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116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-593
======================================================================
PROVIDING FOR CONSIDERATION OF 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
_______
November 17, 2020.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Morelle, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 1224]
The Committee on Rules, having had under consideration
House Resolution 1224, by a record vote of 8 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 8294, the
National Apprenticeship Act of 2020, under a structured rule.
The resolution provides one hour of general debate equally
divided and controlled by the chair and ranking minority member
of the Committee on Education and Labor. The resolution waives
all points of order against consideration of the bill. The
resolution provides that the amendment in the nature of a
substitute recommended by the Committee on Education and Labor
now printed in the bill, modified by the amendment printed in
part A of this report, shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as
amended. Section 2 of the resolution provides that following
debate, each further amendment printed in part B of this report
not earlier considered as part of amendments en bloc pursuant
to section 3 shall be considered only in the order printed in
this report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, may be withdrawn by the
proponent at any time before the question is put thereon, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question. Section 3 of the
resolution provides that at any time after debate the chair of
the Committee on Education and Labor or his designee may offer
amendments en bloc consisting of further amendments printed in
part B of this report not earlier disposed of. Amendments en
bloc shall be considered as read, shall be debatable for 20
minutes equally divided and controlled by the chair and ranking
minority member of the Committee on Education and Labor or
their designees, shall not be subject to amendment, and shall
not be subject to a demand for division of the question. The
resolution waives all points of order against the amendments
printed in part B of this report and amendments en bloc
described in section 3. The resolution provides one motion to
recommit with or without instructions. The resolution amends
House Resolution 967, agreed to May 15, 2020 (as most recently
amended by House Resolution 1107, agreed to September 15,
2020): (1) in section 4, by striking ``November 20, 2020'' and
inserting ``the remainder of the One Hundred Sixteenth
Congress''; (2) in section 11, by striking ``legislative day of
November 20, 2020'' and inserting ``remainder of the One
Hundred Sixteenth Congress''; and (3) in section 12, by
striking ``legislative day of November 20, 2020'' and inserting
``remainder of the One Hundred Sixteenth Congress''.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes waivers of the following:
Clause 12(a)(1) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the bill
proposes to change current law.
Clause 12(b) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the text of
the bill as proposed to be considered differs from the
text of the bill as reported.
Although the resolution waives all points of order against
provisions in the bill, as amended, the Committee is not aware
of any points of order. The waiver of all points of order is
prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part B of this report or against
amendments en bloc described in Section 3 of the resolution,
the Committee is not aware of any points of order. The waiver
is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 360
Motion by Mr. Cole to report an open rule. Defeated: 3-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... ............
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Ms. Matsui...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 361
Motion by Mr. Woodall to amend the rule to H.R. 8294 to
make in order amendment #22, offered by Rep. Thompson (PA),
which provides the Secretary of Labor with authority to
establish and administer additional programs of work-based
learning, including to respond to the COVID-19 public health
emergency. Defeated: 3-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... ............
Mr. Raskin...................................... Nay Mrs. Lesko........................ Yea
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Ms. Matsui...................................... Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 362
Motion by Mr. Morelle to report the rule. Adopted: 8-3
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... ............ Mr. Cole.......................... Nay
Mrs. Torres..................................... Yea Mr. Woodall....................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... ............
Mr. Raskin...................................... Yea Mrs. Lesko........................ Nay
Ms. Scanlon..................................... Yea
Mr. Morelle..................................... Yea
Ms. Shalala..................................... Yea
Ms. Matsui...................................... Yea
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENT TO H.R. 8294 IN PART A CONSIDERED AS ADOPTED
1. Scott, Bobby (VA): Makes a series of technical and
conforming changes. Ensures the definition of a ``State''
includes outlying areas. Includes employment and training
activities in the Departments of Commerce, Energy and
Transportation, and the Small Business Administration, to the
``Related Federal Programs'' definition. Ensures costs related
to assessments and licenses are allowable. Clarifies that the
2,000 hours on-the-job learning requirement for time-based
apprenticeship programs is cumulative, and that the exception
to this requirement should be made only for nontraditional
apprenticeship industries or occupations. Allows sponsors with
five or fewer apprentices, pre-apprentices or youth apprentices
to report data annually rather than quarterly. Ensures pre-
apprenticeship programs are developed in consultation with an
apprenticeship program sponsor.
SUMMARY OF THE AMENDMENTS TO H.R. 8294 IN PART B MADE IN ORDER
1. Beyer (VA), Pressley (MA): Ensures the accessibility of
apprenticeship programs and promotes the inclusion of people
with disabilities within those programs. (10 minutes)
2. Brown (MD): Requires at least one of the nine employers
or association representatives on the National Advisory
Committee on Apprenticeships must be from a women, minority, or
veteran-owned business. (10 minutes)
3. Cardenas (CA): Changes ``an apprentice'' to ``a program
participant'' for a potential member of the national advisory
committee on apprenticeships, which would make the committee
inclusive of pre-apprentices and youth apprentices. (10
minutes)
4. Castro (TX): Adds ``media and entertainment'' to the
list of non-traditional industries eligible for consideration
when the Administrator is awarding grants, contracts, or
cooperative agreements to expand program offerings in the
national apprenticeship program. (10 minutes)
5. Crow (CO): Includes education occupations in the
expansion of programs under the national apprenticeship system
and ensures that individuals in these programs can access
apprenticeship funds. (10 minutes)
6. Horsford (NV): Ensures adequate equity and opportunity
in the national apprenticeship system. (10 minutes)
7. Kilmer (WA), Fitzpatrick (PA): Adds computer science as
a nontraditional apprenticeship industry or occupation. (10
minutes)
8. Lamb (PA), Taylor (TX): Incorporates veterans into the
underlying bill by: adding veterans service organizations
(VSOs) to the list of partner organizations involved in the
national apprenticeship system; adding VSOs to the entities
that should be contacted for promoting and raising awareness
about apprenticeship opportunities; and adding veterans' status
as one of the demographic identifiers for reporting on
apprenticeships under the bill. The revised version combines
amendments 23, 24, and 25 into one amendment. (10 minutes)
9. Levin, Andy (MI): Any eligible entity applying for a
title II grant should be partnering with a labor or joint
labor-management organization, to the extent practicable. (10
minutes)
10. Meng (NY): Includes user-friendly formats and languages
that are easily accessible in efforts to promote youth
apprenticeships and greater diversity in national
apprenticeship system. Includes the FCC under the Ex Officio
nonvoting members section of the National Advisory Committee on
Apprenticeships. (10 minutes)
11. Moore (WI): Makes a range of changes to strengthen
efforts to ensure that low-income individuals and others with
barriers to employment are able to participate in
apprenticeships, including in fields where such groups are
underrepresented. (10 minutes)
12. Pappas (NH): Allows for demonstration projects to
provide for innovation in the national apprenticeship system,
including activities responding to the COVID-19 public health
emergency. (10 minutes)
13. Ryan (OH), Rice, Kathleen (NY): Adds ``adult''
education to the list with ``secondary and postsecondary''
education regarding the grants for educational alignment with
programs under the national apprenticeship system. (10 minutes)
14. Smith, Adam (WA), Langevin (RI): Allows pre-
apprenticeship programs that receive grant funds under Title II
to use funds to provide stipends to pre-apprentices for costs
incurred during the pre-apprenticeship program such as housing,
transportation, childcare, and other out-of-pocket expenses.
