,,ii #aaith ,,congress #ast ,session ,s4 #bihg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #h1 #bjbe,mr4 ,cotton introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish a program of workforce development as an alternative to college for all1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,workforce ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,american workforce contract ,the term ,american workforce contract means a contract approved by the ,director1 and entered into by an employer and a prospective trainee under section #d7;b77#f74 7#b7 ,american workforce program ,the term ,american workforce program means a program established under section #d7;a7 that provides1 for each participating trainee1 a paid1 full-time position in which the trainee is engaged in-- 7,a7 structured on-the-job work1 as specified by the ,american workforce contract involved2 and 7,b7 educational workforce training described in section #d7;f71 as specified by the ,american workforce contract4 7#c7 ,competency-based credential ,the term competency-based credential means a credential awarded on the basis of a performance-based test that-- 7,a7 is taken to demonstrate proficiency in knowledge and abilities essential to the industry or occupation2 and 7,b7 does not place restrictions on how1 when1 or where the test taker studied and acquired the knowledge and abilities4 7#d7 ,director ,the term ,director means the ,director of the ,american ,workforce ,division1 appointed under section #c7;b74 7#e7 ,employer ,the term employer means a for-profit employer1 as defined in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc71 other than a public agency1 as defined in that section4 7#f7 ,prospective trainee ,the term prospective trainee means an individual who-- 7,a7 applies to an employer to enter into an ,american workforce contract2 and 7,b7 on the date of application1 meets the requirements of paragraph 7#h77;,a74 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#h7 ,trainee ,the term trainee means any individual who-- 7,a7 on the date of application to an employer to enter into an ,american workforce contract-- 7i7 is a ,united ,states citizen2 7ii7 has a high school diploma or its generally recognized equivalent2 and 7iii7 has not earned a bachelor's or higher degree1 such as a master's or doctoral degree2 and 7,b7 entered into an ,american workforce contract1 which is still in effect1 with the employer4 7#i7 ,workforce project ,the term workforce project means a project carried out under an ,american workforce contract as part of the ,american workforce program4 #c4 ,establishment of ,american ,workforce ,division 7a7 ,establishment ,there is established in the ,economic ,development ,administration of the ,department of ,commerce an ,american ,workforce ,division that administers1 subject to the availability of appropriations1 the ,american workforce program established under section #d7;a74 7b7 ,director 7#a7 ,in general ,the ,american ,workforce ,division shall be headed and administered1 in accordance with the provisions of this ,act1 by a ,director4 ,the ,director shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 ,the ,director shall report directly to the ,secretary and shall perform1 in addition to any functions specified in law for or required to be delegated to such officer1 such additional functions as the ,secretary may prescribe4 7#b7 ,qualifications ,the ,director shall have significant experience in the private sector4 7#c7 ,authority before confirmation ,until the initial appointment of an individual to the position of ,director1 by and with the advice and consent of the ,senate1 and1 thereafter1 if the individual serving as the ,director dies1 resigns1 or is otherwise unable to perform the functions and duties of the office of the ,director1 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 capacity4 7c7 ,responsibilities of the ,director ,the ,director shall be responsible for each of the following3 7#a7 ,reviewing1 and approving or disapproving1 each proposed ,american workforce contract received by the ,director not later than #a month after the date of receipt of the proposed contract4 7#b7 7,a7 ,maintaining records of ,american workforce contracts and ensuring compliance with the contracts4 7,b7 ,publishing a standardized template for ,american workforce contracts1 which template shall not exceed #c pages1 and shall be used by prospective trainees and employers to draft a proposed ,american workforce contract to submit to the ,director for review and approval4 7#c7 ,in accordance with subsection 7d71 receiving complaints1 carrying out investigations1 and taking disciplinary and corrective action4 7#d7 ,in accordance with subsection 7e71 making determinations and taking disciplinary and corrective action4 7#e7 ,coordinating activities with ,state governments and local governments to-- 7,a7 publicize the opportunity to receive workforce education subsidies for workforce projects1 with employers in high-wage1 high-demand industries and occupations2 and 7,b7 encourage employers to recruit students from secondary schools to participate in the workforce projects4 7#f7 ,developing and maintaining a comprehensive1 publicly accessible1 and user-friendly website to allow employers from each ,state to simply indicate their demand for workers in their industry or occupation1 post it online1 and accept applications