America Works Act

Summary: America Works Act - Amends the Workforce Investment Act of 1998 to require state or local workforce investment systems to use youth activities funds for programs that provide training, which may include priority consideration for training programs that lead to recognized postsecondary credentials aligned with in-demand occupations or industries in the local area involved. Authorizes the operator and employees of a one-stop center, in assisting individuals in selecting programs of training services, to give priority consideration to such programs. Revises eligibility requirements for providers of training services and providers of youth activities for such programs. Requires programs of training services and youth activities programs that lead to a recognized postsecondary credential to meet quality criteria established by the state governor. Amends the Carl D. Perkins Career and Technical Education Act of 2006 and the Trade Act of 1974 to require the same priority consideration in the state and local plans for career and technical education programs as well as in tech prep programs and trade adjustment assistance (TAA) programs.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``America Works Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Recent data show that United States manufacturing 
        companies cannot fill as many as 600,000 skilled positions, 
        even as unemployment numbers hover at historically high levels.
            (2) The unfilled positions are mainly in the skilled 
        production category, and in occupations such as machinist, 
        operator, craft worker, distributor, or technician.
            (3) In less than 20 years, an overall loss of expertise and 
        management skill is expected to result from the gradual 
        departure from the workplace of 77,200,000 workers.
            (4) Postsecondary success and workforce readiness can be 
        achieved through attainment of a recognized postsecondary 
        credential.
            (5) The Bureau of Labor Statistics Occupational Outlook 
        estimates that 746,500 new jobs in computer-related occupations 
        will be generated from 2010 to 2020. This would equate to a 23 
        percent net growth in computer-related occupations.
            (6) Computer-related occupations with the highest projected 
        growth rates include database administrators, software 
        developers, and network and computer systems administrators.
            (7) As of June 2012, there were approximately 301,214 job 
        openings in the information technology sector.
            (8) According to a recent report, 64 percent of managers 
        hiring for information technology jobs rate certifications as 
        having extremely high or high value in validating information 
        technology skills and expertise, and that value is rated 
        highest by senior managers, such as chief information officers, 
        and by medium-size firms.

SEC. 3. INDUSTRY-RECOGNIZED AND NATIONALLY PORTABLE CREDENTIALS FOR JOB 
              TRAINING PROGRAMS.

