II 118th CONGRESS 1st Session S. 3226 IN THE SENATE OF THE UNITED STATES November 2, 2023 Mr. Markey (for himself, Mr. Van Hollen , Mr. Whitehouse , Mr. Cardin , and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Labor to establish an offshore wind career training grant program, and for other purposes.

1. Short title This Act may be cited as the Offshore Wind Jobs and Opportunity Act . 2. Offshore wind career training grant program (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Health, Education, Labor, and Pensions of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Education and the Workforce of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (2) Community college The term community college has the meaning given the term junior or community college in section 312 of the Higher Education Act of 1965 ( 20 U.S.C. 1058 ). (3) Dislocated worker The term dislocated worker has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (4) Eligible entity The term eligible entity means an entity that is— (A) an institution of higher education; (B) a labor organization; (C) a maritime center of excellence; or (D) a nonprofit organization the primary mission of which is to provide education and training to meet the needs of maritime professionals and the United States maritime industry. (5) Grant program The term grant program means the grant program established under subsection (d). (6) Grantee The term grantee means an eligible entity that has received a grant under this section. (7) Individual with a barrier to employment The term individual with a barrier to employment has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (8) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (9) Lead applicant The term lead applicant means the eligible entity that is primarily responsible for the preparation, conduct, and administration of the project for which a grant is awarded under this section. (10) Maritime center of excellence The term maritime center of excellence means a center of excellence for domestic maritime workforce training and education designated by the Secretary of Transportation under section 51706(a) of title 46, United States Code. (11) Qualified intermediary The term qualified intermediary has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (12) Recognized postsecondary credential The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (13) Registered apprenticeship program The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”) (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (14) Secretary The term Secretary means the Secretary of Labor. (15) United States maritime industry The term United States maritime industry means— (A) all segments of the maritime-related transportation system of the United States, including in— (i) domestic trade; (ii) foreign trade; and (iii) coastal, offshore, and inland waters; (B) non-commercial maritime activities, such as pleasure boating and marine sciences (including all scientific research vessels); and (C) all industries that support offshore wind development, including vessel construction and repair, vessel operations, ship logistics supply, berthing, port operations, port intermodal operations, marine terminal operations, vessel design, marine brokerage, marine insurance, marine financing, chartering, maritime-oriented supply chain operations, and maritime-oriented research and development. (16) Veteran The term veteran has the meaning given the term in section 101 of title 38, United States Code. (b) Identification of educational and career training needs Not later than 120 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Energy, representatives from the offshore wind industry, the United States maritime industry, eligible entities, including eligible entities that are community colleges and labor organizations, State and local governments, ports, and nonprofit organizations, shall identify educational and career training needs with respect to the offshore wind industry, including needs relating to manufacturing, construction, installation, operation, vessels, engineering training and education, and maintenance activities. (c) Guidelines Not later than 180 days after the date of enactment of this Act, the Secretary shall— (1) issue guidelines for the submission of grant proposals under this section, which shall include a list of the educational and career training needs identified under subsection (b); and (2) publish and maintain the guidelines described in paragraph (1) on a public website of the Secretary. (d) Establishment of grant program Not later than 1 year after the date of enactment of this Act and in consultation with the Secretary of Energy, the Secretary shall establish a grant program under which the Secretary may award offshore wind career training grants to eligible entities for the purpose of developing, offering, or improving educational or career training programs that provide individuals who are enrolled in those programs with skills that are necessary for employment in the offshore wind industry or the United States maritime industry. (e) Allocation of grants (1) Limitation on grant quantity and size In carrying out this section, the Secretary may not award to an eligible entity— (A) more than 1 grant for which the eligible entity is the lead applicant; or (B) a grant that is in an amount that is more than $2,500,000. (2) Allocation to entities with registered apprenticeship programs The Secretary shall ensure that, in a fiscal year, not less than 25 percent of the total amount that the Secretary awards in grants under this section is awarded to eligible entities that sponsor registered apprenticeship programs. (3) Allocation of construction and maintenance grants To the maximum extent practicable, the Secretary shall ensure that grants relating to construction and maintenance career training are reserved for— (A) eligible entities that sponsor a registered apprenticeship program or offer a pre-apprenticeship program that facilitates entry into a registered apprenticeship program; and (B) eligible entities that are participating in a joint labor-management partnership. (f) Partnerships An eligible entity seeking to receive a grant under this section may partner with 1 or more of the following: (1) Another eligible entity, including an eligible entity that is— (A) a community college; or (B) participating in a joint labor-management partnership. (2) A State or local government agency responsible for education, workforce development, or offshore wind energy activities. (3) A nonprofit organization. (4) A provider who is an eligible provider of training services under section 122 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152 ). (g) Use of grant An eligible entity may use a grant awarded under this section to carry out— (1) occupational skills training, including curriculum and career pathway development, on-the-job training, safety and health training, and classroom training; (2) incumbent worker and career ladder training and retraining, including skill upgrading and