[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2363 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2363

 To promote and expand high-quality youth apprenticeship programs and 
    provide support and incentives to help employees establish such 
                               programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2023

 Mr. Hickenlooper (for himself and Mr. Braun) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To promote and expand high-quality youth apprenticeship programs and 
    provide support and incentives to help employees establish such 
                               programs.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Youth Apprenticeship Advancement 
Act''.

SEC. 2. PURPOSES.

     The purposes of this Act are--
            (1) to promote and expand high-quality youth apprenticeship 
        programs that--
                    (A) strengthen the transition from high school to 
                employment and postsecondary education in high-skill, 
                high-wage, and in-demand industry sectors and 
                occupations;
                    (B) serve all youth, including youth with barriers 
                to access to, participation in, and completion of youth 
                apprenticeship programs; and
                    (C) lead to rewarding, longer-term careers and 
                success in the labor market; and
            (2) to provide support and incentives to help employers 
        establish high-quality youth apprenticeships to meet their 
        needs for skilled workers and diversify their workforces.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Award.--The term ``award'' means a grant, contract, or 
        cooperative agreement.
            (2) Competency.--The term ``competency'' means the 
        attainment of knowledge, skills, and abilities in a subject 
        area, as specified by an occupational skill standard and 
        demonstrated by an appropriate written and hands-on proficiency 
        measurement.
            (3) CTE terms.--The terms ``area career and technical 
        education school'', ``Tribally controlled college or 
        university'', ``Tribally controlled postsecondary career and 
        technical institution'', and ``work-based learning'' have the 
        meanings given the terms in section 3 of the Carl D. Perkins 
        Career and Technical Education Act of 2006 (20 U.S.C. 2302).
            (4) 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) a dual or concurrent enrollment program;
                    (D) an educational service agency;
                    (E) a high school;
                    (F) a local educational agency or State educational 
                agency;
                    (G) a Tribal educational agency, Tribally 
                controlled college or university, or Tribally 
                controlled postsecondary career and technical 
                institution;
                    (H) an institution of higher education;
                    (I) a Historically Black College or University, 
                meaning a part B institution as defined in section 322 
                of the Higher Education Act of 1965 (20 U.S.C. 1061));
                    (J) a minority-serving institution;
                    (K) 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);
                    (L) a related integrated instruction provider, 
                including a qualified intermediary acting as a related 
                integrated instruction provider as approved by the 
                Office of Apprenticeship or a State apprenticeship 
                agency recognized by the Secretary; and
                    (M) a consortium of entities described in any of 
                subparagraphs (A) through (L).
            (5) Eligible entity.--The term ``eligible entity'' means a 
        partnership that shall include--
                    (A) 1 or more State educational agencies or local 
                educational agencies;
                    (B) 1 or more youth apprenticeship program 
                sponsors, which may be employers; and
                    (C) entities or officials from not fewer than 2 
                categories consisting of the following:
                            (i) A Governor of a State, including a 
                        Governor acting through 1 or more State 
                        agencies.
                            (ii) A State workforce development board or 
                        State workforce agency, or a local workforce 
                        development board or local workforce agency.
                            (iii) An education and training provider, 
                        or a consortium thereof.
                            (iv) A State vocational rehabilitation 
                        agency.
                            (v) A qualified intermediary.
                            (vi) An industry or sector partnership, a 
                        group of employers, a trade association, or a 
                        professional association.
                            (vii) A labor organization or joint-labor 
                        management organization.
                            (viii) An Indian Tribe, Tribal 
                        organization, or Urban Indian organization.
                            (ix) A nonprofit entity, such as a 
                        community-based organization, human or youth 
                        services provider, or economic development 
                        organization.
            (6) ESEA terms.--
                    (A) In general.--The terms ``dual or concurrent 
                enrollment program'', ``early college high school'', 
                ``educational service agency'', ``high school'', 
                ``local educational agency'', ``regular high school 
                diploma'', and ``State educational agency'' have the 