for training from prospective trainees and ensures prospective trainees can easily search and compare options4 7#g7 ,preparing #e- and #aj-year reports under section #f1 and submitting the reports to ,congress4 7#h7 7,a7 ,collecting1 on an ongoing basis1 up-to-date contact information1 including an email1 phone number1 and mailing address1 for each employer participating in a workforce project in the ,american workforce program4 7,b7 ,annually collecting the following information about the ,american workforce program3 7i7 ,the total number of new and continuing trainees training in each workforce project under an ,american workforce contract4 7ii7 ,the annual completion rate for trainees1 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 employer1 with the number of trainees in that cohort who began participating in a workforce project4 7iii7 ,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 project4 7iv7 ,the median length of time for workforce project completion4 7v7 ,a survey conducted by the ,director1 based on a random sample and designed to generate statistically significant results1 to estimate the post-,american workforce program employment retention rate for former trainees1 calculated #a and #b years after completion of a workforce project1 broken down by-- 7,i7 former trainees who are employed by the employer with whom they completed their workforce project2 7,,ii7 former trainees employed in the same industry or occupation as the industry or occupation in which they completed that workforce project1 but by a different employer2 and 7,,iii7 former trainees who are employed1 but in an industry or occupation that is not the industry or occupation described in subclause 7,,ii74 7vi7 ,the credentials attained by trainees through the ,american workforce program1 broken down by type 7such as competency-based credentials1 certifications1 and licenses7 and the number of such credentials attained4 7vii7 ,the annualized average earnings of former trainees1 calculated over a significant time period after completion of a workforce project4 7viii7 ,median and mean workforce education subsidy provided per trainee4 7ix7 ,basic demographic information1 such as age1 sex1 and area of residence1 on trainees4 7d7 ,whistleblower complaints 7#a7 ,complaint ,a trainee 7including an employee participating as a trainee7 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 involved4 7#b7 ,preliminary determination ,the ,director shall begin an investigation into the complaint within #a month after the date of receipt of the complaint4 ,not later than #ij days after the beginning of the investigation1 if the ,director determines that there is clear and convincing evidence that the complaint is valid1 the ,director shall make a preliminary determination on disciplinary or corrective action4 7#c7 ,notice and opportunity to respond ,if the ,director makes a preliminary determination under paragraph 7#b7 of noncompliance1 the ,director shall provide the employer with reasonable notice and opportunity to respond to the preliminary determination4 7#d7 ,disciplinary or corrective action ,disciplinary or corrective action under this subsection may consist of-- 7,a7 issuing to the employer a warning or temporary suspension1 of not more than #e years1 from participation in the ,american workforce program2 and 7,b7 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 #b years4 7#e7 ,appeal ,if the ,director so determines that the appropriate disciplinary or corrective action includes a suspension1 the employer shall have #ij days to appeal the validity of the disciplinary or corrective action to the ,director1 with mandatory review by the ,secretary of ,commerce4 7#f7 ,final determination ,after such mandatory review1 the ,director shall make a final determination on the validity and on the appropriate disciplinary or corrective action1 contingent on approval from the ,secretary of ,commerce4 7e7 ,noncompliance determinations 7#a7 ,accountability ,the ,director-- 7,a7 may1 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-- 7i7 demand and review relevant materials from the employers2 and 7ii7 conduct random1 periodic compliance reviews of workforce projects2 and 7,b7 shall review information in public disclosure documents submitted under section #d7;g71 including reviewing completion rates provided under section #d7;g77#b77;,a7 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 #be percent over #d years4 7#b7 ,notice and opportunity to respond ,if the ,director makes a preliminary determination under paragraph 7#a7 of noncompliance or participation in a workforce project described in paragraph 7#a77;,b71 the ,director shall provide the employer with reasonable notice and opportunity to respond to the preliminary determination4 7#c7 ,warning or civil penalty 7,a7 ,in general ,the ,director may1 at the discretion of the ,director1 issue a warning to or assess a civil penalty against an employer if1 after carrying out paragraph 7#b71 the ,director makes a final determination that there is clear and convincing evidence that-- 7i7 the employer is participating in a workforce project described in paragraph 7#a77;,b72 or 7ii7 the employer is violating the terms of an ,american workforce contract or the requirements of the ,american workforce program4 7,b7 ,calculation of civil penalty ,a civil penalty assessed under subparagraph 7,a7 