Jobs, On-the-Job ‘Earn-While-You-Learn’ Training, and Apprenticeships for Young African Americans Act

I 117TH CONGRESS 1ST SESSION H. R. 3445 To amend the National Apprenticeship Act in order to increase and expand the national apprenticeship system to include the immediate recruitment, employment, and on-the-job earn-as-you-learn training of young African Americans, and to promote the development of equitable hiring standards necessary to safeguard the diversity of apprentices, and for other pur- poses. IN THE HOUSE OF REPRESENTATIVES MAY 20, 2021 Mr. DAVID SCOTT of Georgia (for himself, Mr. CLEAVER, Mr. THOMPSON of Mississippi, Mr. PALLONE, Mrs. CAROLYN B. MALONEY of New York, Mr. TAKANO, Mr. BISHOP of Georgia, Mrs. DEMINGS, Mr. THOMPSON of California, Ms. LEE of California, Mr. DOGGETT, Mr. JOHNSON of Geor- gia, Ms. NORTON, Ms. PORTER, and Mr. PERLMUTTER) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the National Apprenticeship Act in order to in- crease and expand the national apprenticeship system to include the immediate recruitment, employment, and on-the-job earn-as-you-learn training of young African Americans, and to promote the development of equitable hiring standards necessary to safeguard the diversity of apprentices, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 05:24 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3445.IH H3445 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 3445 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Jobs, On-the-Job 2 ‘Earn-While-You-Learn’ Training, and Apprenticeships 3 for Young African Americans Act’’. 4 SEC. 2. FINDINGS. 5 Congress finds the following: 6 (1) Young African-American men and women 7 are the hardest hit by economic instability. Declared 8 and affirmed by the Federal Reserve, African Ameri- 9 cans face unemployment rates that are two to three 10 times higher than their White counterparts for the 11 last several decades. 12 (2) During economic recessions in 1974 13 through 1975, 1981 through 1982, 1990 through 14 1991, and 2008, the African-American community 15 faced significantly higher unemployment rates than 16 their White counterparts. 17 (3) Even during times of economic growth, Af- 18 rican-American communities experience prolonged fi- 19 nancial vulnerability and delayed recovery. Unem- 20 ployment rates decline at a slower rate for African- 21 American men, and even a slower rate for African- 22 American women as compared to their White coun- 23 terparts. 24 (4) Affirmed by the Department of Labor, di- 25 versity and inclusion within the workforce benefits 26 VerDate Sep 11 2014 05:24 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3445.IH H3445 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 3445 IH employees and businesses across all industries, in- 1 cluding apprenticeship programs, which provide eco- 2 nomic mobility to its participants. 3 (5) Through the combined efforts of building 4 trades unions and community partners at the State 5 and local level, there have been established more 6 than 150 apprenticeship readiness programs across 7 the United States that focus on creating pathways 8 to Registered Programs for people of color, women, 9 and veterans. Overall, from 2009 to 2019, building 10 trades unions and their signatory contractors have 11 invested over $100,000,000 in outreach efforts tar- 12 geting under-represented communities to participate 13 in apprenticeship readiness programs. Of the 4,800 14 individuals who have successfully completed a build- 15 ing trades apprenticeship readiness program since 16 2016, 70 percent were from communities of color 17 and 22 percent were women. 18 (6) The disproportionately high-unemployment 19 rates, combined with low participation rates from 20 African Americans in registered apprenticeship pro- 21 grams not only constitute a national crisis but a na- 22 tional tragedy for the young African Americans, 23 many of whom are fathers and mothers who, without 24 VerDate Sep 11 2014 05:24 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3445.IH H3445 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 3445 IH jobs, are unable to provide for their families or 1 home. 2 SEC. 3. DIVERSITY AND INCLUSION ADMINISTRATOR. 3 (a) IN GENERAL.—There is established within the 4 Office of Apprenticeship in the Office of Employment and 5 Training Administration of the Department of Labor a po- 6 sition to be known as the ‘‘Diversity and Inclusion Admin- 7 istrator’’. 8 (b) RESPONSIBILITIES.