Worker Adaptation and Training Program

(a) Definitions In this section: (1) Covered worker The term covered worker means a worker whom the Secretary determines— (A) has attested that— (i) the worker's employment (or, for a recent graduate, their planned employment) has been terminated or otherwise impacted by the adoption of covered technology rather than for cause; and (ii) (I) for a worker who is not a recent graduate, the termination or impact occurred within the 1-year period ending on the date of the determination under this paragraph; or (II) the worker is a recent graduate as of the date of the determination under this paragraph; or (B) is employed, or otherwise engaged in labor or services for remuneration, in a position that is an at-risk occupation listed in the most recently published list under section 7(a)(2). (2) Employment The term employment includes engagement in labor or services for remuneration without regard to whether the individual performing the labor or services is an employee. (3) In-demand industry sector or occupation The term in-demand industry sector or occupation has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (4) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (5) Local area; local board; one-stop operator The terms local area, local board, and one-stop operator have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act. (6) Recent graduate The term recent graduate means an individual who has successfully completed all requirements for a postsecondary degree, diploma, certificate, or recognized vocational or professional training program at an institution of higher education during the preceding 1-year period. (7) Registered apprenticeship The term registered apprenticeship means an apprenticeship 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.). (8) Secretary The term Secretary means the Secretary of Labor. (9) State agency The term State agency has the meaning given the term in section 2 of the Wagner-Peyser Act (29 U.S.C. 49a). (10) State board; training services The terms State board and training services have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act. (11) Worker The term worker includes an employee, an independent contractor, a gig worker, an unemployed individual, and a recent graduate. (b) General authority (1) In general The Secretary of Labor shall establish and administer, within the United States Employment Service, a Worker Adaptation and Training Program (referred to in this section as the Program), through which the Secretary shall provide each eligible worker as determined under subsection (d)(1) participating in the Program the services and support described in subsection (d)(3). (2) Administration In administering the Program, the Secretary shall, to the maximum extent practicable and, as applicable, through agreements with State agencies, State boards, local boards, and one-stop operators, deliver such services and support through existing workforce development infrastructure, including one-stop delivery systems under section 121 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151) and State employment service offices. (c) In-Demand industry sectors and occupations (1) Review In consultation with the Assistant Secretary of Labor for Employment and Training and the Commissioner of Labor Statistics, the Secretary shall— (A) review the in-demand industry sectors and occupations specified in State plans under section 102(b)(1)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112(b)(1)(A)(i)); and (B) actively monitor the skill needs for such sectors and occupations and corresponding relevant opportunities for training services. (2) Retraining projects As a result of the review under paragraph (1), the Secretary shall utilize available funding under this Act to create new, or to expand or supplement existing, retraining projects with training services in in-demand industry sectors or occupations, including in various local areas, to train participants in the Program for labor market needs. (3) Directory In carrying out this section, the Secretary shall maintain a directory of retraining projects described in this subsection, and actively work to place participants in the Program in those projects. (4) Collaboration In carrying out this subsection, the Secretary shall collaborate with labor-management partnerships and labor organizations, and assist in the creation of such partnerships and labor organization-run retraining projects, including registered apprenticeships. (d) Eligible workers (1) Applications To be eligible to participate in the Program, a worker shall— (A) be actively seeking employment, on the date on which the worker submits an application under subparagraph (B); and (B) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (i) information on their work experience, including their title, job responsibilities, and work location, on their educational history, and on their dependents; and (ii) attestations that— (I) the worker is a covered worker; (II) the worker will be either receiving training services or actively seeking employment while in the Program; and (III) the worker is not receiving unemployment compensation under Federal or State law, or will stop receiving such compensation if accepted to participate in the Program. (2) Decision on applications Not later than 30 days after receiving an application under paragraph (1)(B), the Secretary shall review, and approve or deny, the application. (3) Services and support A participant in the Program shall receive— (A) individual career counseling, which may include staff-assisted services described in section 652.207(b)(2)(iii) of title 20, Code of Federal Regulations, and provided under section 7 of the Wagner-Peyser Act (29 U.S.C. 49f); (B) retraining in an in-demand industry sector or occupation through training services (in which the participant may immediately enroll once approved for participation in the Program); (C) if relocation is required for participation in the Program or for placement in qualified employment as described in paragraph (5)(A), a one-time payment of relocation assistance in an amount of not more than $10,000 (which maximum amount shall be adjusted each year for inflation beginning 1 year after the date