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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enabling Online and 
Virtual Workforce Training Act’’. 
SEC. 2. TEMPORARY PROVISION OF ELIGIBILITY FOR CER-
TAIN TRAINING PROVIDERS. 
(a) IN GENERAL.—During the period beginning on 
the date of enactment of this Act and ending on December 
31, 2020, notwithstanding section 122 of the Workforce 
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Innovation and Opportunity Act (29 U.S.C. 3152), a cov-
ered provider of training services described in subsection 
(b)(1) that is approved by a State board or local board 
to be eligible to receive funds provided under section 
133(b) of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3173(b)) for the provision of such training 
services in a local area in the State shall be deemed so 
eligible. 
(b) COVERED PROVIDER DEFINED.—In this section, 
the term ‘‘covered provider’’ means an entity that— 
(1) offers a program of training services that 
leads to a recognized postsecondary credential; 
(2) has been in existence for not less than 2 
years prior to receiving approval under subsection 
(a); and 
(3) as of June 1, 2020, was included, in at 
least 2 States, on the list of providers of training 
services described in subsection (d) of section 122 of 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3152) determined to be eligible to offer a 
program of training services under such section 122. 
(c) PRIORITY.—In approving covered providers under 
subsection (a), a State board or local board shall be en-
couraged to consider providers of qualified online training 
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services (as defined in section 122(b)(5) of the Workforce 
Innovation and Opportunity Act, as added by this Act). 
SEC. 3. PROVIDERS OF QUALIFIED ONLINE TRAINING 
SERVICES. 
Section 122 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3152) is amended— 
(1) in subsection (a)(3), by adding at the end 
the following: ‘‘A provider of qualified online train-
ing services shall be included and maintained on the 
list of eligible providers of training services described 
in subsection (d) so long as such provider complies 
with the criteria, information requirements, and pro-
cedures established under this section.’’; and 
(2) in subsection (b), by adding at the end the 
following: 
‘‘(5) PROVIDER OF QUALIFIED ONLINE TRAIN-
ING SERVICES.— 
‘‘(A) IN
GENERAL.—In establishing cri-
teria, information requirements, or procedures 
under this section, a Governor, State board, or 
local board may not require a provider of quali-
fied online training services, in providing such 
qualified online training services, to— 
‘‘(i) maintain a physical presence in a 
State or local area; or 
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‘‘(ii) in the case of a provider that is 
an organization described in section 501(c) 
of the Internal Revenue Code and is ex-
empt from taxation under section 501(a) 
of such Code, be a provider described in 
subsection (a)(2). 
‘‘(B) QUALIFIED ONLINE TRAINING SERV-
ICES.—In this subsection, the term ‘qualified 
online training services’ means training services 
that— 
‘‘(i) are provided over the internet or 
through other forms of electronic commu-
nication; and 
‘‘(ii) lead to a recognized postsec-
ondary credential.’’. 
SEC. 4. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the COVID–19 pandemic has created sig-
nificant challenges in the nation’s labor market that 
will likely have lasting effects; 
(2) millions of individuals cannot enroll or par-
ticipate in workforce training programs due to re-
strictions on movement related to the pandemic; 
(3) online and virtual training services can help 
workers learn new skills, particularly during pan-
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demic-related closures and for in-demand industry 
sectors such as information technology and cyberse-
curity; 
(4) Congress has previously recognized the need 
to ensure access to online and virtual training serv-
ices, including through section 122(b)(1)(B) of the 
Workforce Investment and Opportunity Act (29 
U.S.C. 3152(b)(1)(B)); 
(5) some State governments, State workforce 
boards, or local workforce boards have established 
eligibility criteria or other procedures that make it 
difficult or impossible for providers of online and vir-
tual training services to qualify as eligible training 
providers, such as physical presence requirements; 
and 
(6) all State governments, State workforce 
boards, and local workforce boards should move 
promptly to make programs of online and virtual 
training services available to individuals residing in 
their areas. 
SEC. 5. DEFINITIONS. 
Except as otherwise provided, the terms in this Act 
have the meanings given the terms in section 3 of the 
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