—The Diversity and Inclusion 9 Administrator shall— 10 (1) promote greater diversity, including an in- 11 crease in the participation of individuals who are Af- 12 rican-American, Hispanic, Asian American or Pacific 13 Islander, or Native American in the national appren- 14 ticeship system; 15 (2) engage with institutions of higher education 16 and other education and training providers with sec- 17 ondary, postsecondary, and adult education systems, 18 including degree and credential requirements; 19 (3) employers from nontraditional apprentice- 20 ship industries and occupations; and 21 (4) assist State apprenticeship agencies and 22 sponsors in complying with the requirements of this 23 Act. 24 VerDate Sep 11 2014 05:24 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3445.IH H3445 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 3445 IH SEC. 4. REGISTERED APPRENTICESHIP APPLICATION. 1 (a) IN GENERAL.—The Administrator of the Office 2 of Apprenticeship, acting through the Diversity and Inclu- 3 sion Administrator, shall require each entity seeking to 4 register an apprenticeship under the Act of August 16, 5 1937 (commonly referred to as the ‘‘National Apprentice- 6 ship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et 7 seq.) to submit, as a part of the application to register 8 such apprenticeship, a plan to increase participation of in- 9 dividuals who are African American. 10 (b) RENEWAL OF REGISTRATION.—A registered ap- 11 prenticeship program seeking renewal of such registration 12 under the Act of August 16, 1937 (commonly referred to 13 as the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chap- 14 ter 663; 29 U.S.C. 50 et seq.) shall include in the applica- 15 tion for such registration a plan described in subsection 16 (a). 17 SEC. 5. GRANT PROGRAM AUTHORIZATION. 18 (a) IN GENERAL.—The Diversity and Inclusion Ad- 19 ministrator, in consultation with the Secretary of Edu- 20 cation as appropriate, shall award grants on a competitive 21 basis to eligible registered entities to create or expand di- 22 versity in registered apprenticeship programs. 23 (b) TARGET PROGRAMS.—In issuing grants under 24 subsection (a), the Diversity and Inclusion Administrator 25 shall target registered apprenticeship programs in tradi- 26 VerDate Sep 11 2014 05:24 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3445.IH H3445 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 3445 IH tional and nontraditional apprenticeship industries or oc- 1 cupations, such as for programs demonstrating demand 2 in construction, welding, electrical engineering, plumbing, 3 information technology, energy, green jobs, advanced man- 4 ufacturing, health care, or cybersecurity. 5 (c) USE OF FUNDS.—A grantee under this section 6 may use funds— 7 (1) to establish or expand partnerships with or- 8 ganizations that provide African-American partici- 9 pants and other nontraditional program participants 10 access to financial planning, mentoring, and sup- 11 portive services that are necessary to enable an indi- 12 vidual to participate in and complete a program 13 under the national apprenticeship system; 14 (2) to conduct outreach and recruitment activi- 15 ties, including assessments of potential African- 16 American participants and other nontraditional par- 17 ticipants for, and enrollment of such participants in, 18 a program under the national apprenticeship system; 19 (3) to conduct outreach, engagement, recruit- 20 ment, and coordination of activities, for the purpose 21 of establishing industry or sector partnerships and 22 opportunities under the national apprenticeship sys- 23 tem, with— 24 (A) employers; 25 VerDate Sep 11 2014 05:24 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3445.IH H3445 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 3445 IH (B) industry associations; 1 (C) labor and labor-management organiza- 2 tions; 3 (D) qualified intermediaries; 4 (E) education and training providers; 5 (F) State or local workforce agencies; 6 (G) potential sponsors; 7 (H) community-based organizations; 8 (I) communities with high numbers or per- 9 centages of individuals who are African Amer- 10 ican and other individuals from populations 11 that the Secretary determines to be nontradi- 12 tional apprenticeship populations; 13 (J) small- and medium-sized businesses; or 14 (K) rural communities; 15 (4) to carry out grant requirements, including 16 program evaluation and reporting requirements; and 17 (5) to conduct any activities as described in the 18 application that would advance the purposes of the 19 grant. 20 (d) GRANT RECIPIENT REPORT.—Each recipient of 21 a grant under this section shall— 22 (1) submit to the Diversity and Inclusion Ad- 23 ministrator a report at the conclusion of the grant 24 period, which shall include— 25 VerDate Sep 11 2014 05:24 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3445.IH H3445 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 3445 IH (A) a description of how the funds received 1 through the grant were used to increase the 2 participation of individuals who are African 3 American, Hispanic, Asian American or Pacific 4 Islander, or Native American in the program; 5 (B) the total number of active program 6 participants; 7 (C) the total number that obtained unsub- 8 sidized employment in a field related to the 9 apprenticeable occupation; 10 (D) the total number of program partici- 11 pants that completed the program in which they 12 were enrolled; 13 (E) the average time to completion for 14 each program; 15 (F) the average cost per participant during 16 the most recent program year; and 17 (G) the percentage of participants who re- 18 ceived additional support services; and 19 (2) submit each report under paragraph (1)— 20 (A) to the registration agency; and 21 (B) to the Diversity and Inclusion Admin- 22 istrator. 