of enactment of this Act); (D) when not placed in qualified employment as described in paragraph (5)(A), financial assistance, to be known as New Foundations Support Payments, which shall be made monthly and in an amount that, calculated annually— (i) in the case of a recent graduate, shall be not more than the State median wage for the State in which the participant resides; and (ii) in the case of a participant who is not a recent graduate, shall be not more than 85 percent of the participant's income in the full calendar year preceding— (I) in the case of a worker described in subsection (a)(2)(A)(ii)(I), the date of the termination or impact involved; or (II) in the case of a worker described in subsection (a)(2)(B), the date on which the worker applies for participation in the Program; (E) at the option of the State in which the participant resides, medical assistance for the participant and dependents of the participant under the State plan (or a waiver of such plan) under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), in accordance with the amendments made by paragraph (4); (F) if applicable, wage replacement assistance in accordance with paragraph (5)(B); and (G) ongoing information from the Secretary on entrepreneurship resources provided by the Small Business Administration, including information related to— (i) the loan and grant programs of the Small Business Administration, including the business loan and microloan programs under subsections (a) and (m), respectively, of section 7 of the Small Business Act (15 U.S.C. 636), and applicable set-aside funds for participants in the Program; and (ii) assistance provided by resource partners of the Small Business Administration, including— (I) small business development centers described in section 21 of the Small Business Act (15 U.S.C. 648); (II) women's business centers described in section 29 of that Act (15 U.S.C. 656); (III) the Service Corps of Retired Executives under section 8(b)(1) of that Act (15 U.S.C. 637(b)(1)); and (IV) the Veteran Business Outreach Centers described in section 32 of that Act (15 U.S.C. 657b). (4) Optional Medicaid coverage for WATP participants and their dependents (A) In general Section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended— (i) in subclause (XXII), by striking or after the semicolon; (ii) in subclause (XXIII), by inserting or after the semicolon; and (iii) by inserting after subclause (XXIII) the following: (XXIV) who are described in subsection (zz) (relating to participants in the Worker Adaptation and Training Program and their dependents);. (B) Group described Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following: (zz) WATP participants and dependents (1) In general Individuals described in this subsection are individuals who— (A) are not described in subsection (a)(10)(A)(i); (B) are participants in the Worker Adaptation and Training Program established in section 4 of the FUTURE of Workers Act who, subject to paragraph (2), have not been placed in qualified employment (as described in section 4(d)(5)(A) of such Act) or are dependents of such participants; and (C) are not otherwise covered under creditable coverage, as defined in section 2704(c) of the Public Health Service Act. (2) Extension of eligibility for 6 months after placement in qualified employment An individual described in paragraph (1), and any dependent of such an individual, for whom a State has elected to provide medical assistance under the State plan approved under this title (or a waiver of such plan) shall remain eligible for medical assistance during the 6-month period that begins on the date the individual is placed in, and begins, qualified employment (as described in section 4(d)(5)(A) of the FUTURE of Workers Act), without any reapplication for benefits under the State plan (or waiver).. (C) Exclusion from income limitation Section 1903(f)(4) of the Social Security Act (42 U.S.C. 1396b(f)(4)) is amended by inserting 1902(a)(10)(A)(ii)(XXIV), after 1902(a)(10)(A)(ii)(XXII),. (D) Definition of medical assistance Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended in the matter preceding paragraph (1)— (i) in clause (xvii), by striking or after such subsection; (ii) in clause (xviii), by inserting or after age; (iii) by inserting after clause (xviii) the following: (xiv) individuals described in section 1902(zz),; and (iv) by realigning the left margins of clauses (xvi) and (xviii) so they align with the left margin of clause (xvii). (E) Presumptive eligibility option Section 1920(e) of such Act (42 U.S.C. 1396r–1(e)) is amended by striking or clause (ii)(XX) and inserting clause (ii)(XX), or clause (ii)(XXIV). (5) Wage replacement assistance (A) Qualified employment For purposes of this subparagraph, a participant or former participant of the Program shall be considered to be placed in qualified employment if— (i) the individual is a participant who receives training services through an employment position in the Program, such as a registered apprenticeship or on-the-job training position; or (ii) the individual is a former participant who, after receiving training services through the Program that prepare the individual for a position in an in-demand industry sector or occupation, is placed in such a position. (B) Payments (i) In general Except as provided in clause (ii), in the case of an individual who is placed in qualified employment as described in subparagraph (A) and is not a recent graduate, the Secretary shall pay to such individual— (I) for each of the first 3 years of the qualified employment, 75 percent of the difference between— (aa) the wages received by the individual for the position of such qualified employment for such year; and (bb) wages received by the individual calculated for 1 year based on— (AA) in the case of a worker described in subsection (a)(2)(A)(ii)(I), the annual rate of wages of the individual for the position to which the termination or impact involved applies as of the date of such termination or impact; or (BB) in the case of a worker described in subsection (a)(2)(B), the annual rate of wages of the individual for the position described in such subsection as of the date on which the worker applies for participation in the Program; (II) for