II 

116TH CONGRESS 

2D SESSION S. 4239 

To promote workforce recovery through the provision of additional training 

services and workforce investment activities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2020 

Mr. DAINES (for himself and Mr. ALEXANDER) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To promote workforce recovery through the provision of additional training services and workforce investment 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 ‘‘Workforce Recovery 

5 and Training Services Act of 2020’’. 

6 SEC. 2. WORKFORCE RECOVERY AND TRAINING SERVICES. 

7 (a) DEFINITIONS.—In this section: 

8 (1) QUALIFYING EMERGENCY.—The term 

9 ‘‘qualifying emergency’’ means— 


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1 (A) a public health emergency related to 

2 the coronavirus declared by the Secretary of 

3 Health and Human Services pursuant to sec4 tion 319 of the Public Health Service Act (42 

5 U.S.C. 247d); 

6 (B) an event related to the coronavirus for 

7 which the President declared a major disaster 

8 or an emergency under section 401 or 501, re9 spectively, of the Robert T. Stafford Disaster 

10 Relief and Emergency Assistance Act (42 

11 U.S.C. 5170, 5191); or 

12 (C) a national emergency related to the 

13 coronavirus declared by the President under the 

14 National Emergencies Act (50 U.S.C. 1601 et 

15 seq.). 

16 (2) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Labor. 

18 (3) WORKFORCE INNOVATION AND OPPOR19 TUNITY ACT TERMS.—Except as otherwise provided 

20 in this section, the terms in this section have the 

21 meanings given the terms in section 3 of the Work22 force Innovation and Opportunity Act (29 U.S.C. 

23 3102). 

24 (b) DISTRIBUTION OF FUNDS.— 


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1 (1) ALLOTMENT TO STATES.—From funds ap2 propriated to carry out this section and not reserved 

3 under subsection (e)(4), not later than 30 days after 

4 receiving the appropriated funds, the Secretary shall 

5 make allotments to States in accordance with the 

6 formula described in section 132(b)(2)(B) of the 

7 Workforce Innovation and Opportunity Act (29 

8 U.S.C. 3172(b)(2)(B)) and make the reservation for 

9 and provide assistance to outlying areas in accord10 ance with section 132(b)(2)(A) of such Act (29 

11 U.S.C. 3172(b)(2)(A)). 

12 (2) ALLOCATION TO LOCAL AREAS.—Not later 

13 than 30 days after a State receives an allotment 

14 under paragraph (1), the Governor shall— 

15 (A) reserve 40 percent of the allotment 

16 funds to carry out activities under subsection 

17 (c)(1); and 

18 (B) allocate the remainder of the funds to 

19 local areas in accordance with section 

20 133(b)(2)(B) of the Workforce Innovation and 

21 Opportunity Act (29 U.S.C. 3173(b)(2)(B)) to 

22 enable the local areas to carry out activities 

23 under subsection (c)(2). 

24 (c) USES OF FUNDS.— 

25 (1) STATE USE OF FUNDS.— 


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1 (A) IN GENERAL.—From the funds re2 served under subsection (b)(2)(A), the Gov3 ernor— 

4 (i) shall allocate not less than 50 per5 cent of the funds to the local areas most 

6 significantly impacted by a qualifying 

7 emergency, as determined by the Governor, 

8 to enable the local areas to carry out ac9 tivities under paragraph (2); and 

10 (ii) with the funds that are not allo11 cated under clause (i) or reserved under 

12 subparagraph (B), may— 

13 (I) carry out rapid response ac14 tivities described in section 

15 134(a)(2)(A) of the Workforce Inno16 vation and Opportunity Act (29 

17 U.S.C. 3174(a)(2)(A)); 

18 (II) carry out activities to facili19 tate remote access to employment and 

20 training activities, including career 

21 services, through a one-stop center; 

22 (III) in coordination with local 

23 areas, carry out activities necessary to 

24 expand online learning opportunities 

25 and make available resources to supVerDate Sep 11 2014 18:48 Aug 01, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4239.IS S4239

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1 port or allow for online service deliv2 ery, including online delivery of train3 ing services, by providers identified as 

4 eligible providers of training services 

5 under subsection (d) or (h) of section 

6 122 of the Workforce Innovation and 

7 Opportunity Act (29 U.S.C. 3152); 

8 (IV) assist local boards through 

9 the purchase of technology, supplies, 

10 and online training materials for dis11 tribution or use by local areas; and 

12 (V) expand the list of eligible 

13 providers of training services estab14 lished under section 122(d) of the 

15 Workforce Innovation and Oppor16 tunity Act (29 U.S.C. 3152(d)). 

17 (B) LIMITATION.—Not more than 5 per18 cent of the funds reserved under subsection 

19 (b)(2)(A) shall be used by the State for admin20 istrative activities related to carrying out this 

21 section. 

