National Apprenticeship Act of 2020
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This is House Report 116-567, Part 1, of the 116th Congress, 2d Session, Union Calendar No. 465, titled National Apprenticeship Act of 2020, from the Committee on Education and Labor, together with minority views, committed to the Committee of the Whole House on the State of the Union and ordered to be printed November 9, 2020. Mr. Scott of Virginia reports on H.R. 8294, to amend the National Apprenticeship Act and expand the national apprenticeship system, which the Committee reports favorably with an amendment and recommends that the bill as amended do pass. The report includes a cost estimate of the Congressional Budget Office. The amendment text states that the Act takes effect beginning on July 1, 2021.
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“National Apprenticeship Act of 2020.”
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Union Calendar No. 465
116TH CONGRESS REPT. 116–567
" HOUSE OF REPRESENTATIVES !
2d Session Part 1
NATIONAL APPRENTICESHIP ACT OF 2020
NOVEMBER 9, 2020.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. SCOTT of Virginia, from the Committee on Education and
Labor, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 8294]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and Labor, to whom was referred
the bill (H.R. 8294) to amend the National Apprenticeship Act and
expand the national apprenticeship system to include apprentice-
ships, youth apprenticeships, and pre-apprenticeship registered
under such Act, to promote the furtherance of labor standards nec-
essary to safeguard the welfare of apprentices, and for other pur-
poses, having considered the same, reports favorably thereon with
an amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary ............................................................................................ 40
Committee Action .................................................................................................... 41
Committee Views ..................................................................................................... 46
Appendix A ............................................................................................................... 70
Appendix B ............................................................................................................... 71
Section-by-Section Analysis .................................................................................... 77
Explanation of Amendments ................................................................................... 85
Application of Law to the Legislative Branch ....................................................... 85
Unfunded Mandate Statement ............................................................................... 85
Earmark Statement ................................................................................................. 85
Roll Call Votes ......................................................................................................... 86
Statement of Performance Goals and Objectives .................................................. 90
19–006
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Duplication of Federal Programs ............................................................................ 90
Hearings ................................................................................................................... 90
Statement of Oversight Findings and Recommendations of the Committee ...... 91
New Budget Authority and CBO Cost Estimate ................................................... 91
Committee Cost Estimate ....................................................................................... 94
Changes in Existing Law Made by the Bill, as Reported ..................................... 94
Committee Correspondence .................................................................................... 165
Minority Views ......................................................................................................... 168
The amendment is as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Apprenticeship Act of 2020’’.
SEC. 2. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect beginning on
July 1, 2021.
SEC. 3. AMENDMENT.
The Act of August 16, 1937 (commonly referred to as the ‘‘National Apprenticeship
Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), is amended to read as follows:
‘‘SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
‘‘(a) SHORT TITLE.—This Act may be cited as the ‘National Apprenticeship Act’.
‘‘(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
‘‘Sec. 1. Short title; table of contents.
‘‘Sec. 2. Definitions.
‘‘Sec. 3. Programs under the national apprenticeship system.
‘‘Sec. 4. Transition provisions.
‘‘Sec. 5. Disaggregation of data.
‘‘Sec. 6. Relation to other laws.
‘‘TITLE I—PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM
‘‘Subtitle A—The Office of Apprenticeship, State Registration Agency Approval Process, and Interagency
Agreement
‘‘Sec. 111. The Office of Apprenticeship.
‘‘Sec. 112. National Advisory Committee on Apprenticeships.
‘‘Sec. 113. State apprenticeship agencies and State Offices of Apprenticeship.
‘‘Sec. 114. Interagency agreement with Department of Education.
‘‘Subtitle B—Process and Standards for the National Apprenticeship System
‘‘Sec. 121. Apprenticeable occupations standards.
‘‘Sec. 122. Quality standards of programs under the national apprenticeship system.
‘‘Sec. 123. Apprenticeship agreements.
‘‘Sec. 124. Registration of programs under the national apprenticeship system.
‘‘Subtitle C—Evaluations and Research
‘‘Sec. 131. Program evaluations.
‘‘Sec. 132. National apprenticeship system research.
‘‘Subtitle D—General Provisions
‘‘Sec. 141. Authorization of appropriations.
‘‘TITLE II—MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST CENTURY
GRANTS
‘‘Sec. 201. Grant requirements.
‘‘Sec. 202. Uses of Funds.
‘‘Sec. 203. Grant evaluations.
‘‘Sec. 204. Grant appropriations.
‘‘SEC. 2. DEFINITIONS.
‘‘In this Act:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of
the Office of Apprenticeship established under section 111(a).
‘‘(2) ADVISORY COMMITTEE.—The term ‘Advisory Committee’ means the Na-
tional Advisory Committee on Apprenticeships established under section 112.
‘‘(3) APPRENTICE.—The term ‘apprentice’ means a program participant in an
apprenticeship program.
‘‘(4) APPRENTICESHIP AGREEMENT.—The term ‘apprenticeship agreement’
means a written agreement under section 123 between—
‘‘(A) an apprentice, a youth apprentice, or a pre-apprentice; and
‘‘(B) a sponsor.
‘‘(5) APPRENTICESHIP HUB.—The term ‘apprenticeship hub’ means a regional
or sectoral qualified intermediary recognized by a State apprenticeship agency
or a State Office of Apprenticeship as organizing and providing activities and
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services related to the development of programs under the national apprentice-
ship system.
‘‘(6) APPRENTICEABLE OCCUPATION.—The term ‘apprenticeable occupation’
means an occupation that the Administrator has determined meets the require-
ments of section 121.
‘‘(7) APPRENTICESHIP PROGRAM.—The term ‘apprenticeship program’ means a
program that meets the standards described in section 122(b) and is registered
under this Act.
‘‘(8) COMPETENCY.—The term ‘competency’ means the attainment of knowl-
edge, skills, and abilities in a subject area, as specified by an occupational skill
standard and demonstrated by an appropriate written or hands-on proficiency
measurement.
‘‘(9) DEPARTMENT.—The term ‘Department’ means the Department of Labor.
‘‘(10) EDUCATION AND TRAINING PROVIDER.—The term ‘education and training
provider’ means—
‘‘(A) an area career and technical education school;
‘‘(B) an early college high school;
‘‘(C) an educational service agency;
‘‘(D) a high school;
‘‘(E) a local educational agency or State educational agency;
‘‘(F) a Tribal educational agency, Tribally controlled college or university,
or Tribally controlled postsecondary career and technical institution;
‘‘(G) a postsecondary educational institution;
‘‘(H) a minority-serving institution (as described in any of paragraphs (1)
through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)));
‘‘(I) a provider of adult education and literacy activities under the Adult
Education and Family Literacy Act (29 U.S.C. 3271 et seq.);
‘‘(J) a local agency administering plans under title I of the Rehabilitation
Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that
title (29 U.S.C. 732, 741);
‘‘(K) a related instruction provider, including a qualified intermediary act-
ing as a related instruction provider as approved by a registration agency;
or
‘‘(L) a consortium of entities described in any of subparagraphs (A)
through (K).
‘‘(11) ELIGIBLE ENTITY.—
‘‘(A) IN GENERAL.—The term ‘eligible entity’ means—
‘‘(i) a program sponsor;
‘‘(ii) a State workforce development board or State workforce agency,
or a local workforce development board or local workforce development
agency;
‘‘(iii) an education and training provider, or a consortium thereof;
‘‘(iv) if the applicant is in a State with a State apprenticeship agency,
such State apprenticeship agency;
‘‘(v) an Indian Tribe or Tribal organization;
‘‘(vi) an industry or sector partnership, a group of employers, a trade
association, or a professional association that sponsors or participates
in a program under the national apprenticeship system;
‘‘(vii) a Governor;
‘‘(viii) a labor organization or joint-labor management organization;
or
‘‘(ix) a qualified intermediary.
‘‘(B) SPONSOR REQUIREMENT.—Not fewer than one entity under subpara-
graph (A) shall be the sponsor of a program under the national apprentice-
ship system.
‘‘(12) INDIAN TRIBE; TRIBAL ORGANIZATION.—The terms ‘Indian Tribe’ and
‘Tribal organization’ have the meaning given the terms (without regard to cap-
italization) in section 4 of the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304).
‘‘(13) INTERIM CREDENTIAL.—The term ‘interim credential’ means a credential
issued by a registration agency, upon request of the appropriate sponsor, as cer-
tification of competency attainment by a program participant during participa-
tion in a program under the national apprenticeship system.
‘‘(14) JOURNEYWORKER.—The term ‘journeyworker’ means a worker who has
attained a level of skill, abilities, and competencies recognized within an indus-
try as having mastered the skills and competencies required for the occupation.
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‘‘(15) NATIONAL APPRENTICESHIP SYSTEM.—The term ‘national apprenticeship
system’ means the apprenticeship programs, youth apprenticeship programs,
and pre-apprenticeship programs that meet the requirements of this Act.
‘‘(16) NONTRADITIONAL APPRENTICESHIP POPULATION.—The term ‘nontradi-
tional apprenticeship population’ means a group of individuals (such as a group
of individuals from the same gender or race), the members of which comprise
fewer than 25 percent of the program participants in an apprenticeable occupa-
tion under the national apprenticeship system.
‘‘(17) NONTRADITIONAL APPRENTICESHIP INDUSTRY OR OCCUPATION.—The term
‘nontraditional apprenticeship industry or occupation’ refers to an industry sec-
tor or occupation that represents fewer than 10 percent of apprenticeable occu-
pations or the programs under the national apprenticeship system.
‘‘(18) PRE-APPRENTICE.—The term ‘pre-apprentice’ means a program partici-
pant in a pre-apprenticeship program.
‘‘(19) PRE-APPRENTICESHIP PROGRAM.—The term ‘pre-apprenticeship program’
means a training model or program that—
‘‘(A) prepares individuals for acceptance into an apprenticeship program;
‘‘(B) meets the standards described in section 122(c); and
‘‘(C) is registered under this Act.
‘‘(20) PROGRAM PARTICIPANT.—The term ‘program participant’ means an ap-
prentice, a pre-apprentice, or a youth apprentice.
‘‘(21) QUALIFIED INTERMEDIARY.—
‘‘(A) IN GENERAL.—The term ‘qualified intermediary’ means an entity that
demonstrates expertise in building, connecting, sustaining, and measuring
the performance of partnerships described in subparagraph (B) and serves
program participants and employers by—
‘‘(i) connecting employers to programs under the national apprentice-
ship system;
‘‘(ii) assisting in the design and implementation of such programs, in-
cluding curriculum development and delivery for related instruction;
‘‘(iii) supporting entities, sponsors, or program administrators in
meeting the registration and reporting requirements of this Act;
‘‘(iv) providing professional development activities such as training to
mentors;
‘‘(v) connecting students or workers to programs under the national
apprenticeship system;
‘‘(vi) developing and providing personalized program participant sup-
ports, 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, de-
livery, expansion, or improvement of programs under the national ap-
prenticeship 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 na-
tional apprenticeship system, including—
‘‘(i) industry or sector partnerships;
‘‘(ii) partnerships among employers, joint labor-management organi-
zations, labor organizations, community-based organizations, industry
associations, State or local workforce development boards, education
and training providers, social service organizations, economic develop-
ment organizations, Indian Tribes or Tribal organizations, one-stop op-
erators, or one-stop partners, in the State workforce development sys-
tem; or
‘‘(iii) partnerships among one or more of the entities described in
clauses (i) and (ii).
‘‘(22) RECOGNIZED POSTSECONDARY CREDENTIAL.—The term ‘recognized post-
secondary credential’ has the meaning given the term in section 3 of the Work-
force Innovation and Opportunity Act (29 U.S.C. 3102), except that such term
does not include a certificate of completion of an apprenticeship.
‘‘(23) REGISTRATION AGENCY.—The term ‘registration agency’ means the State
Office of Apprenticeship or State apprenticeship agency in a State that is re-
sponsible 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 apprentice-
ship, pre-apprenticeship, or apprenticeship programs registered by the reg-
istration agency.
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‘‘(24) RELATED INSTRUCTION.—The term ‘related instruction’ means an orga-
nized and systematic form of instruction that meets the requirements of section
122(b)(1)(C).
‘‘(25) RELATED FEDERAL PROGRAMS.—The term ‘related Federal programs’
means programs or activities under the following:
‘‘(A) The Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.), including adult education and literacy activities under such Act.
‘‘(B) The Wagner-Peyser Act (29 U.S.C. 49 et seq.).
‘‘(C) The Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.).
‘‘(D) The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
‘‘(E) The Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.).
‘‘(F) Title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).
‘‘(G) Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.).
‘‘(H) Career and technical education programs at the postsecondary level
under the Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2302).
‘‘(I) Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
‘‘(J) Chapter 41 of title 38, United States Code.
‘‘(K) Employment and training activities carried out under the Commu-
nity 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 applica-
ble 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 Busi-
ness Administration.
‘‘(Q) Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d)(4)).
‘‘(R) Educational assistance programs under chapters 30 through 36 of
title 38, United States Code.
‘‘(26) SECRETARY.—The term ‘Secretary’ means the Secretary of Labor.
‘‘(27) SPONSOR.—The term ‘sponsor’ means an employer, joint labor-manage-
ment organization, trade association, professional association, labor organiza-
tion, education and training provider, or qualified intermediary that is applying
to administer and operate a program under the national apprenticeship system.
‘‘(28) STATE APPRENTICESHIP AGENCY.—The term ‘State apprenticeship agency’
means a State agency recognized as a State apprenticeship agency under sec-
tion 113.
‘‘(29) STATE APPRENTICESHIP COUNCIL.—The term ‘State apprenticeship coun-
cil’ means an entity established under section 113(b)(3) to assist the State ap-
prenticeship agency.
‘‘(30) STATE OFFICE OF APPRENTICESHIP.—The term ‘State office of apprentice-
ship’ means the office designated by the Administrator to administer programs
under the national apprenticeship system in such State and meets the require-
ments of section 111(b)(3).
‘‘(31) STATE OR LOCAL WORKFORCE DEVELOPMENT BOARDS.—The terms ‘State
workforce development board’ and ‘local workforce development board’ have the
meanings given the terms ‘State board’ and ‘local board’, respectively, in section
3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
‘‘(32) STATE WORKFORCE AGENCY.—The term ‘State workforce agency’ means
the State agency with responsibility for workforce investment activities under
chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3121 et seq., 3131 et seq.).
‘‘(33) CTE TERMS.—The terms ‘area career and technical education school’, ‘ar-
ticulation agreement’, ‘credit transfer agreement’, ‘postsecondary educational in-
stitution’, ‘Tribally controlled college or university’, ‘Tribally controlled postsec-
ondary career and technical institution’, and ‘work-based learning’ have the
meanings given in section 3 of the Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2302).
‘‘(34) ESEA TERMS.—The terms ‘dual or concurrent enrollment program’,
‘early college high school’, ‘education service agency’, ‘high school’, ‘local edu-
cational 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).
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‘‘(35) TRIBAL EDUCATIONAL AGENCY.—The term ‘Tribal educational agency’ has
the meaning given the term in section 6132 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7452).
‘‘(36) WIOA TERMS.—The terms ‘career pathway’, ‘in-demand industry sector
or occupation’, ‘individual with a barrier to employment’, ‘industry or sector
partnership’, ‘labor market area’, ‘local area’, ‘one-stop center’, ‘one-stop oper-
ator’, ‘one-stop partner’, ‘State’, ‘supportive services’ and ‘workforce development
system’ have the meanings given in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
‘‘(37) YOUTH APPRENTICE.—The term ‘youth apprentice’ means a participant
in a youth apprenticeship program.
‘‘(38) YOUTH APPRENTICESHIP PROGRAM.—The term ‘youth apprenticeship pro-
gram’ means a model or program that meets the standards described in section
122(d) and is registered under this Act.
‘‘SEC. 3. PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM.
‘‘Any funds appropriated under this Act shall only be used for, or provided to, pro-
grams under the national apprenticeship system, including any funds awarded for
the purposes of grants, contracts, or cooperative agreements, or the development,
implementation, or administration, of program under the national apprenticeship
system.
‘‘SEC. 4. TRANSITION PROVISIONS.
‘‘The Secretary shall take such steps as are necessary to provide for the orderly
transition to the authority of this Act (as amended by the National Apprenticeship
Act of 2020) from any authority under the Act of August 16, 1937 (commonly re-
ferred 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 Ap-
prenticeship Act of 2020.
‘‘SEC. 5. DISAGGREGATION OF DATA.
‘‘The disaggregation of data under this Act shall not be required when the number
of program participants in a category is insufficient to yield statistically reliable in-
formation or when the results would reveal personally identifiable information
about a program participant or would reveal such information when combined with
other released information.
‘‘SEC. 6. RELATION TO OTHER LAWS.
‘‘Nothing in this Act shall invalidate or limit the remedies, rights, and procedures
under any Federal law or the law of any State or political subdivision of any State
or jurisdiction that provides greater or equal protection for individuals based on
race, color, religion, national origin, sex, sexual orientation, age, genetic information,
or disability than are afforded by this Act.
‘‘TITLE I—PROMOTING PROGRAMS UNDER
THE NATIONAL APPRENTICESHIP SYSTEM
‘‘Subtitle A—The Office of Apprenticeship, State
Registration Agency Approval Process, and
Interagency Agreement
‘‘SEC. 111. THE OFFICE OF APPRENTICESHIP.
‘‘(a) ESTABLISHMENT OF THE OFFICE OF APPRENTICESHIP.—There is established, in
the Employment and Training Administration of the Department of Labor, an Office
of Apprenticeship (referred to in this section as the ‘Office’), which shall be directed
by an Administrator who has demonstrated knowledge of the national apprentice-
ship system necessary to head the Office.
‘‘(b) RESPONSIBILITIES.—The Administrator shall be responsible for the adminis-
tration of this Act, including:
‘‘(1) PROMOTION AND AWARENESS ACTIVITIES.—The Administrator shall carry
out promotion and awareness activities, including the following:
‘‘(A) Supporting the development or scaling of apprenticeship models na-
tionally, promoting the effectiveness of youth apprenticeship, pre-appren-
ticeship, and apprenticeship programs, and providing promotional materials
to State apprenticeship agencies, State workforce development systems or
local workforce development systems, State educational agencies or local
educational agencies, employers, trade associations, professional associa-
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tions, industry groups, labor organizations, joint labor-management organi-
zations, education and training providers, Federal and State correctional fa-
cilities, and prospective apprentices in such programs.
‘‘(B) Promoting greater diversity in the national apprenticeship system in-
cluding by—
‘‘(i)(I) promoting outreach to nontraditional apprenticeship popu-
lations;
‘‘(II) engaging minority-serving institutions and employers from non-
traditional apprenticeship industries or occupations; and
‘‘(III) engaging small, medium-size, women-owned, and minority-
owned businesses, and employers in high-skill, high-wage, and in-de-
mand industry sectors and occupations that are nontraditional appren-
ticeship industries or occupations; and
‘‘(ii) supporting the participation and retention of apprentices and
employers described in clause (i) in the national apprenticeship system.
‘‘(2) TECHNICAL ASSISTANCE ACTIVITIES.—The Administrator shall carry out
technical assistance activities, including the following:
‘‘(A) Providing technical assistance to—
‘‘(i) assist State apprenticeship agencies and sponsors in complying
with the requirements of this Act, including the process and standards
described in subtitle B and the evaluation and research requirements
described in subtitle C;
‘‘(ii) receive and resolve comments or complaints from youth appren-
tices, pre-apprentices, or apprentices, sponsors, employers, State ap-
prenticeship agencies, State local workforce agencies or local workforce
agencies, State educational agencies or local educational agencies,
qualified intermediaries, labor organizations, joint labor-management
organizations, or other stakeholders;
‘‘(iii) assist sponsors, employers, qualified intermediaries, and edu-
cation and training or related instruction providers, or other entities in-
terested in becoming sponsors, or seeking support for developing pro-
grams under the national apprenticeship system or effectively carrying
out such programs, including providing assistance for remote or virtual
learning or training, as necessary;
‘‘(iv) assist those applying for or carrying out grants under title II;
and
‘‘(v) share, through a national apprenticeship system clearinghouse,
high-quality materials for programs under the national apprenticeship
system, such as related instruction or training materials.
‘‘(B) Cooperating with the—
‘‘(i) Secretary of Education in—
‘‘(I) providing technical assistance for the development and im-
plementation of related instruction under the national apprentice-
ship system that is aligned with State education systems and edu-
cation and training providers; and
‘‘(II) supporting the stackability and portability of academic cred-
it and credentials earned as part of such programs, including
through articulation agreements and career pathways; and
‘‘(ii) State workforce development systems to promote awareness of
opportunities under the national apprenticeship system.
‘‘(3) STATE OFFICES OF APPRENTICESHIP.—
‘‘(A) ESTABLISHMENT OF OFFICES.—
‘‘(i) IN GENERAL.—The Administrator shall establish and operate a
State Office of Apprenticeship in a State described in clause (ii) to serve
as the registration agency for such State.
‘‘(ii) APPLICABLE STATES.—A State described in this clause is a
State—
‘‘(I) in which, as of the day before the date of enactment of the
National Apprenticeship Act of 2020, there is no State Office of Ap-
prenticeship; and
‘‘(II) that has not applied for recognition as a State apprentice-
ship agency under section 113, or for which such recognition has
not provided or has been withdrawn by the Administrator under
such section.
‘‘(B) STATE PLAN REQUIREMENT.—Each State Office of Apprenticeship
shall be administered by a State Director who shall prepare and submit a
State plan that meets the requirements of section 113(c).
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‘‘(C) VACANCIES.—Subject to the availability of appropriations, in the case
of a State Office of Apprenticeship with a vacant position, the Adminis-
trator shall—
‘‘(i) make information on such vacancy available on a publicly acces-
sible website; and
‘‘(ii) report to the Committee on Education and Labor of the House
of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate, on the status and length of such vacancy
if such vacancy is not filled not later than 90 days after such position
has become vacant.
‘‘(D) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be con-
strued to prohibit any State described in subparagraph (A)(ii) from estab-
lishing an agency or entity to promote programs under the national appren-
ticeship system in such State, in coordination with the State Office of Ap-
prenticeship operating in the State, so long as such agency or entity does
not act as the registration agency in such State.
‘‘(4) QUALITY STANDARDS, APPRENTICESHIP AGREEMENT, AND REGISTRATION RE-
VIEW.—In order for the Secretary, acting through the Administrator, to support
the formulation and furtherance of labor standards necessary to safeguard the
welfare of program participants, and to extend the application of such standards
in apprenticeship agreements, not later than 1 year after the effective date of
the National Apprenticeship Act of 2020, and at least every 3 years thereafter,
the Administrator shall review, and where appropriate, update the process for
meeting the requirements of subtitle B, including applicable regulations and
subregulatory guidance to ensure that such process is easily accessible and effi-
cient to bring together employers and labor as sponsors or potential sponsors
of programs under the national apprenticeship system.
‘‘(5) APPRENTICEABLE OCCUPATIONS.—
‘‘(A) EXISTING APPRENTICEABLE OCCUPATIONS.—The Administrator shall
regularly review and update the requirements for each apprenticeable occu-
pation to ensure that such requirements are in compliance with require-
ments under this Act.
‘‘(B) NEW APPRENTICEABLE OCCUPATION.—
‘‘(i) IN GENERAL.—The Administrator shall review and make a deter-
mination on whether to approve an occupation as an apprenticeable oc-
cupation not later than 45 days after receiving an application from a
person seeking such approval from the Administrator.
‘‘(ii) ESTIMATED TIMELINE.—If such determination is not made within
45 days, the Administrator shall provide the applicant with a written
explanation for the delay and offer an estimated timeline for a deter-
mination that does not to exceed 90 days after the date of such written
explanation.
‘‘(C) INDUSTRY RECOGNIZED OCCUPATIONAL STANDARDS.—
‘‘(i) IN GENERAL.—From the funds appropriated under section 141(a),
the Administrator shall convene, on an ongoing basis and taking into
consideration recommendations of the Advisory Committee under sec-
tion 112(d)(4), the industry sector leaders and experts described in
clause (ii) for the purposes of establishing or updating specific frame-
works 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 com-
petencies, and relevant timelines for review of such frameworks.
‘‘(ii) INDUSTRY SECTOR LEADERS AND EXPERTS.—The industry sector
leaders and experts are employers, industry associations, joint labor-
management organizations, labor organizations, education and training
providers, credential providers, program participants, and other stake-
holders relevant to the sector or occupation for which the frameworks
are being established or updated, as determined by the Administrator.
‘‘(iii) PRIORITY INDUSTRY RECOGNIZED APPRENTICEABLE OCCUPA-
TIONS.—In establishing frameworks under clause (i) for the first time
after the effective date of the National Apprenticeship Act of 2020, the
Administrator shall prioritize the establishment of such standards in
high-skill, high-wage, or in-demand industry sectors and occupations.
‘‘(D) REGULATIONS.—Not later than one year after the date of the enact-
ment of the National Apprenticeship Act of 2020, the Secretary shall issue
regulations that outline a process for proactively establishing and approving
standards and requirements for apprenticeable occupations in consultation
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with the industry sector leaders and experts described in subparagraph
(C)(ii).
‘‘(6) PROGRAM OVERSIGHT AND EVALUATION.—The Administrator shall—
‘‘(A) monitor State apprenticeship agencies, State Offices of Apprentice-
ship, grantees, and sponsors of programs under the national apprenticeship
system to ensure compliance with the requirements of this Act;
‘‘(B) provide technical assistance to assist such entities with such compli-
ance or program performance; and
‘‘(C) conduct research and evaluation in accordance with subtitle C.
‘‘(7) PROMOTING DIVERSITY IN THE NATIONAL APPRENTICESHIP SYSTEM.—The
Administrator shall promote diversity and ensure equal opportunity to partici-
pate in programs for apprentices, youth apprentices, and pre-apprentices, in-
cluding—
‘‘(A) taking steps necessary to promote diversity in apprenticeable occupa-
tions under the national apprenticeship system, especially in high-skill,
high-wage, or in-demand industry sectors and occupations in areas with
high percentages of low-income individuals;
‘‘(B) ensuring programs under the national apprenticeship system—
‘‘(i) adopt and implement policies to provide for equal opportunity in
such programs, as described in section 30.3 of title 29, Code of Federal
Regulations (as in effect on January 31, 2020);
‘‘(ii) do not engage in intimidation or retaliation as prohibited under
section 30.17 of title 29, Code of Federal Regulations (as in effect on
January 31, 2020); and
‘‘(iii) are subject, for any violation of clauses (i) or (ii), to enforcement
action under this Act; and
‘‘(C) supporting the recruitment, employment, and retention of nontradi-
tional apprenticeship populations in programs under the national appren-
ticeship system in high-skill, high-wage, and in-demand industry sectors
and occupations, including women, people of color, individuals with disabil-
ities, individuals impacted by the criminal and juvenile justice system, and
individuals with barriers to employment, as applicable.
‘‘(8) GRANT AWARDS.—The Administrator shall award grants under title II.
‘‘(9) NATIONAL ADVISORY COMMITTEE.—The Administrator shall—
‘‘(A) regularly consult with the National Advisory Committee on Appren-
ticeships under section 112; and
‘‘(B) ensure that the required recommendations and other reports of the
Advisory Committee are submitted to the Secretary and transmitted to the
Committee on Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate.
‘‘(10) COORDINATION.—The Administrator shall coordinate and align programs
under the national apprenticeship system with related Federal programs.
‘‘(c) INFORMATION COLLECTION AND DISSEMINATION.—The Administrator shall pro-
vide for data collection and dissemination of information regarding programs under
the national apprenticeship system, including—
‘‘(1) not later than 1 year after the date of the enactment of the National Ap-
prenticeship Act of 2020, establishing and supporting a single information tech-
nology infrastructure to support data collection and reporting from State ap-
prenticeship agencies, State Offices of Apprenticeship, grantees under title II,
program sponsors, and program administrators under the national apprentice-
ship system by providing for a data infrastructure that—
‘‘(A) is developed and maintained by the Administrator, with input from
national data and privacy experts, is informed by best practices on public
provision of credential information, and to the extent practicable, aligns
with the technology infrastructure for related Federal programs, such as
the technology infrastructure used under the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3101 et seq.);
‘‘(B) best meets the needs of the national apprenticeship system stake-
holders reporting data to the Administrator or State apprenticeship agen-
cies, including through the provision of technical assistance and financial
assistance as necessary to ensure reporting systems are equipped to report
into a single information technology infrastructure; and
‘‘(C) is aligned with data from the performance reviews under section
131(b)(1)(A);
‘‘(2) providing for data sharing that includes making nonpersonally identifi-
able apprenticeship data available on a publicly accessible website that is
searchable and comparable, through the use of common, linked, open-data de-
scription language, such as the credential transparency description language or
a substantially similar resource, so that interested parties can become aware of
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apprenticeship opportunities and of program outcomes that best meets the
needs of youth apprentices, pre-apprentices, and apprentices, employers, edu-
cation and training providers, program sponsors, and relevant stakeholders, in-
cluding—
‘‘(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 opportuni-
ties under such system, including whether programs under such system
offer dual or concurrent enrollment programs, articulation agreements, and
recognized postsecondary credentials as part of the program offerings;
‘‘(C) information about the educational and occupational credentials and
related competencies of programs under such system; and
‘‘(D) information based on the most recent data available to the Office
that is consistent with national standards and practices.
‘‘SEC. 112. NATIONAL ADVISORY COMMITTEE ON APPRENTICESHIPS.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is established, in the Department of Labor, a Na-
tional Advisory Committee on Apprenticeships.
‘‘(2) COMPOSITION.—
‘‘(A) APPOINTMENTS.—The Advisory Committee shall consist of 27 voting
members described in subparagraph (B) appointed by the Secretary.
‘‘(B) LIST OF INDIVIDUALS.—The individuals described in this subpara-
graph are—
‘‘(i) 9 representatives of employers or industry associations who par-
ticipate in an apprenticeship program, including representatives of em-
ployers representing nontraditional apprenticeship industries or occu-
pations, and other high-skill, high-wage, or in-demand industry sectors
or occupations, as applicable;
‘‘(ii) 9 representatives of labor organizations or joint labor-manage-
ment organizations who have responsibility for the administration of an
apprenticeship program (including those sponsored by a joint labor-
management organization and from nontraditional apprenticeship in-
dustries or occupations), at least 1 of which represent employees pri-
marily in the building trades and construction industry;
‘‘(iii) 1 representative of each from—
‘‘(I) a State apprenticeship agency;
‘‘(II) a State or local workforce development board with signifi-
cant expertise in supporting a program under the national appren-
ticeship system;
‘‘(III) a community organization with significant expertise sup-
porting such a program;
‘‘(IV) an area career and technical education school or local edu-
cational agency;
‘‘(V) a State apprenticeship council;
‘‘(VI) a State or local postsecondary education and training pro-
viders that administers, or has not less than 1 articulation agree-
ment with an entity administering, a program under the national
apprenticeship system;
‘‘(VII) a provider of an industry-recognized credential;
‘‘(VII) a national qualified intermediary; and
‘‘(IX) an apprentice.
‘‘(C) EX OFFICIO NONVOTING MEMBERS.—The Advisory Committee shall
consist of ex officio nonvoting members from each of the following depart-
ments, selected by the applicable Secretary—
‘‘(i) the Department of Labor;
‘‘(ii) the Department of Commerce;
‘‘(iii) the Department of Education;
‘‘(iv) the Department of Energy;
‘‘(v) the Department of Housing and Urban Development;
‘‘(vi) the Department of Transportation;
‘‘(vii) the Department of Veterans Affairs;
‘‘(viii) the Department of Health and Human Services;
‘‘(ix) the Department of Justice; and
‘‘(x) the Department of Defense.
‘‘(D) RECOMMENDATIONS.—The Speaker of the House of Representatives,
the Minority Leader of the House of Representatives, the Majority Leader
of the Senate, and the Minority Leader of the Senate may each recommend
to the Secretary an individual described in clause (i) or (ii) of subparagraph
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(B) for appointment under subparagraph (A) who shall be subject to the re-
quirements of paragraph (3).
‘‘(3) QUALIFICATIONS.—An individual shall be selected under paragraph (1) on
the basis of the experience and competence of such individual with respect to
programs under the national apprenticeship system.
‘‘(4) TERMS.—
‘‘(A) IN GENERAL.—Each voting member of the Advisory Committee shall
be appointed for a term of 4 years, except as provided in subparagraphs (B)
through (D).
‘‘(B) TERMS OF INITIAL APPOINTEES.—
‘‘(i) IN GENERAL.—The appointments of the initial members of the Ad-
visory Committee shall be made not later than 90 days after the effec-
tive date of the National Apprenticeship Act of 2020.
‘‘(ii) STAGGERING OF TERMS.—As designated by the Secretary at the
time of the appointment, of the members first appointed—
‘‘(I) half of such members shall serve a 2-year term; and
‘‘(II) half of such members shall serve a 4-year term.
‘‘(C) VACANCIES.—Any member appointed to fill a vacancy occurring be-
fore the expiration of the term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of that term. A member
may serve after the expiration of that member’s term until a successor has
taken office. A vacancy in the Advisory Committee shall be filled in the
manner in which the original appointment was made, except that such ap-
pointment shall be made not later than 90 days after the date of the va-
cancy. A member who fulfilled a partial term as the result of a vacancy
may, at the end that term, be appointed to a full term.
‘‘(D) MULTIPLE TERMS.—A voting member of the Advisory Committee may
serve not more than 2 full terms on the Advisory Committee.
‘‘(b) CHAIRPERSON.—The Advisory Committee members shall designate by vote one
of the voting members described in subsection (a)(2)(A) of the Advisory Committee
to serve as Chairperson of the Advisory Committee.
‘‘(c) MEETINGS.—
‘‘(1) IN GENERAL.—The Advisory Committee shall meet at the call of the
Chairperson and hold not fewer than 4 meetings during each calendar year.
‘‘(2) OPEN ACCESS.—All meetings of the Advisory Committee shall be open to
the public. A transcript shall be kept of each meeting and made available for
public inspection within 30 days of the meeting.
‘‘(d) DUTIES.—The Advisory Committee shall, at a minimum—
‘‘(1) advise, consult with, and make recommendations to the Administrator on
matters relating to the administration of this Act, including recommendations
on regulations and policies related to the administration of this Act;
‘‘(2) annually prepare a set of recommendations for the Administrator, to be
shared with the Committee on Education and Labor of the House of Representa-
tives and the Committee on Health, Education, Labor and Pensions of the Sen-
ate, to improve the registration process under subtitle B to make the process
easily accessible and efficient for use by sponsors while maintaining the require-
ments under subtitle B;
‘‘(3) make recommendations on expanding participation of nontraditional ap-
prenticeship populations in programs under the national apprenticeship system;
and
‘‘(4) review apprenticeable occupations and, based on reviews of labor market
trends and changes, make recommendations to the Administrator on whether
to—
‘‘(A) make updates to apprenticeable occupations under section
111(b)(5)(A); or
‘‘(B) convene sector leaders and experts under section 111(b)(5)(C) for the
establishing specific frameworks of industry recognized occupational stand-
ards.
‘‘(e) PERSONNEL.—
‘‘(1) COMPENSATION OF MEMBERS.—
‘‘(A) IN GENERAL.—A member of the Advisory Committee who is not an
officer or employee of the Federal Government shall be compensated at a
rate equal to the daily equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during which the member
is engaged in the performance of the duties of the Advisory Committee.
‘‘(B) OFFICERS OR EMPLOYEES OF THE UNITED STATES.—Members of the
Advisory Committee who are officers or employees of the United States may
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not receive additional pay, allowances, or benefits by reason of their service
on the Advisory Committee.
‘‘(2) STAFF.—The Secretary shall supply the Advisory Committee with an ex-
ecutive Secretary and provide such secretarial, clerical, and other services as
the Secretary determines to be necessary to enable the Advisory Committee to
carry out the duties described in subsection (d).
‘‘(3) DATA REQUESTS.—The Advisory Committee through its Chairperson may
request data from the Secretary as determined necessary by the Advisory Com-
mittee to carry out its functions as described in this section.
‘‘(f) PERMANENT COMMITTEE.—The Federal Advisory Committee Act (5 U.S.C.
App.) (other than section 14 of such Act) shall apply to the Advisory Committee.
‘‘SEC. 113. STATE APPRENTICESHIP AGENCIES AND STATE OFFICES OF APPRENTICESHIP.
‘‘(a) RECOGNITION OF STATE APPRENTICESHIP AGENCIES.—
‘‘(1) IN GENERAL.—The Administrator shall recognize a State agency as a
State apprenticeship agency in accordance with this section and cooperate with
such State apprenticeship agency regarding the formulation and promotion of
standards of apprenticeship under subtitle B.
‘‘(2) APPLICATION.—A State desiring to have a State agency recognized as a
State apprenticeship agency under this section shall submit an application at
such time, in such manner, and containing such information as the Adminis-
trator may require, including—
‘‘(A) the initial State plan described in subsection (c)(2)(A)(i);
‘‘(B) a description of how the State apprenticeship agency will meet the
State plan requirements of subsection (c); and
‘‘(C) a description of the linkages and coordination of the State’s proposed
standards, criteria, and requirements with the State’s economic develop-
ment strategies and workforce development system and the State’s sec-
ondary, postsecondary, and adult education systems.
‘‘(3) REVIEW AND RECOGNITION.—
‘‘(A) IN GENERAL.—Not later than 90 days after the date on which a State
submits an application under paragraph (2), the Secretary shall notify the
State regarding whether the agency of the State is recognized as a State
apprenticeship agency under this section.
‘‘(B) DURATION OF RECOGNITION.—
‘‘(i) DURATION.—The recognition of a State apprenticeship agency
shall be for a 4-year period beginning on the date the State apprentice-
ship agency is notified under subparagraph (A).
‘‘(ii) NOTIFICATION.—
‘‘(I) IN GENERAL.—The Secretary shall notify a State apprentice-
ship agency not later than 180 days before the last day of the 4-
year period regarding whether the State apprenticeship agency is
in compliance with this section.
‘‘(II) COMPLIANCE.—In the case of a State apprenticeship agency
that is in compliance with this section, the agency’s recognition
under this section shall be renewed for an additional 4-year period
and the notification under subclause (I) shall include notification of
such renewal.
‘‘(III) NONCOMPLIANCE.—In the case of a State apprenticeship
agency that is not in compliance with this section, the notification
shall—
‘‘(aa) specify the areas of noncompliance;
‘‘(bb) require corrective action; and
‘‘(cc) offer technical assistance.
‘‘(iii) RENEWAL AFTER CORRECTION.—If the Administrator determines
that a State apprenticeship agency has corrected the identified areas
of noncompliance under this subparagraph not later than 180 days of
notification of noncompliance, the State apprenticeship agency’s rec-
ognition under this section shall be renewed for an additional 4-year
period.
‘‘(C) TRANSITION PERIOD FOR STATE AGENCIES.—
‘‘(i) IN GENERAL.—Not later than 1 year after the effective date of the
National Apprenticeship Act of 2020, a State agency that, as of the day
before the date of enactment of such Act, was recognized by the Sec-
retary for purposes of registering apprenticeship programs in accord-
ance with this Act shall submit an application under paragraph (2).
‘‘(ii) TRANSITION PERIOD.—A State agency described in clause (i) shall
be recognized as a State apprenticeship agency under this section for
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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 apprentice-
ship agency, the State apprenticeship agency shall have sole authority to recog-
nize and register a pre-apprenticeship, youth apprenticeship, or apprenticeship
program in such State, which shall include—
‘‘(A) determining whether such program is in compliance with the stand-
ards for such program under section 122;
‘‘(B) in the case of such a program that is in compliance with such stand-
ards, recognizing the program and providing a certificate of recognition for
such program;
‘‘(C) providing technical assistance to current or potential sponsors; and
‘‘(D) in the case of such a program that fails to meet the requirements
of this Act, providing for the withdrawal of recognition of the program in
accordance with section 131(b).
‘‘(3) STATE APPRENTICESHIP COUNCIL.—
‘‘(A) IN GENERAL.—A State apprenticeship agency shall establish and con-
tinue to use a State apprenticeship council, which shall operate in compli-
ance with the requirements of this Act under the direction of the State ap-
prenticeship 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-manage-
ment organizations, including from nontraditional apprenticeship
industries or occupations; and
‘‘(III) public members; and
‘‘(iii) to the extent practicable, have not less than 1 member who is
a member of the State workforce board.
‘‘(C) SPECIAL RULE.—A State apprenticeship council shall not be eligible
for recognition as a State apprenticeship agency.
‘‘(c) STATE PLAN.—
‘‘(1) IN GENERAL.—For a State apprenticeship agency to be eligible to receive
allotments under subsection (f) and to be recognized under this section, the
State apprenticeship agency shall submit to the Secretary a State plan that
meets the requirements of this subsection.
‘‘(2) APPROVAL OF STATE PLAN.—
‘‘(A) SUBMISSION.—
‘‘(i) INITIAL PLAN.—The first State plan of a State apprenticeship
agency shall be submitted to the Administrator not later than 120 days
prior to the commencement of the first full program year of the State
apprenticeship agency, which shall include—
‘‘(I) a description of any State laws, policies, or operational proce-
dures relating to the process of recognizing programs under the na-
tional apprenticeship system that is inconsistent with, or imposes
requirements in addition to, the requirements of this Act;
‘‘(II) an assurance that the State will notify the Administrator if
there are any changes to the State laws (including regulations),
policies, or procedures described in subclause (I) that occur after
the date of submission of such plan; and
‘‘(III) an assurance that the State will make available on a pub-
licly available website a description of any laws (including regula-
tions), policies, and operational procedures relating to the process
of recognizing programs under the national apprenticeship system
that are inconsistent with, or impose requirements in addition to,
the requirements of this Act.
‘‘(ii) SUBSEQUENT PLANS.—Except as provided in clause (i), a State
plan shall be submitted to the Administrator not later than 120 days
prior to the end of the 4-year period covered by the preceding State
plan.
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‘‘(B) APPROVAL.—A State plan shall be subject to the approval of the Ad-
ministrator and shall be considered to be approved at the end of the 90-
day period beginning on the date that the plan is submitted under this
paragraph, unless the Administrator, during the 90-day period, provides the
State apprenticeship agency, in writing—
‘‘(i) an explanation for why the State plan is inconsistent with the re-
quirements of this Act; and
‘‘(ii) an opportunity for an appeal of such determination to an Admin-
istrative Law Judge for the Department of Labor not later than 30 days
after receipt of the notice of denial from the Administrator.
‘‘(C) MODIFICATIONS.—
‘‘(i) MODIFICATIONS.—At the end of the first 2-year period of any 4-
year State plan, the State may submit modifications to the State plan
to reflect changes in labor market and economic conditions or other fac-
tors affecting the implementation of the State plan.
‘‘(ii) APPROVAL.—A modified State plan submitted for review under
clause (i) shall be subject to the approval requirements described in
subparagraph (B).
‘‘(3) TECHNICAL ASSISTANCE.—Each State Plan shall describe how the State
apprenticeship agency will provide technical assistance for—
‘‘(A) potential sponsors, employers, labor organizations, joint labor-man-
agement organizations, qualified intermediaries, apprentices, education and
training providers, credentialing bodies, eligible entities, industry associa-
tions, or any potential program participant in the national apprenticeship
system in the State for the purposes of recruitment, retention, program de-
velopment, expansion, or implementation, including supporting remote or
virtual learning or training, as necessary;
‘‘(B) sponsors of programs registered in the State, including sponsors that
are not meeting performance goals under subtitle C, for purposes of assist-
ing sponsors in meeting or exceeding such goals; and
‘‘(C) sponsors of programs registered in that State for purposes of assist-
ing such sponsors in achieving State goals in diversity and equal oppor-
tunity in apprenticeships in accordance with paragraph (5).
‘‘(4) RECIPROCITY.—Each State plan shall describe how the State apprentice-
ship agency, in the case of a program recognized by a registration agency in an-
other State, shall recognize such program in the State of such agency for pur-
poses of this Act by not later than 30 days after receipt of an application for
such recognition from a program sponsor, as long as such program meets the
wage and hour provisions of the State granting reciprocity.
‘‘(5) PROMOTING DIVERSITY IN THE NATIONAL APPRENTICESHIP SYSTEM.—Each
State plan shall include a plan for how the State apprenticeship agency will—
‘‘(A) promote diversity in apprenticeable occupations offered throughout
the State, and a description of how such agency will promote the addition
of apprenticeable occupations in high-skill, high-wage, or in-demand indus-
try sectors and occupations, and in nontraditional apprenticeship occupa-
tions and sectors; and
‘‘(B) promote diversity and equal opportunity in programs under the na-
tional apprenticeship system by uniformly adopting and implementing the
requirements of subparagraphs (B) and (C) of section 111(b)(7).
‘‘(6) COMPLAINTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), each State plan shall in-
clude a description of the system for the State apprenticeship agency to re-
ceive and resolve complaints submitted by program participants, the pro-
gram participant’s authorized representative, sponsors, employers, or non-
profit compliance organizations, such as complaints concerning equal em-
ployment opportunity or discrimination, violations of the apprenticeship
agreement, or violations of requirements under this Act.
‘‘(B) COLLECTIVE BARGAINING AGREEMENTS.—Any controversy arising
under an apprenticeship agreement which is covered by a collective bar-
gaining agreement shall not be subject to the system described in subpara-
graph (A), except that complaints concerning discrimination or any matters
described in subparagraph (5)(B) shall be subject to such system.
‘‘(7) STATE APPRENTICESHIP HUBS.—Each State plan shall describe how the
State will support, in a manner that takes into consideration geographic diver-
sity, the creation and implementation of apprenticeship hubs throughout the
State that shall work with industry and sector partnerships to expand programs
under the national apprenticeship system, and apprenticeable occupations, in
the State.
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‘‘(8) STATE APPRENTICESHIP PERFORMANCE OUTCOMES.—Each State plan
shall—
‘‘(A) in coordination with the Administrator, establish annual State per-
formance goals for the programs registered by the State apprenticeship
agency for the indicators described—
‘‘(i) in subparagraph (A) of section 131(b)(1); and
‘‘(ii) in subparagraph (B)(ii) of section 131(b)(1); and
‘‘(B) describe how the State apprenticeship agency will collect perform-
ance data from programs registered by the agency; and
‘‘(C) annually report on the outcomes of each such program in relation to
the State established goals under subparagraph (A).
‘‘(9) USES OF FUNDS.—Each State plan shall include a description of the uses
described in subsection (d) of the allotment received by the State apprenticeship
agency under subsection (f).
‘‘(10) ALIGNMENT OF WORKFORCE ACTIVITIES.—Each State plan shall include
a summary of State-supported workforce development activities (including edu-
cation and training) in the State, including—
‘‘(A) a summary of the apprenticeship programs on the list of eligible pro-
viders of training services under section 122(d) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3152(d));
‘‘(B) the degree to which the programs under the national apprenticeship
system in the State are aligned with and address the skill needs of the em-
ployers in the State identified by the State workforce development board;
and
‘‘(C) a description of how apprenticeship programs will receive expedited
consideration to be included on the list of eligible providers of training serv-
ices under section 122(d) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3152(d)).
‘‘(11) STATE STRATEGIC VISION.—Each State plan shall include a summary of
the State’s strategic vision and set of goals for preparing an educated and
skilled workforce and for meeting the skilled workforce needs of employers, in-
cluding in existing and emerging in-demand industry sectors and occupations
as identified by the State, and how the programs registered by the State ap-
prenticeship agency in the State will help to meet such goals.
‘‘(12) STRATEGY FOR ANY JOINT PLANNING, ALIGNMENT, COORDINATION, AND
LEVERAGING OF FUNDS.—Each State plan shall provide a description of the State
apprenticeship agency’s strategy for joint planning, alignment, coordination, and
leveraging of funds—
‘‘(A) with the State’s workforce development system, to achieve the stra-
tegic vision and goals described in paragraph (11), including the core pro-
grams defined in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102) and the elements related to system alignment under sec-
tion 102(b)(2)(B) of such Act (29 U.S.C. 3112(b)(2)(B));
‘‘(B) for programs under the national apprenticeship system in the State
with other Federal education programs, including programs under—
‘‘(i) the Elementary and Secondary Education Act of 1965;
‘‘(ii) the Individuals with Disabilities Education Act;
‘‘(iii) the Carl D. Perkins Career and Technical Education Act of
2006; and
‘‘(iv) the Higher Education Act of 1965; and
‘‘(C) to provide information about access to available State assistance or
assistance under related Federal programs, including such assistance
under—
‘‘(i) section 6(d) of the Food and Nutrition Act of 2008;
‘‘(ii) subsection (c)(1) of section 3672 of title 38, United States Code;
‘‘(iii) section 231 of the Second Chance Act of 2007 (34 U.S.C. 60541);
and
‘‘(iv) the State Temporary Assistance for Needy Families programs
under part A of title IV of the Social Security Act.
‘‘(13) STATE APPRENTICESHIP COUNCIL.—Each State plan shall provide for a
description of the composition, roles, and responsibility of the State apprentice-
ship council, and how the Council will comply with the requirements of sub-
section (b)(3).
‘‘(d) STATE APPRENTICESHIP AGENCY FUNDING.—A State apprenticeship agency
shall use funds received under clauses (i) and (ii) of subsection (f)(1)(A) according
to the following requirements:
‘‘(1) PROGRAM ADMINISTRATION.—The State apprenticeship agency shall use
such funds to support the administration of programs under the national ap-
prenticeship system across the State, including for—
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‘‘(A) staff and resources;
‘‘(B) oversight and evaluation as required under this Act;
‘‘(C) technical assistance to program sponsors, program participants, em-
ployers, labor organizations, joint labor-management organizations, edu-
cation 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 collabora-
tion and alignment across systems; and
‘‘(E) supporting the enrollment and apprenticeship certification require-
ments 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 adminis-
tered by the Secretary of Veterans Affairs, to use such assistance for the
apprenticeship program, including the requirement of designating a certi-
fying official.
