Establishment of American Workforce Division

(a) Establishment There is established in the Economic Development Administration of the Department of Commerce an American Workforce Division that administers, subject to the availability of appropriations, the American workforce program established under section 4(a). (b) Director (1) In general The American Workforce Division shall be headed and administered, in accordance with the provisions of this Act, by a Director. The Director shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report directly to the Secretary and shall perform, in addition to any functions specified in law for or required to be delegated to such officer, such additional functions as the Secretary may prescribe. (2) Qualifications The Director shall have significant experience in the private sector. (3) Authority before confirmation Until the initial appointment of an individual to the position of Director, by and with the advice and consent of the Senate, and, thereafter, if the individual serving as the Director dies, resigns, or is otherwise unable to perform the functions and duties of the office of the Director, the Secretary of Commerce shall designate an officer or employee of the Department of Commerce to perform the functions and duties of the Director under this Act temporarily in an acting capacity. (c) Responsibilities of the Director The Director shall be responsible for each of the following: (1) Reviewing, and approving or disapproving, each proposed American workforce contract received by the Director not later than 1 month after the date of receipt of the proposed contract. (2) (A) Maintaining records of American workforce contracts and ensuring compliance with the contracts. (B) Publishing a standardized template for American workforce contracts, which template shall not exceed 3 pages, and shall be used by prospective trainees and employers to draft a proposed American workforce contract to submit to the Director for review and approval. (3) In accordance with subsection (d), receiving complaints, carrying out investigations, and taking disciplinary and corrective action. (4) In accordance with subsection (e), making determinations and taking disciplinary and corrective action. (5) Coordinating activities with State governments and local governments to— (A) publicize the opportunity to receive workforce education subsidies for workforce projects, with employers in high-wage, high-demand industries and occupations; and (B) encourage employers to recruit students from secondary schools to participate in the workforce projects. (6) Developing and maintaining a comprehensive, publicly accessible, and user-friendly website to allow employers from each State to simply indicate their demand for workers in their industry or occupation, post it online, and accept applications for training from prospective trainees and ensures prospective trainees can easily search and compare options. (7) Preparing 5- and 10-year reports under section 6, and submitting the reports to Congress. (8) (A) Collecting, on an ongoing basis, up-to-date contact information, including an email, phone number, and mailing address, for each employer participating in a workforce project in the American workforce program. (B) Annually collecting the following information about the American workforce program: (i) The total number of new and continuing trainees training in each workforce project under an American workforce contract. (ii) The annual completion rate for trainees, calculated by comparing the number of trainees in a designated American workforce program cohort who successfully completed a workforce project with an employer and were hired as full-time regular employees by the same employer, with the number of trainees in that cohort who began participating in a workforce project. (iii) The annual rate of trainees who successfully completed a workforce project with an employer but were not hired as full-time regular employees by the same employer compared with the number of trainees who began participating in a workforce project. (iv) The median length of time for workforce project completion. (v) A survey conducted by the Director, based on a random sample and designed to generate statistically significant results, to estimate the post-American workforce program employment retention rate for former trainees, calculated 1 and 2 years after completion of a workforce project, broken down by— (I) former trainees who are employed by the employer with whom they completed their workforce project; (II) former trainees employed in the same industry or occupation as the industry or occupation in which they completed that workforce project, but by a different employer; and (III) former trainees who are employed, but in an industry or occupation that is not the industry or occupation described in subclause (II). (vi) The credentials attained by trainees through the American workforce program, broken down by type (such as competency-based credentials, certifications, and licenses) and the number of such credentials attained. (vii) The annualized average earnings of former trainees, calculated over a significant time period after completion of a workforce project. (viii) Median and mean workforce education subsidy provided per trainee. (ix) Basic demographic information, such as age, sex, and area of residence, on trainees. (d) Whistleblower complaints (1) Complaint A trainee (including an employee participating as a trainee) in a workforce project may file a complaint with the Director alleging that the employer involved is not complying with the terms of the American workforce contract involved. (2) Preliminary determination The Director shall begin an investigation into the complaint within 1 month after the date of receipt of the complaint. Not later than 90 days after the beginning of the investigation, if the Director determines that there is clear and convincing evidence that the complaint is valid, the Director shall make a preliminary determination on disciplinary or corrective action. (3) Notice and opportunity to respond If the Director makes a preliminary determination under paragraph (2) of noncompliance, the Director shall provide the employer with reasonable notice and opportunity to respond to the preliminary determination. (4) Disciplinary or corrective action Disciplinary or corrective action under this subsection may consist of— (A) issuing to the employer a warning or temporary suspension, of not more than 5 years, from participation in the American workforce program; and (B) assessing a civil penalty against the employer of not more than the amount of funds received by the employer through workforce education subsidies during the past 2 years. (5) Appeal If the Director so determines that the appropriate disciplinary or corrective action includes a suspension, the employer shall have 90 days to appeal the validity of the disciplinary or corrective action to the Director, with mandatory review by the Secretary of Commerce. (6) Final determination After such mandatory review, the Director shall make a final determination on the validity and on the appropriate disciplinary or corrective action, contingent on approval from the Secretary of Commerce. (e) Noncompliance determinations (1) Accountability The Director— (A) may, in order to make a preliminary determination about whether there is clear and convincing evidence that employers participating in workforce projects are complying with the terms of the American workforce contracts involved and meeting the requirements of the American workforce program— (i) demand and review relevant materials from the employers; and (ii) conduct random, periodic compliance reviews of workforce projects; and (B) shall review information in public disclosure documents submitted under section 4(g), including reviewing completion rates provided under section 4(g)(2)(A) to make a preliminary determination about whether there is clear and convincing evidence that employers are participating in a workforce project with a completion rate below 25 percent over 4 years. (2) Notice and opportunity to respond If the Director makes a preliminary determination under paragraph (1) of noncompliance or participation in a workforce project described in paragraph (1)(B), the Director shall provide the employer with reasonable notice and opportunity to respond to the preliminary determination. (3) Warning or civil penalty (A) In general The Director may, at the discretion of the Director, issue a warning to or assess a civil penalty against an employer if, after carrying out paragraph (2), the Director makes a final determination that there is clear and convincing evidence that— (i) the employer is participating in a workforce project described in paragraph (1)(B); or (ii) the employer is violating the terms of an American workforce contract or the requirements of the American workforce program. (B) Calculation of civil penalty A civil penalty assessed under subparagraph (A) shall be in an amount that is not more than the amount of funds received by the employer through workforce education subsidies during the past 2 years. (4) Suspension The Director may, at the discretion of the Director, temporarily suspend an employer from the American workforce program for not more than 5 years if, after carrying out paragraph (2), the Director makes a final determination that there is clear and convincing evidence that— (A) the employer is participating in a workforce project described in paragraph (1)(B); or (B) the employer is consistently or egregiously violating the terms of an American workforce contract or the requirements of the American workforce program. (f) Interference with proceedings or inquiries It shall be unlawful for any employer to discharge or in any other manner discriminate against any trainee because such trainee— (1) has filed any complaint under subsection (d); (2) has given, or is about to give, any information in connection with any inquiry or proceeding under this Act (including any inquiry or proceeding under subsection (d) or (e)); or (3) has testified, or is about to testify, in any such inquiry or proceeding under this Act.