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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7321 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 7321

  To amend the Workforce Innovation and Opportunity Act to establish 
 grants to support the establishment of personal reemployment accounts 
 to assist Americans in gaining skills and returning to work following 
              the economic disruption caused by COVID-19.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2020

  Ms. Stefanik (for herself and Mr. Moulton) introduced the following 
    bill; which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
  To amend the Workforce Innovation and Opportunity Act to establish 
 grants to support the establishment of personal reemployment accounts 
 to assist Americans in gaining skills and returning to work following 
              the economic disruption caused by COVID-19.

    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 ``Elevating America's Workforce Act''.

SEC. 2. GRANTS TO SUPPORT PERSONAL REEMPLOYMENT ACCOUNTS.

    Subtitle B of title I of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3151 et seq.) is amended by adding at the end the 
following:

              ``CHAPTER 5--PERSONAL REEMPLOYMENT ACCOUNTS

``SEC. 137A. PURPOSES.

    ``The purposes of this chapter are to provide for the establishment 
of personal reemployment accounts for certain individuals identified as 
likely to need additional job training to make a successful transition 
to new employment following the economic disruption caused by COVID-19, 
in order to--
            ``(1) accelerate the reemployment of such individuals;
            ``(2) promote the retention in employment of such 
        individuals; and
            ``(3) provide such individuals with enhanced flexibility, 
        choice, and control in obtaining job training services.

``SEC. 137B. DEFINITION.

    ``In this chapter, the term `State' means each of the several 
States of the United States, the District of Columbia, the Commonwealth 
of Puerto Rico, and the United States Virgin Islands.

``SEC. 137C. GRANTS TO STATES.

    ``(a) Grants.--The Secretary shall--
            ``(1) reserve \1/10\ of 1 percent of the amount 
        appropriated under section 136(d)) for use under section 137I; 
        and
            ``(2) use the remainder of the amount appropriated under 
        section 136(d) to make allotments in accordance with subsection 
        (b).
    ``(b) Allotment Among States.--
            ``(1) In general.--Not later than 15 days after an amount 
        is first appropriated under section 136(d) and from the amount 
        made available under subsection (a)(2), the Secretary shall 
        allot to each State an amount that is proportionate to the 
        relative number of unemployed individuals in the State as 
        compared to the total number of unemployed individuals in all 
        States in order to provide assistance for eligible individuals 
        in accordance with this chapter.
            ``(2) Small state minimum allotment.--The Secretary shall 
        ensure that--
                    ``(A) each State (other than the United States 
                Virgin Islands) shall receive an allotment under 
                paragraph (1) that is not less than \3/10\ of 1 percent 
                of the amount made available under subsection (a)(2) 
                for the fiscal year; and
                    ``(B) the United States Virgin Islands shall 
                receive an allotment under paragraph (1) that is not 
                less than \1/10\ of 1 percent of the amount made 
                available under subsection (a)(2) for the fiscal year.
    ``(c) Availability.--Notwithstanding section 189(g)(1), amounts 
made available under subsection (a) to carry out this chapter shall be 
available for obligation and expenditure beginning on the date of the 
enactment of the Elevating America's Workforce Act.

``SEC. 137D. WITHIN STATE ALLOCATION.

    ``(a) Allocation.--Of the amount allotted to a State under section 
137C--
            ``(1) not more than 10 percent of the amount may be 
        reserved by the Governor of the State to--
                    ``(A) of which 2 percent may be used to--
                            ``(i) enhance labor market information 
                        tools and the availability of regional labor 
                        market information; and
                            ``(ii) carry out other appropriate 
                        activities to implement this chapter; and
                    ``(B) of which any remaining amounts may be used to 
                distribute funds to local areas for the establishment 
                of personal reemployment accounts described in section 
                137E for eligible individuals in such local areas, 
                based on a determination of need by the State for such 
                funds; and
            ``(2) not later than 15 days after receiving such 
        allotment, the remaining amount shall be allocated by the State 
        to local areas in accordance with the formula described in 
        subsection (b) for the establishment of personal reemployment 
        accounts described in section 137E for eligible individuals in 
        such local areas, of which not more than 5 percent of the 
        amount allocated to a local area may be reserved by the local 
        board involved for start-up costs and other operating costs 
        related to the provision of assistance under this chapter.
    ``(b) Formula.--A State shall allocate funds to local areas in the 
State under subsection (a)(2) in an amount that is proportionate to the 
relative number of unemployed individuals in the local area as compared 
to the total number of unemployed individuals in the State.

