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Union Calendar No. 465
116th Congress } { Rept. 116-567
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
NATIONAL APPRENTICESHIP ACT OF 2020
_______
November 9, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Scott of Virginia, from the Committee on Education and Labor,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 8294]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and Labor, to whom was referred
the bill (H.R. 8294) to amend the National Apprenticeship Act
and expand the national apprenticeship system to include
apprenticeships, youth apprenticeships, and pre-apprenticeship
registered under such Act, to promote the furtherance of labor
standards necessary to safeguard the welfare of apprentices,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 40
Committee Action................................................. 41
Committee Views.................................................. 46
Appendix A....................................................... 70
Appendix B....................................................... 71
Section-by-Section Analysis...................................... 77
Explanation of Amendments........................................ 85
Application of Law to the Legislative Branch..................... 85
Unfunded Mandate Statement....................................... 85
Earmark Statement................................................ 85
Roll Call Votes.................................................. 86
Statement of Performance Goals and Objectives.................... 90
Duplication of Federal Programs.................................. 90
Hearings......................................................... 90
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 91
New Budget Authority and CBO Cost Estimate....................... 91
Committee Cost Estimate.......................................... 94
Changes in Existing Law Made by the Bill, as Reported............ 94
Committee Correspondence......................................... 165
Minority Views................................................... 168
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Apprenticeship Act of 2020''.
SEC. 2. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect
beginning on July 1, 2021.
SEC. 3. AMENDMENT.
The Act of August 16, 1937 (commonly referred to as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.),
is amended to read as follows:
``SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `National
Apprenticeship Act'.
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Definitions.
``Sec. 3. Programs under the national apprenticeship system.
``Sec. 4. Transition provisions.
``Sec. 5. Disaggregation of data.
``Sec. 6. Relation to other laws.
``TITLE I--PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM
``Subtitle A--The Office of Apprenticeship, State Registration Agency
Approval Process, and Interagency Agreement
``Sec. 111. The Office of Apprenticeship.
``Sec. 112. National Advisory Committee on Apprenticeships.
``Sec. 113. State apprenticeship agencies and State Offices of
Apprenticeship.
``Sec. 114. Interagency agreement with Department of Education.
``Subtitle B--Process and Standards for the National Apprenticeship
System
``Sec. 121. Apprenticeable occupations standards.
``Sec. 122. Quality standards of programs under the national
apprenticeship system.
``Sec. 123. Apprenticeship agreements.
``Sec. 124. Registration of programs under the national apprenticeship
system.
``Subtitle C--Evaluations and Research
``Sec. 131. Program evaluations.
``Sec. 132. National apprenticeship system research.
``Subtitle D--General Provisions
``Sec. 141. Authorization of appropriations.
``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE
21ST CENTURY GRANTS
``Sec. 201. Grant requirements.
``Sec. 202. Uses of Funds.
``Sec. 203. Grant evaluations.
``Sec. 204. Grant appropriations.
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Office of Apprenticeship established under
section 111(a).
``(2) Advisory committee.--The term `Advisory Committee'
means the National Advisory Committee on Apprenticeships
established under section 112.
``(3) Apprentice.--The term `apprentice' means a program
participant in an apprenticeship program.
``(4) Apprenticeship agreement.--The term `apprenticeship
agreement' means a written agreement under section 123
between--
``(A) an apprentice, a youth apprentice, or a pre-
apprentice; and
``(B) a sponsor.
``(5) Apprenticeship hub.--The term `apprenticeship hub'
means a regional or sectoral qualified intermediary recognized
by a State apprenticeship agency or a State Office of
Apprenticeship as organizing and providing activities and
services related to the development of programs under the
national apprenticeship system.
``(6) Apprenticeable occupation.--The term `apprenticeable
occupation' means an occupation that the Administrator has
determined meets the requirements of section 121.
``(7) Apprenticeship program.--The term `apprenticeship
program' means a program that meets the standards described in
section 122(b) and is registered under this Act.
``(8) Competency.--The term `competency' means the attainment
of knowledge, skills, and abilities in a subject area, as
specified by an occupational skill standard and demonstrated by
an appropriate written or hands-on proficiency measurement.
``(9) Department.--The term `Department' means the Department
of Labor.
``(10) Education and training provider.--The term `education
and training provider' means--
``(A) an area career and technical education school;
``(B) an early college high school;
``(C) an educational service agency;
``(D) a high school;
``(E) a local educational agency or State educational
agency;
``(F) a Tribal educational agency, Tribally
controlled college or university, or Tribally
controlled postsecondary career and technical
institution;
``(G) a postsecondary educational institution;
``(H) a minority-serving institution (as described in
any of paragraphs (1) through (7) of section 371(a) of
the Higher Education Act of 1965 (20 U.S.C. 1067q(a)));
``(I) a provider of adult education and literacy
activities under the Adult Education and Family
Literacy Act (29 U.S.C. 3271 et seq.);
``(J) a local agency administering plans under title
I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.), other than section 112 or part C of that title
(29 U.S.C. 732, 741);
``(K) a related instruction provider, including a
qualified intermediary acting as a related instruction
provider as approved by a registration agency; or
``(L) a consortium of entities described in any of
subparagraphs (A) through (K).
``(11) Eligible entity.--
``(A) In general.--The term `eligible entity' means--
``(i) a program sponsor;
``(ii) a State workforce development board or
State workforce agency, or a local workforce
development board or local workforce
development agency;
``(iii) an education and training provider,
or a consortium thereof;
``(iv) if the applicant is in a State with a
State apprenticeship agency, such State
apprenticeship agency;
``(v) an Indian Tribe or Tribal organization;
``(vi) an industry or sector partnership, a
group of employers, a trade association, or a
professional association that sponsors or
participates in a program under the national
apprenticeship system;
``(vii) a Governor;
``(viii) a labor organization or joint-labor
management organization; or
``(ix) a qualified intermediary.
``(B) Sponsor requirement.--Not fewer than one entity
under subparagraph (A) shall be the sponsor of a
program under the national apprenticeship system.
``(12) Indian tribe; tribal organization.--The terms `Indian
Tribe' and `Tribal organization' have the meaning given the
terms (without regard to capitalization) in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(13) Interim credential.--The term `interim credential'
means a credential issued by a registration agency, upon
request of the appropriate sponsor, as certification of
competency attainment by a program participant during
participation in a program under the national apprenticeship
system.
``(14) Journeyworker.--The term `journeyworker' means a
worker who has attained a level of skill, abilities, and
competencies recognized within an industry as having mastered
the skills and competencies required for the occupation.
``(15) National apprenticeship system.--The term `national
apprenticeship system' means the apprenticeship programs, youth
apprenticeship programs, and pre-apprenticeship programs that
meet the requirements of this Act.
``(16) Nontraditional apprenticeship population.--The term
`nontraditional apprenticeship population' means a group of
individuals (such as a group of individuals from the same
gender or race), the members of which comprise fewer than 25
percent of the program participants in an apprenticeable
occupation under the national apprenticeship system.
``(17) Nontraditional apprenticeship industry or
occupation.--The term `nontraditional apprenticeship industry
or occupation' refers to an industry sector or occupation that
represents fewer than 10 percent of apprenticeable occupations
or the programs under the national apprenticeship system.
``(18) Pre-apprentice.--The term `pre-apprentice' means a
program participant in a pre-apprenticeship program.
``(19) Pre-apprenticeship program.--The term `pre-
apprenticeship program' means a training model or program
that--
``(A) prepares individuals for acceptance into an
apprenticeship program;
``(B) meets the standards described in section
122(c); and
``(C) is registered under this Act.
``(20) Program participant.--The term `program participant'
means an apprentice, a pre-apprentice, or a youth apprentice.
``(21) Qualified intermediary.--
``(A) In general.--The term `qualified intermediary'
means an entity that demonstrates expertise in
building, connecting, sustaining, and measuring the
performance of partnerships described in subparagraph
(B) and serves program participants and employers by--
``(i) connecting employers to programs under
the national apprenticeship system;
``(ii) assisting in the design and
implementation of such programs, including
curriculum development and delivery for related
instruction;
``(iii) supporting entities, sponsors, or
program administrators in meeting the
registration and reporting requirements of this
Act;
``(iv) providing professional development
activities such as training to mentors;
``(v) connecting students or workers to
programs under the national apprenticeship
system;
``(vi) developing and providing personalized
program participant supports, including by
partnering with organizations to provide access
to or referrals for supportive services and
financial advising;
``(vii) providing services, resources, and
supports for development, delivery, expansion,
or improvement of programs under the national
apprenticeship system; or
``(viii) serving as a program sponsor.
``(B) Partnerships.--The `partnerships described in
subparagraph (A)' means partnerships among entities
involved in programs under the national apprenticeship
system, including--
``(i) industry or sector partnerships;
``(ii) partnerships among employers, joint
labor-management organizations, labor
organizations, community-based organizations,
industry associations, State or local workforce
development boards, education and training
providers, social service organizations,
economic development organizations, Indian
Tribes or Tribal organizations, one-stop
operators, or one-stop partners, in the State
workforce development system; or
``(iii) partnerships among one or more of the
entities described in clauses (i) and (ii).
``(22) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning given the
term in section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102), except that such term does not include a
certificate of completion of an apprenticeship.
``(23) Registration agency.--The term `registration agency'
means the State Office of Apprenticeship or State
apprenticeship agency in a State that is responsible for--
``(A) approving or denying applications from sponsors
for registration of programs under the national
apprenticeship system in the State or area covered by
the registration agency; and
``(B) carrying out the responsibilities of supporting
the youth apprenticeship, pre-apprenticeship, or
apprenticeship programs registered by the registration
agency.
``(24) Related instruction.--The term `related instruction'
means an organized and systematic form of instruction that
meets the requirements of section 122(b)(1)(C).
``(25) Related federal programs.--The term `related Federal
programs' means programs or activities under the following:
``(A) The Workforce Innovation and Opportunity Act
(29 U.S.C. 3101 et seq.), including adult education and
literacy activities under such Act.
``(B) The Wagner-Peyser Act (29 U.S.C. 49 et seq.).
``(C) The Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.).
``(D) The Higher Education Act of 1965 (20 U.S.C.
1001 et seq.).
``(E) The Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.).
``(F) Title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.).
``(G) Title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.).
``(H) Career and technical education programs at the
postsecondary level under the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2302).
``(I) Chapter 2 of title II of the Trade Act of 1974
(19 U.S.C. 2271 et seq.).
``(J) Chapter 41 of title 38, United States Code.
``(K) Employment and training activities carried out
under the Community Services Block Grant Act (42 U.S.C.
9901 et seq.).
``(L) Employment and training activities carried out
by the Department of Housing and Urban Development.
``(M) State unemployment compensation laws (in
accordance with applicable Federal law).
``(N) Section 231 of the Second Chance Act of 2007
(34 U.S.C. 60541).
``(O) Part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.).
``(P) Employment and training programs carried out by
the Small Business Administration.
``(Q) Section 6(d)(4) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2015(d)(4)).
``(R) Educational assistance programs under chapters
30 through 36 of title 38, United States Code.
``(26) Secretary.--The term `Secretary' means the Secretary
of Labor.
``(27) Sponsor.--The term `sponsor' means an employer, joint
labor-management organization, trade association, professional
association, labor organization, education and training
provider, or qualified intermediary that is applying to
administer and operate a program under the national
apprenticeship system.
``(28) State apprenticeship agency.--The term `State
apprenticeship agency' means a State agency recognized as a
State apprenticeship agency under section 113.
``(29) State apprenticeship council.--The term `State
apprenticeship council' means an entity established under
section 113(b)(3) to assist the State apprenticeship agency.
``(30) State office of apprenticeship.--The term `State
office of apprenticeship' means the office designated by the
Administrator to administer programs under the national
apprenticeship system in such State and meets the requirements
of section 111(b)(3).
``(31) State or local workforce development boards.--The
terms `State workforce development board' and `local workforce
development board' have the meanings given the terms `State
board' and `local board', respectively, in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
``(32) State workforce agency.--The term `State workforce
agency' means the State agency with responsibility for
workforce investment activities under chapters 2 and 3 of
subtitle B of title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3121 et seq., 3131 et seq.).
``(33) CTE terms.--The terms `area career and technical
education school', `articulation agreement', `credit transfer
agreement', `postsecondary educational institution', `Tribally
controlled college or university', `Tribally controlled
postsecondary career and technical institution', and `work-
based learning' have the meanings given in section 3 of the
Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2302).
``(34) ESEA terms.--The terms `dual or concurrent enrollment
program', `early college high school', `education service
agency', `high school', `local educational agency',
`paraprofessional', and `State educational agency' have the
meanings given in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(35) Tribal educational agency.--The term `Tribal
educational agency' has the meaning given the term in section
6132 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7452).
``(36) WIOA terms.--The terms `career pathway', `in-demand
industry sector or occupation', `individual with a barrier to
employment', `industry or sector partnership', `labor market
area', `local area', `one-stop center', `one-stop operator',
`one-stop partner', `State', `supportive services' and
`workforce development system' have the meanings given in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
``(37) Youth apprentice.--The term `youth apprentice' means a
participant in a youth apprenticeship program.
``(38) Youth apprenticeship program.--The term `youth
apprenticeship program' means a model or program that meets the
standards described in section 122(d) and is registered under
this Act.
``SEC. 3. PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM.
``Any funds appropriated under this Act shall only be used for, or
provided to, programs under the national apprenticeship system,
including any funds awarded for the purposes of grants, contracts, or
cooperative agreements, or the development, implementation, or
administration, of program under the national apprenticeship system.
``SEC. 4. TRANSITION PROVISIONS.
``The Secretary shall take such steps as are necessary to provide for
the orderly transition to the authority of this Act (as amended by the
National Apprenticeship Act of 2020) from any authority under the Act
of August 16, 1937 (commonly referred to as the `National
Apprenticeship Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.),
as in effect on the day before the date of enactment of the National
Apprenticeship Act of 2020.
``SEC. 5. DISAGGREGATION OF DATA.
``The disaggregation of data under this Act shall not be required
when the number of program participants in a category is insufficient
to yield statistically reliable information or when the results would
reveal personally identifiable information about a program participant
or would reveal such information when combined with other released
information.
``SEC. 6. RELATION TO OTHER LAWS.
``Nothing in this Act shall invalidate or limit the remedies, rights,
and procedures under any Federal law or the law of any State or
political subdivision of any State or jurisdiction that provides
greater or equal protection for individuals based on race, color,
religion, national origin, sex, sexual orientation, age, genetic
information, or disability than are afforded by this Act.
``TITLE I--PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM
``Subtitle A--The Office of Apprenticeship, State Registration Agency
Approval Process, and Interagency Agreement
``SEC. 111. THE OFFICE OF APPRENTICESHIP.
``(a) Establishment of the Office of Apprenticeship.--There is
established, in the Employment and Training Administration of the
Department of Labor, an Office of Apprenticeship (referred to in this
section as the `Office'), which shall be directed by an Administrator
who has demonstrated knowledge of the national apprenticeship system
necessary to head the Office.
``(b) Responsibilities.--The Administrator shall be responsible for
the administration of this Act, including:
``(1) Promotion and awareness activities.--The Administrator
shall carry out promotion and awareness activities, including
the following:
``(A) Supporting the development or scaling of
apprenticeship models nationally, promoting the
effectiveness of youth apprenticeship, pre-
apprenticeship, and apprenticeship programs, and
providing promotional materials to State apprenticeship
agencies, State workforce development systems or local
workforce development systems, State educational
agencies or local educational agencies, employers,
trade associations, professional associations, industry
groups, labor organizations, joint labor-management
organizations, education and training providers,
Federal and State correctional facilities, and
prospective apprentices in such programs.
``(B) Promoting greater diversity in the national
apprenticeship system including by--
``(i)(I) promoting outreach to nontraditional
apprenticeship populations;
``(II) engaging minority-serving institutions
and employers from nontraditional
apprenticeship industries or occupations; and
``(III) engaging small, medium-size, women-
owned, and minority-owned businesses, and
employers in high-skill, high-wage, and in-
demand industry sectors and occupations that
are nontraditional apprenticeship industries or
occupations; and
``(ii) supporting the participation and
retention of apprentices and employers
described in clause (i) in the national
apprenticeship system.
``(2) Technical assistance activities.--The Administrator
shall carry out technical assistance activities, including the
following:
``(A) Providing technical assistance to--
``(i) assist State apprenticeship agencies
and sponsors in complying with the requirements
of this Act, including the process and
standards described in subtitle B and the
evaluation and research requirements described
in subtitle C;
``(ii) receive and resolve comments or
complaints from youth apprentices, pre-
apprentices, or apprentices, sponsors,
employers, State apprenticeship agencies, State
local workforce agencies or local workforce
agencies, State educational agencies or local
educational agencies, qualified intermediaries,
labor organizations, joint labor-management
organizations, or other stakeholders;
``(iii) assist sponsors, employers, qualified
intermediaries, and education and training or
related instruction providers, or other
entities interested in becoming sponsors, or
seeking support for developing programs under
the national apprenticeship system or
effectively carrying out such programs,
including providing assistance for remote or
virtual learning or training, as necessary;
``(iv) assist those applying for or carrying
out grants under title II; and
``(v) share, through a national
apprenticeship system clearinghouse, high-
quality materials for programs under the
national apprenticeship system, such as related
instruction or training materials.
``(B) Cooperating with the--
``(i) Secretary of Education in--
``(I) providing technical assistance
for the development and implementation
of related instruction under the
national apprenticeship system that is
aligned with State education systems
and education and training providers;
and
``(II) supporting the stackability
and portability of academic credit and
credentials earned as part of such
programs, including through
articulation agreements and career
pathways; and
``(ii) State workforce development systems to
promote awareness of opportunities under the
national apprenticeship system.
``(3) State offices of apprenticeship.--
``(A) Establishment of offices.--
``(i) In general.--The Administrator shall
establish and operate a State Office of
Apprenticeship in a State described in clause
(ii) to serve as the registration agency for
such State.
``(ii) Applicable states.--A State described
in this clause is a State--
``(I) in which, as of the day before
the date of enactment of the National
Apprenticeship Act of 2020, there is no
State Office of Apprenticeship; and
``(II) that has not applied for
recognition as a State apprenticeship
agency under section 113, or for which
such recognition has not provided or
has been withdrawn by the Administrator
under such section.
``(B) State plan requirement.--Each State Office of
Apprenticeship shall be administered by a State
Director who shall prepare and submit a State plan that
meets the requirements of section 113(c).
``(C) Vacancies.--Subject to the availability of
appropriations, in the case of a State Office of
Apprenticeship with a vacant position, the
Administrator shall--
``(i) make information on such vacancy
available on a publicly accessible website; and
``(ii) report to the Committee on Education
and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and
Pensions of the Senate, on the status and
length of such vacancy if such vacancy is not
filled not later than 90 days after such
position has become vacant.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to prohibit any State
described in subparagraph (A)(ii) from establishing an
agency or entity to promote programs under the national
apprenticeship system in such State, in coordination
with the State Office of Apprenticeship operating in
the State, so long as such agency or entity does not
act as the registration agency in such State.
``(4) Quality standards, apprenticeship agreement, and
registration review.--In order for the Secretary, acting
through the Administrator, to support the formulation and
furtherance of labor standards necessary to safeguard the
welfare of program participants, and to extend the application
of such standards in apprenticeship agreements, not later than
1 year after the effective date of the National Apprenticeship
Act of 2020, and at least every 3 years thereafter, the
Administrator shall review, and where appropriate, update the
process for meeting the requirements of subtitle B, including
applicable regulations and subregulatory guidance to ensure
that such process is easily accessible and efficient to bring
together employers and labor as sponsors or potential sponsors
of programs under the national apprenticeship system.
``(5) Apprenticeable occupations.--
``(A) Existing apprenticeable occupations.--The
Administrator shall regularly review and update the
requirements for each apprenticeable occupation to
ensure that such requirements are in compliance with
requirements under this Act.
``(B) New apprenticeable occupation.--
``(i) In general.--The Administrator shall
review and make a determination on whether to
approve an occupation as an apprenticeable
occupation not later than 45 days after
receiving an application from a person seeking
such approval from the Administrator.
``(ii) Estimated timeline.--If such
determination is not made within 45 days, the
Administrator shall provide the applicant with
a written explanation for the delay and offer
an estimated timeline for a determination that
does not to exceed 90 days after the date of
such written explanation.
``(C) Industry recognized occupational standards.--
``(i) In general.--From the funds
appropriated under section 141(a), the
Administrator shall convene, on an ongoing
basis and taking into consideration
recommendations of the Advisory Committee under
section 112(d)(4), the industry sector leaders
and experts described in clause (ii) for the
purposes of establishing or updating specific
frameworks of industry recognized occupational
standards for apprenticeable occupations
(including potential apprenticeable
occupations) that--
``(I) meet the requirements of this
Act; and
``(II) describe program scope and
length, related instruction, on-the-job
training, recognized postsecondary
credentials, and competencies, and
relevant timelines for review of such
frameworks.
``(ii) Industry sector leaders and experts.--
The industry sector leaders and experts are
employers, industry associations, joint labor-
management organizations, labor organizations,
education and training providers, credential
providers, program participants, and other
stakeholders relevant to the sector or
occupation for which the frameworks are being
established or updated, as determined by the
Administrator.
``(iii) Priority industry recognized
apprenticeable occupations.--In establishing
frameworks under clause (i) for the first time
after the effective date of the National
Apprenticeship Act of 2020, the Administrator
shall prioritize the establishment of such
standards in high-skill, high-wage, or in-
demand industry sectors and occupations.
``(D) Regulations.--Not later than one year after the
date of the enactment of the National Apprenticeship
Act of 2020, the Secretary shall issue regulations that
outline a process for proactively establishing and
approving standards and requirements for apprenticeable
occupations in consultation with the industry sector
leaders and experts described in subparagraph (C)(ii).
``(6) Program oversight and evaluation.--The Administrator
shall--
``(A) monitor State apprenticeship agencies, State
Offices of Apprenticeship, grantees, and sponsors of
programs under the national apprenticeship system to
ensure compliance with the requirements of this Act;
``(B) provide technical assistance to assist such
entities with such compliance or program performance;
and
``(C) conduct research and evaluation in accordance
with subtitle C.
``(7) Promoting diversity in the national apprenticeship
system.--The Administrator shall promote diversity and ensure
equal opportunity to participate in programs for apprentices,
youth apprentices, and pre-apprentices, including--
``(A) taking steps necessary to promote diversity in
apprenticeable occupations under the national
apprenticeship system, especially in high-skill, high-
wage, or in-demand industry sectors and occupations in
areas with high percentages of low-income individuals;
``(B) ensuring programs under the national
apprenticeship system--
``(i) adopt and implement policies to provide
for equal opportunity in such programs, as
described in section 30.3 of title 29, Code of
Federal Regulations (as in effect on January
31, 2020);
``(ii) do not engage in intimidation or
retaliation as prohibited under section 30.17
of title 29, Code of Federal Regulations (as in
effect on January 31, 2020); and
``(iii) are subject, for any violation of
clauses (i) or (ii), to enforcement action
under this Act; and
``(C) supporting the recruitment, employment, and
retention of nontraditional apprenticeship populations
in programs under the national apprenticeship system in
high-skill, high-wage, and in-demand industry sectors
and occupations, including women, people of color,
individuals with disabilities, individuals impacted by
the criminal and juvenile justice system, and
individuals with barriers to employment, as applicable.
``(8) Grant awards.--The Administrator shall award grants
under title II.
``(9) National advisory committee.--The Administrator shall--
``(A) regularly consult with the National Advisory
Committee on Apprenticeships under section 112; and
``(B) ensure that the required recommendations and
other reports of the Advisory Committee are submitted
to the Secretary and transmitted to the Committee on
Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions
of the Senate.
``(10) Coordination.--The Administrator shall coordinate and
align programs under the national apprenticeship system with
related Federal programs.
``(c) Information Collection and Dissemination.--The Administrator
shall provide for data collection and dissemination of information
regarding programs under the national apprenticeship system,
including--
``(1) not later than 1 year after the date of the enactment
of the National Apprenticeship Act of 2020, establishing and
supporting a single information technology infrastructure to
support data collection and reporting from State apprenticeship
agencies, State Offices of Apprenticeship, grantees under title
II, program sponsors, and program administrators under the
national apprenticeship system by providing for a data
infrastructure that--
``(A) is developed and maintained by the
Administrator, with input from national data and
privacy experts, is informed by best practices on
public provision of credential information, and to the
extent practicable, aligns with the technology
infrastructure for related Federal programs, such as
the technology infrastructure used under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.);
``(B) best meets the needs of the national
apprenticeship system stakeholders reporting data to
the Administrator or State apprenticeship agencies,
including through the provision of technical assistance
and financial assistance as necessary to ensure
reporting systems are equipped to report into a single
information technology infrastructure; and
``(C) is aligned with data from the performance
reviews under section 131(b)(1)(A);
``(2) providing for data sharing that includes making
nonpersonally identifiable apprenticeship data available on a
publicly accessible website that is searchable and comparable,
through the use of common, linked, open-data description
language, such as the credential transparency description
language or a substantially similar resource, so that
interested parties can become aware of apprenticeship
opportunities and of program outcomes that best meets the needs
of youth apprentices, pre-apprentices, and apprentices,
employers, education and training providers, program sponsors,
and relevant stakeholders, including--
``(A) information on program offerings under the
national apprenticeship system based on geographical
location and apprenticeable occupation;
``(B) information on education and training providers
providing opportunities under such system, including
whether programs under such system offer dual or
concurrent enrollment programs, articulation
agreements, and recognized postsecondary credentials as
part of the program offerings;
``(C) information about the educational and
occupational credentials and related competencies of
programs under such system; and
``(D) information based on the most recent data
available to the Office that is consistent with
national standards and practices.
``SEC. 112. NATIONAL ADVISORY COMMITTEE ON APPRENTICESHIPS.
``(a) Establishment.--
``(1) In general.--There is established, in the Department of
Labor, a National Advisory Committee on Apprenticeships.
``(2) Composition.--
``(A) Appointments.--The Advisory Committee shall
consist of 27 voting members described in subparagraph
(B) appointed by the Secretary.
``(B) List of individuals.--The individuals described
in this subparagraph are--
``(i) 9 representatives of employers or
industry associations who participate in an
apprenticeship program, including
representatives of employers representing
nontraditional apprenticeship industries or
occupations, and other high-skill, high-wage,
or in-demand industry sectors or occupations,
as applicable;
``(ii) 9 representatives of labor
organizations or joint labor-management
organizations who have responsibility for the
administration of an apprenticeship program
(including those sponsored by a joint labor-
management organization and from nontraditional
apprenticeship industries or occupations), at
least 1 of which represent employees primarily
in the building trades and construction
industry;
``(iii) 1 representative of each from--
``(I) a State apprenticeship agency;
``(II) a State or local workforce
development board with significant
expertise in supporting a program under
the national apprenticeship system;
``(III) a community organization with
significant expertise supporting such a
program;
``(IV) an area career and technical
education school or local educational
agency;
``(V) a State apprenticeship council;
``(VI) a State or local postsecondary
education and training providers that
administers, or has not less than 1
articulation agreement with an entity
administering, a program under the
national apprenticeship system;
``(VII) a provider of an industry-
recognized credential;
``(VII) a national qualified
intermediary; and
``(IX) an apprentice.
``(C) Ex officio nonvoting members.--The Advisory
Committee shall consist of ex officio nonvoting members
from each of the following departments, selected by the
applicable Secretary--
``(i) the Department of Labor;
``(ii) the Department of Commerce;
``(iii) the Department of Education;
``(iv) the Department of Energy;
``(v) the Department of Housing and Urban
Development;
``(vi) the Department of Transportation;
``(vii) the Department of Veterans Affairs;
``(viii) the Department of Health and Human
Services;
``(ix) the Department of Justice; and
``(x) the Department of Defense.
``(D) Recommendations.--The Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the Majority Leader of the Senate, and
the Minority Leader of the Senate may each recommend to
the Secretary an individual described in clause (i) or
(ii) of subparagraph (B) for appointment under
subparagraph (A) who shall be subject to the
requirements of paragraph (3).
``(3) Qualifications.--An individual shall be selected under
paragraph (1) on the basis of the experience and competence of
such individual with respect to programs under the national
apprenticeship system.
``(4) Terms.--
``(A) In general.--Each voting member of the Advisory
Committee shall be appointed for a term of 4 years,
except as provided in subparagraphs (B) through (D).
``(B) Terms of initial appointees.--
``(i) In general.--The appointments of the
initial members of the Advisory Committee shall
be made not later than 90 days after the
effective date of the National Apprenticeship
Act of 2020.
``(ii) Staggering of terms.--As designated by
the Secretary at the time of the appointment,
of the members first appointed--
``(I) half of such members shall
serve a 2-year term; and
``(II) half of such members shall
serve a 4-year term.
``(C) Vacancies.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that member's term
until a successor has taken office. A vacancy in the
Advisory Committee shall be filled in the manner in
which the original appointment was made, except that
such appointment shall be made not later than 90 days
after the date of the vacancy. A member who fulfilled a
partial term as the result of a vacancy may, at the end
that term, be appointed to a full term.
``(D) Multiple terms.--A voting member of the
Advisory Committee may serve not more than 2 full terms
on the Advisory Committee.
``(b) Chairperson.--The Advisory Committee members shall designate by
vote one of the voting members described in subsection (a)(2)(A) of the
Advisory Committee to serve as Chairperson of the Advisory Committee.
``(c) Meetings.--
``(1) In general.--The Advisory Committee shall meet at the
call of the Chairperson and hold not fewer than 4 meetings
during each calendar year.
``(2) Open access.--All meetings of the Advisory Committee
shall be open to the public. A transcript shall be kept of each
meeting and made available for public inspection within 30 days
of the meeting.
``(d) Duties.--The Advisory Committee shall, at a minimum--
``(1) advise, consult with, and make recommendations to the
Administrator on matters relating to the administration of this
Act, including recommendations on regulations and policies
related to the administration of this Act;
``(2) annually prepare a set of recommendations for the
Administrator, to be shared with the Committee on Education and
Labor of the House of Representatives and the Committee on
Health, Education, Labor and Pensions of the Senate, to improve
the registration process under subtitle B to make the process
easily accessible and efficient for use by sponsors while
maintaining the requirements under subtitle B;
``(3) make recommendations on expanding participation of
nontraditional apprenticeship populations in programs under the
national apprenticeship system; and
``(4) review apprenticeable occupations and, based on reviews
of labor market trends and changes, make recommendations to the
Administrator on whether to--
``(A) make updates to apprenticeable occupations
under section 111(b)(5)(A); or
``(B) convene sector leaders and experts under
section 111(b)(5)(C) for the establishing specific
frameworks of industry recognized occupational
standards.
``(e) Personnel.--
``(1) Compensation of members.--
``(A) In general.--A member of the Advisory Committee
who is not an officer or employee of the Federal
Government shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the performance of the duties of the
Advisory Committee.
``(B) Officers or employees of the united states.--
Members of the Advisory Committee who are officers or
employees of the United States may not receive
additional pay, allowances, or benefits by reason of
their service on the Advisory Committee.
``(2) Staff.--The Secretary shall supply the Advisory
Committee with an executive Secretary and provide such
secretarial, clerical, and other services as the Secretary
determines to be necessary to enable the Advisory Committee to
carry out the duties described in subsection (d).
``(3) Data requests.--The Advisory Committee through its
Chairperson may request data from the Secretary as determined
necessary by the Advisory Committee to carry out its functions
as described in this section.
``(f) Permanent Committee.--The Federal Advisory Committee Act (5
U.S.C. App.) (other than section 14 of such Act) shall apply to the
Advisory Committee.
``SEC. 113. STATE APPRENTICESHIP AGENCIES AND STATE OFFICES OF
APPRENTICESHIP.
``(a) Recognition of State Apprenticeship Agencies.--
``(1) In general.--The Administrator shall recognize a State
agency as a State apprenticeship agency in accordance with this
section and cooperate with such State apprenticeship agency
regarding the formulation and promotion of standards of
apprenticeship under subtitle B.
``(2) Application.--A State desiring to have a State agency
recognized as a State apprenticeship agency under this section
shall submit an application at such time, in such manner, and
containing such information as the Administrator may require,
including--
``(A) the initial State plan described in subsection
(c)(2)(A)(i);
``(B) a description of how the State apprenticeship
agency will meet the State plan requirements of
subsection (c); and
``(C) a description of the linkages and coordination
of the State's proposed standards, criteria, and
requirements with the State's economic development
strategies and workforce development system and the
State's secondary, postsecondary, and adult education
systems.
``(3) Review and recognition.--
``(A) In general.--Not later than 90 days after the
date on which a State submits an application under
paragraph (2), the Secretary shall notify the State
regarding whether the agency of the State is recognized
as a State apprenticeship agency under this section.
``(B) Duration of recognition.--
``(i) Duration.--The recognition of a State
apprenticeship agency shall be for a 4-year
period beginning on the date the State
apprenticeship agency is notified under
subparagraph (A).
``(ii) Notification.--
``(I) In general.--The Secretary
shall notify a State apprenticeship
agency not later than 180 days before
the last day of the 4-year period
regarding whether the State
apprenticeship agency is in compliance
with this section.
``(II) Compliance.--In the case of a
State apprenticeship agency that is in
compliance with this section, the
agency's recognition under this section
shall be renewed for an additional 4-
year period and the notification under
subclause (I) shall include
notification of such renewal.
``(III) Noncompliance.--In the case
of a State apprenticeship agency that
is not in compliance with this section,
the notification shall--
``(aa) specify the areas of
noncompliance;
``(bb) require corrective
action; and
``(cc) offer technical
assistance.
``(iii) Renewal after correction.--If the
Administrator determines that a State
apprenticeship agency has corrected the
identified areas of noncompliance under this
subparagraph not later than 180 days of
notification of noncompliance, the State
apprenticeship agency's recognition under this
section shall be renewed for an additional 4-
year period.
``(C) Transition period for state agencies.--
``(i) In general.--Not later than 1 year
after the effective date of the National
Apprenticeship Act of 2020, a State agency
that, as of the day before the date of
enactment of such Act, was recognized by the
Secretary for purposes of registering
apprenticeship programs in accordance with this
Act shall submit an application under paragraph
(2).
``(ii) Transition period.--A State agency
described in clause (i) shall be recognized as
a State apprenticeship agency under this
section for a 4-year period beginning on the
date on which the Secretary approves the
application submitted by the State agency under
paragraph (2).
``(b) Authority of a State Apprenticeship Agency.--
``(1) In general.--For the period during which a State
apprenticeship agency is recognized under subsection (a) and to
maintain such recognition, the State apprenticeship agency
shall carry out the requirements of this Act.
``(2) Program recognition.--With respect to a State with a
State apprenticeship agency, the State apprenticeship agency
shall have sole authority to recognize and register a pre-
apprenticeship, youth apprenticeship, or apprenticeship program
in such State, which shall include--
``(A) determining whether such program is in
compliance with the standards for such program under
section 122;
``(B) in the case of such a program that is in
compliance with such standards, recognizing the program
and providing a certificate of recognition for such
program;
``(C) providing technical assistance to current or
potential sponsors; and
``(D) in the case of such a program that fails to
meet the requirements of this Act, providing for the
withdrawal of recognition of the program in accordance
with section 131(b).
``(3) State apprenticeship council.--
``(A) In general.--A State apprenticeship agency
shall establish and continue to use a State
apprenticeship council, which shall operate in
compliance with the requirements of this Act under the
direction of the State apprenticeship agency.
``(B) Composition.--A State apprenticeship council
may be regulatory or advisory in nature, and shall--
``(i) be composed of persons familiar with
apprenticeable occupations; and
``(ii) be fairly balanced, with an equal
number of--
``(I) representatives of employer
organizations, including from
nontraditional apprenticeship
industries or occupations;
``(II) representatives of labor
organizations or joint labor-management
organizations, including from
nontraditional apprenticeship
industries or occupations; and
``(III) public members; and
``(iii) to the extent practicable, have not
less than 1 member who is a member of the State
workforce board.
``(C) Special rule.--A State apprenticeship council
shall not be eligible for recognition as a State
apprenticeship agency.
``(c) State Plan.--
``(1) In general.--For a State apprenticeship agency to be
eligible to receive allotments under subsection (f) and to be
recognized under this section, the State apprenticeship agency
shall submit to the Secretary a State plan that meets the
requirements of this subsection.
``(2) Approval of state plan.--
``(A) Submission.--
``(i) Initial plan.--The first State plan of
a State apprenticeship agency shall be
submitted to the Administrator not later than
120 days prior to the commencement of the first
full program year of the State apprenticeship
agency, which shall include--
``(I) a description of any State
laws, policies, or operational
procedures relating to the process of
recognizing programs under the national
apprenticeship system that is
inconsistent with, or imposes
requirements in addition to, the
requirements of this Act;
``(II) an assurance that the State
will notify the Administrator if there
are any changes to the State laws
(including regulations), policies, or
procedures described in subclause (I)
that occur after the date of submission
of such plan; and
``(III) an assurance that the State
will make available on a publicly
available website a description of any
laws (including regulations), policies,
and operational procedures relating to
the process of recognizing programs
under the national apprenticeship
system that are inconsistent with, or
impose requirements in addition to, the
requirements of this Act.
``(ii) Subsequent plans.--Except as provided
in clause (i), a State plan shall be submitted
to the Administrator not later than 120 days
prior to the end of the 4-year period covered
by the preceding State plan.
``(B) Approval.--A State plan shall be subject to the
approval of the Administrator and shall be considered
to be approved at the end of the 90-day period
beginning on the date that the plan is submitted under
this paragraph, unless the Administrator, during the
90-day period, provides the State apprenticeship
agency, in writing--
``(i) an explanation for why the State plan
is inconsistent with the requirements of this
Act; and
``(ii) an opportunity for an appeal of such
determination to an Administrative Law Judge
for the Department of Labor not later than 30
days after receipt of the notice of denial from
the Administrator.
``(C) Modifications.--
``(i) Modifications.--At the end of the first
2-year period of any 4-year State plan, the
State may submit modifications to the State
plan to reflect changes in labor market and
economic conditions or other factors affecting
the implementation of the State plan.
``(ii) Approval.--A modified State plan
submitted for review under clause (i) shall be
subject to the approval requirements described
in subparagraph (B).
``(3) Technical assistance.--Each State Plan shall describe
how the State apprenticeship agency will provide technical
assistance for--
``(A) potential sponsors, employers, labor
organizations, joint labor-management organizations,
qualified intermediaries, apprentices, education and
training providers, credentialing bodies, eligible
entities, industry associations, or any potential
program participant in the national apprenticeship
system in the State for the purposes of recruitment,
retention, program development, expansion, or
implementation, including supporting remote or virtual
learning or training, as necessary;
``(B) sponsors of programs registered in the State,
including sponsors that are not meeting performance
goals under subtitle C, for purposes of assisting
sponsors in meeting or exceeding such goals; and
``(C) sponsors of programs registered in that State
for purposes of assisting such sponsors in achieving
State goals in diversity and equal opportunity in
apprenticeships in accordance with paragraph (5).
``(4) Reciprocity.--Each State plan shall describe how the
State apprenticeship agency, in the case of a program
recognized by a registration agency in another State, shall
recognize such program in the State of such agency for purposes
of this Act by not later than 30 days after receipt of an
application for such recognition from a program sponsor, as
long as such program meets the wage and hour provisions of the
State granting reciprocity.
``(5) Promoting diversity in the national apprenticeship
system.--Each State plan shall include a plan for how the State
apprenticeship agency will--
``(A) promote diversity in apprenticeable occupations
offered throughout the State, and a description of how
such agency will promote the addition of apprenticeable
occupations in high-skill, high-wage, or in-demand
industry sectors and occupations, and in nontraditional
apprenticeship occupations and sectors; and
``(B) promote diversity and equal opportunity in
programs under the national apprenticeship system by
uniformly adopting and implementing the requirements of
subparagraphs (B) and (C) of section 111(b)(7).
``(6) Complaints.--
``(A) In general.--Subject to subparagraph (B), each
State plan shall include a description of the system
for the State apprenticeship agency to receive and
resolve complaints submitted by program participants,
the program participant's authorized representative,
sponsors, employers, or nonprofit compliance
organizations, such as complaints concerning equal
employment opportunity or discrimination, violations of
the apprenticeship agreement, or violations of
requirements under this Act.
``(B) Collective bargaining agreements.--Any
controversy arising under an apprenticeship agreement
which is covered by a collective bargaining agreement
shall not be subject to the system described in
subparagraph (A), except that complaints concerning
discrimination or any matters described in subparagraph
(5)(B) shall be subject to such system.
``(7) State apprenticeship hubs.--Each State plan shall
describe how the State will support, in a manner that takes
into consideration geographic diversity, the creation and
implementation of apprenticeship hubs throughout the State that
shall work with industry and sector partnerships to expand
programs under the national apprenticeship system, and
apprenticeable occupations, in the State.
``(8) State apprenticeship performance outcomes.--Each State
plan shall--
``(A) in coordination with the Administrator,
establish annual State performance goals for the
programs registered by the State apprenticeship agency
for the indicators described--
``(i) in subparagraph (A) of section
131(b)(1); and
``(ii) in subparagraph (B)(ii) of section
131(b)(1); and
``(B) describe how the State apprenticeship agency
will collect performance data from programs registered
by the agency; and
``(C) annually report on the outcomes of each such
program in relation to the State established goals
under subparagraph (A).
``(9) Uses of funds.--Each State plan shall include a
description of the uses described in subsection (d) of the
allotment received by the State apprenticeship agency under
subsection (f).
``(10) Alignment of workforce activities.--Each State plan
shall include a summary of State-supported workforce
development activities (including education and training) in
the State, including--
``(A) a summary of the apprenticeship programs on the
list of eligible providers of training services under
section 122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d));
``(B) the degree to which the programs under the
national apprenticeship system in the State are aligned
with and address the skill needs of the employers in
the State identified by the State workforce development
board; and
``(C) a description of how apprenticeship programs
will receive expedited consideration to be included on
the list of eligible providers of training services
under section 122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d)).
``(11) State strategic vision.--Each State plan shall include
a summary of the State's strategic vision and set of goals for
preparing an educated and skilled workforce and for meeting the
skilled workforce needs of employers, including in existing and
emerging in-demand industry sectors and occupations as
identified by the State, and how the programs registered by the
State apprenticeship agency in the State will help to meet such
goals.
``(12) Strategy for any joint planning, alignment,
coordination, and leveraging of funds.--Each State plan shall
provide a description of the State apprenticeship agency's
strategy for joint planning, alignment, coordination, and
leveraging of funds--
``(A) with the State's workforce development system,
to achieve the strategic vision and goals described in
paragraph (11), including the core programs defined in
section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102) and the elements related to system
alignment under section 102(b)(2)(B) of such Act (29
U.S.C. 3112(b)(2)(B));
``(B) for programs under the national apprenticeship
system in the State with other Federal education
programs, including programs under--
``(i) the Elementary and Secondary Education
Act of 1965;
``(ii) the Individuals with Disabilities
Education Act;
``(iii) the Carl D. Perkins Career and
Technical Education Act of 2006; and
``(iv) the Higher Education Act of 1965; and
``(C) to provide information about access to
available State assistance or assistance under related
Federal programs, including such assistance under--
``(i) section 6(d) of the Food and Nutrition
Act of 2008;
``(ii) subsection (c)(1) of section 3672 of
title 38, United States Code;
``(iii) section 231 of the Second Chance Act
of 2007 (34 U.S.C. 60541); and
``(iv) the State Temporary Assistance for
Needy Families programs under part A of title
IV of the Social Security Act.
``(13) State apprenticeship council.--Each State plan shall
provide for a description of the composition, roles, and
responsibility of the State apprenticeship council, and how the
Council will comply with the requirements of subsection (b)(3).
``(d) State Apprenticeship Agency Funding.--A State apprenticeship
agency shall use funds received under clauses (i) and (ii) of
subsection (f)(1)(A) according to the following requirements:
``(1) Program administration.--The State apprenticeship
agency shall use such funds to support the administration of
programs under the national apprenticeship system across the
State, including for--
``(A) staff and resources;
``(B) oversight and evaluation as required under this
Act;
``(C) technical assistance to program sponsors,
program participants, employers, labor organizations,
joint labor-management organizations, education and
training providers, and qualified intermediaries;
``(D) pre-apprenticeship, youth, and apprenticeship
program recruitment and development, including for--
``(i) engaging potential providers of such
programs such as employers, qualified
intermediaries, related instruction providers,
and potential program participants;
``(ii) publicizing apprenticeship
opportunities and benefits; and
``(iii) engaging State workforce and
education systems for collaboration and
alignment across systems; and
``(E) supporting the enrollment and apprenticeship
certification requirements to allow veterans and other
individuals eligible for the educational assistance
programs under chapters 30 through 36 of title 38,
United States Code, and any related educational
assistance programs under laws administered by the
Secretary of Veterans Affairs, to use such assistance
for the apprenticeship program, including the
requirement of designating a certifying official.
``(2) Educational alignment.--The State apprenticeship agency
shall use not less than 10 percent of such funds to engage with
the State education system to provide technical assistance and
best practices regarding--
``(A) alignment of youth apprenticeship programs with
the secondary education programs in the State,
including support for career exploration, career
pathways, education and career planning, and engagement
with youth apprenticeship programs for teachers, career
guidance and academic counselors, school leaders,
administrators, and specialized instructional support
personnel and paraprofessionals;
``(B) alignment of related instruction provided under
the national apprenticeship system in the State with
academic credit granting postsecondary programs
(including developing career pathways, articulation
agreements, and prior learning assessments); and
``(C) the joint planning, alignment, coordination,
and leveraging of funds described in subparagraphs (B)
and (C) of subsection (c)(12).
``(3) Workforce alignment.--The State apprenticeship agency
shall use not less than 10 percent of such funds to engage with
the State workforce development system to provide technical
assistance and best practices regarding--
``(A) alignment with the State's workforce activities
and strategic vision in accordance with paragraphs
(10), (11), and subparagraphs (A) and (C) of paragraph
(12) of subsection (c);
``(B) guidance for training staff of the workforce
development system, including the vocational
rehabilitation agencies, within the State on the value
of programs under the national apprenticeship system as
a work-based learning option for participants,
including participants of programs authorized under the
Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.) such as Job Corps under subtitle C of
title I of such Act and YouthBuild under section 171 of
such Act;
``(C) providing a list of programs under the national
apprenticeship system that are offered in the State,
including in the State's high-skill, high-wage, or in-
demand industry sectors or occupations;
``(D) alignment of funding received and reporting
required under this Act, including relevant placement,
retention, and earnings information, with the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.), and technical assistance in how individual
training accounts under section 134(c)(3) of such Act
could be used to pay for the costs of enrolling and
participating in programs under the national
apprenticeship system;
``(E) partnerships with State or local workforce
development boards, State workforce agencies, and one-
stop centers and one-stop operators that assist program
participants in accessing supportive services to
support--
``(i) the recruitment, retention, and
completion of programs under the national
apprenticeship system;
``(ii) transitions from youth apprenticeships
and pre-apprenticeships to apprenticeship
programs; and
``(iii) the placement into employment or
further education upon program completion; and
``(F) expanding the list of eligible providers of
training services under section 122(d) of the Workforce
Innovation and Opportunity Act to include programs
under the national apprenticeship system in the State
(29 U.S.C. 3152(d)).
``(4) Leadership activities.--
``(A) In general.--A State apprenticeship agency may
reserve not more than 15 percent of the funds received
under subsection (f) in support of State apprenticeship
initiatives described in this paragraph.
``(B) Diversity.--Not less than 5 percent of the
amount reserved under subparagraph (A) shall be used by
the State apprenticeship agency for supporting and
expanding diversity in apprenticeable occupations under
the national apprenticeship system in the State and
program participant populations in the State.
