American Apprenticeship Act

I 116TH CONGRESS 1ST SESSION H. R. 1782 To establish and strengthen projects that defray the cost of related instruction associated with pre-apprenticeship and qualified apprenticeship programs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 14, 2019 Ms. DELAURO introduced the following bill; which was referred to the Committee on Education and Labor A BILL To establish and strengthen projects that defray the cost of related instruction associated with pre-apprenticeship and qualified apprenticeship programs, 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘American Apprentice- 4 ship Act’’. 5 SEC. 2. PRE-APPRENTICESHIP AND QUALIFIED APPREN- 6 TICESHIP PROGRAMS. 7 (a) DEFINITIONS.—In this Act: 8 VerDate Sep 11 2014 04:54 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1782.IH H1782 kjohnson on DSK79L0C42 with BILLS 2 •HR 1782 IH (1) QUALIFIED APPRENTICESHIP.—The term 1 ‘‘qualified apprenticeship’’, used with respect to a 2 program, means an apprenticeship program that 3 is— 4 (A) registered under the Act of August 16, 5 1937 (commonly known as the ‘‘National Ap- 6 prenticeship Act’’; 50 Stat. 664, chapter 663; 7 29 U.S.C. 50 et seq.); and 8 (B) concentrated in an emerging, in-de- 9 mand industry. 10 (2) POSTSECONDARY EDUCATIONAL INSTITU- 11 TION.—The term ‘‘postsecondary educational institu- 12 tion’’ means an institution of higher education, as 13 defined in section 102 of the Higher Education Act 14 of 1965 (20 U.S.C. 1002). 15 (3) PRE-APPRENTICESHIP.—The term ‘‘pre-ap- 16 prenticeship’’, used with respect to a program, 17 means an initiative or set of strategies that— 18 (A) is designed to prepare individuals to 19 enter and succeed in a qualified apprenticeship 20 program; 21 (B) is carried out by a sponsor described 22 in paragraph (6)(B) that has a documented 23 partnership with one or more sponsors of quali- 24 fied apprenticeship programs; and 25 VerDate Sep 11 2014 04:54 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1782.IH H1782 kjohnson on DSK79L0C42 with BILLS 3 •HR 1782 IH (C) includes each of the following: 1 (i) Training (including a curriculum 2 for the training), aligned with industry 3 standards related to apprenticeships in a 4 qualified apprenticeship program, and re- 5 viewed and approved annually by sponsors 6 of such apprenticeships within the docu- 7 mented partnership, that will prepare indi- 8 viduals by teaching the skills and com- 9 petencies needed to enter one or more 10 qualified apprenticeship programs. 11 (ii) Provision of hands-on training and 12 theoretical education to individuals that— 13 (I) is carried out in a manner 14 that includes proper observation of su- 15 pervision and safety protocols; and 16 (II) is carried out in a manner 17 that does not displace a paid em- 18 ployee. 19 (iii) A formal agreement with a spon- 20 sor of a qualified apprenticeship program 21 that would enable participants who suc- 22 cessfully complete the pre-apprenticeship 23 program to enter directly into the qualified 24 apprenticeship program (if a place in the 25 VerDate Sep 11 2014 04:54 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1782.IH H1782 kjohnson on DSK79L0C42 with BILLS 4 •HR 1782 IH program is available and if the participant 1 meets the qualifications of the qualified ap- 2 prenticeship program), and includes agree- 3 ments concerning earning credit recognized 4 by a postsecondary educational institution 5 for skills and competencies acquired during 6 the pre-apprenticeship program. 7 (4) RELATED INSTRUCTION.—The term ‘‘re- 8 lated instruction’’ means an organized and system- 9 atic form of instruction designed to provide an ap- 10 prentice with the knowledge of the theoretical and 11 technical subjects related to the occupation of the 12 apprentice or the instruction needed to prepare an 13 individual to enter and succeed in an qualified ap- 14 prenticeship program. 15 (5) SECRETARY.—The term ‘‘Secretary’’ means 16 the Secretary of Labor. 17 (6) SPONSOR.—The term ‘‘sponsor’’ means— 18 (A) with respect to a qualified apprentice- 19 ship program, an employer, joint labor-manage- 20 ment partnership, trade association, profes- 21 sional association, labor organization, or other 22 entity, that administers the qualified appren- 23 ticeship program; and 24 VerDate Sep 11 2014 04:54 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1782.IH H1782 kjohnson on DSK79L0C42 with BILLS 5 •HR 1782 IH (B) with respect to a pre-apprenticeship 1 program, a local educational agency, a sec- 2 ondary school, an area career and technical 3 education school, a State board, a local board, 4 or a community-based organization, with re- 5 sponsibility for the pre-apprenticeship program. 