Union Calendar No. 465
116th CONGRESS 2d Session |
[Report No. 116–567, Part I]
To amend the National Apprenticeship Act and expand the national apprenticeship system to include apprenticeships, youth apprenticeships, and pre-apprenticeship registered under such Act, to promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, and for other purposes.
September 17, 2020
Mrs. Davis of California (for herself, Mr. Scott of Virginia, Mr. Norcross, Ms. Bonamici, Mr. Levin of Michigan, Ms. Schrier, Ms. Wild, Mr. Sablan, Ms. Fudge, Mrs. Hayes, Mrs. Trahan, Mr. Trone, Mr. DeSaulnier, and Ms. Underwood) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
November 9, 2020
Additional sponsors: Ms. Jayapal, Mr. Smith of Washington, Mr. Takano, Ms. Kaptur, Ms. Sewell of Alabama, Ms. Jackson Lee, Ms. Norton, Mr. Harder of California, Mr. Ryan, Mr. Castro of Texas, Mr. David Scott of Georgia, Mr. Vargas, Ms. Adams, Mr. Suozzi, Ms. Stevens, Ms. Kuster of New Hampshire, Mr. San Nicolas, Mr. Courtney, Ms. Finkenauer, Mr. Morelle, Mr. Danny K. Davis of Illinois, Mr. Visclosky, Ms. Wilson of Florida, Ms. Lofgren, Mrs. Demings, Ms. Schakowsky, Ms. Lee of California, Mr. Krishnamoorthi, Mr. Moulton, Mr. Grijalva, and Mr. Khanna
November 9, 2020
Reported from the Committee on Education and Labor with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
November 9, 2020
Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on September 17, 2020]
To amend the National Apprenticeship Act and expand the national apprenticeship system to include apprenticeships, youth apprenticeships, and pre-apprenticeship registered under such Act, to promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act, and the amendments made by this Act, shall take effect beginning on July 1, 2021.
The Act of August 16, 1937 (commonly referred to as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), is amended to read as follows:
“(b) Table of contents.—The table of contents for this Act is as follows:
“Sec. 1. Short title; table of contents.
“Sec. 2. Definitions.
“Sec. 3. Programs under the national apprenticeship system.
“Sec. 4. Transition provisions.
“Sec. 5. Disaggregation of data.
“Sec. 6. Relation to other laws.
“Sec. 111. The Office of Apprenticeship.
“Sec. 112. National Advisory Committee on Apprenticeships.
“Sec. 113. State apprenticeship agencies and State Offices of Apprenticeship.
“Sec. 114. Interagency agreement with Department of Education.
“Sec. 121. Apprenticeable occupations standards.
“Sec. 122. Quality standards of programs under the national apprenticeship system.
“Sec. 123. Apprenticeship agreements.
“Sec. 124. Registration of programs under the national apprenticeship system.
“Sec. 131. Program evaluations.
“Sec. 132. National apprenticeship system research.
“Sec. 141. Authorization of appropriations.
“Sec. 201. Grant requirements.
“Sec. 202. Uses of Funds.
“Sec. 203. Grant evaluations.
“Sec. 204. Grant appropriations.
“In this Act:
“(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Office of Apprenticeship established under section 111(a).
“(2) ADVISORY COMMITTEE.—The term ‘Advisory Committee’ means the National Advisory Committee on Apprenticeships established under section 112.
“(4) APPRENTICESHIP AGREEMENT.—The term ‘apprenticeship agreement’ means a written agreement under section 123 between—
“(5) APPRENTICESHIP HUB.—The term ‘apprenticeship hub’ means a regional or sectoral qualified intermediary recognized by a State apprenticeship agency or a State Office of Apprenticeship as organizing and providing activities and services related to the development of programs under the national apprenticeship system.
“(6) APPRENTICEABLE OCCUPATION.—The term ‘apprenticeable occupation’ means an occupation that the Administrator has determined meets the requirements of section 121.
“(7) APPRENTICESHIP PROGRAM.—The term ‘apprenticeship program’ means a program that meets the standards described in section 122(b) and is registered under this Act.
“(8) COMPETENCY.—The term ‘competency’ means the attainment of knowledge, skills, and abilities in a subject area, as specified by an occupational skill standard and demonstrated by an appropriate written or hands-on proficiency measurement.
“(10) EDUCATION AND TRAINING PROVIDER.—The term ‘education and training provider’ means—
“(F) a Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution;
“(H) a minority-serving institution (as described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)));
“(I) a provider of adult education and literacy activities under the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.);
“(J) a local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741);
“(11) ELIGIBLE ENTITY.—
“(A) IN GENERAL.—The term ‘eligible entity’ means—
“(ii) a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency;
“(iv) if the applicant is in a State with a State apprenticeship agency, such State apprenticeship agency;
“(12) INDIAN TRIBE; TRIBAL ORGANIZATION.—The terms ‘Indian Tribe’ and ‘Tribal organization’ have the meaning given the terms (without regard to capitalization) in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(13) INTERIM CREDENTIAL.—The term ‘interim credential’ means a credential issued by a registration agency, upon request of the appropriate sponsor, as certification of competency attainment by a program participant during participation in a program under the national apprenticeship system.
“(14) JOURNEYWORKER.—The term ‘journeyworker’ means a worker who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the occupation.
“(15) NATIONAL APPRENTICESHIP SYSTEM.—The term ‘national apprenticeship system’ means the apprenticeship programs, youth apprenticeship programs, and pre-apprenticeship programs that meet the requirements of this Act.
“(16) NONTRADITIONAL APPRENTICESHIP POPULATION.—The term ‘nontraditional apprenticeship population’ means a group of individuals (such as a group of individuals from the same gender or race), the members of which comprise fewer than 25 percent of the program participants in an apprenticeable occupation under the national apprenticeship system.
“(17) NONTRADITIONAL APPRENTICESHIP INDUSTRY OR OCCUPATION.—The term ‘nontraditional apprenticeship industry or occupation’ refers to an industry sector or occupation that represents fewer than 10 percent of apprenticeable occupations or the programs under the national apprenticeship system.
“(18) PRE-APPRENTICE.—The term ‘pre-apprentice’ means a program participant in a pre-apprenticeship program.
“(19) PRE-APPRENTICESHIP PROGRAM.—The term ‘pre-apprenticeship program’ means a training model or program that—
“(20) PROGRAM PARTICIPANT.—The term ‘program participant’ means an apprentice, a pre-apprentice, or a youth apprentice.
“(21) QUALIFIED INTERMEDIARY.—
“(A) IN GENERAL.—The term ‘qualified intermediary’ means an entity that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph (B) and serves program participants and employers by—
“(ii) assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction;
“(iii) supporting entities, sponsors, or program administrators in meeting the registration and reporting requirements of this Act;
“(vi) developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising;
“(B) PARTNERSHIPS.—The ‘partnerships described in subparagraph (A)’ means partnerships among entities involved in programs under the national apprenticeship system, including—
“(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, or one-stop partners, in the State workforce development system; or
“(22) 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), except that such term does not include a certificate of completion of an apprenticeship.
“(23) REGISTRATION AGENCY.—The term ‘registration agency’ means the State Office of Apprenticeship or State apprenticeship agency in a State that is responsible for—
“(24) RELATED INSTRUCTION.—The term ‘related instruction’ means an organized and systematic form of instruction that meets the requirements of section 122(b)(1)(C).
“(25) RELATED FEDERAL PROGRAMS.—The term ‘related Federal programs’ means programs or activities under the following:
“(A) The Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), including adult education and literacy activities under such Act.
“(B) The Wagner-Peyser Act (29 U.S.C. 49 et seq.).
“(C) The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
“(D) The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
“(E) The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
“(F) Title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).
“(G) Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.).
“(H) Career and technical education programs at the postsecondary level under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
“(I) Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
“(J) Chapter 41 of title 38, United States Code.
“(K) Employment and training activities carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.).
“(L) Employment and training activities carried out by the Department of Housing and Urban Development.
“(N) Section 231 of the Second Chance Act of 2007 (34 U.S.C. 60541).
“(O) Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
“(Q) Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)).
“(27) SPONSOR.—The term ‘sponsor’ means an employer, joint labor-management organization, trade association, professional association, labor organization, education and training provider, or qualified intermediary that is applying to administer and operate a program under the national apprenticeship system.
“(28) STATE APPRENTICESHIP AGENCY.—The term ‘State apprenticeship agency’ means a State agency recognized as a State apprenticeship agency under section 113.
“(29) STATE APPRENTICESHIP COUNCIL.—The term ‘State apprenticeship council’ means an entity established under section 113(b)(3) to assist the State apprenticeship agency.
“(30) STATE OFFICE OF APPRENTICESHIP.—The term ‘State office of apprenticeship’ means the office designated by the Administrator to administer programs under the national apprenticeship system in such State and meets the requirements of section 111(b)(3).
“(31) STATE OR LOCAL WORKFORCE DEVELOPMENT BOARDS.—The terms ‘State workforce development board’ and ‘local workforce development board’ have the meanings given the terms ‘State board’ and ‘local board’, respectively, in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
“(32) STATE WORKFORCE AGENCY.—The term ‘State workforce agency’ means the State agency with responsibility for workforce investment activities under chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3121 et seq., 3131 et seq.).
“(33) CTE TERMS.—The terms ‘area career and technical education school’, ‘articulation agreement’, ‘credit transfer agreement’, ‘postsecondary educational institution’, ‘Tribally controlled college or university’, ‘Tribally controlled postsecondary career and technical institution’, and ‘work-based learning’ have the meanings given in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
“(34) ESEA TERMS.—The terms ‘dual or concurrent enrollment program’, ‘early college high school’, ‘education service agency’, ‘high school’, ‘local educational agency’, ‘paraprofessional’, and ‘State educational agency’ have the meanings given in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(35) TRIBAL EDUCATIONAL AGENCY.—The term ‘Tribal educational agency’ has the meaning given the term in section 6132 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7452).