‘‘(2) EDUCATIONAL ALIGNMENT.—The State apprenticeship agency shall use
not less than 10 percent of such funds to engage with the State education sys-
tem to provide technical assistance and best practices regarding—
‘‘(A) alignment of youth apprenticeship programs with the secondary edu-
cation programs in the State, including support for career exploration, ca-
reer pathways, education and career planning, and engagement with youth
apprenticeship programs for teachers, career guidance and academic coun-
selors, school leaders, administrators, and specialized instructional support
personnel and paraprofessionals;
‘‘(B) alignment of related instruction provided under the national appren-
ticeship system in the State with academic credit granting postsecondary
programs (including developing career pathways, articulation agreements,
and prior learning assessments); and
‘‘(C) the joint planning, alignment, coordination, and leveraging of funds
described in subparagraphs (B) and (C) of subsection (c)(12).
‘‘(3) WORKFORCE ALIGNMENT.—The State apprenticeship agency shall use not
less than 10 percent of such funds to engage with the State workforce develop-
ment system to provide technical assistance and best practices regarding—
‘‘(A) alignment with the State’s workforce activities and strategic vision
in accordance with paragraphs (10), (11), and subparagraphs (A) and (C) of
paragraph (12) of subsection (c);
‘‘(B) guidance for training staff of the workforce development system, in-
cluding the vocational rehabilitation agencies, within the State on the value
of programs under the national apprenticeship system as a work-based
learning option for participants, including participants of programs author-
ized under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101
et seq.) such as Job Corps under subtitle C of title I of such Act and
YouthBuild under section 171 of such Act;
‘‘(C) providing a list of programs under the national apprenticeship sys-
tem that are offered in the State, including in the State’s high-skill, high-
wage, or in-demand industry sectors or occupations;
‘‘(D) alignment of funding received and reporting required under this Act,
including relevant placement, retention, and earnings information, with the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and
technical assistance in how individual training accounts under section
134(c)(3) of such Act could be used to pay for the costs of enrolling and par-
ticipating in programs under the national apprenticeship system;
‘‘(E) partnerships with State or local workforce development boards, State
workforce agencies, and one-stop centers and one-stop operators that assist
program participants in accessing supportive services to support—
‘‘(i) the recruitment, retention, and completion of programs under the
national apprenticeship system;
‘‘(ii) transitions from youth apprenticeships and pre-apprenticeships
to apprenticeship programs; and
‘‘(iii) the placement into employment or further education upon pro-
gram completion; and
‘‘(F) expanding the list of eligible providers of training services under sec-
tion 122(d) of the Workforce Innovation and Opportunity Act to include pro-
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grams under the national apprenticeship system in the State (29 U.S.C.
3152(d)).
‘‘(4) LEADERSHIP ACTIVITIES.—
‘‘(A) IN GENERAL.—A State apprenticeship agency may reserve not more
than 15 percent of the funds received under subsection (f) in support of
State apprenticeship initiatives described in this paragraph.
‘‘(B) DIVERSITY.—Not less than 5 percent of the amount reserved under
subparagraph (A) shall be used by the State apprenticeship agency for sup-
porting and expanding diversity in apprenticeable occupations under the
national apprenticeship system in the State and program participant popu-
lations in the State.
‘‘(C) INCENTIVES FOR EMPLOYERS.—A State apprenticeship agency may
use funds reserved under subparagraph (A) to incentivize employers to par-
ticipate in programs under the national apprenticeship system, such as
costs related to program development, staffing for mentors and supervisors,
related instruction, or the creation of industry or sector partnerships to sup-
port employer participation.
‘‘(D) STATE-SPECIFIC INITIATIVES.—A State apprenticeship agency may use
funds reserved under subparagraph (A) for State-specific initiatives, such as
the development or expansion of youth apprenticeship programs or appren-
ticeship programs in high-skill, high-wage, or in-demand industry sectors
and occupations.
‘‘(5) STATE MATCH FOR FEDERAL INVESTMENT.—
‘‘(A) IN GENERAL.—Except in the case of exceptional circumstances, as de-
termined by the Administrator, in order to receive a full allotment under
subsection (f), a State apprenticeship agency shall use matching funds from
non-Federal resources to carry out the activities of the agency under this
Act in an amount not less than 25 percent of such allotment.
‘‘(B) TRANSITION PERIOD.—The requirement under this paragraph shall
take effect with respect to a State apprenticeship agency on the date that
is 1 day after the date on which the transition period for such agency under
subsection (a)(3)(C)(ii) ends.
‘‘(e) DERECOGNITION OF STATE APPRENTICESHIP AGENCIES.—
‘‘(1) IN GENERAL.—The Secretary may withdraw recognition of a State appren-
ticeship 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 rea-
sons described in paragraph (2), and has not been in compliance with the per-
formance improvement plan under paragraph (3) to remedy such failure.
‘‘(2) DERECOGNITION CRITERIA.—The recognition of a State apprenticeship
agency under this section may be withdrawn under paragraph (1) in a case in
which the State apprenticeship agency fails to—
‘‘(A) adopt or properly enforce a State plan;
‘‘(B) properly carry out its role as the sole registration agency in the
State;
‘‘(C) submit a report under section 131(b)(1)(B) for any program year;
‘‘(D) meet the State levels of performance as described in subsection
(c)(8)(A) or demonstrate improvements in performance for 3 consecutive
program years; or
‘‘(E) otherwise fulfill or operate in compliance with the requirements of
this Act.
‘‘(3) DERECOGNITION PROCESS.—
‘‘(A) IN GENERAL.—If a State apprenticeship agency fails for any of the
reasons described in paragraph (2), the Secretary shall provide technical as-
sistance to such agency for corrective action to remedy such failure, includ-
ing assistance in the development of a performance improvement plan.
‘‘(B) REDUCTION OF FUNDS.—Except in the case of exceptional cir-
cumstances as determined by the Administrator, in a case in which such
a State apprenticeship agency continues such failure after the provision of
the technical assistance under subparagraph (A)—
‘‘(i) the percentage of the funds to be allotted to the State apprentice-
ship agency under subsection (f) for each fiscal year following the fiscal
year in which such failure has been identified shall be reduced by 5
percentage points; and
‘‘(ii) the Administrator shall provide notice to the State apprentice-
ship agency that the agency’s recognition under this section may be
withdrawn if the agency fails to remedy the failure.
‘‘(C) TERMINATION OF PROCEEDINGS.—If the Administrator determines
that the State apprenticeship agency’s corrective action under subpara-
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graph (A) has addressed the agency’s failure identified under paragraph (2),
the Administrator shall—
‘‘(i) restore the agency’s full funding allocation under this title for the
next full fiscal year; and
‘‘(ii) notify the State apprenticeship agency that the agency’s recogni-
tion 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 Adminis-
trator shall—
‘‘(I) notify, in writing, the State apprenticeship agency of the fail-
ure of the State apprenticeship agency, including a description of
such failure and an explanation that the agency’s recognition under
this section may be withdrawn as a result of such failure; and
‘‘(II) offer the State apprenticeship agency an opportunity to re-
quest a hearing not later than 30 days after the date of such no-
tice.
‘‘(ii) REFERRAL TO OFFICE OF ADMINISTRATIVE LAW JUDGES.—In a case
in which the State apprenticeship agency requests a hearing under
clause (i)(II), the Administrator shall refer the matter to the Office of
Administrative Law Judges for a recommended decision by the Admin-
istrative Review Board for final agency action.
‘‘(4) REQUIREMENTS REGARDING WITHDRAWAL OF RECOGNITION.—
‘‘(A) OFFICE OF APPRENTICESHIP.—
‘‘(i) PRIOR TO ORDER.—Prior to the withdrawal of the recognition of
a State apprenticeship agency under this section, the Administrator
shall—
‘‘(I) provide to the State apprenticeship agency an order with-
drawing recognition of such agency under this section; and
‘‘(II) establish a State Office of Apprenticeship; and
‘‘(ii) AFTER ORDER.—Not later than 30 days after the date of such
order, provide notification of the withdrawal to the sponsors of the pro-
grams under the national apprenticeship system in such State that
were registered with the State apprenticeship agency to enable each
such sponsor to be registered with the Administrator (acting through
the State Office of Apprenticeship established under clause (i)(II)).
‘‘(B) STATE APPRENTICESHIP AGENCY REQUIREMENTS.—A State agency
whose recognition as a State apprenticeship agency under this section has
been withdrawn under paragraph (3) shall—
‘‘(i) provide to the Administrator program standards, apprenticeship
agreements, completion records, cancellation and suspension records,
performance metrics, and any other documents relating to the State’s
programs under the national apprenticeship system in the State;
‘‘(ii) cooperate fully during the transition period beginning on the
date of the order withdrawing such recognition and ending on the date
on which the Administrator establishes a State Office of Apprenticeship
in the State; and
‘‘(iii) return any unused funds received under this Act.
‘‘(5) REINSTATEMENT OF RECOGNITION.—A State apprenticeship agency that
has had its recognition withdrawn under this section may have such recognition
reinstated upon presentation of adequate evidence that the State apprenticeship
agency has—
‘‘(A) submitted an application under subsection (a)(2), and
‘‘(B) demonstrated the ability to operate in compliance with the require-
ments of this Act.
‘‘(f) RESERVATION AND STATE ALLOTMENTS.—
‘‘(1) STATE ALLOTMENTS.—
‘‘(A) IN GENERAL.—Of the amount appropriated under subsection (g) for
a fiscal year—
‘‘(i) 33 1⁄3 percent shall be equally distributed among each State Of-
fice of Apprenticeship, outlying area, and eligible State; and
‘‘(ii) 66 2⁄3 percent shall be allotted to eligible States on the basis de-
scribed in subparagraph (B).
‘‘(B) FORMULA.—
‘‘(i) IN GENERAL.—Of the amount available under subparagraph
(A)(ii)—
‘‘(I) 25 percent shall be allotted on the basis of the relative share
of program participants in each eligible State, as determined on
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the basis of the most recent satisfactory data available from the
Administrator, compared to the total number of program partici-
pants in all eligible States, as determined on such basis;
‘‘(II) 25 percent shall be allotted on the basis of the relative share
of program participants who have completed a program under the
national apprenticeship system in each eligible State during the
most recent 5-year period, as determined on the basis of the most
recent satisfactory data available from the Administrator, com-
pared to the total 5-year average of program participants who have
completed a program in all eligible States, as determined on such
basis; and
‘‘(III) 50 percent shall be allotted on the basis described in clause
(ii).
‘‘(ii) ALLOTMENTS BASED ON BLS AND ACS DATA.—Of the amount avail-
able under clause (i)(III)—
‘‘(I) 331⁄3 percent shall be allotted on the basis of the relative
share of individuals in the civilian labor force in each eligible
State, compared to the total number of individuals in the civilian
labor force in all eligible States;
‘‘(II) 331⁄3 percent shall be allotted on the basis of the relative
share of individuals living below the poverty line in each eligible
State, compared to the total number of individuals living below the
poverty line in all eligible States; and
‘‘(III) 331⁄3 percent shall be allotted on the basis of the relative
number of unemployed individuals in each eligible State, compared
to the total number of unemployed individuals in all eligible States.
‘‘(2) DEFINITIONS.—In this subsection—
‘‘(A) ELIGIBLE STATE.—The term ‘eligible State’ means a State that has
a State apprenticeship agency.
‘‘(B) OUTLYING AREA.—The term ‘outlying area’ means American Samoa,
Guam, the Commonwealth of the Northern Mariana Islands, and the
United States Virgin Islands.
‘‘(C) POVERTY LINE.—The term ‘poverty line’ has the meaning given such
term in section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
‘‘(D) UNEMPLOYED INDIVIDUAL.—The term ‘unemployed individual’ has
the meaning given such term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro-
priated to carry out this section—
‘‘(1) $75,000,000 for fiscal year 2021;
‘‘(2) $85,000,000 for fiscal year 2022;
‘‘(3) $95,000,000 for fiscal year 2023;
‘‘(4) $105,000,000 for fiscal year 2024; and
‘‘(5) $115,000,000 for fiscal year 2025.
‘‘SEC. 114. INTERAGENCY AGREEMENT WITH DEPARTMENT OF EDUCATION.
‘‘(a) IN GENERAL.—Not later than 1 year after the effective date of the National
Apprenticeship Act of 2020, in order to cooperate with the Secretary of Education
and promote awareness and adoption of apprenticeship programs, the Secretary
(acting through the Administrator) shall—
‘‘(1) enter into an interagency agreement with the Secretary of Education to
promote and support integration and alignment of programs under the national
apprenticeship system with secondary, postsecondary, and adult education,
through the activities described in this section; and
‘‘(2) submit to the Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Health, Education, Labor, and Pensions of
Senate, such agreement and any modifications to such agreement.
‘‘(b) ALIGNMENT FOR YOUTH APPRENTICESHIPS.—In order to promote alignment be-
tween youth apprenticeship programs and high school graduation requirements, the
interagency agreement under subsection (a) shall describe how the Secretaries will
work to provide—
‘‘(1) information and resources to—
‘‘(A) parents and students to promote a better understanding of programs
under the national apprenticeship system and their value in secondary and
postsecondary education and career pathways by not later than middle
school; and
‘‘(B) school leaders (working with academic counselors, teachers, and fac-
ulty) about the value of such programs and information on how to effec-
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tively align youth apprenticeship programs with secondary and career and
technical education programs; and
‘‘(2) technical assistance on how to—
‘‘(A) align related instruction and apprenticeable occupation skills and
competencies to high school graduation requirements;
‘‘(B) offer related instruction through dual and concurrent enrollment pro-
grams and other accelerated learning programs, as described in section
4104(b)(3)(A)(i)(IV) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7114(b)(3)(A)(i)(IV));
‘‘(C) facilitate transitions for youth apprentices who have completed their
youth apprenticeships into further education, including an associate, bacca-
laureate, or advanced degree, and related apprenticeship opportunities; and
‘‘(D) align activities carried out under this Act with eligible funding from,
and planning processes for, the Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with Dis-
abilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of
1973, and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
‘‘(c) APPRENTICESHIP COLLEGE CONSORTIUM.—In order to support the establish-
ment of a college consortium of postsecondary educational institutions, related in-
struction providers, sponsors, qualified intermediaries, employers, labor organiza-
tions, and joint labor-management organizations for the purposes of promoting
stronger connections between programs under the national apprenticeship system
and participating 2- and 4-year postsecondary educational institutions, the inter-
agency agreement under subsection (a) shall include a description of how the Secre-
taries will—
‘‘(1) support data sharing systems that align education records and records of
programs under the national apprenticeship system regarding whether program
participants who receive financial aid under title IV of the Higher Education
Act of 1965 enroll in, or complete, postsecondary coursework while participating
in a program under such system;
‘‘(2) provide guidance on how to align eligible funding from, planning proc-
esses for, and the requirements of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.), the Rehabilitation Act of 1973,
and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) with this Act;
‘‘(3) require all participants of the apprenticeship college consortium to enter
into agreements to—
‘‘(A) have an articulation agreement with a participating sponsor of an
apprenticeship program, which may include a 2- or 4-year postsecondary
educational institution;
‘‘(B) create or expand the awarding and articulation of academic credit for
related instruction completed and credentials awarded to program partici-
pants as part of a program under the national apprenticeship system; and
‘‘(C) support the creation or expansion of electronic transcripts for ap-
prenticeship programs and all academic content, including related instruc-
tion and on-the-job training;
‘‘(4) provide technical assistance on eligible uses of financial aid, including the
Federal work study program under part C of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1087–51 et seq.), for related instruction for programs
under the national apprenticeship system;
‘‘(5) provide to consortium participants or potential participants information
regarding—
‘‘(A) a list of apprenticeship programs in related occupations offered in
the State or available under the Office of Apprenticeship that may become
part of the consortium;
‘‘(B) information on how to develop an apprenticeship program;
‘‘(C) information on Federal, State, and local financial resources available
to assist with the establishment and implementation of apprenticeship pro-
grams; and
‘‘(D) information on related qualified intermediaries or industry or sector
partnerships supporting apprenticeship programs, as applicable; and
‘‘(6) support information regarding the apprenticeship consortium being made
available on a publicly accessible website, including—
‘‘(A) a list of participating members of the consortium, apprenticeship pro-
grams provided, credentials awarded with each program, and available
apprenticeable occupations; and
‘‘(B) models of articulation agreements, prior learning assessments, and
competency-based curriculum for related instruction for illustrative pur-
poses.
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‘‘(d) BEST PRACTICE DEVELOPMENT AND SHARING.—
‘‘(1) DISSEMINATION.—Such interagency agreement shall require that the Sec-
retaries disseminate information on the value of programs under the national
apprenticeship system, including relevant placement, retention, and earnings
information, labor market data from the local area, and sector forecasts to de-
termine high-skill, high-wage, or in-demand industry sectors or occupations of
such programs, to local education and training providers, labor organizations,
or joint-labor management organizations (including those representing teach-
ers).
‘‘(2) CLEARINGHOUSE.—Such agreement shall require the Secretaries to create
a clearinghouse of best practices—
‘‘(A) for improving performance and increasing alignment of education
and programs under the national apprenticeship system, including career
pathways; and
‘‘(B) publicly disseminate information and resources on—
‘‘(i) replicable related instruction and on-the-job learning; and
‘‘(ii) how to build an understanding of apprenticeship opportunities
available to students.
‘‘(e) DATA SHARING AGREEMENT.—The Secretaries shall disseminate best practices
for the alignment of education records and records of programs under the national
apprenticeship system, including information on program participants who enroll in,
complete, and receive academic credit for postsecondary coursework while partici-
pating in such a program.
‘‘(f) SECRETARIES DEFINED.—In this section, the term ‘Secretaries’ means the Sec-
retary of Labor and the Secretary of Education.
‘‘Subtitle B—Process and Standards for the
National Apprenticeship System
‘‘SEC. 121. APPRENTICEABLE OCCUPATIONS STANDARDS.
‘‘For an occupation to be an apprenticeable occupation under this Act, a person
seeking approval for such occupation to be an apprenticeable occupation shall sub-
mit an application to the Administrator that demonstrates that such apprenticeable
occupation is in-demand and will prepare individuals for the full range of skills and
competencies needed for such occupation by describing how such apprenticeable oc-
cupation shall—
‘‘(1) meet the industry-recognized occupational standards under section
111(b)(5)(C); or
‘‘(2) involve the progressive attainment of skills, competencies, and knowledge
that are—
‘‘(A) clearly identified and commonly recognized throughout the relevant
industry or occupation;
‘‘(B) customarily learned or enhanced in a practical way through a struc-
tured, systematic program of on-the-job supervised learning and related in-
struction to supplement such learning; and
‘‘(C) offered through a time-based, competency-based, or hybrid model as
described in section 122(b)(1)(E).
‘‘SEC. 122. QUALITY STANDARDS OF PROGRAMS UNDER THE NATIONAL APPRENTICESHIP
SYSTEM.
‘‘(a) IN GENERAL.—The Secretary, acting through the Administrator, shall formu-
late and promote the furtherance of quality standards necessary to safeguard the
welfare of apprentices, pre-apprentices, and youth apprentices.
‘‘(b) APPRENTICESHIP PROGRAM STANDARDS.—In addition to the standards de-
scribed in subsection (e), an apprenticeship program shall meet the following stand-
ards:
‘‘(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 par-
ticipating in the program, including—
‘‘(i) an outline of the work processes or the plan in which the appren-
tice will receive supervised work experience, on-the-job training, and
on-the-job learning;
‘‘(ii) the allocation of the approximate amount of time that will be
spent in each major work process by the apprentice;
‘‘(iii) a description of the mentoring that will be provided to the ap-
prentice; and
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‘‘(iv) a description or timeline explaining the periodic reviews and
evaluations of the apprentice’s performance on the job and in related
instruction.
‘‘(B) A process for maintaining appropriate progress records, including the
reviews and evaluations described in subparagraph (A)(iv).
‘‘(C) A description of the organized related instruction the apprentice will
receive in technical subjects related to the occupation, which—
‘‘(i) for time-based or hybrid apprenticeship programs as described in
paragraph (E), shall include not less than 144 hours for each year of
apprenticeship, unless an alternative requirement is put forth by the
employer and sponsor that reflects industry standards and is accepted
by the registration agency;
‘‘(ii) may be accomplished through classroom instruction, occupational
or industry courses, instruction provided through electronic media, or
other instruction approved by the registration agency;
‘‘(iii) shall be provided by one or more qualified instructors that—
‘‘(I)(aa) meet technical instructor requirements of the applicable
education agency in the State of registration; or
‘‘(bb) are subject matter experts, defined for purposes of this sub-
paragraph as individuals recognized within an industry as having
expertise in a specific occupation; and
‘‘(II) have training in teaching techniques and learning styles, or
will obtain such training before providing the related technical in-
struction; and
‘‘(iv) where appropriate and to the extent practicable, shall be aligned
to a career pathway.
‘‘(D) A progressively increasing, clearly defined schedule of wages to be
paid to the apprentice that is—
‘‘(i) consistent with measurable skill gains; and
‘‘(ii) ensures the entry wage is not less than the greater of—
‘‘(I) the minimum wage required under section 6(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)); or
‘‘(II) the applicable wage required by other applicable Federal or
State laws (including regulations) or collective bargaining agree-
ments.
‘‘(E) The term of the apprenticeship program, which may be measured
using—
‘‘(i) a time-based model, which requires the completion of the indus-
try standard for on-the-job learning hours, which in no case shall be
less than 2,000 hours, unless an alternative requirement is put forth
by the employer and sponsor that reflects industry standards and the
relative hazards of the occupation, and is accepted by the Secretary and
registration agency;
‘‘(ii) a competency-based model, which requires the attainment of
competency in the occupation; or
‘‘(iii) a hybrid model, which blends the time-based and competency-
based approaches.
‘‘(F) The methods used to measure an apprentice’s skills and com-
petencies, which may include an initial diagnostic assessment or assess-
ment of credentials that verify an individual’s foundational knowledge and
skills that would be needed to succeed in an apprenticeship program, and
which shall include—
‘‘(i) in the case of a time-based apprenticeship described in subpara-
graph (E)(i), the individual apprentice’s completion of the required
hours of on-the-job learning as described in a work process schedule;
or
‘‘(ii) in the case of a competency-based model described in subpara-
graph (E)(ii), the individual apprentice’s successful demonstration of ac-
quired skills and knowledge through appropriate means of testing and
evaluation for such competencies, and by requiring apprentices to com-
plete a paid on-the-job learning component of the apprenticeship;
‘‘(iii) in the case of a hybrid apprenticeship described in subpara-
graph (E)(iii), a combination of a specified minimum number of hours
of on-the-job learning and the successful demonstration of competency,
as described in subparagraph (E)(i) and a work process schedule.
‘‘(2) The program equally grants advanced standing or credit to all individuals
applying for the apprenticeship with demonstrated competency or acquired ex-
perience, training, or skills, and provides commensurate wages for any progres-
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23
sion 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 dem-
onstration of competency and measurable skill gains associated with the
particular interim credential.
‘‘(c) PRE-APPRENTICESHIP PROGRAM STANDARDS.—In addition to the standards de-
scribed in subsection (e), a pre-apprenticeship program shall meet the following
standards:
‘‘(1) The program is designed to assist individuals who do not meet minimum
qualifications for an apprenticeship program as described in subsection (b) and
prepare them to enter and succeed in such an apprenticeship programs, includ-
ing by providing the skills and competency attainment needed to enter the ap-
prenticeship program.
‘‘(2) The program—
‘‘(A) is carried out by a sponsor that has a written agreement with at
least one sponsor of an apprenticeship program;
‘‘(B) demonstrates the existence of an active, advisory partnership with
an industry or sector partnership to inform the training and education serv-
ices necessary for a pre-apprenticeship program;
‘‘(C) demonstrates evidence of sufficient demand in an apprenticeship pro-
gram at the completion of a pre-apprenticeship program to support a transi-
tion from a pre-apprenticeship to an apprenticeship; and
‘‘(D) demonstrates partnerships with qualified intermediaries, commu-
nity-based organizations, labor organizations, or joint labor-management or-
ganizations.
‘‘(3) The program includes a written plan developed by the sponsor that is re-
viewed and approved by the sponsor to the agreement with the sponsor of an
apprenticeship program, that—
‘‘(A) provides for work-based learning, and paid work-based learning to
the extent practicable, in which an industry or sector partnership and a re-
lated 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 indus-
try standards for high-skill, high-wage, or in-demand industry sectors and
occupations, and the requirements of the related apprenticeship program;
‘‘(C) to the extent appropriate and practicable, meets the related instruc-
tion requirements as described in clauses (ii) through (iv) of subsection
(b)(1)(C) that includes enabling an individual to attain a secondary school
diploma or its recognized equivalent that enables a pre-apprentice to enter
into an apprenticeship program; and
‘‘(D) includes mentoring, career exposure, career planning, and career
awareness activities.
‘‘(d) YOUTH APPRENTICESHIP PROGRAM STANDARDS.—In addition to the standards
described in subsection (e), a youth apprenticeship program shall meet the following
standards:
‘‘(1) The program is designed for youth apprentices who at the start of the
program are enrolled in high school.
‘‘(2) The program includes each of the following core elements:
‘‘(A) The employment and training to be received by each youth appren-
tice participating in the program, including—
‘‘(i) an outline of the work processes or the plan in which the youth
apprentice will receive supervised work experience and on-the-job train-
ing or in an experiential setting;
‘‘(ii) the allocation of the approximate amount of time that will be
spent in each major work process by the youth apprentice;
‘‘(iii) a description of the mentoring that will be provided to the youth
apprentice; and
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‘‘(iv) a description or timeline explaining the periodic reviews and
evaluations of the youth apprentice’s performance on the job and in re-
lated instruction.
‘‘(B) A process for maintaining appropriate progress records, including the
reviews and evaluations described in subparagraph (A)(iv).
‘‘(C) Related classroom-based instruction, which may be fulfilled through
dual or concurrent enrollment, and—
‘‘(i) is, to the extent practicable, aligned with high school diploma re-
quirements and career clusters; and
‘‘(ii) meets the additional requirements as described in subsection
(b)(1)(C).
‘‘(D) A progressively increasing, clearly defined schedule of wages to be
paid to the youth apprentice.
‘‘(E) The term of the youth apprenticeship program, as described in sub-
section (b)(1)(E).
‘‘(F) For a competency-based or hybrid youth apprenticeship program, the
methods used to measure skill acquisition for a youth apprentice, including
ongoing assessment against established skill and competency standards as
described in subsection (b)(1)(F).
‘‘(G) Prepares the youth apprentice for placement in further education,
employment, or an apprenticeship program.
‘‘(3) The program equally grants advanced standing or credit to all individuals
applying for the youth apprenticeship with demonstrated competency or ac-
quired experience, training, or skills.
‘‘(4) In the case of a youth apprenticeship program that chooses to issue an
interim credential, the program meets the requirements of subsection (b)(4).
‘‘(e) GENERAL REQUIREMENTS.—Each program under the national apprenticeship
system shall meet the following standards:
‘‘(1) The program—
‘‘(A) has adequate and safe equipment, environments, and facilities for
training and supervision;
‘‘(B) provides safety training on-the-job and in related instruction as ap-
plicable by the apprenticeable occupation; and
‘‘(C) provides adequate training for mentors and qualified instructors on
providing a safe work and training environment.
‘‘(2) The program records and maintains all records concerning the program
as may be required by the Secretary, the registration agency of the program,
or any other applicable law, including records required under title 38, United
States Code, in order for veterans and other individuals eligible for educational
assistance under such title to use such assistance for enrollment in the pro-
gram.
‘‘(3) The program provides all individuals with an equal opportunity to partici-
pate in the program as described in subparagraphs (B) and (C) of section
111(b)(7).
‘‘(4) The program awards a certificate of completion in recognition of success-
ful completion of the program, evidenced by an appropriate certificate issued by
the registration agency, and in the case of apprenticeships and youth appren-
ticeships, prepares a program participant to obtain a recognized postsecondary
credential.
‘‘(5) The program provides that an individual who is to become a program par-
ticipant under the program enters into a written apprenticeship agreement de-
scribed in section 123 with the sponsor of the program.
‘‘(6) The numeric ratio of program participants to supervisors (such as
journeyworkers, mentors, or on-the-job learning instructors, as applicable) for
the apprenticeable occupation, that are based on evidence-based and evidence-
informed best practices for supervision, training, safety, and continuity of em-
ployment, throughout the work processes of the program, job site, department,
or plant, appropriate for the degree of hazard in different occupations, and con-
sistent with provisions in collective bargaining agreements, as applicable, except
if such ratios are expressly prohibited by the collective bargaining agreements.
‘‘SEC. 123. APPRENTICESHIP AGREEMENTS.
‘‘(a) IN GENERAL.—To ensure the standards described in section 122 are applied
to programs under the national apprenticeship system, the Administrator shall re-
quire a sponsor to develop an apprenticeship agreement that shall—
‘‘(1) be the same for each program participant;
‘‘(2) contain the names and signatures of the program participant and the
sponsor;
‘‘(3) meet the requirements of subsection (b); and
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25
‘‘(4) be submitted to the registration agency in accordance with section 124
by the program sponsor.
‘‘(b) STANDARDS.—Each agreement under subsection (a) shall contain, explicitly or
by reference, program standards under section 122, including—
‘‘(1) in the case of an apprenticeship program—
‘‘(A) that is time-based, a statement of the number of hours to be spent
by the program participant in on-the-job learning and on-the-job training in
order to complete the program;
‘‘(B) that is competency-based, a description of the skill sets to be at-
tained by completion of the program, including the on-the-job learning and
work components; or
‘‘(C) that is a hybrid model, the minimum number of hours to be spent
by the program participant in on-the-job learning and work components and
in related instruction, and a description of the skill sets and competencies
to be attained by completion of the program;
‘‘(2) the number of hours and form of related instruction, including how re-
lated instruction will be compensated (whether through academic credit, wages,
or both), the costs the program participant will incur costs for participating in
the program (such as for equipment or related instruction), and the recognized
postsecondary credentials the program participants will be eligible to receive
upon program completion;
‘‘(3) a schedule of the work processes in the occupation or industry divisions
in which the program participant is to be trained and the approximate time to
be spent at each process;
‘‘(4) for apprenticeships or youth apprenticeships, the graduated wage scale
to be paid to the apprentices, benefits offered to the apprentices, and how the
wages and benefits compare to State, local, or regional wages in the related oc-
cupation; and
‘‘(5) demonstration of commitment to and compliance with subparagraphs (B)
and (C) of section 111(b)(7).
‘‘SEC. 124. REGISTRATION OF PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM.
‘‘(a) PROGRAM REGISTRATION APPLICATION.—In order to bring together employers
and labor for the formulation of programs under the national apprenticeship system,
the Administrator shall provide for the registration of programs in which a sponsor
applying to register a program under the national apprenticeship system shall re-
quest registration of such program from a registration agency by submitting the in-
formation required by the registration agency, including—
‘‘(1) information demonstrating that each of the requirements of section 122
will be met for the program;
‘‘(2) a copy of the apprenticeship agreement described in section 123 used by
the sponsor;
‘‘(3) a written assurance that, if the program is registered under this Act, the
sponsor will administer the program in accordance with the requirements of
this Act and comply with the requirements of the apprenticeship agreement for
each apprentice; and
‘‘(4) methods for reporting quarterly data describing the outcomes associated
with the program as required by the registration agency.
‘‘(b) RECOGNITION AND REGISTRATION PROCESS.—
‘‘(1) REVIEW AND APPROVAL PROCESS.—
‘‘(A) PROVISIONAL APPROVAL REVIEW.—An application submitted under
subsection (a) that the registration agency determines meets the require-
ments described in such subsection shall be registered for a provisional 1-
year period beginning not later than 30 days after such application is sub-
mitted. 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 pro-
viding provisional approval under subparagraph (A) shall review the pro-
gram 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 deter-
mines that the program complies with the standards and requirements
under this Act, the registration agency shall fully approve the registra-
tion of the program; or
‘‘(ii) if a registration agency conducting a provisional review deter-
mines that the program is not conforming to the requirements or stand-
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26
ards under this Act, the registration agency may continue the provi-
sional registration of the program through the first full training cycle
for program participants, and conduct an additional provisional review
at the conclusion of the training cycle.
‘‘(C) FAILURE TO MEET REQUIREMENTS.—If, after an initial provisional re-
view under subparagraph (A), a registration agency conducting such provi-
sional review determines that the program is not in operation or does not
conform to the requirements under this Act, the registration agency shall
recommend technical assistance and corrective action for the program, or
deregistration, in accordance with procedures established under subsections
(b) and (c) of section 131.
‘‘(2) CERTIFICATE OF REGISTRATION.—
‘‘(A) IN GENERAL.—A registration agency that registers a program under
paragraph (1) shall—
‘‘(i) provide the sponsor of the program with a certificate of registra-
tion or other written evidence of registration; and
‘‘(ii) provide a copy of the certificate of registration to the Secretary
of Veterans Affairs or the applicable State veterans agency for the pur-
pose of aligning the registration process with the process for approving
such program for eligible veterans’ use of supplemental educational as-
sistance 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 indi-
vidual seeking to be a program participant the opportunity to apply through the
sponsor, and shall—
‘‘(A) enter into a written individual apprenticeship agreement described
in section 123 with each such individual before the commencement of the
program; and
‘‘(B) individually register each program participant with the registration
agency by filing a copy of the individual apprenticeship agreement with the
registration agency or as otherwise required by the registration agency, and
sharing a copy with the Administrator as appropriate, as described under
section 123(a)(4).
‘‘(4) TRANSITION PROCESS FOR PREVIOUSLY APPROVED PROGRAMS.—With re-
spect to a program that was registered under this Act as of the day before the
date of enactment of the National Apprenticeship Act of 2020, the registration
agency shall take such steps as necessary to—
‘‘(A) in the case of a program that meets of the requirements of this Act,
maintain the status of the sponsor of the program as of the date before such
date of enactment as the sponsor of such program under this Act; and
‘‘(B) in the case of a program that does not meet the requirements of this
Act, provide technical assistance to the sponsor of such program to ensure
that the sponsor is in compliance with this Act not later than 3 years after
the date of enactment of the National Apprenticeship Act of 2020.
‘‘(c) MODIFICATIONS OR CHANGES TO YOUTH APPRENTICESHIP, PRE-APPRENTICESHIP,
OR APPRENTICESHIP PROGRAMS.—
‘‘(1) SPONSOR PROPOSAL.—Any sponsor that wishes to modify a program, in-
cluding the program’s method of meeting the standards required under this Act,
shall submit the proposal for such change or modification to the registration
agency for the program.
‘‘(2) REGISTRATION AGENCY REQUIREMENTS.—
‘‘(A) IN GENERAL.—The registration agency shall determine whether to
approve the proposal and notify the sponsor of the determination by not
later than 60 days after receipt of the proposal.
‘‘(B) APPROVAL OF PROPOSAL.—If the proposal is approved, the registra-
tion agency shall amend the record of the program to reflect the modifica-
tion or change, and provide the sponsor or program administrator with an
acknowledgment of the amended program, by not later than 30 days after
the date of approval.
‘‘(C) DISAPPROVAL OF PROPOSAL.—If the proposal is not approved, the reg-
istration agency shall—
‘‘(i) notify the sponsor of the reasons for the disapproval and provide
the sponsor with technical assistance to maintain the program as origi-
nally registered;
‘‘(ii) provide the sponsor with the opportunity to submit a revised
modification proposal, including providing appropriate technical assist-
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ance to modify the proposal in order to meet the requirements of this
Act; and
‘‘(iii) in a case in which the sponsor submits a revised modification
proposal, not later than 60 days after receipt of such proposal—
‘‘(I) approve the proposal; or
‘‘(II) disapprove the proposal and provide the sponsor with tech-
nical assistance to maintain the program as originally registered.
‘‘Subtitle C—Evaluations and Research
‘‘SEC. 131. PROGRAM EVALUATIONS.
‘‘(a) PURPOSE.—The purpose of this section is to provide program performance
transparency across the programs under the national apprenticeship system, assess
the effectiveness of States in achieving positive outcomes for program participants
served by those programs, and establish performance accountability measures re-
lated to program completion and key indicators of performance under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
‘‘(b) REVIEWS BY REGISTRATION AGENCIES.—
‘‘(1) PERFORMANCE REVIEWS.—
‘‘(A) IN GENERAL.—A registration agency shall—
‘‘(i) annually collect performance data for each program registered
under section 124 by such agency to determine—
‘‘(I) the performance of the program with respect to the indica-
tors of performance under section 116(b)(2)(A)(i) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i) or in
the case of a youth apprenticeship program, section 116(b)(2)(A)(ii))
of such Act (29 U.S.C. 3141(b)(2)(A)(ii)), as applied to programs
under the national apprenticeship system; and
‘‘(II) the completion rates of the program; and
‘‘(ii) provide technical assistance for the collection of the information
under clause (i) of this subparagraph and subparagraph (B), as nec-
essary.
‘‘(B) REPORTS.—The registration agency for a State shall annually pre-
pare and submit to the Administrator a State performance report that in-
cludes the following information with respect to each program registered
under section 124 by such agency, including—
‘‘(i) information specifying the levels of performance described in sub-
paragraph (A), as compared to goals set in section 113(c)(8)(A)(i);
‘‘(ii) the percentage of program participants by race, sex ethnicity
and, to the extent practicable, by individuals with disabilities, as com-
pared to such percentages within the working age population who are
in the geographical area from which the sponsor usually seeks or rea-
sonably could seek program participants and who meet the minimum
eligibility requirements for entry into in the program;
‘‘(iii) the percentage of program participants served by each of the
programs that obtained unsubsidized employment in a field related to
the apprenticeable occupation;
‘‘(iv) the average time to completion for the program as compared to
the description in the agreement under paragraphs (1) and (2) of sec-
tion 123(b);
‘‘(v) the average cost per participant during the most recent program
year and the 3 preceding program years;
‘‘(vi) the percentage of program participants who received supportive
services;
‘‘(vii) information on the State’s activities required under section
113(c), including the State’s uses of funds; and
‘‘(viii) the disaggregation of the performance data described in clauses
(i) through (vi)—
‘‘(I) by the program type (apprenticeship, youth apprenticeship,
or pre-apprenticeship program) involved; and
‘‘(II) by race, ethnicity, sex, age, and membership in a population
specified in section 3(24) of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3102(24)).
‘‘(C) REPORTS TO CONGRESS.—Not later than 60 days after receiving a re-
port under subparagraph (B), the Secretary shall transmit to the Com-
mittee on Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate.
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‘‘(D) PUBLICATION.—The Administrator shall annually make available on
a publicly accessible website each report received under subparagraph (B)
not later than 30 days after receipt of such report.
‘‘(2) COMPREHENSIVE PROGRAM REVIEWS.—
‘‘(A) IN GENERAL.—A registration agency shall periodically review each
program registered under section 124 by such agency for quality assurance
and compliance with the requirements of this Act.
‘‘(B) TIMING OF REVIEWS.—A review described in subparagraph (A) shall
occur—
‘‘(i) at the end of the first full training cycle of program participants
under the program; and
‘‘(ii) beginning after the review described in clause (i) at least once
every 5 years.
‘‘(C) REVIEW.—The review shall be a comprehensive review regarding all
aspects of the program performance, including—
‘‘(i) determining whether the registration agency is receiving notifica-
tion from the sponsor of a program regarding individuals who are reg-
istered as new youth apprentices, pre-apprentices, or apprentices under
the program, or who successfully complete the program, as required
under this Act;
‘‘(ii) determining whether the sponsor of the program is complying
with the requirements of this Act;
‘‘(iii) evaluating the performance of the sponsor with respect to, at a
minimum, the indicators described in paragraph (1)(A)(i), with the per-
formance data disaggregated as described in paragraph (1)(B)(viii); and
‘‘(iv) ensuring the sponsor’s compliance with the requirement to pro-
vide equal opportunity in recruitment, training, and employment as de-
scribed in subparagraphs (B) and (C) of section 111(b)(7).
‘‘(D) REPORTS.—On completion of a review under this paragraph, the reg-
istration agency shall prepare and submit to the Administrator a report
containing the results of the review.
‘‘(c) SUBSEQUENT ACTION.—
‘‘(1) TECHNICAL ASSISTANCE.—The registration agency shall provide technical
assistance to the sponsor and identify areas that require technical assistance,
including—
‘‘(A) to support the sponsor in creating a plan to meet the State goals de-
scribed in section 113(c)(8)(A)(ii), as applicable; and
‘‘(B) assistance in the development of a performance improvement plan if
the registration agency determines, pursuant to any review under sub-
section (b), that the youth apprenticeship, pre-apprenticeship, or appren-
ticeship program—
‘‘(i) is not in operation;
‘‘(ii) is not in compliance with the requirements of this Act; or
‘‘(iii) is achieving levels of performance on any indicators described in
subsection (b)(1)(A)(i) that are lower than the State goals for any pro-
gram year.
‘‘(2) CORRECTIVE ACTION AND DEREGISTRATION OF AN APPRENTICESHIP PRO-
GRAM.—The registration agency may take corrective action, and if warranted,
deregister a youth apprenticeship, pre-apprenticeship, or apprenticeship pro-
gram, after making a determination that the program demonstrates persistent
and significant failure to perform successfully, which occurs when—
‘‘(A) the sponsor of the program consistently fails to register at least 1
program participant;
‘‘(B) the program shows a pattern of poor results on the indicators de-
scribed in subsection (b)(1)(A)(i) over a period of 3 years, given the charac-
teristics 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 identi-
fied 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 deter-
mination described in paragraph (2), the registration agency shall notify the
Secretary and the sponsor of the determination in writing, and permit the spon-
sor to request a hearing by the Office of Administrative Law Judges. The reg-
istration agency shall transmit to the Secretary a report containing all pertinent
facts and circumstances concerning the determination, including findings and a
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recommendation for deregistration, and copies of all relevant documents and
records. If the sponsor does not request the hearing not later than 15 days after
receiving such notification, the registration agency shall deregister the program
after the period for requesting such a hearing has expired.
‘‘(4) NOTIFICATION AND TREATMENT OF APPRENTICES.—Not later than 15 days
after the registration agency deregisters a program, the sponsor or program ad-
ministrator shall notify program participant—
‘‘(A) of such deregistration and the effective date;
‘‘(B) that such deregistration automatically deprives the program partici-
pant of individual registration as part of such youth apprenticeship, pre-ap-
prenticeship, or apprenticeship program, including the ability to receive a
certificate of completion from the registration agency;
‘‘(C) that the deregistration of the program removes the program partici-
pant from eligibility for any Federal financial or other assistance, or rights,
privileges, or exemptions under Federal law, that—
‘‘(i) relates to an apprentice; and
‘‘(ii) requires the registration agency’s approval; and
‘‘(D) that all youth apprentices, pre-apprentices, or apprentices are re-
ferred to the registration agency for information about potential transfers
to other programs under the national apprenticeship system.
‘‘SEC. 132. NATIONAL APPRENTICESHIP SYSTEM RESEARCH.
‘‘(a) RESEARCH.—The Secretary shall conduct, through an independent entity, re-
search for the purpose of improving the management and effectiveness of the pro-
grams and activities carried out under this Act and to assist in the evaluation of
the programs as described in section 131.
‘‘(b) TECHNIQUES.—The research conducted under this section shall utilize appro-
priate methodology and research designs.
‘‘(c) CONTENTS.—Such research shall address—
‘‘(1) the general effectiveness of such programs and activities in relation to
their cost, including the extent to which the programs and activities—
‘‘(A) improve the skill and employment competencies of participants in
comparison to comparably-situated individuals who did not participate in
such programs and activities;
‘‘(B) to the extent feasible, increase the levels of total employment, of at-
tainment 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 occupa-
tions; and
‘‘(D) demonstrate a return on investment of Federal, State, local, sponsor,
employer, and other funding for programs under the national apprentice-
ship system, capturing the full level of investment in, and impact of, such
programs under the national apprenticeship system;
‘‘(2) the impact of the National Apprenticeship Act of 2020 on the general ef-
fectiveness of programs under the national apprenticeship system, including the
implementation of policies such as dual or concurrent enrollment programs, ad-
vanced standing, or industry recognized apprenticeable occupations;
‘‘(3) best practices in increasing nontraditional apprenticeship populations’
participation in programs under the national apprenticeship system; and
‘‘(4) opportunities to scale up effective models under the national apprentice-
ship system.
‘‘(d) REPORTS.—
‘‘(1) INDEPENDENT ENTITY.—The independent entity carrying out the research
shall prepare and submit to the Secretary—
‘‘(A) an interim report containing findings from the research; and
‘‘(B) a final report containing the results of the research, including policy
recommendations.
‘‘(2) REPORTS TO CONGRESS.—Not later than 60 days after receipt of the in-
terim report and final report described in subparagraphs (A) and (B) of para-
graph (1), respectively, the Secretary shall submit each report to the Committee
on Education and Labor of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate.
‘‘(e) PUBLIC ACCESS.—The Secretary shall make the interim and final reports
available on a publicly accessible website not later than 60 days after the receipt
of the interim and final report.
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‘‘Subtitle D—General Provisions
‘‘SEC. 141. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) OFFICE OF APPRENTICESHIP.—There are authorized to be appropriated to
carry out sections 111 and 112—
‘‘(1) $50,000,000 for fiscal year 2021;
‘‘(2) $60,000,000 for fiscal year 2022;
‘‘(3) $70,000,000 for fiscal year 2023;
‘‘(4) $80,000,000 for fiscal year 2024; and
‘‘(5) $90,000,000 for fiscal year 2025.
‘‘(b) INTERAGENCY AGREEMENT.—There are authorized to be appropriated to carry
out section 114—
‘‘(1) $10,000,000 for fiscal year 2021;
‘‘(2) $12,000,000 for fiscal year 2022;
‘‘(3) $14,000,000 for fiscal year 2023;
‘‘(4) $16,000,000 for fiscal year 2024; and
‘‘(5) $18,000,000 for fiscal year 2025.
‘‘TITLE II—MODERNIZING THE NATIONAL AP-
PRENTICESHIP SYSTEM FOR THE 21ST CEN-
TURY GRANTS
‘‘SEC. 201. GRANT REQUIREMENTS.
‘‘(a) AUTHORITY.—
‘‘(1) IN GENERAL.—The Administrator shall award grants, contracts, or cooper-
ative agreements to eligible entities on a competitive basis for one or more of
the following purposes:
‘‘(A) CREATION AND EXPANSION ACTIVITIES.—To expand the offerings of
programs under the national apprenticeship system—
‘‘(i) to create new apprenticeship programs in a nontraditional ap-
prenticeship industry or occupation, such as for programs dem-
onstrating demand in information technology, energy, green jobs, ad-
vanced manufacturing, health care, or cybersecurity;
‘‘(ii) to expand existing apprenticeship programs demonstrating labor
market demand;
‘‘(iii) to create new or expand existing pre-apprenticeship programs;
or
‘‘(iv) to create new or expand existing youth apprenticeship programs.
‘‘(B) ENCOURAGING EMPLOYER PARTICIPATION.—To encourage employer
participation in programs under the national apprenticeship system—
‘‘(i) that target individuals with barriers to employment in youth ap-
prenticeship, pre-apprenticeship, or apprenticeship programs,
prioritizing nontraditional apprenticeship populations such as women,
minorities, long-term unemployed, individuals with a disability, individ-
uals with substance abuse issues, veterans, military spouses, individ-
uals experiencing homelessness, individuals impacted by the criminal
or juvenile justice system, and foster and former foster youth;
‘‘(ii) that are in high-need social service-related industries, sectors, or
occupations, such as direct care workers and early childhood educators;
‘‘(iii) that target individuals currently or recently incarcerated; or
‘‘(iv) among small- and medium-sized employers.
‘‘(C) INTERMEDIARY GRANTS.—If the eligible entity is a qualified inter-
mediary—
‘‘(i) to support national industry and equity intermediaries in estab-
lishing 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 tech-
nology, cyber security, health care, insurance and finance, energy,
hospitality, retail, construction, and other sectors identified by the
Administrator and the Advisory Committee as targeted for expan-
sion under the national apprenticeship system; or
‘‘(II) for nontraditional apprenticeship populations, women, mi-
norities, individuals with disabilities, and individuals impacted by
the criminal or juvenile justice system; or
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‘‘(ii) to serve programs under the national apprenticeship system in
a local or regional setting.
‘‘(D) EDUCATIONAL ALIGNMENT.—To strengthen alignment between pro-
grams under the national apprenticeship system and education and train-
ing providers with secondary and postsecondary education systems, includ-
ing degree and credential requirements.
‘‘(2) DURATION.—
‘‘(A) IN GENERAL.—The Administrator shall award grants under this sub-
section for a period of not more than 3 years.
‘‘(B) EXTENSION.—The eligible entity may apply for, and the Adminis-
trator may grant, an extension of the grant period for not more than 1 addi-
tional 2-year period, if the grant recipient demonstrates to the Adminis-
trator that the recipient—
‘‘(i) has effectively implemented a project to achieve its stated pur-
pose as described in subsections (e) and (f);
‘‘(ii) has complied with the assurances as described in subsection
(e)(9); and
‘‘(iii) has improved applicable outcomes, as demonstrated through in-
dicators referred to in section 203(a)(2).
‘‘(b) FUNDING REQUIREMENTS.—
‘‘(1) MATCHING FUNDS REQUIRED.—The Administrator shall require, as a con-
dition of receipt of funds under this section, an eligible entity to match funds
awarded under this section in an amount not less than 25 percent of the funds
awarded to such recipient under this section. Such eligible entity may make the
matching funds available directly or through donations from non-Federal, pub-
lic, or private organizations, in cash or in kind, fairly evaluated.
‘‘(2) WAIVER.—The Administrator may waive the requirement under para-
graph (1) if the entity demonstrates that exceptional circumstances prevent the
entity from meeting the requirement, such as demonstrating that the entity
serves a high proportion of individuals with barriers to employment, or due to
exceptional or uncontrollable circumstances, such as a natural disaster or a pre-
cipitous and unforeseen decline in the financial resources of the eligible entity.
‘‘(c) PRIORITY AND DISTRIBUTION.—
‘‘(1) PRIORITY.—In awarding grants under this section, the Administrator
shall give priority to an eligible entity—
‘‘(A) proposing to serve a high number or high percentage of participants
who are from nontraditional apprenticeship populations; and
‘‘(B) providing opportunities in high-wage, high-skill, or in-demand sec-
tors and occupations.
‘‘(2) GEOGRAPHIC DISTRIBUTION.—In awarding grants under this subsection,
the Administrator shall, to the extent practicable, ensure a geographically di-
verse distribution of grants, including a geographically diverse distribution
among regions of the country and among urban, suburban, and rural areas.
