[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8316 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8316
To establish a program of workforce development as an alternative to
college for all, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 8, 2024
Mr. Miller of Ohio (for himself, Mr. Van Orden, and Mr. D'Esposito)
introduced the following bill; which was referred to the Committee on
Education and the Workforce, and in addition to the Committee on Ways
and Means, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a program of workforce development as an alternative to
college for all, 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 Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) American workforce contract.--The term ``American
workforce contract'' means a contract approved by the Director,
and entered into by an employer and a prospective trainee under
section 4(b)(6).
(2) American workforce program.--The term ``American
workforce program'' means a program established under section
4(a) that provides, for each participating trainee, a paid,
full-time position in which the trainee is engaged in--
(A) structured on-the-job work, as specified by the
American workforce contract involved; and
(B) educational workforce training described in
section 4(f), as specified by the American workforce
contract.
(3) Competency-based credential.--The term ``competency-
based credential'' means a credential awarded on the basis of a
performance-based test that--
(A) is taken to demonstrate proficiency in
knowledge and abilities essential to the industry or
occupation; and
(B) does not place restrictions on how, when, or
where the test taker studied and acquired the knowledge
and abilities.
(4) Director.--The term ``Director'' means the Director of
the American Workforce Division, appointed under section 3(b).
(5) Employer.--The term ``employer'' means a for-profit
employer, as defined in section 3 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203), other than a public agency, as
defined in that section.
(6) Prospective trainee.--The term ``prospective trainee''
means an individual who--
(A) applies to an employer to enter into an
American workforce contract; and
(B) on the date of application, meets the
requirements of paragraph (8)(A).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(8) Trainee.--The term ``trainee'' means any individual
who--
(A) on the date of application to an employer to
enter into an American workforce contract--
(i) is a United States citizen;
(ii) has a high school diploma or its
generally recognized equivalent; and
(iii) has not earned a bachelor's or higher
degree, such as a master's or doctoral degree;
and
(B) entered into an American workforce contract,
which is still in effect, with the employer.
(9) Workforce project.--The term ``workforce project''
means a project carried out under an American workforce
contract as part of the American workforce program.
SEC. 3. ESTABLISHMENT OF AMERICAN WORKFORCE DIVISION.
(a) Establishment.--There is established in the Economic
Development Administration of the Department of Commerce an American
Workforce Division that administers, subject to the availability of
appropriations, the American workforce program established under
section 4(a).
(b) Director.--
(1) In general.--The American Workforce Division shall be
headed and administered, in accordance with the provisions of
this Act, by a Director. The Director shall be appointed by the
President, by and with the advice and consent of the Senate.
The Director shall report directly to the Secretary and shall
perform, in addition to any functions specified in law for or
required to be delegated to such officer, such additional
functions as the Secretary may prescribe.
(2) Qualifications.--The Director shall have significant
experience in the private sector.
(3) Authority before confirmation.--Until the initial
appointment of an individual to the position of Director, by
and with the advice and consent of the Senate, and, thereafter,
if the individual serving as the Director dies, resigns, or is
otherwise unable to perform the functions and duties of the
office of the Director, the Secretary of Commerce shall
designate an officer or employee of the Department of Commerce
to perform the functions and duties of the Director under this
Act temporarily in an acting capacity.
(c) Responsibilities of the Director.--The Director shall be
responsible for each of the following:
(1) Reviewing, and approving or disapproving, each proposed
American workforce contract received by the Director not later
than 1 month after the date of receipt of the proposed
contract.
(2)(A) Maintaining records of American workforce contracts
and ensuring compliance with the contracts.
(B) Publishing a standardized template for American
workforce contracts, which template shall not exceed 3 pages,
and shall be used by prospective trainees and employers to
draft a proposed American workforce contract to submit to the
Director for review and approval.
(3) In accordance with subsection (d), receiving
complaints, carrying out investigations, and taking
disciplinary and corrective action.