``(C) Incentives for employers.--A State
apprenticeship agency may use funds reserved under
subparagraph (A) to incentivize employers to
participate in programs under the national
apprenticeship system, such as costs related to program
development, staffing for mentors and supervisors,
related instruction, or the creation of industry or
sector partnerships to support employer participation.
``(D) State-specific initiatives.--A State
apprenticeship agency may use funds reserved under
subparagraph (A) for State-specific initiatives, such
as the development or expansion of youth apprenticeship
programs or apprenticeship programs in high-skill,
high-wage, or in-demand industry sectors and
occupations.
``(5) State match for federal investment.--
``(A) In general.--Except in the case of exceptional
circumstances, as determined by the Administrator, in
order to receive a full allotment under subsection (f),
a State apprenticeship agency shall use matching funds
from non-Federal resources to carry out the activities
of the agency under this Act in an amount not less than
25 percent of such allotment.
``(B) Transition period.--The requirement under this
paragraph shall take effect with respect to a State
apprenticeship agency on the date that is 1 day after
the date on which the transition period for such agency
under subsection (a)(3)(C)(ii) ends.
``(e) Derecognition of State Apprenticeship Agencies.--
``(1) In general.--The Secretary may withdraw recognition of
a State apprenticeship agency before the end of the agency's 4-
year recognition period under subsection (a)(2)(B) if the
Secretary determines, after notice and an opportunity for a
hearing, that the State apprenticeship agency has failed for
one of the reasons described in paragraph (2), and has not been
in compliance with the performance improvement plan under
paragraph (3) to remedy such failure.
``(2) Derecognition criteria.--The recognition of a State
apprenticeship agency under this section may be withdrawn under
paragraph (1) in a case in which the State apprenticeship
agency fails to--
``(A) adopt or properly enforce a State plan;
``(B) properly carry out its role as the sole
registration agency in the State;
``(C) submit a report under section 131(b)(1)(B) for
any program year;
``(D) meet the State levels of performance as
described in subsection (c)(8)(A) or demonstrate
improvements in performance for 3 consecutive program
years; or
``(E) otherwise fulfill or operate in compliance with
the requirements of this Act.
``(3) Derecognition process.--
``(A) In general.--If a State apprenticeship agency
fails for any of the reasons described in paragraph
(2), the Secretary shall provide technical assistance
to such agency for corrective action to remedy such
failure, including assistance in the development of a
performance improvement plan.
``(B) Reduction of funds.--Except in the case of
exceptional circumstances as determined by the
Administrator, in a case in which such a State
apprenticeship agency continues such failure after the
provision of the technical assistance under
subparagraph (A)--
``(i) the percentage of the funds to be
allotted to the State apprenticeship agency
under subsection (f) for each fiscal year
following the fiscal year in which such failure
has been identified shall be reduced by 5
percentage points; and
``(ii) the Administrator shall provide notice
to the State apprenticeship agency that the
agency's recognition under this section may be
withdrawn if the agency fails to remedy the
failure.
``(C) Termination of proceedings.--If the
Administrator determines that the State apprenticeship
agency's corrective action under subparagraph (A) has
addressed the agency's failure identified under
paragraph (2), the Administrator shall--
``(i) restore the agency's full funding
allocation under this title for the next full
fiscal year; and
``(ii) notify the State apprenticeship agency
that the agency's recognition will not be
withdrawn under this section for the reason for
which the agency's funding under this title was
most recently reduced.
``(D) Opportunity for hearing.--
``(i) In general.--In a case in which a State
apprenticeship agency fails to remedy a failure
identified under paragraph (2), the
Administrator shall--
``(I) notify, in writing, the State
apprenticeship agency of the failure of
the State apprenticeship agency,
including a description of such failure
and an explanation that the agency's
recognition under this section may be
withdrawn as a result of such failure;
and
``(II) offer the State apprenticeship
agency an opportunity to request a
hearing not later than 30 days after
the date of such notice.
``(ii) Referral to office of administrative
law judges.--In a case in which the State
apprenticeship agency requests a hearing under
clause (i)(II), the Administrator shall refer
the matter to the Office of Administrative Law
Judges for a recommended decision by the
Administrative Review Board for final agency
action.
``(4) Requirements regarding withdrawal of recognition.--
``(A) Office of apprenticeship.--
``(i) Prior to order.--Prior to the
withdrawal of the recognition of a State
apprenticeship agency under this section, the
Administrator shall--
``(I) provide to the State
apprenticeship agency an order
withdrawing recognition of such agency
under this section; and
``(II) establish a State Office of
Apprenticeship; and
``(ii) After order.--Not later than 30 days
after the date of such order, provide
notification of the withdrawal to the sponsors
of the programs under the national
apprenticeship system in such State that were
registered with the State apprenticeship agency
to enable each such sponsor to be registered
with the Administrator (acting through the
State Office of Apprenticeship established
under clause (i)(II)).
``(B) State apprenticeship agency requirements.--A
State agency whose recognition as a State
apprenticeship agency under this section has been
withdrawn under paragraph (3) shall--
``(i) provide to the Administrator program
standards, apprenticeship agreements,
completion records, cancellation and suspension
records, performance metrics, and any other
documents relating to the State's programs
under the national apprenticeship system in the
State;
``(ii) cooperate fully during the transition
period beginning on the date of the order
withdrawing such recognition and ending on the
date on which the Administrator establishes a
State Office of Apprenticeship in the State;
and
``(iii) return any unused funds received
under this Act.
``(5) Reinstatement of recognition.--A State apprenticeship
agency that has had its recognition withdrawn under this
section may have such recognition reinstated upon presentation
of adequate evidence that the State apprenticeship agency has--
``(A) submitted an application under subsection
(a)(2), and
``(B) demonstrated the ability to operate in
compliance with the requirements of this Act.
``(f) Reservation and State Allotments.--
``(1) State allotments.--
``(A) In general.--Of the amount appropriated under
subsection (g) for a fiscal year--
``(i) 33 \1/3\ percent shall be equally
distributed among each State Office of
Apprenticeship, outlying area, and eligible
State; and
``(ii) 66 \2/3\ percent shall be allotted to
eligible States on the basis described in
subparagraph (B).
``(B) Formula.--
``(i) In general.--Of the amount available
under subparagraph (A)(ii)--
``(I) 25 percent shall be allotted on
the basis of the relative share of
program participants in each eligible
State, as determined on the basis of
the most recent satisfactory data
available from the Administrator,
compared to the total number of program
participants in all eligible States, as
determined on such basis;
``(II) 25 percent shall be allotted
on the basis of the relative share of
program participants who have completed
a program under the national
apprenticeship system in each eligible
State during the most recent 5-year
period, as determined on the basis of
the most recent satisfactory data
available from the Administrator,
compared to the total 5-year average of
program participants who have completed
a program in all eligible States, as
determined on such basis; and
``(III) 50 percent shall be allotted
on the basis described in clause (ii).
``(ii) Allotments based on bls and acs
data.--Of the amount available under clause
(i)(III)--
``(I) 33\1/3\ percent shall be
allotted on the basis of the relative
share of individuals in the civilian
labor force in each eligible State,
compared to the total number of
individuals in the civilian labor force
in all eligible States;
``(II) 33\1/3\ percent shall be
allotted on the basis of the relative
share of individuals living below the
poverty line in each eligible State,
compared to the total number of
individuals living below the poverty
line in all eligible States; and
``(III) 33\1/3\ percent shall be
allotted on the basis of the relative
number of unemployed individuals in
each eligible State, compared to the
total number of unemployed individuals
in all eligible States.
``(2) Definitions.--In this subsection--
``(A) Eligible state.--The term `eligible State'
means a State that has a State apprenticeship agency.
``(B) Outlying area.--The term `outlying area' means
American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, and the United States Virgin Islands.
``(C) Poverty line.--The term `poverty line' has the
meaning given such term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
``(D) Unemployed individual.--The term `unemployed
individual' has the meaning given such term in section
3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $75,000,000 for fiscal year 2021;
``(2) $85,000,000 for fiscal year 2022;
``(3) $95,000,000 for fiscal year 2023;
``(4) $105,000,000 for fiscal year 2024; and
``(5) $115,000,000 for fiscal year 2025.
``SEC. 114. INTERAGENCY AGREEMENT WITH DEPARTMENT OF EDUCATION.
``(a) In General.--Not later than 1 year after the effective date of
the National Apprenticeship Act of 2020, in order to cooperate with the
Secretary of Education and promote awareness and adoption of
apprenticeship programs, the Secretary (acting through the
Administrator) shall--
``(1) enter into an interagency agreement with the Secretary
of Education to promote and support integration and alignment
of programs under the national apprenticeship system with
secondary, postsecondary, and adult education, through the
activities described in this section; and
``(2) submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of Senate, such agreement and
any modifications to such agreement.
``(b) Alignment for Youth Apprenticeships.--In order to promote
alignment between youth apprenticeship programs and high school
graduation requirements, the interagency agreement under subsection (a)
shall describe how the Secretaries will work to provide--
``(1) information and resources to--
``(A) parents and students to promote a better
understanding of programs under the national
apprenticeship system and their value in secondary and
postsecondary education and career pathways by not
later than middle school; and
``(B) school leaders (working with academic
counselors, teachers, and faculty) about the value of
such programs and information on how to effectively
align youth apprenticeship programs with secondary and
career and technical education programs; and
``(2) technical assistance on how to--
``(A) align related instruction and apprenticeable
occupation skills and competencies to high school
graduation requirements;
``(B) offer related instruction through dual and
concurrent enrollment programs and other accelerated
learning programs, as described in section
4104(b)(3)(A)(i)(IV) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV));
``(C) facilitate transitions for youth apprentices
who have completed their youth apprenticeships into
further education, including an associate,
baccalaureate, or advanced degree, and related
apprenticeship opportunities; and
``(D) align activities carried out under this Act
with eligible funding from, and planning processes for,
the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.), the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.), the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.), the Rehabilitation Act of
1973, and the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.).
``(c) Apprenticeship College Consortium.--In order to support the
establishment of a college consortium of postsecondary educational
institutions, related instruction providers, sponsors, qualified
intermediaries, employers, labor organizations, and joint labor-
management organizations for the purposes of promoting stronger
connections between programs under the national apprenticeship system
and participating 2- and 4-year postsecondary educational institutions,
the interagency agreement under subsection (a) shall include a
description of how the Secretaries will--
``(1) support data sharing systems that align education
records and records of programs under the national
apprenticeship system regarding whether program participants
who receive financial aid under title IV of the Higher
Education Act of 1965 enroll in, or complete, postsecondary
coursework while participating in a program under such system;
``(2) provide guidance on how to align eligible funding from,
planning processes for, and the requirements of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.), the Rehabilitation Act of 1973, and the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.) with this Act;
``(3) require all participants of the apprenticeship college
consortium to enter into agreements to--
``(A) have an articulation agreement with a
participating sponsor of an apprenticeship program,
which may include a 2- or 4-year postsecondary
educational institution;
``(B) create or expand the awarding and articulation
of academic credit for related instruction completed
and credentials awarded to program participants as part
of a program under the national apprenticeship system;
and
``(C) support the creation or expansion of electronic
transcripts for apprenticeship programs and all
academic content, including related instruction and on-
the-job training;
``(4) provide technical assistance on eligible uses of
financial aid, including the Federal work study program under
part C of title IV of the Higher Education Act of 1965 (20
U.S.C. 1087-51 et seq.), for related instruction for programs
under the national apprenticeship system;
``(5) provide to consortium participants or potential
participants information regarding--
``(A) a list of apprenticeship programs in related
occupations offered in the State or available under the
Office of Apprenticeship that may become part of the
consortium;
``(B) information on how to develop an apprenticeship
program;
``(C) information on Federal, State, and local
financial resources available to assist with the
establishment and implementation of apprenticeship
programs; and
``(D) information on related qualified intermediaries
or industry or sector partnerships supporting
apprenticeship programs, as applicable; and
``(6) support information regarding the apprenticeship
consortium being made available on a publicly accessible
website, including--
``(A) a list of participating members of the
consortium, apprenticeship programs provided,
credentials awarded with each program, and available
apprenticeable occupations; and
``(B) models of articulation agreements, prior
learning assessments, and competency-based curriculum
for related instruction for illustrative purposes.
``(d) Best Practice Development and Sharing.--
``(1) Dissemination.--Such interagency agreement shall
require that the Secretaries disseminate information on the
value of programs under the national apprenticeship system,
including relevant placement, retention, and earnings
information, labor market data from the local area, and sector
forecasts to determine high-skill, high-wage, or in-demand
industry sectors or occupations of such programs, to local
education and training providers, labor organizations, or
joint-labor management organizations (including those
representing teachers).
``(2) Clearinghouse.--Such agreement shall require the
Secretaries to create a clearinghouse of best practices--
``(A) for improving performance and increasing
alignment of education and programs under the national
apprenticeship system, including career pathways; and
``(B) publicly disseminate information and resources
on--
``(i) replicable related instruction and on-
the-job learning; and
``(ii) how to build an understanding of
apprenticeship opportunities available to
students.
``(e) Data Sharing Agreement.--The Secretaries shall disseminate best
practices for the alignment of education records and records of
programs under the national apprenticeship system, including
information on program participants who enroll in, complete, and
receive academic credit for postsecondary coursework while
participating in such a program.
``(f) Secretaries Defined.--In this section, the term `Secretaries'
means the Secretary of Labor and the Secretary of Education.
``Subtitle B--Process and Standards for the National Apprenticeship
System
``SEC. 121. APPRENTICEABLE OCCUPATIONS STANDARDS.
``For an occupation to be an apprenticeable occupation under this
Act, a person seeking approval for such occupation to be an
apprenticeable occupation shall submit an application to the
Administrator that demonstrates that such apprenticeable occupation is
in-demand and will prepare individuals for the full range of skills and
competencies needed for such occupation by describing how such
apprenticeable occupation shall--
``(1) meet the industry-recognized occupational standards
under section 111(b)(5)(C); or
``(2) involve the progressive attainment of skills,
competencies, and knowledge that are--
``(A) clearly identified and commonly recognized
throughout the relevant industry or occupation;
``(B) customarily learned or enhanced in a practical
way through a structured, systematic program of on-the-
job supervised learning and related instruction to
supplement such learning; and
``(C) offered through a time-based, competency-based,
or hybrid model as described in section 122(b)(1)(E).
``SEC. 122. QUALITY STANDARDS OF PROGRAMS UNDER THE NATIONAL
APPRENTICESHIP SYSTEM.
``(a) In General.--The Secretary, acting through the Administrator,
shall formulate and promote the furtherance of quality standards
necessary to safeguard the welfare of apprentices, pre-apprentices, and
youth apprentices.
``(b) Apprenticeship Program Standards.--In addition to the standards
described in subsection (e), an apprenticeship program shall meet the
following standards:
``(1) The program has an organized and clearly written plan,
developed by the sponsor, that includes, at a minimum, the
following information:
``(A) The employment and training to be received by
each apprentice participating in the program,
including--
``(i) an outline of the work processes or the
plan in which the apprentice will receive
supervised work experience, on-the-job
training, and on-the-job learning;
``(ii) the allocation of the approximate
amount of time that will be spent in each major
work process by the apprentice;
``(iii) a description of the mentoring that
will be provided to the apprentice; and
``(iv) a description or timeline explaining
the periodic reviews and evaluations of the
apprentice's performance on the job and in
related instruction.
``(B) A process for maintaining appropriate progress
records, including the reviews and evaluations
described in subparagraph (A)(iv).
``(C) A description of the organized related
instruction the apprentice will receive in technical
subjects related to the occupation, which--
``(i) for time-based or hybrid apprenticeship
programs as described in paragraph (E), shall
include not less than 144 hours for each year
of apprenticeship, unless an alternative
requirement is put forth by the employer and
sponsor that reflects industry standards and is
accepted by the registration agency;
``(ii) may be accomplished through 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 that--
``(I)(aa) meet technical instructor
requirements of the applicable
education agency in the State of
registration; or
``(bb) are subject matter experts,
defined for purposes of this
subparagraph as individuals 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 providing
the related technical instruction; and
``(iv) where appropriate and to the extent
practicable, shall be aligned to a career
pathway.
``(D) A progressively increasing, clearly defined
schedule of wages to be paid to the apprentice that
is--
``(i) consistent with measurable skill gains;
and
``(ii) ensures the entry wage is not less
than the greater of--
``(I) the minimum wage required under
section 6(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
206(a)); or
``(II) the applicable wage required
by other applicable Federal or State
laws (including regulations) or
collective bargaining agreements.
``(E) The term of the apprenticeship program, which
may be measured using--
``(i) a time-based model, which requires the
completion of the industry standard for on-the-
job learning hours, which in no case shall be
less than 2,000 hours, unless an alternative
requirement is put forth by the employer and
sponsor that reflects industry standards and
the relative hazards of the occupation, and is
accepted by the Secretary and registration
agency;
``(ii) a competency-based model, which
requires the attainment of competency in the
occupation; or
``(iii) a hybrid model, which blends the
time-based and competency-based approaches.
``(F) The methods used to measure an apprentice's
skills and competencies, which may include an initial
diagnostic assessment or assessment of credentials that
verify an individual's foundational knowledge and
skills that would be needed to succeed in an
apprenticeship program, and which shall include--
``(i) in the case of a time-based
apprenticeship described in subparagraph
(E)(i), the individual apprentice's completion
of the required hours of on-the-job learning as
described in a work process schedule; or
``(ii) in the case of a competency-based
model described in subparagraph (E)(ii), the
individual apprentice's successful
demonstration of acquired skills and knowledge
through appropriate means of testing and
evaluation for such competencies, and by
requiring apprentices to complete a paid on-
the-job learning component of the
apprenticeship;
``(iii) in the case of a hybrid
apprenticeship described in subparagraph
(E)(iii), a combination of a specified minimum
number of hours of on-the-job learning and the
successful demonstration of competency, as
described in subparagraph (E)(i) and a work
process schedule.
``(2) The program equally grants advanced standing or credit
to all individuals applying for the apprenticeship with
demonstrated competency or acquired experience, training, or
skills, and provides commensurate wages for any progression in
standing or credit so granted, including for veterans' service-
acquired skills and experiences.
``(3) The program has minimum qualifications for individuals
desiring to enter the apprenticeship program, with an eligible
starting age for an apprentice of not less than 16 years.
``(4) In the case of a program that chooses to issue an
interim credential, the program--
``(A) clearly identifies each interim credential;
``(B) only issues an interim credential for
recognized components of an apprenticeable occupation
and demonstrates how each interim credential
specifically links to the knowledge, skills, and
abilities associated with such components; and
``(C) establishes the process for assessing an
individual apprentice's demonstration of competency and
measurable skill gains associated with the particular
interim credential.
``(c) Pre-apprenticeship Program Standards.--In addition to the
standards described in subsection (e), a pre-apprenticeship program
shall meet the following standards:
``(1) The program is designed to assist individuals who do
not meet minimum qualifications for an apprenticeship program
as described in subsection (b) and prepare them to enter and
succeed in such an apprenticeship programs, including by
providing the skills and competency attainment needed to enter
the apprenticeship program.
``(2) The program--
``(A) is carried out by a sponsor that has a written
agreement with at least one sponsor of an
apprenticeship program;
``(B) demonstrates the existence of an active,
advisory partnership with an industry or sector
partnership to inform the training and education
services necessary for a pre-apprenticeship program;
``(C) demonstrates evidence of sufficient demand in
an apprenticeship program at the completion of a pre-
apprenticeship program to support a transition from a
pre-apprenticeship to an apprenticeship; and
``(D) demonstrates partnerships with qualified
intermediaries, community-based organizations, labor
organizations, or joint labor-management organizations.
``(3) The program includes a written plan developed by the
sponsor that is reviewed and approved by the sponsor to the
agreement with the sponsor of an apprenticeship program, that--
``(A) provides for work-based learning, and paid
work-based learning to the extent practicable, in which
an industry or sector partnership and a related
instruction provider collaborate to provide training
that will introduce participants to the skills,
competencies, and materials used in one or more
apprenticeable occupations;
``(B) is based on and aligned with national, State,
regional, or local industry standards for high-skill,
high-wage, or in-demand industry sectors and
occupations, and the requirements of the related
apprenticeship program;
``(C) to the extent appropriate and practicable,
meets the related instruction requirements as described
in clauses (ii) through (iv) of subsection (b)(1)(C)
that includes enabling an individual to attain a
secondary school diploma or its recognized equivalent
that enables a pre-apprentice to enter into an
apprenticeship program; and
``(D) includes mentoring, career exposure, career
planning, and career awareness activities.
``(d) Youth Apprenticeship Program Standards.--In addition to the
standards described in subsection (e), a youth apprenticeship program
shall meet the following standards:
``(1) The program is designed for youth apprentices who at
the start of the program are enrolled in high school.
``(2) The program includes each of the following core
elements:
``(A) The employment and training to be received by
each youth apprentice participating in the program,
including--
``(i) an outline of the work processes or the
plan in which the youth apprentice will receive
supervised work experience and on-the-job
training or in an experiential setting;
``(ii) the allocation of the approximate
amount of time that will be spent in each major
work process by the youth apprentice;
``(iii) a description of the mentoring that
will be provided to the youth apprentice; and
``(iv) a description or timeline explaining
the periodic reviews and evaluations of the
youth apprentice's performance on the job and
in related instruction.
``(B) A process for maintaining appropriate progress
records, including the reviews and evaluations
described in subparagraph (A)(iv).
``(C) Related classroom-based instruction, which may
be fulfilled through dual or concurrent enrollment,
and--
``(i) is, to the extent practicable, aligned
with high school diploma requirements and
career clusters; and
``(ii) meets the additional requirements as
described in subsection (b)(1)(C).
``(D) A progressively increasing, clearly defined
schedule of wages to be paid to the youth apprentice.
``(E) The term of the youth apprenticeship program,
as described in subsection (b)(1)(E).
``(F) For a competency-based or hybrid youth
apprenticeship program, the methods used to measure
skill acquisition for a youth apprentice, including
ongoing assessment against established skill and
competency standards as described in subsection
(b)(1)(F).
``(G) Prepares the youth apprentice for placement in
further education, employment, or an apprenticeship
program.
``(3) The program equally grants advanced standing or credit
to all individuals applying for the youth apprenticeship with
demonstrated competency or acquired experience, training, or
skills.
``(4) In the case of a youth apprenticeship program that
chooses to issue an interim credential, the program meets the
requirements of subsection (b)(4).
``(e) General Requirements.--Each program under the national
apprenticeship system shall meet the following standards:
``(1) The program--
``(A) has adequate and safe equipment, environments,
and facilities for training and supervision;
``(B) provides safety training on-the-job and in
related instruction as applicable by the apprenticeable
occupation; and
``(C) provides adequate training for mentors and
qualified instructors on providing a safe work and
training environment.
``(2) The program records and maintains all records
concerning the program as may be required by the Secretary, the
registration agency of the program, or any other applicable
law, including records required under title 38, United States
Code, in order for veterans and other individuals eligible for
educational assistance under such title to use such assistance
for enrollment in the program.
``(3) The program provides all individuals with an equal
opportunity to participate in the program as described in
subparagraphs (B) and (C) of section 111(b)(7).
``(4) The program awards a certificate of completion in
recognition of successful completion of the program, evidenced
by an appropriate certificate issued by the registration
agency, and in the case of apprenticeships and youth
apprenticeships, prepares a program participant to obtain a
recognized postsecondary credential.
``(5) The program provides that an individual who is to
become a program participant under the program enters into a
written apprenticeship agreement described in section 123 with
the sponsor of the program.
``(6) The numeric ratio of program participants to
supervisors (such as journeyworkers, mentors, or on-the-job
learning instructors, as applicable) for the apprenticeable
occupation, that are based on evidence-based and evidence-
informed best practices for supervision, training, safety, and
continuity of employment, throughout the work processes of the
program, job site, department, or plant, appropriate for the
degree of hazard in different occupations, and consistent with
provisions in collective bargaining agreements, as applicable,
except if such ratios are expressly prohibited by the
collective bargaining agreements.
``SEC. 123. APPRENTICESHIP AGREEMENTS.
``(a) In General.--To ensure the standards described in section 122
are applied to programs under the national apprenticeship system, the
Administrator shall require a sponsor to develop an apprenticeship
agreement that shall--
``(1) be the same for each program participant;
``(2) contain the names and signatures of the program
participant and the sponsor;
``(3) meet the requirements of subsection (b); and
``(4) be submitted to the registration agency in accordance
with section 124 by the program sponsor.
``(b) Standards.--Each agreement under subsection (a) shall contain,
explicitly or by reference, program standards under section 122,
including--
``(1) in the case of an apprenticeship program--
``(A) that is time-based, a statement of the number
of hours to be spent by the program participant in on-
the-job learning and on-the-job training in order to
complete the program;
``(B) that is competency-based, a description of the
skill sets to be attained by completion of the program,
including the on-the-job learning and work components;
or
``(C) that is a hybrid model, the minimum number of
hours to be spent by the program participant in on-the-
job learning and work components and in related
instruction, and a description of the skill sets and
competencies to be attained by completion of the
program;
``(2) the number of hours and form of related instruction,
including how related instruction will be compensated (whether
through academic credit, wages, or both), the costs the program
participant will incur costs for participating in the program
(such as for equipment or related instruction), and the
recognized postsecondary credentials the program participants
will be eligible to receive upon program completion;
``(3) a schedule of the work processes in the occupation or
industry divisions in which the program participant is to be
trained and the approximate time to be spent at each process;
``(4) for apprenticeships or youth apprenticeships, the
graduated wage scale to be paid to the apprentices, benefits
offered to the apprentices, and how the wages and benefits
compare to State, local, or regional wages in the related
occupation; and
``(5) demonstration of commitment to and compliance with
subparagraphs (B) and (C) of section 111(b)(7).
``SEC. 124. REGISTRATION OF PROGRAMS UNDER THE NATIONAL APPRENTICESHIP
SYSTEM.
``(a) Program Registration Application.--In order to bring together
employers and labor for the formulation of programs under the national
apprenticeship system, the Administrator shall provide for the
registration of programs in which a sponsor applying to register a
program under the national apprenticeship system shall request
registration of such program from a registration agency by submitting
the information required by the registration agency, including--
``(1) information demonstrating that each of the requirements
of section 122 will be met for the program;
``(2) a copy of the apprenticeship agreement described in
section 123 used by the sponsor;
``(3) a written assurance that, if the program is registered
under this Act, the sponsor will administer the program in
accordance with the requirements of this Act and comply with
the requirements of the apprenticeship agreement for each
apprentice; and
``(4) methods for reporting quarterly data describing the
outcomes associated with the program as required by the
registration agency.
``(b) Recognition and Registration Process.--
``(1) Review and approval process.--
``(A) Provisional approval review.--An application
submitted under subsection (a) that the registration
agency determines meets the requirements described in
such subsection shall be registered for a provisional
1-year period beginning not later than 30 days after
such application is submitted. During such period, the
registration agency shall accept and record the
apprenticeship agreement as evidence of the program's
compliance and registration to operate such program.
``(B) Full approval or extended provisional
approval.--By the end of a provisional registration
period for a program, the registration agency providing
provisional approval under subparagraph (A) shall
review the program for quality and for compliance with
the applicable standards under this subtitle and all
other applicable program requirements under this Act,
and--
``(i) if a registration agency conducting a
provisional review determines that the program
complies with the standards and requirements
under this Act, the registration agency shall
fully approve the registration of the program;
or
``(ii) if a registration agency conducting a
provisional review determines that the program
is not conforming to the requirements or
standards under this Act, the registration
agency may continue the provisional
registration of the program through the first
full training cycle for program participants,
and conduct an additional provisional review at
the conclusion of the training cycle.
``(C) Failure to meet requirements.--If, after an
initial provisional review under subparagraph (A), a
registration agency conducting such provisional review
determines that the program is not in operation or does
not conform to the requirements under this Act, the
registration agency shall recommend technical
assistance and corrective action for the program, or
deregistration, in accordance with procedures
established under subsections (b) and (c) of section
131.
``(2) Certificate of registration.--
``(A) In general.--A registration agency that
registers a program under paragraph (1) shall--
``(i) provide the sponsor of the program with
a certificate of registration or other written
evidence of registration; and
``(ii) provide a copy of the certificate of
registration to the Secretary of Veterans
Affairs or the applicable State veterans agency
for the purpose of aligning the registration
process with the process for approving such
program for eligible veterans' use of
supplemental educational assistance benefits.
``(B) Registration name.--A program shall be
registered in the name of the sponsor, or if a sponsor
enters into a partnership with an employer who
registers the program, in the name of the employer.
``(3) Program participant registration.--A sponsor providing
a program that is registered in accordance with paragraph (2)
shall provide to an individual seeking to be a program
participant the opportunity to apply through the sponsor, and
shall--
``(A) enter into a written individual apprenticeship
agreement described in section 123 with each such
individual before the commencement of the program; and
``(B) individually register each program participant
with the registration agency by filing a copy of the
individual apprenticeship agreement with the
registration agency or as otherwise required by the
registration agency, and sharing a copy with the
Administrator as appropriate, as described under
section 123(a)(4).
``(4) Transition process for previously approved programs.--
With respect to a program that was registered under this Act as
of the day before the date of enactment of the National
Apprenticeship Act of 2020, the registration agency shall take
such steps as necessary to--
``(A) in the case of a program that meets of the
requirements of this Act, maintain the status of the
sponsor of the program as of the date before such date
of enactment as the sponsor of such program under this
Act; and
``(B) in the case of a program that does not meet the
requirements of this Act, provide technical assistance
to the sponsor of such program to ensure that the
sponsor is in compliance with this Act not later than 3
years after the date of enactment of the National
Apprenticeship Act of 2020.
``(c) Modifications or Changes to Youth Apprenticeship, Pre-
apprenticeship, or Apprenticeship Programs.--
``(1) Sponsor proposal.--Any sponsor that wishes to modify a
program, including the program's method of meeting the
standards required under this Act, shall submit the proposal
for such change or modification to the registration agency for
the program.
``(2) Registration agency requirements.--
``(A) In general.--The registration agency shall
determine whether to approve the proposal and notify
the sponsor of the determination by not later than 60
days after receipt of the proposal.
``(B) Approval of proposal.--If the proposal is
approved, the registration agency shall amend the
record of the program to reflect the modification or
change, and provide the sponsor or program
administrator with an acknowledgment of the amended
program, by not later than 30 days after the date of
approval.
``(C) Disapproval of proposal.--If the proposal is
not approved, the registration agency shall--
``(i) notify the sponsor of the reasons for
the disapproval and provide the sponsor with
technical assistance to maintain the program as
originally registered;
``(ii) provide the sponsor with the
opportunity to submit a revised modification
proposal, including providing appropriate
technical assistance to modify the proposal in
order to meet the requirements of this Act; and
``(iii) in a case in which the sponsor
submits a revised modification proposal, not
later than 60 days after receipt of such
proposal--
``(I) approve the proposal; or
``(II) disapprove the proposal and
provide the sponsor with technical
assistance to maintain the program as
originally registered.
``Subtitle C--Evaluations and Research
``SEC. 131. PROGRAM EVALUATIONS.
``(a) Purpose.--The purpose of this section is to provide program
performance transparency across the programs under the national
apprenticeship system, assess the effectiveness of States in achieving
positive outcomes for program participants served by those programs,
and establish performance accountability measures related to program
completion and key indicators of performance under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
``(b) Reviews by Registration Agencies.--
``(1) Performance reviews.--
``(A) In general.--A registration agency shall--
``(i) annually collect performance data for
each program registered under section 124 by
such agency to determine--
``(I) the performance of the program
with respect to the indicators of
performance under section
116(b)(2)(A)(i) of the Workforce
Innovation and Opportunity Act (29
U.S.C. 3141(b)(2)(A)(i) or in the case
of a youth apprenticeship program,
section 116(b)(2)(A)(ii)) of such Act
(29 U.S.C. 3141(b)(2)(A)(ii)), as
applied to programs under the national
apprenticeship system; and
``(II) the completion rates of the
program; and
``(ii) provide technical assistance for the
collection of the information under clause (i)
of this subparagraph and subparagraph (B), as
necessary.
``(B) Reports.--The registration agency for a State
shall annually prepare and submit to the Administrator
a State performance report that includes the following
information with respect to each program registered
under section 124 by such agency, including--
``(i) information specifying the levels of
performance described in subparagraph (A), as
compared to goals set in section
113(c)(8)(A)(i);
``(ii) the percentage of program participants
by race, sex ethnicity and, to the extent
practicable, by individuals with disabilities,
as compared to such percentages within the
working age population who are in the
geographical area from which the sponsor
usually seeks or reasonably could seek program
participants and who meet the minimum
eligibility requirements for entry into in the
program;
``(iii) the percentage of program
participants served by each of the programs
that obtained unsubsidized employment in a
field related to the apprenticeable occupation;
``(iv) the average time to completion for the
program as compared to the description in the
agreement under paragraphs (1) and (2) of
section 123(b);
``(v) the average cost per participant during
the most recent program year and the 3
preceding program years;
``(vi) the percentage of program participants
who received supportive services;
``(vii) information on the State's activities
required under section 113(c), including the
State's uses of funds; and
``(viii) the disaggregation of the
performance data described in clauses (i)
through (vi)--
``(I) by the program type
(apprenticeship, youth apprenticeship,
or pre-apprenticeship program)
involved; and
``(II) by race, ethnicity, sex, age,
and membership in a population
specified in section 3(24) of the
Workforce Innovation and Opportunity
Act (29 U.S.C. 3102(24)).
``(C) Reports to congress.--Not later than 60 days
after receiving a report under subparagraph (B), the
Secretary shall transmit to the Committee on Education
and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate.
``(D) Publication.--The Administrator shall annually
make available on a publicly accessible website each
report received under subparagraph (B) not later than
30 days after receipt of such report.
``(2) Comprehensive program reviews.--
``(A) In general.--A registration agency shall
periodically review each program registered under
section 124 by such agency for quality assurance and
compliance with the requirements of this Act.
``(B) Timing of reviews.--A review described in
subparagraph (A) shall occur--
``(i) at the end of the first full training
cycle of program participants under the
program; and
``(ii) beginning after the review described
in clause (i) at least once every 5 years.
``(C) Review.--The review shall be a comprehensive
review regarding all aspects of the program
performance, including--
``(i) determining whether the registration
agency is receiving notification from the
sponsor of a program regarding individuals who
are registered as new youth apprentices, pre-
apprentices, or apprentices under the program,
or who successfully complete the program, as
required under this Act;
``(ii) determining whether the sponsor of the
program is complying with the requirements of
this Act;
``(iii) evaluating the performance of the
sponsor with respect to, at a minimum, the
indicators described in paragraph (1)(A)(i),
with the performance data disaggregated as
described in paragraph (1)(B)(viii); and
``(iv) ensuring the sponsor's compliance with
the requirement to provide equal opportunity in
recruitment, training, and employment as
described in subparagraphs (B) and (C) of
section 111(b)(7).
``(D) Reports.--On completion of a review under this
paragraph, the registration agency shall prepare and
submit to the Administrator a report containing the
results of the review.
``(c) Subsequent Action.--
``(1) Technical assistance.--The registration agency shall
provide technical assistance to the sponsor and identify areas
that require technical assistance, including--
``(A) to support the sponsor in creating a plan to
meet the State goals described in section
113(c)(8)(A)(ii), as applicable; and
``(B) assistance in the development of a performance
improvement plan if the registration agency determines,
pursuant to any review under subsection (b), that the
youth apprenticeship, pre-apprenticeship, or
apprenticeship program--
``(i) is not in operation;
``(ii) is not in compliance with the
requirements of this Act; or
``(iii) is achieving levels of performance on
any indicators described in subsection
(b)(1)(A)(i) that are lower than the State
goals for any program year.
``(2) Corrective action and deregistration of an
apprenticeship program.--The registration agency may take
corrective action, and if warranted, deregister a youth
apprenticeship, pre-apprenticeship, or apprenticeship program,
after making a determination that the program demonstrates
persistent and significant failure to perform successfully,
which occurs when--
``(A) the sponsor of the program consistently fails
to register at least 1 program participant;
``(B) the program shows a pattern of poor results on
the indicators described in subsection (b)(1)(A)(i)
over a period of 3 years, given the characteristics of
program participants and economic conditions in the
area served, or are lower than the national or State
average;
``(C) the program shows no indication of improvement
in the areas identified by the registration agency and
in the performance improvement plan under paragraph
(1); or
``(D) the sponsor has not administered the program in
accordance with the program's registration, as
applicable, or with the requirements of this Act.
``(3) Notification and hearing.--If the registration agency
makes a determination described in paragraph (2), the
registration agency shall notify the Secretary and the sponsor
of the determination in writing, and permit the sponsor to
request a hearing by the Office of Administrative Law Judges.
The registration agency shall transmit to the Secretary a
report containing all pertinent facts and circumstances
concerning the determination, including findings and a
recommendation for deregistration, and copies of all relevant
documents and records. If the sponsor does not request the
hearing not later than 15 days after receiving such
notification, the registration agency shall deregister the
program after the period for requesting such a hearing has
expired.
``(4) Notification and treatment of apprentices.--Not later
than 15 days after the registration agency deregisters a
program, the sponsor or program administrator shall notify
program participant--
``(A) of such deregistration and the effective date;
``(B) that such deregistration automatically deprives
the program participant of individual registration as
part of such youth apprenticeship, pre-apprenticeship,
or apprenticeship program, including the ability to
receive a certificate of completion from the
registration agency;
``(C) that the deregistration of the program removes
the program participant from eligibility for any
Federal financial or other assistance, or rights,
privileges, or exemptions under Federal law, that--
``(i) relates to an apprentice; and
``(ii) requires the registration agency's
approval; and
``(D) that all youth apprentices, pre-apprentices, or
apprentices are referred to the registration agency for
information about potential transfers to other programs
under the national apprenticeship system.
``SEC. 132. NATIONAL APPRENTICESHIP SYSTEM RESEARCH.
``(a) Research.--The Secretary shall conduct, through an independent
entity, research for the purpose of improving the management and
effectiveness of the programs and activities carried out under this Act
and to assist in the evaluation of the programs as described in section
131.
``(b) Techniques.--The research conducted under this section shall
utilize appropriate methodology and research designs.
``(c) Contents.--Such research shall address--
``(1) the general effectiveness of such programs and
activities in relation to their cost, including the extent to
which the programs and activities--
``(A) improve the skill and employment competencies
of participants in comparison to comparably-situated
individuals who did not participate in such programs
and activities;
``(B) to the extent feasible, increase the levels of
total employment, of attainment of recognized
postsecondary credentials, and of measurable skills,
above the levels that would have existed in the absence
of such programs and activities;
``(C) respond to the needs reflected in labor market
data in the local area and align with high-skill, high-
wage, or in-demand industries or occupations; and
``(D) demonstrate a return on investment of Federal,
State, local, sponsor, employer, and other funding for
programs under the national apprenticeship system,
capturing the full level of investment in, and impact
of, such programs under the national apprenticeship
system;
``(2) the impact of the National Apprenticeship Act of 2020
on the general effectiveness of programs under the national
apprenticeship system, including the implementation of policies
such as dual or concurrent enrollment programs, advanced
standing, or industry recognized apprenticeable occupations;
``(3) best practices in increasing nontraditional
apprenticeship populations' participation in programs under the
national apprenticeship system; and
``(4) opportunities to scale up effective models under the
national apprenticeship system.
``(d) Reports.--
``(1) Independent entity.--The independent entity carrying
out the research shall prepare and submit to the Secretary--
``(A) an interim report containing findings from the
research; and
``(B) a final report containing the results of the
research, including policy recommendations.
``(2) Reports to congress.--Not later than 60 days after
receipt of the interim report and final report described in
subparagraphs (A) and (B) of paragraph (1), respectively, the
Secretary shall submit each report to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate.
``(e) Public Access.--The Secretary shall make the interim and final
reports available on a publicly accessible website not later than 60
days after the receipt of the interim and final report.
``Subtitle D--General Provisions
``SEC. 141. AUTHORIZATION OF APPROPRIATIONS.
``(a) Office of Apprenticeship.--There are authorized to be
appropriated to carry out sections 111 and 112--
``(1) $50,000,000 for fiscal year 2021;
``(2) $60,000,000 for fiscal year 2022;
``(3) $70,000,000 for fiscal year 2023;
``(4) $80,000,000 for fiscal year 2024; and
``(5) $90,000,000 for fiscal year 2025.
``(b) Interagency Agreement.--There are authorized to be appropriated
to carry out section 114--
``(1) $10,000,000 for fiscal year 2021;
``(2) $12,000,000 for fiscal year 2022;
``(3) $14,000,000 for fiscal year 2023;
``(4) $16,000,000 for fiscal year 2024; and
``(5) $18,000,000 for fiscal year 2025.
``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE
21ST CENTURY GRANTS
``SEC. 201. GRANT REQUIREMENTS.
``(a) Authority.--
``(1) In general.--The Administrator shall award grants,
contracts, or cooperative agreements to eligible entities on a
competitive basis for one or more of the following purposes:
``(A) Creation and expansion activities.--To expand
the offerings of programs under the national
apprenticeship system--
``(i) to create new apprenticeship programs
in a nontraditional apprenticeship industry or
occupation, such as for programs demonstrating
demand in information technology, energy, green
jobs, advanced manufacturing, health care, or
cybersecurity;
``(ii) to expand existing apprenticeship
programs demonstrating labor market demand;
``(iii) to create new or expand existing pre-
apprenticeship programs; or
``(iv) to create new or expand existing youth
apprenticeship programs.
``(B) Encouraging employer participation.--To
encourage employer participation in programs under the
national apprenticeship system--
``(i) that target individuals with barriers
to employment in youth apprenticeship, pre-
apprenticeship, or apprenticeship programs,
prioritizing nontraditional apprenticeship
populations such as women, minorities, long-
term unemployed, individuals with a disability,
individuals with substance abuse issues,
veterans, military spouses, individuals
experiencing homelessness, individuals impacted
by the criminal or juvenile justice system, and
foster and former foster youth;
``(ii) that are in high-need social service-
related industries, sectors, or occupations,
such as direct care workers and early childhood
educators;
``(iii) that target individuals currently or
recently incarcerated; or
``(iv) among small- and medium-sized
employers.
``(C) Intermediary grants.--If the eligible entity is
a qualified intermediary--
``(i) to support national industry and equity
intermediaries in establishing or expanding
sector-based partnerships to support the
delivery or expansion of programs under the
national apprenticeship system to significant
scale in the United States--
``(I) in key sectors, including
manufacturing, information technology,
cyber security, health care, insurance
and finance, energy, hospitality,
retail, construction, and other sectors
identified by the Administrator and the
Advisory Committee as targeted for
expansion under the national
apprenticeship system; or
``(II) for nontraditional
apprenticeship populations, women,
minorities, individuals with
disabilities, and individuals impacted
by the criminal or juvenile justice
system; or
``(ii) to serve programs under the national
apprenticeship system in a local or regional
setting.
``(D) Educational alignment.--To strengthen alignment
between programs under the national apprenticeship
system and education and training providers with
secondary and postsecondary education systems,
including degree and credential requirements.
``(2) Duration.--
``(A) In general.--The Administrator shall award
grants under this subsection for a period of not more
than 3 years.
``(B) Extension.--The eligible entity may apply for,
and the Administrator may grant, an extension of the
grant period for not more than 1 additional 2-year
period, if the grant recipient demonstrates to the
Administrator that the recipient--
``(i) has effectively implemented a project
to achieve its stated purpose as described in
subsections (e) and (f);
``(ii) has complied with the assurances as
described in subsection (e)(9); and
``(iii) has improved applicable outcomes, as
demonstrated through indicators referred to in
section 203(a)(2).
``(b) Funding Requirements.--
``(1) Matching funds required.--The Administrator shall
require, as a condition of receipt of funds under this section,
an eligible entity to match funds awarded under this section in
an amount not less than 25 percent of the funds awarded to such
recipient under this section. Such eligible entity may make the
matching funds available directly or through donations from
non-Federal, public, or private organizations, in cash or in
kind, fairly evaluated.
``(2) Waiver.--The Administrator may waive the requirement
under paragraph (1) if the entity demonstrates that exceptional
circumstances prevent the entity from meeting the requirement,
such as demonstrating that the entity serves a high proportion
of individuals with barriers to employment, or due to
exceptional or uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the eligible entity.
``(c) Priority and Distribution.--
``(1) Priority.--In awarding grants under this section, the
Administrator shall give priority to an eligible entity--
``(A) proposing to serve a high number or high
percentage of participants who are from nontraditional
apprenticeship populations; and
``(B) providing opportunities in high-wage, high-
skill, or in-demand sectors and occupations.
``(2) Geographic distribution.--In awarding grants under this
subsection, the Administrator shall, to the extent practicable,
ensure a geographically diverse distribution of grants,
including a geographically diverse distribution among regions
of the country and among urban, suburban, and rural areas.
``(d) Eligible Entity.--To be eligible to apply for grants under this
title, an eligible entity shall--
``(1) demonstrate a partnership with two or more of the
following:
``(A) a State or local workforce development board or
State or local workforce agency;
``(B) an education and training provider, or a
consortium thereof;
``(C) a State apprenticeship agency;
``(D) an Indian Tribe or Tribal organization;
``(E) an industry or sector partnership, a group of
employers, a trade association, or a professional
association that sponsors or participates in a program
under the national apprenticeship system;
``(F) a Governor;
``(G) a labor organization or joint-labor management
organization;
``(H) community-based organizations that assist
program participants in accessing supportive services;
or
``(I) a qualified intermediary; and
``(2) to the extent practicable, be part of an industry or
sector partnership.
``(e) General Application Requirements.--An eligible entity applying
for a grant under this section shall submit to the Administrator a
description of each of the following:
``(1) Each purpose under subsection (a) for which the
applicant intends to use such grant.
``(2) Each entity with which the eligible entity is partnered
or engaged under subsection (d) and the role of each such
entity in carrying out activities funded under this subsection.
``(3) The ability of the applicant, directly or through
partners--
``(A) to enroll, instruct, advance, and graduate
program participants served by the grant activities,
and enable the participants to gain employment after
program completion;
``(B) to support (including by providing technical
assistance) program sponsors and employers (especially
small- and medium-sized businesses) in the creation of,
recruitment for, and execution of programs under the
national apprenticeship system; and
``(C) to provide opportunities to rural communities,
as applicable.
``(4) A labor market analysis with respect to the geographic
area of service that demonstrates--
``(A) the need to create or expand the program; and
``(B) a plan to align the activities supported by the
grant with the labor market needs of high-skill, high-
wage, or in-demand industry sectors or occupations.
``(5) A plan--
``(A) to comply with requirements for an evaluation
and report under section 203;
``(B) as appropriate, to coordinate activities
assisted under the grant with activities carried out
under the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.), the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.), the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.), and any
related Federal programs and if appropriate, how funds
provided under these programs will be leveraged in
support of the programs supported by this grant;
``(C) to use funds awarded under this section in
support of the programs supported by this grant, as
described in section 202;
``(D) to continue the program after the grant period
ends; and
``(E) to recruit and retain program participants for
pre-apprenticeship, youth apprenticeship, and
apprenticeship programs, including from nontraditional
apprenticeship populations, such as women, minorities,
individuals with disabilities, individuals impacted by
the criminal or juvenile justice system, and
individuals with barriers to employment, to ensure
program participants are able to access supportive
services, as applicable, and how such plan will support
the eligible entity in meeting the equal opportunity
requirements for diversity described in subparagraphs
(B) and (C) of section 111(b)(7) and section 113(c)(5),
as applicable.