    (a) Workforce Investment Act of 1998.--
            (1) Youth activities.--Section 129(c)(1)(C) of the 
        Workforce Investment Act of 1998 (29 U.S.C. 2854(c)(1)(C)) is 
        amended--
                    (A) by redesignating clauses (ii) through (iv) as 
                clauses (iii) through (v), respectively; and
                    (B) inserting after clause (i) the following:
                            ``(ii) training (which may include priority 
                        consideration for training programs that lead 
                        to recognized postsecondary credentials (as 
                        defined in section 4 of the America Works Act) 
                        that are aligned with in-demand occupations or 
                        industries in the local area involved, if the 
                        local board determines that the programs meet 
                        the quality criteria described in section 
                        123);''.
            (2) General employment and training activities.--Section 
        134(d)(4)(F) of the Workforce Investment Act of 1998 (29 U.S.C. 
        2864(d)(4)(F)) is amended by adding at the end the following:
                            ``(iv) Programs that lead to an industry-
                        recognized and nationally portable 
                        credential.--In assisting individuals in 
                        selecting programs of training services under 
                        this section, a one-stop operator and employees 
                        of a one-stop center referred to in subsection 
                        (c) may give priority consideration to programs 
                        (approved in conjunction with eligibility 
                        decisions made under section 122) that lead to 
                        recognized postsecondary credentials (as 
                        defined in section 4 of the America Works Act) 
                        that are aligned with in-demand occupations or 
                        industries in the local area involved.''.
            (3) Criteria.--
                    (A) General employment and training activities.--
                Section 122(b)(2)(D) of the Workforce Investment Act of 
                1998 (29 U.S.C. 2842(b)(2)(D)) is amended--
                            (i) in clause (ii), by striking ``and'' at 
                        the end;
                            (ii) in clause (iii), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iv) in the case of a provider of a 
                        program of training services that leads to a 
                        recognized postsecondary credential (as defined 
                        in section 4 of the America Works Act), that 
                        the program leading to the credential meets 
                        such quality criteria as the Governor shall 
                        establish.''.
                    (B) Youth activities.--Section 123 of the Workforce 
                Investment Act of 1998 (29 U.S.C. 2843) by inserting 
                ``(including such quality criteria as the Governor 
                shall establish for a training program that leads to a 
                recognized postsecondary credential (as defined in 
                section 4 of the America Works Act))'' after ``plan''.
    (b) Career and Technical Education.--
            (1) State plan.--Section 122(c)(1)(B) of the Carl D. 
        Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
        2342(c)(1)(B)) is amended--
                    (A) by striking ``(B) how'' and inserting ``(B)(i) 
                how'';
                    (B) by inserting ``and'' after the semicolon; and
                    (C) by adding at the end the following
                    ``(ii) in the case of an eligible entity that, in 
                developing and implementing programs of study leading 
                to recognized postsecondary credentials, desires to 
                give a priority to such programs that are aligned with 
                in-demand occupations or industries in the area served 
                (as determined by the eligible agency) and that may 
                provide a basis for additional credentials, 
                certificates, or degree, how the entity will do so;''.
            (2) Use of local funds.--Section 134(b) of the Carl D. 
        Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
        2354(b)) is amended--
                    (A) in paragraph (11), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (12)(B), by striking the period 
                and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(13) describe the career and technical education 
        activities supporting the attainment of recognized 
        postsecondary credentials (as defined in section 4 of the 
        America Works Act), and, in the case of an eligible recipient 
        that desires to provide priority consideration to certain 
        programs of study in accordance with the State plan under 
        section 122(c)(1)(B), how the eligible recipient will give 
        priority consideration to such activities.''.
            (3) Tech-prep programs.--Section 203(c)(2)(E) of the Carl 
        D. Perkins Career and Technical Education Act of 2006 (20 
        U.S.C. 2373(c)(2)(E)) is amended by striking ``industry-
        recognized credential, a certificate,'' and inserting 
        ``recognized postsecondary credential (as defined in section 4 
        of the America Works Act and approved by the eligible 
        agency),''.
    (c) Training Programs Under TAA.--Section 236(a) of the Trade Act 
of 1974 (19 U.S.C. 2296(a)) is amended by adding at the end the 
following:
    ``(12) In approving training programs for adversely affected 
workers and adversely affected incumbent workers under paragraph (1), 
the Secretary may give priority consideration to workers seeking 
training through programs that are approved in conjunction with 
eligibility decisions made under section 122 of the Workforce 
Investment Act of 1998 (29 U.S.C. 2842), and that lead to recognized 
postsecondary credentials (as defined in section 4 of the America Works 
Act) that are aligned with in-demand occupations or industries in the 
local area (defined for purposes of title I of the Workforce Investment 
Act of 1998 (29 U.S.C. 2801 et seq.)) involved.''.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Industry-recognized.--The term ``industry-recognized'', 
        used with respect to a credential, means a credential that--
                    (A) is sought or accepted by employers within the 
                industry sector involved as recognized, preferred, or 
                required for recruitment, screening, hiring, or 
                advancement;
                    (B) is endorsed by a recognized trade or 
                professional association or organization, representing 
                a significant part of the industry sector; and
                    (C) is a nationally portable credential, meaning a 
                credential that is sought or accepted, across multiple 
                States, as described in subparagraph (A).
            (2) Recognized postsecondary credential.--The term 
        ``recognized postsecondary credential'' means a credential 
        consisting of an industry-recognized credential for 
        postsecondary training, a certificate that meets the 
        requirements of subparagraphs (A) and (C) of paragraph (1) for 
        postsecondary training, a certificate of completion of a 
        postsecondary apprenticeship through a program described in 
        section 122(a)(2)(B) of the Workforce Investment Act of 1998 
        (29 U.S.C. 2842(a)(2)(B)), or an associate degree or 
        baccalaureate degree awarded by an institution of higher 
        education (as defined in section 102(a) of the Higher Education 
        Act of 1965 (20 U.S.C. 1002(a))).

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to require an entity with 
responsibility for selecting or approving an education, training, or 
workforce investment activities program with regard to a covered 
provision, to select a program with a recognized postsecondary 
credential or certificate as defined by this Act.

SEC. 6. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, take effect 120 days 
after the date of enactment of this Act.