(4) In accordance with subsection (e), making
determinations and taking disciplinary and corrective action.
(5) Coordinating activities with State governments and
local governments to--
(A) publicize the opportunity to receive workforce
education subsidies for workforce projects, with
employers in high-wage, high-demand industries and
occupations; and
(B) encourage employers to recruit students from
secondary schools to participate in the workforce
projects.
(6) Developing and maintaining a comprehensive, publicly
accessible, and user-friendly website to allow employers from
each State to simply indicate their demand for workers in their
industry or occupation, post it online, and accept applications
for training from prospective trainees and ensures prospective
trainees can easily search and compare options.
(7) Preparing 5- and 10-year reports under section 6, and
submitting the reports to Congress.
(8)(A) Collecting, on an ongoing basis, up-to-date contact
information, including an email, phone number, and mailing
address, for each employer participating in a workforce project
in the American workforce program.
(B) Annually collecting the following information about the
American workforce program:
(i) The total number of new and continuing trainees
training in each workforce project under an American
workforce contract.
(ii) The annual completion rate for trainees,
calculated by comparing the number of trainees in a
designated American workforce program cohort who
successfully completed a workforce project with an
employer and were hired as full-time regular employees
by the same employer, with the number of trainees in
that cohort who began participating in a workforce
project.
(iii) The annual rate of trainees who successfully
completed a workforce project with an employer but were
not hired as full-time regular employees by the same
employer compared with the number of trainees who began
participating in a workforce project.
(iv) The median length of time for workforce
project completion.
(v) A survey conducted by the Director, based on a
random sample and designed to generate statistically
significant results, to estimate the post-American
workforce program employment retention rate for former
trainees, calculated 1 and 2 years after completion of
a workforce project, broken down by--
(I) former trainees who are employed by the
employer with whom they completed their workforce
project;
(II) former trainees employed in the same industry
or occupation as the industry or occupation in which
they completed that workforce project, but by a
different employer; and
(III) former trainees who are employed, but in an
industry or occupation that is not the industry or
occupation described in subclause (II).
(vi) The credentials attained by trainees through
the American workforce program, broken down by type
(such as competency-based credentials, certifications,
and licenses) and the number of such credentials
attained.
(vii) The annualized average earnings of former
trainees, calculated over a significant time period
after completion of a workforce project.
(viii) Median and mean workforce education subsidy
provided per trainee.
(ix) Basic demographic information, such as age,
sex, and area of residence, on trainees.
(d) Whistleblower Complaints.--
(1) Complaint.--A trainee (including an employee
participating as a trainee) in a workforce project may file a
complaint with the Director alleging that the employer involved
is not complying with the terms of the American workforce
contract involved.
(2) Preliminary determination.--The Director shall begin an
investigation into the complaint within 1 month after the date
of receipt of the complaint. Not later than 90 days after the
beginning of the investigation, if the Director determines that
there is clear and convincing evidence that the complaint is
valid, the Director shall make a preliminary determination on
disciplinary or corrective action.
(3) Notice and opportunity to respond.--If the Director
makes a preliminary determination under paragraph (2) of
noncompliance, the Director shall provide the employer with
reasonable notice and opportunity to respond to the preliminary
determination.
(4) Disciplinary or corrective action.--Disciplinary or
corrective action under this subsection may consist of--
(A) issuing to the employer a warning or temporary
suspension, of not more than 5 years, from
participation in the American workforce program; and
(B) assessing a civil penalty against the employer
of not more than the amount of funds received by the
employer through workforce education subsidies during
the past 2 years.
(5) Appeal.--If the Director so determines that the
appropriate disciplinary or corrective action includes a
suspension, the employer shall have 90 days to appeal the
validity of the disciplinary or corrective action to the
Director, with mandatory review by the Secretary of Commerce.
(6) Final determination.--After such mandatory review, the
Director shall make a final determination on the validity and
on the appropriate disciplinary or corrective action,
contingent on approval from the Secretary of Commerce.