6 (7) WORKFORCE INNOVATION AND OPPOR- 7 TUNITY ACT DEFINITIONS.—The terms ‘‘area career 8 and technical education school’’, ‘‘community-based 9 organization’’, ‘‘individual with a barrier to employ- 10 ment’’, ‘‘local board’’, ‘‘local educational agency’’, 11 ‘‘secondary school’’, and ‘‘State board’’ have the 12 meanings given the terms in section 3 of the Work- 13 force Innovation and Opportunity Act (29 U.S.C. 14 3102). 15 (b) GRANTS FOR TUITION ASSISTANCE.— 16 (1) IN GENERAL.—The Secretary may make 17 grants to States on a competitive basis to assist the 18 States in, and pay for the Federal share of the cost 19 of, carrying out projects that defray the cost of re- 20 lated instruction associated with pre-apprenticeship 21 and qualified apprenticeship programs. 22 (2) APPLICATION.—To be eligible to receive a 23 grant under this subsection, a State shall submit an 24 application to the Secretary for such a project at 25 VerDate Sep 11 2014 04:54 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1782.IH H1782 kjohnson on DSK79L0C42 with BILLS 6 •HR 1782 IH such time, in such manner, and containing a stra- 1 tegic plan that contains such information as the Sec- 2 retary may require, including— 3 (A) information identifying the State agen- 4 cy (referred to in this Act as the ‘‘State enti- 5 ty’’) that will administer the grant as deter- 6 mined by the Governor of the State; 7 (B) a description of strategies that the 8 State entity will use to collaborate with key in- 9 dustry representatives, State agencies, postsec- 10 ondary educational institutions, labor-manage- 11 ment entities, and other relevant partners to 12 launch or expand pre-apprenticeships, and ap- 13 prenticeships in qualified apprenticeship pro- 14 grams; 15 (C) a description of how the State entity 16 will— 17 (i) coordinate activities carried out 18 under this subsection with activities car- 19 ried out under the Carl D. Perkins Career 20 and Technical Education Act of 2006 (20 21 U.S.C. 2301 et seq.) and the Workforce 22 Innovation and Opportunity Act (29 23 U.S.C. 3101 et seq.) to support pre-ap- 24 VerDate Sep 11 2014 04:54 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1782.IH H1782 kjohnson on DSK79L0C42 with BILLS 7 •HR 1782 IH prenticeships, and apprenticeships in quali- 1 fied apprenticeship programs; 2 (ii) leverage funds provided under the 3 Acts specified in clause (i) to support pre- 4 apprenticeships, and apprenticeships in 5 qualified apprenticeship programs; and 6 (iii) utilize, and encourage individual 7 participants in programs supported under 8 this subsection to utilize, available Federal 9 and State financial assistance, including 10 assistance available under the Workforce 11 Innovation and Opportunity Act (29 12 U.S.C. 3101 et seq.), education assistance 13 benefits available to veterans, and Federal 14 Pell Grants available under section 401 of 15 the Higher Education Act of 1965 (20 16 U.S.C. 1070a), prior to using assistance 17 made available under this Act; 18 (D) a description of strategies to elevate 19 apprenticeships in qualified apprenticeship pro- 20 grams as a workforce solution in both tradi- 21 tional and nontraditional industries, such as in- 22 formation technology, health care, advanced 23 manufacturing, construction trades, transpor- 24 VerDate Sep 11 2014 04:54 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1782.IH H1782 kjohnson on DSK79L0C42 with BILLS 8 •HR 1782 IH tation, and other industries determined to be 1 high-demand by the State board for the State; 2 (E) a description of activities that the 3 State entity will carry out to build awareness 4 about the economic potential of apprenticeships 5 in qualified apprenticeship programs; 6 (F) a description that outlines how the 7 State entity will increase opportunities for pre- 8 apprenticeships, and apprenticeships in quali- 9 fied apprenticeship programs, among members 10 of minority groups, youth, individuals with dis- 11 abilities, veterans, and individuals with barriers 12 to employment; 13 (G) a description of— 14 (i) how the State entity will ensure 15 that the qualified apprenticeship program 