Transportation Opportunities for Professional Service Act or the TOPS Act
A BILL
To develop and improve the transportation workforce, and for other purposes.
Sec. 2 Task force on developing a 21st century surface transportation workforce
Sec. 3 Definitions for transportation training and education programs
“(a) Definitions—In this section:
“(1) Apprenticeship-readiness program—The term apprenticeship-readiness program means a program or set of strategies that—
“(A) is designed to prepare individuals to enter and succeed in a registered apprenticeship;
“(B) is carried out by a local educational agency, a State educational agency, a local workforce development board, a State workforce development board, or a labor organization that has a documented partnership with not less than 1 sponsor of a registered apprenticeship;
“(C) includes a training program—
“(i) that has a curriculum that is in accordance with industry standards and reviewed and approved annually by sponsors of the registered apprenticeships within the documented partnership, that will prepare individuals by teaching the skills and competencies needed to enter 1 or more registered apprenticeships; and
“(ii) that provides hands-on training and theoretical education to individuals that—
“(I) accurately simulate the industry and occupational conditions of the registered apprenticeship program described in subparagraph (B); and
“(II) is carried out in a manner that—
“(aa) includes proper observation of supervision and safety protocols; and
“(bb) does not displace a paid employee; and
“(D) is encompassed in a formal agreement between a sponsor of a registered apprenticeship and an individual that—
“(i) will enable an individual who successfully completes the apprenticeship-readiness program to enter directly into the registered apprenticeship, if a place in the program is available; and
“(ii) includes agreements with respect to earning credit recognized by an institution of higher education for skills and competencies acquired during the program.
“(2) Career and technical education—The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
“(3) Career pathway—The term career pathway has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
“(4) Dual or concurrent enrollment program—The term dual or concurrent enrollment program has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(5) Eligible agency—The term eligible agency has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
“(6) Industry or sector partnership—The term industry or sector partnership has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
“(7) Institution of higher education—The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
“(8) Intelligent transportation technology—The term intelligent transportation technology means an operational system of various technologies that, when combined and managed, improve the operating capabilities of the overall transportation system.
“(9) Local educational agency—The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(10) Local workforce development board—The term local workforce development board means a local workforce development board established under section 107 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3122).
“(11) On-the-job training—The term on-the-job training has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
“(12) Program of study—The term program of study has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
“(13) Recognized postsecondary credential—The term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
“(14) Registered apprenticeship—The term registered apprenticeship means an apprenticeship program registered under the Act of August 16, 1937 (29 U.S.C. 50 et seq.) (commonly known as the “National Apprenticeship Act”), that satisfies the requirements of parts 29 and 30 of title 29, Code of Federal Regulations (as in effect on January 1, 2020).
“(15) Special populations—The term special populations has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
“(16) State educational agency—The term State educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(17) State workforce development board—The term State workforce development board means a State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111).
“(18) Surface transportation workforce development, training, and education—The term surface transportation workforce development, training, and education means activities associated with surface transportation career awareness, student transportation career preparation, and training and professional development for surface transportation workers, including activities for women and minorities and training in various types of intelligent transportation technologies.
“(19) Transportation sector—The term transportation sector means an industry sector that is involved in construction, manufacturing, maintenance, operation, inspection, logistics, design, or engineering with respect to transportation equipment, materials, technologies, or infrastructure relating to surface, transit, railway, aviation, and maritime transportation.
“(20) Underrepresented individual—The term underrepresented individual means—
“(A) an individual who belongs to a special population;
“(B) an individual with a barrier to employment (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302)); or
“(C) an individual otherwise determined by the Secretary to be underrepresented in the transportation workforce.
“(21) Work-based learning—The term work-based learning has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).”
Sec. 4 Transportation education and training program
“(g) Transportation Education and Training Program
“(1) Establishment—The Secretary, in consultation with the Secretary of Education and the Secretary of Labor, shall establish a program to provide grants to support transportation sector education and workforce development projects (referred to in this section as the “program”).
“(2) Grant authority—In carrying out the program, the Secretary may award a grant on a competitive basis in accordance with this subsection.
“(3) Eligible recipients
“(A) In general—The Secretary may award a grant under the program to any partnership that includes, at a minimum, the following entities:
“(i) An institution of higher education.
“(ii) A State department of transportation.
“(iii) A metropolitan planning organization.
“(iv) Not less than 2 transportation sector employers.
“(B) Labor and joint labor-management organizations—A partnership eligible for a grant under the program may include a labor or joint labor-management organization.
“(4) Eligible projects
“(A) In general—Except as provided in subparagraph (B), grant funds awarded under the program may only be used to assist a project that includes not less than 2 of the following activities:
“(i) Developing, implementing, and assessing innovative programs of study with respect to a transportation sector.
“(ii) Training educators to teach secondary or postsecondary career and technical education courses with respect to a transportation sector.
“(iii) Increasing career recruitment and outreach to youth, including through career counseling and career exploration opportunities, to encourage participation in transportation sectors.
