[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4205 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4205
To require the Secretary of Labor to award grants for promoting
industry or sector partnerships to encourage industry growth and
competitiveness and to improve worker training, retention, and
advancement as part of an infrastructure investment.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2024
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 award grants for promoting
industry or sector partnerships to encourage industry growth and
competitiveness and to improve worker training, retention, and
advancement as part of an infrastructure investment.
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 ``Building U.S. Infrastructure by
Leveraging Demands for Skills'' or the ``BUILDS Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to promote industry or sector
partnerships that engage in collaborative planning, resource alignment,
and training efforts across multiple businesses, for a range of workers
employed or potentially employed by infrastructure industries, in order
to encourage industry growth and competitiveness and to improve worker
training, retention, and advancement.
SEC. 3. DEFINITIONS.
In this Act:
(1) Apprenticeship program.--The term ``apprenticeship
program'' means a program of apprenticeship 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.).
(2) Career and technical education; career guidance and
academic counseling.--The terms ``career and technical
education'' and ``career guidance and academic counseling''
have the meanings given such terms in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
(3) Career pathway; economic development agency.--The terms
``career pathway'' and ``economic development agency'' have the
meanings given such terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(4) Eligible partnership.--The term ``eligible
partnership'' means a partnership that is an industry or sector
partnership, or, with respect to an implementation grant, a
partnership that is in the process of establishing an industry
or sector partnership.
(5) Implementation grant.--The term ``implementation
grant'', with respect to a grant under this Act, means a grant
described in section 4(b)(1)(A).
(6) individual with a barrier to employment; industry or
sector partnership; local board; recognized postsecondary
credential.--The terms ``individual with a barrier to
employment'', ``industry or sector partnership'', ``local
board'', and ``recognized postsecondary credential'' have the
meanings given such terms in section 3 of the Workforce
Innovation and Opportunity Act.
(7) Renewal grant.--The term ``renewal grant'', with
respect to a grant under this Act, means a grant described in
section 4(b)(1)(B).
(8) Secondary school.--The term ``secondary school'' has
the meaning given such term in section 3 of the Workforce
Innovation and Opportunity Act.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(10) State; state board.--The terms ``State'' and ``State
board'' have the meanings given such terms in section 3 of such
Act.
(11) Targeted infrastructure industry.--The term ``targeted
infrastructure industry'' means an industry, including
transportation (including surface, transit, maritime, aviation,
or railway transportation), construction, energy, information
technology, or utilities industries, that the eligible
partnership identifies in accordance with section 5(c) to be
served by a grant under this Act.
(12) Work-based learning program.--
(A) In general.--The term ``work-based learning
program'' means a program (which may be an
apprenticeship program) that provides workers with paid
work experience and corresponding approved classroom
instruction, delivered in an employment relationship
that both the employer and worker intend to lead to
continuing employment after the program ends.
(B) Paid work experience.--In subparagraph (A), the
term ``paid work experience'' includes training by an
employer that is provided to a paid employee while
engaged in productive work in a job that provides
knowledge or skills essential to the full and adequate
performance of the job.
SEC. 4. GRANTS AUTHORIZED.
(a) In General.--The Secretary, in consultation with the Secretary
of Transportation, the Secretary of Energy, the Secretary of Commerce,
the Secretary of Education, the Administrator of the Environmental
Protection Agency, and the Chief of Engineers and Commanding General of
the Army Corps of Engineers, shall award, on a competitive basis,
grants to eligible partnerships to plan and implement activities
described in section 6 to achieve the strategic objectives described in
section 5(d) with respect to a targeted infrastructure industry.
(b) Grants.--
(1) Types of grants.--A grant awarded under this Act may be
in the form of--
(A) an implementation grant, for eligible
partnerships seeking an initial grant under this Act;
or
(B) a renewal grant for eligible partnerships that
have already received an implementation grant under
this Act.
(2) Duration.--Each grant awarded under this Act shall be
for a period not to exceed 3 years.
