II 

116TH CONGRESS 

2D SESSION S. 5068 

To direct the Secretary of Labor to award formula and competitive grants 

for layoff aversion activities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 18, 2020 

Ms. KLOBUCHAR introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To direct the Secretary of Labor to award formula and 

competitive grants for layoff aversion activities, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Economic 

5 and Workforce System Resiliency Act’’. 

6 SEC. 2. DEFINITIONS. 

7 (a) IN GENERAL.—Except as otherwise provided, the 

8 terms used in this Act have the meanings given the terms 

9 in section 3 of the Workforce Innovation and Opportunity 

10 Act (29 U.S.C. 3102). 


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1 (b) ADDITIONAL DEFINITIONS.—In this Act: 

2 (1) EMPLOYEE OWNERSHIP TRUST.—The term 

3 ‘‘employee ownership trust’’ means an indirect form 

4 of employee ownership in which a trust holds a con5 trolling stake in a business on behalf of all its em6 ployees and provides an incentive for owners to sell 

7 a controlling stake in their business. 

8 (2) EMPLOYEE STOCK OWNERSHIP PLAN.—The 

9 term ‘‘employee stock ownership plan’’ has the 

10 meaning given the term in section 4975(e) of the In11 ternal Revenue Code of 1986. 

12 (3) REGISTERED APPRENTICESHIP.—The term 

13 ‘‘registered apprenticeship’’ means an apprenticeship 

14 registered under the Act of August 16, 1937 (com15 monly known as the ‘‘National Apprenticeship Act’’; 

16 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). 

17 (4) SECRETARY.—Except as otherwise provided, 

18 the term ‘‘Secretary’’ means the Secretary of Labor. 

19 (5) WORKER COOPERATIVE.—The term ‘‘work20 er cooperative’’ means a values-driven business— 

21 (A) that puts worker and community ben22 efit at the core of its purpose; and 

23 (B) in which— 

24 (i) workers own the business and par25 ticipate in its financial success on the basis 


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1 of their labor contribution to the coopera2 tive; and 

3 (ii) workers have representation on 

4 and vote for the board of directors, adher5 ing to the principle of one worker, one 

6 vote. 

7 TITLE I—SUPPLEMENTAL FOR8 MULA GRANTS FOR EMER9 GENCY LAYOFF AVERSION 

10 AND WORKFORCE TRAINING 

11 ACTIVITIES 

12 SEC. 101. FORMULA GRANTS. 

13 (a) IN GENERAL.—Not later than 1 year after the 

14 date of the enactment of this Act, the Secretary shall 

15 award 5-year grants in accordance with subsection (b), to 

16 States to support efforts to— 

17 (1) reduce and prevent unemployment; and 

18 (2) limit the impact of disruptions (including 

19 economic-related, pandemic-related, automation-re20 lated, and trade-related disruptions and transitions 

21 due to business owner retirement) on labor markets. 

22 (b) STATE ALLOTMENTS.— 

23 (1) IN GENERAL.—From the amount appro24 priated under section 105, the Secretary shall— 


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(A) reserve not more than 1 1 ⁄4 of 1 percent 

2 of such amount to provide assistance to the out3 lying areas to carry out the activities described 

4 in section 103; and 

5 (B) make allotments to the States, for 

6 grants described in subsection (a), based on the 

7 formula in paragraph (2) to— 

8 (i) make allocations under subsection 

9 (c); and 

10 (ii) carry out the State activities de11 scribed in subsection (d). 

12 (2) ALLOTMENT FORMULA.—The Secretary 

13 shall make an allotment in accordance with the for14 mula in section 132(b)(1)(B)(ii) of the Workforce 

15 Innovation and Opportunity Act (29 U.S.C. 

16 3172(b)(1)(B)(ii)), to each State that submits and 

17 obtains approval of a State plan under section 102. 

18 (c) WITHIN STATE ALLOCATIONS.— 

19 (1) IN GENERAL.—Subject to paragraph (2), 

20 the Governor of a State shall use a portion of not 

21 less than 60 percent of the allotment funds received 

22 under subsection (b)(2) to allocate funds to each 

23 local area in the State in accordance with section 

24 133(b)(2)(A)(i) of the Workforce Innovation and 

25 Opportunity Act (29 U.S.C. 3173(b)(2)(A)(i)) to 


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1 carry out the activities under section 103, in accord2 ance with the State plan under section 102 and in 

3 consultation with the State board. 