``SEC. 137E. PERSONAL REEMPLOYMENT ACCOUNTS.

    ``(a) Accounts.--
            ``(1) In general.--
                    ``(A) Establishment of accounts.--Not later than 6 
                months after funds are allocated to a local area under 
                section 137D, such funds shall be used to establish 
                personal reemployment accounts for eligible individuals 
                to be used in accordance with section 137F.
                    ``(B) Use of unobligated funds.--
                            ``(i) In general.--Any unobligated funds 
                        that remain in a deactivated account shall--
                                    ``(I) not later than 3 months of 
                                such deactivation, be used
                                    ``(II) to establish a new personal 
                                reemployment account described in 
                                subparagraph (A); or
                                    ``(III) returned to the State to be 
                                used in accordance with section 
                                137D(a)(1)(B).
                            ``(ii) Deactivated account defined.--In 
                        this subparagraph, the term `deactivated 
                        account' means a personal reemployment 
                        account--
                                    ``(I) that has been established for 
                                1 year; or
                                    ``(II) that has been established 
                                for 3 months in a case in which the 
                                individual has not begun the training 
                                purchased using such account under 
                                section 137(a).
                    ``(C) Other limitations.--An eligible individual 
                may receive only one personal reemployment account, and 
                such an account shall not be transferable.
            ``(2) Composition.--Each account shall be comprised of a 
        training fund and a reemployment bonus, which shall function 
        independently for the purposes designated in section 137F.
            ``(3) Amount.--The State shall establish the amount of the 
        training fund and the reemployment bonus, which shall be 
        uniform throughout the State, pursuant to the following 
        criteria:
                    ``(A) With respect to the training fund, the State 
                may establish--
                            ``(i) a maximum amount of $6,000; and
                            ``(ii) a minimum amount is $3,000.
                    ``(B) With respect to the reemployment bonus, the 
                State may establish--
                            ``(i) a maximum amount of $2,000; and
                            ``(ii) a minimum amount of $1,000.
            ``(4) Limitation on additional services.--During the 1-year 
        period following the establishment of an account for an 
        eligible individual, the eligible individual may not receive 
        training services funded under this title (other than the 
        services or training funded under section 137F(a)).
    ``(b) Eligible Individuals.--
            ``(1) Minimum eligibility criteria requirements.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                individual shall be eligible to receive assistance 
                under this chapter if, beginning after the date of 
                enactment of the Elevating America's Workforce Act, the 
                individual--
                            ``(i) is identified by a local area as 
                        likely in need of job training to make a 
                        successful transition to new employment; and
                            ``(ii) is receiving cash benefits payable 
                        with respect to the individual's unemployment, 
                        including any benefits payable under subtitle A 
                        of title II of division A of the CARES Act 
                        (Public Law 116-136).
                    ``(B) Additional eligibility and priority 
                criteria.--A State may establish criteria that is in 
                addition to the criteria described in subparagraph (A) 
                for the eligibility of individuals to receive 
                assistance under this chapter. A State may also 
                establish criteria for priority in the provision of 
                assistance to such eligible individuals under this 
                chapter.
            ``(2) Transition rule.--At the option of the State, an 
        individual may be eligible to receive assistance under this 
        chapter if the individual--
                    ``(A) during the 1-year period following the date 
                of the enactment of the Elevating America's Workforce 
                Act, exhausted all rights to the cash benefits 
                described in paragraph (2)(A)(ii); and
                    ``(B) is separated from employment in an industry 
                or occupation that has experienced declining 
                employment, or no longer provides any employment, in 
                the local labor market on the date of the determination 
                of eligibility of the individual under this paragraph.
            ``(3) No individual entitlement.--Nothing in this chapter 
        shall be construed to entitle any individual to receive a 
        personal reemployment account.
    ``(c) Local Administration.--
            ``(1) In general.--A local board shall administer personal 
        reemployment accounts established under this chapter through 
        the one-stop delivery system.
            ``(2) Information and attestation.--Prior to the 
        establishment of a personal reemployment account for an 
        eligible individual under this chapter, the one-stop delivery 
        system shall ensure that the individual--
                    ``(A) is informed of the requirements applicable to 
                the personal reemployment account, including the 
                allowable uses of funds from the account, the 
                limitations on access to services described under 
                section 137E(a)(4) and a description of such services, 
                and the conditions for receiving a reemployment bonus;
                    ``(B) has completed an orientation session, either 
                in person or virtual, that includes an overview of the 
                personal reemployment account and the basic career 
                services that are available through the one-stop;
                    ``(C) is provided access to information on--
                            ``(i) potential training providers, 
                        included the training providers specified in 
                        section 134(c)(3)(F);
                            ``(ii) the most up-to-date regional labor 
                        market data and analysis of skills needed by 
                        employers in the region; and
                            ``(iii) in-demand industry sectors or 
                        occupations in the local area;
                    ``(D) has the option to develop a personal 
                reemployment plan which will identify the employment 
                goals and appropriate combination of services selected 
                by the individual to achieve the employment goals; and
                    ``(E) signs an attestation that the individual 
                will--
                            ``(i) comply with the requirements relating 
                        to the personal reemployment accounts under 
                        this chapter; and
                            ``(ii) be responsible for any expenditures 
                        that are not allowable to be reimbursed by the 
                        account.
            ``(3) Periodic contact.--The one-stop delivery system shall 
        conduct periodic, not less than once every three months, 
        interviews with the eligible individual to discuss the usage of 
        their personal reemployment account and assist the recipient in 
        meeting such individual's employment goals.