(e) Noncompliance Determinations.--
(1) Accountability.--The Director--
(A) may, in order to make a preliminary
determination about whether there is clear and
convincing evidence that employers participating in
workforce projects are complying with the terms of the
American workforce contracts involved and meeting the
requirements of the American workforce program--
(i) demand and review relevant materials
from the employers; and
(ii) conduct random, periodic compliance
reviews of workforce projects; and
(B) shall review information in public disclosure
documents submitted under section 4(g), including
reviewing completion rates provided under section
4(g)(2)(A) to make a preliminary determination about
whether there is clear and convincing evidence that
employers are participating in a workforce project with
a completion rate below 25 percent over 4 years.
(2) Notice and opportunity to respond.--If the Director
makes a preliminary determination under paragraph (1) of
noncompliance or participation in a workforce project described
in paragraph (1)(B), the Director shall provide the employer
with reasonable notice and opportunity to respond to the
preliminary determination.
(3) Warning or civil penalty.--
(A) In general.--The Director may, at the
discretion of the Director, issue a warning to or
assess a civil penalty against an employer if, after
carrying out paragraph (2), the Director makes a final
determination that there is clear and convincing
evidence that--
(i) the employer is participating in a
workforce project described in paragraph
(1)(B); or
(ii) the employer is violating the terms of
an American workforce contract or the
requirements of the American workforce program.
(B) Calculation of civil penalty.--A civil penalty
assessed under subparagraph (A) shall be in an amount
that is not more than the amount of funds received by
the employer through workforce education subsidies
during the past 2 years.
(4) Suspension.--The Director may, at the discretion of the
Director, temporarily suspend an employer from the American
workforce program for not more than 5 years if, after carrying
out paragraph (2), the Director makes a final determination
that there is clear and convincing evidence that--
(A) the employer is participating in a workforce
project described in paragraph (1)(B); or
(B) the employer is consistently or egregiously
violating the terms of an American workforce contract
or the requirements of the American workforce program.
(f) Interference With Proceedings or Inquiries.--It shall be
unlawful for any employer to discharge or in any other manner
discriminate against any trainee because such trainee--
(1) has filed any complaint under subsection (d);
(2) has given, or is about to give, any information in
connection with any inquiry or proceeding under this Act
(including any inquiry or proceeding under subsection (d) or
(e)); or
(3) has testified, or is about to testify, in any such
inquiry or proceeding under this Act.
SEC. 4. AMERICAN WORKFORCE PROGRAM.
(a) In General.--The Director shall establish, subject to the
availability of appropriations, an American workforce program, and
carry out the program by supporting workforce projects with American
workforce contracts, distributing workforce education subsidies and
bonuses for hiring, and providing technical and administrative support.
(b) Contracts.--
(1) In general.--To be eligible to receive a workforce
education subsidy, bonus for hiring, or technical support under
this Act for a workforce project, an employer and prospective
trainee shall prepare a proposed American workforce contract
under this subsection, based on the standardized template
created by the Director, and submit the proposed contract to
the Director for approval. The page limitation placed on the
Director's template under subsection (c)(2)(B) shall not apply
to the proposed American workforce contract prepared by the
trainee and employer or the final American workforce contract.
(2) Provisions.--The proposed contract between an
individual who is a prospective trainee and the employer shall
include each of the following:
(A) Parties involved.--The name of the individual,
the employer participating in the workforce project,
and any third-party entity with whom the employer is
partnering to provide the educational workforce
training component of the project (referred to in this
Act as a ``third-party training entity'').
(B) Term.--The term, which shall not be shorter
than 6 weeks, of the workforce project (including
specifying total time to completion) and the amount of
time the individual will spend in structured on-the-job
work and in educational workforce training (including
specifying hours per week, month, and year).
(C) Work and training plan.--A detailed overview of
the curriculum for the educational workforce training,
a description of the structured on-the-job work, and a
description of skills and competencies to be attained
through the workforce project.