“(36) WIOA TERMS.—The terms ‘career pathway’, ‘in-demand industry sector or occupation’, ‘individual with a barrier to employment’, ‘industry or sector partnership’, ‘labor market area’, ‘local area’, ‘one-stop center’, ‘one-stop operator’, ‘one-stop partner’, ‘State’, ‘supportive services’ and ‘workforce development system’ have the meanings given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
“Any funds appropriated under this Act shall only be used for, or provided to, programs under the national apprenticeship system, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of program under the national apprenticeship system.
“The Secretary shall take such steps as are necessary to provide for the orderly transition to the authority of this Act (as amended by the National Apprenticeship Act of 2020) from any authority under the Act of August 16, 1937 (commonly referred to as the ‘National Apprenticeship Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), as in effect on the day before the date of enactment of the National Apprenticeship Act of 2020.
“The disaggregation of data under this Act shall not be required when the number of program participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about a program participant or would reveal such information when combined with other released information.
“Nothing in this Act shall invalidate or limit the remedies, rights, and procedures under any Federal law or the law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for individuals based on race, color, religion, national origin, sex, sexual orientation, age, genetic information, or disability than are afforded by this Act.
“(a) Establishment of the Office of Apprenticeship.—There is established, in the Employment and Training Administration of the Department of Labor, an Office of Apprenticeship (referred to in this section as the ‘Office’), which shall be directed by an Administrator who has demonstrated knowledge of the national apprenticeship system necessary to head the Office.
“(b) Responsibilities.—The Administrator shall be responsible for the administration of this Act, including:
“(1) PROMOTION AND AWARENESS ACTIVITIES.—The Administrator shall carry out promotion and awareness activities, including the following:
“(A) Supporting the development or scaling of apprenticeship models nationally, promoting the effectiveness of youth apprenticeship, pre-apprenticeship, and apprenticeship programs, and providing promotional materials to State apprenticeship agencies, State workforce development systems or local workforce development systems, State educational agencies or local educational agencies, employers, trade associations, professional associations, industry groups, labor organizations, joint labor-management organizations, education and training providers, Federal and State correctional facilities, and prospective apprentices in such programs.
“(2) TECHNICAL ASSISTANCE ACTIVITIES.—The Administrator shall carry out technical assistance activities, including the following:
“(A) Providing technical assistance to—
“(i) assist State apprenticeship agencies and sponsors in complying with the requirements of this Act, including the process and standards described in subtitle B and the evaluation and research requirements described in subtitle C;
“(ii) receive and resolve comments or complaints from youth apprentices, pre-apprentices, or apprentices, sponsors, employers, State apprenticeship agencies, State local workforce agencies or local workforce agencies, State educational agencies or local educational agencies, qualified intermediaries, labor organizations, joint labor-management organizations, or other stakeholders;
“(iii) assist sponsors, employers, qualified intermediaries, and education and training or related instruction providers, or other entities interested in becoming sponsors, or seeking support for developing programs under the national apprenticeship system or effectively carrying out such programs, including providing assistance for remote or virtual learning or training, as necessary;
“(3) STATE OFFICES OF APPRENTICESHIP.—
“(A) ESTABLISHMENT OF OFFICES.—
“(i) IN GENERAL.—The Administrator shall establish and operate a State Office of Apprenticeship in a State described in clause (ii) to serve as the registration agency for such State.
“(B) STATE PLAN REQUIREMENT.—Each State Office of Apprenticeship shall be administered by a State Director who shall prepare and submit a State plan that meets the requirements of section 113(c).
“(C) VACANCIES.—Subject to the availability of appropriations, in the case of a State Office of Apprenticeship with a vacant position, the Administrator shall—
“(D) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to prohibit any State described in subparagraph (A)(ii) from establishing an agency or entity to promote programs under the national apprenticeship system in such State, in coordination with the State Office of Apprenticeship operating in the State, so long as such agency or entity does not act as the registration agency in such State.
“(4) QUALITY STANDARDS, APPRENTICESHIP AGREEMENT, AND REGISTRATION REVIEW.—In order for the Secretary, acting through the Administrator, to support the formulation and furtherance of labor standards necessary to safeguard the welfare of program participants, and to extend the application of such standards in apprenticeship agreements, not later than 1 year after the effective date of the National Apprenticeship Act of 2020, and at least every 3 years thereafter, the Administrator shall review, and where appropriate, update the process for meeting the requirements of subtitle B, including applicable regulations and subregulatory guidance to ensure that such process is easily accessible and efficient to bring together employers and labor as sponsors or potential sponsors of programs under the national apprenticeship system.
“(5) APPRENTICEABLE OCCUPATIONS.—
“(A) EXISTING APPRENTICEABLE OCCUPATIONS.—The Administrator shall regularly review and update the requirements for each apprenticeable occupation to ensure that such requirements are in compliance with requirements under this Act.
“(B) NEW APPRENTICEABLE OCCUPATION.—
“(C) INDUSTRY RECOGNIZED OCCUPATIONAL STANDARDS.—
“(i) IN GENERAL.—From the funds appropriated under section 141(a), the Administrator shall convene, on an ongoing basis and taking into consideration recommendations of the Advisory Committee under section 112(d)(4), the industry sector leaders and experts described in clause (ii) for the purposes of establishing or updating specific frameworks of industry recognized occupational standards for apprenticeable occupations (including potential apprenticeable occupations) that—
“(ii) INDUSTRY SECTOR LEADERS AND EXPERTS.—The industry sector leaders and experts are employers, industry associations, joint labor-management organizations, labor organizations, education and training providers, credential providers, program participants, and other stakeholders relevant to the sector or occupation for which the frameworks are being established or updated, as determined by the Administrator.
“(iii) PRIORITY INDUSTRY RECOGNIZED APPRENTICEABLE OCCUPATIONS.—In establishing frameworks under clause (i) for the first time after the effective date of the National Apprenticeship Act of 2020, the Administrator shall prioritize the establishment of such standards in high-skill, high-wage, or in-demand industry sectors and occupations.
“(D) REGULATIONS.—Not later than one year after the date of the enactment of the National Apprenticeship Act of 2020, the Secretary shall issue regulations that outline a process for proactively establishing and approving standards and requirements for apprenticeable occupations in consultation with the industry sector leaders and experts described in subparagraph (C)(ii).
“(6) PROGRAM OVERSIGHT AND EVALUATION.—The Administrator shall—
“(A) monitor State apprenticeship agencies, State Offices of Apprenticeship, grantees, and sponsors of programs under the national apprenticeship system to ensure compliance with the requirements of this Act;
“(7) PROMOTING DIVERSITY IN THE NATIONAL APPRENTICESHIP SYSTEM.—The Administrator shall promote diversity and ensure equal opportunity to participate in programs for apprentices, youth apprentices, and pre-apprentices, including—
“(A) taking steps necessary to promote diversity in apprenticeable occupations under the national apprenticeship system, especially in high-skill, high-wage, or in-demand industry sectors and occupations in areas with high percentages of low-income individuals;
“(B) ensuring programs under the national apprenticeship system—
“(i) adopt and implement policies to provide for equal opportunity in such programs, as described in section 30.3 of title 29, Code of Federal Regulations (as in effect on January 31, 2020);
“(C) supporting the recruitment, employment, and retention of nontraditional apprenticeship populations in programs under the national apprenticeship system in high-skill, high-wage, and in-demand industry sectors and occupations, including women, people of color, individuals with disabilities, individuals impacted by the criminal and juvenile justice system, and individuals with barriers to employment, as applicable.
“(c) Information collection and dissemination.—The Administrator shall provide for data collection and dissemination of information regarding programs under the national apprenticeship system, including—
“(1) not later than 1 year after the date of the enactment of the National Apprenticeship Act of 2020, establishing and supporting a single information technology infrastructure to support data collection and reporting from State apprenticeship agencies, State Offices of Apprenticeship, grantees under title II, program sponsors, and program administrators under the national apprenticeship system by providing for a data infrastructure that—
“(A) is developed and maintained by the Administrator, with input from national data and privacy experts, is informed by best practices on public provision of credential information, and to the extent practicable, aligns with the technology infrastructure for related Federal programs, such as the technology infrastructure used under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.);
“(B) best meets the needs of the national apprenticeship system stakeholders reporting data to the Administrator or State apprenticeship agencies, including through the provision of technical assistance and financial assistance as necessary to ensure reporting systems are equipped to report into a single information technology infrastructure; and
“(2) providing for data sharing that includes making nonpersonally identifiable apprenticeship data available on a publicly accessible website that is searchable and comparable, through the use of common, linked, open-data description language, such as the credential transparency description language or a substantially similar resource, so that interested parties can become aware of apprenticeship opportunities and of program outcomes that best meets the needs of youth apprentices, pre-apprentices, and apprentices, employers, education and training providers, program sponsors, and relevant stakeholders, including—
“(A) information on program offerings under the national apprenticeship system based on geographical location and apprenticeable occupation;
“(B) information on education and training providers providing opportunities under such system, including whether programs under such system offer dual or concurrent enrollment programs, articulation agreements, and recognized postsecondary credentials as part of the program offerings;
“(a) Establishment.—
“(1) IN GENERAL.—There is established, in the Department of Labor, a National Advisory Committee on Apprenticeships.
“(2) COMPOSITION.—
“(A) APPOINTMENTS.—The Advisory Committee shall consist of 27 voting members described in subparagraph (B) appointed by the Secretary.
