Strengthening Apprenticeships for Justice-Impacted Communities Act

I 116TH CONGRESS 2D SESSION H. R. 8391 To support pre-apprenticeships and apprenticeships within the National Apprenticeship Act, specifically with regard to the justice-impacted population. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 24, 2020 Mr. TRONE introduced the following bill; which was referred to the Committee on Education and Labor A BILL To support pre-apprenticeships and apprenticeships within the National Apprenticeship Act, specifically with regard to the justice-impacted population. 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 ‘‘Strengthening Appren- 4 ticeships for Justice-Impacted Communities Act’’. 5 SEC. 2. PURPOSE. 6 The purpose of this Act is to support pre-apprentice- 7 ships and apprenticeships within the National Apprentice- 8 ship Act, specifically with regard to the justice-impacted 9 population. 10 VerDate Sep 11 2014 18:44 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8391.IH H8391 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8391 IH SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) APPRENTICE.—The term ‘‘apprentice’’ 3 means a worker who— 4 (A) is not younger than age 16, or (where 5 a higher minimum age standard is specified by 6 law) not younger than that age; and 7 (B) is employed through an apprenticeship 8 program that meets the required standards for 9 an apprenticeship program. 10 (2) APPRENTICEABLE OCCUPATION.—The term 11 ‘‘apprenticeable occupation’’ means an occupation 12 which is specified by industry and which— 13 (A) involves skills that are customarily 14 learned in a practical way through a structured, 15 systematic program of on-the-job supervised 16 learning; 17 (B) is clearly identified and commonly rec- 18 ognized throughout an industry; 19 (C) involves the progressive attainment of 20 manual, mechanical, or technical skills and 21 knowledge which, in accordance with the indus- 22 try standard for the occupation, would require 23 the completion of not less than 2,000 hours of 24 on-the-job learning to attain, unless an alter- 25 native requirement is put forth by the employer 26 VerDate Sep 11 2014 18:44 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8391.IH H8391 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8391 IH and sponsor that reflects industry standards 1 and is accepted by the Secretary; and 2 (D) requires related instruction to supple- 3 ment the on-the-job learning. 4 (3) APPRENTICESHIP PROGRAM.—The term 5 ‘‘apprenticeship program’’ includes a program 6 that— 7 (A) is registered under the Act of August 8 16, 1937 (commonly known as the ‘‘National 9 Apprenticeship Act’’; 50 Stat. 664, chapter 10 663; 29 U.S.C. 50 et seq.); and 11 (B) culminates in a certificate of comple- 12 tion from the registration agency and a recog- 13 nized postsecondary credential. 14 (4) ELIGIBLE APPLICANT.—The term ‘‘eligible 15 applicant’’ means a consortium of entities that shall 16 include 1 or more representatives from each of the 17 following: 18 (A) A local educational agency, area career 19 and technical education school, educational 20 service agency, or postsecondary educational in- 21 stitution. 22 (B) In a State with a State registration 23 agency, that registration agency. 24 VerDate Sep 11 2014 18:44 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8391.IH H8391 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 8391 IH (C) An industry or business, consisting of 1 an employer, a group of employers, a trade as- 2 sociation, a professional association, or an enti- 3 ty that sponsors an apprenticeship program. 4 (D) A State workforce development board 5 or local workforce development board. 6 (E) An Indian Tribe, Tribal organization, 7 or Tribal educational agency. 8 (F) Labor organization that has responsi- 9 bility for the administration of an apprentice- 10 ship program associated with the industry or 11 sector or occupation related to the covered ap- 12 prenticeship, including those sponsored by a 13 joint labor-management organization. 14 (G) A qualified intermediary. 15 (H) Community-based organizations with 16 significant expertise in supporting such pro- 17 grams. 18 (I) In-demand industry sector employers. 19 (5) JUSTICE-IMPACTED INDIVIDUAL.—The term 20 ‘‘justice-impacted individual’’ means an individual 21 who has been arrested or convicted of a crime, in- 22 cluding an individual who is currently or formerly 23 incarcerated in a Federal or State prison, jail, or ju- 24 venile facility. 25 VerDate Sep 11 2014 18:44 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8391.IH H8391 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 8391 IH (6) NEW; EXISTING.—The term ‘‘new’’ or ‘‘ex- 1 isting’’, used with respect to a program, means a 2 program that was new or existing, respectively, as of 3 the day the eligible applicant involved submitted the 4 application for the grant involved. 