Department of Energy National Labs Jobs ACCESS Act

I 116TH CONGRESS 1ST SESSION H. R. 3135 To enable projects that will aid in the development and delivery of related instruction associated with apprenticeship and preapprenticeship pro- grams that are focused on serving the skilled technical workforce at the National Laboratories and certain facilities of the National Nuclear Security Administration, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 5, 2019 Mr. LUJA´N (for himself, Mr. FLEISCHMANN, Mr. FOSTER, Ms. HAALAND, Mr. LAMB, Mr. SWALWELL of California, and Ms. TORRES SMALL of New Mexico) introduced the following bill; which was referred to the Com- mittee on Education and Labor A BILL To enable projects that will aid in the development and delivery of related instruction associated with apprentice- ship and preapprenticeship programs that are focused on serving the skilled technical workforce at the National Laboratories and certain facilities of the National Nu- clear Security Administration, 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 ‘‘Department of Energy 4 National Labs Jobs ACCESS Act’’. 5 VerDate Sep 11 2014 19:51 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3135 IH SEC. 2. NATIONAL LABORATORY JOBS ACCESS PROGRAM. 1 (a) IN GENERAL.—Not later than 180 days after the 2 date of enactment of this Act, the Secretary shall establish 3 a program known as the ‘‘Department of Energy National 4 Lab Jobs ACCESS Program’’, under which the Secretary 5 shall award, on a competitive basis, 5-year grants to eligi- 6 ble entities described in subsection (c) for the Federal 7 share of the costs of technical, skills-based 8 preapprenticeship and apprenticeship programs that pro- 9 vide employer-driven or recognized postsecondary creden- 10 tials during the grant period. 11 (b) REQUIREMENTS.—A program funded by a grant 12 awarded under this section shall develop and deliver cus- 13 tomized and competency-based training that— 14 (1) leads to recognized postsecondary creden- 15 tials for secondary school and postsecondary stu- 16 dents; 17 (2) is focused on skills and qualifications need- 18 ed to meet the immediate and on-going needs of tra- 19 ditional and emerging technician positions (including 20 machinists and cyber security technicians) at the 21 National Laboratories and covered facilities of the 22 National Nuclear Security Administration; 23 (3) creates an apprenticeship or 24 preapprenticeship partnership with a National Lab- 25 VerDate Sep 11 2014 19:51 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3135 IH oratory or covered facility of the National Nuclear 1 Security Administration; and 2 (4) creates an apprenticeship or 3 preapprenticeship program with the Secretary of 4 Labor or a State department of labor. 5 (c) ELIGIBLE ENTITIES.—An entity that is eligible 6 to receive a grant under this section shall be a workforce 7 intermediary or an eligible sponsor of a preapprenticeship 8 or an apprenticeship program that— 9 (1) demonstrates experience in implementing 10 and providing career planning and career pathways 11 towards technical, skills-based apprenticeship or 12 preapprenticeship training programs; 13 (2)(A) has a relationship with a National Lab- 14 oratory or covered facility of the National Nuclear 15 Security Administration; 16 (B) has knowledge of technician workforce 17 needs of such laboratory or facility and the associ- 18 ated security requirements of such laboratory or fa- 19 cility; and 20 (C) is eligible to enter into an agreement with 21 such laboratory or facility that would be paid for in 22 part or entirely from grant funds received under this 23 section; 24 VerDate Sep 11 2014 19:51 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3135 IH (3) demonstrates the ability to recruit and sup- 1 port individuals who plan to work in relevant techni- 2 cian positions upon the successful completion of such 3 programs; 4 (4) provides students who complete such pro- 5 grams with a recognized postsecondary credential, 6 such as a journeyman craft license or an industry- 7 recognized certification; 8 (5) uses a customized training curriculum that 9 is specifically aligned with employers, utilizing work- 10 place learning advisors and on-the-job training to 11 the greatest extent possible; and 12 (6) demonstrates successful outcomes con- 13 necting graduates of such programs to careers rel- 14 evant to such programs. 15 (d) APPLICATIONS.—An eligible entity seeking a 16 grant under this section shall submit to the Secretary an 17 application at such time, in such manner, and containing 18 such information as the Secretary may require. 