“(B) LIST OF INDIVIDUALS.—The individuals described in this subparagraph are—
“(i) 9 representatives of employers or industry associations who participate in an apprenticeship program, including representatives of employers representing nontraditional apprenticeship industries or occupations, and other high-skill, high-wage, or in-demand industry sectors or occupations, as applicable;
“(ii) 9 representatives of labor organizations or joint labor-management organizations who have responsibility for the administration of an apprenticeship program (including those sponsored by a joint labor-management organization and from nontraditional apprenticeship industries or occupations), at least 1 of which represent employees primarily in the building trades and construction industry;
“(iii) 1 representative of each from—
“(II) a State or local workforce development board with significant expertise in supporting a program under the national apprenticeship system;
“(C) EX OFFICIO NONVOTING MEMBERS.—The Advisory Committee shall consist of ex officio nonvoting members from each of the following departments, selected by the applicable Secretary—
“(D) RECOMMENDATIONS.—The Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate may each recommend to the Secretary an individual described in clause (i) or (ii) of subparagraph (B) for appointment under subparagraph (A) who shall be subject to the requirements of paragraph (3).
“(3) QUALIFICATIONS.—An individual shall be selected under paragraph (1) on the basis of the experience and competence of such individual with respect to programs under the national apprenticeship system.
“(4) TERMS.—
“(A) IN GENERAL.—Each voting member of the Advisory Committee shall be appointed for a term of 4 years, except as provided in subparagraphs (B) through (D).
“(B) TERMS OF INITIAL APPOINTEES.—
“(C) VACANCIES.—Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy in the Advisory Committee shall be filled in the manner in which the original appointment was made, except that such appointment shall be made not later than 90 days after the date of the vacancy. A member who fulfilled a partial term as the result of a vacancy may, at the end that term, be appointed to a full term.
“(b) Chairperson.—The Advisory Committee members shall designate by vote one of the voting members described in subsection (a)(2)(A) of the Advisory Committee to serve as Chairperson of the Advisory Committee.
“(c) Meetings.—
“(d) Duties.—The Advisory Committee shall, at a minimum—
“(1) advise, consult with, and make recommendations to the Administrator on matters relating to the administration of this Act, including recommendations on regulations and policies related to the administration of this Act;
“(2) annually prepare a set of recommendations for the Administrator, to be shared with the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, to improve the registration process under subtitle B to make the process easily accessible and efficient for use by sponsors while maintaining the requirements under subtitle B;
“(3) make recommendations on expanding participation of nontraditional apprenticeship populations in programs under the national apprenticeship system; and
“(e) Personnel.—
“(1) COMPENSATION OF MEMBERS.—
“(A) IN GENERAL.—A member of the Advisory Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Advisory Committee.
“(a) Recognition of State Apprenticeship Agencies.—
“(1) IN GENERAL.—The Administrator shall recognize a State agency as a State apprenticeship agency in accordance with this section and cooperate with such State apprenticeship agency regarding the formulation and promotion of standards of apprenticeship under subtitle B.
“(2) APPLICATION.—A State desiring to have a State agency recognized as a State apprenticeship agency under this section shall submit an application at such time, in such manner, and containing such information as the Administrator may require, including—
“(3) REVIEW AND RECOGNITION.—
“(A) IN GENERAL.—Not later than 90 days after the date on which a State submits an application under paragraph (2), the Secretary shall notify the State regarding whether the agency of the State is recognized as a State apprenticeship agency under this section.
“(B) DURATION OF RECOGNITION.—
“(i) DURATION.—The recognition of a State apprenticeship agency shall be for a 4-year period beginning on the date the State apprenticeship agency is notified under subparagraph (A).
“(ii) NOTIFICATION.—
“(I) IN GENERAL.—The Secretary shall notify a State apprenticeship agency not later than 180 days before the last day of the 4-year period regarding whether the State apprenticeship agency is in compliance with this section.
“(iii) RENEWAL AFTER CORRECTION.—If the Administrator determines that a State apprenticeship agency has corrected the identified areas of noncompliance under this subparagraph not later than 180 days of notification of noncompliance, the State apprenticeship agency’s recognition under this section shall be renewed for an additional 4-year period.
“(C) TRANSITION PERIOD FOR STATE AGENCIES.—
“(i) IN GENERAL.—Not later than 1 year after the effective date of the National Apprenticeship Act of 2020, a State agency that, as of the day before the date of enactment of such Act, was recognized by the Secretary for purposes of registering apprenticeship programs in accordance with this Act shall submit an application under paragraph (2).
“(b) Authority of a State Apprenticeship Agency.—
“(1) IN GENERAL.—For the period during which a State apprenticeship agency is recognized under subsection (a) and to maintain such recognition, the State apprenticeship agency shall carry out the requirements of this Act.
“(2) PROGRAM RECOGNITION.—With respect to a State with a State apprenticeship agency, the State apprenticeship agency shall have sole authority to recognize and register a pre-apprenticeship, youth apprenticeship, or apprenticeship program in such State, which shall include—
“(A) determining whether such program is in compliance with the standards for such program under section 122;
“(3) STATE APPRENTICESHIP COUNCIL.—
“(A) IN GENERAL.—A State apprenticeship agency shall establish and continue to use a State apprenticeship council, which shall operate in compliance with the requirements of this Act under the direction of the State apprenticeship agency.
“(B) COMPOSITION.—A State apprenticeship council may be regulatory or advisory in nature, and shall—
“(ii) be fairly balanced, with an equal number of—
“(I) representatives of employer organizations, including from nontraditional apprenticeship industries or occupations;
“(c) State plan.—
“(1) IN GENERAL.—For a State apprenticeship agency to be eligible to receive allotments under subsection (f) and to be recognized under this section, the State apprenticeship agency shall submit to the Secretary a State plan that meets the requirements of this subsection.
“(2) APPROVAL OF STATE PLAN.—
“(A) SUBMISSION.—
“(i) INITIAL PLAN.—The first State plan of a State apprenticeship agency shall be submitted to the Administrator not later than 120 days prior to the commencement of the first full program year of the State apprenticeship agency, which shall include—
“(I) a description of any State laws, policies, or operational procedures relating to the process of recognizing programs under the national apprenticeship system that is inconsistent with, or imposes requirements in addition to, the requirements of this Act;
“(II) an assurance that the State will notify the Administrator if there are any changes to the State laws (including regulations), policies, or procedures described in subclause (I) that occur after the date of submission of such plan; and
“(III) an assurance that the State will make available on a publicly available website a description of any laws (including regulations), policies, and operational procedures relating to the process of recognizing programs under the national apprenticeship system that are inconsistent with, or impose requirements in addition to, the requirements of this Act.
“(B) APPROVAL.—A State plan shall be subject to the approval of the Administrator and shall be considered to be approved at the end of the 90-day period beginning on the date that the plan is submitted under this paragraph, unless the Administrator, during the 90-day period, provides the State apprenticeship agency, in writing—
“(3) TECHNICAL ASSISTANCE.—Each State Plan shall describe how the State apprenticeship agency will provide technical assistance for—
“(A) potential sponsors, employers, labor organizations, joint labor-management organizations, qualified intermediaries, apprentices, education and training providers, credentialing bodies, eligible entities, industry associations, or any potential program participant in the national apprenticeship system in the State for the purposes of recruitment, retention, program development, expansion, or implementation, including supporting remote or virtual learning or training, as necessary;
“(4) RECIPROCITY.—Each State plan shall describe how the State apprenticeship agency, in the case of a program recognized by a registration agency in another State, shall recognize such program in the State of such agency for purposes of this Act by not later than 30 days after receipt of an application for such recognition from a program sponsor, as long as such program meets the wage and hour provisions of the State granting reciprocity.
“(5) PROMOTING DIVERSITY IN THE NATIONAL APPRENTICESHIP SYSTEM.—Each State plan shall include a plan for how the State apprenticeship agency will—
“(A) promote diversity in apprenticeable occupations offered throughout the State, and a description of how such agency will promote the addition of apprenticeable occupations in high-skill, high-wage, or in-demand industry sectors and occupations, and in nontraditional apprenticeship occupations and sectors; and
“(6) COMPLAINTS.—
“(A) IN GENERAL.—Subject to subparagraph (B), each State plan shall include a description of the system for the State apprenticeship agency to receive and resolve complaints submitted by program participants, the program participant’s authorized representative, sponsors, employers, or nonprofit compliance organizations, such as complaints concerning equal employment opportunity or discrimination, violations of the apprenticeship agreement, or violations of requirements under this Act.
“(B) COLLECTIVE BARGAINING AGREEMENTS.—Any controversy arising under an apprenticeship agreement which is covered by a collective bargaining agreement shall not be subject to the system described in subparagraph (A), except that complaints concerning discrimination or any matters described in subparagraph (5)(B) shall be subject to such system.
“(7) STATE APPRENTICESHIP HUBS.—Each State plan shall describe how the State will support, in a manner that takes into consideration geographic diversity, the creation and implementation of apprenticeship hubs throughout the State that shall work with industry and sector partnerships to expand programs under the national apprenticeship system, and apprenticeable occupations, in the State.
“(8) STATE APPRENTICESHIP PERFORMANCE OUTCOMES.—Each State plan shall—
“(A) in coordination with the Administrator, establish annual State performance goals for the programs registered by the State apprenticeship agency for the indicators described—
“(9) USES OF FUNDS.—Each State plan shall include a description of the uses described in subsection (d) of the allotment received by the State apprenticeship agency under subsection (f).
“(10) ALIGNMENT OF WORKFORCE ACTIVITIES.—Each State plan shall include a summary of State-supported workforce development activities (including education and training) in the State, including—
“(A) a summary of the apprenticeship programs on the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d));
“(B) the degree to which the programs under the national apprenticeship system in the State are aligned with and address the skill needs of the employers in the State identified by the State workforce development board; and
“(C) a description of how apprenticeship programs will receive expedited consideration to be included on the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)).
“(11) STATE STRATEGIC VISION.—Each State plan shall include a summary of the State’s strategic vision and set of goals for preparing an educated and skilled workforce and for meeting the skilled workforce needs of employers, including in existing and emerging in-demand industry sectors and occupations as identified by the State, and how the programs registered by the State apprenticeship agency in the State will help to meet such goals.
