S.Amdt. 1648
What it does: Adds SEC. ___. CONSTRUCTION CAREERS DEMONSTRATION PROJECT at the end of subtitle E of title IWhat it changes
1 change to S. 1813 · shown in the bill's text
Adds SEC. ___. CONSTRUCTION CAREERS DEMONSTRATION PROJECT at the end of subtitle E of title I
Adds a sectionIn S. 1813 · Reported to Senate
(c) Optional Training Program.--As a condition of entering into a contract for an eligible bridge project, each contractor and subcontractor that performs construction, alteration, or repair work on a bridge or overpass for the eligible bridge project may provide, or make available, training, through a qualified training program, for each applicable craft or trade classification of employees that the contractor or subcontractor intends to employ to carry out aspects of eligible bridge projects as described in subsection (b)(2).
Inserted: SEC. ___. CONSTRUCTION CAREERS DEMONSTRATION PROJECT.
Inserted: (a) Definitions.--In this section, the following definitions apply:
Inserted: (1) Demonstration project.--The term "demonstration project" means the construction careers demonstration project established under subsection (b)(1).
Inserted: (2) Eligible project.--The term "eligible project" means any of the projects described in and identified by the Secretary under subsection (c)(1), and for which terms and conditions are set forth under subsection (c)(2), that--
Inserted: (A) is requested for inclusion in the demonstration project by the State or local recipient of Department assistance through written communication to the Secretary;
Inserted: (B) is estimated to have a total cost (including all sources of funding) of more than $25,000,000; and
Inserted: (C) would be constructed in a labor market area (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) for which a project-wide proportion of 15 percent of work hours to be performed by targeted workers is practical and attainable.
Inserted: (3) Qualified preapprenticeship program.--The term "qualified preapprenticeship program" means a preapprenticeship training program that the Secretary of Labor, after consultation with stakeholders, determines--
Inserted: (A) has demonstrated an ability to recruit, train, and prepare for admission to registered apprenticeship programs individuals who are targeted workers;
Inserted: (B) has a written arrangement with at least 1 registered apprenticeship program to assist in recruitment and preparation of workers for application to that apprenticeship program; and
Inserted: (C) uses a training curriculum that does not include on-the-job training.
Inserted: (4) Registered apprenticeship program.--
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Inserted: (A) In general.--The term "registered apprenticeship program" means an apprenticeship program registered with the Office of Apprenticeship of the Department of Labor, or with a State apprenticeship agency recognized by that Office of Apprenticeship, for purposes of regulation of apprenticeship programs pursuant to Federal law (including regulations).
Inserted: (B) Exclusions.--The term "registered apprenticeship program" does not include any program that maintains provisional registration status.
Inserted: (5) Targeted worker.--The term "targeted worker" means an individual who--
Inserted: (A) resides in the same labor market area (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) in which a project is to be carried out;
Inserted: (B)(i)(I) is a member of a targeted group within the meaning of section 51 of the Internal Revenue Code of 1986; or
Inserted: (II) resides in a census tract in which not less than 20 percent of the households have incomes below the Federal poverty guidelines; and
Inserted: (ii) is a member of a family with a total family income that, during the 2-year period prior to employment on the project, did not exceed 200 percent of the Federal poverty guidelines (exclusive of unemployment compensation, child support payments, payments described in section 101(25)(A) of the Workforce Investment Act (29 U.S.C. 2801(25)(A)), and old-age and survivors insurance benefits received under section 202 of the Social Security Act (42 U.S.C. 402)); or
Inserted: (C) is a displaced homemaker (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
Inserted: (6) Workforce entity.--The term "workforce entity" means--
Inserted: (A) a qualified preapprenticeship program;
Inserted: (B) a workforce investment board established pursuant to section 111 of the Workforce Investment Act of 1998 (29 U.S.C. 2821); and
Inserted: (C) a community-based organization with a track record of working with targeted workers.
Inserted: (b) Establishment and Authority.--
Inserted: (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor, shall, by regulation and through the use of guidance, establish a construction careers demonstration project in accordance with this section.
Inserted: (2) Purpose.--The purposes of the demonstration project shall be--
Inserted: (A) to promote middle class careers and quality employment practices in the construction sector among targeted workers; and
Inserted: (B) to advance efficiency and performance on eligible projects.
Inserted: (c) Role of Secretary.--To achieve the purposes described in subsection (b)(2), the Secretary shall--
Inserted: (1) consult with State and local funding recipients to identify up to 20 projects per year that are directly funded or assisted, in whole or in part, by or through--
Inserted: (A) the Federal Highway Administration;
Inserted: (B) the Federal Transit Administration; and
Inserted: (C) any other agency within the Department of Transportation;
Inserted: (2) establish such terms and conditions for eligible projects as the Secretary, in consultation with the Secretary of Labor, determines are necessary to achieve those purposes and meet the requirements set forth in this section;
Inserted: (3) for each included eligible project, in consultation with the Secretary of Labor and the State or local funding recipient, evaluate local labor market conditions and specify a proportion of overall construction work hours to be performed by targeted workers, and include such specification in the terms and conditions applicable to that project;
Inserted: (4) require contractors performing construction services on included eligible projects to comply with the terms and conditions of the Secretary, and the requirements of this section, as conditions on the receipt by the project of Federal funding or assistance; and
Inserted: (5)(A) not later than 3 years after the date on which the first eligible project under the demonstration project is identified under this subsection, evaluate the demonstration project in light of the purposes of this section; and
Inserted: (B) if the Secretary determines that the demonstration project has advanced the goals set forth in this section, identify such additional eligible projects as the Secretary determines are appropriate for inclusion in the demonstration project.