22 (2) LOCAL USES OF FUNDS.—Funds allocated 

23 to a local area under subsection (b)(2)(B) or para24 graph (1)(A)(i)— 

25 (A) shall be used for— 


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1 (i) the provision of in-person and vir2 tual training services, aligned with indus3 try needs, that shall include— 

4 (I) on-the-job training, for which 

5 the local board may take into account 

6 the impact of a qualifying emergency 

7 as a factor in determining whether to 

8 increase the amount of a reimburse9 ment to an amount of up to 75 per10 cent of the wage rate of a participant 

11 in accordance with section 

12 134(c)(3)(H) of the Workforce Inno13 vation and Opportunity Act (29 

14 U.S.C. 3174(c)(3)(H)); 

15 (II) customized training, for 

16 which the local board may take into 

17 account the impact of a qualifying 

18 emergency as a factor in determining 

19 the portion of the cost of training an 

20 employer shall provide; 

21 (III) transitional jobs as de22 scribed in section 134(d)(5) of the 

23 Workforce Innovation and Oppor24 tunity Act (29 U.S.C. 3174(d)(5)) 

25 (but for adults or dislocated workers 


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1 determined eligible by a one-stop oper2 ator or one-stop partner), including 

3 positions in contact tracing, public 

4 health, or infrastructure, if provision 

5 of the jobs does not displace any cur6 rently employed employee (as of the 

7 date of the participation in the transi8 tional job); and 

9 (IV) incumbent worker training 

10 described in section 134(d)(4) of the 

11 Workforce Innovation and Oppor12 tunity Act (29 U.S.C. 3174(d)(4)) to 

13 support worker retention; 

14 (ii) training services provided through 

15 individual training accounts, which, not16 withstanding section 122 of the Workforce 

17 Innovation and Opportunity Act (29 

18 U.S.C. 3152), eligible individuals may ob19 tain from providers identified as eligible 

20 providers of training services under sub21 section (d) or (h) of that section 122 or 

22 from another provider that is identified by 

23 the State board or local board involved; 

24 (iii) short-term training— 


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1 (I) in which a current employee 

2 (as of the date of the participation), 

3 including an employee participating in 

4 a transitional job described in clause 

5 (i)(III), may participate; 

6 (II) for which the participant 

7 may receive an employer-sponsored in8 dividual training account; 

9 (III) for which the employer 

10 agrees to pay— 

11 (aa) not less than 10 per12 cent of the costs of such training 

13 in the case of an employer that is 

14 a small business concern, as de15 fined in section 3(a) of the Small 

16 Business Act (15 U.S.C. 632(a)); 

17 and 

18 (bb) not less than 20 per19 cent of such costs in the case of 

20 any other employer; and 

21 (IV) for which the participant is 

22 provided the opportunity to choose a 

23 provider from among the providers 

24 identified as eligible providers of 

25 training services under subsection (d) 


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1 or (h) of section 122 of the Workforce 

2 Innovation and Opportunity Act or a 

3 provider identified by the employer as 

4 having the ability to provide the skills 

5 necessary for the individual to be 

6 hired permanently or to advance the 

7 individual’s career; and 

8 (iv) short-term training in fields in 

9 which the local area needs workers to meet 

10 the demands for health care, direct care, 

11 and frontline workers responding to a 

12 qualifying emergency; and 

13 (B) may be used for— 

14 (i) the establishment and expansion of 

15 partnerships with public and private enti16 ties to support online programs of training 

17 services— 

18 (I) which programs are identified 

19 under section 122 of the Workforce 

20 Innovation and Opportunity Act and 

21 lead to an industry-recognized creden22 tial in high-skill, high-wage, or in-de23 mand industry sectors or occupations, 

24 in areas such as technology, health 


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1 care, direct care, and manufacturing; 

2 and 

3 (II) through which the partner4 ships may provide for the cost of an 

5 assessment related to obtaining such 

6 credential; 

7 (ii) providing training services that 

8 are aligned with the needs of local industry 

9 and recognized by employers; 

10 (iii) expanding access to individualized 

11 career services, which include— 

12 (I) in-person and virtual employ13 ment and reemployment services to 

14 help individuals find employment; and 

15 (II) career navigation supports to 

16 enable workers to find new pathways 

17 to high-skill, high-wage, or in-demand 

18 industry sectors and occupations and 

19 the necessary training to support 

20 those pathways; and 

21 (iv) providing access to technology, in22 cluding broadband service and devices to 

23 enable individuals served under this section 

24 to receive online career and training serv25 ices. 