(D) Written workforce agreement.--A proposed
written workforce agreement for the individual that
outlines each of the following:
(i) The terms and conditions of the
individual's work and training.
(ii) The wage or salary an individual will
receive as a trainee and the estimated starting
wage or salary, in accordance with the
requirements of subsection (e), for each
position, described in subsection (e), that the
individual is receiving training for and being
considered for.
(iii) The technical and professional
standards that will be met by the individual
for successful completion of the workforce
project.
(iv)(I) Expected long-term and short-term
outcomes for the individual, including
qualifying positions of the type the individual
is being trained for at the employer and third-
party training entities (if applicable), and
the estimated wage or salary range for the
occupation the individual is being trained for.
(II) The projected growth of the relevant
industry or occupation, if information on that
growth is available to the employer or
obtainable with such technical assistance as
the Director may provide.
(v) The circumstances under which the
individual's wage or salary will increase
during the workforce project.
(vi) A description of voluntary mentorship
opportunities that may be available.
(vii) A disclosure of the amount of the
payment from a workforce education subsidy that
the employer will receive per payment period
from the Director and any costs or expenses
that will be charged to the trainee or could
reasonably be expected to be charged to the
trainee.
(viii) If 1 or more competency-based
credentials exist for the relevant industry or
occupation, a description of the top 1 to 3
such credentials that the individual might earn
on successful completion of the workforce
project.
(ix) If no competency-based credential
exists for the industry or occupation, a
description of any other credential, such as a
certification or license, that the individual
might earn in the relevant industry or
occupation due to experience in the workforce
project.
(3) Review of credentials.--
(A) In general.--Not later than 1 month after
receiving for review a proposed American workforce
contract, the Director shall review the credentials
specified in the contract under clause (viii) or (ix)
of paragraph (2)(D) and may note any additional
credentials the Director determines a trainee should
consider earning. Any such credential noted by the
Director shall be described in the contract.
(B) Rules of construction.--Nothing in this section
shall be construed to--
(i) permit the Director to reject an entire
proposed American workforce contract solely
because of the Director's view of a credential
described in the proposed contract; or
(ii) require a trainee to agree to earn a
competency-based credential or another
credential specified in the American workforce
contract, as a condition of using funding
provided through a workforce education subsidy
under this section.
(4) Review of contract.--
(A) In general.--Not later than 1 month after
receiving a proposed American workforce contract, the
Director shall review, and approve or disapprove, the
proposed contract (including conducting the review
under paragraph (3) and determining whether the
employer has provided the appropriate written
disclosure document under subsection (g)).
(B) Presumption of approval.--There shall be a
presumption of approval for a proposed American
workforce contract, in that such a contract that has
not been disapproved by the Director shall be
considered to be approved on the 32nd day after the
date of that receipt. A proposed American workforce
contract may only be disapproved for failing to meet
the requirements of this Act. If such a proposed
contract is disapproved, the Director shall describe
the reason, with a citation to the requirement not met,
and a recommendation for how the proposed contract
shall be amended to comply with this Act.
(5) Review of resubmission.--If an employer and individual
submit a proposed contract under paragraph (1) that is not
approved under paragraph (4), the employer and individual may
resubmit the amended proposed contract for review as described
in paragraph (4). For purposes of paragraph (4)(B), the
reference to the date of receipt shall be considered to be the
date of receipt of the resubmitted proposed contract.
(6) Entry into contract.--Once a proposed contract has been
approved under paragraph (4) or (5), the individual and
employer involved may enter into the contract and initiate the
workforce project.
(7) Current employees.--A participating employer may enter
into an American workforce contract with, and enroll into their
workforce project, an employee who holds a position with the
employer if the employer agrees to--
(A) maintain employment for that employee at the
employee's wage or salary on the date of enrollment, or
a higher wage or salary; and
(B) provide an increase to the employee's annual
wage or salary, if the employee successfully completes
the workforce project, that is equal to not less than
25 percent of the value of the educational workforce
subsidy provided for the project.
