Expanding Opportunity through Pre-Apprenticeships Act

I 116TH CONGRESS 2D SESSION H. R. 8339 To expand opportunities for pre-apprenticeships programs. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 22, 2020 Ms. FUDGE (for herself and Mr. CA´RDENAS) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To expand opportunities for pre-apprenticeships programs. 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 ‘‘Expanding Oppor- 4 tunity through Pre-Apprenticeships Act’’. 5 SEC. 2. PRE-APPRENTICESHIP PROGRAM STANDARDS. 6 (a) IN GENERAL.—In this Act, a ‘‘pre-apprenticeship 7 program’’ means a program— 8 (1) designed to— 9 (A) assist individuals who do not meet 10 minimum qualifications for an apprenticeship 11 program; and 12 VerDate Sep 11 2014 00:13 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8339.IH H8339 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8339 IH (B) prepares such individuals to enter and 1 succeed in such an apprenticeship program, in- 2 cluding by providing the skills and competency 3 attainment needed to enter the apprenticeship 4 program; and 5 (2) that meets the requirements described in 6 subsections (b) and (c). 7 (b) REQUIREMENTS.—The program— 8 (1) is carried out in partnership with at least 9 one sponsor of an apprenticeship program; 10 (2) demonstrates the existence of an active ad- 11 visory partnership with an industry or sector part- 12 nership to inform the training and education services 13 necessary for a pre-apprenticeship program; 14 (3) demonstrates evidence of sufficient openings 15 in an apprenticeship program at the completion of a 16 pre-apprenticeship program to support a transition 17 from a pre-apprenticeship to an apprenticeship; 18 (4) has strategies in place with apprenticeship 19 programs that will increase employment opportuni- 20 ties for individuals with barriers to employment and 21 create a diverse talent pipeline, such that, upon com- 22 pletion of a pre-apprenticeship program, they will 23 meet the entry requirements for success in such pro- 24 grams; 25 VerDate Sep 11 2014 00:13 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8339.IH H8339 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8339 IH (5) has plans in place, either directly or 1 through partnerships, to provide supportive services 2 to pre-apprentices, to support the recruitment, re- 3 tention, and completion of the program; 4 (6) provides hands-on training to participants, 5 when possible, that does not supplant the work of a 6 full-time, paid employee but accurately simulates the 7 occupational conditions of a partnering apprentice- 8 ship program, with proper supervision and safety 9 protocols; and 10 (7) provides a certificate of completion by the 11 State apprenticeship agency, awarded to each indi- 12 vidual who completes the program requirements set 13 forth by the plan sponsor. 14 (c) WRITTEN PLAN REQUIREMENTS.—The program 15 includes a written plan developed by the sponsor that— 16 (1) provides for work-based learning in which 17 an industry or sector partnership and a related in- 18 struction provider collaborate to provide training 19 that will introduce participants to the skills, com- 20 petencies, and materials used in one or more 21 apprenticeable occupations; 22 (2) is based on and aligned with national, 23 State, regional, or local industry standards for high- 24 skill, high-wage, or in-demand industry sectors or 25 VerDate Sep 11 2014 00:13 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8339.IH H8339 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 8339 IH occupations and the requirements of the related ap- 1 prenticeship program; 2 (3) ensures all individuals have an equal oppor- 3 tunity to participate in the program, as required by 4 section 30 of title 29, Code of Federal Regulations 5 (as in effect on the date of enactment of this Act), 6 and that the program will provide adequate and safe 7 equipment, environments, and facilities for training 8 and supervision, free from discrimination (including 9 harassment and retaliation); 10 (4) ensures the program has remote instruction 11 contingency plans, if feasible, including providing 12 educational technology that aids in regular and sub- 13 stantive interactions between pre-apprentice and 14 classroom instructor; 15 (5) provides training and professional develop- 16 ment for instructors and staff to use technology and 17 services, including for remote instruction; 18 (6) to the extent appropriate and practicable in- 19 cludes enabling an individual to attain a secondary 20 school diploma or its recognized equivalent, and at 21 least 1 recognized postsecondary credential; and 22 (7) includes activities designed for career expo- 23 sure, career planning, and career awareness. 24 VerDate Sep 11 2014 00:13 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8339.IH H8339 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 8339 IH SEC. 3. EVALUATION. 1 (a) PERFORMANCE DATA COLLECTION.—Not later 2 than 1 year after the date of enactment of this Act, and 3 annually thereafter, the Secretary of Labor shall collect 4 data on— 5 (1) the performance of each pre-apprenticeship 6 program using the disaggregated indicators of per- 7 formance in section 116(b)(2)(A)(i) of the Work- 8 force Innovation and Opportunity Act (29 U.S.C. 9 3141(b)(2)(A)(i)), including participants who are 10 people of color, women, veterans, those who have 11 been impacted by the youth or adult criminal justice 12 system, and individuals with barriers to employment 13 between the ages of 16 and 24; 14 (2) how each such program spends resources; 15 and 16 (3) the diversity and equal opportunity in ap- 17 prenticeships programs. 