                meanings given the terms in section 8101 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801).
                    (B) Challenging state academic standards.--The term 
                ``challenging State academic standards'' has the 
                meaning given the term in section 1111(b)(1)(A) of such 
                Act (20 U.S.C. 6311(b)(1)(A)).
                    (C) Students with the most significant cognitive 
                disabilities.--The term ``students with the most 
                significant cognitive disabilities'' means such 
                students, within the meaning of section 
                1111(b)(1)(E)(i) of such Act (20 U.S.C. 
                6311(b)(1)(E)(i)).
            (7) Evidence-based.--The term ``evidence-based'', used with 
        respect to a practice or approach, means a youth 
        apprenticeship, postsecondary education, or career-related 
        strategy or intervention that meets subparagraph (A)(i) or 
        subclause (I) or (II) of subparagraph (A)(ii) of section 
        8101(21) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 7801(21)).
            (8) Indian tribe; tribal organization.--The terms ``Indian 
        Tribe'' and ``Tribal organization'' have the meanings given the 
        terms (without regard to capitalization) in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (9) Interim credential.--The term ``interim credential'' 
        means a credential issued by a local educational agency, 
        secondary school, institution of higher education, sponsor of a 
        youth apprenticeship program, or industry-recognized third 
        party, or the Office of Apprenticeship or a State 
        apprenticeship agency recognized by the Secretary, upon request 
        of the sponsor, as certification of a regular high school 
        diploma, competency, or a recognized postsecondary credential 
        by a youth apprentice during participation in a youth 
        apprenticeship program.
            (10) Minority-serving institution.--The term ``minority-
        serving institution'' means an institution defined in any of 
        paragraphs (1) through (7) of section 371(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(a)).
            (11) National apprenticeship system.--The term ``national 
        apprenticeship system'' means the apprenticeship programs, 
        youth apprenticeship programs, and pre-apprenticeship programs 
        that are approved by the Office of Apprenticeship and State 
        apprenticeship agencies.
            (12) Nontraditional apprenticeship population.--The term 
        ``nontraditional apprenticeship population'' means a group of 
        individuals with a common demographic trait (such as 
        individuals from the same gender, race, or ethnicity), the 
        members of which--
                    (A) with respect to an established youth 
                apprenticeship program, comprise less than 25 percent 
                of the program participants in that youth 
                apprenticeship program; or
                    (B) based on the most recent satisfactory data from 
                the Bureau of the Census, comprise a percentage of 
                individuals employed in an occupation that is lower 
                than the percentage of the total population of the 
                United States comprised by such members.
            (13) Outlying area.--The term ``outlying area'' means 
        American Samoa, Guam, the Commonwealth of the Northern Mariana 
        Islands, and the United States Virgin Islands.
            (14) Postsecondary education and career guidance and 
        counseling.--The term ``postsecondary education and career 
        guidance and counseling'' means guidance and counseling that 
        provides students, and as appropriate, parents or legal 
        guardians--
                    (A) access to information about career awareness, 
                exploration opportunities, and planning with respect to 
                a student's academic and occupational future along 
                career pathways;
                    (B) information about career options, financial 
                aid, apprenticeship and other work-based learning 
                opportunities, postsecondary education options, dual or 
                concurrent enrollment programs and early college 
                programs, and financial literacy, as appropriate; and
                    (C) information about supportive services that 
                increase enrollment, retention, and completion in youth 
                apprenticeship programs.
            (15) Qualified intermediary.--The term ``qualified 
        intermediary'' means a nonprofit entity that demonstrates 
        expertise and experience in serving participants, employers, 
        and schools by--
                    (A) building, sustaining, measuring, and improving 
                the quality and performance of youth apprenticeship 
                programs;
                    (B) assisting in the design, approval, 
                registration, and implementation of youth 
                apprenticeship programs, including program development, 
                and meeting program requirements, including 
                registration and reporting requirements;
                    (C) in collaboration with 1 or more State 
                educational agencies, local educational agencies, or 
                institutions of higher education included in the 
                eligible entity, providing collaborative professional 
                development activities such as training for workplace 
                supervisors, mentors, counselors, and teachers, 
                instructors, and other educators;
                    (D) supporting the recruitment for, retention in, 
                and completion of youth apprenticeship programs by 