``(6) For any grants expanding existing programs under the
national apprenticeship system, a description of--
``(A) a plan to coordinate the activities carried out
under the grant with the existing program; and
``(B) the effectiveness of the program, including
demonstrations of programmatic components such as
program costs to employers and to program participants,
completion and placement rates, credential attainment,
diversity in populations served, the effectiveness of
the program in increasing participant's wages and
benefits, or services provided to employers and program
participants.
``(7) A description of potential program participants and
strategies to support the recruitment, retention, and
completion of such participants, including nontraditional
apprenticeship populations and individuals with barriers to
employment, to the extent practicable.
``(8) A description of strategies to recruit and support
employers involved in programs under the national
apprenticeship system.
``(9) An assurance that the eligible entity will--
``(A) provide information to the Administrator, as
requested, for any such evaluations as the
Administrator may carry out;
``(B) make program performance outcome data available
(in accordance with applicable data privacy laws,
including section 444 of the General Education
Provisions Act (20 U.S.C. 1232g) and section 4 of this
Act) to independent evaluators to enable the evaluators
to prepare the evaluations and research reports
described in section 203(a)(1); and
``(C) coordinate grant activities with a State
Apprenticeship Agency, if such agency exists in the
State where the eligible entity is applying for a grant
or carrying out activities.
``(f) Additional Application Requirements.--The Administrator shall
require an eligible entity applying for a grant under this title to
include as part of their application in subsection (e) the following
information, as applicable:
``(1) Creation and expansion activities.--
``(A) New apprenticeship programs.--An eligible
entity applying to create new apprenticeship programs
and carry out activities in accordance with subsection
(a)(1)(A)(i) shall include as part of their application
a description of--
``(i) any plans for further expansion upon
development of the program; and
``(ii) employers, and to the extent
practicable, labor organizations or joint
labor-management organizations, engaged in the
program creation and implementation.
``(B) Expanding apprenticeship programs.--An eligible
entity applying to expand existing apprenticeship
programs and carry out activities in accordance with
subsection (a)(1)(A)(ii) shall include as part of their
application a description of employers engaged in the
program expansion.
``(C) Creating or expanding pre-apprenticeship
programs.--An eligible entity applying to create or
expand pre-apprenticeship programs and carry out
activities in accordance with subsection (a)(1)(A)(iii)
shall include as part of their application a
description of--
``(i) a partnership between the eligible
entity and at least one apprenticeship program;
and
``(ii) existing partnerships with employers
acting in either an advisory capacity or
actively participating in the pre-
apprenticeship program.
``(D) Creating or expanding youth apprenticeship
programs.--An eligible entity applying to create or
expand youth apprenticeship programs and carry out
activities in accordance with subsection (a)(1)(A)(iv)
shall include as part of their application a
description of--
``(i) an existing partnership with at least
one high school offering related instruction
for the youth apprenticeship program, with
existing integration into the academic content
of the high school diploma requirements, or
with demonstrated plans for integration of
related instruction into the high school
curriculum; and
``(ii) existing partnerships with employers
acting in either an advisory capacity or
actively participating in the youth
apprenticeship program.
``(2) Encouraging employer participation.--
``(A) Individuals with barriers to employment.--An
eligible entity applying to target individuals with
barriers to employment for apprenticeship, youth
apprenticeship, or pre-apprenticeship programs and
carry out activities in accordance with subsection
(a)(1)(B)(i) shall include as part of their application
a description of--
``(i) specific strategies to target both
individuals with barriers to employment and
employers for participation in the program; and
``(ii) partnerships with organizations that
assist program participants in accessing
supportive services to support recruitment,
retention, and completion of the program by
program participants.
``(B) High-need social service-related industries.--
An eligible entity applying to offer pre-
apprenticeship, youth apprenticeship, or apprenticeship
programs in high-need social service-related
industries, sectors, or occupations and carry out
activities in accordance with subsection (a)(1)(B)(ii)
shall include as part of their application a
description of wages and benefits offered to program
participants.
``(C) Individuals currently or recently
incarcerated.--An eligible entity applying to target
individuals currently or recently incarcerated and
establish or carry out pre-apprenticeship programs and
apprenticeship programs in accordance with subsection
(a)(1)(B)(iii) shall include as part of their
application a description of--
``(i) a plan to assist the program
participants in obtaining the documentation and
work authorization necessary to participate in
such program;
``(ii) partnerships with organizations that
will assist program participants in accessing
activities to improve financial literacy and
supportive services;
``(iii) how the assessments used to support
the placement of potential program participants
into a program accurately reflect the
participants' skills and competencies;
``(iv) a plan to provide information about
resources to program participants to address
mental health or substance abuse issues;
``(v) partnerships with organizations that
support--
``(I) the transition from
incarceration to re-entry, such as
assistance with housing,
transportation, and legal services; and
``(II) successful completion of an
apprenticeship or pre-apprenticeship
program;
``(vi) wages and benefits offered to program
participants that are commensurate with wages
for similar work in the State or local area, as
allowable; and
``(vii) alignment and necessary supports to
comply with and receive the benefits of the
Federal Bonding Program and the Prison Industry
Enhancement Certification Program for employers
participating in apprenticeship programs.
``(D) Small- and medium-sized employers.--An eligible
entity applying to engage small- and medium-sized
employers and carry out activities in accordance with
subsection (a)(1)(B)(iv) shall include as part of their
application a description of demonstrated success in
engaging small- and medium-sized employers and the
ability to recruit new employers to participate in
related partnerships or programs, such as small
businesses owned or controlled by women, minorities, or
veterans.
``(3) Intermediary grants.--
``(A) Supporting national industry and equity
intermediaries.--An eligible entity applying to carry
out activities in accordance with subsection
(a)(1)(C)(i) shall include as part of their application
a description of the ability of such entity to convene
a diverse group of industry specific stakeholders for
the purposes of developing or expanding programs,
including employers, workforce development
organizations, industry associations, labor groups
(including joint labor-management organizations), and
education and training providers at a national level or
with national reach.
``(B) Serving programs in a local or regional
setting.--An eligible entity applying to carry out
activities in accordance with subsection (a)(1)(C)(ii)
shall include as part of their application a
description of how such entity will--
``(i) engage employers, especially small- and
medium-sized businesses, in the formation or
ongoing development of industry or sector
partnerships and programs in the national
apprenticeship system;
``(ii) identify the industry or sector
partnerships that will be served, and
demonstrate alignment to high-skill, high-wage,
or in-demand industry sectors or occupations;
``(iii) leverage additional resources,
including funding provided by Federal and non-
Federal resources; and
``(iv) provide services to program sponsors
and program participants.
``(4) Educational alignment.--An eligible entity applying to
carry out activities in accordance with subsection (a)(1)(D)
shall include as part of their application a description of--
``(A) a demonstration of a partnership with--
``(i)(I) no less than three sponsors or
employers; or
``(II) an industry or sector partnership; and
``(ii) at least 1 of the following--
``(I) an educational service agency;
``(II) a high school;
``(III) a local educational agency;
``(IV) State educational agency;
``(V) an Indian Tribe, Tribal
organization, Tribal educational
agency, Tribally controlled college or
university, or Tribally controlled
postsecondary career and technical
institution, as applicable;
``(VI) a postsecondary educational
institution; or
``(VII) a State higher education
agency; and
``(B) a commitment to establishing or expanding the
alignment of the related instruction to--
``(i) the requirements for a high school
diploma, which may be fulfilled through a dual
or concurrent enrollment program; or
``(ii) the requirements for a recognized
postsecondary credential, including the degree
requirements for an associate's or bachelor's
degree.
``SEC. 202. USES OF FUNDS.
``(a) General Activities.--An eligible entity applying for any grant
activity under section 201(a)(1)--
``(1) shall use at least 5 percent of the grant funds to
provide direct financial assistance to apprentices, pre-
apprentices, or youth apprentices through emergency grants to
support their financial needs to enter, remain enrolled in, and
complete such program, such as support for the related costs of
supplies and equipment, courses, transportation, child care,
and housing; and
``(2) may use funds for any of the following activities:
``(A) To establish or expand partnerships with
organizations that provide program participants access
to financial planning, mentoring, and supportive
services that are necessary to enable an individual to
participate in and complete a program under the
national apprenticeship system.
``(B) To conduct outreach and recruitment activities,
including assessments of potential participants for,
and enrollment of participants in, a program under the
national apprenticeship system.
``(C) To conduct outreach, engagement, recruitment,
and coordination of activities with employers, industry
associations, labor and joint labor-management
organizations, qualified intermediaries, education and
training providers, State or local workforce agencies,
potential sponsors, community-based organizations,
communities with high numbers or percentages of
nontraditional apprenticeship populations, small- and
medium-sized businesses, or rural communities to
establish or expand industry or sector partnerships and
opportunities under the national apprenticeship system.
``(D) To carry out grant requirements, including
program evaluation and reporting requirements.
``(E) To conduct any activities as described in the
application that would advance the purposes of the
grant.
``(F) To support the transition to virtual or remote
learning or training, as necessary and as approved by
the registration agency.
``(b) Additional Uses of Funds.--
``(1) Creation or expansion activities.--
``(A) Apprenticeship program creation.--An eligible
entity that receives funds under section
201(a)(1)(A)(i) shall use such funding to create and
implement an apprenticeship program, which may
include--
``(i) creating and providing training and
related instruction based on employer
engagement;
``(ii) applying apprenticeship frameworks as
described in section 111(b)(5)(C) to the State
or local labor market and employer needs; or
``(iii) aligning the new program with
existing apprenticeship programs.
``(B) Apprenticeship program expansion.--An eligible
entity that receives funds under section
201(a)(1)(A)(ii) shall use such funds to expand an
existing apprenticeship program, which may include--
``(i) expanding and enhancing related
instruction;
``(ii) conducting outreach to and engagement
with employers for the purposes of program
expansion, including creation of new or
expansion of existing industry or sector
partnerships;
``(iii) preparing additional instructors or
mentors needed for program expansion;
``(iv) building awareness of apprenticeship
program opportunities for State or local
workforce development, education, and economic
development entities; and
``(v) providing commensurate wages to wages
for on-the-job training for program
participants during related instruction, as
applicable.
``(C) Pre-apprenticeship programs.--An eligible
entity that receives funds under section
201(a)(1)(A)(iii) shall use such funds to create a new
pre-apprenticeship program or expand an existing pre-
apprenticeship program, which may include--
``(i) coordinating pre-apprenticeship program
activities with an apprenticeship program in a
high-skill, high-wage, or in-demand industry
sector or occupation, including the creation or
expansion of work-based learning opportunities,
and articulation agreements for those who
successfully complete a pre-apprenticeship to
earn academic credit and enroll in an
apprenticeship program;
``(ii) creating, expanding, or integrating
related instruction and work-based learning,
which may include training in the workplace and
supporting partnerships to create opportunities
for pre-apprentices to earn credit at a
postsecondary educational institution for
skills and competencies acquired during the
pre-apprenticeship program;
``(iii) providing participants with career
exploration and career planning activities and
with exploration of postsecondary opportunities
including apprenticeship programs;
``(iv) with respect to participants without a
high school diploma or a generally recognized
equivalent, paying the costs affiliated with
acquiring such equivalent, and the costs of any
related assessments of potential pre-
apprentices or active pre-apprentices,
including those that would verify the
attainment of foundational knowledge and skills
necessary to succeed in an apprenticeship
program;
``(v) development or expansion of
partnerships with organizations that assist
program participants in accessing supportive
services, which may include the 12-month period
after the conclusion of a pre-apprenticeship
program;
``(vi) providing commensurate wages to the
linked apprenticeship program for pre-
apprentices as they participate in and complete
the pre-apprenticeship program, as appropriate;
``(vii) paying the cost of related
instruction associated with the pre-
apprenticeship program, as appropriate; or
``(viii) creating or expanding industry or
sector partnerships to support the pre-
apprenticeship program and to provide
additional opportunities to the pre-
apprentices.
``(D) Youth apprenticeship programs.--An eligible
entity that receives funds under section
201(a)(1)(A)(iv) shall use such funds to create a new
youth apprenticeship program or expand an existing
youth apprenticeship program, which may include--
``(i) paying for the costs associated with
curriculum development and alignment of that
curriculum with recognized postsecondary
credentials including industry-recognized
credentials, high school graduation
requirements, and related instruction,
including curriculum development for dual or
concurrent enrollment;
``(ii) providing employers, and to the extent
practicable, labor organizations and joint
labor management organizations, technical
assistance to support the participation of
youth apprentices under the age of 18;
``(iii) integrating work-based and academic
learning, which may include training in the
workplace;
``(iv) providing career exploration and
career planning activities, including
exploration of postsecondary opportunities such
as apprenticeship programs;
``(v) providing technical assistance to
support the participation of small- and medium-
sized businesses in youth apprenticeship
programs;
``(vi) developing or expanding partnerships
with organizations that assist program
participants in accessing supportive services,
which may include the 12-month period after the
conclusion of such a youth apprenticeship
program; or
``(vii) providing teachers, career guidance
and academic counselors, school leaders,
administrators, specialized instructional
support personnel, and paraprofessionals with
professional development opportunities to build
an understanding of apprenticeship
opportunities available to students, including
experiential opportunities like externships.
``(2) Incentive funds.--
``(A) Barriers to employment.--An eligible entity
that receives funds under section 201(a)(1)(B)(i) shall
use such funds to encourage employer participation in
programs under the national apprenticeship system that
target individuals with barriers to employment, which
may include--
``(i) providing financial assistance to
employers to support costs related to the
programs, such as training incumbent workers
for participation as mentors or employees
supervising the on-the-job learning;
``(ii) supporting the cost of related
instruction or wages for program participants
during related instruction; and
``(iii) establishing or expanding
partnerships with organizations that assist
program participants in accessing supportive
services to support recruitment, retention, and
completion, including providing supplies and
equipment necessary to begin a program under
the national apprenticeship system.
``(B) High-need social service-related industries.--
An eligible entity that receives funds under section
201(a)(1)(B)(ii) shall use such funds to incentivize
employer participation in programs under the national
apprenticeship system in high need social service-
related industries, sectors, or occupations, which may
include--
``(i) providing financial assistance to
employers to support costs related to the
program, such as training incumbent workers as
mentors, or employees providing on-the-job
training;
``(ii) supporting the cost of related
instruction or wages for program participants
during related instruction;
``(iii) establishing or expanding
partnerships with organizations that assist
program participants in accessing supportive
services to support recruitment, retention, and
completion, including providing supplies and
equipment necessary to begin a program under
the national apprenticeship system; or
``(iv) aligning such program with career
pathways and opportunities for advancement
along such career pathways.
``(C) Individuals impacted by the justice system.--An
eligible entity that receives funds under section
201(a)(1)(B)(iii) shall use such funds to incentivize
employer participation in programs under the national
apprenticeship system that target individuals impacted
by the criminal or juvenile justice system, which may
include--
``(i) providing financial assistance to
employers to support costs related to the
program, such as training incumbent workers as
mentors or employees supervising the on-the-job
learning; or
``(ii) supporting the cost of related
instruction or wages for program participants
during related instruction.
``(D) In-demand industry sector or occupation grants
for small- and medium-sized businesses.-- An eligible
entity that receives funds under section
201(a)(1)(B)(iv) shall use such funds to encourage
participation of small- and medium-sized businesses in
programs under the national apprenticeship system,
which may include--
``(i) providing financial assistance to
employers to support costs related to the
program, such as training incumbent workers as
mentors or employees supervising the on-the-job
learning;
``(ii) supporting the cost of related
instruction or wages for program participants
during related instruction;
``(iii) providing technical assistance to
small- and medium-sized businesses on the
program registration process and leveraging
other available funds to support carrying out
programs supported by this grant; or
``(iv) establishing or expanding partnerships
to support program development or expansion,
including establishing or expanding industry or
sector partnerships to ensure inclusion of
small- and medium-sized businesses.
``(3) Intermediary grants.--
``(A) National industry and equity intermediaries.--
An eligible entity that receives funds under section
201(a)(1)(C)(i) shall use such funds to carry out
activities at a national and regional level to support
the promotion and expansion of industry or equity
intermediaries, which may include--
``(i) creating partnerships and leveraging
collaborations with employers, workforce
development organizations, industry
associations, labor organizations, and
education and training providers to help
multiple employers make education and training
more affordable and accelerate the expansion of
programs under the national apprenticeship
system nationwide;
``(ii) assisting employers in expanding
programs, starting new programs, and working
together to create a pipeline of skilled
workers;
``(iii) increasing the participation and
completion of nontraditional apprenticeship
populations in programs under the national
apprenticeship system, which may include--
``(I) supporting the development,
implementation, and scaling of plans
and practices; and
``(II) identifying, developing, and
disseminating effective program tools
and strategies;
``(iv) providing national activities to
increase awareness and access to programs,
including strategic marketing and outreach,
technology improvements, and innovations that
make it easier for employers to start programs
and for individuals to connect with program
opportunities;
``(v) developing and disseminating training
or related instruction associated with the
program or for curriculum improvements that
align with the requirements of the program and
learning assessments; or
``(vi) providing industry employees or
potential employees with a clear understanding
of future career paths and the skills needed to
succeed, along with cost effective ways of
acquiring those skills through youth
apprenticeship, pre-apprenticeship, or
apprenticeship programs.
``(B) Local intermediaries.--An eligible entity that
receives funds under section 201(a)(1)(C)(ii) may use
such funds to carry out activities at a local or
regional level to support the promotion and expansion
of programs under the national apprenticeship system,
which may include--
``(i) providing training or related
instruction associated with the programs or for
curriculum improvements that align with the
requirements of the programs and learning
assessments;
``(ii) engaging with local education and
training providers to support related
instruction aligned with the needs of high-
skill, high-wage, or in-demand industry sectors
and occupations, and to the extent practicable,
support the provision of academic credit for
related instruction;
``(iii) providing services, including
business engagement, classroom instruction, and
development of partnerships with organizations
that assist program participants in accessing
supportive services (which may include the 12-
month period after the conclusion of the other
activities in the youth apprenticeship and pre-
apprenticeship programs involved);
``(iv) providing technical assistance on the
registration process for a sponsor of a youth
apprenticeship, pre-apprenticeship, or
apprenticeship program;
``(v) connecting businesses, labor
organizations, or joint-labor management
organizations with education and training
providers to develop related instruction to
complement the on-the-job learning portion of a
youth apprenticeship, pre-apprenticeship, or
apprenticeship program;
``(vi) providing training to employees to
serve as on-the-job trainers or mentors to
program participants; and
``(vii) providing career exposure, career
planning, and career awareness activities.
``(4) Educational alignment grants.--An eligible entity that
receives funds under section 201(a)(1)(D) shall use such funds
to strengthen alignment between programs under the national
apprenticeship system and education and training providers with
secondary and postsecondary education systems, including degree
and credential requirements, which may include--
``(A) creating and aligning the related instruction
to requirements for a high school diploma or an
associate's or bachelor's degree, including through--
``(i) dual enrollment and credit articulation
for youth apprenticeship programs;
``(ii) articulation agreements; or
``(iii) credit transfer agreements;
``(B) creating or expanding career pathways aligned
with pre-apprenticeship, youth apprenticeship, or
apprenticeship programs;
``(C) providing professional development for
teachers, career guidance and academic counselors,
school leaders, administrators, specialized
instructional support personnel, and paraprofessionals
to build an understanding of opportunities in the
national apprenticeship system available to students
and to incorporate such opportunities into academic
content and offerings;
``(D) offering prior learning assessments, which may
include credit for prior learning to grant advanced
standing in a program under the national apprenticeship
system and credit towards an associate's or bachelor's
degree;
``(E) maintaining a connection between a pre-
apprenticeship or youth apprenticeship program and an
apprenticeship program; and
``(F) providing training for instructors or mentors.
``SEC. 203. GRANT EVALUATIONS.
``(a) Recipient Reports.--Each recipient of a grant under this
section shall--
``(1) provide for an independent evaluation of the activities
carried out under this title during the grant period;
``(2) provide for an annual report and for a final report at
the conclusion of the grant period, which include--
``(A) a description of how the funds received through
the grant were used and how the uses of funds aligned
with the description in the application specified in
section 201(e)(5)(C);
``(B) in the case of an eligible entity that is
required to report data under section 131(b)(1), the
data collected under such section for the grant period;
``(C) the total number of active program participants
served by each of the grant programs;
``(D) the total number that obtained unsubsidized
employment in a field related to the apprenticeable
occupation;
``(E) the total number of program participants that
completed the program in which they were enrolled;
``(F) the average time to completion for each program
as compared to the program standards description under
paragraphs (1) and (2) of section 123(b);
``(G) the average cost per participant during the
most recent program year and the 3 preceding program
years;
``(H) the percentage of participants who received
support services; and
``(I) the disaggregation of performance data
described in subparagraphs (A) through (H)--
``(i) by the program type (apprenticeship,
youth apprenticeship, or pre-apprenticeship
program) involved; and
``(ii) by race, ethnicity, sex, age, and
membership in a population specified in section
3(24) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102(24)); and
``(3) submit each report under paragraph (2)--
``(A) to the registration agency; and
``(B) to the Administrator.
``(b) Administrator Evaluations.--
``(1) In general.--The Administrator shall prepare--
``(A) not later than 36 months after the date of
enactment of the National Apprenticeship Act of 2020,
an interim evaluation on the activities carried out
under grants awarded under this section; and
``(B) not later than 60 months after the date of
enactment of the National Apprenticeship Act of 2020, a
final evaluation containing the results of the grant
activities.
``(2) Contents.--Such evaluations shall address, for the
activities carried out under each grant awarded under this
section, the general effectiveness of the activities in
relation to their cost, including the extent to which the
activities--
``(A) improve the participation in, retention in, and
completion of youth apprenticeship, pre-apprenticeship,
and apprenticeship programs by nontraditional
apprenticeship populations;
``(B) to the extent feasible, increase the levels of
total employment, of attainment of recognized
postsecondary credentials, and of measurable skills,
above the levels that would have existed in the absence
of such activities;
``(C) respond to the needs reflected in State,
regional, or local labor market data;
``(D) align with high-skill, high-wage, or in-demand
industries or occupations; and
``(E) reach a wide variety of industry sectors and
occupations;
``(3) Reports to congress.--Not later than 60 days after the
completion of the interim evaluation and the final evaluation
described in this section, the Administrator shall submit to
the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a report summarizing the findings of
the interim evaluations and a report summarizing the final
evaluations.
``(4) Public access.--The Administrator shall make the
interim and final reports available on a publicly accessible
website not later than 60 days after the completion of the
interim report and the final report.
``SEC. 204. GRANT APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title:
``(1) $400,000,000 for fiscal year 2021;
``(2) $500,000,000 for fiscal year 2022;
``(3) $600,000,000 for fiscal year 2023;
``(4) $700,000,000 for fiscal year 2024; and
``(5) $800,000,000 for fiscal year 2025.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) American Competitiveness and Workforce Improvement Act of 1998.--
Section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916a) is repealed.
(b) Immigration and Nationality Act.--Section 286(s)(2) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended--
(1) in the heading, by striking ``for job training'' and
inserting ``for programs under the national apprenticeship
system''; and
(2) by striking ``for demonstration programs and projects
described in section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998'' and inserting ``to carry
out title II of the National Apprenticeship Act''.
Purpose and Summary
H.R. 8294, the National Apprenticeship Act of 2020 (NAA
2020) reauthorizes the National Apprenticeship Act\1\ by
codifying the roles and responsibilities of the Office of
Apprenticeship (OA) and the National Advisory Committee on
Apprenticeships (Advisory Committee). The legislation codifies
and streamlines the existing U.S. Department of Labor (DOL)
Registered Apprenticeship (RA) regulations\2\ (RA regulations)
and the Equal Employment Opportunity in Apprenticeship
regulations\3\ (EEO regulations), and it establishes standards
for youth apprenticeship and pre-apprenticeship programs. The
purpose of this reauthorization is to safeguard the welfare of
apprentices and ensure equal opportunity for participation in,
and increase the diversity of, programs under the national
apprenticeship system, which includes apprenticeship, pre-
apprenticeship, and youth apprenticeship programs registered
under such system. The legislation establishes an interagency
agreement between the DOL and the U.S. Department of Education
(Department of Education) to support strengthened alignment of
programs under the national apprenticeship system with
secondary, postsecondary, and adult education systems
throughout the U.S.
---------------------------------------------------------------------------
\1\Act of August 16, 1937, 29 U.S.C. Sec. 50 (commonly known as the
``National Apprenticeship Act'').
\2\Labor Standards for the Registration of Apprenticeship Programs,
29 C.F.R. Pt. 29.
\3\Equal Employment Opportunity in Apprenticeship, 29 C.F.R. Pt.
30.
---------------------------------------------------------------------------
H.R. 8294 authorizes $3.9 billion over five years to create
nearly one million additional apprenticeship, pre-
apprenticeship, and youth apprenticeship opportunities. A
portion of this funding is used to establish a grant program
for State Apprenticeship Agencies (SAAs) and State Offices of
Apprenticeship (SOAs). The legislation also creates a grant
program to support national, regional, and local
intermediaries, incentivize employer participation, and provide
opportunities for individuals with barriers to employment. To
ensure effectiveness and accountability, the bill includes
reporting and evaluation requirements. Through this
reauthorization, apprenticeships will be elevated to a high-
quality, postsecondary option equal to the more traditional
two- or four-year degrees, while pre-apprenticeships and youth
apprenticeships will provide more options for high school
students and individuals looking for a pathway into
apprenticeships.
The NAA 2020 is endorsed by the American Federation of
Labor and Congress of Industrial Organizations (AFL-CIO),
Association for Career and Technical Education (ACTE), Center
for Law and Social Policy (CLASP), Jobs for the Future (JFF),
Laborers' International Union of North America (LiUNA),
National Electrical Contractors Association (NECA), National
Skills Coalition (NSC), National Taskforce on Tradeswomen's
Issues (TWTF), National Urban League (NUL), North America's
Building Trades Unions (NABTU), and Third Way.
Committee Action
116TH CONGRESS
On March 27, 2019, the Subcommittee on Higher Education and
Workforce Investment (HEWI Subcommittee) of the House Committee
on Education and Labor (Committee) held a hearing entitled
``Innovations in Expanding Registered Apprenticeship
Programs.'' The hearing explored expanding RAs, which combine
on-the-job training and work-based learning opportunities. The
witnesses were: Ms. Jennifer Carlson, Executive Director,
Apprenti, Seattle, WA; Mr. James G. Pavesic, Director of
Education and Training, United Association of Journeymen and
Apprentices of the Plumbing, Pipefitting and Sprinkler Fitting
Industry of the United States and Canada, Annapolis, MD; Mr.
Mark Hays, Vice Chancellor of Workforce and Economic
Development, Dallas County Community College District, Dallas,
TX; and Ms. Bridget Gainer, Vice President of Global Public
Affairs, Aon, Chicago, IL.
On July 16, 2019, the HEWI Subcommittee held a bipartisan
hearing entitled ``Scaling Up Apprenticeships: Building on the
Success of International Apprenticeship Models.'' The hearing
explored the features of effective apprenticeship models in
Switzerland, Germany, and Australia, and it provided insights
on best practices that can be successfully applied in the
United States. The witnesses were: Mr. Tim Bradley, Counsellor
for Industry, Science and Education, Department of Education,
Embassy of Australia, Washington, DC; Dr. Silvia Annen, Senior
Researcher, BIBB-Federal Institute for Vocational Education and
Training, Bonn, Germany; and Dr. Simon Marti, Head of Office,
SwissCore, Brussels, Belgium.
On November 14, 2019, HEWI Subcommittee Chair Susan Davis
(D-CA-53) and Ranking Member Lloyd Smucker (R-PA-11) held a
bipartisan Member roundtable on apprenticeships. The roundtable
provided Members an opportunity to discuss best practices in RA
expansion with experts and stakeholders implementing successful
RA programs. Members heard from the following experts: Ms.
Patricia Morrison, Director, Division of Registered
Apprenticeship, Virginia Department of Labor and Industry,
Richmond, VA; Dr. Rebecca S. Lake, Dean, Workforce and Economic
Development, Willian Rainey Harper College, Chicago, IL; Ms.
Jennifer Oddo, Program Manager, External Workforce and
Apprenticeship Initiatives, IBM, Cleveland, OH; Mr. Christopher
Treml, Director of Construction Training, International Union
of Operating Engineers' National Training Fund, Washington, DC;
Mr. James Young, Senior Director, Congressional Relations, HR,
Labor and Safety, Associated General Contractors of America,
Arlington, VA; and Mr. Eric M. Seleznow, Senior Advisor, Center
for Apprenticeship & Work-Based Learning, Jobs for the Future,
Washington, DC.
On November 20, 2019, the HEWI Subcommittee held a hearing
entitled ``Examining the Policies and Priorities of the Labor
Department's Apprenticeship Program.'' The hearing examined the
DOL activities and expenditures related to RAs and probed the
DOL's actions to misdirect appropriated funds into the proposed
Industry Recognized Apprenticeship Program (IRAP). The witness
was Mr. John Pallasch, Assistant Secretary of the Employment
and Training Administration (ETA), U.S. Department of Labor,
Washington, DC.
On March 4, 2020, the HEWI Subcommittee held a bipartisan
hearing entitled ``Reauthorizing the National Apprenticeship
Act: Strengthening and Growing Apprenticeships for the 21st
Century.'' The hearing included consideration of a discussion
draft of legislation to reauthorize the National Apprenticeship
Act; that discussion draft was a precursor to the NAA 2020. At
the hearing, stakeholders in the RA system discussed the need
for reauthorization of the National Apprenticeship Act and how
a reauthorization, as outlined in the discussion draft, could
improve stakeholders' ability to better serve both apprentices
and employers, including through increased funding. The
witnesses were: Ms. Tiffany P. Robinson, Secretary, Maryland
Department of Labor, Baltimore, MD; Ms. Morna K. Foy, Ph.D.,
President, Wisconsin Technical College System, Madison, WI; Ms.
Jace Noteboom, Talent Director, IBM Systems, Armonk, NY; and
Mr. Daniel Bustillo, Executive Director, Healthcare Career
Advancement Program, New York, NY.
On September 17, 2020, Representative Davis (CA) introduced
H.R. 8294, the National Apprenticeship Act of 2020. Upon
introduction, the bill had 13 Democratic cosponsors and was
referred to the Committee on Education and Labor. It currently
has 44 Democratic cosponsors. This bill incorporated policy
recommendations from each of the HEWI Subcommittee hearings as
well as policy ideas from a number of other bills, including
elements from all of the legislation described in the
subsection below entitled Other Apprenticeship Related
Legislation.
On September 24, 2020, the Committee on Education and Labor
marked up H.R. 8294 and ordered it to be reported favorably, as
amended, to the House of Representatives by a vote of 26 Yeas
and 16 Nays.
At the markup, the Committee considered the following
amendments to H.R. 8294.
Representative Davis (CA), Chair of the HEWI
Subcommittee, offered an amendment in the nature of a
substitute (ANS). The ANS included the provisions of
H.R. 8294 as introduced and added the following: a
requirement that the OA, SOAs, and SAAs provide
technical assistance for programs to offer remote or
virtual learning; a requirement that organizations
receiving grants under Title II of the amendments to
the National Apprenticeship Act provide access to
supportive services; a provision to ensure that labor
organizations and joint labor-management organizations
are included as partners in various sections of the
legislation; and technical corrections. The ANS was
adopted by voice vote.
Representative Elise Stefanik (R-NY-21)
offered an amendment to strike the requirements that
pre-apprenticeships be tied to an apprenticeship
program and prepare participants for a high school
diploma or GED. The amendment was defeated by a vote of
16 Yeas and 26 Nays.
Representative Stefanik offered an amendment
to allow RA programs to receive expedited approval on
the Workforce Innovation and Opportunity Act\4\ (WIOA)
eligible training provider list. The amendment was
adopted by voice vote.
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\4\29 U.S.C. Sec. 3101.
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Representative Brett Guthrie (R-KY-2)
offered an amendment to allow states to waive reporting
requirements for small business and first-time sponsors
of RAs, modify requirements for federal grant
evaluations, and reduce the frequency of data
reporting. The amendment was withdrawn.
Representative Fred Keller (R-PA-12) offered
an amendment to strike the exception to the ratio
requirements in RA programs for collective bargaining
agreements. The amendment was defeated by a vote of 15
Yeas and 27 Nays.
Representative Dusty Johnson (R-SD-At Large)
offered an amendment to require the Secretary of Labor
to issue regulations governing the standards for
apprenticeable occupations in consultation with
industry within one year. The amendment was adopted by
voice vote after a second-degree amendment to the
amendment was adopted.
Representative Susan Wild (D-PA-7) offered a
second-degree amendment to the Johnson (SD) amendment
to ensure that the Secretary of Labor's consultation
prior to issuing regulations is inclusive of other
apprenticeship stakeholders beyond industry. The
second-degree amendment was adopted by voice vote.
Representative Lloyd Smucker (R-PA-11)
offered an amendment in the nature of a substitute to,
among other things, allow the Secretary of Labor to
establish IRAPs, reduce the authorized levels of
funding throughout the bill by more than $2 billion
over five years, eliminate the Advisory Committee, and
eliminate the interagency agreement with the Department
of Education. The amendment was rejected by a voice
vote.
Other Apprenticeship Related Legislation
On January 9, 2019, Representative Donald Norcross (D-NJ-1)
introduced H.R. 398, the 21st Century Energy Workforce Act. The
bill would require the U.S. Department of Energy to provide
grants to qualifying organizations that offer job training
programs for the energy sector. The bill was referred to the
Committee on Education and Labor and currently has two
Republican cosponsors.
On January 9, 2019, Representative Norcross introduced H.R.
399, the PATH Act. The bill would require the DOL to provide
grants to develop pre-apprenticeships for underrepresented
populations in the construction and building trades. The bill
was referred to the Committee on Education and Labor and
currently has four Democratic cosponsors and two Republican
cosponsors.
On January 17, 2019, Representative Anthony Brown (D-MD-4)
introduced H.R. 653, the Expanding Access to the Workforce
Through Dual Enrollment Act. The bill would direct the
Secretary of Education to provide grants to support dual or
concurrent enrollment programs offering career and technical
education, including RAs. The bill was referred to the
Committee on Education and Labor and currently has nine
Democratic cosponsors.
On February 13, 2019, Representative Rick Larsen (D-WA-2)
introduced H.R. 1197, the Youth Access to American Jobs Act of
2019. The bill would require the Secretary of Education to
award grants to promote youth apprenticeships. The bill was
referred to the Committee on Education and Labor and currently
has 22 Democratic cosponsors.
On February 13, 2019, Representative Tim Ryan (D-OH-13)
introduced H.R. 1168, the Worker Act. The bill would codify the
DOL's OA, Advisory Committee, and Registered Apprenticeship
College Consortium. The bill was referred to the Committee on
Education and Labor and currently has 10 Democratic cosponsors.
On March 7, 2019, Representative Frederica Wilson (D-FL-24)
introduced H.R. 1634, the Youth Corps Act of 2019. The bill
would authorize the DOL to make grants to establish Youth Corps
programs to provide employment to low income youth, including
RAs and pre-apprenticeships. The bill was referred to the
Committee on Education and Labor and currently has 13
Democratic cosponsors.
On March 13, 2019, Representative Seth Moulton (D-MA-6)
introduced H.R. 1733, the CHANCE in TECH Act. The bill would
require the DOL to partner with industry groups to promote RAs
in the technology sector. The bill was referred to the
Committee on Education and Labor and currently has 24
Democratic cosponsors and six Republican cosponsors.
On March 14, 2019, Representative Rosa DeLauro (D-CT-3)
introduced H.R. 1782, the American Apprenticeship Act. The bill
would require the DOL to award grants to states to allow them
to assist in covering the costs of related instruction for RA
programs. The bill was referred to the Committee on Education
and Labor.
On March 22, 2019, Representative Suzanne Bonamici (D-OR-1)
introduced H.R. 989, the PARTNERS Act. The bill would provide
grants to states to support small- and medium-sized businesses
establishing partnerships to create apprenticeships. The bill
was referred to the Committee on Education and Labor and the
Committee on the Judiciary and currently has 15 Democratic
cosponsors and six Republican cosponsors.
On March 29, 2019, Representative Norcross introduced H.R.
1995, the Apprenticeship Hubs Across America Act of 2019. The
bill would require the DOL to award grants to workforce
intermediaries to allow those intermediaries to promote,
develop, and support RA programs. The bill was referred to the
Committee on Education and Labor and currently has two
Democratic cosponsors and four Republican cosponsors.
On May 14, 2019, Representative Susie Lee (D-NV-3)
introduced H.R. 2721, the Cyber Ready Workforce Act. The bill
would require the DOL to award grants to intermediaries to
promote RAs in the cybersecurity industry. The bill was
referred to the Committee on Education and Labor and currently
has 14 Democratic cosponsors and five Republican cosponsors.
On May 20, 2019, Representative Robin Kelly (D-IL-2)
introduced H.R. 2844, the Creating Pathways for Youth
Employment Act. The bill would provide funding for employment
opportunities for youth, including youth apprenticeships. The
bill was referred to the Committee on Education and Labor.
On October 31, 2019, Representative Mark Pocan (D-WI-2)
introduced H.R. 4965, the LEARNS Act. The bill would codify
standards for RA programs, promote postsecondary credentials
for apprentices, and codify the Advisory Committee. The bill
was referred to the Committee on Education and Labor and
currently has 64 Democratic cosponsors.
On January 15, 2020, Representative William Keating (D-MA-
9) introduced H.R. 3068, the Offshore Wind Jobs and Opportunity
Act. The bill would authorize the U.S. Department of the
Interior to award grants to provide career training programs in
the offshore wind industry, including RAs. The bill was
referred to the Committee on Education and Labor and currently
has 33 Democratic cosponsors.
On September 17, 2020, Representative Andy Levin (D-MI-9)
introduced H.R. 8302, the STANDARDS Act. The bill would require
the Secretary of Labor to adopt quality standards for RA
programs within a year of passage. The bill was referred to the
Committee on Education and Labor and currently has one
Democratic cosponsor.
On September 18, 2020, Representative Lori Trahan (D-MA-3)
introduced H.R. 8317, To encourage employer participation in
the national apprenticeship system. The bill would direct the
DOL to provide support to employers to increase patriation in
the national apprenticeship system. The bill was referred to
the Committee on Education and Labor and currently has one
Democratic cosponsor.
On September 21, 2020, Representative Josh Harder (D-CA-10)
introduced H.R. 8328, the Apprenticeships to College Act. The
bill would require the Secretary of Labor to establish an
interagency agreement with the Secretary of Education and
establish a college consortium on RAs. The bill was referred to
the Committee on Education and Labor.
On September 21, 2020, Representative Alma Adams (D-NC-12)
introduced H.R. 8321, the Apprenticeship Access for All Act of
2020. The bill would require the Secretary of Labor to protect
apprentices from discrimination and promote diversity in the RA
system. The bill was referred to the Committee on Education and
Labor.
On September 22, 2020, Representative Marcia Fudge (D-OH-
11) introduced H.R. 8339, the Expanding Opportunity through
Pre-Apprenticeships Act. The bill would create standards for
pre-apprenticeship programs and authorize grants to promote
pre-apprenticeships. The bill was referred to the Committee on
Education and Labor and currently has 13 Democratic cosponsors.
On September 23, 2020, Representative Pramila Jayapal (D-
WA-7) introduced H.R. 8357, the Apprenticeship Future for All
Act. The bill would authorize the DOL to award grants,
contracts, or agreements to support nontraditional
apprenticeship populations in the RA system. It was referred to
the Committee on Education and Labor and currently has four
Democratic cosponsors.
On September 24, 2020, Representative David Trone (D-MD-6)
introduced H.R. 8391, the Strengthening Apprenticeships for
Justice-Impacted Communities Act. The bill would direct the DOL
to offer grants, funding for supportive services, and support
to employers to encourage RA programs for justice-impacted
individuals. The bill was referred to the Committee on
Education and Labor.
On September 29, 2020, Representative Joaquin Castro (D-TX-
20) introduced H.R. 8414, the Strengthening Youth
Apprenticeships Act of 2020. The bill would direct the
Secretaries of Labor and Education to create an interagency
agreement and a grant program to support youth apprenticeships.
The bill was referred to the Committee on Education and Labor
and currently has one Democratic cosponsor and one Republican
cosponsor.
Committee Views
INTRODUCTION
The RA system is one of the oldest and most successful
elements of the American workforce development system. RAs are
an earn-and-learn model that are validated by and registered
with the DOL or an SAA. This allows employers and apprentices
to enter into an agreement regarding the training and
compensation that will be provided, including a schedule for
progressively increasing wages as the apprentice gains skills
and competencies. Apprenticeship programs were largely
unregulated in the United States until Wisconsin passed the
first state apprenticeship law in 1911.\5\ The Wisconsin law
became the foundation for apprenticeship laws in other states
and eventually the National Apprenticeship Act.\6\ Apprentices
work and study in one of approximately 1,200 nationally
recognized apprenticeable occupations. Since the start of 2017,
more than 700,000 workers have started RA programs in one of
more than 25,000 active RA programs. In 2019, 3,133 new
apprenticeship programs were established within the RA
system.\7\
---------------------------------------------------------------------------
\5\Reauthorizing the National Apprenticeship Act: Strengthening and
Growing Apprenticeships for the 21st Century Before the Subcomm. on
Higher Educ. and Workforce Investment of the H. Comm. on Educ. & Labor,
116th Cong. (2020) (Testimony of Morna Foy at 1), https://
edlabor.house.gov/imo/media/doc/FoyTestimony03042020.pdf [hereinafter
Foy Testimony].
\6\Id.
\7\Number based on the Employment and Training Administration's
calculations for 2018. FY 2018 Data and Statistics, U.S. Dep't of
Labor, https://www.dol.gov/agencies/eta/apprenticeship/about/
statistics/2018 (last visited Oct. 28, 2020).
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After over a century, the RA system is still a highly
successful path for thousands of workers. According to the DOL,
94 percent of apprentices are employed after completing their
RAs and earn an average starting wage of $70,000 a year.\8\
Apprentices are overwhelmingly retained by their employers,
with 91% retaining employment after their program ends.\9\
According to the DOL, workers who complete apprenticeships earn
an average of an additional $300,000 over the course of their
career when compared to similar workers. Additionally,
apprentices in RA programs earn an average starting wage of $15
at the beginning of their apprenticeships and receive wage
increases throughout their apprenticeship as they develop their
skills.\10\
---------------------------------------------------------------------------
\8\Frequently Asked Questions, Apprenticeship.gov, https://
www.dol.gov/featured/apprenticeship/faqs (last visited Oct. 28, 2020).
\9\Id.
\10\Apprenticeship Toolkit: Advancing Apprenticeship as a Workforce
Strategy, U.S. Dep't of Labor, https://www.dol.gov/apprenticeship/
toolkit/toolkitfaq.htm#: cents:text=Earnings%3A%20
The%20average%20starting%20wage.national%2C%20industry%2Drecognized%20cr
edential (last visited Oct. 28, 2020).
---------------------------------------------------------------------------
However, RAs currently account for only 0.3 percent of the
U.S. workforce\11\ and only 2.9 percent of the cohort of
workers entering the labor market in a typical year.\12\
Further, nearly two-thirds of active apprentices were employed
in one industry (construction). During the HEWI Subcommittee
hearings in the 116th Congress, witnesses discussed the
importance of expanding access to quality apprenticeship
opportunities in other industry sectors. Mr. Daniel Bustillo,
Executive Director of the Healthcare Career Advancement Program
(H-CAP), highlighted the importance of ``continued innovation
in the creation and implementation of non-traditional, high-
quality training programs and rigorous workforce planning to
ensure the health care workforce and delivery system of the
present and future.''\13\ Jace Noteboom, Talent Director for
IBM Systems, discussed how the technology sector has utilized
apprenticeships as a way to meet unfilled employment needs.\14\
Bridget Gainer, Vice President of Global Public Affairs for
Aon, described how the insurance industry is turning to RAs, in
partnership with community colleges, to find talent they had
traditionally recruited from four-year degree programs.
Additionally, testimony from Jennifer Carlson, the Executive
Director and Co-Founder of Apprenti, a technology
apprenticeship intermediary, highlighted the need to better
promote the inclusion and recruitment of nontraditional
populations in the RA system, including women, people of color,
individuals with disabilities, and individuals impacted by the
criminal justice system.\15\
---------------------------------------------------------------------------
\11\Task Force on Apprenticeship Expansion, Final Report to: The
President of the United States 17 (2018), https://www.dol.gov/
apprenticeship/docs/task-force-apprenticeship-expansion-report.pdf.
\12\International Labor Organization, Towards a Model
Apprenticeship Framework: A Comparative Analysis of National
Apprenticeship Systems 140 (2013), https://www.ilo.org/wcmsp5/groups/
public/---asia/---ro-bangkok/---sro-new_delhi/documents/publication/
wcms_234728.pdf.
\13\Reauthorizing the National Apprenticeship Act: Strengthening
and Growing Apprenticeships for the 21st Century Before the Subcomm. on
Higher Educ. and Workforce Investment of the H. Comm. on Educ. & Labor,
116th Cong. (2020) (Testimony of Daniel Bustillo at 2), https://
edlabor.house.gov/imo/media/doc/BustilloTestimony03042020.pdf
[hereinafter Bustillo Testimony].
\14\Id. (Testimony of Jace Noteboom), https://edlabor.house.gov/
imo/media/doc/NoteboomTestimony03042020.pdf [hereinafter Noteboom
Testimony].
\15\Innovations in Expanding Registered Apprenticeships Before the
Subcomm. on Higher Educ. and Workforce Investment of the H. Comm. on
Educ. & Labor, 116th Cong. (2019) (Testimony of Jennifer Carlson at 6),
https://edlabor.house.gov/imo/media/doc/CarlsonTestimony032719.pdf.
---------------------------------------------------------------------------
CORE ELEMENTS OF THE NATIONAL APPRENTICESHIP ACT 2020
The DOL, in coordination with the 27 recognized SAAs, runs
the current RA system. Together, they protect the welfare of
apprentices by setting quality standards for apprenticeships,
approving apprenticeship agreements between sponsors and
apprentices, and issuing nationally recognized certificates to
participants upon completion.
Although the National Apprenticeship Act was first
authorized in 1937 and signed into law by President Franklin
Delano Roosevelt, the NAA 2020 is the first comprehensive
reauthorization of the legislation. (Hereinafter, provisions of
the NAA 2020 that amend the National Apprenticeship Act shall
be referred to as amendments to the National Apprenticeship
Act.) Since 1937, operation of the RA system has been directed
through regulations\16\ rather than statute. The five tenets of
the 1937 legislation, which are retained in the NAA 2020,
require the Secretary of Labor (Secretary) to:
---------------------------------------------------------------------------
\16\29 C.F.R. Pts. 29, 30.
---------------------------------------------------------------------------
formulate and promote the furtherance of
labor standards necessary to safeguard the welfare of
apprentices;
expand the application of such standards by
encouraging the inclusion thereof in contracts of
apprenticeship;
bring together employers and labor for the
formulation of programs of apprenticeship;
cooperate with state agencies engaged in the
formulation and promotion of standards of
apprenticeship; and
cooperate with the Secretary of
Education.\17\
---------------------------------------------------------------------------
\17\29 U.S.C. Sec. 50.
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Sections 121 through 124 of the amendments to the National
Apprenticeship Act include the first of the three requirements:
the formulation of labor standards necessary to safeguard the
welfare of apprentices, contracts of apprenticeship through
apprenticeship agreements, and bringing together of employers
and labor for the formulation of programs. Section 113 of the
amendments to the National Apprenticeship Act provides for
cooperation with state agencies engaged in the formulation and
promotion of standards of apprenticeship with SAAs. Section 114
of the amendments to the National Apprenticeship Act sets
parameters for cooperation with the Secretary of Education
through an interagency agreement.
