PARTNERS Act

II 116TH CONGRESS 1ST SESSION S. 431 To promote registered apprenticeships and on-the-job training for small and medium-sized businesses within in-demand industry sectors, through the establishment and support of eligible partnerships. IN THE SENATE OF THE UNITED STATES FEBRUARY 11, 2019 Ms. BALDWIN introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To promote registered apprenticeships and on-the-job train- ing for small and medium-sized businesses within in- demand industry sectors, through the establishment and support of eligible partnerships. 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 ‘‘Promoting Apprentice- 4 ships through Regional Training Networks for Employers’ 5 Required Skills Act of 2019’’ or the ‘‘PARTNERS Act’’. 6 VerDate Sep 11 2014 19:19 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S431.IS S431 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 431 IS SEC. 2. PURPOSE. 1 The purpose of this Act is to promote registered ap- 2 prenticeships and on-the-job training for small and me- 3 dium-sized businesses within in-demand industry sectors, 4 through the establishment and support of eligible partner- 5 ships. 6 SEC. 3. DEFINITIONS. 7 In this Act: 8 (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi- 9 ble partnership’’ means an industry or sector part- 10 nership that submits and obtains approval of an ap- 11 plication consistent with section 6(b). 12 (2) IN-DEMAND INDUSTRY SECTOR.—The term 13 ‘‘in-demand industry sector’’ means a sector de- 14 scribed in subparagraphs (A)(i) and (B) of section 15 3(23) of the Workforce Innovation and Opportunity 16 Act (29 U.S.C. 3102(23)). 17 (3) LOCAL OR REGIONAL.—The term ‘‘local or 18 regional’’, used with respect to an entity, means that 19 the entity provides services in, respectively, a local 20 area or region. 21 (4) REGISTERED APPRENTICESHIP.—The term 22 ‘‘registered apprenticeship’’ means an apprenticeship 23 registered under the Act of August 16, 1937 (com- 24 monly known as the ‘‘National Apprenticeship Act’’; 25 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). 26 VerDate Sep 11 2014 19:19 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S431.IS S431 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 431 IS (5) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary of Labor. 2 (6) WORKFORCE TERMS.—The terms ‘‘Gov- 3 ernor’’, ‘‘individual with a barrier to employment’’, 4 ‘‘industry or sector partnership’’, ‘‘local area’’, ‘‘local 5 board’’, ‘‘on-the-job training’’, ‘‘outlying area’’, ‘‘rec- 6 ognized postsecondary credential’’, ‘‘region’’, 7 ‘‘State’’, and ‘‘supportive services’’, used with re- 8 spect to activities supported under this Act, have the 9 meanings given the terms in section 3 of the Work- 10 force Innovation and Opportunity Act (29 U.S.C. 11 3102). 12 SEC. 4. AVAILABILITY OF FUNDS. 13 From funds paid into the general fund of the Treas- 14 ury and available under section 286(s)(2) of the Immigra- 15 tion and Nationality Act (8 U.S.C. 1356(s)(2)), the Sec- 16 retary shall carry out this Act. 17 SEC. 5. ALLOTMENTS TO STATES. 18 (a) RESERVATION.—Of the amounts available for this 19 Act under section 4, the Secretary may reserve— 20 (1) not more than 5 percent of those amounts 21 for the costs of technical assistance and Federal ad- 22 ministration of this Act; 23 VerDate Sep 11 2014 19:19 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S431.IS S431 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 431 IS (2) not more than 2 percent of those amounts 1 for the costs of evaluations conducted under section 2 8(b); and 3 (3) not more than 1⁄4 of 1 percent of such 4 amounts to provide assistance to the outlying areas. 5 (b) ALLOTMENTS.— 6 (1) IN GENERAL.—Of the amounts available for 7 this Act under section 4 that remain after the Sec- 8 retary makes the reservations under subsection (a), 9 the Secretary shall, for the purpose of assisting 10 (which may include assistance in establishing ex- 11 panded) local or regional eligible partnerships to 12 support registered apprenticeship and on-the-job 13 training programs under this Act, make allotments 14 to eligible States in accordance with clauses (ii) 15 through (v) of section 132(b)(1)(B) of the Work- 16 force Innovation and Opportunity Act (29 U.S.C. 17 3162(b)(1)(B)), subject to paragraph (2). 18 (2) APPLICATION.