19 (e) PRIORITY.—In selecting eligible entities to receive 20 grants under this section, the Secretary shall prioritize an 21 eligible entity that— 22 (1) is a member of an industry or sector part- 23 nership; 24 VerDate Sep 11 2014 19:51 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3135 IH (2) provides the training described in subsection 1 (b)— 2 (A) at an institution of higher education 3 (such as a community college) that includes 4 basic science, technology, and mathematics edu- 5 cation in the curriculum; 6 (B) through an apprenticeship program 7 that was registered with the Department of 8 Labor or a State before the date on which the 9 eligible entity applies for the grant under sub- 10 section (d); or 11 (C) with respect to a preapprenticeship 12 program, at a local educational agency, a sec- 13 ondary school, an area career and technical 14 education school, or an appropriate community 15 facility; 16 (3) works with the Secretary of Defense or vet- 17 erans organizations to transition members of the 18 Armed Forces and veterans to apprenticeship or 19 preapprenticeship programs in a relevant sector; 20 (4) plans to use the grant to carry out the 21 training described in subsection (b) with an entity 22 that receives State funding or is operated by a State 23 agency; and 24 VerDate Sep 11 2014 19:51 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3135 IH (5) plans to use the grant to carry out the 1 training described in subsection (b) for— 2 (A) young adults ages 17 to 29, inclusive; 3 or 4 (B) individuals with barriers to employ- 5 ment. 6 (f) ADDITIONAL CONSIDERATION.—In making grants 7 under this section, the Secretary shall consider regional 8 diversity. 9 (g) LIMITATION ON APPLICATIONS.—An eligible enti- 10 ty may not submit, either individually or as part of a joint 11 application, more than 1 application for a grant under this 12 section during any 1 fiscal year. 13 (h) LIMITATIONS ON AMOUNT OF GRANT.—The 14 amount of a grant provided under this section for any 24- 15 month period of the 5-year grant period shall not exceed 16 $500,000. 17 (i) NON-FEDERAL SHARE.—The non-Federal share 18 of the cost of a customized training program carried out 19 using a grant under this section shall be not less than 20 25 percent of the total cost of the program. 21 (j) TECHNICAL ASSISTANCE.—The Secretary may 22 provide technical assistance to eligible entities described 23 in subsection (c) to leverage the existing job training and 24 VerDate Sep 11 2014 19:51 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3135 IH education programs of the Department of Labor and other 1 relevant programs at appropriate Federal agencies. 2 (k) REPORT.— 3 (1) IN GENERAL.—Not less than once every 2 4 years, the Secretary of Labor shall submit to Con- 5 gress, and make publicly available on the website of 6 the Department of Labor, a report on the program 7 established under this section, including— 8 (A) a description of— 9 (i) any entity that receives a grant 10 under this section; 11 (ii) any activity carried out using the 12 grants under this section; and 13 (iii) best practices used to leverage the 14 investment of the Federal Government 15 under this section; and 16 (B) an assessment of the results achieved 17 by the program established under this section, 18 including the rate of employment for partici- 19 pants after completing a job training and edu- 20 cation program carried out using a grant under 21 this section. 22 (2) PROVISION OF INFORMATION.—The Sec- 23 retary of Energy shall provide such information as 24 VerDate Sep 11 2014 04:43 Jun 14, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 3135 IH necessary to the Secretary of Labor for purposes of 1 the report under paragraph (1). 2 (l) DEFINITIONS.—In this section: 3 (1) ESEA TERMS.—The terms ‘‘local edu- 4 cational agency’’ and ‘‘secondary school’’ have the 5 meanings given the terms in section 8101 of the Ele- 6 mentary and Secondary Education Act of 1965 (20 7 U.S.C. 7801). 8 (2) WIOA TERMS.—The terms ‘‘career plan- 9 ning’’, ‘‘community-based organization’’, ‘‘cus- 10 tomized training’’, ‘‘economic development agency’’, 11 ‘‘individual with a barrier to employment’’, ‘‘indus- 12 try or sector partnership’’, ‘‘on-the-job training’’, 13 ‘‘recognized postsecondary credential’’, and ‘‘work- 14 place learning advisor’’ have the meanings given 15 such terms in section 3 of the Workforce Innovation 16 and Opportunity Act (29 U.S.C. 3102). 17 (3) APPRENTICESHIP.—The term ‘‘apprentice- 18 ship’’ means an apprenticeship registered under the 19 Act of August 16, 1937 (commonly known as the 20 ‘‘National Apprenticeship Act’’; 50 Stat. 664, chap- 21 ter 663; 29 U.S.C. 50 et seq.). 