Processes and Standards for the National Apprenticeship System
The NAA 2020 takes steps to codify and streamline the
requirements for apprenticeable occupations, standards,
apprenticeship agreements, and registration processes as they
currently exist in the RA and EEO regulations. The legislation
also takes steps to introduce innovative new ideas such as
industry-recognized occupational standards for apprenticeable
occupations and codifies the standards for pre-apprenticeships
and youth apprenticeships. Apprenticeships, pre-
apprenticeships, and youth apprenticeships are all required to
be registered in order to be part of the national
apprenticeship system. Nothing in this bill requires programs
that wish to call themselves ``apprenticeship programs'' to
register with the DOL or an SAA. Rather, this bill simply
establishes the standards and requirements for those programs
that wish to register to be part of the national apprenticeship
system and access the funding authorized by H.R. 8294.
This bill codifies time-based, competency-based, and hybrid
apprenticeship models. Similar to the existing RA
regulations,\18\ the bill requires that most apprentices
complete 2,000 hours of on-the-job learning and 144 hours of
related instruction. However, the bill allows the registration
agency (either an SAA or the OA) and Secretary to approve an
alternative amount of time under time-based models. These
alternative requirements are expected to be used in industries
or apprenticeable occupations that lack widespread and well-
established apprenticeship programs, provided that such
alternative requirements reflect industry standards and the
relative hazards of the occupation. Such an alternative
requirement would not be appropriate in construction related
occupations, for example, where there is an established
industry standard for time-based RA programs.
---------------------------------------------------------------------------
\18\Id.
---------------------------------------------------------------------------
Youth Apprenticeships and Pre-Apprenticeships
In order to advance the adoption, expansion, and more
universal understanding of various apprenticeship models, H.R.
8294 codifies the standards for pre-apprenticeships and youth
apprenticeships and clarifies that these programs must be
registered to be part of the national apprenticeship system.
Building on existing practice and federal and state guidance,
the bill makes clear that pre-apprenticeships are designed for
individuals who do not meet the entrance requirements for an
apprenticeship program but are seeking assistance in preparing
for an apprenticeship. Pre-apprenticeships should have an
established partnership with at least one apprenticeship
program so that the skills and competencies provided to the
individual participants will prepare them to succeed in an
apprenticeship program. Recognizing that not all individuals
who participate in a pre-apprenticeship program will choose to
move directly into an apprenticeship program, the legislation
includes requirements that pre-apprenticeship programs also
prepare individuals for a secondary school diploma, if
necessary, as well as provide mentoring, career exposure,
career planning, and career awareness activities.
H.R. 8294 clarifies that youth apprenticeships are
opportunities for students who are currently enrolled in high
school to prepare for: entry into an apprenticeship program,
further education, or employment upon completion of the youth
apprenticeship program and graduation. The standards are
codified in this legislation in order to expand adoption and
understanding of youth apprenticeships and to ensure the
national portability of youth apprenticeship credentials by
establishing a single set of standards for all programs across
the U.S.
H.R. 8294 addresses a concern raised by states that are
working to grow the number of apprenticeships by making sure
that youth apprenticeships are eligible for federal grant
funding as part of the expansion of the national apprenticeship
system. The Secretary of the Maryland Department Labor, Tiffany
Robinson, testified that: ``Staff working with [Apprenticeship
Maryland Program] are not funded with the U.S. DOL Expansion
grants because they require all participants served to be a
Registered Apprentice.''\19\ She added: ``Having the ability to
lay the correct groundwork now will result in hundreds, if not
thousands, of high school Registered Apprentices over the next
three to five years [in Maryland].''\20\
---------------------------------------------------------------------------
\19\Reauthorizing the National Apprenticeship Act: Strengthening
and Growing Apprenticeships for the 21st Century Before the Subcomm. on
Higher Educ. and Workforce Investment of the H. Comm. on Educ. & Labor,
116th Cong. (2020) (Testimony of Tiffany Robinson at 9), https://
edlabor.house.gov/imo/media/doc/RobinsonTestimony03042020.pdf
[hereinafter Robinson Testimony].
\20\Id.
---------------------------------------------------------------------------
Understanding that some apprenticeable occupations may not
allow for students to safely participate on a job site under
the age of 18, the standards for youth apprenticeships included
in the legislation allow for on-the-job learning requirements
to be completed in an experiential or simulated setting rather
than in-person, similar to work-based learning for career and
technical education programs.
H.R. 8294 requires wages for youth apprenticeship and
apprenticeship programs, but not pre-apprenticeship programs.
The legislation requires that such wages: are progressively
increasing commensurate with increasing levels of skills and
competency; are clearly defined in an apprenticeship agreement;
and are not less than the greater of either the minimum wage
required under section 6(a) of the Fair Labor Standards Act of
1938,\21\ the applicable wage required by other applicable
federal or state laws (including regulations), or where
applicable, a collective bargaining agreement.
---------------------------------------------------------------------------
\21\29 U.S.C. Sec. 206(a).
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AUTHORIZATION OF FUNDING FOR THE NATIONAL APPRENTICESHIP ACT OF 2020
H.R. 8924 authorizes appropriations of $3.895 billion for
Fiscal Year (FY) 2021 through FY 2025. Assuming existing
appropriations of $211 million per year would continue in the
absence of this reauthorization, the bill authorizes an
increase of $2.84 billion over the five-year period.
An analysis conducted by the Committee estimates that this
level of federal investment will support approximately 964,400
new apprenticeship opportunities over five years that would not
otherwise exist.\22\ To ensure the national apprenticeship
system is widely available and an integral part of the nation's
workforce development system, by the end of FY 2025, funding
for the national apprenticeship system will approximately meet
the current funding provided for each of the three WIOA core
federal workforce programs (Dislocated Workers, Youth, and
Adult). The strategy behind H.R. 8294 is to scale up the RA
system so that its scope and reach is on par with each of the
three core federal workforce development programs under WIOA.
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\22\Estimates of average costs per new apprenticeship are taken
from Committee analysis of fiscal years 2017-2019 apprenticeship
spending conducted by Booz Allen Hamilton on behalf of the DOL.
According to this analysis, estimated costs vary by the type of
apprenticeship, ranging from as little as $1,250 per apprentice for
American Association of Community Colleges (AACC) grants to about
$5,170 per apprentice for American Apprenticeship Initiative (AAI)
grants. Notably, these federal cost estimates are greater than those in
a widely-cited Mathematica study. Debbie Reed et al., An Effectiveness
Assessment and Cost-Benefit Analysis of Registered Apprenticeship in 10
States 39 (2012), https://www.mathematica.org/our-publications-and-
findings/publications/an-effectiveness-assessment-and-costbenefit-
analysis-of-registered-apprenticeship-in-10-states. The Education and
Labor Committee's analysis likely produces conservative estimates,
given that the majority of apprenticeship programs in existence in the
U.S. today do not receive any form of federal funding. As a
conservative assumption, the analysis assumes that the federal cost of
supporting an apprenticeship in a new program is twice that of
supporting an apprenticeship in an existing program. This analysis
excludes costs borne by non-federal actors--most notably the costs
borne by employers for salaries, education, and mentoring during the
apprenticeship program.
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Recent Federal Funding for Registered Apprenticeship Programs
In FY 2015, the Obama Administration's DOL awarded $175
million in grant funds, using funds allocated to the DOL from
H-1B visa fees, for the American Apprenticeship Initiative for
activities such as supporting intermediaries and state
expansion grants.\23\ In appropriations bills enacted in each
of the past five fiscal years (FY 2016 through FY 2020),
Congress has appropriated funds to the DOL ``to expand
opportunities relating to apprenticeship programs registered
under the National Apprenticeship Act . . . through grants,
cooperative agreements, contracts, and other
arrangements.''\24\ Appropriations were $90 million in FY 2016,
$95 million in FY 2017, $145 million in FY 2018, $160 million
in FY 2019, and $175 million in FY 2020. The appropriations
bill in FY 2020 further specified that appropriated funds were
only to be used for RAs and not for non-registered
programs.\25\
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\23\Benefits and Costs of Apprenticeship: A Business Perspective,
U.S. Dep't of Commerce, https://www.google.com/
url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjXo435qd
3sAhXsgnIEHZSXDb4QFjAAegQIBRAC&url=https%3A%2F%2Ffiles.eric.ed.gov%2Fful
ltext
%2FED572260.pdf&usg=AOvVaw2rgmNm7ZrJW1XKsm8ugLaO (last visited Oct. 28,
2020).
\24\Consolidated Appropriations Act, 2016, Pub. L. No. 114-113, 129
Stat. 2242.
\25\H.R. Rep. No. 116-62, 15-16 (2020), https://www.congress.gov/
116/crpt/hrpt62/CRPT-116hrpt62.pdf. The House Appropriations Committee
report included the following explanation for the inclusion of the word
``only'':
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However, the Committee is deeply concerned that funds are
being used to support unregistered apprenticeship programs,
an untested, unproven, and duplicative version of
registered apprenticeships. The Committee is also concerned
that the funding under this program is not being used
effectively to support State, regional, and local
apprenticeship efforts, as well as efforts by
intermediaries to expand registered apprenticeships into
new industries and to expand opportunities for underserved
or underrepresented populations. Therefore, the bill
includes new language clarifying that funds may only be
used for registered apprenticeships and requires that funds
be used by the Secretary to support State grants and for
contracts and cooperative agreements for national and local
apprenticeship intermediaries. The Department has admitted
to misusing over $1.1 million of funds appropriated for
RAs.
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See also Ben Penn, Trump Apprenticeship Plan Under Fire for Alleged
Misuse of Funds, Bloomberg Law (Nov. 6, 2019, 6:11 AM), https://
news.bloomberglaw.com/daily-labor-report/trump-apprenticeship-plan-
under-fire-for-alleged-misuse-of-funds.
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Funding under the NAA 2020
The five-year authorization levels in the NAA 2020 build on
current FY 2020 appropriations levels of $211 million, of
which, $175 million is currently appropriated for RA grants and
$36 million is appropriated for the operations of the OA. The
first four rows in the table below explain the authorization
levels for the four key programmatic elements of the NAA 2020.
The first row authorizes appropriations for the OA at $50
million in FY 2021 (an increase of $14 million above the FY
2020 level of $36 million). This authorization includes costs
for the Advisory Committee, evaluation, and research. This
authorization is increased thereafter by $10 million annually
to reach $90 million in FY 2025. This is included in the
legislation in Section 114 of the amendments to the National
Apprenticeship Act.
The second row authorizes appropriations of $75 million for
SAAs and SOAs in FY 2021. This authorization is increased
thereafter by $10 million annually to reach $115 million in FY
2025. This is included in the legislation in Section 113 of the
amendments to National Apprenticeship Act.
The third row authorizes appropriations of $10 million for
the DOL Department of Education Interagency Agreement in FY
2021. This authorization is increased thereafter by $2 million
annually to reach $18 million in FY 2025. This is included in
the legislation in Section 114 of the amendments to the
National Apprenticeship Act.
The fourth row authorizes appropriations of $400 million
for Modernizing the National Apprenticeship System for the 21st
Century Grants in FY 2021 ($100 million of which is funded out
of the existing $175 million appropriations in FY 2020). This
authorization is increased thereafter by $100 million annually
to reach $800 million in FY 2025. This is included in the
legislation in Section 204 of the amendments to the National
Apprenticeship Act.
The fifth row reflects an estimated $200 million per year
in H1-B visa fees that will offset the cost of apprenticeship
grants. Over the past six years, the DOL has supplemented
appropriated apprenticeship funds with H-1B visa fees. Under
current law, 50 percent of the H1-B visa fees collected by the
U.S. Department of Homeland Security are directed to the DOL to
fund workforce training activities.\26\ H.R. 8294 amends the
Immigration and Nationality Act\27\ to direct the H-1B visa
fees available to the DOL to support part of the cost of the
Modernizing the National Apprenticeship System for the 21st
Century Grants. This is included in Section 4 of the NAA 2020.
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\26\8 U.S.C. Sec. 1356.
\27\Id.
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ROLES AND RESPONSIBILITIES OF THE OFFICE OF APPRENTICESHIP
The NAA 2020 codifies the roles and responsibilities of the
OA, led by an Administrator (Administrator), who will ensure
that the OA remains dedicated solely to administering and
supporting the national apprenticeship system. Specifically,
this reauthorization is intended to codify the role of the OA
in supporting the states in implementing high-quality
apprenticeship, pre-apprenticeship, and youth apprenticeship
opportunities for all stakeholders, including the program
participants themselves, SAAs and SOAs, employers, education
and training providers, labor organizations and joint labor-
management partnerships, intermediaries, educators, and other
relevant parties. The responsibilities of the OA include
national and regional efforts to increase awareness of and
promote opportunities provided by the national apprenticeship
system. The legislation also codifies the OA's crucial and
fundamental role in providing technical assistance for the
implementation of programs and requirements of this bill, such
as supporting data collection and reporting activities. The OA
may carry out technical assistance through grants, contracts,
or cooperative agreements, including with labor or joint labor-
management organizations or equity intermediaries, for
activities such as supporting program sponsors in meeting
requirements to increase diversity of programs and
participants. Finally, the legislation makes clear that the OA
must coordinate with all relevant federal workforce training
related programs that carry out or interact with programs under
the national apprenticeship system in order to support
efficiency and collaboration at the federal, state, and local
levels.
State Offices of Apprenticeship
As under current practice, the OA continues to be
responsible for creating and staffing a federally funded SOA in
any state that has not established its own SAA, and the NAA
2020 requires these SOAs to continue to carry out activities
required under the current RA and EEO regulations\28\ to
support the expansion of apprenticeships within each state. In
addition, SOAs are required to create a four-year state plan,
in coordination with the state workforce and state career and
technical education agencies. This includes SOAs setting
performance goals for the programs registered in the state.
Given the prolonged vacancies currently at the OA and SOAs
under the Trump Administration, this legislation requires the
Administrator to inform congressional committees of
jurisdiction if any vacancies in an SOA extend beyond 90 days.
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\28\29 C.F.R. Pts. 29, 30.
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Apprenticeable Occupations
Given the recent growth in apprenticeable occupations and
the goal of the NAA 2020 to increase new, nontraditional
apprenticeship occupations, the legislation directs the DOL to
regularly review and update existing apprenticeable occupations
as well as approve new apprenticeable occupations in a timely
manner (within 45 days of receiving an application). H.R. 8294
includes increased authorization funding levels for the DOL's
OA to ensure there is adequate staff for these additional
activities.
The legislation also encourages innovation in new
apprenticeable occupations by directing the DOL to convene
apprenticeship stakeholders, including employers and labor, to
assist with establishing industry-recognized occupational
standards. Under the legislation, specific frameworks of
industry-recognized occupational standards may include features
such as program scope and length, related instruction, on-the-
job learning, recognized postsecondary credentials, and skill
and competency requirements. The goal is to reduce the time and
burden employers, especially small- and medium-sized employers,
face in creating new apprenticeship programs by creating what
could be considered an ``in-the-box'' apprenticeship framework
approved by the Secretary that employers could easily adopt and
implement. This does not invite the quality or ethical concerns
inherent in non-governmental program accreditation, nor does it
authorize or provide for IRAPs or Standards Recognition
Entities (SREs) that are hallmarks of the Trump
Administration's efforts to privatize apprenticeship standards
and accreditation.
As a result of the Johnson (SD) amendment and the Wild
second-degree amendment, both offered and adopted at the
Committee's markup of the NAA 2020, the Secretary will be
required to issue regulations regarding standards and
requirements for apprenticeable occupations in consultation
with apprenticeship stakeholders within one year of enactment
of the legislation.
Accountability and Data Collection
Data collection, distribution, and public dissemination
have historically been a challenge for the national
apprenticeship system. This legislation tasks the OA with
creating a centralized reporting system and a publicly
accessible website with non-personally identifiable
apprenticeship data. By creating a centralized reporting
database, the DOL will streamline reporting for apprenticeship
stakeholders, including SAAs and grantees. The centralized
system may be aligned with the reporting infrastructure of
other programs within the ETA such as WIOA for further
streamlining and effectiveness. This alignment will help ease
data sharing and data collection requirements between the
national apprenticeship system and the workforce system. For
example, this alignment will support making use of workforce
related data such as state unemployment insurance wage records
to support the tracking of program participants' earnings after
they have left or completed a program under the national
apprenticeship system.
As required as part of this legislation, a public-facing
website will provide information on programs under the national
apprenticeship system across the country, including the
occupations available and credentials awarded as part of each
program. The DOL's existing apprenticeship website
(www.apprenticeship.gov) could be repurposed to meet this
requirement.
NATIONAL ADVISORY COMMITTEE ON APPRENTICESHIPS
The NAA 2020 codifies the composition, roles, and
responsibilities of the Advisory Committee. The DOL has been
authorized to establish an Advisory Committee as part of the
existing National Apprenticeship Act, and previous
administrations have solicited advice from this committee.\29\
For example, the George W. Bush Administration convened the
Advisory Committee to inform the 2008 updates to the RA
regulations.\30\ H.R. 8294 requires the Advisory Committee to
be permanently reestablished and governed by the Federal
Advisory Committee Act.\31\ The Advisory Committee will be
comprised of 27 members, with equal representation from
employers, labor, and apprenticeship stakeholders. These
appointments should represent a diversity of sectors and
geography, including stakeholders involved in expanding the
diversity of participants. The bill sets four-year terms and
requires members' terms to be staggered.
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\29\The NAA states: ``The Secretary of Labor may . . . appoint
national advisory committees to serve without compensation. Such
committees shall include representatives of employers, representatives
of labor, educators, and officers of other executive departments, with
the consent of the head of any such department.'' 29 U.S.C. Sec. 50a.
\30\U.S. Dep't Labor Employment and Training Administration,
Development of the Revised Regulations for the National Apprenticeship
System, https://www.doleta.gov/oa/pdf/
Development_revised_regulations.pdf.
\31\5 U.S.C. app. 2, Sec. Sec. 1-16.
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The Advisory Committee is expected to play an active role
in advising the Secretary on increasing access to the national
apprenticeship system. It will also advise the DOL on: the
development and implementation of guidance, rules, and
regulations; improvements to the registration process;
increasing the participation of nontraditional populations;
increasing the participation of nontraditional apprenticeable
occupations; updates to existing apprenticeable occupations;
and convening sector leaders to create new frameworks for
industry-recognized occupational standards.
ROLE OF STATES
The NAA 2020 codifies the roles and responsibilities of the
SAAs and requirements for SAA recognition. The legislation
maintains the current practice of ensuring that all states have
either a state-funded SAA or a federally funded SOA.\32\
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\32\See Appendix A to this report for a breakdown of SAA and SOA
states.
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SAA Recognition, Authority, and Derecognition
H.R. 8294 codifies and streamlines the existing DOL
requirements regarding SAA recognition, authority, and
derecognition, all of which are contained in the RA and EEO
regulations.\33\ In addition, the legislation establishes a new
requirement for the submission of a four-year state plan as
part of the SAA recognition process. As part of H.R. 8294,
derecognition criteria includes the failure to develop a state
plan and state performance level goals under the plan. Under
the legislation, existing SAAs maintain their authority to
recognize programs under the national apprenticeship system and
convene a state apprenticeship council, which is established to
assist and advise an SAA. The legislation makes clear that
state apprenticeship councils should not be carrying out the
roles and responsibilities of the SAA with regard to
recognizing and registering programs under the national
apprenticeship system. State apprenticeship councils must be
fairly balanced among employers, labor organizations or joint
labor-management organizations, and members of the public, and,
to the extent practicable, have at least one member from the
state workforce board.
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\33\29 C.F.R. Sec. 29.3, 29.13, 29.14, 30.18.
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The process to derecognize SAAs generally tracks existing
RA and EEO regulations, with the Administrator providing
technical assistance to help SAAs come into compliance with the
requirements of the legislation or to achieve the state's
performance goals. If such compliance or improvement in
performance is not achieved, the Administrator will reduce
funding for the SAA by five percentage points annually, and if
no improvements are made, the Administrator may withdraw the
SAA's recognition.
State Plan
As mentioned above, every state, whether an SAA or SOA
state, is required to submit a four-year state plan as part of
this legislation. Many of the elements of the state plan are
taken from existing RA and EEO regulations. This includes
reciprocity for programs approved by another SAA or the
Administrator, a plan to promote diversity in apprenticeable
occupations and ensure equal opportunity to participate in
programs through outreach and recruitment, a mechanism for
lodging and resolving complaints, and the establishment and
oversight of state apprenticeship councils.
New to this bill are the following state plan requirements.
Technical assistance. States are expected to
describe how they will provide technical assistance to
apprenticeship stakeholders in the areas of:
recruitment, retention, program development or
expansion, and implementation; meeting performance
goals; and achieving the state goals in diversity and
equal opportunity.
State apprenticeship hubs. States are
expected to establish regional apprenticeship hubs
throughout the state to support local efforts to engage
employers through industry and sector partnerships in
regionally specific occupations.
State apprenticeship performance outcomes.
States are expected to establish goals for state levels
of performance using the core WIOA indicators of
performance for adults and youth, establish goals for
diversity and equal opportunity, and describe how they
will collect and report this data to the OA.
Use of funds. States are expected to provide
a description of how they will use funding provided in
the legislation under the dedicated funding for states.
Alignment of workforce activities, state
strategic vision, and strategy for any joint planning,
alignment, coordination, and leveraging of funds.
States are required to submit as part of their state
plan a description of each of the following, each of
which are already required as part of WIOA and the
Strengthening Career and Technical Education for the
21st Century Act\34\ (Perkins CTE) and should align
with existing submissions under those laws.
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\34\20 U.S.C. Sec. 44.
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Alignment of workforce
activities. A summary of state-supported
workforce development activities; a summary of
the apprenticeship programs on the list of
eligible training providers approved by the
state or local workforce board; and a summary
of the degree to which the programs under the
national apprenticeship system are aligned with
the needs of employers in the state as
identified by the state workforce board.
State strategic vision. A
summary of the state's strategic vision and
goals for preparing an educated and skilled
workforce and for meeting the skilled workforce
needs of employers as well as the contributions
of the state apprenticeship system in meeting
these goals.
Strategy for any joint planning,
alignment, coordination, and leveraging of
funds. A summary of alignment between the
state's apprenticeship system and its workforce
system, education system, and any other related
workforce or job training state or federal
assistance programs.
SAA Funding, Matching Requirements, and Grant Formula
H.R. 8294 contains funding for states broken into two
parts. The legislation directs one-third of the funds to be
equally distributed to all states and outlying areas\35\ and
two-thirds of the funds to be distributed via formula to SAAs.
This funding structure is similar to that used by the DOL to
distribute apprenticeship grants in FY 2019.\36\ It is designed
to ensure that all eligible states and outlying areas receive
an equal base level of funding. The additional funds to SAAs
are distributed according to a formula that considers the
state's relative apprenticeship program size, completion rate,
overall labor force size, and economic need (as measured by
unemployment and poverty).
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\35\The term ``outlying area'' is defined in the NAA 2020 as
``American Samoa, Guam, the Commonwealth of the Northern Mariana
Islands, and the United States Virgin Islands.''
\36\Letter from Molly E. Conway, Acting Assistant Secretary,
Employment and Training Administration, to State Governors et al., (May
3, 2019), https://wdr.doleta.gov/directives/attach/TEGL/TEGL_17-
18_acc.pdf (Training and Employment Guidance Letter No. 17-18 at 5).
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An annual stream of formula funding for SAAs will allow
them to hire more staff to carry out the requirements of the
legislation as well as provide additional funding to support
the recruitment of participants, employers, and other
stakeholders to the national apprenticeship system. The
importance of consistent state funding was highlighted by
testimony from the Secretary of the Maryland Department of
Labor, Tiffany Robinson: ``Sustainable funding, whether formula
funding or long-term grants of six to ten years, would allow
true program building to scale. Sustained funding also
reassures the business community, school systems, college
systems, and community partners that Apprenticeship is being
invested in for the long term and is a good partnership.''\37\
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\37\Robinson Testimony at 9.
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To determine each SAA's allocation under the formula, H.R.
8294 factors in eligible SAA states' relative share of total
apprentices, but it also considers their five-year
apprenticeship completion rates in equal measure, providing
states an incentive to improve their completion rates. The
formula in H.R. 8249 also offers slightly greater funds to
states in which the population experiences greater economic
need by accounting for poverty in place of the FY 2019 DOL
formula's job openings measure.
Pursuant to H.R. 8294, the federal formula grants will be
allocated in the following manner:
one-third of the formula funds will be
equally distributed among all eligible states and
outlying areas; and
two-thirds of the formula funds will be
distributed to eligible states with SAAs, allocated as
follows:
one-quarter based on each
state's relative share\38\ of program
participants--including apprentices, pre-
apprenticeships, and youth apprentices--based
on the most recent data available from the OA;
one-quarter based on each
state's grantees' relative share of program
participants who have completed a program
during the most recent five-year period, based
on the most recent satisfactory data available
from the OA; and
one-half based on data from the
American Community Survey of the U.S. Census
Bureau and the U.S. Bureau of Labor Statistics,
allocated as follows:
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\38\Throughout the formula, an eligible state's ``relative share''
is the state's share of the factor relative to the sum of the factor
for all eligible states.
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one-third based on each state's
relative share of the civilian labor
force;
one-third based on each state's
relative share of individuals living
below the federal poverty line; and
one-third based on each state's
relative share of unemployed
individuals.
For SAAs to receive the full formula allocation from the
two-thirds of the federal funds reserved for SAAs, the NAA 2020
requires that SAAs provide a 25 percent match using non-federal
resources. However, the legislation provides significant
flexibility regarding the matching requirement. The match can
be satisfied with non-federal grant funds or other resources
contributed by non-governmental entities, state funding for
apprenticeship initiatives, or by other means such as in-kind
contributions in the form of salaries or office space. SAAs are
provided a grace period of one year after enactment of the NAA
2020 before they must meet their match requirement. During this
grace period, SAAs will receive the full formula allocation. If
an SAA cannot meet the full match after the grace period, their
funding is ratably reduced proportionate to the state
contribution below 25 percent, except in the case of
exceptional circumstances as determined by the Administrator.
States are expected to use not less than 10 percent of the
total amount of their federal grant funding for engaging with
the state education system to strengthen alignment with the
secondary, postsecondary, and adult education systems. In
addition, not less than 10 percent of their federal grant
funding should be used for engaging with the state workforce
system. Not more than 15 percent of their federal grant funding
can be reserved for state leadership activities to support
state-specific initiatives (such as the expansion of youth
apprenticeships); of this, at least five percent must be used
for expanding diversity in both apprenticeship programs and in
apprenticeship participant populations.
As noted above, Section 113 of the amendments to the
National Apprenticeship Act authorizes federal grants to states
in the amount of $75 million in FY 2021, and the amounts
increase by $10 million each year thereafter to reach $115
million by the end of the five-year authorization period.
Appendix B to this report shows how federal grant funding
is expected to be distributed. Estimates were provided by the
Congressional Research Service (CRS) in October 2020, at which
time 27 states had established SAAs.\39\ In FY 2021, for
example, CRS estimates that 30 states and outlying areas will
receive the base allocation of approximately $446,400, while
the 27 states with SAAs will receive significantly larger
grants.\40\
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\39\Benjamin Collins, Cong. Rsch. Serv., Estimated Allotments Under
Proposed Apprenticeship Grant 1-2 (2020) (non-public report to House
Committee on Education and Labor; see Appendix B). The Congressional
Research Service analysis relies on the list of SAAs published by the
DOL. See State Contact List, U.S. Dep't of Labor, https://
www.doleta.gov/OA/contactlist.cfm (last visited Oct. 28, 2020).
\40\Benjamin Collins, Cong. Rsch. Serv., Estimated Allotments Under
Proposed Apprenticeship Grant 1-2 (2020) (non-public report to House
Committee on Education and Labor; see Appendix B).
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INTERAGENCY AGREEMENT
To foster stronger coordination between the DOL and the
Department of Education, the NAA 2020 requires the two agencies
to enter into an interagency agreement to support the alignment
of the apprenticeship system with the educational systems at
the secondary, postsecondary, and adult education levels. The
need for this was highlighted by Morna Foy, President of the
Wisconsin Technical College System, who testified that, ``an
interagency agreement should be established between the Federal
departments of Labor and Education as acknowledgement that
apprenticeship is more than just workforce development.
Apprenticeship--as the Wisconsin model has shown--is a highly
effective, cost-neutral path to postsecondary credential
attainment, individual learning and career success.''\41\
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\41\Foy Testimony at 4.
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The interagency agreement is intended to clarify how the
Secretaries of each agency will provide support for the
replication and scale of programs under the national
apprenticeship system and for a network of postsecondary
institutions offering programs under such system. The intention
is not for the Secretaries to create curriculum for related
instruction, but rather to support the sharing of resources and
models created at the state and local levels on curriculum and
instruction, especially with regard to:
updating high school academic requirements
and academic credit-granting curricula at the secondary
level, as well as at the postsecondary and adult
education level where applicable;
translating skills and competencies into
pathways to secondary and postsecondary credit and
recognized postsecondary credentials; and
providing prior learning assessments and
competency-based education aligned to competency-based
and hybrid apprenticeship programs, as applicable.
EVALUATIONS AND RESEARCH
The NAA 2020 creates a robust performance evaluation
system. It codifies the requirement for programs under the
national apprenticeship system to report on core indicators of
performance established under WIOA and the completion rates of
each registered program as compared to goals established under
the state plan. States are required to collect data on the core
indicators described below from programs registered in their
state, as available (not all programs will have data to report
on each of the six indicators in every quarter), and report
this data to the OA annually. The six indicators\42\ are:
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\42\29 U.S.C. Sec. 3141(b)(A)(i). Youth apprenticeships have
slightly different performance indicators, which in WIOA are: ``(I) the
percentage of program participants who are in education or training
activities, or in unsubsidized employment, during the second quarter
after exit from the program; (II) the percentage of program
participants who are in education or training activities, or in
unsubsidized employment, during the fourth quarter after exit from the
program; and (III) the primary indicators of performance described in
subclauses (III) through (VI) of subparagraph A(i)'' (subclauses (III)
through (VI) are listed in the text above). 29 U.S.C.
Sec. 3141(b)(A)(ii).
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(I) the percentage of program participants who are in
unsubsidized employment during the second quarter after
exit from the program;
(II) the percentage of program participants who are
in unsubsidized employment during the fourth quarter
after exit from the program;
(III) the median earnings of program participants who
are in unsubsidized employment during the second
quarter after exit from the program;
(IV) the percentage of program participants who
obtain a recognized postsecondary credential, or a
secondary school diploma or its recognized equivalent
(subject to clause (iii)),\43\ during participation in
or within 1 year after exit from the program;
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\43\29 U.S.C. Sec. 3141(b)(A)(iii). Clause (iii) states: ``(iii)
Indicator relating to credential.--For purposes of clause (i)(IV), or
clause (ii)(III) with respect to clause (i)(IV), program participants
who obtain a secondary school diploma or its recognized equivalent
shall be included in the percentage counted as meeting the criterion
under such clause only if such participants, in addition to obtaining
such diploma or its recognized equivalent, have obtained or retained
employment or are in an education or training program leading to a
recognized postsecondary credential within 1 year after exit from the
program.'' Id.
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(V) the percentage of program participants who,
during a program year, are in an education or training
program that leads to a recognized postsecondary
credential or employment and who are achieving
measurable skill gains toward such a credential or
employment; and
(VI) the indicators of effectiveness in serving
employers established pursuant to clause (iv).\44\
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\44\29 U.S.C. Sec. 3141(b)(A)(iv). Clause (iv) states: ``(iv)
Indicator for services to employers.--Prior to the commencement of the
second full program year after the date of enactment of this Act, for
purposes of clauses (i)(VI), or clause (ii)(III) with respect to clause
(i)(VI), the Secretary of Labor and the Secretary of Education, after
consultation with the representatives described in paragraph (4)(B),
shall jointly develop and establish, for purposes of this subparagraph,
1 or more primary indicators of performance that indicate the
effectiveness of the core programs in serving employers.'' Id.
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H.R. 8294 requires SAAs and SOAs (whichever exists in the
state) to provide an annual report to the Administrator on the
performance of programs registered in their state, including
information on the performance indicators, equal opportunity in
apprenticeship programs, average time to completion, cost per
participant, and number of participants receiving supportive
services. As mentioned above, the bill includes requirements
for each state to report on levels of performance required
under WIOA and completion rates for registered programs. This
includes a requirement to disaggregate such data by program
type (apprenticeship, youth apprenticeship, or pre-
apprenticeship) and by race, ethnicity, sex, age, and
individuals with barriers to employment as defined under WIOA.
It is critical to disaggregate this information to the greatest
extent it can be disaggregated in order to accurately measure
the impact and efficacy of such programs for each subgroup as
well as to cross tabulate the disaggregated data.
Similar to current practice under the RA and EEO
regulations,\45\ each registered program must take part in a
comprehensive review not less than once every five years. If a
program is found to be out of compliance with the
apprenticeship agreement or requirements of this legislation--
or if a program is annually underperforming on any of the
indicators of performance--the legislation requires that
technical assistance be provided and a performance improvement
plan be implemented. If performance does not improve according
to the methods and timeframe specified in the bill, the program
may face deregistration. The process for deregistration in the
bill is similar to current practice under the RA and EEO
regulations, such as allowing for a hearing if desired by the
sponsor and informing apprentices of the program sponsor's
deregistration in a timely manner.
---------------------------------------------------------------------------
\45\29 C.F.R. Pts. 29, 30.
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EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP
The NAA 2020 codifies and streamlines existing EEO
regulations\46\ throughout Title I of the amendments to the
National Apprenticeship Act. Nothing in the NAA 2020 precludes
the Secretary, when promulgating regulations to implement the
legislation, from retaining any of the existing EEO regulations
as in effect on January 31, 2020, so long as they do not
conflict with the legislation.
---------------------------------------------------------------------------
\46\See 29 C.F.R. Pt. 30 (the NAA 2020 codifies similar
requirements).
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Relation to Other Laws
Section 6 of the amendments to the National Apprenticeship
Act ensures that any law that provides greater civil rights
protections than those provided in H.R. 8294 are not
invalidated by this legislation.\47\
---------------------------------------------------------------------------
\47\See 29 C.F.R. Sec. 30.1.
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The Office of Apprenticeship
Section 111 of the amendments to the National
Apprenticeship Act requires the Administrator to both ensure
diversity in occupations under the national apprenticeship
system--especially in high-skill, high-wage, or in-demand
occupations in geographic areas with high percentages of low-
income individuals--and codify existing regulations regarding
equal employment opportunity in apprenticeship programs. By
requiring that programs under the national apprenticeship
system adopt and implement current policies to provide for
equal opportunity standards in 20 C.F.R. section 30.3,\48\ the
legislation codifies the prohibition on discrimination as well
as the duty to engage in affirmative action programs.\49\ H.R.
8294 also codifies the requirements for program sponsors for
dissemination of equal opportunity policy; universal outreach
and recruitment; assignment of EEO responsibility; ensuring
programs are free from harassment, intimidation, and
retaliation (including anti-harassment training and procedures
for handling harassment and retaliation complaints); compliance
with other federal and state equal employment opportunity laws;
and adoption and dissemination of the equal opportunity
pledge.\50\ It also clarifies that violations of any of these
requirements are subject to enforcement action under the
Evaluation section of the bill. Additionally, this section
requires the Administrator to provide assistance in receiving
and resolving complaints.\51\
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\48\29 C.F.R. Sec. 30.3.
\49\See 29 C.F.R. Sec. 30.4 (the NAA 2020 codifies this
requirement).
\50\See 29 C.F.R. Sec. 30.17 (the NAA 2020 codifies this
requirement).
\51\See 29 C.F.R. Sec. 30.14 (including complaints similar to the
NAA 2020).
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State Apprenticeship Agencies and State Offices of Apprenticeship
Section 113 of the amendments to the National
Apprenticeship Act describes the requirements of the SAAs to
maintain recognition and create a comprehensive state plan. As
part of the state plan, which must be carried out by SAAs and
SOAs, states must do the following.
They must promote diversity in
apprenticeable occupations as described above and
uniformly adopt and implement the requirements set
forth for equal opportunity and outreach to
nontraditional populations.\52\ States must ensure that
programs they register conduct targeted outreach to
nontraditional apprenticeship populations, including
individuals with barriers to employment such as
individuals with disabilities.\53\
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\52\See 29 C.F.R. Sec. 30.18 (the NAA 2020 codifies a similar
requirement).
\53\See 29 C.F.R. Sec. 30.8, 30.11 (the NAA 2020 codifies similar
requirements related to targeted outreach, recruitment, and retention;
as well as those related to invitation to self-identify as an
individual with a disability).
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They must establish or maintain a system to
receive and resolve complaints, including complaints
concerning equal employment opportunity or
discrimination, violations of the apprenticeship
agreement, or violations of requirements of this
legislation.\54\
---------------------------------------------------------------------------
\54\See 29 C.F.R. Sec. 30.14 (the NAA 2020 codifies a similar
requirement).
---------------------------------------------------------------------------
They must adopt state performance goals,
including the performance goals as described in Section
116 of WIOA, goals for completion, and goals for
participation in apprenticeship programs by groups
according to race, sex, ethnicity, and--to the extent
practicable--disability status. The latter goal must be
compared to the working-age population in the
geographic area from which the sponsor usually seeks or
reasonably could seek program participants and who meet
the minimum eligibility requirements for entry into the
program.\55\ This goal should be set using the data and
tools provided to the state by the DOL, as is currently
done. This data will be collected annually and reported
in relation to the goals established, and it will be
submitted to the DOL as part of the report described in
the Evaluation section of the legislation.
---------------------------------------------------------------------------
\55\See 29 C.F.R. Sec. 30.5-.8 (the NAA 2020 codifies similar
requirements related to: the utilization analysis for race, sex, and
ethnicity; utilization goals for race, sex, and ethnicity; and
utilization goals for individuals with disabilities).
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Corrective action must be taken by the Administrator for a
state's failure to make good-faith efforts to meet these
goals.\56\ This section of the bill codifies the criteria for
corrective action or sanction (withholding of funds) and
derecognition of SAAs. The criteria include failure to adopt
and properly enforce the EEO requirements of a state plan and
failure to meet the state levels of performance or demonstrate
satisfactory improvements in performance for three consecutive
years.\57\
---------------------------------------------------------------------------
\56\See 29 C.F.R. Sec. 30.15 (the NAA 2020 codifies a similar
requirement).
\57\Id.
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Process and Standards for the National Apprenticeship System
Subtitle B of Title I of the amendments to the National
Apprenticeship Act codifies and streamlines the standards for
apprenticeship programs and establishes the standards for youth
apprenticeship and pre-apprenticeship programs. Requirements
for all three programs include: providing safe work
environments for the participants; providing adequate training
for mentors and instructors on safe work and training
environments; recording and maintaining all necessary
records;\58\ and providing all individuals an equal opportunity
to participate in programs under the national apprenticeship
system.\59\ As part of the apprenticeship agreement, the
sponsor must provide a demonstration of, a commitment to, and
compliance with, the diversity requirements described in
Section 111 of the amendments to the National Apprenticeship
Act.
---------------------------------------------------------------------------
\58\See 29 C.F.R. Sec. 30.12 (the NAA 2020 codifies a similar
requirement related to recordkeeping).
\59\See 29 C.F.R. Sec. 30.10 (the NAA 2020 codifies a similar
requirement related to selection of apprentices).
---------------------------------------------------------------------------
Sponsors must maintain the documentation necessary for the
registration agency to show that all potential program
participants and all program participants are receiving an
equal opportunity in recruitment, training, and employment.
This could include:
documentation summarizing the qualifications
of each applicant;
the basis for evaluation of and selection or
rejection of each applicant;
the records pertaining to interviews of
applicants;
the original application for each applicant;
information related to the operation of the
registered program, including job assignment,
promotion, demotion, layoff, or termination;
rates of pay and other forms of compensation
or conditions of work;
hours of work and, separately, hours of
training provided; or
other records pertinent to a determination
of compliance with these requirements.
Program Evaluations
Section 131 of the amendments to the National
Apprenticeship Act describes the evaluation requirements for
programs under the national apprenticeship system and the
requirements for program review and deregistration. Each state
must report annually on the performance of programs registered
in their state and disaggregate program data by race,
ethnicity, sex, age, and membership in a population included in
the WIOA definition of ``individual with a barrier to
employment,'' as is currently done with WIOA performance
data.\60\ If the data shows that a program is failing to reach
the state's goals, the program will receive technical
assistance and become subject to a program improvement
plan.\61\
---------------------------------------------------------------------------
\60\This aligns with the DOL apprenticeship regulations at 29
C.F.R. Sec. 30.9.
\61\See 29 C.F.R. Sec. 30.13 (the NAA 2020 codifies a similar
requirement related to equal employment opportunity compliance
reviews).
---------------------------------------------------------------------------
The registration agency must conduct a comprehensive
program review of each program they have registered at least
once every five years, as is current practice. A program may be
deregistered for failing to improve its performance or for not
complying with the requirements of this legislation, including
the EEO requirements.\62\
---------------------------------------------------------------------------
\62\See 29 C.F.R. Sec. 30.15 (the NAA 2020 codifies similar
enforcement actions regarding non-compliance with EEO requirements).
---------------------------------------------------------------------------
GRANT PROGRAM EXPANSION
The NAA 2020 creates the Modernizing Apprenticeship for the
21st Century Grants program, which establishes four core areas
of grantmaking for programs under the national apprenticeship
system, including:
supporting the creation or expansion of RA,
youth apprenticeship, and pre-apprenticeship programs,
including in nontraditional apprenticeship occupations
and for nontraditional apprenticeship populations;
encouraging employer participation and
recruitment for individuals with barriers to
employment, including individuals impacted by the
criminal justice system;
supporting national industry and equity
intermediaries as well as intermediaries at the
regional or local level; and
establishing or expanding educational
alignment with programs under the national
apprenticeship system.
The bill prioritizes grant applicants that serve a high
number or high percentage of participants who are from
nontraditional apprenticeship populations and that provide
opportunities in high-wage, high-skill, or in-demand sectors
and occupations. It includes a robust grant program to support
the creation or expansion of RAs, youth apprenticeships, and
pre-apprenticeships, including in nontraditional apprenticeship
occupations and nontraditional apprenticeship populations. As
noted in the table above entitled Authorization of
Appropriations and Funding Sources under the National
Apprenticeship Act of 2020, the bill authorizes $400 million in
FY 2021 and increases $100 million annually to reach $800
million in FY 2025.
Grant Application
To ensure consistency, the bill creates a single grant
program application within which the grant applicant can
describe proposed activities from the four categories above. To
be eligible to apply for the grant program, applicants must
demonstrate a partnership with at least two of the following
entities: a state or local workforce development board or a
state or local workforce agency, an education or training
provider or a consortium of providers, an SAA, an Indian Tribe
or Tribal organization, an industry or sector partnership, a
group of employers, a trade association, a professional
association that sponsors or participates in a program under
the national apprenticeship system, a governor, a labor
organization or joint labor-management organization, a
community-based organization that assists program participants
in accessing supportive services, or a qualified intermediary.
To the extent practicable, applicants must also be part of an
industry or sector partnership. As part of the application
process, eligible applicants are required to submit to the
Administrator a description of the grant's purpose; a list of
its grant partners; the ability of the applicant to enroll,
instruct, advance, and graduate grant program participants
served by the grant activities; and the ability of the
applicant to support program sponsors and employers.
Eligible applicants must also provide a labor market
analysis demonstrating the need to create or expand the
proposed program under the national apprenticeship system along
with a plan to align the activities supported by the grant with
the labor market needs of high-skill, high-wage, or in-demand
industry sectors or occupations. If appropriate, the grant
applicant is required to include a plan showing coordination
with activities carried out under other relevant statutes. The
grant application must also include a plan to recruit and
retain program participants for apprenticeship, pre-
apprenticeship, or youth apprenticeship programs--including
from nontraditional apprenticeship populations such as women,
minorities, individuals with disabilities, individuals impacted
by the criminal or juvenile justice systems, and individuals
with barriers to employment--and how such plan will support the
eligible applicant in meeting the equal opportunity
requirements for diversity. Eligible applicants must also
describe strategies to recruit and support employers involved
in programs under the national apprenticeship system.
Eligible applicants must describe how they will provide
information to the Administrator, including program performance
data, and how they will coordinate grant activities with an SAA
(if such agency exists in the state where the eligible
applicant is carrying out the grant). The bill includes
specific additional requirements for grant applications seeking
to expand existing programs under the national apprenticeship
system. It also includes additional requirements based on the
allowable grant activities the applicant will be carrying out.
Grant Funds
All grant applicants must match at least 25 percent of the
funds awarded to them directly or through donations from non-
federal, public, or private organizations, in cash or in-kind,
fairly evaluated. This requirement may be waived if the
applicant demonstrates exceptional circumstances that prevented
the applicant from meeting the requirement such as: the entity
serves a high proportion of individuals with barriers to
employment; uncontrollable circumstances (such as a natural
disaster); or a precipitous and unforeseen decline in financial
resources. All grantees must also reserve at least five percent
of their grant funds for direct financial assistance for
program participants through emergency grants in order to
ensure that all participants can successfully participate in
and complete the program.
Grant applicants may also use the grant funds for a variety
of other activities, including establishing or expanding
partnerships; conducting outreach and recruitment activities
for program participants or apprenticeship stakeholders like
sponsors, employers, industry associations, labor and joint
labor-management organizations, intermediaries, or education
and training providers; or to support the transition to virtual
or remote learning or training. Additional uses of funds are
allowable depending on the grant activities being carried out.
Grant Evaluations
The legislation requires there be both an independent
evaluation of the grant program and an annual and final report
from each of the grantees. While each of the grant recipients
must provide for the reports from the funds received under the
grant, the Secretary maintains flexibility on how the
independent evaluations will be financed. The reports from the
grantees must include information such as how the funds were
used, the number of participants served by the grant, the
average cost per participant, and the percentage of
participants that received supportive services. The data
contained in the reports should be disaggregated by program
type (apprenticeship, youth apprenticeship, or pre-
apprenticeship) and by race, ethnicity, sex, age, and
membership in a population defined in WIOA's ``individual with
a barrier to employment'' definition.
The legislation also requires the Administrator to prepare
an interim and final evaluation of the grant program, both of
which must be provided to Congress and made publicly available.
The reports must contain information regarding how the grant
program has improved participation of nontraditional
apprenticeship populations; the attainment of recognized
postsecondary credentials above what would have occurred in the
absence of the grant; how the programs respond to labor market
data; how they align with high-skill, high-wage, and in-demand
industry sectors and occupations; and the extent to which they
reach a wide variety of industry sectors and occupations.
TRUMP ADMINISTRATION ACTIONS ON IRAPS
The NAA 2020 does not authorize the IRAPs that are being
advanced by the DOL under the Trump Administration. In the
course of developing this legislation, IRAP regulations and
spending were examined, and significant programmatic weaknesses
were identified. The fundamental weakness of the IRAP design is
that quality standards are in the purview of private
accreditors, rather than the DOL, and thus the responsibility
for ensuring the quality of the programs and the protection and
welfare of apprentices is not the responsibility of the
Secretary.
In June 2017, the White House issued an Executive Order
(EO) 13801 to ``Expand Apprenticeships in America'' that
directed the DOL to establish a Task Force and develop a
parallel program to the successful RA system called IRAPs.\63\
The Task Force recommended that the DOL develop a pilot program
to test out the new concept, but it did not call for creating a
new nationwide program.\64\ Rather than pilot the concept, on
March 11, 2020, the DOL issued a final rule establishing IRAPS,
claiming as their legal authority the National Apprenticeship
Act.\65\ Over 300,000 comments were filed, many of which raised
concerns or opposition.\66\ The final rule currently exempts
construction occupations from the IRAP regulation,\67\ although
the construction carve-out is opposed by various construction
and contractor associations.\68\
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\63\Exec. Order No. 13,801, 82 Fed. Reg. 28229 (June 1, 2017).