4 (2) ADMINISTRATIVE FUNDS.—The Governor of 

5 a State may use not more than 10 percent of the 

6 portion described in paragraph (1) for administra7 tive costs related to administering local activities de8 scribed in paragraph (1). 

9 (d) STATE ACTIVITIES.— 

10 (1) IN GENERAL.—Subject to paragraph (2), 

11 the Governor of a State shall use the remaining 

12 amount of the allotment funds received under sub13 section (b)(2) not allocated under subsection (c) to 

14 carry out the activities under section 103 in accord15 ance with the State plan under section 102 and in 

16 consultation with the State board. 

17 (2) ADMINISTRATIVE FUNDS.—The Governor of 

18 a State may use not more than 10 percent of the re19 maining amount described in paragraph (1) for ad20 ministrative costs related to carrying out State ac21 tivities described in paragraph (1). 

22 SEC. 102. STATE APPLICATIONS. 

23 (a) IN GENERAL.— 

24 (1) APPLICATION BY STATE.—To be eligible to 

25 receive a grant under section 101, a State shall subVerDate Sep 11 2014 02:12 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5068.IS S5068

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1 mit a State Workforce Economic Recovery plan (in 

2 this Act referred to as a ‘‘State plan’’), developed by 

3 or in consultation with the State board and approved 

4 by the Governor, to the Secretary at such time and 

5 in such manner as the Secretary may reasonably re6 quire, and containing the information described in 

7 subsection (b). 

8 (2) RESPONSE BY SECRETARY.—Upon receipt 

9 of a State plan, the Secretary shall— 

10 (A) approve the State plan; or 

11 (B) provide the State— 

12 (i) with an explanation as to how the 

13 State plan does not meet the goals and re14 quirements of the grant program under 

15 this title; and 

16 (ii) with an opportunity to submit an 

17 updated State plan or to appeal the deci18 sion of the Secretary. 

19 (3) STATE PLAN UPDATES.— 

20 (A) REQUIRED STATE PLAN UPDATES.— 

21 Not later than 2 years after the date a State 

22 receives a grant under section 101, a State 

23 shall— 

24 (i) update the State plan to reflect 

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1 nomic conditions affecting the implementa2 tion of the activities funded under the 

3 grant; and 

4 (ii) submit to the Secretary such up5 dated State plan. 

6 (B) AUTHORIZED STATE PLAN UP7 DATES.—In addition to the updated State plan 

8 required in subparagraph (A), a State may sub9 mit to the Secretary an updated State plan at 

10 any point during the grant period. 

11 (b) CONTENTS.—A State plan shall include each of 

12 the following: 

13 (1) A description of how the State plan is 

14 aligned with, enhances, expands, or fills service gaps 

15 into the plan submitted by the State under section 

16 102 or 103 of the Workforce Innovation and Oppor17 tunity Act (29 U.S.C. 3112, 3113). 

18 (2) A State strategic vision, including— 

19 (A) a summary of the goals of the State— 

20 (i) for preparing an educated and 

21 skilled workforce for meeting the skilled 

22 workforce needs of employers (particularly 

23 in existing and emerging in-demand indus24 try sectors and occupations), including in25 formation— 


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1 (I) identifying median income for 

2 in-demand sectors and occupations in 

3 the State; and 

4 (II) on how the State will work 

5 to ensure worker access to jobs and 

6 industries with higher median wages, 

7 opportunities for workers to share in 

8 the ownership or profits of their com9 panies, and high-quality work environ10 ments; 

11 (ii) for ensuring equitable access to 

12 high-quality jobs for all segments of the 

13 population of the State, including a plan 

14 for promoting quality career pathways that 

15 lead to high-quality jobs for dislocated 

16 workers or incumbent workers; and 

17 (iii) for offering retiring business own18 ers or business owners planning to close 

19 their businesses, opportunities to plan that 

20 transition in order to ensure the continuity 

21 of high-quality jobs in the local economy; 

22 and 

23 (B) the primary strategies that will be 

24 used to achieve the State strategic vision and 

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1 posed service delivery infrastructure for achiev2 ing such goals, and the timeline for achieving 

3 such goals. 