—For purposes of applying 19 the clauses described in paragraph (1), under para- 20 graph (1), the Secretary— 21 (A) shall not apply subclauses (I) and (III) 22 of clause (iv) with respect to the first fiscal year 23 after the date of enactment of this Act; 24 VerDate Sep 11 2014 19:19 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S431.IS S431 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 431 IS (B) shall apply clause (iv)(II) by sub- 1 stituting ‘‘0.5 percent of the remaining amounts 2 described in paragraph (1)’’ for the total de- 3 scribed in that clause; 4 (C) shall not apply clause (iv)(IV); 5 (D) shall apply clause (v)(II) by sub- 6 stituting ‘‘The term ‘allotment percentage’, 7 used with respect to the second full fiscal year 8 after the date of enactment of this Act, or a 9 subsequent fiscal year, means a percentage of 10 the remaining amounts described in paragraph 11 (1) that is received through an allotment made 12 under this subsection for the fiscal year.’’ for 13 the two sentences in that clause; and 14 (E) shall apply clause (v)(III) by sub- 15 stituting ‘‘a registered apprenticeship and on- 16 the-job training program carried out under this 17 Act’’ for ‘‘a program of workforce investment 18 activities carried out under this subtitle’’. 19 (3) USE OF UNALLOTTED FUNDS.—If a State 20 fails to meet the requirements for an allotment 21 under this subsection, the Secretary may allot funds 22 that are not allotted under paragraphs (1) and (2) 23 to eligible States under a formula based on the for- 24 VerDate Sep 11 2014 19:19 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S431.IS S431 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 431 IS mula specified in section 132(c) of the Workforce In- 1 novation and Opportunity Act (29 U.S.C. 3173(c)). 2 (4) DEFINITION.—In this subsection, the term 3 ‘‘eligible State’’ means a State that meets the re- 4 quirements of section 102 or 103 of the Workforce 5 Innovation and Opportunity Act (29 U.S.C. 3112, 6 3113) and subsection (c). 7 (c) STATE ELIGIBILITY.—To be eligible to receive an 8 allotment under subsection (b), a State shall submit an 9 application to the Secretary, at such time, in such manner, 10 and containing a description of the activities to be carried 11 out with the grant funds. At a minimum, the application 12 shall include information on— 13 (1) the industry or sector of the local or re- 14 gional industry or sector partnerships that will be 15 supported, the lead partners for the partnerships, 16 and how the partnerships will work to engage small 17 and medium-sized businesses, as applicable, in the 18 activities of the partnerships; 19 (2) the in-demand industry sectors that will be 20 served, including how such industry sectors were 21 identified, and how the activities of the partnerships 22 will align with State, regional, and local plans as re- 23 quired under title I of the Workforce Innovation and 24 Opportunity Act (29 U.S.C. 3111 et seq.); 25 VerDate Sep 11 2014 19:19 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S431.IS S431 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 431 IS (3) the registered apprenticeship and on-the-job 1 training programs to be supported though the part- 2 nerships; 3 (4) the populations that will receive services, in- 4 cluding individuals with barriers to employment and 5 populations that were historically underrepresented 6 in the industry sectors to be served through the 7 partnerships; 8 (5) the services, including business engagement, 9 classroom instruction, and supportive services (in- 10 cluding at least 6 months of post-employment sup- 11 portive services), that will be supported through the 12 grant funds; 13 (6) the recognized postsecondary credentials 14 (beyond a certificate of completion) that workers will 15 obtain through participation in the registered ap- 16 prenticeship and on-the-job training program, and 17 the quality of the program that leads to the creden- 18 tials; 19 (7) levels of performance to be achieved on the 20 performance indicators described in section 8, to 21 measure progress towards expanding registered ap- 22 prenticeships and on-the-job training; and 23 (8) how the partnerships will leverage addi- 24 tional resources, including funding provided under 25 VerDate Sep 11 2014 19:19 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S431.IS S431 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 431 IS title I of the Workforce Innovation and Opportunity 1 Act (29 U.S.C. 3111 et seq.) and non-Federal re- 2 sources, to support the activities carried out under 3 this Act. 4 (d) REVIEW OF APPLICATIONS.—The Secretary shall 5 review applications submitted under subsection (c) in con- 6 sultation with the Secretary of Education and the Sec- 7 retary of Health and Human Services. 8 SEC. 6. GRANTS TO PARTNERSHIPS. 9 (a) GRANTS.— 10 (1) IN GENERAL.—The Governor of a State 11 that receives an allotment under section 5 shall use 12 the funds made available through the allotment and 13 not reserved under subsection (d) to award grants to 14 industry or sector partnerships that seek to become 15 eligible partnerships. The Governor shall award the 16 grants for the purpose of assisting (which may in- 17 clude establishing expanded) local or regional indus- 18 try or sector partnerships that are identified in the 19 application submitted under section 5(c), to carry 20 out activities described in section 7. 