(10 minutes)
15. Smucker (PA): Includes providing authority for
additional programs of work-based learning, striking the
establishment of the National Advisory Committee and
interagency agreement, and providing additional flexibility for
the state plan process. (10 minutes)
16. Stefanik (NY): Strikes the requirement that the
Secretary must also approve an alternative time-based model
that reflects industry standards and hazards of the occupation,
leaving such approval at the discretion of the state
registration agency. (10 minutes)
17. Titus (NV), Bilirakis (FL), Murphy, Stephanie (FL),
Welch (VT), Norton (DC), Brown (MD), Panetta (CA), Peters (CA),
Case (HI), Sablan (MP), Horsford (NV), Soto (FL), Lee, Susie
(NV): Adds ``hospitality and tourism'' to the list of
nontraditional apprenticeship industries that are eligible
under the Modernizing the Apprenticeship System for the 21st
Century Grants program. (10 minutes)
PART A--TEXT OF AMENDMENT TO H.R. 8294 CONSIDERED AS ADOPTED
Page 8, line 4, insert ``of a State'' after ``Governor''.
Page 8, beginning line 5, strike ``joint'' and all that
follows through ``management'', and insert ``joint labor-
management''.
Page 9, after line 21, insert the following new paragraph,
and redesignate the succeeding paragraphs accordingly:
``(18) Outlying area.--The term `outlying area' means
American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, and the United States Virgin Islands.
Page 11, beginning line 20, strike ``The'' and all that
follows through ``means'' on line 21, and insert ``The term
`partnerships described in subparagraph (B)' means''.
Page 14, lines 7 through 8, strike ``Career'' and all that
follows through ``the'', and insert ``The''.
Page 14, strike lines 18 through 20, and redesignate the
succeeding subparagraphs accordingly.
Page 15, line 3, strike ``programs'' and insert
``activities''.
Page 15, line 4, insert ``the Department of Housing and Urban
Development, the Department of Defense, the Department of
Commerce, the Department of Energy, the Department of
Transportation, and'' after ``by''.
Page 15, after line 19, insert the following new paragraph,
and redesignate the succeeding paragraphs accordingly:
``(29) State.--The term `State'--
``(A) has the meaning given such term in
section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102); and
``(B) includes each of the outlying areas.
Page 17, line 22, strike ```State',''.
Page 60, line 7, strike ``and''.
Page 60, line 17, strike the period at the end and insert ``;
and''.
Page 60, after line 17, insert the following new
subparagraph:
``(F) supporting the retention and completion
of program participants in such programs, such
as by assisting with the costs--
``(i) related to enrolling in such
programs; or
``(ii) of assessments related to
obtaining a recognized postsecondary
credential.
Page 74, line 2, insert ``(as defined in section 2)'' after
``means a State''.
Page 74, strike lines 4 through 7, and redesignate the
succeeding subparagraphs accordingly.
Page 80, line 19, strike ``joint-labor management'' and
insert ``joint labor-management''.
Page 86, line 8, insert ``a cumulative'' after ``less than''.
Page 86, line 10, insert ``from a nontraditional
apprenticeship industry or occupation as of the date of the
enactment of the National Apprenticeship Act of 2020'' after
``sponsor''.
Page 90, lines 6 through 8, strike ``sponsor that is reviewed
and approved by the sponsor to the agreement with the sponsor
of an apprenticeship program,'' and insert ``sponsor of the
pre-apprenticeship program that is developed in consultation
with the sponsor of the apprenticeship program described in
paragraph (2)(A),''.
Page 97, line 3, strike ``costs''.
Page 97, line 4, strike ``or related instruction'' and insert
``, related instruction, or assessment or licensure fees''.
Page 98, lines 15 through 17, strike ``methods'' and all that
follows through ``agency.'' and insert ``methods the program
sponsor will use to report data describing outcomes associated
with the program as required by the registration agency--
``(A) on an annual basis for any program
sponsor with fewer than 5 program participants;
or
``(B) on a quarterly basis for any program
sponsor with 5 or more program participants.
Page 116, line 12, strike ``and 112'' and insert ``, 112,
131, and 132''.
Page 123, beginning line 7, strike ``joint-labor management''
and insert ``joint labor-management''.
Page 136, line 17, insert ``assessment or licensure fees,''
after ``equipment,''.
Page 141, line 23, insert ``or assessment or licensure fees''
before ``associated''.
Page 142, line 22, strike ``labor management'' and insert
``labor-management''.
Page 144, line 17, insert ``, assessment or licensure fees,''
before ``or wages''.
Page 145, line 17, insert ``, assessment or licensure fees,''
before ``or wages''.
Page 146, line 20, insert ``, assessment or licensure fees,''
before ``or wages''.
Page 147, line 11, insert ``, assessment or licensure fees,''
before ``or wages''.
Page 151, line 9, strike ``joint-labor management'' and
insert ``joint labor-management''.
PART B--TEXT OF AMENDMENTS TO H.R. 8294 MADE IN ORDER
1. An Amendment To Be Offered by Representative Beyer of Virginia or
His Designee, Debatable for 10 Minutes
Page 94, strike lines 15 through 18 and insert the following:
``(3) The program provides--
``(A) all individuals with an equal
opportunity to participate in the program as
described in subparagraphs (B) and (C) of
section 111(b)(7); and
``(B) materials that conform with
accessibility standards under section 508 of
the Rehabilitation Act of 1973 (29 U.S.C.
794d), such as materials that conform with the
most recent Web Content Accessibility
Guidelines.''
Page 85, line 9, strike ``and''.
Page 85, line 12, strike the period and insert ``; and''.
Page 85, after line 12, insert the following:
``(v) where appropriate and to the
extent practicable, incorporate the
principles of universal design for
learning under section 103 of the
Higher Education Act of 1965 (20 U.S.C.
1003).''
Page 115, beginning on line 9, strike ``nontraditional'' and
all that follows through ``participation'' and insert
``participation of nontraditional apprenticeship populations
and individuals with barriers to employment, including
individuals with disabilities,''.
----------
2. An Amendment To Be Offered by Representative Brown of Maryland or
His Designee, Debatable for 10 Minutes
Page 35, after line 19, insert ``(at least 1 of which
represents a women, minority, or veteran-owned business)''
after ``program''.
----------
3. An Amendment To Be Offered by Representative Cardenas of California
or His Designee, Debatable for 10 Minutes
Page 37, line 11, strike ``an apprentice'' and insert ``a
program participant''.
----------
4. An Amendment To Be Offered by Representative Castro of Texas or His
Designee, Debatable for 10 Minutes
Page 117, line 19, insert ``media and entertainment,'' after
``healthcare,''.
----------
5. An Amendment To Be Offered by Representative Crow of Colorado or His
Designee, Debatable for 10 Minutes
Page 117, line 19, insert ``education,'' after ``health
care,''.
Page 118, line 22, insert ``, elementary school, and
secondary school'' after ``childhood''.
----------
6. An Amendment To Be Offered by Representative Horsford of Nevada or
His Designee, Debatable for 10 Minutes
Page 11, beginning on line 7, strike ``connecting'' and all
that follows through ``system'' and insert ``supporting the
recruitment, retention, and completion of potential program
participants, including nontraditional apprenticeship
populations and individuals with barriers to employment''.
Page 29, line 2, insert ``national qualified intermediaries,
including those supporting increased participation of
nontraditional apprenticeship populations and nontraditional
apprenticeship industries or occupations,'' after ``program
participants,''.
Page 37, strike lines 9 and 10, and insert the following:
``(VIII) a national qualified
intermediary, including a
national qualified intermediary
that supports increased
participation of nontraditional
apprenticeship populations and
nontraditional apprenticeship
industries or occupations;
and''
Page 77, line 13, insert ``including minority serving
institutions,'' after ``postsecondary educational
institutions,''.