4 (3) A description of the problems the proposed 

5 activities under section 103 aim to solve, and the 

6 reason for prioritizing selected problems. 

7 (4) A description of how the State will align 

8 those activities with, and leverage funds from, the 

9 workforce development system and higher education 

10 system of the State, public assistance programs of 

11 the State, and the economic recovery efforts at the 

12 State and local levels. 

13 (5) A description of how the State will collabo14 rate with other relevant State and local government 

15 entities, nonprofit entities, and other relevant groups 

16 identified by the State to carry out activities under 

17 section 103, including the roles and responsibilities 

18 of each entity that will participate in the develop19 ment, implementation, evaluation, or oversight of 

20 each component of the State plan. 

21 (6) An employer engagement strategy that de22 scribes how employers will be targeted and recruited 

23 to participate, and any expectations for employer 

24 participation, such as cash or in-kind contributions, 

25 wage release time for employees, provision of on-site 


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1 child care or financial support for child care, em2 ployee participation incentives, work-based learning 

3 opportunities, or loaned instructors. 

4 (7) A description of the data sources (commer5 cial or public) the State will use to identify growing, 

6 stable, and declining— 

7 (A) businesses; and 

8 (B) industry sectors or occupations. 

9 (8) A description of how the State will prioritize 

10 individuals with barriers to employment, underrep11 resented individuals, youth, immigrants, formerly in12 carcerated adults, and individuals experiencing pan13 demic-related job displacement. 

14 (9) A description— 

15 (A) of how the State will prioritize access 

16 to high-quality jobs by establishing the stand17 ards of job quality that an employer is required 

18 to meet as a condition of receiving funds under 

19 this title, which— 

20 (i) include a defined livable wage for 

21 the State or by subregion of the State; and 

22 (ii) if the minimum standards estab23 lished by the Interagency Task Force 

24 under section 401 have been established, 


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1 are consistent with such minimum stand2 ards; and 

3 (B) of such standards. 

4 (10) Any other required information as deter5 mined by the Secretary. 

6 SEC. 103. USES OF FUNDS. 

7 (a) APPROVED ACTIVITIES.—Subject to the limita8 tions in subsection (b), a State may use, or ensure that 

9 a local area uses, the funds awarded under this title for 

10 any of the following activities: 

11 (1) Training and education opportunities. 

12 (2) Adult education. 

13 (3) Incumbent worker training. 

14 (4) Dislocated worker training. 

15 (5) On-the-job training. 

16 (6) Job search assistance. 

17 (7) Layoff aversion, in advance of the notice re18 quired under the Worker Adjustment and Retraining 

19 Notification Act (29 U.S.C. 2101 et seq.), which 

20 may include assisting employers with product diver21 sification, market expansion, and improving produc22 tivity. 

23 (8) Helping individuals who need assistance 

24 with starting up, scaling up, or maintaining their 

25 businesses, through entrepreneurial development and 


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1 coaching, which may include the provision of loans 

2 through local boards of up to $8,000 to help with 

3 starting up a new business or maintaining a busi4 ness in financial distress. 

5 (9) Developing career pathway opportunities 

6 (including through industry or sector partnerships) 

7 to in-demand, high-quality jobs in coordination with 

8 employers, community-based organizations, and 

9 State higher education systems, and the State reg10 istered apprenticeship agency. 

11 (10) Related instruction for a pre-apprentice12 ship, a registered apprenticeship, or other work13 based training in a career pathway. 

14 (11) Funding existing or establishing new State 

15 or nonprofit employee ownership resource centers 

16 that offer education and technical assistance to re17 tiring business owners, new entrepreneurs, or worker 

18 groups for the purpose of using broad-based em19 ployee share ownership through of employee stock 

20 ownership plans, worker cooperatives, or employee 

21 ownership trusts, to allow worker groups to buy out 

22 retiring business owners. 