\64\Task Force on Apprenticeship Expansion, Final Report to: The
President of the United States 34 (2018), https://www.dol.gov/
apprenticeship/docs/task-force-apprenticeship-expansion-report.pdf.
\65\Apprenticeship Programs, Labor Standards for Registration,
Amendment of Regulations, 85 Fed. Reg. 14,294 (Mar. 11, 2020) (to be
codified at 29 C.F.R. Pt. 29).
\66\Apprenticeship Programs, Labor Standards for Registration,
Amendment of Regulations, 84 Fed. Reg. 29,970 (June 25, 2019) (to be
codified at 29 C.F.R. Pt. 29).
\67\Apprenticeship Programs, Labor Standards for Registration,
Amendment of Regulations, 85 Fed. Reg. 14,294 (Mar. 11, 2020) (to be
codified at 29 C.F.R. Pt. 29).
\68\Apprenticeship Programs, Labor Standards for Registration,
Amendment of Regulations, 84 Fed. Reg. 29,970 (June 25, 2019) (to be
codified at 29 C.F.R. Pt. 29).
---------------------------------------------------------------------------
The Trump Administration's justification for establishing
IRAPs is grounded in the assertion that the current RA system
is not capable of expanding apprenticeships in emerging, high-
growth sectors.\69\ Nothing could be further from the truth.
Testimony before the HEWI Subcommittee from technology,
insurance, and health care industries points to the growing use
of RAs in non-traditional and high-growth sectors. Jace
Noteboom, Talent Director at IBM Systems, for example,
testified: ``Since the start of our apprenticeship program in
2017, IBM has hired over 500 apprentices across roles ranging
from mainframe computer administration to cybersecurity to data
science . . . We have registered more than 25 new roles in
information technology with the US Department of Labor.''
---------------------------------------------------------------------------
\69\Exec. Order No. 13801, 82 Fed. Reg. 28229 (June 1, 2017).
---------------------------------------------------------------------------
RAs have also demonstrated the ability to increase
opportunities for diverse populations in the health care
sector, as described in the testimony of Daniel Bustillo, the
Executive Director of H-CAP: ``Since launching our first cohort
of apprentices in November 2016, H-CAP has supported the
registration of over 1,500 apprentices across 8 states with
multiple employers. Of these apprentices, 82% are women and a
majority (60%) are people of color.''\70\
---------------------------------------------------------------------------
\70\Bustillo Testimony at 3.
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The DOL lacks the authority to issue the IRAP rule, or
expend funds to implement it, because the DOL's rule does not
meet all five of the mandatory requirements in the National
Apprenticeship Act.\71\ Particularly concerning is that states
will not have oversight of IRAPs operating withing their
borders. This will result in two sets of apprenticeship
programs with different proficiency standards.
---------------------------------------------------------------------------
\71\The five requirements of the National Apprenticeship Act are
described in the introduction section of the Committee Views.
---------------------------------------------------------------------------
The DOL is currently recognizing a loose network of SREs,
or non-RA program accreditors.\72\ SREs, in turn, evaluate and
recognize IRAPs. SREs are provided autonomy to set
accreditation standards and may be trade associations or for-
profit entities, including employers and training
providers.\73\ There is no evidence that the IRAP model will be
effective in ensuring program quality or welfare of
participants. The proliferation of low-quality higher education
and job training programs financed with federal student aid
funds raises concerns that IRAP certificates of completion will
not meet the same high standards as certificates earned through
an RA, which will shortchange program participants and
taxpayers.
---------------------------------------------------------------------------
\72\Approved Standards Recognition Entities, Apprenticeship.gov,
https://www.apprenticeship.gov/employers/industry-recognized-
apprenticeship-program/approved-
standards-recognition-entities (last visited Nov. 3, 2020).
\73\Apprenticeship Programs, Labor Standards for Registration,
Amendment of Regulations, 85 Fed. Reg. 14,294, 14388 (Mar. 11, 2020)
(to be codified at 29 C.F.R. Pt. 29).
---------------------------------------------------------------------------
Moreover, under the March 11, 2020, regulation, SREs can
wear multiple hats.\74\ A single SRE can certify programs,
produce curriculum materials, and even operate its own
programs.\75\ This invites significant conflicts of interest,
which the Department acknowledges but has taken no clear steps
to prevent through the final IRAP regulations.\76\
---------------------------------------------------------------------------
\74\Id.
\75\Id.
\76\Id.
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NATIONAL APPRENTICESHIP ACT OF 2020 TREATMENT OF IRAPS
H.R. 8294 incorporates all five of the core apprenticeship
program requirements currently in the National Apprenticeship
Act. It does not provide new authority to allow for non-
governmental third parties to approve apprenticeship programs
as requested by current DOL leadership. The bill does not
authorize the creation of IRAPs or SREs or codify the DOL
regulations that establish IRAPs. Finally, it does not
authorize funding for program administration or grants to carry
out IRAPs because IRAPs do not meet the requirements for
inclusion in the national apprenticeship system.
CONCLUSION
The National Apprenticeship Act was first authorized in
1937 during a time when the country was experiencing
significant economic hardship and people were looking for
career opportunities, much like the economy and challenges the
U.S. faces today. The NAA 2020 updates the National
Apprenticeship Act to codify and streamline existing standards
and RA and EEO regulations, and it builds in requirements for
equal employment opportunity in apprenticeship programs. It
authorizes $3.9 billion over five years to scale up programs
under the national apprenticeship system, which are a proven
earn-and-learn model. With staggering levels of unemployment,
and the need for millions to find new careers due to the COVID-
19 pandemic, it is imperative that Congress reauthorize this
program and provide our nation with nearly one million new
apprenticeship, pre-apprenticeship, and youth apprenticeship
opportunities.
Section-by-Section Analysis
Section 1. Short title
This section states that the title of the bill is the
National Apprenticeship Act of 2020 (the Act or this Act).
Section 2. Effective date
This section states that the Act and amendments made by it
will take effect July 1, 2021.
Section 3. Amendment
This section amends the Act of August 16, 1937 (commonly
referred to as the National Apprenticeship Act), and all
contents hereafter in this section contain amendments to the
National Apprenticeship Act.
Section 1. Short title and table of contents
This section specifies that the Act may be cited as the
National Apprenticeship Act of 2020.
Section 2. Definitions
This section defines key terms, including the following.
Nontraditional apprenticeship populations.
This means any group of individuals the members of
which comprise fewer than 25 percent of the individuals
participating in an apprenticeable occupation.
Nontraditional apprenticeship occupations.
This means any occupation that represents fewer than 10
percent of programs under the national apprenticeship
system.
National apprenticeship system. This means
apprenticeships, youth apprenticeships, and pre-
apprenticeships that meet the standards of this Act and
are registered.
Program participants. This mean apprentices,
youth apprentices, or pre-apprentices.
Recognized postsecondary credentials. This
has the same meaning as such term is defined in WIOA,
except that the definition in this Act does not include
the certificate of completion of an apprenticeship
program.
Registration agency. This means the agency
that is responsible for registering programs under the
national apprenticeship system, whether an SAA, SOA, or
the OA.
Section 3. Programs under the national apprenticeship
system
This section ensures that any funds appropriated under the
Act are used only for programs under the national
apprenticeship system.
Section 4. Transition provisions
This section provides for an orderly transition between the
existing law and the amendments made by the National
Apprenticeship Act of 2020.
Section 5. Disaggregation of data
This section ensures data disaggregation will not occur
when such disaggregation would result in the release of
personally identifiable information.
Section 6. Relation to other laws
This section provides that nothing in this Act invalidates
or limits the remedies, rights, and procedures under any
federal law or the law of any state or political subdivision of
any state or jurisdiction that provides greater or equal
protection for individuals based on race, color, religion,
national origin, sex, sexual orientation, age, genetic
information, or disability than are afforded by this Act.
Section 111. The Office of Apprenticeship
This section codifies the OA within the Employment and
Training Administration of the DOL, specifies that it is to be
headed by an Administrator, and outlines the responsibilities
of the OA, which include:
engaging in promotional and awareness
activities with stakeholders to expand programs under
the national apprenticeship system;
providing technical assistance to SAAs and
programs for compliance, complaints, program
development, grant delivery and execution, and sharing
of best practices;
cooperating with the Secretary of Education
by providing technical assistance to states and
supporting the stackability and portability of academic
credit and credentials earned as part of such programs,
including through articulation agreements and career
pathways;
establishing and overseeing an SOA in states
without an SAA;
reviewing the standards for the registration
process and apprenticeable occupations for programs
under the national apprenticeship system. This includes
the establishment and oversight of industry-recognized
apprenticeable occupation standards for apprenticeable
occupations that could be used by any sponsors across
the country; however, this does not include IRAPs,
which have been promoted by the DOL under this
Administration. The Act requires that, within one year
and after consultation with industry and expert
stakeholders, the Secretary issue regulations regarding
standards and requirements for apprenticeable
occupations;
promoting diversity of apprenticeship
programs and ensuring equal opportunity for
participation in programs under the national
apprenticeship system, including through supporting the
recruitment of nontraditional apprenticeship
populations like women, people of color, and
individuals with barriers to employment; and
consulting with the Advisory Committee.
This section also requires the OA to establish a single
data collection system to support the collection of performance
data and to provide a publicly accessible website with
information on programs under the national apprenticeship
system, including available program offerings, program
performance, and program credentials.
Section 112. National Advisory Committee on Apprenticeships
This section codifies the Advisory Committee within the DOL
to advise the Secretary on policies, regulations, improving
efficiencies, and the establishment of nontraditional
apprenticeable occupations. It states that the Advisory
Committee shall have 27 members appointed by the Secretary and
designates as ex officio representatives from several federal
agencies. This section delineates the categories of
participants, establishes staggered four-year terms, and sets
the frequency of meetings.
Section 113. State Apprenticeship Agencies and State
Offices of Apprenticeship
This section codifies the requirements to recognize SAAs,
authorizes SAAs to approve programs under the national
apprenticeship system within their state, and authorizes SAAs
to establish and use a state apprenticeship council. This
section requires SAAs and SOAs to submit a state plan to the
Administrator that describes how the SAA or SOA will:
provide technical assistance to sponsors,
employers, program participants, and relevant
stakeholders;
provide reciprocity of programs under the
national apprenticeship system within 30 days;
promote diversity and equal opportunity in
programs under the national apprenticeship system
within their state;
resolve complaints from program
participants, employers, sponsors, or other interested
parties;
establish state apprenticeship hubs to act
as regional centers for best practices and program
expansion;
establish state performance goals, including
goals on diversity within apprenticeship programs
within the state and support the recruitment of
nontraditional apprenticeship populations;
describe the alignment of workforce
activities with the state's apprenticeship activities,
including the state's strategic vision for an educated
and skilled workforce, and a strategy for joint
planning, alignment, coordination, and leveraging of
funds with state and federal programs, as is done in
WIOA and Perkins CTE; and
describe how apprenticeship programs will
receive expedited consideration to be included on the
list of eligible providers of training services under
Section 122(d) of WIOA.\77\
---------------------------------------------------------------------------
\77\29 U.S.C. 3122(d).
---------------------------------------------------------------------------
This section dedicates funding for SAAs and SOAs,
authorized at $75 million in FY 2021 and increasing by $10
million annually to reach $115 million in FY 2025, with one-
third of the funds equally distributed to all states and
outlying areas and two-thirds of the funds distributed via
formula to SAAs. This section also directs how these funds can
be used, including for program administration; educational
alignment (not less than 10 percent); workforce alignment (not
less than 10 percent); and state leadership activities (no more
than 15 percent), which includes requirements for using funding
for increasing diversity within the programs offered and
populations participating in the state.
Sec. 114. Interagency agreement with Department of
Education
This section requires the Secretaries of Labor and
Education to enter into an interagency agreement to promote and
support integration and alignment among secondary,
postsecondary, and adult education with programs under the
national apprenticeship system. This section also sets out the
activities the interagency agreement must include:
aligning youth apprenticeship programs and
high school graduation requirements;
creating an apprenticeship college
consortium or network of higher education institutions,
apprenticeship program instructors, sponsors, qualified
intermediaries, and employers to promote stronger
connections between programs under the national
apprenticeship system and participating 2- and 4-year
postsecondary educational institutions;
developing and disseminating best practices;
and
establishing a data sharing agreement.
Section 121. Apprenticeable occupations standards
This section codifies the requirements for apprenticeable
occupation qualifications and authorizes industry-recognized
apprenticeable occupations overseen by the Secretary.
Section 122. Quality standards of programs under the
national apprenticeship system
This section sets the standards for apprenticeship, pre-
apprenticeship, and youth apprenticeship programs. The
standards require that all programs under the national
apprenticeship system:
provide organized and clearly written plans
for related instruction, alignment of the program to
high-skill, high-wage, or in-demand industry sectors
and occupations, mentoring, and recognized
postsecondary credentials;
meet required safety standards and training,
including providing necessary accommodations, free from
discrimination, including harassment and retaliation;
maintain all necessary records, including
for veterans and eligible individuals to use
educational benefits for programs under the national
apprenticeship system;
provide all individuals with equal
opportunity to participate in programs under the
national apprenticeship system;
provide an apprenticeship agreement and a
certificate of completion for each program participant;
and
provide a ratio of apprentices to
supervisors based on the occupation, best practices,
supervision, safety, relative hazards of the
occupation, and employment continuity.
The standards specific to apprenticeship programs include:
an organized and clearly written plan
addressing the on-the-job learning and related
instruction the apprentices will receive, including
whether the program will be time-based, competency-
based, or a hybrid of the two models;
a schedule of progressively increasing wages
to be paid to apprentices and the program's term of
apprenticeship;
ongoing evaluation of skill and competency
development, including an expected timeline for such
evaluation;
an award of advanced standing or credit for
eligible individuals, including veterans' service-
acquired skills and competencies;
minimum qualifications for participants; and
any interim credentials awarded.
The standards for pre-apprenticeship programs, which
prepare individuals to meet the requirements to enter an
apprenticeship program, include:
a formal agreement with at least one
apprenticeship program to inform the training and
education needed as part of the pre-apprenticeship
program; and
career exposure, career planning, and career
awareness activities.
The standards for youth apprenticeship programs are
intended to prepare students who are currently enrolled in high
school for entry into an apprenticeship program, further
education, or employment upon completion of the youth
apprenticeship program and graduation, and include:
a clearly defined plan for classroom-based
related instruction and on-the-job learning similar to
the apprenticeship standards, which can be fulfilled
through dual or concurrent enrollment that is, to the
extent practicable, aligned to high school diploma
requirements;
a schedule of progressively increasing wages
to be paid to youth apprentices and the program's terms
of the youth apprenticeship;
awarding advanced standing or credit for
eligible individuals;
minimum qualifications for participants; and
any interim credentials awarded.
Section 123. Apprenticeship agreement
This section codifies the requirements for the
apprenticeship agreement between the program sponsor and the
apprentice, pre-apprentice, or youth apprentice. These
agreements contain the program standards under Section 122,
including:
a description of the time-based, competency-
based, or hybrid model;
a description of the related instruction,
including the hours and related costs such as equipment
and related instruction, and the recognized
postsecondary credentials the program participants
would receive;
a schedule of the work processes;
the graduated wage scale, benefits, and how
such wages and benefits compare to the state, local, or
regional wages for apprentices or youth apprentices;
and
a demonstrated commitment to ensuring equal
opportunity for participation in programs under the
national apprenticeship system, including through
supporting the recruitment of nontraditional
apprenticeship populations like women, people of color,
and individuals with barriers to employment.
Section 124. Registration of programs under the national
apprenticeship system
This section codifies the process for registering programs
under the national apprenticeship system, including the
information that is required of the registration agency, the
registration approval process, and the process for
modifications or changes to programs once registered.
Sec. 131. Apprenticeship program evaluations
This section requires that the registration agencies
collect data on performance accountability indicators for all
programs they have registered, which include the core
performance accountability indicators required under WIOA and
program completion rates. Each SAA or SOA must annually submit
a performance report to the Administrator, which contains the
following information, disaggregated by program type
(apprenticeship, pre-apprenticeship, youth apprenticeship) and
by the disaggregated fields as required in WIOA, including:
the levels of performance for programs in
the state as compared to the state performance goals;
the sponsor's performance on ensuring
diversity and equal opportunity as compared to the
working age population in the recruitment area of the
program;
the percentage of program participants that
obtain unsubsidized employment in a field related to
the apprenticeable occupation;
the average time to completion;
the average cost per participant;
the percentage of program participants that
received supportive services; and
information on state uses of funds.
This section codifies the existing requirement that
registration agencies conduct reviews of each program they have
registered at least once every five years. Registration
agencies can provide technical assistance to program sponsors
that need assistance in:
meeting the state goals for diversity and
equal opportunity;
developing a program improvement plan if the
program is not in operation or complying with the
requirements of the Act; or
achieving the state goals for levels of
performance.
The registration agency can take corrective action and may
deregister a program if:
the sponsor consistently fails to register
at least one apprentice, pre-apprentice, or youth
apprentice;
the program shows a pattern of poor results
on indicators over a period of three years;
the program does not improve in the areas
set out by the registration agency in a performance
plan; or
the sponsor does not administer the program
in a manner that complies with the program's
registration or with this Act's requirements.
Sec. 132. National apprenticeship system research
This section establishes requirements for the Secretary to
conduct research on the programs and activities related to
programs under the national apprenticeship system through an
independent entity. The research must address:
programs' general effectiveness related to
their costs, including through the improvement of
skills and competencies, employment, recognized
postsecondary credentials, and responsiveness to the
labor market;
the impact of the policy changes made by the
National Apprenticeship Act of 2020;
best practices for increasing nontraditional
apprenticeship populations' participation; and
opportunities to scale effective program
models.
Sec. 141. Authorization of appropriations
This section authorizes appropriations for the OA at $50
million in FY 2021 (an increase of $14 million from the $36
million appropriation in FY 2020), which increases by $10
million annually to reach $90 million in FY 2025. It also
authorizes appropriations for the Interagency Agreement at $10
million in FY 2021, which increases by $2 million annually to
reach $18 million in FY 2025.
Sec. 201. Grant requirements
This section authorizes the Administrator to award grants
to eligible entities for the purpose of:
engaging in creation and expansion
activities, including creating new apprenticeships in
nontraditional apprenticeship industries or occupations
or expanding existing programs for apprenticeships,
pre-apprenticeships, and youth apprenticeships;
encouraging employer participation in the
national apprenticeship system, including:
targeting individuals with
barriers to employment for participation,
prioritizing nontraditional apprenticeship
populations such as women, minorities, long-
term unemployed, individuals with a disability,
individuals with substance abuse issues,
veterans, military spouses, individuals
experiencing homelessness; individuals impacted
by the criminal or juvenile justice systems,
and foster and former foster youth;
providing opportunities in high-
need social service-related industries,
sectors, or occupations, such as direct care
workers and early childhood educators;
targeting individuals currently
or recently incarcerated; or
supporting small- and medium-
sized employers;
supporting intermediaries, including:
national industry intermediaries
to expand programs under the national
apprenticeship system in key sectors such as
manufacturing, information technology, cyber
security, health care, insurance and finance,
energy, hospitality, retail, construction, and
other sectors identified by the Secretary and
the Advisory Committee;
equity intermediaries to support
nontraditional apprenticeship populations such
as women, minorities, individuals with
disabilities, and individuals impacted by the
criminal or juvenile justice systems; or
local or regional intermediaries
to promote and expand programs through training
or related instruction, engagement with local
education providers to align with
apprenticeship programs, providing participants
with access to supportive services, and
providing technical assistance for sponsors;
and
strengthening alignment between programs
under the national apprenticeship system with education
and training providers at the secondary and
postsecondary levels.
This section establishes the duration of grants and the
requirement for grantees to match no less than 25 percent of
the grant funds. The eligible entity may make the matching
funds available directly or through donations from non-federal,
public, or private organizations, in cash or in kind. This
requirement may be waived for exceptional circumstances. This
section requires the prioritization of grant awards for
eligible entities proposing to serve a high number or high
proportion of nontraditional apprenticeship populations as well
as the geographically diverse distribution of awards. It also
requires the demonstration of partnerships with stakeholders to
be eligible for a grant, including an industry or sector
partnership to the extent practicable.
This section establishes the grant application
requirements, including a description of:
the ability of the eligible entity to carry
out the grant requirements;
a labor market analysis for the geographic
area that is being served by the grant;
a description of potential program
participants and strategies to support recruitment,
retention, and completion, including for nontraditional
apprenticeship populations and individuals with
barriers to employment, and strategies to recruit and
support employers;
a plan to:
comply with evaluation
requirements;
coordinate activities across
various federal programs including Perkins CTE,
the Elementary and Secondary Education Act of
1965,\78\ the Higher Education Act of 1965,\79\
and WIOA;
---------------------------------------------------------------------------
\78\20 U.S.C. 6301.
\79\20 U.S.C. Chapter 28.
---------------------------------------------------------------------------
use funds for this grant and
continue the program after the grant period
ends; and
recruit and retain program
participants, including from nontraditional
populations, and how this plan will support the
eligible entity in meeting the equal
opportunity requirements of this Act; and
additional requirements based on the
activities being carried out by the eligible entity.
Section 202. Uses of funds
This section establishes eligible uses of grant funds based
on activities being carried out by the eligible entity, and it
requires that at least five percent of all grant funds awarded
be reserved for providing emergency grants to program
participants to support their financial needs to enter, remain
enrolled in, and complete such program, including, for example,
support for the related costs of supplies and equipment,
courses, transportation, child care, or housing.
Section 203. Grant evaluations
This section establishes that each grant recipient must
conduct an annual independent evaluation of the activities
conducted under the grant and submit it to the registration
agency and Secretary. The annual report requirements mirror the
evaluation requirements from Title I of the amendments to the
National Apprenticeship Act as well as a description of how
grant funds were used and how many program participants were
served by the grant.
Section 204. Grant appropriations
This section authorizes appropriations to carry out the
grant activities at $400 million in FY 2021 and increases by
$100 million annually to reach $800 million in FY 2025.
Section 4. Conforming amendments
This section modifies a current provision of the
Immigration and Nationality Act that directs 50 percent of H-1B
visa fees collected by the U.S. Government to the DOL for job
training programs to be used for the Modernizing the National
Apprenticeship System for the 21st Century Grants.
Explanation of Amendments
The amendments, including the Amendment in the Nature of a
Substitute, are explained in the descriptive portions of this
report.
Application of Law to the Legislative Branch
Pursuant to section 102(b)(3) of the Congressional
Accountability Act, Pub. L. No. 104-1, H.R. 8294, as amended,
does not apply to terms and conditions of employment or to
access to public services or accommodations within the
legislative branch.
Unfunded Mandate Statement
Pursuant to Section 423 of the Congressional Budget and
Impoundment Control Act (as amended by section 101(a)(2) of the
Unfunded Mandates Reform Act, Pub. L. No. 104-4), H.R. 8294, as
amended, contains no unfunded mandates.
Earmark Statement
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 8294, as amended, does not
contain any congressional earmarks, limited tax benefits, or
limited tariff benefits as described in clauses 9(e), 9(f), and
9(g) of rule XXI.
Roll Call Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following roll call votes occurred during the Committee's
consideration of H.R. 8294:
Statement of Performance Goals and Objectives
Pursuant to clause (3)(c) of rule XIII of the Rules of the
House of Representatives, the goals of H.R. 8294 are to
increase the number of apprenticeship opportunities by nearly
one million above the current baseline by authorizing grant
funding; codifying standards for RAs, pre-apprenticeships and
youth apprenticeships; safeguarding the welfare of apprentices;
and providing educational alignment among secondary,
postsecondary, and adult education with programs under the
national apprenticeship system.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee states that no
provision of H.R. 8294, as amended, establishes or reauthorizes
a program of the federal government known to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Pub. L. No. 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Hearings
Pursuant to section 103(i) of H. Res. 6 for the 116th
Congress, the following hearings were used to develop H.R.
8294.
On March 27, 2019, the HEWI Subcommittee held a hearing
entitled ``Innovations in Expanding Registered Apprenticeship
Programs'' that was used to develop H.R. 8294. This hearing
explored expanding RAs, which combine on-the-job training and
work-based learning opportunities. The HEWI Subcommittee heard
testimony from an intermediary, apprenticeship sponsors, and a
provider of related instruction to share their models for RAs
in both traditional and nontraditional industries, such as
insurance and technology. The witnesses were: Ms. Jennifer
Carlson, Executive Director, Apprenti, Seattle, WA; Mr. James
G. Pavesic, Director of Education and Training, United
Association of Journeymen and Apprentices of the Plumbing,
Pipefitting and Sprinkler Fitting Industry of the United States
and Canada, Annapolis, MD; Mr. Mark Hays, Vice Chancellor of
Workforce and Economic Development, Dallas County Community
College District, Dallas, TX; and Ms. Bridget Gainer, Vice
President of Global Public Affairs, Aon, Chicago, IL.
On July 16, 2019, the HEWI Subcommittee held a bipartisan
hearing entitled ``Scaling Up Apprenticeships: Building on the
Success of International Apprenticeship Models'' that was used
to develop H.R. 8294. This hearing explored the features of
effective apprenticeship models in Switzerland, Germany, and
Australia, and it provided insights on best practices that can
be successfully applied in the United States. The witnesses
were: Mr. Tim Bradley, Counsellor for Industry, Science and
Education, Department of Education, Embassy of Australia,
Washington, DC; Dr. Silvia Annen, Senior Researcher, BIBB-
Federal Institute for Vocational Education and Training, Bonn,
Germany; and Dr. Simon Marti, Head of Office, SwissCore,
Brussels, Belgium.
On November 20, 2019, the HEWI Subcommittee held a hearing
entitled ``Examining the Policies and Priorities of the Labor
Department's Apprenticeship Program'' that was used to develop
H.R. 8294. This hearing examined the DOL activities and
expenditures related to RAs and probed the DOL's actions to
misdirect appropriated funds into its IRAP proposal. The
witness was Mr. John Pallasch, Assistant Secretary of the
Employment and Training Administration, U.S. Department of
Labor, Washington, DC.
On March 4, 2020, the HEWI Subcommittee held a bipartisan
hearing entitled ``Reauthorizing the National Apprenticeship
Act: Strengthening and Growing Apprenticeships for the 21st
Century'' that was used to develop H.R. 8294 and included
consideration of a discussion draft of the legislation. Current
stakeholders in the RA system discussed the need for
reauthorization of the National Apprenticeship Act and how a
reauthorization, as outlined in the discussion draft of the
legislation, could improve stakeholders' ability to better
serve both apprentices and employers. The witnesses were: Ms.
Tiffany P. Robinson, Secretary, Maryland Department of Labor,
Baltimore, MD; Ms. Morna K. Foy, Ph.D., President, Wisconsin
Technical College System, Madison, WI; Ms. Jace Noteboom,
Talent Director, IBM Systems, Armonk, NY; and Mr. Daniel
Bustillo, Executive Director, Healthcare Career Advancement
Program, New York, NY.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the descriptive portions of this report.
New Budget Authority and CBO Cost Estimate
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and section 308(a) of the
Congressional Budget Act of 1974, and pursuant to clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 402 of the Congressional Budget Act
of 1974, the Committee has received the following estimate for
H.R. 8294 from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 4, 2020.
Hon. Bobby Scott,
Chairman, Committee on Education and Labor,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 8294, the National
Apprenticeship Act of 2020.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Meredith
Decker.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
The bill would
Authorize appropriations for the Department
of Labor (DOL) to fund apprenticeship programs
Direct DOL to conduct studies and issue
guidance on apprenticeship standards of practice
Estimated budgetary effects would primarily stem from
Spending of specified authorizations of
appropriations for apprenticeship programs through DOL
Bill summary: H.R. 8294 would authorize the Department of
Labor (DOL) to award grants to eligible entities for
apprenticeship programs. The bill would codify the structure
and responsibilities of the Office of Apprenticeship and the
National Advisory Committee on Apprenticeship within DOL and
authorize appropriations for those activities. Standards for
registered apprenticeship programs would be set in statute. The
bill also would direct DOL to hire an independent research
entity to evaluate apprenticeship programs. Assuming
appropriation of the authorized amounts, CBO estimates that
implementing H.R. 8294 would cost $3.1 billion over the 2021-
2025 period.
Estimated Federal cost: The estimated budgetary effect of
H.R. 8294 is shown in Table 1. The costs of the legislation
fall within budget function 500 (education, employment,
training, and social services).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 8294
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
------------------------------------------------
2021 2022 2023 2024 2025 2021-2025
----------------------------------------------------------------------------------------------------------------
Administrative Activities:
Authorization.............................................. 135 157 179 201 223 895
Estimated Outlays.......................................... 14 103 140 168 192 617
Apprenticeship Grants:
Authorization.............................................. 400 500 600 700 800 3,000
Estimated Outlays.......................................... 40 480 580 630 725 2,455
Total Changes:
Authorization.......................................... 535 657 779 901 1,023 3,895
Estimated Outlays...................................... 54 583 720 798 917 3,072
----------------------------------------------------------------------------------------------------------------
CBO estimates that enacting H.R. 8294 would have an insignificant effect on direct spending.
Basis of estimate: For this estimate, CBO assumes that H.R.
8294 will be enacted early in fiscal year 2021 and that
authorized amounts will be appropriated over the 2021-2025
period. Estimated outlays are based on spending patterns for
similar programs.
Spending subject to appropriation
H.R. 8294 would authorize appropriations of $3.9 billion
over the 2021-2025 period. CBO estimates that spending would
total $3.1 billion over that period.
Administrative activities. Title I would codify DOL as the
administrator of a national apprenticeship system and direct
the agency to collect data and evaluate programs. The bill
would authorize appropriations totaling $895 million over the
2021-2025 period for those purposes. CBO estimates that outlays
would total $617 million over the same period and $260 million
after 2025. The bill also would direct DOL to contract with an
independent entity to evaluate the efficacy of apprenticeship
programs, at a cost that CBO estimates would be insignificant
over the 2021-2025 period.
Apprenticeship grants. H.R. 8294 would authorize
appropriations totaling $3 billion for DOL to award grants to
eligible entities to create and promote apprenticeships. CBO
estimates that the resulting outlays would total $2.5 billion
over the 2021-2025 period and $0.5 billion after 2025.
Direct spending
Enacting H.R. 8294 would have insignificant effects on
direct spending for the Department of Veterans Affairs and the
Department of Labor.
Department of Veterans Affairs. H.R. 8294 would require
state agencies to use money authorized under the bill to
support the enrollment of people who are eligible for education
benefits administered by the Department of Veterans Affairs.
The costs of those benefits are paid from mandatory
appropriations. CBO expects that some people who are eligible
for those benefits would newly use them for apprenticeship
programs and that others, who otherwise would have used their
benefits to enroll in postsecondary education programs (which
typically would be more costly), would instead use them for
apprenticeship programs. CBO estimates that the net changes in
outlays under H.R. 8294 would not significantly affect direct
spending over the 2021-2030 period.
Department of Labor. Under current law, DOL spends a
portion of funds collected through H-1B visa fees on job
training and certain demonstration projects. The bill would
state that those funds are to be spent on registered
apprenticeship programs instead. CBO estimates that the
resulting change in outlays over the 2021-2030 period would be
insignificant.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. As discussed above under the heading ``Direct
Spending'' those effects would be insignificant.
Increase in long-term deficits: None.
Mandates: None.
Estimate prepared by: Federal Costs: Meredith Decker and
Susan Yeh Beyer (Department of Labor), Paul B.A. Holland
(Department of Veterans Affairs); Mandates: Fiona Forrester.
Estimate reviewed by: Sheila Dacey, Chief, Income Security
and Education Cost Estimates Unit; David Newman, Chief,
Defense, International Affairs, and Veterans' Affairs Cost
Estimates Unit; H. Samuel Papenfuss, Deputy Director of Budget
Analysis; Theresa Gullo, Director of Budget Analysis.
Committee Cost Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H.R. 8294.
However, clause 3(d)(2)(B) of that rule provides that this
requirement does not apply when the committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act of 1974.
Pursuant to clause 3(d)(1) of rule XIII, the Committee adopts
as its own the cost estimate prepared by the Director of the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, H.R. 8294, as reported, are shown as follows:
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
ACT OF AUGUST 16, 1937
AN ACT To enable the Department of Labor to formulate and promote the
furtherance of labor standards necessary to safeguard the welfare of
apprentices and to cooperate with the States in the promotion of such
standards.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, [That the
Secretary of Labor is hereby authorized and directed to
formulate and promote the furtherance of labor standards
necessary to safeguard the welfare of apprentices, to extend
the application of such standards by encouraging the inclusion
thereof in contracts of apprenticeship, to bring together
employers and labor for the formulation of programs of
apprenticeship, to cooperate with State agencies engaged in the
formulation and promotion of standards of apprenticeship, and
to cooperate with the National Youth Administration and with
the Office of Education of the Department of the Interior in
accordance with section 6 of the Act of February 23, 1917 (39
Stat. 932), as amended by Executive Order Numbered 6166, June
10, 1933, issued pursuant to an Act of June 30, 1932 (47 Stat.
414), as amended. For purposes of this Act the term ``State''
shall include the District of Columbia.]
[Sec. 2. The Secretary of Labor may publish information
relating to existing and proposed labor standards of
apprenticeship, and may appoint national advisory committees to
serve without compensation. Such committees shall include
representatives of employers, representatives of labor,
educators, and officers of other executive departments, with
the consent of the head of any such department.
[Sec. 3. On and after the effective date of this Act the
National Youth Administration shall be relieved of direct
responsibility for the promotion of labor standards of
apprenticeship as heretofore conducted through the division of
apprenticeship training and shall transfer all records and
papers relating to such activities to the custody of the
Department of Labor. The Secretary of Labor is authorized to
appoint such employees as he may from time to time find
necessary for the administration of this Act, with regard to
existing laws applicable to the appointment and compensation of
employees of the United States: Provided, however, That he may
appoint persons now employed in division of apprentice training
of the National Youth Administration upon certification by the
Civil Service Commission of their qualifications after
nonassembled examinations.
[Sec. 4. This Act shall take effect on July 1, 1937, or as
soon thereafter as it shall be approved.]
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Apprenticeship Act''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Programs under the national apprenticeship system.
Sec. 4. Transition provisions.
Sec. 5. Disaggregation of data.
Sec. 6. Relation to other laws.
Title I--Promoting Programs under the National Apprenticeship System
Subtitle A--The Office of Apprenticeship, State Registration Agency
Approval Process, and Interagency Agreement
Sec. 111. The Office of Apprenticeship.
Sec. 112. National Advisory Committee on Apprenticeships.
Sec. 113. State apprenticeship agencies and State Offices of
Apprenticeship.
Sec. 114. Interagency agreement with Department of Education.
Subtitle B--Process and Standards for the National Apprenticeship System
Sec. 121. Apprenticeable occupations standards.
Sec. 122. Quality standards of programs under the national
apprenticeship system.
Sec. 123. Apprenticeship agreements.
Sec. 124. Registration of programs under the national apprenticeship
system.
Subtitle C--Evaluations and Research
Sec. 131. Program evaluations.
Sec. 132. National apprenticeship system research.
Subtitle D--General Provisions
Sec. 141. Authorization of appropriations.
Title II--Modernizing the National Apprenticeship System for the
21st Century Grants
Sec. 201. Grant requirements.
Sec. 202. Uses of Funds.
Sec. 203. Grant evaluations.
Sec. 204. Grant appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the Office of Apprenticeship
established under section 111(a).
(2) Advisory committee.--The term ``Advisory
Committee'' means the National Advisory Committee on
Apprenticeships established under section 112.
(3) Apprentice.--The term ``apprentice'' means a
program participant in an apprenticeship program.
(4) Apprenticeship agreement.--The term
``apprenticeship agreement'' means a written agreement
under section 123 between--
(A) an apprentice, a youth apprentice, or a
pre-apprentice; and
(B) a sponsor.
(5) Apprenticeship hub.--The term ``apprenticeship
hub'' means a regional or sectoral qualified
intermediary recognized by a State apprenticeship
agency or a State Office of Apprenticeship as
organizing and providing activities and services
related to the development of programs under the
national apprenticeship system.
(6) Apprenticeable occupation.--The term
``apprenticeable occupation'' means an occupation that
the Administrator has determined meets the requirements
of section 121.
(7) Apprenticeship program.--The term
``apprenticeship program'' means a program that meets
the standards described in section 122(b) and is
registered under this Act.
(8) Competency.--The term ``competency'' means the
attainment of knowledge, skills, and abilities in a
subject area, as specified by an occupational skill
standard and demonstrated by an appropriate written or
hands-on proficiency measurement.
(9) Department.--The term ``Department'' means the
Department of Labor.
(10) Education and training provider.--The term
``education and training provider'' means--
(A) an area career and technical education
school;
(B) an early college high school;
(C) an educational service agency;
(D) a high school;
(E) a local educational agency or State
educational agency;
(F) a Tribal educational agency, Tribally
controlled college or university, or Tribally
controlled postsecondary career and technical
institution;
(G) a postsecondary educational institution;
(H) a minority-serving institution (as
described in any of paragraphs (1) through (7)
of section 371(a) of the Higher Education Act
of 1965 (20 U.S.C. 1067q(a)));
(I) a provider of adult education and
literacy activities under the Adult Education
and Family Literacy Act (29 U.S.C. 3271 et
seq.);
(J) a local agency administering plans under
title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.), other than section 112 or
part C of that title (29 U.S.C. 732, 741);
(K) a related instruction provider, including
a qualified intermediary acting as a related
instruction provider as approved by a
registration agency; or
(L) a consortium of entities described in any
of subparagraphs (A) through (K).
(11) Eligible entity.--
(A) In general.--The term ``eligible entity''
means--
(i) a program sponsor;
(ii) a State workforce development
board or State workforce agency, or a
local workforce development board or
local workforce development agency;
(iii) an education and training
provider, or a consortium thereof;
(iv) if the applicant is in a State
with a State apprenticeship agency,
such State apprenticeship agency;
(v) an Indian Tribe or Tribal
organization;
(vi) an industry or sector
partnership, a group of employers, a
trade association, or a professional
association that sponsors or
participates in a program under the
national apprenticeship system;
(vii) a Governor;
(viii) a labor organization or joint-
labor management organization; or
(ix) a qualified intermediary.
(B) Sponsor requirement.--Not fewer than one
entity under subparagraph (A) shall be the
sponsor of a program under the national
apprenticeship system.
(12) Indian tribe; tribal organization.--The terms
``Indian Tribe'' and ``Tribal organization'' have the
meaning given the terms (without regard to
capitalization) in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).
(13) Interim credential.--The term ``interim
credential'' means a credential issued by a
registration agency, upon request of the appropriate
sponsor, as certification of competency attainment by a
program participant during participation in a program
under the national apprenticeship system.
(14) Journeyworker.--The term ``journeyworker'' means
a worker who has attained a level of skill, abilities,
and competencies recognized within an industry as
having mastered the skills and competencies required
for the occupation.
(15) National apprenticeship system.--The term
``national apprenticeship system'' means the
apprenticeship programs, youth apprenticeship programs,
and pre-apprenticeship programs that meet the
requirements of this Act.
(16) Nontraditional apprenticeship population.--The
term ``nontraditional apprenticeship population'' means
a group of individuals (such as a group of individuals
from the same gender or race), the members of which
comprise fewer than 25 percent of the program
participants in an apprenticeable occupation under the
national apprenticeship system.
(17) Nontraditional apprenticeship industry or
occupation.--The term ``nontraditional apprenticeship
industry or occupation'' refers to an industry sector
or occupation that represents fewer than 10 percent of
apprenticeable occupations or the programs under the
national apprenticeship system.
(18) Pre-apprentice.--The term ``pre-apprentice''
means a program participant in a pre-apprenticeship
program.
(19) Pre-apprenticeship program.--The term ``pre-
apprenticeship program'' means a training model or
program that--
(A) prepares individuals for acceptance into
an apprenticeship program;
(B) meets the standards described in section
122(c); and
(C) is registered under this Act.
(20) Program participant.--The term ``program
participant'' means an apprentice, a pre-apprentice, or
a youth apprentice.
(21) Qualified intermediary.--
(A) In general.--The term ``qualified
intermediary'' means an entity that
demonstrates expertise in building, connecting,
sustaining, and measuring the performance of
partnerships described in subparagraph (B) and
serves program participants and employers by--
(i) connecting employers to programs
under the national apprenticeship
system;
(ii) assisting in the design and
implementation of such programs,
including curriculum development and
delivery for related instruction;
(iii) supporting entities, sponsors,
or program administrators in meeting
the registration and reporting
requirements of this Act;
(iv) providing professional
development activities such as training
to mentors;
(v) connecting students or workers to
programs under the national
apprenticeship system;
(vi) developing and providing
personalized program participant
supports, including by partnering with
organizations to provide access to or
referrals for supportive services and
financial advising;
(vii) providing services, resources,
and supports for development, delivery,
expansion, or improvement of programs
under the national apprenticeship
system; or
(viii) serving as a program sponsor.
(B) Partnerships.--The ``partnerships
described in subparagraph (A)'' means
partnerships among entities involved in
programs under the national apprenticeship
system, including--
(i) industry or sector partnerships;
(ii) partnerships among employers,
joint labor-management organizations,
labor organizations, community-based
organizations, industry associations,
State or local workforce development
boards, education and training
providers, social service
organizations, economic development
organizations, Indian Tribes or Tribal
organizations, one-stop operators, or
one-stop partners, in the State
workforce development system; or
(iii) partnerships among one or more
of the entities described in clauses
(i) and (ii).
(22) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' has the meaning
given the term in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102), except that such
term does not include a certificate of completion of an
apprenticeship.
(23) Registration agency.--The term ``registration
agency'' means the State Office of Apprenticeship or
State apprenticeship agency in a State that is
responsible for--
(A) approving or denying applications from
sponsors for registration of programs under the
national apprenticeship system in the State or
area covered by the registration agency; and
(B) carrying out the responsibilities of
supporting the youth apprenticeship, pre-
apprenticeship, or apprenticeship programs
registered by the registration agency.
(24) Related instruction.--The term ``related
instruction'' means an organized and systematic form of
instruction that meets the requirements of section
122(b)(1)(C).
(25) Related federal programs.--The term ``related
Federal programs'' means programs or activities under
the following:
(A) The Workforce Innovation and Opportunity
Act (29 U.S.C. 3101 et seq.), including adult
education and literacy activities under such
Act.
(B) The Wagner-Peyser Act (29 U.S.C. 49 et
seq.).
(C) The Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.).
(D) The Higher Education Act of 1965 (20
U.S.C. 1001 et seq.).
(E) The Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.).
(F) Title I of the Rehabilitation Act of 1973
(29 U.S.C. 720 et seq.).
(G) Title V of the Older Americans Act of
1965 (42 U.S.C. 3056 et seq.).
(H) Career and technical education programs
at the postsecondary level under the Carl D.
Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302).
(I) Chapter 2 of title II of the Trade Act of
1974 (19 U.S.C. 2271 et seq.).
(J) Chapter 41 of title 38, United States
Code.
(K) Employment and training activities
carried out under the Community Services Block
Grant Act (42 U.S.C. 9901 et seq.).
(L) Employment and training activities
carried out by the Department of Housing and
Urban Development.
(M) State unemployment compensation laws (in
accordance with applicable Federal law).
(N) Section 231 of the Second Chance Act of
2007 (34 U.S.C. 60541).
(O) Part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.).
(P) Employment and training programs carried
out by the Small Business Administration.
(Q) Section 6(d)(4) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2015(d)(4)).
(R) Educational assistance programs under
chapters 30 through 36 of title 38, United
States Code.
(26) Secretary.--The term ``Secretary'' means the
Secretary of Labor.
(27) Sponsor.--The term ``sponsor'' means an
employer, joint labor-management organization, trade
association, professional association, labor
organization, education and training provider, or
qualified intermediary that is applying to administer
and operate a program under the national apprenticeship
system.
(28) State apprenticeship agency.--The term ``State
apprenticeship agency'' means a State agency recognized
as a State apprenticeship agency under section 113.
(29) State apprenticeship council.--The term ``State
apprenticeship council'' means an entity established
under section 113(b)(3) to assist the State
apprenticeship agency.
(30) State office of apprenticeship.--The term
``State office of apprenticeship'' means the office
designated by the Administrator to administer programs
under the national apprenticeship system in such State
and meets the requirements of section 111(b)(3).
(31) State or local workforce development boards.--
The terms ``State workforce development board'' and
``local workforce development board'' have the meanings
given the terms ``State board'' and ``local board'',
respectively, in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).
(32) State workforce agency.--The term ``State
workforce agency'' means the State agency with
responsibility for workforce investment activities
under chapters 2 and 3 of subtitle B of title I of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3121 et seq., 3131 et seq.).
(33) CTE terms.--The terms ``area career and
technical education school'', ``articulation
agreement'', ``credit transfer agreement'',
``postsecondary educational institution'', ``Tribally
controlled college or university'', ``Tribally
controlled postsecondary career and technical
institution'', and ``work-based learning'' have the
meanings given in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2302).
(34) ESEA terms.--The terms ``dual or concurrent
enrollment program'', ``early college high school'',
``education service agency'', ``high school'', ``local
educational agency'', ``paraprofessional'', and ``State
educational agency'' have the meanings given in section
8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(35) Tribal educational agency.--The term ``Tribal
educational agency'' has the meaning given the term in
section 6132 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7452).
(36) WIOA terms.--The terms ``career pathway'', ``in-
demand industry sector or occupation'', ``individual
with a barrier to employment'', ``industry or sector
partnership'', ``labor market area'', ``local area'',
``one-stop center'', ``one-stop operator'', ``one-stop
partner'', ``State'', ``supportive services'' and
``workforce development system'' have the meanings
given in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(37) Youth apprentice.--The term ``youth apprentice''
means a participant in a youth apprenticeship program.
(38) Youth apprenticeship program.--The term ``youth
apprenticeship program'' means a model or program that
meets the standards described in section 122(d) and is
registered under this Act.
SEC. 3. PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM.
Any funds appropriated under this Act shall only be used for,
or provided to, programs under the national apprenticeship
system, including any funds awarded for the purposes of grants,
contracts, or cooperative agreements, or the development,
implementation, or administration, of program under the
national apprenticeship system.
SEC. 4. TRANSITION PROVISIONS.
The Secretary shall take such steps as are necessary to
provide for the orderly transition to the authority of this Act
(as amended by the National Apprenticeship Act of 2020) from
any authority under the Act of August 16, 1937 (commonly
referred to as the ``National Apprenticeship Act''; 50 Stat.
664, chapter 663; 29 U.S.C. 50 et seq.), as in effect on the
day before the date of enactment of the National Apprenticeship
Act of 2020.
SEC. 5. DISAGGREGATION OF DATA.
The disaggregation of data under this Act shall not be
required when the number of program participants in a category
is insufficient to yield statistically reliable information or
when the results would reveal personally identifiable
information about a program participant or would reveal such
information when combined with other released information.
SEC. 6. RELATION TO OTHER LAWS.
Nothing in this Act shall invalidate or limit the remedies,
rights, and procedures under any Federal law or the law of any
State or political subdivision of any State or jurisdiction
that provides greater or equal protection for individuals based
on race, color, religion, national origin, sex, sexual
orientation, age, genetic information, or disability than are
afforded by this Act.
TITLE I--PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM
Subtitle A--The Office of Apprenticeship, State Registration Agency
Approval Process, and Interagency Agreement
SEC. 111. THE OFFICE OF APPRENTICESHIP.