----------
7. An Amendment To Be Offered by Representative Kilmer of Washington or
His Designee, Debatable for 10 Minutes
Page 117, line 18, insert ``computer science,'' after
``technology,''.
----------
8. An Amendment To Be Offered by Representative Lamb of Pennsylvania or
His Designee, Debatable for 10 Minutes
Page 12, line 9, strike ``or''.
Page 12, line 10, insert ``or veterans-service
organizations,'' after ``partners,''.
Page 21, line 9, insert ``veterans-service organizations,''
after ``facilities,''
Page 107, line 21, insert ``veteran status,'' after ``age,''
----------
9. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes
Page 123, line 14, insert ``, and partner with a labor or
joint labor-management organization'' after ``partnership''.
----------
10. An Amendment To Be Offered by Representative Meng of New York or
Her Designee, Debatable for 10 Minutes
Page 23, line 17, insert before the period the following: ``,
in user-friendly formats and languages that are easily
accessible, as determined by the Administrator''.
Page 38, line 5, strike ``and''.
Page 38, line 6, strike the period and insert ``; and''.
Page 38, after line 6, insert the following:
``(xi) the Federal Communications
Commission.''.
Page 76, line 3, insert before the semicolon the following:
``, and that are in user-friendly formats and languages that
are easily accessible, as determined by the Secretaries''.
----------
11. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes
Page 22, line 11, insert ``developing the state plan in
section 113(c),'' after ``including''.
Page 22, line 12, insert a comma after ``subtitle B''.
Page 29, after line 24, insert the following:
``(E) Nontraditional apprenticeship
populations.--The Administrator shall regularly
evaluate the participation of the
nontraditional apprenticeship populations for
each of the approved apprenticeable
occupations, 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.
Page 30, line 10, strike ``and'' at the end.
Page 30, line 12, strike the period at the end and insert ``;
and''.
Page 30, after line 12, insert the following:
``(D) require regular reports on the
performance of state agencies, including on
efforts state agencies make to increase
employer awareness of apprenticeship programs
for employers who have not participated.
Page 31, line 20, insert ``low-income participants in related
federal programs,'' after ``disabilities''.
Page 32, line 15, strike the period at the end and insert ``,
to better promote participation in the national apprenticeship
program.''.
Page 104, after line 15, insert the following: `` and''
``(D) List of disapproved programs.--The
registration agency shall maintain a list of
programs that were disapproved which includes
the reasons for each such disapproval and
provide such list to the Administrator at least
annually.
Page 114, line 21, strike ``and'' at the end.
Page 115, line 2, insert ``and'' at the end.
Page 115, after line 2, insert the following:
``(E) regularly assess the impact of
apprenticeship programs under the national
apprentice system in effectively increasing the
participation of women, minorities, individuals
with disabilities, long term unemployed,
individuals impacted by the criminal and
juvenile justice system, foster and former
foster youth, and individuals with barriers to
employment;
----------
12. An Amendment To Be Offered by Representative Pappas of New
Hampshire or His Designee, Debatable for 10 Minutes
Page 41, line 14, strike ``and''.
Page 41, line 24, strike the period and insert a ``; and''.
Page 41, after line 24, insert the following:
``(5) make recommendations on the development of
demonstrations projects as described in section 132(f).
Page 116, after line 8, insert the following:
``(f) Demonstration Authority.--
``(1) In general.--The Secretary is authorized to
initiate demonstration projects, subject to the
recommendation of two-thirds of the voting members of
the Advisory Committee, such that each demonstration
project--
``(A) is limited in size and scope;
``(B) has a duration of no more than 3 years;
``(C) is carried out in nontraditional
apprenticeship industries or occupations; and
``(D) which may include activities that
respond to the COVID-19 public health
emergency.
``(2) Limitation on funding.--In initiating
demonstration projects under subsection (a), the
Secretary may not use more than $2,000,000 annually
from the funding authorized under section 141(a).
----------
13. An Amendment To Be Offered by Representative Ryan of Ohio or His
Designee, Debatable for 10 Minutes
Page 120, line 7, insert a comma after ``secondary''.
Page 120, line 8--
(1) strike ``and''; and
(2) insert ``, and adult'' after ``postsecondary''.
----------
14. An Amendment To Be Offered by Representative Smith of Washington or
His Designee, Debatable for 10 Minutes
Page 141, line 24, strike ``or''.
Page 141, after line 24, insert the following:
``(viii) providing stipends to pre-
apprentices enrolled in a pre-
apprenticeship program to cover costs
such as housing, transportation,
childcare or out of pocket expenses
resulting from the pre-apprenticeship
program such as assessments and fees
for industry-recognized credentials or
drivers licenses during the time of
enrollment; or''.
Page 142, line 1, strike ``(viii)'' and insert ``(ix)''.
----------
15. An Amendment To Be Offered by Representative Smucker of
Pennsylvania or His Designee, Debatable for 10 Minutes
Strike sections 3 and 4, and insert the following:
SEC. 3. RULES AND REGULATIONS.
In accordance with chapter 5 of title 5, United States Code,
the Secretary of Labor may prescribe rules and regulations to
carry out this Act.
SEC. 4. 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. Purposes.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Disaggregation of data.
``TITLE I--PROMOTING APPRENTICESHIPS
``Subtitle A--The Office of Apprenticeship, State Registration Agency
Approval Process
``Sec. 111. The Office of Apprenticeship.
``Sec. 112. State apprenticeship agencies and State offices of
Apprenticeship.
``Subtitle B--Process and Standards for the National Apprenticeship
System
``Sec. 121. Process and Standards.
``Subtitle C--Evaluations and Research
``Sec. 131. Program evaluations and 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. Grant appropriations.
``SEC. 2. PURPOSES.
``(a) Authority.--The purposes of this Act are to authorize
and direct the Secretary of Labor to--
``(1) formulate and promote the furtherance of labor
standards necessary to safeguard the welfare of
apprentices;
``(2) extend the application of such standards by
encouraging the inclusion thereof in contracts of
apprenticeship (in this Act referred to as
`apprenticeship agreements');
``(3) bring together employers and labor for the
formulation of programs of apprenticeship;
``(4) cooperate with State agencies engaged in the
formulation and promotion of standards of
apprenticeship; and
``(5) cooperate with the Secretary of Education.
``(b) Additional Programs.--In carrying out the authority
provided in subsection (a), the Secretary--
``(1) shall establish and administer the program
under title I; and
``(2) may establish and administer additional
programs of work-based learning as the Secretary
determines appropriate, which may include activities to
respond to the COVID-19 public health emergency.
``SEC. 3. DEFINITIONS.
``In titles I and II:
``(1) Apprentice.--The term `apprentice' means a
program participant in an apprenticeship program.
``(2) Apprenticeship agreement.--The term
`apprenticeship agreement' means a written agreement
under 121 between--
``(A) an apprentice; and
``(B) a sponsor.
``(3) 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.
``(4) Apprenticeable occupation.--The term
`apprenticeable occupation' means an occupation that
the Secretary has determined meets the requirements of
section 121.
``(5) Apprenticeship program.--The term
`apprenticeship program' means a program that meets the
standards described in section 121 and is registered
under title I.
``(6) Competency.--The term `competency' means the
attainment of knowledge, skills, and abilities in a
subject area.
``(7) Department.--The term `Department' means the
Department of Labor.
``(8) 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) an Indian Tribe, Tribal organization,
or Tribal educational agency;
``(G) an institution of higher education;
``(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, as
approved by a registration agency; or
``(L) a consortium of entities described in
any of subparagraphs (A) through (K).