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 #b years4 7#d7 ,suspension ,the ,director may1 at the discretion of the ,director1 temporarily suspend an employer from the ,american workforce program for not more than #e years if1 after carrying out paragraph 7#b71 the ,director makes a final determination that there is clear and convincing evidence that-- 7,a7 the employer is participating in a workforce project described in paragraph 7#a77;,b72 or 7,b7 the employer is consistently or egregiously violating the terms of an ,american workforce contract or the requirements of the ,american workforce program4 7f7 ,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-- 7#a7 has filed any complaint under subsection 7d72 7#b7 has given1 or is about to give1 any information in connection with any inquiry or proceeding under this ,act 7including any inquiry or proceeding under subsection 7d7 or 7e772 or 7#c7 has testified1 or is about to testify1 in any such inquiry or proceeding under this ,act4 #d4 ,american workforce program 7a7 ,in general ,the ,director shall establish1 subject to the availability of appropriations1 an ,american workforce program1 and carry out the program by supporting workforce projects with ,american workforce contracts1 distributing workforce education subsidies and bonuses for hiring1 and providing technical and administrative support4 7b7 ,contracts 7#a7 ,in general ,to be eligible to receive a workforce education subsidy1 bonus for hiring1 or technical support under this ,act for a workforce project1 an employer and prospective trainee shall prepare a proposed ,american workforce contract under this subsection1 based on the standardized template created by the ,director1 and submit the proposed contract to the ,director for approval4 ,the page limitation placed on the ,director's template under subsection 7c77#b77;,b7 shall not apply to the proposed ,american workforce contract prepared by the trainee and employer or the final ,american workforce contract4 7#b7 ,provisions ,the proposed contract between an individual who is a prospective trainee and the employer shall include each of the following3 7,a7 ,parties involved ,the name of the individual1 the employer participating in the workforce project1 and any third-party entity with whom the employer is partnering to provide the educational workforce training component of the project 7referred to in this ,act as a third-party training entity74 7,b7 ,term ,the term1 which shall not be shorter than #f weeks1 of the workforce project 7including specifying total time to completion7 and the amount of time the individual will spend in structured on-the-job work and in educational workforce training 7including specifying hours per week1 month1 and year74 7,c7 ,work and training plan ,a detailed overview of the curriculum for the educational workforce training1 a description of the structured on-the-job work1 and a description of skills and competencies to be attained through the workforce project4 7,d7 ,written workforce agreement ,a proposed written workforce agreement for the individual that outlines each of the following3 7i7 ,the terms and conditions of the individual's work and training4 7ii7 ,the wage or salary an individual will receive as a trainee and the estimated starting wage or salary1 in accordance with the requirements of subsection 7e71 for each position1 described in subsection 7e71 that the individual is receiving training for and being considered for4 7iii7 ,the technical and professional standards that will be met by the individual for successful completion of the workforce project4 7iv7 7,i7 ,expected long-term and short-term outcomes for the individual1 including qualifying positions of the type the individual is being trained for at the employer and third-party training entities 7if applicable71 and the estimated wage or salary range for the occupation the individual is being trained for4 7,,ii7 ,the projected growth of the relevant industry or occupation1 if information on that growth is available to the employer or obtainable with such technical assistance as the ,director may provide4 7v7 ,the circumstances under which the individual's wage or salary will increase during the workforce project4 7vi7 ,a description of voluntary mentorship opportunities that may be available4 7vii7 ,a disclosure of the amount of the payment from a workforce education subsidy that the employer will receive per payment period from the ,director and any costs or expenses that will be charged to the trainee or could reasonably be expected to be charged to the trainee4 7viii7 ,if #a or more competency-based credentials exist for the relevant industry or occupation1 a description of the top #a to #c such credentials that the individual might earn on successful completion of the workforce project4 7ix7 ,if no competency-based credential exists for the industry or occupation1 a description of any other credential1 such as a certification or license1 that the individual might earn in the relevant industry or occupation due to experience in the workforce project4 7#c7 ,review of credentials 7,a7 ,in general ,not later than #a month after receiving for review a proposed ,american workforce contract1 the ,director shall review the credentials specified in the contract under clause 7viii7 or 7ix7 of paragraph 7#b77;,d7 and may note any additional credentials the ,director determines a trainee