PATH Act

I 116TH CONGRESS 1ST SESSION H. R. 399 To direct the Secretary of Labor to support the development of pre-appren- ticeship programs in the building and construction trades that serve underrepresented populations, including individuals from low income and rural census tracts. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2019 Mr. NORCROSS (for himself and Mr. MCKINLEY) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To direct the Secretary of Labor to support the development of pre-apprenticeship programs in the building and con- struction trades that serve underrepresented populations, including individuals from low income and rural census tracts. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Pre-Apprenticeships 4 To Hardhats Act’’ or the ‘‘PATH Act’’. 5 VerDate Sep 11 2014 02:18 Jan 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H399.IH H399 pbinns on DSK79D2C42PROD with BILLS 2 •HR 399 IH SEC. 2. SUPPORTING THE DEVELOPMENT OF PRE-APPREN- 1 TICESHIP PROGRAMS. 2 (a) SUPPORT.—The Secretary of Labor shall support 3 the development of pre-apprenticeship programs. 4 (b) GRANTS.— 5 (1) IN GENERAL.—Using funds available under 6 subsection (i), the Secretary shall make grants on a 7 competitive basis to eligible entities to provide the 8 Federal share of the cost of carrying out projects 9 that support that development. 10 (2) PERIOD.—The Secretary shall make initial 11 grants under this paragraph for periods of not more 12 than 3 years, except that if an eligible entity dem- 13 onstrates satisfactory performance under paragraph 14 (6) by the end of that third year, the Secretary may 15 extend the grant period up to an additional 1 year 16 for that entity. 17 (3) ELIGIBLE ENTITY.—To be eligible to receive 18 a grant from the Secretary under this subsection, an 19 entity shall be a nonprofit partnership that— 20 (A) includes the equal participation of in- 21 dustry, including public or private employers, 22 and labor organizations, including joint labor or 23 management training programs, and may in- 24 clude State and local workforce development 25 boards, community-based organizations, edu- 26 VerDate Sep 11 2014 02:18 Jan 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H399.IH H399 pbinns on DSK79D2C42PROD with BILLS 3 •HR 399 IH cational institutions (such as postsecondary 1 educational institutions, local educational agen- 2 cies, State educational agencies, high schools, 3 and area career and technical schools), small 4 businesses, cooperatives, State and local vet- 5 erans agencies, and veterans service organiza- 6 tions; and 7 (B) demonstrates— 8 (i) experience in implementing and op- 9 erating worker skills training and edu- 10 cation programs; 11 (ii) the ability to identify and involve 12 in training programs carried out under this 13 grant, target populations of individuals 14 who would benefit from training and be ac- 15 tively involved in activities related to all 16 building and construction trade crafts; and 17 (iii) the ability to help individuals 18 achieve economic self-sufficiency. 19 (4) PRIORITY.—The Secretary shall give pri- 20 ority to eligible entities that leverage additional pub- 21 lic and private resources to fund programs under 22 this Act, including cash or in-kind matches from 23 participating employers. 24 VerDate Sep 11 2014 02:18 Jan 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H399.IH H399 pbinns on DSK79D2C42PROD with BILLS 4 •HR 399 IH (c) APPLICATIONS.—To be eligible to receive a grant 1 from the Secretary under this subsection, an entity shall 2 submit an application to the Secretary at such time, in 3 such manner, and containing such information as the Sec- 4 retary may require, including— 5 (1) a description of the training and curriculum 6 described in subsection (g)(7)(C), and how the pro- 7 posed pre-apprenticeship program makes individuals 8 who successfully complete the pre-apprenticeship 9 program qualified to enter into an established reg- 10 istered apprenticeship program; 11 (2) evidence that there are or will be sufficient 12 openings available in the registered apprenticeship 13 program referenced in paragraph (1) to enable the 14 registered apprenticeship program sponsor to place 15 into a corresponding registered apprenticeship those 16 individuals who successfully complete the pre-ap- 17 prenticeship program; 18 (3) information about the entity that dem- 19 onstrates the existence of an active, advisory part- 20 nership between the partners described in subsection 21 (b)(3) and the capacity, of a training and education 22 provider in the entity, to provide the training and 23 