``(9) 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.
450b).
``(10) Interim credential.--"The term `interim
credential' means a recognized post-secondary
credential issued to an apprentice as certification of
attainment of a competency necessary to receive a
certificate of completion of an apprenticeship.
``(11) 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.
``(12) National apprenticeship system.--The term
`national apprenticeship system' means the
apprenticeship programs, youth apprenticeship programs,
and pre-apprenticeship programs that meet the
requirements of title I.
``(13) Under-represented apprenticeship population.--
The term `under-represented 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
individuals participating in a program under the
national apprenticeship system.
``(14) Nontraditional apprenticeship industry or
occupation.--The term `nontraditional apprenticeship
industry or occupation' refers to an industry sector or
occupation for which there are fewer than 10 percent of
all apprentices in all industries or occupations
participating.
``(15) Program participant.--The term `program
participant' means an apprentice, a pre-apprentice, or
a youth apprentice.
``(16) 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;
``(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, State or local workforce
development boards, education and
training providers, social service
organizations, economic development
organizations, Indian Tribes or Tribal
organizations, or 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).
``(17) Registration agency.--The term `registration
agency' means the Office of Apprenticeship, a State
Office of Apprenticeship or State apprenticeship agency
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, in
accordance with section 121.
``(18) Related instruction.--The term `related
instruction' means an organized and systematic form of
instruction that meets the requirements of section 121.
``(19) 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. 3102).
``(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)).
``(20) Secretary.--The term `Secretary' means the
Secretary of Labor.
``(21) 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.
``(22) State apprenticeship agency.--The term `State
apprenticeship agency' means a State agency recognized
as a State apprenticeship agency under section 112.
``(23) State apprenticeship council.--The term `State
apprenticeship council' means an entity established
under section 113(b)(3) to assist the State
apprenticeship agency.
``(24) State office of apprenticeship.--The term
`State office of apprenticeship' means the office
designated by the Secretary to administer programs
under the national apprenticeship system in such State
and meets the requirements of section 111(b)(4).
``(25) 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).
``(26) State workforce agency.--The terms `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.).
``(27) CTE terms.--The terms `area career and
technical education school', `articulation agreement',
`credit transfer agreement', `postsecondary educational
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).
``(28) 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).
``(29) WIOA terms.--The terms `career pathway', `in-
demand industry sector or occupation', `individual with
a barrier to employment', `institution of higher
education', `industry or sector partnership', `labor
market area', `local area', `recognized postsecondary
credential', `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).
``SEC. 4. TRANSITION PROVISIONS.
``The Secretary shall take such actions as the Secretary
determines to be appropriate 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. In
accordance with chapter 5 of title 5, United States Code, the
Secretary may prescribe rules and regulations to carry out this
Act.
``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.
``TITLE I--PROMOTING APPRENTICESHIPS
``Subtitle A--The Office of Apprenticeship, State Registration Agency
Approval Process
``SEC. 111. THE OFFICE OF APPRENTICESHIP.
``(a) Responsibilities.--The Secretary shall be responsible
for the administration of this Act and such functions affecting
the national apprenticeship system as the Secretary shall
delegate, which shall include the following:
``(1) Apprenticeship development and expansion.--The
Secretary is authorized to 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, among
others, State apprenticeship agencies, State
and local workforce development systems, State
educational agencies, employers, trade
associations, professional associations,
industry groups, labor organizations, joint
labor-management organizations, education and
training providers, and prospective apprentices
in such programs.
``(B) Promoting greater diversity in the
national apprenticeship system in
underrepresented apprenticeship populations,
and nontraditional apprenticeship industries
and occupations, including by--
``(i) promoting outreach to
underrepresented apprenticeship
populations;
``(ii) engaging minority-serving
institutions, and employers from
nontraditional apprenticeship
industries or occupations; and
``(iii) engaging small, medium-size,
and minority businesses, and employers
in high-skill, high-wage, and in-demand
industry sectors and occupations that
are nontraditional apprenticeship
industries or occupations.
``(2) Technical assistance activities.--The Secretary
shall--
``(A) provide technical assistance and
disseminate best practices as applicable to
employers, sponsors, State apprenticeship
agencies, qualified intermediaries, education
and training or related instruction providers,
or other entities; and
``(B) cooperate with the--
``(i) Secretary of Education on
establishing and sharing best practices
for the alignment of apprenticeship
programs with the education system,
including supporting the stackability
and portability of academic credit and
credentials earned as part of such
programs; 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 Secretary, at
the request of a State described in
clause (ii), shall establish and
operate State Offices of Apprenticeship
to serve as the registration agency for
a State described in clause (ii).
``(ii) Applicable states.--An
applicable State is a State--
``(I) in which, as of the day
before the date of enactment of
the National Apprenticeship Act
of 2020, the Secretary has
not--
``(aa) established a
State Office of
Apprenticeship; and
``(bb) is not
recognized a State
apprenticeship agency
under section 112; and
``(II) submits the request
described in clause (i).
``(B) Vacancies.--Subject to the availability
of appropriations, in the case of a State
Office of Apprenticeship with a vacant
position, the Secretary shall--
``(i) make publicly available
information on such vacancy; 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.
``(C) 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, however, such agency or entity may not
serve as the registration agency in such State
unless it obtains recognition pursuant to
section 112.
``(4) Quality standards, apprenticeship agreement,
and registration review.--In order for the Secretary to
support the performance standards of programs under the
national apprenticeship system 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
not less than every 5 years thereafter, the Secretary
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) Proactively approved occupations.--Not
later than 1 year after the date of enactment
of the National Apprenticeship Act of 2020, the
Secretary shall develop regulations outlining a
process for proactively establishing and
approving standards for apprenticeable
occupations in consultation with industry.
``(B) Existing apprenticeable occupations.--
In consultation with employers, the Secretary
shall regularly review and update the
requirements for each apprenticeable occupation
to ensure that such requirements are in
compliance with requirements under this Act,
meet the needs of employers in such occupation,
and promote the participation of small
businesses.
``(C) New apprenticeable occupation.--
``(i) In general.--The Secretary
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 or current or
prospective program sponsor seeking
such approval from the Secretary.
``(ii) Estimated timeline.--If such
determination is not made within 45
days, the Secretary shall provide the
applicant with a written explanation
for the delay and offer an estimated
timeline for a determination.
``(D) Industry recognized occupational
standards.--
``(i) In general.--From the funds
appropriated under section 141(a), the
Secretary shall convene, on an ongoing
basis, 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 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 Secretary.
``(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
Secretary shall prioritize the
establishment of such standards in
high-skill, high-wage, or in-demand
industry sectors and occupations.
``(6) Program oversight and evaluation.--The
Secretary shall monitor State apprenticeship agencies
and State Offices of Apprenticeship.
``(7) Promoting diversity in the national
apprenticeship system.--The Secretary 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; and
``(B) ensuring programs under the national
apprenticeship system adopt and implement
policies to provide for equal opportunity to
participate in programs under the national
apprenticeship system and do not engage in
discrimination as prohibited by section 30.3(a)
of title 29, Code of Federal Regulations (as in
effect on the day before the date of enactment
of the National Apprenticeship Act of 2020), or
engage in intimidation or retaliation as
prohibited by section 30.17 of title 29, Code
of Federal Regulations (as in effect on the day
before the date of enactment of the National
Apprenticeship Act of 2020).
``(8) Grants awards.--The Secretary shall award
grants under title II.
``(9) Coordination.--The Secretary shall coordinate
and align programs under the national apprenticeship
system with related Federal programs.