“(12) STRATEGY FOR ANY JOINT PLANNING, ALIGNMENT, COORDINATION, AND LEVERAGING OF FUNDS.—Each State plan shall provide a description of the State apprenticeship agency’s strategy for joint planning, alignment, coordination, and leveraging of funds—
“(A) with the State’s workforce development system, to achieve the strategic vision and goals described in paragraph (11), including the core programs defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) and the elements related to system alignment under section 102(b)(2)(B) of such Act (29 U.S.C. 3112(b)(2)(B));
“(B) for programs under the national apprenticeship system in the State with other Federal education programs, including programs under—
“(C) to provide information about access to available State assistance or assistance under related Federal programs, including such assistance under—
“(iii) section 231 of the Second Chance Act of 2007 (34 U.S.C. 60541); and
“(d) State apprenticeship agency funding.—A State apprenticeship agency shall use funds received under clauses (i) and (ii) of subsection (f)(1)(A) according to the following requirements:
“(1) PROGRAM ADMINISTRATION.—The State apprenticeship agency shall use such funds to support the administration of programs under the national apprenticeship system across the State, including for—
“(C) technical assistance to program sponsors, program participants, employers, labor organizations, joint labor-management organizations, education and training providers, and qualified intermediaries;
“(D) pre-apprenticeship, youth, and apprenticeship program recruitment and development, including for—
“(E) supporting the enrollment and apprenticeship certification requirements to allow veterans and other individuals eligible for the educational assistance programs under chapters 30 through 36 of title 38, United States Code, and any related educational assistance programs under laws administered by the Secretary of Veterans Affairs, to use such assistance for the apprenticeship program, including the requirement of designating a certifying official.
“(2) EDUCATIONAL ALIGNMENT.—The State apprenticeship agency shall use not less than 10 percent of such funds to engage with the State education system to provide technical assistance and best practices regarding—
“(A) alignment of youth apprenticeship programs with the secondary education programs in the State, including support for career exploration, career pathways, education and career planning, and engagement with youth apprenticeship programs for teachers, career guidance and academic counselors, school leaders, administrators, and specialized instructional support personnel and paraprofessionals;
“(3) WORKFORCE ALIGNMENT.—The State apprenticeship agency shall use not less than 10 percent of such funds to engage with the State workforce development system to provide technical assistance and best practices regarding—
“(A) alignment with the State’s workforce activities and strategic vision in accordance with paragraphs (10), (11), and subparagraphs (A) and (C) of paragraph (12) of subsection (c);
“(B) guidance for training staff of the workforce development system, including the vocational rehabilitation agencies, within the State on the value of programs under the national apprenticeship system as a work-based learning option for participants, including participants of programs authorized under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) such as Job Corps under subtitle C of title I of such Act and YouthBuild under section 171 of such Act;
“(C) providing a list of programs under the national apprenticeship system that are offered in the State, including in the State’s high-skill, high-wage, or in-demand industry sectors or occupations;
“(D) alignment of funding received and reporting required under this Act, including relevant placement, retention, and earnings information, with the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and technical assistance in how individual training accounts under section 134(c)(3) of such Act could be used to pay for the costs of enrolling and participating in programs under the national apprenticeship system;
“(E) partnerships with State or local workforce development boards, State workforce agencies, and one-stop centers and one-stop operators that assist program participants in accessing supportive services to support—
“(i) the recruitment, retention, and completion of programs under the national apprenticeship system;
“(F) expanding the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act to include programs under the national apprenticeship system in the State (29 U.S.C. 3152(d)).
“(4) LEADERSHIP ACTIVITIES.—
“(A) IN GENERAL.—A State apprenticeship agency may reserve not more than 15 percent of the funds received under subsection (f) in support of State apprenticeship initiatives described in this paragraph.
“(B) DIVERSITY.—Not less than 5 percent of the amount reserved under subparagraph (A) shall be used by the State apprenticeship agency for supporting and expanding diversity in apprenticeable occupations under the national apprenticeship system in the State and program participant populations in the State.
“(C) INCENTIVES FOR EMPLOYERS.—A State apprenticeship agency may use funds reserved under subparagraph (A) to incentivize employers to participate in programs under the national apprenticeship system, such as costs related to program development, staffing for mentors and supervisors, related instruction, or the creation of industry or sector partnerships to support employer participation.
“(D) STATE-SPECIFIC INITIATIVES.—A State apprenticeship agency may use funds reserved under subparagraph (A) for State-specific initiatives, such as the development or expansion of youth apprenticeship programs or apprenticeship programs in high-skill, high-wage, or in-demand industry sectors and occupations.
“(5) STATE MATCH FOR FEDERAL INVESTMENT.—
“(A) IN GENERAL.—Except in the case of exceptional circumstances, as determined by the Administrator, in order to receive a full allotment under subsection (f), a State apprenticeship agency shall use matching funds from non-Federal resources to carry out the activities of the agency under this Act in an amount not less than 25 percent of such allotment.
“(e) Derecognition of State Apprenticeship Agencies.—
“(1) IN GENERAL.—The Secretary may withdraw recognition of a State apprenticeship agency before the end of the agency’s 4-year recognition period under subsection (a)(2)(B) if the Secretary determines, after notice and an opportunity for a hearing, that the State apprenticeship agency has failed for one of the reasons described in paragraph (2), and has not been in compliance with the performance improvement plan under paragraph (3) to remedy such failure.
“(2) DERECOGNITION CRITERIA.—The recognition of a State apprenticeship agency under this section may be withdrawn under paragraph (1) in a case in which the State apprenticeship agency fails to—
“(3) DERECOGNITION PROCESS.—
“(A) IN GENERAL.—If a State apprenticeship agency fails for any of the reasons described in paragraph (2), the Secretary shall provide technical assistance to such agency for corrective action to remedy such failure, including assistance in the development of a performance improvement plan.
“(B) REDUCTION OF FUNDS.—Except in the case of exceptional circumstances as determined by the Administrator, in a case in which such a State apprenticeship agency continues such failure after the provision of the technical assistance under subparagraph (A)—
“(C) TERMINATION OF PROCEEDINGS.—If the Administrator determines that the State apprenticeship agency’s corrective action under subparagraph (A) has addressed the agency’s failure identified under paragraph (2), the Administrator shall—
“(D) OPPORTUNITY FOR HEARING.—
“(i) IN GENERAL.—In a case in which a State apprenticeship agency fails to remedy a failure identified under paragraph (2), the Administrator shall—
“(ii) REFERRAL TO OFFICE OF ADMINISTRATIVE LAW JUDGES.—In a case in which the State apprenticeship agency requests a hearing under clause (i)(II), the Administrator shall refer the matter to the Office of Administrative Law Judges for a recommended decision by the Administrative Review Board for final agency action.
“(4) REQUIREMENTS REGARDING WITHDRAWAL OF RECOGNITION.—
“(A) OFFICE OF APPRENTICESHIP.—
“(i) PRIOR TO ORDER.—Prior to the withdrawal of the recognition of a State apprenticeship agency under this section, the Administrator shall—
“(ii) AFTER ORDER.—Not later than 30 days after the date of such order, provide notification of the withdrawal to the sponsors of the programs under the national apprenticeship system in such State that were registered with the State apprenticeship agency to enable each such sponsor to be registered with the Administrator (acting through the State Office of Apprenticeship established under clause (i)(II)).
“(B) STATE APPRENTICESHIP AGENCY REQUIREMENTS.—A State agency whose recognition as a State apprenticeship agency under this section has been withdrawn under paragraph (3) shall—
“(i) provide to the Administrator program standards, apprenticeship agreements, completion records, cancellation and suspension records, performance metrics, and any other documents relating to the State’s programs under the national apprenticeship system in the State;
“(f) Reservation and State allotments.—
“(1) STATE ALLOTMENTS.—
“(A) IN GENERAL.—Of the amount appropriated under subsection (g) for a fiscal year—
“(B) FORMULA.—
“(i) IN GENERAL.—Of the amount available under subparagraph (A)(ii)—
“(I) 25 percent shall be allotted on the basis of the relative share of program participants in each eligible State, as determined on the basis of the most recent satisfactory data available from the Administrator, compared to the total number of program participants in all eligible States, as determined on such basis;
“(II) 25 percent shall be allotted on the basis of the relative share of program participants who have completed a program under the national apprenticeship system in each eligible State during the most recent 5-year period, as determined on the basis of the most recent satisfactory data available from the Administrator, compared to the total 5-year average of program participants who have completed a program in all eligible States, as determined on such basis; and
“(ii) ALLOTMENTS BASED ON BLS AND ACS DATA.—Of the amount available under clause (i)(III)—
“(I) 331⁄3 percent shall be allotted on the basis of the relative share of individuals in the civilian labor force in each eligible State, compared to the total number of individuals in the civilian labor force in all eligible States;
“(2) DEFINITIONS.—In this subsection—
“(A) ELIGIBLE STATE.—The term ‘eligible State’ means a State that has a State apprenticeship agency.
“(B) OUTLYING AREA.—The term ‘outlying area’ means American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.