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1 (3) MINIMUM AMOUNT FOR TRAINING.—Not 

2 less than 50 percent of the funds made available 

3 under subsection (b)(2)(B) and paragraph (1)(A)(i) 

4 shall be used to provide training services described 

5 in paragraph (2)(A). 

6 (d) REALLOCATION.— 

7 (1) LOCAL FUNDS.—Each local board shall re8 turn to the Governor any funds received under this 

9 section that the local board does not obligate within 

10 1 year after receiving such funds. The Governor 

11 shall reallocate such returned funds, to the local 

12 areas that are not required to return funds under 

13 this paragraph, in accordance with subsection 

14 (c)(1)(A). 

15 (2) STATE FUNDS.—Each Governor shall re16 turn to the Secretary any funds received under this 

17 section that the Governor does not obligate within 2 

18 years after receiving such funds. The Secretary shall 

19 reallot such returned funds to the States that are 

20 not required to return funds under this paragraph, 

21 in accordance with subsection (b)(1). 

22 (e) GENERAL PROVISIONS.— 

23 (1) ELIGIBLE INDIVIDUALS.— 

24 (A) IN GENERAL.—Except as otherwise 

25 specified in this section, to be eligible to receive 


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1 services authorized under this section, an indi2 vidual shall be an adult or dislocated worker. 

3 (B) INDIVIDUALS ELIGIBLE TO RECEIVE

4 SERVICES THROUGH INDIVIDUAL TRAINING AC5 COUNTS.—To be eligible to receive training 

6 services through an individual training account 

7 or employer-sponsored individual training ac8 count described in subsection (c)(2)(A)(iii), an 

9 eligible individual shall be an adult or dislocated 

10 worker— 

11 (i) who, after an in-person or virtual 

12 interview, evaluation, or assessment, and 

13 career planning, has been determined by a 

14 one-stop operator or one-stop partner, as 

15 appropriate, to— 

16 (I) be unlikely to obtain or retain 

17 employment with wages comparable to 

18 or higher than wages from previous 

19 employment, solely through the career 

20 services available through the one-stop 

21 center; and 

22 (II) have the skills and qualifica23 tions to successfully participate in the 

24 selected program of training services; 

25 and 


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1 (ii) who selects a program of training 

2 services that are directly linked to the em3 ployment opportunities in the local area, or 

4 in another area to which the adult or dis5 located worker is willing to commute or re6 locate. 

7 (2) SPECIAL RULES.— 

8 (A) ADMINISTRATION.—Except as other9 wise provided in this section, the provisions of 

10 subtitle E of title I of the Workforce Innovation 

11 and Opportunity Act (29 U.S.C. 3241 et seq.) 

12 shall apply to funds provided under this section. 

13 (B) SINGLE STATE LOCAL AREA.—In any 

14 case in which a State is designated as a local 

15 area pursuant to section 106(d) of the Work16 force Innovation and Opportunity Act (29 

17 U.S.C. 3121(d)), the State board shall carry 

18 out the functions of a local board as specified 

19 in this section. 

20 (3) PROGRAM OVERSIGHT.—The Governor, in 

21 partnership with local boards and the chief elected 

22 officials for local areas, shall— 

23 (A) conduct oversight for the activities au24 thorized under this section; and 


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1 (B) ensure the appropriate use and man2 agement of the funds provided under this sec3 tion. 

4 (4) PROGRAM ADMINISTRATION.—The Sec5 retary shall reserve not more than $15,000,000 of 

6 the funds appropriated to carry out this section, as 

7 necessary, for program administration and manage8 ment through the Department of Labor to support 

9 the administration of funds provided under this sec10 tion and evaluation of activities authorized under 

11 this section. 

12 (f) REPORTS.— 

13 (1) STATE REPORT.—Each State shall prepare 

14 and submit to the Secretary a report that includes 

15 information specifying— 

16 (A) the number and percentage of partici17 pants in activities under this section who re18 ceived funds for training services; 

19 (B) the types of training programs pro20 vided under this section; 

21 (C) the number and percentage of partici22 pants in training programs provided under this 

23 section who entered employment upon comple24 tion of such a program; 


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1 (D) the number and percentage of partici2 pants in such training programs who obtained 

3 a recognized postsecondary credential; and 

4 (E) the earnings of participants who com5 pleted a training program under this section. 

6 (2) SECRETARY’S REPORT.—Upon receipt of a 

7 report under paragraph (1), the Secretary shall 

8 transmit such report to the Committee on Health, 

9 Education, Labor, and Pensions of the Senate and 

10 the Committee on Education and Labor of the 

11 House of Representatives. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $3,500,000,000 for the period of fiscal years 2020 

15 through 2022. 

Æ 


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