[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5961 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5961
To amend the Higher Education Act of 1965 to support apprenticeship
programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2020
Mr. Khanna (for himself and Mr. Fitzpatrick) introduced the following
bill; which was referred to the Committee on Education and Labor
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to support apprenticeship
programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Apprenticeship Act of
2020''.
SEC. 2. APPRENTICESHIP PROGRAMS.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by adding at the end the following:
``PART F--APPRENTICESHIP PROGRAMS
``SEC. 791. GRANTS TO SUPPORT APPRENTICESHIP PROGRAMS.
``(a) Definitions.--In this section:
``(1) Apprenticeship program.--The term `apprenticeship
program' means a program that is registered under the Act of
August 16, 1937 (commonly known as the `National Apprenticeship
Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) on
November 7, 2019, and is in compliance with the regulations
promulgated to carry out such Act under part 29 of title 29,
Code of Federal Regulations, as in effect on the date of
introduction of this Act in the Senate.
``(2) Postsecondary apprenticeship program.--The term
`postsecondary apprenticeship program' means an apprenticeship
program that meets the requirements of a recognized
postsecondary credential conferred by an institution of higher
education as established by the relevant State agency in the
State where the program is delivered.
``(3) Recognized postsecondary credential.--The term
`recognized postsecondary credential' means a credential
consisting of an industry-recognized certificate, that is
credit-bearing at the institution of higher education from
which it is conferred, or an associate or baccalaureate degree.
``(4) Student apprentice.--The term `student apprentice'
means an individual who is--
``(A) enrolled or accepted for enrollment at an
institution of higher education for the purpose of
obtaining a recognized postsecondary credential (which
provides credit toward a postsecondary degree) offered
by that institution and is a participant in a
postsecondary apprenticeship program; and
``(B) a worker at least 16 years of age, except
where a higher minimum age standard is otherwise fixed
by law, who is employed to learn an apprenticeable
occupation, as described in section 29.4 of title 29,
Code of Federal Regulations (as in effect on November
7, 2019), under standards of apprenticeship fulfilling
the requirements of section 29.5 of title 29, Code of
Federal Regulations (as in effect on November 7, 2019).
``(5) Workforce intermediary.--The term `workforce
intermediary'--
``(A) means an entity, which may be part of an
industry or sector partnership, that demonstrates
expertise in building, connecting, sustaining, and
measuring the performance of partnerships in order for
the entity to broker services, resources, and supports
for development, delivery, expansion, or improvement of
postsecondary apprenticeship programs, and of the
organizations and systems that are designed to serve
covered student apprentices and employer partners,
including--
``(i) connecting employers to
apprenticeship opportunities;
``(ii) assisting in the design and
implementation of postsecondary apprenticeship
programs, including curriculum development and
delivery for related instruction;
``(iii) supporting entities, and sponsors
or program administrators, in meeting the
registration and reporting requirements;
``(iv) providing professional development
activities such as training to mentors;
``(v) connecting students or workers to
apprenticeship opportunities; and
``(vi) developing and providing
personalized covered apprentice supports,
including supportive services and financial
advising; and
``(B) includes a State workforce development board
or local workforce development board, as established
under title I of the Workforce Innovation and
Opportunity Act, or State workforce agency.
``(b) Grant Program.--
``(1) In general.--The Secretary, in collaboration with the
Secretary of Labor, shall award grants to eligible partnerships
to enable the partnerships to develop and implement a
postsecondary apprenticeship program.
``(2) Duration.--Grants awarded under this section shall be
4 or 5 years in duration.
``(3) Eligible partnership.--
``(A) In general.--In this section, the term
`eligible partnership' means a partnership that--
``(i) shall include--
``(I) an institution of higher
education or a consortium of such
institutions;
``(II) an individual employer or
consortium of employers; and
``(III) a workforce intermediary,
unless waived by the Secretary because
the partnership demonstrates that a
high-quality program is in place or it
would be a hardship to include a
workforce intermediary; and
``(ii) may include--
``(I) a State agency responsible
for the administration of career and
technical education in the State or for
the supervision of the administration
of career and technical education in
the State;
``(II) a labor organization;
``(III) an economic development
agency or organization, such as a
chamber of commerce, business alliance,
or industry association;
``(IV) a community-based
organization;
``(V) a State educational agency;
or
``(VI) a local educational agency.
