[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3794 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3794

  To direct the Secretary of Labor to support the development of pre-
 apprenticeship programs in the building and construction trades that 
  serve underrepresented populations, including individuals from low 
                    income and rural census tracts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2024

 Mr. Heinrich (for himself, Mr. Brown, Mr. Wyden, Mr. Schatz, and Mr. 
  Whitehouse) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Labor to support the development of pre-
 apprenticeship programs in the building and construction trades that 
  serve underrepresented populations, including individuals from low 
                    income and rural census tracts.

    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 ``Pre-Apprenticeships To Hardhats 
Act'' or the ``PATH Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Area career and technical school.--The term ``area 
        career and technical school'' has the meaning given the term in 
        section 3 of the Carl D. Perkins Career and Technical Education 
        Act of 2006 (20 U.S.C. 2302).
            (2) Federally recognized indian tribe.--The term 
        ``Federally recognized Indian Tribe'' has the meaning given the 
        term ``Indian Tribe'' in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (3) High school.--The term ``high school'' means a 
        nonprofit institutional day or residential school in a State 
        that--
                    (A) provides secondary education, as determined 
                under State law;
                    (B) grants a diploma, as defined by the State; and
                    (C) includes, at least, grade 12.
            (4) In-demand industry sector or occupation.--The term 
        ``in-demand industry sector or occupation'' has the meaning 
        given the term in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
            (5) Local educational agency; state educational agency.--
        The terms ``local educational agency'' 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).
            (6) Local and state workforce development boards.--The 
        terms ``local workforce development board'' and ``State 
        workforce development board'' have the meanings given the terms 
        ``local board'' and ``State board'', respectively, in section 3 
        of the Workforce Innovation and Opportunity Act (29 U.S.C. 
        3102).
            (7) Postsecondary educational institution.--The term 
        ``postsecondary educational institution'' has the meaning given 
        the term ``institution of higher education'' in section 102 of 
        the Higher Education Act of 1965 (20 U.S.C. 1002).
            (8) Pre-apprenticeship program.--The term ``pre-
        apprenticeship program'' means a program or set of strategies 
        that--
                    (A) is designed to prepare individuals to enter and 
                succeed in a registered apprenticeship program in the 
                building or construction trades;
                    (B) is carried out by an eligible entity described 
                in section 3(c) that has a documented partnership with 
                at least 1 sponsor of a registered apprenticeship 
                program; and
                    (C) includes training (including a curriculum for 
                the training) that--
                            (i) is aligned with industry standards;
                            (ii) is reviewed and approved annually by 
                        sponsors of the registered apprenticeship 
                        programs within the documented partnership; and
                            (iii) will prepare an individual for a 
                        registered apprenticeship program by teaching 
                        the skills and competencies needed to enter 
                        such a registered apprenticeship program.
            (9) Registered apprenticeship program.--The term 
        ``registered apprenticeship program'' means a 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.).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (11) Sponsor.--The term ``sponsor'' means an employer, 
        joint labor-management partnership, trade association, 
        professional association, labor organization, or other entity 
        that administers a registered apprenticeship program.
            (12) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Workforce Innovation and Opportunity 
        Act (29 U.S.C. 3102).
            (13) Underrepresented population.--The term 
        ``underrepresented population'' means a group of individuals 
        who--
                    (A) are members of a racial minority, women, 
                military veterans, members of a Federally recognized 
                Indian Tribe, or long-term unemployed; or
                    (B) come from a geographic area consisting of a 
                single census tract or a group of census tracts, each 
                of which meets the criteria for a low-income community, 
                as defined in section 45D(e) of the Internal Revenue 
                Code of 1986.

SEC. 3. SUPPORTING THE DEVELOPMENT OF PRE-APPRENTICESHIP PROGRAMS.