                potential or enrolled youth apprentices, including 
                youth apprentices who are from low-income backgrounds 
                or members of nontraditional apprenticeship 
                populations;
                    (E) developing and providing personalized youth 
                apprentice supports, including by partnering with 
                organizations to provide access to or referrals for 
                supportive services, financial literacy, and other 
                support based upon needs of potential or enrolled youth 
                apprentices;
                    (F) supporting collaboration or partnerships among 
                the partners of the eligible entity; or
                    (G) serving as a program sponsor.
            (16) Related integrated instruction.--The term ``related 
        integrated instruction'' means instruction in technical 
        subjects, related to the occupation in which a youth apprentice 
        engages in work-based learning during a youth apprenticeship 
        program, that--
                    (A) concerns essential employability skills;
                    (B) supports successful participation in and 
                completion of the youth apprenticeship program 
                accomplished through integrated and aligned classroom 
                instruction; and
                    (C) may include occupational courses, or other 
                instruction approved by the involved State educational 
                agency or local educational agency.
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (18) Sponsor.--The term ``sponsor'' means any employer, 
        joint labor-management organization, trade association, 
        committee, professional association, labor organization, 
        education and training provider, or qualified intermediary--
                    (A) in whose name a youth apprenticeship program is 
                registered or is to be registered under the National 
                Apprenticeship System; and
                    (B) that assumes responsibility for the 
                implementation of such a program.
            (19) State.--The term ``State''--
                    (A) has the meaning given such term in section 3 of 
                the Workforce Innovation and Opportunity Act (29 U.S.C. 
                3102); and
                    (B) includes each of the outlying areas.
            (20) State or local workforce development board.--The terms 
        ``State workforce development'' and ``local workforce 
        development'', used with respect to a 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).
            (21) State vocational rehabilitation agency.--The term 
        ``State vocational rehabilitation agency'' means a designated 
        State agency or designated State unit, as the case may be, as 
        such terms are defined in section 7 of the Rehabilitation Act 
        of 1973 (29 U.S.C. 705).
            (22) State workforce agency.--The term ``State'' used with 
        respect to a workforce agency, means the State agency with 
        responsibility for workforce investment activities under 
        chapters 2 and 3 of subtitle B of title I of the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3121 et seq., 3131 et 
        seq.).
            (23) Tribal educational agency.--The term ``Tribal 
        educational agency'' has the meaning given the term (without 
        regard to capitalization) in section 6132 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7452).
            (24) Urban indian organization.--The term ``Urban Indian 
        organization'' has the meaning given the term in the Indian 
        Health Care Improvement Act (25 U.S.C. 1603).
            (25) WIOA terms.--The terms ``career pathway'', ``in-demand 
        industry sector or occupation'', ``individual with a 
        disability'', ``industry or sector partnership'', ``institution 
        of higher education'', ``recognized postsecondary credential'', 
        and ``supportive services'' have the meanings given in section 
        3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 
        3102).
            (26) Youth.--The term ``youth'' means an individual who is 
        not younger than age 16 or older than age 22.
            (27) Youth apprentice.--The term ``youth apprentice'' means 
        a youth who is--
                    (A) not younger than age 16 or older than age 22;
                    (B) participating in a youth apprenticeship 
                program; and
                    (C) enrolled in or returning to high school at the 
                start of the program.
            (28) Youth apprenticeship agreement.--The term ``youth 
        apprenticeship agreement'' means a written agreement under 
        section 101 that is agreed to by each of the following:
                    (A) A youth.
                    (B) The youth's parent or legal guardian, as 
                applicable.
                    (C) One or more local educational agencies.
                    (D) The youth apprenticeship sponsor, which may be 
                an employer for a youth apprenticeship.
                    (E) As appropriate, a qualified intermediary for a 
                youth apprenticeship.
                    (F) As appropriate, one or more institutions of 
                higher education.
                    (G) As appropriate, one or more employers.
             (29) Youth apprenticeship program.--The term ``youth 
        apprenticeship program'' means an apprenticeship program 
        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.) that--
                    (A) is designed for youth not younger than age 16 
                or older than age 22 who at the start of the program 
                are enrolled in or returning to high school; and
                    (B) meets the standards described in section 102.