(c) Workforce Education Subsidies.--Not earlier than the date on
which an individual and employer enter into an American workforce
contract approved by the Director, the Director shall provide an
education workforce subsidy to the employer operating the workforce
project. Each of the following rules shall apply to the workforce
education subsidy and the trainee involved and employer:
(1) The workforce education subsidy may be used to
subsidize the cost of educational workforce training (onsite or
with an eligible third-party training entity), not the wage or
salary of the trainee.
(2) The employer shall pay, at regular intervals, the
trainee a wage or salary at a rate that is not less than the
higher of--
(A) the rate in effect under section 6(a)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1));
or
(B) the rate in effect under a State or local
minimum wage law that applies to the State or locality
in which the trainee is engaged in labor or service for
the employer.
(3) The employer shall provide a working environment for
the trainee that meets all applicable Federal, State, and local
safety laws and regulations.
(4) Neither the Director or any other officer or employee
of the executive branch of the Federal Government may make the
workforce education subsidy contingent on any requirement not
specified in this Act.
(5) The employer shall not currently be suspended from
participating in workforce projects subsection (d) or (e) of
section 3.
(6) Participation in the workforce project involved shall
not make the employer subject to the jurisdiction of the Office
of Federal Contract Compliance Programs of the Department of
Labor as a Federal contractor, including not being subject to
Executive Order 11246.
(7) The employer shall comply with all applicable Federal,
State, and local statutory laws pertaining to nondiscrimination
in employment.
(8) The workforce education subsidy may not be used for--
(A) diversity, equity, and inclusion training, or
culturally responsive training; or
(B) any other training that may violate--
(i) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.), by contributing
to a hostile work environment; or
(ii) title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), including its
prohibition, on the ground of race, color, or
national origin, of discrimination under any
program or activity receiving Federal financial
assistance.
(9) The workforce education subsidy may not be used for
political spending, electioneering, or any other purpose that
is not directly related to educational workforce training.
(10) The Director shall make payments from the workforce
education subsidy to the employer--
(A) in even installments, following the end of each
financial quarter in which the training and on-the-job
work specified in the American workforce contract have
been completed by the trainee;
(B) in sums of not more than $1,500 per month; and
(C) for a total amount of not more than $9,000, as
determined on the basis of the American workforce
contract.
(11) A State government or locality may supplement the
workforce education subsidy with additional funds, if the State
government or locality does not make accepting such funds or
any conditions attached to the funds a requirement of accepting
Federal funding.
(12) If the trainee chooses to leave a workforce project
after the halfway point of the term of the workforce project,
the trainee will be considered to have used the entirety of one
of the workforce education subsidies through which the trainee
is eligible to receive educational workforce training.
(13) If the employer ceases operations, the trainee shall
not be held at fault, meaning that the trainee may receive
educational workforce training, funded with the full value of
the workforce education subsidy, for a workforce project with a
subsequent eligible employer, notwithstanding the time
requirement of paragraph (15).
(14) The maximum period of time for which an employer
(including a subsequent employer described in paragraph (13))
may receive payments, provided through the workforce education
subsidy for education workforce training of a trainee, shall be
3 years.
(15)(A) In order for a trainee to enroll in a workforce
project with a subsequent eligible employer through a second or
third such subsidy, the trainee shall receive the related
educational workforce training not less than 1 year after the
conclusion of the trainee's most recent training through a
workforce education subsidy.
(B) The time limit described in subparagraph (A) shall not
apply to a trainee who--
(i) completed a workforce project with, but was not
hired by, an employer; and
(ii) seeks to receive such training through a
workforce project with the trainee's next employer.
(16) The employer shall meet the applicable minimum ratios
specified under section 5(d).
(17) The employer shall use E-Verify for each trainee
enrolled and individual hired or employed during the period for
which the employer accepts funds through a subsidy provided
under this Act, regardless of whether the trainee or individual
participated in a workforce project.