‘‘(d) ELIGIBLE ENTITY.—To be eligible to apply for grants under this title, an eligi-
ble entity shall—
‘‘(1) demonstrate a partnership with two or more of the following:
‘‘(A) a State or local workforce development board or State or local work-
force agency;
‘‘(B) an education and training provider, or a consortium thereof;
‘‘(C) a State apprenticeship agency;
‘‘(D) an Indian Tribe or Tribal organization;
‘‘(E) an industry or sector partnership, a group of employers, a trade asso-
ciation, or a professional association that sponsors or participates in a pro-
gram under the national apprenticeship system;
‘‘(F) a Governor;
‘‘(G) a labor organization or joint-labor management organization;
‘‘(H) community-based organizations that assist program participants in
accessing supportive services; or
‘‘(I) a qualified intermediary; and
‘‘(2) to the extent practicable, be part of an industry or sector partnership.
‘‘(e) GENERAL APPLICATION REQUIREMENTS.—An eligible entity applying for a
grant under this section shall submit to the Administrator a description of each of
the following:
‘‘(1) Each purpose under subsection (a) for which the applicant intends to use
such grant.
‘‘(2) Each entity with which the eligible entity is partnered or engaged under
subsection (d) and the role of each such entity in carrying out activities funded
under this subsection.
‘‘(3) The ability of the applicant, directly or through partners—
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‘‘(A) to enroll, instruct, advance, and graduate program participants
served by the grant activities, and enable the participants to gain employ-
ment after program completion;
‘‘(B) to support (including by providing technical assistance) program
sponsors and employers (especially small- and medium-sized businesses) in
the creation of, recruitment for, and execution of programs under the na-
tional apprenticeship system; and
‘‘(C) to provide opportunities to rural communities, as applicable.
‘‘(4) A labor market analysis with respect to the geographic area of service
that demonstrates—
‘‘(A) the need to create or expand the program; and
‘‘(B) a plan to align the activities supported by the grant with the labor
market needs of high-skill, high-wage, or in-demand industry sectors or oc-
cupations.
‘‘(5) A plan—
‘‘(A) to comply with requirements for an evaluation and report under sec-
tion 203;
‘‘(B) as appropriate, to coordinate activities assisted under the grant with
activities carried out under the Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.), the Workforce Innovation and Opportunity
Act (29 U.S.C. 3101 et seq.), and any related Federal programs and if ap-
propriate, how funds provided under these programs will be leveraged in
support of the programs supported by this grant;
‘‘(C) to use funds awarded under this section in support of the programs
supported by this grant, as described in section 202;
‘‘(D) to continue the program after the grant period ends; and
‘‘(E) to recruit and retain program participants for pre-apprenticeship,
youth apprenticeship, and apprenticeship programs, including from non-
traditional apprenticeship populations, such as women, minorities, individ-
uals with disabilities, individuals impacted by the criminal or juvenile jus-
tice system, and individuals with barriers to employment, to ensure pro-
gram participants are able to access supportive services, as applicable, and
how such plan will support the eligible entity in meeting the equal oppor-
tunity requirements for diversity described in subparagraphs (B) and (C) of
section 111(b)(7) and section 113(c)(5), as applicable.
‘‘(6) For any grants expanding existing programs under the national appren-
ticeship system, a description of—
‘‘(A) a plan to coordinate the activities carried out under the grant with
the existing program; and
‘‘(B) the effectiveness of the program, including demonstrations of pro-
grammatic components such as program costs to employers and to program
participants, completion and placement rates, credential attainment, diver-
sity in populations served, the effectiveness of the program in increasing
participant’s wages and benefits, or services provided to employers and pro-
gram participants.
‘‘(7) A description of potential program participants and strategies to support
the recruitment, retention, and completion of such participants, including non-
traditional apprenticeship populations and individuals with barriers to employ-
ment, to the extent practicable.
‘‘(8) A description of strategies to recruit and support employers involved in
programs under the national apprenticeship system.
‘‘(9) An assurance that the eligible entity will—
‘‘(A) provide information to the Administrator, as requested, for any such
evaluations as the Administrator may carry out;
‘‘(B) make program performance outcome data available (in accordance
with applicable data privacy laws, including section 444 of the General
Education Provisions Act (20 U.S.C. 1232g) and section 4 of this Act) to
independent evaluators to enable the evaluators to prepare the evaluations
and research reports described in section 203(a)(1); and
‘‘(C) coordinate grant activities with a State Apprenticeship Agency, if
such agency exists in the State where the eligible entity is applying for a
grant or carrying out activities.
‘‘(f) ADDITIONAL APPLICATION REQUIREMENTS.—The Administrator shall require an
eligible entity applying for a grant under this title to include as part of their appli-
cation in subsection (e) the following information, as applicable:
‘‘(1) CREATION AND EXPANSION ACTIVITIES.—
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‘‘(A) NEW APPRENTICESHIP PROGRAMS.—An eligible entity applying to cre-
ate new apprenticeship programs and carry out activities in accordance
with subsection (a)(1)(A)(i) shall include as part of their application a de-
scription of—
‘‘(i) any plans for further expansion upon development of the pro-
gram; and
‘‘(ii) employers, and to the extent practicable, labor organizations or
joint labor-management organizations, engaged in the program creation
and implementation.
‘‘(B) EXPANDING APPRENTICESHIP PROGRAMS.—An eligible entity applying
to expand existing apprenticeship programs and carry out activities in ac-
cordance with subsection (a)(1)(A)(ii) shall include as part of their applica-
tion a description of employers engaged in the program expansion.
‘‘(C) CREATING OR EXPANDING PRE-APPRENTICESHIP PROGRAMS.—An eligi-
ble entity applying to create or expand pre-apprenticeship programs and
carry out activities in accordance with subsection (a)(1)(A)(iii) shall include
as part of their application a description of—
‘‘(i) a partnership between the eligible entity and at least one appren-
ticeship program; and
‘‘(ii) existing partnerships with employers acting in either an advisory
capacity or actively participating in the pre-apprenticeship program.
‘‘(D) CREATING OR EXPANDING YOUTH APPRENTICESHIP PROGRAMS.—An eli-
gible entity applying to create or expand youth apprenticeship programs
and carry out activities in accordance with subsection (a)(1)(A)(iv) shall in-
clude as part of their application a description of—
‘‘(i) an existing partnership with at least one high school offering re-
lated instruction for the youth apprenticeship program, with existing
integration into the academic content of the high school diploma re-
quirements, or with demonstrated plans for integration of related in-
struction into the high school curriculum; and
‘‘(ii) existing partnerships with employers acting in either an advisory
capacity or actively participating in the youth apprenticeship program.
‘‘(2) ENCOURAGING EMPLOYER PARTICIPATION.—
‘‘(A) INDIVIDUALS WITH BARRIERS TO EMPLOYMENT.—An eligible entity ap-
plying to target individuals with barriers to employment for apprenticeship,
youth apprenticeship, or pre-apprenticeship programs and carry out activi-
ties in accordance with subsection (a)(1)(B)(i) shall include as part of their
application a description of—
‘‘(i) specific strategies to target both individuals with barriers to em-
ployment and employers for participation in the program; and
‘‘(ii) partnerships with organizations that assist program participants
in accessing supportive services to support recruitment, retention, and
completion of the program by program participants.
‘‘(B) HIGH-NEED SOCIAL SERVICE-RELATED INDUSTRIES.—An eligible entity
applying to offer pre-apprenticeship, youth apprenticeship, or apprentice-
ship programs in high-need social service-related industries, sectors, or oc-
cupations and carry out activities in accordance with subsection (a)(1)(B)(ii)
shall include as part of their application a description of wages and benefits
offered to program participants.
‘‘(C) INDIVIDUALS CURRENTLY OR RECENTLY INCARCERATED.—An eligible
entity applying to target individuals currently or recently incarcerated and
establish or carry out pre-apprenticeship programs and apprenticeship pro-
grams in accordance with subsection (a)(1)(B)(iii) shall include as part of
their application a description of—
‘‘(i) a plan to assist the program participants in obtaining the docu-
mentation and work authorization necessary to participate in such pro-
gram;
‘‘(ii) partnerships with organizations that will assist program partici-
pants in accessing activities to improve financial literacy and sup-
portive services;
‘‘(iii) how the assessments used to support the placement of potential
program participants into a program accurately reflect the participants’
skills and competencies;
‘‘(iv) a plan to provide information about resources to program par-
ticipants to address mental health or substance abuse issues;
‘‘(v) partnerships with organizations that support—
‘‘(I) the transition from incarceration to re-entry, such as assist-
ance with housing, transportation, and legal services; and
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‘‘(II) successful completion of an apprenticeship or pre-appren-
ticeship program;
‘‘(vi) wages and benefits offered to program participants that are com-
mensurate with wages for similar work in the State or local area, as
allowable; and
‘‘(vii) alignment and necessary supports to comply with and receive
the benefits of the Federal Bonding Program and the Prison Industry
Enhancement Certification Program for employers participating in ap-
prenticeship programs.
‘‘(D) SMALL- AND MEDIUM-SIZED EMPLOYERS.—An eligible entity applying
to engage small- and medium-sized employers and carry out activities in ac-
cordance with subsection (a)(1)(B)(iv) shall include as part of their applica-
tion a description of demonstrated success in engaging small- and medium-
sized employers and the ability to recruit new employers to participate in
related partnerships or programs, such as small businesses owned or con-
trolled by women, minorities, or veterans.
‘‘(3) INTERMEDIARY GRANTS.—
‘‘(A) SUPPORTING NATIONAL INDUSTRY AND EQUITY INTERMEDIARIES.—An
eligible entity applying to carry out activities in accordance with subsection
(a)(1)(C)(i) shall include as part of their application a description of the abil-
ity of such entity to convene a diverse group of industry specific stake-
holders for the purposes of developing or expanding programs, including
employers, workforce development organizations, industry associations,
labor groups (including joint labor-management organizations), and edu-
cation and training providers at a national level or with national reach.
‘‘(B) SERVING PROGRAMS IN A LOCAL OR REGIONAL SETTING.—An eligible
entity applying to carry out activities in accordance with subsection
(a)(1)(C)(ii) shall include as part of their application a description of how
such entity will—
‘‘(i) engage employers, especially small- and medium-sized businesses,
in the formation or ongoing development of industry or sector partner-
ships and programs in the national apprenticeship system;
‘‘(ii) identify the industry or sector partnerships that will be served,
and demonstrate alignment to high-skill, high-wage, or in-demand in-
dustry sectors or occupations;
‘‘(iii) leverage additional resources, including funding provided by
Federal and non-Federal resources; and
‘‘(iv) provide services to program sponsors and program participants.
‘‘(4) EDUCATIONAL ALIGNMENT.—An eligible entity applying to carry out activi-
ties in accordance with subsection (a)(1)(D) shall include as part of their appli-
cation a description of—
‘‘(A) a demonstration of a partnership with—
‘‘(i)(I) no less than three sponsors or employers; or
‘‘(II) an industry or sector partnership; and
‘‘(ii) at least 1 of the following—
‘‘(I) an educational service agency;
‘‘(II) a high school;
‘‘(III) a local educational agency;
‘‘(IV) State educational agency;
‘‘(V) an Indian Tribe, Tribal organization, Tribal educational
agency, Tribally controlled college or university, or Tribally con-
trolled postsecondary career and technical institution, as applica-
ble;
‘‘(VI) a postsecondary educational institution; or
‘‘(VII) a State higher education agency; and
‘‘(B) a commitment to establishing or expanding the alignment of the re-
lated instruction to—
‘‘(i) the requirements for a high school diploma, which may be ful-
filled through a dual or concurrent enrollment program; or
‘‘(ii) the requirements for a recognized postsecondary credential, in-
cluding the degree requirements for an associate’s or bachelor’s degree.
‘‘SEC. 202. USES OF FUNDS.
‘‘(a) GENERAL ACTIVITIES.—An eligible entity applying for any grant activity under
section 201(a)(1)—
‘‘(1) shall use at least 5 percent of the grant funds to provide direct financial
assistance to apprentices, pre-apprentices, or youth apprentices through emer-
gency grants to support their financial needs to enter, remain enrolled in, and
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complete such program, such as support for the related costs of supplies and
equipment, courses, transportation, child care, and housing; and
‘‘(2) may use funds for any of the following activities:
‘‘(A) To establish or expand partnerships with organizations that provide
program participants access to financial planning, mentoring, and sup-
portive services that are necessary to enable an individual to participate in
and complete a program under the national apprenticeship system.
‘‘(B) To conduct outreach and recruitment activities, including assess-
ments of potential participants for, and enrollment of participants in, a pro-
gram under the national apprenticeship system.
‘‘(C) To conduct outreach, engagement, recruitment, and coordination of
activities with employers, industry associations, labor and joint labor-man-
agement organizations, qualified intermediaries, education and training
providers, State or local workforce agencies, potential sponsors, community-
based organizations, communities with high numbers or percentages of non-
traditional apprenticeship populations, small- and medium-sized busi-
nesses, or rural communities to establish or expand industry or sector part-
nerships and opportunities under the national apprenticeship system.
‘‘(D) To carry out grant requirements, including program evaluation and
reporting requirements.
‘‘(E) To conduct any activities as described in the application that would
advance the purposes of the grant.
‘‘(F) To support the transition to virtual or remote learning or training,
as necessary and as approved by the registration agency.
‘‘(b) ADDITIONAL USES OF FUNDS.—
‘‘(1) CREATION OR EXPANSION ACTIVITIES.—
‘‘(A) APPRENTICESHIP PROGRAM CREATION.—An eligible entity that re-
ceives funds under section 201(a)(1)(A)(i) shall use such funding to create
and implement an apprenticeship program, which may include—
‘‘(i) creating and providing training and related instruction based on
employer engagement;
‘‘(ii) applying apprenticeship frameworks as described in section
111(b)(5)(C) to the State or local labor market and employer needs; or
‘‘(iii) aligning the new program with existing apprenticeship pro-
grams.
‘‘(B) APPRENTICESHIP PROGRAM EXPANSION.—An eligible entity that re-
ceives funds under section 201(a)(1)(A)(ii) shall use such funds to expand
an existing apprenticeship program, which may include—
‘‘(i) expanding and enhancing related instruction;
‘‘(ii) conducting outreach to and engagement with employers for the
purposes of program expansion, including creation of new or expansion
of existing industry or sector partnerships;
‘‘(iii) preparing additional instructors or mentors needed for program
expansion;
‘‘(iv) building awareness of apprenticeship program opportunities for
State or local workforce development, education, and economic develop-
ment entities; and
‘‘(v) providing commensurate wages to wages for on-the-job training
for program participants during related instruction, as applicable.
‘‘(C) PRE-APPRENTICESHIP PROGRAMS.—An eligible entity that receives
funds under section 201(a)(1)(A)(iii) shall use such funds to create a new
pre-apprenticeship program or expand an existing pre-apprenticeship pro-
gram, which may include—
‘‘(i) coordinating pre-apprenticeship program activities with an ap-
prenticeship program in a high-skill, high-wage, or in-demand industry
sector or occupation, including the creation or expansion of work-based
learning opportunities, and articulation agreements for those who suc-
cessfully complete a pre-apprenticeship to earn academic credit and en-
roll in an apprenticeship program;
‘‘(ii) creating, expanding, or integrating related instruction and work-
based learning, which may include training in the workplace and sup-
porting partnerships to create opportunities for pre-apprentices to earn
credit at a postsecondary educational institution for skills and com-
petencies acquired during the pre-apprenticeship program;
‘‘(iii) providing participants with career exploration and career plan-
ning activities and with exploration of postsecondary opportunities in-
cluding apprenticeship programs;
‘‘(iv) with respect to participants without a high school diploma or a
generally recognized equivalent, paying the costs affiliated with acquir-
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ing such equivalent, and the costs of any related assessments of poten-
tial pre-apprentices or active pre-apprentices, including those that
would verify the attainment of foundational knowledge and skills nec-
essary to succeed in an apprenticeship program;
‘‘(v) development or expansion of partnerships with organizations
that assist program participants in accessing supportive services, which
may include the 12-month period after the conclusion of a pre-appren-
ticeship program;
‘‘(vi) providing commensurate wages to the linked apprenticeship pro-
gram for pre-apprentices as they participate in and complete the pre-
apprenticeship program, as appropriate;
‘‘(vii) paying the cost of related instruction associated with the pre-
apprenticeship program, as appropriate; or
‘‘(viii) creating or expanding industry or sector partnerships to sup-
port the pre-apprenticeship program and to provide additional opportu-
nities to the pre-apprentices.
‘‘(D) YOUTH APPRENTICESHIP PROGRAMS.—An eligible entity that receives
funds under section 201(a)(1)(A)(iv) shall use such funds to create a new
youth apprenticeship program or expand an existing youth apprenticeship
program, which may include—
‘‘(i) paying for the costs associated with curriculum development and
alignment of that curriculum with recognized postsecondary credentials
including industry-recognized credentials, high school graduation re-
quirements, and related instruction, including curriculum development
for dual or concurrent enrollment;
‘‘(ii) providing employers, and to the extent practicable, labor organi-
zations and joint labor management organizations, technical assistance
to support the participation of youth apprentices under the age of 18;
‘‘(iii) integrating work-based and academic learning, which may in-
clude training in the workplace;
‘‘(iv) providing career exploration and career planning activities, in-
cluding exploration of postsecondary opportunities such as apprentice-
ship programs;
‘‘(v) providing technical assistance to support the participation of
small- and medium-sized businesses in youth apprenticeship programs;
‘‘(vi) developing or expanding partnerships with organizations that
assist program participants in accessing supportive services, which may
include the 12-month period after the conclusion of such a youth ap-
prenticeship program; or
‘‘(vii) providing teachers, career guidance and academic counselors,
school leaders, administrators, specialized instructional support per-
sonnel, and paraprofessionals with professional development opportuni-
ties to build an understanding of apprenticeship opportunities available
to students, including experiential opportunities like externships.
‘‘(2) INCENTIVE FUNDS.—
‘‘(A) BARRIERS TO EMPLOYMENT.—An eligible entity that receives funds
under section 201(a)(1)(B)(i) shall use such funds to encourage employer
participation in programs under the national apprenticeship system that
target individuals with barriers to employment, which may include—
‘‘(i) providing financial assistance to employers to support costs re-
lated to the programs, such as training incumbent workers for partici-
pation as mentors or employees supervising the on-the-job learning;
‘‘(ii) supporting the cost of related instruction or wages for program
participants during related instruction; and
‘‘(iii) establishing or expanding partnerships with organizations that
assist program participants in accessing supportive services to support
recruitment, retention, and completion, including providing supplies
and equipment necessary to begin a program under the national ap-
prenticeship system.
‘‘(B) HIGH-NEED SOCIAL SERVICE-RELATED INDUSTRIES.—An eligible entity
that receives funds under section 201(a)(1)(B)(ii) shall use such funds to
incentivize employer participation in programs under the national appren-
ticeship system in high need social service-related industries, sectors, or oc-
cupations, which may include—
‘‘(i) providing financial assistance to employers to support costs re-
lated to the program, such as training incumbent workers as mentors,
or employees providing on-the-job training;
‘‘(ii) supporting the cost of related instruction or wages for program
participants during related instruction;
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‘‘(iii) establishing or expanding partnerships with organizations that
assist program participants in accessing supportive services to support
recruitment, retention, and completion, including providing supplies
and equipment necessary to begin a program under the national ap-
prenticeship system; or
‘‘(iv) aligning such program with career pathways and opportunities
for advancement along such career pathways.
‘‘(C) INDIVIDUALS IMPACTED BY THE JUSTICE SYSTEM.—An eligible entity
that receives funds under section 201(a)(1)(B)(iii) shall use such funds to
incentivize employer participation in programs under the national appren-
ticeship system that target individuals impacted by the criminal or juvenile
justice system, which may include—
‘‘(i) providing financial assistance to employers to support costs re-
lated to the program, such as training incumbent workers as mentors
or employees supervising the on-the-job learning; or
‘‘(ii) supporting the cost of related instruction or wages for program
participants during related instruction.
‘‘(D) IN-DEMAND INDUSTRY SECTOR OR OCCUPATION GRANTS FOR SMALL-
AND MEDIUM-SIZED BUSINESSES.— An eligible entity that receives funds
under section 201(a)(1)(B)(iv) shall use such funds to encourage participa-
tion of small- and medium-sized businesses in programs under the national
apprenticeship system, which may include—
‘‘(i) providing financial assistance to employers to support costs re-
lated to the program, such as training incumbent workers as mentors
or employees supervising the on-the-job learning;
‘‘(ii) supporting the cost of related instruction or wages for program
participants during related instruction;
‘‘(iii) providing technical assistance to small- and medium-sized busi-
nesses on the program registration process and leveraging other avail-
able funds to support carrying out programs supported by this grant;
or
‘‘(iv) establishing or expanding partnerships to support program de-
velopment or expansion, including establishing or expanding industry
or sector partnerships to ensure inclusion of small- and medium-sized
businesses.
‘‘(3) INTERMEDIARY GRANTS.—
‘‘(A) NATIONAL INDUSTRY AND EQUITY INTERMEDIARIES.—An eligible entity
that receives funds under section 201(a)(1)(C)(i) shall use such funds to
carry out activities at a national and regional level to support the pro-
motion and expansion of industry or equity intermediaries, which may in-
clude—
‘‘(i) creating partnerships and leveraging collaborations with employ-
ers, workforce development organizations, industry associations, labor
organizations, and education and training providers to help multiple
employers make education and training more affordable and accelerate
the expansion of programs under the national apprenticeship system
nationwide;
‘‘(ii) assisting employers in expanding programs, starting new pro-
grams, and working together to create a pipeline of skilled workers;
‘‘(iii) increasing the participation and completion of nontraditional ap-
prenticeship populations in programs under the national apprenticeship
system, which may include—
‘‘(I) supporting the development, implementation, and scaling of
plans and practices; and
‘‘(II) identifying, developing, and disseminating effective program
tools and strategies;
‘‘(iv) providing national activities to increase awareness and access to
programs, including strategic marketing and outreach, technology im-
provements, and innovations that make it easier for employers to start
programs and for individuals to connect with program opportunities;
‘‘(v) developing and disseminating training or related instruction as-
sociated with the program or for curriculum improvements that align
with the requirements of the program and learning assessments; or
‘‘(vi) providing industry employees or potential employees with a
clear understanding of future career paths and the skills needed to suc-
ceed, along with cost effective ways of acquiring those skills through
youth apprenticeship, pre-apprenticeship, or apprenticeship programs.
‘‘(B) LOCAL INTERMEDIARIES.—An eligible entity that receives funds under
section 201(a)(1)(C)(ii) may use such funds to carry out activities at a local
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or regional level to support the promotion and expansion of programs under
the national apprenticeship system, which may include—
‘‘(i) providing training or related instruction associated with the pro-
grams or for curriculum improvements that align with the require-
ments of the programs and learning assessments;
‘‘(ii) engaging with local education and training providers to support
related instruction aligned with the needs of high-skill, high-wage, or
in-demand industry sectors and occupations, and to the extent prac-
ticable, support the provision of academic credit for related instruction;
‘‘(iii) providing services, including business engagement, classroom in-
struction, and development of partnerships with organizations that as-
sist program participants in accessing supportive services (which may
include the 12-month period after the conclusion of the other activities
in the youth apprenticeship and pre-apprenticeship programs involved);
‘‘(iv) providing technical assistance on the registration process for a
sponsor of a youth apprenticeship, pre-apprenticeship, or apprentice-
ship program;
‘‘(v) connecting businesses, labor organizations, or joint-labor man-
agement organizations with education and training providers to develop
related instruction to complement the on-the-job learning portion of a
youth apprenticeship, pre-apprenticeship, or apprenticeship program;
‘‘(vi) providing training to employees to serve as on-the-job trainers
or mentors to program participants; and
‘‘(vii) providing career exposure, career planning, and career aware-
ness activities.
‘‘(4) EDUCATIONAL ALIGNMENT GRANTS.—An eligible entity that receives funds
under section 201(a)(1)(D) shall use such funds to strengthen alignment be-
tween programs under the national apprenticeship system and education and
training providers with secondary and postsecondary education systems, includ-
ing degree and credential requirements, which may include—
‘‘(A) creating and aligning the related instruction to requirements for a
high school diploma or an associate’s or bachelor’s degree, including
through—
‘‘(i) dual enrollment and credit articulation for youth apprenticeship
programs;
‘‘(ii) articulation agreements; or
‘‘(iii) credit transfer agreements;
‘‘(B) creating or expanding career pathways aligned with pre-apprentice-
ship, youth apprenticeship, or apprenticeship programs;
‘‘(C) providing professional development for teachers, career guidance and
academic counselors, school leaders, administrators, specialized instruc-
tional support personnel, and paraprofessionals to build an understanding
of opportunities in the national apprenticeship system available to students
and to incorporate such opportunities into academic content and offerings;
‘‘(D) offering prior learning assessments, which may include credit for
prior learning to grant advanced standing in a program under the national
apprenticeship system and credit towards an associate’s or bachelor’s de-
gree;
‘‘(E) maintaining a connection between a pre-apprenticeship or youth ap-
prenticeship program and an apprenticeship program; and
‘‘(F) providing training for instructors or mentors.
‘‘SEC. 203. GRANT EVALUATIONS.
‘‘(a) RECIPIENT REPORTS.—Each recipient of a grant under this section shall—
‘‘(1) provide for an independent evaluation of the activities carried out under
this title during the grant period;
‘‘(2) provide for an annual report and for a final report at the conclusion of
the grant period, which include—
‘‘(A) a description of how the funds received through the grant were used
and how the uses of funds aligned with the description in the application
specified in section 201(e)(5)(C);
‘‘(B) in the case of an eligible entity that is required to report data under
section 131(b)(1), the data collected under such section for the grant period;
‘‘(C) the total number of active program participants served by each of the
grant programs;
‘‘(D) the total number that obtained unsubsidized employment in a field
related to the apprenticeable occupation;
‘‘(E) the total number of program participants that completed the pro-
gram in which they were enrolled;
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‘‘(F) the average time to completion for each program as compared to the
program standards description under paragraphs (1) and (2) of section
123(b);
‘‘(G) the average cost per participant during the most recent program
year and the 3 preceding program years;
‘‘(H) the percentage of participants who received support services; and
‘‘(I) the disaggregation of performance data described in subparagraphs
(A) through (H)—
‘‘(i) by the program type (apprenticeship, youth apprenticeship, or
pre-apprenticeship program) involved; and
‘‘(ii) by race, ethnicity, sex, age, and membership in a population
specified in section 3(24) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102(24)); and
‘‘(3) submit each report under paragraph (2)—
‘‘(A) to the registration agency; and
‘‘(B) to the Administrator.
‘‘(b) ADMINISTRATOR EVALUATIONS.—
‘‘(1) IN GENERAL.—The Administrator shall prepare—
‘‘(A) not later than 36 months after the date of enactment of the National
Apprenticeship Act of 2020, an interim evaluation on the activities carried
out under grants awarded under this section; and
‘‘(B) not later than 60 months after the date of enactment of the National
Apprenticeship Act of 2020, a final evaluation containing the results of the
grant activities.
‘‘(2) CONTENTS.—Such evaluations shall address, for the activities carried out
under each grant awarded under this section, the general effectiveness of the
activities in relation to their cost, including the extent to which the activities—
‘‘(A) improve the participation in, retention in, and completion of youth
apprenticeship, pre-apprenticeship, and apprenticeship programs by non-
traditional apprenticeship populations;
‘‘(B) to the extent feasible, increase the levels of total employment, of at-
tainment of recognized postsecondary credentials, and of measurable skills,
above the levels that would have existed in the absence of such activities;
‘‘(C) respond to the needs reflected in State, regional, or local labor mar-
ket data;
‘‘(D) align with high-skill, high-wage, or in-demand industries or occupa-
tions; and
‘‘(E) reach a wide variety of industry sectors and occupations;
‘‘(3) REPORTS TO CONGRESS.—Not later than 60 days after the completion of
the interim evaluation and the final evaluation described in this section, the
Administrator shall submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report summarizing the findings of the interim evalua-
tions and a report summarizing the final evaluations.
‘‘(4) PUBLIC ACCESS.—The Administrator shall make the interim and final re-
ports available on a publicly accessible website not later than 60 days after the
completion of the interim report and the final report.
‘‘SEC. 204. GRANT APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this title:
‘‘(1) $400,000,000 for fiscal year 2021;
‘‘(2) $500,000,000 for fiscal year 2022;
‘‘(3) $600,000,000 for fiscal year 2023;
‘‘(4) $700,000,000 for fiscal year 2024; and
‘‘(5) $800,000,000 for fiscal year 2025.’’.
SEC. 4. CONFORMING AMENDMENTS.
(a) AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT OF 1998.—
Section 414(c) of the American Competitiveness and Workforce Improvement Act of
1998 (29 U.S.C. 2916a) is repealed.
(b) IMMIGRATION AND NATIONALITY ACT.—Section 286(s)(2) of the Immigration and
Nationality Act (8 U.S.C. 1356(s)(2)) is amended—
(1) in the heading, by striking ‘‘FOR JOB TRAINING’’ and inserting ‘‘FOR PRO-
GRAMS 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’’.
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PURPOSE AND SUMMARY
H.R. 8294, the National Apprenticeship Act of 2020 (NAA 2020)
reauthorizes the National Apprenticeship Act 1 by codifying the
roles and responsibilities of the Office of Apprenticeship (OA) and
the National Advisory Committee on Apprenticeships (Advisory
Committee). The legislation codifies and streamlines the existing
U.S. Department of Labor (DOL) Registered Apprenticeship (RA)
regulations 2 (RA regulations) and the Equal Employment Oppor-
tunity in Apprenticeship regulations 3 (EEO regulations), and it es-
tablishes standards for youth apprenticeship and pre-apprentice-
ship programs. The purpose of this reauthorization is to safeguard
the welfare of apprentices and ensure equal opportunity for partici-
pation in, and increase the diversity of, programs under the na-
tional apprenticeship system, which includes apprenticeship, pre-
apprenticeship, and youth apprenticeship programs registered
under such system. The legislation establishes an interagency
agreement between the DOL and the U.S. Department of Edu-
cation (Department of Education) to support strengthened align-
ment of programs under the national apprenticeship system with
secondary, postsecondary, and adult education systems throughout
the U.S.
H.R. 8294 authorizes $3.9 billion over five years to create nearly
one million additional apprenticeship, pre-apprenticeship, and
youth apprenticeship opportunities. A portion of this funding is
used to establish a grant program for State Apprenticeship Agen-
cies (SAAs) and State Offices of Apprenticeship (SOAs). The legisla-
tion also creates a grant program to support national, regional, and
local intermediaries, incentivize employer participation, and pro-
vide opportunities for individuals with barriers to employment. To
ensure effectiveness and accountability, the bill includes reporting
and evaluation requirements. Through this reauthorization, ap-
prenticeships will be elevated to a high-quality, postsecondary op-
tion equal to the more traditional two- or four-year degrees, while
pre-apprenticeships and youth apprenticeships will provide more
options for high school students and individuals looking for a path-
way into apprenticeships.
The NAA 2020 is endorsed by the American Federation of Labor
and Congress of Industrial Organizations (AFL–CIO), Association
for Career and Technical Education (ACTE), Center for Law and
Social Policy (CLASP), Jobs for the Future (JFF), Laborers’ Inter-
national Union of North America (LiUNA), National Electrical Con-
tractors Association (NECA), National Skills Coalition (NSC), Na-
tional Taskforce on Tradeswomen’s Issues (TWTF), National Urban
League (NUL), North America’s Building Trades Unions (NABTU),
and Third Way.
1 Act of August 16, 1937, 29 U.S.C. § 50 (commonly known as the ‘‘National Apprenticeship
Act’’).
2 Labor Standards for the Registration of Apprenticeship Programs, 29 C.F.R. Pt. 29.
3 Equal Employment Opportunity in Apprenticeship, 29 C.F.R. Pt. 30.
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COMMITTEE ACTION
116TH CONGRESS
On March 27, 2019, the Subcommittee on Higher Education and
Workforce Investment (HEWI Subcommittee) of the House Com-
mittee on Education and Labor (Committee) held a hearing entitled
‘‘Innovations in Expanding Registered Apprenticeship Programs.’’
The hearing explored expanding RAs, which combine on-the-job
training and work-based learning opportunities. The witnesses
were: Ms. Jennifer Carlson, Executive Director, Apprenti, Seattle,
WA; Mr. James G. Pavesic, Director of Education and Training,
United Association of Journeymen and Apprentices of the Plumb-
ing, Pipefitting and Sprinkler Fitting Industry of the United States
and Canada, Annapolis, MD; Mr. Mark Hays, Vice Chancellor of
Workforce and Economic Development, Dallas County Community
College District, Dallas, TX; and Ms. Bridget Gainer, Vice Presi-
dent of Global Public Affairs, Aon, Chicago, IL.
On July 16, 2019, the HEWI Subcommittee held a bipartisan
hearing entitled ‘‘Scaling Up Apprenticeships: Building on the Suc-
cess of International Apprenticeship Models.’’ The hearing explored
the features of effective apprenticeship models in Switzerland, Ger-
many, and Australia, and it provided insights on best practices
that can be successfully applied in the United States. The wit-
nesses were: Mr. Tim Bradley, Counsellor for Industry, Science and
Education, Department of Education, Embassy of Australia, Wash-
ington, DC; Dr. Silvia Annen, Senior Researcher, BIBB-Federal In-
stitute for Vocational Education and Training, Bonn, Germany; and
Dr. Simon Marti, Head of Office, SwissCore, Brussels, Belgium.
On November 14, 2019, HEWI Subcommittee Chair Susan Davis
(D–CA–53) and Ranking Member Lloyd Smucker (R–PA–11) held a
bipartisan Member roundtable on apprenticeships. The roundtable
provided Members an opportunity to discuss best practices in RA
expansion with experts and stakeholders implementing successful
RA programs. Members heard from the following experts: Ms. Pa-
tricia Morrison, Director, Division of Registered Apprenticeship,
Virginia Department of Labor and Industry, Richmond, VA; Dr. Re-
becca S. Lake, Dean, Workforce and Economic Development,
Willian Rainey Harper College, Chicago, IL; Ms. Jennifer Oddo,
Program Manager, External Workforce and Apprenticeship Initia-
tives, IBM, Cleveland, OH; Mr. Christopher Treml, Director of Con-
struction Training, International Union of Operating Engineers’
National Training Fund, Washington, DC; Mr. James Young, Sen-
ior Director, Congressional Relations, HR, Labor and Safety, Asso-
ciated General Contractors of America, Arlington, VA; and Mr. Eric
M. Seleznow, Senior Advisor, Center for Apprenticeship & Work-
Based Learning, Jobs for the Future, Washington, DC.
On November 20, 2019, the HEWI Subcommittee held a hearing
entitled ‘‘Examining the Policies and Priorities of the Labor Depart-
ment’s Apprenticeship Program.’’ The hearing examined the DOL
activities and expenditures related to RAs and probed the DOL’s
actions to misdirect appropriated funds into the proposed Industry
Recognized Apprenticeship Program (IRAP). The witness was Mr.
John Pallasch, Assistant Secretary of the Employment and Train-
ing Administration (ETA), U.S. Department of Labor, Washington,
DC.
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On March 4, 2020, the HEWI Subcommittee held a bipartisan
hearing entitled ‘‘Reauthorizing the National Apprenticeship Act:
Strengthening and Growing Apprenticeships for the 21st Century.’’
The hearing included consideration of a discussion draft of legisla-
tion to reauthorize the National Apprenticeship Act; that discussion
draft was a precursor to the NAA 2020. At the hearing, stake-
holders in the RA system discussed the need for reauthorization of
the National Apprenticeship Act and how a reauthorization, as out-
lined in the discussion draft, could improve stakeholders’ ability to
better serve both apprentices and employers, including through in-
creased funding. The witnesses were: Ms. Tiffany P. Robinson, Sec-
retary, Maryland Department of Labor, Baltimore, MD; Ms. Morna
K. Foy, Ph.D., President, Wisconsin Technical College System,
Madison, WI; Ms. Jace Noteboom, Talent Director, IBM Systems,
Armonk, NY; and Mr. Daniel Bustillo, Executive Director,
Healthcare Career Advancement Program, New York, NY.
On September 17, 2020, Representative Davis (CA) introduced
H.R. 8294, the National Apprenticeship Act of 2020. Upon introduc-
tion, the bill had 13 Democratic cosponsors and was referred to the
Committee on Education and Labor. It currently has 44 Democratic
cosponsors. This bill incorporated policy recommendations from
each of the HEWI Subcommittee hearings as well as policy ideas
from a number of other bills, including elements from all of the leg-
islation described in the subsection below entitled Other Appren-
ticeship Related Legislation.
On September 24, 2020, the Committee on Education and Labor
marked up H.R. 8294 and ordered it to be reported favorably, as
amended, to the House of Representatives by a vote of 26 Yeas and
16 Nays.
At the markup, the Committee considered the following amend-
ments to H.R. 8294.
• Representative Davis (CA), Chair of the HEWI Sub-
committee, offered an amendment in the nature of a substitute
(ANS). The ANS included the provisions of H.R. 8294 as intro-
duced and added the following: a requirement that the OA,
SOAs, and SAAs provide technical assistance for programs to
offer remote or virtual learning; a requirement that organiza-
tions receiving grants under Title II of the amendments to the
National Apprenticeship Act provide access to supportive serv-
ices; a provision to ensure that labor organizations and joint
labor-management organizations are included as partners in
various sections of the legislation; and technical corrections.
The ANS was adopted by voice vote.
• Representative Elise Stefanik (R–NY–21) offered an
amendment to strike the requirements that pre-apprentice-
ships be tied to an apprenticeship program and prepare partici-
pants for a high school diploma or GED. The amendment was
defeated by a vote of 16 Yeas and 26 Nays.
• Representative Stefanik offered an amendment to allow
RA programs to receive expedited approval on the Workforce
Innovation and Opportunity Act 4 (WIOA) eligible training pro-
vider list. The amendment was adopted by voice vote.
4 29 U.S.C. § 3101.
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• Representative Brett Guthrie (R–KY–2) offered an amend-
ment to allow states to waive reporting requirements for small
business and first-time sponsors of RAs, modify requirements
for federal grant evaluations, and reduce the frequency of data
reporting. The amendment was withdrawn.
• Representative Fred Keller (R–PA–12) offered an amend-
ment to strike the exception to the ratio requirements in RA
programs for collective bargaining agreements. The amend-
ment was defeated by a vote of 15 Yeas and 27 Nays.
• Representative Dusty Johnson (R–SD–At Large) offered an
amendment to require the Secretary of Labor to issue regula-
tions governing the standards for apprenticeable occupations in
consultation with industry within one year. The amendment
was adopted by voice vote after a second-degree amendment to
the amendment was adopted.
• Representative Susan Wild (D–PA–7) offered a second-de-
gree amendment to the Johnson (SD) amendment to ensure
that the Secretary of Labor’s consultation prior to issuing regu-
lations is inclusive of other apprenticeship stakeholders beyond
industry. The second-degree amendment was adopted by voice
vote.
• Representative Lloyd Smucker (R–PA–11) offered an
amendment in the nature of a substitute to, among other
things, allow the Secretary of Labor to establish IRAPs, reduce
the authorized levels of funding throughout the bill by more
than $2 billion over five years, eliminate the Advisory Com-
mittee, and eliminate the interagency agreement with the De-
partment of Education. The amendment was rejected by a
voice vote.
Other Apprenticeship Related Legislation
On January 9, 2019, Representative Donald Norcross (D–NJ–1)
introduced H.R. 398, the 21st Century Energy Workforce Act. The
bill would require the U.S. Department of Energy to provide grants
to qualifying organizations that offer job training programs for the
energy sector. The bill was referred to the Committee on Education
and Labor and currently has two Republican cosponsors.
On January 9, 2019, Representative Norcross introduced H.R.
399, the PATH Act. The bill would require the DOL to provide
grants to develop pre-apprenticeships for underrepresented popu-
lations in the construction and building trades. The bill was re-
ferred to the Committee on Education and Labor and currently has
four Democratic cosponsors and two Republican cosponsors.
On January 17, 2019, Representative Anthony Brown (D–MD–4)
introduced H.R. 653, the Expanding Access to the Workforce
Through Dual Enrollment Act. The bill would direct the Secretary
of Education to provide grants to support dual or concurrent enroll-
ment programs offering career and technical education, including
RAs. The bill was referred to the Committee on Education and
Labor and currently has nine Democratic cosponsors.
On February 13, 2019, Representative Rick Larsen (D–WA–2) in-
troduced H.R. 1197, the Youth Access to American Jobs Act of 2019.
The bill would require the Secretary of Education to award grants
to promote youth apprenticeships. The bill was referred to the
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Committee on Education and Labor and currently has 22 Demo-
cratic cosponsors.
On February 13, 2019, Representative Tim Ryan (D–OH–13) in-
troduced H.R. 1168, the Worker Act. The bill would codify the
DOL’s OA, Advisory Committee, and Registered Apprenticeship
College Consortium. The bill was referred to the Committee on
Education and Labor and currently has 10 Democratic cosponsors.
On March 7, 2019, Representative Frederica Wilson (D–FL–24)
introduced H.R. 1634, the Youth Corps Act of 2019. The bill would
authorize the DOL to make grants to establish Youth Corps pro-
grams to provide employment to low income youth, including RAs
and pre-apprenticeships. The bill was referred to the Committee on
Education and Labor and currently has 13 Democratic cosponsors.
On March 13, 2019, Representative Seth Moulton (D–MA–6) in-
troduced H.R. 1733, the CHANCE in TECH Act. The bill would re-
quire the DOL to partner with industry groups to promote RAs in
the technology sector. The bill was referred to the Committee on
Education and Labor and currently has 24 Democratic cosponsors
and six Republican cosponsors.
On March 14, 2019, Representative Rosa DeLauro (D–CT–3) in-
troduced H.R. 1782, the American Apprenticeship Act. The bill
would require the DOL to award grants to states to allow them to
assist in covering the costs of related instruction for RA programs.
The bill was referred to the Committee on Education and Labor.
On March 22, 2019, Representative Suzanne Bonamici (D–OR–
1) introduced H.R. 989, the PARTNERS Act. The bill would provide
grants to states to support small- and medium-sized businesses es-
tablishing partnerships to create apprenticeships. The bill was re-
ferred to the Committee on Education and Labor and the Com-
mittee on the Judiciary and currently has 15 Democratic cospon-
sors and six Republican cosponsors.
On March 29, 2019, Representative Norcross introduced H.R.
1995, the Apprenticeship Hubs Across America Act of 2019. The bill
would require the DOL to award grants to workforce inter-
mediaries to allow those intermediaries to promote, develop, and
support RA programs. The bill was referred to the Committee on
Education and Labor and currently has two Democratic cosponsors
and four Republican cosponsors.
On May 14, 2019, Representative Susie Lee (D–NV–3) introduced
H.R. 2721, the Cyber Ready Workforce Act. The bill would require
the DOL to award grants to intermediaries to promote RAs in the
cybersecurity industry. The bill was referred to the Committee on
Education and Labor and currently has 14 Democratic cosponsors
and five Republican cosponsors.
On May 20, 2019, Representative Robin Kelly (D–IL–2) intro-
duced H.R. 2844, the Creating Pathways for Youth Employment
Act. The bill would provide funding for employment opportunities
for youth, including youth apprenticeships. The bill was referred to
the Committee on Education and Labor.
On October 31, 2019, Representative Mark Pocan (D–WI–2) in-
troduced H.R. 4965, the LEARNS Act. The bill would codify stand-
ards for RA programs, promote postsecondary credentials for ap-
prentices, and codify the Advisory Committee. The bill was referred
to the Committee on Education and Labor and currently has 64
Democratic cosponsors.
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On January 15, 2020, Representative William Keating (D–MA–
9) introduced H.R. 3068, the Offshore Wind Jobs and Opportunity
Act. The bill would authorize the U.S. Department of the Interior
to award grants to provide career training programs in the offshore
wind industry, including RAs. The bill was referred to the Com-
mittee on Education and Labor and currently has 33 Democratic
cosponsors.
On September 17, 2020, Representative Andy Levin (D–MI–9) in-
troduced H.R. 8302, the STANDARDS Act. The bill would require
the Secretary of Labor to adopt quality standards for RA programs
within a year of passage. The bill was referred to the Committee
on Education and Labor and currently has one Democratic cospon-
sor.
On September 18, 2020, Representative Lori Trahan (D–MA–3)
introduced H.R. 8317, To encourage employer participation in the
national apprenticeship system. The bill would direct the DOL to
provide support to employers to increase patriation in the national
apprenticeship system. The bill was referred to the Committee on
Education and Labor and currently has one Democratic cosponsor.
On September 21, 2020, Representative Josh Harder (D–CA–10)
introduced H.R. 8328, the Apprenticeships to College Act. The bill
would require the Secretary of Labor to establish an interagency
agreement with the Secretary of Education and establish a college
consortium on RAs. The bill was referred to the Committee on Edu-
cation and Labor.
On September 21, 2020, Representative Alma Adams (D–NC–12)
introduced H.R. 8321, the Apprenticeship Access for All Act of 2020.
The bill would require the Secretary of Labor to protect apprentices
from discrimination and promote diversity in the RA system. The
bill was referred to the Committee on Education and Labor.
On September 22, 2020, Representative Marcia Fudge (D–OH–
11) introduced H.R. 8339, the Expanding Opportunity through Pre-
Apprenticeships Act. The bill would create standards for pre-ap-
prenticeship programs and authorize grants to promote pre-appren-
ticeships. The bill was referred to the Committee on Education and
Labor and currently has 13 Democratic cosponsors.
On September 23, 2020, Representative Pramila Jayapal (D–
WA–7) introduced H.R. 8357, the Apprenticeship Future for All Act.
The bill would authorize the DOL to award grants, contracts, or
agreements to support nontraditional apprenticeship populations in
the RA system. It was referred to the Committee on Education and
Labor and currently has four Democratic cosponsors.
On September 24, 2020, Representative David Trone (D–MD–6)
introduced H.R. 8391, the Strengthening Apprenticeships for Jus-
tice-Impacted Communities Act. The bill would direct the DOL to
offer grants, funding for supportive services, and support to em-
ployers to encourage RA programs for justice-impacted individuals.
The bill was referred to the Committee on Education and Labor.
On September 29, 2020, Representative Joaquin Castro (D–TX–
20) introduced H.R. 8414, the Strengthening Youth Apprenticeships
Act of 2020. The bill would direct the Secretaries of Labor and Edu-
cation to create an interagency agreement and a grant program to
support youth apprenticeships. The bill was referred to the Com-
mittee on Education and Labor and currently has one Democratic
cosponsor and one Republican cosponsor.
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COMMITTEE VIEWS
INTRODUCTION
The RA system is one of the oldest and most successful elements
of the American workforce development system. RAs are an earn-
and-learn model that are validated by and registered with the DOL
or an SAA. This allows employers and apprentices to enter into an
agreement regarding the training and compensation that will be
provided, including a schedule for progressively increasing wages
as the apprentice gains skills and competencies. Apprenticeship
programs were largely unregulated in the United States until Wis-
consin passed the first state apprenticeship law in 1911.5 The Wis-
consin law became the foundation for apprenticeship laws in other
states and eventually the National Apprenticeship Act.6 Appren-
tices work and study in one of approximately 1,200 nationally rec-
ognized apprenticeable occupations. Since the start of 2017, more
than 700,000 workers have started RA programs in one of more
than 25,000 active RA programs. In 2019, 3,133 new apprentice-
ship programs were established within the RA system.7
After over a century, the RA system is still a highly successful
path for thousands of workers. According to the DOL, 94 percent
of apprentices are employed after completing their RAs and earn
an average starting wage of $70,000 a year.8 Apprentices are over-
whelmingly retained by their employers, with 91% retaining em-
ployment after their program ends.9 According to the DOL, workers
who complete apprenticeships earn an average of an additional
$300,000 over the course of their career when compared to similar
workers. Additionally, apprentices in RA programs earn an average
starting wage of $15 at the beginning of their apprenticeships and
receive wage increases throughout their apprenticeship as they de-
velop their skills.10
However, RAs currently account for only 0.3 percent of the U.S.
workforce 11 and only 2.9 percent of the cohort of workers entering
the labor market in a typical year.12 Further, nearly two-thirds of
active apprentices were employed in one industry (construction).
During the HEWI Subcommittee hearings in the 116th Congress,
witnesses discussed the importance of expanding access to quality
apprenticeship opportunities in other industry sectors. Mr. Daniel
Bustillo, Executive Director of the Healthcare Career Advancement
5 Reauthorizing the National Apprenticeship Act: Strengthening and Growing Apprenticeships
for the 21st Century Before the Subcomm. on Higher Educ. and Workforce Investment of the H.
Comm. on Educ. & Labor, 116th Cong. (2020) (Testimony of Morna Foy at 1), https://
edlabor.house.gov/imo/media/doc/FoyTestimony03042020.pdf [hereinafter Foy Testimony].
6 Id.
7 Number based on the Employment and Training Administration’s calculations for 2018. FY
2018 Data and Statistics, U.S. Dep’t of Labor, https://www.dol.gov/agencies/eta/apprenticeship/
about/statistics/2018 (last visited Oct. 28, 2020).
8 Frequently Asked Questions, Apprenticeship.gov, https://www.dol.gov/featured/apprenticeship/
faqs (last visited Oct. 28, 2020).
9 Id.
10 Apprenticeship Toolkit: Advancing Apprenticeship as a Workforce Strategy, U.S. Dep’t of
Labor, https://www.dol.gov/apprenticeship/toolkit/toolkitfaq.htm#:∼:text=Earnings%3A%20
The%20average%20starting%20wage.national%2C%20industry%2Drecognized%20credential
(last visited Oct. 28, 2020).
11 Task Force on Apprenticeship Expansion, Final Report to: The President of the United
States 17 (2018), https://www.dol.gov/apprenticeship/docs/task-force-apprenticeship-expansion-re-
port.pdf.
12 International Labor Organization, Towards a Model Apprenticeship Framework: A Com-
parative Analysis of National Apprenticeship Systems 140 (2013), https://www.ilo.org/wcmsp5/
groups/public/---asia/---ro-bangkok/---sro-new_delhi/documents/publication/wcms_234728.pdf.