“(C) POVERTY LINE.—The term ‘poverty line’ has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
“(D) UNEMPLOYED INDIVIDUAL.—The term ‘unemployed individual’ has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
“(a) In general.—Not later than 1 year after the effective date of the National Apprenticeship Act of 2020, in order to cooperate with the Secretary of Education and promote awareness and adoption of apprenticeship programs, the Secretary (acting through the Administrator) shall—
“(b) Alignment for youth apprenticeships.—In order to promote alignment between youth apprenticeship programs and high school graduation requirements, the interagency agreement under subsection (a) shall describe how the Secretaries will work to provide—
“(1) information and resources to—
“(2) technical assistance on how to—
“(A) align related instruction and apprenticeable occupation skills and competencies to high school graduation requirements;
“(B) offer related instruction through dual and concurrent enrollment programs and other accelerated learning programs, as described in section 4104(b)(3)(A)(i)(IV) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV));
“(C) facilitate transitions for youth apprentices who have completed their youth apprenticeships into further education, including an associate, baccalaureate, or advanced degree, and related apprenticeship opportunities; and
“(D) align activities carried out under this Act with eligible funding from, and planning processes for, the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973, and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
“(c) Apprenticeship college consortium.—In order to support the establishment of a college consortium of postsecondary educational institutions, related instruction providers, sponsors, qualified intermediaries, employers, labor organizations, and joint labor-management organizations for the purposes of promoting stronger connections between programs under the national apprenticeship system and participating 2- and 4-year postsecondary educational institutions, the interagency agreement under subsection (a) shall include a description of how the Secretaries will—
“(1) support data sharing systems that align education records and records of programs under the national apprenticeship system regarding whether program participants who receive financial aid under title IV of the Higher Education Act of 1965 enroll in, or complete, postsecondary coursework while participating in a program under such system;
“(2) provide guidance on how to align eligible funding from, planning processes for, and the requirements of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Rehabilitation Act of 1973, and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) with this Act;
“(3) require all participants of the apprenticeship college consortium to enter into agreements to—
“(A) have an articulation agreement with a participating sponsor of an apprenticeship program, which may include a 2- or 4-year postsecondary educational institution;
“(4) provide technical assistance on eligible uses of financial aid, including the Federal work study program under part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087–51 et seq.), for related instruction for programs under the national apprenticeship system;
“(5) provide to consortium participants or potential participants information regarding—
“(A) a list of apprenticeship programs in related occupations offered in the State or available under the Office of Apprenticeship that may become part of the consortium;
“(6) support information regarding the apprenticeship consortium being made available on a publicly accessible website, including—
“(d) Best practice development and sharing.—
“(1) DISSEMINATION.—Such interagency agreement shall require that the Secretaries disseminate information on the value of programs under the national apprenticeship system, including relevant placement, retention, and earnings information, labor market data from the local area, and sector forecasts to determine high-skill, high-wage, or in-demand industry sectors or occupations of such programs, to local education and training providers, labor organizations, or joint-labor management organizations (including those representing teachers).
“(e) Data sharing agreement.—The Secretaries shall disseminate best practices for the alignment of education records and records of programs under the national apprenticeship system, including information on program participants who enroll in, complete, and receive academic credit for postsecondary coursework while participating in such a program.
“For an occupation to be an apprenticeable occupation under this Act, a person seeking approval for such occupation to be an apprenticeable occupation shall submit an application to the Administrator that demonstrates that such apprenticeable occupation is in-demand and will prepare individuals for the full range of skills and competencies needed for such occupation by describing how such apprenticeable occupation shall—
“(a) In general.—The Secretary, acting through the Administrator, shall formulate and promote the furtherance of quality standards necessary to safeguard the welfare of apprentices, pre-apprentices, and youth apprentices.
“(b) Apprenticeship program standards.—In addition to the standards described in subsection (e), an apprenticeship program shall meet the following standards:
“(1) The program has an organized and clearly written plan, developed by the sponsor, that includes, at a minimum, the following information:
“(A) The employment and training to be received by each apprentice participating in the program, including—
“(i) an outline of the work processes or the plan in which the apprentice will receive supervised work experience, on-the-job training, and on-the-job learning;
“(B) A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv).
“(C) A description of the organized related instruction the apprentice will receive in technical subjects related to the occupation, which—
“(i) for time-based or hybrid apprenticeship programs as described in paragraph (E), shall include not less than 144 hours for each year of apprenticeship, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the registration agency;
“(ii) may be accomplished through classroom instruction, occupational or industry courses, instruction provided through electronic media, or other instruction approved by the registration agency;
“(D) A progressively increasing, clearly defined schedule of wages to be paid to the apprentice that is—
“(ii) ensures the entry wage is not less than the greater of—
“(I) the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)); or
“(E) The term of the apprenticeship program, which may be measured using—
“(i) a time-based model, which requires the completion of the industry standard for on-the-job learning hours, which in no case shall be less than 2,000 hours, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and the relative hazards of the occupation, and is accepted by the Secretary and registration agency;
“(F) The methods used to measure an apprentice’s skills and competencies, which may include an initial diagnostic assessment or assessment of credentials that verify an individual’s foundational knowledge and skills that would be needed to succeed in an apprenticeship program, and which shall include—
“(i) in the case of a time-based apprenticeship described in subparagraph (E)(i), the individual apprentice’s completion of the required hours of on-the-job learning as described in a work process schedule; or
“(ii) in the case of a competency-based model described in subparagraph (E)(ii), the individual apprentice’s successful demonstration of acquired skills and knowledge through appropriate means of testing and evaluation for such competencies, and by requiring apprentices to complete a paid on-the-job learning component of the apprenticeship;
“(2) The program equally grants advanced standing or credit to all individuals applying for the apprenticeship with demonstrated competency or acquired experience, training, or skills, and provides commensurate wages for any progression in standing or credit so granted, including for veterans’ service-acquired skills and experiences.
“(3) The program has minimum qualifications for individuals desiring to enter the apprenticeship program, with an eligible starting age for an apprentice of not less than 16 years.
“(4) In the case of a program that chooses to issue an interim credential, the program—
“(c) Pre-apprenticeship program standards.—In addition to the standards described in subsection (e), a pre-apprenticeship program shall meet the following standards:
“(1) The program is designed to assist individuals who do not meet minimum qualifications for an apprenticeship program as described in subsection (b) and prepare them to enter and succeed in such an apprenticeship programs, including by providing the skills and competency attainment needed to enter the apprenticeship program.
“(2) The program—
“(A) is carried out by a sponsor that has a written agreement with at least one sponsor of an apprenticeship program;
“(B) demonstrates the existence of an active, advisory partnership with an industry or sector partnership to inform the training and education services necessary for a pre-apprenticeship program;
“(3) The program includes a written plan developed by the sponsor that is reviewed and approved by the sponsor to the agreement with the sponsor of an apprenticeship program, that—
“(A) provides for work-based learning, and paid work-based learning to the extent practicable, in which an industry or sector partnership and a related instruction provider collaborate to provide training that will introduce participants to the skills, competencies, and materials used in one or more apprenticeable occupations;
“(B) is based on and aligned with national, State, regional, or local industry standards for high-skill, high-wage, or in-demand industry sectors and occupations, and the requirements of the related apprenticeship program;
“(C) to the extent appropriate and practicable, meets the related instruction requirements as described in clauses (ii) through (iv) of subsection (b)(1)(C) that includes enabling an individual to attain a secondary school diploma or its recognized equivalent that enables a pre-apprentice to enter into an apprenticeship program; and
“(d) Youth apprenticeship program standards.—In addition to the standards described in subsection (e), a youth apprenticeship program shall meet the following standards:
“(1) The program is designed for youth apprentices who at the start of the program are enrolled in high school.
“(2) The program includes each of the following core elements:
“(A) The employment and training to be received by each youth apprentice participating in the program, including—
“(i) an outline of the work processes or the plan in which the youth apprentice will receive supervised work experience and on-the-job training or in an experiential setting;
“(B) A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv).
“(C) Related classroom-based instruction, which may be fulfilled through dual or concurrent enrollment, and—
“(D) A progressively increasing, clearly defined schedule of wages to be paid to the youth apprentice.
“(e) General requirements.—Each program under the national apprenticeship system shall meet the following standards:
“(1) The program—
“(2) The program records and maintains all records concerning the program as may be required by the Secretary, the registration agency of the program, or any other applicable law, including records required under title 38, United States Code, in order for veterans and other individuals eligible for educational assistance under such title to use such assistance for enrollment in the program.
“(3) The program provides all individuals with an equal opportunity to participate in the program as described in subparagraphs (B) and (C) of section 111(b)(7).
“(4) The program awards a certificate of completion in recognition of successful completion of the program, evidenced by an appropriate certificate issued by the registration agency, and in the case of apprenticeships and youth apprenticeships, prepares a program participant to obtain a recognized postsecondary credential.
“(5) The program provides that an individual who is to become a program participant under the program enters into a written apprenticeship agreement described in section 123 with the sponsor of the program.
“(6) The numeric ratio of program participants to supervisors (such as journeyworkers, mentors, or on-the-job learning instructors, as applicable) for the apprenticeable occupation, that are based on evidence-based and evidence-informed best practices for supervision, training, safety, and continuity of employment, throughout the work processes of the program, job site, department, or plant, appropriate for the degree of hazard in different occupations, and consistent with provisions in collective bargaining agreements, as applicable, except if such ratios are expressly prohibited by the collective bargaining agreements.
“(a) In general.—To ensure the standards described in section 122 are applied to programs under the national apprenticeship system, the Administrator shall require a sponsor to develop an apprenticeship agreement that shall—
“(b) Standards.—Each agreement under subsection (a) shall contain, explicitly or by reference, program standards under section 122, including—
“(1) in the case of an apprenticeship program—
“(A) that is time-based, a statement of the number of hours to be spent by the program participant in on-the-job learning and on-the-job training in order to complete the program;
“(2) the number of hours and form of related instruction, including how related instruction will be compensated (whether through academic credit, wages, or both), the costs the program participant will incur costs for participating in the program (such as for equipment or related instruction), and the recognized postsecondary credentials the program participants will be eligible to receive upon program completion;
“(3) a schedule of the work processes in the occupation or industry divisions in which the program participant is to be trained and the approximate time to be spent at each process;
“(a) Program registration application.—In order to bring together employers and labor for the formulation of programs under the national apprenticeship system, the Administrator shall provide for the registration of programs in which a sponsor applying to register a program under the national apprenticeship system shall request registration of such program from a registration agency by submitting the information required by the registration agency, including—
“(1) information demonstrating that each of the requirements of section 122 will be met for the program;
“(b) Recognition and registration process.—
“(1) REVIEW AND APPROVAL PROCESS.—
“(A) PROVISIONAL APPROVAL REVIEW.—An application submitted under subsection (a) that the registration agency determines meets the requirements described in such subsection shall be registered for a provisional 1-year period beginning not later than 30 days after such application is submitted. During such period, the registration agency shall accept and record the apprenticeship agreement as evidence of the program’s compliance and registration to operate such program.
