I 

116TH CONGRESS 

2D SESSION H. R. 7788 

To temporarily enable qualified training providers to provide online and virtual 

training services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2020 

Mr. SMUCKER introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To temporarily enable qualified training providers to provide 

online and virtual training services, 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 ‘‘Enabling Online and 

5 Virtual Workforce Training Act’’. 

6 SEC. 2. TEMPORARY PROVISION OF ELIGIBILITY FOR CER7 TAIN TRAINING PROVIDERS. 

8 (a) IN GENERAL.—During the period beginning on 

9 the date of enactment of this Act and ending on December 

10 31, 2020, notwithstanding section 122 of the Workforce 


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1 Innovation and Opportunity Act (29 U.S.C. 3152), a cov2 ered provider of training services described in subsection 

3 (b)(1) that is approved by a State board or local board 

4 to be eligible to receive funds provided under section 

5 133(b) of the Workforce Innovation and Opportunity Act 

6 (29 U.S.C. 3173(b)) for the provision of such training 

7 services in a local area in the State shall be deemed so 

8 eligible. 

9 (b) COVERED PROVIDER DEFINED.—In this section, 

10 the term ‘‘covered provider’’ means an entity that— 

11 (1) offers a program of training services that 

12 leads to a recognized postsecondary credential; 

13 (2) has been in existence for not less than 2 

14 years prior to receiving approval under subsection 

15 (a); and 

16 (3) as of June 1, 2020, was included, in at 

17 least 2 States, on the list of providers of training 

18 services described in subsection (d) of section 122 of 

19 the Workforce Innovation and Opportunity Act (29 

20 U.S.C. 3152) determined to be eligible to offer a 

21 program of training services under such section 122. 

22 (c) PRIORITY.—In approving covered providers under 

23 subsection (a), a State board or local board shall be en24 couraged to consider providers of qualified online training 


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1 services (as defined in section 122(b)(5) of the Workforce 

2 Innovation and Opportunity Act, as added by this Act). 

3 SEC. 3. PROVIDERS OF QUALIFIED ONLINE TRAINING 

4 SERVICES. 

5 Section 122 of the Workforce Innovation and Oppor6 tunity Act (29 U.S.C. 3152) is amended— 

7 (1) in subsection (a)(3), by adding at the end 

8 the following: ‘‘A provider of qualified online train9 ing services shall be included and maintained on the 

10 list of eligible providers of training services described 

11 in subsection (d) so long as such provider complies 

12 with the criteria, information requirements, and pro13 cedures established under this section.’’; and 

14 (2) in subsection (b), by adding at the end the 

15 following: 

16 ‘‘(5) PROVIDER OF QUALIFIED ONLINE TRAIN17 ING SERVICES.— 

18 ‘‘(A) IN GENERAL.—In establishing cri19 teria, information requirements, or procedures 

20 under this section, a Governor, State board, or 

21 local board may not require a provider of quali22 fied online training services, in providing such 

23 qualified online training services, to— 

24 ‘‘(i) maintain a physical presence in a 

25 State or local area; or 


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1 ‘‘(ii) in the case of a provider that is 

2 an organization described in section 501(c) 

3 of the Internal Revenue Code and is ex4 empt from taxation under section 501(a) 

5 of such Code, be a provider described in 

6 subsection (a)(2). 

7 ‘‘(B) QUALIFIED ONLINE TRAINING SERV8 ICES.—In this subsection, the term ‘qualified 

9 online training services’ means training services 

10 that— 

11 ‘‘(i) are provided over the internet or 

12 through other forms of electronic commu13 nication; and 

14 ‘‘(ii) lead to a recognized postsec15 ondary credential.’’. 

16 SEC. 4. SENSE OF CONGRESS. 

17 It is the sense of Congress that— 

18 (1) the COVID–19 pandemic has created sig19 nificant challenges in the nation’s labor market that 

20 will likely have lasting effects; 

21 (2) millions of individuals cannot enroll or par22 ticipate in workforce training programs due to re23 strictions on movement related to the pandemic; 

24 (3) online and virtual training services can help 

25 workers learn new skills, particularly during panVerDate Sep 11 2014 18:54 Aug 15, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7788.IH H7788

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1 demic-related closures and for in-demand industry 

2 sectors such as information technology and cyberse3 curity; 

4 (4) Congress has previously recognized the need 

5 to ensure access to online and virtual training serv6 ices, including through section 122(b)(1)(B) of the 

7 Workforce Investment and Opportunity Act (29 

8 U.S.C. 3152(b)(1)(B)); 

9 (5) some State governments, State workforce 

10 boards, or local workforce boards have established 

11 eligibility criteria or other procedures that make it 

12 difficult or impossible for providers of online and vir13 tual training services to qualify as eligible training 

14 providers, such as physical presence requirements; 

15 and 

16 (6) all State governments, State workforce 

17 boards, and local workforce boards should move 

18 promptly to make programs of online and virtual 

19 training services available to individuals residing in 

20 their areas. 

21 SEC. 5. DEFINITIONS. 

22 Except as otherwise provided, the terms in this Act 

23 have the meanings given the terms in section 3 of the 


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1 Workforce Innovation and Opportunity Act (29 U.S.C. 

2 3102). 

Æ 


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