                 TITLE I--YOUTH APPRENTICESHIP PROGRAMS

SEC. 101. YOUTH APPRENTICESHIP AGREEMENTS.

    (a) In General.--The Administrator shall require a sponsor to 
develop a youth apprenticeship agreement, for each youth apprenticeship 
program, that shall--
            (1) be the same for each youth apprentice;
            (2) contain--
                    (A) the names and signatures of the parties, as 
                appropriate, as described in section 3(28);
                    (B) the term of the youth apprenticeship program;
                    (C) a statement of the number of hours to be spent 
                by the youth apprentice in on-the-job learning and on-
                the-job training, in order to complete the program, if 
                the term of the youth apprenticeship is measured 
                through a time-based or hybrid approach (as described 
                in section 29.5(b)(2)(i) and (ii) of title 29, Code of 
                Federal Regulations (or a successor regulation));
                    (D) a description of the skill sets to be attained 
                by completion of the program, including the on-the-job 
                learning and on-the-job training components;
                    (E) a description of the number of hours and form 
                of related integrated instruction provided, and how 
                such instruction will relate to graduation requirements 
                for the entities referred to in subparagraphs (C) or 
                (F) of section 3(28), as applicable;
                    (F) a description of the regular high school 
                diploma or (for students with the most significant 
                cognitive disabilities) the State-defined alternate 
                diploma aligned to the alternate academic achievement 
                standards described under section 1111(b)(1)(E) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(b)(1)(E)), or a recognized postsecondary 
                credential, that the youth apprentice will be eligible 
                to receive upon program completion;
                    (G) a description of the use, in the program, of 
                universal design for learning and other evidence-based 
                practices known to support youth with disabilities;
                    (H) a statement of the costs the youth apprentice 
                will incur for participating in the program (such as 
                costs for equipment, related integrated instruction, or 
                assessment or licensure fees);
                    (I) a description of the methods used in the 
                program to measure skill acquisition for a youth 
                apprentice;
                    (J) a description of the mentoring that will be 
                provided to the youth apprentice;
                    (K) a description or timeline explaining the 
                periodic reviews and evaluations of the youth 
                apprentice's performance on the job and in related 
                integrated instruction;
                    (L) a description of the graduated wage scale for 
                wages to be paid to the youth apprentice, benefits 
                offered to youth apprentices, and how the wages and 
                benefits compare to State, local, or regional wages and 
                benefits in the related occupation;
                    (M) a description of the safe work and training 
                environment that will be provided for youth 
                apprentices, including an environment in compliance 
                with all applicable Federal and State workplace safety 
                and labor laws;
                    (N) a statement of the credit or credential, which 
                may be an interim credential, that the youth apprentice 
                will earn during or on completion of the program, 
                issued by an entity that may be an institution of 
                higher education;
                    (O) a statement of the numeric ratio of youth 
                apprentices to supervisors (such as journeyworkers, 
                mentors, or on-the-job learning instructors, as 
                applicable) for the occupation for the youth 
                apprenticeship involved, which ratio is--
                            (i) based on evidence-based and evidence-
                        informed best practices for supervision, 
                        training, safety, and continuity of employment 
                        in the occupation, throughout the work 
                        processes of the program, and of the job site, 
                        department, or plant involved; and
                            (ii) appropriate for the degree of hazard 
                        in different occupation; and
                    (P) a description of how the program sponsor will 
                promote diversity and equal opportunity for youth 
                apprentices in the program, and for the industry, 
                including by supporting the recruitment of, employment 
                of, retention of, and program completion by 
                nontraditional youth apprenticeship populations, such 
                as women, people of color, individuals with 
                disabilities, individuals from low-income backgrounds, 
                individuals impacted by the criminal and juvenile 
                justice system, and disconnected youth, as applicable.
    (b) Collective Bargaining.--Nothing in a youth apprenticeship 
agreement or this Act shall operate to invalidate an applicable 
provision in a collective bargaining agreement, between employers and 
employees, establishing higher standards for programs under the 
national apprenticeship system.

SEC. 102. YOUTH APPRENTICESHIP PROGRAM STANDARDS.

