[Congressional Record Volume 166, Number 198 (Friday, November 20, 2020)]
[House]
[Pages H5993-H6007]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL APPRENTICESHIP ACT OF 2020
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of the bill (H.R. 8294) to amend the National
Apprenticeship Act and expand the national apprenticeship system to
include apprenticeships, youth apprenticeships, and pre-apprenticeship
registered under such Act, to promote the furtherance of labor
standards necessary to safeguard the welfare of apprentices, and for
other purposes, will now resume.
The Clerk read the title of the bill.
Amendment No. 9 Offered by Mr. Levin of Michigan
The SPEAKER pro tempore. It is now in order to consider amendment No.
9 printed in part B of House Report 116-593.
Mr. LEVIN of Michigan. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 123, line 14, insert ``, and partner with a labor or
joint labor-management organization'' after ``partnership''.
The SPEAKER pro tempore. Pursuant to House Resolution 1224, the
gentleman from Michigan (Mr. Levin) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. LEVIN of Michigan. Mr. Speaker, first, let me thank Chairman
Scott for his leadership and for bringing this exceptional
reauthorization to the floor today.
Before I begin speaking about this amendment, I would like to
acknowledge the important role that labor unions have played in
building the national apprenticeship system.
Mr. Speaker, I include in the Record a letter from the AFL-CIO in
support of H.R. 8294.
AFL-CIO,
Washington, DC, November 19, 2020.
Dear Representative: The AFL-CIO urges you to support the
National Apprenticeship Act of 2020 (H.R. 8294), scheduled
for floor consideration later this week. R.R. 8294 recognizes
that Registered Apprenticeship programs are the `gold
standard' in our nation's workforce development system, and
we welcome this effort to modernize a law that has not been
meaningfully updated since it was enacted 83 years ago.
Unions and our signatory employers have a long history of
establishing joint labor-management partnerships to design
and implement Registered Apprenticeship programs, so we have
a deep interest in maintaining and strengthening our nation's
Registered Apprenticeship system. These programs provide good
jobs with good wages and benefits that increase as
apprentices build their skills. They provide a valuable
credential that can help secure future employment and
advancement along a rewarding career path, and the
opportunities they provide are particularly important for
women, people of color and veterans.
H.R. 8294 authorizes significant new funding to expand
registered apprenticeships, preapprenticeships, and youth
apprenticeships in the United States. It would codify and
streamline existing standards that are vital to support
apprentices, and would, for the first time, include youth
apprenticeship and pre-apprenticeship programs. The House
Education and Labor Committee estimates that H.R. 8294 will
create over 1 million Registered Apprenticeship opportunities
over the next 5 years.
H.R. 8294 would also codify the role of the Office of
Apprenticeship at the Department of Labor, and provide
funding streams to ensure oversight and technical assistance.
Importantly, it would expand Registered Apprenticeship
opportunities into new sectors of the workforce. The bill
also establishes standards for state apprenticeship agencies,
including a requirement that they develop a state plan to
support Registered Apprenticeships and provide technical
assistance. Finally, the bill strengthens the National
Advisory Committee on Apprenticeship, ensuring that experts
from industry and labor have a role in improving the program.
Registered Apprenticeships are America's most successful
federally authorized workforce development program, employing
94 percent of those who complete a program. H.R. 8294 will
help ensure that these programs meet the highest possible
quality standards and support family sustaining jobs.
We urge you to support H.R. 8294 including Representative
Levin's amendment, which encourages partnerships with labor
and labor-management organizations in Title II grant
programs, not as a requirement, but to the extent
practicable, and to oppose any amendments that would weaken
the bill approved for consideration by the full House.
Sincerely,
William Samuel,
Director, Government Affairs.
Mr. LEVIN of Michigan. Mr. Speaker, I wish to emphasize the
importance of apprenticeship standards that safeguard apprentices'
welfare with unions who have helped negotiate and protect them for
many, many years.
These standards are critically important to the success of the
national apprenticeship system, which is why I introduced the
Strengthening Training and Accessibility for New and Diverse
Apprenticeships through Relevant and Dependable Standards Act, or the
STANDARDS Act for short.
I am pleased that the National Apprenticeship Act of 2020
incorporates my bill, which protects the rights of workers who
participate in apprenticeships.
The language of this amendment is perfectly clear. It says that grant
applicants should partner with an industry or sector partnership and a
labor or joint labor-management organization to the extent practicable.
Yet, interests hostile to unions are once again using scare tactics
to claim, falsely, that my amendment will prevent industry
organizations from securing apprenticeship grants under the legislation
unless in all cases they partner with unions, even when there are no
unions in the geographic area or part of an industry partnership.
This is not what the amendment says.
Opponents of this amendment are bending the truth for ideological
reasons. They know, and a plain reading of the text makes crystal
clear, that this amendment does not mandate that every applicant
partner with a union to access grant funding, full stop. It is asking
them to make reasonable efforts to include unions in the sectors and
areas where they are carrying out an apprenticeship program, again, to
the extent practicable.
The National Apprenticeship Act of 2020 includes the PARTNERS Act,
led
[[Page H5994]]
by Representatives Suzanne Bonamici, Drew Ferguson, Susan Davis, and
Brett Guthrie. That bipartisan legislation--again, included in this
act--is built around industry or sector partnerships, which include
unions.
Despite this, opponents are zeroing in on this amendment, saying it
discriminates against apprenticeship programs that don't have union
partnerships.
Trade associations are arguing the term ``to the extent practicable''
is legally ambiguous or could be interpreted incorrectly by the
incoming Biden administration.
Let's set the record straight. The term ``practicable'' has been used
in major legislation for decades. It is in the bipartisan Workforce
Innovation and Opportunity Act, or WIOA, which was introduced by the
ranking Republican on the Education and Labor subcommittee that has
jurisdiction over it. It is used 10 separate times in the bill we are
considering. We all know what it means.
The attack on this amendment isn't about the requirements for a grant
program. It is about the inclusion of the word ``labor'' in a bill to
be carried out by the U.S. Department of Labor.
Anyone who reads this amendment can see clearly what it does and that
this fearmongering is about a problem that simply does not exist.
Mr. Speaker, I urge my colleagues to vote for this amendment, and I
reserve the balance of my time.
Ms. FOXX of North Carolina. Mr. Speaker, I rise in opposition to the
amendment because I am opposed to the amendment.
The SPEAKER pro tempore. The gentlewoman from North Carolina is
recognized for 5 minutes.
Ms. FOXX of North Carolina. Mr. Speaker, frankly, the amendment
offered by Representative Levin is a perfect distillation of the
problems with the underlying legislation.
The amendment limits the grant program in the bill so that only
entities partnering with unions would be eligible to receive funding,
notwithstanding what he has said.
My colleagues across the aisle may claim that this is not the case
because they require union partnership only ``to the extent
practicable.'' However, ``to the extent practicable'' is in the eye of
the beholder. We have checked with CRS, and CRS has said it is
purposefully ambiguous.
Whatever their intent, this is not how this provision would be
implemented. Even if the ``as practicable'' is implemented as not being
a requirement, it is certainly suggesting Congress has a strong
preference for unions and organizations partnering with them to receive
grant funds.
This would block countless potential participants from accessing
these funds and would further cement the program in the way it has been
since the 1930s.
Unfortunately, Democrats are doubling down on the problems with their
program and once again are choosing to provide benefits to politically
favored unions rather than addressing the underlying problems.
If we want to reach 1 million apprenticeships in this country, I fail
to see how limiting access by creating earmarks and kickbacks will
achieve that goal.
The majority has said over and over again that this bill would create
1 million new apprenticeships. That isn't true without this amendment,
and it will be even less accurate if this amendment is adopted.
It isn't true because they misunderstand the reason that growth in
the registered apprenticeship program has been limited in the past.
Businesses choose not to participate in registered apprenticeships
because the government already makes it too complicated. Despite my
colleagues' hopes, simply authorizing more money cannot solve that
issue.
A number of groups have recognized the problems inherent with this
amendment and have spoken in opposition, including the Chamber of
Commerce, Associated Builders and Contractors, Associated General
Contractors of America, and Independent Electrical Contractors. They
understand that reaching 1 million apprenticeships is not going to
happen by turning the grant program in the underlying bill into a union
slush fund.
Mr. Speaker, I strongly urge my colleagues to vote against this
amendment, and I reserve the balance of my time.
Mr. LEVIN of Michigan. Mr. Speaker, this week, we learned that one of
the biggest offshore wind developers in the world entered into an
agreement with North America's Building Trades Unions of this country
to develop apprenticeships and training programs for all the offshore
wind development that they are going to undertake in the oceans off of
our East Coast, creating thousands of new jobs and fantastic
opportunities for our young workers to learn the latest technology and
the energy production of the future.
It is such a great example of how apprenticeships and partnerships
between unions and companies, the biggest companies in the world with
the latest technology, and the whole way the economy is moving, is an
important part of our future.
This amendment facilitates those efforts. This bill will help our
workforce zoom into the future, earning while they learn and securing
jobs that, on average, start at $70,000 or more.
Mr. Speaker, with great enthusiasm, I hope everyone votes for this
amendment.
I yield back the balance of my time.
Ms. FOXX of North Carolina. Mr. Speaker, you know what is so sad to
me is that I am out every week in my district talking to job creators
and businesses who are desperate for workers and who want to create
apprenticeship programs but will not go through the onerous process of
the registered apprenticeship program.
Yet, these are the people who are paying the taxes, and hardworking
Americans in those jobs are paying the taxes. What the Democrats want
to do is to transfer hardworking taxpayer dollars over to their friends
in the unions, keeping them solvent.
We know union membership is down. This is a way to boost their
membership, by forcing business and industry to go into the registered
apprenticeship program.
This is wrong. They are not representing hardworking Americans who
want to develop skills for the in-demand jobs. This is the wrong way
for our country to be going.
We need to support all types of business and industry that wants to
help people gain the skills that they need for the in-demand jobs.
This amendment is wrong. This bill is wrong. We should vote against
the amendment, and we should vote against the bill.
Mr. Speaker, I yield back the balance of my time.
Mr. LEVIN of Michigan. Mr. Speaker, I would inquire if I have time
remaining or has my time expired.
The SPEAKER pro tempore. The time of the gentleman from Michigan has
expired.
The SPEAKER pro tempore. Pursuant to House Resolution 1224, the
previous question is ordered on the amendment offered by the gentleman
from Michigan (Mr. Levin).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Ms. FOXX of North Carolina. Mr. Speaker, on that I demand the yeas
and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
{time} 0930
Amendment No. 15 Offered by Mr. Smucker
The SPEAKER pro tempore. It is now in order to consider amendment No.
15 printed in part B of House Report 116-593.
Mr. SMUCKER. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike sections 3 and 4, and insert the following:
SEC. 3. RULES AND REGULATIONS.
In accordance with chapter 5 of title 5, United States
Code, the Secretary of Labor may prescribe rules and
regulations to carry out this Act.
SEC. 4. AMENDMENT.
The Act of August 16, 1937 (commonly referred to as the
``National Apprenticeship Act''; 50 Stat. 664, chapter 663;
29 U.S.C. 50 et seq.) is amended to read as follows:
``SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `National
Apprenticeship Act'.
[[Page H5995]]
``(b) Table of Contents.--The table of contents for this
Act is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purposes.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Disaggregation of data.
``TITLE I--PROMOTING APPRENTICESHIPS
``Subtitle A--The Office of Apprenticeship, State Registration Agency
Approval Process
``Sec. 111. The Office of Apprenticeship.
``Sec. 112. State apprenticeship agencies and State offices of
Apprenticeship.
``Subtitle B--Process and Standards for the National Apprenticeship
System
``Sec. 121. Process and Standards.
``Subtitle C--Evaluations and Research
``Sec. 131. Program evaluations and research.
``Subtitle D--General Provisions
``Sec. 141. Authorization of appropriations.
``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST
CENTURY GRANTS
``Sec. 201. Grant requirements.
``Sec. 202. Grant appropriations.
``SEC. 2. PURPOSES.
``(a) Authority.--The purposes of this Act are to authorize
and direct the Secretary of Labor to--
``(1) formulate and promote the furtherance of labor
standards necessary to safeguard the welfare of apprentices;
``(2) extend the application of such standards by
encouraging the inclusion thereof in contracts of
apprenticeship (in this Act referred to as `apprenticeship
agreements');
``(3) bring together employers and labor for the
formulation of programs of apprenticeship;
``(4) cooperate with State agencies engaged in the
formulation and promotion of standards of apprenticeship; and
``(5) cooperate with the Secretary of Education.
``(b) Additional Programs.--In carrying out the authority
provided in subsection (a), the Secretary--
``(1) shall establish and administer the program under
title I; and
``(2) may establish and administer additional programs of
work-based learning as the Secretary determines appropriate,
which may include activities to respond to the COVID-19
public health emergency.
``SEC. 3. DEFINITIONS.
``In titles I and II:
``(1) Apprentice.--The term `apprentice' means a program
participant in an apprenticeship program.
``(2) Apprenticeship agreement.--The term `apprenticeship
agreement' means a written agreement under 121 between--
``(A) an apprentice; and
``(B) a sponsor.
``(3) Apprenticeship hub.--The term `apprenticeship hub'
means a regional or sectoral qualified intermediary
recognized by a State apprenticeship agency or a State Office
of Apprenticeship as organizing and providing activities and
services related to the development of programs under the
national apprenticeship system.
``(4) Apprenticeable occupation.--The term `apprenticeable
occupation' means an occupation that the Secretary has
determined meets the requirements of section 121.
``(5) Apprenticeship program.--The term `apprenticeship
program' means a program that meets the standards described
in section 121 and is registered under title I.