should consider earning4 ,any such credential noted by the ,director shall be described in the contract4 7,b7 ,rules of construction ,nothing in this section shall be construed to-- 7i7 permit the ,director to reject an entire proposed ,american workforce contract solely because of the ,director's view of a credential described in the proposed contract2 or 7ii7 require a trainee to agree to earn a competency-based credential or another credential specified in the ,american workforce contract1 as a condition of using funding provided through a workforce education subsidy under this section4 7#d7 ,review of contract 7,a7 ,in general ,not later than #a month after receiving a proposed ,american workforce contract1 the ,director shall review1 and approve or disapprove1 the proposed contract 7including conducting the review under paragraph 7#c7 and determining whether the employer has provided the appropriate written disclosure document under subsection 7g774 7,b7 ,presumption of approval ,there shall be a presumption of approval for a proposed ,american workforce contract1 in that such a contract that has not been disapproved by the ,director shall be considered to be approved on the #cbnd day after the date of that receipt4 ,a proposed ,american workforce contract may only be disapproved for failing to meet the requirements of this ,act4 ,if such a proposed contract is disapproved1 the ,director shall describe the reason1 with a citation to the requirement not met1 and a recommendation for how the proposed contract shall be amended to comply with this ,act4 7#e7 ,review of resubmission ,if an employer and individual submit a proposed contract under paragraph 7#a7 that is not approved under paragraph 7#d71 the employer and individual may resubmit the amended proposed contract for review as described in paragraph 7#d74 ,for purposes of paragraph 7#d77;,b71 the reference to the date of receipt shall be considered to be the date of receipt of the resubmitted proposed contract4 7#f7 ,entry into contract ,once a proposed contract has been approved under paragraph 7#d7 or 7#e71 the individual and employer involved may enter into the contract and initiate the workforce project4 7#g7 ,current employees ,a participating employer may enter into an ,american workforce contract with1 and enroll into their workforce project1 an employee who holds a position with the employer if the employer agrees to-- 7,a7 maintain employment for that employee at the employee's wage or salary on the date of enrollment1 or a higher wage or salary2 and 7,b7 provide an increase to the employee's annual wage or salary1 if the employee successfully completes the workforce project1 that is equal to not less than #be percent of the value of the educational workforce subsidy provided for the project4 7c7 ,workforce education subsidies ,not earlier than the date on which an individual and employer enter into an ,american workforce contract approved by the ,director1 the ,director shall provide an education workforce subsidy to the employer operating the workforce project4 ,each of the following rules shall apply to the workforce education subsidy and the trainee involved and employer3 7#a7 ,the workforce education subsidy may be used to subsidize the cost of educational workforce training 7onsite or with an eligible third-party training entity71 not the wage or salary of the trainee4 7#b7 ,the employer shall pay1 at regular intervals1 the trainee a wage or salary at a rate that is not less than the higher of-- 7,a7 the rate in effect under section #f7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;a77#a772 or 7,b7 the rate in effect under a ,state or local minimum wage law that applies to the ,state or locality in which the trainee is engaged in labor or service for the employer4 7#c7 ,the employer shall provide a working environment for the trainee that meets all applicable ,federal1 ,state1 and local safety laws and regulations4 7#d7 ,neither the ,director or any other officer or employee of the executive branch of the ,federal ,government may make the workforce education subsidy contingent on any requirement not specified in this ,act4 7#e7 ,the employer shall not currently be suspended from participating in workforce projects subsection 7d7 or 7e7 of section #c4 7#f7 ,participation in the workforce project involved shall not make the employer subject to the jurisdiction of the ,office of ,federal ,contract ,compliance ,programs of the ,department of ,labor as a ,federal contractor1 including not being subject to ,executive ,order #aabdf4 7#g7 ,the employer shall comply with all applicable ,federal1 ,state1 and local statutory laws pertaining to nondiscrimination in employment4 7#h7 ,the workforce education subsidy may not be used for-- 7,a7 diversity1 equity1 and inclusion training1 or culturally responsive training2 or 7,b7 any other training that may violate-- 7i7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq471 by contributing to a hostile work environment2 or 7ii7 title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 including its prohibition1 on the grounds of race1 color1 or national origin1 of discrimination under any program or activity receiving ,federal financial assistance4 7#i7 ,the workforce education subsidy may not be used for political spending1 electioneering1 or any other purpose that is not directly related to educational workforce training4 