    (a) In General.--The sponsor of a youth apprenticeship program 
shall (directly or through a partner in an eligible entity)--
            (1) provide youth apprentices work-based learning and 
        related integrated instruction that--
                    (A) combines related integrated instruction with 
                on-the-job training and on-the-job learning in an in-
                demand industry sector or occupation, as described in 
                subparagraphs (C) through (G) of section 101(a)(2);
                    (B) aligns with challenging State academic 
                standards or the alternate academic achievement 
                standards (for students with the most significant 
                cognitive disabilities), the State requirements for 
                completing a regular high school diploma or (for 
                students with the most significant cognitive 
                disabilities) the State-defined alternate diploma, 
                postsecondary education standards for the award of 
                academic credit, and standards for certifying 
                educational attainment through related integrated 
                instruction and work-based learning;
                    (C) may be organized sequentially or concurrently 
                to support learning opportunities, including being 
                provided through dual or concurrent enrollment programs 
                or through early college high school programs, or as 
                available, programs of an institution of higher 
                education;
                    (D) is conducive to work and training in a safe 
                environment in accordance with applicable Federal and 
                State child labor laws;
                    (E) enable youth apprentices to acquire--
                            (i) a regular high school diploma, or (for 
                        students with the most significant cognitive 
                        disabilities) the State-defined alternate 
                        diploma aligned to the alternate academic 
                        achievement standards described under section 
                        1111(b)(1)(E) of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 
                        6311(b)(1)(E));
                            (ii) a Federal certificate of completion 
                        for an apprenticeship under the national 
                        apprenticeship system;
                            (iii) postsecondary education credit, as 
                        applicable; and
                            (iv) an industry-recognized postsecondary 
                        credential, as applicable;
            (2) lead to careers in high-skill, high-wage, and in-demand 
        industry sectors and occupations in the local or regional labor 
        market and an increase in the prospects for youth, especially 
        youth who are from low-income backgrounds or who are members of 
        nontraditional apprenticeship populations, to obtain employment 
        in careers in high-skill, high-wage, and in-demand industry 
        sectors and occupations;
            (3) pay wages to youth apprentices based on a progressively 
        increasing, clearly defined schedule of wages that is linked to 
        the acquisition of competencies, consistent with the youth 
        apprenticeship agreements;
            (4) establish, maintain, and develop strong partnerships 
        and engagement with industry in a manner that ensures that 
        youth apprentices complete the youth apprenticeship program and 
        acquire credentials described in clauses (i) through (iv) of 
        paragraph (1)(E) that demonstrate the acquisition of skills and 
        knowledge needed by employers;
            (5) provide individualized career counseling, counseling 
        about postsecondary education, and academic counseling, 
        including tutoring, mentoring, and ongoing reviews and 
        assessments of skill acquisition, of performance on the job, 
        and of performance in related integrated instruction, as 
        described in section 101(a)(2);
            (6) provide youth apprentices with supportive services and 
        other services to recruit and retain the youth apprentices, and 
        assure their persistence in and completion of the program; and
            (7) provide collaborative professional development services 
        to workplace supervisors, mentors, teachers, counselors, and 
        other staff to develop and maintain a well-integrated, high-
        performing program.

            TITLE II--YOUTH APPRENTICESHIP ADVANCEMENT FUND

SEC. 201. YOUTH APPRENTICESHIP ADVANCEMENT FUND.