the fourth year of the qualified employment, 50 percent of such difference; and (III) for the fifth year of the qualified employment, 25 percent of such difference. (ii) Limitation No payment shall be made under this subparagraph to an individual for a year if, for that year, the individual received an amount in wages for the position of the qualified employment that is equal to or more than the amount in wages received by the individual calculated for 1 year based on— (I) in the case of a worker described in subsection (a)(2)(A)(ii)(I), the annual rate of wages of the individual for the position to which the termination or impact involved applies as of the date of such termination or impact; or (II) in the case of a worker described in subsection (a)(2)(B), the annual rate of wages of the individual for the position described in such subsection as of the date on which the worker applies for participation in the Program. (C) State or local government employers (i) In general If an individual described in subparagraph (A) is placed in qualified employment with a State or local government, the Secretary shall, for a period of 5 years beginning on the date of the placement, pay to the corresponding government 25 percent of the cost of their wages and fringe benefits. (ii) Nondisplacement A State or local government shall not receive payments under clause (i) with respect to an individual described in subparagraph (A) placed in qualified employment with the State or local government if— (I) employing the individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employment benefits) of an existing employee or position of the employer; (II) the individual will assume any of the duties or responsibilities of an employee who is participating in a strike, collective bargaining, or activities for representation by a labor organization; (III) employing the individual infringes upon the promotional opportunities of an existing employee of the employer; or (IV) the individual will perform the same work or substantially the same work as that performed by any employee who has been laid off or partially displaced and has not received an offer from the employer to be restored to the position the employee had immediately prior to being laid off or partially displaced. (D) Collective bargaining agreements In the case an individual described in subparagraph (A) is placed in qualified employment in position that is covered by a collective bargaining agreement, nothing in this section shall alter the applicability of any wage or benefit requirements of such collective bargaining agreement with respect to such position. (6) Period Except as provided in paragraph (5), a participant may participate in the Program, and receive the services and support described in this subsection for a participant, for not more than 3 years. (7) Loans and grants from the Small Business Administration For purposes of subparagraphs (A) and (B)(ii)(II) of paragraph (1), an individual who receives a loan or grant from the Small Business Administration, including under the business loan and microloan programs established under subsections (a) and (m), respectively, of section 7 of the Small Business Act (15 U.S.C. 636), shall be deemed, for the 1-year period following the receipt of such loan or grant, to be actively seeking employment. (e) Advisory Committee (1) Establishment The Secretary shall establish in the Department of Labor the Worker Adaptation and Training Advisory Committee (referred to in this section as the Committee). (2) Membership The Committee shall be composed of— (A) 3 representatives of labor organizations, appointed by the Secretary; (B) 2 representatives of businesses, with management authority, appointed by the Secretary; (C) 2 representatives from State boards or local boards; (D) the Director of the Office of Personnel Management; (E) the Director of the National Institute of Standards and Technology; and (F) the Director of the National Science Foundation. (3) Duties The Committee shall make recommendations to the Secretary on the placement of workers in retraining projects under the Program. (4) Personnel matters (A) Compensation of members Except as provided in subparagraph (B), no member of the Committee may be compensated for their service on the Committee. (B) Travel expenses A member of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. (C) Staff (i) In general The Committee may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Committee to perform its duties, except that the employment of an executive director shall be subject to confirmation by the Committee. (ii) Compensation The Committee may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (5) Permanent committee Section 1013 of title 5, United States Code, shall not apply to the Committee. (f) Direct hire authority The Secretary may appoint individuals to positions necessary to administer the Program without regard to any of sections 3309 through 3318 of title 5, United States Code. (g) State unemployment insurance records For purposes of assisting in eligibility determinations and calculating payments under this section, the Secretary shall obtain and use quarterly wage information from State unemployment insurance wage records. (h) Metrics system The Secretary shall establish a metrics system for measuring the success of the Program. (i) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $60,000,000,000 for each fiscal year. (2) Reservation Of the amount appropriated under paragraph (1) for a fiscal year, the Secretary shall reserve not more than 5 percent to administer the Program, including for entering into agreements with State agencies, State boards, local boards, and one-stop operators for intake, counseling, and other services and support under this section. (j) Amendment to Workforce Innovation and Opportunity Act Section 121(b)(1)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151(b)(1)(B)) is amended— (1) in clause (xii), by striking; and and inserting a semicolon; (2) in clause (xiii), by striking the period at the end and inserting; and; and (3) by adding at the end the following: (xiv) services and support provided through the Worker Adaptation and Training Program under section 4 of the FUTURE of Workers Act..