education services necessary for a pre-apprenticeship 24 program; and 25 VerDate Sep 11 2014 02:18 Jan 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H399.IH H399 pbinns on DSK79D2C42PROD with BILLS 5 •HR 399 IH (4) information about the proposed pre-appren- 1 ticeship program that demonstrates— 2 (A) that the program is in an in-demand 3 industry or occupation in the region in which 4 the project is located; 5 (B) the inclusion of career exploration fo- 6 cused activities, such as career information ac- 7 tivities, and re´sume´ preparation, in the pro- 8 gram; 9 (C) if the entity carrying out the project 10 includes a high school, that the model to be 11 used for the program leads to a high school di- 12 ploma for participants without such a diploma; 13 (D) how the pre-apprenticeship program is 14 aligned with and leverages resources of career 15 and technical education programs, programs 16 and services authorized under the Workforce 17 Innovation and Opportunity Act (29 U.S.C. 18 3101 et seq.), or activities of entities that pro- 19 vide supportive services for participants in pre- 20 apprenticeship programs; and 21 (E) that the project aligns with an estab- 22 lished registered apprenticeship program, in- 23 cluding that the model used for the program 24 leads to the attainment of skills and com- 25 VerDate Sep 11 2014 02:18 Jan 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H399.IH H399 pbinns on DSK79D2C42PROD with BILLS 6 •HR 399 IH petencies necessary for entrance into the reg- 1 istered apprenticeship program for participants. 2 (d) USE OF FUNDS.— 3 (1) IN GENERAL.—An eligible entity that re- 4 ceives a grant under this subsection shall use the 5 grant funds to carry out a project that implements 6 a pre-apprenticeship program. 7 (2) REQUIRED ACTIVITIES.—The eligible entity 8 shall use the grant funds— 9 (A) to pay for the cost of training or edu- 10 cation associated with a pre-apprenticeship pro- 11 gram for individuals from an underrepresented 12 population; 13 (B) for curriculum development that align 14 with the requirements of the appropriate reg- 15 istered apprenticeship programs and learning 16 assessments; 17 (C) to maintain a connection between the 18 pre-apprenticeship program and registered ap- 19 prenticeship program; 20 (D) for assessments of potential partici- 21 pants for, and enrollment of the participants in, 22 the pre-apprenticeship program; and 23 (E) to conduct evaluations described in 24 subsection (f)(2). 25 VerDate Sep 11 2014 02:18 Jan 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H399.IH H399 pbinns on DSK79D2C42PROD with BILLS 7 •HR 399 IH (3) ALLOWABLE ACTIVITIES.—The eligible enti- 1 ty may use the grant funds for— 2 (A) stipends for participants during work- 3 based training in the program; 4 (B) coordination of activities under this 5 subsection with activities carried out under the 6 Carl D. Perkins Career and Technical Edu- 7 cation Act of 2006 (20 U.S.C. 2301 et seq.) or 8 the Workforce Innovation and Opportunity Act 9 (29 U.S.C. 3101 et seq.); and 10 (C) drug testing of potential participants. 11 (e) FEDERAL SHARE.— 12 (1) IN GENERAL.—The Federal share of the 13 cost described in subsection (b)(1) shall be 75 per- 14 cent. 15 (2) NON-FEDERAL SHARE.—The eligible entity 16 may contribute the non-Federal share of the cost in 17 cash or in-kind, fairly evaluated, including plant, 18 equipment, or services. 19 (f) PERFORMANCE.— 20 (1) MEASURES.—The Secretary shall identify a 21 set of common measures that, at a minimum, in- 22 clude measures of entry into a registered apprentice- 23 ship program and that are aligned with performance 24 accountability measures described in section 116(c) 25 VerDate Sep 11 2014 02:18 Jan 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H399.IH H399 pbinns on DSK79D2C42PROD with BILLS 8 •HR 399 IH of the Workforce Innovation and Opportunity Act 1 (29 U.S.C. 3141(c)) for the local workforce develop- 2 ment area and with corresponding measures under 3 the Carl D. Perkins Career and Technical Education 4 Act of 2006 (20 U.S.C. 2301 et seq.), as appro- 5 priate. 6 (2) EVALUATIONS.—Each eligible entity that 7 receives a grant to carry out a project under this 8 subsection shall arrange for another qualified entity 9 to conduct an evaluation, or shall participate in a 10 Department of Labor sponsored evaluation, of the 11 project using the identified common measures, and 12 shall, to the extent practicable, cooperate with the 13 evaluator in any evaluations of activities carried out 14 under this section. 15 (3) EXTENSIONS.