23 (12) Providing capital for revolving loan funds 

24 managed by State or nonprofit entities that offer 

25 loans to— 


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1 (A) allow worker groups to buy out retir2 ing business owners; 

3 (B) worker groups or entrepreneurs look4 ing to save a declining business through em5 ployee-ownership; or 

6 (C) workers using broad-based employee 

7 share ownership through of employee stock 

8 ownership plans, worker cooperatives, or em9 ployee ownership trusts. 

10 (b) LIMITATIONS.—No State or local area may use 

11 funds awarded under this title to— 

12 (1) recruit businesses, employees, or customers 

13 from another State; 

14 (2) assist employers whose jobs do not meet the 

15 standards of job quality under section 102(b)(9); or 

16 (3) assist proprietary institutions of higher edu17 cation (as defined in section 102(b) of the Higher 

18 Education Act of 1965 (20 U.S.C. 1002(b))). 

19 SEC. 104. REPORTING REQUIREMENTS AND NATIONAL RE20 POSITORY. 

21 (a) REPORTING REQUIREMENTS.— 

22 (1) STATES.—Each State that receives a grant 

23 under this title shall submit to the Secretary an an24 nual report that, to the extent practicable, integrates 

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1 tion and Opportunity Act (29 U.S.C. 3101 et seq.) 

2 and includes— 

3 (A) an evaluation— 

4 (i) of the performance of the activities 

5 carried out by the State under the grant— 

6 (I) with respect to meeting the 

7 goals of the State plan; and 

8 (II) with respect to the indicators 

9 of performance under section 

10 116(b)(2)(A) of the Workforce Inno11 vation and Opportunity Act (29 

12 U.S.C. 3141(b)(2)(A)); and 

13 (ii) if the satisfaction measurement 

14 framework as determined by the Inter15 agency Task Force under section 401 has 

16 been established, of the satisfaction of each 

17 employer receiving assistance under this 

18 title on the basis of such satisfaction meas19 urement framework; and 

20 (B) information on whether an employer 

21 that received assistance under the grant pro22 vided health benefits, paid sick leave, and paid 

23 family and medical leave to employees. 

24 (2) SECRETARY.—The Secretary shall submit a 

25 report to Congress on an annual basis containing a 


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1 summary of the reports received under paragraph 

2 (1), including information on promising emerging 

3 practices with respect to layoff aversion and job cre4 ation. 

5 (b) NATIONAL REPOSITORY.—The Secretary shall, 

6 jointly with the Interagency Task Force established under 

7 title IV, establish on a publicly accessible website, a na8 tional repository— 

9 (1) of data-driven, promising emerging prac10 tices with respect to layoff aversion and job creation 

11 based on the evaluations described in subsection 

12 (a)(1); and 

13 (2) of recommendations for replicating and 

14 scaling up such practices. 

15 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

16 There is authorized to be appropriated to carry out 

17 this title $250,000,000 for fiscal year 2021 and each of 

18 the 4 succeeding fiscal years. 

19 TITLE II—COMPETITIVE GRANTS 

20 FOR INNOVATIVE LAYOFF 

21 AVERSION MODELS 

22 SEC. 201. COMPETITIVE GRANTS. 

23 (a) GRANTS AUTHORIZED.— 

24 (1) IN GENERAL.—The Secretary shall award 

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1 tation grants under subsection (c), on a competitive 

2 basis and in accordance with paragraph (2), to 

3 States for innovative layoff aversion models. 

4 (2) GRANT CYCLES.— 

5 (A) IN GENERAL.—In awarding grants 

6 under this title, the Secretary shall award— 

7 (i) a first cycle of grants that shall in8 clude— 

9 (I) planning grants under sub10 section (b), that shall be used during 

11 the 18-month period beginning on the 

12 date on which the grant is awarded; 

13 and 

14 (II) implementation grants under 

15 subsection (c), that shall be used dur16 ing the 5-year period beginning on the 

17 date on which the grant is awarded; 

18 and 

19 (ii) a second cycle of grants that shall 

20 be new implementation grants under sub21 section (c)— 

22 (I) to States that used planning 

23 grants in accordance with subpara24 graph (A)(i)(I); and 


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1 (II) that shall be used during the 

2 3.5-year period beginning on the date 

3 on which the grant is awarded. 

