[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2112 Introduced in House (IH)]
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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 retention of individuals, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Workforce Recovery Act''.
SEC. 2. STATE ALLOTMENTS AND LOCAL ALLOCATIONS.
(a) State Allotments.--
(1) Reservation for outlying areas.--From the amount made
available under section 6(a) for a fiscal year, the Secretary
of Labor shall reserve not more than \1/4\ of 1 percent of such
amount to provide assistance to the outlying areas.
(2) State allotments.--After determining the amount to be
reserved under paragraph (1), the Secretary shall allot the
remainder of the amount made available under section 6(a) for
that fiscal year to the States in accordance with clause (ii)
of section 132(b)(2)(B) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3172(b)(2)(B)) for the activities
described in this Act, except that clause (iii) of such section
shall not apply to allotments made under this paragraph.
(b) Within State Allocation.--
(1) Reservation for state uses.--The Governor shall reserve
not more than 15 percent of the amount allotted to the State
under subsection (a)(2) for the State activities described in
section 3.
(2) Allocations to local areas.--After determining the
amount to be reserved under paragraph (1) and not later than 30
days after receiving funds allotted under subsection (a)(2),
the Governor shall allocate the remainder of such allotment to
local areas in the State, on the basis of the allocation
formula prescribed by the Governor of the State under clause
(i) of section 133(b)(2)(B) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3173(b)(2)(B)) for the program year
that is in effect on the date of such allocation.
(3) Reallocation requirements.--Any amounts allocated to a
local area under paragraph (1) or (2) that remain unobligated
for 1 year after the date of allocation may be reallocated to
other local areas in the State by the Governor, as determined
by the Governor.
SEC. 3. STATE USES OF FUNDS.
The State activities referred to in section 2(b)(1) are as follows:
(1) Reviewing new applications from training providers
seeking to be included on the list of eligible providers of
training services under section 122(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3152(d)) for such
State not later than 30 days after receipt of such application.
(2) Evaluating the training providers included on the list
of eligible providers of training services under section 122(d)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3152(d)) for such State to determine if such providers have the
capacity to meet the job training needs of displaced workers
and the employment needs of employers in the State, including
the capacity of remote or virtual training options in such
State.
(3) Carrying out activities to facilitate remote access to
employment and training activities, including career services,
through a one-stop center.
(4) Improving the quality of local and regional labor
market information relating to in-demand industry sectors or
occupations, including by ensuring such information is up-to-
date, searchable, comparable, informed by best practices on
public provision of credential information, and includes
information on skills required by in-demand industry sectors or
occupations in the local area.
(5) Improving the public availability and accessibility of
the performance reports of eligible training providers required
under section 116(d)(4) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(d)(4)).
(6) Carrying out any statewide employment and training
activities under section 134(a)(3)(A) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(a)(3)(A)).
(7) Providing supplemental allocations to local areas most
in need of additional employment and training resources, as
determined by the Governor.
SEC. 4. LOCAL AREA USES OF FUNDS.
(a) Uses of Funds.--
(1) Required uses.--A local area receiving an allocation
under this Act shall use not less than 75 percent of the
allocation for the following:
(A) To provide the following training or jobs:
(i) Training services provided through
individual training accounts described in
subsection (b);
(ii) On-the-job training, for which the
local board may take into account the impact of
a qualifying emergency as a factor in
determining whether to increase the amount of a
reimbursement to an amount of up to 75 percent
of the wage rate of a participant in accordance
with section 134(c)(3)(H) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3174(c)(3)(H)).
(iii) Customized training, for which the
local board may take into account the impact of
a qualifying emergency as a factor in
determining the portion of the cost of training
an employer shall provide.
(iv) Transitional jobs that meet the
requirements of section 134(d)(5) of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3174(d)(5)).
(v) Training programs for incumbent workers
carried out in accordance with section
134(d)(4) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(d)(4)).
(B) To establish a Pandemic Reskilling Fund for
dislocated workers participating in training services
described in clauses (i) through (iii) of subparagraph
(A).
(2) Authorized uses.--A local area receiving an allocation
under this Act may use the allocation--
(A) to provide the career services described in
paragraph (2) of section 134(c) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(c)(2))
to adults and dislocated workers--
(i) which shall include the prioritization
of the use of the assessments and the
development of individual employment plans
described in subclauses (I) and (II) of
paragraph (2)(A)(xii) of such section 134(c),
respectively;
(ii) be based on the most recent local and
regional labor market information relating to
in-demand industry sectors or occupations for
such local area; and
(iii) carried out in coordination with
reemployment activities conducted under section
306 of the Social Security Act;
(B) to provide the employment and training
activities described in section 134(d)) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3174(d));
(C) to provide information to adults and dislocated
workers on employers seeking individuals to participate
in the on-the-job training described in subsection (b);
and
(D) for administrative costs to carry out the
requirements of this section, as long as not more than
10 percent of the allocation is used for such costs.
