Department of Energy National Labs Jobs ACCESS Act

II Calendar No. 352 116TH CONGRESS 1ST SESSION S. 1739 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 SENATE OF THE UNITED STATES JUNE 5, 2019 Ms. DUCKWORTH (for herself, Mr. CRAPO, and Mr. MANCHIN) introduced the following bill; which was read twice and referred to the Committee on En- ergy and Natural Resources DECEMBER 17, 2019 Reported by Ms. MURKOWSKI, without amendment 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 VerDate Sep 11 2014 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1739.RS S1739 kjohnson on DSK79L0C42 with BILLS 2 •S 1739 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Department of Energy 2 National Labs Jobs ACCESS Act’’. 3 SEC. 2. NATIONAL LABORATORY JOBS ACCESS PROGRAM. 4 (a) IN GENERAL.—Not later than 180 days after the 5 date of enactment of this Act, the Secretary shall establish 6 a program known as the ‘‘Department of Energy National 7 Lab Jobs ACCESS Program’’, under which the Secretary 8 shall award, on a competitive basis, 5-year grants to eligi- 9 ble entities described in subsection (c) for the Federal 10 share of the costs of technical, skills-based 11 preapprenticeship and apprenticeship programs that pro- 12 vide employer-driven or recognized postsecondary creden- 13 tials during the grant period. 14 (b) REQUIREMENTS.—A program funded by a grant 15 awarded under this section shall develop and deliver cus- 16 tomized and competency-based training that— 17 (1) leads to recognized postsecondary creden- 18 tials for secondary school and postsecondary stu- 19 dents; 20 (2) is focused on skills and qualifications need- 21 ed to meet the immediate and on-going needs of tra- 22 ditional and emerging technician positions (including 23 machinists and cyber security technicians) at the 24 National Laboratories and covered facilities of the 25 National Nuclear Security Administration; 26 VerDate Sep 11 2014 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1739.RS S1739 kjohnson on DSK79L0C42 with BILLS 3 •S 1739 RS (3) creates an apprenticeship or 1 preapprenticeship partnership with a National Lab- 2 oratory or covered facility of the National Nuclear 3 Security Administration; and 4 (4) creates an apprenticeship or 5 preapprenticeship program with the Secretary of 6 Labor or a State department of labor. 7 (c) ELIGIBLE ENTITIES.—An entity that is eligible 8 to receive a grant under this section shall be a workforce 9 intermediary or an eligible sponsor of a preapprenticeship 10 or an apprenticeship program that— 11 (1) demonstrates experience in implementing 12 and providing career planning and career pathways 13 towards technical, skills-based apprenticeship or 14 preapprenticeship training programs; 15 (2)(A) has a relationship with a National Lab- 16 oratory or covered facility of the National Nuclear 17 Security Administration; 18 (B) has knowledge of technician workforce 19 needs of such laboratory or facility and the associ- 20 ated security requirements of such laboratory or fa- 21 cility; and 22 (C) is eligible to enter into an agreement with 23 such laboratory or facility that would be paid for in 24 VerDate Sep 11 2014 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1739.RS S1739 kjohnson on DSK79L0C42 with BILLS 4 •S 1739 RS part or entirely from grant funds received under this 1 section; 2 (3) demonstrates the ability to recruit and sup- 3 port individuals who plan to work in relevant techni- 4 cian positions upon the successful completion of such 5 programs; 6 (4) provides students who complete such pro- 7 grams with a recognized postsecondary credential, 8 such as a journeyman craft license or an industry- 9 recognized certification; 10 (5) uses a customized training curriculum that 11 is specifically aligned with employers, utilizing work- 12 place learning advisors and on-the-job training to 13 the greatest extent possible; and 14 (6) demonstrates successful outcomes con- 15 necting graduates of such programs to careers rel- 16 evant to such programs. 17 (d) APPLICATIONS.—An eligible entity seeking a 18 grant under this section shall submit to the Secretary an 19 application at such time, in such manner, and containing 20 such information as the Secretary may require. 21 (e) PRIORITY.