(3) Amount.--The amount of a grant awarded under this Act
may not exceed--
(A) for an implementation grant, $2,500,000; and
(B) for a renewal grant, $1,500,000.
(c) Award Basis.--
(1) Geographic diversity.--The Secretary shall award grants
under this Act in a manner that ensures geographic diversity in
the areas in which activities will be carried out under the
grants.
(2) Priority for renewal grants.--In awarding renewal
grants under this Act, the Secretary shall give priority to
eligible partnerships that--
(A) demonstrate long-term sustainability of an
industry or sector partnership;
(B) demonstrate success in improving access to and
retention in work-based learning programs for
individuals with barriers to employment and those
underrepresented in the infrastructure industry; and
(C) agree to provide a non-Federal share of the
cost of the activities that will be carried out under
the grant.
SEC. 5. APPLICATION PROCESS.
(a) In General.--An eligible partnership desiring a grant under
this Act shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require, including the contents described in subsection (b).
(b) Contents.--An application submitted under this Act shall
contain, at a minimum--
(1) a description of the eligible partnership, evidence of
the eligible partnership's capacity to carry out activities to
achieve the strategic objectives described in subsection (d),
and the expected participation and responsibilities of each of
the partners included in the eligible partnership;
(2) a description of the targeted infrastructure industry
served by the grant and a description of how such industry was
identified in accordance with subsection (c);
(3) a description of the workers that will be targeted or
recruited by the eligible partnership, including an analysis of
the existing labor market, a description of potential barriers
to employment for targeted workers, and a description of
strategies that will be employed to help workers overcome such
barriers;
(4) a description of the federally-, State-, or locally-
funded infrastructure projects on which the eligible
partnership anticipates engaging partners;
(5) a description of the strategic objectives described in
subsection (d) that the eligible partnership intends to achieve
concerning the targeted infrastructure industry;
(6) a description of the credentials that the eligible
partnership proposes to use or develop as a performance measure
to assess the degree to which the eligible partnership has
achieved such strategic objectives, which such credentials--
(A) shall be nationally portable;
(B) shall be recognized postsecondary credentials
or, if not available for the industry, other
credentials determined by the Secretary to be
appropriate;
(C) shall be related to the targeted infrastructure
industry that the eligible partnership proposes to
support; and
(D) may be credentials for an apprenticeship
program;
(7) a description of the manner in which the eligible
partnership intends to make sustainable progress towards
achieving such strategic objectives;
(8) performance measures for measuring progress towards
achieving such strategic objectives;
(9) a description of the Federal and non-Federal resources,
available under provisions of law other than this Act, that
will be leveraged in support of the partnerships and activities
under this Act; and
(10) a timeline for progress towards achieving such
strategic objectives.
(c) Targeted Infrastructure Industry.--Each grant under this Act
shall serve a targeted infrastructure industry that is identified by
the eligible partnership through working with businesses, industry
associations and organizations, labor organizations, State boards,
local boards, economic development agencies, and other organizations
that the eligible partnership determines necessary.
(d) Strategic Objectives.--The activities to be carried out under
each grant awarded under this Act shall be designed to achieve
strategic objectives that include the following:
(1) Recruiting key stakeholders in the targeted
infrastructure industry, such as multiple businesses, labor
organizations, local boards, and education and training
providers (including providers of career and technical
education) and regularly convening the stakeholders in a
collaborative structure that supports the sharing of
information, ideas, and challenges common to the targeted
infrastructure industry.
(2) Supporting the training needs of multiple businesses in
the targeted infrastructure industry, including needs--
(A) for skills critical to competitiveness and
innovation in the industry;
(B) of the apprenticeship programs or other work-
based learning programs supported by the grant; and
(C) related to integrating career pathways.
(3) Facilitating actions that lead to economies of scale by
aggregating training and education needs of multiple
businesses.