(18) The employer shall publish a public disclosure
document, consistent with subsection (g).
(d) Bonus for Hiring.--
(1) In general.--If an trainee, on completion of a
workforce project, is hired as a full-time, regular employee of
the employer participating in the workforce project, with a
wage or salary described in subsection (e)(1), the employer
shall receive a bonus of $1,000 (in addition to any payment
received through a workforce education subsidy). The Director
shall pay the bonus not sooner than the date that is 6 months
after the trainee is so hired.
(2) Rules.--Subject to paragraph (3), each of the rules
described in paragraphs (5), (6), (8), (9), (11), (16), (17),
and (18) shall apply to the bonus, and the trainee hired and
employer, except that a reference in those paragraphs--
(A) to a workforce educational subsidy shall be
considered to be a reference to the bonus; and
(B) to a trainee shall be considered to be a
reference to the trainee hired.
(3) Use of bonus.--An employer who receives a bonus under
this subsection may use the bonus funds to supplement the wage
or salary of the trainee hired.
(e) Position for the Trainee.--
(1) Wages.--An employer participating in a workforce
project shall be training each trainee and considering each
trainee for a position that would have an annual wage or salary
of not less than 80 percent of--
(A) the annual median household income of the
county in which the job involved is located (or an
hourly wage based on that income and adjusted for a
2,080-hour annual work period), as determined by the 5-
year estimates of the American Community Survey of the
Bureau of the Census; or
(B) if the county involved is not in a micropolitan
or metropolitan area, the annual median household
income for the nearest micropolitan or metropolitan
area, as determined by the Bureau of the Census.
(2) Remote work.--An employer providing remote work for a
trainee or employee (in a position referred to in paragraph
(1)) shall use the trainee's or employee's location when
determining an applicable wage or salary under this Act. Such a
trainee or employee engaging in remote work shall live in the
United States and file Federal income taxes in the United
States.
(3) Work.--An employer participating in a workforce project
shall provide structured on-the-job work for each trainee in a
job that requires specialized knowledge and experience and
involves the performance of complex tasks, to prepare the
trainee for a position referred to in paragraph (1).
(f) Educational Workforce Training.--In providing for educational
workforce training through a workforce project to a trainee, an
employer shall meet each of the following requirements:
(1) Skills.--The employer shall ensure that the training is
designed in a manner that enables trainees to obtain and
demonstrate competency and obtain progressively advancing and
portable skills that are necessary for the industry or
occupation involved.
(2) Partners.--The employer may partner with any of the
following eligible third-party training entities, and may pay
such a third-party training entity with funds from a workforce
education subsidy, in order to provide the training for
trainees in the workforce project:
(A) A trade, industry, or employer group or
association.
(B) A corporation or other related organized
entity.
(C) An educational institution, such as an
institution of higher education, including a community
college, or a secondary school.
(D) A State or local government agency or entity.
(E) A nonprofit organization.
(F) A union.
(G) A joint labor-management organization.
(H) A certification or accreditation body or entity
for an industry or occupation.
(I) A consortium or partnership of entities such as
entities described in any of subparagraphs (A) through
(H).
(3) Credentials.--The employer shall ensure that, in
conjunction with that training, the trainee shall be made aware
of any widely used competency-based credentials in the
employer's industry or occupation. If a competency-based
credential is described in the trainee's American workforce
contract, the employer shall not forbid the trainee, or provide
a disincentive to discourage the trainee, from taking a related
competency-based credential exam.
(4) Definitions.--In this subsection:
(A) Community college.--The term ``community
college'' means an institution of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))) at which the highest
degree that is predominately awarded to students is an
associate degree.
(B) Institution of higher education.--The term
``institution of higher education'' has the meaning
given that term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(g) Public Disclosure Document.--
(1) In general.--The Director shall require each
participating employer seeking approval for a proposed American
workforce contract to provide a written disclosure document,
about the employer's workforce project, that includes each of
the following statistics and information:
(A) The total expected cost, if any, for a trainee
during or at the completion of the workforce project,
such as the cost of fees for a certification
examination.