    (a) In General.--The Secretary, in consultation with the Secretary 
of Education and the Advisory Committee on Apprenticeship, shall use 
funds made available under section 286(s)(2)(A)(ii) of the Immigration 
and Nationality Act (8 U.S.C. 1356(s)(2)(A)(ii)) to make awards to 
eligible entities to assist the eligible entities by paying for the 
program share of the cost of carrying out youth apprenticeship 
programs, including by supporting an evidence-based approach to assist 
youth, particularly youth who are from low-income backgrounds or who 
are members of non-traditional apprenticeship populations--
            (1) acquire academic and occupational skills by 
        completing--
                    (A) the requirements for a regular high school 
                diploma, or (for students with the most significant 
                cognitive disabilities) a State-defined alternate 
                diploma aligned to the alternate academic achievement 
                standards described under section 1111(b)(1)(E) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311(b)(1)(E));
                    (B) a certificate of completion in recognition of 
                successful completion of the program, evidenced by an 
                appropriate certificate issued by the National 
                Apprenticeship System;
                    (C) college credit, as appropriate; and
                    (D) the remaining requirements of a youth 
                apprenticeship program;
            (2) transition, after completion of a youth apprenticeship 
        program, to full-time unsubsidized employment or continued 
        postsecondary education;
            (3) earn an industry-recognized postsecondary credential; 
        and
            (4) earn college credit towards a degree from an 
        institution of higher education, as applicable.
    (b) Duration.--The duration of any award made under subsection (a) 
shall be for a period of not more than 5 years.
    (c) Application.--
            (1) Form and procedure.--An eligible entity that desires to 
        receive an award under this section shall submit an application 
        to the Secretary at such time, in such manner, and containing 
        such information as the Secretary may require.
            (2) Minimum requirements.--The Secretary shall require that 
        an application submitted under paragraph (1) include, at a 
        minimum--
                    (A) the youth apprenticeship agreement the eligible 
                entity intends to use;
                    (B) a description of, as applicable--
                            (i) outreach and marketing activities for 
                        the youth apprenticeship program, to be carried 
                        out with an emphasis on increasing access to, 
                        and equity and diversity in, the youth 
                        apprenticeship program;
                            (ii) the experience and expertise of the 
                        eligible entity and roles that partners in the 
                        entity will play in carrying out administration 
                        and operations activities of the youth 
                        apprenticeship program;
                            (iii) incentives to be provided to the 
                        partners of the eligible entity to participate 
                        in the youth apprenticeship program, such as 
                        incentives for costs related to program 
                        development, staffing for mentors and 
                        supervisors, provision of academic or related 
                        integrated instruction, or the establishment of 
                        an industry or sector partnership or a 
                        consortium of small and medium-sized businesses 
                        to support participation of employers; and
                            (iv) how public and private funds that are 
                        not provided under the award will be 
                        leveraged--
                                    (I) to assist with the 
                                establishment, maintenance, and 
                                sustainability of the youth 
                                apprenticeship program; and
                                    (II) to support the youth 
                                apprenticeship program in a cost-
                                effective manner; and
                    (C) for an eligible entity proposing a youth 
                apprenticeship program in an occupation that is 
                hazardous or detrimental for minors, a description of 
                how the entity will ensure compliance with applicable 
                Federal and State labor laws regarding the employment 
                of minors, including laws relating to such an 
                occupation and the requirements for the apprentice 
                exemption and, as applicable, the student-learner 
                exemption, and ensure the safety of youth apprentices, 
                especially those under the age of 18, which--
                            (i) shall include appropriate safety 
                        instruction at the high school and at the 
                        workplace;
                            (ii) may include modifying on-the-job 
                        training, including delaying or reordering 
                        training components or acquisition of 
                        competencies while youth apprentices are under 
                        the age of 18; and
                            (iii) may include modifying related 
                        integrated instruction to include modified 
                        practical training to promote the safe training 
                        of youth apprentices.
    (d) Selection Criteria.--For an eligible entity to receive an award 
under this section, the entity and the entity's proposed youth 
apprenticeship program shall meet such selection criteria as the 
Secretary, in consultation with the Secretary of Education, shall 
establish under this section, including--
            (1) the qualifications, demonstrated capacity, or potential 
        of the eligible entity, including the partners of the eligible 
        entity, for developing and carrying out a successful, 
        inclusive, youth apprenticeship program that leads to success 
        in high-skill, high-wage careers in in-demand industry sectors 
        or occupations;
            (2) the extent to which the eligible entity proposes to 
        coordinate activities among the partners of the eligible entity 
        to carry out a youth apprenticeship program;
            (3) criteria related to--
                    (A) geographic diversity, such as urban, suburban, 
                and rural populations served; and
                    (B) innovative partnerships, targeted industries, 
                or occupations; and
            (4) such other criteria as the Secretary determines 
        necessary.
    (e) Priority and Distribution.--
            (1) Priority.--In making awards under this section, the 
        Secretary shall give priority to an eligible entity--
                    (A) proposing to serve a high number or high 
                percentage of participants who are members of non-
                traditional apprenticeship populations; and
