< Back to H.R. 4072 (111th Congress, 2009–2010)

Text of the AMERICA Works Act

This bill was introduced in a previous session of Congress and was passed by the House on September 29, 2010 but was never passed by the Senate. The text of the bill below is as of Sep 29, 2010 (Referred to Senate Committee).

Source: GPO

IIB

111th CONGRESS

2d Session

H. R. 4072

IN THE SENATE OF THE UNITED STATES

September 29, 2010

Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions

AN ACT

To require that certain Federal job training and career education programs give priority to programs that provide an industry-recognized and nationally portable credential.

1.

Short title

This Act may be cited as the American Manufacturing Efficiency and Retraining Investment Collaboration Achievement Works Act or the AMERICA Works Act.

2.

Industry-recognized and nationally portable credentials for job training programs

(a)

Workforce Investment Act of 1998

(1)

General employment and training activities

Section 134(d)(4)(F) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)(F)) is amended by adding at the end the following:

(iv)

Priority for programs that provide an industry-Recognized and nationally portable credential

In selecting and approving training services, or programs of training services, under this section, a one-stop operator and employees of a one-stop center referred to in subsection (c) shall give priority consideration to services and programs (approved by the appropriate State agency and local board in conjunction with section 122) that lead to a credential that is in high demand in the local area served and listed in the registry described in section 3(b) of the AMERICA Works Act.

.

(2)

Youth activities

Section 129(c)(1)(C) of the Workforce Investment Act of 1998 (29 U.S.C. 2854(c)(1)(C)) is amended—

(A)

by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; and

(B)

inserting after clause (i) the following:

(ii)

training (with priority consideration given to programs that lead to a credential that is in high demand in the local area served and listed in the registry described in section 3(b) of the AMERICA Works Act, if the local board determines that such programs are available and appropriate);

.

(b)

Career and technical education

(1)

State plan

Section 122(c)(1)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(B)) is amended by striking the semicolon at the end and inserting the following:

and, with respect to programs of study leading to an industry-recognized credential or certificate, will give priority consideration to programs of study that—

(i)

lead to an appropriate (as determined by the eligible agency) skills credential (which may be a certificate) that is in high demand in the area served and listed in the registry described in section 3(b) of the AMERICA Works Act; and

(ii)

may provide a basis for additional credentials, certificates, or degrees;

.

(2)

Use of local funds

Section 134(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2354(b)) is amended—

(A)

in paragraph (11), by striking ; and and inserting a semicolon;

(B)

in paragraph (12)(B), by striking the period and inserting ; and; and

(C)

by adding at the end the following:

(13)

describe the career and technical education activities supporting the attainment of industry-recognized credentials or certificates, and how the eligible recipient, in selecting such activities, gave priority consideration to activities supporting high-demand registry skill credentials described in section 122(c)(1)(B)(i).

.

(3)

Tech-prep programs

Section 203(c)(2)(E) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2373(c)(2)(E)) is amended by striking industry-recognized credential, a certificate, and inserting industry-recognized credential or certificate (such as a high-demand registry skill credential described in section 122(c)(1)(B)(i)),.

3.

Skill credential registry

(a)

Definitions

In this section:

(1)

Covered provision

The term covered provision means any of sections 129 and 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2854, 2864) and section 122(c)(1)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(B)).

(2)

Industry-recognized

The term industry-recognized, used with respect to a credential, means a credential that—

(A)

is sought or accepted by companies within the industry sector involved as recognized, preferred, or required for recruitment, screening, or hiring; and

(B)

is endorsed by a nationally recognized trade association or organization representing a significant part of the industry sector.

(3)

Nationally portable

The term nationally portable, used with respect to a credential, means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring.

(4)

Workforce investment activities

The term workforce investment activities has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801).

(b)

Registry

(1)

In general

Not later than 120 days after the date of enactment of this Act, the Secretary of Labor (referred to in this section as the Secretary) shall create a registry of skill credentials (which may be certificates), for purposes of enabling programs that lead to such a credential to receive priority under a covered provision.

(2)

Registry

The Secretary shall—

(A)

list the credential in the registry if the credential is required by Federal or State law for an occupation (such as a credential required by a State law regarding qualifications for a health care occupation);

(B)

list the credential in the registry if the credential is a credential from the Manufacturing Institute-Endorsed Manufacturing Skills Certification System; and

(C)

list the credential, and list an updated credential, in the registry if the credential involved is an industry-recognized, nationally portable credential that is consistent with the Secretary’s established industry competency models and is consistently updated through third party validation to reflect changing industry competencies.

(c)

Rule of construction

Nothing in this Act shall be construed to require an entity with responsibility for selecting or approving an education, training, or workforce investment activities program with regard to a covered provision, to select a program with a credential listed in the registry described in subsection (b).

4.

Effective Date

This Act, and the amendments made by this Act, take effect 120 days after the date of enactment of this Act.

Passed the House of Representatives September 29, 2010.

Lorraine C. Miller,

Clerk.