[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3226 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3226
To require the Secretary of Labor to establish an offshore wind career
training grant program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 2, 2023
Mr. Markey (for himself, Mr. Van Hollen, Mr. Whitehouse, Mr. Cardin,
and Mr. Kaine) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require the Secretary of Labor to establish an offshore wind career
training grant program, 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 ``Offshore Wind Jobs and Opportunity
Act''.
SEC. 2. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(B) the Committee on Energy and Natural Resources
of the Senate;
(C) the Committee on Education and the Workforce of
the House of Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(2) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
section 312 of the Higher Education Act of 1965 (20 U.S.C.
1058).
(3) Dislocated worker.--The term ``dislocated worker'' has
the meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(4) Eligible entity.--The term ``eligible entity'' means an
entity that is--
(A) an institution of higher education;
(B) a labor organization;
(C) a maritime center of excellence; or
(D) a nonprofit organization the primary mission of
which is to provide education and training to meet the
needs of maritime professionals and the United States
maritime industry.
(5) Grant program.--The term ``grant program'' means the
grant program established under subsection (d).
(6) Grantee.--The term ``grantee'' means an eligible entity
that has received a grant under this section.
(7) Individual with a barrier to employment.--The term
``individual with a barrier to employment'' has the meaning
given the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(8) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(9) Lead applicant.--The term ``lead applicant'' means the
eligible entity that is primarily responsible for the
preparation, conduct, and administration of the project for
which a grant is awarded under this section.
(10) Maritime center of excellence.--The term ``maritime
center of excellence'' means a center of excellence for
domestic maritime workforce training and education designated
by the Secretary of Transportation under section 51706(a) of
title 46, United States Code.
(11) Qualified intermediary.--The term ``qualified
intermediary'' has the meaning given the term in section 3 of
the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2302).
(12) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' has the meaning given
the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(13) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an apprenticeship
program registered 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.).
(14) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(15) United states maritime industry.--The term ``United
States maritime industry'' means--
(A) all segments of the maritime-related
transportation system of the United States, including
in--
(i) domestic trade;
(ii) foreign trade; and
(iii) coastal, offshore, and inland waters;
(B) non-commercial maritime activities, such as
pleasure boating and marine sciences (including all
scientific research vessels); and
(C) all industries that support offshore wind
development, including vessel construction and repair,
vessel operations, ship logistics supply, berthing,
port operations, port intermodal operations, marine
terminal operations, vessel design, marine brokerage,
marine insurance, marine financing, chartering,
maritime-oriented supply chain operations, and
maritime-oriented research and development.
(16) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
(b) Identification of Educational and Career Training Needs.--Not
later than 120 days after the date of enactment of this Act, the
Secretary, in consultation with the Secretary of Energy,
representatives from the offshore wind industry, the United States
maritime industry, eligible entities, including eligible entities that
are community colleges and labor organizations, State and local
governments, ports, and nonprofit organizations, shall identify
educational and career training needs with respect to the offshore wind
industry, including needs relating to manufacturing, construction,
installation, operation, vessels, engineering training and education,
and maintenance activities.
(c) Guidelines.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall--
(1) issue guidelines for the submission of grant proposals
under this section, which shall include a list of the
educational and career training needs identified under
subsection (b); and
(2) publish and maintain the guidelines described in
paragraph (1) on a public website of the Secretary.
(d) Establishment of Grant Program.--Not later than 1 year after
the date of enactment of this Act and in consultation with the
Secretary of Energy, the Secretary shall establish a grant program
under which the Secretary may award offshore wind career training
grants to eligible entities for the purpose of developing, offering, or
improving educational or career training programs that provide
individuals who are enrolled in those programs with skills that are
necessary for employment in the offshore wind industry or the United
States maritime industry.
(e) Allocation of Grants.--
(1) Limitation on grant quantity and size.--In carrying out
this section, the Secretary may not award to an eligible
entity--
(A) more than 1 grant for which the eligible entity
is the lead applicant; or
(B) a grant that is in an amount that is more than
$2,500,000.
(2) Allocation to entities with registered apprenticeship
programs.--The Secretary shall ensure that, in a fiscal year,
not less than 25 percent of the total amount that the Secretary
awards in grants under this section is awarded to eligible
entities that sponsor registered apprenticeship programs.
(3) Allocation of construction and maintenance grants.--To
the maximum extent practicable, the Secretary shall ensure that
grants relating to construction and maintenance career training
are reserved for--
(A) eligible entities that sponsor a registered
apprenticeship program or offer a pre-apprenticeship
program that facilitates entry into a registered
apprenticeship program; and
(B) eligible entities that are participating in a
joint labor-management partnership.
(f) Partnerships.--An eligible entity seeking to receive a grant
under this section may partner with 1 or more of the following:
(1) Another eligible entity, including an eligible entity
that is--
(A) a community college; or
(B) participating in a joint labor-management
partnership.
(2) A State or local government agency responsible for
education, workforce development, or offshore wind energy
activities.
(3) A nonprofit organization.
(4) A provider who is an eligible provider of training
services under section 122 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152).
(g) Use of Grant.--An eligible entity may use a grant awarded under
this section to carry out--
(1) occupational skills training, including curriculum and
career pathway development, on-the-job training, safety and
health training, and classroom training;
(2) incumbent worker and career ladder training and
retraining, including skill upgrading and transitional job
strategizing;
(3) individual referral and tuition assistance for a
training program through which an individual may attain a
recognized postsecondary credential;
(4) customized training in conjunction with an existing
registered apprenticeship program or pre-apprenticeship
program, paid internship, or joint labor-management
partnership; and
(5) other activities that the Secretary, in consultation
with the Secretary of Energy, determines meet the purposes of
this section.