(a) Establishment of the Office of Apprenticeship.--There is
established, in the Employment and Training Administration of
the Department of Labor, an Office of Apprenticeship (referred
to in this section as the ``Office''), which shall be directed
by an Administrator who has demonstrated knowledge of the
national apprenticeship system necessary to head the Office.
(b) Responsibilities.--The Administrator shall be responsible
for the administration of this Act, including:
(1) Promotion and awareness activities.--The
Administrator shall carry out promotion and awareness
activities, including the following:
(A) Supporting the development or scaling of
apprenticeship models nationally, promoting the
effectiveness of youth apprenticeship, pre-
apprenticeship, and apprenticeship programs,
and providing promotional materials to State
apprenticeship agencies, State workforce
development systems or local workforce
development systems, State educational agencies
or local educational agencies, employers, trade
associations, professional associations,
industry groups, labor organizations, joint
labor-management organizations, education and
training providers, Federal and State
correctional facilities, and prospective
apprentices in such programs.
(B) Promoting greater diversity in the
national apprenticeship system including by--
(i)(I) promoting outreach to
nontraditional apprenticeship
populations;
(II) engaging minority-serving
institutions and employers from
nontraditional apprenticeship
industries or occupations; and
(III) engaging small, medium-size,
women-owned, and minority-owned
businesses, and employers in high-
skill, high-wage, and in-demand
industry sectors and occupations that
are nontraditional apprenticeship
industries or occupations; and
(ii) supporting the participation and
retention of apprentices and employers
described in clause (i) in the national
apprenticeship system.
(2) Technical assistance activities.--The
Administrator shall carry out technical assistance
activities, including the following:
(A) Providing technical assistance to--
(i) assist State apprenticeship
agencies and sponsors in complying with
the requirements of this Act, including
the process and standards described in
subtitle B and the evaluation and
research requirements described in
subtitle C;
(ii) receive and resolve comments or
complaints from youth apprentices, pre-
apprentices, or apprentices, sponsors,
employers, State apprenticeship
agencies, State local workforce
agencies or local workforce agencies,
State educational agencies or local
educational agencies, qualified
intermediaries, labor organizations,
joint labor-management organizations,
or other stakeholders;
(iii) assist sponsors, employers,
qualified intermediaries, and education
and training or related instruction
providers, or other entities interested
in becoming sponsors, or seeking
support for developing programs under
the national apprenticeship system or
effectively carrying out such programs,
including providing assistance for
remote or virtual learning or training,
as necessary;
(iv) assist those applying for or
carrying out grants under title II; and
(v) share, through a national
apprenticeship system clearinghouse,
high-quality materials for programs
under the national apprenticeship
system, such as related instruction or
training materials.
(B) Cooperating with the--
(i) Secretary of Education in--
(I) providing technical
assistance for the development
and implementation of related
instruction under the national
apprenticeship system that is
aligned with State education
systems and education and
training providers; and
(II) supporting the
stackability and portability of
academic credit and credentials
earned as part of such
programs, including through
articulation agreements and
career pathways; and
(ii) State workforce development
systems to promote awareness of
opportunities under the national
apprenticeship system.
(3) State offices of apprenticeship.--
(A) Establishment of offices.--
(i) In general.--The Administrator
shall establish and operate a State
Office of Apprenticeship in a State
described in clause (ii) to serve as
the registration agency for such State.
(ii) Applicable states.--A State
described in this clause is a State--
(I) in which, as of the day
before the date of enactment of
the National Apprenticeship Act
of 2020, there is no State
Office of Apprenticeship; and
(II) that has not applied for
recognition as a State
apprenticeship agency under
section 113, or for which such
recognition has not provided or
has been withdrawn by the
Administrator under such
section.
(B) State plan requirement.--Each State
Office of Apprenticeship shall be administered
by a State Director who shall prepare and
submit a State plan that meets the requirements
of section 113(c).
(C) Vacancies.--Subject to the availability
of appropriations, in the case of a State
Office of Apprenticeship with a vacant
position, the Administrator shall--
(i) make information on such vacancy
available on a publicly accessible
website; and
(ii) report to the Committee on
Education and Labor of the House of
Representatives and the Committee on
Health, Education, Labor, and Pensions
of the Senate, on the status and length
of such vacancy if such vacancy is not
filled not later than 90 days after
such position has become vacant.
(D) Rule of construction.--Nothing in this
paragraph shall be construed to prohibit any
State described in subparagraph (A)(ii) from
establishing an agency or entity to promote
programs under the national apprenticeship
system in such State, in coordination with the
State Office of Apprenticeship operating in the
State, so long as such agency or entity does
not act as the registration agency in such
State.
(4) Quality standards, apprenticeship agreement, and
registration review.--In order for the Secretary,
acting through the Administrator, to support the
formulation and furtherance of labor standards
necessary to safeguard the welfare of program
participants, and to extend the application of such
standards in apprenticeship agreements, not later than
1 year after the effective date of the National
Apprenticeship Act of 2020, and at least every 3 years
thereafter, the Administrator shall review, and where
appropriate, update the process for meeting the
requirements of subtitle B, including applicable
regulations and subregulatory guidance to ensure that
such process is easily accessible and efficient to
bring together employers and labor as sponsors or
potential sponsors of programs under the national
apprenticeship system.
(5) Apprenticeable occupations.--
(A) Existing apprenticeable occupations.--The
Administrator shall regularly review and update
the requirements for each apprenticeable
occupation to ensure that such requirements are
in compliance with requirements under this Act.
(B) New apprenticeable occupation.--
(i) In general.--The Administrator
shall review and make a determination
on whether to approve an occupation as
an apprenticeable occupation not later
than 45 days after receiving an
application from a person seeking such
approval from the Administrator.
(ii) Estimated timeline.--If such
determination is not made within 45
days, the Administrator shall provide
the applicant with a written
explanation for the delay and offer an
estimated timeline for a determination
that does not to exceed 90 days after
the date of such written explanation.
(C) Industry recognized occupational
standards.--
(i) In general.--From the funds
appropriated under section 141(a), the
Administrator shall convene, on an
ongoing basis and taking into
consideration recommendations of the
Advisory Committee under section
112(d)(4), the industry sector leaders
and experts described in clause (ii)
for the purposes of establishing or
updating specific frameworks of
industry recognized occupational
standards for apprenticeable
occupations (including potential
apprenticeable occupations) that--
(I) meet the requirements of
this Act; and
(II) describe program scope
and length, related
instruction, on-the-job
training, recognized
postsecondary credentials, and
competencies, and relevant
timelines for review of such
frameworks.
(ii) Industry sector leaders and
experts.--The industry sector leaders
and experts are employers, industry
associations, joint labor-management
organizations, labor organizations,
education and training providers,
credential providers, program
participants, and other stakeholders
relevant to the sector or occupation
for which the frameworks are being
established or updated, as determined
by the Administrator.
(iii) Priority industry recognized
apprenticeable occupations.--In
establishing frameworks under clause
(i) for the first time after the
effective date of the National
Apprenticeship Act of 2020, the
Administrator shall prioritize the
establishment of such standards in
high-skill, high-wage, or in-demand
industry sectors and occupations.
(D) Regulations.--Not later than one year
after the date of the enactment of the National
Apprenticeship Act of 2020, the Secretary shall
issue regulations that outline a process for
proactively establishing and approving
standards and requirements for apprenticeable
occupations in consultation with the industry
sector leaders and experts described in
subparagraph (C)(ii).
(6) Program oversight and evaluation.--The
Administrator shall--
(A) monitor State apprenticeship agencies,
State Offices of Apprenticeship, grantees, and
sponsors of programs under the national
apprenticeship system to ensure compliance with
the requirements of this Act;
(B) provide technical assistance to assist
such entities with such compliance or program
performance; and
(C) conduct research and evaluation in
accordance with subtitle C.
(7) Promoting diversity in the national
apprenticeship system.--The Administrator shall promote
diversity and ensure equal opportunity to participate
in programs for apprentices, youth apprentices, and
pre-apprentices, including--
(A) taking steps necessary to promote
diversity in apprenticeable occupations under
the national apprenticeship system, especially
in high-skill, high-wage, or in-demand industry
sectors and occupations in areas with high
percentages of low-income individuals;
(B) ensuring programs under the national
apprenticeship system--
(i) adopt and implement policies to
provide for equal opportunity in such
programs, as described in section 30.3
of title 29, Code of Federal
Regulations (as in effect on January
31, 2020);
(ii) do not engage in intimidation or
retaliation as prohibited under section
30.17 of title 29, Code of Federal
Regulations (as in effect on January
31, 2020); and
(iii) are subject, for any violation
of clauses (i) or (ii), to enforcement
action under this Act; and
(C) supporting the recruitment, employment,
and retention of nontraditional apprenticeship
populations in programs under the national
apprenticeship system in high-skill, high-wage,
and in-demand industry sectors and occupations,
including women, people of color, individuals
with disabilities, individuals impacted by the
criminal and juvenile justice system, and
individuals with barriers to employment, as
applicable.
(8) Grant awards.--The Administrator shall award
grants under title II.
(9) National advisory committee.--The Administrator
shall--
(A) regularly consult with the National
Advisory Committee on Apprenticeships under
section 112; and
(B) ensure that the required recommendations
and other reports of the Advisory Committee are
submitted to the Secretary and transmitted to
the Committee on Education and Labor of the
House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the
Senate.
(10) Coordination.--The Administrator shall
coordinate and align programs under the national
apprenticeship system with related Federal programs.
(c) Information Collection and Dissemination.--The
Administrator shall provide for data collection and
dissemination of information regarding programs under the
national apprenticeship system, including--
(1) not later than 1 year after the date of the
enactment of the National Apprenticeship Act of 2020,
establishing and supporting a single information
technology infrastructure to support data collection
and reporting from State apprenticeship agencies, State
Offices of Apprenticeship, grantees under title II,
program sponsors, and program administrators under the
national apprenticeship system by providing for a data
infrastructure that--
(A) is developed and maintained by the
Administrator, with input from national data
and privacy experts, is informed by best
practices on public provision of credential
information, and to the extent practicable,
aligns with the technology infrastructure for
related Federal programs, such as the
technology infrastructure used under the
Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.);
(B) best meets the needs of the national
apprenticeship system stakeholders reporting
data to the Administrator or State
apprenticeship agencies, including through the
provision of technical assistance and financial
assistance as necessary to ensure reporting
systems are equipped to report into a single
information technology infrastructure; and
(C) is aligned with data from the performance
reviews under section 131(b)(1)(A);
(2) providing for data sharing that includes making
nonpersonally identifiable apprenticeship data
available on a publicly accessible website that is
searchable and comparable, through the use of common,
linked, open-data description language, such as the
credential transparency description language or a
substantially similar resource, so that interested
parties can become aware of apprenticeship
opportunities and of program outcomes that best meets
the needs of youth apprentices, pre-apprentices, and
apprentices, employers, education and training
providers, program sponsors, and relevant stakeholders,
including--
(A) information on program offerings under
the national apprenticeship system based on
geographical location and apprenticeable
occupation;
(B) information on education and training
providers providing opportunities under such
system, including whether programs under such
system offer dual or concurrent enrollment
programs, articulation agreements, and
recognized postsecondary credentials as part of
the program offerings;
(C) information about the educational and
occupational credentials and related
competencies of programs under such system; and
(D) information based on the most recent data
available to the Office that is consistent with
national standards and practices.
SEC. 112. NATIONAL ADVISORY COMMITTEE ON APPRENTICESHIPS.
(a) Establishment.--
(1) In general.--There is established, in the
Department of Labor, a National Advisory Committee on
Apprenticeships.
(2) Composition.--
(A) Appointments.--The Advisory Committee
shall consist of 27 voting members described in
subparagraph (B) appointed by the Secretary.
(B) List of individuals.--The individuals
described in this subparagraph are--
(i) 9 representatives of employers or
industry associations who participate
in an apprenticeship program, including
representatives of employers
representing nontraditional
apprenticeship industries or
occupations, and other high-skill,
high-wage, or in-demand industry
sectors or occupations, as applicable;
(ii) 9 representatives of labor
organizations or joint labor-management
organizations who have responsibility
for the administration of an
apprenticeship program (including those
sponsored by a joint labor-management
organization and from nontraditional
apprenticeship industries or
occupations), at least 1 of which
represent employees primarily in the
building trades and construction
industry;
(iii) 1 representative of each from--
(I) a State apprenticeship
agency;
(II) a State or local
workforce development board
with significant expertise in
supporting a program under the
national apprenticeship system;
(III) a community
organization with significant
expertise supporting such a
program;
(IV) an area career and
technical education school or
local educational agency;
(V) a State apprenticeship
council;
(VI) a State or local
postsecondary education and
training providers that
administers, or has not less
than 1 articulation agreement
with an entity administering, a
program under the national
apprenticeship system;
(VII) a provider of an
industry-recognized credential;
(VIII) a national qualified
intermediary; and
(IX) an apprentice.
(C) Ex officio nonvoting members.--The
Advisory Committee shall consist of ex officio
nonvoting members from each of the following
departments, selected by the applicable
Secretary--
(i) the Department of Labor;
(ii) the Department of Commerce;
(iii) the Department of Education;
(iv) the Department of Energy;
(v) the Department of Housing and
Urban Development;
(vi) the Department of
Transportation;
(vii) the Department of Veterans
Affairs;
(viii) the Department of Health and
Human Services;
(ix) the Department of Justice; and
(x) the Department of Defense.
(D) Recommendations.--The Speaker of the
House of Representatives, the Minority Leader
of the House of Representatives, the Majority
Leader of the Senate, and the Minority Leader
of the Senate may each recommend to the
Secretary an individual described in clause (i)
or (ii) of subparagraph (B) for appointment
under subparagraph (A) who shall be subject to
the requirements of paragraph (3).
(3) Qualifications.--An individual shall be selected
under paragraph (1) on the basis of the experience and
competence of such individual with respect to programs
under the national apprenticeship system.
(4) Terms.--
(A) In general.--Each voting member of the
Advisory Committee shall be appointed for a
term of 4 years, except as provided in
subparagraphs (B) through (D).
(B) Terms of initial appointees.--
(i) In general.--The appointments of
the initial members of the Advisory
Committee shall be made not later than
90 days after the effective date of the
National Apprenticeship Act of 2020.
(ii) Staggering of terms.--As
designated by the Secretary at the time
of the appointment, of the members
first appointed--
(I) half of such members
shall serve a 2-year term; and
(II) half of such members
shall serve a 4-year term.
(C) Vacancies.--Any member appointed to fill
a vacancy occurring before the expiration of
the term for which the member's predecessor was
appointed shall be appointed only for the
remainder of that term. A member may serve
after the expiration of that member's term
until a successor has taken office. A vacancy
in the Advisory Committee shall be filled in
the manner in which the original appointment
was made, except that such appointment shall be
made not later than 90 days after the date of
the vacancy. A member who fulfilled a partial
term as the result of a vacancy may, at the end
that term, be appointed to a full term.
(D) Multiple terms.--A voting member of the
Advisory Committee may serve not more than 2
full terms on the Advisory Committee.
(b) Chairperson.--The Advisory Committee members shall
designate by vote one of the voting members described in
subsection (a)(2)(A) of the Advisory Committee to serve as
Chairperson of the Advisory Committee.
(c) Meetings.--
(1) In general.--The Advisory Committee shall meet at
the call of the Chairperson and hold not fewer than 4
meetings during each calendar year.
(2) Open access.--All meetings of the Advisory
Committee shall be open to the public. A transcript
shall be kept of each meeting and made available for
public inspection within 30 days of the meeting.
(d) Duties.--The Advisory Committee shall, at a minimum--
(1) advise, consult with, and make recommendations to
the Administrator on matters relating to the
administration of this Act, including recommendations
on regulations and policies related to the
administration of this Act;
(2) annually prepare a set of recommendations for the
Administrator, to be shared with the Committee on
Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor and Pensions
of the Senate, to improve the registration process
under subtitle B to make the process easily accessible
and efficient for use by sponsors while maintaining the
requirements under subtitle B;
(3) make recommendations on expanding participation
of nontraditional apprenticeship populations in
programs under the national apprenticeship system; and
(4) review apprenticeable occupations and, based on
reviews of labor market trends and changes, make
recommendations to the Administrator on whether to--
(A) make updates to apprenticeable
occupations under section 111(b)(5)(A); or
(B) convene sector leaders and experts under
section 111(b)(5)(C) for the establishing
specific frameworks of industry recognized
occupational standards.
(e) Personnel.--
(1) Compensation of members.--
(A) In general.--A member of the Advisory
Committee who is not an officer or employee of
the Federal Government shall be compensated at
a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level
IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day
(including travel time) during which the member
is engaged in the performance of the duties of
the Advisory Committee.
(B) Officers or employees of the united
states.--Members of the Advisory Committee who
are officers or employees of the United States
may not receive additional pay, allowances, or
benefits by reason of their service on the
Advisory Committee.
(2) Staff.--The Secretary shall supply the Advisory
Committee with an executive Secretary and provide such
secretarial, clerical, and other services as the
Secretary determines to be necessary to enable the
Advisory Committee to carry out the duties described in
subsection (d).
(3) Data requests.--The Advisory Committee through
its Chairperson may request data from the Secretary as
determined necessary by the Advisory Committee to carry
out its functions as described in this section.
(f) Permanent Committee.--The Federal Advisory Committee Act
(5 U.S.C. App.) (other than section 14 of such Act) shall apply
to the Advisory Committee.
SEC. 113. STATE APPRENTICESHIP AGENCIES AND STATE OFFICES OF
APPRENTICESHIP.
(a) Recognition of State Apprenticeship Agencies.--
(1) In general.--The Administrator shall recognize a
State agency as a State apprenticeship agency in
accordance with this section and cooperate with such
State apprenticeship agency regarding the formulation
and promotion of standards of apprenticeship under
subtitle B.
(2) Application.--A State desiring to have a State
agency recognized as a State apprenticeship agency
under this section shall submit an application at such
time, in such manner, and containing such information
as the Administrator may require, including--
(A) the initial State plan described in
subsection (c)(2)(A)(i);
(B) a description of how the State
apprenticeship agency will meet the State plan
requirements of subsection (c); and
(C) a description of the linkages and
coordination of the State's proposed standards,
criteria, and requirements with the State's
economic development strategies and workforce
development system and the State's secondary,
postsecondary, and adult education systems.
(3) Review and recognition.--
(A) In general.--Not later than 90 days after
the date on which a State submits an
application under paragraph (2), the Secretary
shall notify the State regarding whether the
agency of the State is recognized as a State
apprenticeship agency under this section.
(B) Duration of recognition.--
(i) Duration.--The recognition of a
State apprenticeship agency shall be
for a 4-year period beginning on the
date the State apprenticeship agency is
notified under subparagraph (A).
(ii) Notification.--
(I) In general.--The
Secretary shall notify a State
apprenticeship agency not later
than 180 days before the last
day of the 4-year period
regarding whether the State
apprenticeship agency is in
compliance with this section.
(II) Compliance.--In the case
of a State apprenticeship
agency that is in compliance
with this section, the agency's
recognition under this section
shall be renewed for an
additional 4-year period and
the notification under
subclause (I) shall include
notification of such renewal.
(III) Noncompliance.--In the
case of a State apprenticeship
agency that is not in
compliance with this section,
the notification shall--
(aa) specify the
areas of noncompliance;
(bb) require
corrective action; and
(cc) offer technical
assistance.
(iii) Renewal after correction.--If
the Administrator determines that a
State apprenticeship agency has
corrected the identified areas of
noncompliance under this subparagraph
not later than 180 days of notification
of noncompliance, the State
apprenticeship agency's recognition
under this section shall be renewed for
an additional 4-year period.
(C) Transition period for state agencies.--
(i) In general.--Not later than 1
year after the effective date of the
National Apprenticeship Act of 2020, a
State agency that, as of the day before
the date of enactment of such Act, was
recognized by the Secretary for
purposes of registering apprenticeship
programs in accordance with this Act
shall submit an application under
paragraph (2).
(ii) Transition period.--A State
agency described in clause (i) shall be
recognized as a State apprenticeship
agency under this section for a 4-year
period beginning on the date on which
the Secretary approves the application
submitted by the State agency under
paragraph (2).
(b) Authority of a State Apprenticeship Agency.--
(1) In general.--For the period during which a State
apprenticeship agency is recognized under subsection
(a) and to maintain such recognition, the State
apprenticeship agency shall carry out the requirements
of this Act.
(2) Program recognition.--With respect to a State
with a State apprenticeship agency, the State
apprenticeship agency shall have sole authority to
recognize and register a pre-apprenticeship, youth
apprenticeship, or apprenticeship program in such
State, which shall include--
(A) determining whether such program is in
compliance with the standards for such program
under section 122;
(B) in the case of such a program that is in
compliance with such standards, recognizing the
program and providing a certificate of
recognition for such program;
(C) providing technical assistance to current
or potential sponsors; and
(D) in the case of such a program that fails
to meet the requirements of this Act, providing
for the withdrawal of recognition of the
program in accordance with section 131(b).
(3) State apprenticeship council.--
(A) In general.--A State apprenticeship
agency shall establish and continue to use a
State apprenticeship council, which shall
operate in compliance with the requirements of
this Act under the direction of the State
apprenticeship agency.
(B) Composition.--A State apprenticeship
council may be regulatory or advisory in
nature, and shall--
(i) be composed of persons familiar
with apprenticeable occupations; and
(ii) be fairly balanced, with an
equal number of--
(I) representatives of
employer organizations,
including from nontraditional
apprenticeship industries or
occupations;
(II) representatives of labor
organizations or joint labor-
management organizations,
including from nontraditional
apprenticeship industries or
occupations; and
(III) public members; and
(iii) to the extent practicable, have
not less than 1 member who is a member
of the State workforce board.
(C) Special rule.--A State apprenticeship
council shall not be eligible for recognition
as a State apprenticeship agency.
(c) State Plan.--
(1) In general.--For a State apprenticeship agency to
be eligible to receive allotments under subsection (f)
and to be recognized under this section, the State
apprenticeship agency shall submit to the Secretary a
State plan that meets the requirements of this
subsection.
(2) Approval of state plan.--
(A) Submission.--
(i) Initial plan.--The first State
plan of a State apprenticeship agency
shall be submitted to the Administrator
not later than 120 days prior to the
commencement of the first full program
year of the State apprenticeship
agency, which shall include--
(I) a description of any
State laws, policies, or
operational procedures relating
to the process of recognizing
programs under the national
apprenticeship system that is
inconsistent with, or imposes
requirements in addition to,
the requirements of this Act;
(II) an assurance that the
State will notify the
Administrator if there are any
changes to the State laws
(including regulations),
policies, or procedures
described in subclause (I) that
occur after the date of
submission of such plan; and
(III) an assurance that the
State will make available on a
publicly available website a
description of any laws
(including regulations),
policies, and operational
procedures relating to the
process of recognizing programs
under the national
apprenticeship system that are
inconsistent with, or impose
requirements in addition to,
the requirements of this Act.
(ii) Subsequent plans.--Except as
provided in clause (i), a State plan
shall be submitted to the Administrator
not later than 120 days prior to the
end of the 4-year period covered by the
preceding State plan.
(B) Approval.--A State plan shall be subject
to the approval of the Administrator and shall
be considered to be approved at the end of the
90-day period beginning on the date that the
plan is submitted under this paragraph, unless
the Administrator, during the 90-day period,
provides the State apprenticeship agency, in
writing--
(i) an explanation for why the State
plan is inconsistent with the
requirements of this Act; and
(ii) an opportunity for an appeal of
such determination to an Administrative
Law Judge for the Department of Labor
not later than 30 days after receipt of
the notice of denial from the
Administrator.
(C) Modifications.--
(i) Modifications.--At the end of the
first 2-year period of any 4-year State
plan, the State may submit
modifications to the State plan to
reflect changes in labor market and
economic conditions or other factors
affecting the implementation of the
State plan.
(ii) Approval.--A modified State plan
submitted for review under clause (i)
shall be subject to the approval
requirements described in subparagraph
(B).
(3) Technical assistance.--Each State Plan shall
describe how the State apprenticeship agency will
provide technical assistance for--
(A) potential sponsors, employers, labor
organizations, joint labor-management
organizations, qualified intermediaries,
apprentices, education and training providers,
credentialing bodies, eligible entities,
industry associations, or any potential program
participant in the national apprenticeship
system in the State for the purposes of
recruitment, retention, program development,
expansion, or implementation, including
supporting remote or virtual learning or
training, as necessary;
(B) sponsors of programs registered in the
State, including sponsors that are not meeting
performance goals under subtitle C, for
purposes of assisting sponsors in meeting or
exceeding such goals; and
(C) sponsors of programs registered in that
State for purposes of assisting such sponsors
in achieving State goals in diversity and equal
opportunity in apprenticeships in accordance
with paragraph (5).
(4) Reciprocity.--Each State plan shall describe how
the State apprenticeship agency, in the case of a
program recognized by a registration agency in another
State, shall recognize such program in the State of
such agency for purposes of this Act by not later than
30 days after receipt of an application for such
recognition from a program sponsor, as long as such
program meets the wage and hour provisions of the State
granting reciprocity.
(5) Promoting diversity in the national
apprenticeship system.--Each State plan shall include a
plan for how the State apprenticeship agency will--
(A) promote diversity in apprenticeable
occupations offered throughout the State, and a
description of how such agency will promote the
addition of apprenticeable occupations in high-
skill, high-wage, or in-demand industry sectors
and occupations, and in nontraditional
apprenticeship occupations and sectors; and
(B) promote diversity and equal opportunity
in programs under the national apprenticeship
system by uniformly adopting and implementing
the requirements of subparagraphs (B) and (C)
of section 111(b)(7).
(6) Complaints.--
(A) In general.--Subject to subparagraph (B),
each State plan shall include a description of
the system for the State apprenticeship agency
to receive and resolve complaints submitted by
program participants, the program participant's
authorized representative, sponsors, employers,
or nonprofit compliance organizations, such as
complaints concerning equal employment
opportunity or discrimination, violations of
the apprenticeship agreement, or violations of
requirements under this Act.
(B) Collective bargaining agreements.--Any
controversy arising under an apprenticeship
agreement which is covered by a collective
bargaining agreement shall not be subject to
the system described in subparagraph (A),
except that complaints concerning
discrimination or any matters described in
subparagraph (5)(B) shall be subject to such
system.
(7) State apprenticeship hubs.--Each State plan shall
describe how the State will support, in a manner that
takes into consideration geographic diversity, the
creation and implementation of apprenticeship hubs
throughout the State that shall work with industry and
sector partnerships to expand programs under the
national apprenticeship system, and apprenticeable
occupations, in the State.
(8) State apprenticeship performance outcomes.--Each
State plan shall--
(A) in coordination with the Administrator,
establish annual State performance goals for
the programs registered by the State
apprenticeship agency for the indicators
described--
(i) in subparagraph (A) of section
131(b)(1); and
(ii) in subparagraph (B)(ii) of
section 131(b)(1); and
(B) describe how the State apprenticeship
agency will collect performance data from
programs registered by the agency; and
(C) annually report on the outcomes of each
such program in relation to the State
established goals under subparagraph (A).
(9) Uses of funds.--Each State plan shall include a
description of the uses described in subsection (d) of
the allotment received by the State apprenticeship
agency under subsection (f).
(10) Alignment of workforce activities.--Each State
plan shall include a summary of State-supported
workforce development activities (including education
and training) in the State, including--
(A) a summary of the apprenticeship programs
on the list of eligible providers of training
services under section 122(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3152(d));
(B) the degree to which the programs under
the national apprenticeship system in the State
are aligned with and address the skill needs of
the employers in the State identified by the
State workforce development board; and
(C) a description of how apprenticeship
programs will receive expedited consideration
to be included on the list of eligible
providers of training services under section
122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d)).
(11) State strategic vision.--Each State plan shall
include a summary of the State's strategic vision and
set of goals for preparing an educated and skilled
workforce and for meeting the skilled workforce needs
of employers, including in existing and emerging in-
demand industry sectors and occupations as identified
by the State, and how the programs registered by the
State apprenticeship agency in the State will help to
meet such goals.
(12) Strategy for any joint planning, alignment,
coordination, and leveraging of funds.--Each State plan
shall provide a description of the State apprenticeship
agency's strategy for joint planning, alignment,
coordination, and leveraging of funds--
(A) with the State's workforce development
system, to achieve the strategic vision and
goals described in paragraph (11), including
the core programs defined in section 3 of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3102) and the elements related to system
alignment under section 102(b)(2)(B) of such
Act (29 U.S.C. 3112(b)(2)(B));
(B) for programs under the national
apprenticeship system in the State with other
Federal education programs, including programs
under--
(i) the Elementary and Secondary
Education Act of 1965;
(ii) the Individuals with
Disabilities Education Act;
(iii) the Carl D. Perkins Career and
Technical Education Act of 2006; and
(iv) the Higher Education Act of
1965; and
(C) to provide information about access to
available State assistance or assistance under
related Federal programs, including such
assistance under--
(i) section 6(d) of the Food and
Nutrition Act of 2008;
(ii) subsection (c)(1) of section
3672 of title 38, United States Code;
(iii) section 231 of the Second
Chance Act of 2007 (34 U.S.C. 60541);
and
(iv) the State Temporary Assistance
for Needy Families programs under part
A of title IV of the Social Security
Act.
(13) State apprenticeship council.--Each State plan
shall provide for a description of the composition,
roles, and responsibility of the State apprenticeship
council, and how the Council will comply with the
requirements of subsection (b)(3).
(d) State Apprenticeship Agency Funding.--A State
apprenticeship agency shall use funds received under clauses
(i) and (ii) of subsection (f)(1)(A) according to the following
requirements:
(1) Program administration.--The State apprenticeship
agency shall use such funds to support the
administration of programs under the national
apprenticeship system across the State, including for--
(A) staff and resources;
(B) oversight and evaluation as required
under this Act;
(C) technical assistance to program sponsors,
program participants, employers, labor
organizations, joint labor-management
organizations, education and training
providers, and qualified intermediaries;
(D) pre-apprenticeship, youth, and
apprenticeship program recruitment and
development, including for--
(i) engaging potential providers of
such programs such as employers,
qualified intermediaries, related
instruction providers, and potential
program participants;
(ii) publicizing apprenticeship
opportunities and benefits; and
(iii) engaging State workforce and
education systems for collaboration and
alignment across systems; and
(E) supporting the enrollment and
apprenticeship certification requirements to
allow veterans and other individuals eligible
for the educational assistance programs under
chapters 30 through 36 of title 38, United
States Code, and any related educational
assistance programs under laws administered by
the Secretary of Veterans Affairs, to use such
assistance for the apprenticeship program,
including the requirement of designating a
certifying official.
(2) Educational alignment.--The State apprenticeship
agency shall use not less than 10 percent of such funds
to engage with the State education system to provide
technical assistance and best practices regarding--
(A) alignment of youth apprenticeship
programs with the secondary education programs
in the State, including support for career
exploration, career pathways, education and
career planning, and engagement with youth
apprenticeship programs for teachers, career
guidance and academic counselors, school
leaders, administrators, and specialized
instructional support personnel and
paraprofessionals;
(B) alignment of related instruction provided
under the national apprenticeship system in the
State with academic credit granting
postsecondary programs (including developing
career pathways, articulation agreements, and
prior learning assessments); and
(C) the joint planning, alignment,
coordination, and leveraging of funds described
in subparagraphs (B) and (C) of subsection
(c)(12).
(3) Workforce alignment.--The State apprenticeship
agency shall use not less than 10 percent of such funds
to engage with the State workforce development system
to provide technical assistance and best practices
regarding--
(A) alignment with the State's workforce
activities and strategic vision in accordance
with paragraphs (10), (11), and subparagraphs
(A) and (C) of paragraph (12) of subsection
(c);
(B) guidance for training staff of the
workforce development system, including the
vocational rehabilitation agencies, within the
State on the value of programs under the
national apprenticeship system as a work-based
learning option for participants, including
participants of programs authorized under the
Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.) such as Job Corps under
subtitle C of title I of such Act and
YouthBuild under section 171 of such Act;
(C) providing a list of programs under the
national apprenticeship system that are offered
in the State, including in the State's high-
skill, high-wage, or in-demand industry sectors
or occupations;
(D) alignment of funding received and
reporting required under this Act, including
relevant placement, retention, and earnings
information, with the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.), and
technical assistance in how individual training
accounts under section 134(c)(3) of such Act
could be used to pay for the costs of enrolling
and participating in programs under the
national apprenticeship system;
(E) partnerships with State or local
workforce development boards, State workforce
agencies, and one-stop centers and one-stop
operators that assist program participants in
accessing supportive services to support--
(i) the recruitment, retention, and
completion of programs under the
national apprenticeship system;
(ii) transitions from youth
apprenticeships and pre-apprenticeships
to apprenticeship programs; and
(iii) the placement into employment
or further education upon program
completion; and
(F) expanding the list of eligible providers
of training services under section 122(d) of
the Workforce Innovation and Opportunity Act to
include programs under the national
apprenticeship system in the State (29 U.S.C.
3152(d)).
(4) Leadership activities.--
(A) In general.--A State apprenticeship
agency may reserve not more than 15 percent of
the funds received under subsection (f) in
support of State apprenticeship initiatives
described in this paragraph.
(B) Diversity.--Not less than 5 percent of
the amount reserved under subparagraph (A)
shall be used by the State apprenticeship
agency for supporting and expanding diversity
in apprenticeable occupations under the
national apprenticeship system in the State and
program participant populations in the State.
(C) Incentives for employers.--A State
apprenticeship agency may use funds reserved
under subparagraph (A) to incentivize employers
to participate in programs under the national
apprenticeship system, such as costs related to
program development, staffing for mentors and
supervisors, related instruction, or the
creation of industry or sector partnerships to
support employer participation.
(D) State-specific initiatives.--A State
apprenticeship agency may use funds reserved
under subparagraph (A) for State-specific
initiatives, such as the development or
expansion of youth apprenticeship programs or
apprenticeship programs in high-skill, high-
wage, or in-demand industry sectors and
occupations.
(5) State match for federal investment.--
(A) In general.--Except in the case of
exceptional circumstances, as determined by the
Administrator, in order to receive a full
allotment under subsection (f), a State
apprenticeship agency shall use matching funds
from non-Federal resources to carry out the
activities of the agency under this Act in an
amount not less than 25 percent of such
allotment.
(B) Transition period.--The requirement under
this paragraph shall take effect with respect
to a State apprenticeship agency on the date
that is 1 day after the date on which the
transition period for such agency under
subsection (a)(3)(C)(ii) ends.
(e) Derecognition of State Apprenticeship Agencies.--
(1) In general.--The Secretary may withdraw
recognition of a State apprenticeship agency before the
end of the agency's 4-year recognition period under
subsection (a)(2)(B) if the Secretary determines, after
notice and an opportunity for a hearing, that the State
apprenticeship agency has failed for one of the reasons
described in paragraph (2), and has not been in
compliance with the performance improvement plan under
paragraph (3) to remedy such failure.
(2) Derecognition criteria.--The recognition of a
State apprenticeship agency under this section may be
withdrawn under paragraph (1) in a case in which the
State apprenticeship agency fails to--
(A) adopt or properly enforce a State plan;
(B) properly carry out its role as the sole
registration agency in the State;
(C) submit a report under section
131(b)(1)(B) for any program year;
(D) meet the State levels of performance as
described in subsection (c)(8)(A) or
demonstrate improvements in performance for 3
consecutive program years; or
(E) otherwise fulfill or operate in
compliance with the requirements of this Act.
(3) Derecognition process.--
(A) In general.--If a State apprenticeship
agency fails for any of the reasons described
in paragraph (2), the Secretary shall provide
technical assistance to such agency for
corrective action to remedy such failure,
including assistance in the development of a
performance improvement plan.
(B) Reduction of funds.--Except in the case
of exceptional circumstances as determined by
the Administrator, in a case in which such a
State apprenticeship agency continues such
failure after the provision of the technical
assistance under subparagraph (A)--
(i) the percentage of the funds to be
allotted to the State apprenticeship
agency under subsection (f) for each
fiscal year following the fiscal year
in which such failure has been
identified shall be reduced by 5
percentage points; and
(ii) the Administrator shall provide
notice to the State apprenticeship
agency that the agency's recognition
under this section may be withdrawn if
the agency fails to remedy the failure.
(C) Termination of proceedings.--If the
Administrator determines that the State
apprenticeship agency's corrective action under
subparagraph (A) has addressed the agency's
failure identified under paragraph (2), the
Administrator shall--
(i) restore the agency's full funding
allocation under this title for the
next full fiscal year; and
(ii) notify the State apprenticeship
agency that the agency's recognition
will not be withdrawn under this
section for the reason for which the
agency's funding under this title was
most recently reduced.
(D) Opportunity for hearing.--
(i) In general.--In a case in which a
State apprenticeship agency fails to
remedy a failure identified under
paragraph (2), the Administrator
shall--
(I) notify, in writing, the
State apprenticeship agency of
the failure of the State
apprenticeship agency,
including a description of such
failure and an explanation that
the agency's recognition under
this section may be withdrawn
as a result of such failure;
and
(II) offer the State
apprenticeship agency an
opportunity to request a
hearing not later than 30 days
after the date of such notice.
(ii) Referral to office of
administrative law judges.--In a case
in which the State apprenticeship
agency requests a hearing under clause
(i)(II), the Administrator shall refer
the matter to the Office of
Administrative Law Judges for a
recommended decision by the
Administrative Review Board for final
agency action.
(4) Requirements regarding withdrawal of
recognition.--
(A) Office of apprenticeship.--
(i) Prior to order.--Prior to the
withdrawal of the recognition of a
State apprenticeship agency under this
section, the Administrator shall--
(I) provide to the State
apprenticeship agency an order
withdrawing recognition of such
agency under this section; and
(II) establish a State Office
of Apprenticeship; and
(ii) After order.--Not later than 30
days after the date of such order,
provide notification of the withdrawal
to the sponsors of the programs under
the national apprenticeship system in
such State that were registered with
the State apprenticeship agency to
enable each such sponsor to be
registered with the Administrator
(acting through the State Office of
Apprenticeship established under clause
(i)(II)).
(B) State apprenticeship agency
requirements.--A State agency whose recognition
as a State apprenticeship agency under this
section has been withdrawn under paragraph (3)
shall--
(i) provide to the Administrator
program standards, apprenticeship
agreements, completion records,
cancellation and suspension records,
performance metrics, and any other
documents relating to the State's
programs under the national
apprenticeship system in the State;
(ii) cooperate fully during the
transition period beginning on the date
of the order withdrawing such
recognition and ending on the date on
which the Administrator establishes a
State Office of Apprenticeship in the
State; and
(iii) return any unused funds
received under this Act.
(5) Reinstatement of recognition.--A State
apprenticeship agency that has had its recognition
withdrawn under this section may have such recognition
reinstated upon presentation of adequate evidence that
the State apprenticeship agency has--
(A) submitted an application under subsection
(a)(2), and
(B) demonstrated the ability to operate in
compliance with the requirements of this Act.
(f) Reservation and State Allotments.--
(1) State allotments.--
(A) In general.--Of the amount appropriated
under subsection (g) for a fiscal year--
(i) 33 \1/3\ percent shall be equally
distributed among each State Office of
Apprenticeship, outlying area, and
eligible State; and
(ii) 66 \2/3\ percent shall be
allotted to eligible States on the
basis described in subparagraph (B).
(B) Formula.--
(i) In general.--Of the amount
available under subparagraph (A)(ii)--
(I) 25 percent shall be
allotted on the basis of the
relative share of program
participants in each eligible
State, as determined on the
basis of the most recent
satisfactory data available
from the Administrator,
compared to the total number of
program participants in all
eligible States, as determined
on such basis;
(II) 25 percent shall be
allotted on the basis of the
relative share of program
participants who have completed
a program under the national
apprenticeship system in each
eligible State during the most
recent 5-year period, as
determined on the basis of the
most recent satisfactory data
available from the
Administrator, compared to the
total 5-year average of program
participants who have completed
a program in all eligible
States, as determined on such
basis; and
(III) 50 percent shall be
allotted on the basis described
in clause (ii).
(ii) Allotments based on bls and acs
data.--Of the amount available under
clause (i)(III)--
(I) 33\1/3\ percent shall be
allotted on the basis of the
relative share of individuals
in the civilian labor force in
each eligible State, compared
to the total number of
individuals in the civilian
labor force in all eligible
States;
(II) 33\1/3\ percent shall be
allotted on the basis of the
relative share of individuals
living below the poverty line
in each eligible State,
compared to the total number of
individuals living below the
poverty line in all eligible
States; and
(III) 33\1/3\ percent shall
be allotted on the basis of the
relative number of unemployed
individuals in each eligible
State, compared to the total
number of unemployed
individuals in all eligible
States.
(2) Definitions.--In this subsection--
(A) Eligible state.--The term ``eligible
State'' means a State that has a State
apprenticeship agency.
(B) Outlying area.--The term ``outlying
area'' means American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands,
and the United States Virgin Islands.
(C) Poverty line.--The term ``poverty line''
has the meaning given such term in section 3 of
the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102).
(D) Unemployed individual.--The term
``unemployed individual'' has the meaning given
such term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3102).
(g) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section--
(1) $75,000,000 for fiscal year 2021;
(2) $85,000,000 for fiscal year 2022;
(3) $95,000,000 for fiscal year 2023;
(4) $105,000,000 for fiscal year 2024; and
(5) $115,000,000 for fiscal year 2025.
SEC. 114. INTERAGENCY AGREEMENT WITH DEPARTMENT OF EDUCATION.
(a) In General.--Not later than 1 year after the effective
date of the National Apprenticeship Act of 2020, in order to
cooperate with the Secretary of Education and promote awareness
and adoption of apprenticeship programs, the Secretary (acting
through the Administrator) shall--
(1) enter into an interagency agreement with the
Secretary of Education to promote and support
integration and alignment of programs under the
national apprenticeship system with secondary,
postsecondary, and adult education, through the
activities described in this section; and
(2) submit to the Committee on Education and Labor of
the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of Senate, such
agreement and any modifications to such agreement.
(b) Alignment for Youth Apprenticeships.--In order to promote
alignment between youth apprenticeship programs and high school
graduation requirements, the interagency agreement under
subsection (a) shall describe how the Secretaries will work to
provide--
(1) information and resources to--
(A) parents and students to promote a better
understanding of programs under the national
apprenticeship system and their value in
secondary and postsecondary education and
career pathways by not later than middle
school; and
(B) school leaders (working with academic
counselors, teachers, and faculty) about the
value of such programs and information on how
to effectively align youth apprenticeship
programs with secondary and career and
technical education programs; and
(2) technical assistance on how to--
(A) align related instruction and
apprenticeable occupation skills and
competencies to high school graduation
requirements;
(B) offer related instruction through dual
and concurrent enrollment programs and other
accelerated learning programs, as described in
section 4104(b)(3)(A)(i)(IV) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7114(b)(3)(A)(i)(IV));
(C) facilitate transitions for youth
apprentices who have completed their youth
apprenticeships into further education,
including an associate, baccalaureate, or
advanced degree, and related apprenticeship
opportunities; and
(D) align activities carried out under this
Act with eligible funding from, and planning
processes for, the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301
et seq.), the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.),
the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.), the Rehabilitation
Act of 1973, and the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).
(c) Apprenticeship College Consortium.--In order to support
the establishment of a college consortium of postsecondary
educational institutions, related instruction providers,
sponsors, qualified intermediaries, employers, labor
organizations, and joint labor-management organizations for the
purposes of promoting stronger connections between programs
under the national apprenticeship system and participating 2-
and 4-year postsecondary educational institutions, the
interagency agreement under subsection (a) shall include a
description of how the Secretaries will--
(1) support data sharing systems that align education
records and records of programs under the national
apprenticeship system regarding whether program
participants who receive financial aid under title IV
of the Higher Education Act of 1965 enroll in, or
complete, postsecondary coursework while participating
in a program under such system;
(2) provide guidance on how to align eligible funding
from, planning processes for, and the requirements of
the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2301 et seq.), the Rehabilitation
Act of 1973, and the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) with this Act;
(3) require all participants of the apprenticeship
college consortium to enter into agreements to--
(A) have an articulation agreement with a
participating sponsor of an apprenticeship
program, which may include a 2- or 4-year
postsecondary educational institution;
(B) create or expand the awarding and
articulation of academic credit for related
instruction completed and credentials awarded
to program participants as part of a program
under the national apprenticeship system; and
(C) support the creation or expansion of
electronic transcripts for apprenticeship
programs and all academic content, including
related instruction and on-the-job training;
(4) provide technical assistance on eligible uses of
financial aid, including the Federal work study program
under part C of title IV of the Higher Education Act of
1965 (20 U.S.C. 1087-51 et seq.), for related
instruction for programs under the national
apprenticeship system;
(5) provide to consortium participants or potential
participants information regarding--
(A) a list of apprenticeship programs in
related occupations offered in the State or
available under the Office of Apprenticeship
that may become part of the consortium;
(B) information on how to develop an
apprenticeship program;
(C) information on Federal, State, and local
financial resources available to assist with
the establishment and implementation of
apprenticeship programs; and
(D) information on related qualified
intermediaries or industry or sector
partnerships supporting apprenticeship
programs, as applicable; and
(6) support information regarding the apprenticeship
consortium being made available on a publicly
accessible website, including--
(A) a list of participating members of the
consortium, apprenticeship programs provided,
credentials awarded with each program, and
available apprenticeable occupations; and
(B) models of articulation agreements, prior
learning assessments, and competency-based
curriculum for related instruction for
illustrative purposes.
(d) Best Practice Development and Sharing.--
(1) Dissemination.--Such interagency agreement shall
require that the Secretaries disseminate information on
the value of programs under the national apprenticeship
system, including relevant placement, retention, and
earnings information, labor market data from the local
area, and sector forecasts to determine high-skill,
high-wage, or in-demand industry sectors or occupations
of such programs, to local education and training
providers, labor organizations, or joint-labor
management organizations (including those representing
teachers).
(2) Clearinghouse.--Such agreement shall require the
Secretaries to create a clearinghouse of best
practices--
(A) for improving performance and increasing
alignment of education and programs under the
national apprenticeship system, including
career pathways; and
(B) publicly disseminate information and
resources on--
(i) replicable related instruction
and on-the-job learning; and
(ii) how to build an understanding of
apprenticeship opportunities available
to students.
(e) Data Sharing Agreement.--The Secretaries shall
disseminate best practices for the alignment of education
records and records of programs under the national
apprenticeship system, including information on program
participants who enroll in, complete, and receive academic
credit for postsecondary coursework while participating in such
a program.
(f) Secretaries Defined.--In this section, the term
``Secretaries'' means the Secretary of Labor and the Secretary
of Education.
Subtitle B--Process and Standards for the National Apprenticeship
System
SEC. 121. APPRENTICEABLE OCCUPATIONS STANDARDS.
For an occupation to be an apprenticeable occupation under
this Act, a person seeking approval for such occupation to be
an apprenticeable occupation shall submit an application to the
Administrator that demonstrates that such apprenticeable
occupation is in-demand and will prepare individuals for the
full range of skills and competencies needed for such
occupation by describing how such apprenticeable occupation
shall--
(1) meet the industry-recognized occupational
standards under section 111(b)(5)(C); or
(2) involve the progressive attainment of skills,
competencies, and knowledge that are--
(A) clearly identified and commonly
recognized throughout the relevant industry or
occupation;
(B) customarily learned or enhanced in a
practical way through a structured, systematic
program of on-the-job supervised learning and
related instruction to supplement such
learning; and
(C) offered through a time-based, competency-
based, or hybrid model as described in section
122(b)(1)(E).
SEC. 122. QUALITY STANDARDS OF PROGRAMS UNDER THE NATIONAL
APPRENTICESHIP SYSTEM.