(4) Helping postsecondary educational institutions,
training institutions, sponsors of apprenticeship programs, and
all other providers of career and technical education and
training programs receiving assistance under this Act, align
curricula, entrance requirements, and programs to the targeted
infrastructure industry needs and the credentials described in
subsection (b)(6), particularly for higher skill, high-priority
occupations related to the targeted infrastructure industry.
(5) Providing information on the grant activities to the
State agency carrying out the State program under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.), including staff of the
agency that provide services under such Act, to enable the
agency to inform recipients of unemployment compensation of the
employment and training opportunities that may be offered
through the grant activities.
(6) Helping partner businesses in industry or sector
partnerships to attract and retain workers from a diverse
jobseeker base, including individuals with barriers to
employment and those underrepresented in the industry or
sector, by identifying any such barriers through analysis of
the labor market and implementing strategies to help such
workers overcome such barriers.
(7) Expanding the number of individuals with a barrier to
employment who have access to training and education
opportunities that are aligned with business needs and
providing those individuals with supports necessary to address
the barrier to their employment.
SEC. 6. ACTIVITIES.
(a) In General.--An eligible partnership receiving a grant under
this Act shall--
(1) designate an entity in the eligible partnership as the
fiscal agent for the grant funds; and
(2) carry out activities described in subsections (b) (as
applicable), (c), and (d) to achieve the strategic objectives
identified in the eligible partnership's application under
section 5(b)(5), in a manner that integrates services and
funding sources to ensure effectiveness of the activities and
that uses the grant funds efficiently.
(b) Planning Activities.--An eligible partnership receiving an
implementation grant under this Act shall use not more than $250,000 of
the grant funds to carry out planning activities during the first year
of the grant period. Such activities may include--
(1) establishing the industry or sector partnership;
(2) convening key stakeholders as identified in the
application process;
(3) conducting outreach to local businesses and business
associations;
(4) conducting an evaluation of workforce needs in the
local area; or
(5) recruiting individuals with barriers to employment.
(c) Business Engagement.--An eligible partnership receiving a grant
under this Act shall use the grant funds to provide services to engage
businesses in efforts to achieve the strategic objectives identified in
the eligible partnership's application under section 5(b)(5). Such
services may include assisting businesses--
(1) in navigating the registration process for a sponsor of
an apprenticeship program;
(2) by connecting the business with an education provider,
including a provider of career and technical education, to
develop classroom instruction to complement on-the-job
learning;
(3) in developing the curriculum design of a work-based
learning program;
(4) in employing workers participating in a work-based
learning program for a transitional period before a business
hires the worker for full-time employment of not less than 30
hours a week;
(5) in providing training to managers and front-line
workers to serve as trainers or mentors to workers
participating in a work-based learning program;
(6) in providing career awareness activities, such as
career guidance and academic counseling; and
(7) in recruiting, for participation in a work-based
learning program, individuals eligible to receive additional
workforce or human services, including--
(A) individuals participating in programs under the
Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.), and the amendments made by such Act,
including to the Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.);
(B) recipients of assistance through the
supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.);
(C) recipients of assistance through the program of
block grants to States for temporary assistance for
needy families established under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.); or
(D) any other individuals with a barrier to
employment.
(d) Support Services.--An eligible partnership receiving a grant
under this Act shall use the grant funds to provide services to support
the success and retention of individuals described in subsection (c)(7)
who are participating in a work-based learning program for a period of
not less than 12 months. Such services may include the following:
(1) Pre-employment services.--Services, provided in a pre-
employment stage of the program, to expand access to a work-
based learning program for individuals described in subsection
(c)(7). Such services may include--
(A) skills training;
(B) career and technical education or adult basic
education;
(C) initial skills assessments;
(D) providing work attire, necessary tools for a
work site, and other required items necessary to start
employment;
(E) wrap-around services, such as child care and
transportation; and
(F) job placement assistance.