``(B) Fiscal agent.--The lead fiscal agent of an
eligible partnership shall be any of the following:
``(i) An institution of higher education.
``(ii) An industry association.
``(iii) A workforce intermediary that is an
entity that is described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such
Code.
``(4) Application.--
``(A) In general.--An eligible partnership that
desires to receive a grant under this section shall
submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may require.
``(B) Inclusions.--An application submitted under
subparagraph (A) shall include--
``(i) a plan to recruit and retain a high
number or high percentage of participants who
are from nontraditional apprenticeship
populations, including women, minorities,
individuals with disabilities, veterans, and
individuals with barriers to employment, such
as opportunity youth, low-income youth and
adults, young adults and adults of color, and
individuals who have been impacted by the
criminal justice system;
``(ii) letters of support and a labor
market analysis that demonstrate that the
occupation for which the program prepares
participants--
``(I) is feasible and in demand;
``(II) is a high-growth, high-wage
occupation; and
``(III) is a response to in-demand
industry sectors or occupations as
determined by the State or local
workforce boards;
``(iii) a plan for reaching desired
outcomes, as described in paragraph (7);
``(iv) a plan for ensuring that the
partnership has the capacity to access data to
measure desired outcomes and the outcomes
described in clause (v); and
``(v) a plan for--
``(I) increasing associate or
baccalaureate degree and credential
attainment;
``(II) how tuition and mandatory
fees expenses will be covered with the
goal of the program being tuition free
and debt free for students;
``(III) the employer of the
partnership to cover not less than 25
percent of the tuition and mandatory
fees;
``(IV) sustaining the program for
at least 20 months beyond the grant
period; and
``(V) including a provider of
support or specialized services, such
as financial counseling.
``(C) Description of instruction.--In addition to
the information described in subparagraph (B), an
application submitted under subparagraph (A) shall
include a description of the organized, related
instruction the apprentice will receive in technical
subjects related to the occupation for which the
program prepares participants, which--
``(i) shall include not less than 2,000
hours of on the job learning and a recommended
144 hours for each year (with an allowance for
a student to spread it out over 2 years) of
related technical instruction unless an
alternative requirement is put forth by the
employer and sponsor that reflects industry
standards and is accepted by the Secretary;
``(ii) may be accomplished through credit-
bearing classroom instruction, occupational or
industry courses, instruction provided through
electronic media, or other instruction approved
by the registration agency;
``(iii) shall be provided by one or more
qualified instructors who--
``(I)(aa) meet the career technical
education instructor requirements of
the applicable education agency of the
State of registration; or
``(bb) are subject matter experts,
defined for purposes of this
subparagraph as individuals (including
journeyworkers) recognized within an
industry as having expertise in a
specific occupation; and
``(II) have training in teaching
techniques and learning styles or will
obtain such training before an
instructor begins providing the related
technical instruction; and
``(iv) shall, to the maximum extent
practicable, be aligned to a career pathway, as
defined in section 3 of the Workforce
Innovation and Opportunity Act.
``(5) Selection.--The Secretary shall, in selecting
eligible partnerships to receive grants under this section--
``(A) consider the equitable geographic
distribution of grants among rural and urban areas;
``(B) leverage significant State, local,
institutional, or private resources, including in-kind
contributions, to support the activities assisted under
this section;
``(C) consider industries and occupations where
apprenticeships are not already prevalent; and
``(D) not select partnerships that seek to use a
grant under this section to establish apprenticeships
in construction trades.
``(6) Use of grant funds.--
``(A) In general.--An eligible partnership that
receives a grant under this section shall use the grant
funds to develop and implement a postsecondary
apprenticeship program in high-skill, high-wage, and
in-demand industry sectors or occupations.
