LEARNS Act

I 116TH CONGRESS 1ST SESSION H. R. 4965 To promote effective registered apprenticeships, for skills, credentials, and employment, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 31, 2019 Mr. POCAN (for himself, Mr. ESPAILLAT, Mr. SIRES, Mr. CARSON of Indiana, Mr. LEVIN of Michigan, Ms. ESHOO, Ms. LEE of California, Mr. LUJA´N, Mr. THOMPSON of Mississippi, Mrs. WATSON COLEMAN, Mrs. LAW- RENCE, Mr. HIGGINS of New York, Mrs. AXNE, Mr. LAMB, Mr. KILDEE, Mr. SOTO, Mr. DAVID SCOTT of Georgia, Ms. HAALAND, Mrs. DINGELL, Mr. KILMER, Mr. EVANS, Ms. NORTON, Ms. SLOTKIN, Mr. PALLONE, Mr. CISNEROS, Mr. SABLAN, Mr. JOHNSON of Georgia, Mr. RASKIN, Ms. SCHAKOWSKY, Mr. CROW, Mr. LANGEVIN, Mr. MCGOVERN, Mr. COURT- NEY, Mr. MORELLE, Mr. SERRANO, Mr. VARGAS, Ms. ROYBAL-ALLARD, Mr. DESAULNIER, Mr. TAKANO, Mr. ROSE of New York, Mr. LOWENTHAL, Mr. MICHAEL F. DOYLE of Pennsylvania, Ms. VELA´ZQUEZ, Mr. VISCLOSKY, Ms. JAYAPAL, Mr. KRISHNAMOORTHI, Ms. TLAIB, Mr. GRIJALVA, Mr. KHANNA, Ms. DELAURO, Mr. CARBAJAL, Ms. DELBENE, Ms. BONAMICI, Mr. SUOZZI, Mr. RYAN, Mr. CA´RDENAS, and Ms. CLARKE of New York) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To promote effective registered apprenticeships, for skills, credentials, and employment, 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 16:31 Nov 10, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4965.IH H4965 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4965 IH SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Leveraging Effective Apprenticeships to Rebuild Na- 3 tional Skills Act’’ or the ‘‘LEARNS Act’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 this Act is as follows: 6 Sec. 1. Short title and table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. TITLE I—PROMOTING REGISTERED APPRENTICESHIPS Sec. 101. Promoting registered apprenticeship programs. Sec. 102. Promoting integration with postsecondary education. TITLE II—PROGRAM DEVELOPMENT AND ENHANCEMENT Sec. 201. Expanding registered apprenticeship programs. SEC. 2. FINDINGS AND PURPOSES. 7 (a) FINDINGS.—Congress finds the following: 8 (1) A highly skilled workforce is necessary to 9 compete in the global economy, support economic 10 growth, and maintain the standard of living of the 11 United States. 12 (2) The apprenticeship model is a longstanding, 13 on-the-job training and education model that pre- 14 pares workers for the skill demands of particular oc- 15 cupations and employers while, at the same time, 16 providing the workers with recognized, portable cre- 17 dentials, and wages while in training. 18 (3) The registered apprenticeship program 19 model has been successful in skilled trade industries, 20 VerDate Sep 11 2014 16:31 Nov 10, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4965.IH H4965 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4965 IH including construction and manufacturing, as well as 1 service industries, such as health care, and holds 2 great potential for expansion into other industries. 3 (4) Registered apprenticeships are becoming in- 4 creasingly innovative and diverse in their designs, 5 partnerships, timeframes, and use of emerging con- 6 cepts such as competency-based learning, and will 7 continue to evolve to meet emerging skill require- 8 ments, while maintaining high standards and qual- 9 ity. 10 (5) Registered apprenticeship programs are an 11 essential element of an effective workforce develop- 12 ment system and help individuals attain a recognized 13 postsecondary credential, contributing to their per- 14 sonal economic sustainability. 15 (6) According to a report from the Georgetown 16 University Center on Education and the Workforce, 17 by 2020 the United States will face a shortage of 18 5,000,000 workers with recognized postsecondary 19 credentials. 20 (7) According to a 2012 report from the Annie 21 E. Casey Foundation, youth employment in the 22 United States has reached the lowest point since 23 World War II. More than 6,000,000 young people 24 VerDate Sep 11 2014 16:31 Nov 10, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4965.IH H4965 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4965 IH ages 16 through 24 are disconnected from school 1 and work. 2 (8) A 2012 evaluation of registered apprentice- 3 ship programs in 10 States by Mathematica Policy 4 Research found that— 5 (A) individuals who completed registered 6 apprenticeship programs earned over $240,000 7 more over their careers than individuals not 8 participating in such apprenticeship programs; 9 (B) the estimated social benefits of reg- 10 istered apprenticeship programs, including addi- 11 tional productivity of apprentices and the reduc- 12 tion in governmental expenditures as a result of 13 reduced use of unemployment compensation and 14 public assistance, exceeded the costs of the pro- 15 grams by more than $49,000 per program; and 16 (C) the tax return on every Federal Gov- 17 ernment dollar invested in registered appren- 18 ticeship programs was $27. 