“(B) FULL APPROVAL OR EXTENDED PROVISIONAL APPROVAL.—By the end of a provisional registration period for a program, the registration agency providing provisional approval under subparagraph (A) shall review the program for quality and for compliance with the applicable standards under this subtitle and all other applicable program requirements under this Act, and—
“(i) if a registration agency conducting a provisional review determines that the program complies with the standards and requirements under this Act, the registration agency shall fully approve the registration of the program; or
“(ii) if a registration agency conducting a provisional review determines that the program is not conforming to the requirements or standards under this Act, the registration agency may continue the provisional registration of the program through the first full training cycle for program participants, and conduct an additional provisional review at the conclusion of the training cycle.
“(C) FAILURE TO MEET REQUIREMENTS.—If, after an initial provisional review under subparagraph (A), a registration agency conducting such provisional review determines that the program is not in operation or does not conform to the requirements under this Act, the registration agency shall recommend technical assistance and corrective action for the program, or deregistration, in accordance with procedures established under subsections (b) and (c) of section 131.
“(2) CERTIFICATE OF REGISTRATION.—
“(A) IN GENERAL.—A registration agency that registers a program under paragraph (1) shall—
“(i) provide the sponsor of the program with a certificate of registration or other written evidence of registration; and
“(ii) provide a copy of the certificate of registration to the Secretary of Veterans Affairs or the applicable State veterans agency for the purpose of aligning the registration process with the process for approving such program for eligible veterans’ use of supplemental educational assistance benefits.
“(3) PROGRAM PARTICIPANT REGISTRATION.—A sponsor providing a program that is registered in accordance with paragraph (2) shall provide to an individual seeking to be a program participant the opportunity to apply through the sponsor, and shall—
“(A) enter into a written individual apprenticeship agreement described in section 123 with each such individual before the commencement of the program; and
“(B) individually register each program participant with the registration agency by filing a copy of the individual apprenticeship agreement with the registration agency or as otherwise required by the registration agency, and sharing a copy with the Administrator as appropriate, as described under section 123(a)(4).
“(4) TRANSITION PROCESS FOR PREVIOUSLY APPROVED PROGRAMS.—With respect to a program that was registered under this Act as of the day before the date of enactment of the National Apprenticeship Act of 2020, the registration agency shall take such steps as necessary to—
“(c) Modifications or changes to youth apprenticeship, pre-apprenticeship, or apprenticeship programs.—
“(1) SPONSOR PROPOSAL.—Any sponsor that wishes to modify a program, including the program’s method of meeting the standards required under this Act, shall submit the proposal for such change or modification to the registration agency for the program.
“(2) REGISTRATION AGENCY REQUIREMENTS.—
“(A) IN GENERAL.—The registration agency shall determine whether to approve the proposal and notify the sponsor of the determination by not later than 60 days after receipt of the proposal.
“(B) APPROVAL OF PROPOSAL.—If the proposal is approved, the registration agency shall amend the record of the program to reflect the modification or change, and provide the sponsor or program administrator with an acknowledgment of the amended program, by not later than 30 days after the date of approval.
“(C) DISAPPROVAL OF PROPOSAL.—If the proposal is not approved, the registration agency shall—
“(i) notify the sponsor of the reasons for the disapproval and provide the sponsor with technical assistance to maintain the program as originally registered;
“(a) Purpose.—The purpose of this section is to provide program performance transparency across the programs under the national apprenticeship system, assess the effectiveness of States in achieving positive outcomes for program participants served by those programs, and establish performance accountability measures related to program completion and key indicators of performance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
“(b) Reviews by registration agencies.—
“(1) PERFORMANCE REVIEWS.—
“(A) IN GENERAL.—A registration agency shall—
“(i) annually collect performance data for each program registered under section 124 by such agency to determine—
“(I) the performance of the program with respect to the indicators of performance under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i) or in the case of a youth apprenticeship program, section 116(b)(2)(A)(ii)) of such Act (29 U.S.C. 3141(b)(2)(A)(ii)), as applied to programs under the national apprenticeship system; and
“(B) REPORTS.—The registration agency for a State shall annually prepare and submit to the Administrator a State performance report that includes the following information with respect to each program registered under section 124 by such agency, including—
“(i) information specifying the levels of performance described in subparagraph (A), as compared to goals set in section 113(c)(8)(A)(i);
“(ii) the percentage of program participants by race, sex ethnicity and, to the extent practicable, by individuals with disabilities, as compared to such percentages within the working age population who are in the geographical area from which the sponsor usually seeks or reasonably could seek program participants and who meet the minimum eligibility requirements for entry into in the program;
“(iii) the percentage of program participants served by each of the programs that obtained unsubsidized employment in a field related to the apprenticeable occupation;
“(iv) the average time to completion for the program as compared to the description in the agreement under paragraphs (1) and (2) of section 123(b);
“(v) the average cost per participant during the most recent program year and the 3 preceding program years;
“(vii) information on the State’s activities required under section 113(c), including the State’s uses of funds; and
“(viii) the disaggregation of the performance data described in clauses (i) through (vi)—
“(I) by the program type (apprenticeship, youth apprenticeship, or pre-apprenticeship program) involved; and
“(II) by race, ethnicity, sex, age, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)).
“(2) COMPREHENSIVE PROGRAM REVIEWS.—
“(A) IN GENERAL.—A registration agency shall periodically review each program registered under section 124 by such agency for quality assurance and compliance with the requirements of this Act.
“(C) REVIEW.—The review shall be a comprehensive review regarding all aspects of the program performance, including—
“(i) determining whether the registration agency is receiving notification from the sponsor of a program regarding individuals who are registered as new youth apprentices, pre-apprentices, or apprentices under the program, or who successfully complete the program, as required under this Act;
“(ii) determining whether the sponsor of the program is complying with the requirements of this Act;
“(c) Subsequent action.—
“(1) TECHNICAL ASSISTANCE.—The registration agency shall provide technical assistance to the sponsor and identify areas that require technical assistance, including—
“(A) to support the sponsor in creating a plan to meet the State goals described in section 113(c)(8)(A)(ii), as applicable; and
“(2) CORRECTIVE ACTION AND DEREGISTRATION OF AN APPRENTICESHIP PROGRAM.—The registration agency may take corrective action, and if warranted, deregister a youth apprenticeship, pre-apprenticeship, or apprenticeship program, after making a determination that the program demonstrates persistent and significant failure to perform successfully, which occurs when—
“(B) the program shows a pattern of poor results on the indicators described in subsection (b)(1)(A)(i) over a period of 3 years, given the characteristics of program participants and economic conditions in the area served, or are lower than the national or State average;
“(3) NOTIFICATION AND HEARING.—If the registration agency makes a determination described in paragraph (2), the registration agency shall notify the Secretary and the sponsor of the determination in writing, and permit the sponsor to request a hearing by the Office of Administrative Law Judges. The registration agency shall transmit to the Secretary a report containing all pertinent facts and circumstances concerning the determination, including findings and a recommendation for deregistration, and copies of all relevant documents and records. If the sponsor does not request the hearing not later than 15 days after receiving such notification, the registration agency shall deregister the program after the period for requesting such a hearing has expired.
“(4) NOTIFICATION AND TREATMENT OF APPRENTICES.—Not later than 15 days after the registration agency deregisters a program, the sponsor or program administrator shall notify program participant—
“(B) that such deregistration automatically deprives the program participant of individual registration as part of such youth apprenticeship, pre-apprenticeship, or apprenticeship program, including the ability to receive a certificate of completion from the registration agency;
“(a) Research.—The Secretary shall conduct, through an independent entity, research for the purpose of improving the management and effectiveness of the programs and activities carried out under this Act and to assist in the evaluation of the programs as described in section 131.
“(b) Techniques.—The research conducted under this section shall utilize appropriate methodology and research designs.
“(c) Contents.—Such research shall address—
“(1) the general effectiveness of such programs and activities in relation to their cost, including the extent to which the programs and activities—
“(A) improve the skill and employment competencies of participants in comparison to comparably-situated individuals who did not participate in such programs and activities;
“(B) to the extent feasible, increase the levels of total employment, of attainment of recognized postsecondary credentials, and of measurable skills, above the levels that would have existed in the absence of such programs and activities;
“(2) the impact of the National Apprenticeship Act of 2020 on the general effectiveness of programs under the national apprenticeship system, including the implementation of policies such as dual or concurrent enrollment programs, advanced standing, or industry recognized apprenticeable occupations;
“(d) Reports.—
“(1) INDEPENDENT ENTITY.—The independent entity carrying out the research shall prepare and submit to the Secretary—
“(2) REPORTS TO CONGRESS.—Not later than 60 days after receipt of the interim report and final report described in subparagraphs (A) and (B) of paragraph (1), respectively, the Secretary shall submit each report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
“(a) Authority.—
“(1) IN GENERAL.—The Administrator shall award grants, contracts, or cooperative agreements to eligible entities on a competitive basis for one or more of the following purposes:
“(A) CREATION AND EXPANSION ACTIVITIES.—To expand the offerings of programs under the national apprenticeship system—
“(B) ENCOURAGING EMPLOYER PARTICIPATION.—To encourage employer participation in programs under the national apprenticeship system—
“(i) that target individuals with barriers to employment in youth apprenticeship, pre-apprenticeship, or apprenticeship programs, prioritizing nontraditional apprenticeship populations such as women, minorities, long-term unemployed, individuals with a disability, individuals with substance abuse issues, veterans, military spouses, individuals experiencing homelessness, individuals impacted by the criminal or juvenile justice system, and foster and former foster youth;
“(C) INTERMEDIARY GRANTS.—If the eligible entity is a qualified intermediary—
“(i) to support national industry and equity intermediaries in establishing or expanding sector-based partnerships to support the delivery or expansion of programs under the national apprenticeship system to significant scale in the United States—
“(I) in key sectors, including manufacturing, information technology, cyber security, health care, insurance and finance, energy, hospitality, retail, construction, and other sectors identified by the Administrator and the Advisory Committee as targeted for expansion under the national apprenticeship system; or
“(2) DURATION.—
“(A) IN GENERAL.—The Administrator shall award grants under this subsection for a period of not more than 3 years.