(h) Submission Procedure for Grant Proposals.--An eligible entity
seeking to receive a grant under this section shall submit a grant
proposal to the Secretary at such time, in such manner, and, in
accordance with the guidelines issued under subsection (c)(1),
containing such information as the Secretary may require.
(i) Criteria for Award of Grants.--
(1) In general.--Subject to the availability of
appropriations, the Secretary may award a grant under this
section only after an evaluation of--
(A) the merits of the grant proposal with respect
to the grant;
(B) the employment opportunities or projected
employment opportunities, including the projected
wages, benefits, future skill and career advancement
opportunities, job security, and working conditions
available to individuals who complete the educational
or career training program that the eligible entity
applying for the grant proposes to develop, offer, or
improve;
(C) the recruitment practices of the educational or
career training program that the eligible entity
applying for the grant proposes to develop, offer, or
improve to ensure such practices are free from
discrimination and that unnecessary educational,
credential, or experience requirements are minimized;
(D) the availability and capacity of existing
educational or career training programs in the
community served by the eligible entity applying for
the grant to meet future demand for the educational or
career training programs; and
(E) the employment opportunities or projected
employment opportunities for members of groups that
have been historically underserved in the engineering
and construction of energy facilities or the
engineering and manufacture of energy facility
components.
(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that--
(A) are--
(i) institutions of higher education that
have formed partnerships with labor
organizations;
(ii) labor organizations that have formed
partnerships with institutions of higher
education;
(iii) nonprofit organizations described in
subsection (a)(4)(D) that primarily serve
members of a maritime labor organization; or
(iv) labor organizations that support,
sponsor, partner with, or are otherwise
affiliated with a nonprofit organization
described in that subsection;
(B) have entered into a memorandum of understanding
with 1 or more employers in the offshore wind industry
or the United States maritime industry to partner on
the establishment or expansion of the educational or
career offshore wind training program that the eligible
entity applying for the grant proposes to develop,
offer, or improve; or
(C) will use the grant funds to assist individuals
who are--
(i) dislocated workers or mariners, with a
focus on workers or mariners displaced from the
offshore oil and gas, onshore fossil fuel,
nuclear energy, or fishing industry;
(ii) veterans, members of the reserve
components of the Armed Forces, or former
members of those reserve components; or
(iii) individuals with a barrier to
employment.
(j) Matching Requirements.--A grant awarded under this section may
not be used to satisfy any non-Federal funds matching requirement under
any other provision of law.
(k) Grantee Data Collection.--
(1) In general.--A grantee shall collect and report to the
Secretary on an annual basis the following information
regarding the educational or career training program for which
the grantee receives a grant under this section:
(A) The number of participants enrolled in the
educational or career training program (referred to in
this subsection as ``participants'').
(B) The number of participants that completed the
educational or career training program during the
previous 1-year period.
(C) The services received in the educational or
career training program by the participants, including
a description of training, educational, and supportive
services.
(D) The amount of grant funds expended by the
grantee per participant.
(E) The rate of job placement of participants in
the offshore wind industry, the United States maritime
industry, or related fields that have completed the
educational or career training program.
(F) The rate at which participants are retained in
positions of employment 1 year after the date on which
the participant has completed the program.
(G) The percentage of participants enrolled in the
educational or career training program who obtain a
recognized postsecondary credential or a secondary
school diploma or its recognized equivalent not later
than 1 year after exiting the program.
(H) The wage amount of participants 1 year after
program completion.
(2) Disaggregation of data.--The data collected and
reported under this subsection shall be disaggregated by--
(A) each population specified in subparagraphs (A)
through (M) of section 3(24) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(24));
(B) race;
(C) ethnicity;
(D) sex; and
(E) age.
(3) Data collection assistance.--The Secretary shall assist
grantees in the collection of data under this subsection--
(A) by making available, in coordination with the
Secretary of Energy and where practicable, low-cost
means of tracking the labor market outcomes of
participants; and
(B) by providing standardized reporting forms,
where appropriate.
(l) Technical and Oversight Assistance.--The Secretary shall
provide technical assistance and oversight--
(1) to assist eligible entities in applying for grants
under this section; and
(2) to assist grantees in administering grants received
under this section.
(m) Reporting Requirements.--
(1) Initial report.--Not later than 18 months after the
date on which the grant program is established, the Secretary
shall submit to the appropriate committees of Congress an
initial report describing the results of the grant program,
including a description of--
(A) the grantees that were awarded a grant under
this section; and
(B) the activities for which the grantees described
in subparagraph (A) used a grant awarded under this
section.
(2) Additional reports.--Not later than 2 years after the
date on which the initial report is submitted under paragraph
(1), and every 2 years thereafter, the Secretary shall submit
to the appropriate committees of Congress a report describing
the results of the grant program for the 2-year period
preceding the report.
(n) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $25,000,000 for each of fiscal years
2024 through 2028.
(2) Administrative expenses.--The Secretary may use not
more than 4 percent of the amount appropriated under paragraph
(1) for each fiscal year for administrative expenses, including
expenses relating to providing technical assistance and
oversight activities under subsection (l).
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