``(b) Information Collection and Dissemination.--The
Secretary shall provide for data collection and dissemination
of information regarding programs under the national
apprenticeship system, including--
``(1) 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
Secretary, with input from national data and
privacy experts, and is informed by best
practices related to credential transparency;
and
``(B) best meets the needs of the national
apprenticeship system stakeholders reporting
data to the Secretary or State apprenticeship
agencies; and
``(2) making nonpersonally identifiable
apprenticeship data publicly available, searchable, and
comparable 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 and articulation agreements;
``(C) information about the educational and
occupational credentials and related
competencies of programs under such system; and
``(D) using the most recent data available to
the Office that is consistent with national
standards and practices.
``SEC. 112. STATE APPRENTICESHIP AGENCIES AND STATE OFFICES OF
APPRENTICESHIP.
``(a) Recognition of State Apprenticeship Agencies.--
``(1) In general.--The Secretary 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.--For a State desiring to have a
State agency recognized as a State apprenticeship
agency under this section, the Governor shall submit
the State plan described in subsection (c)--
``(A) to the Secretary at such time and in
such manner as the Secretary may require; or
``(B) to the State workforce board for
inclusion in the the State plan under section
102 or 103 of the Workforce Innovation and
Opportunity Act (20 U.S.C. 3112, 3113).
``(3) Review and recognition.--
``(A) In general.--Not later than 90 days
after the date on which a State submits the
State plan 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 Secretary 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) Transition.--A State agency
that, as of the day before the date of
enactment of the National
Apprenticeship Act of 2020, was
recognized by the Secretary for
purposes of registering apprenticeship
programs in accordance with the Act of
August 16, 1937 (50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.), shall
continue to be recognized for 1 year
after the effective date of the
National Apprenticeship Act of 2020.
``(ii) Application for recognition.--
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 the National
Apprenticeship Act of 2020, was
recognized by the Secretary for
purposes of registering apprenticeship
programs in accordance with the Act of
August 16, 1937 (50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.), shall
submit an application under paragraph
(2).
``(iii) Recognition period.--A State
agency described in clause (ii) 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 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 121;
``(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 may establish and use or continue the
use of a State apprenticeship council if the
State apprenticeship council operates, or will
operate, under the direction of the State
apprenticeship agency, and in compliance with
the requirements of this Act. The State
apprenticeship council shall not have authority
to register programs or otherwise control or
direct the operations 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.
``(C) Special rule.--A State apprenticeship
council shall not be eligible for recognition
as a State apprenticeship agency.
``(c) State Plan.--
``(1) In general.--
``(A) In general.--For a state apprenticeship
agency to be eligible to receive allotments
under subsection (f), the State shall submit to
the Secretary a State plan in accordance with
subsection (a)(2).
``(B) Subsequent plans.--
``(i) In general.--Except as
otherwise provided in this paragraph, a
State plan shall be submitted to the
Secretary not later than 120 days prior
to the end of the 4-year period covered
by the preceding State plan.
``(ii) Approval.--A State plan shall
be subject to the approval of the
Secretary 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 Secretary, 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.
``(C) Modifications.--
``(i) In general.--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)(ii).
``(2) State laws.--The State plan shall include--
``(A) 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; and
``(B) an assurance that the State will notify
the Secretary if there are any changes to the
State laws (including regulations), policies,
or procedures described in subparagraph (A)
that occur after the date of submission of such
plan.
``(3) Technical assistance.--A description of how the
State apprenticeship agency will provide technical
assistance for--
``(A) potential sponsors, employers,
qualified intermediaries, apprentices, or any
potential program participant in the national
apprenticeship system in the State for the
purposes of recruitment, retention, and program
development or expansion; and
``(B) sponsors of programs registered in the
State that are not meeting performance goals
under subtitle C for purposes of assisting such
sponsors in meeting such goals.
``(4) Reciprocity.--An assurance that the State
apprenticeship agency, in the case of a program
recognized by a registration agency in another State
and seeking registration in the State of such agency
under this paragraph, 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.
``(5) Promoting diversity in the national
apprenticeship system.--A description of how the State
apprenticeship agency will promote diversity and equal
employment opportunity in programs under the national
apprenticeship system in the State that--
``(A) promotes 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) provides technical assistance on the
implementation of the requirements of section
111(b)(7)(B).
``(6) Complaints.--A description of the system for
the State apprenticeship agency to receive and resolve
complaints concerning violations of the apprenticeship
agreement, submitted by program participants, sponsors,
or employers.
``(7) State apprenticeship hubs.--A description of
how the State apprenticeship agency will consider the
creation and implementation of apprenticeship hubs
throughout the State, in a manner that takes into
consideration geographic diversity, 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.--A
description of how the State apprenticeship agency
shall--
``(A) in coordination with the Secretary,
establish annual performance goals for the
programs registered by the State apprenticeship
agency for the indicators described in section
131(b)(1)(A);
``(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).
``(10) Alignment of workforce activities.--Each State
plan shall describe how programs under the national
apprenticeship system in the State are aligned with
State workforce and education activities.
``(11) State apprenticeship council.--A description
of the composition, roles, and responsibility of the
State apprenticeship council, if such council exists,
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 subsection
(f)(1)(A)(ii) 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,
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) Leadership activities.--
``(A) In general.--A State apprenticeship
agency may reserve not more than 25 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 the funds
reserved under subparagraph (A) to incentivize
employers to participate in programs under the
national apprenticeship system.
``(D) State-specific initiatives.--A State
apprenticeship agency may use the funds
reserved under subparagraph (A) for State-
specific initiatives, such as the development
or expansion of youth apprenticeship programs,
pre-apprenticeship programs, or apprenticeship
programs in high-skill, high-wage, or in-demand
industry sectors and occupations.
``(E) Workforce alignment.--A State
apprenticeship agency may use the funds
reserved under subparagraph (A) to engage with
the State's workforce development system in
support of alignment with the State's workforce
activities and strategic vision.
``(F) Education alignment.--A State
apprenticeship agency may use the funds
reserved under subparagraph (A) to engage with
the State education system in support of
alignment of related instruction provided under
the national apprenticeship system in the State
with academic credit granting postsecondary
programs.
``(3) State match for federal investment.--Except in
the case of exceptional circumstances, as determined by
the Secretary, 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 15 percent of such
allotment.
``(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(a)(1)(B) for any program year;
``(D) meet the State levels of performance as
described in subsection (b)(2)(A)(iii) for 3
program years, or demonstrate improvements in
performance during such period; 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 Secretary, 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 Secretary 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
Secretary determines that the State
apprenticeship agency's corrective action under
subparagraph (A) has addressed the agency's
failure identified under paragraph (2), the
Secretary shall--
``(i) restore the agency's full
funding allocation under this title for
the next full fiscal year and for each
succeeding 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 Secretary 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 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 Secretary shall refer the
matter to the Department's Office of
Administrative Law Judges, which shall
adjudicate the matter pursuant to its
regulations, with an opportunity to
appeal the Administrative Law Judge's
decision to the Department's
Administrative Review Board.
``(4) Requirements after 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 Secretary shall--
``(I) establish a State
Office of Apprenticeship using
the process described in
section 111(b)(3); and
``(II) provide to the State
apprenticeship agency an order
withdrawing recognition of such
agency under this section.
``(ii) After order.--Not later than
30 days after the date of such order,
notify 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
Secretary (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 Secretary
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 Secretary 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) has submitted an application under
subsection (a)(2), and
``(B) has 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) 1/3 shall be equally
distributed among each State Office of
Apprenticeship, outlying area, and
eligible State; and
``(ii) 2/3 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) 50 percent shall be
allotted on the basis of the
relative share of apprentices
in each eligible State, as
determined on the basis of the
most recent satisfactory data
available from the Secretary,
compared to the total number of
apprentices in all eligible
States; and
``(II) 50 percent shall be
allotted on the basis described
in clause (ii).