``(6) Competency.--The term `competency' means the
attainment of knowledge, skills, and abilities in a subject
area.
``(7) Department.--The term `Department' means the
Department of Labor.
``(8) Education and training provider.--The term `education
and training provider' means--
``(A) an area career and technical education school;
``(B) an early college high school;
``(C) an educational service agency;
``(D) a high school;
``(E) a local educational agency or State educational
agency;
``(F) an Indian Tribe, Tribal organization, or Tribal
educational agency;
``(G) an institution of higher education;
``(H) a minority-serving institution (as described in any
of paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)));
``(I) a provider of adult education and literacy activities
under the Adult Education and Family Literacy Act (29 U.S.C.
3271 et seq.);
``(J) a local agency administering plans under title I of
the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other
than section 112 or part C of that title (29 U.S.C. 732,
741);
``(K) a related instruction provider, as approved by a
registration agency; or
``(L) a consortium of entities described in any of
subparagraphs (A) through (K).
``(9) Indian tribe; tribal organization.--The terms `Indian
Tribe' and `Tribal organization' have the meaning given the
terms (without regard to capitalization) in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).
``(10) Interim credential.--"The term `interim credential'
means a recognized post-secondary credential issued to an
apprentice as certification of attainment of a competency
necessary to receive a certificate of completion of an
apprenticeship.
``(11) Journeyworker.--The term `journeyworker' means a
worker who has attained a level of skill, abilities, and
competencies recognized within an industry as having mastered
the skills and competencies required for the occupation.
``(12) National apprenticeship system.--The term `national
apprenticeship system' means the apprenticeship programs,
youth apprenticeship programs, and pre-apprenticeship
programs that meet the requirements of title I.
``(13) Under-represented apprenticeship population.--The
term `under-represented apprenticeship population' means a
group of individuals (such as a group of individuals from the
same gender or race) the members of which comprise fewer than
25 percent of the individuals participating in a program
under the national apprenticeship system.
``(14) Nontraditional apprenticeship industry or
occupation.--The term `nontraditional apprenticeship industry
or occupation' refers to an industry sector or occupation for
which there are fewer than 10 percent of all apprentices in
all industries or occupations participating.
``(15) Program participant.--The term `program participant'
means an apprentice, a pre-apprentice, or a youth apprentice.
``(16) Qualified intermediary.--
``(A) In general.--The term `qualified intermediary' means
an entity that demonstrates expertise in building,
connecting, sustaining, and measuring the performance of
partnerships described in subparagraph (B) and serves program
participants and employers by--
``(i) connecting employers to programs under the national
apprenticeship system;
``(ii) assisting in the design and implementation of such
programs, including curriculum development and delivery for
related instruction;
``(iii) supporting entities, sponsors, or program
administrators in meeting the registration and reporting
requirements of this Act;
``(iv) providing professional development activities;
``(v) connecting students or workers to programs under the
national apprenticeship system;
``(vi) developing and providing personalized program
participant supports, including by partnering with
organizations to provide access to or referrals for
supportive services and financial advising;
``(vii) providing services, resources, and supports for
development, delivery, expansion, or improvement of programs
under the national apprenticeship system; or
``(viii) serving as a program sponsor.
``(B) Partnerships.--The partnerships described in
subparagraph (A) means partnerships among entities involved
in programs under the national apprenticeship system,
including--
``(i) industry or sector partnerships;
``(ii) partnerships among employers, joint labor-management
organizations, labor organizations, community-based
organizations, State or local workforce development boards,
education and training providers, social service
organizations, economic development organizations, Indian
Tribes or Tribal organizations, or one-stop operators, or
one-stop partners, in the State workforce development system;
or
``(iii) partnerships among one or more of the entities
described in clauses (i) and (ii).
``(17) Registration agency.--The term `registration agency'
means the Office of Apprenticeship, a State Office of
Apprenticeship or State apprenticeship agency that is
responsible for--
``(A) approving or denying applications from sponsors for
registration of programs under the national apprenticeship
system in the State or area covered by the registration
agency; and
``(B) carrying out the responsibilities of supporting the
youth apprenticeship, pre-apprenticeship, or apprenticeship
programs registered by the registration agency, in accordance
with section 121.
``(18) Related instruction.--The term `related instruction'
means an organized and systematic form of instruction that
meets the requirements of section 121.
``(19) Related federal programs.--The term `related Federal
programs' means programs or activities under the following:
``(A) The Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
``(B) The Wagner-Peyser Act (29 U.S.C. 49 et seq.).
``(C) The Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.).
``(D) The Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
``(E) The Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
``(F) Title I of the Rehabilitation Act of 1973 (29 U.S.C.
720 et seq.).
``(G) Title V of the Older Americans Act of 1965 (42 U.S.C.
3056 et seq.).
``(H) Career and technical education programs at the
postsecondary level under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
``(I) Chapter 2 of title II of the Trade Act of 1974 (19
U.S.C. 2271 et seq.).
``(J) Chapter 41 of title 38, United States Code.
``(K) Employment and training activities carried out under
the Community Services Block Grant Act (42 U.S.C. 9901 et
seq.).
``(L) Employment and training activities carried out by the
Department of Housing and Urban Development.
[[Page H5996]]
``(M) State unemployment compensation laws (in accordance
with applicable Federal law).
``(N) Section 231 of the Second Chance Act of 2007 (34
U.S.C. 60541).
``(O) Part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.).
``(P) Employment and training programs carried out by the
Small Business Administration.
``(Q) Section 6(d)(4) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(d)(4)).
``(20) Secretary.--The term `Secretary' means the Secretary
of Labor.
``(21) Sponsor.--The term `sponsor' means an employer,
joint labor-management organization, trade association,
professional association, labor organization, education and
training provider, or qualified intermediary that is applying
to administer and operate, a program under the national
apprenticeship system.
``(22) State apprenticeship agency.--The term `State
apprenticeship agency' means a State agency recognized as a
State apprenticeship agency under section 112.
``(23) State apprenticeship council.--The term `State
apprenticeship council' means an entity established under
section 113(b)(3) to assist the State apprenticeship agency.
``(24) State office of apprenticeship.--The term `State
office of apprenticeship' means the office designated by the
Secretary to administer programs under the national
apprenticeship system in such State and meets the
requirements of section 111(b)(4).
``(25) State or local workforce development boards.--The
terms `State workforce development board' and `local
workforce development board' have the meanings given the
terms `State board' and `local board', respectively, in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
``(26) State workforce agency.--The terms `State workforce
agency' means the State agency with responsibility for
workforce investment activities under chapters 2 and 3 of
subtitle B of title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3121 et seq., 3131 et seq.).
``(27) CTE terms.--The terms `area career and technical
education school', `articulation agreement', `credit transfer
agreement', `postsecondary educational institution', and
`work-based learning' have the meanings given in section 3 of
the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302).
``(28) ESEA terms.--The terms `dual or concurrent
enrollment program', `early college high school', `education
service agency', `high school', `local educational agency',
`paraprofessional', and `State educational agency' have the
meanings given in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
``(29) WIOA terms.--The terms `career pathway', `in-demand
industry sector or occupation', `individual with a barrier to
employment', `institution of higher education', `industry or
sector partnership', `labor market area', `local area',
`recognized postsecondary credential', `one-stop center',
`one-stop operator', `one-stop partner', `State', `supportive
services' and `workforce development system' have the
meanings given in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``SEC. 4. TRANSITION PROVISIONS.
``The Secretary shall take such actions as the Secretary
determines to be appropriate to provide for the orderly
transition to the authority of this Act (as amended by the
National Apprenticeship Act of 2020) from any authority under
the Act of August 16, 1937 (commonly referred to as the
`National Apprenticeship Act'; 50 Stat. 664, chapter 663; 29
U.S.C. 50 et seq.), as in effect on the day before the date
of enactment of the National Apprenticeship Act of 2020. In
accordance with chapter 5 of title 5, United States Code, the
Secretary may prescribe rules and regulations to carry out
this Act.
``SEC. 5. DISAGGREGATION OF DATA.
``The disaggregation of data under this Act shall not be
required when the number of program participants in a
category is insufficient to yield statistically reliable
information or when the results would reveal personally
identifiable information about a program participant or would
reveal such information when combined with other released
information.
``TITLE I--PROMOTING APPRENTICESHIPS
``Subtitle A--The Office of Apprenticeship, State Registration Agency
Approval Process
``SEC. 111. THE OFFICE OF APPRENTICESHIP.
``(a) Responsibilities.--The Secretary shall be responsible
for the administration of this Act and such functions
affecting the national apprenticeship system as the Secretary
shall delegate, which shall include the following:
``(1) Apprenticeship development and expansion.--The
Secretary is authorized to carry out promotion and awareness
activities, including the following:
``(A) Supporting the development or scaling of
apprenticeship models nationally, promoting the effectiveness
of youth apprenticeship, pre-apprenticeship, and
apprenticeship programs, and providing promotional materials
to, among others, State apprenticeship agencies, State and
local workforce development systems, State educational
agencies, employers, trade associations, professional
associations, industry groups, labor organizations, joint
labor-management organizations, education and training
providers, and prospective apprentices in such programs.
``(B) Promoting greater diversity in the national
apprenticeship system in underrepresented apprenticeship
populations, and nontraditional apprenticeship industries and
occupations, including by--
``(i) promoting outreach to underrepresented apprenticeship
populations;
``(ii) engaging minority-serving institutions, and
employers from nontraditional apprenticeship industries or
occupations; and
``(iii) engaging small, medium-size, and minority
businesses, and employers in high-skill, high-wage, and in-
demand industry sectors and occupations that are
nontraditional apprenticeship industries or occupations.
``(2) Technical assistance activities.--The Secretary
shall--
``(A) provide technical assistance and disseminate best
practices as applicable to employers, sponsors, State
apprenticeship agencies, qualified intermediaries, education
and training or related instruction providers, or other
entities; and
``(B) cooperate with the--
``(i) Secretary of Education on establishing and sharing
best practices for the alignment of apprenticeship programs
with the education system, including supporting the
stackability and portability of academic credit and
credentials earned as part of such programs; and
``(ii) State workforce development systems to promote
awareness of opportunities under the national apprenticeship
system.
``(3) State offices of apprenticeship.--
``(A) Establishment of offices.--
``(i) In general.--The Secretary, at the request of a State
described in clause (ii), shall establish and operate State
Offices of Apprenticeship to serve as the registration agency
for a State described in clause (ii).
``(ii) Applicable states.--An applicable State is a State--
``(I) in which, as of the day before the date of enactment
of the National Apprenticeship Act of 2020, the Secretary has
not--
``(aa) established a State Office of Apprenticeship; and
``(bb) is not recognized a State apprenticeship agency
under section 112; and
``(II) submits the request described in clause (i).
``(B) Vacancies.--Subject to the availability of
appropriations, in the case of a State Office of
Apprenticeship with a vacant position, the Secretary shall--
``(i) make publicly available information on such vacancy;
and
``(ii) report to the Committee on Education and Labor of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate, on the status
and length of such vacancy if such vacancy is not filled not
later than 90 days after such position has become vacant.
``(C) Rule of construction.--Nothing in this paragraph
shall be construed to prohibit any State described in
subparagraph (A)(ii) from establishing an agency or entity to
promote programs under the national apprenticeship system in
such State, in coordination with the State Office of
Apprenticeship operating in the State, however, such agency
or entity may not serve as the registration agency in such
State unless it obtains recognition pursuant to section 112.
``(4) Quality standards, apprenticeship agreement, and
registration review.--In order for the Secretary to support
the performance standards of programs under the national
apprenticeship system and to extend the application of such
standards in apprenticeship agreements, not later than 1 year
after the effective date of the National Apprenticeship Act
of 2020, and not less than every 5 years thereafter, the
Secretary shall review, and where appropriate, update the
process for meeting the requirements of subtitle B, including
applicable regulations and subregulatory guidance to ensure
that such process is easily accessible and efficient to bring
together employers and labor as sponsors or potential
sponsors of programs under the national apprenticeship
system.
``(5) Apprenticeable occupations.--
``(A) Proactively approved occupations.--Not later than 1
year after the date of enactment of the National
Apprenticeship Act of 2020, the Secretary shall develop
regulations outlining a process for proactively establishing
and approving standards for apprenticeable occupations in
consultation with industry.
``(B) Existing apprenticeable occupations.--In consultation
with employers, the Secretary shall regularly review and
update the requirements for each apprenticeable occupation to
ensure that such requirements are in compliance with
requirements under this Act, meet the needs of employers in
such occupation, and promote the participation of small
businesses.
``(C) New apprenticeable occupation.--
``(i) In general.--The Secretary shall review and make a
determination on whether to approve an occupation as an
apprenticeable occupation not later than 45 days after
receiving an application from a person or current or
prospective program sponsor seeking such approval from the
Secretary.
``(ii) Estimated timeline.--If such determination is not
made within 45 days, the Secretary shall provide the
applicant with a written explanation for the delay and offer
an estimated timeline for a determination.
``(D) Industry recognized occupational standards.--
[[Page H5997]]
``(i) In general.--From the funds appropriated under
section 141(a), the Secretary shall convene, on an ongoing
basis, the industry sector leaders and experts described in
clause (ii) for the purposes of establishing or updating
specific frameworks of industry recognized occupational
standards for apprenticeable occupations (including potential
apprenticeable occupations) that--
``(I) meet the requirements of this Act; and
``(II) describe program scope and length, related
instruction, on-the-job training, recognized postsecondary
credentials, and competencies, and relevant timelines for
review of such frameworks.