19 (b) PURPOSES.—The purposes of this Act are— 20 (1) to increase the number of highly skilled 21 workers in the United States, particularly in in-de- 22 mand industry sectors and occupations; 23 (2) to increase the attainment of recognized 24 postsecondary credentials by participants; 25 VerDate Sep 11 2014 16:31 Nov 10, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4965.IH H4965 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4965 IH (3) to increase awareness about the value of the 1 registered apprenticeship program model as an effec- 2 tive earn-and-learn model for students, workers, and 3 employers; 4 (4) to support the development and expansion 5 of registered apprenticeship programs with employ- 6 ers, joint labor-management partnerships, trade and 7 professional associations, and other program spon- 8 sors, that offer jobs that lead to economic self-suffi- 9 ciency; 10 (5) to support the development and expansion 11 of effective pre-apprenticeship programs that lead to 12 success in a registered apprenticeship program; 13 (6) to support a closer alignment between reg- 14 istered apprenticeship programs, the workforce de- 15 velopment system, career and technical education, 16 and postsecondary education, including institutions 17 of higher education; and 18 (7) to support innovative models of effective 19 work-based learning. 20 SEC. 3. DEFINITIONS. 21 In this Act: 22 (1) ADMINISTRATOR.—The term ‘‘Adminis- 23 trator’’ means the Administrator of the Office of Ap- 24 prenticeship appointed under section 101(a). 25 VerDate Sep 11 2014 16:31 Nov 10, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4965.IH H4965 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4965 IH (2) CAREER PATHWAY.—The term ‘‘career 1 pathway’’ has the meaning given the term in section 2 3 of the Workforce Innovation and Opportunity Act 3 (29 U.S.C. 3102). 4 (3) EDUCATIONAL SERVICE AGENCY.—The 5 term ‘‘educational service agency’’— 6 (A) has the meaning given the term in sec- 7 tion 8101 of the Elementary and Secondary 8 Education Act of 1965 (20 U.S.C. 7801); and 9 (B) includes a collaborative of those agen- 10 cies. 11 (4) HIGH SCHOOL.—The term ‘‘high school’’ 12 means a nonprofit institutional day or residential 13 school that— 14 (A) provides secondary education, as deter- 15 mined under State law; 16 (B) grants a diploma, as defined by the 17 State; and 18 (C) includes, at least, grade 12. 19 (5) IN-DEMAND INDUSTRY SECTOR OR OCCUPA- 20 TION.—The term ‘‘in-demand industry sector or oc- 21 cupation’’ has the meaning given the term in section 22 3 of the Workforce Innovation and Opportunity Act 23 (29 U.S.C. 3102). 24 VerDate Sep 11 2014 16:31 Nov 10, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4965.IH H4965 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4965 IH (6) LOCAL AND STATE WORKFORCE DEVELOP- 1 MENT BOARDS.—The terms ‘‘local workforce devel- 2 opment board’’ and ‘‘State workforce development 3 board’’ have the meanings given the terms ‘‘local 4 board’’ and ‘‘State board’’, respectively, in section 3 5 of the Workforce Innovation and Opportunity Act 6 (29 U.S.C. 3102). 7 (7) NATIONAL APPRENTICESHIP SYSTEM.—The 8 term ‘‘national apprenticeship system’’ means the 9 collective group of registered apprenticeship pro- 10 grams and pre-apprenticeship programs in the Na- 11 tion (including the rules and regulations governing 12 the 2 types of programs). 13 (8) POSTSECONDARY EDUCATIONAL INSTITU- 14 TION.—The term ‘‘postsecondary educational institu- 15 tion’’ means an institution of higher education, as 16 defined in section 102 of the Higher Education Act 17 of 1965 (20 U.S.C. 1002). 18 (9) PRE-APPRENTICESHIP PROGRAM.—The 19 term ‘‘pre-apprenticeship program’’ means a pro- 20 gram or set of strategies that— 21 (A) is designed to prepare individuals to 22 enter and succeed in a registered apprenticeship 23 program; 24 VerDate Sep 11 2014 16:31 Nov 10, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4965.IH H4965 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 4965 IH (B) is carried out by an eligible entity 1 (meaning an entity described in section 2 101(b)(2)(C) that has an application approved 3 under section 101(b)(3)) that has a documented 4 partnership with at least 1 sponsor of a reg- 5 istered apprenticeship program; and 6 (C) includes each of the following elements: 7 (i) Training (including a curriculum 8 for the training), aligned with industry 9 standards and reviewed and approved an- 10 nually by sponsors of the registered ap- 11 prenticeships within the documented part- 12 nership, that will prepare individuals by 13 teaching the skills and competencies need- 14 ed to enter one or more registered appren- 15 ticeship programs. 