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Program (H–CAP), highlighted the importance of ‘‘continued inno-
vation in the creation and implementation of non-traditional, high-
quality training programs and rigorous workforce planning to en-
sure the health care workforce and delivery system of the present
and future.’’ 13 Jace Noteboom, Talent Director for IBM Systems,
discussed how the technology sector has utilized apprenticeships as
a way to meet unfilled employment needs.14 Bridget Gainer, Vice
President of Global Public Affairs for Aon, described how the insur-
ance industry is turning to RAs, in partnership with community
colleges, to find talent they had traditionally recruited from four-
year degree programs. Additionally, testimony from Jennifer Carl-
son, the Executive Director and Co-Founder of Apprenti, a tech-
nology apprenticeship intermediary, highlighted the need to better
promote the inclusion and recruitment of nontraditional popu-
lations in the RA system, including women, people of color, individ-
uals with disabilities, and individuals impacted by the criminal jus-
tice system.15
CORE ELEMENTS OF THE NATIONAL APPRENTICESHIP ACT 2020
The DOL, in coordination with the 27 recognized SAAs, runs the
current RA system. Together, they protect the welfare of appren-
tices by setting quality standards for apprenticeships, approving
apprenticeship agreements between sponsors and apprentices, and
issuing nationally recognized certificates to participants upon com-
pletion.
Although the National Apprenticeship Act was first authorized in
1937 and signed into law by President Franklin Delano Roosevelt,
the NAA 2020 is the first comprehensive reauthorization of the leg-
islation. (Hereinafter, provisions of the NAA 2020 that amend the
National Apprenticeship Act shall be referred to as amendments to
the National Apprenticeship Act.) Since 1937, operation of the RA
system has been directed through regulations 16 rather than stat-
ute. The five tenets of the 1937 legislation, which are retained in
the NAA 2020, require the Secretary of Labor (Secretary) to:
• formulate and promote the furtherance of labor standards
necessary to safeguard the welfare of apprentices;
• expand the application of such standards by encouraging
the inclusion thereof in contracts of apprenticeship;
• bring together employers and labor for the formulation of
programs of apprenticeship;
• cooperate with state agencies engaged in the formulation
and promotion of standards of apprenticeship; and
• cooperate with the Secretary of Education.17
Sections 121 through 124 of the amendments to the National Ap-
prenticeship Act include the first of the three requirements: the for-
13 Reauthorizing the National Apprenticeship Act: Strengthening and Growing Apprenticeships
for the 21st Century Before the Subcomm. on Higher Educ. and Workforce Investment of the H.
Comm. on Educ. & Labor, 116th Cong. (2020) (Testimony of Daniel Bustillo at 2), https://
edlabor.house.gov/imo/media/doc/BustilloTestimony03042020.pdf [hereinafter Bustillo Testi-
mony].
14 Id. (Testimony of Jace Noteboom), https://edlabor.house.gov/imo/media/doc/
NoteboomTestimony03042020.pdf [hereinafter Noteboom Testimony].
15 Innovations in Expanding Registered Apprenticeships Before the Subcomm. on Higher Educ.
and Workforce Investment of the H. Comm. on Educ. & Labor, 116th Cong. (2019) (Testimony
of Jennifer Carlson at 6), https://edlabor.house.gov/imo/media/doc/CarlsonTestimony032719.pdf.
16 29 C.F.R. Pts. 29, 30.
17 29 U.S.C. § 50.
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48
mulation of labor standards necessary to safeguard the welfare of
apprentices, contracts of apprenticeship through apprenticeship
agreements, and bringing together of employers and labor for the
formulation of programs. Section 113 of the amendments to the Na-
tional Apprenticeship Act provides for cooperation with state agen-
cies engaged in the formulation and promotion of standards of ap-
prenticeship with SAAs. Section 114 of the amendments to the Na-
tional Apprenticeship Act sets parameters for cooperation with the
Secretary of Education through an interagency agreement.
Processes and Standards for the National Apprenticeship System
The NAA 2020 takes steps to codify and streamline the require-
ments for apprenticeable occupations, standards, apprenticeship
agreements, and registration processes as they currently exist in
the RA and EEO regulations. The legislation also takes steps to in-
troduce innovative new ideas such as industry-recognized occupa-
tional standards for apprenticeable occupations and codifies the
standards for pre-apprenticeships and youth apprenticeships. Ap-
prenticeships, pre-apprenticeships, and youth apprenticeships are
all required to be registered in order to be part of the national ap-
prenticeship system. Nothing in this bill requires programs that
wish to call themselves ‘‘apprenticeship programs’’ to register with
the DOL or an SAA. Rather, this bill simply establishes the stand-
ards and requirements for those programs that wish to register to
be part of the national apprenticeship system and access the fund-
ing authorized by H.R. 8294.
This bill codifies time-based, competency-based, and hybrid ap-
prenticeship models. Similar to the existing RA regulations,18 the
bill requires that most apprentices complete 2,000 hours of on-the-
job learning and 144 hours of related instruction. However, the bill
allows the registration agency (either an SAA or the OA) and Sec-
retary to approve an alternative amount of time under time-based
models. These alternative requirements are expected to be used in
industries or apprenticeable occupations that lack widespread and
well-established apprenticeship programs, provided that such alter-
native requirements reflect industry standards and the relative
hazards of the occupation. Such an alternative requirement would
not be appropriate in construction related occupations, for example,
where there is an established industry standard for time-based RA
programs.
Youth Apprenticeships and Pre-Apprenticeships
In order to advance the adoption, expansion, and more universal
understanding of various apprenticeship models, H.R. 8294 codifies
the standards for pre-apprenticeships and youth apprenticeships
and clarifies that these programs must be registered to be part of
the national apprenticeship system. Building on existing practice
and federal and state guidance, the bill makes clear that pre-ap-
prenticeships are designed for individuals who do not meet the en-
trance requirements for an apprenticeship program but are seeking
assistance in preparing for an apprenticeship. Pre-apprenticeships
should have an established partnership with at least one appren-
18 Id.
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ticeship program so that the skills and competencies provided to
the individual participants will prepare them to succeed in an ap-
prenticeship program. Recognizing that not all individuals who par-
ticipate in a pre-apprenticeship program will choose to move di-
rectly into an apprenticeship program, the legislation includes re-
quirements that pre-apprenticeship programs also prepare individ-
uals for a secondary school diploma, if necessary, as well as provide
mentoring, career exposure, career planning, and career awareness
activities.
H.R. 8294 clarifies that youth apprenticeships are opportunities
for students who are currently enrolled in high school to prepare
for: entry into an apprenticeship program, further education, or
employment upon completion of the youth apprenticeship program
and graduation. The standards are codified in this legislation in
order to expand adoption and understanding of youth apprentice-
ships and to ensure the national portability of youth apprenticeship
credentials by establishing a single set of standards for all pro-
grams across the U.S.
H.R. 8294 addresses a concern raised by states that are working
to grow the number of apprenticeships by making sure that youth
apprenticeships are eligible for federal grant funding as part of the
expansion of the national apprenticeship system. The Secretary of
the Maryland Department Labor, Tiffany Robinson, testified that:
‘‘Staff working with [Apprenticeship Maryland Program] are not
funded with the U.S. DOL Expansion grants because they require
all participants served to be a Registered Apprentice.’’ 19 She
added: ‘‘Having the ability to lay the correct groundwork now will
result in hundreds, if not thousands, of high school Registered Ap-
prentices over the next three to five years [in Maryland].’’ 20
Understanding that some apprenticeable occupations may not
allow for students to safely participate on a job site under the age
of 18, the standards for youth apprenticeships included in the legis-
lation allow for on-the-job learning requirements to be completed in
an experiential or simulated setting rather than in-person, similar
to work-based learning for career and technical education pro-
grams.
H.R. 8294 requires wages for youth apprenticeship and appren-
ticeship programs, but not pre-apprenticeship programs. The legis-
lation requires that such wages: are progressively increasing com-
mensurate with increasing levels of skills and competency; are
clearly defined in an apprenticeship agreement; and are not less
than the greater of either the minimum wage required under sec-
tion 6(a) of the Fair Labor Standards Act of 1938,21 the applicable
wage required by other applicable federal or state laws (including
regulations), or where applicable, a collective bargaining agree-
ment.
19 Reauthorizing the National Apprenticeship Act: Strengthening and Growing Apprenticeships
for the 21st Century Before the Subcomm. on Higher Educ. and Workforce Investment of the H.
Comm. on Educ. & Labor, 116th Cong. (2020) (Testimony of Tiffany Robinson at 9), https://
edlabor.house.gov/imo/media/doc/RobinsonTestimony03042020.pdf [hereinafter Robinson Testi-
mony].
20 Id.
21 29 U.S.C. § 206(a).
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50
AUTHORIZATION OF FUNDING FOR THE NATIONAL APPRENTICESHIP
ACT OF 2020
H.R. 8924 authorizes appropriations of $3.895 billion for Fiscal
Year (FY) 2021 through FY 2025. Assuming existing appropriations
of $211 million per year would continue in the absence of this reau-
thorization, the bill authorizes an increase of $2.84 billion over the
five-year period.
An analysis conducted by the Committee estimates that this level
of federal investment will support approximately 964,400 new ap-
prenticeship opportunities over five years that would not otherwise
exist.22 To ensure the national apprenticeship system is widely
available and an integral part of the nation’s workforce develop-
ment system, by the end of FY 2025, funding for the national ap-
prenticeship system will approximately meet the current funding
provided for each of the three WIOA core federal workforce pro-
grams (Dislocated Workers, Youth, and Adult). The strategy behind
H.R. 8294 is to scale up the RA system so that its scope and reach
is on par with each of the three core federal workforce development
programs under WIOA.
Recent Federal Funding for Registered Apprenticeship Programs
In FY 2015, the Obama Administration’s DOL awarded $175 mil-
lion in grant funds, using funds allocated to the DOL from H–1B
visa fees, for the American Apprenticeship Initiative for activities
such as supporting intermediaries and state expansion grants.23 In
appropriations bills enacted in each of the past five fiscal years (FY
2016 through FY 2020), Congress has appropriated funds to the
DOL ‘‘to expand opportunities relating to apprenticeship programs
registered under the National Apprenticeship Act . . . through
grants, cooperative agreements, contracts, and other arrange-
ments.’’ 24 Appropriations were $90 million in FY 2016, $95 million
in FY 2017, $145 million in FY 2018, $160 million in FY 2019, and
$175 million in FY 2020. The appropriations bill in FY 2020 fur-
ther specified that appropriated funds were only to be used for RAs
and not for non-registered programs.25
22 Estimates of average costs per new apprenticeship are taken from Committee analysis of
fiscal years 2017–2019 apprenticeship spending conducted by Booz Allen Hamilton on behalf of
the DOL. According to this analysis, estimated costs vary by the type of apprenticeship, ranging
from as little as $1,250 per apprentice for American Association of Community Colleges (AACC)
grants to about $5,170 per apprentice for American Apprenticeship Initiative (AAI) grants. Nota-
bly, these federal cost estimates are greater than those in a widely-cited Mathematica study.
Debbie Reed et al., An Effectiveness Assessment and Cost-Benefit Analysis of Registered Ap-
prenticeship in 10 States 39 (2012), https://www.mathematica.org/our-publications-and-findings/
publications/an-effectiveness-assessment-and-costbenefit-analysis-of-registered-apprenticeship-
in-10-states. The Education and Labor Committee’s analysis likely produces conservative esti-
mates, given that the majority of apprenticeship programs in existence in the U.S. today do not
receive any form of federal funding. As a conservative assumption, the analysis assumes that
the federal cost of supporting an apprenticeship in a new program is twice that of supporting
an apprenticeship in an existing program. This analysis excludes costs borne by non-federal ac-
tors—most notably the costs borne by employers for salaries, education, and mentoring during
the apprenticeship program.
23 Benefits and Costs of Apprenticeship: A Business Perspective, U.S. Dep’t of Commerce,
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjXo435qd
3sAhXsgnIEHZSXDb4QFjAAegQIBRAC&url=https%3A%2F%2Ffiles.eric.ed.gov%2Ffulltext
%2FED572260.pdf&usg=AOvVaw2rgmNm7ZrJW1XKsm8ugLaO (last visited Oct. 28, 2020).
24 Consolidated Appropriations Act, 2016, Pub. L. No. 114–113, 129 Stat. 2242.
25 H.R. Rep. No. 116–62, 15–16 (2020), https://www.congress.gov/116/crpt/hrpt62/CRPT-
116hrpt62.pdf. The House Appropriations Committee report included the following explanation
for the inclusion of the word ‘‘only’’:
However, the Committee is deeply concerned that funds are being used to support un-
registered apprenticeship programs, an untested, unproven, and duplicative version of
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51
Funding under the NAA 2020
The five-year authorization levels in the NAA 2020 build on cur-
rent FY 2020 appropriations levels of $211 million, of which, $175
million is currently appropriated for RA grants and $36 million is
appropriated for the operations of the OA. The first four rows in
the table below explain the authorization levels for the four key
programmatic elements of the NAA 2020.
registered apprenticeships. The Committee is also concerned that the funding under
this program is not being used effectively to support State, regional, and local appren-
ticeship efforts, as well as efforts by intermediaries to expand registered apprentice-
ships into new industries and to expand opportunities for underserved or underrep-
resented populations. Therefore, the bill includes new language clarifying that funds
may only be used for registered apprenticeships and requires that funds be used by the
Secretary to support State grants and for contracts and cooperative agreements for na-
tional and local apprenticeship intermediaries. The Department has admitted to mis-
using over $1.1 million of funds appropriated for RAs.
See also Ben Penn, Trump Apprenticeship Plan Under Fire for Alleged Misuse of Funds,
Bloomberg Law (Nov. 6, 2019, 6:11 AM), https://news.bloomberglaw.com/daily-labor-report/
trump-apprenticeship-plan-under-fire-for-alleged-misuse-of-funds.
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The first row authorizes appropriations for the OA at $50 million
in FY 2021 (an increase of $14 million above the FY 2020 level of
$36 million). This authorization includes costs for the Advisory
Committee, evaluation, and research. This authorization is in-
creased thereafter by $10 million annually to reach $90 million in
FY 2025. This is included in the legislation in Section 114 of the
amendments to the National Apprenticeship Act.
The second row authorizes appropriations of $75 million for
SAAs and SOAs in FY 2021. This authorization is increased there-
after by $10 million annually to reach $115 million in FY 2025.
This is included in the legislation in Section 113 of the amend-
ments to National Apprenticeship Act.
The third row authorizes appropriations of $10 million for the
DOL Department of Education Interagency Agreement in FY 2021.
This authorization is increased thereafter by $2 million annually to
reach $18 million in FY 2025. This is included in the legislation in
Section 114 of the amendments to the National Apprenticeship Act.
The fourth row authorizes appropriations of $400 million for
Modernizing the National Apprenticeship System for the 21st Cen-
tury Grants in FY 2021 ($100 million of which is funded out of the
existing $175 million appropriations in FY 2020). This authoriza-
tion is increased thereafter by $100 million annually to reach $800
million in FY 2025. This is included in the legislation in Section
204 of the amendments to the National Apprenticeship Act.
The fifth row reflects an estimated $200 million per year in H1–
B visa fees that will offset the cost of apprenticeship grants. Over
the past six years, the DOL has supplemented appropriated ap-
prenticeship funds with H–1B visa fees. Under current law, 50 per-
cent of the H1–B visa fees collected by the U.S. Department of
Homeland Security are directed to the DOL to fund workforce
training activities.26 H.R. 8294 amends the Immigration and Na-
tionality Act 27 to direct the H–1B visa fees available to the DOL
to support part of the cost of the Modernizing the National Appren-
ticeship System for the 21st Century Grants. This is included in
Section 4 of the NAA 2020.
ROLES AND RESPONSIBILITIES OF THE OFFICE OF APPRENTICESHIP
The NAA 2020 codifies the roles and responsibilities of the OA,
led by an Administrator (Administrator), who will ensure that the
OA remains dedicated solely to administering and supporting the
national apprenticeship system. Specifically, this reauthorization is
intended to codify the role of the OA in supporting the states in
implementing high-quality apprenticeship, pre-apprenticeship, and
youth apprenticeship opportunities for all stakeholders, including
the program participants themselves, SAAs and SOAs, employers,
education and training providers, labor organizations and joint
labor-management partnerships, intermediaries, educators, and
other relevant parties. The responsibilities of the OA include na-
tional and regional efforts to increase awareness of and promote
opportunities provided by the national apprenticeship system. The
legislation also codifies the OA’s crucial and fundamental role in
providing technical assistance for the implementation of programs
26 8 U.S.C. § 1356.
27 Id.
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and requirements of this bill, such as supporting data collection
and reporting activities. The OA may carry out technical assistance
through grants, contracts, or cooperative agreements, including
with labor or joint labor-management organizations or equity inter-
mediaries, for activities such as supporting program sponsors in
meeting requirements to increase diversity of programs and partici-
pants. Finally, the legislation makes clear that the OA must coordi-
nate with all relevant federal workforce training related programs
that carry out or interact with programs under the national ap-
prenticeship system in order to support efficiency and collaboration
at the federal, state, and local levels.
State Offices of Apprenticeship
As under current practice, the OA continues to be responsible for
creating and staffing a federally funded SOA in any state that has
not established its own SAA, and the NAA 2020 requires these
SOAs to continue to carry out activities required under the current
RA and EEO regulations 28 to support the expansion of apprentice-
ships within each state. In addition, SOAs are required to create
a four-year state plan, in coordination with the state workforce and
state career and technical education agencies. This includes SOAs
setting performance goals for the programs registered in the state.
Given the prolonged vacancies currently at the OA and SOAs
under the Trump Administration, this legislation requires the Ad-
ministrator to inform congressional committees of jurisdiction if
any vacancies in an SOA extend beyond 90 days.
Apprenticeable Occupations
Given the recent growth in apprenticeable occupations and the
goal of the NAA 2020 to increase new, nontraditional apprentice-
ship occupations, the legislation directs the DOL to regularly re-
view and update existing apprenticeable occupations as well as ap-
prove new apprenticeable occupations in a timely manner (within
45 days of receiving an application). H.R. 8294 includes increased
authorization funding levels for the DOL’s OA to ensure there is
adequate staff for these additional activities.
The legislation also encourages innovation in new apprenticeable
occupations by directing the DOL to convene apprenticeship stake-
holders, including employers and labor, to assist with establishing
industry-recognized occupational standards. Under the legislation,
specific frameworks of industry-recognized occupational standards
may include features such as program scope and length, related in-
struction, on-the-job learning, recognized postsecondary credentials,
and skill and competency requirements. The goal is to reduce the
time and burden employers, especially small- and medium-sized
employers, face in creating new apprenticeship programs by cre-
ating what could be considered an ‘‘in-the-box’’ apprenticeship
framework approved by the Secretary that employers could easily
adopt and implement. This does not invite the quality or ethical
concerns inherent in non-governmental program accreditation, nor
does it authorize or provide for IRAPs or Standards Recognition
28 29 C.F.R. Pts. 29, 30.
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55
Entities (SREs) that are hallmarks of the Trump Administration’s
efforts to privatize apprenticeship standards and accreditation.
As a result of the Johnson (SD) amendment and the Wild second-
degree amendment, both offered and adopted at the Committee’s
markup of the NAA 2020, the Secretary will be required to issue
regulations regarding standards and requirements for
apprenticeable occupations in consultation with apprenticeship
stakeholders within one year of enactment of the legislation.
Accountability and Data Collection
Data collection, distribution, and public dissemination have his-
torically been a challenge for the national apprenticeship system.
This legislation tasks the OA with creating a centralized reporting
system and a publicly accessible website with non-personally iden-
tifiable apprenticeship data. By creating a centralized reporting
database, the DOL will streamline reporting for apprenticeship
stakeholders, including SAAs and grantees. The centralized system
may be aligned with the reporting infrastructure of other programs
within the ETA such as WIOA for further streamlining and effec-
tiveness. This alignment will help ease data sharing and data col-
lection requirements between the national apprenticeship system
and the workforce system. For example, this alignment will support
making use of workforce related data such as state unemployment
insurance wage records to support the tracking of program partici-
pants’ earnings after they have left or completed a program under
the national apprenticeship system.
As required as part of this legislation, a public-facing website
will provide information on programs under the national appren-
ticeship system across the country, including the occupations avail-
able and credentials awarded as part of each program. The DOL’s
existing apprenticeship website (www.apprenticeship.gov) could be
repurposed to meet this requirement.
NATIONAL ADVISORY COMMITTEE ON APPRENTICESHIPS
The NAA 2020 codifies the composition, roles, and responsibil-
ities of the Advisory Committee. The DOL has been authorized to
establish an Advisory Committee as part of the existing National
Apprenticeship Act, and previous administrations have solicited ad-
vice from this committee.29 For example, the George W. Bush Ad-
ministration convened the Advisory Committee to inform the 2008
updates to the RA regulations.30 H.R. 8294 requires the Advisory
Committee to be permanently reestablished and governed by the
Federal Advisory Committee Act.31 The Advisory Committee will be
comprised of 27 members, with equal representation from employ-
ers, labor, and apprenticeship stakeholders. These appointments
should represent a diversity of sectors and geography, including
stakeholders involved in expanding the diversity of participants.
29 The NAA states: ‘‘The Secretary of Labor may . . . appoint national advisory committees
to serve without compensation. Such committees shall include representatives of employers, rep-
resentatives of labor, educators, and officers of other executive departments, with the consent
of the head of any such department.’’ 29 U.S.C. § 50a.
30 U.S. Dep’t Labor Employment and Training Administration, Development of the Revised
Regulations for the National Apprenticeship System, https://www.doleta.gov/oa/pdf/
Development_revised_regulations.pdf.
31 5 U.S.C. app. 2, §§ 1–16.
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The bill sets four-year terms and requires members’ terms to be
staggered.
The Advisory Committee is expected to play an active role in ad-
vising the Secretary on increasing access to the national appren-
ticeship system. It will also advise the DOL on: the development
and implementation of guidance, rules, and regulations; improve-
ments to the registration process; increasing the participation of
nontraditional populations; increasing the participation of nontradi-
tional apprenticeable occupations; updates to existing
apprenticeable occupations; and convening sector leaders to create
new frameworks for industry-recognized occupational standards.
ROLE OF STATES
The NAA 2020 codifies the roles and responsibilities of the SAAs
and requirements for SAA recognition. The legislation maintains
the current practice of ensuring that all states have either a state-
funded SAA or a federally funded SOA.32
SAA Recognition, Authority, and Derecognition
H.R. 8294 codifies and streamlines the existing DOL require-
ments regarding SAA recognition, authority, and derecognition, all
of which are contained in the RA and EEO regulations.33 In addi-
tion, the legislation establishes a new requirement for the submis-
sion of a four-year state plan as part of the SAA recognition proc-
ess. As part of H.R. 8294, derecognition criteria includes the failure
to develop a state plan and state performance level goals under the
plan. Under the legislation, existing SAAs maintain their authority
to recognize programs under the national apprenticeship system
and convene a state apprenticeship council, which is established to
assist and advise an SAA. The legislation makes clear that state
apprenticeship councils should not be carrying out the roles and re-
sponsibilities of the SAA with regard to recognizing and registering
programs under the national apprenticeship system. State appren-
ticeship councils must be fairly balanced among employers, labor
organizations or joint labor-management organizations, and mem-
bers of the public, and, to the extent practicable, have at least one
member from the state workforce board.
The process to derecognize SAAs generally tracks existing RA
and EEO regulations, with the Administrator providing technical
assistance to help SAAs come into compliance with the require-
ments of the legislation or to achieve the state’s performance goals.
If such compliance or improvement in performance is not achieved,
the Administrator will reduce funding for the SAA by five percent-
age points annually, and if no improvements are made, the Admin-
istrator may withdraw the SAA’s recognition.
State Plan
As mentioned above, every state, whether an SAA or SOA state,
is required to submit a four-year state plan as part of this legisla-
tion. Many of the elements of the state plan are taken from exist-
ing RA and EEO regulations. This includes reciprocity for pro-
32 See Appendix A to this report for a breakdown of SAA and SOA states.
33 29 C.F.R. § 29.3, 29.13, 29.14, 30.18.
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grams approved by another SAA or the Administrator, a plan to
promote diversity in apprenticeable occupations and ensure equal
opportunity to participate in programs through outreach and re-
cruitment, a mechanism for lodging and resolving complaints, and
the establishment and oversight of state apprenticeship councils.
New to this bill are the following state plan requirements.
• Technical assistance. States are expected to describe how
they will provide technical assistance to apprenticeship stake-
holders in the areas of: recruitment, retention, program devel-
opment or expansion, and implementation; meeting perform-
ance goals; and achieving the state goals in diversity and equal
opportunity.
• State apprenticeship hubs. States are expected to establish
regional apprenticeship hubs throughout the state to support
local efforts to engage employers through industry and sector
partnerships in regionally specific occupations.
• State apprenticeship performance outcomes. States are ex-
pected to establish goals for state levels of performance using
the core WIOA indicators of performance for adults and youth,
establish goals for diversity and equal opportunity, and de-
scribe how they will collect and report this data to the OA.
• Use of funds. States are expected to provide a description
of how they will use funding provided in the legislation under
the dedicated funding for states.
• Alignment of workforce activities, state strategic vision, and
strategy for any joint planning, alignment, coordination, and
leveraging of funds. States are required to submit as part of
their state plan a description of each of the following, each of
which are already required as part of WIOA and the Strength-
ening Career and Technical Education for the 21st Century
Act 34 (Perkins CTE) and should align with existing submis-
sions under those laws.
» Alignment of workforce activities. A summary of state-
supported workforce development activities; a summary of
the apprenticeship programs on the list of eligible training
providers approved by the state or local workforce board;
and a summary of the degree to which the programs under
the national apprenticeship system are aligned with the
needs of employers in the state as identified by the state
workforce board.
» State strategic vision. A summary of the state’s stra-
tegic vision and goals for preparing an educated and
skilled workforce and for meeting the skilled workforce
needs of employers as well as the contributions of the state
apprenticeship system in meeting these goals.
» Strategy for any joint planning, alignment, coordina-
tion, and leveraging of funds. A summary of alignment be-
tween the state’s apprenticeship system and its workforce
system, education system, and any other related workforce
or job training state or federal assistance programs.
34 20 U.S.C. § 44.
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SAA Funding, Matching Requirements, and Grant Formula
H.R. 8294 contains funding for states broken into two parts. The
legislation directs one-third of the funds to be equally distributed
to all states and outlying areas 35 and two-thirds of the funds to be
distributed via formula to SAAs. This funding structure is similar
to that used by the DOL to distribute apprenticeship grants in FY
2019.36 It is designed to ensure that all eligible states and outlying
areas receive an equal base level of funding. The additional funds
to SAAs are distributed according to a formula that considers the
state’s relative apprenticeship program size, completion rate, over-
all labor force size, and economic need (as measured by unemploy-
ment and poverty).
An annual stream of formula funding for SAAs will allow them
to hire more staff to carry out the requirements of the legislation
as well as provide additional funding to support the recruitment of
participants, employers, and other stakeholders to the national ap-
prenticeship system. The importance of consistent state funding
was highlighted by testimony from the Secretary of the Maryland
Department of Labor, Tiffany Robinson: ‘‘Sustainable funding,
whether formula funding or long-term grants of six to ten years,
would allow true program building to scale. Sustained funding also
reassures the business community, school systems, college systems,
and community partners that Apprenticeship is being invested in
for the long term and is a good partnership.’’ 37
To determine each SAA’s allocation under the formula, H.R. 8294
factors in eligible SAA states’ relative share of total apprentices,
but it also considers their five-year apprenticeship completion rates
in equal measure, providing states an incentive to improve their
completion rates. The formula in H.R. 8249 also offers slightly
greater funds to states in which the population experiences greater
economic need by accounting for poverty in place of the FY 2019
DOL formula’s job openings measure.
Pursuant to H.R. 8294, the federal formula grants will be allo-
cated in the following manner:
• one-third of the formula funds will be equally distributed
among all eligible states and outlying areas; and
• two-thirds of the formula funds will be distributed to eligi-
ble states with SAAs, allocated as follows:
» one-quarter based on each state’s relative share 38 of
program participants—including apprentices, pre-appren-
ticeships, and youth apprentices—based on the most re-
cent data available from the OA;
» one-quarter based on each state’s grantees’ relative
share of program participants who have completed a pro-
gram during the most recent five-year period, based on the
most recent satisfactory data available from the OA; and
35 The term ‘‘outlying area’’ is defined in the NAA 2020 as ‘‘American Samoa, Guam, the Com-
monwealth of the Northern Mariana Islands, and the United States Virgin Islands.’’
36 Letter from Molly E. Conway, Acting Assistant Secretary, Employment and Training Ad-
ministration, to State Governors et al., (May 3, 2019), https://wdr.doleta.gov/directives/attach/
TEGL/TEGL_17-18_acc.pdf (Training and Employment Guidance Letter No. 17–18 at 5).
37 Robinson Testimony at 9.
38 Throughout the formula, an eligible state’s ‘‘relative share’’ is the state’s share of the factor
relative to the sum of the factor for all eligible states.
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» one-half based on data from the American Community
Survey of the U.S. Census Bureau and the U.S. Bureau of
Labor Statistics, allocated as follows:
b one-third based on each state’s relative share of
the civilian labor force;
b one-third based on each state’s relative share of
individuals living below the federal poverty line; and
b one-third based on each state’s relative share of
unemployed individuals.
For SAAs to receive the full formula allocation from the two-
thirds of the federal funds reserved for SAAs, the NAA 2020 re-
quires that SAAs provide a 25 percent match using non-federal re-
sources. However, the legislation provides significant flexibility re-
garding the matching requirement. The match can be satisfied with
non-federal grant funds or other resources contributed by non-gov-
ernmental entities, state funding for apprenticeship initiatives, or
by other means such as in-kind contributions in the form of sala-
ries or office space. SAAs are provided a grace period of one year
after enactment of the NAA 2020 before they must meet their
match requirement. During this grace period, SAAs will receive the
full formula allocation. If an SAA cannot meet the full match after
the grace period, their funding is ratably reduced proportionate to
the state contribution below 25 percent, except in the case of excep-
tional circumstances as determined by the Administrator.
States are expected to use not less than 10 percent of the total
amount of their federal grant funding for engaging with the state
education system to strengthen alignment with the secondary, post-
secondary, and adult education systems. In addition, not less than
10 percent of their federal grant funding should be used for engag-
ing with the state workforce system. Not more than 15 percent of
their federal grant funding can be reserved for state leadership ac-
tivities to support state-specific initiatives (such as the expansion
of youth apprenticeships); of this, at least five percent must be
used for expanding diversity in both apprenticeship programs and
in apprenticeship participant populations.
As noted above, Section 113 of the amendments to the National
Apprenticeship Act authorizes federal grants to states in the
amount of $75 million in FY 2021, and the amounts increase by
$10 million each year thereafter to reach $115 million by the end
of the five-year authorization period.
Appendix B to this report shows how federal grant funding is ex-
pected to be distributed. Estimates were provided by the Congres-
sional Research Service (CRS) in October 2020, at which time 27
states had established SAAs.39 In FY 2021, for example, CRS esti-
mates that 30 states and outlying areas will receive the base allo-
cation of approximately $446,400, while the 27 states with SAAs
will receive significantly larger grants.40
39 Benjamin Collins, Cong. Rsch. Serv., Estimated Allotments Under Proposed Apprenticeship
Grant 1–2 (2020) (non-public report to House Committee on Education and Labor; see Appendix
B). The Congressional Research Service analysis relies on the list of SAAs published by the
DOL. See State Contact List, U.S. Dep’t of Labor, https://www.doleta.gov/OA/contactlist.cfm (last
visited Oct. 28, 2020).
40 Benjamin Collins, Cong. Rsch. Serv., Estimated Allotments Under Proposed Apprenticeship
Grant 1–2 (2020) (non-public report to House Committee on Education and Labor; see Appendix
B).
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INTERAGENCY AGREEMENT
To foster stronger coordination between the DOL and the Depart-
ment of Education, the NAA 2020 requires the two agencies to
enter into an interagency agreement to support the alignment of
the apprenticeship system with the educational systems at the sec-
ondary, postsecondary, and adult education levels. The need for
this was highlighted by Morna Foy, President of the Wisconsin
Technical College System, who testified that, ‘‘an interagency
agreement should be established between the Federal departments
of Labor and Education as acknowledgement that apprenticeship is
more than just workforce development. Apprenticeship—as the
Wisconsin model has shown—is a highly effective, cost-neutral path
to postsecondary credential attainment, individual learning and ca-
reer success.’’ 41
The interagency agreement is intended to clarify how the Secre-
taries of each agency will provide support for the replication and
scale of programs under the national apprenticeship system and for
a network of postsecondary institutions offering programs under
such system. The intention is not for the Secretaries to create cur-
riculum for related instruction, but rather to support the sharing
of resources and models created at the state and local levels on cur-
riculum and instruction, especially with regard to:
• updating high school academic requirements and academic
credit-granting curricula at the secondary level, as well as at
the postsecondary and adult education level where applicable;
• translating skills and competencies into pathways to sec-
ondary and postsecondary credit and recognized postsecondary
credentials; and
• providing prior learning assessments and competency-
based education aligned to competency-based and hybrid ap-
prenticeship programs, as applicable.
EVALUATIONS AND RESEARCH
The NAA 2020 creates a robust performance evaluation system.
It codifies the requirement for programs under the national ap-
prenticeship system to report on core indicators of performance es-
tablished under WIOA and the completion rates of each registered
program as compared to goals established under the state plan.
States are required to collect data on the core indicators described
below from programs registered in their state, as available (not all
programs will have data to report on each of the six indicators in
every quarter), and report this data to the OA annually. The six
indicators 42 are:
(I) the percentage of program participants who are in unsub-
sidized employment during the second quarter after exit from
the program;
41 Foy Testimony at 4.
42 29 U.S.C. § 3141(b)(A)(i). Youth apprenticeships have slightly different performance indica-
tors, which in WIOA are: ‘‘(I) the percentage of program participants who are in education or
training activities, or in unsubsidized employment, during the second quarter after exit from
the program; (II) the percentage of program participants who are in education or training activi-
ties, or in unsubsidized employment, during the fourth quarter after exit from the program; and
(III) the primary indicators of performance described in subclauses (III) through (VI) of subpara-
graph A(i)’’ (subclauses (III) through (VI) are listed in the text above). 29 U.S.C. § 3141(b)(A)(ii).
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(II) the percentage of program participants who are in un-
subsidized employment during the fourth quarter after exit
from the program;
(III) the median earnings of program participants who are in
unsubsidized employment during the second quarter after exit
from the program;
(IV) the percentage of program participants who obtain a
recognized postsecondary credential, or a secondary school di-
ploma or its recognized equivalent (subject to clause (iii)),43
during participation in or within 1 year after exit from the pro-
gram;
(V) the percentage of program participants who, during a
program year, are in an education or training program that
leads to a recognized postsecondary credential or employment
and who are achieving measurable skill gains toward such a
credential or employment; and
(VI) the indicators of effectiveness in serving employers es-
tablished pursuant to clause (iv).44
H.R. 8294 requires SAAs and SOAs (whichever exists in the
state) to provide an annual report to the Administrator on the per-
formance of programs registered in their state, including informa-
tion on the performance indicators, equal opportunity in appren-
ticeship programs, average time to completion, cost per participant,
and number of participants receiving supportive services. As men-
tioned above, the bill includes requirements for each state to report
on levels of performance required under WIOA and completion
rates for registered programs. This includes a requirement to
disaggregate such data by program type (apprenticeship, youth ap-
prenticeship, or pre-apprenticeship) and by race, ethnicity, sex, age,
and individuals with barriers to employment as defined under
WIOA. It is critical to disaggregate this information to the greatest
extent it can be disaggregated in order to accurately measure the
impact and efficacy of such programs for each subgroup as well as
to cross tabulate the disaggregated data.
Similar to current practice under the RA and EEO regulations,45
each registered program must take part in a comprehensive review
not less than once every five years. If a program is found to be out
of compliance with the apprenticeship agreement or requirements
of this legislation—or if a program is annually underperforming on
any of the indicators of performance—the legislation requires that
technical assistance be provided and a performance improvement
plan be implemented. If performance does not improve according to
the methods and timeframe specified in the bill, the program may
43 29 U.S.C. § 3141(b)(A)(iii). Clause (iii) states: ‘‘(iii) Indicator relating to credential.—For pur-
poses of clause (i)(IV), or clause (ii)(III) with respect to clause (i)(IV), program participants who
obtain a secondary school diploma or its recognized equivalent shall be included in the percent-
age counted as meeting the criterion under such clause only if such participants, in addition
to obtaining such diploma or its recognized equivalent, have obtained or retained employment
or are in an education or training program leading to a recognized postsecondary credential
within 1 year after exit from the program.’’ Id.
44 29 U.S.C. § 3141(b)(A)(iv). Clause (iv) states: ‘‘(iv) Indicator for services to employers.—Prior
to the commencement of the second full program year after the date of enactment of this Act,
for purposes of clauses (i)(VI), or clause (ii)(III) with respect to clause (i)(VI), the Secretary of
Labor and the Secretary of Education, after consultation with the representatives described in
paragraph (4)(B), shall jointly develop and establish, for purposes of this subparagraph, 1 or
more primary indicators of performance that indicate the effectiveness of the core programs in
serving employers.’’ Id.
45 29 C.F.R. Pts. 29, 30.
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face deregistration. The process for deregistration in the bill is
similar to current practice under the RA and EEO regulations,
such as allowing for a hearing if desired by the sponsor and inform-
ing apprentices of the program sponsor’s deregistration in a timely
manner.
EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP
The NAA 2020 codifies and streamlines existing EEO regula-
tions 46 throughout Title I of the amendments to the National Ap-
prenticeship Act. Nothing in the NAA 2020 precludes the Secretary,
when promulgating regulations to implement the legislation, from
retaining any of the existing EEO regulations as in effect on Janu-
ary 31, 2020, so long as they do not conflict with the legislation.
Relation to Other Laws
Section 6 of the amendments to the National Apprenticeship Act
ensures that any law that provides greater civil rights protections
than those provided in H.R. 8294 are not invalidated by this legis-
lation.47
The Office of Apprenticeship
Section 111 of the amendments to the National Apprenticeship
Act requires the Administrator to both ensure diversity in occupa-
tions under the national apprenticeship system—especially in high-
skill, high-wage, or in-demand occupations in geographic areas
with high percentages of low-income individuals—and codify exist-
ing regulations regarding equal employment opportunity in appren-
ticeship programs. By requiring that programs under the national
apprenticeship system adopt and implement current policies to pro-
vide for equal opportunity standards in 20 C.F.R. section 30.3,48
the legislation codifies the prohibition on discrimination as well as
the duty to engage in affirmative action programs.49 H.R. 8294 also
codifies the requirements for program sponsors for dissemination of
equal opportunity policy; universal outreach and recruitment; as-
signment of EEO responsibility; ensuring programs are free from
harassment, intimidation, and retaliation (including anti-harass-
ment training and procedures for handling harassment and retalia-
tion complaints); compliance with other federal and state equal em-
ployment opportunity laws; and adoption and dissemination of the
equal opportunity pledge.50 It also clarifies that violations of any
of these requirements are subject to enforcement action under the
Evaluation section of the bill. Additionally, this section requires the
Administrator to provide assistance in receiving and resolving com-
plaints.51
State Apprenticeship Agencies and State Offices of Apprenticeship
Section 113 of the amendments to the National Apprenticeship
Act describes the requirements of the SAAs to maintain recognition
46 See 29 C.F.R. Pt. 30 (the NAA 2020 codifies similar requirements).
47 See 29 C.F.R. § 30.1.
48 29 C.F.R. § 30.3.
49 See 29 C.F.R. § 30.4 (the NAA 2020 codifies this requirement).
50 See 29 C.F.R. § 30.17 (the NAA 2020 codifies this requirement).
51 See 29 C.F.R. § 30.14 (including complaints similar to the NAA 2020).
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and create a comprehensive state plan. As part of the state plan,
which must be carried out by SAAs and SOAs, states must do the
following.
• They must promote diversity in apprenticeable occupations
as described above and uniformly adopt and implement the re-
quirements set forth for equal opportunity and outreach to
nontraditional populations.52 States must ensure that pro-
grams they register conduct targeted outreach to nontradi-
tional apprenticeship populations, including individuals with
barriers to employment such as individuals with disabilities.53
• They must establish or maintain a system to receive and
resolve complaints, including complaints concerning equal em-
ployment opportunity or discrimination, violations of the ap-
prenticeship agreement, or violations of requirements of this
legislation.54
• They must adopt state performance goals, including the
performance goals as described in Section 116 of WIOA, goals
for completion, and goals for participation in apprenticeship
programs by groups according to race, sex, ethnicity, and—to
the extent practicable—disability status. The latter goal must
be compared to the working-age population in the geographic
area from which the sponsor usually seeks or reasonably could
seek program participants and who meet the minimum eligi-
bility requirements for entry into the program.55 This goal
should be set using the data and tools provided to the state by
the DOL, as is currently done. This data will be collected annu-
ally and reported in relation to the goals established, and it
will be submitted to the DOL as part of the report described
in the Evaluation section of the legislation.
Corrective action must be taken by the Administrator for a
state’s failure to make good-faith efforts to meet these goals.56 This
section of the bill codifies the criteria for corrective action or sanc-
tion (withholding of funds) and derecognition of SAAs. The criteria
include failure to adopt and properly enforce the EEO requirements
of a state plan and failure to meet the state levels of performance
or demonstrate satisfactory improvements in performance for three
consecutive years.57
Process and Standards for the National Apprenticeship System
Subtitle B of Title I of the amendments to the National Appren-
ticeship Act codifies and streamlines the standards for apprentice-
ship programs and establishes the standards for youth apprentice-
ship and pre-apprenticeship programs. Requirements for all three
programs include: providing safe work environments for the partici-
pants; providing adequate training for mentors and instructors on
safe work and training environments; recording and maintaining
52 See 29 C.F.R. § 30.18 (the NAA 2020 codifies a similar requirement).
53 See 29 C.F.R. § 30.8, 30.11 (the NAA 2020 codifies similar requirements related to targeted
outreach, recruitment, and retention; as well as those related to invitation to self-identify as an
individual with a disability).
54 See 29 C.F.R. § 30.14 (the NAA 2020 codifies a similar requirement).
55 See 29 C.F.R. § 30.5–.8 (the NAA 2020 codifies similar requirements related to: the utiliza-
tion analysis for race, sex, and ethnicity; utilization goals for race, sex, and ethnicity; and utili-
zation goals for individuals with disabilities).
56 See 29 C.F.R. § 30.15 (the NAA 2020 codifies a similar requirement).
57 Id.
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all necessary records;58 and providing all individuals an equal op-
portunity to participate in programs under the national apprentice-
ship system.59 As part of the apprenticeship agreement, the spon-
sor must provide a demonstration of, a commitment to, and compli-
ance with, the diversity requirements described in Section 111 of
the amendments to the National Apprenticeship Act.
Sponsors must maintain the documentation necessary for the
registration agency to show that all potential program participants
and all program participants are receiving an equal opportunity in
recruitment, training, and employment. This could include:
• documentation summarizing the qualifications of each ap-
plicant;
• the basis for evaluation of and selection or rejection of
each applicant;
• the records pertaining to interviews of applicants;
• the original application for each applicant;
• information related to the operation of the registered pro-
gram, including job assignment, promotion, demotion, layoff, or
termination;
• rates of pay and other forms of compensation or conditions
of work;
• hours of work and, separately, hours of training provided;
or
• other records pertinent to a determination of compliance
with these requirements.
Program Evaluations
Section 131 of the amendments to the National Apprenticeship
Act describes the evaluation requirements for programs under the
national apprenticeship system and the requirements for program
review and deregistration. Each state must report annually on the
performance of programs registered in their state and disaggregate
program data by race, ethnicity, sex, age, and membership in a
population included in the WIOA definition of ‘‘individual with a
barrier to employment,’’ as is currently done with WIOA perform-
ance data.60 If the data shows that a program is failing to reach
the state’s goals, the program will receive technical assistance and
become subject to a program improvement plan.61
The registration agency must conduct a comprehensive program
review of each program they have registered at least once every
five years, as is current practice. A program may be deregistered
for failing to improve its performance or for not complying with the
requirements of this legislation, including the EEO requirements.62
GRANT PROGRAM EXPANSION
The NAA 2020 creates the Modernizing Apprenticeship for the
21st Century Grants program, which establishes four core areas of
58 See 29 C.F.R. § 30.12 (the NAA 2020 codifies a similar requirement related to record-
keeping).
59 See 29 C.F.R. § 30.10 (the NAA 2020 codifies a similar requirement related to selection of
apprentices).
60 This aligns with the DOL apprenticeship regulations at 29 C.F.R. § 30.9.
61 See 29 C.F.R. § 30.13 (the NAA 2020 codifies a similar requirement related to equal employ-
ment opportunity compliance reviews).
62 See 29 C.F.R. § 30.15 (the NAA 2020 codifies similar enforcement actions regarding non-
compliance with EEO requirements).
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grantmaking for programs under the national apprenticeship sys-
tem, including:
• supporting the creation or expansion of RA, youth appren-
ticeship, and pre-apprenticeship programs, including in non-
traditional apprenticeship occupations and for nontraditional
apprenticeship populations;
• encouraging employer participation and recruitment for in-
dividuals with barriers to employment, including individuals
impacted by the criminal justice system;
• supporting national industry and equity intermediaries as
well as intermediaries at the regional or local level; and
• establishing or expanding educational alignment with pro-
grams under the national apprenticeship system.
The bill prioritizes grant applicants that serve a high number or
high percentage of participants who are from nontraditional ap-
prenticeship populations and that provide opportunities in high-
wage, high-skill, or in-demand sectors and occupations. It includes
a robust grant program to support the creation or expansion of
RAs, youth apprenticeships, and pre-apprenticeships, including in
nontraditional apprenticeship occupations and nontraditional ap-
prenticeship populations. As noted in the table above entitled Au-
thorization of Appropriations and Funding Sources under the Na-
tional Apprenticeship Act of 2020, the bill authorizes $400 million
in FY 2021 and increases $100 million annually to reach $800 mil-
lion in FY 2025.
Grant Application
To ensure consistency, the bill creates a single grant program ap-
plication within which the grant applicant can describe proposed
activities from the four categories above. To be eligible to apply for
the grant program, applicants must demonstrate a partnership
with at least two of the following entities: a state or local workforce
development board or a state or local workforce agency, an edu-
cation or training provider or a consortium of providers, an SAA,
an Indian Tribe or Tribal organization, an industry or sector part-
nership, a group of employers, a trade association, a professional
association that sponsors or participates in a program under the
national apprenticeship system, a governor, a labor organization or
joint labor-management organization, a community-based organiza-
tion that assists program participants in accessing supportive serv-
ices, or a qualified intermediary. To the extent practicable, appli-
cants must also be part of an industry or sector partnership. As
part of the application process, eligible applicants are required to
submit to the Administrator a description of the grant’s purpose;
a list of its grant partners; the ability of the applicant to enroll, in-
struct, advance, and graduate grant program participants served
by the grant activities; and the ability of the applicant to support
program sponsors and employers.
Eligible applicants must also provide a labor market analysis
demonstrating the need to create or expand the proposed program
under the national apprenticeship system along with a plan to
align the activities supported by the grant with the labor market
needs of high-skill, high-wage, or in-demand industry sectors or oc-
cupations. If appropriate, the grant applicant is required to include
a plan showing coordination with activities carried out under other
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relevant statutes. The grant application must also include a plan
to recruit and retain program participants for apprenticeship, pre-
apprenticeship, or youth apprenticeship programs—including from
nontraditional apprenticeship populations such as women, minori-
ties, individuals with disabilities, individuals impacted by the
criminal or juvenile justice systems, and individuals with barriers
to employment—and how such plan will support the eligible appli-
cant in meeting the equal opportunity requirements for diversity.
Eligible applicants must also describe strategies to recruit and sup-
port employers involved in programs under the national appren-
ticeship system.
Eligible applicants must describe how they will provide informa-
tion to the Administrator, including program performance data,
and how they will coordinate grant activities with an SAA (if such
agency exists in the state where the eligible applicant is carrying
out the grant). The bill includes specific additional requirements
for grant applications seeking to expand existing programs under
the national apprenticeship system. It also includes additional re-
quirements based on the allowable grant activities the applicant
will be carrying out.
Grant Funds
All grant applicants must match at least 25 percent of the funds
awarded to them directly or through donations from non-federal,
public, or private organizations, in cash or in-kind, fairly evaluated.
This requirement may be waived if the applicant demonstrates ex-
ceptional circumstances that prevented the applicant from meeting
the requirement such as: the entity serves a high proportion of in-
dividuals with barriers to employment; uncontrollable cir-
cumstances (such as a natural disaster); or a precipitous and un-
foreseen decline in financial resources. All grantees must also re-
serve at least five percent of their grant funds for direct financial
assistance for program participants through emergency grants in
order to ensure that all participants can successfully participate in
and complete the program.
Grant applicants may also use the grant funds for a variety of
other activities, including establishing or expanding partnerships;
conducting outreach and recruitment activities for program partici-
pants or apprenticeship stakeholders like sponsors, employers, in-
dustry associations, labor and joint labor-management organiza-
tions, intermediaries, or education and training providers; or to
support the transition to virtual or remote learning or training. Ad-
ditional uses of funds are allowable depending on the grant activi-
ties being carried out.
Grant Evaluations
The legislation requires there be both an independent evaluation
of the grant program and an annual and final report from each of
the grantees. While each of the grant recipients must provide for
the reports from the funds received under the grant, the Secretary
maintains flexibility on how the independent evaluations will be fi-
nanced. The reports from the grantees must include information
such as how the funds were used, the number of participants
served by the grant, the average cost per participant, and the per-
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centage of participants that received supportive services. The data
contained in the reports should be disaggregated by program type
(apprenticeship, youth apprenticeship, or pre-apprenticeship) and
by race, ethnicity, sex, age, and membership in a population de-
fined in WIOA’s ‘‘individual with a barrier to employment’’ defini-
tion.
The legislation also requires the Administrator to prepare an in-
terim and final evaluation of the grant program, both of which
must be provided to Congress and made publicly available. The re-
ports must contain information regarding how the grant program
has improved participation of nontraditional apprenticeship popu-
lations; the attainment of recognized postsecondary credentials
above what would have occurred in the absence of the grant; how
the programs respond to labor market data; how they align with
high-skill, high-wage, and in-demand industry sectors and occupa-
tions; and the extent to which they reach a wide variety of industry
sectors and occupations.