7#aj7 ,the ,director shall make payments from the workforce education subsidy to the employer-- 7,a7 in even installments1 following the end of each financial quarter in which the training and on-the-job work specified in the ,american workforce contract have been completed by the trainee2 7,b7 in sums of not more than #a1ejj per month2 and 7,c7 for a total amount of not more than #i1jjj1 as determined on the basis of the ,american workforce contract4 7#aa7 ,a ,state government or locality may supplement the workforce education subsidy with additional funds1 if the ,state government or locality does not make accepting such funds or any conditions attached to the funds a requirement of accepting ,federal funding4 7#ab7 ,if the trainee chooses to leave a workforce project after the halfway point of the term of the workforce project1 the trainee will be considered to have used the entirety of one of the workforce education subsidies through which the trainee is eligible to receive educational workforce training4 7#ac7 ,if the employer ceases operations1 the trainee shall not be held at fault1 meaning that the trainee may receive educational workforce training1 funded with the full value of the workforce education subsidy1 for a workforce project with a subsequent eligible employer1 notwithstanding the time requirement of paragraph 7#ae74 7#ad7 ,the maximum period of time for which an employer 7including a subsequent employer described in paragraph 7#ac77 may receive payments1 provided through the workforce education subsidy for education workforce training of a trainee1 shall be #c years4 7#ae7 7,a7 ,in order for a trainee to enroll in a workforce project with a subsequent eligible employer through a second or third such subsidy1 the trainee shall receive the related educational workforce training not less than #a year after the conclusion of the trainee's most recent training through a workforce education subsidy4 7,b7 ,the time limit described in subparagraph 7,a7 shall not apply to a trainee who-- 7i7 completed a workforce project with1 but was not hired by1 an employer2 and 7ii7 seeks to receive such training through a workforce project with the trainee's next employer4 7#af7 ,the employer shall meet the applicable minimum ratios specified under section #e7;d74 7#ag7 ,the employer shall use ,e-,verify for each trainee enrolled and individual hired or employed during the period for which the employer accepts funds through a subsidy provided under this ,act1 regardless of whether the trainee or individual participated in a workforce project4 7#ah7 ,the employer shall publish a public disclosure document1 consistent with subsection 7g74 7d7 ,bonus for hiring 7#a7 ,in general ,if an trainee1 on completion of a workforce project1 is hired as a full-time1 regular employee of the employer participating in the workforce project1 with a wage or salary described in subsection 7e77#a71 the employer shall receive a bonus of #a1jjj 7in addition to any payment received through a workforce education subsidy74 ,the ,director shall pay the bonus not sooner than the date that is #f months after the trainee is so hired4 7#b7 ,rules ,subject to paragraph 7#c71 each of the rules described in paragraphs 7#e71 7#f71 7#h71 7#i71 7#aa71 7#af71 7#ag71 and 7#ah7 shall apply to the bonus1 and the trainee hired and employer1 except that a reference in those paragraphs-- 7,a7 to a workforce educational subsidy shall be considered to be a reference to the bonus2 and 7,b7 to a trainee shall be considered to be a reference to the trainee hired4 7#c7 ,use of bonus ,an employer who receives a bonus under this subsection may use the bonus funds to supplement the wage or salary of the trainee hired4 7e7 ,position for the trainee 7#a7 ,wages ,an employer participating in a workforce project shall be training each trainee and considering each trainee for a position that would have an annual wage or salary of not less than #hj percent of-- 7,a7 the annual median household income of the county in which the job involved is located 7or an hourly wage based on that income and adjusted for a #b1jhj-;hour annual work period71 as determined by the #e-year estimates of the ,american ,community ,survey of the ,bureau of the ,census2 or 7,b7 if the county involved is not in a micropolitan or metropolitan area1 the annual median household income for the nearest micropolitan or metropolitan area1 as determined by the ,bureau of the ,census4 7#b7 ,remote work ,an employer providing remote work for a trainee or employee 7in a position referred to in paragraph 7#a77 shall use the trainee's or employee's location when determining an applicable wage or salary under this ,act4 ,such a trainee or employee engaging in remote work shall live in the ,united ,states and file ,federal income taxes in the ,united ,states4 7#c7 ,work ,an employer participating in a workforce project shall provide structured on-the-job work for each trainee in a job that requires specialized knowledge and experience and involves the performance of complex tasks1 to prepare the trainee for a position referred to in paragraph 7#a74 7f7 ,educational workforce training ,in providing for educational workforce training through a workforce project to a trainee1 an employer shall meet each of the following requirements3 7#a7 ,skills ,the employer shall ensure that the training is designed in a manner that enables trainees to