Inserted: (d) GAO Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General shall prepare and submit to the Committees on Transportation and Infrastructure and Education and the Workforce of the House of Representatives and the Committees on Banking, Health, Education, Labor and Pensions, Environment and Public Works, and Commerce, Science, and Transportation of the Senate, a report that describes the results of the demonstration project, including outcomes relating to training and employment placement, and any appropriate recommendations.
Inserted: (e) Construction Careers Pathways.--Each contractor and subcontractor that seeks to provide construction services on eligible projects shall submit adequate assurances with a bid or proposal that, for each craft or trade classification of worker that the contractor or subcontractor intends to employ to perform work on the eligible project, the contractor or subcontractor participates in a registered apprenticeship program.
Inserted: (f) Preapprenticeship Training.--In order to advance the purposes of this section, on each eligible project included in the demonstration project, up to 1 percent of total project funds shall be used to support--
Inserted: (1) training through qualified preapprenticeship programs to targeted workers interested in enrolling in registered apprenticeship programs; and
Inserted: (2) community-based organizations in recruiting targeted workers to participate in registered apprenticeship programs or preapprenticeship training programs.
Inserted: (g) Engagement of Qualified Preapprenticeship Programs.--In order to advance the purposes of this section, the recipient of Federal funding or assistance, or other public entity awarding contracts for construction of the eligible project shall--
Inserted: (1) on each eligible project included in the demonstration project, engage local workforce entities to assist contractors in satisfying the targeted hiring requirements of the eligible project by--
Inserted: (A) identifying and training targeted workers who are not currently enrolled in registered apprenticeship programs; and
Inserted: (B) developing relationships with local registered apprenticeship programs; and
Inserted: (2) before commencement of construction on the eligible project, convene contractors, workforce entities, and registered apprenticeship programs to facilitate programmatic relationships.
Inserted: (h) Small- and Disadvantaged-business Requirements.--Terms and conditions applicable to eligible projects shall require recipients and contractors to comply with all applicable federally mandated small- and disadvantaged-business requirements for contracting, subcontracting, and procurement.
Inserted: (i) Limitation.--This section shall not apply to any project funded under this Act in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, or the United States Virgin Islands, unless participation is requested by the Governor of the territory by not later than the date that is 1 year after the effective date of the regulations promulgated under subsection (j).
Inserted: (j) Regulations.--The Secretary, in consultation with the Secretary of Labor, shall promulgate such regulations as are necessary to carry out this section.
Original wording
At the end of subtitle E of title I, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1648. Mrs. GILLIBRAND submitted an amendment intended to be proposed by her to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title I, add the following:
SEC. ___. CONSTRUCTION CAREERS DEMONSTRATION PROJECT.
(a) Definitions.--In this section, the following definitions apply:
(1) Demonstration project.--The term “demonstration project” means the construction careers demonstration project established under subsection (b)(1).
(2) Eligible project.--The term “eligible project” means any of the projects described in and identified by the Secretary under subsection (c)(1), and for which terms and conditions are set forth under subsection (c)(2), that--
(A) is requested for inclusion in the demonstration project by the State or local recipient of Department assistance through written communication to the Secretary;
(B) is estimated to have a total cost (including all sources of funding) of more than $25,000,000; and
(C) would be constructed in a labor market area (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) for which a project-wide proportion of 15 percent of work hours to be performed by targeted workers is practical and attainable.
(3) Qualified preapprenticeship program.--The term “qualified preapprenticeship program” means a preapprenticeship training program that the Secretary of Labor, after consultation with stakeholders, determines--
(A) has demonstrated an ability to recruit, train, and prepare for admission to registered apprenticeship programs individuals who are targeted workers;
(B) has a written arrangement with at least 1 registered apprenticeship program to assist in recruitment and preparation of workers for application to that apprenticeship program; and
(C) uses a training curriculum that does not include on-the-job training.
(4) Registered apprenticeship program.--
(A) In general.--The term “registered apprenticeship program” means an apprenticeship program registered with the Office of Apprenticeship of the Department of Labor, or with a State apprenticeship agency recognized by that Office of Apprenticeship, for purposes of regulation of apprenticeship programs pursuant to Federal law (including regulations).
(B) Exclusions.--The term “registered apprenticeship program” does not include any program that maintains provisional registration status.
