[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,