4 (B) AMOUNT AVAILABLE FOR GRANT CY5 CLES.—From the amount appropriated under 

6 subsection (e), the Secretary shall allocate— 

7 (i) not more than 70 percent to be 

8 used to award the first round of grants 

9 under subparagraph (A)(i); and 

10 (ii) any remaining funds to be used to 

11 award the second round of grants under 

12 subparagraph (A)(ii). 

13 (b) PLANNING GRANTS.— 

14 (1) APPLICATIONS.— 

15 (A) IN GENERAL.—To receive a planning 

16 grant under this title, a State shall submit an 

17 application to the Secretary, at such time and 

18 in such manner as the Secretary may require, 

19 and containing the information described in 

20 subparagraph (B). 

21 (B) CONTENTS.—Each application shall 

22 include each of the following: 

23 (i) A description of the need for a 

24 planning grant, and whether the State 


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1 plans to submit an application for an im2 plementation grant. 

3 (ii) A description of the planning ac4 tivities the State will carry out with a plan5 ning grant. 

6 (iii) A description of each entity with 

7 which the State will coordinate to carry 

8 out such activities. 

9 (iv) A description of the commercial 

10 or public data sources that the State plans 

11 to use to— 

12 (I) investigate declining, stag13 nant, and in-demand industry sectors 

14 or occupations and employers in the 

15 State; 

16 (II) determine the needs of un17 derserved and underrepresented popu18 lations to obtain and retain high-qual19 ity jobs; and 

20 (III) identify strategies and ap21 proaches to job creation and layoff 

22 aversion. 

23 (v) A list of individuals and organiza24 tions, including roles and responsibilities, 


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1 of each member of the State grantee advi2 sory council established under title III. 

3 (vi) A description of potential State 

4 administrative policies or other conditions 

5 that may support or impede implementa6 tion of new approaches to job creation and 

7 layoff aversion. 

8 (2) GRANT AMOUNT.—A planning grant award9 ed under this title may be made in an amount that 

10 is not less than $75,000, and not more than 

11 $350,000. 

12 (3) USES OF FUNDS.—For a period that is not 

13 greater than 18 months after the date of receipt of 

14 a planning grant under this subsection, a State re15 ceiving a planning grant shall use such grant to 

16 carry out at least one of the following purposes: 

17 (A) To research, develop a proof of con18 cept, or pilot layoff aversion and job creation 

19 strategies prior to submission of an implemen20 tation grant application under subsection (c), if 

21 the State plans to apply for such a grant. 

22 (B) To help support the modification or re23 moval of State administrative policy barriers to 

24 implementation of job creation and layoff aver25 sion interventions. 


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1 (c) IMPLEMENTATION GRANTS.— 

2 (1) APPLICATION PROCESS.— 

3 (A) IN GENERAL.—To receive an imple4 mentation grant under this title, a State shall 

5 submit an application to the Secretary at such 

6 time and in such manner as the Secretary may 

7 require, and containing the information de8 scribed in subparagraph (B). 

9 (B) CONTENTS.—Subject to subparagraph 

10 (C), each application shall include each of the 

11 following: 

12 (i) A description of the layoff aversion 

13 interventions that will be carried out in14 cluding not less than one layoff aversion 

15 intervention aimed at a particular industry 

16 sector or occupation or segment of the 

17 workforce, or that is workforce develop18 ment system-wide, and the plan for deploy19 ing such interventions. 

20 (ii) A description of the projected per21 formance goals for such interventions, and 

22 a timeline for achieving such goals. 

23 (iii) An analysis of the need for the 

24 grant, the particular problems that will be 

25 addressed through such interventions, and 


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1 the reasons for prioritizing such interven2 tions. 

3 (iv) A description of efforts already 

4 underway in the State that have been pre5 viously implemented to create jobs or avert 

6 layoffs, and a description of the successful 

7 elements and lessons learned that have in8 formed each type of intervention that will 

9 be funded under the grant. 

10 (v) An identification of the State 

11 agency for fiscal and contract administra12 tion, and description of the management 

13 capacity of such agency. 

