American Workforce Recovery Act

I 117TH CONGRESS 1ST SESSION H. R. 2112 To direct the Secretary of Labor to award funds to States to promote the skill acquisition, employment, and retention of individuals, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 19, 2021 Ms. STEFANIK (for herself and Mr. CROW) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To direct the Secretary of Labor to award funds to States to promote the skill acquisition, employment, and reten- tion of individuals, 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 ‘‘American Workforce 4 Recovery Act’’. 5 SEC. 2. STATE ALLOTMENTS AND LOCAL ALLOCATIONS. 6 (a) STATE ALLOTMENTS.— 7 (1) RESERVATION FOR OUTLYING AREAS.— 8 From the amount made available under section 6(a) 9 VerDate Sep 11 2014 01:26 May 25, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2112.IH H2112 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2112 IH for a fiscal year, the Secretary of Labor shall reserve 1 not more than 1⁄4 of 1 percent of such amount to 2 provide assistance to the outlying areas. 3 (2) STATE ALLOTMENTS.—After determining 4 the amount to be reserved under paragraph (1), the 5 Secretary shall allot the remainder of the amount 6 made available under section 6(a) for that fiscal year 7 to the States in accordance with clause (ii) of section 8 132(b)(2)(B) of the Workforce Innovation and Op- 9 portunity Act (29 U.S.C. 3172(b)(2)(B)) for the ac- 10 tivities described in this Act, except that clause (iii) 11 of such section shall not apply to allotments made 12 under this paragraph. 13 (b) WITHIN STATE ALLOCATION.— 14 (1) RESERVATION FOR STATE USES.—The Gov- 15 ernor shall reserve not more than 15 percent of the 16 amount allotted to the State under subsection (a)(2) 17 for the State activities described in section 3. 18 (2) ALLOCATIONS TO LOCAL AREAS.—After de- 19 termining the amount to be reserved under para- 20 graph (1) and not later than 30 days after receiving 21 funds allotted under subsection (a)(2), the Governor 22 shall allocate the remainder of such allotment to 23 local areas in the State, on the basis of the alloca- 24 tion formula prescribed by the Governor of the State 25 VerDate Sep 11 2014 01:26 May 25, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2112.IH H2112 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2112 IH under clause (i) of section 133(b)(2)(B) of the 1 Workforce Innovation and Opportunity Act (29 2 U.S.C. 3173(b)(2)(B)) for the program year that is 3 in effect on the date of such allocation. 4 (3) REALLOCATION REQUIREMENTS.—Any 5 amounts allocated to a local area under paragraph 6 (1) or (2) that remain unobligated for 1 year after 7 the date of allocation may be reallocated to other 8 local areas in the State by the Governor, as deter- 9 mined by the Governor. 10 SEC. 3. STATE USES OF FUNDS. 11 The State activities referred to in section 2(b)(1) are 12 as follows: 13 (1) Reviewing new applications from training 14 providers seeking to be included on the list of eligi- 15 ble providers of training services under section 16 122(d) of the Workforce Innovation and Opportunity 17 Act (29 U.S.C. 3152(d)) for such State not later 18 than 30 days after receipt of such application. 19 (2) Evaluating the training providers included 20 on the list of eligible providers of training services 21 under section 122(d) of the Workforce Innovation 22 and Opportunity Act (29 U.S.C. 3152(d)) for such 23 State to determine if such providers have the capac- 24 ity to meet the job training needs of displaced work- 25 VerDate Sep 11 2014 01:26 May 25, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2112.IH H2112 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2112 IH ers and the employment needs of employers in the 1 State, including the capacity of remote or virtual 2 training options in such State. 3 (3) Carrying out activities to facilitate remote 4 access to employment and training activities, includ- 5 ing career services, through a one-stop center. 6 (4) Improving the quality of local and regional 7 labor market information relating to in-demand in- 8 dustry sectors or occupations, including by ensuring 9 such information is up-to-date, searchable, com- 10 parable, informed by best practices on public provi- 11 sion of credential information, and includes informa- 12 tion on skills required by in-demand industry sectors 13 or occupations in the local area. 14 (5) Improving the public availability and acces- 15 sibility of the performance reports of eligible train- 16 ing providers required under section 116(d)(4) of 17 the Workforce Innovation and Opportunity Act (29 18 U.S.C. 3141(d)(4)). 19 (6) Carrying out any statewide employment and 20 training activities under section 134(a)(3)(A) of the 21 Workforce Innovation and Opportunity Act (29 22 U.S.C. 3174(a)(3)(A)). 