(2) Early employment services.--Services provided to
individuals described in subsection (c)(7) who are
participating in a work-based learning program during their
first 6 months of employment through such program to assure the
individuals succeed in the program. Such services may include--
(A) ongoing case management and support services,
including the services provided in the pre-employment
stage described in paragraph (1);
(B) continued skills training, including career and
technical education conducted in collaboration with
employers of such individuals;
(C) additional mentorship and retention supports
for such individuals;
(D) targeted training for frontline managers,
journey-level workers working with such individuals
(such as mentors), and human resource representatives
within the business where such individuals are placed;
and
(E) wages and benefits for a period of not more
than 6 months, during which the eligible partnership
shall serve as the employer of record of such
individuals.
(3) Employment services.--Services to ensure the
individuals described in paragraph (2) maintain employment in
the work-based learning program for at least 12 months. The
services shall include support necessary to complete the work-
based learning program, such as continuation of mentoring and
support services provided under paragraph (2).
(e) Evaluation and Progress Reports.--
(1) In general.--Not later than 1 year after receiving a
grant under this Act, and annually thereafter, the eligible
partnership receiving the grant shall submit a report to the
Secretary and the Governor of the State that the eligible
partnership serves, that--
(A) describes the activities funded by the grant;
(B) evaluates the progress the eligible partnership
has made towards achieving the strategic objectives
identified under section 5(b)(5); and
(C) evaluates the progress of the eligible
partnership based on each of the indicators of
performance described in paragraph (2)(A), as
disaggregated in accordance with paragraph (2)(C).
(2) Indicators of performance.--
(A) In general.--For purposes of paragraph (1)(C),
the indicators of performance described in this
subparagraph are each of the following:
(i) The percentage of individuals
participating in a work-based learning program
supported by the grant who are in unsubsidized
employment during the second quarter after exit
from participating in such program.
(ii) The percentage of individuals
participating in a work-based learning program
supported by the grant who are in unsubsidized
employment during the fourth quarter after exit
from participating in such program.
(iii) The median earnings of individuals
participating in a work-based learning program
supported by the grant who are in unsubsidized
employment during the second quarter after exit
from participating in such program.
(iv) The percentage of individuals
participating in a work-based learning program
supported by the grant who obtain a recognized
postsecondary credential, or a secondary school
diploma or its recognized equivalent (subject
to subparagraph (B)), during such participation
in such program or within 1 year after exit
from participating in such program.
(v) The percentage of individuals
participating in a work-based learning program
supported by the grant who, during a program
year, are in an education or training program
that leads to a recognized postsecondary
credential or employment and who are achieving
measurable skill gains toward such a credential
or employment.
(B) Indicator relating to credential.--For purposes
of subparagraph (A)(iv), individuals participating in a
work-based learning program supported by the grant who
obtain a secondary school diploma or its recognized
equivalent shall be included in the percentage counted
as meeting the criterion under such subparagraph only
if such individuals, in addition to obtaining such
diploma or its recognized equivalent, have obtained or
retained employment or are in an education or training
program leading to a recognized postsecondary
credential not later than 1 year after exit from the
work-based learning program supported by the grant.
(C) Disaggregation.--The indicators of performance
under paragraph (1)(C) shall be disaggregated by--
(i) each population specified in
subparagraphs (A) through (N) of section 3(24)
of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102(24)); and
(ii) race, ethnicity, sex, and age.
(f) Administrative Costs.--An eligible partnership may use not more
than 5 percent of the funds awarded through a grant under this Act for
administrative expenses in carrying out this section.
SEC. 7. ADMINISTRATION BY THE SECRETARY.
(a) In General.--The Secretary may use not more than 10 percent of
the amount appropriated under section 8 for each fiscal year for
administrative expenses to carry out this Act, including the expenses
of providing the technical assistance and oversight activities under
subsection (b).
(b) Technical Assistance; Oversight.--The Secretary shall provide
technical assistance and oversight to assist the eligible partnerships
in applying for and administering grants awarded under this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
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