``(ii) Industry sector leaders and experts.--The sector
leaders and experts are employers, industry associations,
joint labor-management organizations, labor organizations,
education and training providers, credential providers,
program participants, and other stakeholders relevant to the
sector or occupation for which the frameworks are being
established or updated, as determined by the Secretary.
``(iii) Priority industry recognized apprenticeable
occupations.--In establishing frameworks under clause (i) for
the first time after the effective date of the National
Apprenticeship Act of 2020, the Secretary shall prioritize
the establishment of such standards in high-skill, high-wage,
or in-demand industry sectors and occupations.
``(6) Program oversight and evaluation.--The Secretary
shall monitor State apprenticeship agencies and State Offices
of Apprenticeship.
``(7) Promoting diversity in the national apprenticeship
system.--The Secretary shall promote diversity and ensure
equal opportunity to participate in programs for apprentices,
youth apprentices, and pre-apprentices, including--
``(A) taking steps necessary to promote diversity in
apprenticeable occupations under the national apprenticeship
system, especially in high-skill, high-wage, or in-demand
industry sectors and occupations in areas with high
percentages of low-income individuals; and
``(B) ensuring programs under the national apprenticeship
system adopt and implement policies to provide for equal
opportunity to participate in programs under the national
apprenticeship system and do not engage in discrimination as
prohibited by section 30.3(a) of title 29, Code of Federal
Regulations (as in effect on the day before the date of
enactment of the National Apprenticeship Act of 2020), or
engage in intimidation or retaliation as prohibited by
section 30.17 of title 29, Code of Federal Regulations (as in
effect on the day before the date of enactment of the
National Apprenticeship Act of 2020).
``(8) Grants awards.--The Secretary shall award grants
under title II.
``(9) Coordination.--The Secretary shall coordinate and
align programs under the national apprenticeship system with
related Federal programs.
``(b) Information Collection and Dissemination.--The
Secretary shall provide for data collection and dissemination
of information regarding programs under the national
apprenticeship system, including--
``(1) establishing and supporting a single information
technology infrastructure to support data collection and
reporting from State apprenticeship agencies, State Offices
of Apprenticeship, grantees under title II, program sponsors,
and program administrators under the national apprenticeship
system by providing for a data infrastructure that--
``(A) is developed and maintained by the Secretary, with
input from national data and privacy experts, and is informed
by best practices related to credential transparency; and
``(B) best meets the needs of the national apprenticeship
system stakeholders reporting data to the Secretary or State
apprenticeship agencies; and
``(2) making nonpersonally identifiable apprenticeship data
publicly available, searchable, and comparable so that
interested parties can become aware of apprenticeship
opportunities and of program outcomes that best meets the
needs of youth apprentices, pre-apprentices, and apprentices,
employers, education and training providers, program
sponsors, and relevant stakeholders, including--
``(A) information on program offerings under the national
apprenticeship system based on geographical location and
apprenticeable occupation;
``(B) information on education and training providers
providing opportunities under such system, including whether
programs under such system offer dual or concurrent
enrollment programs and articulation agreements;
``(C) information about the educational and occupational
credentials and related competencies of programs under such
system; and
``(D) using the most recent data available to the Office
that is consistent with national standards and practices.
``SEC. 112. STATE APPRENTICESHIP AGENCIES AND STATE OFFICES
OF APPRENTICESHIP.
``(a) Recognition of State Apprenticeship Agencies.--
``(1) In general.--The Secretary shall recognize a State
agency as a State apprenticeship agency in accordance with
this section and cooperate with such State apprenticeship
agency regarding the formulation and promotion of standards
of apprenticeship under subtitle B.
``(2) Application.--For a State desiring to have a State
agency recognized as a State apprenticeship agency under this
section, the Governor shall submit the State plan described
in subsection (c)--
``(A) to the Secretary at such time and in such manner as
the Secretary may require; or
``(B) to the State workforce board for inclusion in the the
State plan under section 102 or 103 of the Workforce
Innovation and Opportunity Act (20 U.S.C. 3112, 3113).
``(3) Review and recognition.--
``(A) In general.--Not later than 90 days after the date on
which a State submits the State plan under paragraph (2), the
Secretary shall notify the State regarding whether the agency
of the State is recognized as a State apprenticeship agency
under this section.
``(B) Duration of recognition.--
``(i) Duration.--The recognition of a State apprenticeship
agency shall be for a 4-year period beginning on the date the
State apprenticeship agency is notified under subparagraph
(A).
``(ii) Notification.--
``(I) In general.--The Secretary shall notify a State
apprenticeship agency not later than 180 days before the last
day of the 4-year period regarding whether the State
apprenticeship agency is in compliance with this section.
``(II) Compliance.--In the case of a State apprenticeship
agency that is in compliance with this section, the agency's
recognition under this section shall be renewed for an
additional 4-year period and the notification under subclause
(I) shall include notification of such renewal.
``(III) Noncompliance.--In the case of a State
apprenticeship agency that is not in compliance with this
section, the notification shall--
``(aa) specify the areas of noncompliance;
``(bb) require corrective action; and
``(cc) offer technical assistance.
``(iii) Renewal after correction.--If the Secretary
determines that a State apprenticeship agency has corrected
the identified areas of noncompliance under this subparagraph
not later than 180 days of notification of noncompliance, the
State apprenticeship agency's recognition under this section
shall be renewed for an additional 4-year period.
``(C) Transition period for state agencies.--
``(i) Transition.--A State agency that, as of the day
before the date of enactment of the National Apprenticeship
Act of 2020, was recognized by the Secretary for purposes of
registering apprenticeship programs in accordance with the
Act of August 16, 1937 (50 Stat. 664, chapter 663; 29 U.S.C.
50 et seq.), shall continue to be recognized for 1 year after
the effective date of the National Apprenticeship Act of
2020.
``(ii) Application for recognition.--Not later than 1 year
after the effective date of the National Apprenticeship Act
of 2020, a State agency that, as of the day before the date
of enactment of the National Apprenticeship Act of 2020, was
recognized by the Secretary for purposes of registering
apprenticeship programs in accordance with the Act of August
16, 1937 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.),
shall submit an application under paragraph (2).
``(iii) Recognition period.--A State agency described in
clause (ii) shall be recognized as a State apprenticeship
agency under this section for a 4-year period beginning on
the date on which the Secretary approves the application
submitted by the State agency under paragraph (2).
``(b) Authority of a State Apprenticeship Agency.--
``(1) In general.--For the period during which a State
apprenticeship agency is recognized under subsection (a) and
to maintain such recognition, the State apprenticeship agency
shall carry out the requirements of this Act.
``(2) Program recognition.--With respect to a State with a
State apprenticeship agency, the State apprenticeship agency
shall have sole authority to recognize a pre-apprenticeship,
youth apprenticeship, or apprenticeship program in such
State, which shall include--
``(A) determining whether such program is in compliance
with the standards for such program under section 121;
``(B) in the case of such a program that is in compliance
with such standards, recognizing the program and providing a
certificate of recognition for such program;
``(C) providing technical assistance to current or
potential sponsors; and
``(D) in the case of such a program that fails to meet the
requirements of this Act, providing for the withdrawal of
recognition of the program in accordance with section 131(b).
``(3) State apprenticeship council.--
``(A) In general.--A State apprenticeship agency may
establish and use or continue the use of a State
apprenticeship council if the State apprenticeship council
operates, or will operate, under the direction of the State
apprenticeship agency, and in compliance with the
requirements of this Act. The State apprenticeship council
shall not have authority to register programs or otherwise
control or direct the operations of the State apprenticeship
agency.
``(B) Composition.--A State apprenticeship council may be
regulatory or advisory in nature, and shall--
``(i) be composed of persons familiar with apprenticeable
occupations; and
[[Page H5998]]
``(ii) be fairly balanced, with an equal number of--
``(I) representatives of employer organizations (including
from nontraditional apprenticeship industries or
occupations);
``(II) representatives of labor organizations or joint
labor-management organizations (including from nontraditional
apprenticeship industries or occupations); and
``(III) public members.
``(C) Special rule.--A State apprenticeship council shall
not be eligible for recognition as a State apprenticeship
agency.
``(c) State Plan.--
``(1) In general.--
``(A) In general.--For a state apprenticeship agency to be
eligible to receive allotments under subsection (f), the
State shall submit to the Secretary a State plan in
accordance with subsection (a)(2).
``(B) Subsequent plans.--
``(i) In general.--Except as otherwise provided in this
paragraph, a State plan shall be submitted to the Secretary
not later than 120 days prior to the end of the 4-year period
covered by the preceding State plan.
``(ii) Approval.--A State plan shall be subject to the
approval of the Secretary and shall be considered to be
approved at the end of the 90-day period beginning on the
date that the plan is submitted under this paragraph, unless
the Secretary, during the 90-day period, provides the State
apprenticeship agency, in writing--
``(I) an explanation for why the State plan is inconsistent
with the requirements of this Act; and
``(II) an opportunity for an appeal of such determination.
``(C) Modifications.--
``(i) In general.--At the end of the first 2-year period of
any 4-year State plan, the State may submit modifications to
the State plan to reflect changes in labor market and
economic conditions or other factors affecting the
implementation of the State plan.
``(ii) Approval.--A modified State plan submitted for
review under clause (i) shall be subject to the approval
requirements described in subparagraph (B)(ii).
``(2) State laws.--The State plan shall include--
``(A) a description of any laws (including regulations),
policies, and operational procedures relating to the process
of recognizing programs under the national apprenticeship
system that are inconsistent with, or impose requirements in
addition to, the requirements of this Act; and
``(B) an assurance that the State will notify the Secretary
if there are any changes to the State laws (including
regulations), policies, or procedures described in
subparagraph (A) that occur after the date of submission of
such plan.
``(3) Technical assistance.--A description of how the State
apprenticeship agency will provide technical assistance for--
``(A) potential sponsors, employers, qualified
intermediaries, apprentices, or any potential program
participant in the national apprenticeship system in the
State for the purposes of recruitment, retention, and program
development or expansion; and
``(B) sponsors of programs registered in the State that are
not meeting performance goals under subtitle C for purposes
of assisting such sponsors in meeting such goals.
``(4) Reciprocity.--An assurance that the State
apprenticeship agency, in the case of a program recognized by
a registration agency in another State and seeking
registration in the State of such agency under this
paragraph, shall recognize such program in the State of such
agency for purposes of this Act by not later than 30 days
after receipt of an application for such recognition.
``(5) Promoting diversity in the national apprenticeship
system.--A description of how the State apprenticeship agency
will promote diversity and equal employment opportunity in
programs under the national apprenticeship system in the
State that--
``(A) promotes diversity in apprenticeable occupations
offered throughout the State, and a description of how such
agency will promote the addition of apprenticeable
occupations in high-skill, high-wage, or in-demand industry
sectors and occupations, and in nontraditional apprenticeship
occupations and sectors; and
``(B) provides technical assistance on the implementation
of the requirements of section 111(b)(7)(B).
``(6) Complaints.--A description of the system for the
State apprenticeship agency to receive and resolve complaints
concerning violations of the apprenticeship agreement,
submitted by program participants, sponsors, or employers.
``(7) State apprenticeship hubs.--A description of how the
State apprenticeship agency will consider the creation and
implementation of apprenticeship hubs throughout the State,
in a manner that takes into consideration geographic
diversity, that shall work with industry and sector
partnerships to expand programs under the national
apprenticeship system, and apprenticeable occupations, in the
State.
``(8) State apprenticeship performance outcomes.--A
description of how the State apprenticeship agency shall--
``(A) in coordination with the Secretary, establish annual
performance goals for the programs registered by the State
apprenticeship agency for the indicators described in section
131(b)(1)(A);
``(B) describe how the State apprenticeship agency will
collect performance data from programs registered by the
agency; and
``(C) annually report on the outcomes of each such program
in relation to the State established goals under subparagraph
(A).
``(10) Alignment of workforce activities.--Each State plan
shall describe how programs under the national apprenticeship
system in the State are aligned with State workforce and
education activities.
``(11) State apprenticeship council.--A description of the
composition, roles, and responsibility of the State
apprenticeship council, if such council exists, and how the
Council will comply with the requirements of subsection
(b)(3).
``(d) State Apprenticeship Agency Funding.--A State
apprenticeship agency shall use funds received under
subsection (f)(1)(A)(ii) according to the following
requirements:
``(1) Program administration.--The State apprenticeship
agency shall use such funds to support the administration of
programs under the national apprenticeship system across the
State, including for--
``(A) staff and resources;
``(B) oversight and evaluation as required under this Act;
``(C) technical assistance to program sponsors, program
participants, employers, education and training providers,
and qualified intermediaries;
``(D) pre-apprenticeship, youth, and apprenticeship program
recruitment and development, including for--
``(i) engaging potential providers of such programs such as
employers, qualified intermediaries, related instruction
providers, and potential program participants;
``(ii) publicizing apprenticeship opportunities and
benefits; and
``(iii) engaging State workforce and education systems for
collaboration and alignment across systems; and
``(E) supporting the enrollment and apprenticeship
certification requirements to allow veterans and other
individuals eligible for the educational assistance programs
under chapters 30 through 36 of title 38, United States Code,
and any related educational assistance programs under laws
administered by the Secretary of Veterans Affairs, to use
such assistance for the apprenticeship program, including the
requirement of designating a certifying official.
``(2) Leadership activities.--
``(A) In general.--A State apprenticeship agency may
reserve not more than 25 percent of the funds received under
subsection (f) in support of State apprenticeship initiatives
described in this paragraph.
``(B) Diversity.--Not less than 5 percent of the amount
reserved under subparagraph (A) shall be used by the State
apprenticeship agency for supporting and expanding diversity
in apprenticeable occupations under the national
apprenticeship system in the State, and program participant
populations in the State.