14 (vi) A description of how the State 

15 will collaborate with partners that consist 

16 of relevant State and local government 

17 agencies, nonprofit entities, business and 

18 employer partners, and any other groups 

19 determined relevant by the State, which 

20 may include— 

21 (I) small business development 

22 entities; 

23 (II) economic development enti24 ties; 

25 (III) job training entities; 


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1 (IV) unemployment compensation 

2 entities; 

3 (V) institutions of higher edu4 cation (including 2-year public institu5 tions of higher education); 

6 (VI) labor unions; 

7 (VII) business associations; 

8 (VIII) community-based organi9 zations; and 

10 (IX) American Job Centers es11 tablished under section 121 of the 

12 Workforce Innovation and Oppor13 tunity Act (29 U.S.C. 3151) and one14 stop centers. 

15 (vii) A description of the roles and re16 sponsibilities of each partner described in 

17 clause (vi). 

18 (viii) A description of how the State 

19 will leverage State, local, and private re20 sources from partnering entities, including 

21 the partners described in clause (vi). 

22 (ix) A description of how the State 

23 will identify and prioritize employers or in24 dustry sectors with the most significant 


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1 risks for decline, and individual workers at 

2 risk of layoffs. 

3 (x) A list of in-demand industry sec4 tors or occupations that will be the target 

5 of the interventions, the corresponding rec6 ognized postsecondary credentials nec7 essary for workers to obtain jobs in such 

8 sectors or occupations, and a description of 

9 how underrepresented populations and in10 dividuals with education and employment 

11 barriers will be supported to succeed in 

12 such sectors or occupations. 

13 (xi) A description of the recognized 

14 postsecondary credentials necessary for 

15 workers to obtain in-demand high-quality 

16 jobs within targeted sectors or occupations, 

17 the corresponding education and training 

18 resources currently available to be lever19 aged, new corresponding education and 

20 training resources that must be developed, 

21 the quality of the education and training to 

22 be offered that leads to each recognized 

23 postsecondary credential, and the role of 

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1 priate and adequate pipeline of workers 

2 with those credentials. 

3 (xii) A list of individuals and organi4 zations, including roles and responsibilities, 

5 of each member of the State advisory 

6 council established under title III. 

7 (xiii) A description— 

8 (I) of how the State will 

9 prioritize access to high-quality jobs 

10 by establishing the standards of job 

11 quality that an employer is required 

12 to meet as a condition of receiving 

13 funds under this title, which, if the 

14 minimum standards established by the 

15 Interagency Task Force under section 

16 401 have been established, are con17 sistent with such minimum standards; 

18 and 

19 (II) of such standards. 

20 (xiv) Any other information required 

21 by the Secretary. 

22 (C) SIMPLIFIED APPLICATION PROCESS.— 

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1 ning grant under this title and are seeking to 

2 apply for an implementation grant. 

3 (2) GRANT AMOUNT.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (B), an implementation grant awarded 

6 under this title may be made in an amount that 

7 is not less than $5,000,000, and not more than 

8 $20,000,000. 

9 (B) ADDITIONAL FUNDS.—A State that is 

10 awarded an implementation grant under this 

11 title for piloting 1 or more of the following 

12 models may receive an amount that is not more 

13 than $5,000,000 in additional funds: 

14 (i) Establishing a State or local public 

15 holding company that invests and acquires 

16 ownership in distressed businesses to allow 

17 them to continue operating or reopen later. 

18 (ii) Piloting a model that seeks to im19 prove individual economic security through 

20 every stage of career life, particularly for 

21 workers who are left out of traditional un22 employment insurance, benefits, or worker 

23 training and retraining programs such as 

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1 ing for dependents or otherwise not work2 ing outside of the home. Such model may 

3 include efforts to provide broader lifelong 

4 access to income support, access to pen5 sions or retirement savings accounts, 

6 health care benefits, paid family leave, paid 

7 medical leave, and other fringe benefits. 