``SEC. 137F. USE OF FUNDS.

    ``(a) Allowable Activities.--
            ``(1) In general.--Subject to subsection (c) and paragraph 
        (3) of this subsection, an eligible individual may use amounts 
        in the training fund to--
                    ``(A) purchase training services (including the 
                services specified in section 134(c)(3)(D)) from a 
                provider of such training services, which--
                            ``(i) shall be a provider that--
                                    ``(I) offers training that leads to 
                                a recognized postsecondary credential; 
                                and
                                    ``(II) as of the date of enactment 
                                of the Elevating America's Workforce 
                                Act, has been in operation for at least 
                                a 6-month period; and
                            ``(ii) may be a provider that is not on the 
                        list of eligible providers of training services 
                        described in section 122(d);
                    ``(B) provide to the employer with whom the 
                individual enters into a work-based training agreement 
                described in paragraph (2) for the provision of on-the-
                job training, reimbursement of--
                            ``(i)(I) in the case of an employer with 
                        not more than 100 employees, 75 percent of the 
                        wages earned by the eligible individual while 
                        engaged in the training, except that such 
                        reimbursement shall not exceed the amounts in 
                        the training fund as of the date of such 
                        reimbursement; and
                            ``(II) in the case of an employer with more 
                        than 100 employees, 50 percent the wages earned 
                        by the eligible individual while engaged in the 
                        training, except that such reimbursement shall 
                        not exceed the amounts in the training fund as 
                        of the date of such reimbursement; and
                            ``(ii) upon completion of such training and 
                        meeting the requirements to receive an 
                        unemployment bonus under subsection (b)(1), 25 
                        percent of the wages earned by the eligible 
                        individual while engaged in the training, 
                        except that such reimbursement shall not exceed 
                        the amounts in the training fund as of the date 
                        of such reimbursement; or
                    ``(C) purchase the training services described in 
                subparagraph (A) and provide the employer reimbursement 
                described in subparagraph (B).
            ``(2) Work-based training agreement.--To receive on-the-job 
        training from an employer as described in paragraph (1)(B), an 
        eligible individual shall enter into a work-based training 
        agreement with the employer to establish--
                    ``(A) the length of the training, the hourly wage 
                rate of the individual, the amount in the individual's 
                training fund, the skills necessary for the job and the 
                individual's current attainment level of such skills, 
                the skills to be learned during the training; and
                    ``(B) a requirement that, prior to beginning such 
                training, the eligible individual provide to the one-
                stop delivery system for purposes of receiving a 
                payment or reimbursement in accordance with paragraph 
                (3), a copy of such agreement and, during such 
                training, any documentation of the wages earned by the 
                individual while engaged in such training.
            ``(3) Delivery of services.--The one-stop delivery system 
        may pay costs for the services and training described in 
        paragraph (1), through a voucher system, or by reimbursement to 
        the eligible individual or employer upon--
                    ``(A) receipt of appropriate cost documentation for 
                training services under paragraph (1)(A), consistent 
                with safeguards described in the State application 
                under section 137G; or
                    ``(B) receipt of documentation of wages earned by 
                the individual while engaged in on-the-job training 