TRUMP ADMINISTRATION ACTIONS ON IRAPS
The NAA 2020 does not authorize the IRAPs that are being ad-
vanced by the DOL under the Trump Administration. In the course
of developing this legislation, IRAP regulations and spending were
examined, and significant programmatic weaknesses were identi-
fied. The fundamental weakness of the IRAP design is that quality
standards are in the purview of private accreditors, rather than the
DOL, and thus the responsibility for ensuring the quality of the
programs and the protection and welfare of apprentices is not the
responsibility of the Secretary.
In June 2017, the White House issued an Executive Order (EO)
13801 to ‘‘Expand Apprenticeships in America’’ that directed the
DOL to establish a Task Force and develop a parallel program to
the successful RA system called IRAPs.63 The Task Force rec-
ommended that the DOL develop a pilot program to test out the
new concept, but it did not call for creating a new nationwide pro-
gram.64 Rather than pilot the concept, on March 11, 2020, the DOL
issued a final rule establishing IRAPS, claiming as their legal au-
thority the National Apprenticeship Act.65 Over 300,000 comments
were filed, many of which raised concerns or opposition.66 The final
rule currently exempts construction occupations from the IRAP reg-
ulation,67 although the construction carve-out is opposed by various
construction and contractor associations.68
The Trump Administration’s justification for establishing IRAPs
is grounded in the assertion that the current RA system is not ca-
pable of expanding apprenticeships in emerging, high-growth sec-
63 Exec. Order No. 13,801, 82 Fed. Reg. 28229 (June 1, 2017).
64 Task Force on Apprenticeship Expansion, Final Report to: The President of the United
States 34 (2018), https://www.dol.gov/apprenticeship/docs/task-force-apprenticeship-expansion-re-
port.pdf.
65 Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations, 85
Fed. Reg. 14,294 (Mar. 11, 2020) (to be codified at 29 C.F.R. Pt. 29).
66 Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations, 84
Fed. Reg. 29,970 (June 25, 2019) (to be codified at 29 C.F.R. Pt. 29).
67 Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations, 85
Fed. Reg. 14,294 (Mar. 11, 2020) (to be codified at 29 C.F.R. Pt. 29).
68 Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations, 84
Fed. Reg. 29,970 (June 25, 2019) (to be codified at 29 C.F.R. Pt. 29).
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tors.69 Nothing could be further from the truth. Testimony before
the HEWI Subcommittee from technology, insurance, and health
care industries points to the growing use of RAs in non-traditional
and high-growth sectors. Jace Noteboom, Talent Director at IBM
Systems, for example, testified: ‘‘Since the start of our apprentice-
ship program in 2017, IBM has hired over 500 apprentices across
roles ranging from mainframe computer administration to cyberse-
curity to data science . . . We have registered more than 25 new
roles in information technology with the US Department of Labor.’’
RAs have also demonstrated the ability to increase opportunities
for diverse populations in the health care sector, as described in
the testimony of Daniel Bustillo, the Executive Director of H–CAP:
‘‘Since launching our first cohort of apprentices in November 2016,
H–CAP has supported the registration of over 1,500 apprentices
across 8 states with multiple employers. Of these apprentices, 82%
are women and a majority (60%) are people of color.’’70
The DOL lacks the authority to issue the IRAP rule, or expend
funds to implement it, because the DOL’s rule does not meet all
five of the mandatory requirements in the National Apprenticeship
Act.71 Particularly concerning is that states will not have oversight
of IRAPs operating withing their borders. This will result in two
sets of apprenticeship programs with different proficiency stand-
ards.
The DOL is currently recognizing a loose network of SREs, or
non-RA program accreditors.72 SREs, in turn, evaluate and recog-
nize IRAPs. SREs are provided autonomy to set accreditation
standards and may be trade associations or for-profit entities, in-
cluding employers and training providers.73 There is no evidence
that the IRAP model will be effective in ensuring program quality
or welfare of participants. The proliferation of low-quality higher
education and job training programs financed with federal student
aid funds raises concerns that IRAP certificates of completion will
not meet the same high standards as certificates earned through
an RA, which will shortchange program participants and tax-
payers.
Moreover, under the March 11, 2020, regulation, SREs can wear
multiple hats.74 A single SRE can certify programs, produce cur-
riculum materials, and even operate its own programs.75 This in-
vites significant conflicts of interest, which the Department ac-
knowledges but has taken no clear steps to prevent through the
final IRAP regulations.76
NATIONAL APPRENTICESHIP ACT OF 2020 TREATMENT OF IRAPS
H.R. 8294 incorporates all five of the core apprenticeship pro-
gram requirements currently in the National Apprenticeship Act. It
69 Exec. Order No. 13801, 82 Fed. Reg. 28229 (June 1, 2017).
70 Bustillo Testimony at 3.
71 The five requirements of the National Apprenticeship Act are described in the introduction
section of the Committee Views.
72 Approved Standards Recognition Entities, Apprenticeship.gov, https://
www.apprenticeship.gov/employers/industry-recognized-apprenticeship-program/approved-
standards-recognition-entities (last visited Nov. 3, 2020).
73 Apprenticeship Programs, Labor Standards for Registration, Amendment of Regulations, 85
Fed. Reg. 14,294, 14388 (Mar. 11, 2020) (to be codified at 29 C.F.R. Pt. 29).
74 Id.
75 Id.
76 Id.
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does not provide new authority to allow for non-governmental third
parties to approve apprenticeship programs as requested by cur-
rent DOL leadership. The bill does not authorize the creation of
IRAPs or SREs or codify the DOL regulations that establish IRAPs.
Finally, it does not authorize funding for program administration
or grants to carry out IRAPs because IRAPs do not meet the re-
quirements for inclusion in the national apprenticeship system.
CONCLUSION
The National Apprenticeship Act was first authorized in 1937
during a time when the country was experiencing significant eco-
nomic hardship and people were looking for career opportunities,
much like the economy and challenges the U.S. faces today. The
NAA 2020 updates the National Apprenticeship Act to codify and
streamline existing standards and RA and EEO regulations, and it
builds in requirements for equal employment opportunity in ap-
prenticeship programs. It authorizes $3.9 billion over five years to
scale up programs under the national apprenticeship system, which
are a proven earn-and-learn model. With staggering levels of unem-
ployment, and the need for millions to find new careers due to the
COVID–19 pandemic, it is imperative that Congress reauthorize
this program and provide our nation with nearly one million new
apprenticeship, pre-apprenticeship, and youth apprenticeship op-
portunities.
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SECTION-BY-SECTION ANALYSIS
Section 1. Short title
This section states that the title of the bill is the National Ap-
prenticeship Act of 2020 (the Act or this Act).
Section 2. Effective date
This section states that the Act and amendments made by it will
take effect July 1, 2021.
Section 3. Amendment
This section amends the Act of August 16, 1937 (commonly re-
ferred to as the National Apprenticeship Act), and all contents
hereafter in this section contain amendments to the National Ap-
prenticeship Act.
Section 1. Short title and table of contents
This section specifies that the Act may be cited as the National
Apprenticeship Act of 2020.
Section 2. Definitions
This section defines key terms, including the following.
• Nontraditional apprenticeship populations. This means
any group of individuals the members of which comprise fewer
than 25 percent of the individuals participating in an
apprenticeable occupation.
• Nontraditional apprenticeship occupations. This means
any occupation that represents fewer than 10 percent of pro-
grams under the national apprenticeship system.
• National apprenticeship system. This means apprentice-
ships, youth apprenticeships, and pre-apprenticeships that
meet the standards of this Act and are registered.
• Program participants. This mean apprentices, youth ap-
prentices, or pre-apprentices.
• Recognized postsecondary credentials. This has the same
meaning as such term is defined in WIOA, except that the defi-
nition in this Act does not include the certificate of completion
of an apprenticeship program.
• Registration agency. This means the agency that is respon-
sible for registering programs under the national apprentice-
ship system, whether an SAA, SOA, or the OA.
Section 3. Programs under the national apprenticeship sys-
tem
This section ensures that any funds appropriated under the Act
are used only for programs under the national apprenticeship sys-
tem.
Section 4. Transition provisions
This section provides for an orderly transition between the exist-
ing law and the amendments made by the National Apprenticeship
Act of 2020.
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Section 5. Disaggregation of data
This section ensures data disaggregation will not occur when
such disaggregation would result in the release of personally iden-
tifiable information.
Section 6. Relation to other laws
This section provides that nothing in this Act invalidates or lim-
its the remedies, rights, and procedures under any federal law or
the law of any state or political subdivision of any state or jurisdic-
tion that provides greater or equal protection for individuals based
on race, color, religion, national origin, sex, sexual orientation, age,
genetic information, or disability than are afforded by this Act.
Section 111. The Office of Apprenticeship
This section codifies the OA within the Employment and Train-
ing Administration of the DOL, specifies that it is to be headed by
an Administrator, and outlines the responsibilities of the OA,
which include:
• engaging in promotional and awareness activities with
stakeholders to expand programs under the national appren-
ticeship system;
• providing technical assistance to SAAs and programs for
compliance, complaints, program development, grant delivery
and execution, and sharing of best practices;
• cooperating with the Secretary of Education by providing
technical assistance to states and supporting the stackability
and portability of academic credit and credentials earned as
part of such programs, including through articulation agree-
ments and career pathways;
• establishing and overseeing an SOA in states without an
SAA;
• reviewing the standards for the registration process and
apprenticeable occupations for programs under the national ap-
prenticeship system. This includes the establishment and over-
sight of industry-recognized apprenticeable occupation stand-
ards for apprenticeable occupations that could be used by any
sponsors across the country; however, this does not include
IRAPs, which have been promoted by the DOL under this Ad-
ministration. The Act requires that, within one year and after
consultation with industry and expert stakeholders, the Sec-
retary issue regulations regarding standards and requirements
for apprenticeable occupations;
• promoting diversity of apprenticeship programs and ensur-
ing equal opportunity for participation in programs under the
national apprenticeship system, including through supporting
the recruitment of nontraditional apprenticeship populations
like women, people of color, and individuals with barriers to
employment; and
• consulting with the Advisory Committee.
This section also requires the OA to establish a single data col-
lection system to support the collection of performance data and to
provide a publicly accessible website with information on programs
under the national apprenticeship system, including available pro-
gram offerings, program performance, and program credentials.
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Section 112. National Advisory Committee on Apprenticeships
This section codifies the Advisory Committee within the DOL to
advise the Secretary on policies, regulations, improving efficiencies,
and the establishment of nontraditional apprenticeable occupa-
tions. It states that the Advisory Committee shall have 27 mem-
bers appointed by the Secretary and designates as ex officio rep-
resentatives from several federal agencies. This section delineates
the categories of participants, establishes staggered four-year
terms, and sets the frequency of meetings.
Section 113. State Apprenticeship Agencies and State Offices
of Apprenticeship
This section codifies the requirements to recognize SAAs, author-
izes SAAs to approve programs under the national apprenticeship
system within their state, and authorizes SAAs to establish and
use a state apprenticeship council. This section requires SAAs and
SOAs to submit a state plan to the Administrator that describes
how the SAA or SOA will:
• provide technical assistance to sponsors, employers, pro-
gram participants, and relevant stakeholders;
• provide reciprocity of programs under the national appren-
ticeship system within 30 days;
• promote diversity and equal opportunity in programs
under the national apprenticeship system within their state;
• resolve complaints from program participants, employers,
sponsors, or other interested parties;
• establish state apprenticeship hubs to act as regional cen-
ters for best practices and program expansion;
• establish state performance goals, including goals on diver-
sity within apprenticeship programs within the state and sup-
port the recruitment of nontraditional apprenticeship popu-
lations;
• describe the alignment of workforce activities with the
state’s apprenticeship activities, including the state’s strategic
vision for an educated and skilled workforce, and a strategy for
joint planning, alignment, coordination, and leveraging of
funds with state and federal programs, as is done in WIOA and
Perkins CTE; and
• describe how apprenticeship programs will receive expe-
dited consideration to be included on the list of eligible pro-
viders of training services under Section 122(d) of WIOA.77
This section dedicates funding for SAAs and SOAs, authorized at
$75 million in FY 2021 and increasing by $10 million annually to
reach $115 million in FY 2025, with one-third of the funds equally
distributed to all states and outlying areas and two-thirds of the
funds distributed via formula to SAAs. This section also directs
how these funds can be used, including for program administration;
educational alignment (not less than 10 percent); workforce align-
ment (not less than 10 percent); and state leadership activities (no
more than 15 percent), which includes requirements for using fund-
ing for increasing diversity within the programs offered and popu-
lations participating in the state.
77 29 U.S.C. 3122(d).
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Sec. 114. Interagency agreement with Department of Edu-
cation
This section requires the Secretaries of Labor and Education to
enter into an interagency agreement to promote and support inte-
gration and alignment among secondary, postsecondary, and adult
education with programs under the national apprenticeship system.
This section also sets out the activities the interagency agreement
must include:
• aligning youth apprenticeship programs and high school
graduation requirements;
• creating an apprenticeship college consortium or network
of higher education institutions, apprenticeship program in-
structors, sponsors, qualified intermediaries, and employers to
promote stronger connections between programs under the na-
tional apprenticeship system and participating 2- and 4-year
postsecondary educational institutions;
• developing and disseminating best practices; and
• establishing a data sharing agreement.
Section 121. Apprenticeable occupations standards
This section codifies the requirements for apprenticeable occupa-
tion qualifications and authorizes industry-recognized
apprenticeable occupations overseen by the Secretary.
Section 122. Quality standards of programs under the na-
tional apprenticeship system
This section sets the standards for apprenticeship, pre-appren-
ticeship, and youth apprenticeship programs. The standards re-
quire that all programs under the national apprenticeship system:
• provide organized and clearly written plans for related in-
struction, alignment of the program to high-skill, high-wage, or
in-demand industry sectors and occupations, mentoring, and
recognized postsecondary credentials;
• meet required safety standards and training, including
providing necessary accommodations, free from discrimination,
including harassment and retaliation;
• maintain all necessary records, including for veterans and
eligible individuals to use educational benefits for programs
under the national apprenticeship system;
• provide all individuals with equal opportunity to partici-
pate in programs under the national apprenticeship system;
• provide an apprenticeship agreement and a certificate of
completion for each program participant; and
• provide a ratio of apprentices to supervisors based on the
occupation, best practices, supervision, safety, relative hazards
of the occupation, and employment continuity.
The standards specific to apprenticeship programs include:
• an organized and clearly written plan addressing the on-
the-job learning and related instruction the apprentices will re-
ceive, including whether the program will be time-based, com-
petency-based, or a hybrid of the two models;
• a schedule of progressively increasing wages to be paid to
apprentices and the program’s term of apprenticeship;
• ongoing evaluation of skill and competency development,
including an expected timeline for such evaluation;
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• an award of advanced standing or credit for eligible indi-
viduals, including veterans’ service-acquired skills and com-
petencies;
• minimum qualifications for participants; and
• any interim credentials awarded.
The standards for pre-apprenticeship programs, which prepare
individuals to meet the requirements to enter an apprenticeship
program, include:
• a formal agreement with at least one apprenticeship pro-
gram to inform the training and education needed as part of
the pre-apprenticeship program; and
• career exposure, career planning, and career awareness ac-
tivities.
The standards for youth apprenticeship programs are intended to
prepare students who are currently enrolled in high school for
entry into an apprenticeship program, further education, or em-
ployment upon completion of the youth apprenticeship program
and graduation, and include:
• a clearly defined plan for classroom-based related instruc-
tion and on-the-job learning similar to the apprenticeship
standards, which can be fulfilled through dual or concurrent
enrollment that is, to the extent practicable, aligned to high
school diploma requirements;
• a schedule of progressively increasing wages to be paid to
youth apprentices and the program’s terms of the youth ap-
prenticeship;
• awarding advanced standing or credit for eligible individ-
uals;
• minimum qualifications for participants; and
• any interim credentials awarded.
Section 123. Apprenticeship agreement
This section codifies the requirements for the apprenticeship
agreement between the program sponsor and the apprentice, pre-
apprentice, or youth apprentice. These agreements contain the pro-
gram standards under Section 122, including:
• a description of the time-based, competency-based, or hy-
brid model;
• a description of the related instruction, including the hours
and related costs such as equipment and related instruction,
and the recognized postsecondary credentials the program par-
ticipants would receive;
• a schedule of the work processes;
• the graduated wage scale, benefits, and how such wages
and benefits compare to the state, local, or regional wages for
apprentices or youth apprentices; and
• a demonstrated commitment to ensuring equal opportunity
for participation in programs under the national apprentice-
ship system, including through supporting the recruitment of
nontraditional apprenticeship populations like women, people
of color, and individuals with barriers to employment.
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Section 124. Registration of programs under the national ap-
prenticeship system
This section codifies the process for registering programs under
the national apprenticeship system, including the information that
is required of the registration agency, the registration approval
process, and the process for modifications or changes to programs
once registered.
Sec. 131. Apprenticeship program evaluations
This section requires that the registration agencies collect data
on performance accountability indicators for all programs they have
registered, which include the core performance accountability indi-
cators required under WIOA and program completion rates. Each
SAA or SOA must annually submit a performance report to the Ad-
ministrator, which contains the following information,
disaggregated by program type (apprenticeship, pre-apprenticeship,
youth apprenticeship) and by the disaggregated fields as required
in WIOA, including:
• the levels of performance for programs in the state as com-
pared to the state performance goals;
• the sponsor’s performance on ensuring diversity and equal
opportunity as compared to the working age population in the
recruitment area of the program;
• the percentage of program participants that obtain unsub-
sidized employment in a field related to the apprenticeable oc-
cupation;
• the average time to completion;
• the average cost per participant;
• the percentage of program participants that received sup-
portive services; and
• information on state uses of funds.
This section codifies the existing requirement that registration
agencies conduct reviews of each program they have registered at
least once every five years. Registration agencies can provide tech-
nical assistance to program sponsors that need assistance in:
• meeting the state goals for diversity and equal oppor-
tunity;
• developing a program improvement plan if the program is
not in operation or complying with the requirements of the Act;
or
• achieving the state goals for levels of performance.
The registration agency can take corrective action and may
deregister a program if:
• the sponsor consistently fails to register at least one ap-
prentice, pre-apprentice, or youth apprentice;
• the program shows a pattern of poor results on indicators
over a period of three years;
• the program does not improve in the areas set out by the
registration agency in a performance plan; or
• the sponsor does not administer the program in a manner
that complies with the program’s registration or with this Act’s
requirements.
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Sec. 132. National apprenticeship system research
This section establishes requirements for the Secretary to con-
duct research on the programs and activities related to programs
under the national apprenticeship system through an independent
entity. The research must address:
• programs’ general effectiveness related to their costs, in-
cluding through the improvement of skills and competencies,
employment, recognized postsecondary credentials, and respon-
siveness to the labor market;
• the impact of the policy changes made by the National Ap-
prenticeship Act of 2020;
• best practices for increasing nontraditional apprenticeship
populations’ participation; and
• opportunities to scale effective program models.
Sec. 141. Authorization of appropriations
This section authorizes appropriations for the OA at $50 million
in FY 2021 (an increase of $14 million from the $36 million appro-
priation in FY 2020), which increases by $10 million annually to
reach $90 million in FY 2025. It also authorizes appropriations for
the Interagency Agreement at $10 million in FY 2021, which in-
creases by $2 million annually to reach $18 million in FY 2025.
Sec. 201. Grant requirements
This section authorizes the Administrator to award grants to eli-
gible entities for the purpose of:
• engaging in creation and expansion activities, including
creating new apprenticeships in nontraditional apprenticeship
industries or occupations or expanding existing programs for
apprenticeships, pre-apprenticeships, and youth apprentice-
ships;
• encouraging employer participation in the national appren-
ticeship system, including:
» targeting individuals with barriers to employment for
participation, prioritizing nontraditional apprenticeship
populations such as women, minorities, long-term unem-
ployed, individuals with a disability, individuals with sub-
stance abuse issues, veterans, military spouses, individuals
experiencing homelessness; individuals impacted by the
criminal or juvenile justice systems, and foster and former
foster youth;
» providing opportunities in high-need social service-re-
lated industries, sectors, or occupations, such as direct care
workers and early childhood educators;
» targeting individuals currently or recently incarcer-
ated; or
» supporting small- and medium-sized employers;
• supporting intermediaries, including:
» national industry intermediaries to expand programs
under the national apprenticeship system in key sectors
such as manufacturing, information technology, cyber se-
curity, health care, insurance and finance, energy, hospi-
tality, retail, construction, and other sectors identified by
the Secretary and the Advisory Committee;
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» equity intermediaries to support nontraditional ap-
prenticeship populations such as women, minorities, indi-
viduals with disabilities, and individuals impacted by the
criminal or juvenile justice systems; or
» local or regional intermediaries to promote and ex-
pand programs through training or related instruction, en-
gagement with local education providers to align with ap-
prenticeship programs, providing participants with access
to supportive services, and providing technical assistance
for sponsors; and
• strengthening alignment between programs under the na-
tional apprenticeship system with education and training pro-
viders at the secondary and postsecondary levels.
This section establishes the duration of grants and the require-
ment for grantees to match no less than 25 percent of the grant
funds. The eligible entity may make the matching funds available
directly or through donations from non-federal, public, or private
organizations, in cash or in kind. This requirement may be waived
for exceptional circumstances. This section requires the
prioritization of grant awards for eligible entities proposing to
serve a high number or high proportion of nontraditional appren-
ticeship populations as well as the geographically diverse distribu-
tion of awards. It also requires the demonstration of partnerships
with stakeholders to be eligible for a grant, including an industry
or sector partnership to the extent practicable.
This section establishes the grant application requirements, in-
cluding a description of:
• the ability of the eligible entity to carry out the grant re-
quirements;
• a labor market analysis for the geographic area that is
being served by the grant;
• a description of potential program participants and strate-
gies to support recruitment, retention, and completion, includ-
ing for nontraditional apprenticeship populations and individ-
uals with barriers to employment, and strategies to recruit and
support employers;
• a plan to:
» comply with evaluation requirements;
» coordinate activities across various federal programs
including Perkins CTE, the Elementary and Secondary
Education Act of 1965,78 the Higher Education Act of
1965,79 and WIOA;
» use funds for this grant and continue the program
after the grant period ends; and
» recruit and retain program participants, including
from nontraditional populations, and how this plan will
support the eligible entity in meeting the equal oppor-
tunity requirements of this Act; and
• additional requirements based on the activities being car-
ried out by the eligible entity.
78 20 U.S.C. 6301.
79 20 U.S.C. Chapter 28.
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Section 202. Uses of funds
This section establishes eligible uses of grant funds based on ac-
tivities being carried out by the eligible entity, and it requires that
at least five percent of all grant funds awarded be reserved for pro-
viding emergency grants to program participants to support their
financial needs to enter, remain enrolled in, and complete such pro-
gram, including, for example, support for the related costs of sup-
plies and equipment, courses, transportation, child care, or hous-
ing.
Section 203. Grant evaluations
This section establishes that each grant recipient must conduct
an annual independent evaluation of the activities conducted under
the grant and submit it to the registration agency and Secretary.
The annual report requirements mirror the evaluation require-
ments from Title I of the amendments to the National Apprentice-
ship Act as well as a description of how grant funds were used and
how many program participants were served by the grant.
Section 204. Grant appropriations
This section authorizes appropriations to carry out the grant ac-
tivities at $400 million in FY 2021 and increases by $100 million
annually to reach $800 million in FY 2025.
Section 4. Conforming amendments
This section modifies a current provision of the Immigration and
Nationality Act that directs 50 percent of H–1B visa fees collected
by the U.S. Government to the DOL for job training programs to
be used for the Modernizing the National Apprenticeship System
for the 21st Century Grants.
EXPLANATION OF AMENDMENTS
The amendments, including the Amendment in the Nature of a
Substitute, are explained in the descriptive portions of this report.
APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
Pursuant to section 102(b)(3) of the Congressional Accountability
Act, Pub. L. No. 104–1, H.R. 8294, as amended, does not apply to
terms and conditions of employment or to access to public services
or accommodations within the legislative branch.
UNFUNDED MANDATE STATEMENT
Pursuant to Section 423 of the Congressional Budget and Im-
poundment Control Act (as amended by section 101(a)(2) of the Un-
funded Mandates Reform Act, Pub. L. No. 104–4), H.R. 8294, as
amended, contains no unfunded mandates.
EARMARK STATEMENT
In accordance with clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 8294, as amended, does not contain any
congressional earmarks, limited tax benefits, or limited tariff bene-
fits as described in clauses 9(e), 9(f), and 9(g) of rule XXI.
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ROLL CALL VOTES
In compliance with clause 3(b) of rule XIII of the Rules of the
House of Representatives, the Committee advises that the following
roll call votes occurred during the Committee’s consideration of
H.R. 8294:
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Insert offset folio 90 here HR567P1.009
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Insert offset folio 91 here HR567P1.010
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Insert offset folio 92 here HR567P1.011
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STATEMENT OF PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause (3)(c) of rule XIII of the Rules of the House
of Representatives, the goals of H.R. 8294 are to increase the num-
ber of apprenticeship opportunities by nearly one million above the
current baseline by authorizing grant funding; codifying standards
for RAs, pre-apprenticeships and youth apprenticeships; safe-
guarding the welfare of apprentices; and providing educational
alignment among secondary, postsecondary, and adult education
with programs under the national apprenticeship system.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
of Representatives, the Committee states that no provision of H.R.
8294, as amended, establishes or reauthorizes a program of the fed-
eral government known to be duplicative of another federal pro-
gram, a program that was included in any report from the Govern-
ment Accountability Office to Congress pursuant to section 21 of
Pub. L. No. 111–139, or a program related to a program identified
in the most recent Catalog of Federal Domestic Assistance.
HEARINGS
Pursuant to section 103(i) of H. Res. 6 for the 116th Congress,
the following hearings were used to develop H.R. 8294.
On March 27, 2019, the HEWI Subcommittee held a hearing en-
titled ‘‘Innovations in Expanding Registered Apprenticeship Pro-
grams’’ that was used to develop H.R. 8294. This hearing explored
expanding RAs, which combine on-the-job training and work-based
learning opportunities. The HEWI Subcommittee heard testimony
from an intermediary, apprenticeship sponsors, and a provider of
related instruction to share their models for RAs in both traditional
and nontraditional industries, such as insurance and technology.
The witnesses were: Ms. Jennifer Carlson, Executive Director,
Apprenti, Seattle, WA; Mr. James G. Pavesic, Director of Education
and Training, United Association of Journeymen and Apprentices
of the Plumbing, Pipefitting and Sprinkler Fitting Industry of the
United States and Canada, Annapolis, MD; Mr. Mark Hays, Vice
Chancellor of Workforce and Economic Development, Dallas County
Community College District, Dallas, TX; and Ms. Bridget Gainer,
Vice President of Global Public Affairs, Aon, Chicago, IL.
On July 16, 2019, the HEWI Subcommittee held a bipartisan
hearing entitled ‘‘Scaling Up Apprenticeships: Building on the Suc-
cess of International Apprenticeship Models’’ that was used to de-
velop H.R. 8294. This hearing explored the features of effective ap-
prenticeship models in Switzerland, Germany, and Australia, and
it provided insights on best practices that can be successfully ap-
plied in the United States. The witnesses were: Mr. Tim Bradley,
Counsellor for Industry, Science and Education, Department of
Education, Embassy of Australia, Washington, DC; Dr. Silvia
Annen, Senior Researcher, BIBB-Federal Institute for Vocational
Education and Training, Bonn, Germany; and Dr. Simon Marti,
Head of Office, SwissCore, Brussels, Belgium.
On November 20, 2019, the HEWI Subcommittee held a hearing
entitled ‘‘Examining the Policies and Priorities of the Labor Depart-
ment’s Apprenticeship Program’’ that was used to develop H.R.
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8294. This hearing examined the DOL activities and expenditures
related to RAs and probed the DOL’s actions to misdirect appro-
priated funds into its IRAP proposal. The witness was Mr. John
Pallasch, Assistant Secretary of the Employment and Training Ad-
ministration, U.S. Department of Labor, Washington, DC.
On March 4, 2020, the HEWI Subcommittee held a bipartisan
hearing entitled ‘‘Reauthorizing the National Apprenticeship Act:
Strengthening and Growing Apprenticeships for the 21st Century’’
that was used to develop H.R. 8294 and included consideration of
a discussion draft of the legislation. Current stakeholders in the
RA system discussed the need for reauthorization of the National
Apprenticeship Act and how a reauthorization, as outlined in the
discussion draft of the legislation, could improve stakeholders’ abil-
ity to better serve both apprentices and employers. The witnesses
were: Ms. Tiffany P. Robinson, Secretary, Maryland Department of
Labor, Baltimore, MD; Ms. Morna K. Foy, Ph.D., President, Wis-
consin Technical College System, Madison, WI; Ms. Jace Noteboom,
Talent Director, IBM Systems, Armonk, NY; and Mr. Daniel
Bustillo, Executive Director, Healthcare Career Advancement Pro-
gram, New York, NY.
STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF
THE COMMITTEE
In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the Commit-
tee’s oversight findings and recommendations are reflected in the
descriptive portions of this report.
NEW BUDGET AUTHORITY AND CBO COST ESTIMATE
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
of Representatives and section 308(a) of the Congressional Budget
Act of 1974, and pursuant to clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the Congres-
sional Budget Act of 1974, the Committee has received the fol-
lowing estimate for H.R. 8294 from the Director of the Congres-
sional Budget Office:
U.S. CONGRESS,
CONGRESSIONAL BUDGET OFFICE,
Washington, DC, November 4, 2020.
Hon. BOBBY SCOTT,
Chairman, Committee on Education and Labor,
House of Representatives, Washington, DC.
DEAR MR. CHAIRMAN: The Congressional Budget Office has pre-
pared the enclosed cost estimate for H.R. 8294, the National Ap-
prenticeship Act of 2020.
If you wish further details on this estimate, we will be pleased
to provide them. The CBO staff contact is Meredith Decker.
Sincerely,
PHILLIP L. SWAGEL,
Director.
Enclosure.
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The bill would
• Authorize appropriations for the Department of Labor
(DOL) to fund apprenticeship programs
• Direct DOL to conduct studies and issue guidance on ap-
prenticeship standards of practice
Estimated budgetary effects would primarily stem from
• Spending of specified authorizations of appropriations for
apprenticeship programs through DOL
Bill summary: H.R. 8294 would authorize the Department of
Labor (DOL) to award grants to eligible entities for apprenticeship
programs. The bill would codify the structure and responsibilities
of the Office of Apprenticeship and the National Advisory Com-
mittee on Apprenticeship within DOL and authorize appropriations
for those activities. Standards for registered apprenticeship pro-
grams would be set in statute. The bill also would direct DOL to
hire an independent research entity to evaluate apprenticeship pro-
grams. Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 8294 would cost $3.1 billion over
the 2021–2025 period.
Estimated Federal cost: The estimated budgetary effect of H.R.
8294 is shown in Table 1. The costs of the legislation fall within
budget function 500 (education, employment, training, and social
services).
TABLE 1.—ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 8294
By fiscal year, millions of dollars—
2021–
2021 2022 2023 2024 2025 2025
Administrative Activities:
Authorization ........................................................................... 135 157 179 201 223 895
Estimated Outlays .................................................................. 14 103 140 168 192 617
Apprenticeship Grants:
Authorization ........................................................................... 400 500 600 700 800 3,000
Estimated Outlays .................................................................. 40 480 580 630 725 2,455
Total Changes:
Authorization ......................................................... 535 657 779 901 1,023 3,895
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TABLE 1.—ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R.
8294—Continued
By fiscal year, millions of dollars—
2021–
2021 2022 2023 2024 2025 2025
Estimated Outlays ................................................ 54 583 720 798 917 3,072
CBO estimates that enacting H.R. 8294 would have an insignificant effect on direct spending.
Basis of estimate: For this estimate, CBO assumes that H.R.
8294 will be enacted early in fiscal year 2021 and that authorized
amounts will be appropriated over the 2021–2025 period. Esti-
mated outlays are based on spending patterns for similar pro-
grams.
Spending subject to appropriation
H.R. 8294 would authorize appropriations of $3.9 billion over the
2021–2025 period. CBO estimates that spending would total $3.1
billion over that period.
Administrative activities. Title I would codify DOL as the admin-
istrator of a national apprenticeship system and direct the agency
to collect data and evaluate programs. The bill would authorize ap-
propriations totaling $895 million over the 2021–2025 period for
those purposes. CBO estimates that outlays would total $617 mil-
lion over the same period and $260 million after 2025. The bill also
would direct DOL to contract with an independent entity to evalu-
ate the efficacy of apprenticeship programs, at a cost that CBO es-
timates would be insignificant over the 2021–2025 period.
Apprenticeship grants. H.R. 8294 would authorize appropriations
totaling $3 billion for DOL to award grants to eligible entities to
create and promote apprenticeships. CBO estimates that the re-
sulting outlays would total $2.5 billion over the 2021–2025 period
and $0.5 billion after 2025.
Direct spending
Enacting H.R. 8294 would have insignificant effects on direct
spending for the Department of Veterans Affairs and the Depart-
ment of Labor.
Department of Veterans Affairs. H.R. 8294 would require state
agencies to use money authorized under the bill to support the en-
rollment of people who are eligible for education benefits adminis-
tered by the Department of Veterans Affairs. The costs of those
benefits are paid from mandatory appropriations. CBO expects that
some people who are eligible for those benefits would newly use
them for apprenticeship programs and that others, who otherwise
would have used their benefits to enroll in postsecondary education
programs (which typically would be more costly), would instead use
them for apprenticeship programs. CBO estimates that the net
changes in outlays under H.R. 8294 would not significantly affect
direct spending over the 2021–2030 period.
Department of Labor. Under current law, DOL spends a portion
of funds collected through H–1B visa fees on job training and cer-
tain demonstration projects. The bill would state that those funds
are to be spent on registered apprenticeship programs instead.
CBO estimates that the resulting change in outlays over the 2021–
2030 period would be insignificant.
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Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act
of 2010 establishes budget-reporting and enforcement procedures
for legislation affecting direct spending or revenues. As discussed
above under the heading ‘‘Direct Spending’’ those effects would be
insignificant.
Increase in long-term deficits: None.
Mandates: None.
Estimate prepared by: Federal Costs: Meredith Decker and
Susan Yeh Beyer (Department of Labor), Paul B.A. Holland (De-
partment of Veterans Affairs); Mandates: Fiona Forrester.
Estimate reviewed by: Sheila Dacey, Chief, Income Security and
Education Cost Estimates Unit; David Newman, Chief, Defense,
International Affairs, and Veterans’ Affairs Cost Estimates Unit;
H. Samuel Papenfuss, Deputy Director of Budget Analysis; Theresa
Gullo, Director of Budget Analysis.
COMMITTEE COST ESTIMATE
Clause 3(d)(1) of rule XIII of the Rules of the House of Rep-
resentatives requires an estimate and a comparison of the costs
that would be incurred in carrying out H.R. 8294. However, clause
3(d)(2)(B) of that rule provides that this requirement does not
apply when the committee has included in its report a timely sub-
mitted cost estimate of the bill prepared by the Director of the Con-
gressional Budget Office under section 402 of the Congressional
Budget Act of 1974. Pursuant to clause 3(d)(1) of rule XIII, the
Committee adopts as its own the cost estimate prepared by the Di-
rector of the Congressional Budget Office pursuant to section 402
of the Congressional Budget Act of 1974.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
H.R. 8294, as reported, are shown as follows:
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
and existing law in which no change is proposed is shown in
roman):
ACT OF AUGUST 16, 1937
AN ACT To enable the Department of Labor to formulate and promote the further-
ance of labor standards necessary to safeguard the welfare of apprentices and to
cooperate with the States in the promotion of such standards.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, øThat the Sec-
retary of Labor is hereby authorized and directed to formulate and
promote the furtherance of labor standards necessary to safeguard
the welfare of apprentices, to extend the application of such stand-
ards by encouraging the inclusion thereof in contracts of appren-
ticeship, to bring together employers and labor for the formulation
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of programs of apprenticeship, to cooperate with State agencies en-
gaged in the formulation and promotion of standards of apprentice-
ship, and to cooperate with the National Youth Administration and
with the Office of Education of the Department of the Interior in
accordance with section 6 of the Act of February 23, 1917 (39 Stat.
932), as amended by Executive Order Numbered 6166, June 10,
1933, issued pursuant to an Act of June 30, 1932 (47 Stat. 414),
as amended. For purposes of this Act the term ‘‘State’’ shall include
the District of Columbia.¿
øSEC. 2. The Secretary of Labor may publish information relating
to existing and proposed labor standards of apprenticeship, and
may appoint national advisory committees to serve without com-
pensation. Such committees shall include representatives of em-
ployers, representatives of labor, educators, and officers of other ex-
ecutive departments, with the consent of the head of any such de-
partment.
øSEC. 3. On and after the effective date of this Act the National
Youth Administration shall be relieved of direct responsibility for
the promotion of labor standards of apprenticeship as heretofore
conducted through the division of apprenticeship training and shall
transfer all records and papers relating to such activities to the
custody of the Department of Labor. The Secretary of Labor is au-
thorized to appoint such employees as he may from time to time
find necessary for the administration of this Act, with regard to ex-
isting laws applicable to the appointment and compensation of em-
ployees of the United States: Provided, however, That he may ap-
point persons now employed in division of apprentice training of
the National Youth Administration upon certification by the Civil
Service Commission of their qualifications after nonassembled ex-
aminations.
øSEC. 4. This Act shall take effect on July 1, 1937, or as soon
thereafter as it shall be approved.¿
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘National Ap-
prenticeship Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Programs under the national apprenticeship system.
Sec. 4. Transition provisions.
Sec. 5. Disaggregation of data.
Sec. 6. Relation to other laws.
TITLE I—PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM
Subtitle A—The Office of Apprenticeship, State Registration Agency Approval
Process, and Interagency Agreement
Sec. 111. The Office of Apprenticeship.
Sec. 112. National Advisory Committee on Apprenticeships.
Sec. 113. State apprenticeship agencies and State Offices of Apprenticeship.
Sec. 114. Interagency agreement with Department of Education.
Subtitle B—Process and Standards for the National Apprenticeship System
Sec. 121. Apprenticeable occupations standards.
Sec. 122. Quality standards of programs under the national apprenticeship system.
Sec. 123. Apprenticeship agreements.
Sec. 124. Registration of programs under the national apprenticeship system.
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Subtitle C—Evaluations and Research
Sec. 131. Program evaluations.
Sec. 132. National apprenticeship system research.
Subtitle D—General Provisions
Sec. 141. Authorization of appropriations.
TITLE II—MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21st
CENTURY GRANTS
Sec. 201. Grant requirements.
Sec. 202. Uses of Funds.
Sec. 203. Grant evaluations.
Sec. 204. Grant appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Office of Apprenticeship established under
section 111(a).
(2) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’
means the National Advisory Committee on Apprenticeships es-
tablished under section 112.
(3) APPRENTICE.—The term ‘‘apprentice’’ means a program
participant in an apprenticeship program.
(4) APPRENTICESHIP AGREEMENT.—The term ‘‘apprenticeship
agreement’’ means a written agreement under section 123 be-
tween—
(A) an apprentice, a youth apprentice, or a pre-appren-
tice; and
(B) a sponsor.
(5) APPRENTICESHIP HUB.—The term ‘‘apprenticeship hub’’
means a regional or sectoral qualified intermediary recognized
by a State apprenticeship agency or a State Office of Appren-
ticeship as organizing and providing activities and services re-
lated to the development of programs under the national ap-
prenticeship system.
(6) APPRENTICEABLE OCCUPATION.—The term ‘‘apprenticeable
occupation’’ means an occupation that the Administrator has
determined meets the requirements of section 121.
(7) APPRENTICESHIP PROGRAM.—The term ‘‘apprenticeship
program’’ means a program that meets the standards described
in section 122(b) and is registered under this Act.
(8) COMPETENCY.—The term ‘‘competency’’ means the attain-
ment of knowledge, skills, and abilities in a subject area, as
specified by an occupational skill standard and demonstrated
by an appropriate written or hands-on proficiency measure-
ment.
(9) DEPARTMENT.—The term ‘‘Department’’ means the Depart-
ment of Labor.
(10) EDUCATION AND TRAINING PROVIDER.—The term ‘‘edu-
cation 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 agen-
cy;
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(F) a Tribal educational agency, Tribally controlled col-
lege or university, or Tribally controlled postsecondary ca-
reer and technical institution;
(G) a postsecondary educational institution;
(H) a minority-serving institution (as described in any of
paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)));
(I) a provider of adult education and literacy activities
under the Adult Education and Family Literacy Act (29
U.S.C. 3271 et seq.);
(J) a local agency administering plans under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that title (29 U.S.C. 732, 741);
(K) a related instruction provider, including a qualified
intermediary acting as a related instruction provider as ap-
proved by a registration agency; or
(L) a consortium of entities described in any of subpara-
graphs (A) through (K).
(11) ELIGIBLE ENTITY.—
(A) IN GENERAL.—The term ‘‘eligible entity’’ means—
(i) a program sponsor;
(ii) a State workforce development board or State
workforce agency, or a local workforce development
board or local workforce development agency;
(iii) an education and training provider, or a consor-
tium thereof;
(iv) if the applicant is in a State with a State ap-
prenticeship agency, such State apprenticeship agency;
(v) an Indian Tribe or Tribal organization;
(vi) an industry or sector partnership, a group of em-
ployers, a trade association, or a professional associa-
tion that sponsors or participates in a program under
the national apprenticeship system;
(vii) a Governor;
(viii) a labor organization or joint-labor management
organization; or
(ix) a qualified intermediary.
(B) SPONSOR REQUIREMENT.—Not fewer than one entity
under subparagraph (A) shall be the sponsor of a program
under the national apprenticeship system.
(12) INDIAN TRIBE; TRIBAL ORGANIZATION.—The terms ‘‘Indian
Tribe’’ and ‘‘Tribal organization’’ have the meaning given the
terms (without regard to capitalization) in section 4 of the In-
dian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(13) INTERIM CREDENTIAL.—The term ‘‘interim credential’’
means a credential issued by a registration agency, upon re-
quest of the appropriate sponsor, as certification of competency
attainment by a program participant during participation in a
program under the national apprenticeship system.
(14) JOURNEYWORKER.—The term ‘‘journeyworker’’ means a
worker who has attained a level of skill, abilities, and com-
petencies recognized within an industry as having mastered the
skills and competencies required for the occupation.
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(15) NATIONAL APPRENTICESHIP SYSTEM.—The term ‘‘national
apprenticeship system’’ means the apprenticeship programs,
youth apprenticeship programs, and pre-apprenticeship pro-
grams that meet the requirements of this Act.
(16) NONTRADITIONAL APPRENTICESHIP POPULATION.—The
term ‘‘nontraditional apprenticeship population’’ means a group
of individuals (such as a group of individuals from the same
gender or race), the members of which comprise fewer than 25
percent of the program participants in an apprenticeable occu-
pation under the national apprenticeship system.
(17) NONTRADITIONAL APPRENTICESHIP INDUSTRY OR OCCUPA-
TION.—The term ‘‘nontraditional apprenticeship industry or oc-
cupation’’ refers to an industry sector or occupation that rep-
resents fewer than 10 percent of apprenticeable occupations or
the programs under the national apprenticeship system.
(18) PRE-APPRENTICE.—The term ‘‘pre-apprentice’’ means a
program participant in a pre-apprenticeship program.
(19) PRE-APPRENTICESHIP PROGRAM.—The term ‘‘pre-appren-
ticeship program’’ means a training model or program that—
(A) prepares individuals for acceptance into an appren-
ticeship program;
(B) meets the standards described in section 122(c); and
(C) is registered under this Act.
(20) PROGRAM PARTICIPANT.—The term ‘‘program participant’’
means an apprentice, a pre-apprentice, or a youth apprentice.
(21) QUALIFIED INTERMEDIARY.—
(A) IN GENERAL.—The term ‘‘qualified intermediary’’
means an entity that demonstrates expertise in building,
connecting, sustaining, and measuring the performance of
partnerships described in subparagraph (B) and serves pro-
gram participants and employers by—
(i) connecting employers to programs under the na-
tional 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 admin-
istrators in meeting the registration and reporting re-
quirements of this Act;
(iv) providing professional development activities
such as training to mentors;
(v) connecting students or workers to programs under
the national apprenticeship system;
(vi) developing and providing personalized program
participant supports, including by partnering with or-
ganizations to provide access to or referrals for sup-
portive 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 sub-
paragraph (A)’’ means partnerships among entities involved
in programs under the national apprenticeship system, in-
cluding—
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(i) industry or sector partnerships;
(ii) partnerships among employers, joint labor-man-
agement organizations, labor organizations, commu-
nity-based organizations, industry associations, State
or local workforce development boards, education and
training providers, social service organizations, eco-
nomic development organizations, Indian Tribes or
Tribal organizations, one-stop operators, or one-stop
partners, in the State workforce development system; or
(iii) partnerships among one or more of the entities
described in clauses (i) and (ii).
(22) RECOGNIZED POSTSECONDARY CREDENTIAL.—The term
‘‘recognized postsecondary credential’’ has the meaning given
the term in section 3 of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3102), except that such term does not in-
clude a certificate of completion of an apprenticeship.
(23) REGISTRATION AGENCY.—The term ‘‘registration agency’’
means the State Office of Apprenticeship or State apprentice-
ship agency in a State that is responsible for—
(A) approving or denying applications from sponsors for
registration of programs under the national apprenticeship
system in the State or area covered by the registration
agency; and
(B) carrying out the responsibilities of supporting the
youth apprenticeship, pre-apprenticeship, or apprenticeship
programs registered by the registration agency.
(24) RELATED INSTRUCTION.—The term ‘‘related instruction’’
means an organized and systematic form of instruction that
meets the requirements of section 122(b)(1)(C).
(25) RELATED FEDERAL PROGRAMS.—The term ‘‘related Fed-
eral programs’’ means programs or activities under the fol-
lowing:
(A) The Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.), including adult education and literacy
activities under such Act.
(B) The Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(C) The Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.).
(D) The Higher Education Act of 1965 (20 U.S.C. 1001
et seq.).
(E) The Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
(F) Title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.).
(G) Title V of the Older Americans Act of 1965 (42 U.S.C.
3056 et seq.).
(H) Career and technical education programs at the post-
secondary level under the Carl D. Perkins Career and Tech-
nical 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.).
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(L) Employment and training activities carried out by the
Department of Housing and Urban Development.
(M) State unemployment compensation laws (in accord-
ance with applicable Federal law).
(N) Section 231 of the Second Chance Act of 2007 (34
U.S.C. 60541).
(O) Part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.).
(P) Employment and training programs carried out by
the Small Business Administration.
(Q) Section 6(d)(4) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(d)(4)).
(R) Educational assistance programs under chapters 30
through 36 of title 38, United States Code.
(26) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Labor.
(27) SPONSOR.—The term ‘‘sponsor’’ means an employer, joint
labor-management organization, trade association, professional
association, labor organization, education and training pro-
vider, or qualified intermediary that is applying to administer
and operate a program under the national apprenticeship sys-
tem.
(28) STATE APPRENTICESHIP AGENCY.—The term ‘‘State ap-
prenticeship agency’’ means a State agency recognized as a
State apprenticeship agency under section 113.
(29) STATE APPRENTICESHIP COUNCIL.—The term ‘‘State ap-
prenticeship council’’ means an entity established under section
113(b)(3) to assist the State apprenticeship agency.
(30) STATE OFFICE OF APPRENTICESHIP.—The term ‘‘State of-
fice of apprenticeship’’ means the office designated by the Ad-
ministrator to administer programs under the national appren-
ticeship system in such State and meets the requirements of sec-
tion 111(b)(3).
(31) STATE OR LOCAL WORKFORCE DEVELOPMENT BOARDS.—
The terms ‘‘State workforce development board’’ and ‘‘local
workforce development board’’ have the meanings given the
terms ‘‘State board’’ and ‘‘local board’’, respectively, in section 3
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
(32) STATE WORKFORCE AGENCY.—The term ‘‘State workforce
agency’’ means the State agency with responsibility for work-
force investment activities under chapters 2 and 3 of subtitle B
of title I of the Workforce Innovation and Opportunity Act (29
U.S.C. 3121 et seq., 3131 et seq.).
(33) CTE TERMS.—The terms ‘‘area career and technical edu-
cation school’’, ‘‘articulation agreement’’, ‘‘credit transfer agree-
ment’’, ‘‘postsecondary educational institution’’, ‘‘Tribally con-
trolled college or university’’, ‘‘Tribally controlled postsecondary
career and technical institution’’, and ‘‘work-based learning’’
have the meanings given in section 3 of the Carl D. Perkins Ca-
reer and Technical Education Act of 2006 (20 U.S.C. 2302).
(34) ESEA TERMS.—The terms ‘‘dual or concurrent enroll-
ment program’’, ‘‘early college high school’’, ‘‘education service
agency’’, ‘‘high school’’, ‘‘local educational agency’’, ‘‘paraprofes-
sional’’, and ‘‘State educational agency’’ have the meanings
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given in section 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801).
(35) TRIBAL EDUCATIONAL AGENCY.—The term ‘‘Tribal edu-
cational agency’’ has the meaning given the term in section
6132 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7452).
(36) WIOA TERMS.—The terms ‘‘career pathway’’, ‘‘in-demand
industry sector or occupation’’, ‘‘individual with a barrier to em-
ployment’’, ‘‘industry or sector partnership’’, ‘‘labor market
area’’, ‘‘local area’’, ‘‘one-stop center’’, ‘‘one-stop operator’’, ‘‘one-
stop partner’’, ‘‘State’’, ‘‘supportive services’’ and ‘‘workforce de-
velopment system’’ have the meanings given in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(37) YOUTH APPRENTICE.—The term ‘‘youth apprentice’’ means
a participant in a youth apprenticeship program.
(38) YOUTH APPRENTICESHIP PROGRAM.—The term ‘‘youth ap-
prenticeship program’’ means a model or program that meets
the standards described in section 122(d) and is registered
under this Act.
SEC. 3. PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM.