8 (iii) Establishing joint sector-based or 

9 labor-management governance boards with 

10 shared oversight over a worker support 

11 fund. Such a worker support fund may be 

12 used to provide— 

13 (I) ongoing training and retrain14 ing opportunities; 

15 (II) income support during un16 employment; 

17 (III) health insurance or other 

18 health and wellness benefits; 

19 (IV) flexible compensation during 

20 alternative or flexible work schedules; 

21 (V) paid sick leave or paid family 

22 leave; or 

23 (VI) other benefits as determined 

24 by the joint sector-based or labor25 management governance board. 


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1 (3) PRIORITY.—In awarding implementation 

2 grants under this title, the Secretary, in consultation 

3 with the Interagency Task Force established under 

4 title IV, shall prioritize each of the following types 

5 of States: 

6 (A) States that demonstrate the greatest 

7 need. 

8 (B) States that have the most thorough 

9 plans for deploying interventions. 

10 (C) States that prioritize individuals with 

11 barriers to employment, underrepresented indi12 viduals, immigrants, youth, formerly incarcer13 ated individuals, or individuals experiencing 

14 pandemic-related job displacement. 

15 (D) States that are committed to forging 

16 career pathways with employers that provide 

17 high-quality jobs— 

18 (i) as defined by the State under sec19 tion 102(b)(9); or 

20 (ii) in a case in which the State does 

21 not submit a State plan under title I, as 

22 defined in accordance with the require23 ments of section 102(b)(9). 

24 (E) States that have the most thorough, 

25 actionable, and achievable plans for deploying 


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1 interventions, and present reliable and relevant 

2 evidence for the interventions chosen. 

3 (d) REPORTING REQUIREMENTS.— 

4 (1) STATES.—Each State receiving a grant 

5 under subsections (b) or (c) shall submit annual per6 formance reports to the Secretary that demonstrate 

7 how the State’s grant-funded activities are per8 forming with respect to indicators of performance 

9 under section 116(b)(2)(A) of the Workforce Innova10 tion and Opportunity Act (29 U.S.C. 

11 3141(b)(2)(A)), and the employer satisfaction meas12 ures established by the Interagency Task Force es13 tablished under title IV. 

14 (2) SECRETARY.—The Secretary shall submit 

15 to Congress, a report— 

16 (A) on an annual basis, containing a sum17 mary of the reports submitted under paragraph 

18 (1); and 

19 (B) at the conclusion of each implementa20 tion grant period, containing the results of a 

21 rigorous, independent evaluation of the grants 

22 awarded under this title. 

23 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this title, 

25 $250,000,000 for fiscal year 2021. 


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1 TITLE III—STATE GRANTEE 

2 ADVISORY COUNCIL 

3 SEC. 301. STATE GRANTEE ADVISORY COUNCIL. 

4 (a) IN GENERAL.—Each State that receives a grant 

5 under title I or title II shall designate a State grantee 

6 advisory council. 

7 (b) MEMBERSHIP AND DUTIES.— 

8 (1) IN GENERAL.—The State board shall serve 

9 as the State grantee advisory council and shall over10 see and assess the performance of the activities car11 ried out under the grant received under title I or II. 

12 (2) OTHER ENTITIES.—The Governor shall ap13 point a representative of each of the following types 

14 of entities to serve as a member of the State grantee 

15 advisory council, if the entity involved is not rep16 resented on the State board: 

17 (A) The State workforce development sys18 tem. 

19 (B) The State unemployment compensa20 tion agency. 

21 (C) The State higher education system, in22 cluding the system covering 2-year public insti23 tutions of higher education. 

24 (D) The State, local, or regional chamber 

25 of commerce. 


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1 (E) Employer organizations. 

2 (F) Labor organizations or joint labor3 management organizations. 

4 (G) Community-based organizations. 

5 (H) An established State-based employee 

6 ownership center that offers education and 

7 technical assistance to retiring business owners, 

8 worker groups, entrepreneurs, or declining busi9 nesses, for the purpose of using broad-based 

10 employee share ownership through employee 

11 stock ownership plans, worker cooperatives, or 

12 employee ownership trusts, to allow worker 

13 groups to buy out businesses. 

14 (I) Any other member relevant to the ac15 tivities carried out by the State under the grant 

16 awarded under title I or II. 