                under paragraph (1)(B) for which the one-stop delivery 
                system has received a copy of the work-based training 
                agreement established under paragraph (2).
    ``(b) Reemployment Bonus.--
            ``(1) In general.--An eligible individual shall be 
        provided, directly and in cash, a reemployment bonus, in a case 
        in which, not later than 6 weeks after the completion of any 
        training purchased under subsection (a) and not later than 1 
        year after the establishment of the individual's account--
                    ``(A) the individual obtains full-time, 
                unsubsidized employment (which is not the on-the job 
                training described in subsection (a)(1)(B)); and
                    ``(B) meets one of the following:
                            ``(i) Receives a recognized postsecondary 
                        credential necessary for such employment upon 
                        completion of the training purchased under 
                        subsection (a).
                            ``(ii) Completes the on-the-job training 
                        purchased under subsection (a) and gains the 
                        skills necessary for such employment.
            ``(2) Payments.--The following shall apply with respect to 
        an eligible individual described in paragraph (1):
                    ``(A) 60 percent of the remaining reemployment 
                bonus shall be paid to the individual upon the 
                employment described in paragraph (1).
                    ``(B) 40 percent of the remaining reemployment 
                bonus shall be paid to the individual after 26 weeks of 
                employment retention.
            ``(3) Training fund.--Except as provided in (c)(2), upon 
        receipt of a reemployment bonus under paragraph (1), an 
        individual may not use any funds remaining in the individual's 
        training fund.
    ``(c) Limitations.--The following shall apply with respect to 
personal reemployment accounts under this chapter:
            ``(1) Amounts in a personal reemployment account 
        established for an individual may be used during the 1-year 
        period after the date of the establishment of the account for 
        an individual, except that such individual shall begin any 
        training the individual purchased under subsection (a) not 
        later than 3 months after such establishment.
            ``(2) During the 1-year period after the date on which an 
        individual's account is established, if such individual 
        receives a reemployment bonus under subsection (b) and becomes 
        unemployed, the individual--
                    ``(A) may use the amount remaining in the training 
                fund portion of the individual's for the purposes 
                described in subsection (a); and
                    ``(B) may not be eligible for additional cash 
                payments under subsection (b).

``SEC. 137G. STATE APPLICATION.

    ``(a) In General.--In order for a State to receive an allotment 
under section 137C, the Governor of the State shall submit to the 
Secretary an application that includes a description of how the State 
intends to carry out the personal reemployment accounts authorized 
under this chapter, including--
            ``(1) the criteria and methods to be used for determining 
        eligibility for the personal reemployment accounts and the 
        additional criteria and priority for service that the State 
        intends to apply, if any, pursuant to section 137E(b)(1)(B);
            ``(2) the methods or procedures, developed in consultation 
        with local boards and chief elected officials, to be used to 
        provide eligible individuals information relating to services, 
        providers and employers, and safeguards, to ensure that funds 
        from the personal reemployment accounts are used for purposes 
        authorized under this chapter; and
            ``(3) how the State will coordinate the activities carried 
        out under this chapter with the employment and training 
        activities carried out under section 134 and other activities 
        carried out through the one-stop delivery system in the State.
    ``(b) Application Submission and Approval.--A State application 
submitted to the Secretary under subsection (a) by a Governor shall be 
considered to be approved by the Secretary at the end of the 30-day 
period beginning on the date the Secretary receives the application, 
unless the Secretary makes a written determination during such period 
that the application is incomplete or otherwise inconsistent with the 
provisions of this chapter.