``(C) Incentives for employers.--A State apprenticeship
agency may use the funds reserved under subparagraph (A) to
incentivize employers to participate in programs under the
national apprenticeship system.
``(D) State-specific initiatives.--A State apprenticeship
agency may use the funds reserved under subparagraph (A) for
State-specific initiatives, such as the development or
expansion of youth apprenticeship programs, pre-
apprenticeship programs, or apprenticeship programs in high-
skill, high-wage, or in-demand industry sectors and
occupations.
``(E) Workforce alignment.--A State apprenticeship agency
may use the funds reserved under subparagraph (A) to engage
with the State's workforce development system in support of
alignment with the State's workforce activities and strategic
vision.
``(F) Education alignment.--A State apprenticeship agency
may use the funds reserved under subparagraph (A) to engage
with the State education system in support of alignment of
related instruction provided under the national
apprenticeship system in the State with academic credit
granting postsecondary programs.
``(3) State match for federal investment.--Except in the
case of exceptional circumstances, as determined by the
Secretary, in order to receive a full allotment under
subsection (f), a State apprenticeship agency shall use
matching funds from non-Federal resources to carry out the
activities of the agency under this Act in an amount not less
than 15 percent of such allotment.
``(e) Derecognition of State Apprenticeship Agencies.--
``(1) In general.--The Secretary may withdraw recognition
of a State apprenticeship agency before the end of the
agency's 4-year recognition period under subsection (a)(2)(B)
if the Secretary determines, after notice and an opportunity
for a hearing, that the State apprenticeship agency has
failed for one of the reasons described in paragraph (2), and
has not been in compliance with the performance improvement
plan under paragraph (3) to remedy such failure.
``(2) Derecognition criteria.--The recognition of a State
apprenticeship agency under this section may be withdrawn
under paragraph (1) in a case in which the State
apprenticeship agency fails to--
``(A) adopt or properly enforce a State plan;
``(B) properly carry out its role as the sole registration
agency in the State;
``(C) submit a report under section 131(a)(1)(B) for any
program year;
``(D) meet the State levels of performance as described in
subsection (b)(2)(A)(iii) for 3
[[Page H5999]]
program years, or demonstrate improvements in performance
during such period; or
``(E) otherwise fulfill or operate in compliance with the
requirements of this Act.
``(3) Derecognition process.--
``(A) In general.--If a State apprenticeship agency fails
for any of the reasons described in paragraph (2), the
Secretary shall provide technical assistance to such agency
for corrective action to remedy such failure, including
assistance in the development of a performance improvement
plan.
``(B) Reduction of funds.--Except in the case of
exceptional circumstances as determined by the Secretary, in
a case in which such a State apprenticeship agency continues
such failure after the provision of the technical assistance
under subparagraph (A)--
``(i) the percentage of the funds to be allotted to the
State apprenticeship agency under subsection (f) for each
fiscal year following the fiscal year in which such failure
has been identified shall be reduced by 5 percentage points;
and
``(ii) the Secretary shall provide notice to the State
apprenticeship agency that the agency's recognition under
this section may be withdrawn if the agency fails to remedy
the failure.
``(C) Termination of proceedings.--If the Secretary
determines that the State apprenticeship agency's corrective
action under subparagraph (A) has addressed the agency's
failure identified under paragraph (2), the Secretary shall--
``(i) restore the agency's full funding allocation under
this title for the next full fiscal year and for each
succeeding year; and
``(ii) notify the State apprenticeship agency that the
agency's recognition will not be withdrawn under this section
for the reason for which the agency's funding under this
title was most recently reduced.
``(D) Opportunity for hearing.--
``(i) In general.--In a case in which a State
apprenticeship agency fails to remedy a failure identified
under paragraph (2), the Secretary shall--
``(I) notify, in writing, the State apprenticeship agency
of the failure of the State apprenticeship agency, including
a description of such failure and an explanation the agency's
recognition under this section may be withdrawn as a result
of such failure; and
``(II) offer the State apprenticeship agency an opportunity
to request a hearing not later than 30 days after the date of
such notice.
``(ii) Referral to office of administrative law judges.--In
a case in which the State apprenticeship agency requests a
hearing under clause (i)(II), the Secretary shall refer the
matter to the Department's Office of Administrative Law
Judges, which shall adjudicate the matter pursuant to its
regulations, with an opportunity to appeal the Administrative
Law Judge's decision to the Department's Administrative
Review Board.
``(4) Requirements after withdrawal of recognition.--
``(A) Office of apprenticeship.--
``(i) Prior to order.--Prior to the withdrawal of the
recognition of a State apprenticeship agency under this
section, the Secretary shall--
``(I) establish a State Office of Apprenticeship using the
process described in section 111(b)(3); and
``(II) provide to the State apprenticeship agency an order
withdrawing recognition of such agency under this section.
``(ii) After order.--Not later than 30 days after the date
of such order, notify the sponsors of the programs under the
national apprenticeship system in such State that were
registered with the State apprenticeship agency to enable
each such sponsor to be registered with the Secretary (acting
through the State Office of Apprenticeship established under
clause (i)(II)).
``(B) State apprenticeship agency requirements.--A State
agency whose recognition as a State apprenticeship agency
under this section has been withdrawn under paragraph (3)
shall--
``(i) provide to the Secretary program standards,
apprenticeship agreements, completion records, cancellation
and suspension records, performance metrics, and any other
documents relating to the State's programs under the national
apprenticeship system in the State;
``(ii) cooperate fully during the transition period
beginning on the date of the order withdrawing such
recognition and ending on the date on which the Secretary
establishes a State Office of Apprenticeship in the State;
and
``(iii) return any unused funds received under this Act.
``(5) Reinstatement of recognition.--A State apprenticeship
agency that has had its recognition withdrawn under this
section may have such recognition reinstated upon
presentation of adequate evidence that the State
apprenticeship agency has--
``(A) has submitted an application under subsection (a)(2),
and
``(B) has demonstrated the ability to operate in compliance
with the requirements of this Act.
``(f) Reservation and State Allotments.--
``(1) State allotments.--
``(A) In general.--Of the amount appropriated under
subsection (g) for a fiscal year--
``(i) 1/3 shall be equally distributed among each State
Office of Apprenticeship, outlying area, and eligible State;
and
``(ii) 2/3 shall be allotted to eligible States on the
basis described in subparagraph (B).
``(B) Formula.--
``(i) In general.--Of the amount available under
subparagraph (A)(ii)--
``(I) 50 percent shall be allotted on the basis of the
relative share of apprentices in each eligible State, as
determined on the basis of the most recent satisfactory data
available from the Secretary, compared to the total number of
apprentices in all eligible States; and
``(II) 50 percent shall be allotted on the basis described
in clause (ii).
``(ii) Allotments.--Of the amount available under clause
(i)(II)--
``(I) 33\1/3\ percent shall be allotted on the basis of the
relative share of jobs that are available in each eligible
State on the last business day of the month, as determined on
the basis of the most recent satisfactory data available from
the Secretary, compared to the total number of jobs available
in all eligible States, as so determined; and
``(II) 33\1/3\ percent shall be allotted the basis of the
relative number of unemployed individuals in areas of
substantial unemployment in each State, compared to the total
number of unemployed individuals in areas of substantial
unemployment in all eligible States; and
``(III) 33\1/3\ percent shall be allotted on the basis of
the relative share of individuals in the civilian labor force
in each eligible State, compared to the total number of
individuals in the civilian labor force in all eligible
States.
``(2) Definitions.--In this subsection:
``(A) Area of substantial unemployment.--The term `area of
substantial unemployment' has the meaning given the term in
section 132(b)(1)(B)(v) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3172(b)(1)(B)(v)).
``(B) Eligible state.--The term `eligible State' means a
State that has a State apprenticeship agency.
``(C) Outlying area.--The term `outlying area' means
American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, and the United States Virgin Islands.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $75,000,000 for fiscal year 2021;
``(2) $76,000,000 for fiscal year 2022;
``(3) $77,000,000 for fiscal year 2023;
``(4) $78,000,000 for fiscal year 2024; and
``(5) $79,000,000 for fiscal year 2025.
``Subtitle B--Process and Standards for the National Apprenticeship
System
``SEC. 121. PROCESS AND STANDARDS.
``(a) Apprenticeship.--
``(1) Approval.--For an occupation to be an apprenticeable
occupation under this Act, an entity seeking approval for
such occupation to be an apprenticeable occupation shall
submit an application to the Secretary that demonstrates that
apprenticeships under such apprenticeable occupation will
prepare individuals for the full range of skills and
competencies needed for such occupation through a time-based,
competency-based, or a hybrid model as described in section
121(b)(1)(D).
``(2) Additional apprenticeable occupations.--The
Secretary, in consultation with employers and other
stakeholders in related industries, may establish standards
for additional apprenticeable occupations as necessary.
``(b) Apprenticeship Program Standards.--In addition to the
standards described in subsection (e), an apprenticeship
program shall meet the following standards:
``(1) The program has an organized and clearly written
plan, developed by the sponsor, that includes, at a minimum,
the following information:
``(A) The employment and training to be received by each
apprentice participating in the program, including--
``(i) an outline of the work processes or the plan in which
the apprentice will receive supervised work experience and
on-the-job learning;
``(ii) the allocation of the approximate amount of time to
be spent in each major work process; and
``(iii) a description or timeline explaining the periodic
reviews and evaluations of the apprentice's performance on
the job and in related instruction.
``(B) A description of the organized, related instruction
the apprentice will receive in technical subjects related to
the occupation, which--
``(i) for time-based or hybrid apprenticeship programs as
described in subparagraph (D), shall include not less than
144 hours for each year of apprenticeship, unless an
alternative requirement is put forth by the employer and
sponsor that reflects industry standards and is accepted by
the registration agency;
``(ii) may be accomplished through classroom instruction,
occupational or industry courses, instruction provided
through electronic media, or other instruction approved by
the registration agency; and
``(iii) shall be provided by one or more qualified
instructors that--
``(I) meet the requirements for a vocational-technical
instructor in the State of registration; or
``(II) are subject matter experts, defined for purposes of
this subparagraph as individuals recognized within an
industry as having expertise in a specific occupation.
``(C) A progressively increasing, clearly defined schedule
of wages to be paid to the apprentice that is--
[[Page H6000]]
``(i) consistent with skill gains or attainment of a
recognized postsecondary credential; and
``(ii) ensures the entry wage is not less than the greater
of--
``(I) the minimum wage required under section 6(a) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)); or
``(II) the applicable wage required by other applicable
Federal or State laws (including regulations) or collective
bargaining agreements.
``(D) The term of the apprenticeship program, which may be
measured using--
``(i) a time-based model, which requires the completion of
the industry standard for on-the-job learning hours (which in
no case shall be less than 2,000 hours, unless an alternative
requirement is put forth by the employer and sponsor that
reflects industry standards and is accepted by the
registration agency);
``(ii) a competency-based model, which requires the
attainment of competency in the occupation; or
``(iii) a hybrid model, which blends the time-based and
competency-based approaches.
``(E) The methods used to measure an apprentice's skills
and competencies, which shall include--
``(i) in the case of a competency-based model, the
individual apprentice's successful demonstration of acquired
skills and knowledge through appropriate means of testing and
evaluation for such competencies, and by requiring
apprentices to complete a paid on-the-job learning component
of the apprenticeship;
``(ii) in the case of a time-based apprenticeship described
in subparagraph (D)(i), the individual apprentice's
completion of the required hours of on-the-job learning as
described in a work process schedule; or
``(iii) in the case of a hybrid apprenticeship described in
subparagraph (D)(iii), a combination of specified minimum
number of hours of on-the-job learning and the successful
demonstration of competency, as described in a work process
schedule.
``(2) The program equally grants advanced standing or
credit to all individuals applying for the apprenticeship
with demonstrated competency or acquired experience or
skills, and provides commensurate wages for any progression
in standing or credit so granted, including for veterans'
service-acquired skills and experiences.
``(3) The program has minimum qualifications for
individuals desiring to enter the apprenticeship program,
with an eligible starting age for an apprentice of not less
than 16 years.
``(4) In the case of a program that chooses to issue an
interim credential, the program--
``(A) clearly identifies each interim credential;
``(B) only issues an interim credential for recognized
components of an apprenticeable occupation and demonstrates
how each interim credential specifically links to the
knowledge, skills, and abilities associated with such
components; and
``(C) establishes the process for assessing an individual
apprentice's demonstration of competency and measurable skill
gains associated with the particular interim credential.
``(c) Pre-apprenticeship Program Standards.--In addition to
the standards described in subsection (e), a pre-
apprenticeship program shall meet the following standards:
``(1) The program is designed to assist individuals who do
not meet minimum qualifications for an apprenticeship program
as described in subsection (b), and prepare them to enter and
succeed in apprenticeship programs, including by providing
the skills and competency attainment needed to enter the
apprenticeship program.
``(2) The program includes a written plan developed by the
sponsor that--
``(A) provides for work-based learning in which an industry
or sector partnership and a related instruction provider
collaborate to provide training that will introduce
participants to the skills, competencies, and materials used
in one or more apprenticeable occupations;
``(B) is based on and aligned with national, State,
regional, or local industry standards for high-skill, high-
wage, or in-demand industry sectors and occupations;
``(C) to the extent appropriate and practicable, meets the
related instruction requirements as described in clauses (ii)
through (iv) of subsection (b)(1)(C); and
``(D) includes mentoring, career exposure, career planning,
and career awareness activities.
``(d) Youth Apprenticeship Program Standards.--In addition
to the standards described in subsection (e), a youth
apprenticeship program shall meet the following standards:
``(1) The program is designed for youth apprentices who at
the start of the program are enrolled in high school.