(a) In General.--The Secretary, acting through the
Administrator, shall formulate and promote the furtherance of
quality standards necessary to safeguard the welfare of
apprentices, pre-apprentices, and youth apprentices.
(b) Apprenticeship Program Standards.--In addition to the
standards described in subsection (e), an apprenticeship
program shall meet the following standards:
(1) The program has an organized and clearly written
plan, developed by the sponsor, that includes, at a
minimum, the following information:
(A) The employment and training to be
received by each apprentice participating in
the program, including--
(i) an outline of the work processes
or the plan in which the apprentice
will receive supervised work
experience, on-the-job training, and
on-the-job learning;
(ii) the allocation of the
approximate amount of time that will be
spent in each major work process by the
apprentice;
(iii) a description of the mentoring
that will be provided to the
apprentice; and
(iv) a description or timeline
explaining the periodic reviews and
evaluations of the apprentice's
performance on the job and in related
instruction.
(B) A process for maintaining appropriate
progress records, including the reviews and
evaluations described in subparagraph (A)(iv).
(C) A description of the organized related
instruction the apprentice will receive in
technical subjects related to the occupation,
which--
(i) for time-based or hybrid
apprenticeship programs as described in
paragraph (E), shall include not less
than 144 hours for each year of
apprenticeship, unless an alternative
requirement is put forth by the
employer and sponsor that reflects
industry standards and is accepted by
the registration agency;
(ii) may be accomplished through
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 that--
(I)(aa) meet technical
instructor requirements of the
applicable education agency in
the State of registration; or
(bb) are subject matter
experts, defined for purposes
of this subparagraph as
individuals 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 providing
the related technical
instruction; and
(iv) where appropriate and to the
extent practicable, shall be aligned to
a career pathway.
(D) A progressively increasing, clearly
defined schedule of wages to be paid to the
apprentice that is--
(i) consistent with measurable skill
gains; and
(ii) ensures the entry wage is not
less than the greater of--
(I) the minimum wage required
under section 6(a) of the Fair
Labor Standards Act of 1938 (29
U.S.C. 206(a)); or
(II) the applicable wage
required by other applicable
Federal or State laws
(including regulations) or
collective bargaining
agreements.
(E) The term of the apprenticeship program,
which may be measured using--
(i) a time-based model, which
requires the completion of the industry
standard for on-the-job learning hours,
which in no case shall be less than
2,000 hours, unless an alternative
requirement is put forth by the
employer and sponsor that reflects
industry standards and the relative
hazards of the occupation, and is
accepted by the Secretary and
registration agency;
(ii) a competency-based model, which
requires the attainment of competency
in the occupation; or
(iii) a hybrid model, which blends
the time-based and competency-based
approaches.
(F) The methods used to measure an
apprentice's skills and competencies, which may
include an initial diagnostic assessment or
assessment of credentials that verify an
individual's foundational knowledge and skills
that would be needed to succeed in an
apprenticeship program, and which shall
include--
(i) in the case of a time-based
apprenticeship described in
subparagraph (E)(i), the individual
apprentice's completion of the required
hours of on-the-job learning as
described in a work process schedule;
or
(ii) in the case of a competency-
based model described in subparagraph
(E)(ii), the individual apprentice's
successful demonstration of acquired
skills and knowledge through
appropriate means of testing and
evaluation for such competencies, and
by requiring apprentices to complete a
paid on-the-job learning component of
the apprenticeship;
(iii) in the case of a hybrid
apprenticeship described in
subparagraph (E)(iii), a combination of
a specified minimum number of hours of
on-the-job learning and the successful
demonstration of competency, as
described in subparagraph (E)(i) and a
work process schedule.
(2) The program equally grants advanced standing or
credit to all individuals applying for the
apprenticeship with demonstrated competency or acquired
experience, training, or skills, and provides
commensurate wages for any progression in standing or
credit so granted, including for veterans' service-
acquired skills and experiences.
(3) The program has minimum qualifications for
individuals desiring to enter the apprenticeship
program, with an eligible starting age for an
apprentice of not less than 16 years.
(4) In the case of a program that chooses to issue an
interim credential, the program--
(A) clearly identifies each interim
credential;
(B) only issues an interim credential for
recognized components of an apprenticeable
occupation and demonstrates how each interim
credential specifically links to the knowledge,
skills, and abilities associated with such
components; and
(C) establishes the process for assessing an
individual apprentice's demonstration of
competency and measurable skill gains
associated with the particular interim
credential.
(c) Pre-apprenticeship Program Standards.--In addition to the
standards described in subsection (e), a pre-apprenticeship
program shall meet the following standards:
(1) The program is designed to assist individuals who
do not meet minimum qualifications for an
apprenticeship program as described in subsection (b)
and prepare them to enter and succeed in such an
apprenticeship programs, including by providing the
skills and competency attainment needed to enter the
apprenticeship program.
(2) The program--
(A) is carried out by a sponsor that has a
written agreement with at least one sponsor of
an apprenticeship program;
(B) demonstrates the existence of an active,
advisory partnership with an industry or sector
partnership to inform the training and
education services necessary for a pre-
apprenticeship program;
(C) demonstrates evidence of sufficient
demand in an apprenticeship program at the
completion of a pre-apprenticeship program to
support a transition from a pre-apprenticeship
to an apprenticeship; and
(D) demonstrates partnerships with qualified
intermediaries, community-based organizations,
labor organizations, or joint labor-management
organizations.
(3) The program includes a written plan developed by
the sponsor that is reviewed and approved by the
sponsor to the agreement with the sponsor of an
apprenticeship program, that--
(A) provides for work-based learning, and
paid work-based learning to the extent
practicable, in which an industry or sector
partnership and a related instruction provider
collaborate to provide training that will
introduce participants to the skills,
competencies, and materials used in one or more
apprenticeable occupations;
(B) is based on and aligned with national,
State, regional, or local industry standards
for high-skill, high-wage, or in-demand
industry sectors and occupations, and the
requirements of the related apprenticeship
program;
(C) to the extent appropriate and
practicable, meets the related instruction
requirements as described in clauses (ii)
through (iv) of subsection (b)(1)(C) that
includes enabling an individual to attain a
secondary school diploma or its recognized
equivalent that enables a pre-apprentice to
enter into an apprenticeship program; and
(D) includes mentoring, career exposure,
career planning, and career awareness
activities.
(d) Youth Apprenticeship Program Standards.--In addition to
the standards described in subsection (e), a youth
apprenticeship program shall meet the following standards:
(1) The program is designed for youth apprentices who
at the start of the program are enrolled in high
school.
(2) The program includes each of the following core
elements:
(A) The employment and training to be
received by each youth apprentice participating
in the program, including--
(i) an outline of the work processes
or the plan in which the youth
apprentice will receive supervised work
experience and on-the-job training or
in an experiential setting;
(ii) the allocation of the
approximate amount of time that will be
spent in each major work process by the
youth apprentice;
(iii) a description of the mentoring
that will be provided to the youth
apprentice; and
(iv) a description or timeline
explaining the periodic reviews and
evaluations of the youth apprentice's
performance on the job and in related
instruction.
(B) A process for maintaining appropriate
progress records, including the reviews and
evaluations described in subparagraph (A)(iv).
(C) Related classroom-based instruction,
which may be fulfilled through dual or
concurrent enrollment, and--
(i) is, to the extent practicable,
aligned with high school diploma
requirements and career clusters; and
(ii) meets the additional
requirements as described in subsection
(b)(1)(C).
(D) A progressively increasing, clearly
defined schedule of wages to be paid to the
youth apprentice.
(E) The term of the youth apprenticeship
program, as described in subsection (b)(1)(E).
(F) For a competency-based or hybrid youth
apprenticeship program, the methods used to
measure skill acquisition for a youth
apprentice, including ongoing assessment
against established skill and competency
standards as described in subsection (b)(1)(F).
(G) Prepares the youth apprentice for
placement in further education, employment, or
an apprenticeship program.
(3) The program equally grants advanced standing or
credit to all individuals applying for the youth
apprenticeship with demonstrated competency or acquired
experience, training, or skills.
(4) In the case of a youth apprenticeship program
that chooses to issue an interim credential, the
program meets the requirements of subsection (b)(4).
(e) General Requirements.--Each program under the national
apprenticeship system shall meet the following standards:
(1) The program--
(A) has adequate and safe equipment,
environments, and facilities for training and
supervision;
(B) provides safety training on-the-job and
in related instruction as applicable by the
apprenticeable occupation; and
(C) provides adequate training for mentors
and qualified instructors on providing a safe
work and training environment.
(2) The program records and maintains all records
concerning the program as may be required by the
Secretary, the registration agency of the program, or
any other applicable law, including records required
under title 38, United States Code, in order for
veterans and other individuals eligible for educational
assistance under such title to use such assistance for
enrollment in the program.
(3) The program provides all individuals with an
equal opportunity to participate in the program as
described in subparagraphs (B) and (C) of section
111(b)(7).
(4) The program awards a certificate of completion in
recognition of successful completion of the program,
evidenced by an appropriate certificate issued by the
registration agency, and in the case of apprenticeships
and youth apprenticeships, prepares a program
participant to obtain a recognized postsecondary
credential.
(5) The program provides that an individual who is to
become a program participant under the program enters
into a written apprenticeship agreement described in
section 123 with the sponsor of the program.
(6) The numeric ratio of program participants to
supervisors (such as journeyworkers, mentors, or on-
the-job learning instructors, as applicable) for the
apprenticeable occupation, that are based on evidence-
based and evidence-informed best practices for
supervision, training, safety, and continuity of
employment, throughout the work processes of the
program, job site, department, or plant, appropriate
for the degree of hazard in different occupations, and
consistent with provisions in collective bargaining
agreements, as applicable, except if such ratios are
expressly prohibited by the collective bargaining
agreements.
SEC. 123. APPRENTICESHIP AGREEMENTS.
(a) In General.--To ensure the standards described in section
122 are applied to programs under the national apprenticeship
system, the Administrator shall require a sponsor to develop an
apprenticeship agreement that shall--
(1) be the same for each program participant;
(2) contain the names and signatures of the program
participant and the sponsor;
(3) meet the requirements of subsection (b); and
(4) be submitted to the registration agency in
accordance with section 124 by the program sponsor.
(b) Standards.--Each agreement under subsection (a) shall
contain, explicitly or by reference, program standards under
section 122, including--
(1) in the case of an apprenticeship program--
(A) that is time-based, a statement of the
number of hours to be spent by the program
participant in on-the-job learning and on-the-
job training in order to complete the program;
(B) that is competency-based, a description
of the skill sets to be attained by completion
of the program, including the on-the-job
learning and work components; or
(C) that is a hybrid model, the minimum
number of hours to be spent by the program
participant in on-the-job learning and work
components and in related instruction, and a
description of the skill sets and competencies
to be attained by completion of the program;
(2) the number of hours and form of related
instruction, including how related instruction will be
compensated (whether through academic credit, wages, or
both), the costs the program participant will incur
costs for participating in the program (such as for
equipment or related instruction), and the recognized
postsecondary credentials the program participants will
be eligible to receive upon program completion;
(3) a schedule of the work processes in the
occupation or industry divisions in which the program
participant is to be trained and the approximate time
to be spent at each process;
(4) for apprenticeships or youth apprenticeships, the
graduated wage scale to be paid to the apprentices,
benefits offered to the apprentices, and how the wages
and benefits compare to State, local, or regional wages
in the related occupation; and
(5) demonstration of commitment to and compliance
with subparagraphs (B) and (C) of section 111(b)(7).
SEC. 124. REGISTRATION OF PROGRAMS UNDER THE NATIONAL APPRENTICESHIP
SYSTEM.
(a) Program Registration Application.--In order to bring
together employers and labor for the formulation of programs
under the national apprenticeship system, the Administrator
shall provide for the registration of programs in which a
sponsor applying to register a program under the national
apprenticeship system shall request registration of such
program from a registration agency by submitting the
information required by the registration agency, including--
(1) information demonstrating that each of the
requirements of section 122 will be met for the
program;
(2) a copy of the apprenticeship agreement described
in section 123 used by the sponsor;
(3) a written assurance that, if the program is
registered under this Act, the sponsor will administer
the program in accordance with the requirements of this
Act and comply with the requirements of the
apprenticeship agreement for each apprentice; and
(4) methods for reporting quarterly data describing
the outcomes associated with the program as required by
the registration agency.
(b) Recognition and Registration Process.--
(1) Review and approval process.--
(A) Provisional approval review.--An
application submitted under subsection (a) that
the registration agency determines meets the
requirements described in such subsection shall
be registered for a provisional 1-year period
beginning not later than 30 days after such
application is submitted. During such period,
the registration agency shall accept and record
the apprenticeship agreement as evidence of the
program's compliance and registration to
operate such program.
(B) Full approval or extended provisional
approval.--By the end of a provisional
registration period for a program, the
registration agency providing provisional
approval under subparagraph (A) shall review
the program for quality and for compliance with
the applicable standards under this subtitle
and all other applicable program requirements
under this Act, and--
(i) if a registration agency
conducting a provisional review
determines that the program complies
with the standards and requirements
under this Act, the registration agency
shall fully approve the registration of
the program; or
(ii) if a registration agency
conducting a provisional review
determines that the program is not
conforming to the requirements or
standards under this Act, the
registration agency may continue the
provisional registration of the program
through the first full training cycle
for program participants, and conduct
an additional provisional review at the
conclusion of the training cycle.
(C) Failure to meet requirements.--If, after
an initial provisional review under
subparagraph (A), a registration agency
conducting such provisional review determines
that the program is not in operation or does
not conform to the requirements under this Act,
the registration agency shall recommend
technical assistance and corrective action for
the program, or deregistration, in accordance
with procedures established under subsections
(b) and (c) of section 131.
(2) Certificate of registration.--
(A) In general.--A registration agency that
registers a program under paragraph (1) shall--
(i) provide the sponsor of the
program with a certificate of
registration or other written evidence
of registration; and
(ii) provide a copy of the
certificate of registration to the
Secretary of Veterans Affairs or the
applicable State veterans agency for
the purpose of aligning the
registration process with the process
for approving such program for eligible
veterans' use of supplemental
educational assistance benefits.
(B) Registration name.--A program shall be
registered in the name of the sponsor, or if a
sponsor enters into a partnership with an
employer who registers the program, in the name
of the employer.
(3) Program participant registration.--A sponsor
providing a program that is registered in accordance
with paragraph (2) shall provide to an individual
seeking to be a program participant the opportunity to
apply through the sponsor, and shall--
(A) enter into a written individual
apprenticeship agreement described in section
123 with each such individual before the
commencement of the program; and
(B) individually register each program
participant with the registration agency by
filing a copy of the individual apprenticeship
agreement with the registration agency or as
otherwise required by the registration agency,
and sharing a copy with the Administrator as
appropriate, as described under section
123(a)(4).
(4) Transition process for previously approved
programs.--With respect to a program that was
registered under this Act as of the day before the date
of enactment of the National Apprenticeship Act of
2020, the registration agency shall take such steps as
necessary to--
(A) in the case of a program that meets of
the requirements of this Act, maintain the
status of the sponsor of the program as of the
date before such date of enactment as the
sponsor of such program under this Act; and
(B) in the case of a program that does not
meet the requirements of this Act, provide
technical assistance to the sponsor of such
program to ensure that the sponsor is in
compliance with this Act not later than 3 years
after the date of enactment of the National
Apprenticeship Act of 2020.
(c) Modifications or Changes to Youth Apprenticeship, Pre-
apprenticeship, or Apprenticeship Programs.--
(1) Sponsor proposal.--Any sponsor that wishes to
modify a program, including the program's method of
meeting the standards required under this Act, shall
submit the proposal for such change or modification to
the registration agency for the program.
(2) Registration agency requirements.--
(A) In general.--The registration agency
shall determine whether to approve the proposal
and notify the sponsor of the determination by
not later than 60 days after receipt of the
proposal.
(B) Approval of proposal.--If the proposal is
approved, the registration agency shall amend
the record of the program to reflect the
modification or change, and provide the sponsor
or program administrator with an acknowledgment
of the amended program, by not later than 30
days after the date of approval.
(C) Disapproval of proposal.--If the proposal
is not approved, the registration agency
shall--
(i) notify the sponsor of the reasons
for the disapproval and provide the
sponsor with technical assistance to
maintain the program as originally
registered;
(ii) provide the sponsor with the
opportunity to submit a revised
modification proposal, including
providing appropriate technical
assistance to modify the proposal in
order to meet the requirements of this
Act; and
(iii) in a case in which the sponsor
submits a revised modification
proposal, not later than 60 days after
receipt of such proposal--
(I) approve the proposal; or
(II) disapprove the proposal
and provide the sponsor with
technical assistance to
maintain the program as
originally registered.
Subtitle C--Evaluations and Research
SEC. 131. PROGRAM EVALUATIONS.
(a) Purpose.--The purpose of this section is to provide
program performance transparency across the programs under the
national apprenticeship system, assess the effectiveness of
States in achieving positive outcomes for program participants
served by those programs, and establish performance
accountability measures related to program completion and key
indicators of performance under the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.).
(b) Reviews by Registration Agencies.--
(1) Performance reviews.--
(A) In general.--A registration agency
shall--
(i) annually collect performance data
for each program registered under
section 124 by such agency to
determine--
(I) the performance of the
program with respect to the
indicators of performance under
section 116(b)(2)(A)(i) of the
Workforce Innovation and
Opportunity Act (29 U.S.C.
3141(b)(2)(A)(i) or in the case
of a youth apprenticeship
program, section
116(b)(2)(A)(ii)) of such Act
(29 U.S.C. 3141(b)(2)(A)(ii)),
as applied to programs under
the national apprenticeship
system; and
(II) the completion rates of
the program; and
(ii) provide technical assistance for
the collection of the information under
clause (i) of this subparagraph and
subparagraph (B), as necessary.
(B) Reports.--The registration agency for a
State shall annually prepare and submit to the
Administrator a State performance report that
includes the following information with respect
to each program registered under section 124 by
such agency, including--
(i) information specifying the levels
of performance described in
subparagraph (A), as compared to goals
set in section 113(c)(8)(A)(i);
(ii) the percentage of program
participants by race, sex ethnicity
and, to the extent practicable, by
individuals with disabilities, as
compared to such percentages within the
working age population who are in the
geographical area from which the
sponsor usually seeks or reasonably
could seek program participants and who
meet the minimum eligibility
requirements for entry into in the
program;
(iii) the percentage of program
participants served by each of the
programs that obtained unsubsidized
employment in a field related to the
apprenticeable occupation;
(iv) the average time to completion
for the program as compared to the
description in the agreement under
paragraphs (1) and (2) of section
123(b);
(v) the average cost per participant
during the most recent program year and
the 3 preceding program years;
(vi) the percentage of program
participants who received supportive
services;
(vii) information on the State's
activities required under section
113(c), including the State's uses of
funds; and
(viii) the disaggregation of the
performance data described in clauses
(i) through (vi)--
(I) by the program type
(apprenticeship, youth
apprenticeship, or pre-
apprenticeship program)
involved; and
(II) by race, ethnicity, sex,
age, and membership in a
population specified in section
3(24) of the Workforce
Innovation and Opportunity Act
(29 U.S.C. 3102(24)).
(C) Reports to congress.--Not later than 60
days after receiving a report under
subparagraph (B), the Secretary shall transmit
to the Committee on Education and Labor of the
House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the
Senate.
(D) Publication.--The Administrator shall
annually make available on a publicly
accessible website each report received under
subparagraph (B) not later than 30 days after
receipt of such report.
(2) Comprehensive program reviews.--
(A) In general.--A registration agency shall
periodically review each program registered
under section 124 by such agency for quality
assurance and compliance with the requirements
of this Act.
(B) Timing of reviews.--A review described in
subparagraph (A) shall occur--
(i) at the end of the first full
training cycle of program participants
under the program; and
(ii) beginning after the review
described in clause (i) at least once
every 5 years.
(C) Review.--The review shall be a
comprehensive review regarding all aspects of
the program performance, including--
(i) determining whether the
registration agency is receiving
notification from the sponsor of a
program regarding individuals who are
registered as new youth apprentices,
pre-apprentices, or apprentices under
the program, or who successfully
complete the program, as required under
this Act;
(ii) determining whether the sponsor
of the program is complying with the
requirements of this Act;
(iii) evaluating the performance of
the sponsor with respect to, at a
minimum, the indicators described in
paragraph (1)(A)(i), with the
performance data disaggregated as
described in paragraph (1)(B)(viii);
and
(iv) ensuring the sponsor's
compliance with the requirement to
provide equal opportunity in
recruitment, training, and employment
as described in subparagraphs (B) and
(C) of section 111(b)(7).
(D) Reports.--On completion of a review under
this paragraph, the registration agency shall
prepare and submit to the Administrator a
report containing the results of the review.
(c) Subsequent Action.--
(1) Technical assistance.--The registration agency
shall provide technical assistance to the sponsor and
identify areas that require technical assistance,
including--
(A) to support the sponsor in creating a plan
to meet the State goals described in section
113(c)(8)(A)(ii), as applicable; and
(B) assistance in the development of a
performance improvement plan if the
registration agency determines, pursuant to any
review under subsection (b), that the youth
apprenticeship, pre-apprenticeship, or
apprenticeship program--
(i) is not in operation;
(ii) is not in compliance with the
requirements of this Act; or
(iii) is achieving levels of
performance on any indicators described
in subsection (b)(1)(A)(i) that are
lower than the State goals for any
program year.
(2) Corrective action and deregistration of an
apprenticeship program.--The registration agency may
take corrective action, and if warranted, deregister a
youth apprenticeship, pre-apprenticeship, or
apprenticeship program, after making a determination
that the program demonstrates persistent and
significant failure to perform successfully, which
occurs when--
(A) the sponsor of the program consistently
fails to register at least 1 program
participant;
(B) the program shows a pattern of poor
results on the indicators described in
subsection (b)(1)(A)(i) over a period of 3
years, given the characteristics of program
participants and economic conditions in the
area served, or are lower than the national or
State average;
(C) the program shows no indication of
improvement in the areas identified by the
registration agency and in the performance
improvement plan under paragraph (1); or
(D) the sponsor has not administered the
program in accordance with the program's
registration, as applicable, or with the
requirements of this Act.
(3) Notification and hearing.--If the registration
agency makes a determination described in paragraph
(2), the registration agency shall notify the Secretary
and the sponsor of the determination in writing, and
permit the sponsor to request a hearing by the Office
of Administrative Law Judges. The registration agency
shall transmit to the Secretary a report containing all
pertinent facts and circumstances concerning the
determination, including findings and a recommendation
for deregistration, and copies of all relevant
documents and records. If the sponsor does not request
the hearing not later than 15 days after receiving such
notification, the registration agency shall deregister
the program after the period for requesting such a
hearing has expired.
(4) Notification and treatment of apprentices.--Not
later than 15 days after the registration agency
deregisters a program, the sponsor or program
administrator shall notify program participant--
(A) of such deregistration and the effective
date;
(B) that such deregistration automatically
deprives the program participant of individual
registration as part of such youth
apprenticeship, pre-apprenticeship, or
apprenticeship program, including the ability
to receive a certificate of completion from the
registration agency;
(C) that the deregistration of the program
removes the program participant from
eligibility for any Federal financial or other
assistance, or rights, privileges, or
exemptions under Federal law, that--
(i) relates to an apprentice; and
(ii) requires the registration
agency's approval; and
(D) that all youth apprentices, pre-
apprentices, or apprentices are referred to the
registration agency for information about
potential transfers to other programs under the
national apprenticeship system.
SEC. 132. NATIONAL APPRENTICESHIP SYSTEM RESEARCH.
(a) Research.--The Secretary shall conduct, through an
independent entity, research for the purpose of improving the
management and effectiveness of the programs and activities
carried out under this Act and to assist in the evaluation of
the programs as described in section 131.
(b) Techniques.--The research conducted under this section
shall utilize appropriate methodology and research designs.
(c) Contents.--Such research shall address--
(1) the general effectiveness of such programs and
activities in relation to their cost, including the
extent to which the programs and activities--
(A) improve the skill and employment
competencies of participants in comparison to
comparably-situated individuals who did not
participate in such programs and activities;
(B) to the extent feasible, increase the
levels of total employment, of attainment of
recognized postsecondary credentials, and of
measurable skills, above the levels that would
have existed in the absence of such programs
and activities;
(C) respond to the needs reflected in labor
market data in the local area and align with
high-skill, high-wage, or in-demand industries
or occupations; and
(D) demonstrate a return on investment of
Federal, State, local, sponsor, employer, and
other funding for programs under the national
apprenticeship system, capturing the full level
of investment in, and impact of, such programs
under the national apprenticeship system;
(2) the impact of the National Apprenticeship Act of
2020 on the general effectiveness of programs under the
national apprenticeship system, including the
implementation of policies such as dual or concurrent
enrollment programs, advanced standing, or industry
recognized apprenticeable occupations;
(3) best practices in increasing nontraditional
apprenticeship populations' participation in programs
under the national apprenticeship system; and
(4) opportunities to scale up effective models under
the national apprenticeship system.
(d) Reports.--
(1) Independent entity.--The independent entity
carrying out the research shall prepare and submit to
the Secretary--
(A) an interim report containing findings
from the research; and
(B) a final report containing the results of
the research, including policy recommendations.
(2) Reports to congress.--Not later than 60 days
after receipt of the interim report and final report
described in subparagraphs (A) and (B) of paragraph
(1), respectively, the Secretary shall submit each
report to the Committee on Education and Labor of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
(e) Public Access.--The Secretary shall make the interim and
final reports available on a publicly accessible website not
later than 60 days after the receipt of the interim and final
report.
Subtitle D--General Provisions
SEC. 141. AUTHORIZATION OF APPROPRIATIONS.
(a) Office of Apprenticeship.--There are authorized to be
appropriated to carry out sections 111 and 112--
(1) $50,000,000 for fiscal year 2021;
(2) $60,000,000 for fiscal year 2022;
(3) $70,000,000 for fiscal year 2023;
(4) $80,000,000 for fiscal year 2024; and
(5) $90,000,000 for fiscal year 2025.
(b) Interagency Agreement.--There are authorized to be
appropriated to carry out section 114--
(1) $10,000,000 for fiscal year 2021;
(2) $12,000,000 for fiscal year 2022;
(3) $14,000,000 for fiscal year 2023;
(4) $16,000,000 for fiscal year 2024; and
(5) $18,000,000 for fiscal year 2025.
TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21st
CENTURY GRANTS
SEC. 201. GRANT REQUIREMENTS.
(a) Authority.--
(1) in general.--The Administrator shall award
grants, contracts, or cooperative agreements to
eligible entities on a competitive basis for one or
more of the following purposes:
(A) Creation and expansion activities.--To
expand the offerings of programs under the
national apprenticeship system--
(i) to create new apprenticeship
programs in a nontraditional
apprenticeship industry or occupation,
such as for programs demonstrating
demand in information technology,
energy, green jobs, advanced
manufacturing, health care, or
cybersecurity;
(ii) to expand existing
apprenticeship programs demonstrating
labor market demand;
(iii) to create new or expand
existing pre-apprenticeship programs;
or
(iv) to create new or expand existing
youth apprenticeship programs.
(B) Encouraging employer participation.--To
encourage employer participation in programs
under the national apprenticeship system--
(i) that target individuals with
barriers to employment in youth
apprenticeship, pre-apprenticeship, or
apprenticeship programs, prioritizing
nontraditional apprenticeship
populations such as women, minorities,
long-term unemployed, individuals with
a disability, individuals with
substance abuse issues, veterans,
military spouses, individuals
experiencing homelessness, individuals
impacted by the criminal or juvenile
justice system, and foster and former
foster youth;
(ii) that are in high-need social
service-related industries, sectors, or
occupations, such as direct care
workers and early childhood educators;
(iii) that target individuals
currently or recently incarcerated; or
(iv) among small- and medium-sized
employers.
(C) Intermediary grants.--If the eligible
entity is a qualified intermediary--
(i) to support national industry and
equity intermediaries in establishing
or expanding sector-based partnerships
to support the delivery or expansion of
programs under the national
apprenticeship system to significant
scale in the United States--
(I) in key sectors, including
manufacturing, information
technology, cyber security,
health care, insurance and
finance, energy, hospitality,
retail, construction, and other
sectors identified by the
Administrator and the Advisory
Committee as targeted for
expansion under the national
apprenticeship system; or
(II) for nontraditional
apprenticeship populations,
women, minorities, individuals
with disabilities, and
individuals impacted by the
criminal or juvenile justice
system; or
(ii) to serve programs under the
national apprenticeship system in a
local or regional setting.
(D) Educational alignment.--To strengthen
alignment between programs under the national
apprenticeship system and education and
training providers with secondary and
postsecondary education systems, including
degree and credential requirements.
(2) Duration.--
(A) In general.--The Administrator shall
award grants under this subsection for a period
of not more than 3 years.
(B) Extension.--The eligible entity may apply
for, and the Administrator may grant, an
extension of the grant period for not more than
1 additional 2-year period, if the grant
recipient demonstrates to the Administrator
that the recipient--
(i) has effectively implemented a
project to achieve its stated purpose
as described in subsections (e) and
(f);
(ii) has complied with the assurances
as described in subsection (e)(9); and
(iii) has improved applicable
outcomes, as demonstrated through
indicators referred to in section
203(a)(2).
(b) Funding Requirements.--
(1) Matching funds required.--The Administrator shall
require, as a condition of receipt of funds under this
section, an eligible entity to match funds awarded
under this section in an amount not less than 25
percent of the funds awarded to such recipient under
this section. Such eligible entity may make the
matching funds available directly or through donations
from non-Federal, public, or private organizations, in
cash or in kind, fairly evaluated.
(2) Waiver.--The Administrator may waive the
requirement under paragraph (1) if the entity
demonstrates that exceptional circumstances prevent the
entity from meeting the requirement, such as
demonstrating that the entity serves a high proportion
of individuals with barriers to employment, or due to
exceptional or uncontrollable circumstances, such as a
natural disaster or a precipitous and unforeseen
decline in the financial resources of the eligible
entity.
(c) Priority and Distribution.--
(1) Priority.--In awarding grants under this section,
the Administrator shall give priority to an eligible
entity--
(A) proposing to serve a high number or high
percentage of participants who are from
nontraditional apprenticeship populations; and
(B) providing opportunities in high-wage,
high-skill, or in-demand sectors and
occupations.
(2) Geographic distribution.--In awarding grants
under this subsection, the Administrator shall, to the
extent practicable, ensure a geographically diverse
distribution of grants, including a geographically
diverse distribution among regions of the country and
among urban, suburban, and rural areas.
(d) Eligible Entity.--To be eligible to apply for grants
under this title, an eligible entity shall--
(1) demonstrate a partnership with two or more of the
following:
(A) a State or local workforce development
board or State or local workforce agency;
(B) an education and training provider, or a
consortium thereof;
(C) a State apprenticeship agency;
(D) an Indian Tribe or Tribal organization;
(E) an industry or sector partnership, a
group of employers, a trade association, or a
professional association that sponsors or
participates in a program under the national
apprenticeship system;
(F) a Governor;
(G) a labor organization or joint-labor
management organization;
(H) community-based organizations that assist
program participants in accessing supportive
services; or
(I) a qualified intermediary; and
(2) to the extent practicable, be part of an industry
or sector partnership.
(e) General Application Requirements.--An eligible entity
applying for a grant under this section shall submit to the
Administrator a description of each of the following:
(1) Each purpose under subsection (a) for which the
applicant intends to use such grant.
(2) Each entity with which the eligible entity is
partnered or engaged under subsection (d) and the role
of each such entity in carrying out activities funded
under this subsection.
(3) The ability of the applicant, directly or through
partners--
(A) to enroll, instruct, advance, and
graduate program participants served by the
grant activities, and enable the participants
to gain employment after program completion;
(B) to support (including by providing
technical assistance) program sponsors and
employers (especially small- and medium-sized
businesses) in the creation of, recruitment
for, and execution of programs under the
national apprenticeship system; and
(C) to provide opportunities to rural
communities, as applicable.
(4) A labor market analysis with respect to the
geographic area of service that demonstrates--
(A) the need to create or expand the program;
and
(B) a plan to align the activities supported
by the grant with the labor market needs of
high-skill, high-wage, or in-demand industry
sectors or occupations.
(5) A plan--
(A) to comply with requirements for an
evaluation and report under section 203;
(B) as appropriate, to coordinate activities
assisted under the grant with activities
carried out under the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.), the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.),
the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.), and
any related Federal programs and if
appropriate, how funds provided under these
programs will be leveraged in support of the
programs supported by this grant;
(C) to use funds awarded under this section
in support of the programs supported by this
grant, as described in section 202;
(D) to continue the program after the grant
period ends; and
(E) to recruit and retain program
participants for pre-apprenticeship, youth
apprenticeship, and apprenticeship programs,
including from nontraditional apprenticeship
populations, such as women, minorities,
individuals with disabilities, individuals
impacted by the criminal or juvenile justice
system, and individuals with barriers to
employment, to ensure program participants are
able to access supportive services, as
applicable, and how such plan will support the
eligible entity in meeting the equal
opportunity requirements for diversity
described in subparagraphs (B) and (C) of
section 111(b)(7) and section 113(c)(5), as
applicable.
(6) For any grants expanding existing programs under
the national apprenticeship system, a description of--
(A) a plan to coordinate the activities
carried out under the grant with the existing
program; and
(B) the effectiveness of the program,
including demonstrations of programmatic
components such as program costs to employers
and to program participants, completion and
placement rates, credential attainment,
diversity in populations served, the
effectiveness of the program in increasing
participant's wages and benefits, or services
provided to employers and program participants.
(7) A description of potential program participants
and strategies to support the recruitment, retention,
and completion of such participants, including
nontraditional apprenticeship populations and
individuals with barriers to employment, to the extent
practicable.
(8) A description of strategies to recruit and
support employers involved in programs under the
national apprenticeship system.
(9) An assurance that the eligible entity will--
(A) provide information to the Administrator,
as requested, for any such evaluations as the
Administrator may carry out;
(B) make program performance outcome data
available (in accordance with applicable data
privacy laws, including section 444 of the
General Education Provisions Act (20 U.S.C.
1232g) and section 4 of this Act) to
independent evaluators to enable the evaluators
to prepare the evaluations and research reports
described in section 203(a)(1); and
(C) coordinate grant activities with a State
Apprenticeship Agency, if such agency exists in
the State where the eligible entity is applying
for a grant or carrying out activities.
(f) Additional Application Requirements.--The Administrator
shall require an eligible entity applying for a grant under
this title to include as part of their application in
subsection (e) the following information, as applicable:
(1) Creation and expansion activities.--
(A) New apprenticeship programs.--An eligible
entity applying to create new apprenticeship
programs and carry out activities in accordance
with subsection (a)(1)(A)(i) shall include as
part of their application a description of--
(i) any plans for further expansion
upon development of the program; and
(ii) employers, and to the extent
practicable, labor organizations or
joint labor-management organizations,
engaged in the program creation and
implementation.
(B) Expanding apprenticeship programs.--An
eligible entity applying to expand existing
apprenticeship programs and carry out
activities in accordance with subsection
(a)(1)(A)(ii) shall include as part of their
application a description of employers engaged
in the program expansion.
(C) Creating or expanding pre-apprenticeship
programs.--An eligible entity applying to
create or expand pre-apprenticeship programs
and carry out activities in accordance with
subsection (a)(1)(A)(iii) shall include as part
of their application a description of--
(i) a partnership between the
eligible entity and at least one
apprenticeship program; and
(ii) existing partnerships with
employers acting in either an advisory
capacity or actively participating in
the pre-apprenticeship program.
(D) Creating or expanding youth
apprenticeship programs.--An eligible entity
applying to create or expand youth
apprenticeship programs and carry out
activities in accordance with subsection
(a)(1)(A)(iv) shall include as part of their
application a description of--
(i) an existing partnership with at
least one high school offering related
instruction for the youth
apprenticeship program, with existing
integration into the academic content
of the high school diploma
requirements, or with demonstrated
plans for integration of related
instruction into the high school
curriculum; and
(ii) existing partnerships with
employers acting in either an advisory
capacity or actively participating in
the youth apprenticeship program.
(2) Encouraging employer participation.--
(A) Individuals with barriers to
employment.--An eligible entity applying to
target individuals with barriers to employment
for apprenticeship, youth apprenticeship, or
pre-apprenticeship programs and carry out
activities in accordance with subsection
(a)(1)(B)(i) shall include as part of their
application a description of--
(i) specific strategies to target
both individuals with barriers to
employment and employers for
participation in the program; and
(ii) partnerships with organizations
that assist program participants in
accessing supportive services to
support recruitment, retention, and
completion of the program by program
participants.
(B) High-need social service-related
industries.--An eligible entity applying to
offer pre-apprenticeship, youth apprenticeship,
or apprenticeship programs in high-need social
service-related industries, sectors, or
occupations and carry out activities in
accordance with subsection (a)(1)(B)(ii) shall
include as part of their application a
description of wages and benefits offered to
program participants.
(C) Individuals currently or recently
incarcerated.--An eligible entity applying to
target individuals currently or recently
incarcerated and establish or carry out pre-
apprenticeship programs and apprenticeship
programs in accordance with subsection
(a)(1)(B)(iii) shall include as part of their
application a description of--
(i) a plan to assist the program
participants in obtaining the
documentation and work authorization
necessary to participate in such
program;
(ii) partnerships with organizations
that will assist program participants
in accessing activities to improve
financial literacy and supportive
services;
(iii) how the assessments used to
support the placement of potential
program participants into a program
accurately reflect the participants'
skills and competencies;
(iv) a plan to provide information
about resources to program participants
to address mental health or substance
abuse issues;
(v) partnerships with organizations
that support--
(I) the transition from
incarceration to re-entry, such
as assistance with housing,
transportation, and legal
services; and
(II) successful completion of
an apprenticeship or pre-
apprenticeship program;
(vi) wages and benefits offered to
program participants that are
commensurate with wages for similar
work in the State or local area, as
allowable; and
(vii) alignment and necessary
supports to comply with and receive the
benefits of the Federal Bonding Program
and the Prison Industry Enhancement
Certification Program for employers
participating in apprenticeship
programs.
(D) Small- and medium-sized employers.--An
eligible entity applying to engage small- and
medium-sized employers and carry out activities
in accordance with subsection (a)(1)(B)(iv)
shall include as part of their application a
description of demonstrated success in engaging
small- and medium-sized employers and the
ability to recruit new employers to participate
in related partnerships or programs, such as
small businesses owned or controlled by women,
minorities, or veterans.
(3) Intermediary grants.--
(A) Supporting national industry and equity
intermediaries.--An eligible entity applying to
carry out activities in accordance with
subsection (a)(1)(C)(i) shall include as part
of their application a description of the
ability of such entity to convene a diverse
group of industry specific stakeholders for the
purposes of developing or expanding programs,
including employers, workforce development
organizations, industry associations, labor
groups (including joint labor-management
organizations), and education and training
providers at a national level or with national
reach.
(B) Serving programs in a local or regional
setting.--An eligible entity applying to carry
out activities in accordance with subsection
(a)(1)(C)(ii) shall include as part of their
application a description of how such entity
will--
(i) engage employers, especially
small- and medium-sized businesses, in
the formation or ongoing development of
industry or sector partnerships and
programs in the national apprenticeship
system;
(ii) identify the industry or sector
partnerships that will be served, and
demonstrate alignment to high-skill,
high-wage, or in-demand industry
sectors or occupations;
(iii) leverage additional resources,
including funding provided by Federal
and non-Federal resources; and
(iv) provide services to program
sponsors and program participants.
(4) Educational alignment.--An eligible entity
applying to carry out activities in accordance with
subsection (a)(1)(D) shall include as part of their
application a description of--
(A) a demonstration of a partnership with--
(i)(I) no less than three sponsors or
employers; or
(II) an industry or sector
partnership; and
(ii) at least 1 of the following--
(I) an educational service
agency;
(II) a high school;
(III) a local educational
agency;
(IV) State educational
agency;
(V) an Indian Tribe, Tribal
organization, Tribal
educational agency, Tribally
controlled college or
university, or Tribally
controlled postsecondary career
and technical institution, as
applicable;
(VI) a postsecondary
educational institution; or
(VII) a State higher
education agency; and
(B) a commitment to establishing or expanding
the alignment of the related instruction to--
(i) the requirements for a high
school diploma, which may be fulfilled
through a dual or concurrent enrollment
program; or
(ii) the requirements for a
recognized postsecondary credential,
including the degree requirements for
an associate's or bachelor's degree.
SEC. 202. USES OF FUNDS.
(a) General Activities.--An eligible entity applying for any
grant activity under section 201(a)(1)--
(1) shall use at least 5 percent of the grant funds
to provide direct financial assistance to apprentices,
pre-apprentices, or youth apprentices through emergency
grants to support their financial needs to enter,
remain enrolled in, and complete such program, such as
support for the related costs of supplies and
equipment, courses, transportation, child care, and
housing; and
(2) may use funds for any of the following
activities:
(A) To establish or expand partnerships with
organizations that provide program participants
access to financial planning, mentoring, and
supportive services that are necessary to
enable an individual to participate in and
complete a program under the national
apprenticeship system.
(B) To conduct outreach and recruitment
activities, including assessments of potential
participants for, and enrollment of
participants in, a program under the national
apprenticeship system.
(C) To conduct outreach, engagement,
recruitment, and coordination of activities
with employers, industry associations, labor
and joint labor-management organizations,
qualified intermediaries, education and
training providers, State or local workforce
agencies, potential sponsors, community-based
organizations, communities with high numbers or
percentages of nontraditional apprenticeship
populations, small- and medium-sized
businesses, or rural communities to establish
or expand industry or sector partnerships and
opportunities under the national apprenticeship
system.
(D) To carry out grant requirements,
including program evaluation and reporting
requirements.
(E) To conduct any activities as described in
the application that would advance the purposes
of the grant.
(F) To support the transition to virtual or
remote learning or training, as necessary and
as approved by the registration agency.
(b) Additional Uses of Funds.--
(1) Creation or expansion activities.--
(A) Apprenticeship program creation.--An
eligible entity that receives funds under
section 201(a)(1)(A)(i) shall use such funding
to create and implement an apprenticeship
program, which may include--
(i) creating and providing training
and related instruction based on
employer engagement;
(ii) applying apprenticeship
frameworks as described in section
111(b)(5)(C) to the State or local
labor market and employer needs; or
(iii) aligning the new program with
existing apprenticeship programs.
(B) Apprenticeship program expansion.--An
eligible entity that receives funds under
section 201(a)(1)(A)(ii) shall use such funds
to expand an existing apprenticeship program,
which may include--
(i) expanding and enhancing related
instruction;
(ii) conducting outreach to and
engagement with employers for the
purposes of program expansion,
including creation of new or expansion
of existing industry or sector
partnerships;
(iii) preparing additional
instructors or mentors needed for
program expansion;
(iv) building awareness of
apprenticeship program opportunities
for State or local workforce
development, education, and economic
development entities; and
(v) providing commensurate wages to
wages for on-the-job training for
program participants during related
instruction, as applicable.
(C) Pre-apprenticeship programs.--An eligible
entity that receives funds under section
201(a)(1)(A)(iii) shall use such funds to
create a new pre-apprenticeship program or
expand an existing pre-apprenticeship program,
which may include--
(i) coordinating pre-apprenticeship
program activities with an
apprenticeship program in a high-skill,
high-wage, or in-demand industry sector
or occupation, including the creation
or expansion of work-based learning
opportunities, and articulation
agreements for those who successfully
complete a pre-apprenticeship to earn
academic credit and enroll in an
apprenticeship program;
(ii) creating, expanding, or
integrating related instruction and
work-based learning, which may include
training in the workplace and
supporting partnerships to create
opportunities for pre-apprentices to
earn credit at a postsecondary
educational institution for skills and
competencies acquired during the pre-
apprenticeship program;
(iii) providing participants with
career exploration and career planning
activities and with exploration of
postsecondary opportunities including
apprenticeship programs;
(iv) with respect to participants
without a high school diploma or a
generally recognized equivalent, paying
the costs affiliated with acquiring
such equivalent, and the costs of any
related assessments of potential pre-
apprentices or active pre-apprentices,
including those that would verify the
attainment of foundational knowledge
and skills necessary to succeed in an
apprenticeship program;
(v) development or expansion of
partnerships with organizations that
assist program participants in
accessing supportive services, which
may include the 12-month period after
the conclusion of a pre-apprenticeship
program;
(vi) providing commensurate wages to
the linked apprenticeship program for
pre-apprentices as they participate in
and complete the pre-apprenticeship
program, as appropriate;
(vii) paying the cost of related
instruction associated with the pre-
apprenticeship program, as appropriate;
or
(viii) creating or expanding industry
or sector partnerships to support the
pre-apprenticeship program and to
provide additional opportunities to the
pre-apprentices.
(D) Youth apprenticeship programs.--An
eligible entity that receives funds under
section 201(a)(1)(A)(iv) shall use such funds
to create a new youth apprenticeship program or
expand an existing youth apprenticeship
program, which may include--
(i) paying for the costs associated
with curriculum development and
alignment of that curriculum with
recognized postsecondary credentials
including industry-recognized
credentials, high school graduation
requirements, and related instruction,
including curriculum development for
dual or concurrent enrollment;
(ii) providing employers, and to the
extent practicable, labor organizations
and joint labor management
organizations, technical assistance to
support the participation of youth
apprentices under the age of 18;
(iii) integrating work-based and
academic learning, which may include
training in the workplace;
(iv) providing career exploration and
career planning activities, including
exploration of postsecondary
opportunities such as apprenticeship
programs;
(v) providing technical assistance to
support the participation of small- and
medium-sized businesses in youth
apprenticeship programs;
(vi) developing or expanding
partnerships with organizations that
assist program participants in
accessing supportive services, which
may include the 12-month period after
the conclusion of such a youth
apprenticeship program; or
(vii) providing teachers, career
guidance and academic counselors,
school leaders, administrators,
specialized instructional support
personnel, and paraprofessionals with
professional development opportunities
to build an understanding of
apprenticeship opportunities available
to students, including experiential
opportunities like externships.
(2) Incentive funds.--
(A) Barriers to employment.--An eligible
entity that receives funds under section
201(a)(1)(B)(i) shall use such funds to
encourage employer participation in programs
under the national apprenticeship system that
target individuals with barriers to employment,
which may include--
(i) providing financial assistance to
employers to support costs related to
the programs, such as training
incumbent workers for participation as
mentors or employees supervising the
on-the-job learning;
(ii) supporting the cost of related
instruction or wages for program
participants during related
instruction; and
(iii) establishing or expanding
partnerships with organizations that
assist program participants in
accessing supportive services to
support recruitment, retention, and
completion, including providing
supplies and equipment necessary to
begin a program under the national
apprenticeship system.
(B) High-need social service-related
industries.--An eligible entity that receives
funds under section 201(a)(1)(B)(ii) shall use
such funds to incentivize employer
participation in programs under the national
apprenticeship system in high need social
service-related industries, sectors, or
occupations, which may include--
(i) providing financial assistance to
employers to support costs related to
the program, such as training incumbent
workers as mentors, or employees
providing on-the-job training;
(ii) supporting the cost of related
instruction or wages for program
participants during related
instruction;
(iii) establishing or expanding
partnerships with organizations that
assist program participants in
accessing supportive services to
support recruitment, retention, and
completion, including providing
supplies and equipment necessary to
begin a program under the national
apprenticeship system; or
(iv) aligning such program with
career pathways and opportunities for
advancement along such career pathways.
(C) Individuals impacted by the justice
system.--An eligible entity that receives funds
under section 201(a)(1)(B)(iii) shall use such
funds to incentivize employer participation in
programs under the national apprenticeship
system that target individuals impacted by the
criminal or juvenile justice system, which may
include--
(i) providing financial assistance to
employers to support costs related to
the program, such as training incumbent
workers as mentors or employees
supervising the on-the-job learning; or
(ii) supporting the cost of related
instruction or wages for program
participants during related
instruction.