5 (7) PRE-APPRENTICE.—The term ‘‘pre-appren- 6 tice’’ means a participant in a pre-apprenticeship 7 program. 8 (8) PRE-APPRENTICESHIP PROGRAM.— 9 (A) IN GENERAL.—The term ‘‘pre-appren- 10 ticeship program’’ means a training model or 11 program, or training according to a set of strat- 12 egies, that— 13 (i) is designed to assist individuals 14 who do not meet the minimum qualifica- 15 tions for selection into an apprenticeship 16 program, established in a sponsor’s ap- 17 prenticeship standards, to meet the quali- 18 fications; 19 (ii) is carried out by an entity that 20 maintains a documented partnership with 21 at least one sponsor of an apprenticeship 22 program; 23 (iii) is a form of structured workplace 24 education and training in which at least 2 25 VerDate Sep 11 2014 18:44 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8391.IH H8391 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 8391 IH of the entities described in subparagraph 1 (B) collaborate with an education provider 2 to provide formal instruction that will in- 3 troduce participants to the skills, com- 4 petencies, and materials used in one or 5 more apprenticeable occupations; 6 (iv) is designed to prepare individuals 7 to enter and succeed in an apprenticeship 8 program; 9 (v) is carried out in a manner that in- 10 cludes proper observation of supervision 11 and safety protocols, including paid, on- 12 the-job learning under the supervision of 13 skilled employee mentors; 14 (vi) is carried out in a manner that 15 does not displace a paid employee; and 16 (vii) includes— 17 (I) training and a curriculum 18 that— 19 (aa) are based on and 20 aligned with national, State, or 21 local industry standards, with the 22 quality of the training leading to 23 such a standard reviewed by a re- 24 cipient of Federal funds; 25 VerDate Sep 11 2014 18:44 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8391.IH H8391 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 8391 IH (bb) are reviewed and ap- 1 proved annually by the sponsors 2 of apprenticeships within the doc- 3 umented partnership; 4 (cc) will prepare individuals, 5 with the skills and competencies 6 needed to enter one or more ap- 7 prenticeship programs; 8 (dd) are aligned with career 9 pathways; 10 (ee) include employability 11 skills training, such as training 12 through career and industry 13 awareness workshops, training 14 through job readiness courses, 15 training for English Language 16 Learners, adult basic education, 17 or financial literacy, or math tu- 18 toring, as appropriate; 19 (ff) culminate in a recog- 20 nized postsecondary credential, 21 with the quality of the training 22 leading to that credential re- 23 viewed by a recipient of Federal 24 funds; and 25 VerDate Sep 11 2014 18:44 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8391.IH H8391 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 8391 IH (gg) accurately simulates the 1 industry and occupational condi- 2 tions of the apprenticeship pro- 3 gram; 4 (II) strong recruitment strategies 5 focused on outreach to populations 6 underrepresented at the State and 7 local levels in apprenticeship pro- 8 grams, including individuals with bar- 9 riers to employment such as justice- 10 connected individuals; 11 (III) exposure of participants in 12 such underrepresented populations, 13 including justice-connected individ- 14 uals, to apprenticeship programs and 15 provision of direct assistance to par- 16 ticipants in such populations in apply- 17 ing to those programs; 18 (IV) access to appropriate sup- 19 portive services, as defined in section 20 3 of the Workforce Innovation and 21 Opportunity Act (29 U.S.C. 3102), fi- 22 nancial planning, mentoring, and pro- 23 vision of first-day-of-work necessities; 24 VerDate Sep 11 2014 18:44 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8391.IH H8391 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 8391 IH (V) efforts to collaboratively pro- 1 mote the use of apprenticeship pro- 2 grams as a preferred means for em- 3 ployers to develop a skilled workforce 4 and to create career opportunities for 5 individuals; 6 (VI) facilitated entry or articula- 7 tion agreements that enable individ- 8 uals who successfully complete the 9 program described in this para- 10 graph— 11 (aa) to enter directly into an 12 apprenticeship program; or 13 (bb) to earn advanced place- 14 ment or credit at a postsecondary 15 educational institution for skills 16 and competencies acquired dur- 17 ing the program described in this 18 paragraph; and 19 (VII) a formal agreement with a 20 sponsor of the apprenticeship program 21 that would enable participants who 22 successfully complete the program de- 23 scribed in this paragraph to enter di- 24 rectly into the apprenticeship program 25 VerDate Sep 11 2014 18:44 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8391.IH H8391 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 8391 IH (if a place in the program is available 1 and other necessary requirements for 2 acceptance are satisfied), and an 3 agreement enabling participants to 4 earn advanced placement or credit at 5 a postsecondary educational institu- 6 tion for skills and competencies ac- 7 quired during the program described 8 in this paragraph, including basic aca- 9 demic and technical skills and com- 10 petencies aligned with the 11 apprenticeable occupation. 