16 (ii) Provision of hands-on training and 17 theoretical education to individuals that— 18 (I) accurately simulates the in- 19 dustry and occupational conditions of 20 the registered apprenticeship program 21 described in subparagraph (B); 22 (II) is carried out in a manner 23 that includes proper observation of su- 24 pervision and safety protocols; and 25 VerDate Sep 11 2014 16:31 Nov 10, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4965.IH H4965 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 4965 IH (III) is carried out in a manner 1 that does not displace a paid em- 2 ployee. 3 (iii) A formal agreement with a spon- 4 sor of a registered apprenticeship program 5 that would enable participants who suc- 6 cessfully complete the pre-apprenticeship 7 program to enter directly into the reg- 8 istered apprenticeship program (if a place 9 in the program is available), and includes 10 agreements concerning earning credit rec- 11 ognized by a postsecondary educational in- 12 stitution for skills and competencies ac- 13 quired during the pre-apprenticeship pro- 14 gram. 15 (10) RECOGNIZED POSTSECONDARY CREDEN- 16 TIAL.—The term ‘‘recognized postsecondary creden- 17 tial’’ has the meaning given the term in section 3 of 18 the Workforce Innovation and Opportunity Act (29 19 U.S.C. 3102). 20 (11) REGISTERED APPRENTICESHIP PRO- 21 GRAM.—The term ‘‘registered apprenticeship pro- 22 gram’’ means a program registered under the Act of 23 August 16, 1937 (commonly known as the ‘‘National 24 VerDate Sep 11 2014 16:31 Nov 10, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4965.IH H4965 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 4965 IH Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 1 U.S.C. 50 et seq.). 2 (12) SECRETARY.—Except as provided in sec- 3 tion 102 or as otherwise modified, the term ‘‘Sec- 4 retary’’ means the Secretary of Labor, acting 5 through the Administrator. 6 (13) SPONSOR.—The term ‘‘sponsor’’ means an 7 employer, joint labor-management partnership, trade 8 association, professional association, labor organiza- 9 tion, or other entity that administers a registered 10 apprenticeship program. 11 TITLE I—PROMOTING 12 REGISTERED APPRENTICESHIPS 13 SEC. 101. PROMOTING REGISTERED APPRENTICESHIP PRO- 14 GRAMS. 15 (a) ESTABLISHMENT OF THE OFFICE OF APPREN- 16 TICESHIP.— 17 (1) OFFICE.—There is established, in the Em- 18 ployment and Training Administration of the De- 19 partment of Labor, an Office of Apprenticeship. 20 (2) ADMINISTRATOR.—The Office shall be 21 headed by an Administrator of the Office of Appren- 22 ticeship appointed by the Assistant Secretary for 23 Employment and Training. The Assistant Secretary 24 shall appoint an individual who has the dem- 25 VerDate Sep 11 2014 16:31 Nov 10, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4965.IH H4965 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 4965 IH onstrated knowledge of registered apprenticeship 1 programs necessary to serve as the Administrator. 2 (3) RESPONSIBILITIES.—The Administrator, 3 through the Office of Apprenticeship, shall carry out 4 responsibilities including— 5 (A) determining whether an apprenticeship 6 program meets the requirements to become a 7 registered apprenticeship program and main- 8 tains the standards necessary to remain a reg- 9 istered apprenticeship program; 10 (B) managing the national apprenticeship 11 system; 12 (C) carrying out activities under subsection 13 (b) to promote effective pre-apprenticeship pro- 14 grams; 15 (D) promoting awareness about registered 16 apprenticeship programs, including carrying out 17 activities under subsection (c); 18 (E) engaging in regular updates of the reg- 19 istration process, ensuring that such process is 20 easily accessible and efficient for use by spon- 21 sors of registered apprenticeship programs; 22 (F) regularly engaging with the National 23 Advisory Committee on Apprenticeships and en- 24 sure that the required reports of the Committee 25 VerDate Sep 11 2014 16:31 Nov 10, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4965.IH H4965 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 4965 IH are submitted to the Secretary and transmitted 1 to Congress; 2 (G) promoting greater diversity in reg- 3 istered apprenticeship programs and pre-ap- 4 prenticeship programs, including by promoting 5 outreach to underrepresented populations, 6 youth, and veterans and supporting the develop- 7 ment of apprenticeship models; 8 (H) providing for evaluations and research, 9 as described in subsection (e); 10 (I) providing technical assistance to spon- 11 sors of registered apprenticeship programs, en- 12 tities who are interested in developing and be- 13 coming sponsors of registered apprenticeship 14 pro [Text truncated for display. 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