“(B) EXTENSION.—The eligible entity may apply for, and the Administrator may grant, an extension of the grant period for not more than 1 additional 2-year period, if the grant recipient demonstrates to the Administrator that the recipient—
“(b) Funding requirements.—
“(1) MATCHING FUNDS REQUIRED.—The Administrator shall require, as a condition of receipt of funds under this section, an eligible entity to match funds awarded under this section in an amount not less than 25 percent of the funds awarded to such recipient under this section. Such eligible entity may make the matching funds available directly or through donations from non-Federal, public, or private organizations, in cash or in kind, fairly evaluated.
“(2) WAIVER.—The Administrator may waive the requirement under paragraph (1) if the entity demonstrates that exceptional circumstances prevent the entity from meeting the requirement, such as demonstrating that the entity serves a high proportion of individuals with barriers to employment, or due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the eligible entity.
“(c) Priority and distribution.—
“(1) PRIORITY.—In awarding grants under this section, the Administrator shall give priority to an eligible entity—
“(2) GEOGRAPHIC DISTRIBUTION.—In awarding grants under this subsection, the Administrator shall, to the extent practicable, ensure a geographically diverse distribution of grants, including a geographically diverse distribution among regions of the country and among urban, suburban, and rural areas.
“(d) Eligible entity.—To be eligible to apply for grants under this title, an eligible entity shall—
“(1) demonstrate a partnership with two or more of the following:
“(E) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system;
“(e) General Application requirements.—An eligible entity applying for a grant under this section shall submit to the Administrator a description of each of the following:
“(2) Each entity with which the eligible entity is partnered or engaged under subsection (d) and the role of each such entity in carrying out activities funded under this subsection.
“(3) The ability of the applicant, directly or through partners—
“(A) to enroll, instruct, advance, and graduate program participants served by the grant activities, and enable the participants to gain employment after program completion;
“(5) A plan—
“(B) as appropriate, to coordinate activities assisted under the grant with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and any related Federal programs and if appropriate, how funds provided under these programs will be leveraged in support of the programs supported by this grant;
“(C) to use funds awarded under this section in support of the programs supported by this grant, as described in section 202;
“(E) to recruit and retain program participants for pre-apprenticeship, youth apprenticeship, and apprenticeship programs, including from nontraditional apprenticeship populations, such as women, minorities, individuals with disabilities, individuals impacted by the criminal or juvenile justice system, and individuals with barriers to employment, to ensure program participants are able to access supportive services, as applicable, and how such plan will support the eligible entity in meeting the equal opportunity requirements for diversity described in subparagraphs (B) and (C) of section 111(b)(7) and section 113(c)(5), as applicable.
“(6) For any grants expanding existing programs under the national apprenticeship system, a description of—
“(B) the effectiveness of the program, including demonstrations of programmatic components such as program costs to employers and to program participants, completion and placement rates, credential attainment, diversity in populations served, the effectiveness of the program in increasing participant’s wages and benefits, or services provided to employers and program participants.
“(7) A description of potential program participants and strategies to support the recruitment, retention, and completion of such participants, including nontraditional apprenticeship populations and individuals with barriers to employment, to the extent practicable.
“(8) A description of strategies to recruit and support employers involved in programs under the national apprenticeship system.
“(9) An assurance that the eligible entity will—
“(A) provide information to the Administrator, as requested, for any such evaluations as the Administrator may carry out;
“(B) make program performance outcome data available (in accordance with applicable data privacy laws, including section 444 of the General Education Provisions Act (20 U.S.C. 1232g) and section 4 of this Act) to independent evaluators to enable the evaluators to prepare the evaluations and research reports described in section 203(a)(1); and
“(f) Additional application requirements.—The Administrator shall require an eligible entity applying for a grant under this title to include as part of their application in subsection (e) the following information, as applicable:
“(1) CREATION AND EXPANSION ACTIVITIES.—
“(A) NEW APPRENTICESHIP PROGRAMS.—An eligible entity applying to create new apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(i) shall include as part of their application a description of—
“(B) EXPANDING APPRENTICESHIP PROGRAMS.—An eligible entity applying to expand existing apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(ii) shall include as part of their application a description of employers engaged in the program expansion.
“(C) CREATING OR EXPANDING PRE-APPRENTICESHIP PROGRAMS.—An eligible entity applying to create or expand pre-apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(iii) shall include as part of their application a description of—
“(D) CREATING OR EXPANDING YOUTH APPRENTICESHIP PROGRAMS.—An eligible entity applying to create or expand youth apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(iv) shall include as part of their application a description of—
“(i) an existing partnership with at least one high school offering related instruction for the youth apprenticeship program, with existing integration into the academic content of the high school diploma requirements, or with demonstrated plans for integration of related instruction into the high school curriculum; and
“(2) ENCOURAGING EMPLOYER PARTICIPATION.—
“(A) INDIVIDUALS WITH BARRIERS TO EMPLOYMENT.—An eligible entity applying to target individuals with barriers to employment for apprenticeship, youth apprenticeship, or pre-apprenticeship programs and carry out activities in accordance with subsection (a)(1)(B)(i) shall include as part of their application a description of—
“(B) HIGH-NEED SOCIAL SERVICE-RELATED INDUSTRIES.—An eligible entity applying to offer pre-apprenticeship, youth apprenticeship, or apprenticeship programs in high-need social service-related industries, sectors, or occupations and carry out activities in accordance with subsection (a)(1)(B)(ii) shall include as part of their application a description of wages and benefits offered to program participants.
“(C) INDIVIDUALS CURRENTLY OR RECENTLY INCARCERATED.—An eligible entity applying to target individuals currently or recently incarcerated and establish or carry out pre-apprenticeship programs and apprenticeship programs in accordance with subsection (a)(1)(B)(iii) shall include as part of their application a description of—
“(i) a plan to assist the program participants in obtaining the documentation and work authorization necessary to participate in such program;
“(ii) partnerships with organizations that will assist program participants in accessing activities to improve financial literacy and supportive services;
“(iii) how the assessments used to support the placement of potential program participants into a program accurately reflect the participants’ skills and competencies;
“(iv) a plan to provide information about resources to program participants to address mental health or substance abuse issues;
“(v) partnerships with organizations that support—
“(D) SMALL- AND MEDIUM-SIZED EMPLOYERS.—An eligible entity applying to engage small- and medium-sized employers and carry out activities in accordance with subsection (a)(1)(B)(iv) shall include as part of their application a description of demonstrated success in engaging small- and medium-sized employers and the ability to recruit new employers to participate in related partnerships or programs, such as small businesses owned or controlled by women, minorities, or veterans.
“(3) INTERMEDIARY GRANTS.—
“(A) SUPPORTING NATIONAL INDUSTRY AND EQUITY INTERMEDIARIES.—An eligible entity applying to carry out activities in accordance with subsection (a)(1)(C)(i) shall include as part of their application a description of the ability of such entity to convene a diverse group of industry specific stakeholders for the purposes of developing or expanding programs, including employers, workforce development organizations, industry associations, labor groups (including joint labor-management organizations), and education and training providers at a national level or with national reach.
“(B) SERVING PROGRAMS IN A LOCAL OR REGIONAL SETTING.—An eligible entity applying to carry out activities in accordance with subsection (a)(1)(C)(ii) shall include as part of their application a description of how such entity will—
“(i) engage employers, especially small- and medium-sized businesses, in the formation or ongoing development of industry or sector partnerships and programs in the national apprenticeship system;
“(ii) identify the industry or sector partnerships that will be served, and demonstrate alignment to high-skill, high-wage, or in-demand industry sectors or occupations;
“(4) EDUCATIONAL ALIGNMENT.—An eligible entity applying to carry out activities in accordance with subsection (a)(1)(D) shall include as part of their application a description of—
“(A) a demonstration of a partnership with—
“(a) General activities.—An eligible entity applying for any grant activity under section 201(a)(1)—
“(1) shall use at least 5 percent of the grant funds to provide direct financial assistance to apprentices, pre-apprentices, or youth apprentices through emergency grants to support their financial needs to enter, remain enrolled in, and complete such program, such as support for the related costs of supplies and equipment, courses, transportation, child care, and housing; and
“(2) may use funds for any of the following activities:
“(A) To establish or expand partnerships with organizations that provide program participants access to financial planning, mentoring, and supportive services that are necessary to enable an individual to participate in and complete a program under the national apprenticeship system.
“(B) To conduct outreach and recruitment activities, including assessments of potential participants for, and enrollment of participants in, a program under the national apprenticeship system.
“(C) To conduct outreach, engagement, recruitment, and coordination of activities with employers, industry associations, labor and joint labor-management organizations, qualified intermediaries, education and training providers, State or local workforce agencies, potential sponsors, community-based organizations, communities with high numbers or percentages of nontraditional apprenticeship populations, small- and medium-sized businesses, or rural communities to establish or expand industry or sector partnerships and opportunities under the national apprenticeship system.