“(iv) Developing on-the-job training and work-based learning opportunities, including apprenticeship-readiness programs and registered apprenticeships, with respect to a transportation sector.
“(v) Increasing participation of underrepresented individuals, including women, in the transportation workforce.
“(vi) Any other activity the Secretary determines appropriate for education or workforce development in a transportation sector.
“(B) Exception—If a project is in the construction or maintenance sector, grant funds awarded under the program may only be used to develop apprenticeship-readiness programs that prepare individuals for acceptance into registered apprenticeships in that sector.
“(5) Applications
“(A) In general—To be eligible for a grant under the program, a partnership referred to in paragraph (3) shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be appropriate, which shall include, at a minimum, a description of—
“(i) how the partnership will use grant funds to assist an eligible project;
“(ii) the roles and responsibilities of each partner in assisting the project;
“(iii) any prior experience or demonstrated success in workforce development of a partner;
“(iv) the current and projected workforce shortages, if any, in the relevant transportation sector and how the project will address those shortages;
“(v) any promotion of the increased participation of underrepresented individuals, including women, in the transportation workforce that the project will provide;
“(vi) any recognized postsecondary credentials that participants in the project will be prepared for;
“(vii) any registered apprenticeships, apprenticeship-readiness programs, or other on-the-job training or work-based learning opportunities the project will provide; and
“(viii) how the project will develop the skills of individuals in various types of intelligent transportation technologies and components, infrastructure, and equipment related to those technologies.
“(B) Priority—In selecting partnerships referred to in paragraph (3) to receive a grant under the program, the Secretary shall give priority to a partnership that includes a labor or joint labor-management organization.
“(6) Considerations—In making a grant under the program, the Secretary shall consider—
“(A) geographical diversity;
“(B) the degree to which an eligible project may address current or projected transportation workforce shortages;
“(C) how the project will increase the skills of individuals in various types of intelligent transportation technologies, and components, infrastructure, and equipment related to those technologies; and
“(D) if applicable, the quality of any proposed on-the-job training or work-based learning opportunities to be provided.
“(7) Limitations
“(A) Maximum—The amount of a grant under this subsection may not exceed $300,000.
“(B) Federal share
“(i) In general—Except as provided in clause (ii), the Federal share of the cost of a project carried out with a grant under the program shall be 95 percent.
“(ii) Multiple grants—After a recipient has received 2 grants under the program, the Federal share of the cost of a project carried out with a subsequent grant under the program shall be not more than 75 percent.
“(8) Report—A recipient of a grant under the program shall submit to the Secretary, at such time as the Secretary determines appropriate, a report that includes a description of—
“(A) how the grant funds were used;
“(B) the education and employment outcomes for individuals participating in or benefitting from the project assisted with grant funds under the program (referred to in this subparagraph as the “participants”), disaggregated by special populations, which shall include at a minimum—
“(i) the percentage, and median earnings, of participants who are in unsubsidized employment by the date that is 90 days after exit from the project;
“(ii) the percentage of participants who are in unsubsidized employment by the date that is 180 days after exit from the project;
“(iii) the percentage of participants who obtain a recognized postsecondary credential, or a secondary school diploma or recognized equivalent during the project or not later than 1 year after exit from the project; and
“(iv) the percentage of participants who, during the project—
“(I) enrolled in an education or training program that leads to a recognized postsecondary credential or employment; and
“(II) developed skills necessary to receive such a credential or employment through such program, including those skills in various types of intelligent transportation technologies and components, infrastructure, and equipment related to those technologies; and
“(C) the outreach efforts made to expand the awareness, engagement, and performance of the project for the students and workers in the geographical region.”
Sec. 5 Surface transportation workforce grants
“(H) on-the-job training or work-based learning opportunities, including apprenticeship-readiness programs and registered apprenticeships;
“(I) activities to support the establishment of industry or sector partnerships;
“(J) activities to increase the number of underrepresented individuals in the surface transportation workforce;
“(K) activities to update facilities and equipment used in career and technical education programs of study; and
“(L) training that increases the skills of individuals in various types of intelligent transportation technologies and components, infrastructure, and equipment related to those technologies.”
Sec. 6 Research and development strategic plan
“(G) developing and maintaining a diverse workforce in transportation sectors;”
“(f) Definitions—In this section:
“(1) Intelligent transportation technology—The term intelligent transportation technology means an operational system of various technologies that, when combined and managed, improve the operating capabilities of the overall transportation system.
“(2) Transportation sector—The term transportation sector means an industry sector that is involved in construction, manufacturing, maintenance, operation, inspection, logistics, design, or engineering with respect to transportation equipment, materials, technologies, including intelligent transportation technologies, or infrastructure relating to surface, transit, railway, aviation, and maritime transportation.”