23 VerDate Sep 11 2014 01:26 May 25, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2112.IH H2112 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2112 IH (7) Providing supplemental allocations to local 1 areas most in need of additional employment and 2 training resources, as determined by the Governor. 3 SEC. 4. LOCAL AREA USES OF FUNDS. 4 (a) USES OF FUNDS.— 5 (1) REQUIRED USES.—A local area receiving an 6 allocation under this Act shall use not less than 75 7 percent of the allocation for the following: 8 (A) To provide the following training or 9 jobs: 10 (i) Training services provided through 11 individual training accounts described in 12 subsection (b); 13 (ii) On-the-job training, for which the 14 local board may take into account the im- 15 pact of a qualifying emergency as a factor 16 in determining whether to increase the 17 amount of a reimbursement to an amount 18 of up to 75 percent of the wage rate of a 19 participant in accordance with section 20 134(c)(3)(H) of the Workforce Innovation 21 and Opportunity Act (29 U.S.C. 22 3174(c)(3)(H)). 23 (iii) Customized training, for which 24 the local board may take into account the 25 VerDate Sep 11 2014 01:26 May 25, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2112.IH H2112 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2112 IH impact of a qualifying emergency as a fac- 1 tor in determining the portion of the cost 2 of training an employer shall provide. 3 (iv) Transitional jobs that meet the 4 requirements of section 134(d)(5) of the 5 Workforce Innovation and Opportunity Act 6 (29 U.S.C. 3174(d)(5)). 7 (v) Training programs for incumbent 8 workers carried out in accordance with sec- 9 tion 134(d)(4) of the Workforce Innovation 10 and Opportunity Act (29 U.S.C. 11 3174(d)(4)). 12 (B) To establish a Pandemic Reskilling 13 Fund for dislocated workers participating in 14 training services described in clauses (i) 15 through (iii) of subparagraph (A). 16 (2) AUTHORIZED USES.—A local area receiving 17 an allocation under this Act may use the alloca- 18 tion— 19 (A) to provide the career services described 20 in paragraph (2) of section 134(c) of the Work- 21 force Innovation and Opportunity Act (29 22 U.S.C. 3174(c)(2)) to adults and dislocated 23 workers— 24 VerDate Sep 11 2014 01:26 May 25, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2112.IH H2112 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2112 IH (i) which shall include the 1 prioritization of the use of the assessments 2 and the development of individual employ- 3 ment plans described in subclauses (I) and 4 (II) of paragraph (2)(A)(xii) of such sec- 5 tion 134(c), respectively; 6 (ii) be based on the most recent local 7 and regional labor market information re- 8 lating to in-demand industry sectors or oc- 9 cupations for such local area; and 10 (iii) carried out in coordination with 11 reemployment activities conducted under 12 section 306 of the Social Security Act; 13 (B) to provide the employment and train- 14 ing activities described in section 134(d)) of the 15 Workforce Innovation and Opportunity Act (29 16 U.S.C. 3174(d)); 17 (C) to provide information to adults and 18 dislocated workers on employers seeking indi- 19 viduals to participate in the on-the-job training 20 described in subsection (b); and 21 (D) for administrative costs to carry out 22 the requirements of this section, as long as not 23 more than 10 percent of the allocation is used 24 for such costs. 25 VerDate Sep 11 2014 01:26 May 25, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2112.IH H2112 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2112 IH (b) INDIVIDUAL TRAINING ACCOUNTS.— 1 (1) IN GENERAL.—Notwithstanding section 2 134(c)(3)(G) of the Workforce Innovation and Op- 3 portunity Act (29 U.S.C. 3174(c)(3)(G)), an indi- 4 vidual training account established with an alloca- 5 tion made under this Act may be used to support— 6 (A) on-the-job training if a work-based 7 training agreement is established by the indi- 8 vidual and the employer, and is approved by the 9 one-stop operator involved; or 10 (B) training services with a provider de- 11 scribed in paragraph (3). 12 (2) WORK-BASED TRAINING AGREEMENT.— 13 (A) CONTENTS.—A work-based training 14 agreement referred to in paragraph (1)(A) shall 15 establish the length of training, the hourly wage 16 rate of the individual, the skills necessary for 17 the job, and the individual’s current skill level 18 as of the date of the agreement, the skills to be 19 learned during the training, any recognized 20 postsecondary credential that may be acquired 21 during the training, and the reimbursement to 22 be provided to the employer. 23 (B) DOCUMENTATION REQUIREMENTS.