16 meets certain performance measures and 17 quality standards, including that the quali- 18 fied apprenticeship program has been in 19 existence for not fewer than 6 months 20 prior to the application date; 21 (ii) the targeted outreach strategies 22 that the State entity will use for popu- 23 lations previously underserved through ap- 24 prenticeships; and 25 VerDate Sep 11 2014 04:54 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1782.IH H1782 kjohnson on DSK79L0C42 with BILLS 9 •HR 1782 IH (iii) any State performance measures 1 and goals that the State will use, at the 2 election of the State, to measure the effec- 3 tiveness of the project; and 4 (H) in the case of a State that has already 5 received a grant under this subsection for a 6 project, information indicating that the State 7 met the performance measures with respect to 8 the project. 9 (3) APPLICATION REVIEW PROCESS.—A joint 10 team of employees from the Department of Labor 11 and the Department of Education shall— 12 (A) review such an application; and 13 (B) make recommendations to the Sec- 14 retary regarding approval of the application. 15 (4) USE OF FUNDS.—A State that receives a 16 grant under this subsection shall use the funds made 17 available through the grant to defray any of the fol- 18 lowing costs of related instruction: 19 (A) Tuition and fees. 20 (B) Cost of textbooks, equipment, cur- 21 riculum development, and other required edu- 22 cational materials. 23 (C) Costs of any other item or service de- 24 termined by the State to be necessary. 25 VerDate Sep 11 2014 04:54 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1782.IH H1782 kjohnson on DSK79L0C42 with BILLS 10 •HR 1782 IH (5) ADMINISTRATIVE COSTS.—The State may 1 use not more than 10 percent of the grant funds for 2 administrative costs relating to carrying out the 3 project described in paragraph (1). 4 (6) PERFORMANCE AND EVALUATION.—The 5 Secretary, after consultation with the Secretary of 6 Education, shall— 7 (A) establish performance measures based 8 on indicators set by the Administrator of the 9 Office of Apprenticeship of the Department of 10 Labor; and 11 (B) establish an evaluation system aligned 12 with the performance measures, and reporting 13 requirements for the program carried out under 14 this subsection. 15 (c) FEDERAL SHARE.— 16 (1) IN GENERAL.—The Federal share of the 17 cost described in subsection (b)(1) shall be not less 18 than 20 percent and not more than 50 percent. 19 (2) NON-FEDERAL SHARE.—The State may 20 make the non-Federal share available— 21 (A) in cash or in-kind, fairly evaluated, in- 22 cluding plant, equipment, or services; and 23 (B) directly or through donations from 24 public or private entities. 25 VerDate Sep 11 2014 04:54 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1782.IH H1782 kjohnson on DSK79L0C42 with BILLS 11 •HR 1782 IH (d) REPORT.—The Secretary shall prepare and sub- 1 mit to Congress, not later than September 30, 2024, a 2 report— 3 (1) detailing the results of the evaluation de- 4 scribed in subsection (b)(6)(B); and 5 (2) analyzing the extent to which States have 6 used grant funds effectively under this section. 7 (e) POLICY OF THE UNITED STATES.—It is the pol- 8 icy of the United States that funds made available under 9 this section should be used to supplement and not sup- 10 plant other funds available under the Workforce Innova- 11 tion and Opportunity Act (29 U.S.C. 3101 et seq.) and 12 other Federal and State funds available to the State to 13 support workforce development programs. 14 SEC. 3. IDENTIFYING IN-DEMAND OCCUPATIONS. 15 The Secretary shall— 16 (1) identify in-demand occupations nationally 17 and regionally that lack the use of apprenticeships; 18 (2) analyze the use of the qualified apprentice- 19 ship program model in those identified in-demand 20 occupations; and 21 (3) prepare and submit to States and Congress 22 a report that contains the analysis described in para- 23 graph (2). 24 VerDate Sep 11 2014 04:54 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1782.IH H1782 kjohnson on DSK79L0C42 with BILLS 12 •HR 1782 IH SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 1 There is authorized to be appropriated to carry out 2 this Act $15,000,000 for each of fiscal years 2020 through 3 2025. 4 Æ VerDate Sep 11 2014 04:54 Mar 29, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H1782.IH H1782 kjohnson on DSK79L0C42 with BILLS