obtain and demonstrate competency and obtain progressively advancing and portable skills that are necessary for the industry or occupation involved4 7#b7 ,partners ,the employer may partner with any of the following eligible third-party training entities1 and may pay such a third-party training entity with funds from a workforce education subsidy1 in order to provide the training for trainees in the workforce project3 7,a7 ,a trade1 industry1 or employer group or association4 7,b7 ,a corporation or other related organized entity4 7,c7 ,an educational institution1 such as an institution of higher education1 including a community college1 or a secondary school4 7,d7 ,a ,state or local government agency or entity4 7,e7 ,a nonprofit organization4 7,f7 ,a union4 7,g7 ,a joint labor-management organization4 7,h7 ,a certification or accreditation body or entity for an industry or occupation4 7,i7 ,a consortium or partnership of entities such as entities described in any of subparagraphs 7,a7 through 7,h74 7#c7 ,credentials ,the employer shall ensure that1 in conjunction with that training1 the trainee shall be made aware of any widely used competency-based credentials in the employer's industry or occupation4 ,if a competency-based credential is described in the trainee's ,american workforce contract1 the employer shall not forbid the trainee1 or provide a disincentive to discourage the trainee1 from taking a related competency-based credential exam4 7#d7 ,definitions ,in this subsection3 7,a7 ,community college ,the term community college means an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 at which the highest degree that is predominantly awarded to students is an associate degree4 7,b7 ,institution of higher education ,the term institution of higher education has the meaning given that term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7g7 ,public disclosure document 7#a7 ,in general ,the ,director shall require each participating employer seeking approval for a proposed ,american workforce contract to provide a written disclosure document1 about the employer's workforce project1 that includes each of the following statistics and information3 7,a7 ,the total expected cost1 if any1 for a trainee during or at the completion of the workforce project1 such as the cost of fees for a certification examination4 7,b7 ,the expected wage or salary for the position of the employer that the workforce project is designed to train for4 7,c7 ,the length of the workforce project4 7,d7 ,the total expected number of hours of structured on-the-job work per week1 and of hours of educational workforce training per week1 for a trainee during the workforce project4 7,e7 ,the total expected number of hours for which a trainee will be paid during the course of the workforce project4 7,f7 ,the hourly wage or salary for a trainee during the course of the workforce project4 7,g7 ,information stating any certifications1 licenses1 or other credentials that trainees in the workforce project might earn on successful completion of the workforce project4 7#b7 ,additional public disclosure for established workforce projects ,three years after an employer has completed a workforce project1 the ,director shall require the employer to include1 in its written disclosure document1 documentation that includes each of the following statistics3 7,a7 ,the completion rate for trainees in a workforce project with the employer1 calculated over the previous #c years4 7,b7 ,the percentage of trainees that completed a workforce project with1 and were hired by1 the employer participating in the project1 calculated over the previous #b years4 7,c7 ,the average wage or salary of currently employed 7as of the date of collection of the wage or salary information7 trainees who completed a workforce project1 during the last #c years1 presented in a way that does not reveal individually identifiable wage or salary information4 7#c7 ,availability ,the disclosure documents described in paragraphs 7#a7 and 7#b7 shall be made available to the general public by the ,director4 #e4 ,general provisions 7a7 ,workforce project after payment period ,nothing in this ,act shall be construed to require a workforce project to end after #c years1 the maximum period of time for which an employer may receive payments through a workforce education subsidy for a trainee1 if the employer pays for the cost of the associated educational workforce training for the portion of the project after that maximum period4 7b7 ,relationship to other projects ,individuals who do not meet the criteria described in section #b7h77;,a7 may participate in projects1 structured like workforce projects described in this ,act1 if the employer or an organization other than the ,federal ,government provides the necessary funding for wages or salaries1 and educational workforce training4 7c7 ,third-,party training entity ,the ,secretary may not pressure1 or provide an incentive or disincentive to1 an employer to choose #a eligible entity over another as a third-party training entity4 ,the choice of a third-party training entity shall be made entirely by an employer4 7d7 ,regulations on ,ratios 7#a7 ,ratios ,beginning #e years after the date of enactment of this ,act1 the ,secretary may issue regulations that specify #a or more ratios1 based on categories of jobs as defined by the ,secretary1 between the number of job openings for