23 (e) ELIGIBLE ENTITY DEFINED.—In this section, the 24 term ‘‘eligible entity’’ means— 25 VerDate Sep 11 2014 05:24 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3445.IH H3445 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 3445 IH (1) a program sponsor; 1 (2) a State workforce development board or 2 State workforce agency, or a local workforce develop- 3 ment board or local workforce development agency; 4 (3) an education and training provider, or a 5 consortium thereof; 6 (4) if the applicant is in a State with a State 7 apprenticeship agency, such State apprenticeship 8 agency; 9 (5) an Indian Tribe or Tribal organization; 10 (6) an industry or sector partnership, a group 11 of employers, a trade association, or a professional 12 association that sponsors or participates in a pro- 13 gram under the national apprenticeship system; 14 (7) a Governor of a State; 15 (8) a labor organization or joint-labor manage- 16 ment organization; 17 (9) a community organization working in part- 18 nership with one or more registered apprenticeship 19 programs; or 20 (10) a qualified intermediary. 21 SEC. 6. DEFINITIONS. 22 In this Act, the following: 23 VerDate Sep 11 2014 05:24 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3445.IH H3445 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 3445 IH (1) EDUCATION AND TRAINING PROVIDER.— 1 The term ‘‘education and training provider’’ 2 means— 3 (A) an area career and technical education 4 school; 5 (B) an early college high school; 6 (C) an educational service agency; 7 (D) a high school; 8 (E) a local educational agency or State 9 educational agency; 10 (F) a Tribal educational agency, Tribally 11 controlled college or university, or Tribally con- 12 trolled postsecondary career and technical insti- 13 tution; 14 (G) a postsecondary educational institu- 15 tion; 16 (H) a minority-serving institution; 17 (I) a provider of adult education and lit- 18 eracy activities under the Adult Education and 19 Family Literacy Act (29 U.S.C. 3271 et seq.); 20 (J) a local agency administering plans 21 under title I of the Rehabilitation Act of 1973 22 (29 U.S.C. 720 et seq.), other than section 112 23 or part C of that title (29 U.S.C. 732, 741); 24 VerDate Sep 11 2014 05:24 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3445.IH H3445 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 3445 IH (K) a related instruction provider, includ- 1 ing a qualified intermediary acting as a related 2 instruction provider as approved by a registra- 3 tion agency; 4 (L) a Job Corps center (as defined in sec- 5 tion 142 of the Workforce Innovation and Op- 6 portunity Act (29 U.S.C. 3192)); or 7 (M) a consortium of entities described in 8 any of subparagraphs (A) through (L). 9 (2) INSTITUTION OF HIGHER EDUCATION.—The 10 term ‘‘institution of higher education’’ has the 11 meaning given such term in section 101 of the High- 12 er Education Act of 1965 (20 U.S.C. 1001). 13 (3) NATIONAL APPRENTICESHIP SYSTEM.—The 14 term ‘‘national apprenticeship system’’ means the 15 apprenticeship programs, youth apprenticeship pro- 16 grams, and pre-apprenticeship programs under the 17 Act of August 16, 1937 (commonly referred to as 18 the ‘‘National Apprenticeship Act’’; 50 Stat. 664, 19 chapter 663; 29 U.S.C. 50 et seq.). 20 (4) NONTRADITIONAL APPRENTICESHIP POPU- 21 LATION.—The term ‘‘nontraditional apprenticeship 22 population’’ means a group of individuals (such as 23 individuals from the same gender, race, or ethnicity), 24 the members of which comprise fewer than 25 per- 25 VerDate Sep 11 2014 05:24 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3445.IH H3445 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 3445 IH cent of the program participants in an 1 apprenticeable occupation under the national ap- 2 prenticeship system. 3 (5) NONTRADITIONAL APPRENTICESHIP INDUS- 4 TRY OR OCCUPATION.—The term ‘‘nontraditional ap- 5 prenticeship industry or occupation’’ refers to an in- 6 dustry sector or occupation that represents fewer 7 than 10 percent of apprenticeable occupations or the 8 programs under the national apprenticeship system. 9 (6) REGISTERED APPRENTICESHIP PROGRAM.— 10 The term ‘‘registered appr [Text truncated for display. 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