(5) Targeted worker.--The term “targeted worker” means an individual who--
(A) resides in the same labor market area (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) in which a project is to be carried out;
(B)(i)(I) is a member of a targeted group within the meaning of section 51 of the Internal Revenue Code of 1986; or
(II) resides in a census tract in which not less than 20 percent of the households have incomes below the Federal poverty guidelines; and
(ii) is a member of a family with a total family income that, during the 2-year period prior to employment on the project, did not exceed 200 percent of the Federal poverty guidelines (exclusive of unemployment compensation, child support payments, payments described in section 101(25)(A) of the Workforce Investment Act (29 U.S.C. 2801(25)(A)), and old-age and survivors insurance benefits received under section 202 of the Social Security Act (42 U.S.C. 402)); or
(C) is a displaced homemaker (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(6) Workforce entity.--The term “workforce entity” means--
(A) a qualified preapprenticeship program;
(B) a workforce investment board established pursuant to section 111 of the Workforce Investment Act of 1998 (29 U.S.C. 2821); and
(C) a community-based organization with a track record of working with targeted workers.
(b) Establishment and Authority.--
(1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor, shall, by regulation and through the use of guidance, establish a construction careers demonstration project in accordance with this section.
(2) Purpose.--The purposes of the demonstration project shall be--
(A) to promote middle class careers and quality employment practices in the construction sector among targeted workers; and
(B) to advance efficiency and performance on eligible projects.
(c) Role of Secretary.--To achieve the purposes described in subsection (b)(2), the Secretary shall--
(1) consult with State and local funding recipients to identify up to 20 projects per year that are directly funded or assisted, in whole or in part, by or through--
(A) the Federal Highway Administration;
(B) the Federal Transit Administration; and
(C) any other agency within the Department of Transportation;
(2) establish such terms and conditions for eligible projects as the Secretary, in consultation with the Secretary of Labor, determines are necessary to achieve those purposes and meet the requirements set forth in this section;
(3) for each included eligible project, in consultation with the Secretary of Labor and the State or local funding recipient, evaluate local labor market conditions and specify a proportion of overall construction work hours to be performed by targeted workers, and include such specification in the terms and conditions applicable to that project;
(4) require contractors performing construction services on included eligible projects to comply with the terms and conditions of the Secretary, and the requirements of this section, as conditions on the receipt by the project of Federal funding or assistance; and
(5)(A) not later than 3 years after the date on which the first eligible project under the demonstration project is identified under this subsection, evaluate the demonstration project in light of the purposes of this section; and
(B) if the Secretary determines that the demonstration project has advanced the goals set forth in this section, identify such additional eligible projects as the Secretary determines are appropriate for inclusion in the demonstration project.
(d) GAO Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General shall prepare and submit to the Committees on Transportation and Infrastructure and Education and the Workforce of the House of Representatives and the Committees on Banking, Health, Education, Labor and Pensions, Environment and Public Works, and Commerce, Science, and Transportation of the Senate, a report that describes the results of the demonstration project, including outcomes relating to training and employment placement, and any appropriate recommendations.
(e) Construction Careers Pathways.--Each contractor and subcontractor that seeks to provide construction services on eligible projects shall submit adequate assurances with a bid or proposal that, for each craft or trade classification of worker that the contractor or subcontractor intends to employ to perform work on the eligible project, the contractor or subcontractor participates in a registered apprenticeship program.
(f) Preapprenticeship Training.--In order to advance the purposes of this section, on each eligible project included in the demonstration project, up to 1 percent of total project funds shall be used to support--
(1) training through qualified preapprenticeship programs to targeted workers interested in enrolling in registered apprenticeship programs; and
(2) community-based organizations in recruiting targeted workers to participate in registered apprenticeship programs or preapprenticeship training programs.
(g) Engagement of Qualified Preapprenticeship Programs.--In order to advance the purposes of this section, the recipient of Federal funding or assistance, or other public entity awarding contracts for construction of the eligible project shall--
(1) on each eligible project included in the demonstration project, engage local workforce entities to assist contractors in satisfying the targeted hiring requirements of the eligible project by--
(A) identifying and training targeted workers who are not currently enrolled in registered apprenticeship programs; and
(B) developing relationships with local registered apprenticeship programs; and
(2) before commencement of construction on the eligible project, convene contractors, workforce entities, and registered apprenticeship programs to facilitate programmatic relationships.
(h) Small- and Disadvantaged-business Requirements.--Terms and conditions applicable to eligible projects shall require recipients and contractors to comply with all applicable federally mandated small- and disadvantaged-business requirements for contracting, subcontracting, and procurement.
(i) Limitation.--This section shall not apply to any project funded under this Act in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, or the United States Virgin Islands, unless participation is requested by the Governor of the territory by not later than the date that is 1 year after the effective date of the regulations promulgated under subsection (j).
(j) Regulations.--The Secretary, in consultation with the Secretary of Labor, shall promulgate such regulations as are necessary to carry out this section.
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Senate amendment submitted
February 15, 2012