``(2) The program includes each of the following core
elements:
``(A) The employment and training to be received by each
youth apprentice participating in the program, including--
``(i) an outline of the work processes or the plan in which
the youth apprentice will receive supervised work experience;
``(ii) the allocation of the approximate amount of time to
be spent in each major work process; and
``(iii) a description or timeline explaining the periodic
reviews and evaluations of the youth apprentice's performance
on the job and in related instruction.
``(B) Related classroom-based instruction, which may be
fulfilled through dual or concurrent enrollment.
``(C) The term of the youth apprenticeship program, as
described in subsection (b)(1)(E).
``(D) For a competency-based or hybrid youth apprenticeship
program, the methods used to measure skill acquisition for a
youth apprentice, including ongoing assessment against
established skill and competency standards as described in
subsection (a)(1)(F).
``(E) Prepares the youth apprentice for placement in
further education, employment, or an apprenticeship program.
``(3) In the case of a youth apprenticeship program that
chooses to issue an interim credential, the program meets the
requirements of subsection (b)(4).
``(e) General Requirements.--Each program under the
national apprenticeship system shall meet the following
standards:
``(1) The program has safe equipment, environments, and
facilities for on-the-job learning and supervision.
``(2) The program records and maintains all records
concerning the program as may be required by the Secretary,
the registration agency of the program, or any other
applicable law, including records required under title 38,
United States Code, in order for veterans and other
individuals eligible for educational assistance under such
title to use such assistance for enrollment in the program.
``(3) The program provides all individuals with an equal
opportunity to participate in the program as described in
section 111(b)(7)(B).
``(4) The program awards a certificate of completion in
recognition of successful completion of the program,
evidenced by an appropriate certificate issued by the
registration agency.
``(5) The program provides that an individual who is to
become a program participant under the program enters into a
written apprenticeship agreement described in subsection (g)
with the sponsor of the program.
``(f) Waiver or Modification Authority.--The Secretary
shall have authority to--
``(1) waive any requirements of subsections (b) through (e)
for small businesses or first-time sponsors who demonstrate a
need for such waiver; and
``(2) modify the requirements of subsections (b) through
(e), as applicable, upon request from employers or other
industry stakeholders.
``(g) Apprenticeship Agreements.--To ensure the standards
described in subsections (a) through (e) are applied to
programs under the national apprenticeship system, the
registration agency shall require a sponsor to develop an
apprenticeship agreement that shall--
``(1) be the same for each program participant;
``(2) contain the names and signatures of the program
participant and the sponsor;
``(3) meet the requirements of subsection (h), and any
other requirements determined solely by the sponsor; and
``(4) be submitted to the registration agency in accordance
with section 121(i).
``(h) Apprenticeship Agreement Standards.--Each agreement
under subsection (g) shall contain, explicitly or by
reference--
``(1) in the case of an apprenticeship program--
``(A) that is time-based, a statement of the number of
hours to be spent by the program participant in on-the-job
learning and work components in order to complete the
program;
``(B) that is competency-based, a description of the skill
sets to be attained by completion of the program, including
the on-the-job learning and work components; or
``(C) that is hybrid-based, the minimum number of hours to
be spent by the program participant in on-the-job learning
and work components and in related instruction, and a
description of the skill sets and competencies to be attained
by completion of the program;
``(2) the number of hours and form of related instruction;
``(3) a schedule of the work processes in the occupation or
industry divisions in which the program participant is to be
educated and the approximate time to be spent at each
process;
``(4) for apprenticeships, the graduated wage scale to be
paid to the apprentices in the apprentices' locality,
benefits offered to the apprentices in the apprentices'
locality, and how the wages and benefits compare to State,
local, or regional wages in the related occupation;
``(5) assurance of compliance with section 111(b)(7)(B)
stating that the program participant will be accorded equal
opportunity; and
``(6) the ratio of program participants to mentors,
journeyworkers, or on-the-job training instructors, as
applicable, for the apprenticeable occupation, that are based
on evidence-based and evidence-informed best practices for
safety throughout the work processes of the program, job
site, department, or plant.
``(i) Apprenticeship Registration Application.--The
Secretary shall provide for the registration of programs in
which a sponsor applying to register a program under the
national apprenticeship system shall request registration of
such program from a registration agency by submitting the
information required by the registration agency, including--
[[Page H6001]]
``(1) information demonstrating that each of the
requirements of subsections (a) through (f) will be met for
the program;
``(2) a copy of the apprenticeship agreement described in
subsection (g) used by the sponsor;
``(3) a written assurance that, if the program is
registered under this title, the sponsor will administer the
program in accordance with the requirements of this title and
comply with the requirements of the apprenticeship agreement
for each apprentice; and
``(4) methods for reporting annually data describing the
outcomes associated with the program as required by the
registration agency.
``(j) Recognition and Registration Process.--
``(1) Review and approval process.--
``(A) Provisional approval review.--An application
submitted under subsection (i) that the registration agency
determines meets the requirements described in such
subsection shall be registered for a provisional 1-year
period beginning not later than 30 days after such
application is submitted. During such period, the
registration agency shall accept and record the
apprenticeship agreement as evidence of the program's
compliance and registration to operate such program.
``(B) Full approval or extended provisional approval.--By
the end of a provisional registration period for a program,
the registration agency providing provisional approval under
subparagraph (A) shall review the program for quality and for
compliance with the applicable standards under this subtitle
and all other applicable program requirements under this Act,
and--
``(i) if a registration agency conducting a provisional
review determines that the program complies with the
standards and requirements under this Act, the registration
agency shall fully approve the registration of the program;
or
``(ii) if a registration agency conducting a provisional
review determines that the program is not conforming to the
requirements or standards under this Act, the registration
agency may continue the provisional registration of the
program through the first full training cycle for program
participants, and conduct an additional provisional review at
the conclusion of the training cycle.
``(C) Failure to meet requirements.--If a registration
agency conducting a provisional review under subparagraph (A)
determines that the program is not in operation or does not
conform to the requirements under this Act, the registration
agency shall recommend technical assistance and corrective
action for the program, or deregistration, in accordance with
procedures established under section 131(b).
``(2) Certificate of registration.--
``(A) In general.--A registration agency that registers a
program under paragraph (1) shall--
``(i) provide the sponsor of the program with a certificate
of registration or other written evidence of registration;
``(ii) provide a copy of the certificate of registration;
and
``(iii) provide a copy of the certificate of registration
to the Secretary of Veterans Affairs or the applicable State
veterans agency for the purpose of aligning the registration
process with the process for approving such program for
eligible veterans' use of supplemental educational assistance
benefits.
``(B) Registration name.--A program shall be registered in
the name of the sponsor, or if a sponsor enters into a
partnership with an employer who registers the program, in
the name of the employer.
``(3) Program participant registration.--A sponsor
providing a program that is registered in accordance with
paragraph (2) shall provide to an individual seeking to be a
program participant the opportunity to apply through the
sponsor, and shall--
``(A) enter into a written individual apprenticeship
agreement described in subsection (g) with each such
individual before the commencement of the program; and
``(B) individually register each program participant with
the registration agency by filing a copy of the individual
apprenticeship agreement with the registration agency or as
otherwise required by the registration agency, and sharing a
copy with the Secretary as appropriate, as described under
subsection (i).
``(4) Transition process for previously approved
programs.--With respect to the sponsor of a program that is
approved for apprenticeship purposes as of the day before the
date of enactment of the National Apprenticeship Act of 2020,
a registration agency shall do the following:
``(A) If such program meets the requirements of this Act,
take such steps as necessary to ensure such program maintains
status as a program under this Act.
``(B) If such program does not comply with the requirements
of this Act, provide technical assistance to ensure such
sponsor is in compliance with this Act not later than 3 years
after the date of the date of enactment of this Act.
``(k) Modifications or Changes to Youth Apprenticeship,
Pre-apprenticeship, or Apprenticeship Programs.--
``(1) Sponsor proposal.--Any sponsor that wishes to modify
a program shall submit the proposal for such modification to
the registration agency for the program.
``(2) Registration agency requirements.--
``(A) In general.--The registration agency shall determine
whether to approve the proposal and notify the sponsor of the
determination by not later than 60 days after receipt of the
proposal.
``(B) Approval of proposal.--If the proposal is approved,
the registration agency shall amend the record of the program
to reflect the modification , and provide the sponsor or
program administrator with an acknowledgment of the modified
program, by not later than 30 days after the date of
approval.
``(C) Disapproval of proposal.--If the proposal is not
approved, the registration agency shall--
``(i) notify the sponsor of the reasons for the disapproval
and provide the sponsor with technical assistance to maintain
the program as originally registered;
``(ii) provide the sponsor with the opportunity to submit a
revised modification proposal, including providing
appropriate technical assistance to modify the proposal in
order to meet the requirements of this Act; and
``(iii) in a case in which the sponsor submits a revised
modification proposal, not later than 60 days after receipt
of such proposal--
``(I) approve the proposal; or
``(II) disapprove the program and provide the sponsor with
technical assistance to maintain the program as originally
registered.
``Subtitle C--Evaluations and Research
``SEC. 131. PROGRAM EVALUATIONS AND RESEARCH.
``(a) Purpose.--The purpose of this section is to establish
performance accountability measures related to program
completion and key indicators of performance under the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.).
``(b) Reviews by Registration Agencies.--
``(1) Performance reviews.--
``(A) In general.--A registration agency shall annually
collect performance data for each program registered under
section 121 by such agency, to determine--
``(i) the performance of the program with respect to the
indicators of performance under section 116(b)(2)(A)(i) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3141(b)(2)(A)(i) or in the case of a youth apprenticeship
program, section 116(b)(2)(A)(ii)) of such Act (29 U.S.C.
3141(b)(2)(A)(ii)), to the extent practicable and as
applicable to programs under the national apprenticeship
system; and
``(ii) the completion rates of the program.
``(B) Reports.--The registration agency for a State shall
annually prepare and submit to the Secretary a State
performance report that includes, with respect to each
program registered under section 121 by such agency--
``(i) information specifying the levels of performance
described in subparagraph (A);
``(ii) the percentage of program participants in under-
represented apprenticeship populations;
``(iv) the average time to completion for the program as
compared to the description in the agreement under section
123(b)(1);
``(v) the average cost per participant during the most
recent program year and the 3 preceding program years;
``(vii) information on the State's uses of funds;
``(viii) how resources, whether financial, time, or other
were spent on the delivery, improvement, and expansion of
program services, activities and evaluations; and
``(ix) the disaggregation of the performance data described
in clauses (i) through (v) by--
``(I) the program type (apprenticeship, youth
apprenticeship, or pre-apprenticeship program) involved; and
``(II) race, ethnicity, sex, age, and membership in a
population specified in section 3(24) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102(24)).
``(2) Reports.--Not later than 60 days after receiving a
report under paragraph (1)(B), the Secretary shall make such
report publicly available.
``(3) Comprehensive program reviews.--
``(A) In general.--A registration agency shall periodically
review each program registered under section 121 by such
agency for quality assurance and compliance with the
requirements of title I.
``(B) Timing of reviews.--A review described in
subparagraph (A) shall occur not less frequently than once
every 5 years.
``(C) Review.--The review shall be a comprehensive review
regarding all aspects of the program performance determining
whether the sponsor of the program is complying with the
requirements of title I.
``(D) Reports.--
``(i) In general.--On completion of a review under this
paragraph, the registration agency shall prepare and submit
to the Secretary a report containing the results of the
review.
``(ii) Public availability.--The Secretary shall develop
and make publicly available a statewide summary of reports
submitted by each registration agency.
``(4) Registration agency discretion.--The registration
agency may modify the requirements of this subsection for
small businesses or first-time sponsors who demonstrate a
need for such modification.
``(c) Subsequent Action.--
``(1) Technical assistance.--The registration agency shall
provide technical assistance to the sponsor and identify
areas that require technical assistance, including assistance
in the development of a performance improvement plan if the
registration
[[Page H6002]]
agency determines, pursuant to any review under subsection
(a), that the youth apprenticeship, pre-apprenticeship, or
apprenticeship program--
``(A) is not in operation;
``(B) is not in compliance with the requirements of title
I; or
``(C) is achieving levels of performance on the indicators
described in subsection (b)(1)(A) that are lower than the
State goals.
``(2) Corrective action and deregistration of an
apprenticeship program.--The registration agency may take
corrective action, and if warranted, deregister a youth
apprenticeship, pre-apprenticeship, or apprenticeship
program, after making a determination that the program
demonstrates persistent and significant failure to perform
successfully, which occurs when--
``(A) the sponsor of the program consistently fails to
register at least 1 program participant;
``(B) the program shows a pattern of poor results as
determined solely by the registration agency on the
indicators described in subsection (a)(1)(A) over a period of
3 years, given the characteristics of program participants
and economic conditions in the area served, or are lower than
the national or State average;
``(C) the program shows no indication of improvement in the
areas identified by the registration agency and in the
performance improvement plan under paragraph (1); or
``(D) the sponsor has not administered the program in
accordance with the program's registration, as applicable, or
with the requirements of this Act.
``(3) Notification and hearing.--If the registration agency
makes a determination described in paragraph (2), the
registration agency shall notify the Secretary and the
sponsor of the determination in writing, and permit the
sponsor to request a hearing by the Office of Administrative
Law Judges. The registration agency shall transmit to the
Secretary a report containing all pertinent facts and
circumstances concerning the determination, including
findings and a recommendation for deregistration, and copies
of all relevant documents and records. If the sponsor
requests a hearing it shall be conducted in accordance with
the Office of Administrative Law Judges regulations. A party
to the proceeding may petition for review of the final
decision of the Administrative Law Judge. If the sponsor does
not request the hearing, the registration agency shall
deregister the program after the period for requesting such a
hearing has expired.