(D) In-demand industry sector or occupation
grants for small- and medium-sized
businesses.-- An eligible entity that receives
funds under section 201(a)(1)(B)(iv) shall use
such funds to encourage participation of small-
and medium-sized businesses in programs under
the national apprenticeship system, which may
include--
(i) providing financial assistance to
employers to support costs related to
the program, such as training incumbent
workers as mentors or employees
supervising the on-the-job learning;
(ii) supporting the cost of related
instruction or wages for program
participants during related
instruction;
(iii) providing technical assistance
to small- and medium-sized businesses
on the program registration process and
leveraging other available funds to
support carrying out programs supported
by this grant; or
(iv) establishing or expanding
partnerships to support program
development or expansion, including
establishing or expanding industry or
sector partnerships to ensure inclusion
of small- and medium-sized businesses.
(3) Intermediary grants.--
(A) National industry and equity
intermediaries.--An eligible entity that
receives funds under section 201(a)(1)(C)(i)
shall use such funds to carry out activities at
a national and regional level to support the
promotion and expansion of industry or equity
intermediaries, which may include--
(i) creating partnerships and
leveraging collaborations with
employers, workforce development
organizations, industry associations,
labor organizations, and education and
training providers to help multiple
employers make education and training
more affordable and accelerate the
expansion of programs under the
national apprenticeship system
nationwide;
(ii) assisting employers in expanding
programs, starting new programs, and
working together to create a pipeline
of skilled workers;
(iii) increasing the participation
and completion of nontraditional
apprenticeship populations in programs
under the national apprenticeship
system, which may include--
(I) supporting the
development, implementation,
and scaling of plans and
practices; and
(II) identifying, developing,
and disseminating effective
program tools and strategies;
(iv) providing national activities to
increase awareness and access to
programs, including strategic marketing
and outreach, technology improvements,
and innovations that make it easier for
employers to start programs and for
individuals to connect with program
opportunities;
(v) developing and disseminating
training or related instruction
associated with the program or for
curriculum improvements that align with
the requirements of the program and
learning assessments; or
(vi) providing industry employees or
potential employees with a clear
understanding of future career paths
and the skills needed to succeed, along
with cost effective ways of acquiring
those skills through youth
apprenticeship, pre-apprenticeship, or
apprenticeship programs.
(B) Local intermediaries.--An eligible entity
that receives funds under section
201(a)(1)(C)(ii) may use such funds to carry
out activities at a local or regional level to
support the promotion and expansion of programs
under the national apprenticeship system, which
may include--
(i) providing training or related
instruction associated with the
programs or for curriculum improvements
that align with the requirements of the
programs and learning assessments;
(ii) engaging with local education
and training providers to support
related instruction aligned with the
needs of high-skill, high-wage, or in-
demand industry sectors and
occupations, and to the extent
practicable, support the provision of
academic credit for related
instruction;
(iii) providing services, including
business engagement, classroom
instruction, and development of
partnerships with organizations that
assist program participants in
accessing supportive services (which
may include the 12-month period after
the conclusion of the other activities
in the youth apprenticeship and pre-
apprenticeship programs involved);
(iv) providing technical assistance
on the registration process for a
sponsor of a youth apprenticeship, pre-
apprenticeship, or apprenticeship
program;
(v) connecting businesses, labor
organizations, or joint-labor
management organizations with education
and training providers to develop
related instruction to complement the
on-the-job learning portion of a youth
apprenticeship, pre-apprenticeship, or
apprenticeship program;
(vi) providing training to employees
to serve as on-the-job trainers or
mentors to program participants; and
(vii) providing career exposure,
career planning, and career awareness
activities.
(4) Educational alignment grants.--An eligible entity
that receives funds under section 201(a)(1)(D) shall
use such funds to strengthen alignment between programs
under the national apprenticeship system and education
and training providers with secondary and postsecondary
education systems, including degree and credential
requirements, which may include--
(A) creating and aligning the related
instruction to requirements for a high school
diploma or an associate's or bachelor's degree,
including through--
(i) dual enrollment and credit
articulation for youth apprenticeship
programs;
(ii) articulation agreements; or
(iii) credit transfer agreements;
(B) creating or expanding career pathways
aligned with pre-apprenticeship, youth
apprenticeship, or apprenticeship programs;
(C) providing professional development for
teachers, career guidance and academic
counselors, school leaders, administrators,
specialized instructional support personnel,
and paraprofessionals to build an understanding
of opportunities in the national apprenticeship
system available to students and to incorporate
such opportunities into academic content and
offerings;
(D) offering prior learning assessments,
which may include credit for prior learning to
grant advanced standing in a program under the
national apprenticeship system and credit
towards an associate's or bachelor's degree;
(E) maintaining a connection between a pre-
apprenticeship or youth apprenticeship program
and an apprenticeship program; and
(F) providing training for instructors or
mentors.
SEC. 203. GRANT EVALUATIONS.
(a) Recipient Reports.--Each recipient of a grant under this
section shall--
(1) provide for an independent evaluation of the
activities carried out under this title during the
grant period;
(2) provide for an annual report and for a final
report at the conclusion of the grant period, which
include--
(A) a description of how the funds received
through the grant were used and how the uses of
funds aligned with the description in the
application specified in section 201(e)(5)(C);
(B) in the case of an eligible entity that is
required to report data under section
131(b)(1), the data collected under such
section for the grant period;
(C) the total number of active program
participants served by each of the grant
programs;
(D) the total number that obtained
unsubsidized employment in a field related to
the apprenticeable occupation;
(E) the total number of program participants
that completed the program in which they were
enrolled;
(F) the average time to completion for each
program as compared to the program standards
description under paragraphs (1) and (2) of
section 123(b);
(G) the average cost per participant during
the most recent program year and the 3
preceding program years;
(H) the percentage of participants who
received support services; and
(I) the disaggregation of performance data
described in subparagraphs (A) through (H)--
(i) by the program type
(apprenticeship, youth apprenticeship,
or pre-apprenticeship program)
involved; and
(ii) by race, ethnicity, sex, age,
and membership in a population
specified in section 3(24) of the
Workforce Innovation and Opportunity
Act (29 U.S.C. 3102(24)); and
(3) submit each report under paragraph (2)--
(A) to the registration agency; and
(B) to the Administrator.
(b) Administrator Evaluations.--
(1) In general.--The Administrator shall prepare--
(A) not later than 36 months after the date
of enactment of the National Apprenticeship Act
of 2020, an interim evaluation on the
activities carried out under grants awarded
under this section; and
(B) not later than 60 months after the date
of enactment of the National Apprenticeship Act
of 2020, a final evaluation containing the
results of the grant activities.
(2) Contents.--Such evaluations shall address, for
the activities carried out under each grant awarded
under this section, the general effectiveness of the
activities in relation to their cost, including the
extent to which the activities--
(A) improve the participation in, retention
in, and completion of youth apprenticeship,
pre-apprenticeship, and apprenticeship programs
by nontraditional apprenticeship populations;
(B) to the extent feasible, increase the
levels of total employment, of attainment of
recognized postsecondary credentials, and of
measurable skills, above the levels that would
have existed in the absence of such activities;
(C) respond to the needs reflected in State,
regional, or local labor market data;
(D) align with high-skill, high-wage, or in-
demand industries or occupations; and
(E) reach a wide variety of industry sectors
and occupations;
(3) Reports to congress.--Not later than 60 days
after the completion of the interim evaluation and the
final evaluation described in this section, the
Administrator shall submit to the Committee on
Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions
of the Senate a report summarizing the findings of the
interim evaluations and a report summarizing the final
evaluations.
(4) Public access.--The Administrator shall make the
interim and final reports available on a publicly
accessible website not later than 60 days after the
completion of the interim report and the final report.
SEC. 204. GRANT APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title:
(1) $400,000,000 for fiscal year 2021;
(2) $500,000,000 for fiscal year 2022;
(3) $600,000,000 for fiscal year 2023;
(4) $700,000,000 for fiscal year 2024; and
(5) $800,000,000 for fiscal year 2025.
----------
AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT OF 1998
DIVISION C--OTHER MATTERS
* * * * * * *
TITLE IV--AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT
* * * * * * *
SEC. 414. COLLECTION AND USE OF H-1B NONIMMIGRANT FEES FOR SCHOLARSHIPS
FOR LOW-INCOME MATH, ENGINEERING, AND COMPUTER
SCIENCE STUDENTS AND JOB TRAINING OF UNITED STATES
WORKERS.
(a)
* * * * * * *
[(c) Job Training Grants.--
[(1) In general.--The Secretary of Labor shall use
funds available under section 286(s)(2) of the
Immigration and Nationality Act (8 U.S.C. 1356(s)(2))
to award grants to eligible entities to provide job
training and related activities for workers to assist
them in obtaining or upgrading employment in industries
and economic sectors identified pursuant to paragraph
(4) that are projected to experience significant growth
and ensure that job training and related activities
funded by such grants are coordinated with the public
workforce investment system.
[(2) Use of funds.--
[(A) Training provided.--Funds under this
subsection may be used to provide job training
services and related activities that are
designed to assist workers (including
unemployed and employed workers) in gaining the
skills and competencies needed to obtain or
upgrade career ladder employment positions in
the industries and economic sectors identified
pursuant to paragraph (4).
[(B) Enhanced training programs and
information.--In order to facilitate the
provision of job training services described in
subparagraph (A), funds under this subsection
may be used to assist in the development and
implementation of model activities such as
developing appropriate curricula to build core
competencies and train workers, identifying and
disseminating career and skill information, and
increasing the integration of community and
technical college activities with activities of
businesses and the public workforce investment
system to meet the training needs for the
industries and economic sectors identified
pursuant to paragraph (4).
[(3) Eligible entities.--Grants under this subsection
may be awarded to partnerships of private and public
sector entities, which may include--
[(A) businesses or business-related nonprofit
organizations, such as trade associations;
[(B) education and training providers,
including community colleges and other
community-based organizations; and
[(C) entities involved in administering the
workforce development system, as defined in
section 3 of the Workforce Innovation and
Opportunity Act, and economic development
agencies.
[(4) High growth industries and economic sectors.--
For purposes of this subsection, the Secretary of
Labor, in consultation with State workforce investment
boards, shall identify industries and economic sectors
that are projected to experience significant growth,
taking into account appropriate factors, such as the
industries and sectors that--
[(A) are projected to add substantial numbers
of new jobs to the economy;
[(B) are being transformed by technology and
innovation requiring new skill sets for
workers;
[(C) are new and emerging businesses that are
projected to grow; or
[(D) have a significant impact on the economy
overall or on the growth of other industries
and economic sectors.
[(5) Equitable distribution.--In awarding grants
under this subsection, the Secretary of Labor shall
ensure an equitable distribution of such grants across
geographically diverse areas.
[(6) Leveraging of resources and authority to require
match.--
[(A) Leveraging of resources.--In awarding
grants under this subsection, the Secretary of
Labor shall take into account, in addition to
other factors the Secretary determines are
appropriate--
[(i) the extent to which resources
other than the funds provided under
this subsection will be made available
by the eligible entities applying for
grants to support the activities
carried out under this subsection; and
[(ii) the ability of such entities to
continue to carry out and expand such
activities after the expiration of the
grants.
[(B) Authority to require match.--The
Secretary of Labor may require the provision of
specified levels of a matching share of cash or
noncash resources from resources other than the
funds provided under this subsection for
projects funded under this subsection.
[(7) Performance accountability.--The Secretary of
Labor shall require grantees to report on the
employment outcomes obtained by workers receiving
training under this subsection using indicators of
performance that are consistent with other indicators
used for employment and training programs administered
by the Secretary, such as entry into employment,
retention in employment, and increases in earnings. The
Secretary of Labor may also require grantees to
participate in evaluations of projects carried out
under this subsection.]
* * * * * * *
----------
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE II--IMMIGRATION
* * * * * * *
Chapter 9--Miscellaneous
* * * * * * *
disposition of moneys collected under the provisions of this title
Sec. 286. (a) All moneys paid into the Treasury to reimburse
the Service for detention, transportation, hospitalization, and
all other expenses of detained aliens paid from the
appropriation for the enforcement of this Act, and all moneys
paid into the Treasury to reimburse the Service for expenses of
landing stations referred to in section 238(b) paid by the
Service from the appropriation for the enforcement of this Act,
shall be credited to the appropriation for the enforcement of
this Act for the fiscal year in which the expenses were
incurred.
(b) Moneys expended from appropriations for the Service for
the purchase of evidence and subsequently recovered shall be
reimbursed to the current appropriation for the Service.
(c) Except as otherwise provided in subsection (a) and
subsection (b), or in any other provision of this title, all
moneys received in payment of fees and administrative fines and
penalties under this title shall be covered into the Treasury
as miscellaneous receipts: Provided, however, That all fees
received from applicants residing in the Virgin Islands of the
United States, and in Guam, required to be paid under section
281, shall be paid over to the Treasury of the Virgin Islands
and to the Treasury of Guam, respectively.
(d) Schedule of Fees.--In addition to any other fee
authorized by law, the Attorney General shall charge and
collect $7 per individual for the immigration inspection of
each passenger arriving at a port of entry in the United
States, or for the preinspection of a passenger in a place
outside of the United States prior to such arrival, aboard a
commercial aircraft or commercial vessel.
(e) Limitations of Fees.--(1) Except as provided in paragraph
(3), no fee shall be charged under subsection (d) for
immigration inspection or preinspection provided in connection
with the arrival of any passenger, other than aircraft
passengers, whose journey originated in the following:
(A) Canada,
(B) Mexico,
(C) a State, territory or possession of the United
States, or
(D) any adjacent island (within the meaning of
section 101(b)(5)).
(2) No fee may be charged under subsection (d) with respect
to the arrival of any passenger--
(A) who is in transit to a destination outside the
United States, and
(B) for whom immigration inspection services are not
provided.
(3) The Attorney General shall charge and collect $3
per individual for the immigration inspection or pre-
inspection of each commercial vessel passenger whose
journey originated in the United States or in any place
set forth in paragraph (1): Provided, That this
requirement shall not apply to immigration inspection
at designated ports of entry of passengers arriving by
ferry, or by Great Lakes vessels on the Great Lakes and
connecting waterways when operating on a regular
schedule. For the purposes of this paragraph, the term
``ferry'' means a vessel, in other than ocean or
coastwise service, having provisions only for deck
passengers and/or vehicles, operating on a short run on
a frequent schedule between two points over the most
direct water route, and offering a public service of a
type normally attributed to a bridge or tunnel.
(f) Collection.--(1) Each person that issues a document or
ticket to an individual for transportation by a commercial
vessel or commercial aircraft into the United States shall--
(A) collect from that individual the fee charged
under subsection (d) at the time the document or ticket
is issued; and
(B) identify on that document or ticket the fee
charged under subsection (d) as a Federal inspection
fee.
(2) If--
(A) a document or ticket for transportation of a
passenger into the United States is issued in a foreign
country; and
(B) the fee charged under subsection (d) is not
collected at the time such document or ticket is
issued;
the person providing transportation to such passenger shall
collect such fee at the time such passenger departs from the
United States and shall provide such passenger a receipt for
the payment of such fee.
(3) The person who collects fees under paragraph (1) or (2)
shall remit those fees to the Attorney General at any time
before the date that is thirty-one days after the close of the
calendar quarter in which the fees are collected, except the
fourth quarter payment for fees collected from airline
passengers shall be made on the date that is ten days before
the end of the fiscal year, and the first quarter payment shall
include any collections made in the preceding quarter that were
not remitted with the previous payment. Regulations issued by
the Attorney General under this subsection with respect to the
collection of the fees charged under subsection (d) and the
remittance of such fees to the Treasury of the United States
shall be consistent with the regulations issued by the
Secretary of the Treasury for the collection and remittance of
the taxes imposed by subchapter C of chapter 33 of the Internal
Revenue Code of 1986, but only to the extent the regulations
issued with respect to such taxes do not conflict with the
provisions of this section.
(g) Provision of Immigration Inspection and Preinspection
Services.--Notwithstanding the Act of March 2, 1931, 46 Stat.
1467 (8 U.S.C. 1353b), or any other provision of law, the
immigration services required to be provided to passengers upon
arrival in the United States on scheduled airline flights shall
be adequately provided when needed and at no cost (other than
the fees imposed under subsection (d)) to airlines and airline
passengers at:
(1) immigration serviced airports, and
(2) places located outside of the United States at
which an immigration officer is stationed for the
purpose of providing such immigration services.
(h) Disposition of Receipts.--(1)(A) There is established in
the general fund of the Treasury a separate account which shall
be known as the ``Immigration User Fee Account''.
Notwithstanding any other section of this title, there shall be
deposited as graphicting receipts into the Immigration User Fee
Account all fees collected under subsection (d) of this
section, to remain available until expended. At the end of each
2-year period, beginning with the creation of this account, the
Attorney General, following a public rulemaking with
opportunity for notice and comment, shall submit a report to
the Congress concerning the status of the account, including
any balances therein, and recommend any adjustment in the
prescribed fee that may be required to ensure that the receipts
collected from the fee charged for the succeeding two years
equal, as closely as possible, the cost of providing these
services.
(B) Notwithstanding any other provisions of law, all civil
fines or penalties collected pursuant to sections 243(c), 271,
and 273 of this title and all liquidated damages and expenses
collected pursuant to this Act shall be deposited in the
Immigration User Fee Account.
(2)(A) The Secretary of the Treasury shall refund out of the
Immigration User Fee Account to any appropriation the amount
paid out of such appropriation for expenses incurred by the
Attorney General in providing immigration inspection and
preinspection services for commercial aircraft or vessels and
in--
(i) providing overtime immigration inspection
services for commercial aircraft or vessels;
(ii) administration of debt recovery, including the
establishment and operation of a national collections
office;
(iii) expansion, operation and maintenance of
information systems for nonimmigrant control and debt
collection;
(iv) detection of fraudulent documents used by
passengers traveling to the United States, including
training of, and technical assistance to, commercial
airline personnel regarding such detection;
(v) providing detention and removal services for
inadmissible aliens arriving on commercial aircraft and
vessels and for any alien who is inadmissible under
section 212(a) who has attempted illegal entry into the
United States through avoidance of immigration
inspection at air or sea ports-of-entry; and
(vi) providing removal and asylum proceedings at air
or sea ports-of-entry for inadmissible aliens arriving
on commercial aircraft and vessels including
immigration removal proceedings resulting from
presentation of fraudulent documents and failure to
present documentation and for any alien who is
inadmissible under section 212(a) who has attempted
illegal entry into the United States through avoidance
of immigration inspection at air or sea ports-of-entry.
The Attorney General shall provide for expenditures for
training and assistance described in clause (iv) in an amount,
for any fiscal year, not less than 5 percent of the total of
the expenses incurred that are described in the previous
sentence.
(B) The amounts which are required to be refunded under
subparagraph (A) shall be refunded at least quarterly on the
basis of estimates made by the Attorney General of the expenses
referred to in subparagraph (A). Proper adjustments shall be
made in the amounts subsequently refunded under subparagraph
(A) to the extent prior estimates were in excess of, or less
than, the amount required to be refunded under subparagraph
(A).
(i) Reimbursement.--Notwithstanding any other provision of
law, the Attorney General is authorized to receive
reimbursement from the owner, operator, or agent of a private
or commercial aircraft, train, or vessel, or from any airport,
rail line, or seaport authority for expenses incurred by the
Attorney General in providing immigration inspection services
which are rendered at the request of such person or authority
(including the salary and expenses of individuals employed by
the Attorney General to provide such immigration inspection
services). Reimbursements under this subsection may be
collected in advance of the provision of such immigration
inspection services. Notwithstanding subsection (h)(1)(B), and
only to the extent provided in appropriations Acts, any amounts
collected under this subsection shall be credited as
graphicting collections to the currently applicable
appropriation, account, or fund of U.S. Customs and Border
Protection, remain available until expended, and be available
for the purposes for which such appropriation, account, or fund
is authorized to be used.
(j) Regulations.--The Attorney General may prescribe such
rules and regulations as may be necessary to carry out the
provisions of this section.
(k) Advisory Committee.--In accordance with the provisions of
the Federal Advisory Committee Act, the Attorney General shall
establish an advisory committee, whose membership shall consist
of representatives from the airline and other transportation
industries who may be subject to any fee or charge authorized
by law or proposed by the Immigration and Naturalization
Service for the purpose of covering expenses incurred by the
Immigration and Naturalization Service. The advisory committee
shall meet on a periodic basis and shall advise the Attorney
General on issues related to the performance of the
inspectional services of the Immigration and Naturalization
Service. This advice shall include, but not be limited to, such
issues as the time periods during which such services should be
performed, the proper number and deployment of inspection
officers, the level of fees, and the appropriateness of any
proposed fee. The Attorney General shall give substantial
consideration to the views of the advisory committee in the
exercise of his duties.
(l) Report to Congress.--In addition to the reporting
requirements established pursuant to subsection (h), the
Attorney General shall prepare and submit annually to the
Congress, not later than March 31st of each year, a statement
of the financial condition of the ``Immigration User Fee
Account'' including beginning account balance, revenues,
withdrawals and their purpose, ending balance, projections for
the ensuing fiscal year and a full and complete workload
analysis showing on a port by port basis the current and
projected need for inspectors. The statement shall indicate the
success rate of the Immigration and Naturalization Service in
meeting the forty-five minute inspection standard and shall
provide detailed statistics regarding the number of passengers
inspected within the standard, progress that is being made to
expand the utilization of United States citizen by-pass, the
number of passengers for whom the standard is not met and the
length of their delay, locational breakdown of these statistics
and the steps being taken to correct any non-conformity.
(m) Notwithstanding any other provisions of law, all
adjudication fees as are designated by the Attorney General in
regulations shall be deposited as graphicting receipts into a
separate account entitled ``Immigration Examinations Fee
Account'' in the Treasury of the United States, whether
collected directly by the Attorney General or through clerks of
courts: Provided, however, That all fees received by the
Attorney General from applicants residing in the Virgin Islands
of the United States and in Guam, under this subsection shall
be paid over to the treasury of the Virgin Islands and to the
treasury of Guam: Provided further, That fees for providing
adjudication and naturalization services may be set at a level
that will ensure recovery of the full costs of providing all
such services. Such fees may also be set at a level that will
recover any additional costs associated with the administration
of the fees collected.
(n) All deposits into the ``Immigration Examinations Fee
Account'' shall remain available until expended to the Attorney
General to reimburse any appropriation the amount paid out of
such appropriation for expenses in providing immigration
adjudication and naturalization services and the collection,
safeguarding and accounting for fees deposited in and funds
reimbursed from the ``Immigration Examinations Fee Account''.
(o) The Attorney General will prepare and submit annually to
Congress statements of financial condition of the ``Immigration
Examinations Fee Account'', including beginning account
balance, revenues, withdrawals, and ending account balance and
projections for the ensuing fiscal year.
(p) The provisions set forth in subsections (m), (n), and (o)
of this section apply to adjudication and naturalization
services performed and to related fees collected on or after
October 1, 1988.
(q) Land Border Inspection Fee Account.--(1)(A)(i)
Notwithstanding any other provision of law, the Attorney
General is authorized to establish, by regulation, not more
than 96 projects under which a fee may be charged and collected
for inspection services provided at one or more land border
points of entry. Such projects may include the establishment of
commuter lanes to be made available to qualified United States
citizens and aliens, as determined by the Attorney General.
(ii) This subparagraph shall take effect, with respect to any
project described in clause (1) that was not authorized to be
commenced before the date of the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, 30
days after submission of a written plan by the Attorney General
detailing the proposed implementation of such project.
(iii) The Attorney General shall prepare and submit on a
quarterly basis a status report on each land border inspection
project implemented under this subparagraph.
(B) The Attorney General, in consultation with the Secretary
of the Treasury, may conduct pilot projects to demonstrate the
use of designated ports of entry after working hours through
the use of card reading machines or other appropriate
technology.
(2) All of the fees collected under this subsection,
including receipts for services performed in processing forms
I-94, I-94W, and I-68, and other similar applications processed
at land border ports of entry, shall be deposited as
graphicting receipts in a separate account within the general
fund of the Treasury of the United States, to remain available
until expended. Such account shall be known as the Land Border
Inspection Fee Account.
(3)(A) The Secretary of the Treasury shall refund, at least
on a quarterly basis amounts to any appropriations for expenses
incurred in providing inspection services at land border points
of entry. Such expenses shall include--
(i) the providing of overtime inspection services;
(ii) the expansion, operation and maintenance of
information systems for nonimmigrant control;
(iii) the hire of additional permanent and temporary
inspectors;
(iv) the minor construction costs associated with the
addition of new traffic lanes (with the concurrence of
the General Services Administration);
(v) the detection of fraudulent documents used by
passengers traveling to the United States;
(vi) providing for the administration of said
account.
(B) The amounts required to be refunded from the Land Border
Inspection Fee Account for fiscal years 1992 and thereafter
shall be refunded in accordance with estimates made in the
budget request of the Attorney General for those fiscal years:
Provided, That any proposed changes in the amounts designated
in said budget requests shall only be made after notification
to the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 606
of Public Law 101-162.
(4) The Attorney General will prepare and submit annually to
the Congress statements of financial condition of the Land
Border Immigration Fee Account, including beginning account
balance, revenues, withdrawals, and ending account balance and
projection for the ensuing fiscal year.
(r) Breached Bond/Detention Fund.--
(1) Notwithstanding any other provision of law, there
is established in the general fund of the Treasury a
separate account which shall be known as the Breached
Bond/Detention Fund (in this subsection referred to as
the ``Fund'').
(2) There shall be deposited as graphicting receipts
into the Fund all breached cash and surety bonds, in
excess of $8,000,000, posted under this Act which are
recovered by the Department of Justice, and amount
described in section 245(i)(3)(b).
(3) Such amounts as are deposited into the Fund shall
remain available until expended and shall be refunded
out of the Fund by the Secretary of the Treasury, at
least on a quarterly basis, to the Attorney General for
the following purposes--
(i) for expenses incurred in the collection
of breached bonds, and
(ii) for expenses associated with the
detention of illegal aliens.
(4) The amounts required to be refunded from the Fund
for fiscal year 1998 and thereafter shall be refunded
in accordance with estimates made in the budget request
of the President for those fiscal years. Any proposed
changes in the amounts designated in such budget
requests shall only be made after Congressional
reprogramming notification in accordance with the
reprogramming guidelines for the applicable fiscal
year.
(5) The Attorney General shall prepare and submit
annually to the Congress, statements of financial
condition of the Fund, including the beginning balance,
receipts, refunds to appropriations, transfers to the
general fund, and the ending balance.
(6) For fiscal year 1993 only, the Attorney General
may transfer up to $1,000,000 from the Immigration User
Fee Account to the Fund for initial expenses necessary
to enhance collection efforts: Provided, That any such
transfers shall be refunded from the Fund back to the
Immigration User Fee Account by December 31, 1993.
(s) H-1B Nonimmigrant Petitioner Account.--
(1) In general.--There is established in the general
fund of the Treasury a separate account, which shall be
known as the ``H-1B Nonimmigrant Petitioner Account''.
Notwithstanding any other section of this title, there
shall be deposited as graphicting receipts into the
account all fees collected under paragraphs (9) and
(11) of section 214(c).
(2) Use of fees [for job training] for programs under
the national apprenticeship system.--50 percent of
amounts deposited into the H-1B Nonimmigrant Petitioner
Account shall remain available to the Secretary of
Labor until expended [for demonstration programs and
projects described in section 414(c) of the American
Competitiveness and Workforce Improvement Act of 1998]
to carry out title II of the National Apprenticeship
Act.
(3) Use of fees for low-income scholarship program.--
30 percent of the amounts deposited into the H-1B
Nonimmigrant Petitioner Account shall remain available
to the Director of the National Science Foundation
until expended for scholarships described in section
414(d) of the American Competitiveness and Workforce
Improvement Act of 1998 for low-income students
enrolled in a program of study leading to a degree in
mathematics, engineering, or computer science.
(4) National science foundation competitive grant
program for k-12 math, science and technology
education.--
(A) In general.--10 percent of the amounts
deposited into the H-1B Nonimmigrant Petitioner
Account shall remain available to the Director
of the National Science Foundation until
expended to carry out a direct or matching
grant program to support private-public
partnerships in K-12 education.
(B) Types of programs covered.--The Director
shall award grants to such programs, including
those which support the development and
implementation of standards-based instructional
materials models and related student
assessments that enable K-12 students to
acquire an understanding of science,
mathematics, and technology, as well as to
develop critical thinking skills; provide
systemic improvement in training K-12 teachers
and education for students in science,
mathematics, and technology; support the
professional development of K-12 math and
science teachers in the use of technology in
the classroom; stimulate system-wide K-12
reform of science, mathematics, and technology
in rural, economically disadvantaged regions of
the United States; provide externships and
other opportunities for students to increase
their appreciation and understanding of
science, mathematics, engineering, and
technology (including summer institutes
sponsored by an institution of higher education
for students in grades 7-12 that provide
instruction in such fields); involve
partnerships of industry, educational
institutions, and community organizations to
address the educational needs of disadvantaged
communities; provide college preparatory
support to expose and prepare students for
careers in science, mathematics, engineering,
and technology; and provide for carrying out
systemic reform activities under section
3(a)(1) of the National Science Foundation Act
of 1950 (42 U.S.C. 1862(a)(1)).
(5) 5 percent of the amounts deposited into the H-1B
Nonimmigrant Petitioner Account shall remain available
to the Secretary of Homeland Security until expended to
carry out duties under paragraphs (1) and (9) of
section 214(c) related to petitions made for
nonimmigrants described in section 101(a)(15)(H)(i)(b),
under paragraph (1) (C) or (D) of section 204 related
to petitions for immigrants described in section
203(b).
(6) Use of fees for application processing and
enforcement.--For fiscal year 1999, 4 percent of the
amounts deposited into the H-1B Nonimmigrant Petitioner
Account shall remain available to the Secretary of
Labor until expended for decreasing the processing time
for applications under section 212(n)(1) and for
carrying out section 212(n)(2). Beginning with fiscal
year 2000, 5 percent of the amounts deposited into the
H-1B Nonimmigrant Petitioner Account shall remain
available to the Secretary of Labor until expended for
decreasing the processing time for applications under
section 212(n)(1) and section 212(a)(5)(A).
(t) Genealogy Fee.--(1) There is hereby established the
Genealogy Fee for providing genealogy research and information
services. This fee shall be deposited as graphicting
collections into the Examinations Fee Account. Fees for such
research and information services may be set at a level that
will ensure the recovery of the full costs of providing all
such services.
(2) The Attorney General will prepare and submit annually to
Congress statements of the financial condition of the Genealogy
Fee.
(3) Any officer or employee of the Immigration and
Naturalization Service shall collect fees prescribed under
regulation before disseminating any requested genealogical
information.
(u) Premium Fee for Employment-Based Petitions and
Applications.--The Attorney General is authorized to establish
and collect a premium fee for employment-based petitions and
applications. This fee shall be used to provide certain
premium-processing services to business customers, and to make
infrastructure improvements in the adjudications and customer-
service processes. For approval of the benefit applied for, the
petitioner/applicant must meet the legal criteria for such
benefit. This fee shall be set at $1,000, shall be paid in
addition to any normal petition/application fee that may be
applicable, and shall be deposited as graphicting collections
in the Immigration Examinations Fee Account. The Attorney
General may adjust this fee according to the Consumer Price
Index.
(v) Fraud Prevention and Detection Account.--
(1) In general.--There is established in the general
fund of the Treasury a separate account, which shall be
known as the ``Fraud Prevention and Detection
Account''. Notwithstanding any other provision of law,
there shall be deposited as graphicting receipts into
the account all fees collected under paragraph (12) or
(13) of section 214(c).
(2) Use of fees to combat fraud.--
(A) Secretary of state.--One-third of the
amounts deposited into the Fraud Prevention and
Detection Account shall remain available to the
Secretary of State until expended for programs
and activities at United States embassies and
consulates abroad--
(i) to increase the number diplomatic
security personnel assigned exclusively
or primarily to the function of
preventing and detecting fraud by
applicants for visas described in
subparagraph (H)(i), (H)(ii), or (L) of
section 101(a)(15);
(ii) otherwise to prevent and detect
visa fraud, including primarily fraud
by applicants for visas described in
subparagraph (H)(i), (H)(ii), or (L) of
section 101(a)(15), in cooperation with
the Secretary of Homeland Security or
pursuant to the terms of a memorandum
of understanding or other agreement
between the Secretary of State and the
Secretary of Homeland Security; and
(iii) upon request by the Secretary
of Homeland Security, to assist such
Secretary in carrying out the fraud
prevention and detection programs and
activities described in subparagraph
(B).
(B) Secretary of homeland security.--One-
third of the amounts deposited into the Fraud
Prevention and Detection Account shall remain
available to the Secretary of Homeland Security
until expended for programs and activities to
prevent and detect immigration benefit fraud,
including fraud with respect to petitions filed
under paragraph (1) or (2)(A) of section 214(c)
to grant an alien nonimmigrant status described
in subparagraph (H) or (L) of section
101(a)(15).
(C) Secretary of labor.--One-third of the
amounts deposited into the Fraud Prevention and
Detection Account shall remain available to the
Secretary of Labor until expended for wage and
hour enforcement programs and activities
otherwise authorized to be conducted by the
Secretary of Labor that focus on industries
likely to employ nonimmigrants, including
enforcement programs and activities described
in section 212(n) and enforcement programs and
activities related to section 214(c)(14)(A)(i).
(D) Consultation.--The Secretary of State,
the Secretary of Homeland Security, and the
Secretary of Labor shall consult one another
with respect to the use of the funds in the
Fraud Prevention and Detection Account or for
programs and activities to prevent and detect
fraud with respect to petitions under paragraph
(1) or (2)(A) of section 214(c) to grant an
alien nonimmigrant status described in section
101(a)(15)(H)(ii).
* * * * * * *
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MINORITY VIEWS
INTRODUCTION
Since its creation in 1937, the registered apprenticeship
system under the National Apprenticeship Act (NAA) has provided
a pathway to careers for millions of Americans. According to
the Department of Labor (DOL), 94 percent of those who complete
a registered apprenticeship program today retain employment,
with an average annual salary of $70,000.\1\ Many of these
programs also provide businesses an avenue to fill open
positions with skilled employees which allows them to remain
competitive.
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\1\https://www.apprenticeship.gov/become-apprentice
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While it is undeniable that the registered apprenticeship
model has been a valuable tool for many, only 81,000
apprentices graduated from these programs in Fiscal Year
2019.\2\ That is a small fraction of the total apprenticeships
in the nation. Although there is little data available on non-
registered earn-and-learn programs, it is estimated that they
comprise more than 80 percent of all apprenticeship
programs.\3\ Businesses have expressed concerns that
participation in registered apprenticeships allows DOL to
dictate the skills their business must provide to apprentices
in specific industries rather than allowing the businesses to
determine what is needed. If a business created an
apprenticeship model that meets their needs, then attempting to
mold their program to fit the requirements of a registered
apprenticeship would be counterproductive.
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\2\https://www.dol.gov/agencies/eta/apprenticeship/about/statistics
\3\Lerman, Robert. Are Employers Providing Enough Training? Theory,
Evidence, and Policy Implications. 2014. Retrieved July 20, 2017.
http://sites.nationalacademies.org/cs/groups/pgasite/documents/webpage/
pga_168146.pdf
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A lot has changed since 1937. Congress should update the
NAA, but that update must be focused on meeting the needs of
individuals seeking opportunities for advancement in the
workforce and employers seeking to bridge the skills gap. While
H.R. 8294 may be a step in the right direction in some aspects,
the bill too often simply rubber stamps a decades old system,
does not go far enough to streamline registered apprenticeships
for today's economy, and does not protect businesses' ability
to tailor their programs to individual needs.
ONE-SIZE-FITS-ALL
Although H.R. 8294 is a meaningful effort to update the
law, it falls short in implementing the reforms necessary to
meet the needs of our country. The bill envisions a future
where the only possible form of work-based learning allowed
under the NAA is the registered apprenticeship system. While we
can and should improve the existing model that has been
operating for 83 years, we should not stifle any possibility
for innovation in the future with this one-size-fits-all
approach. We cannot assume that a registered program that works
for one employer will meet the diverse needs of every business
across the country, regardless of size or industry.
This need for flexibility is what motivated the Trump
administration's new Industry-Recognized Apprenticeship
Programs (IRAPs). This program would provide another avenue for
companies seeking skilled workers who want to develop programs
with more input from other industry leaders rather than from
the federal government. Unfortunately, this innovation and
flexibility would be foreclosed under H.R. 8294 in its current
form. In an effort to undermine the administration's priority,
the majority slammed the door shut on any other earn-and-learn
model that could be developed under the NAA.
In a September 23, 2020 letter about H.R. 8294 to Ranking
Member Virginia Foxx (R-NC), DOL stated:
``If enacted, H.R. 8294 would also replace the
current NAA, stifling apprenticeship innovation and
expansion as well as eliminating the broad authority
discussed above under which the Department has
established and administers IRAPs. Repeal of this broad
authority would eliminate the authority currently
underpinning the IRAP regulation. Thus, as of the
effective date of H.R. 8294, should it be enacted, the
Department would likely have no legal authority to
administer or operate IRAPs, or any other programs that
do not meet the requirements of the Act. . . In
addition, the Department is concerned that H.R. 8294
includes an excessive number of requirements that are
overly prescriptive, unworkable, and may have
unintended consequences.''
It is clear that this legislation, if enacted, would
severely limit the ability to fully meet the demands within the
apprenticeship space. Despite months of negotiations to reform
and improve the national apprenticeship system, the majority
was unwilling to support anything that permitted any sort of
innovative or more flexible models to be recognized outside of
the existing registered system. While Republicans on the
Committee agree that there need to be improvements made to the
registered apprenticeship model and appreciate the majority
making a good faith effort at negotiating a final product that
would actually modernize the program, we remain disappointed
that Democrats were unwilling to take an all-of-the-above
approach to apprenticeships and workforce development more
broadly.
MORE FUNDING IS NOT THE ANSWER
The Democrats claim that appropriations for the registered
apprenticeship system at the level authorized in H.R. 8294
would lead to the creation of one million new apprenticeship
opportunities. However, this is a shortsighted approach to
increasing those opportunities. Increasing an authorization in
legislation does not guarantee more opportunities but including
strict and onerous requirements will certainly limit those
options. In short, the Democrat proposal fails to realize that
throwing money at a program does not create opportunities for
more Americans.
Some increase in funding would be necessary if the program
was open and flexible enough that companies wanted to
participate. That funding is irrelevant when the restrictive
requirements push companies away from participating. The
changes proposed in this legislation lock in place many of the
restrictive components of this program, thus limiting the value
of the program to potential participants. Companies avoid
developing registered programs because the federal government
is already too involved, not because they lack clarity or
guidance from Congress on how to run an apprenticeship program.
These problems are further exacerbated for small- and medium-
sized businesses who may not have an entire office dedicated to
filing paperwork and filling out applications. No business
owner wants to wait months on end for the federal government to
tell them how to run their program when they need to meet
workforce needs today.
At a hearing of the Subcommittee on Higher Education and
Workforce Investment on March 27, 2019, Mark Hays, the Vice
Chancellor for Workforce and Economic Development at the Dallas
County Community College District (DCCCD), said:
``DCCCD's goal is to meet employer needs, whether
that be a registered apprenticeship or an IRAP. Some
employers are hesitant to begin the process of a
registered apprenticeship because they feel it is not
flexible enough to meet their needs. . . We cannot
allow ourselves to be boxed in by excluding any type of
program that allows individuals to obtain the necessary
skills to succeed and businesses to grow.''
There are certainly benefits to establishing guardrails and
standards, and Republicans on the Committee support codifying
and streamlining the existing registered apprenticeship system
so that it is more workable and easier to navigate for those
employers who do choose to use it. However, we should not
simply assume that spending billions of dollars while setting
in stone the very problems that have held back the registered
system will solve the problems that we are facing. Now more
than ever, we need to listen to what industry is telling us as
millions of Americans will need new skills to reenter the
workforce following the COVID-19 pandemic.
BUREAUCRATIC RED TAPE
While the majority assumes that more funding will solve the
problems that prevent participation in the registered system,
H.R. 8294 far too often doubles down on the problems with the
current model. Although some businesses may appreciate the
guidance and input of DOL up to a point, the existing maze of
regulations discourages many employers from ever considering
developing a registered program and forces them to choose other
options for upskilling prospective employees.
This bill contains several provisions that are indicative
of the majority's misunderstanding that more government is
almost always the problem, not the answer. This heavy-handed,
top-down approach has led to a number of requirements that
would further restrict the ability of those who participate in
the system, from states to program sponsors, to make decisions
on how to best operate within the registered apprenticeship
system, including:
Requiring states to establish an entirely
new application and planning process, rather than
simply allowing them to work through the existing
combined plan established under the Workforce
Innovation and Opportunity Act (WIOA);
Establishing an interagency agreement
between DOL and the Department of Education that is
intended to increase coordination, but will instead
simply increase paperwork and allow more bureaucrats to
be hired while government agencies communicate with
each other instead of businesses;
Setting up a National Advisory Committee on
Apprenticeships that would weigh in favor of labor
unions, regardless of whether they had a significant
presence in new and expanding industries; and
Mandating reporting to be done quarterly
rather than annually without taking into consideration
that excessive reporting requirements can prevent
businesses from developing registered programs.
Each of these provisions highlights why H.R. 8294 does not
provide the answers to the 21st century workforce development
system that our nation needs and deserves. Time and time again,
the bill fails to understand what is driving the lack of
participation in the system and Committee Republicans remain
committed to advancing better alternatives.
REJECTED AMENDMENTS THAT WOULD HAVE IMPROVED THE BILL
During consideration of H.R. 8294, Committee Republicans
offered several amendments to improve the bill. Unfortunately,
the amendments were rejected by the Democrats. Those amendments
were as follows:
Rep. Elise Stefanik (R-NY) offered an
amendment that would have provided greater flexibility
and opportunity within pre-apprenticeship programs.
Specifically, this amendment struck the requirements
for pre-apprenticeships to be tied to a specific
apprenticeship program. Pre-apprenticeships should
prepare currently underqualified individuals to pursue
more advanced workforce development opportunities and
should not simply be feeder programs for specific
apprenticeships. Participants should not be limited in
the options they can pursue if we are hoping to expand
the number of apprentices in this country.
Unfortunately, the majority chose not to take this
opportunity to further expand apprenticeship
opportunities and rejected the amendment.
Rep. Fred Keller (R-PA) offered an amendment
that would have eliminated the ability of labor unions
to ignore safety requirements that apply to non-union
sponsored apprenticeships. Under DOL's current
regulations, state apprenticeship registration agencies
are required to establish minimum ratios of apprentices
to supervisors to ensure the safety of apprentices on
the job. Those regulations allow unions to negotiate
collective bargaining agreements that reduce or
eliminate ratio requirements for union-sponsored
apprenticeship programs. This creates an unfair playing
field and potentially leaves apprentices in union-
sponsored programs less safe. The majority rejected
this effort to hold all apprenticeship programs to the
same standard, regardless of which entity sponsors the
program.
ADOPTED AMENDMENTS THAT WILL IMPROVE THE BILL
There were two amendments that were adopted, including one
offered by Rep. Dusty Johnson (R-SD). His amendment allows DOL
flexibility to proactively approve new apprentice-related
occupations in consultation with industry. The current practice
of approving new apprentice-related occupations is excessively
onerous, and it can prevent businesses from opening programs
under the registered system. While H.R. 8294 includes some
reforms for streamlining this process, this amendment allows
DOL to be more adept in identifying emerging industries in
which workers would benefit from expanded apprenticeship
opportunities and provides them the authority to rapidly and
efficiently take steps to provide those opportunities.
The majority also accepted an amendment offered by Rep.
Stefanik to ensure states develop a process for registered
apprenticeship programs to receive expedited consideration on
the ``eligible training provider list'' under WIOA, and adds to
the workforce alignment efforts funded in this bill so that
apprenticeships work hand-in-hand with the existing workforce
infrastructure to meet the needs of businesses.
An additional amendment that was offered and withdrawn by
Rep. Brett Guthrie (R-KY) would have given new sponsors and
small businesses an opportunity to enter the program without
the burden of excessive paperwork. Specifically, the amendment
provided flexibility to waive or modify reporting requirements
for small businesses or first-time sponsors and required
reporting to be done annually rather than quarterly. Too often
the federal government wants more and more data without
understanding the implication of the paperwork that goes along
with these requirements--which end up placing excessive burdens
on employers with little added benefit. Rep. Susan Davis (D-CA)
requested that Rep. Guthrie withdraw this amendment in order to
address the issue raised as the bill goes to the floor. Rep.
Guthrie agreed to withdraw this amendment on the promise to
address his concern. It is Committee Republicans expectation
that the Democrats will work with the Republicans to fulfill
this commitment in a manner that actually eases burdens on
employers.
REPUBLICAN SUBSTITUTE
The reauthorization of the NAA provides an opportunity for
Members of Congress and this Committee to make needed reforms
to a decades-old program and bring it into the 21st century. A
true reform of the registered apprenticeship system has the
potential to expand opportunities to thousands and make the
system more effective for those it serves, and encourage
further innovation in earn-and-learn programs that would have
significant positive impacts on workers and the economy.
The Republican amendment in the nature of a substitute
would have:
Maintained the authority of DOL to adapt to
current workforce needs now and in the future with new,
flexible, and innovative apprenticeship programs
outside of the registered system;
Reduced the paperwork burden on states by
allowing them to submit state plans under the
preexisting framework of WIOA, rather than forcing them
to establish a duplicative application process;
Struck provisions in H.R. 8294 that would
add to the existing bureaucracy in the form of advisory
committees and interagency agreements;
Provided states with more discretion over
how they spend their money, instead of letting the
federal government dictate where their dollars must go;
and
Made it easier for more programs--and
therefore more apprentices--to access the registered
apprenticeship system by removing the requirement
setting an uneven playing field between union and non-
union program sponsors for the ratios of apprentices to
instructors.
The excessive requirements in the underlying bill are
reasons that businesses choose not to participate in the
registered apprenticeship system today. What may simply seem
like extra standards to Washington bureaucrats often include
more paperwork and hassle to those on the ground hoping to
start a program. The Republican substitute would have further
streamlined the registered system so that it is adept enough to
operate at the speed of business, while also ensuring that
other pathways for success remain open going forward.
If the goal is to actually increase the number of
apprentices in the country, then the Republican amendment
provides an opportunity to do just that. Without it, this bill
simply sets in stone barriers that make the current system
difficult to navigate.
CONCLUSION
H.R. 8294 represents a well-intentioned, but ultimately
shortsighted attempt to expand earn-and-learn opportunities for
Americans all across the nation. Our country's workforce is
facing a unique crisis, and we must ensure that each of the
tools in our workforce development system is up to the task and
operating efficiently to meet the needs of employers and those
participating in the system.
This bill does not create a registered apprenticeship
system that fits those criteria. Rather, it locks in place an
83-year-old model and in some instances provides even more
restrictions on those who are attempting to develop and operate
programs. Instead of doubling down on failed policies,
Committee Republicans will continue to support a national
apprenticeship system that encourages innovation and new ideas.
Virginia Foxx,
Ranking Member.
David P. Roe, M.D.
Glenn ``GT'' Thompson.
Brett Guthrie.
Bradley Byrne.
Glenn Grothman.
Rick W. Allen.
Lloyd Smucker.
Jim Banks.
Mark Walker.
James Comer.
Ben Cline.
Russ Fulcher.
Daniel Meuser.
Dusty Johnson.
Fred Keller.
[all]
