subpart, and annually thereafter, the Sec- 25 VerDate Sep 11 2014 17:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S342.IS S342 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 342 IS retary shall provide a report to Congress on activities and 1 results under this subpart. Such reports shall describe— 2 ‘‘(1) the total number of grant applications re- 3 ceived for the preceding year; 4 ‘‘(2) the number and geographic distribution of 5 the grants for such year and for all grants awarded 6 under this subpart; 7 ‘‘(3) participation of minority-serving institu- 8 tions of higher education, such as historically Black 9 colleges and universities and Hispanic-serving insti- 10 tutions; 11 ‘‘(4) participation of under-represented and eco- 12 nomically disadvantaged student groups; 13 ‘‘(5) plans for collaboration among eligible enti- 14 ties receiving a grant under this subpart; 15 ‘‘(6) overall program outcomes and issues of 16 concern; and 17 ‘‘(7) recommendations for program revisions to 18 achieve the desired program outcome.’’. 19 SEC. 102. TABLE OF CONTENTS. 20 The table of contents in section 2 of the Elementary 21 and Secondary Education Act of 1965 is amended by in- 22 serting after the item relating to section 4644 the fol- 23 lowing: 24 ‘‘SUBPART 5—ENGINEERING EDUCATION VerDate Sep 11 2014 17:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6211 E:\BILLS\S342.IS S342 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 342 IS ‘‘Sec. 4651. Grant program authorized. ‘‘Sec. 4652. Annual report to Congress.’’. TITLE II—WORKER TRAINING, 1 RETENTION, AND ADVANCE- 2 MENT 3 Subtitle A—Leveraging Effective 4 Apprenticeships To Rebuild Na- 5 tional Skills 6 SEC. 201. SHORT TITLE. 7 This subtitle may be cited as the ‘‘Leveraging Effec- 8 tive Apprenticeships to Rebuild National Skills Act’’ or the 9 ‘‘LEARNS Act’’. 10 SEC. 202. DEFINITIONS. 11 In this subtitle: 12 (1) ADMINISTRATOR.—The term ‘‘Adminis- 13 trator’’ means the Administrator of the Office of Ap- 14 prenticeship appointed under section 211(a). 15 (2) APPRENTICESHIP-READINESS PROGRAM.— 16 The term ‘‘apprenticeship-readiness program’’ 17 means a program or set of strategies that— 18 (A) is designed to prepare individuals to 19 enter and succeed in a registered apprenticeship 20 program; 21 (B) is carried out by an eligible entity de- 22 scribed in section 211(b)(2)(C) that has an ap- 23 plication approved under section 211(b)(3) and 24 VerDate Sep 11 2014 17:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S342.IS S342 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 342 IS that has a documented partnership with at least 1 1 sponsor of a registered apprenticeship pro- 2 gram; and 3 (C) includes each of the following elements: 4 (i) Training (including a curriculum 5 for the training), aligned with industry 6 standards and reviewed and approved an- 7 nually by sponsors of the registered ap- 8 prenticeships within the documented part- 9 nership, that will prepare individuals by 10 teaching the skills and competencies need- 11 ed to enter one or more registered appren- 12 ticeship programs. 13 (ii) Provision of hands-on training and 14 theoretical education to individuals that— 15 (I) accurately simulates the in- 16 dustry and occupational conditions of 17 the registered apprenticeship program 18 described in subparagraph (B); 19 (II) is carried out in a manner 20 that includes proper observation of su- 21 pervision and safety protocols; and 22 (III) is carried out in a manner 23 that does not displace a paid em- 24 ployee. 25 VerDate Sep 11 2014 17:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S342.IS S342 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 342 IS (iii) A formal agreement with a spon- 1 sor of a registered apprenticeship program 2 that would enable participants who suc- 3 cessfully complete the apprenticeship-readi- 4 ness program to enter directly into the reg- 5 istered apprenticeship program (if a place 6 in the program is available), and includes 7 agreements concerning earning credit rec- 8 ognized by a postsecondary educational in- 9 stitution for skills and competencies ac- 10 quired during the apprenticeship-readiness 11 program. 12 (3) CAREER PATHWAY.—The term ‘‘career 13 pathway’’ has the meaning given the term in section 14 3 of the Workforce Innovation and Opportunity Act 15 (29 U.S.C. 3102). 16 (4) EDUCATIONAL SERVICE AGENCY.—The 17 term ‘‘educational service agency’’— 18 (A) has the meaning given the term in sec- 19 tion 8101 of the Elementary and Secondary 20 Education Act of 1965 (20 U.S.C. 7801); and 21 (B) includes a collaborative of those agen- 22 cies. 23 VerDate Sep 11 2014 17:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S342.IS S342 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 342 IS (5) HIGH SCHOOL.—The term ‘‘high school’’ 1 means a nonprofit institutional day or residential 2 school that— 3 (A) provides secondary education, as deter- 4 mined under State law; 5 (B) grants a diploma, as defined by the 6 State; and 7 (C) includes, at least, grade 12. 8 (6) IN-DEMAND INDUSTRY SECTOR OR OCCUPA- 9 TION.—The term ‘‘in-demand industry sector or oc- 10 cupation’’ has the meaning given the term in section 11 3 of the Workforce Innovation and Opportunity Act 12 (29 U.S.C. 3102). 13 (7) LOCAL AND STATE WORKFORCE DEVELOP- 14 MENT BOARDS.—The terms ‘‘local workforce devel- 15 opment board’’ and ‘‘State workforce development 16 board’’ have the meanings given the terms ‘‘local 17 board’’ and ‘‘State board’’, respectively, in section 3 18 of the Workforce Innovation and Opportunity Act 19 (29 U.S.C. 3102). 20 (8) NATIONAL APPRENTICESHIP SYSTEM.—The 21 term ‘‘national apprenticeship system’’ means the 22 collective group of registered apprenticeship pro- 23 grams and apprenticeship-readiness programs in the 24 VerDate Sep 11 2014 17:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S342.IS S342 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 342 IS Nation (including the rules and regulations gov- 1 erning the 2 types of programs). 2 (9) POSTSECONDARY EDUCATIONAL INSTITU- 3 TION.—The term ‘‘postsecondary educational institu- 4 tion’’ means an institution of higher education, as 5 defined in section 102 of the Higher Education Act 6 of 1965 (20 U.S.C. 1002). 7 (10) RECOGNIZED POSTSECONDARY CREDEN- 8 TIAL.—The term ‘‘recognized postsecondar [Text truncated for display. 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