``(4) Notification and treatment of apprentices.--Not later
than 15 days after the registration agency deregisters a
program, or not later than 15 days after the period for
requesting such a hearing has expired, the sponsor or program
administrator shall notify each program participant--
``(A) of such deregistration and the effective date;
``(B) that such deregistration automatically deprives the
program participant of individual registration as part of
such program, including the ability to receive a certificate
of completion from the registration agency;
``(C) that the deregistration of the program removes the
program participant from eligibility for any Federal
financial or other assistance, or right, privilege, or
exemption under Federal law, that--
``(i) relates to an apprentice; and
``(ii) requires the registration agency's approval; and
``(D) that all youth apprentices, pre-apprentices, or
apprentices are referred to the registration agency for
information about potential transfers to other programs under
the national apprenticeship system.
``(d) Evaluation and Research.--For the purpose of
improving the management and effectiveness of the programs
and activities carried out under this Act, the Secretary
shall conduct, through an independent entity, evaluation and
research on the programs and activities carried out under
this title.
``(e) Techniques.--The research conducted under this
section shall utilize appropriate methodology and research
designs.
``(f) Contents.--Such research shall address--
``(1) the general effectiveness of such programs and
activities in relation to their cost, including the extent to
which the programs and activities--
``(A) improve the skill and employment competencies of
participants in comparison to comparably-situated individuals
who did not participate in such programs and activities;
``(B) to the extent feasible, increase the levels of total
employment, of attainment of recognized postsecondary
credentials, and of measurable skills, above the levels that
would have existed in the absence of such programs and
activities;
``(C) respond to the needs reflected in labor market data
in the local area and align with high-skill, high-wage, or
in-demand industries or occupations; and
``(D) demonstrate a return on investment of Federal, State,
local, sponsor, employer, and other funding for programs
under the national apprenticeship system, capturing the full
level of investment in, and impact of, such programs under
the national apprenticeship system;
``(2) best practices in increasing underrepresented
apprenticeship populations' participation in programs under
the national apprenticeship system; and
``(3) opportunities to scale up effective models under the
national apprenticeship system.
``(g) Reports.--
``(1) Independent entity.--The independent entity carrying
out the research under subsection (d) shall prepare and
submit to the Secretary a final report containing the results
of the research.
``(2) Reports to congress.--Not later than 60 days after
the receipt of the final report described in paragraph (1),
the Secretary shall submit the final report to the Committee
on Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of
the Senate.
``(h) Public Access.--The Secretary shall make the final
report publicly available no later than 60 days after the
receipt of the final report.
``Subtitle D--General Provisions
``SEC. 141. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out
sections 111 and 112--
``(1) $40,000,000 for fiscal year 2021;
``(2) $41,000,000 for fiscal year 2022;
``(3) $42,000,000 for fiscal year 2023;
``(4) $43,000,000 for fiscal year 2024; and
``(5) $44,000,000 for fiscal year 2025.
``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST
CENTURY GRANTS
``SEC. 201. GRANT REQUIREMENTS.
``(a) Purpose.--The purpose of this section is to expand
access to, and participation in, new industry-led earn-and-
learn programs leading to career opportunities in all
occupations, particularly high-wage, high-skill, and high-
demand occupations, including in response to the COVID-19
public health emergency.
``(b) Authorization of Apprenticeship Grant Program.--
``(1) In general.--From the amounts authorized under
section 202, the Secretary shall award grants, on a
competitive basis, to eligible partnerships for the purpose
described in subsection (a).
``(2) Duration.--The Secretary shall award grants under
this section for a period of--
``(A) not less than 1 year; and
``(B) not more than 4 years.
``(3) Limitations.--
``(A) Amount.--A grant awarded under this section may not
be in an amount greater than $1,500,000.
``(B) Number of awards.--An eligible partnership or member
of such partnership may not be awarded more than one grant
under this section.
``(C) Administration costs.--An eligible partnership
awarded a grant under this section may not use more than 5
percent of the grant funds to pay administrative costs
associated with activities funded by the grant.
``(c) Matching Funds.--To receive a grant under this
section, an eligible partnership shall, through cash or in-
kind contributions, provide matching funds from non-Federal
sources in an amount equal to or greater than 50 percent of
the amount of such grant.
``(d) Applications.--
``(1) In general.--To receive a grant under this section,
an eligible partnership shall submit to the Secretary at such
a time as the Secretary may require, an application that--
``(A) identifies and designates the entity within the
eligible partnership responsible for the administration and
supervision of the earn-and-learn program for which such
grant funds would be used;
``(B) identifies the businesses and institutions of higher
education that comprise the eligible partnership;
``(C) identifies the source and amount of the matching
funds required under subsection (c);
``(D) identifies the number of program participants who
will participate and complete the relevant earn-and-learn
program within 1 year of the expiration of the grant;
``(E) identifies the amount of time, not to exceed 2 years,
required for program participants to complete the program;
``(F) identifies the anticipated earnings of program
participants--
``(i) 1 year after program completion; and
``(ii) 3 years after program completion;
``(G) describes the specific project for which the
application is submitted, including a summary of the relevant
classroom and paid structured on-the-job learning students
will receive;
``(H) describes how the eligible partnership will finance
the program after the end of the grant period;
``(I) describes how the eligible partnership will support
the collection of information and data for purposes of the
program evaluation required under subsection (i); and
``(J) describes the alignment of the program with State
identified in-demand industry sectors and occupations.
``(2) Application review process.--
``(A) Review panel.--Applications submitted under paragraph
(1) shall be read by a panel of readers composed of
individuals selected by the Secretary. The Secretary shall
assure that an individual assigned under this paragraph does
not have a conflict of interest with respect to the
applications reviewed by such individual.
``(B) Composition of review panel.--The panel of reviewers
selected by the Secretary under subparagraph (A) shall be
comprised as follows:
``(i) A majority of the panel shall be individuals who are
representative of businesses,
[[Page H6003]]
which may include owners, executives with optimum hiring
authority, or individuals representing business organizations
or business trade associations.
``(ii) The remainder of the panel shall be equally divided
between individuals who are--
``(I) representatives of institutions of higher education
that offer programs of two years or less; and
``(II) representatives of State workforce development
boards established under section 101 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3111).
``(C) Review of applications.--The Secretary shall instruct
the review panel selected by the Secretary under subparagraph
(A) to evaluate applications using only the criteria
specified in paragraph (1) and make recommendations with
respect to--
``(i) the quality of the applications;
``(ii) whether a grant should be awarded for a project
under this title; and
``(iii) the amount and duration of such grant.
``(D) Priority and distribution.--
``(i) Priority.--In awarding grants under this section, the
Secretary shall give priority to an eligible partnership--
``(I) proposing to serve a high number or high percentage
of participants who are from underrepresented apprenticeship
populations; or
``(II) providing opportunities in high-wage, high-skill, or
in-demand sectors and occupations.
``(ii) Geographic distribution.--In awarding grants under
this section, the Secretary shall, to the extent practicable,
ensure a geographically diverse distribution of grants,
including a geographically diverse distribution among regions
of the country and among urban, suburban, and rural areas.
``(E) Notification.--Not later than June 30 of each year,
the Secretary shall notify each eligible partnership
submitting an application under this section of--
``(i) the scores given the applicant by the panel pursuant
to this section;
``(ii) the recommendations of the panel with respect to
such application;
``(iii) the reasons for the decision of the Secretary in
awarding or refusing to award a grant under this section; and
``(iv) modifications, if any, in the recommendations of the
panel made to the Secretary.
``(e) Award Basis.--The Secretary shall award grants under
this section on the following basis--
``(1) the number of participants to be served by the grant;
``(2) the anticipated income of program participants in
relation to the regional median income;
``(3) the alignment of the program with State-identified
in-demand industry sectors; and
``(4) the recommendations of the readers under subsection
(d)(2)(C).
``(f) Purposes of Awards.--The Secretary may award grants,
contracts, or cooperative agreements to eligible entities on
a competitive basis for any of the following purposes:
``(1) The creation of new earn-and-learn programs,
including apprenticeship, pre-apprenticeship, and youth
apprenticeship programs, or expansion of existing programs.
``(2) Encouraging employer participation in programs under
the national apprenticeship system--
``(A) that target individuals with barriers to employment
in youth apprenticeship, pre-apprenticeship, or
apprenticeship programs, prioritizing underrepresented
apprenticeship populations, such as women, minorities, long-
term unemployed individuals with a disability, individuals
with substance abuse issues, and veterans;
``(B) that are in high-need social service-related
industries, sectors, or occupations, such as direct care
workers and early childhood educators;
``(C) that target individuals currently or formerly
incarcerated; or
``(D) among small- and medium-sized employers.
``(3) If the eligible entity is a qualified intermediary--
``(A) supporting national industry and equity
intermediaries in establishing or expanding sector-based
partnerships to support the delivery or expansion of programs
under the national apprenticeship system to significant scale
in the United States--
``(i) in key sectors, including manufacturing, information
technology, cyber security, health care, insurance and
finance, energy, hospitality, retail, construction, and other
sectors identified by the Secretary; and
``(ii) for underrepresented apprenticeship populations,
women, minorities, individuals with disabilities, and
individuals impacted by the criminal justice system; or
``(B) serving programs under the national apprenticeship
system in a local or regional setting.
``(4) Strengthen alignment between programs under the
national apprenticeship system and education and training
providers with secondary and postsecondary education systems,
including degree and credential requirements.
``(g) Use of Funds.--Grant funds provided under this
section may be used for--
``(1) supports including marketing, national e-tools, and
other expanded capacity and technical assistance supports;
``(2) the purchase of appropriate equipment, technology, or
instructional material, aligned with business and industry
needs, including machinery, testing equipment, hardware and
software;
``(3) student books, supplies, and equipment required for
enrollment;
``(4) the reimbursement of up to 50 percent of the wages of
a student participating in an earn-and-learn program
receiving a grant under this section;
``(5) the development of industry-specific programming;
``(6) supporting the transition of industry-based
professionals from an industry setting to an academic
setting;
``(7) industry-recognized certification exams or other
assessments leading to a recognized postsecondary credential
associated with the earn-and-learn program;
``(8) any fees associated with the certifications or
assessments described in paragraph (7);
``(9) establishing or expanding partnerships with
organizations that provide program participants access to
financial planning mentoring, and supportive services that
are necessary to enable an individual to participate in and
complete a program under the national apprenticeship system;
``(10) conducting outreach and recruitment activities,
including assessments of potential participants for, and
enrollment of participants in a program under the national
apprenticeship system;
``(11) conducting outreach, engagement, and recruitment
with employers, industry associations, labor and labor-
management organizations, qualified intermediaries, education
and training providers, State or local workforce agencies,
potential sponsors, communities with high numbers or
percentages of underrepresented apprenticeship populations,
small- and medium-sized businesses, or rural communities to
establish or expand industry or sector partnerships and
opportunities under the national apprenticeship system; and
``(12) conducting any activities as described in the
application that would advance the purposes of the grant.
``(h) Technical Assistance.--The Secretary may provide
technical assistance to eligible partnerships awarded under a
grant under this section throughout the grant period for
purposes of grant management.
``(i) Evaluation.--
``(1) In general.--The Secretary may reserve up to $500,000
from the amounts made available under section 202 in order to
provide for the independent evaluation, which may be
conducted by a third-party entity, of the grant program
established under this section that includes the following:
``(A) An assessment of the effectiveness of the grant
program in expanding earn-and-learn program opportunities
offered by employers in conjunction with institutions of
higher education.
``(B) The number of students who participated in programs
assisted under this section.
``(C) The percentage of students participating in programs
assisted under this section who successfully completed the
program in the time described in subsection (d)(1)(E).
``(D) The median earnings of program participants--
``(i) 1 year after exiting the program; and
``(ii) 3 years after exiting the program.
``(E) The percentage of program participants assisted under
this section who successfully receive a recognized
postsecondary credential.
``(F) The number of program participants served by programs
receiving funding under this section--
``(i) 2 years after the end of the grant period; and
``(ii) 4 years after the end of the grant period.
``(2) Publication.--The evaluation required by this
subsection shall be made publicly available on the website of
the Department within 90 days after such evaluation is
completed.
``(j) Definitions.--In this section:
``(1) Earn-and-learn program.--The term `earn-and-learn
program' means an education program, including an
apprenticeship program, that provides students with
structured, sustained, and paid on-the-job training and
accompanying, for credit, classroom instruction that--
``(A) is for a period of between 3 months and 2 years; and
``(B) leads to, on completion of the program, a recognized
postsecondary credential.
``(2) Eligible partnership.--The term `eligible
partnership' shall mean a consortium that includes--
``(A) 1 or more businesses; and
``(B) 1 or more institutions of higher education.
``SEC. 202. GRANT APPROPRIATIONS.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated to carry out only registered
apprenticeship activities under this title--
``(1) $200,000,000 for fiscal year 2021;
``(2) $210,000,000 for fiscal year 2022;
``(3) $220,000,000 for fiscal year 2023;
``(4) $230,000,000 for fiscal year 2024; and
``(5) $240,000,000 for fiscal year 2025.
``(b) Special Rule.--Of the funds made available for this
title, no less than $200,000,000 shall be provided from the
H-1B Nonimmigrant Petitioner Account.''.
SEC. 5. CONFORMING AMENDMENTS.
(a) American Competitiveness and Workforce Improvement Act
of 1998.--Section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a) is
repealed.