—In selecting eligible entities to receive 22 grants under this section, the Secretary shall prioritize an 23 eligible entity that— 24 VerDate Sep 11 2014 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1739.RS S1739 kjohnson on DSK79L0C42 with BILLS 5 •S 1739 RS (1) is a member of an industry or sector part- 1 nership; 2 (2) provides the training described in subsection 3 (b)— 4 (A) at an institution of higher education 5 (such as a community college) that includes 6 basic science, technology, and mathematics edu- 7 cation in the curriculum; 8 (B) through an apprenticeship program 9 that was registered with the Department of 10 Labor or a State before the date on which the 11 eligible entity applies for the grant under sub- 12 section (d); or 13 (C) with respect to a preapprenticeship 14 program, at a local educational agency, a sec- 15 ondary school, an area career and technical 16 education school, or an appropriate community 17 facility; 18 (3) works with the Secretary of Defense or vet- 19 erans organizations to transition members of the 20 Armed Forces and veterans to apprenticeship or 21 preapprenticeship programs in a relevant sector; 22 (4) plans to use the grant to carry out the 23 training described in subsection (b) with an entity 24 VerDate Sep 11 2014 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1739.RS S1739 kjohnson on DSK79L0C42 with BILLS 6 •S 1739 RS that receives State funding or is operated by a State 1 agency; and 2 (5) plans to use the grant to carry out the 3 training described in subsection (b) for— 4 (A) young adults ages 17 to 29, inclusive; 5 or 6 (B) individuals with barriers to employ- 7 ment. 8 (f) ADDITIONAL CONSIDERATION.—In making grants 9 under this section, the Secretary shall consider regional 10 diversity. 11 (g) LIMITATION ON APPLICATIONS.—An eligible enti- 12 ty may not submit, either individually or as part of a joint 13 application, more than 1 application for a grant under this 14 section during any 1 fiscal year. 15 (h) LIMITATIONS ON AMOUNT OF GRANT.—The 16 amount of a grant provided under this section for any 24- 17 month period of the 5-year grant period shall not exceed 18 $500,000. 19 (i) NON-FEDERAL SHARE.—The non-Federal share 20 of the cost of a customized training program carried out 21 using a grant under this section shall be not less than 22 25 percent of the total cost of the program. 23 (j) TECHNICAL ASSISTANCE.—The Secretary may 24 provide technical assistance to eligible entities described 25 VerDate Sep 11 2014 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1739.RS S1739 kjohnson on DSK79L0C42 with BILLS 7 •S 1739 RS in subsection (c) to leverage the existing job training and 1 education programs of the Department of Labor and other 2 relevant programs at appropriate Federal agencies. 3 (k) REPORT.— 4 (1) IN GENERAL.—Not less than once every 2 5 years, the Secretary of Labor shall submit to Con- 6 gress, and make publicly available on the website of 7 the Department of Labor, a report on the program 8 established under this section, including— 9 (A) a description of— 10 (i) any entity that receives a grant 11 under this section; 12 (ii) any activity carried out using the 13 grants under this section; and 14 (iii) best practices used to leverage the 15 investment of the Federal Government 16 under this section; and 17 (B) an assessment of the results achieved 18 by the program established under this section, 19 including the rate of employment for partici- 20 pants after completing a job training and edu- 21 cation program carried out using a grant under 22 this section. 23 (2) PROVISION OF INFORMATION.—The Sec- 24 retary of Energy shall provide such information as 25 VerDate Sep 11 2014 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1739.RS S1739 kjohnson on DSK79L0C42 with BILLS 8 •S 1739 RS 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 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1739.RS S1739 kjohnson on DSK79L0C42 with BILLS 9 •S 1739 RS 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 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1739.RS S1739 kjohnson on DSK79L0C42 with BILLS 10 •S 1739 RS (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 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1739.RS S1739 kjohnson on DSK79L0C42 with BILLS 11 •S 1739 RS (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 04:23 Dec 18, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1739.RS S1739 kjohnson on DSK79L0C42 with BILLS 12 •S 1739 RS 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 partic- 20 ipant meets the q [Text truncated for display. 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