17 TITLE IV—INTERAGENCY TASK 

18 FORCE 

19 SEC. 401. PURPOSES. 

20 (a) ESTABLISHMENT.—There is established within 

21 the Federal Government, and not later than 6 months 

22 after the date of enactment of this Act, the Secretary of 

23 Commerce and Secretary of Labor (in this title collectively 

24 referred to as the ‘‘Secretaries’’) shall jointly assemble, a 


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1 Federal interagency task force (referred to in this Act as 

2 the ‘‘Interagency Task Force’’). 

3 (b) DUTIES.—The Interagency Task Force shall— 

4 (1) identify any challenges that a State or local 

5 area receiving funds under this Act has had to over6 come; 

7 (2) collect and disseminate best practices and 

8 develop and recommend policies at the Federal level, 

9 to support ongoing efforts to limit the impact of 

10 market disruptions on workers, employers, and in11 dustry sectors or occupations, particularly with re12 spect to groups specified in section 102(b)(8); 

13 (3) establish a framework for a State receiving 

14 a grant under this Act to measure employer satisfac15 tion with respect to activities funded under this Act; 

16 and 

17 (4) establish the minimum standards of job 

18 quality that an employer is required to meet as a 

19 condition of receiving assistance under this Act— 

20 (A) by taking into consideration— 

21 (i) standards concerning whether an 

22 employer provides wages at a rate not less 

23 than the rate specified in the minimum liv24 ing wage standards for States and local25 ities recommended, subject to subparaVerDate Sep 11 2014 02:12 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S5068.IS S5068

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1 graph (B), by research centers at public or 

2 private nonprofit institutions of higher 

3 education or think tanks; 

4 (ii) standards concerning whether an 

5 employer provides access to ongoing train6 ing and advancement opportunities; 

7 (iii) standards concerning whether an 

8 employer provides paid sick days, paid 

9 family leave, or paid medical leave or 

10 short-term disability leave; and 

11 (iv) standards concerning whether an 

12 employer provides adequate hours and pre13 dictable schedules; and 

14 (B) by using, for the minimum living wage 

15 standards, a market-based approach that uti16 lizes geographically specific expenditure data re17 lated to the expected minimum food, child care, 

18 health insurance, housing, transportation, and 

19 other basic needs costs, of a household. 

20 SEC. 402. COMPOSITION. 

21 The Interagency Task Force shall be composed of the 

22 following individuals: 

23 (1) The Secretary of Labor. 

24 (2) The Assistant Secretary of Commerce for 

25 Economic Development. 


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1 (3) The Administrator of the Small Business 

2 Administration. 

3 (4) The Director of the Community Develop4 ment Financial Institutions Fund of the Department 

5 of the Treasury. 

6 (5) The Assistant Secretary for Career, Tech7 nical, and Adult Education of the Department of 

8 Education. 

9 (6) The Assistant Secretary for Postsecondary 

10 Education of the Department of Education. 

11 (7) A representative from the Employment and 

12 Training Administration of the Department of 

13 Labor. 

14 SEC. 403. MEETINGS. 

15 The Interagency Task Force shall meet at least on 

16 an annual basis until the date on which the Interagency 

17 Task Force is terminated under section 405, to evaluate 

18 the activities being carried out by each State receiving a 

19 grant under this Act and impact of those activities on em20 ployers, incumbent workers, and jobseekers, including the 

21 effectiveness of such activities— 

22 (1) in keeping workers employed in high-quality 

23 jobs; 


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1 (2) in helping workers transition smoothly to 

2 high-quality, in-demand jobs during economic dis3 ruption; 

4 (3) in improving business resiliency during eco5 nomic disruption; and 

6 (4) in expanding the number of jobs available 

7 in high-quality, in-demand industry sectors and oc8 cupations. 

9 SEC. 404. REPORT. 

10 Not later than 1 year after the date on which the 

11 funds provided under the grants awarded under this Act 

12 are expended by the States receiving grants under this 

13 Act, the Interagency Task Force shall submit a report to 

14 Congress detailing recommendations for a Federal pro15 gram based on the most promising practices carried out 

16 with the funds awarded under titles I and II. 

17 SEC. 405. SUNSET. 

18 The Interagency Task Force shall terminate after 

19 submitting the report under section 404. 

Æ 


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