(b) Individual Training Accounts.--
(1) In general.--Notwithstanding section 134(c)(3)(G) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3174(c)(3)(G)), an individual training account established with
an allocation made under this Act may be used to support--
(A) on-the-job training if a work-based training
agreement is established by the individual and the
employer, and is approved by the one-stop operator
involved; or
(B) training services with a provider described in
paragraph (3).
(2) Work-based training agreement.--
(A) Contents.--A work-based training agreement
referred to in paragraph (1)(A) shall establish the
length of training, the hourly wage rate of the
individual, the skills necessary for the job, and the
individual's current skill level as of the date of the
agreement, the skills to be learned during the
training, any recognized postsecondary credential that
may be acquired during the training, and the
reimbursement to be provided to the employer.
(B) Documentation requirements.--A work-based
training agreement that is approved by the one-stop
operator shall ensure that the individual provides the
one-stop operator involved with any documentation of
the wages earned by the individual while engaged in
such training for the purpose of reimbursement to the
employer.
(3) Eligible training providers.--
(A) In general.--An individual training account
described in paragraph (1) established on behalf of an
individual shall pay for training provided through--
(i) a provider on the list of eligible
providers of training services under section
122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d)) for the
State of the local area; or
(ii) a training provider that is not on
such list--
(I) in a case in which the State
board or local board approves such
provider upon a determination that the
individual is seeking training for an
in-demand industry sector or occupation
in the local area for which such
provider has demonstrated
effectiveness; or
(II) in a case in which an employer
identifies such provider as having the
ability to help the individual acquire
the skills necessary to be hired by
such employer, and for which the
employer covers not less than 20
percent of the training cost.
(B) Performance reports.--To receive a payment
under an individual training account described in
paragraph (1), a training provider described in
subparagraph (A)(ii) shall submit the necessary
information to be included in the performance report
with respect to such provider under section 116(d)(4)
of the Workforce Innovation and Opportunity Act (29
U.S.C. 3141(d)(4)).
(c) Pandemic Reskilling Fund.--
(1) In general.--For dislocated workers receiving training
services under subsection (a)(1), the local area shall
establish a Pandemic Reskilling Fund that the individual can
access to receive reimbursement for supportive services
necessary for the individual to participate in the training.
(2) One-stop operator.--The one-stop operator involved
shall--
(A) have the discretion to approve an individual's
supportive services expenses and make payments from the
individual's Pandemic Reskilling Fund; and
(B) provide information, in formats that are usable
by and understandable to one-stop center customers,
relating to the availability of other supportive
services and funding for such services in the local
area.
(3) Amount per individual.--The Pandemic Reskilling Fund
shall provide the following reimbursement amounts:
(A) $1,000 for a dislocated worker who is a low-
income individual.
(B) $500 for a dislocated worker who is not covered
under subparagraph (A).
(4) Completion incentive and reallocation.--
(A) Completion incentive.--Any funds remaining in a
Pandemic Reskilling Fund of an individual shall be
provided in cash to the individual if--
(i) not later than 6 weeks after an
individual completes the training for which
such Fund was established, the individual
obtains full-time, unsubsidized employment; and
(ii) the individual has been so employed
for 6 weeks.
(B) Reallocation.--With respect to any funds
remaining in the Pandemic Reskilling Fund of an
individual who does not meet the requirements of
subparagraph (A), after completion of the training for
which such Fund was established, such funds shall be
returned to the local area for redistribution by such
area.
(d) Eligible Individuals.--The requirements of section 134(c)(3)(B)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3174(c)(3)(B)) shall not apply in determining an individual's
eligibility to receive training services funded under this section.
SEC. 5. GAO REPORT.
Not later than one year following the date of enactment of this
Act, the Comptroller General of the United States shall--
(1) conduct an evaluation of the--
(A) flexibility provided through individual
training accounts established under this Act; and
(B) the overall effectiveness of the funds provided
under this Act with respect to promoting the skill
acquisition, employment, and retention of the
individuals who were assisted with such funds,
including individuals with barriers to employment,
disaggregated--
(i) by each subpopulation of such
individuals; and
(ii) by race, ethnicity, sex, and age.
(2) submit the results of the evaluation to Congress.
SEC. 6. GENERAL PROVISIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated $7,000,000,000 to carry out this Act.
(b) Definitions.--In this Act:
(1) Qualifying emergency.--The term ``qualifying
emergency'' has the meaning given the term in section 3502(a)
of the CARES Act (20 U.S.C. 1001 note).
(2) Supportive services.--The term ``supportive services''
means services such as transportation, child care, dependent
care, housing, technology and equipment, and needs-related
payments, that are necessary to enable an individual to
participate in activities authorized under this Act.
(3) WIOA definitions.--Except as otherwise provided, a term
used in this Act that is defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102) shall have the
meaning given that term in such section.
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