transitional job strategizing; (3) individual referral and tuition assistance for a training program through which an individual may attain a recognized postsecondary credential; (4) customized training in conjunction with an existing registered apprenticeship program or pre-apprenticeship program, paid internship, or joint labor-management partnership; and (5) other activities that the Secretary, in consultation with the Secretary of Energy, determines meet the purposes of this section. (h) Submission procedure for grant proposals An eligible entity seeking to receive a grant under this section shall submit a grant proposal to the Secretary at such time, in such manner, and, in accordance with the guidelines issued under subsection (c)(1), containing such information as the Secretary may require. (i) Criteria for award of grants (1) In general Subject to the availability of appropriations, the Secretary may award a grant under this section only after an evaluation of— (A) the merits of the grant proposal with respect to the grant; (B) the employment opportunities or projected employment opportunities, including the projected wages, benefits, future skill and career advancement opportunities, job security, and working conditions available to individuals who complete the educational or career training program that the eligible entity applying for the grant proposes to develop, offer, or improve; (C) the recruitment practices of the educational or career training program that the eligible entity applying for the grant proposes to develop, offer, or improve to ensure such practices are free from discrimination and that unnecessary educational, credential, or experience requirements are minimized; (D) the availability and capacity of existing educational or career training programs in the community served by the eligible entity applying for the grant to meet future demand for the educational or career training programs; and (E) the employment opportunities or projected employment opportunities for members of groups that have been historically underserved in the engineering and construction of energy facilities or the engineering and manufacture of energy facility components. (2) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that— (A) are— (i) institutions of higher education that have formed partnerships with labor organizations; (ii) labor organizations that have formed partnerships with institutions of higher education; (iii) nonprofit organizations described in subsection (a)(4)(D) that primarily serve members of a maritime labor organization; or (iv) labor organizations that support, sponsor, partner with, or are otherwise affiliated with a nonprofit organization described in that subsection; (B) have entered into a memorandum of understanding with 1 or more employers in the offshore wind industry or the United States maritime industry to partner on the establishment or expansion of the educational or career offshore wind training program that the eligible entity applying for the grant proposes to develop, offer, or improve; or (C) will use the grant funds to assist individuals who are— (i) dislocated workers or mariners, with a focus on workers or mariners displaced from the offshore oil and gas, onshore fossil fuel, nuclear energy, or fishing industry; (ii) veterans, members of the reserve components of the Armed Forces, or former members of those reserve components; or (iii) individuals with a barrier to employment. (j) Matching requirements A grant awarded under this section may not be used to satisfy any non-Federal funds matching requirement under any other provision of law. (k) Grantee data collection (1) In general A grantee shall collect and report to the Secretary on an annual basis the following information regarding the educational or career training program for which the grantee receives a grant under this section: (A) The number of participants enrolled in the educational or career training program (referred to in this subsection as participants ). (B) The number of participants that completed the educational or career training program during the previous 1-year period. (C) The services received in the educational or career training program by the participants, including a description of training, educational, and supportive services. (D) The amount of grant funds expended by the grantee per participant. (E) The rate of job placement of participants in the offshore wind industry, the United States maritime industry, or related fields that have completed the educational or career training program. (F) The rate at which participants are retained in positions of employment 1 year after the date on which the participant has completed the program. (G) The percentage of participants enrolled in the educational or career training program who obtain a recognized postsecondary credential or a secondary school diploma or its recognized equivalent not later than 1 year after exiting the program. (H) The wage amount of participants 1 year after program completion. (2) Disaggregation of data The data collected and reported under this subsection shall be disaggregated by— (A) each population specified in subparagraphs (A) through (M) of section 3(24) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(24) ); (B) race; (C) ethnicity; (D) sex; and (E) age. (3) Data collection assistance The Secretary shall assist grantees in the collection of data under this subsection— (A) by making available, in coordination with the Secretary of Energy and where practicable, low-cost means of tracking the labor market outcomes of participants; and (B) by providing standardized reporting forms, where appropriate. (l) Technical and oversight assistance The Secretary shall provide technical assistance and oversight— (1) to assist eligible entities in applying for grants under this section; and (2) to assist grantees in administering grants received under this section. (m) Reporting requirements (1) Initial report Not later than 18 months after the date on which the grant program is established, the Secretary shall submit to the appropriate committees of Congress an initial report describing the results of the grant program, including a description of— (A) the grantees that were awarded a grant under this section; and (B) the activities for which the grantees described in subparagraph (A) used a grant awarded under this section. (2) Additional reports Not later than 2 years after the date on which the initial report is submitted under paragraph (1), and every 2 years thereafter, the Secretary shall submit to the appropriate committees of Congress a report describing the results of the grant program for the 2-year period preceding the report. (n) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2024 through 2028. (2) Administrative expenses The Secretary may use not more than 4 percent of the amount appropriated under paragraph (1) for each fiscal year for administrative expenses, including expenses relating to providing technical assistance and oversight activities under subsection (l).