22 (4) AREA CAREER AND TECHNICAL EDUCATION 23 SCHOOL.—The term ‘‘area career and technical edu- 24 cation school’’ has the meaning given the term in 25 VerDate Sep 11 2014 19:51 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 3135 IH section 3 of the Carl D. Perkins Career and Tech- 1 nical Education Act of 2006 (20 U.S.C. 2302). 2 (5) COMMUNITY COLLEGE.—The term ‘‘commu- 3 nity college’’ has the meaning given the term ‘‘junior 4 or community college’’ in section 312(f) of the High- 5 er Education Act of 1965 (20 U.S.C. 1058(f)). 6 (6) COVERED FACILITY OF THE NATIONAL NU- 7 CLEAR SECURITY ADMINISTRATION.—The term 8 ‘‘covered facility of the National Nuclear Security 9 Administration’’ means a national security labora- 10 tory or a nuclear weapons production facility as such 11 terms are defined in section 4002 of the Atomic En- 12 ergy Defense Act (50 U.S.C. 2501). 13 (7) ELIGIBLE SPONSOR.—The term ‘‘eligible 14 sponsor’’ means a public organization or an organi- 15 zation described in section 501(c) of the Internal 16 Revenue Code of 1986 and exempt from tax under 17 section 501(a) of that Code, that— 18 (A) with respect to an apprenticeship pro- 19 gram, administers such program through a 20 partnership that may include— 21 (i) a business; 22 (ii) an employer or industry associa- 23 tion; 24 (iii) a labor-management organization; 25 VerDate Sep 11 2014 19:51 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 3135 IH (iv) a local workforce development 1 board or State workforce development 2 board; 3 (v) a 2- or 4-year institution of higher 4 education that offers an educational pro- 5 gram leading to an associate’s or bach- 6 elor’s degree in conjunction with a certifi- 7 cate of completion of apprenticeship; 8 (vi) the Armed Forces (including the 9 National Guard and Reserves); 10 (vii) a community-based organization; 11 or 12 (viii) an economic development agen- 13 cy; and 14 (B) with respect to a preapprenticeship 15 program, is a local educational agency, a sec- 16 ondary school, an area career and technical 17 education school, a State workforce develop- 18 ment board, a local workforce development 19 board, or a community-based organization, that 20 administers such program with any required co- 21 ordination and necessary approvals from the 22 Secretary of Labor or a State department of 23 labor. 24 VerDate Sep 11 2014 19:51 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 3135 IH (8) INSTITUTION OF HIGHER EDUCATION.—The 1 term ‘‘institution of higher education’’ has the 2 meaning given the term in section 101 of the Higher 3 Education Act of 1965 (20 U.S.C. 1001). 4 (9) LOCAL WORKFORCE DEVELOPMENT 5 BOARD.—The term ‘‘local workforce development 6 board’’ has the meaning given the term ‘‘local 7 board’’ in section 3 of the Workforce Innovation and 8 Opportunity Act (29 U.S.C. 3102). 9 (10) NATIONAL LABORATORY.—The term ‘‘Na- 10 tional Laboratory’’ has the meaning given the term 11 in section 2 of the Energy Policy Act of 2005 (42 12 U.S.C. 15801). 13 (11) PREAPPRENTICESHIP.—The term 14 ‘‘preapprenticeship’’, used with respect to a pro- 15 gram, means an initiative or set of strategies that— 16 (A) is designed to prepare participants to 17 enter and succeed in an apprenticeship pro- 18 gram; 19 (B) is carried out by an eligible sponsor 20 that has a documented partnership with one or 21 more sponsors of apprenticeship programs; and 22 (C) includes each of the following: 23 (i) Training (including a curriculum 24 for the training) aligned with industry 25 VerDate Sep 11 2014 19:51 Jun 12, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3135.IH H3135 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 3135 IH standards related to apprenticeships and 1 reviewed and approved annually by spon- 2 sors of the apprenticeships within the doc- 3 umented partnership that will prepare par- 4 ticipants by teaching the skills and com- 5 petencies needed to enter one or more ap- 6 prenticeship programs. 7 (ii) Hands-on training and theoretical 8 education for participants that— 9 (I) includes proper observation of 10 supervision and safety protocols; and 11 (II) does not displace a paid em- 12 ployee. 13 (iii) A formal agreement with a spon- 14 sor of an apprenticeship program that 15 would enable participants who successfully 16 complete the preapprenticeship program— 17 (I) to enter directly into the ap- 18 prenticeship program if a place in the 19 program is available and if the [Text truncated for display. 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