Sec. 7 Transportation workforce scanning tour and national summit
Sec. 8 Report on barriers to work in emerging transportation technologies
Sec. 9 Centers of excellence in transportation workforce training
“(j) Centers of excellence in transportation workforce training
“(1) Designation—Not later than 1 year after the date of the enactment of this subsection, the Secretary, in consultation with the Secretary of Education and the Secretary of Labor, shall designate certain geographically diverse consortia of 2-year institutions of higher education as Community and Technical College Centers of Excellence in Transportation Workforce Training (referred to in this section as a “Center of Excellence”) in accordance with paragraph (2).
“(2) Criteria for designation
“(A) In general—The Secretary shall designate as a Center of Excellence under paragraph (1) a consortium the Secretary determines has a demonstrated ability—
“(i) to address education and training related to careers in transportation and manufacturing sectors; and
“(ii) to carry out certain activities, including—
“(I) developing and implementing career pathways and programs of study that lead to recognized postsecondary credentials in transportation sectors;
“(II) providing on-the-job training or work-based learning opportunities in transportation sectors;
“(III) developing dual or concurrent enrollment programs to provide education and training opportunities to secondary school students;
“(IV) providing education and training for the development of a workforce skilled in various types of emerging technologies in transportation sectors, including intelligent transportation technologies and components, infrastructure, and equipment related to those technologies;
“(V) partnering with employers, labor organizations, local workforce development boards, State workforce development boards, State educational agencies, and eligible agencies to address education and training related to careers in transportation sectors;
“(VI) providing greater opportunities to underrepresented individuals in the various careers within the transportation sector; and
“(VII) providing outreach and career counseling to increase participation in transportation sectors.
“(B) Geographical diversity—To the extent practicable, in designating Centers of Excellence under paragraph (1), the Secretary shall select institutions of higher education that are geographically diverse.
“(3) Collaboration—To address education and training related to careers in transportation sectors, a Center of Excellence may seek to collaborate with an institution receiving a grants under section 5505 of title 49.
“(4) Grants to centers of excellence
“(A) In general—The Secretary shall establish a program (in this subsection referred to as the “Program”) to award grants on a competitive basis, as determined by the Secretary, to Centers of Excellence to address education and training related to careers in transportation sectors.
“(B) Eligible projects—Grant funds awarded under the Program may only be used for a project that facilitates an activity described in paragraph (2).
“(C) Applications—To be eligible for a grant under the Program, a Center of Excellence shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate.
“(D) Requirement—For each fiscal year, not less than 10 percent of the total amounts made available for the Program shall be used for grants for training in emerging technologies, including intelligent transportation technologies.
“(E) Limitations
“(i) Maximum amount—The amount of a grant under the Program may not exceed $2,000,000.
“(ii) Federal share—The Federal share of the cost of a project carried out by a grant under the Program—
“(I) shall be 100 percent for a project carried out in fiscal year 2022 or 2023; and
“(II) may not exceed 75 percent for a project carried out in any of fiscal years 2024 through 2026.
“(F) Report—Each recipient of a grant under the Program shall submit to the Secretary a report in such form, at such time, and containing such information as the Secretary determines appropriate to evaluate the grant, including—
“(i) information relating to the use of grant funds awarded to the recipient under the Program; and
“(ii) an evaluation of each project carried out with the grant funds, including—
“(I) the percentage, and median earnings, of individuals participating in or benefitting from the project (referred to in this clause as the “participants”) who are in unsubsidized employment by the date that is 90 days after exit from the project;
“(II) the percentage of participants who are in unsubsidized employment by the date that is 180 days after exit from the project;
“(III) the percentage of participants who obtain a recognized postsecondary credential, or a secondary school diploma or recognized equivalent, during the project or not later than 1 year after exit from the project;
“(IV) the percentage of participants who, during the project—
“(aa) enrolled in an education or training program that leads to a recognized postsecondary credential or employment; or
“(bb) developed skills necessary to receive such credential or employment; and
“(V) the percentage of underrepresented individuals in various careers within the transportation sector that developed skills in various types of intelligent transportation technologies and components, infrastructure, and equipment related to those technologies.
“(G) Authorization of appropriations—There is authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2022 through 2026.”
Sec. 10 Transportation workforce outreach program
“5506. Transportation workforce outreach program
“(a) In general—The Secretary of Transportation (referred to in this section as the “Secretary”) shall establish and administer a transportation workforce outreach program, under which the Secretary shall carry out a series of public service announcement campaigns during each of fiscal years 2022 through 2026.
“(b) Purposes—The purpose of the campaigns carried out under the program under this section shall be—
“(1) to increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, maritime transportation workers, air traffic controllers, flight attendants, truck drivers, engineers, transit workers, railroad workers, and other transportation professionals;
“(2) to reduce any stigma or misinformation related to careers in the transportation sector;
“(3) to identify and emphasize the existing and future needs of emerging technologies within the transportation sector; and
“(4) to increase diversity, including with respect to race, gender, ethnicity, and socioeconomic status, of professionals in the transportation sector.
“(c) Advertising—The Secretary may use, or authorize the use of, amounts made available to carry out the program under this section for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out a campaign under this section.
“(d) Authorization of appropriations—There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.”