``SEC. 137H. PROGRAM INFORMATION.

    ``(a) In General.--The Secretary may require from States the 
collection and reporting on such financial, performance, and other 
program-related information as the Secretary determines is appropriate 
to carry out this chapter, including the evaluation described in 
section 137I.
    ``(b) Training Provider Performance Data.--Each State shall submit 
annually to the Secretary and make available (including by electronic 
means), in an easily understandable format, performance data with 
respect to each provider of training under this chapter containing the 
following information:
            ``(1) The total number of program participants who received 
        training services.
            ``(2) The percentage of program participants who are in 
        unsubsidized employment during the second quarter after exit 
        from the program.
            ``(3) The percentage of program participants who are in 
        unsubsidized employment during the fourth quarter after exit 
        from the program.
            ``(4) The median earnings of program participants who are 
        in unsubsidized employment during the second quarter after exit 
        from the program.
            ``(5) In the case of a training provider described in 
        section 137F(a)(1)(A), the percentage of program participants 
        who obtain a recognized postsecondary credential during 
        participation in or within 1 year after exit from the program.
            ``(6) In the case of an employer providing on-the-job 
        training described in section 137F(a)(1)(B), the percentage of 
        program participants who completed on-the-job training 
        supported under this chapter and achieved measurable skills 
        gains necessary for employment.

``SEC. 137I. EVALUATION, TECHNICAL ASSISTANCE, AND DATA COLLECTION 
              ACTIVITIES.

    ``(a) Evaluation.--From the amount made available under section 
137C(a)(1), the Secretary, pursuant to the authority provided under 
section 169, shall, directly or through grants, contracts, or 
cooperative agreements with appropriate entities, conduct an evaluation 
of the activities carried out under this chapter.
    ``(b) Conduct of Evaluation.--The evaluation shall examine the 
effectiveness of such activities in achieving the purposes described in 
section 137A, including the effectiveness with respect to individuals 
with barriers to employment, disaggregated by each subpopulation of 
such individuals, and by race, ethnicity, sex, and age, and such other 
purposes as the Secretary determines are appropriate.
    ``(c) Report.--The report to Congress under section 169(e) relating 
to the results of the evaluations required under section 169 shall 
include the recommendation of the Secretary with respect to the use of 
personal reemployment accounts as a mechanism to assist individuals in 
obtaining and retaining employment.''.

SEC. 3. ADMINISTRATION.

    Section 107(d) of the Workforce Innovation and Opportunity Act (29 
U.S.C. 3122(d)) is amended--
            (1) in paragraph (8)(A)(i), by inserting ``, activities 
        authorized under section 137F'' after ``section 134''; and
            (2) in paragraph (12)(B)(i)(I), by striking ``sections 128 
        and 133'' and inserting ``sections 128, 133, and 137D''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Section 136 of the Workforce Innovation and Opportunity Act (29 
U.S.C. 3181) is amended by adding at the end the following:
    ``(d) Personal Reemployment Accounts.--
            ``(1) In general.--There is authorized to be appropriated 
        $8,612,000,000 for fiscal year 2020 to carry out chapter 5.
            ``(2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) to carry 
        out section 137I are authorized to remain available until 
        expended.''.

SEC. 5. CONFORMING AMENDMENT.

    The table of contents for the Workforce Innovation and Opportunity 
Act is amended by inserting after the items relating to chapter 4 of 
subtitle B of title I the following new items:

              ``Chapter 5--Personal Reemployment Accounts

``Sec. 137A. Purposes.
``Sec. 137B. Definition.
``Sec. 137C. Grants to States.
``Sec. 137D. Within State allocation.
``Sec. 137E. Personal reemployment accounts.
``Sec. 137F. Use of funds.
``Sec. 137G. State application.
``Sec. 1357. Program information.
``Sec. 137I. Evaluation, technical assistance, and data collection 
                            activities.''.
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