                    (B) providing opportunities in high-wage, high-
                skill, and in-demand industry sectors or occupations.
            (2) Geographic distribution.--In making awards under this 
        subsection, the Secretary shall, to the extent practicable, 
        ensure a geographically diverse distribution of such awards, 
        including a geographically diverse distribution among regions 
        of the United States and among urban, suburban, sparsely 
        populated, and rural areas.
    (f) Use of Funds.--An eligible entity that receives an award under 
this section shall use the funds to--
            (1) carry out activities described in subsection 
        (c)(2)(B)(i);
            (2) carry out the youth apprenticeship program, in 
        accordance with the youth apprenticeship agreement, except that 
        no funds shall be used for wages for youth apprentices; and
            (3) carry out activities described in (c)(2)(B)(iii), 
        except that the eligible entity may not use more than 5 percent 
        of the funds for these activities.
    (g) Administration.--An eligible entity that receives an award 
under this section--
            (1) may use not more than 10 percent of the funds made 
        available for administration of the youth apprenticeship 
        program;
            (2) shall designate the partner that will serve as the 
        fiscal agent for purposes of the award; and
            (3) shall leverage public and private funds that are not 
        provided through the award to assist with the establishment, 
        maintenance, and sustainability of the youth apprenticeship 
        program.
    (h) Program Share.--
            (1) In general.--The program share shall be 75 percent of 
        the cost described in subsection (a).
            (2) Non-program share.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an eligible entity may provide the non-program 
                share of the cost described in subsection (a)--
                            (i) from Federal sources not made available 
                        under this Act, or non-Federal, public, or 
                        private organizations; and
                            (ii) in cash or in kind, fairly evaluated.
                    (B) Cap on federal funds.--Not more than 25 percent 
                of the non-program share of the cost described in 
                subsection (a) may be made from Federal sources not 
                made available under this Act.
            (3) Increase in program share.--Notwithstanding paragraph 
        (1), the Secretary may increase the program share if the 
        eligible entity demonstrates that exceptional circumstances 
        prevent the entity from providing 25 percent of the cost 
        described in subsection (a)--
                    (A) such as demonstrating that the entity serves a 
                high proportion of participants who members of non-
                traditional apprenticeship populations; or
                    (B) due to exceptional or uncontrollable 
                circumstances, such as a natural disaster or a 
                precipitous and unforeseen decline in the financial 
                resources of the eligible entity.
    (i) Performance.--
            (1) In general.--Not later than 1 year after receipt of the 
        award under this section, as applicable, and annually 
        thereafter, the eligible entity shall submit a report to the 
        Secretary evaluating the performance and impact of the youth 
        apprenticeship program that, at minimum, includes program data 
        on levels of performance achieved with respect to performance 
        indicators described in section 116(b)(2)(A)(ii) of the 
        Workforce Innovation and Improvement Act (29 U.S.C. 
        3141(b)(2)(A)(ii)) as applicable, by participants in the 
        program, disaggregated by--
                    (A) race;
                    (B) ethnicity;
                    (C) sex;
                    (D) disability; and
                    (E) membership in any of the special populations, 
                as defined in section 3 of the Carl D. Perkins Career 
                and Technical Education Act of 2006 (20 U.S.C. 2302).
            (2) Disaggregation.--The disaggregation of data under 
        paragraph (1)--
                    (A) shall be completed without reporting personally 
                identifiable information about an individual 
                participant; and
                    (B) by any subgroup listed in subparagraph (A) 
                through (E) of paragraph (1), shall not be required in 
                the case where the number of participants in a subgroup 
                is insufficient to yield statistically reliable 
                information or the results would reveal personally 
                identifiable information about an individual 
                participant.
    (j) Intangible Property.--Any new work created wholly or in part 
with funds made available under an award made under this section 
shall--
            (1) be in a format readily accessible and available for 
        open licensing to the public consistent with part 2900 of title 
        2, Code of Federal Regulations (or any successor regulation); 
        and
            (2) meet, at a minimum, conformance to Level AA of the Web 
        Content Accessibility Guidelines 2.0 of the Web Accessibility 
        Initiative (or any successor guidelines).
    (k) Information and Referral.--
            (1) In general.--An eligible entity that receives an award 
        under this section shall provide information to youth described 
        in paragraph (2) regarding adult-serving apprenticeship 
        programs in the National Apprenticeship System, and may refer 
        such youth for possible participation in such programs.
            (2) Eligible youth.--A youth is described in this paragraph 
        if the youth--
                    (A) is not enrolled in school;
                    (B) does not have a regular high school diploma or 
                (for students with the most significant cognitive 
                disabilities) the State-defined alternate diploma;
                    (C) does not intend to reenroll in secondary 
                school; and
                    (D) seeks to participate in an apprenticeship 
                program in the National Apprenticeship System.
    (l) Special Rule.--No award shall be made under this section for a 
youth apprenticeship program in an occupation that is hazardous or 
detrimental for minors for which an apprentice exemption or, as 
applicable, a student-learner exemption, does not apply.
    (m) Definitions.--In this section:
            (1) Apprentice exemption.--The term ``apprentice 
        exemption'' means the exemption described in section 570.50(b) 
        of title 29, Code of Federal Regulations (or a successor 
        regulation).
            (2) Occupation that is hazardous or detrimental for 
        minors.--The term ``occupation that is hazardous or detrimental 
        for minors'' means an occupation described in subpart E of part 
        570 of title 29, Code of Federal Regulations (or a successor 
        regulation).
            (3) Student-learner exemption.--The term ``student-learner 
        exemption'' means the exemption described in section 570.50(c) 
        of title 29, Code of Federal Regulations (or a successor 
        regulation).