(B) The expected wage or salary for the position of
the employer that the workforce project is designed to
train for.
(C) The length of the workforce project.
(D) The total expected number of hours of
structured on-the-job work per week, and of hours of
educational workforce training per week, for a trainee
during the workforce project.
(E) The total expected number of hours for which a
trainee will be paid during the course of the workforce
project.
(F) The hourly wage or salary for a trainee during
the course of the workforce project.
(G) Information stating any certifications,
licenses, or other credentials that trainees in the
workforce project might earn on successful completion
of the workforce project.
(2) Additional public disclosure for established workforce
projects.--Three years after an employer has completed a
workforce project, the Director shall require the employer to
include, in its written disclosure document, documentation that
includes each of the following statistics:
(A) The completion rate for trainees in a workforce
project with the employer, calculated over the previous
3 years.
(B) The percentage of trainees that completed a
workforce project with, and were hired by, the employer
participating in the project, calculated over the
previous 2 years.
(C) The average wage or salary of currently
employed (as of the date of collection of the wage or
salary information) trainees who completed a workforce
project, during the last 3 years, presented in a way
that does not reveal individually identifiable wage or
salary information.
(3) Availability.--The disclosure documents described in
paragraphs (1) and (2) shall be made available to the general
public by the Director.
SEC. 5. GENERAL PROVISIONS.
(a) Workforce Project After Payment Period.--Nothing in this Act
shall be construed to require a workforce project to end after 3 years,
the maximum period of time for which an employer may receive payments
through a workforce education subsidy for a trainee, if the employer
pays for the cost of the associated educational workforce training for
the portion of the project after that maximum period.
(b) Relationship to Other Projects.--Individuals who do not meet
the criteria described in section 2(8)(A) may participate in projects,
structured like workforce projects described in this Act, if the
employer or an organization other than the Federal Government provides
the necessary funding for wages or salaries, and educational workforce
training.
(c) Third-Party Training Entity.--The Secretary may not pressure,
or provide an incentive or disincentive to, an employer to choose 1
eligible entity over another as a third-party training entity. The
choice of a third-party training entity shall be made entirely by an
employer.
(d) Regulations on Ratios.--
(1) Ratios.--Beginning 5 years after the date of enactment
of this Act, the Secretary may issue regulations that specify 1
or more ratios, based on categories of jobs as defined by the
Secretary, between the number of job openings for a prospective
position, as a full-time regular employee, related to a
workforce project, and the number of trainees in that project.
(2) Objectives.--In issuing the regulations, the Secretary
shall consider the following objectives:
(A) Assuring that a trainee has a reasonable
opportunity to be hired as a full-time, regular
employee by the employer participating in the workforce
project.
(B) Ensuring that an employer's hiring discretion
is not limited in a manner that would incentivize an
employer to lower standards for a position that is
particularly difficult or dangerous.
(e) Criteria.--The Secretary may establish criteria regarding
technical matters and provide technical assistance for meeting the
requirements of this Act.
(f) Required Regulations.--Regulations required under this Act
shall be issued by the corresponding officer within 3 months after the
date of enactment of this Act, except as otherwise specified.
SEC. 6. EVALUATION REPORTS AND SUNSET.
(a) 5-Year Report.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall prepare and submit to
Congress a report including each of the following information,
analysis, and recommendations:
(1) A comparison of the American workforce program to other
major career and technical education or apprenticeship programs
administered by the Federal Government, including the
registered apprenticeship program carried out under the Act of
August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.), and to the workforce investment activity programs
administered under the Workforce Innovation and Opportunity Act
(29 U.S.C. 3101 et seq.), on the basis of--
(A) the completion rate of participants in each
program;
(B) the average earnings of participants in each
program, calculated during--
(i) the related career and technical
education, apprenticeship, workforce
investment, or workforce project; and
(ii) the period beginning 3 years and
ending 5 years after the participants complete
the related career and technical education,
apprenticeship, workforce investment, or
workforce project;
(C) the percentages obtained by dividing--
(i) the number of participants and rate of
growth in participants for each program; by
(ii) the number of individuals in the labor
force and the rate of growth of the labor
force, respectively;
(D) the level of direct engagement by employers
with, and satisfaction from employers in, each program;
and
(E) the diversity of the industries and occupations
of the employers who utilize each program.