[[Page H6004]]
(b) Immigration and Nationality Act.--Section 286(s)(2) of
the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is
amended--
(1) in the heading, by striking ``for job training'' and
inserting ``for programs under the national apprenticeship
system''; and
(2) by striking ``for demonstration programs and projects
described in section 414(c) of the American Competitiveness
and Workforce Improvement Act of 1998'' and inserting ``to
carry out title II of the National Apprenticeship Act''.
The SPEAKER pro tempore. Pursuant to House Resolution 1224, the
gentleman from Pennsylvania (Mr. Smucker) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. SMUCKER. Mr. Speaker, since March, America's workers have faced
unprecedented volatility and uncertainty. Even before that, even before
the pandemic when unemployment rates were at record lows, there was
still a significant skills gap to close.
We have a responsibility here in Congress to create real solutions
for Americans, pathways and programs that will jump-start and enhance
their careers and allow them to provide for themselves and for their
families.
Knowing all this, I am dismayed that we would squander such an
opportunity as we have today to help Americans in need. We have a real
opportunity with this bill. There is strong bipartisan support for
apprenticeships in this body, and Republicans and Democrats both are
claiming they want to increase the number of apprenticeships available
in this country and expand apprenticeships into new industries.
Unfortunately, this bill falls woefully short in both of these
categories, but I have an amendment that would fix that. This amendment
would fix that. This amendment makes necessary improvements to achieve
the goals of modernization and reinvigoration of the national
apprenticeship system, changes that will increase opportunities for
workers and help bolster the Nation's economic recovery.
Unlike the many hollow claims put forward by my colleagues about
their proposal, this amendment expands the number of apprenticeship
opportunities in the registered model rather than permanently limiting
them by locking in the problems of a decade's-old system. My amendment
provides program sponsors with the necessary resources and freedom to
effectively instruct apprentices on the job.
While the underlying legislation piles on requirements that obstruct
first-time sponsors and small businesses from participating, this
substitute makes room for them so that the registered apprenticeship
program is ripe with opportunities for prospective apprentices from a
variety of employers. This amendment allows for innovation beyond the
traditional registered system, as well, to ensure that apprenticeship
offerings will be able to grow and change as quickly as our employment
market demands.
Work-based learning is one of the most promising paths forward for
workers seeking to find or enhance their careers. Such opportunities
meet workers where they are, place them in dynamic learning
environments, and develop their skills and competencies.
I urge my colleagues to support this amendment that would transform
the registered apprenticeship program into a modern program generating
opportunities for American workers without the red tape and roadblocks
found in the underlying bill.
I reserve the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I claim the time in opposition to
the amendment offered by the gentleman from Pennsylvania.
The SPEAKER pro tempore. The gentleman from Virginia is recognized
for 5 minutes.
Mr. SCOTT of Virginia. Mr. Speaker, I am the only speaker, so I will
be closing when I speak.
I reserve the balance of my time.
Mr. SMUCKER. Mr. Speaker, I yield the balance of my time to the
gentlewoman from North Carolina (Ms. Foxx), the ranking member of the
committee.
Ms. FOXX of North Carolina. Mr. Speaker, I thank my colleague from
Pennsylvania for his work on the committee, which has been excellent,
and for his work on this bill and this amendment, in particular.
Mr. Speaker, the National Apprenticeship Act has remained untouched
for the last 80 years, until today. The legislation we put forward now
should modernize the registered apprenticeship system and create
forward-thinking solutions for the American workforce.
This amendment makes real reforms to the registered apprenticeship
system, sparks innovation, expands opportunities, and encourages
alternate pathways for apprentices and employers.
Who knows better what the workforce needs than employers?
Washington bureaucrats have run the one-size-fits-all system for
decades, and far too many businesses still choose not to participate
because it simply isn't workable for them. This means job opportunities
are left on the table because the current system isn't built for
success, opportunities we cannot afford to close the door on if our
workforce is going to recover from the damage done by the pandemic.
If we want the registered apprenticeship system to adapt to the ever-
changing needs of the economy and workforce, we need to provide
employers a seat at the table in making a model that actually addresses
the skills gap.
This amendment eliminates the barriers that have developed over time
in the current system, creates parity between union and nonunion-
sponsored programs, and makes it easier for everyone to participate,
particularly the small businesses and sponsors who have been shut out
before.
I urge my colleagues to support this amendment.
Mr. SMUCKER. Mr. Speaker, I yield back the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, this amendment undermines the core premise behind the
National Apprenticeship Act of 2020, which is to create 1 million more
registered apprenticeship, pre-apprenticeship, and youth apprenticeship
opportunities over the next 5 years.
Registered apprenticeships are a proven earn-and-learn program.
Ninety-four percent of those who complete their apprenticeships are
employed upon completion, with an average salary of $70,000.
This amendment is nothing less than an attack on the successful
registered apprenticeship program. It makes deep cuts in funding, which
will result in sparse growth of the new registered apprenticeships,
while diverting scarce funds to untested, unproven programs run by
third parties. Instead, it gives the Secretary of Labor a blank check
to implement unregistered apprenticeship programs that are untested and
unaccountable. It does this in several ways.
First, it allows the Secretary of Labor to divert funds to unproven,
untested industry-recognized apprenticeship programs, or IRAPs. Unlike
registered apprenticeships, there is no evaluation of IRAPs--none.
When DOL proposed the creation of this untested program, it received
over 300,000 comments in opposition. Many of those comments noted that
the registered apprenticeship program provides valuable credentials
which are nationally recognized. IRAPs provide neither.
Furthermore, the Trump administration's own apprenticeship expansion
task force recommended the DOL only conduct a pilot program for IRAPs
to see if they could be effective and accountable. Let's be clear: The
administration's own task force did not embrace a full-scale rollout of
this untested idea, yet this substitute amendment opens the floodgates.
Democrats do support innovation. An amendment offered by the
gentleman from New Hampshire (Mr. Pappas) in the en bloc package allows
the Secretary of Labor to fund innovation and apprenticeships. His
amendment authorizes demonstration projects governing nontraditional
sectors subject to the recommendations of the National Advisory
Committee on Apprenticeships appointed by the Secretary. These projects
could even help COVID-19 responses.
Second, the substitute amendment cuts funding for apprenticeship
grants and cuts State apprenticeship formula grants. States have asked
for funding certainty so that they can scale up their apprenticeship
efforts and have been documented as the engine of success for
apprenticeship growth.
[[Page H6005]]
The major reform in this amendment is the fact that there is a 77
percent reduction in funding, resulting in only 219 new apprenticeship
opportunities rather than the 1 million new opportunities that the
National Apprenticeship Act provides.
We all agree that apprenticeships are the pathway to the middle
class, so why would we want to eliminate the rungs of opportunity for
hundreds of thousands of potential apprentices?
Third, this amendment eliminates an interagency agreement with the
Department of Education to create stronger alignment between the
education system and the national apprenticeship system. My colleagues
on the other side often talk about wanting to create pathways for
students to pursue alternatives to 4-year degrees, but this amendment
eliminates the provisions in the National Apprenticeship Act that do
just that.
Some say we are creating a one-size-fits-all approach in this bill,
but that isn't true either. We include new apprenticeship models, such
as competency-based hybrid models, expand youth apprenticeships and
pre-apprenticeships, and that is something that employers have
consistently requested. We open the doors to apprenticeships and
industries where apprenticeship programs have never been utilized.
This amendment is a step in the wrong direction. At a time when
millions are losing their jobs permanently due to the pandemic, the
economy is facing a deep recession, and we have other problems, the
underlying bill is focused, without this amendment, on getting people
back to work with the best skills possible.
So I urge my colleagues to vote ``no'' on this amendment and pass the
bill to create 1 million new, good apprenticeship opportunities.
I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1224, the
previous question is ordered on the amendment offered by the gentleman
from Pennsylvania (Mr. Smucker).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the noes appear to have it.
Mr. SMUCKER. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 9 Offered by Mr. Levin of Michigan
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on amendment No. 9, printed in part
B of House Report 116-593, on which further proceedings were postponed
and on which the yeas and nays were ordered.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
The SPEAKER pro tempore. The question is on the amendment offered by
the gentleman from Michigan (Mr. Levin).
The vote was taken by electronic device, and there were--yeas 236,
nays 152, not voting 41, as follows:
[Roll No. 225]
YEAS--236
Adams
Aguilar
Allred
Axne
Bacon
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cunningham
Davids (KS)
Davis (CA)
Davis, Danny K.
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Dingell
Doggett
Doyle, Michael F.
Emmer
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (NV)
Levin (CA)
Levin (MI)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McNerney
Meeks
Meng
Mfume
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Rice (NY)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stauber
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NAYS--152
Allen
Amash
Armstrong
Arrington
Babin
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (NC)
Bishop (UT)
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Chabot
Cline
Cloud
Cole
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
DesJarlais
Diaz-Balart
Dunn
Estes
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Garcia (CA)
Gohmert
Gonzalez (OH)
Gooden
Gosar
Granger
Graves (LA)
Graves (MO)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Hice (GA)
Higgins (LA)
Hill (AR)
Hudson
Hurd (TX)
Jacobs
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (OH)
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Latta
Long
Loudermilk
Lucas
Marshall
Massie
Mast
McCarthy
McClintock
McKinley
Meuser
Miller
Moolenaar
Mooney (WV)
Mullin
Murphy (NC)
Norman
Palazzo
Palmer
Pence
Perry
Posey
Reed
Reschenthaler
Rice (SC)
Roby
Rodgers (WA)
Rogers (AL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smucker
Spano
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Tiffany
Timmons
Tipton
Turner
Upton
Van Drew
Wagner
Walden
Walorski
Watkins
Weber (TX)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoho
NOT VOTING--41
Abraham
Aderholt
Amodei
Carter (TX)
Cheney
Collins (GA)
Deutch
Duncan
Ferguson
Gianforte
Gibbs
Green (TN)
Holding
Hollingsworth
Huizenga
King (IA)
King (NY)
Lamborn
Lee (CA)
Lesko
Luetkemeyer
Marchant
McCaul
McHenry
Mitchell
Newhouse
Nunes
Olson
Richmond
Riggleman
Roe, David P.
Rogers (KY)
Rooney (FL)
Sensenbrenner
Walberg
Walker
Waltz
Webster (FL)
Wright
Young
Zeldin
{time} 1036
Mr. BOST changed his vote from ``nay'' to ``yea.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
members recorded pursuant to house resolution 965, 116th congress
Barragan (Beyer)
Beatty (Fudge)
Blumenauer (Beyer)
Bonamici (Clark (MA))
Boyle, Brendan F. (Jeffries)
Brownley (CA) (Clark (MA))
Bustos (Kuster (NH))
Carson (IN) (Cleaver)
Castro (TX) (Garcia (TX))
Cisneros (Correa)
Clay (Cleaver)
Cohen (Beyer)
Costa (Cooper)
Courtney (Hayes)
DeGette (Blunt Rochester)
DeSaulnier (Matsui)
Doyle, Michael F. (Cartwright)
Escobar (Garcia (TX))
Frankel (Clark (MA))
Garamendi (Sherman)
Gonzalez (TX) (Gomez)
Grijalva (Garcia (IL))
Hastings (Wasserman Schultz)
Higgins (NY) (Sanchez)
Jayapal (Raskin)
Johnson (TX) (Jeffries)
Keating (Kuster (NH))
Kind (Beyer)
Kirkpatrick (Stanton)
Langevin (Lynch)
Larson (CT) (Hayes)
Lawrence (Kildee)
Lawson (FL) (Demings)
Lieu, Ted (Beyer)
Lofgren (Jeffries)
Lowenthal (Beyer)
Lowey (Jeffries)
McEachin (Wexton)
[[Page H6006]]
Meng (Kuster (NH))
Moore (Beyer)
Nadler (Jeffries)
Napolitano (Correa)
Norcross (Sires)
Payne (Wasserman Schultz)
Perlmutter (Neguse)
Peterson (McCollum)
Pingree (Kuster (NH))
Pocan (Raskin)
Porter (Wexton)
Price (NC) (Butterfield)
Rose (NY) (Golden)
Roybal-Allard (Bass)
Ruiz (Dingell)
Rush (Underwood)
Ryan (Kildee)
Schrier (Kilmer)
Serrano (Jeffries)
Speier (Scanlon)
Titus (Connolly)
Tonko (Morelle)
Vargas (Correa)
Watson Coleman (Pallone)
Welch (McGovern)
Wilson (FL) (Hayes)
Amendment No. 15 Offered by Mr. Smucker
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the
unfinished business is the question on amendment No. 15, printed in
part B of House Report 116-593, on which further proceedings were
postponed and on which the yeas and nays were ordered.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
The SPEAKER pro tempore. The question is on the amendment offered by
the gentleman from Pennsylvania (Mr. Smucker).
The vote was taken by electronic device, and there were--yeas 142,
nays 243, not voting 44, as follows:
[Roll No. 226]
YEAS--142
Allen
Amash
Armstrong
Arrington
Babin
Bacon
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (NC)
Bishop (UT)
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Chabot
Cline
Cloud
Cole
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
DesJarlais
Diaz-Balart
Dunn
Emmer
Estes
Fleischmann
Flores
Fortenberry
Foxx (NC)
Fulcher
Gaetz
Gallagher
Garcia (CA)
Gohmert
Gooden
Gosar
Granger
Graves (LA)
Graves (MO)
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Higgins (LA)
Hill (AR)
Hudson
Hurd (TX)
Jacobs
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kinzinger
Kustoff (TN)
LaHood
LaMalfa
Latta
Long
Loudermilk
Lucas
Marshall
Mast
McCarthy
McClintock
Meuser
Miller
Moolenaar
Mooney (WV)
Mullin
Murphy (NC)
Norman
Palazzo
Palmer
Pence
Perry
Posey
Reed
Rice (SC)
Roby
Rodgers (WA)
Rogers (AL)
Rose, John W.