``(ii) Allotments.--Of the amount
available under clause (i)(II)--
``(I) 33\1/3\ percent shall
be allotted on the basis of the
relative share of jobs that are
available in each eligible
State on the last business day
of the month, as determined on
the basis of the most recent
satisfactory data available
from the Secretary, compared to
the total number of jobs
available in all eligible
States, as so determined; and
``(II) 33\1/3\ percent shall
be allotted the basis of the
relative number of unemployed
individuals in areas of
substantial unemployment in
each State, compared to the
total number of unemployed
individuals in areas of
substantial unemployment in all
eligible States; and
``(III) 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.
``(2) Definitions.--In this subsection:
``(A) Area of substantial unemployment.--The
term `area of substantial unemployment' has the
meaning given the term in section
132(b)(1)(B)(v) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3172(b)(1)(B)(v)).
``(B) Eligible state.--The term `eligible
State' means a State that has a State
apprenticeship agency.
``(C) Outlying area.--The term `outlying
area' means American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands,
and the United States Virgin Islands.
``(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
``(1) $75,000,000 for fiscal year 2021;
``(2) $76,000,000 for fiscal year 2022;
``(3) $77,000,000 for fiscal year 2023;
``(4) $78,000,000 for fiscal year 2024; and
``(5) $79,000,000 for fiscal year 2025.
``Subtitle B--Process and Standards for the National Apprenticeship
System
``SEC. 121. PROCESS AND STANDARDS.
``(a) Apprenticeship.--
``(1) Approval.--For an occupation to be an
apprenticeable occupation under this Act, an entity
seeking approval for such occupation to be an
apprenticeable occupation shall submit an application
to the Secretary that demonstrates that apprenticeships
under such apprenticeable occupation will prepare
individuals for the full range of skills and
competencies needed for such occupation through a time-
based, competency-based, or a hybrid model as described
in section 121(b)(1)(D).
``(2) Additional apprenticeable occupations.--The
Secretary, in consultation with employers and other
stakeholders in related industries, may establish
standards for additional apprenticeable occupations as
necessary.
``(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 and on-the-job learning;
``(ii) the allocation of the
approximate amount of time to be spent
in each major work process; and
``(iii) a description or timeline
explaining the periodic reviews and
evaluations of the apprentice's
performance on the job and in related
instruction.
``(B) 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
subparagraph (D), 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; and
``(iii) shall be provided by one or
more qualified instructors that--
``(I) meet the requirements
for a vocational-technical
instructor in the State of
registration; or
``(II) are subject matter
experts, defined for purposes
of this subparagraph as
individuals recognized within
an industry as having expertise
in a specific occupation.
``(C) A progressively increasing, clearly
defined schedule of wages to be paid to the
apprentice that is--
``(i) consistent with skill gains or
attainment of a recognized
postsecondary credential; 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.
``(D) 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 is accepted by
the 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.
``(E) The methods used to measure an
apprentice's skills and competencies, which
shall include--
``(i) in the case of a competency-
based model, 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;
``(ii) in the case of a time-based
apprenticeship described in
subparagraph (D)(i), the individual
apprentice's completion of the required
hours of on-the-job learning as
described in a work process schedule;
or
``(iii) in the case of a hybrid
apprenticeship described in
subparagraph (D)(iii), a combination of
specified minimum number of hours of
on-the-job learning and the successful
demonstration of competency, as
described in 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 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 apprenticeship
programs, including by providing the skills and
competency attainment needed to enter the
apprenticeship program.
``(2) The program includes a written plan developed
by the sponsor that--
``(A) provides for work-based learning 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;
``(C) to the extent appropriate and
practicable, meets the related instruction
requirements as described in clauses (ii)
through (iv) of subsection (b)(1)(C); 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;
``(ii) the allocation of the
approximate amount of time to be spent
in each major work process; and
``(iii) a description or timeline
explaining the periodic reviews and
evaluations of the youth apprentice's
performance on the job and in related
instruction.
``(B) Related classroom-based instruction,
which may be fulfilled through dual or
concurrent enrollment.
``(C) The term of the youth apprenticeship
program, as described in subsection (b)(1)(E).
``(D) 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 (a)(1)(F).
``(E) Prepares the youth apprentice for
placement in further education, employment, or
an apprenticeship program.
``(3) 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 has safe equipment, environments,
and facilities for on-the-job learning and supervision.
``(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 section 111(b)(7)(B).
``(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.
``(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 subsection (g) with the sponsor of the
program.
``(f) Waiver or Modification Authority.--The Secretary shall
have authority to--
``(1) waive any requirements of subsections (b)
through (e) for small businesses or first-time sponsors
who demonstrate a need for such waiver; and
``(2) modify the requirements of subsections (b)
through (e), as applicable, upon request from employers
or other industry stakeholders.
``(g) Apprenticeship Agreements.--To ensure the standards
described in subsections (a) through (e) are applied to
programs under the national apprenticeship system, the
registration agency 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 (h), and
any other requirements determined solely by the
sponsor; and
``(4) be submitted to the registration agency in
accordance with section 121(i).
``(h) Apprenticeship Agreement Standards.--Each agreement
under subsection (g) shall contain, explicitly or by
reference--
``(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 work
components 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 hybrid-based, 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;
``(3) a schedule of the work processes in the
occupation or industry divisions in which the program
participant is to be educated and the approximate time
to be spent at each process;
``(4) for apprenticeships, the graduated wage scale
to be paid to the apprentices in the apprentices'
locality, benefits offered to the apprentices in the
apprentices' locality, and how the wages and benefits
compare to State, local, or regional wages in the
related occupation;
``(5) assurance of compliance with section
111(b)(7)(B) stating that the program participant will
be accorded equal opportunity; and
``(6) the ratio of program participants to mentors,
journeyworkers, or on-the-job training instructors, as
applicable, for the apprenticeable occupation, that are
based on evidence-based and evidence-informed best
practices for safety throughout the work processes of
the program, job site, department, or plant.
``(i) Apprenticeship Registration Application.--The Secretary
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 subsections (a) through (f) will be met
for the program;
``(2) a copy of the apprenticeship agreement
described in subsection (g) used by the sponsor;
``(3) a written assurance that, if the program is
registered under this title, the sponsor will
administer the program in accordance with the
requirements of this title and comply with the
requirements of the apprenticeship agreement for each
apprentice; and
``(4) methods for reporting annually data describing
the outcomes associated with the program as required by
the registration agency.
``(j) Recognition and Registration Process.--
``(1) Review and approval process.--
``(A) Provisional approval review.--An
application submitted under subsection (i) 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 a
registration agency conducting a provisional
review under subparagraph (A) 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 section 131(b).
``(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;
``(ii) provide a copy of the
certificate of registration; and
``(iii) 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
subsection (g) 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 Secretary as
appropriate, as described under subsection (i).
``(4) Transition process for previously approved
programs.--With respect to the sponsor of a program
that is approved for apprenticeship purposes as of the
day before the date of enactment of the National
Apprenticeship Act of 2020, a registration agency shall
do the following:
``(A) If such program meets the requirements
of this Act, take such steps as necessary to
ensure such program maintains status as a
program under this Act.
``(B) If such program does not comply with
the requirements of this Act, provide technical
assistance to ensure such sponsor is in
compliance with this Act not later than 3 years
after the date of the date of enactment of this
Act.