18 (b) RESEARCH AND PLAN FOR EXPANSION OF PAR- 19 TICIPATION OF CERTAIN POPULATIONS.—Not later than 20 1 year after the date of enactment of this Act, the Sec- 21 retary of Labor, acting through the Administrator of the 22 Office of Apprenticeship, shall use the collected data to 23 conduct research in State labor markets, in partnership 24 with State apprenticeship agencies, to create a plan, on 25 the basis of such research, to expand participation in reg- 26 VerDate Sep 11 2014 00:13 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8339.IH H8339 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 8339 IH istered pre-apprenticeship programs by nontraditional 1 populations or individuals with barriers to employment 2 such as youth, women, people of color, long-term unem- 3 ployed, individuals with disabilities, individuals with sub- 4 stance abuse issues, individuals impacted by the criminal 5 justice system, and veterans. 6 SEC. 4. GRANTS. 7 (a) IN GENERAL.—From the amounts appropriated 8 to carry out this section, the Secretary of Labor shall 9 award grants, on a competitive basis, to eligible entities. 10 (b) PRIORITY.—In awarding grants under this sec- 11 tion, the Secretary shall give priority to eligible entities 12 that serve a high number or high percentage of individuals 13 who are from nontraditional apprenticeship populations 14 (with priority given to women, people of color, veterans, 15 those who have been impacted by the juvenile or adult 16 criminal justice system, and individuals with barriers to 17 employment between the ages of 16 and 24). 18 (c) APPLICATION.—To receive a grant under this sec- 19 tion, an eligible entity shall submit an application to the 20 Secretary at such time, in such manner, and containing 21 such information as the Secretary determines may be nec- 22 essary. 23 (d) LIMITATION ON USE OF FUNDS.—No less than 24 5 percent of the funds awarded under this section shall 25 VerDate Sep 11 2014 02:52 Oct 08, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8339.IH H8339 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 8339 IH be used to provide direct financial assistance to pre-ap- 1 prentices to support financial needs to enter, remain en- 2 rolled in, and complete the apprenticeship program includ- 3 ing, related costs of training, supplies, food and nutrition, 4 housing, transportation, child care, mental health and sub- 5 stance abuse services, or other targeted costs deemed al- 6 lowable by the Secretary. 7 (e) ELIGIBLE ENTITIES DEFINED.—In this section, 8 an ‘‘eligible entity’’ includes— 9 (1) a community-based organization; 10 (2) a pre-apprenticeship sponsor; 11 (3) an employer for an in-demand industry sec- 12 tor or occupation; 13 (4) a joint labor-management training program; 14 or 15 (5) a partnership among community-based or- 16 ganizations, public education entities, and appren- 17 ticeships. 18 (f) USES OF FUNDS.—A grant awarded under this 19 section to an eligible entity may be used to carry out one 20 or more of the following: 21 (1) To provide technical assistance to pre-ap- 22 prentices to help navigate supportive services and 23 other Federal assistance programs (such as the sup- 24 plemental nutrition assistance program under the 25 VerDate Sep 11 2014 00:13 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8339.IH H8339 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 8339 IH Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 1 seq.) to enter and remain enrolled in apprenticeship 2 programs. 3 (2) To conduct and improve outreach to non- 4 traditional apprenticeship population. 5 (3) To participate in pre-apprenticeship pro- 6 grams. 7 (4) To facilitate a successful transition between 8 pre-apprenticeship programs and apprenticeship pro- 9 grams. 10 SEC. 5. ADDITIONAL DEFINITIONS. 11 In this Act: 12 (1) APPRENTICESHIP PROGRAM.—The term 13 ‘‘apprenticeship program’’ means an apprenticeship 14 program registered under the Act of August 16, 15 1937 (commonly known as the ‘‘National Appren- 16 ticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 17 50 et seq.), including any requirement, standard, or 18 rule promulgated under such Act, as such require- 19 ment, standard, or rule was in effect on December 20 30, 2019. 21 (2) NONTRADITIONAL APPRENTICESHIP POPU- 22 LATION.—The term ‘‘nontraditional apprenticeship 23 population’’ means a group of individuals (such as 24 a group of individuals from the same gender or race) 25 VerDate Sep 11 2014 02:52 Oct 08, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8339.IH H8339 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 8339 IH the members of which comprise fewer than 25 per- 1 cent of the individuals participating in a program 2 under the national apprenticeship system. 3 (3) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of Labor. 5 (4) WIOA TERMS.—The terms ‘‘community- 6 based organization’’, ‘‘in-demand industry sectors or 7 occupations’’, ‘‘individual with a barrier to employ- 8 ment’’, ‘‘recognized postsecondary credential’’, and 9 ‘‘supportive services’’ have the meanings given the 10 terms in section 3 of the Workforce Innovation and 11 Opportunity Act (29 U.S.C. 3102). 12 Æ VerDate Sep 11 2014 00:13 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H8339.IH H8339 kjohnson on DSK79L0C42PROD with BILLS