Rouzer
Rutherford
Scalise
Schweikert
Scott, Austin
Shimkus
Simpson
Smith (MO)
Smith (NE)
Smucker
Spano
Stefanik
Steil
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Tiffany
Tipton
Upton
Wagner
Walden
Walorski
Watkins
Weber (TX)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoho
NAYS--243
Adams
Aguilar
Allred
Axne
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Buck
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cunningham
Davids (KS)
Davis (CA)
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Dingell
Doggett
Doyle, Michael F.
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Griffith
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (NV)
Levin (CA)
Levin (MI)
Lieu, Ted
Lipinski
Loebsack
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Massie
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McKinley
McNerney
Meeks
Meng
Mfume
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Reschenthaler
Rice (NY)
Rose (NY)
Rouda
Roy
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stauber
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Turner
Underwood
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NOT VOTING--44
Abraham
Aderholt
Amodei
Carter (TX)
Cheney
Collins (GA)
Davis, Danny K.
Deutch
Duncan
Ferguson
Gianforte
Gibbs
Green (TN)
Hice (GA)
Holding
Hollingsworth
Huizenga
King (IA)
King (NY)
Lamborn
Lee (CA)
Lesko
Luetkemeyer
Marchant
McCaul
McHenry
Mitchell
Newhouse
Nunes
Olson
Richmond
Riggleman
Roe, David P.
Rogers (KY)
Rooney (FL)
Sensenbrenner
Timmons
Walberg
Walker
Waltz
Webster (FL)
Wright
Young
Zeldin
{time} 1123
Ms. SEWELL of Alabama, Ms. TORRES SMALL of New Mexico, Messrs. SIRES,
ROSE of New York, Ms. SCANLON, and Mr. BROWN of Maryland changed their
vote from ``yea'' to ``nay.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. TIMMONS. Madam Speaker, I was unavoidably detained. Had I been
present, I would have voted ``yea'' on rollcall No. 226.
Members Recorded Pursuant to House Resolution 965, 116th Congress
Barragan (Beyer)
Beatty (Fudge)
Blumenauer (Beyer)
Bonamici (Clark (MA))
Boyle, Brendan F. (Jeffries)
Brownley (CA) (Clark (MA))
Bustos (Kuster (NH))
Carson (IN) (Cleaver)
Castro (TX) (Garcia (TX))
Cisneros (Correa)
Clay (Cleaver)
Cohen (Beyer)
Costa (Cooper)
Courtney (Hayes)
DeGette (Blunt Rochester)
DeSaulnier (Matsui)
Doyle, Michael F. (Cartwright)
Escobar (Garcia (TX))
Frankel (Clark (MA))
Garamendi (Sherman)
Gonzalez (TX) (Gomez)
Grijalva (Garcia (IL))
Hastings (Wasserman Schultz)
Higgins (NY) (Sanchez)
Jayapal (Raskin)
Johnson (TX) (Jeffries)
Keating (Kuster (NH))
Kind (Beyer)
Kirkpatrick (Stanton)
Langevin (Lynch)
Larson (CT) (Hayes)
Lawrence (Kildee)
Lawson (FL) (Demings)
Lieu, Ted (Beyer)
Lofgren (Jeffries)
Lowenthal (Beyer)
Lowey (Jeffries)
McEachin (Wexton)
Meng (Kuster (NH))
Moore (Beyer)
Nadler (Jeffries)
Napolitano (Correa)
Norcross (Sires)
Payne (Wasserman Schultz)
Perlmutter (Neguse)
Peterson (McCollum)
Pingree (Kuster (NH))
Pocan (Raskin)
Porter (Wexton)
Price (NC) (Butterfield)
Rose (NY) (Golden)
Roybal-Allard (Bass)
Ruiz (Dingell)
Rush (Underwood)
Ryan (Kildee)
Schrier (Kilmer)
Serrano (Jeffries)
Speier (Scanlon)
Titus (Connolly)
Tonko (Morelle)
Vargas (Correa)
Watson Coleman (Pallone)
Welch (McGovern)
Wilson (FL) (Hayes)
The SPEAKER pro tempore (Ms. Craig). Pursuant to House Resolution
1224, the previous question is ordered on the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Ms. FOXX of North Carolina. Madam Speaker, on that I demand the yeas
and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
The vote was taken by electronic device, and there were--yeas 246,
nays 140, not voting 43, as follows:
[Roll No. 227]
YEAS--246
Adams
Aguilar
Allred
Axne
Bacon
Barragan
Bass
Beatty
Bera
Beyer
Bishop (GA)
Blumenauer
Blunt Rochester
Bonamici
Bost
Boyle, Brendan F.
Brindisi
Brown (MD)
Brownley (CA)
Bustos
Butterfield
Carbajal
Cardenas
Carson (IN)
Cartwright
Case
Casten (IL)
Castor (FL)
Castro (TX)
Chu, Judy
Cicilline
Cisneros
Clark (MA)
Clarke (NY)
Clay
[[Page H6007]]
Cleaver
Clyburn
Cohen
Connolly
Cooper
Correa
Costa
Courtney
Cox (CA)
Craig
Crist
Crow
Cuellar
Cunningham
Davids (KS)
Davis (CA)
Davis, Rodney
Dean
DeFazio
DeGette
DeLauro
DelBene
Delgado
Demings
DeSaulnier
Diaz-Balart
Dingell
Doggett
Doyle, Michael F.
Emmer
Engel
Escobar
Eshoo
Espaillat
Evans
Finkenauer
Fitzpatrick
Fletcher
Fortenberry
Foster
Frankel
Fudge
Gabbard
Gallego
Garamendi
Garcia (IL)
Garcia (TX)
Golden
Gomez
Gonzalez (OH)
Gonzalez (TX)
Gottheimer
Green, Al (TX)
Grijalva
Haaland
Harder (CA)
Hastings
Hayes
Heck
Higgins (NY)
Himes
Horn, Kendra S.
Horsford
Houlahan
Hoyer
Huffman
Jackson Lee
Jayapal
Jeffries
Johnson (GA)
Johnson (TX)
Joyce (OH)
Kaptur
Katko
Keating
Kelly (IL)
Kennedy
Khanna
Kildee
Kilmer
Kim
Kind
Kinzinger
Kirkpatrick
Krishnamoorthi
Kuster (NH)
Lamb
Langevin
Larsen (WA)
Larson (CT)
Lawrence
Lawson (FL)
Lee (NV)
Levin (CA)
Levin (MI)
Lieu, Ted
Lipinski
Lofgren
Lowenthal
Lowey
Lujan
Luria
Lynch
Malinowski
Maloney, Carolyn B.
Maloney, Sean
Matsui
McAdams
McBath
McCollum
McEachin
McGovern
McKinley
McNerney
Meeks
Meng
Mfume
Moore
Morelle
Moulton
Mucarsel-Powell
Murphy (FL)
Nadler
Napolitano
Neal
Neguse
Norcross
O'Halleran
Ocasio-Cortez
Omar
Pallone
Panetta
Pappas
Pascrell
Payne
Perlmutter
Peters
Peterson
Phillips
Pingree
Pocan
Porter
Pressley
Price (NC)
Quigley
Raskin
Reed
Reschenthaler
Rice (NY)
Rose (NY)
Rouda
Roybal-Allard
Ruiz
Ruppersberger
Rush
Ryan
Sanchez
Sarbanes
Scanlon
Schakowsky
Schiff
Schneider
Schrader
Schrier
Scott (VA)
Scott, David
Serrano
Sewell (AL)
Shalala
Sherman
Sherrill
Shimkus
Sires
Slotkin
Smith (NJ)
Smith (WA)
Soto
Spanberger
Speier
Stanton
Stauber
Steil
Stevens
Suozzi
Swalwell (CA)
Takano
Thompson (CA)
Thompson (MS)
Titus
Tlaib
Tonko
Torres (CA)
Torres Small (NM)
Trahan
Trone
Underwood
Upton
Van Drew
Vargas
Veasey
Vela
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson Coleman
Welch
Wexton
Wild
Wilson (FL)
Yarmuth
NAYS--140
Allen
Amash
Armstrong
Arrington
Babin
Baird
Balderson
Banks
Barr
Bergman
Biggs
Bilirakis
Bishop (NC)
Bishop (UT)
Brady
Brooks (AL)
Brooks (IN)
Buchanan
Buck
Bucshon
Budd
Burchett
Burgess
Byrne
Calvert
Carter (GA)
Chabot
Cline
Cloud
Cole
Comer
Conaway
Cook
Crawford
Crenshaw
Curtis
Davidson (OH)
DesJarlais
Dunn
Estes
Fleischmann
Flores
Foxx (NC)
Fulcher
Gaetz
Gallagher
Garcia (CA)
Gohmert
Gooden
Gosar
Granger
Graves (LA)
Graves (MO)
Griffith
Grothman
Guest
Guthrie
Hagedorn
Harris
Hartzler
Hern, Kevin
Herrera Beutler
Higgins (LA)
Hill (AR)
Hudson
Hurd (TX)
Jacobs
Johnson (LA)
Johnson (OH)
Johnson (SD)
Jordan
Joyce (PA)
Keller
Kelly (MS)
Kelly (PA)
Kustoff (TN)
LaHood
LaMalfa
Latta
Long
Loudermilk
Lucas
Marshall
Massie
Mast
McCarthy
McClintock
Meuser
Miller
Moolenaar
Mooney (WV)
Mullin
Murphy (NC)
Norman
Palazzo
Palmer
Pence
Perry
Posey
Rice (SC)
Roby
Rodgers (WA)
Rogers (AL)
Rooney (FL)
Rose, John W.
Rouzer
Roy
Rutherford
Scalise
Schweikert
Scott, Austin
Simpson
Smith (MO)
Smith (NE)
Smucker
Spano
Stefanik
Steube
Stewart
Stivers
Taylor
Thompson (PA)
Thornberry
Tiffany
Timmons
Tipton
Turner
Wagner
Walden
Walorski
Watkins
Weber (TX)
Wenstrup
Westerman
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yoho
NOT VOTING--43
Abraham
Aderholt
Amodei
Carter (TX)
Cheney
Collins (GA)
Davis, Danny K.
Deutch
Duncan
Ferguson
Gianforte
Gibbs
Green (TN)
Hice (GA)
Holding
Hollingsworth
Huizenga
King (IA)
King (NY)
Lamborn
Lee (CA)
Lesko
Loebsack
Luetkemeyer
Marchant
McCaul
McHenry
Mitchell
Newhouse
Nunes
Olson
Richmond
Riggleman
Roe, David P.
Rogers (KY)
Sensenbrenner
Walberg
Walker
Waltz
Webster (FL)
Wright
Young
Zeldin
{time} 1210
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
[personal explanation]
Mr. McCaul. Madam Speaker, Had I been present, I would have voted
``nay'' on rollcall No. 225, ``yea'' on rollcall No. 226 and ``nay'' on
rollcall No. 227.
personal explanation
Mr. ROGERS of Kentucky. Madam Speaker, I was unable to vote on Nov.
20, 2020. Had I been present, I would have voted nay on Roll Call No.
225, yea on Roll Call No. 226 and nay on Roll Call No. 227.
personal explanation
Mr. NUNES. Madam Speaker, unfortunately, I was detained and unable to
cast my vote for the two amendments and passage of H.R. 8294, the
National Apprenticeship Act. Had I been present, I would have voted in
the following manner ``nay'' on rollcall No. 225, ``yea'' on rollcall
no. 226, and ``nay'' on rollcall No. 227.
Members Recorded Pursuant to House Resolution 965, 116th Congress
Barragan (Beyer)
Beatty (Fudge)
Blumenauer (Beyer)
Bonamici (Clark (MA))
Boyle, Brendan F. (Jeffries)
Brownley (CA) (Clark (MA))
Bustos (Kuster (NH))
Carson (IN) (Cleaver)
Castro (TX) (Garcia (TX))
Cisneros (Correa)
Clay (Cleaver)
Cohen (Beyer)
Costa (Cooper)
Courtney (Hayes)
DeGette (Blunt Rochester)
DeSaulnier (Matsui)
Doyle, Michael F. (Cartwright)
Escobar (Garcia (TX))
Frankel (Clark (MA))
Garamendi (Sherman)
Gonzalez (TX) (Gomez)
Grijalva (Garcia (IL))
Hastings (Wasserman Schultz)
Higgins (NY) (Sanchez)
Jayapal (Raskin)
Johnson (TX) (Jeffries)
Keating (Kuster (NH))
Kind (Beyer)
Kirkpatrick (Stanton)
Langevin (Lynch)
Larson (CT) (Hayes)
Lawrence (Kildee)
Lawson (FL) (Demings)
Lieu, Ted (Beyer)
Lofgren (Jeffries)
Lowenthal (Beyer)
Lowey (Jeffries)
McEachin (Wexton)
Meng (Kuster (NH))
Moore (Beyer)
Nadler (Jeffries)
Napolitano (Correa)
Norcross (Sires)
Payne (Wasserman Schultz)
Perlmutter (Neguse)
Peterson (McCollum)
Pingree (Kuster (NH))
Pocan (Raskin)
Porter (Wexton)
Price (NC) (Butterfield)
Rooney (FL) (Beyer)
Rose (NY) (Golden)
Roybal-Allard (Bass)
Ruiz (Dingell)
Rush (Underwood)
Ryan (Kildee)
Schrier (Kilmer)
Serrano (Jeffries)
Speier (Scanlon)
Titus (Connolly)
Tonko (Morelle)
Vargas (Correa)
Watson Coleman (Pallone)
Welch (McGovern)
Wilson (FL) (Hayes)
____________________