Any funds appropriated under this Act shall only be used for, or
provided to, programs under the national apprenticeship system, in-
cluding any funds awarded for the purposes of grants, contracts, or
cooperative agreements, or the development, implementation, or ad-
ministration, of program under the national apprenticeship system.
SEC. 4. TRANSITION PROVISIONS.
The Secretary shall take such steps as are necessary to provide for
the orderly transition to the authority of this Act (as amended by
the National Apprenticeship Act of 2020) from any authority under
the Act of August 16, 1937 (commonly referred to as the ‘‘National
Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.),
as in effect on the day before the date of enactment of the National
Apprenticeship Act of 2020.
SEC. 5. DISAGGREGATION OF DATA.
The disaggregation of data under this Act shall not be required
when the number of program participants in a category is insuffi-
cient to yield statistically reliable information or when the results
would reveal personally identifiable information about a program
participant or would reveal such information when combined with
other released information.
SEC. 6. RELATION TO OTHER LAWS.
Nothing in this Act shall invalidate or limit the remedies, rights,
and procedures under any Federal law or the law of any State or
political subdivision of any State or jurisdiction that provides great-
er or equal protection for individuals based on race, color, religion,
national origin, sex, sexual orientation, age, genetic information, or
disability than are afforded by this Act.
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TITLE I—PROMOTING PROGRAMS
UNDER THE NATIONAL APPRENTICE-
SHIP SYSTEM
Subtitle A—The Office of Apprenticeship,
State Registration Agency Approval Proc-
ess, and Interagency Agreement
SEC. 111. THE OFFICE OF APPRENTICESHIP.
(a) ESTABLISHMENT OF THE OFFICE OF APPRENTICESHIP.—There
is established, in the Employment and Training Administration of
the Department of Labor, an Office of Apprenticeship (referred to in
this section as the ‘‘Office’’), which shall be directed by an Adminis-
trator who has demonstrated knowledge of the national apprentice-
ship system necessary to head the Office.
(b) RESPONSIBILITIES.—The Administrator shall be responsible for
the administration of this Act, including:
(1) PROMOTION AND AWARENESS ACTIVITIES.—The Adminis-
trator shall carry out promotion and awareness activities, in-
cluding the following:
(A) Supporting the development or scaling of apprentice-
ship models nationally, promoting the effectiveness of youth
apprenticeship, pre-apprenticeship, and apprenticeship pro-
grams, and providing promotional materials to State ap-
prenticeship agencies, State workforce development systems
or local workforce development systems, State educational
agencies or local educational agencies, employers, trade as-
sociations, professional associations, industry groups, labor
organizations, joint labor-management organizations, edu-
cation and training providers, Federal and State correc-
tional facilities, and prospective apprentices in such pro-
grams.
(B) Promoting greater diversity in the national appren-
ticeship system including by—
(i)(I) promoting outreach to nontraditional appren-
ticeship populations;
(II) engaging minority-serving institutions and em-
ployers from nontraditional apprenticeship industries
or occupations; and
(III) engaging small, medium-size, women-owned,
and minority-owned businesses, and employers in
high-skill, high-wage, and in-demand industry sectors
and occupations that are nontraditional apprenticeship
industries or occupations; and
(ii) supporting the participation and retention of ap-
prentices and employers described in clause (i) in the
national apprenticeship system.
(2) TECHNICAL ASSISTANCE ACTIVITIES.—The Administrator
shall carry out technical assistance activities, including the fol-
lowing:
(A) Providing technical assistance to—
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(i) assist State apprenticeship agencies and sponsors
in complying with the requirements of this Act, includ-
ing the process and standards described in subtitle B
and the evaluation and research requirements de-
scribed in subtitle C;
(ii) receive and resolve comments or complaints from
youth apprentices, pre-apprentices, or apprentices,
sponsors, employers, State apprenticeship agencies,
State local workforce agencies or local workforce agen-
cies, State educational agencies or local educational
agencies, qualified intermediaries, labor organizations,
joint labor-management organizations, or other stake-
holders;
(iii) assist sponsors, employers, qualified inter-
mediaries, and education and training or related in-
struction providers, or other entities interested in be-
coming sponsors, or seeking support for developing pro-
grams under the national apprenticeship system or ef-
fectively carrying out such programs, including pro-
viding assistance for remote or virtual learning or
training, as necessary;
(iv) assist those applying for or carrying out grants
under title II; and
(v) share, through a national apprenticeship system
clearinghouse, high-quality materials for programs
under the national apprenticeship system, such as re-
lated instruction or training materials.
(B) Cooperating with the—
(i) Secretary of Education in—
(I) providing technical assistance for the develop-
ment and implementation of related instruction
under the national apprenticeship system that is
aligned with State education systems and edu-
cation and training providers; and
(II) supporting the stackability and portability of
academic credit and credentials earned as part of
such programs, including through articulation
agreements and career pathways; and
(ii) State workforce development systems to promote
awareness of opportunities under the national appren-
ticeship system.
(3) STATE OFFICES OF APPRENTICESHIP.—
(A) ESTABLISHMENT OF OFFICES.—
(i) IN GENERAL.—The Administrator shall establish
and operate a State Office of Apprenticeship in a State
described in clause (ii) to serve as the registration
agency for such State.
(ii) APPLICABLE STATES.—A State described in this
clause is a State—
(I) in which, as of the day before the date of en-
actment of the National Apprenticeship Act of
2020, there is no State Office of Apprenticeship;
and
(II) that has not applied for recognition as a
State apprenticeship agency under section 113, or
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for which such recognition has not provided or has
been withdrawn by the Administrator under such
section.
(B) STATE PLAN REQUIREMENT.—Each State Office of Ap-
prenticeship shall be administered by a State Director who
shall prepare and submit a State plan that meets the re-
quirements of section 113(c).
(C) VACANCIES.—Subject to the availability of appropria-
tions, in the case of a State Office of Apprenticeship with
a vacant position, the Administrator shall—
(i) make information on such vacancy available on a
publicly accessible website; and
(ii) report to the Committee on Education and Labor
of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate,
on the status and length of such vacancy if such va-
cancy is not filled not later than 90 days after such po-
sition has become vacant.
(D) RULE OF CONSTRUCTION.—Nothing in this paragraph
shall be construed to prohibit any State described in sub-
paragraph (A)(ii) from establishing an agency or entity to
promote programs under the national apprenticeship sys-
tem in such State, in coordination with the State Office of
Apprenticeship operating in the State, so long as such agen-
cy or entity does not act as the registration agency in such
State.
(4) QUALITY STANDARDS, APPRENTICESHIP AGREEMENT, AND
REGISTRATION REVIEW.—In order for the Secretary, acting
through the Administrator, to support the formulation and fur-
therance of labor standards necessary to safeguard the welfare
of program participants, and to extend the application of such
standards in apprenticeship agreements, not later than 1 year
after the effective date of the National Apprenticeship Act of
2020, and at least every 3 years thereafter, the Administrator
shall review, and where appropriate, update the process for
meeting the requirements of subtitle B, including applicable
regulations and subregulatory guidance to ensure that such
process is easily accessible and efficient to bring together em-
ployers and labor as sponsors or potential sponsors of programs
under the national apprenticeship system.
(5) APPRENTICEABLE OCCUPATIONS.—
(A) EXISTING APPRENTICEABLE OCCUPATIONS.—The Ad-
ministrator shall regularly review and update the require-
ments for each apprenticeable occupation to ensure that
such requirements are in compliance with requirements
under this Act.
(B) NEW APPRENTICEABLE OCCUPATION.—
(i) IN GENERAL.—The Administrator shall review
and make a determination on whether to approve an
occupation as an apprenticeable occupation not later
than 45 days after receiving an application from a per-
son seeking such approval from the Administrator.
(ii) ESTIMATED TIMELINE.—If such determination is
not made within 45 days, the Administrator shall pro-
vide the applicant with a written explanation for the
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delay and offer an estimated timeline for a determina-
tion that does not to exceed 90 days after the date of
such written explanation.
(C) INDUSTRY RECOGNIZED OCCUPATIONAL STANDARDS.—
(i) IN GENERAL.—From the funds appropriated under
section 141(a), the Administrator shall convene, on an
ongoing basis and taking into consideration rec-
ommendations of the Advisory Committee under sec-
tion 112(d)(4), the industry sector leaders and experts
described in clause (ii) for the purposes of establishing
or updating specific frameworks of industry recognized
occupational standards for apprenticeable occupations
(including potential apprenticeable occupations) that—
(I) meet the requirements of this Act; and
(II) describe program scope and length, related
instruction, on-the-job training, recognized postsec-
ondary credentials, and competencies, and relevant
timelines for review of such frameworks.
(ii) INDUSTRY SECTOR LEADERS AND EXPERTS.—The
industry sector leaders and experts are employers, in-
dustry associations, joint labor-management organiza-
tions, labor organizations, education and training pro-
viders, credential providers, program participants, and
other stakeholders relevant to the sector or occupation
for which the frameworks are being established or up-
dated, as determined by the Administrator.
(iii) PRIORITY INDUSTRY RECOGNIZED
APPRENTICEABLE OCCUPATIONS.—In establishing
frameworks under clause (i) for the first time after the
effective date of the National Apprenticeship Act of
2020, the Administrator shall prioritize the establish-
ment of such standards in high-skill, high-wage, or in-
demand industry sectors and occupations.
(D) REGULATIONS.—Not later than one year after the date
of the enactment of the National Apprenticeship Act of
2020, the Secretary shall issue regulations that outline a
process for proactively establishing and approving stand-
ards and requirements for apprenticeable occupations in
consultation with the industry sector leaders and experts
described in subparagraph (C)(ii).
(6) PROGRAM OVERSIGHT AND EVALUATION.—The Adminis-
trator shall—
(A) monitor State apprenticeship agencies, State Offices
of Apprenticeship, grantees, and sponsors of programs
under the national apprenticeship system to ensure compli-
ance with the requirements of this Act;
(B) provide technical assistance to assist such entities
with such compliance or program performance; and
(C) conduct research and evaluation in accordance with
subtitle C.
(7) PROMOTING DIVERSITY IN THE NATIONAL APPRENTICESHIP
SYSTEM.—The Administrator shall promote diversity and en-
sure equal opportunity to participate in programs for appren-
tices, youth apprentices, and pre-apprentices, including—
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(A) taking steps necessary to promote diversity in
apprenticeable occupations under the national apprentice-
ship system, especially in high-skill, high-wage, or in-de-
mand industry sectors and occupations in areas with high
percentages of low-income individuals;
(B) ensuring programs under the national apprenticeship
system—
(i) adopt and implement policies to provide for equal
opportunity in such programs, as described in section
30.3 of title 29, Code of Federal Regulations (as in ef-
fect on January 31, 2020);
(ii) do not engage in intimidation or retaliation as
prohibited under section 30.17 of title 29, Code of Fed-
eral Regulations (as in effect on January 31, 2020);
and
(iii) are subject, for any violation of clauses (i) or (ii),
to enforcement action under this Act; and
(C) supporting the recruitment, employment, and reten-
tion of nontraditional apprenticeship populations in pro-
grams under the national apprenticeship system in high-
skill, high-wage, and in-demand industry sectors and occu-
pations, including women, people of color, individuals with
disabilities, individuals impacted by the criminal and juve-
nile justice system, and individuals with barriers to em-
ployment, as applicable.
(8) GRANT AWARDS.—The Administrator shall award grants
under title II.
(9) NATIONAL ADVISORY COMMITTEE.—The Administrator
shall—
(A) regularly consult with the National Advisory Com-
mittee on Apprenticeships under section 112; and
(B) ensure that the required recommendations and other
reports of the Advisory Committee are submitted to the Sec-
retary and transmitted to the Committee on Education and
Labor of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate.
(10) COORDINATION.—The Administrator shall coordinate
and align programs under the national apprenticeship system
with related Federal programs.
(c) INFORMATION COLLECTION AND DISSEMINATION.—The Admin-
istrator shall provide for data collection and dissemination of infor-
mation regarding programs under the national apprenticeship sys-
tem, including—
(1) not later than 1 year after the date of the enactment of the
National Apprenticeship Act of 2020, establishing and sup-
porting a single information technology infrastructure to sup-
port data collection and reporting from State apprenticeship
agencies, State Offices of Apprenticeship, grantees under title II,
program sponsors, and program administrators under the na-
tional apprenticeship system by providing for a data infrastruc-
ture that—
(A) is developed and maintained by the Administrator,
with input from national data and privacy experts, is in-
formed by best practices on public provision of credential
information, and to the extent practicable, aligns with the
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technology infrastructure for related Federal programs,
such as the technology infrastructure used under the Work-
force Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.);
(B) best meets the needs of the national apprenticeship
system stakeholders reporting data to the Administrator or
State apprenticeship agencies, including through the provi-
sion of technical assistance and financial assistance as nec-
essary to ensure reporting systems are equipped to report
into a single information technology infrastructure; and
(C) is aligned with data from the performance reviews
under section 131(b)(1)(A);
(2) providing for data sharing that includes making non-
personally identifiable apprenticeship data available on a pub-
licly accessible website that is searchable and comparable,
through the use of common, linked, open-data description lan-
guage, such as the credential transparency description language
or a substantially similar resource, so that interested parties
can become aware of apprenticeship opportunities and of pro-
gram outcomes that best meets the needs of youth apprentices,
pre-apprentices, and apprentices, employers, education and
training providers, program sponsors, and relevant stake-
holders, 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 pro-
viding opportunities under such system, including whether
programs under such system offer dual or concurrent en-
rollment programs, articulation agreements, and recognized
postsecondary credentials as part of the program offerings;
(C) information about the educational and occupational
credentials and related competencies of programs under
such system; and
(D) information based on the most recent data available
to the Office that is consistent with national standards and
practices.
SEC. 112. NATIONAL ADVISORY COMMITTEE ON APPRENTICESHIPS.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established, in the Department of
Labor, a National Advisory Committee on Apprenticeships.
(2) COMPOSITION.—
(A) APPOINTMENTS.—The Advisory Committee shall con-
sist of 27 voting members described in subparagraph (B)
appointed by the Secretary.
(B) LIST OF INDIVIDUALS.—The individuals described in
this subparagraph are—
(i) 9 representatives of employers or industry associa-
tions who participate in an apprenticeship program,
including representatives of employers representing
nontraditional apprenticeship industries or occupa-
tions, and other high-skill, high-wage, or in-demand
industry sectors or occupations, as applicable;
(ii) 9 representatives of labor organizations or joint
labor-management organizations who have responsi-
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bility for the administration of an apprenticeship pro-
gram (including those sponsored by a joint labor-man-
agement organization and from nontraditional appren-
ticeship industries or occupations), at least 1 of which
represent employees primarily in the building trades
and construction industry;
(iii) 1 representative of each from—
(I) a State apprenticeship agency;
(II) a State or local workforce development board
with significant expertise in supporting a program
under the national apprenticeship system;
(III) a community organization with significant
expertise supporting such a program;
(IV) an area career and technical education
school or local educational agency;
(V) a State apprenticeship council;
(VI) a State or local postsecondary education
and training providers that administers, or has
not less than 1 articulation agreement with an en-
tity administering, a program under the national
apprenticeship system;
(VII) a provider of an industry-recognized cre-
dential;
(VIII) a national qualified intermediary; and
(IX) an apprentice.
(C) EX OFFICIO NONVOTING MEMBERS.—The Advisory
Committee shall consist of ex officio nonvoting members
from each of the following departments, selected by the ap-
plicable Secretary—
(i) the Department of Labor;
(ii) the Department of Commerce;
(iii) the Department of Education;
(iv) the Department of Energy;
(v) the Department of Housing and Urban Develop-
ment;
(vi) the Department of Transportation;
(vii) the Department of Veterans Affairs;
(viii) the Department of Health and Human Services;
(ix) the Department of Justice; and
(x) the Department of Defense.
(D) RECOMMENDATIONS.—The Speaker of the House of
Representatives, the Minority Leader of the House of Rep-
resentatives, the Majority Leader of the Senate, and the Mi-
nority Leader of the Senate may each recommend to the
Secretary an individual described in clause (i) or (ii) of
subparagraph (B) for appointment under subparagraph (A)
who shall be subject to the requirements of paragraph (3).
(3) QUALIFICATIONS.—An individual shall be selected under
paragraph (1) on the basis of the experience and competence of
such individual with respect to programs under the national
apprenticeship system.
(4) TERMS.—
(A) IN GENERAL.—Each voting member of the Advisory
Committee shall be appointed for a term of 4 years, except
as provided in subparagraphs (B) through (D).
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(B) TERMS OF INITIAL APPOINTEES.—
(i) IN GENERAL.—The appointments of the initial
members of the Advisory Committee shall be made not
later than 90 days after the effective date of the Na-
tional Apprenticeship Act of 2020.
(ii) STAGGERING OF TERMS.—As designated by the
Secretary at the time of the appointment, of the mem-
bers first appointed—
(I) half of such members shall serve a 2-year
term; and
(II) half of such members shall serve a 4-year
term.
(C) VACANCIES.—Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member’s predecessor was appointed shall be appointed
only for the remainder of that term. A member may serve
after the expiration of that member’s term until a successor
has taken office. A vacancy in the Advisory Committee shall
be filled in the manner in which the original appointment
was made, except that such appointment shall be made not
later than 90 days after the date of the vacancy. A member
who fulfilled a partial term as the result of a vacancy may,
at the end that term, be appointed to a full term.
(D) MULTIPLE TERMS.—A voting member of the Advisory
Committee may serve not more than 2 full terms on the Ad-
visory Committee.
(b) CHAIRPERSON.—The Advisory Committee members shall des-
ignate by vote one of the voting members described in subsection
(a)(2)(A) of the Advisory Committee to serve as Chairperson of the
Advisory Committee.
(c) MEETINGS.—
(1) IN GENERAL.—The Advisory Committee shall meet at the
call of the Chairperson and hold not fewer than 4 meetings dur-
ing each calendar year.
(2) OPEN ACCESS.—All meetings of the Advisory Committee
shall be open to the public. A transcript shall be kept of each
meeting and made available for public inspection within 30
days of the meeting.
(d) DUTIES.—The Advisory Committee shall, at a minimum—
(1) advise, consult with, and make recommendations to the
Administrator on matters relating to the administration of this
Act, including recommendations on regulations and policies re-
lated to the administration of this Act;
(2) annually prepare a set of recommendations for the Admin-
istrator, to be shared with the Committee on Education and
Labor of the House of Representatives and the Committee on
Health, Education, Labor and Pensions of the Senate, to im-
prove the registration process under subtitle B to make the proc-
ess easily accessible and efficient for use by sponsors while
maintaining the requirements under subtitle B;
(3) make recommendations on expanding participation of
nontraditional apprenticeship populations in programs under
the national apprenticeship system; and
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(4) review apprenticeable occupations and, based on reviews
of labor market trends and changes, make recommendations to
the Administrator on whether to—
(A) make updates to apprenticeable occupations under
section 111(b)(5)(A); or
(B) convene sector leaders and experts under section
111(b)(5)(C) for the establishing specific frameworks of in-
dustry recognized occupational standards.
(e) PERSONNEL.—
(1) COMPENSATION OF MEMBERS.—
(A) IN GENERAL.—A member of the Advisory Committee
who is not an officer or employee of the Federal Govern-
ment shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed for
level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel
time) during which the member is engaged in the perform-
ance of the duties of the Advisory Committee.
(B) OFFICERS OR EMPLOYEES OF THE UNITED STATES.—
Members of the Advisory Committee who are officers or em-
ployees of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the Ad-
visory Committee.
(2) STAFF.—The Secretary shall supply the Advisory Com-
mittee with an executive Secretary and provide such secretarial,
clerical, and other services as the Secretary determines to be
necessary to enable the Advisory Committee to carry out the du-
ties described in subsection (d).
(3) DATA REQUESTS.—The Advisory Committee through its
Chairperson may request data from the Secretary as determined
necessary by the Advisory Committee to carry out its functions
as described in this section.
(f) PERMANENT COMMITTEE.—The Federal Advisory Committee
Act (5 U.S.C. App.) (other than section 14 of such Act) shall apply
to the Advisory Committee.
SEC. 113. STATE APPRENTICESHIP AGENCIES AND STATE OFFICES OF
APPRENTICESHIP.
(a) RECOGNITION OF STATE APPRENTICESHIP AGENCIES.—
(1) IN GENERAL.—The Administrator shall recognize a State
agency as a State apprenticeship agency in accordance with this
section and cooperate with such State apprenticeship agency re-
garding the formulation and promotion of standards of appren-
ticeship under subtitle B.
(2) APPLICATION.—A State desiring to have a State agency
recognized as a State apprenticeship agency under this section
shall submit an application at such time, in such manner, and
containing such information as the Administrator may require,
including—
(A) the initial State plan described in subsection
(c)(2)(A)(i);
(B) a description of how the State apprenticeship agency
will meet the State plan requirements of subsection (c); and
(C) a description of the linkages and coordination of the
State’s proposed standards, criteria, and requirements with
the State’s economic development strategies and workforce
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development system and the State’s secondary, postsec-
ondary, and adult education systems.
(3) REVIEW AND RECOGNITION.—
(A) IN GENERAL.—Not later than 90 days after the date
on which a State submits an application under paragraph
(2), the Secretary shall notify the State regarding whether
the agency of the State is recognized as a State apprentice-
ship agency under this section.
(B) DURATION OF RECOGNITION.—
(i) DURATION.—The recognition of a State apprentice-
ship 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 re-
garding whether the State apprenticeship agency is
in compliance with this section.
(II) COMPLIANCE.—In the case of a State appren-
ticeship agency that is in compliance with this sec-
tion, the agency’s recognition under this section
shall be renewed for an additional 4-year period
and the notification under subclause (I) shall in-
clude 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 Adminis-
trator determines that a State apprenticeship agency
has corrected the identified areas of noncompliance
under this subparagraph not later than 180 days of no-
tification of noncompliance, the State apprenticeship
agency’s recognition under this section shall be re-
newed for an additional 4-year period.
(C) TRANSITION PERIOD FOR STATE AGENCIES.—
(i) IN GENERAL.—Not later than 1 year after the effec-
tive date of the National Apprenticeship Act of 2020, a
State agency that, as of the day before the date of en-
actment of such Act, was recognized by the Secretary
for purposes of registering apprenticeship programs in
accordance with this Act shall submit an application
under paragraph (2).
(ii) TRANSITION PERIOD.—A State agency described
in clause (i) shall be recognized as a State apprentice-
ship agency under this section for a 4-year period be-
ginning 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 ap-
prenticeship agency is recognized under subsection (a) and to
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maintain such recognition, the State apprenticeship agency
shall carry out the requirements of this Act.
(2) PROGRAM RECOGNITION.—With respect to a State with a
State apprenticeship agency, the State apprenticeship agency
shall have sole authority to recognize and register a pre-appren-
ticeship, youth apprenticeship, or apprenticeship program in
such State, which shall include—
(A) determining whether such program is in compliance
with the standards for such program under section 122;
(B) in the case of such a program that is in compliance
with such standards, recognizing the program and pro-
viding a certificate of recognition for such program;
(C) providing technical assistance to current or potential
sponsors; and
(D) in the case of such a program that fails to meet the
requirements of this Act, providing for the withdrawal of
recognition of the program in accordance with section
131(b).
(3) STATE APPRENTICESHIP COUNCIL.—
(A) IN GENERAL.—A State apprenticeship agency shall es-
tablish and continue to use a State apprenticeship council,
which shall operate in compliance with the requirements of
this Act under the direction of the State apprenticeship
agency.
(B) COMPOSITION.—A State apprenticeship council may
be regulatory or advisory in nature, and shall—
(i) be composed of persons familiar with
apprenticeable occupations; and
(ii) be fairly balanced, with an equal number of—
(I) representatives of employer organizations, in-
cluding from nontraditional apprenticeship indus-
tries or occupations;
(II) representatives of labor organizations or
joint labor-management organizations, including
from nontraditional apprenticeship industries or
occupations; and
(III) public members; and
(iii) to the extent practicable, have not less than 1
member who is a member of the State workforce board.
(C) SPECIAL RULE.—A State apprenticeship council shall
not be eligible for recognition as a State apprenticeship
agency.
(c) STATE PLAN.—
(1) IN GENERAL.—For a State apprenticeship agency to be eli-
gible to receive allotments under subsection (f) and to be recog-
nized under this section, the State apprenticeship agency shall
submit to the Secretary a State plan that meets the require-
ments of this subsection.
(2) APPROVAL OF STATE PLAN.—
(A) SUBMISSION.—
(i) INITIAL PLAN.—The first State plan of a State ap-
prenticeship agency shall be submitted to the Adminis-
trator not later than 120 days prior to the commence-
ment of the first full program year of the State appren-
ticeship agency, which shall include—
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113
(I) a description of any State laws, policies, or
operational procedures relating to the process of
recognizing programs under the national appren-
ticeship system that is inconsistent with, or im-
poses requirements in addition to, the require-
ments of this Act;
(II) an assurance that the State will notify the
Administrator if there are any changes to the State
laws (including regulations), policies, or proce-
dures described in subclause (I) that occur after
the date of submission of such plan; and
(III) an assurance that the State will make
available on a publicly available website a descrip-
tion of any laws (including regulations), policies,
and operational procedures relating to the process
of recognizing programs under the national ap-
prenticeship system that are inconsistent with, or
impose requirements in addition to, the require-
ments of this Act.
(ii) SUBSEQUENT PLANS.—Except as provided in
clause (i), a State plan shall be submitted to the Ad-
ministrator not later than 120 days prior to the end of
the 4-year period covered by the preceding State plan.
(B) APPROVAL.—A State plan shall be subject to the ap-
proval of the Administrator and shall be considered to be
approved at the end of the 90-day period beginning on the
date that the plan is submitted under this paragraph, un-
less the Administrator, during the 90-day period, provides
the State apprenticeship agency, in writing—
(i) an explanation for why the State plan is incon-
sistent with the requirements of this Act; and
(ii) an opportunity for an appeal of such determina-
tion to an Administrative Law Judge for the Depart-
ment of Labor not later than 30 days after receipt of
the notice of denial from the Administrator.
(C) MODIFICATIONS.—
(i) MODIFICATIONS.—At the end of the first 2-year pe-
riod of any 4-year State plan, the State may submit
modifications to the State plan to reflect changes in
labor market and economic conditions or other factors
affecting the implementation of the State plan.
(ii) APPROVAL.—A modified State plan submitted for
review under clause (i) shall be subject to the approval
requirements described in subparagraph (B).
(3) TECHNICAL ASSISTANCE.—Each State Plan shall describe
how the State apprenticeship agency will provide technical as-
sistance for—
(A) potential sponsors, employers, labor organizations,
joint labor-management organizations, qualified inter-
mediaries, apprentices, education and training providers,
credentialing bodies, eligible entities, industry associations,
or any potential program participant in the national ap-
prenticeship system in the State for the purposes of recruit-
ment, retention, program development, expansion, or imple-
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mentation, including supporting remote or virtual learning
or training, as necessary;
(B) sponsors of programs registered in the State, includ-
ing sponsors that are not meeting performance goals under
subtitle C, for purposes of assisting sponsors in meeting or
exceeding such goals; and
(C) sponsors of programs registered in that State for pur-
poses of assisting such sponsors in achieving State goals in
diversity and equal opportunity in apprenticeships in ac-
cordance with paragraph (5).
(4) RECIPROCITY.—Each State plan shall describe how the
State apprenticeship agency, in the case of a program recog-
nized by a registration agency in another State, shall recognize
such program in the State of such agency for purposes of this
Act by not later than 30 days after receipt of an application for
such recognition from a program sponsor, as long as such pro-
gram meets the wage and hour provisions of the State granting
reciprocity.
(5) PROMOTING DIVERSITY IN THE NATIONAL APPRENTICESHIP
SYSTEM.—Each State plan shall include a plan for how the
State apprenticeship agency will—
(A) promote diversity in apprenticeable occupations of-
fered throughout the State, and a description of how such
agency will promote the addition of apprenticeable occupa-
tions in high-skill, high-wage, or in-demand industry sec-
tors and occupations, and in nontraditional apprenticeship
occupations and sectors; and
(B) promote diversity and equal opportunity in programs
under the national apprenticeship system by uniformly
adopting and implementing the requirements of subpara-
graphs (B) and (C) of section 111(b)(7).
(6) COMPLAINTS.—
(A) IN GENERAL.—Subject to subparagraph (B), each
State plan shall include a description of the system for the
State apprenticeship agency to receive and resolve com-
plaints submitted by program participants, the program
participant’s authorized representative, sponsors, employ-
ers, or nonprofit compliance organizations, such as com-
plaints concerning equal employment opportunity or dis-
crimination, violations of the apprenticeship agreement, or
violations of requirements under this Act.
(B) COLLECTIVE BARGAINING AGREEMENTS.—Any con-
troversy arising under an apprenticeship agreement which
is covered by a collective bargaining agreement shall not be
subject to the system described in subparagraph (A), except
that complaints concerning discrimination or any matters
described in subparagraph (5)(B) shall be subject to such
system.
(7) STATE APPRENTICESHIP HUBS.—Each State plan shall de-
scribe how the State will support, in a manner that takes into
consideration geographic diversity, the creation and implemen-
tation of apprenticeship hubs throughout the State that shall
work with industry and sector partnerships to expand programs
under the national apprenticeship system, and apprenticeable
occupations, in the State.
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(8) STATE APPRENTICESHIP PERFORMANCE OUTCOMES.—Each
State plan shall—
(A) in coordination with the Administrator, establish an-
nual State performance goals for the programs registered
by the State apprenticeship agency for the indicators de-
scribed—
(i) in subparagraph (A) of section 131(b)(1); and
(ii) in subparagraph (B)(ii) of section 131(b)(1); and
(B) describe how the State apprenticeship agency will col-
lect performance data from programs registered by the
agency; and
(C) annually report on the outcomes of each such pro-
gram in relation to the State established goals under sub-
paragraph (A).
(9) USES OF FUNDS.—Each State plan shall include a descrip-
tion of the uses described in subsection (d) of the allotment re-
ceived by the State apprenticeship agency under subsection (f).
(10) ALIGNMENT OF WORKFORCE ACTIVITIES.—Each State plan
shall include a summary of State-supported workforce develop-
ment activities (including education and training) in the State,
including—
(A) a summary of the apprenticeship programs on the list
of eligible providers of training services under section
122(d) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3152(d));
(B) the degree to which the programs under the national
apprenticeship system in the State are aligned with and
address the skill needs of the employers in the State identi-
fied by the State workforce development board; and
(C) a description of how apprenticeship programs will re-
ceive expedited consideration to be included on the list of
eligible providers of training services under section 122(d)
of the Workforce Innovation and Opportunity Act (29
U.S.C. 3152(d)).
(11) STATE STRATEGIC VISION.—Each State plan shall include
a summary of the State’s strategic vision and set of goals for
preparing an educated and skilled workforce and for meeting
the skilled workforce needs of employers, including in existing
and emerging in-demand industry sectors and occupations as
identified by the State, and how the programs registered by the
State apprenticeship agency in the State will help to meet such
goals.
(12) STRATEGY FOR ANY JOINT PLANNING, ALIGNMENT, CO-
ORDINATION, AND LEVERAGING OF FUNDS.—Each State plan
shall provide a description of the State apprenticeship agency’s
strategy for joint planning, alignment, coordination, and
leveraging of funds—
(A) with the State’s workforce development system, to
achieve the strategic vision and goals described in para-
graph (11), including the core programs defined in section
3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102) and the elements related to system alignment
under section 102(b)(2)(B) of such Act (29 U.S.C.
3112(b)(2)(B));
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(B) for programs under the national apprenticeship sys-
tem in the State with other Federal education programs, in-
cluding programs under—
(i) the Elementary and Secondary Education Act of
1965;
(ii) the Individuals with Disabilities Education Act;
(iii) the Carl D. Perkins Career and Technical Edu-
cation Act of 2006; and
(iv) the Higher Education Act of 1965; and
(C) to provide information about access to available State
assistance or assistance under related Federal programs,
including such assistance under—
(i) section 6(d) of the Food and Nutrition Act of 2008;
(ii) subsection (c)(1) of section 3672 of title 38, United
States Code;
(iii) section 231 of the Second Chance Act of 2007 (34
U.S.C. 60541); and
(iv) the State Temporary Assistance for Needy Fami-
lies programs under part A of title IV of the Social Se-
curity Act.
(13) STATE APPRENTICESHIP COUNCIL.—Each State plan shall
provide for a description of the composition, roles, and responsi-
bility of the State apprenticeship council, and how the Council
will comply with the requirements of subsection (b)(3).
(d) STATE APPRENTICESHIP AGENCY FUNDING.—A State appren-
ticeship agency shall use funds received under clauses (i) and (ii)
of subsection (f)(1)(A) according to the following requirements:
(1) PROGRAM ADMINISTRATION.—The State apprenticeship
agency shall use such funds to support the administration of
programs under the national apprenticeship system across the
State, including for—
(A) staff and resources;
(B) oversight and evaluation as required under this Act;
(C) technical assistance to program sponsors, program
participants, employers, labor organizations, joint labor-
management organizations, education and training pro-
viders, and qualified intermediaries;
(D) pre-apprenticeship, youth, and apprenticeship pro-
gram recruitment and development, including for—
(i) engaging potential providers of such programs
such as employers, qualified intermediaries, related in-
struction providers, and potential program partici-
pants;
(ii) publicizing apprenticeship opportunities and ben-
efits; and
(iii) engaging State workforce and education systems
for collaboration and alignment across systems; and
(E) supporting the enrollment and apprenticeship certifi-
cation 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.
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(2) EDUCATIONAL ALIGNMENT.—The State apprenticeship
agency shall use not less than 10 percent of such funds to en-
gage with the State education system to provide technical as-
sistance and best practices regarding—
(A) alignment of youth apprenticeship programs with the
secondary education programs in the State, including sup-
port for career exploration, career pathways, education and
career planning, and engagement with youth apprentice-
ship programs for teachers, career guidance and academic
counselors, school leaders, administrators, and specialized
instructional support personnel and paraprofessionals;
(B) alignment of related instruction provided under the
national apprenticeship system in the State with academic
credit granting postsecondary programs (including devel-
oping career pathways, articulation agreements, and prior
learning assessments); and
(C) the joint planning, alignment, coordination, and
leveraging of funds described in subparagraphs (B) and (C)
of subsection (c)(12).
(3) WORKFORCE ALIGNMENT.—The State apprenticeship agen-
cy shall use not less than 10 percent of such funds to engage
with the State workforce development system to provide tech-
nical assistance and best practices regarding—
(A) alignment with the State’s workforce activities and
strategic vision in accordance with paragraphs (10), (11),
and subparagraphs (A) and (C) of paragraph (12) of sub-
section (c);
(B) guidance for training staff of the workforce develop-
ment system, including the vocational rehabilitation agen-
cies, within the State on the value of programs under the
national apprenticeship system as a work-based learning
option for participants, including participants of programs
authorized under the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3101 et seq.) such as Job Corps under
subtitle C of title I of such Act and YouthBuild under sec-
tion 171 of such Act;
(C) providing a list of programs under the national ap-
prenticeship system that are offered in the State, including
in the State’s high-skill, high-wage, or in-demand industry
sectors or occupations;
(D) alignment of funding received and reporting required
under this Act, including relevant placement, retention, and
earnings information, with the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.), and technical as-
sistance in how individual training accounts under section
134(c)(3) of such Act could be used to pay for the costs of
enrolling and participating in programs under the national
apprenticeship system;
(E) partnerships with State or local workforce develop-
ment boards, State workforce agencies, and one-stop centers
and one-stop operators that assist program participants in
accessing supportive services to support—
(i) the recruitment, retention, and completion of pro-
grams under the national apprenticeship system;
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(ii) transitions from youth apprenticeships and pre-
apprenticeships to apprenticeship programs; and
(iii) the placement into employment or further edu-
cation upon program completion; and
(F) expanding the list of eligible providers of training
services under section 122(d) of the Workforce Innovation
and Opportunity Act to include programs under the na-
tional apprenticeship system in the State (29 U.S.C.
3152(d)).
(4) LEADERSHIP ACTIVITIES.—
(A) IN GENERAL.—A State apprenticeship agency may re-
serve not more than 15 percent of the funds received under
subsection (f) in support of State apprenticeship initiatives
described in this paragraph.
(B) DIVERSITY.—Not less than 5 percent of the amount re-
served under subparagraph (A) shall be used by the State
apprenticeship agency for supporting and expanding diver-
sity in apprenticeable occupations under the national ap-
prenticeship system in the State and program participant
populations in the State.
(C) INCENTIVES FOR EMPLOYERS.—A State apprenticeship
agency may use funds reserved under subparagraph (A) to
incentivize employers to participate in programs under the
national apprenticeship system, such as costs related to
program development, staffing for mentors and supervisors,
related instruction, or the creation of industry or sector
partnerships to support employer participation.
(D) STATE-SPECIFIC INITIATIVES.—A State apprenticeship
agency may use funds reserved under subparagraph (A) for
State-specific initiatives, such as the development or expan-
sion of youth apprenticeship programs or apprenticeship
programs in high-skill, high-wage, or in-demand industry
sectors and occupations.
(5) STATE MATCH FOR FEDERAL INVESTMENT.—
(A) IN GENERAL.—Except in the case of exceptional cir-
cumstances, as determined by the Administrator, in order
to receive a full allotment under subsection (f), a State ap-
prenticeship agency shall use matching funds from non-
Federal resources to carry out the activities of the agency
under this Act in an amount not less than 25 percent of
such allotment.
(B) TRANSITION PERIOD.—The requirement under this
paragraph shall take effect with respect to a State appren-
ticeship agency on the date that is 1 day after the date on
which the transition period for such agency under sub-
section (a)(3)(C)(ii) ends.
(e) DERECOGNITION OF STATE APPRENTICESHIP AGENCIES.—
(1) IN GENERAL.—The Secretary may withdraw recognition of
a State apprenticeship agency before the end of the agency’s 4-
year recognition period under subsection (a)(2)(B) if the Sec-
retary determines, after notice and an opportunity for a hear-
ing, 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.
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(2) DERECOGNITION CRITERIA.—The recognition of a State ap-
prenticeship agency under this section may be withdrawn under
paragraph (1) in a case in which the State apprenticeship agen-
cy fails to—
(A) adopt or properly enforce a State plan;
(B) properly carry out its role as the sole registration
agency in the State;
(C) submit a report under section 131(b)(1)(B) for any
program year;
(D) meet the State levels of performance as described in
subsection (c)(8)(A) or demonstrate improvements in per-
formance for 3 consecutive program years; or
(E) otherwise fulfill or operate in compliance with the re-
quirements 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 Sec-
retary shall provide technical assistance to such agency for
corrective action to remedy such failure, including assist-
ance in the development of a performance improvement
plan.
(B) REDUCTION OF FUNDS.—Except in the case of excep-
tional circumstances as determined by the Administrator,
in a case in which such a State apprenticeship agency con-
tinues such failure after the provision of the technical as-
sistance 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 per-
centage points; and
(ii) the Administrator shall provide notice to the
State apprenticeship agency that the agency’s recogni-
tion under this section may be withdrawn if the agency
fails to remedy the failure.
(C) TERMINATION OF PROCEEDINGS.—If the Administrator
determines that the State apprenticeship agency’s corrective
action under subparagraph (A) has addressed the agency’s
failure identified under paragraph (2), the Administrator
shall—
(i) restore the agency’s full funding allocation under
this title for the next full fiscal year; and
(ii) notify the State apprenticeship agency that the
agency’s recognition will not be withdrawn under this
section for the reason for which the agency’s funding
under this title was most recently reduced.
(D) OPPORTUNITY FOR HEARING.—
(i) IN GENERAL.—In a case in which a State appren-
ticeship agency fails to remedy a failure identified
under paragraph (2), the Administrator shall—
(I) notify, in writing, the State apprenticeship
agency of the failure of the State apprenticeship
agency, including a description of such failure and
an explanation that the agency’s recognition under
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120
this section may be withdrawn as a result of such
failure; and
(II) offer the State apprenticeship agency an op-
portunity 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 Ad-
ministrator shall refer the matter to the Office of Ad-
ministrative Law Judges for a recommended decision
by the Administrative Review Board for final agency
action.
(4) REQUIREMENTS REGARDING WITHDRAWAL OF RECOGNI-
TION.—
(A) OFFICE OF APPRENTICESHIP.—
(i) PRIOR TO ORDER.—Prior to the withdrawal of the
recognition of a State apprenticeship agency under this
section, the Administrator shall—
(I) provide to the State apprenticeship agency an
order withdrawing recognition of such agency
under this section; and
(II) establish a State Office of Apprenticeship;
and
(ii) AFTER ORDER.—Not later than 30 days after the
date of such order, provide notification of the with-
drawal to the sponsors of the programs under the na-
tional apprenticeship system in such State that were
registered with the State apprenticeship agency to en-
able each such sponsor to be registered with the Ad-
ministrator (acting through the State Office of Appren-
ticeship 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 para-
graph (3) shall—
(i) provide to the Administrator program standards,
apprenticeship agreements, completion records, can-
cellation and suspension records, performance metrics,
and any other documents relating to the State’s pro-
grams under the national apprenticeship system in the
State;
(ii) cooperate fully during the transition period be-
ginning on the date of the order withdrawing such rec-
ognition and ending on the date on which the Adminis-
trator 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 apprentice-
ship agency that has had its recognition withdrawn under this
section may have such recognition reinstated upon presentation
of adequate evidence that the State apprenticeship agency has—
(A) submitted an application under subsection (a)(2), and
(B) demonstrated the ability to operate in compliance
with the requirements of this Act.
(f) RESERVATION AND STATE ALLOTMENTS.—
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(1) STATE ALLOTMENTS.—
(A) IN GENERAL.—Of the amount appropriated under
subsection (g) for a fiscal year—
(i) 33 1⁄3 percent shall be equally distributed among
each State Office of Apprenticeship, outlying area, and
eligible State; and
(ii) 66 2⁄3 percent shall be allotted to eligible States
on the basis described in subparagraph (B).
(B) FORMULA.—
(i) IN GENERAL.—Of the amount available under sub-
paragraph (A)(ii)—
(I) 25 percent shall be allotted on the basis of the
relative share of program participants in each eli-
gible State, as determined on the basis of the most
recent satisfactory data available from the Admin-
istrator, compared to the total number of program
participants in all eligible States, as determined
on such basis;
(II) 25 percent shall be allotted on the basis of
the relative share of program participants who
have completed a program under the national ap-
prenticeship system in each eligible State during
the most recent 5-year period, as determined on the
basis of the most recent satisfactory data available
from the Administrator, compared to the total 5-
year average of program participants who have
completed a program in all eligible States, as de-
termined on such basis; and
(III) 50 percent shall be allotted on the basis de-
scribed in clause (ii).
(ii) ALLOTMENTS BASED ON BLS AND ACS DATA.—Of
the amount available under clause (i)(III)—
(I) 331⁄3 percent shall be allotted on the basis of
the relative share of individuals in the civilian
labor force in each eligible State, compared to the
total number of individuals in the civilian labor
force in all eligible States;
(II) 331⁄3 percent shall be allotted on the basis of
the relative share of individuals living below the
poverty line in each eligible State, compared to the
total number of individuals living below the pov-
erty line in all eligible States; and
(III) 331⁄3 percent shall be allotted on the basis
of the relative number of unemployed individuals
in each eligible State, compared to the total num-
ber of unemployed individuals in all eligible
States.
(2) DEFINITIONS.—In this subsection—
(A) ELIGIBLE STATE.—The term ‘‘eligible State’’ means a
State that has a State apprenticeship agency.
(B) OUTLYING AREA.—The term ‘‘outlying area’’ means
American Samoa, Guam, the Commonwealth of the North-
ern Mariana Islands, and the United States Virgin Islands.
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(C) POVERTY LINE.—The term ‘‘poverty line’’ has the
meaning given such term in section 3 of the Workforce In-
novation and Opportunity Act (29 U.S.C. 3102).
(D) UNEMPLOYED INDIVIDUAL.—The term ‘‘unemployed
individual’’ has the meaning given such term in section 3
of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
be appropriated to carry out this section—
(1) $75,000,000 for fiscal year 2021;
(2) $85,000,000 for fiscal year 2022;
(3) $95,000,000 for fiscal year 2023;
(4) $105,000,000 for fiscal year 2024; and
(5) $115,000,000 for fiscal year 2025.
SEC. 114. INTERAGENCY AGREEMENT WITH DEPARTMENT OF EDU-
CATION.
(a) IN GENERAL.—Not later than 1 year after the effective date of
the National Apprenticeship Act of 2020, in order to cooperate with
the Secretary of Education and promote awareness and adoption of
apprenticeship programs, the Secretary (acting through the Admin-
istrator) shall—
(1) enter into an interagency agreement with the Secretary of
Education to promote and support integration and alignment of
programs under the national apprenticeship system with sec-
ondary, postsecondary, and adult education, through the activi-
ties described in this section; and
(2) submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions of Senate, such agreement and any
modifications to such agreement.
(b) ALIGNMENT FOR YOUTH APPRENTICESHIPS.—In order to pro-
mote alignment between youth apprenticeship programs and high
school graduation requirements, the interagency agreement under
subsection (a) shall describe how the Secretaries will work to pro-
vide—
(1) information and resources to—
(A) parents and students to promote a better under-
standing of programs under the national apprenticeship
system and their value in secondary and postsecondary
education and career pathways by not later than middle
school; and
(B) school leaders (working with academic counselors,
teachers, and faculty) about the value of such programs
and information on how to effectively align youth appren-
ticeship programs with secondary and career and technical
education programs; and
(2) technical assistance on how to—
(A) align related instruction and apprenticeable occupa-
tion skills and competencies to high school graduation re-
quirements;
(B) offer related instruction through dual and concurrent
enrollment programs and other accelerated learning pro-
grams, as described in section 4104(b)(3)(A)(i)(IV) of the El-
ementary and Secondary Education Act of 1965 (20 U.S.C.
7114(b)(3)(A)(i)(IV));
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(C) facilitate transitions for youth apprentices who have
completed their youth apprenticeships into further edu-
cation, including an associate, baccalaureate, or advanced
degree, and related apprenticeship opportunities; and
(D) align activities carried out under this Act with eligi-
ble funding from, and planning processes for, the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.), the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.), the
Rehabilitation Act of 1973, and the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.).
(c) APPRENTICESHIP COLLEGE CONSORTIUM.—In order to support
the establishment of a college consortium of postsecondary edu-
cational institutions, related instruction providers, sponsors, quali-
fied intermediaries, employers, labor organizations, and joint labor-
management organizations for the purposes of promoting stronger
connections between programs under the national apprenticeship
system and participating 2- and 4-year postsecondary educational
institutions, the interagency agreement under subsection (a) shall
include a description of how the Secretaries will—
(1) support data sharing systems that align education records
and records of programs under the national apprenticeship sys-
tem regarding whether program participants who receive finan-
cial aid under title IV of the Higher Education Act of 1965 en-
roll in, or complete, postsecondary coursework while partici-
pating in a program under such system;
(2) provide guidance on how to align eligible funding from,
planning processes for, and the requirements of the Carl D. Per-
kins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.), the Rehabilitation Act of 1973, and the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.) with this Act;
(3) require all participants of the apprenticeship college con-
sortium to enter into agreements to—
(A) have an articulation agreement with a participating
sponsor of an apprenticeship program, which may include
a 2- or 4-year postsecondary educational institution;
(B) create or expand the awarding and articulation of
academic credit for related instruction completed and cre-
dentials awarded to program participants as part of a pro-
gram under the national apprenticeship system; and
(C) support the creation or expansion of electronic tran-
scripts for apprenticeship programs and all academic con-
tent, including related instruction and on-the-job training;
(4) provide technical assistance on eligible uses of financial
aid, including the Federal work study program under part C of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1087–
51 et seq.), for related instruction for programs under the na-
tional apprenticeship system;
(5) provide to consortium participants or potential partici-
pants information regarding—
(A) a list of apprenticeship programs in related occupa-
tions offered in the State or available under the Office of
Apprenticeship that may become part of the consortium;
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(B) information on how to develop an apprenticeship pro-
gram;
(C) information on Federal, State, and local financial re-
sources available to assist with the establishment and im-
plementation of apprenticeship programs; and
(D) information on related qualified intermediaries or in-
dustry or sector partnerships supporting apprenticeship
programs, as applicable; and
(6) support information regarding the apprenticeship consor-
tium being made available on a publicly accessible website, in-
cluding—
(A) a list of participating members of the consortium, ap-
prenticeship programs provided, credentials awarded with
each program, and available apprenticeable occupations;
and
(B) models of articulation agreements, prior learning as-
sessments, and competency-based curriculum for related in-
struction for illustrative purposes.
(d) BEST PRACTICE DEVELOPMENT AND SHARING.—
(1) DISSEMINATION.—Such interagency agreement shall re-
quire that the Secretaries disseminate information on the value
of programs under the national apprenticeship system, includ-
ing relevant placement, retention, and earnings information,
labor market data from the local area, and sector forecasts to
determine high-skill, high-wage, or in-demand industry sectors
or occupations of such programs, to local education and train-
ing providers, labor organizations, or joint-labor management
organizations (including those representing teachers).
(2) CLEARINGHOUSE.—Such agreement shall require the Sec-
retaries to create a clearinghouse of best practices—
(A) for improving performance and increasing alignment
of education and programs under the national apprentice-
ship system, including career pathways; and
(B) publicly disseminate information and resources on—
(i) replicable related instruction and on-the-job learn-
ing; and
(ii) how to build an understanding of apprenticeship
opportunities available to students.
(e) DATA SHARING AGREEMENT.—The Secretaries shall dissemi-
nate best practices for the alignment of education records and
records of programs under the national apprenticeship system, in-
cluding information on program participants who enroll in, com-
plete, and receive academic credit for postsecondary coursework
while participating in such a program.
(f) SECRETARIES DEFINED.—In this section, the term ‘‘Secretaries’’
means the Secretary of Labor and the Secretary of Education.
Subtitle B—Process and Standards for the
National Apprenticeship System
SEC. 121. APPRENTICEABLE OCCUPATIONS STANDARDS.
For an occupation to be an apprenticeable occupation under this
Act, a person seeking approval for such occupation to be an
apprenticeable occupation shall submit an application to the Ad-
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125
ministrator that demonstrates that such apprenticeable occupation
is in-demand and will prepare individuals for the full range of
skills and competencies needed for such occupation by describing
how such apprenticeable occupation shall—
(1) meet the industry-recognized occupational standards
under section 111(b)(5)(C); or
(2) involve the progressive attainment of skills, competencies,
and knowledge that are—
(A) clearly identified and commonly recognized through-
out the relevant industry or occupation;
(B) customarily learned or enhanced in a practical way
through a structured, systematic program of on-the-job su-
pervised learning and related instruction to supplement
such learning; and
(C) offered through a time-based, competency-based, or
hybrid model as described in section 122(b)(1)(E).
SEC. 122. QUALITY STANDARDS OF PROGRAMS UNDER THE NATIONAL
APPRENTICESHIP SYSTEM.
(a) IN GENERAL.—The Secretary, acting through the Adminis-
trator, shall formulate and promote the furtherance of quality
standards necessary to safeguard the welfare of apprentices, pre-ap-
prentices, and youth apprentices.
(b) APPRENTICESHIP PROGRAM STANDARDS.—In addition to the
standards described in subsection (e), an apprenticeship program
shall meet the following standards:
(1) The program has an organized and clearly written plan,
developed by the sponsor, that includes, at a minimum, the fol-
lowing 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 expe-
rience, on-the-job training, and on-the-job learning;
(ii) the allocation of the approximate amount of time
that will be spent in each major work process by the
apprentice;
(iii) a description of the mentoring that will be pro-
vided to the apprentice; and
(iv) a description or timeline explaining the periodic
reviews and evaluations of the apprentice’s perform-
ance on the job and in related instruction.
(B) A process for maintaining appropriate progress
records, including the reviews and evaluations described in
subparagraph (A)(iv).
(C) A description of the organized related instruction the
apprentice will receive in technical subjects related to the
occupation, which—
(i) for time-based or hybrid apprenticeship programs
as described in paragraph (E), shall include not less
than 144 hours for each year of apprenticeship, unless
an alternative requirement is put forth by the employer
and sponsor that reflects industry standards and is ac-
cepted by the registration agency;
(ii) may be accomplished through classroom instruc-
tion, occupational or industry courses, instruction pro-
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vided through electronic media, or other instruction ap-
proved by the registration agency;
(iii) shall be provided by one or more qualified in-
structors that—
(I)(aa) meet technical instructor requirements of
the applicable education agency in the State of reg-
istration; or
(bb) are subject matter experts, defined for pur-
poses of this subparagraph as individuals recog-
nized within an industry as having expertise in a
specific occupation; and
(II) have training in teaching techniques and
learning styles, or will obtain such training before
providing the related technical instruction; and
(iv) where appropriate and to the extent practicable,
shall be aligned to a career pathway.
(D) A progressively increasing, clearly defined schedule of
wages to be paid to the apprentice that is—
(i) consistent with measurable skill gains; and
(ii) ensures the entry wage is not less than the great-
er 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 appli-
cable Federal or State laws (including regulations)
or collective bargaining agreements.
(E) The term of the apprenticeship program, which may
be measured using—
(i) a time-based model, which requires the completion
of the industry standard for on-the-job learning hours,
which in no case shall be less than 2,000 hours, unless
an alternative requirement is put forth by the employer
and sponsor that reflects industry standards and the
relative hazards of the occupation, and is accepted by
the Secretary and registration agency;
(ii) a competency-based model, which requires the at-
tainment of competency in the occupation; or
(iii) a hybrid model, which blends the time-based
and competency-based approaches.
(F) The methods used to measure an apprentice’s skills
and competencies, which may include an initial diagnostic
assessment or assessment of credentials that verify an indi-
vidual’s foundational knowledge and skills that would be
needed to succeed in an apprenticeship program, and which
shall include—
(i) in the case of a time-based apprenticeship de-
scribed in subparagraph (E)(i), the individual appren-
tice’s completion of the required hours of on-the-job
learning as described in a work process schedule; or
(ii) in the case of a competency-based model de-
scribed in subparagraph (E)(ii), the individual appren-
tice’s successful demonstration of acquired skills and
knowledge through appropriate means of testing and
evaluation for such competencies, and by requiring ap-
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prentices to complete a paid on-the-job learning compo-
nent of the apprenticeship;
(iii) in the case of a hybrid apprenticeship described
in subparagraph (E)(iii), a combination of a specified
minimum number of hours of on-the-job learning and
the successful demonstration of competency, as de-
scribed in subparagraph (E)(i) and a work process
schedule.
(2) The program equally grants advanced standing or credit
to all individuals applying for the apprenticeship with dem-
onstrated competency or acquired experience, training, or skills,
and provides commensurate wages for any progression in
standing or credit so granted, including for veterans’ service-ac-
quired 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 com-
ponents of an apprenticeable occupation and demonstrates
how each interim credential specifically links to the knowl-
edge, skills, and abilities associated with such components;
and
(C) establishes the process for assessing an individual ap-
prentice’s demonstration of competency and measurable
skill gains associated with the particular interim creden-
tial.
(c) PRE-APPRENTICESHIP PROGRAM STANDARDS.—In addition to
the standards described in subsection (e), a pre-apprenticeship pro-
gram 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 suc-
ceed in such an apprenticeship programs, including by pro-
viding the skills and competency attainment needed to enter the
apprenticeship program.
(2) The program—
(A) is carried out by a sponsor that has a written agree-
ment with at least one sponsor of an apprenticeship pro-
gram;
(B) demonstrates the existence of an active, advisory part-
nership with an industry or sector partnership to inform
the training and education services necessary for a pre-ap-
prenticeship program;
(C) demonstrates evidence of sufficient demand in an ap-
prenticeship program at the completion of a pre-apprentice-
ship program to support a transition from a pre-apprentice-
ship to an apprenticeship; and
(D) demonstrates partnerships with qualified inter-
mediaries, community-based organizations, labor organiza-
tions, or joint labor-management organizations.
(3) The program includes a written plan developed by the
sponsor that is reviewed and approved by the sponsor to the
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agreement with the sponsor of an apprenticeship program,
that—
(A) provides for work-based learning, and paid work-
based learning to the extent practicable, in which an indus-
try or sector partnership and a related instruction provider
collaborate to provide training that will introduce partici-
pants to the skills, competencies, and materials used in one
or more apprenticeable occupations;
(B) is based on and aligned with national, State, re-
gional, or local industry standards for high-skill, high-
wage, or in-demand industry sectors and occupations, and
the requirements of the related apprenticeship program;
(C) to the extent appropriate and practicable, meets the
related instruction requirements as described in clauses (ii)
through (iv) of subsection (b)(1)(C) that includes enabling
an individual to attain a secondary school diploma or its
recognized equivalent that enables a pre-apprentice to enter
into an apprenticeship program; and
(D) includes mentoring, career exposure, career planning,
and career awareness activities.
(d) YOUTH APPRENTICESHIP PROGRAM STANDARDS.—In addition
to the standards described in subsection (e), a youth apprenticeship
program shall meet the following standards:
(1) The program is designed for youth apprentices who at the
start of the program are enrolled in high school.
(2) The program includes each of the following core elements:
(A) The employment and training to be received by each
youth apprentice participating in the program, including—
(i) an outline of the work processes or the plan in
which the youth apprentice will receive supervised
work experience and on-the-job training or in an expe-
riential setting;
(ii) the allocation of the approximate amount of time
that will be spent in each major work process by the
youth apprentice;
(iii) a description of the mentoring that will be pro-
vided to the youth apprentice; and
(iv) a description or timeline explaining the periodic
reviews and evaluations of the youth apprentice’s per-
formance on the job and in related instruction.
(B) A process for maintaining appropriate progress
records, including the reviews and evaluations described in
subparagraph (A)(iv).
(C) Related classroom-based instruction, which may be
fulfilled through dual or concurrent enrollment, and—
(i) is, to the extent practicable, aligned with high
school diploma requirements and career clusters; and
(ii) meets the additional requirements as described in
subsection (b)(1)(C).
(D) A progressively increasing, clearly defined schedule of
wages to be paid to the youth apprentice.
(E) The term of the youth apprenticeship program, as de-
scribed in subsection (b)(1)(E).
(F) For a competency-based or hybrid youth apprentice-
ship program, the methods used to measure skill acquisi-
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tion for a youth apprentice, including ongoing assessment
against established skill and competency standards as de-
scribed in subsection (b)(1)(F).
(G) Prepares the youth apprentice for placement in fur-
ther education, employment, or an apprenticeship program.
(3) The program equally grants advanced standing or credit
to all individuals applying for the youth apprenticeship with
demonstrated competency or acquired experience, training, or
skills.
(4) In the case of a youth apprenticeship program that choos-
es to issue an interim credential, the program meets the require-
ments of subsection (b)(4).
(e) GENERAL REQUIREMENTS.—Each program under the national
apprenticeship system shall meet the following standards:
(1) The program—
(A) has adequate and safe equipment, environments, and
facilities for training and supervision;
(B) provides safety training on-the-job and in related in-
struction as applicable by the apprenticeable occupation;
and
(C) provides adequate training for mentors and qualified
instructors on providing a safe work and training environ-
ment.
(2) The program records and maintains all records con-
cerning 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 edu-
cational assistance under such title to use such assistance for
enrollment in the program.
(3) The program provides all individuals with an equal op-
portunity to participate in the program as described in sub-
paragraphs (B) and (C) of section 111(b)(7).
(4) The program awards a certificate of completion in recogni-
tion of successful completion of the program, evidenced by an
appropriate certificate issued by the registration agency, and in
the case of apprenticeships and youth apprenticeships, prepares
a program participant to obtain a recognized postsecondary cre-
dential.
(5) The program provides that an individual who is to be-
come a program participant under the program enters into a
written apprenticeship agreement described in section 123 with
the sponsor of the program.
(6) The numeric ratio of program participants to supervisors
(such as journeyworkers, mentors, or on-the-job learning in-
structors, as applicable) for the apprenticeable occupation, that
are based on evidence-based and evidence-informed best prac-
tices for supervision, training, safety, and continuity of employ-
ment, throughout the work processes of the program, job site,
department, or plant, appropriate for the degree of hazard in
different occupations, and consistent with provisions in collec-
tive bargaining agreements, as applicable, except if such ratios
are expressly prohibited by the collective bargaining agree-
ments.
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SEC. 123. APPRENTICESHIP AGREEMENTS.
(a) IN GENERAL.—To ensure the standards described in section
122 are applied to programs under the national apprenticeship sys-
tem, the Administrator shall require a sponsor to develop an ap-
prenticeship agreement that shall—
(1) be the same for each program participant;
(2) contain the names and signatures of the program partici-
pant and the sponsor;
(3) meet the requirements of subsection (b); and
(4) be submitted to the registration agency in accordance with
section 124 by the program sponsor.
(b) STANDARDS.—Each agreement under subsection (a) shall con-
tain, explicitly or by reference, program standards under section
122, including—
(1) in the case of an apprenticeship program—
(A) that is time-based, a statement of the number of
hours to be spent by the program participant in on-the-job
learning and on-the-job training in order to complete the
program;
(B) that is competency-based, a description of the skill
sets to be attained by completion of the program, including
the on-the-job learning and work components; or
(C) that is a hybrid model, the minimum number of
hours to be spent by the program participant in on-the-job
learning and work components and in related instruction,
and a description of the skill sets and competencies to be
attained by completion of the program;
(2) the number of hours and form of related instruction, in-
cluding how related instruction will be compensated (whether
through academic credit, wages, or both), the costs the program
participant will incur costs for participating in the program
(such as for equipment or related instruction), and the recog-
nized postsecondary credentials the program participants will
be eligible to receive upon program completion;
(3) a schedule of the work processes in the occupation or in-
dustry divisions in which the program participant is to be
trained and the approximate time to be spent at each process;
(4) for apprenticeships or youth apprenticeships, the grad-
uated wage scale to be paid to the apprentices, benefits offered
to the apprentices, and how the wages and benefits compare to
State, local, or regional wages in the related occupation; and
(5) demonstration of commitment to and compliance with
subparagraphs (B) and (C) of section 111(b)(7).
SEC. 124. REGISTRATION OF PROGRAMS UNDER THE NATIONAL AP-
PRENTICESHIP SYSTEM.
(a) PROGRAM REGISTRATION APPLICATION.—In order to bring to-
gether employers and labor for the formulation of programs under
the national apprenticeship system, the Administrator shall provide
for the registration of programs in which a sponsor applying to reg-
ister a program under the national apprenticeship system shall re-
quest registration of such program from a registration agency by
submitting the information required by the registration agency, in-
cluding—
(1) information demonstrating that each of the requirements
of section 122 will be met for the program;
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(2) a copy of the apprenticeship agreement described in sec-
tion 123 used by the sponsor;
(3) a written assurance that, if the program is registered
under this Act, the sponsor will administer the program in ac-
cordance with the requirements of this Act and comply with the
requirements of the apprenticeship agreement for each appren-
tice; and
(4) methods for reporting quarterly data describing the out-
comes associated with the program as required by the registra-
tion agency.
(b) RECOGNITION AND REGISTRATION PROCESS.—
(1) REVIEW AND APPROVAL PROCESS.—
(A) PROVISIONAL APPROVAL REVIEW.—An application sub-
mitted under subsection (a) that the registration agency de-
termines meets the requirements described in such sub-
section 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 AP-
PROVAL.—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 stand-
ards 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 reg-
istration 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 reg-
istration of the program through the first full training
cycle for program participants, and conduct an addi-
tional provisional review at the conclusion of the train-
ing cycle.
(C) FAILURE TO MEET REQUIREMENTS.—If, after an initial
provisional review under subparagraph (A), a registration
agency conducting such provisional review determines that
the program is not in operation or does not conform to the
requirements under this Act, the registration agency shall
recommend technical assistance and corrective action for
the program, or deregistration, in accordance with proce-
dures established under subsections (b) and (c) of section
131.
(2) CERTIFICATE OF REGISTRATION.—
(A) IN GENERAL.—A registration agency that registers a
program under paragraph (1) shall—
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(i) provide the sponsor of the program with a certifi-
cate of registration or other written evidence of reg-
istration; and
(ii) provide a copy of the certificate of registration to
the Secretary of Veterans Affairs or the applicable
State veterans agency for the purpose of aligning the
registration process with the process for approving such
program for eligible veterans’ use of supplemental edu-
cational 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 pro-
viding a program that is registered in accordance with para-
graph (2) shall provide to an individual seeking to be a pro-
gram participant the opportunity to apply through the sponsor,
and shall—
(A) enter into a written individual apprenticeship agree-
ment described in section 123 with each such individual be-
fore the commencement of the program; and
(B) individually register each program participant with
the registration agency by filing a copy of the individual
apprenticeship agreement with the registration agency or as
otherwise required by the registration agency, and sharing
a copy with the Administrator as appropriate, as described
under section 123(a)(4).
(4) TRANSITION PROCESS FOR PREVIOUSLY APPROVED PRO-
GRAMS.—With respect to a program that was registered under
this Act as of the day before the date of enactment of the Na-
tional Apprenticeship Act of 2020, the registration agency shall
take such steps as necessary to—
(A) in the case of a program that meets of the require-
ments of this Act, maintain the status of the sponsor of the
program as of the date before such date of enactment as the
sponsor of such program under this Act; and
(B) in the case of a program that does not meet the re-
quirements of this Act, provide technical assistance to the
sponsor of such program to ensure that the sponsor is in
compliance with this Act not later than 3 years after the
date of enactment of the National Apprenticeship Act of
2020.
(c) MODIFICATIONS OR CHANGES TO YOUTH APPRENTICESHIP, PRE-
APPRENTICESHIP, OR APPRENTICESHIP PROGRAMS.—
(1) SPONSOR PROPOSAL.—Any sponsor that wishes to modify
a program, including the program’s method of meeting the
standards required under this Act, shall submit the proposal
for such change or modification to the registration agency for
the program.
(2) REGISTRATION AGENCY REQUIREMENTS.—
(A) IN GENERAL.—The registration agency shall deter-
mine whether to approve the proposal and notify the spon-
sor of the determination by not later than 60 days after re-
ceipt of the proposal.
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(B) APPROVAL OF PROPOSAL.—If the proposal is approved,
the registration agency shall amend the record of the pro-
gram to reflect the modification or change, and provide the
sponsor or program administrator with an acknowledg-
ment of the amended program, by not later than 30 days
after the date of approval.
(C) DISAPPROVAL OF PROPOSAL.—If the proposal is not
approved, the registration agency shall—
(i) notify the sponsor of the reasons for the dis-
approval and provide the sponsor with technical assist-
ance to maintain the program as originally registered;
(ii) provide the sponsor with the opportunity to sub-
mit a revised modification proposal, including pro-
viding 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 re-
ceipt of such proposal—
(I) approve the proposal; or
(II) disapprove the proposal and provide the
sponsor with technical assistance to maintain the
program as originally registered.
Subtitle C—Evaluations and Research
SEC. 131. PROGRAM EVALUATIONS.
(a) PURPOSE.—The purpose of this section is to provide program
performance transparency across the programs under the national
apprenticeship system, assess the effectiveness of States in achieving
positive outcomes for program participants served by those pro-
grams, and establish performance accountability measures related
to program completion and key indicators of performance under the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
(b) REVIEWS BY REGISTRATION AGENCIES.—
(1) PERFORMANCE REVIEWS.—
(A) IN GENERAL.—A registration agency shall—
(i) annually collect performance data for each pro-
gram registered under section 124 by such agency to
determine—
(I) the performance of the program with respect
to the indicators of performance under section
116(b)(2)(A)(i) of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3141(b)(2)(A)(i) or in the
case of a youth apprenticeship program, section
116(b)(2)(A)(ii)) of such Act (29 U.S.C.
3141(b)(2)(A)(ii)), as applied to programs under
the national apprenticeship system; and
(II) the completion rates of the program; and
(ii) provide technical assistance for the collection of
the information under clause (i) of this subparagraph
and subparagraph (B), as necessary.
(B) REPORTS.—The registration agency for a State shall
annually prepare and submit to the Administrator a State
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performance report that includes the following information
with respect to each program registered under section 124
by such agency, including—
(i) information specifying the levels of performance
described in subparagraph (A), as compared to goals
set in section 113(c)(8)(A)(i);
(ii) the percentage of program participants by race,
sex ethnicity and, to the extent practicable, by individ-
uals with disabilities, as compared to such percentages
within the working age population who are in the geo-
graphical area from which the sponsor usually seeks or
reasonably could seek program participants and who
meet the minimum eligibility requirements for entry
into in the program;
(iii) the percentage of program participants served by
each of the programs that obtained unsubsidized em-
ployment in a field related to the apprenticeable occu-
pation;
(iv) the average time to completion for the program
as compared to the description in the agreement under
paragraphs (1) and (2) of section 123(b);
(v) the average cost per participant during the most
recent program year and the 3 preceding program
years;
(vi) the percentage of program participants who re-
ceived supportive services;
(vii) information on the State’s activities required
under section 113(c), including the State’s uses of
funds; and
(viii) the disaggregation of the performance data de-
scribed in clauses (i) through (vi)—
(I) by the program type (apprenticeship, youth
apprenticeship, or pre-apprenticeship program) in-
volved; and
(II) by race, ethnicity, sex, age, and membership
in a population specified in section 3(24) of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3102(24)).
(C) REPORTS TO CONGRESS.—Not later than 60 days after
receiving a report under subparagraph (B), the Secretary
shall transmit to the Committee on Education and Labor
of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate.
(D) PUBLICATION.—The Administrator shall annually
make available on a publicly accessible website each report
received under subparagraph (B) not later than 30 days
after receipt of such report.
(2) COMPREHENSIVE PROGRAM REVIEWS.—
(A) IN GENERAL.—A registration agency shall periodically
review each program registered under section 124 by such
agency for quality assurance and compliance with the re-
quirements of this Act.
(B) TIMING OF REVIEWS.—A review described in subpara-
graph (A) shall occur—
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(i) at the end of the first full training cycle of pro-
gram participants under the program; and
(ii) beginning after the review described in clause (i)
at least once every 5 years.
(C) REVIEW.—The review shall be a comprehensive review
regarding all aspects of the program performance, includ-
ing—
(i) determining whether the registration agency is re-
ceiving notification from the sponsor of a program re-
garding individuals who are registered as new youth
apprentices, pre-apprentices, or apprentices under the
program, or who successfully complete the program, as
required under this Act;
(ii) determining whether the sponsor of the program
is complying with the requirements of this Act;
(iii) evaluating the performance of the sponsor with
respect to, at a minimum, the indicators described in
paragraph (1)(A)(i), with the performance data
disaggregated as described in paragraph (1)(B)(viii);
and
(iv) ensuring the sponsor’s compliance with the re-
quirement to provide equal opportunity in recruitment,
training, and employment as described in subpara-
graphs (B) and (C) of section 111(b)(7).
(D) REPORTS.—On completion of a review under this
paragraph, the registration agency shall prepare and sub-
mit to the Administrator a report containing the results of
the review.
(c) SUBSEQUENT ACTION.—
(1) TECHNICAL ASSISTANCE.—The registration agency shall
provide technical assistance to the sponsor and identify areas
that require technical assistance, including—
(A) to support the sponsor in creating a plan to meet the
State goals described in section 113(c)(8)(A)(ii), as applica-
ble; and
(B) assistance in the development of a performance im-
provement plan if the registration agency determines, pur-
suant to any review under subsection (b), that the youth ap-
prenticeship, pre-apprenticeship, or apprenticeship pro-
gram—
(i) is not in operation;
(ii) is not in compliance with the requirements of this
Act; or
(iii) is achieving levels of performance on any indica-
tors described in subsection (b)(1)(A)(i) that are lower
than the State goals for any program year.
(2) CORRECTIVE ACTION AND DEREGISTRATION OF AN APPREN-
TICESHIP PROGRAM.—The registration agency may take correc-
tive 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 reg-
ister at least 1 program participant;
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(B) the program shows a pattern of poor results on the
indicators described in subsection (b)(1)(A)(i) over a period
of 3 years, given the characteristics of program participants
and economic conditions in the area served, or are lower
than the national or State average;
(C) the program shows no indication of improvement in
the areas identified by the registration agency and in the
performance improvement plan under paragraph (1); or
(D) the sponsor has not administered the program in ac-
cordance 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 registra-
tion agency shall notify the Secretary and the sponsor of the de-
termination in writing, and permit the sponsor to request a
hearing by the Office of Administrative Law Judges. The reg-
istration agency shall transmit to the Secretary a report con-
taining all pertinent facts and circumstances concerning the de-
termination, including findings and a recommendation for
deregistration, and copies of all relevant documents and
records. If the sponsor does not request the hearing not later
than 15 days after receiving such notification, the registration
agency shall deregister the program after the period for request-
ing such a hearing has expired.
(4) NOTIFICATION AND TREATMENT OF APPRENTICES.—Not
later than 15 days after the registration agency deregisters a
program, the sponsor or program administrator shall notify
program participant—
(A) of such deregistration and the effective date;
(B) that such deregistration automatically deprives the
program participant of individual registration as part of
such youth apprenticeship, pre-apprenticeship, or appren-
ticeship program, including the ability to receive a certifi-
cate of completion from the registration agency;
(C) that the deregistration of the program removes the
program participant from eligibility for any Federal finan-
cial or other assistance, or rights, privileges, or exemptions
under Federal law, that—
(i) relates to an apprentice; and
(ii) requires the registration agency’s approval; and
(D) that all youth apprentices, pre-apprentices, or appren-
tices are referred to the registration agency for information
about potential transfers to other programs under the na-
tional apprenticeship system.
SEC. 132. NATIONAL APPRENTICESHIP SYSTEM RESEARCH.
(a) RESEARCH.—The Secretary shall conduct, through an inde-
pendent entity, research for the purpose of improving the manage-
ment and effectiveness of the programs and activities carried out
under this Act and to assist in the evaluation of the programs as
described in section 131.
(b) TECHNIQUES.—The research conducted under this section shall
utilize appropriate methodology and research designs.
(c) CONTENTS.—Such research shall address—
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(1) the general effectiveness of such programs and activities
in relation to their cost, including the extent to which the pro-
grams and activities—
(A) improve the skill and employment competencies of
participants in comparison to comparably-situated individ-
uals who did not participate in such programs and activi-
ties;
(B) to the extent feasible, increase the levels of total em-
ployment, of attainment of recognized postsecondary cre-
dentials, and of measurable skills, above the levels that
would have existed in the absence of such programs and ac-
tivities;
(C) respond to the needs reflected in labor market data
in the local area and align with high-skill, high-wage, or
in-demand industries or occupations; and
(D) demonstrate a return on investment of Federal, State,
local, sponsor, employer, and other funding for programs
under the national apprenticeship system, capturing the
full level of investment in, and impact of, such programs
under the national apprenticeship system;
(2) the impact of the National Apprenticeship Act of 2020 on
the general effectiveness of programs under the national ap-
prenticeship system, including the implementation of policies
such as dual or concurrent enrollment programs, advanced
standing, or industry recognized apprenticeable occupations;
(3) best practices in increasing nontraditional apprenticeship
populations’ participation in programs under the national ap-
prenticeship system; and
(4) opportunities to scale up effective models under the na-
tional apprenticeship system.
(d) REPORTS.—
(1) INDEPENDENT ENTITY.—The independent entity carrying
out the research shall prepare and submit to the Secretary—
(A) an interim report containing findings from the re-
search; and
(B) a final report containing the results of the research,
including policy recommendations.
(2) REPORTS TO CONGRESS.—Not later than 60 days after re-
ceipt of the interim report and final report described in sub-
paragraphs (A) and (B) of paragraph (1), respectively, the Sec-
retary shall submit each report to the Committee on Education
and Labor of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate.
(e) PUBLIC ACCESS.—The Secretary shall make the interim and
final reports available on a publicly accessible website not later
than 60 days after the receipt of the interim and final report.
Subtitle D—General Provisions
SEC. 141. AUTHORIZATION OF APPROPRIATIONS.
(a) OFFICE OF APPRENTICESHIP.—There are authorized to be ap-
propriated to carry out sections 111 and 112—
(1) $50,000,000 for fiscal year 2021;
(2) $60,000,000 for fiscal year 2022;
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(3) $70,000,000 for fiscal year 2023;
(4) $80,000,000 for fiscal year 2024; and
(5) $90,000,000 for fiscal year 2025.
(b) INTERAGENCY AGREEMENT.—There are authorized to be appro-
priated to carry out section 114—
(1) $10,000,000 for fiscal year 2021;
(2) $12,000,000 for fiscal year 2022;
(3) $14,000,000 for fiscal year 2023;
(4) $16,000,000 for fiscal year 2024; and
(5) $18,000,000 for fiscal year 2025.
TITLE II—MODERNIZING THE NATIONAL
APPRENTICESHIP SYSTEM FOR THE
21st CENTURY GRANTS
SEC. 201. GRANT REQUIREMENTS.
(a) AUTHORITY.—
(1) IN GENERAL.—The Administrator shall award grants, con-
tracts, or cooperative agreements to eligible entities on a com-
petitive basis for one or more of the following purposes:
(A) CREATION AND EXPANSION ACTIVITIES.—To expand
the offerings of programs under the national apprenticeship
system—
(i) to create new apprenticeship programs in a non-
traditional apprenticeship industry or occupation, such
as for programs demonstrating demand in information
technology, energy, green jobs, advanced manufac-
turing, health care, or cybersecurity;
(ii) to expand existing apprenticeship programs dem-
onstrating labor market demand;
(iii) to create new or expand existing pre-apprentice-
ship programs; or
(iv) to create new or expand existing youth appren-
ticeship programs.
(B) ENCOURAGING EMPLOYER PARTICIPATION.—To encour-
age employer participation in programs under the national
apprenticeship system—
(i) that target individuals with barriers to employ-
ment in youth apprenticeship, pre-apprenticeship, or
apprenticeship programs, prioritizing nontraditional
apprenticeship populations such as women, minorities,
long-term unemployed, individuals with a disability,
individuals with substance abuse issues, veterans,
military spouses, individuals experiencing homeless-
ness, individuals impacted by the criminal or juvenile
justice system, and foster and former foster youth;
(ii) that are in high-need social service-related indus-
tries, sectors, or occupations, such as direct care work-
ers and early childhood educators;
(iii) that target individuals currently or recently in-
carcerated; or
(iv) among small- and medium-sized employers.
(C) INTERMEDIARY GRANTS.—If the eligible entity is a
qualified intermediary—
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(i) to support national industry and equity inter-
mediaries 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, in-
formation technology, cyber security, health care,
insurance and finance, energy, hospitality, retail,
construction, and other sectors identified by the
Administrator and the Advisory Committee as tar-
geted for expansion under the national apprentice-
ship system; or
(II) for nontraditional apprenticeship popu-
lations, women, minorities, individuals with dis-
abilities, and individuals impacted by the criminal
or juvenile justice system; or
(ii) to serve programs under the national apprentice-
ship system in a local or regional setting.
(D) EDUCATIONAL ALIGNMENT.—To strengthen alignment
between programs under the national apprenticeship sys-
tem and education and training providers with secondary
and postsecondary education systems, including degree and
credential requirements.
(2) DURATION.—
(A) IN GENERAL.—The Administrator shall award grants
under this subsection for a period of not more than 3 years.
(B) EXTENSION.—The eligible entity may apply for, and
the Administrator may grant, an extension of the grant pe-
riod for not more than 1 additional 2-year period, if the
grant recipient demonstrates to the Administrator that the
recipient—
(i) has effectively implemented a project to achieve its
stated purpose as described in subsections (e) and (f);
(ii) has complied with the assurances as described in
subsection (e)(9); and
(iii) has improved applicable outcomes, as dem-
onstrated through indicators referred to in section
203(a)(2).
(b) FUNDING REQUIREMENTS.—
(1) MATCHING FUNDS REQUIRED.—The Administrator shall re-
quire, as a condition of receipt of funds under this section, an
eligible entity to match funds awarded under this section in an
amount not less than 25 percent of the funds awarded to such
recipient under this section. Such eligible entity may make the
matching funds available directly or through donations from
non-Federal, public, or private organizations, in cash or in
kind, fairly evaluated.
(2) WAIVER.—The Administrator may waive the requirement
under paragraph (1) if the entity demonstrates that exceptional
circumstances prevent the entity from meeting the requirement,
such as demonstrating that the entity serves a high proportion
of individuals with barriers to employment, or due to excep-
tional or uncontrollable circumstances, such as a natural dis-
aster or a precipitous and unforeseen decline in the financial re-
sources of the eligible entity.
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(c) PRIORITY AND DISTRIBUTION.—
(1) PRIORITY.—In awarding grants under this section, the Ad-
ministrator shall give priority to an eligible entity—
(A) proposing to serve a high number or high percentage
of participants who are from nontraditional apprenticeship
populations; and
(B) providing opportunities in high-wage, high-skill, or
in-demand sectors and occupations.
(2) GEOGRAPHIC DISTRIBUTION.—In awarding grants under
this subsection, the Administrator shall, to the extent prac-
ticable, ensure a geographically diverse distribution of grants,
including a geographically diverse distribution among regions
of the country and among urban, suburban, and rural areas.
(d) ELIGIBLE ENTITY.—To be eligible to apply for grants under
this title, an eligible entity shall—
(1) demonstrate a partnership with two or more of the fol-
lowing:
(A) a State or local workforce development board or State
or local workforce agency;
(B) an education and training provider, or a consortium
thereof;
(C) a State apprenticeship agency;
(D) an Indian Tribe or Tribal organization;
(E) an industry or sector partnership, a group of employ-
ers, a trade association, or a professional association that
sponsors or participates in a program under the national
apprenticeship system;
(F) a Governor;
(G) a labor organization or joint-labor management orga-
nization;
(H) community-based organizations that assist program
participants in accessing supportive services; or
(I) a qualified intermediary; and
(2) to the extent practicable, be part of an industry or sector
partnership.
(e) GENERAL APPLICATION REQUIREMENTS.—An eligible entity ap-
plying for a grant under this section shall submit to the Adminis-
trator a description of each of the following:
(1) Each purpose under subsection (a) for which the applicant
intends to use such grant.
(2) Each entity with which the eligible entity is partnered or
engaged under subsection (d) and the role of each such entity
in carrying out activities funded under this subsection.
(3) The ability of the applicant, directly or through partners—
(A) to enroll, instruct, advance, and graduate program
participants served by the grant activities, and enable the
participants to gain employment after program completion;
(B) to support (including by providing technical assist-
ance) program sponsors and employers (especially small-
and medium-sized businesses) in the creation of, recruit-
ment for, and execution of programs under the national ap-
prenticeship system; and
(C) to provide opportunities to rural communities, as ap-
plicable.
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(4) A labor market analysis with respect to the geographic
area of service that demonstrates—
(A) the need to create or expand the program; and
(B) a plan to align the activities supported by the grant
with the labor market needs of high-skill, high-wage, or in-
demand industry sectors or occupations.
(5) A plan—
(A) to comply with requirements for an evaluation and
report under section 203;
(B) as appropriate, to coordinate activities assisted under
the grant with activities carried out under the Carl D. Per-
kins Career and Technical Education Act of 2006 (20
U.S.C. 2301 et seq.), the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6301 et seq.), the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001 et seq.), the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.),
and any related Federal programs and if appropriate, how
funds provided under these programs will be leveraged in
support of the programs supported by this grant;
(C) to use funds awarded under this section in support
of the programs supported by this grant, as described in
section 202;
(D) to continue the program after the grant period ends;
and
(E) to recruit and retain program participants for pre-ap-
prenticeship, youth apprenticeship, and apprenticeship pro-
grams, including from nontraditional apprenticeship popu-
lations, such as women, minorities, individuals with dis-
abilities, individuals impacted by the criminal or juvenile
justice system, and individuals with barriers to employ-
ment, to ensure program participants are able to access
supportive services, as applicable, and how such plan will
support the eligible entity in meeting the equal opportunity
requirements for diversity described in subparagraphs (B)
and (C) of section 111(b)(7) and section 113(c)(5), as appli-
cable.
(6) For any grants expanding existing programs under the
national apprenticeship system, a description of—
(A) a plan to coordinate the activities carried out under
the grant with the existing program; and
(B) the effectiveness of the program, including demonstra-
tions of programmatic components such as program costs to
employers and to program participants, completion and
placement rates, credential attainment, diversity in popu-
lations served, the effectiveness of the program in increas-
ing participant’s wages and benefits, or services provided to
employers and program participants.
(7) A description of potential program participants and strat-
egies to support the recruitment, retention, and completion of
such participants, including nontraditional apprenticeship pop-
ulations and individuals with barriers to employment, to the ex-
tent practicable.
(8) A description of strategies to recruit and support employ-
ers involved in programs under the national apprenticeship sys-
tem.
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(9) An assurance that the eligible entity will—
(A) provide information to the Administrator, as re-
quested, for any such evaluations as the Administrator may
carry out;
(B) make program performance outcome data available
(in accordance with applicable data privacy laws, includ-
ing section 444 of the General Education Provisions Act (20
U.S.C. 1232g) and section 4 of this Act) to independent
evaluators to enable the evaluators to prepare the evalua-
tions and research reports described in section 203(a)(1);
and
(C) coordinate grant activities with a State Apprentice-
ship Agency, if such agency exists in the State where the el-
igible entity is applying for a grant or carrying out activi-
ties.
(f) ADDITIONAL APPLICATION REQUIREMENTS.—The Administrator
shall require an eligible entity applying for a grant under this title
to include as part of their application in subsection (e) the following
information, as applicable:
(1) CREATION AND EXPANSION ACTIVITIES.—
(A) NEW APPRENTICESHIP PROGRAMS.—An eligible entity
applying to create new apprenticeship programs and carry
out activities in accordance with subsection (a)(1)(A)(i)
shall include as part of their application a description of—
(i) any plans for further expansion upon development
of the program; and
(ii) employers, and to the extent practicable, labor or-
ganizations or joint labor-management organizations,
engaged in the program creation and implementation.
(B) EXPANDING APPRENTICESHIP PROGRAMS.—An eligible
entity applying to expand existing apprenticeship programs
and carry out activities in accordance with subsection
(a)(1)(A)(ii) shall include as part of their application a de-
scription of employers engaged in the program expansion.
(C) CREATING OR EXPANDING PRE-APPRENTICESHIP PRO-
GRAMS.—An eligible entity applying to create or expand
pre-apprenticeship programs and carry out activities in ac-
cordance with subsection (a)(1)(A)(iii) shall include as part
of their application a description of—
(i) a partnership between the eligible entity and at
least one apprenticeship program; and
(ii) existing partnerships with employers acting in ei-
ther an advisory capacity or actively participating in
the pre-apprenticeship program.
(D) CREATING OR EXPANDING YOUTH APPRENTICESHIP
PROGRAMS.—An eligible entity applying to create or expand
youth apprenticeship programs and carry out activities in
accordance with subsection (a)(1)(A)(iv) shall include as
part of their application a description of—
(i) an existing partnership with at least one high
school offering related instruction for the youth appren-
ticeship program, with existing integration into the
academic content of the high school diploma require-
ments, or with demonstrated plans for integration of
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related instruction into the high school curriculum;
and
(ii) existing partnerships with employers acting in ei-
ther an advisory capacity or actively participating in
the youth apprenticeship program.
(2) ENCOURAGING EMPLOYER PARTICIPATION.—
(A) INDIVIDUALS WITH BARRIERS TO EMPLOYMENT.—An el-
igible entity applying to target individuals with barriers to
employment for apprenticeship, youth apprenticeship, or
pre-apprenticeship programs and carry out activities in ac-
cordance with subsection (a)(1)(B)(i) shall include as part
of their application a description of—
(i) specific strategies to target both individuals with
barriers to employment and employers for participation
in the program; and
(ii) partnerships with organizations that assist pro-
gram participants in accessing supportive services to
support recruitment, retention, and completion of the
program by program participants.
(B) HIGH-NEED SOCIAL SERVICE-RELATED INDUSTRIES.—
An eligible entity applying to offer pre-apprenticeship,
youth apprenticeship, or apprenticeship programs in high-
need social service-related industries, sectors, or occupa-
tions and carry out activities in accordance with subsection
(a)(1)(B)(ii) shall include as part of their application a de-
scription of wages and benefits offered to program partici-
pants.
(C) INDIVIDUALS CURRENTLY OR RECENTLY INCARCER-
ATED.—An eligible entity applying to target individuals
currently or recently incarcerated and establish or carry out
pre-apprenticeship programs and apprenticeship programs
in accordance with subsection (a)(1)(B)(iii) shall include as
part of their application a description of—
(i) a plan to assist the program participants in ob-
taining the documentation and work authorization nec-
essary to participate in such program;
(ii) partnerships with organizations that will assist
program participants in accessing activities to improve
financial literacy and supportive services;
(iii) how the assessments used to support the place-
ment of potential program participants into a program
accurately reflect the participants’ skills and com-
petencies;
(iv) a plan to provide information about resources to
program participants to address mental health or sub-
stance abuse issues;
(v) partnerships with organizations that support—
(I) the transition from incarceration to re-entry,
such as assistance with housing, transportation,
and legal services; and
(II) successful completion of an apprenticeship or
pre-apprenticeship program;
(vi) wages and benefits offered to program partici-
pants that are commensurate with wages for similar
work in the State or local area, as allowable; and
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(vii) alignment and necessary supports to comply
with and receive the benefits of the Federal Bonding
Program and the Prison Industry Enhancement Cer-
tification Program for employers participating in ap-
prenticeship programs.
(D) SMALL- AND MEDIUM-SIZED EMPLOYERS.—An eligible
entity applying to engage small- and medium-sized employ-
ers and carry out activities in accordance with subsection
(a)(1)(B)(iv) shall include as part of their application a de-
scription of demonstrated success in engaging small- and
medium-sized employers and the ability to recruit new em-
ployers to participate in related partnerships or programs,
such as small businesses owned or controlled by women,
minorities, or veterans.
(3) INTERMEDIARY GRANTS.—
(A) SUPPORTING NATIONAL INDUSTRY AND EQUITY INTER-
MEDIARIES.—An eligible entity applying to carry out activi-
ties in accordance with subsection (a)(1)(C)(i) shall include
as part of their application a description of the ability of
such entity to convene a diverse group of industry specific
stakeholders for the purposes of developing or expanding
programs, including employers, workforce development or-
ganizations, industry associations, labor groups (including
joint labor-management organizations), and education and
training providers at a national level or with national
reach.
(B) SERVING PROGRAMS IN A LOCAL OR REGIONAL SET-
TING.—An eligible entity applying to carry out activities in
accordance with subsection (a)(1)(C)(ii) shall include as
part of their application a description of how such entity
will—
(i) engage employers, especially small- and medium-
sized businesses, in the formation or ongoing develop-
ment of industry or sector partnerships and programs
in the national apprenticeship system;
(ii) identify the industry or sector partnerships that
will be served, and demonstrate alignment to high-
skill, high-wage, or in-demand industry sectors or oc-
cupations;
(iii) leverage additional resources, including funding
provided by Federal and non-Federal resources; and
(iv) provide services to program sponsors and pro-
gram participants.
(4) EDUCATIONAL ALIGNMENT.—An eligible entity applying to
carry out activities in accordance with subsection (a)(1)(D) shall
include as part of their application a description of—
(A) a demonstration of a partnership with—
(i)(I) no less than three sponsors or employers; or
(II) an industry or sector partnership; and
(ii) at least 1 of the following—
(I) an educational service agency;
(II) a high school;
(III) a local educational agency;
(IV) State educational agency;
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(V) an Indian Tribe, Tribal organization, Tribal
educational agency, Tribally controlled college or
university, or Tribally controlled postsecondary ca-
reer and technical institution, as applicable;
(VI) a postsecondary educational institution; or
(VII) a State higher education agency; and
(B) a commitment to establishing or expanding the align-
ment of the related instruction to—
(i) the requirements for a high school diploma, which
may be fulfilled through a dual or concurrent enroll-
ment program; or
(ii) the requirements for a recognized postsecondary
credential, including the degree requirements for an as-
sociate’s or bachelor’s degree.
SEC. 202. USES OF FUNDS.
(a) GENERAL ACTIVITIES.—An eligible entity applying for any
grant activity under section 201(a)(1)—
(1) shall use at least 5 percent of the grant funds to provide
direct financial assistance to apprentices, pre-apprentices, or
youth apprentices through emergency grants to support their fi-
nancial needs to enter, remain enrolled in, and complete such
program, such as support for the related costs of supplies and
equipment, courses, transportation, child care, and housing;
and
(2) may use funds for any of the following activities:
(A) To establish or expand partnerships with organiza-
tions that provide program participants access to financial
planning, mentoring, and supportive services that are nec-
essary to enable an individual to participate in and com-
plete a program under the national apprenticeship system.
(B) To conduct outreach and recruitment activities, in-
cluding assessments of potential participants for, and en-
rollment of participants in, a program under the national
apprenticeship system.
(C) To conduct outreach, engagement, recruitment, and
coordination of activities with employers, industry associa-
tions, labor and joint labor-management organizations,
qualified intermediaries, education and training providers,
State or local workforce agencies, potential sponsors, com-
munity-based organizations, communities with high num-
bers or percentages of nontraditional apprenticeship popu-
lations, small- and medium-sized businesses, or rural com-
munities to establish or expand industry or sector partner-
ships and opportunities under the national apprenticeship
system.
(D) To carry out grant requirements, including program
evaluation and reporting requirements.
(E) To conduct any activities as described in the applica-
tion that would advance the purposes of the grant.
(F) To support the transition to virtual or remote learn-
ing or training, as necessary and as approved by the reg-
istration agency.
(b) ADDITIONAL USES OF FUNDS.—
(1) CREATION OR EXPANSION ACTIVITIES.—
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(A) APPRENTICESHIP PROGRAM CREATION.—An eligible en-
tity that receives funds under section 201(a)(1)(A)(i) shall
use such funding to create and implement an apprentice-
ship program, which may include—
(i) creating and providing training and related in-
struction based on employer engagement;
(ii) applying apprenticeship frameworks as described
in section 111(b)(5)(C) to the State or local labor mar-
ket and employer needs; or
(iii) aligning the new program with existing appren-
ticeship programs.
(B) APPRENTICESHIP PROGRAM EXPANSION.—An eligible
entity that receives funds under section 201(a)(1)(A)(ii)
shall use such funds to expand an existing apprenticeship
program, which may include—
(i) expanding and enhancing related instruction;
(ii) conducting outreach to and engagement with em-
ployers for the purposes of program expansion, includ-
ing creation of new or expansion of existing industry or
sector partnerships;
(iii) preparing additional instructors or mentors
needed for program expansion;
(iv) building awareness of apprenticeship program
opportunities for State or local workforce development,
education, and economic development entities; and
(v) providing commensurate wages to wages for on-
the-job training for program participants during re-
lated instruction, as applicable.
(C) PRE-APPRENTICESHIP PROGRAMS.—An eligible entity
that receives funds under section 201(a)(1)(A)(iii) shall use
such funds to create a new pre-apprenticeship program or
expand an existing pre-apprenticeship program, which may
include—
(i) coordinating pre-apprenticeship program activi-
ties with an apprenticeship program in a high-skill,
high-wage, or in-demand industry sector or occupation,
including the creation or expansion of work-based
learning opportunities, and articulation agreements for
those who successfully complete a pre-apprenticeship to
earn academic credit and enroll in an apprenticeship
program;
(ii) creating, expanding, or integrating related in-
struction and work-based learning, which may include
training in the workplace and supporting partnerships
to create opportunities for pre-apprentices to earn credit
at a postsecondary educational institution for skills
and competencies acquired during the pre-apprentice-
ship program;
(iii) providing participants with career exploration
and career planning activities and with exploration of
postsecondary opportunities including apprenticeship
programs;
(iv) with respect to participants without a high
school diploma or a generally recognized equivalent,
paying the costs affiliated with acquiring such equiva-
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lent, and the costs of any related assessments of poten-
tial pre-apprentices or active pre-apprentices, including
those that would verify the attainment of foundational
knowledge and skills necessary to succeed in an ap-
prenticeship program;
(v) development or expansion of partnerships with or-
ganizations that assist program participants in access-
ing supportive services, which may include the 12-
month period after the conclusion of a pre-apprentice-
ship program;
(vi) providing commensurate wages to the linked ap-
prenticeship program for pre-apprentices as they par-
ticipate in and complete the pre-apprenticeship pro-
gram, as appropriate;
(vii) paying the cost of related instruction associated
with the pre-apprenticeship program, as appropriate;
or
(viii) creating or expanding industry or sector part-
nerships to support the pre-apprenticeship program
and to provide additional opportunities to the pre-ap-
prentices.
(D) YOUTH APPRENTICESHIP PROGRAMS.—An eligible enti-
ty that receives funds under section 201(a)(1)(A)(iv) shall
use such funds to create a new youth apprenticeship pro-
gram or expand an existing youth apprenticeship program,
which may include—
(i) paying for the costs associated with curriculum
development and alignment of that curriculum with
recognized postsecondary credentials including indus-
try-recognized credentials, high school graduation re-
quirements, and related instruction, including cur-
riculum development for dual or concurrent enroll-
ment;
(ii) providing employers, and to the extent prac-
ticable, labor organizations and joint labor manage-
ment organizations, technical assistance to support the
participation of youth apprentices under the age of 18;
(iii) integrating work-based and academic learning,
which may include training in the workplace;
(iv) providing career exploration and career planning
activities, including exploration of postsecondary op-
portunities such as apprenticeship programs;
(v) providing technical assistance to support the par-
ticipation of small- and medium-sized businesses in
youth apprenticeship programs;
(vi) developing or expanding partnerships with orga-
nizations that assist program participants in accessing
supportive services, which may include the 12-month
period after the conclusion of such a youth apprentice-
ship program; or
(vii) providing teachers, career guidance and aca-
demic counselors, school leaders, administrators, spe-
cialized instructional support personnel, and para-
professionals with professional development opportuni-
ties to build an understanding of apprenticeship oppor-
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tunities available to students, including experiential
opportunities like externships.
(2) INCENTIVE FUNDS.—
(A) BARRIERS TO EMPLOYMENT.—An eligible entity that
receives funds under section 201(a)(1)(B)(i) shall use such
funds to encourage employer participation in programs
under the national apprenticeship system that target indi-
viduals with barriers to employment, which may include—
(i) providing financial assistance to employers to
support costs related to the programs, such as training
incumbent workers for participation as mentors or em-
ployees supervising the on-the-job learning;
(ii) supporting the cost of related instruction or
wages for program participants during related instruc-
tion; and
(iii) establishing or expanding partnerships with or-
ganizations that assist program participants in access-
ing supportive services to support recruitment, reten-
tion, and completion, including providing supplies and
equipment necessary to begin a program under the na-
tional apprenticeship system.
(B) HIGH-NEED SOCIAL SERVICE-RELATED INDUSTRIES.—
An eligible entity that receives funds under section
201(a)(1)(B)(ii) shall use such funds to incentivize employer
participation in programs under the national apprentice-
ship system in high need social service-related industries,
sectors, or occupations, which may include—
(i) providing financial assistance to employers to
support costs related to the program, such as training
incumbent workers as mentors, or employees providing
on-the-job training;
(ii) supporting the cost of related instruction or
wages for program participants during related instruc-
tion;
(iii) establishing or expanding partnerships with or-
ganizations that assist program participants in access-
ing supportive services to support recruitment, reten-
tion, and completion, including providing supplies and
equipment necessary to begin a program under the na-
tional apprenticeship system; or
(iv) aligning such program with career pathways
and opportunities for advancement along such career
pathways.
(C) INDIVIDUALS IMPACTED BY THE JUSTICE SYSTEM.—An
eligible entity that receives funds under section
201(a)(1)(B)(iii) shall use such funds to incentivize em-
ployer participation in programs under the national ap-
prenticeship system that target individuals impacted by the
criminal or juvenile justice system, which may include—
(i) providing financial assistance to employers to
support costs related to the program, such as training
incumbent workers as mentors or employees super-
vising the on-the-job learning; or
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(ii) supporting the cost of related instruction or
wages for program participants during related instruc-
tion.
(D) IN-DEMAND INDUSTRY SECTOR OR OCCUPATION
GRANTS FOR SMALL- AND MEDIUM-SIZED BUSINESSES.— An
eligible entity that receives funds under section
201(a)(1)(B)(iv) shall use such funds to encourage partici-
pation of small- and medium-sized businesses in programs
under the national apprenticeship system, which may in-
clude—
(i) providing financial assistance to employers to
support costs related to the program, such as training
incumbent workers as mentors or employees super-
vising the on-the-job learning;
(ii) supporting the cost of related instruction or
wages for program participants during related instruc-
tion;
(iii) providing technical assistance to small- and me-
dium-sized businesses on the program registration
process and leveraging other available funds to support
carrying out programs supported by this grant; or
(iv) establishing or expanding partnerships to sup-
port program development or expansion, including es-
tablishing or expanding industry or sector partnerships
to ensure inclusion of small- and medium-sized busi-
nesses.
(3) INTERMEDIARY GRANTS.—
(A) NATIONAL INDUSTRY AND EQUITY INTERMEDIARIES.—
An eligible entity that receives funds under section
201(a)(1)(C)(i) shall use such funds to carry out activities
at a national and regional level to support the promotion
and expansion of industry or equity intermediaries, which
may include—
(i) creating partnerships and leveraging collabora-
tions with employers, workforce development organiza-
tions, industry associations, labor organizations, and
education and training providers to help multiple em-
ployers make education and training more affordable
and accelerate the expansion of programs under the
national apprenticeship system nationwide;
(ii) assisting employers in expanding programs,
starting new programs, and working together to create
a pipeline of skilled workers;
(iii) increasing the participation and completion of
nontraditional apprenticeship populations in programs
under the national apprenticeship system, which may
include—
(I) supporting the development, implementation,
and scaling of plans and practices; and
(II) identifying, developing, and disseminating
effective program tools and strategies;
(iv) providing national activities to increase aware-
ness and access to programs, including strategic mar-
keting and outreach, technology improvements, and in-
novations that make it easier for employers to start
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programs and for individuals to connect with program
opportunities;
(v) developing and disseminating training or related
instruction associated with the program or for cur-
riculum improvements that align with the require-
ments of the program and learning assessments; or
(vi) providing industry employees or potential em-
ployees with a clear understanding of future career
paths and the skills needed to succeed, along with cost
effective ways of acquiring those skills through youth
apprenticeship, pre-apprenticeship, or apprenticeship
programs.
(B) LOCAL INTERMEDIARIES.—An eligible entity that re-
ceives funds under section 201(a)(1)(C)(ii) may use such
funds to carry out activities at a local or regional level to
support the promotion and expansion of programs under
the national apprenticeship system, which may include—
(i) providing training or related instruction associ-
ated with the programs or for curriculum improve-
ments that align with the requirements of the programs
and learning assessments;
(ii) engaging with local education and training pro-
viders to support related instruction aligned with the
needs of high-skill, high-wage, or in-demand industry
sectors and occupations, and to the extent practicable,
support the provision of academic credit for related in-
struction;
(iii) providing services, including business engage-
ment, classroom instruction, and development of part-
nerships with organizations that assist program par-
ticipants in accessing supportive services (which may
include the 12-month period after the conclusion of the
other activities in the youth apprenticeship and pre-ap-
prenticeship programs involved);
(iv) providing technical assistance on the registration
process for a sponsor of a youth apprenticeship, pre-ap-
prenticeship, or apprenticeship program;
(v) connecting businesses, labor organizations, or
joint-labor management organizations with education
and training providers to develop related instruction to
complement the on-the-job learning portion of a youth
apprenticeship, pre-apprenticeship, or apprenticeship
program;
(vi) providing training to employees to serve as on-
the-job trainers or mentors to program participants;
and
(vii) providing career exposure, career planning, and
career awareness activities.
(4) EDUCATIONAL ALIGNMENT GRANTS.—An eligible entity that
receives funds under section 201(a)(1)(D) shall use such funds
to strengthen alignment between programs under the national
apprenticeship system and education and training providers
with secondary and postsecondary education systems, including
degree and credential requirements, which may include—
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(A) creating and aligning the related instruction to re-
quirements for a high school diploma or an associate’s or
bachelor’s degree, including through—
(i) dual enrollment and credit articulation for youth
apprenticeship programs;
(ii) articulation agreements; or
(iii) credit transfer agreements;
(B) creating or expanding career pathways aligned with
pre-apprenticeship, youth apprenticeship, or apprenticeship
programs;
(C) providing professional development for teachers, ca-
reer guidance and academic counselors, school leaders, ad-
ministrators, specialized instructional support personnel,
and paraprofessionals to build an understanding of oppor-
tunities in the national apprenticeship system available to
students and to incorporate such opportunities into aca-
demic content and offerings;
(D) offering prior learning assessments, which may in-
clude credit for prior learning to grant advanced standing
in a program under the national apprenticeship system and
credit towards an associate’s or bachelor’s degree;
(E) maintaining a connection between a pre-apprentice-
ship or youth apprenticeship program and an apprentice-
ship program; and
(F) providing training for instructors or mentors.
SEC. 203. GRANT EVALUATIONS.
(a) RECIPIENT REPORTS.—Each recipient of a grant under this
section shall—
(1) provide for an independent evaluation of the activities car-
ried out under this title during the grant period;
(2) provide for an annual report and for a final report at the
conclusion of the grant period, which include—
(A) a description of how the funds received through the
grant were used and how the uses of funds aligned with the
description in the application specified in section
201(e)(5)(C);
(B) in the case of an eligible entity that is required to re-
port data under section 131(b)(1), the data collected under
such section for the grant period;
(C) the total number of active program participants
served by each of the grant programs;
(D) the total number that obtained unsubsidized employ-
ment in a field related to the apprenticeable occupation;
(E) the total number of program participants that com-
pleted the program in which they were enrolled;
(F) the average time to completion for each program as
compared to the program standards description under
paragraphs (1) and (2) of section 123(b);
(G) the average cost per participant during the most re-
cent program year and the 3 preceding program years;
(H) the percentage of participants who received support
services; and
(I) the disaggregation of performance data described in
subparagraphs (A) through (H)—
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(i) by the program type (apprenticeship, youth ap-
prenticeship, or pre-apprenticeship program) involved;
and
(ii) by race, ethnicity, sex, age, and membership in a
population specified in section 3(24) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(24));
and
(3) submit each report under paragraph (2)—
(A) to the registration agency; and
(B) to the Administrator.
(b) ADMINISTRATOR EVALUATIONS.—
(1) IN GENERAL.—The Administrator shall prepare—
(A) not later than 36 months after the date of enactment
of the National Apprenticeship Act of 2020, an interim
evaluation on the activities carried out under grants
awarded under this section; and
(B) not later than 60 months after the date of enactment
of the National Apprenticeship Act of 2020, a final evalua-
tion containing the results of the grant activities.
(2) CONTENTS.—Such evaluations shall address, for the ac-
tivities carried out under each grant awarded under this sec-
tion, the general effectiveness of the activities in relation to their
cost, including the extent to which the activities—
(A) improve the participation in, retention in, and com-
pletion of youth apprenticeship, pre-apprenticeship, and ap-
prenticeship programs by nontraditional apprenticeship
populations;
(B) to the extent feasible, increase the levels of total em-
ployment, of attainment of recognized postsecondary cre-
dentials, and of measurable skills, above the levels that
would have existed in the absence of such activities;
(C) respond to the needs reflected in State, regional, or
local labor market data;
(D) align with high-skill, high-wage, or in-demand in-
dustries or occupations; and
(E) reach a wide variety of industry sectors and occupa-
tions;
(3) REPORTS TO CONGRESS.—Not later than 60 days after the
completion of the interim evaluation and the final evaluation
described in this section, the Administrator shall submit to the
Committee on Education and Labor of the House of Representa-
tives and the Committee on Health, Education, Labor, and Pen-
sions of the Senate a report summarizing the findings of the in-
terim evaluations and a report summarizing the final evalua-
tions.
(4) PUBLIC ACCESS.—The Administrator shall make the in-
terim and final reports available on a publicly accessible
website not later than 60 days after the completion of the in-
terim report and the final report.
SEC. 204. GRANT APPROPRIATIONS.
There are authorized to be appropriated to carry out this title:
(1) $400,000,000 for fiscal year 2021;
(2) $500,000,000 for fiscal year 2022;
(3) $600,000,000 for fiscal year 2023;
(4) $700,000,000 for fiscal year 2024; and
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(5) $800,000,000 for fiscal year 2025.
AMERICAN COMPETITIVENESS AND WORKFORCE
IMPROVEMENT ACT OF 1998
DIVISION C—OTHER MATTERS
* * * * * * *
TITLE IV—AMERICAN COMPETITIVENESS AND WORKFORCE
IMPROVEMENT ACT
* * * * * * *
SEC. 414. COLLECTION AND USE OF H–1B NONIMMIGRANT FEES FOR
SCHOLARSHIPS FOR LOW-INCOME MATH, ENGINEERING,
AND COMPUTER SCIENCE STUDENTS AND JOB TRAINING
OF UNITED STATES WORKERS.
(a)
* * * * * * *
ø(c) JOB TRAINING GRANTS.—
ø(1) IN GENERAL.—The Secretary of Labor shall use funds
available under section 286(s)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1356(s)(2)) to award grants to eligible
entities to provide job training and related activities for work-
ers to assist them in obtaining or upgrading employment in in-
dustries and economic sectors identified pursuant to paragraph
(4) that are projected to experience significant growth and en-
sure that job training and related activities funded by such
grants are coordinated with the public workforce investment
system.
ø(2) USE OF FUNDS.—
ø(A) TRAINING PROVIDED.—Funds under this subsection
may be used to provide job training services and related
activities that are designed to assist workers (including
unemployed and employed workers) in gaining the skills
and competencies needed to obtain or upgrade career lad-
der employment positions in the industries and economic
sectors identified pursuant to paragraph (4).
ø(B) ENHANCED TRAINING PROGRAMS AND INFORMA-
TION.—In order to facilitate the provision of job training
services described in subparagraph (A), funds under this
subsection may be used to assist in the development and
implementation of model activities such as developing ap-
propriate curricula to build core competencies and train
workers, identifying and disseminating career and skill in-
formation, and increasing the integration of community
and technical college activities with activities of businesses
and the public workforce investment system to meet the
training needs for the industries and economic sectors
identified pursuant to paragraph (4).
ø(3) ELIGIBLE ENTITIES.—Grants under this subsection may
be awarded to partnerships of private and public sector enti-
ties, which may include—
ø(A) businesses or business-related nonprofit organiza-
tions, such as trade associations;
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ø(B) education and training providers, including commu-
nity colleges and other community-based organizations;
and
ø(C) entities involved in administering the workforce de-
velopment system, as defined in section 3 of the Workforce
Innovation and Opportunity Act, and economic develop-
ment agencies.
ø(4) HIGH GROWTH INDUSTRIES AND ECONOMIC SECTORS.—For
purposes of this subsection, the Secretary of Labor, in consulta-
tion with State workforce investment boards, shall identify in-
dustries and economic sectors that are projected to experience
significant growth, taking into account appropriate factors,
such as the industries and sectors that—
ø(A) are projected to add substantial numbers of new
jobs to the economy;
ø(B) are being transformed by technology and innovation
requiring new skill sets for workers;
ø(C) are new and emerging businesses that are projected
to grow; or
ø(D) have a significant impact on the economy overall or
on the growth of other industries and economic sectors.
ø(5) EQUITABLE DISTRIBUTION.—In awarding grants under
this subsection, the Secretary of Labor shall ensure an equi-
table distribution of such grants across geographically diverse
areas.
ø(6) LEVERAGING OF RESOURCES AND AUTHORITY TO REQUIRE
MATCH.—
ø(A) LEVERAGING OF RESOURCES.—In awarding grants
under this subsection, the Secretary of Labor shall take
into account, in addition to other factors the Secretary de-
termines are appropriate—
ø(i) the extent to which resources other than the
funds provided under this subsection will be made
available by the eligible entities applying for grants to
support the activities carried out under this sub-
section; and
ø(ii) the ability of such entities to continue to carry
out and expand such activities after the expiration of
the grants.
ø(B) AUTHORITY TO REQUIRE MATCH.—The Secretary of
Labor may require the provision of specified levels of a
matching share of cash or noncash resources from re-
sources other than the funds provided under this sub-
section for projects funded under this subsection.
ø(7) PERFORMANCE ACCOUNTABILITY.—The Secretary of
Labor shall require grantees to report on the employment out-
comes obtained by workers receiving training under this sub-
section using indicators of performance that are consistent
with other indicators used for employment and training pro-
grams administered by the Secretary, such as entry into em-
ployment, retention in employment, and increases in earnings.
The Secretary of Labor may also require grantees to partici-
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pate in evaluations of projects carried out under this sub-
section.¿
* * * * * * *
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE II—IMMIGRATION
* * * * * * *
CHAPTER 9—MISCELLANEOUS
* * * * * * *
DISPOSITION OF MONEYS COLLECTED UNDER THE PROVISIONS OF THIS
TITLE
SEC. 286. (a) All moneys paid into the Treasury to reimburse the
Service for detention, transportation, hospitalization, and all other
expenses of detained aliens paid from the appropriation for the en-
forcement of this Act, and all moneys paid into the Treasury to re-
imburse the Service for expenses of landing stations referred to in
section 238(b) paid by the Service from the appropriation for the
enforcement of this Act, shall be credited to the appropriation for
the enforcement of this Act for the fiscal year in which the ex-
penses were incurred.
(b) Moneys expended from appropriations for the Service for the
purchase of evidence and subsequently recovered shall be reim-
bursed to the current appropriation for the Service.
(c) Except as otherwise provided in subsection (a) and subsection
(b), or in any other provision of this title, all moneys received in
payment of fees and administrative fines and penalties under this
title shall be covered into the Treasury as miscellaneous receipts:
Provided, however, That all fees received from applicants residing
in the Virgin Islands of the United States, and in Guam, required
to be paid under section 281, shall be paid over to the Treasury of
the Virgin Islands and to the Treasury of Guam, respectively.
(d) SCHEDULE OF FEES.—In addition to any other fee authorized
by law, the Attorney General shall charge and collect $7 per indi-
vidual for the immigration inspection of each passenger arriving at
a port of entry in the United States, or for the preinspection of a
passenger in a place outside of the United States prior to such ar-
rival, aboard a commercial aircraft or commercial vessel.
(e) LIMITATIONS OF FEES.—(1) Except as provided in paragraph
(3), no fee shall be charged under subsection (d) for immigration in-
spection or preinspection provided in connection with the arrival of
any passenger, other than aircraft passengers, whose journey origi-
nated in the following:
(A) Canada,
(B) Mexico,
(C) a State, territory or possession of the United States, or
(D) any adjacent island (within the meaning of section
101(b)(5)).
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(2) No fee may be charged under subsection (d) with respect to
the arrival of any passenger—
(A) who is in transit to a destination outside the United
States, and
(B) for whom immigration inspection services are not pro-
vided.
(3) The Attorney General shall charge and collect $3 per in-
dividual for the immigration inspection or pre-inspection of
each commercial vessel passenger whose journey originated in
the United States or in any place set forth in paragraph (1):
Provided, That this requirement shall not apply to immigration
inspection at designated ports of entry of passengers arriving
by ferry, or by Great Lakes vessels on the Great Lakes and
connecting waterways when operating on a regular schedule.
For the purposes of this paragraph, the term ‘‘ferry’’ means a
vessel, in other than ocean or coastwise service, having provi-
sions only for deck passengers and/or vehicles, operating on a
short run on a frequent schedule between two points over the
most direct water route, and offering a public service of a type
normally attributed to a bridge or tunnel.
(f) COLLECTION.—(1) Each person that issues a document or tick-
et to an individual for transportation by a commercial vessel or
commercial aircraft into the United States shall—
(A) collect from that individual the fee charged under sub-
section (d) at the time the document or ticket is issued; and
(B) identify on that document or ticket the fee charged under
subsection (d) as a Federal inspection fee.
(2) If—
(A) a document or ticket for transportation of a passenger
into the United States is issued in a foreign country; and
(B) the fee charged under subsection (d) is not collected at
the time such document or ticket is issued;
the person providing transportation to such passenger shall collect
such fee at the time such passenger departs from the United States
and shall provide such passenger a receipt for the payment of such
fee.
(3) The person who collects fees under paragraph (1) or (2) shall
remit those fees to the Attorney General at any time before the
date that is thirty-one days after the close of the calendar quarter
in which the fees are collected, except the fourth quarter payment
for fees collected from airline passengers shall be made on the date
that is ten days before the end of the fiscal year, and the first quar-
ter payment shall include any collections made in the preceding
quarter that were not remitted with the previous payment. Regula-
tions issued by the Attorney General under this subsection with re-
spect to the collection of the fees charged under subsection (d) and
the remittance of such fees to the Treasury of the United States
shall be consistent with the regulations issued by the Secretary of
the Treasury for the collection and remittance of the taxes imposed
by subchapter C of chapter 33 of the Internal Revenue Code of
1986, but only to the extent the regulations issued with respect to
such taxes do not conflict with the provisions of this section.
(g) PROVISION OF IMMIGRATION INSPECTION AND PREINSPECTION
SERVICES.—Notwithstanding the Act of March 2, 1931, 46 Stat.
1467 (8 U.S.C. 1353b), or any other provision of law, the immigra-
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tion services required to be provided to passengers upon arrival in
the United States on scheduled airline flights shall be adequately
provided when needed and at no cost (other than the fees imposed
under subsection (d)) to airlines and airline passengers at:
(1) immigration serviced airports, and
(2) places located outside of the United States at which an
immigration officer is stationed for the purpose of providing
such immigration services.
(h) DISPOSITION OF RECEIPTS.—(1)(A) There is established in the
general fund of the Treasury a separate account which shall be
known as the ‘‘Immigration User Fee Account’’. Notwithstanding
any other section of this title, there shall be deposited as
graphicting receipts into the Immigration User Fee Account all fees
collected under subsection (d) of this section, to remain available
until expended. At the end of each 2-year period, beginning with
the creation of this account, the Attorney General, following a pub-
lic rulemaking with opportunity for notice and comment, shall sub-
mit a report to the Congress concerning the status of the account,
including any balances therein, and recommend any adjustment in
the prescribed fee that may be required to ensure that the receipts
collected from the fee charged for the succeeding two years equal,
as closely as possible, the cost of providing these services.
(B) Notwithstanding any other provisions of law, all civil fines or
penalties collected pursuant to sections 243(c), 271, and 273 of this
title and all liquidated damages and expenses collected pursuant to
this Act shall be deposited in the Immigration User Fee Account.
(2)(A) The Secretary of the Treasury shall refund out of the Im-
migration User Fee Account to any appropriation the amount paid
out of such appropriation for expenses incurred by the Attorney
General in providing immigration inspection and preinspection
services for commercial aircraft or vessels and in—
(i) providing overtime immigration inspection services for
commercial aircraft or vessels;
(ii) administration of debt recovery, including the establish-
ment and operation of a national collections office;
(iii) expansion, operation and maintenance of information
systems for nonimmigrant control and debt collection;
(iv) detection of fraudulent documents used by passengers
traveling to the United States, including training of, and tech-
nical assistance to, commercial airline personnel regarding
such detection;
(v) providing detention and removal services for inadmissible
aliens arriving on commercial aircraft and vessels and for any
alien who is inadmissible under section 212(a) who has at-
tempted illegal entry into the United States through avoidance
of immigration inspection at air or sea ports-of-entry; and
(vi) providing removal and asylum proceedings at air or sea
ports-of-entry for inadmissible aliens arriving on commercial
aircraft and vessels including immigration removal proceedings
resulting from presentation of fraudulent documents and fail-
ure to present documentation and for any alien who is inad-
missible under section 212(a) who has attempted illegal entry
into the United States through avoidance of immigration in-
spection at air or sea ports-of-entry.
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The Attorney General shall provide for expenditures for training
and assistance described in clause (iv) in an amount, for any fiscal
year, not less than 5 percent of the total of the expenses incurred
that are described in the previous sentence.
(B) The amounts which are required to be refunded under sub-
paragraph (A) shall be refunded at least quarterly on the basis of
estimates made by the Attorney General of the expenses referred
to in subparagraph (A). Proper adjustments shall be made in the
amounts subsequently refunded under subparagraph (A) to the ex-
tent prior estimates were in excess of, or less than, the amount re-
quired to be refunded under subparagraph (A).
(i) REIMBURSEMENT.—Notwithstanding any other provision of
law, the Attorney General is authorized to receive reimbursement
from the owner, operator, or agent of a private or commercial air-
craft, train, or vessel, or from any airport, rail line, or seaport au-
thority for expenses incurred by the Attorney General in providing
immigration inspection services which are rendered at the request
of such person or authority (including the salary and expenses of
individuals employed by the Attorney General to provide such im-
migration inspection services). Reimbursements under this sub-
section may be collected in advance of the provision of such immi-
gration inspection services. Notwithstanding subsection (h)(1)(B),
and only to the extent provided in appropriations Acts, any
amounts collected under this subsection shall be credited as
graphicting collections to the currently applicable appropriation, ac-
count, or fund of U.S. Customs and Border Protection, remain
available until expended, and be available for the purposes for
which such appropriation, account, or fund is authorized to be
used.
(j) REGULATIONS.—The Attorney General may prescribe such
rules and regulations as may be necessary to carry out the provi-
sions of this section.
(k) ADVISORY COMMITTEE.—In accordance with the provisions of
the Federal Advisory Committee Act, the Attorney General shall
establish an advisory committee, whose membership shall consist
of representatives from the airline and other transportation indus-
tries who may be subject to any fee or charge authorized by law
or proposed by the Immigration and Naturalization Service for the
purpose of covering expenses incurred by the Immigration and Nat-
uralization Service. The advisory committee shall meet on a peri-
odic basis and shall advise the Attorney General on issues related
to the performance of the inspectional services of the Immigration
and Naturalization Service. This advice shall include, but not be
limited to, such issues as the time periods during which such serv-
ices should be performed, the proper number and deployment of in-
spection officers, the level of fees, and the appropriateness of any
proposed fee. The Attorney General shall give substantial consider-
ation to the views of the advisory committee in the exercise of his
duties.
(l) REPORT TO CONGRESS.—In addition to the reporting require-
ments established pursuant to subsection (h), the Attorney General
shall prepare and submit annually to the Congress, not later than
March 31st of each year, a statement of the financial condition of
the ‘‘Immigration User Fee Account’’ including beginning account
balance, revenues, withdrawals and their purpose, ending balance,
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projections for the ensuing fiscal year and a full and complete
workload analysis showing on a port by port basis the current and
projected need for inspectors. The statement shall indicate the suc-
cess rate of the Immigration and Naturalization Service in meeting
the forty-five minute inspection standard and shall provide detailed
statistics regarding the number of passengers inspected within the
standard, progress that is being made to expand the utilization of
United States citizen by-pass, the number of passengers for whom
the standard is not met and the length of their delay, locational
breakdown of these statistics and the steps being taken to correct
any non-conformity.
(m) Notwithstanding any other provisions of law, all adjudication
fees as are designated by the Attorney General in regulations shall
be deposited as graphicting receipts into a separate account enti-
tled ‘‘Immigration Examinations Fee Account’’ in the Treasury of
the United States, whether collected directly by the Attorney Gen-
eral or through clerks of courts: Provided, however, That all fees re-
ceived by the Attorney General from applicants residing in the Vir-
gin Islands of the United States and in Guam, under this sub-
section shall be paid over to the treasury of the Virgin Islands and
to the treasury of Guam: Provided further, That fees for providing
adjudication and naturalization services may be set at a level that
will ensure recovery of the full costs of providing all such services.
Such fees may also be set at a level that will recover any additional
costs associated with the administration of the fees collected.
(n) All deposits into the ‘‘Immigration Examinations Fee Ac-
count’’ shall remain available until expended to the Attorney Gen-
eral to reimburse any appropriation the amount paid out of such
appropriation for expenses in providing immigration adjudication
and naturalization services and the collection, safeguarding and ac-
counting for fees deposited in and funds reimbursed from the ‘‘Im-
migration Examinations Fee Account’’.
(o) The Attorney General will prepare and submit annually to
Congress statements of financial condition of the ‘‘Immigration Ex-
aminations Fee Account’’, including beginning account balance, rev-
enues, withdrawals, and ending account balance and projections for
the ensuing fiscal year.
(p) The provisions set forth in subsections (m), (n), and (o) of this
section apply to adjudication and naturalization services performed
and to related fees collected on or after October 1, 1988.
(q) LAND BORDER INSPECTION FEE ACCOUNT.—(1)(A)(i) Notwith-
standing any other provision of law, the Attorney General is au-
thorized to establish, by regulation, not more than 96 projects
under which a fee may be charged and collected for inspection serv-
ices provided at one or more land border points of entry. Such
projects may include the establishment of commuter lanes to be
made available to qualified United States citizens and aliens, as
determined by the Attorney General.
(ii) This subparagraph shall take effect, with respect to any
project described in clause (1) that was not authorized to be com-
menced before the date of the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, 30 days after
submission of a written plan by the Attorney General detailing the
proposed implementation of such project.
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(iii) The Attorney General shall prepare and submit on a quar-
terly basis a status report on each land border inspection project
implemented under this subparagraph.
(B) The Attorney General, in consultation with the Secretary of
the Treasury, may conduct pilot projects to demonstrate the use of
designated ports of entry after working hours through the use of
card reading machines or other appropriate technology.
(2) All of the fees collected under this subsection, including re-
ceipts for services performed in processing forms I–94, I–94W, and
I–68, and other similar applications processed at land border ports
of entry, shall be deposited as graphicting receipts in a separate ac-
count within the general fund of the Treasury of the United States,
to remain available until expended. Such account shall be known
as the Land Border Inspection Fee Account.
(3)(A) The Secretary of the Treasury shall refund, at least on a
quarterly basis amounts to any appropriations for expenses in-
curred in providing inspection services at land border points of
entry. Such expenses shall include—
(i) the providing of overtime inspection services;
(ii) the expansion, operation and maintenance of information
systems for nonimmigrant control;
(iii) the hire of additional permanent and temporary inspec-
tors;
(iv) the minor construction costs associated with the addition
of new traffic lanes (with the concurrence of the General Serv-
ices Administration);
(v) the detection of fraudulent documents used by passengers
traveling to the United States;
(vi) providing for the administration of said account.
(B) The amounts required to be refunded from the Land Border
Inspection Fee Account for fiscal years 1992 and thereafter shall be
refunded in accordance with estimates made in the budget request
of the Attorney General for those fiscal years: Provided, That any
proposed changes in the amounts designated in said budget re-
quests shall only be made after notification to the Committees on
Appropriations of the House of Representatives and the Senate in
accordance with section 606 of Public Law 101–162.
(4) The Attorney General will prepare and submit annually to
the Congress statements of financial condition of the Land Border
Immigration Fee Account, including beginning account balance,
revenues, withdrawals, and ending account balance and projection
for the ensuing fiscal year.
(r) BREACHED BOND/DETENTION FUND.—
(1) Notwithstanding any other provision of law, there is es-
tablished in the general fund of the Treasury a separate ac-
count which shall be known as the Breached Bond/Detention
Fund (in this subsection referred to as the ‘‘Fund’’).
(2) There shall be deposited as graphicting receipts into the
Fund all breached cash and surety bonds, in excess of
$8,000,000, posted under this Act which are recovered by the
Department of Justice, and amount described in section
245(i)(3)(b).
(3) Such amounts as are deposited into the Fund shall re-
main available until expended and shall be refunded out of the
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Fund by the Secretary of the Treasury, at least on a quarterly
basis, to the Attorney General for the following purposes—
(i) for expenses incurred in the collection of breached
bonds, and
(ii) for expenses associated with the detention of illegal
aliens.
(4) The amounts required to be refunded from the Fund for
fiscal year 1998 and thereafter shall be refunded in accordance
with estimates made in the budget request of the President for
those fiscal years. Any proposed changes in the amounts des-
ignated in such budget requests shall only be made after Con-
gressional reprogramming notification in accordance with the
reprogramming guidelines for the applicable fiscal year.
(5) The Attorney General shall prepare and submit annually
to the Congress, statements of financial condition of the Fund,
including the beginning balance, receipts, refunds to appropria-
tions, transfers to the general fund, and the ending balance.
(6) For fiscal year 1993 only, the Attorney General may
transfer up to $1,000,000 from the Immigration User Fee Ac-
count to the Fund for initial expenses necessary to enhance col-
lection efforts: Provided, That any such transfers shall be re-
funded from the Fund back to the Immigration User Fee Ac-
count by December 31, 1993.
(s) H–1B NONIMMIGRANT PETITIONER ACCOUNT.—
(1) IN GENERAL.—There is established in the general fund of
the Treasury a separate account, which shall be known as the
‘‘H–1B Nonimmigrant Petitioner Account’’. Notwithstanding
any other section of this title, there shall be deposited as
graphicting receipts into the account all fees collected under
paragraphs (9) and (11) of section 214(c).
(2) USE OF FEES øFOR JOB TRAINING¿ FOR PROGRAMS UNDER
THE NATIONAL APPRENTICESHIP SYSTEM.—50 percent of
amounts deposited into the H–1B Nonimmigrant Petitioner Ac-
count shall remain available to the Secretary of Labor until ex-
pended øfor demonstration programs and projects described in
section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998¿ to carry out title II of the National
Apprenticeship Act.
(3) USE OF FEES FOR LOW-INCOME SCHOLARSHIP PROGRAM.—
30 percent of the amounts deposited into the H–1B Non-
immigrant Petitioner Account shall remain available to the Di-
rector of the National Science Foundation until expended for
scholarships described in section 414(d) of the American Com-
petitiveness and Workforce Improvement Act of 1998 for low-
income students enrolled in a program of study leading to a de-
gree in mathematics, engineering, or computer science.
(4) NATIONAL SCIENCE FOUNDATION COMPETITIVE GRANT PRO-
GRAM FOR K–12 MATH, SCIENCE AND TECHNOLOGY EDUCATION.—
(A) IN GENERAL.—10 percent of the amounts deposited
into the H–1B Nonimmigrant Petitioner Account shall re-
main available to the Director of the National Science
Foundation until expended to carry out a direct or match-
ing grant program to support private-public partnerships
in K–12 education.
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(B) TYPES OF PROGRAMS COVERED.—The Director shall
award grants to such programs, including those which sup-
port the development and implementation of standards-
based instructional materials models and related student
assessments that enable K–12 students to acquire an un-
derstanding of science, mathematics, and technology, as
well as to develop critical thinking skills; provide systemic
improvement in training K–12 teachers and education for
students in science, mathematics, and technology; support
the professional development of K–12 math and science
teachers in the use of technology in the classroom; stimu-
late system-wide K–12 reform of science, mathematics, and
technology in rural, economically disadvantaged regions of
the United States; provide externships and other opportu-
nities for students to increase their appreciation and un-
derstanding of science, mathematics, engineering, and
technology (including summer institutes sponsored by an
institution of higher education for students in grades 7–12
that provide instruction in such fields); involve partner-
ships of industry, educational institutions, and community
organizations to address the educational needs of dis-
advantaged communities; provide college preparatory sup-
port to expose and prepare students for careers in science,
mathematics, engineering, and technology; and provide for
carrying out systemic reform activities under section
3(a)(1) of the National Science Foundation Act of 1950 (42
U.S.C. 1862(a)(1)).
(5) 5 percent of the amounts deposited into the H–1B Non-
immigrant Petitioner Account shall remain available to the
Secretary of Homeland Security until expended to carry out
duties under paragraphs (1) and (9) of section 214(c) related to
petitions made for nonimmigrants described in section
101(a)(15)(H)(i)(b), under paragraph (1) (C) or (D) of section
204 related to petitions for immigrants described in section
203(b).
(6) USE OF FEES FOR APPLICATION PROCESSING AND ENFORCE-
MENT.—For fiscal year 1999, 4 percent of the amounts depos-
ited into the H–1B Nonimmigrant Petitioner Account shall re-
main available to the Secretary of Labor until expended for de-
creasing the processing time for applications under section
212(n)(1) and for carrying out section 212(n)(2). Beginning with
fiscal year 2000, 5 percent of the amounts deposited into the
H–1B Nonimmigrant Petitioner Account shall remain available
to the Secretary of Labor until expended for decreasing the
processing time for applications under section 212(n)(1) and
section 212(a)(5)(A).
(t) GENEALOGY FEE.—(1) There is hereby established the Gene-
alogy Fee for providing genealogy research and information serv-
ices. This fee shall be deposited as graphicting collections into the
Examinations Fee Account. Fees for such research and information
services may be set at a level that will ensure the recovery of the
full costs of providing all such services.
(2) The Attorney General will prepare and submit annually to
Congress statements of the financial condition of the Genealogy
Fee.
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(3) Any officer or employee of the Immigration and Naturaliza-
tion Service shall collect fees prescribed under regulation before
disseminating any requested genealogical information.
(u) PREMIUM FEE FOR EMPLOYMENT-BASED PETITIONS AND APPLI-
CATIONS.—The Attorney General is authorized to establish and col-
lect a premium fee for employment-based petitions and applica-
tions. This fee shall be used to provide certain premium-processing
services to business customers, and to make infrastructure im-
provements in the adjudications and customer-service processes.
For approval of the benefit applied for, the petitioner/applicant
must meet the legal criteria for such benefit. This fee shall be set
at $1,000, shall be paid in addition to any normal petition/applica-
tion fee that may be applicable, and shall be deposited as
graphicting collections in the Immigration Examinations Fee Ac-
count. The Attorney General may adjust this fee according to the
Consumer Price Index.
(v) FRAUD PREVENTION AND DETECTION ACCOUNT.—
(1) IN GENERAL.—There is established in the general fund of
the Treasury a separate account, which shall be known as the
‘‘Fraud Prevention and Detection Account’’. Notwithstanding
any other provision of law, there shall be deposited as
graphicting receipts into the account all fees collected under
paragraph (12) or (13) of section 214(c).
(2) USE OF FEES TO COMBAT FRAUD.—
(A) SECRETARY OF STATE.—One-third of the amounts de-
posited into the Fraud Prevention and Detection Account
shall remain available to the Secretary of State until ex-
pended for programs and activities at United States em-
bassies and consulates abroad—
(i) to increase the number diplomatic security per-
sonnel assigned exclusively or primarily to the func-
tion of preventing and detecting fraud by applicants
for visas described in subparagraph (H)(i), (H)(ii), or
(L) of section 101(a)(15);
(ii) otherwise to prevent and detect visa fraud, in-
cluding primarily fraud by applicants for visas de-
scribed in subparagraph (H)(i), (H)(ii), or (L) of section
101(a)(15), in cooperation with the Secretary of Home-
land Security or pursuant to the terms of a memo-
randum of understanding or other agreement between
the Secretary of State and the Secretary of Homeland
Security; and
(iii) upon request by the Secretary of Homeland Se-
curity, to assist such Secretary in carrying out the
fraud prevention and detection programs and activi-
ties described in subparagraph (B).
(B) SECRETARY OF HOMELAND SECURITY.—One-third of
the amounts deposited into the Fraud Prevention and De-
tection Account shall remain available to the Secretary of
Homeland Security until expended for programs and ac-
tivities to prevent and detect immigration benefit fraud,
including fraud with respect to petitions filed under para-
graph (1) or (2)(A) of section 214(c) to grant an alien non-
immigrant status described in subparagraph (H) or (L) of
section 101(a)(15).
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(C) SECRETARY OF LABOR.—One-third of the amounts de-
posited into the Fraud Prevention and Detection Account
shall remain available to the Secretary of Labor until ex-
pended for wage and hour enforcement programs and ac-
tivities otherwise authorized to be conducted by the Sec-
retary of Labor that focus on industries likely to employ
nonimmigrants, including enforcement programs and ac-
tivities described in section 212(n) and enforcement pro-
grams and activities related to section 214(c)(14)(A)(i).
(D) CONSULTATION.—The Secretary of State, the Sec-
retary of Homeland Security, and the Secretary of Labor
shall consult one another with respect to the use of the
funds in the Fraud Prevention and Detection Account or
for programs and activities to prevent and detect fraud
with respect to petitions under paragraph (1) or (2)(A) of
section 214(c) to grant an alien nonimmigrant status de-
scribed in section 101(a)(15)(H)(ii).
* * * * * * *
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MINORITY VIEWS
INTRODUCTION
Since its creation in 1937, the registered apprenticeship system
under the National Apprenticeship Act (NAA) has provided a path-
way to careers for millions of Americans. According to the Depart-
ment of Labor (DOL), 94 percent of those who complete a reg-
istered apprenticeship program today retain employment, with an
average annual salary of $70,000.1 Many of these programs also
provide businesses an avenue to fill open positions with skilled em-
ployees which allows them to remain competitive.
While it is undeniable that the registered apprenticeship model
has been a valuable tool for many, only 81,000 apprentices grad-
uated from these programs in Fiscal Year 2019.2 That is a small
fraction of the total apprenticeships in the nation. Although there
is little data available on non-registered earn-and-learn programs,
it is estimated that they comprise more than 80 percent of all ap-
prenticeship programs.3 Businesses have expressed concerns that
participation in registered apprenticeships allows DOL to dictate
the skills their business must provide to apprentices in specific in-
dustries rather than allowing the businesses to determine what is
needed. If a business created an apprenticeship model that meets
their needs, then attempting to mold their program to fit the re-
quirements of a registered apprenticeship would be counter-
productive.
A lot has changed since 1937. Congress should update the NAA,
but that update must be focused on meeting the needs of individ-
uals seeking opportunities for advancement in the workforce and
employers seeking to bridge the skills gap. While H.R. 8294 may
be a step in the right direction in some aspects, the bill too often
simply rubber stamps a decades old system, does not go far enough
to streamline registered apprenticeships for today’s economy, and
does not protect businesses’ ability to tailor their programs to indi-
vidual needs.
ONE-SIZE-FITS-ALL
Although H.R. 8294 is a meaningful effort to update the law, it
falls short in implementing the reforms necessary to meet the
needs of our country. The bill envisions a future where the only
possible form of work-based learning allowed under the NAA is the
registered apprenticeship system. While we can and should im-
prove the existing model that has been operating for 83 years, we
1 https://www.apprenticeship.gov/become-apprentice
2 https://www.dol.gov/agencies/eta/apprenticeship/about/statistics
3 Lerman, Robert. Are Employers Providing Enough Training? Theory, Evidence, and Policy
Implications. 2014. Retrieved July 20, 2017. http://sites.nationalacademies.org/cs/groups/pgasite/
documents/webpage/pga_168146.pdf
(168)
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should not stifle any possibility for innovation in the future with
this one-size-fits-all approach. We cannot assume that a registered
program that works for one employer will meet the diverse needs
of every business across the country, regardless of size or industry.
This need for flexibility is what motivated the Trump administra-
tion’s new Industry-Recognized Apprenticeship Programs (IRAPs).
This program would provide another avenue for companies seeking
skilled workers who want to develop programs with more input
from other industry leaders rather than from the federal govern-
ment. Unfortunately, this innovation and flexibility would be fore-
closed under H.R. 8294 in its current form. In an effort to under-
mine the administration’s priority, the majority slammed the door
shut on any other earn-and-learn model that could be developed
under the NAA.
In a September 23, 2020 letter about H.R. 8294 to Ranking Mem-
ber Virginia Foxx (R–NC), DOL stated:
‘‘If enacted, H.R. 8294 would also replace the current
NAA, stifling apprenticeship innovation and expansion as
well as eliminating the broad authority discussed above
under which the Department has established and admin-
isters IRAPs. Repeal of this broad authority would elimi-
nate the authority currently underpinning the IRAP regu-
lation. Thus, as of the effective date of H.R. 8294, should
it be enacted, the Department would likely have no legal
authority to administer or operate IRAPs, or any other
programs that do not meet the requirements of the Act. . .
In addition, the Department is concerned that H.R. 8294
includes an excessive number of requirements that are
overly prescriptive, unworkable, and may have unintended
consequences.’’
It is clear that this legislation, if enacted, would severely limit
the ability to fully meet the demands within the apprenticeship
space. Despite months of negotiations to reform and improve the
national apprenticeship system, the majority was unwilling to sup-
port anything that permitted any sort of innovative or more flexible
models to be recognized outside of the existing registered system.
While Republicans on the Committee agree that there need to be
improvements made to the registered apprenticeship model and ap-
preciate the majority making a good faith effort at negotiating a
final product that would actually modernize the program, we re-
main disappointed that Democrats were unwilling to take an all-
of-the-above approach to apprenticeships and workforce develop-
ment more broadly.
MORE FUNDING IS NOT THE ANSWER
The Democrats claim that appropriations for the registered ap-
prenticeship system at the level authorized in H.R. 8294 would
lead to the creation of one million new apprenticeship opportuni-
ties. However, this is a shortsighted approach to increasing those
opportunities. Increasing an authorization in legislation does not
guarantee more opportunities but including strict and onerous re-
quirements will certainly limit those options. In short, the Demo-
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crat proposal fails to realize that throwing money at a program
does not create opportunities for more Americans.
Some increase in funding would be necessary if the program was
open and flexible enough that companies wanted to participate.
That funding is irrelevant when the restrictive requirements push
companies away from participating. The changes proposed in this
legislation lock in place many of the restrictive components of this
program, thus limiting the value of the program to potential par-
ticipants. Companies avoid developing registered programs because
the federal government is already too involved, not because they
lack clarity or guidance from Congress on how to run an appren-
ticeship program. These problems are further exacerbated for
small- and medium-sized businesses who may not have an entire
office dedicated to filing paperwork and filling out applications. No
business owner wants to wait months on end for the federal gov-
ernment to tell them how to run their program when they need to
meet workforce needs today.
At a hearing of the Subcommittee on Higher Education and
Workforce Investment on March 27, 2019, Mark Hays, the Vice
Chancellor for Workforce and Economic Development at the Dallas
County Community College District (DCCCD), said:
‘‘DCCCD’s goal is to meet employer needs, whether that
be a registered apprenticeship or an IRAP. Some employ-
ers are hesitant to begin the process of a registered ap-
prenticeship because they feel it is not flexible enough to
meet their needs. . . We cannot allow ourselves to be
boxed in by excluding any type of program that allows in-
dividuals to obtain the necessary skills to succeed and
businesses to grow.’’
There are certainly benefits to establishing guardrails and stand-
ards, and Republicans on the Committee support codifying and
streamlining the existing registered apprenticeship system so that
it is more workable and easier to navigate for those employers who
do choose to use it. However, we should not simply assume that
spending billions of dollars while setting in stone the very problems
that have held back the registered system will solve the problems
that we are facing. Now more than ever, we need to listen to what
industry is telling us as millions of Americans will need new skills
to reenter the workforce following the COVID–19 pandemic.
BUREAUCRATIC RED TAPE
While the majority assumes that more funding will solve the
problems that prevent participation in the registered system, H.R.
8294 far too often doubles down on the problems with the current
model. Although some businesses may appreciate the guidance and
input of DOL up to a point, the existing maze of regulations dis-
courages many employers from ever considering developing a reg-
istered program and forces them to choose other options for
upskilling prospective employees.
This bill contains several provisions that are indicative of the
majority’s misunderstanding that more government is almost al-
ways the problem, not the answer. This heavy-handed, top-down
approach has led to a number of requirements that would further
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restrict the ability of those who participate in the system, from
states to program sponsors, to make decisions on how to best oper-
ate within the registered apprenticeship system, including:
• Requiring states to establish an entirely new application
and planning process, rather than simply allowing them to
work through the existing combined plan established under the
Workforce Innovation and Opportunity Act (WIOA);
• Establishing an interagency agreement between DOL and
the Department of Education that is intended to increase co-
ordination, but will instead simply increase paperwork and
allow more bureaucrats to be hired while government agencies
communicate with each other instead of businesses;
• Setting up a National Advisory Committee on Apprentice-
ships that would weigh in favor of labor unions, regardless of
whether they had a significant presence in new and expanding
industries; and
• Mandating reporting to be done quarterly rather than an-
nually without taking into consideration that excessive report-
ing requirements can prevent businesses from developing reg-
istered programs.
Each of these provisions highlights why H.R. 8294 does not pro-
vide the answers to the 21st century workforce development system
that our nation needs and deserves. Time and time again, the bill
fails to understand what is driving the lack of participation in the
system and Committee Republicans remain committed to advanc-
ing better alternatives.
REJECTED AMENDMENTS THAT WOULD HAVE IMPROVED THE BILL
During consideration of H.R. 8294, Committee Republicans of-
fered several amendments to improve the bill. Unfortunately, the
amendments were rejected by the Democrats. Those amendments
were as follows:
• Rep. Elise Stefanik (R–NY) offered an amendment that
would have provided greater flexibility and opportunity within
pre-apprenticeship programs. Specifically, this amendment
struck the requirements for pre-apprenticeships to be tied to a
specific apprenticeship program. Pre-apprenticeships should
prepare currently underqualified individuals to pursue more
advanced workforce development opportunities and should not
simply be feeder programs for specific apprenticeships. Partici-
pants should not be limited in the options they can pursue if
we are hoping to expand the number of apprentices in this
country. Unfortunately, the majority chose not to take this op-
portunity to further expand apprenticeship opportunities and
rejected the amendment.
• Rep. Fred Keller (R–PA) offered an amendment that would
have eliminated the ability of labor unions to ignore safety re-
quirements that apply to non-union sponsored apprenticeships.
Under DOL’s current regulations, state apprenticeship reg-
istration agencies are required to establish minimum ratios of
apprentices to supervisors to ensure the safety of apprentices
on the job. Those regulations allow unions to negotiate collec-
tive bargaining agreements that reduce or eliminate ratio re-
quirements for union-sponsored apprenticeship programs. This
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172
creates an unfair playing field and potentially leaves appren-
tices in union-sponsored programs less safe. The majority re-
jected this effort to hold all apprenticeship programs to the
same standard, regardless of which entity sponsors the pro-
gram.
ADOPTED AMENDMENTS THAT WILL IMPROVE THE BILL
There were two amendments that were adopted, including one of-
fered by Rep. Dusty Johnson (R–SD). His amendment allows DOL
flexibility to proactively approve new apprentice-related occupa-
tions in consultation with industry. The current practice of approv-
ing new apprentice-related occupations is excessively onerous, and
it can prevent businesses from opening programs under the reg-
istered system. While H.R. 8294 includes some reforms for stream-
lining this process, this amendment allows DOL to be more adept
in identifying emerging industries in which workers would benefit
from expanded apprenticeship opportunities and provides them the
authority to rapidly and efficiently take steps to provide those op-
portunities.
The majority also accepted an amendment offered by Rep.
Stefanik to ensure states develop a process for registered appren-
ticeship programs to receive expedited consideration on the ‘‘eligi-
ble training provider list’’ under WIOA, and adds to the workforce
alignment efforts funded in this bill so that apprenticeships work
hand-in-hand with the existing workforce infrastructure to meet
the needs of businesses.
An additional amendment that was offered and withdrawn by
Rep. Brett Guthrie (R–KY) would have given new sponsors and
small businesses an opportunity to enter the program without the
burden of excessive paperwork. Specifically, the amendment pro-
vided flexibility to waive or modify reporting requirements for
small businesses or first-time sponsors and required reporting to be
done annually rather than quarterly. Too often the federal govern-
ment wants more and more data without understanding the impli-
cation of the paperwork that goes along with these requirements—
which end up placing excessive burdens on employers with little
added benefit. Rep. Susan Davis (D–CA) requested that Rep. Guth-
rie withdraw this amendment in order to address the issue raised
as the bill goes to the floor. Rep. Guthrie agreed to withdraw this
amendment on the promise to address his concern. It is Committee
Republicans expectation that the Democrats will work with the Re-
publicans to fulfill this commitment in a manner that actually
eases burdens on employers.
REPUBLICAN SUBSTITUTE
The reauthorization of the NAA provides an opportunity for
Members of Congress and this Committee to make needed reforms
to a decades-old program and bring it into the 21st century. A true
reform of the registered apprenticeship system has the potential to
expand opportunities to thousands and make the system more ef-
fective for those it serves, and encourage further innovation in
earn-and-learn programs that would have significant positive im-
pacts on workers and the economy.
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The Republican amendment in the nature of a substitute would
have:
• Maintained the authority of DOL to adapt to current work-
force needs now and in the future with new, flexible, and inno-
vative apprenticeship programs outside of the registered sys-
tem;
• Reduced the paperwork burden on states by allowing them
to submit state plans under the preexisting framework of
WIOA, rather than forcing them to establish a duplicative ap-
plication process;
• Struck provisions in H.R. 8294 that would add to the exist-
ing bureaucracy in the form of advisory committees and inter-
agency agreements;
• Provided states with more discretion over how they spend
their money, instead of letting the federal government dictate
where their dollars must go; and
• Made it easier for more programs—and therefore more ap-
prentices—to access the registered apprenticeship system by
removing the requirement setting an uneven playing field be-
tween union and non-union program sponsors for the ratios of
apprentices to instructors.
The excessive requirements in the underlying bill are reasons
that businesses choose not to participate in the registered appren-
ticeship system today. What may simply seem like extra standards
to Washington bureaucrats often include more paperwork and has-
sle to those on the ground hoping to start a program. The Repub-
lican substitute would have further streamlined the registered sys-
tem so that it is adept enough to operate at the speed of business,
while also ensuring that other pathways for success remain open
going forward.
If the goal is to actually increase the number of apprentices in
the country, then the Republican amendment provides an oppor-
tunity to do just that. Without it, this bill simply sets in stone bar-
riers that make the current system difficult to navigate.
CONCLUSION
H.R. 8294 represents a well-intentioned, but ultimately short-
sighted attempt to expand earn-and-learn opportunities for Ameri-
cans all across the nation. Our country’s workforce is facing a
unique crisis, and we must ensure that each of the tools in our
workforce development system is up to the task and operating effi-
ciently to meet the needs of employers and those participating in
the system.
This bill does not create a registered apprenticeship system that
fits those criteria. Rather, it locks in place an 83-year-old model
and in some instances provides even more restrictions on those who
are attempting to develop and operate programs. Instead of dou-
bling down on failed policies, Committee Republicans will continue
to support a national apprenticeship system that encourages inno-
vation and new ideas.
VIRGINIA FOXX,
Ranking Member.
DAVID P. ROE, M.D.
GLENN ‘‘GT’’ THOMPSON.
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BRETT GUTHRIE.
BRADLEY BYRNE.
GLENN GROTHMAN.
RICK W. ALLEN.
LLOYD SMUCKER.
JIM BANKS.
MARK WALKER.
JAMES COMER.
BEN CLINE.
RUSS FULCHER.
DANIEL MEUSER.
DUSTY JOHNSON.
FRED KELLER.
Æ
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