``(B) Permissible use of funds.--An eligible
partnership that receives a grant under this section to
develop and implement a postsecondary apprenticeship
program may use the grant funds for any of the
following:
``(i) Program design and implementation
costs, including--
``(I) development of curricula and
standards;
``(II) development of a competency-
based approach to awarding credits; and
``(III) use of subject matter
experts in instructional delivery or
curriculum design.
``(ii) Development of on-the-job learning,
mentoring, and additional supervision
structures and professional development for
mentors and supervisors.
``(iii) Tuition for the related instruction
of the apprenticeship.
``(iv) Development of articulation
agreements with institutions of higher
education that result in awarding an
associate's or higher degree.
``(v) Assessment of prior learning for the
purpose of awarding credit.
``(vi) Certifying examinations.
``(vii) Recruitment of student apprentices.
``(viii) Need-based supportive services,
including tutoring, transportation, child care,
and housing subsidies.
``(ix) Not more than 20 percent of grant
funds for the purchase of updated equipment.
``(x) Not more than 10 percent of grant
funds for administrative functions, such as
program management and grant reporting.
``(xi) Aligning data reporting for academic
programs and apprenticeships.
``(C) Prohibited use of funds.--An eligible
partnership that receives a grant under this section
may not use any of the grant funds directly to pay
wages to a student apprentice.
``(7) Assessment.--An eligible partnership that receives a
grant under this section shall monitor and report on the
following participant-level outcomes:
``(A) With respect to interim outcomes--
``(i) the number of student apprentices in
the program;
``(ii) the percentage of participants who
are from nontraditional apprenticeship
populations, including women, historically
underrepresented groups, individuals with
disabilities, veterans, and individuals with
barriers to employment;
``(iii) outcomes for the participants
described in clause (ii);
``(iv) the accumulation of postsecondary
credit;
``(v) the attainment of a recognized
postsecondary credential; and
``(vi) wage increases realized during the
course of the apprenticeship.
``(B) Completions--
``(i) that are on time, disaggregated by
credit, credential, or degree received; and
``(ii) that are within 150 percent of the
expected time of completion, disaggregated by
credit, credential, or degree received.
``(C) With respect to end-of-program outcomes for
both participants who complete the program and
participants who do not complete the program each of
the following:
``(i) The accumulation of postsecondary
credit toward a degree reported not later than
one year after the end of the grant period.
``(ii) The share of enrolled students who
attain a postsecondary degree reported not
later than one year after the end of the grant
period.
``(iii) The share of enrolled students who
attain a recognized postsecondary credential
reported not later than one year after the end
of the grant period.
``(iv) Subsequent enrollment in advanced
education, disaggregated by level.
``(v) Whether the place of employment for
participants aligns with area of study
disaggregated by students who completed the
program and students who did not complete the
program reported not later than one year after
the end of the grant period. Such data may be
collected through a survey.
``(vi) Unsubsidized employment rate after
the second quarter after exit from the program.
``(vii) Unsubsidized employment rate after
the fourth quarter after exit from the program.
``(viii) Median earnings after the second
and fourth quarters after exit from the
program.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2020 and each of the 5 succeeding fiscal years.''.
SEC. 3. FEDERAL WORK STUDY FUNDING.
Section 442 of the Higher Education Act of 1965 (20 U.S.C. 1087-52)
is amended by adding at the end the following:
``(f) Funding for Student Apprentices.--
``(1) In general.--Notwithstanding any other provision of
this part and subject to paragraph (2)--
``(A) the apprenticeship program of a student
apprentice (as defined in section 791) shall qualify as
a work-study program that is eligible for assistance
under this part; and
``(B) funds appropriated to carry out this part may
be used by the Secretary to pay the tuition of such
student apprentices except that Federal work study
should not supplant the wages of student apprentices.
``(2) Employer contribution.--An employer of a student
apprentice under an apprenticeship program that qualifies as a
work-study program that is eligible for assistance under this
part shall pay not less than the non-Federal share equal to 25
percent of the compensation of such student apprentice.''.
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