    (a) In General.--The Secretary shall make grants on a competitive 
basis to eligible entities described in subsection (c) that submit 
applications under subsection (e) to provide the Federal share 
described in subsection (g) of the cost of carrying out projects under 
subsection (f) that support the development of pre-apprenticeship 
programs in the building and construction trades.
    (b) Period.--The Secretary shall make initial grants under 
subsection (a) for periods of not more than 3 years, except that if an 
eligible entity demonstrates satisfactory performance under subsection 
(h) by the end of that third year, the Secretary may extend the grant 
period up to an additional 1 year for that entity.
    (c) Eligible Entity.--To be eligible to receive a grant from the 
Secretary under subsection (a), an entity shall be a nonprofit 
partnership that--
            (1) includes the equal participation of industry, including 
        public or private employers, and labor organizations, including 
        joint labor or management training programs, and may include 
        State and local workforce development boards, community-based 
        organizations, educational institutions (such as postsecondary 
        educational institutions, local educational agencies, State 
        educational agencies, high schools, and area career and 
        technical schools), small businesses, cooperatives, State and 
        local veterans agencies, and veterans service organizations; 
        and
            (2) demonstrates--
                    (A) experience in implementing and operating worker 
                skills training and education programs;
                    (B) the ability to identify and involve in training 
                programs carried out under this grant, target 
                populations of individuals who would benefit from 
                training, and be actively involved in activities 
                related to all building and construction trade crafts; 
                and
                    (C) the ability to help individuals achieve 
                economic self-sufficiency.
    (d) Priority.--In awarding grants under subsection (a), the 
Secretary shall give priority to eligible entities that leverage 
additional public and private resources to fund programs under this 
Act, including cash or in-kind matches from participating employers.
    (e) Applications.--To be eligible to receive a grant from the 
Secretary under subsection (a), an eligible entity shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require, including--
            (1) with respect to the proposed pre-apprenticeship 
        program, a description of the training and curriculum described 
        in section 2(8)(C) and how the proposed pre-apprenticeship 
        program makes individuals who successfully complete the pre-
        apprenticeship program qualified to enter into an established 
        registered apprenticeship program;
            (2) evidence that there are or will be sufficient openings 
        available in such registered apprenticeship program to enable 
        the sponsor of such registered apprenticeship program to place 
        into a corresponding registered apprenticeship those 
        individuals who successfully complete the pre-apprenticeship 
        program;
            (3) information about the entity that demonstrates the 
        existence of an active, advisory partnership between the 
        partners described in subsection (c)(1) and the capacity of a 
        training and education provider of the entity to provide the 
        training and education services necessary for a pre-
        apprenticeship program; and
            (4) information about the proposed pre-apprenticeship 
        program that demonstrates--
                    (A) that the program is in an in-demand industry or 
                occupation in the region in which the project is 
                located;
                    (B) the inclusion in the program of career 
                exploration focused activities, such as career 
                information activities, and resume preparation;
                    (C) if the entity carrying out the project includes 
                a high school, that the model to be used for the 
                program leads to a high school diploma for participants 
                without such a diploma;
                    (D) how the pre-apprenticeship program is aligned 
                with and leverages resources of career and technical 
                education programs, programs and services authorized 
                under the Workforce Innovation and Opportunity Act (29 
                U.S.C. 3101 et seq.), or activities of entities that 
                provide supportive services for participants in pre-
                apprenticeship programs; and
                    (E) that the project aligns with an established 
                registered apprenticeship program, including that the 
                model used for the program leads to the attainment of 
                skills and competencies necessary for entrance into the 
                registered apprenticeship program for participants.
    (f) Use of Funds.--
            (1) In general.--An eligible entity that receives a grant 
        under subsection (a) shall use the grant funds to carry out a 
        project that implements a pre-apprenticeship program, including 
        the activities described in paragraphs (2) and (3).
            (2) Required activities.--The eligible entity shall use 
        such grant funds--
                    (A) to pay for the cost of training or education 
                associated with a pre-apprenticeship program for 
                individuals from an underrepresented population;
                    (B) for curriculum development that align with the 
                requirements of the appropriate registered 
                apprenticeship programs and learning assessments;
                    (C) to maintain a connection between the pre-
                apprenticeship program and registered apprenticeship 
                program;
                    (D) for assessments of potential participants for, 
                and enrollment of the participants in, the pre-
                apprenticeship program; and
                    (E) to conduct evaluations described in subsection 
                (h)(2).
            (3) Allowable activities.--The eligible entity may use such 
        grant funds for--
                    (A) stipends for participants during work-based 
                training in the program; and
                    (B) coordination of activities under this 
                subsection with activities carried out under the Carl 
                D. Perkins Career and Technical Education Act of 2006 
                (20 U.S.C. 2301 et seq.) or the Workforce Innovation 
                and Opportunity Act (29 U.S.C. 3101 et seq.).
    (g) Federal Share.--
            (1) In general.--The Federal share of the cost described in 
        subsection (a) shall be 75 percent of the total cost of the 
        projects described in such subsection carried out by an 
        eligible entity.
            (2) Non-federal share.--The eligible entity may contribute 
        the non-Federal share of such cost in cash or in-kind, fairly 
        evaluated, including plant, equipment, or services.
    (h) Performance.--
            (1) Measures.--The Secretary shall identify a set of common 
        measures that, at a minimum, include measures of entry into a 
        registered apprenticeship program and that are aligned, as 
        appropriate, with performance accountability measures described 
        in section 116(c) of the Workforce Innovation and Opportunity 
        Act (29 U.S.C. 3141(c)) for the local workforce development 
        area and with corresponding measures under the Carl D. Perkins 
        Career and Technical Education Act of 2006 (20 U.S.C. 2301 et 
        seq.).
            (2) Evaluations.--Each eligible entity that receives a 
        grant to carry out a project under subsection (a) shall arrange 
        for another qualified entity to conduct an evaluation, or shall 
        participate in an evaluation sponsored by the Secretary, of the 
        project using the identified common measures, and shall, to the 
        extent practicable, cooperate with the evaluator in any 
        evaluations of activities carried out under paragraph.
            (3) Extensions.--The Secretary shall use the results of an 
        evaluation for a project under paragraph (2) to determine 
        whether to extend the grant period, or renew a grant, for the 
        project under subsection (b).
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000 for fiscal year 2024 
and each subsequent fiscal year.
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