—A 24 work-based training agreement that is approved 25 VerDate Sep 11 2014 01:26 May 25, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2112.IH H2112 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2112 IH by the one-stop operator shall ensure that the 1 individual provides the one-stop operator in- 2 volved with any documentation of the wages 3 earned by the individual while engaged in such 4 training for the purpose of reimbursement to 5 the employer. 6 (3) ELIGIBLE TRAINING PROVIDERS.— 7 (A) IN GENERAL.—An individual training 8 account described in paragraph (1) established 9 on behalf of an individual shall pay for training 10 provided through— 11 (i) a provider on the list of eligible 12 providers of training services under section 13 122(d) of the Workforce Innovation and 14 Opportunity Act (29 U.S.C. 3152(d)) for 15 the State of the local area; or 16 (ii) a training provider that is not on 17 such list— 18 (I) in a case in which the State 19 board or local board approves such 20 provider upon a determination that 21 the individual is seeking training for 22 an in-demand industry sector or occu- 23 pation in the local area for which such 24 VerDate Sep 11 2014 01:26 May 25, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2112.IH H2112 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2112 IH provider has demonstrated effective- 1 ness; or 2 (II) in a case in which an em- 3 ployer identifies such provider as hav- 4 ing the ability to help the individual 5 acquire the skills necessary to be 6 hired by such employer, and for which 7 the employer covers not less than 20 8 percent of the training cost. 9 (B) PERFORMANCE REPORTS.—To receive 10 a payment under an individual training account 11 described in paragraph (1), a training provider 12 described in subparagraph (A)(ii) shall submit 13 the necessary information to be included in the 14 performance report with respect to such pro- 15 vider under section 116(d)(4) of the Workforce 16 Innovation and Opportunity Act (29 U.S.C. 17 3141(d)(4)). 18 (c) PANDEMIC RESKILLING FUND.— 19 (1) IN GENERAL.—For dislocated workers re- 20 ceiving training services under subsection (a)(1), the 21 local area shall establish a Pandemic Reskilling 22 Fund that the individual can access to receive reim- 23 bursement for supportive services necessary for the 24 individual to participate in the training. 25 VerDate Sep 11 2014 01:26 May 25, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2112.IH H2112 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2112 IH (2) ONE-STOP OPERATOR.—The one-stop oper- 1 ator involved shall— 2 (A) have the discretion to approve an indi- 3 vidual’s supportive services expenses and make 4 payments from the individual’s Pandemic 5 Reskilling Fund; and 6 (B) provide information, in formats that 7 are usable by and understandable to one-stop 8 center customers, relating to the availability of 9 other supportive services and funding for such 10 services in the local area. 11 (3) AMOUNT PER INDIVIDUAL.—The Pandemic 12 Reskilling Fund shall provide the following reim- 13 bursement amounts: 14 (A) $1,000 for a dislocated worker who is 15 a low-income individual. 16 (B) $500 for a dislocated worker who is 17 not covered under subparagraph (A). 18 (4) COMPLETION INCENTIVE AND REALLOCA- 19 TION.— 20 (A) COMPLETION INCENTIVE.—Any funds 21 remaining in a Pandemic Reskilling Fund of an 22 individual shall be provided in cash to the indi- 23 vidual if— 24 VerDate Sep 11 2014 01:26 May 25, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2112.IH H2112 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 2112 IH (i) not later than 6 weeks after an in- 1 dividual completes the training for which 2 such Fund was established, the individual 3 obtains full-time, unsubsidized employ- 4 ment; and 5 (ii) the individual has been so em- 6 ployed for 6 weeks. 7 (B) REALLOCATION.—With respect to any 8 funds remaining in the Pandemic Reskilling 9 Fund of an individual who does not meet the 10 requirements of subparagraph (A), after com- 11 pletion of the training for which such Fund was 12 established, such funds shall be returned to the 13 local area for redistribution by such area. 14 (d) ELIGIBLE INDIVIDUALS.—The requirements of 15 section 134(c)(3)(B) of the Workforce Innovation and Op- 16 portunity Act (29 U.S.C. 3174(c)(3)(B)) shall not apply 17 in determining an individual’s eligibility to receive training 18 services funded under this section. 19 SEC. 5. GAO REPORT. 20 Not later than one year following the date of enact- 21 ment of this Act, the Comptroller General of the United 22 States shall— 23 (1) conduct an evaluation of the— 24 VerDate Sep 11 2014 01:26 May 25, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2112.IH H2112 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 2112 IH (A) flexibility provided through individual 1 training accounts established under this Act; 2 and 3 ( [Text truncated for display. Full text available on Congress.gov.]