                     TITLE III--GENERAL PROVISIONS

SEC. 301. ADMINISTRATION AND TECHNICAL ASSISTANCE.

    (a) Funds for Administration and Technical Assistance.--Of amounts 
made available under section 286(s)(2)(A)(ii) of the Immigration and 
Nationality Act (8 U.S.C. 1356(s)(2)(A)(ii)) to carry out this Act, the 
Secretary may use a portion of not more than 7 percent for--
            (1) administration of the program carried out under this 
        Act;
            (2) provision of technical assistance, including the 
        dissemination of resources, tools, and promising practices, to 
        improve program outreach, information, and performance; and
            (3) evaluation of the program, as described in subsection 
        (b), including data collection.
    (b) Evaluation.--
            (1) Evaluation.--For the purpose of improving the 
        management and effectiveness of the program carried out under 
        this Act, not later than 2 years after the first award of funds 
        under this Act is made, the Secretary (acting through the Chief 
        Evaluation Officer of the Department of Labor), in consultation 
        with the Secretary of Education, shall--
                    (A) design and conduct an evaluation to evaluate 
                the effectiveness of the program carried out under this 
                Act; and
                    (B) conduct or commission studies to examine ways 
                to expand education and workforce development 
                opportunities for youth, including youth from low-
                income backgrounds, and youth who are members of 
                nontraditional apprenticeship populations, to learn 
                about and participate in initiatives that result in the 
                receipt of recognized postsecondary credentials and 
                advance the careers of youth in in-demand industry 
                sectors and occupations and emerging industry sectors 
                and occupations.
            (2) Report.--Not later than 60 days after the completion of 
        the final evaluation report under paragraph (1) by the 
        Secretary, the Secretary shall transmit the final evaluation 
        report to the Committee on Health, Education, Labor, and 
        Pensions of the Senate and the Committee on Education and the 
        Workforce of the House of Representatives.
    (c) Other Secretarial Responsibilities.--
            (1) Information dissemination.--The Secretary of Labor and 
        the Secretary of Education shall jointly develop and 
        disseminate information, in user-friendly formats and easily 
        accessible languages as determined by the Secretaries, to State 
        and local workforce development boards, State educational 
        agencies and local educational agencies, State vocational 
        rehabilitation agencies, industry networks, parent and teacher 
        associations, and student networks to--
                    (A) promote alignment between youth apprenticeship 
                programs funded under this Act and requirements for a 
                regular high school diploma or (for students with the 
                most significant cognitive disabilities) the State-
                defined alternate diploma;
                    (B) promote a better understanding of the national 
                apprenticeship system, youth apprenticeships, and the 
                value of the apprenticeships in high schools and 
                postsecondary education and career pathways;
                    (C) promote the benefits of the youth 
                apprenticeship programs and ways to effectively align--
                            (i) requirements for youth apprenticeship 
                        programs, including related integrated 
                        instruction and training in skills and 
                        competencies for occupations suitable for 
                        apprenticeship; and
                            (ii) regular high school diploma 
                        requirements or (for students with the most 
                        significant cognitive disabilities) State-
                        defined alternate diploma requirements, and 
                        requirements for career and technical education 
                        programs, dual and concurrent enrollment 
                        programs, and early college high school 
                        programs; and
                    (D) promote ways to facilitate transitions, for 
                students who have completed youth apprenticeships, to 
                full-time employment in a high-skill, high-wage, and 
                in-demand industry sector or occupation, programs at 
                institutions of higher education leading to an 
                associate, baccalaureate, or advanced degree, or a 
                combination of employment and continued postsecondary 
                education.
            (2) Educational alignment.--The Secretary, in collaboration 
        with the Secretary of Education, shall promote activities 
        designed to strengthen alignment between programs under the 
        national apprenticeship system, programs of education and 
        training, and programs of secondary, postsecondary, and adult 
        education, including degree and credential requirements.

SEC. 302. CONFORMING AMENDMENTS.

    Section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 
1356(s)(2)) is amended--
            (1) in the paragraph heading, by inserting ``youth 
        apprenticeships and'' after ``fees for''; and
            (2) by striking all that follows the paragraph heading and 
        inserting the following:
                    ``(A) In general.--A sum equal to 50 percent of the 
                amounts deposited into the H-1B Nonimmigrant Petitioner 
                Account shall remain available to the Secretary of 
                Labor until expended for--
                            ``(i) grants for job training and related 
                        activities described in section 414(c) of the 
                        American Competitiveness and Workforce 
                        Improvement Act of 1998 (29 U.S.C. 3224a); and
                            ``(ii) youth apprenticeship awards and 
                        administration described in title II and 
                        section 301 of the Youth Apprenticeship 
                        Advancement Act.
                    ``(B) Allocation.--The Secretary of Labor shall use 
                not less than $100,000,000, subject to availability, of 
                the sum described in subparagraph (A) for each of 
                fiscal years 2024 through 2029 for awards described in 
                subparagraph (A)(ii).''.
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