12 (B) ENTITIES.—The entities described in 13 this subparagraph are: 14 (i) An employer. 15 (ii) An industry or sector partnership. 16 (iii) An industry association. 17 (iv) A labor organization. 18 (v) A community-based organization. 19 (9) REGISTRATION AGENCY.—The term ‘‘reg- 20 istration agency’’ means the State Office of Appren- 21 ticeship or State apprenticeship agency in a State 22 that is responsible for— 23 (A) approving or denying applications from 24 sponsors for registration of programs under the 25 VerDate Sep 11 2014 18:44 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8391.IH H8391 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 8391 IH national apprenticeship system in the State or 1 area covered by the registration agency; and 2 (B) carrying out the responsibilities of sup- 3 porting the youth apprenticeship, pre-appren- 4 ticeship, or apprenticeship programs registered 5 by the registration agency. 6 (10) SECRETARY.—The term ‘‘Secretary’’ 7 means the Secretary of Labor, acting through the 8 Administrator. 9 (11) STATE APPRENTICESHIP AGENCY.—The 10 term ‘‘State apprenticeship agency’’ means the State 11 apprenticeship agency, acting in coordination with 12 the State agency with responsibility for workforce in- 13 vestment activities under chapters 2 and 3 of sub- 14 title B of title I of the Workforce Innovation and 15 Opportunity Act (29 U.S.C. 3121 et seq., 3131 et 16 seq.). 17 SEC. 4. GRANT PROGRAM. 18 (a) IN GENERAL.—The Secretary of Labor, in con- 19 sultation with the Attorney General, the Secretary of Edu- 20 cation, and the Secretary of Commerce may award grants 21 to eligible applicants to— 22 (1) implement novel methods to improve pre-ap- 23 prenticeship programs or apprenticeship programs 24 VerDate Sep 11 2014 18:44 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8391.IH H8391 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 8391 IH available to incarcerated individuals in prisons, jails, 1 and juvenile facilities; 2 (2) improve existing pre-apprenticeship pro- 3 grams and apprenticeship programs available to in- 4 carcerated individuals in prisons, jails, and juvenile 5 facilities; 6 (3) pilot novel approaches to provide appren- 7 ticeship training for justice-connected individuals 8 that matches labor force needs; 9 (4) encourage employer participation in pro- 10 grams under the national apprenticeship system that 11 target individuals incarcerated or recently incarcer- 12 ated, which may include— 13 (A) providing financial assistance to em- 14 ployers to support costs related to the program, 15 such as training incumbent workers as mentors 16 or employees supervising the on-the-job learn- 17 ing; or 18 (B) supporting the cost of related instruc- 19 tion or wages for program participants during 20 related instruction; 21 (5) provide technical assistance to pre-appren- 22 tices and apprentices to help navigate and obtain 23 supportive services, including childcare, transpor- 24 tation, mental health and substance use disorder 25 VerDate Sep 11 2014 18:44 Oct 21, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8391.IH H8391 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 8391 IH treatment, assistance in obtaining health insurance 1 coverage, and assistance in accessing the supple- 2 mental nutrition assistance program established 3 under the Food and Nutrition Act of 2008 (7 U.S.C. 4 2011 et seq.), the special supplemental nutrition 5 program for women, infants, and children estab- 6 lished by section 17 of the Child Nutrition Act of 7 1966 (42 U.S.C. 1786), and housing; and 8 (6) build and strengthen partnerships among 9 community-based organizations, public entities, and 10 registered apprenticeships to smooth transition be- 11 tween pre-apprenticeship programs and registered 12 apprenticeship programs, and to smooth transition 13 during and post-release. 14 (b) DURATION.—A grant awarded under this sec- 15 tion— 16 (1) shall be for a period of not more than 3 17 years; and 18 (2) may be extended for not more than 1 addi- 19 tional 2-year period, if the grant recipient dem- 20 onstrates to the Secretary that the recipient— 21 (A) has effectively implemented or im- 22 proved appren [Text truncated for display. 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