—The Secretary shall use the 16 results of an evaluation for a project to determine 17 whether to extend the grant period, or renew a 18 grant, for the project under subsection (b)(2). 19 (g) DEFINITIONS.—In this Act: 20 (1) AREA CAREER AND TECHNICAL SCHOOL.— 21 The term ‘‘area career and technical school’’ has the 22 meaning given the term in section 3 of the Carl D. 23 Perkins Career and Technical Education Act of 24 2006 (20 U.S.C. 2302)). 25 VerDate Sep 11 2014 02:18 Jan 20, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H399.IH H399 pbinns on DSK79D2C42PROD with BILLS 9 •HR 399 IH (2) HIGH SCHOOL.—The term ‘‘high school’’ 1 means a nonprofit institutional day or residential 2 school that— 3 (A) provides secondary education, as deter- 4 mined under State law; 5 (B) grants a diploma, as defined by the 6 State; and 7 (C) includes, at least, grade 12. 8 (3) IN-DEMAND INDUSTRY SECTOR OR OCCUPA- 9 TION.—The term ‘‘in-demand industry sector or oc- 10 cupation’’ has the meaning given the term in section 11 3 of the Workforce Innovation and Opportunity Act 12 (29 U.S.C. 3102). 13 (4) LOCAL EDUCATIONAL AGENCY; STATE EDU- 14 CATIONAL AGENCY.—The terms ‘‘local educational 15 agency’’ and ‘‘State educational agency’’ have the 16 meanings given the terms in section 8101 of the Ele- 17 mentary and Secondary Education Act of 1965 (20 18 U.S.C. 7801). 19 (5) LOCAL AND STATE WORKFORCE DEVELOP- 20 MENT BOARDS.—The terms ‘‘local workforce devel- 21 opment board’’ and ‘‘State workforce development 22 board’’ have the meanings given the terms ‘‘local 23 board’’ and ‘‘State board’’, respectively, in section 3 24 VerDate Sep 11 2014 02:18 Jan 20, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H399.IH H399 pbinns on DSK79D2C42PROD with BILLS 10 •HR 399 IH of the Workforce Innovation and Opportunity Act 1 (29 U.S.C. 3102). 2 (6) POSTSECONDARY EDUCATIONAL INSTITU- 3 TION.—The term ‘‘postsecondary educational institu- 4 tion’’ means an institution of higher education, as 5 defined in section 102 of the Higher Education Act 6 of 1965 (20 U.S.C. 1002). 7 (7) PRE-APPRENTICESHIP PROGRAM.—The 8 term ‘‘pre-apprenticeship program’’ means a pro- 9 gram or set of strategies that— 10 (A) is designed to prepare individuals to 11 enter and succeed in a registered apprenticeship 12 program in the building and construction 13 trades; 14 (B) is carried out by an eligible entity that 15 has a documented partnership with at least 1 16 sponsor of a registered apprenticeship program; 17 and 18 (C) includes training (including a cur- 19 riculum for the training), aligned with industry 20 standards and reviewed and approved annually 21 by sponsors of the registered apprenticeships 22 within the documented partnership, that will 23 prepare individuals by teaching the skills and 24 VerDate Sep 11 2014 02:18 Jan 20, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H399.IH H399 pbinns on DSK79D2C42PROD with BILLS 11 •HR 399 IH competencies needed to enter one or more reg- 1 istered apprenticeship programs. 2 (8) REGISTERED APPRENTICESHIP PROGRAM.— 3 The term ‘‘registered apprenticeship program’’ 4 means a program registered under the Act of Au- 5 gust 16, 1937 (commonly known as the ‘‘National 6 Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 7 U.S.C. 50 et seq.). 8 (9) SECRETARY.—The term ‘‘Secretary’’ means 9 the Secretary of Labor. 10 (10) SPONSOR.—The term ‘‘sponsor’’ means an 11 employer, joint labor-management partnership, trade 12 association, professional association, labor organiza- 13 tion, or other entity that administers a registered 14 apprenticeship program. 15 (11) STATE.—The term ‘‘State’’ has the mean- 16 ing given the term in section 3 of the Workforce In- 17 novation and Opportunity Act (29 U.S.C. 3102). 18 (12) UNDERREPRESENTED POPULATION.—The 19 term ‘‘underrepresented population’’ means an indi- 20 vidual who— 21 (A) is a member of a racial minority, a 22 woman, a military veteran, or a person who is 23 long-term unemployed; or 24 VerDate Sep 11 2014 02:18 Jan 20, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H399.IH H399 pbinns on DSK79D2C42PROD with BILLS 12 •HR 399 IH (B) comes from a geographic area con- 1 sisting of a single census tract or a group of 2 census tracts, each of which meets the criteria 3 for a low-income community, as defined in sec- 4 tion 45D(e) of the Internal Revenue Code of 5 1986. 6 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 7 authorized to be appropriated to carry out this section 8 $5,000,000 for fiscal year 2020 and each subsequent fiscal 9 year. 10 Æ VerDate Sep 11 2014 02:18 Jan 20, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H399.IH H399 pbinns on DSK79D2C42PROD with BILLS