“(b) Additional uses of funds.—
“(1) CREATION OR EXPANSION ACTIVITIES.—
“(A) APPRENTICESHIP PROGRAM CREATION.—An eligible entity that receives funds under section 201(a)(1)(A)(i) shall use such funding to create and implement an apprenticeship program, which may include—
“(B) APPRENTICESHIP PROGRAM EXPANSION.—An eligible entity that receives funds under section 201(a)(1)(A)(ii) shall use such funds to expand an existing apprenticeship program, which may include—
“(ii) conducting outreach to and engagement with employers for the purposes of program expansion, including creation of new or expansion of existing industry or sector partnerships;
“(C) PRE-APPRENTICESHIP PROGRAMS.—An eligible entity that receives funds under section 201(a)(1)(A)(iii) shall use such funds to create a new pre-apprenticeship program or expand an existing pre-apprenticeship program, which may include—
“(i) coordinating pre-apprenticeship program activities with an apprenticeship program in a high-skill, high-wage, or in-demand industry sector or occupation, including the creation or expansion of work-based learning opportunities, and articulation agreements for those who successfully complete a pre-apprenticeship to earn academic credit and enroll in an apprenticeship program;
“(ii) creating, expanding, or integrating related instruction and work-based learning, which may include training in the workplace and supporting partnerships to create opportunities for pre-apprentices to earn credit at a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program;
“(iii) providing participants with career exploration and career planning activities and with exploration of postsecondary opportunities including apprenticeship programs;
“(iv) with respect to participants without a high school diploma or a generally recognized equivalent, paying the costs affiliated with acquiring such equivalent, and the costs of any related assessments of potential pre-apprentices or active pre-apprentices, including those that would verify the attainment of foundational knowledge and skills necessary to succeed in an apprenticeship program;
“(v) development or expansion of partnerships with organizations that assist program participants in accessing supportive services, which may include the 12-month period after the conclusion of a pre-apprenticeship program;
“(vi) providing commensurate wages to the linked apprenticeship program for pre-apprentices as they participate in and complete the pre-apprenticeship program, as appropriate;
“(D) YOUTH APPRENTICESHIP PROGRAMS.—An eligible entity that receives funds under section 201(a)(1)(A)(iv) shall use such funds to create a new youth apprenticeship program or expand an existing youth apprenticeship program, which may include—
“(i) paying for the costs associated with curriculum development and alignment of that curriculum with recognized postsecondary credentials including industry-recognized credentials, high school graduation requirements, and related instruction, including curriculum development for dual or concurrent enrollment;
“(ii) providing employers, and to the extent practicable, labor organizations and joint labor management organizations, technical assistance to support the participation of youth apprentices under the age of 18;
“(iv) providing career exploration and career planning activities, including exploration of postsecondary opportunities such as apprenticeship programs;
“(v) providing technical assistance to support the participation of small- and medium-sized businesses in youth apprenticeship programs;
“(vi) developing or expanding partnerships with organizations that assist program participants in accessing supportive services, which may include the 12-month period after the conclusion of such a youth apprenticeship program; or
“(vii) providing teachers, career guidance and academic counselors, school leaders, administrators, specialized instructional support personnel, and paraprofessionals with professional development opportunities to build an understanding of apprenticeship opportunities available to students, including experiential opportunities like externships.
“(2) INCENTIVE FUNDS.—
“(A) BARRIERS TO EMPLOYMENT.—An eligible entity that receives funds under section 201(a)(1)(B)(i) shall use such funds to encourage employer participation in programs under the national apprenticeship system that target individuals with barriers to employment, which may include—
“(i) providing financial assistance to employers to support costs related to the programs, such as training incumbent workers for participation as mentors or employees supervising the on-the-job learning;
“(B) HIGH-NEED SOCIAL SERVICE-RELATED INDUSTRIES.—An eligible entity that receives funds under section 201(a)(1)(B)(ii) shall use such funds to incentivize employer participation in programs under the national apprenticeship system in high need social service-related industries, sectors, or occupations, which may include—
“(i) providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors, or employees providing on-the-job training;
“(ii) supporting the cost of related instruction or wages for program participants during related instruction;
“(C) INDIVIDUALS IMPACTED BY THE JUSTICE SYSTEM.—An eligible entity that receives funds under section 201(a)(1)(B)(iii) shall use such funds to incentivize employer participation in programs under the national apprenticeship system that target individuals impacted by the criminal or juvenile justice system, which may include—
“(D) IN-DEMAND INDUSTRY SECTOR OR OCCUPATION GRANTS FOR SMALL- AND MEDIUM-SIZED BUSINESSES.— An eligible entity that receives funds under section 201(a)(1)(B)(iv) shall use such funds to encourage participation of small- and medium-sized businesses in programs under the national apprenticeship system, which may include—
“(i) providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors or employees supervising the on-the-job learning;
“(ii) supporting the cost of related instruction or wages for program participants during related instruction;
“(3) INTERMEDIARY GRANTS.—
“(A) NATIONAL INDUSTRY AND EQUITY INTERMEDIARIES.—An eligible entity that receives funds under section 201(a)(1)(C)(i) shall use such funds to carry out activities at a national and regional level to support the promotion and expansion of industry or equity intermediaries, which may include—
“(i) creating partnerships and leveraging collaborations with employers, workforce development organizations, industry associations, labor organizations, and education and training providers to help multiple employers make education and training more affordable and accelerate the expansion of programs under the national apprenticeship system nationwide;
“(ii) assisting employers in expanding programs, starting new programs, and working together to create a pipeline of skilled workers;
“(iii) increasing the participation and completion of nontraditional apprenticeship populations in programs under the national apprenticeship system, which may include—
“(iv) providing national activities to increase awareness and access to programs, including strategic marketing and outreach, technology improvements, and innovations that make it easier for employers to start programs and for individuals to connect with program opportunities;
“(B) LOCAL INTERMEDIARIES.—An eligible entity that receives funds under section 201(a)(1)(C)(ii) may use such funds to carry out activities at a local or regional level to support the promotion and expansion of programs under the national apprenticeship system, which may include—
“(i) providing training or related instruction associated with the programs or for curriculum improvements that align with the requirements of the programs and learning assessments;
“(ii) engaging with local education and training providers to support related instruction aligned with the needs of high-skill, high-wage, or in-demand industry sectors and occupations, and to the extent practicable, support the provision of academic credit for related instruction;
“(iii) providing services, including business engagement, classroom instruction, and development of partnerships with organizations that assist program participants in accessing supportive services (which may include the 12-month period after the conclusion of the other activities in the youth apprenticeship and pre-apprenticeship programs involved);
“(iv) providing technical assistance on the registration process for a sponsor of a youth apprenticeship, pre-apprenticeship, or apprenticeship program;
“(v) connecting businesses, labor organizations, or joint-labor management organizations with education and training providers to develop related instruction to complement the on-the-job learning portion of a youth apprenticeship, pre-apprenticeship, or apprenticeship program;
“(4) EDUCATIONAL ALIGNMENT GRANTS.—An eligible entity that receives funds under section 201(a)(1)(D) shall use such funds to strengthen alignment between programs under the national apprenticeship system and education and training providers with secondary and postsecondary education systems, including degree and credential requirements, which may include—
“(A) creating and aligning the related instruction to requirements for a high school diploma or an associate’s or bachelor’s degree, including through—
“(B) creating or expanding career pathways aligned with pre-apprenticeship, youth apprenticeship, or apprenticeship programs;
“(C) providing professional development for teachers, career guidance and academic counselors, school leaders, administrators, specialized instructional support personnel, and paraprofessionals to build an understanding of opportunities in the national apprenticeship system available to students and to incorporate such opportunities into academic content and offerings;
“(D) offering prior learning assessments, which may include credit for prior learning to grant advanced standing in a program under the national apprenticeship system and credit towards an associate’s or bachelor’s degree;
“(a) Recipient reports.—Each recipient of a grant under this section shall—
“(1) provide for an independent evaluation of the activities carried out under this title during the grant period;
“(2) provide for an annual report and for a final report at the conclusion of the grant period, which include—
“(A) a description of how the funds received through the grant were used and how the uses of funds aligned with the description in the application specified in section 201(e)(5)(C);
“(B) in the case of an eligible entity that is required to report data under section 131(b)(1), the data collected under such section for the grant period;
“(D) the total number that obtained unsubsidized employment in a field related to the apprenticeable occupation;
“(E) the total number of program participants that completed the program in which they were enrolled;
“(F) the average time to completion for each program as compared to the program standards description under paragraphs (1) and (2) of section 123(b);
“(G) the average cost per participant during the most recent program year and the 3 preceding program years;
“(I) the disaggregation of performance data described in subparagraphs (A) through (H)—
“(i) by the program type (apprenticeship, youth apprenticeship, or pre-apprenticeship program) involved; and
“(ii) by race, ethnicity, sex, age, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)); and
“(b) Administrator evaluations.—
“(1) IN GENERAL.—The Administrator shall prepare—
“(2) CONTENTS.—Such evaluations shall address, for the activities carried out under each grant awarded under this section, the general effectiveness of the activities in relation to their cost, including the extent to which the activities—
“(A) improve the participation in, retention in, and completion of youth apprenticeship, pre-apprenticeship, and apprenticeship programs by nontraditional apprenticeship populations;
“(3) REPORTS TO CONGRESS.—Not later than 60 days after the completion of the interim evaluation and the final evaluation described in this section, the Administrator shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report summarizing the findings of the interim evaluations and a report summarizing the final evaluations.
“There are authorized to be appropriated to carry out this title:
SEC. 4. Conforming amendments.
(a) American Competitiveness and Workforce Improvement Act of 1998.—Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a) is repealed.
(b) Immigration and Nationality Act.—Section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended—
Union Calendar No. 465 | |||||
| |||||
[Report No. 116–567, Part I] | |||||
A BILL | |||||
To amend the National Apprenticeship Act and expand the national apprenticeship system to include apprenticeships, youth apprenticeships, and pre-apprenticeship registered under such Act, to promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, and for other purposes. | |||||
November 9, 2020 | |||||
Reported from the Committee on Education and Labor with an amendment | |||||
November 9, 2020 | |||||
Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |