[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8391 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8391

To support pre-apprenticeships and apprenticeships within the National 
 Apprenticeship Act, specifically with regard to the justice-impacted 
                              population.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2020

  Mr. Trone introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To support pre-apprenticeships and apprenticeships within the National 
 Apprenticeship Act, specifically with regard to the justice-impacted 
                              population.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Apprenticeships for 
Justice-Impacted Communities Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to support pre-apprenticeships and 
apprenticeships within the National Apprenticeship Act, specifically 
with regard to the justice-impacted population.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Apprentice.--The term ``apprentice'' means a worker 
        who--
                    (A) is not younger than age 16, or (where a higher 
                minimum age standard is specified by law) not younger 
                than that age; and
                    (B) is employed through an apprenticeship program 
                that meets the required standards for an apprenticeship 
                program.
            (2) Apprenticeable occupation.--The term ``apprenticeable 
        occupation'' means an occupation which is specified by industry 
        and which--
                    (A) involves skills that are customarily learned in 
                a practical way through a structured, systematic 
                program of on-the-job supervised learning;
                    (B) is clearly identified and commonly recognized 
                throughout an industry;
                    (C) involves the progressive attainment of manual, 
                mechanical, or technical skills and knowledge which, in 
                accordance with the industry standard for the 
                occupation, would require the completion of not less 
                than 2,000 hours of on-the-job learning to attain, 
                unless an alternative requirement is put forth by the 
                employer and sponsor that reflects industry standards 
                and is accepted by the Secretary; and
                    (D) requires related instruction to supplement the 
                on-the-job learning.
            (3) Apprenticeship program.--The term ``apprenticeship 
        program'' includes a program that--
                    (A) is registered under the Act of August 16, 1937 
                (commonly known as the ``National Apprenticeship Act''; 
                50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and
                    (B) culminates in a certificate of completion from 
                the registration agency and a recognized postsecondary 
                credential.
            (4) Eligible applicant.--The term ``eligible applicant'' 
        means a consortium of entities that shall include 1 or more 
        representatives from each of the following:
                    (A) A local educational agency, area career and 
                technical education school, educational service agency, 
                or postsecondary educational institution.
                    (B) In a State with a State registration agency, 
                that registration agency.
                    (C) An industry or business, consisting of an 
                employer, a group of employers, a trade association, a 
                professional association, or an entity that sponsors an 
                apprenticeship program.
                    (D) A State workforce development board or local 
                workforce development board.
                    (E) An Indian Tribe, Tribal organization, or Tribal 
                educational agency.
                    (F) Labor organization that has responsibility for 
                the administration of an apprenticeship program 
                associated with the industry or sector or occupation 
                related to the covered apprenticeship, including those 
                sponsored by a joint labor-management organization.
                    (G) A qualified intermediary.
                    (H) Community-based organizations with significant 
                expertise in supporting such programs.
                    (I) In-demand industry sector employers.
            (5) Justice-impacted individual.--The term ``justice-
        impacted individual'' means an individual who has been arrested 
        or convicted of a crime, including an individual who is 
        currently or formerly incarcerated in a Federal or State 
        prison, jail, or juvenile facility.
            (6) New; existing.--The term ``new'' or ``existing'', used 
        with respect to a program, means a program that was new or 
        existing, respectively, as of the day the eligible applicant 
        involved submitted the application for the grant involved.
            (7) Pre-apprentice.--The term ``pre-apprentice'' means a 
        participant in a pre-apprenticeship program.
            (8) Pre-apprenticeship program.--
                    (A) In general.--The term ``pre-apprenticeship 
                program'' means a training model or program, or 
                training according to a set of strategies, that--
                            (i) is designed to assist individuals who 
                        do not meet the minimum qualifications for 
                        selection into an apprenticeship program, 
                        established in a sponsor's apprenticeship 
                        standards, to meet the qualifications;
                            (ii) is carried out by an entity that 
                        maintains a documented partnership with at 
                        least one sponsor of an apprenticeship program;
                            (iii) is a form of structured workplace 
                        education and training in which at least 2 of 
                        the entities described in subparagraph (B) 
                        collaborate with an education provider to 
                        provide formal instruction that will introduce 
                        participants to the skills, competencies, and 
                        materials used in one or more apprenticeable 
                        occupations;
                            (iv) is designed to prepare individuals to 
                        enter and succeed in an apprenticeship program;
                            (v) is carried out in a manner that 
                        includes proper observation of supervision and 
                        safety protocols, including paid, on-the-job 
                        learning under the supervision of skilled 
                        employee mentors;
                            (vi) is carried out in a manner that does 
                        not displace a paid employee; and
                            (vii) includes--
                                    (I) training and a curriculum 
                                that--
                                            (aa) are based on and 
                                        aligned with national, State, 
                                        or local industry standards, 
                                        with the quality of the 
                                        training leading to such a 
                                        standard reviewed by a 
                                        recipient of Federal funds;
                                            (bb) are reviewed and 
                                        approved annually by the 
                                        sponsors of apprenticeships 
                                        within the documented 
                                        partnership;
                                            (cc) will prepare 
                                        individuals, with the skills 
                                        and competencies needed to 
                                        enter one or more 
                                        apprenticeship programs;
                                            (dd) are aligned with 
                                        career pathways;
                                            (ee) include employability 
                                        skills training, such as 
                                        training through career and 
                                        industry awareness workshops, 
                                        training through job readiness 
                                        courses, training for English 
                                        Language Learners, adult basic 
                                        education, or financial 
                                        literacy, or math tutoring, as 
                                        appropriate;
                                            (ff) culminate in a 
                                        recognized postsecondary 
                                        credential, with the quality of 
                                        the training leading to that 
                                        credential reviewed by a 
                                        recipient of Federal funds; and
                                            (gg) accurately simulates 
                                        the industry and occupational 
                                        conditions of the 
                                        apprenticeship program;
                                    (II) strong recruitment strategies 
                                focused on outreach to populations 
                                underrepresented at the State and local 
                                levels in apprenticeship programs, 
                                including individuals with barriers to 
                                employment such as justice-connected 
                                individuals;
                                    (III) exposure of participants in 
                                such underrepresented populations, 
                                including justice-connected 
                                individuals, to apprenticeship programs 
                                and provision of direct assistance to 
                                participants in such populations in 
                                applying to those programs;
                                    (IV) access to appropriate 
                                supportive services, as defined in 
                                section 3 of the Workforce Innovation 
                                and Opportunity Act (29 U.S.C. 3102), 
                                financial planning, mentoring, and 
                                provision of first-day-of-work 
                                necessities;
                                    (V) efforts to collaboratively 
                                promote the use of apprenticeship 
                                programs as a preferred means for 
                                employers to develop a skilled 
                                workforce and to create career 
                                opportunities for individuals;
                                    (VI) facilitated entry or 
                                articulation agreements that enable 
                                individuals who successfully complete 
                                the program described in this 
                                paragraph--
                                            (aa) to enter directly into 
                                        an apprenticeship program; or
                                            (bb) to earn advanced 
                                        placement or credit at a 
                                        postsecondary educational 
                                        institution for skills and 
                                        competencies acquired during 
                                        the program described in this 
                                        paragraph; and
                                    (VII) a formal agreement with a 
                                sponsor of the apprenticeship program 
                                that would enable participants who 
                                successfully complete the program 
                                described in this paragraph to enter 
                                directly into the apprenticeship 
                                program (if a place in the program is 
                                available and other necessary 
                                requirements for acceptance are 
                                satisfied), and an agreement enabling 
                                participants to earn advanced placement 
                                or credit at a postsecondary 
                                educational institution for skills and 
                                competencies acquired during the 
                                program described in this paragraph, 
                                including basic academic and technical 
                                skills and competencies aligned with 
                                the apprenticeable occupation.
                    (B) Entities.--The entities described in this 
                subparagraph are:
                            (i) An employer.
                            (ii) An industry or sector partnership.
                            (iii) An industry association.
                            (iv) A labor organization.
                            (v) A community-based organization.
            (9) Registration agency.--The term ``registration agency'' 
        means the State Office of Apprenticeship or State 
        apprenticeship agency in a State that is responsible for--
                    (A) approving or denying applications from sponsors 
                for registration of programs under the national 
                apprenticeship system in the State or area covered by 
                the registration agency; and
                    (B) carrying out the responsibilities of supporting 
                the youth apprenticeship, pre-apprenticeship, or 
                apprenticeship programs registered by the registration 
                agency.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor, acting through the Administrator.
            (11) State apprenticeship agency.--The term ``State 
        apprenticeship agency'' means the State apprenticeship agency, 
        acting in coordination with the State agency with 
        responsibility for workforce investment activities under 
        chapters 2 and 3 of subtitle B of title I of the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3121 et seq., 3131 et 
        seq.).

SEC. 4. GRANT PROGRAM.

    (a) In General.--The Secretary of Labor, in consultation with the 
Attorney General, the Secretary of Education, and the Secretary of 
Commerce may award grants to eligible applicants to--
            (1) implement novel methods to improve pre-apprenticeship 
        programs or apprenticeship programs available to incarcerated 
        individuals in prisons, jails, and juvenile facilities;
            (2) improve existing pre-apprenticeship programs and 
        apprenticeship programs available to incarcerated individuals 
        in prisons, jails, and juvenile facilities;
            (3) pilot novel approaches to provide apprenticeship 
        training for justice-connected individuals that matches labor 
        force needs;
            (4) encourage employer participation in programs under the 
        national apprenticeship system that target individuals 
        incarcerated or recently incarcerated, which may include--
                    (A) providing financial assistance to employers to 
                support costs related to the program, such as training 
                incumbent workers as mentors or employees supervising 
                the on-the-job learning; or
                    (B) supporting the cost of related instruction or 
                wages for program participants during related 
                instruction;
            (5) provide technical assistance to pre-apprentices and 
        apprentices to help navigate and obtain supportive services, 
        including childcare, transportation, mental health and 
        substance use disorder treatment, assistance in obtaining 
        health insurance coverage, and assistance in accessing the 
        supplemental nutrition assistance program established under the 
        Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the 
        special supplemental nutrition program for women, infants, and 
        children established by section 17 of the Child Nutrition Act 
        of 1966 (42 U.S.C. 1786), and housing; and
            (6) build and strengthen partnerships among community-based 
        organizations, public entities, and registered apprenticeships 
        to smooth transition between pre-apprenticeship programs and 
        registered apprenticeship programs, and to smooth transition 
        during and post-release.
    (b) Duration.--A grant awarded under this section--
            (1) shall be for a period of not more than 3 years; and
            (2) may be extended for not more than 1 additional 2-year 
        period, if the grant recipient demonstrates to the Secretary 
        that the recipient--
                    (A) has effectively implemented or improved 
                apprenticeship programs; and
                    (B) has improved outcomes for, as applicable, 
                apprentices and pre-apprentices, as demonstrated 
                through levels on indicators defined in performance 
                indicators under section 116(b)(2)(A) of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 
                3141(b)(2)(A)).
    (c) Applications.--To be eligible to receive a grant under this 
section for a project involving an apprenticeship program, an eligible 
applicant shall submit an application to the Secretary, containing such 
information as the Secretary may require, including, at a minimum--
            (1) a designation of the member of the eligible applicant 
        that will be the lead applicant, and the member of such 
        consortium that will be the fiscal agent, for the eligible 
        applicant;
            (2) a description of each member of the eligible applicant 
        and the role of each member in carrying out the project, which 
        shall, at a minimum, describe the eligible applicant's--
                    (A) plan to assist the program participants in 
                obtaining the documentation and work authorization 
                necessary to participate in such program;
                    (B) partnerships with organizations that will 
                assist program participants in accessing activities to 
                improve financial literacy and supportive services;
                    (C) plan for how the assessments used to support 
                the placement of potential program participants into a 
                program accurately reflect the participants' skills and 
                competencies;
                    (D) plan to provide information about resources to 
                program participants to address mental health or 
                substance abuse issues;
                    (E) 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;
                    (F) wages and benefits offered to program 
                participants that are commensurate with wages for 
                similar work in the State or local area, as allowable;
                    (G) alignment and necessary supports to comply with 
                and receive the benefits of the Federal Bonding Program 
                and the Prison Industry Enhancement Certification 
                Program for employers participating in apprenticeship 
                programs; and
                    (H) ability to support, including by providing 
                technical assistance, small- and medium-sized 
                businesses in the creation of and execution of covered 
                apprenticeship programs;
            (3) a description of the budget for the project, the 
        source, amount, and use of the matching funds required under 
        subsection (d), and how the eligible applicant will continue 
        the project after the grant period ends, if applicable;
            (4) a description of--
                    (A) how the eligible applicant will use the grant 
                funds, including a description of the activities that 
                the eligible applicant will carry out;
                    (B) how the project or the program involved in the 
                project will be aligned with the labor market needs of 
                in-demand industry sectors or occupations; and
                    (C) how such funds will directly benefit 
                apprentices or pre-apprentices, as applicable, served 
                by the eligible applicant;
            (5) a description of how the project carried out under the 
        grant will be coordinated with the activities carried out as 
        required for the covered apprenticeship program involved;
            (6) a description of how the eligible applicant for the 
        project will comply with requirements for an evaluation and 
        report;
            (7) a description of how the activities assisted under the 
        grant will be coordinated with activities carried out under the 
        Carl D. Perkins Career and Technical Education Act of 2006 (20 
        U.S.C. 2301 et seq.), the Higher Education Act of 1965 (20 
        U.S.C. 1001 et seq.), or the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3101 et seq.), as applicable;
            (8) a description of how the eligible applicant will 
        equitably recruit and retain participants from nontraditional 
        apprenticeship populations, including populations that include 
        individuals with barriers to employment such as justice-
        impacted communities for covered apprenticeship programs; and
            (9) an assurance that the eligible applicant will--
                    (A) provide information to the Secretary, as 
                requested, for such evaluations as the Secretary may 
                carry out; and
                    (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)) to independent 
                evaluators for validation and to enable the evaluators 
                to prepare the evaluations and reports.
    (d) Matching Requirement.--In order to receive a grant from the 
Secretary under this section, each eligible entity shall provide a non-
Federal contribution, including cash and in-kind donations, in an 
amount not less than 25 percent of the total funds awarded.
    (e) Limitation for Eligible Entities.--An eligible entity may not 
use more than 10 percent of the funds received under a grant for 
administrative costs.
    (f) Administrative Expenses.--The Secretary may use not more than 
10 percent of the amount appropriated for this section for each fiscal 
year for administrative expenses to carry out this Act, including the 
expenses of providing the technical assistance and oversight activities 
under subsection (g).
    (g) Technical Assistance.--The Secretary shall provide technical 
assistance and oversight to assist the eligible entities in applying 
for and administering grants awarded under this Act.
    (h) Evaluation and Report.--Each recipient of a grant under this 
section shall--
            (1) annually provide for an independent evaluation of the 
        project carried out under such grant;
            (2) provide for the independent evaluator to prepare an 
        annual report, based on the evaluation, that includes--
                    (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; and
                    (B) information on--
                            (i) for a project involving an existing 
                        covered apprenticeship program, the performance 
                        of the grant recipient with respect to, at a 
                        minimum, the indicators of performance under 
                        section 116(b)(2)(A)(i) under the Workforce 
                        Innovation and Opportunity Act, with the 
                        performance data disaggregated by--
                                    (I) the program type 
                                (apprenticeship or pre-apprenticeship 
                                program) assisted under the grant; and
                                    (II) race, ethnicity, sex, age, and 
                                membership in a population specified in 
                                section 3(24) of that Act (29 U.S.C. 
                                3102(24)); and
                            (ii) for a grant involving a new 
                        apprenticeship program, the performance of the 
                        grant recipient--
                                    (I) for reports submitted during 
                                the first 36 months after the project 
                                involved begins--
                                            (aa) that consists of a 
                                        quantitative and qualitative 
                                        analysis of program 
                                        development, including 
                                        participant engagement and 
                                        recruitment of partners, 
                                        employers, and potential 
                                        covered apprentices; and
                                            (bb) on the indicators of 
                                        performance described in 
                                        subclause (I), as such 
                                        performance information becomes 
                                        available; and
                                    (II) for reports submitted later 
                                than that first 36 months, the 
                                performance of the grant recipient with 
                                respect to, at a minimum, the 
                                indicators described in subclause (I), 
                                with the performance data disaggregated 
                                as described in subclause (I); and
            (3) submit the report--
                    (A) for a grant that relates to an apprenticeship 
                program, to the registration agency through which the 
                program is registered; and
                    (B) for a grant that relates to a pre-
                apprenticeship program, to the State apprenticeship 
                agency.

SEC. 5. USE OF FUNDS.

    An eligible entity receiving a grant under this Act--
            (1) shall use at least 5 percent of the grant funds to 
        provide direct financial assistance to apprentices, pre-
        apprentices, or youth apprentices through emergency grants to 
        support their financial needs to enter, remain enrolled in, and 
        complete such program, such as support for the related costs of 
        supplies and equipment, courses, transportation, child care, 
        and housing; and
            (2) may use funds for any of the following activities:
                    (A) Any of the activities under section 4(a).
                    (B) To carry out grant requirements, including 
                program evaluation and reporting requirements.

SEC. 6. RESEARCH AND INFORMATION SHARING.

    (a) Establishment.--There is established a task force, to be known 
as the Interagency Task Force on Strengthening Employment Opportunities 
and Outcomes for Justice-Impacted Communities that shall identify, 
evaluate, and make recommendations regarding--
            (1) best practices relating to apprenticeship training for 
        incarcerated individuals in prisons, jails, and juvenile 
        facilities; and
            (2) ways in which Federal agencies can better coordinate to 
        support justice-impacted individuals with success and 
        completion of pre-apprenticeships and apprenticeship programs.
    (b) Membership.--The Task Force shall be composed of the heads of 
the following Federal departments and agencies, or their designees:
            (1) Justice-impacted individuals.
            (2) The Department of Labor.
            (3) The Department of Justice.
            (4) The Department of Education.
            (5) The Department of Housing and Urban Development.
            (6) The Bureau of Prisons.
            (7) The Small Business Administration.
            (8) The Department of Education.
            (9) The Department of Health and Human Services.
            (10) The Department of Commerce.
            (11) The Department of Transportation.
            (12) The Department of Veterans Affairs.
            (13) The U.S. Equal Employment Opportunity Commission.
            (14) The White House Office of Faith-Based and Neighborhood 
        Partnerships.
            (15) The Office of Personnel Management.
            (16) The Office of Management and Budget.
            (17) A Governor.
            (18) A representative of labor organizations who have 
        responsibility for the administration of an apprenticeship 
        program, including those sponsored by a joint labor-management 
        organization and from nontraditional apprenticeship industries 
        or occupations.
            (19) The U.S. Chamber of Commerce.
            (20) The Corporation for National and Community Services.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Task Force shall produce a report that identifies--
            (1) evidence-based research, policies, strategies, and 
        programming that support successful completion of 
        apprenticeships and pre-apprenticeships by justice impacted 
        individuals; and
            (2) barriers to successful completion of apprenticeships 
        and pre-apprenticeships by justice impacted individuals.

SEC. 7. OFFICE OF CORRECTIONAL APPRENTICESHIPS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Labor, in consultation with the Attorney General and 
Director of Bureau of Prisons, shall establish an Office of 
Correctional Apprenticeships to--
            (1) ensure that all Federal correctional institutions 
        provide quality pre-apprenticeships and apprenticeship programs 
        for incarcerated individuals that pay fair and graduated wages;
            (2) be a nationwide repository for research, policies, and 
        best practices in correctional education and training; and
            (3) offer training and technical assistance for State 
        prison systems and employers seeking to operate or improve--
                    (A) corrections-based pre-apprenticeship or 
                apprenticeship programs; or
                    (B) pre-apprenticeship or apprenticeship programs 
                that support justice-connected individuals.
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