(2) The overall completion rate for the American workforce
program, the completion rate for workforce projects by industry
and occupation, the number of trainees who dropped out of the
program entirely, broken down by industry and occupation, and
the number who left a workforce project for another workforce
project.
(3) The results of a survey, based on a random sample and
designed to generate statistically significant results, of
trainees who have participated in the program.
(4) The results of a survey, based on a random sample and
designed to generate statistically significant results, of
employers who have participated in the program, including a
breakdown by size of employer.
(5) Data collected under section 3(c)(8)(B).
(6) Information and technical criteria, other regulations,
and guidance issued by the Secretary to administer the program.
(7) Information on the rate of uptake by individuals and
employers that are eligible to participate in the program, and
recommendations for ways in which this rate of uptake could be
improved.
(8) Analysis on considerations for Congress about expanding
the use of intermediary institutions, such as nonprofits, to
better advertise the program.
(9)(A) Analysis on considerations for Congress in expanding
eligibility of the program for United States citizens who do
not have a high school diploma or its generally recognized
equivalent.
(B) Analysis on considerations for Congress in encouraging
trainees to obtain industry-recognized credentials that help to
provide recognition of a portable skill.
(C) Analysis on considerations for Congress on the effect
and necessity of regulations described in section 5(d).
(D) Recommendations for Congress on encouraging
participation in workforce projects by small businesses.
(10) Analysis on considerations for Congress about how to
effectively engage high school students in a workforce project,
including--
(A) how coursework for a technical high school, or
career and technical education in a high school, could
qualify towards the completion of a workforce project;
and
(B) how time spent in structured on-the-job work or
educational workforce training for a workforce project
could count towards high school graduation.
(11) Recommendations for improvement and reauthorization of
the American workforce program by Congress.
(b) 10-Year Report.--Not later than 10 years after the date of
enactment of this Act, the Secretary shall prepare and submit to
Congress a report containing the information, analysis, and
recommendations described in subsection (a).
(c) Sunset.--The program authorized by section 4 and the position
of the Director shall cease to exist on the earlier of--
(1) the date on which the Director submits the report
described in subsection (b) to Congress; or
(2) the day that is 11 years after the date of enactment of
this Act.
SEC. 7. EXCISE TAX ON CERTAIN LARGE PRIVATE COLLEGE AND UNIVERSITY
ENDOWMENTS.
(a) In General.--Subchapter H of chapter 42 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 4969. EXCISE TAX ON CERTAIN LARGE PRIVATE COLLEGE AND UNIVERSITY
ENDOWMENTS.
``(a) Tax Imposed.--There is hereby imposed on each specified
applicable educational institution for the taxable year a tax equal to
1 percent of the aggregate fair market value of the assets of the
institution at the end of the preceding taxable year.
``(b) Specified Applicable Educational Institution.--For purposes
of this subchapter, the term `specified applicable educational
institution' means any applicable educational institution, other than
an institution which is religious in nature, the aggregate fair market
value of the assets of which at the end of the preceding taxable year
(other than those assets which are used directly in carrying out the
institution's exempt purpose) is at least $2,500,000,000.
``(c) Other Terms.--For purposes of this section--
``(1) Assets.--The rules of section 4968(d) shall apply.
``(2) Student.--The rules of section 4968(b)(2) shall
apply.''.
(b) Clerical Amendment.--The table of sections for subchapter H of
chapter 42 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 4969. Excise tax on certain large private college and university
endowments.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2024.
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