``(k) Modifications or Changes to Youth Apprenticeship, Pre-
apprenticeship, or Apprenticeship Programs.--
``(1) Sponsor proposal.--Any sponsor that wishes to
modify a program shall submit the proposal for such
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 , and provide the sponsor or
program administrator with an acknowledgment of
the modified 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 program
and provide the sponsor with
technical assistance to
maintain the program as
originally registered.
``Subtitle C--Evaluations and Research
``SEC. 131. PROGRAM EVALUATIONS AND RESEARCH.
``(a) Purpose.--The purpose of this section is to 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 annually collect performance data for
each program registered under section 121 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)), to the
extent practicable and as applicable to
programs under the national
apprenticeship system; and
``(ii) the completion rates of the
program.
``(B) Reports.--The registration agency for a
State shall annually prepare and submit to the
Secretary a State performance report that
includes, with respect to each program
registered under section 121 by such agency--
``(i) information specifying the
levels of performance described in
subparagraph (A);
``(ii) the percentage of program
participants in under-represented
apprenticeship populations;
``(iv) the average time to completion
for the program as compared to the
description in the agreement under
section 123(b)(1);
``(v) the average cost per
participant during the most recent
program year and the 3 preceding
program years;
``(vii) information on the State's
uses of funds;
``(viii) how resources, whether
financial, time, or other were spent on
the delivery, improvement, and
expansion of program services,
activities and evaluations; and
``(ix) the disaggregation of the
performance data described in clauses
(i) through (v) by--
``(I) the program type
(apprenticeship, youth
apprenticeship, or pre-
apprenticeship program)
involved; and
``(II) 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)).
``(2) Reports.--Not later than 60 days after
receiving a report under paragraph (1)(B), the
Secretary shall make such report publicly available.
``(3) Comprehensive program reviews.--
``(A) In general.--A registration agency
shall periodically review each program
registered under section 121 by such agency for
quality assurance and compliance with the
requirements of title I.
``(B) Timing of reviews.--A review described
in subparagraph (A) shall occur not less
frequently than once every 5 years.
``(C) Review.--The review shall be a
comprehensive review regarding all aspects of
the program performance determining whether the
sponsor of the program is complying with the
requirements of title I.
``(D) Reports.--
``(i) In general.--On completion of a
review under this paragraph, the
registration agency shall prepare and
submit to the Secretary a report
containing the results of the review.
``(ii) Public availability.--The
Secretary shall develop and make
publicly available a statewide summary
of reports submitted by each
registration agency.
``(4) Registration agency discretion.--The
registration agency may modify the requirements of this
subsection for small businesses or first-time sponsors
who demonstrate a need for such modification.
``(c) Subsequent Action.--
``(1) Technical assistance.--The registration agency
shall provide technical assistance to the sponsor and
identify areas that require technical assistance,
including assistance in the development of a
performance improvement plan if the registration agency
determines, pursuant to any review under subsection
(a), that the youth apprenticeship, pre-apprenticeship,
or apprenticeship program--
``(A) is not in operation;
``(B) is not in compliance with the
requirements of title I; or
``(C) is achieving levels of performance on
the indicators described in subsection
(b)(1)(A) that are lower than the State goals.
``(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 as determined solely by the
registration agency on the indicators described
in subsection (a)(1)(A) 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 requests a
hearing it shall be conducted in accordance with the
Office of Administrative Law Judges regulations. A
party to the proceeding may petition for review of the
final decision of the Administrative Law Judge. If the
sponsor does not request the hearing, 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, or not later than 15 days after
the period for requesting such a hearing has expired,
the sponsor or program administrator shall notify each
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 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 right, privilege, or exemption
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.
``(d) Evaluation and Research.--For the purpose of improving
the management and effectiveness of the programs and activities
carried out under this Act, the Secretary shall conduct,
through an independent entity, evaluation and research on the
programs and activities carried out under this title.
``(e) Techniques.--The research conducted under this section
shall utilize appropriate methodology and research designs.
``(f) 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) best practices in increasing underrepresented
apprenticeship populations' participation in programs
under the national apprenticeship system; and
``(3) opportunities to scale up effective models
under the national apprenticeship system.
``(g) Reports.--
``(1) Independent entity.--The independent entity
carrying out the research under subsection (d) shall
prepare and submit to the Secretary a final report
containing the results of the research.
``(2) Reports to congress.--Not later than 60 days
after the receipt of the final report described in
paragraph (1), the Secretary shall submit the final
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.
``(h) Public Access.--The Secretary shall make the final
report publicly available no later than 60 days after the
receipt of the final report.
``Subtitle D--General Provisions
``SEC. 141. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
sections 111 and 112--
``(1) $40,000,000 for fiscal year 2021;
``(2) $41,000,000 for fiscal year 2022;
``(3) $42,000,000 for fiscal year 2023;
``(4) $43,000,000 for fiscal year 2024; and
``(5) $44,000,000 for fiscal year 2025.
``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST
CENTURY GRANTS
``SEC. 201. GRANT REQUIREMENTS.
``(a) Purpose.--The purpose of this section is to expand
access to, and participation in, new industry-led earn-and-
learn programs leading to career opportunities in all
occupations, particularly high-wage, high-skill, and high-
demand occupations, including in response to the COVID-19
public health emergency.
``(b) Authorization of Apprenticeship Grant Program.--
``(1) In general.--From the amounts authorized under
section 202, the Secretary shall award grants, on a
competitive basis, to eligible partnerships for the
purpose described in subsection (a).
``(2) Duration.--The Secretary shall award grants
under this section for a period of--
``(A) not less than 1 year; and
``(B) not more than 4 years.
``(3) Limitations.--
``(A) Amount.--A grant awarded under this
section may not be in an amount greater than
$1,500,000.
``(B) Number of awards.--An eligible
partnership or member of such partnership may
not be awarded more than one grant under this
section.
``(C) Administration costs.--An eligible
partnership awarded a grant under this section
may not use more than 5 percent of the grant
funds to pay administrative costs associated
with activities funded by the grant.
``(c) Matching Funds.--To receive a grant under this section,
an eligible partnership shall, through cash or in-kind
contributions, provide matching funds from non-Federal sources
in an amount equal to or greater than 50 percent of the amount
of such grant.
``(d) Applications.--
``(1) In general.--To receive a grant under this
section, an eligible partnership shall submit to the
Secretary at such a time as the Secretary may require,
an application that--
``(A) identifies and designates the entity
within the eligible partnership responsible for
the administration and supervision of the earn-
and-learn program for which such grant funds
would be used;
``(B) identifies the businesses and
institutions of higher education that comprise
the eligible partnership;
``(C) identifies the source and amount of the
matching funds required under subsection (c);
``(D) identifies the number of program
participants who will participate and complete
the relevant earn-and-learn program within 1
year of the expiration of the grant;
``(E) identifies the amount of time, not to
exceed 2 years, required for program
participants to complete the program;
``(F) identifies the anticipated earnings of
program participants--
``(i) 1 year after program
completion; and
``(ii) 3 years after program
completion;
``(G) describes the specific project for
which the application is submitted, including a
summary of the relevant classroom and paid
structured on-the-job learning students will
receive;
``(H) describes how the eligible partnership
will finance the program after the end of the
grant period;
``(I) describes how the eligible partnership
will support the collection of information and
data for purposes of the program evaluation
required under subsection (i); and
``(J) describes the alignment of the program
with State identified in-demand industry
sectors and occupations.