21 (2) PERIOD AND AMOUNT OF GRANT.—A State 22 may make a grant under this section for a period of 23 3 years, and in an amount of not more than 24 $500,000. 25 VerDate Sep 11 2014 19:19 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S431.IS S431 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 431 IS (3) AVAILABILITY OF FUNDS.—The Governor of 1 a State that receives an allotment under section 5 2 for a fiscal year may use the funds made available 3 through the allotment during that year or the 2 sub- 4 sequent fiscal years. 5 (b) ELIGIBILITY.—To be eligible to receive a grant 6 under this section, an industry or sector partnership de- 7 scribed in subsection (a)(1) shall— 8 (1) submit an application to the State at such 9 time, in such manner, and containing such informa- 10 tion as the State may require; and 11 (2) designate a partner in the industry or sector 12 partnership, to serve as the fiscal agent for purposes 13 of the grant. 14 (c) AWARDS OF GRANTS.— 15 (1) PARTICIPATION IN MULTIPLE ELIGIBLE 16 PARTNERSHIPS.—Subject to paragraph (2), a State 17 may award grants under this section in a way that 18 results in an entity being represented in more than 19 one partnership that receives such a grant. 20 (2) GEOGRAPHIC DIVERSITY.—In making the 21 grants, a State shall ensure that there is geographic 22 diversity in the areas in which activities will be car- 23 ried out under the grants. 24 VerDate Sep 11 2014 19:19 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S431.IS S431 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 431 IS (d) ADMINISTRATION.—The State may reserve not 1 more than 5 percent of the amount of an allotment under 2 section 5 for the administration of the grants awarded 3 under this section. 4 SEC. 7. USE OF FUNDS. 5 (a) IN GENERAL.—An eligible partnership that re- 6 ceives a grant under section 6 shall use the grant funds 7 to support a registered apprenticeship and on-the-job 8 training program. The eligible partnership shall use the 9 grant funds to support the activities described in sub- 10 sections (b) and (c) and such other strategies as may be 11 necessary to support the development and implementation 12 of registered apprenticeship and on-the-job training pro- 13 grams, and participant retention in and completion of 14 those programs. The partnership may use the grant funds 15 to establish an expanded eligible partnership. 16 (b) BUSINESS ENGAGEMENT.—The eligible partner- 17 ship shall use grant funds to provide services to engage 18 businesses in a registered apprenticeship or on-the-job 19 training program, which may include assisting a small or 20 medium-sized business with— 21 (1) the navigation of the registration process 22 for a sponsor of a registered apprenticeship pro- 23 gram; 24 VerDate Sep 11 2014 19:19 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S431.IS S431 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 431 IS (2) the connection of the business with an edu- 1 cation provider to develop classroom instruction to 2 complement on-the-job learning; 3 (3) the development of a curriculum for a reg- 4 istered apprenticeship or on-the-job training pro- 5 gram; 6 (4) the employment of workers in a registered 7 apprenticeship or on-the-job training program for a 8 transitional period before the business hires an indi- 9 vidual for continuing employment; 10 (5) the provision of training to managers and 11 front-line workers to serve as trainers or mentors to 12 workers in a registered apprenticeship or on-the-job 13 training program; 14 (6) the provision of career awareness activities; 15 and 16 (7) the recruitment of individuals to participate 17 in a registered apprenticeship or on-the-job training 18 program from individuals receiving additional work- 19 force and human services, including— 20 (A) workers in programs under the Work- 21 force Innovation and Opportunity Act (29 22 U.S.C. 3101 et seq.); 23 (B) recipients of assistance through the 24 supplemental nutrition assistance program es- 25 VerDate Sep 11 2014 19:19 Feb 21, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S431.IS S431 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 431 IS tablished under the Food and Nutrition Act of 1 2008 (7 U.S.C. 2011 et seq.); and 2 (C) recipients of assistance through the 3 program of block grants to States for tem- 4 porary assistance for needy families established 5 under part A of title IV of the Social Security 6 Act (42 U.S.C. 601 et seq.). 7 (c) SUPPORTIVE SERVICES FOR WORKERS.— 8 (1) IN GENERAL.—The eligible partnership 9 shall use grant funds to provide supportive services 10 for workers to assure their success in registered ap- 11 pr [Text truncated for display. 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