a prospective position1 as a full-time regular employee1 related to a workforce project1 and the number of trainees in that project4 7#b7 ,objectives ,in issuing the regulations1 the ,secretary shall consider the following objectives3 7,a7 ,assuring that a trainee has a reasonable opportunity to be hired as a full-time1 regular employee by the employer participating in the workforce project4 7,b7 ,ensuring that an employer's hiring discretion is not limited in a manner that would incentivize an employer to lower standards for a position that is particularly difficult or dangerous4 7e7 ,criteria ,the ,secretary may establish criteria regarding technical matters and provide technical assistance for meeting the requirements of this ,act4 7f7 ,required regulations ,regulations required under this ,act shall be issued by the corresponding officer within #c months after the date of enactment of this ,act1 except as otherwise specified4 #f4 ,evaluation reports and sunset 7a7 #e-,year report ,not later than #e years after the date of enactment of this ,act1 the ,secretary shall prepare and submit to ,congress a report including each of the following information1 analysis1 and recommendations3 7#a7 ,a comparison of the ,american workforce program to other major career and technical education or apprenticeship programs administered by the ,federal ,government1 including the registered apprenticeship program carried out under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 and to the workforce investment activity programs administered under the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq471 on the basis of-- 7,a7 the completion rate of participants in each program2 7,b7 the average earnings of participants in each program1 calculated during-- 7i7 the related career and technical education1 apprenticeship1 workforce investment1 or workforce project2 and 7ii7 the period beginning #c years and ending #e years after the participants complete the related career and technical education1 apprenticeship1 workforce investment1 or workforce project2 7,c7 the percentages obtained by dividing-- 7i7 the number of participants and rate of growth in participants for each program2 by 7ii7 the number of individuals in the labor force and the rate of growth of the labor force1 respectively2 7,d7 the level of direct engagement by employers with1 and satisfaction from employers in1 each program2 and 7,e7 the diversity of the industries and occupations of the employers who utilize each program4 7#b7 ,the overall completion rate for the ,american workforce program1 the completion rate for workforce projects by industry and occupation1 the number of trainees who dropped out of the program entirely1 broken down by industry and occupation1 and the number who left a workforce project for another workforce project4 7#c7 ,the results of a survey1 based on a random sample and designed to generate statistically significant results1 of trainees who have participated in the program4 7#d7 ,the results of a survey1 based on a random sample and designed to generate statistically significant results1 of employers who have participated in the program1 including a breakdown by size of employer4 7#e7 ,data collected under section #c7;c77#h77;,b74 7#f7 ,information and technical criteria1 other regulations1 and guidance issued by the ,secretary to administer the program4 7#g7 ,information on the rate of uptake by individuals and employers that are eligible to participate in the program1 and recommendations for ways in which this rate of uptake could be improved4 7#h7 ,analysis on considerations for ,congress about expanding the use of intermediary institutions1 such as nonprofits1 to better advertise the program4 7#i7 7,a7 ,analysis on considerations for ,congress in expanding eligibility of the program for ,united ,states citizens who do not have a high school diploma or its generally recognized equivalent4 7,b7 ,analysis on considerations for ,congress in encouraging trainees to obtain industry-recognized credentials that help to provide recognition of a portable skill4 7,c7 ,analysis on considerations for ,congress on the effect and necessity of regulations described in section #e7;d74 7,d7 ,recommendations for ,congress on encouraging participation in workforce projects by small businesses4 7#aj7 ,analysis on considerations for ,congress about how to effectively engage high school students in a workforce project1 including-- 7,a7 how coursework for a technical high school1 or career and technical education in a high school1 could qualify towards the completion of a workforce project2 and 7,b7 how time spent in structured on-the-job work or educational workforce training for a workforce project could count towards high school graduation4 7#aa7 ,recommendations for improvement and reauthorization of the ,american workforce program by ,congress4 7b7 #aj-,year report ,not later than #aj years after the date of enactment of this ,act1 the ,secretary shall prepare and submit to ,congress a report containing the information1 analysis1 and recommendations described in subsection 7a74 7c7 ,sunset ,the program authorized by section #d and the position of the ,director shall cease to exist on the earlier of-- 7#a7 the date on which the ,director submits the report described in subsection 7b7 to ,congress2 or 7#b7 the day that is #aa years after the date of enactment of this ,act4