``(2) Application review process.--
``(A) Review panel.--Applications submitted
under paragraph (1) shall be read by a panel of
readers composed of individuals selected by the
Secretary. The Secretary shall assure that an
individual assigned under this paragraph does
not have a conflict of interest with respect to
the applications reviewed by such individual.
``(B) Composition of review panel.--The panel
of reviewers selected by the Secretary under
subparagraph (A) shall be comprised as follows:
``(i) A majority of the panel shall
be individuals who are representative
of businesses, which may include
owners, executives with optimum hiring
authority, or individuals representing
business organizations or business
trade associations.
``(ii) The remainder of the panel
shall be equally divided between
individuals who are--
``(I) representatives of
institutions of higher
education that offer programs
of two years or less; and
``(II) representatives of
State workforce development
boards established under
section 101 of the Workforce
Innovation and Opportunity Act
(29 U.S.C. 3111).
``(C) Review of applications.--The Secretary
shall instruct the review panel selected by the
Secretary under subparagraph (A) to evaluate
applications using only the criteria specified
in paragraph (1) and make recommendations with
respect to--
``(i) the quality of the
applications;
``(ii) whether a grant should be
awarded for a project under this title;
and
``(iii) the amount and duration of
such grant.
``(D) Priority and distribution.--
``(i) Priority.--In awarding grants
under this section, the Secretary shall
give priority to an eligible
partnership--
``(I) proposing to serve a
high number or high percentage
of participants who are from
underrepresented apprenticeship
populations; or
``(II) providing
opportunities in high-wage,
high-skill, or in-demand
sectors and occupations.
``(ii) Geographic distribution.--In
awarding grants under this section, the
Secretary 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.
``(E) Notification.--Not later than June 30
of each year, the Secretary shall notify each
eligible partnership submitting an application
under this section of--
``(i) the scores given the applicant
by the panel pursuant to this section;
``(ii) the recommendations of the
panel with respect to such application;
``(iii) the reasons for the decision
of the Secretary in awarding or
refusing to award a grant under this
section; and
``(iv) modifications, if any, in the
recommendations of the panel made to
the Secretary.
``(e) Award Basis.--The Secretary shall award grants under
this section on the following basis--
``(1) the number of participants to be served by the
grant;
``(2) the anticipated income of program participants
in relation to the regional median income;
``(3) the alignment of the program with State-
identified in-demand industry sectors; and
``(4) the recommendations of the readers under
subsection (d)(2)(C).
``(f) Purposes of Awards.--The Secretary may award grants,
contracts, or cooperative agreements to eligible entities on a
competitive basis for any of the following purposes:
``(1) The creation of new earn-and-learn programs,
including apprenticeship, pre-apprenticeship, and youth
apprenticeship programs, or expansion of existing
programs.
``(2) Encouraging employer participation in programs
under the national apprenticeship system--
``(A) that target individuals with barriers
to employment in youth apprenticeship, pre-
apprenticeship, or apprenticeship programs,
prioritizing underrepresented apprenticeship
populations, such as women, minorities, long-
term unemployed individuals with a disability,
individuals with substance abuse issues, and
veterans;
``(B) that are in high-need social service-
related industries, sectors, or occupations,
such as direct care workers and early childhood
educators;
``(C) that target individuals currently or
formerly incarcerated; or
``(D) among small- and medium-sized
employers.
``(3) If the eligible entity is a qualified
intermediary--
``(A) supporting 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 Secretary; and
``(ii) for underrepresented
apprenticeship populations, women,
minorities, individuals with
disabilities, and individuals impacted
by the criminal justice system; or
``(B) serving programs under the national
apprenticeship system in a local or regional
setting.
``(4) 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.
``(g) Use of Funds.--Grant funds provided under this section
may be used for--
``(1) supports including marketing, national e-tools,
and other expanded capacity and technical assistance
supports;
``(2) the purchase of appropriate equipment,
technology, or instructional material, aligned with
business and industry needs, including machinery,
testing equipment, hardware and software;
``(3) student books, supplies, and equipment required
for enrollment;
``(4) the reimbursement of up to 50 percent of the
wages of a student participating in an earn-and-learn
program receiving a grant under this section;
``(5) the development of industry-specific
programming;
``(6) supporting the transition of industry-based
professionals from an industry setting to an academic
setting;
``(7) industry-recognized certification exams or
other assessments leading to a recognized postsecondary
credential associated with the earn-and-learn program;
``(8) any fees associated with the certifications or
assessments described in paragraph (7);
``(9) establishing or expanding 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;
``(10) conducting outreach and recruitment
activities, including assessments of potential
participants for, and enrollment of participants in a
program under the national apprenticeship system;
``(11) conducting outreach, engagement, and
recruitment with employers, industry associations,
labor and labor-management organizations, qualified
intermediaries, education and training providers, State
or local workforce agencies, potential sponsors,
communities with high numbers or percentages of
underrepresented 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;
and
``(12) conducting any activities as described in the
application that would advance the purposes of the
grant.
``(h) Technical Assistance.--The Secretary may provide
technical assistance to eligible partnerships awarded under a
grant under this section throughout the grant period for
purposes of grant management.
``(i) Evaluation.--
``(1) In general.--The Secretary may reserve up to
$500,000 from the amounts made available under section
202 in order to provide for the independent evaluation,
which may be conducted by a third-party entity, of the
grant program established under this section that
includes the following:
``(A) An assessment of the effectiveness of
the grant program in expanding earn-and-learn
program opportunities offered by employers in
conjunction with institutions of higher
education.
``(B) The number of students who participated
in programs assisted under this section.
``(C) The percentage of students
participating in programs assisted under this
section who successfully completed the program
in the time described in subsection (d)(1)(E).
``(D) The median earnings of program
participants--
``(i) 1 year after exiting the
program; and
``(ii) 3 years after exiting the
program.
``(E) The percentage of program participants
assisted under this section who successfully
receive a recognized postsecondary credential.
``(F) The number of program participants
served by programs receiving funding under this
section--
``(i) 2 years after the end of the
grant period; and
``(ii) 4 years after the end of the
grant period.
``(2) Publication.--The evaluation required by this
subsection shall be made publicly available on the
website of the Department within 90 days after such
evaluation is completed.
``(j) Definitions.--In this section:
``(1) Earn-and-learn program.--The term `earn-and-
learn program' means an education program, including an
apprenticeship program, that provides students with
structured, sustained, and paid on-the-job training and
accompanying, for credit, classroom instruction that--
``(A) is for a period of between 3 months and
2 years; and
``(B) leads to, on completion of the program,
a recognized postsecondary credential.
``(2) Eligible partnership.--The term `eligible
partnership' shall mean a consortium that includes--
``(A) 1 or more businesses; and
``(B) 1 or more institutions of higher
education.
``SEC. 202. GRANT APPROPRIATIONS.
``(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out only registered apprenticeship
activities under this title--
``(1) $200,000,000 for fiscal year 2021;
``(2) $210,000,000 for fiscal year 2022;
``(3) $220,000,000 for fiscal year 2023;
``(4) $230,000,000 for fiscal year 2024; and
``(5) $240,000,000 for fiscal year 2025.
``(b) Special Rule.--Of the funds made available for this
title, no less than $200,000,000 shall be provided from the H-
1B Nonimmigrant Petitioner Account.''.
SEC. 5. 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''.
----------
16. An Amendment To Be Offered by Representative Stefanik of New York
or Her Designee, Debatable for 10 Minutes
Page 86, beginning line 12, strike ``Secretary and''.
----------
17. An Amendment To Be Offered by Representative Titus of Nevada or Her
Designee, Debatable for 10 Minutes
Page 117, line 19, insert ``hospitality and tourism,'' after
``health care,''.
[all]
