Effective Apprenticeships to Rebuild National Skills Act
A BILL
To promote effective registered apprenticeships, for skills, credentials, and employment, and for other purposes.
Sec. 2 Findings and purposes
Findings— Congress finds the following:
A highly skilled workforce is necessary to compete in the global economy, support economic growth, and maintain the standard of living of the United States.
The registered apprenticeship model is a longstanding, on-the-job training and education model that prepares workers for the skill demands of particular occupations and employers while, at the same time, providing the workers with recognized, portable credentials, and wages while in training.
The registered apprenticeship program model has been successful in skilled trade industries, including construction and manufacturing, as well as service industries, such as health care, and holds great potential for expansion into other industries.
Registered apprenticeships are becoming increasingly innovative and diverse in their designs, partnerships, timeframes, and use of emerging concepts such as competency-based learning, and will continue to evolve to meet emerging skill requirements, while maintaining high standards and quality.
Registered apprenticeship programs are an essential element of an effective workforce development system and help individuals attain a recognized postsecondary credential, contributing to their personal economic sustainability.
According to a report from the Georgetown University Center on Education and the Workforce, by 2020 the United States will face a shortage of 5,000,000 workers with recognized postsecondary credentials.
According to a 2012 report from the Annie E. Casey Foundation, youth employment in the United States has reached the lowest point since World War II. More than 6,000,000 young people ages 16 through 24 are disconnected from school and work.
A 2012 evaluation of registered apprenticeship programs in 10 States by Mathematica Policy Research found that—
individuals who completed registered apprenticeship programs earned over $240,000 more over their careers than individuals not participating in such apprenticeship programs;
the estimated social benefits of registered apprenticeship programs, including additional productivity of apprentices and the reduction in governmental expenditures as a result of reduced use of unemployment compensation and public assistance, exceeded the costs of the programs by more than $49,000 per program; and
the tax return on every Federal Government dollar invested in registered apprenticeship programs was $27.
Purposes— The purposes of this Act are—
to increase the number of highly skilled workers in the United States, particularly in in-demand industry sectors and occupations;
to increase the attainment of recognized postsecondary credentials by participants;
to increase awareness about the value of the registered apprenticeship program model as an effective earn-and-learn model for students, workers, and employers;
to support the development and expansion of registered apprenticeship programs with employers, joint labor-management organizations, trade and professional associations, and other sponsors, that offer jobs that lead to economic self-sufficiency;
to support the development and expansion of effective pre-apprenticeship programs that lead to success in a registered apprenticeship program;
to support a closer alignment between registered apprenticeship programs, the workforce development systems, career and technical education providers, and postsecondary educational institutions, including institutions of higher education;
to support innovative models of effective work-based learning; and
to increase opportunities for individuals from all backgrounds and regions of the United States to participate in registered apprenticeships as part of a career pathway.
Sec. 3 Definitions
In this Act:
Administrator— The term Administrator means the Administrator of the Office of Apprenticeship referred to in section 111(b), or any person specifically designated by the Administrator to carry out the provision involved.
Apprentice— The term apprentice means a worker who—
is not younger than age 16, or (where a higher minimum age standard is specified by law) not younger than that age; and
is employed through an apprenticeship program that meets the required standards for an apprenticeship program as described in section 125.
Apprenticeship agreement— The term apprenticeship agreement means a written agreement—
that is between—
an apprentice; and
the apprentice's apprenticeship program sponsor; and
meets the requirements of section 128.
Apprenticeship laws— The term apprenticeship laws means—
this Act; and
the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
Apprenticeship program— The term apprenticeship program means a training program that—
is registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), and this Act; and
meets the standards of title I, including culminating in a certificate of completion from the registration agency and a recognized postsecondary credential.
Area career and technical education school— The term area career and technical education school has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
Career pathway— The term career pathway has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Competency— The term competency means the attainment of skills and knowledge in a manual, mechanical, or technical area, as specified by an occupational standard and demonstrated by an appropriate written and hands-on proficiency measurement.
Covered apprentice— The term covered apprentice means a participant in a covered apprenticeship program.
Covered apprenticeship program— The term covered apprenticeship program means an apprenticeship program, a pre-apprenticeship program, or a youth apprenticeship program.
Credit transfer agreement— The term credit transfer agreement means such an agreement within the meaning of section 3 of the Carl D. Perkins Career and Technical Education Act of 2006.
Department— The term Department means the Department of Labor.
Dual or concurrent enrollment program— The term dual or concurrent enrollment program has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Education provider— The term education provider means—
an area career and technical education school;
an early college high school, which has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801);
an educational service agency (including a collaborative of those agencies);
a high school;
a local educational agency or State educational agency;
an Indian tribe, tribal organization, or tribal educational agency;
a postsecondary educational institution;
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))); or
a consortium of entities described in any of subparagraphs (A) through (H).
Educational service agency— The term educational service agency—
means such an agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965; and
includes a collaborative of those agencies.
High school— The term high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965.
In-demand industry sector or occupation— The term in-demand industry sector or occupation has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Indian tribe; tribal organization— The terms Indian tribe and tribal organization have the meaning given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
Individual with a barrier to employment— The term individual with a barrier to employment has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act.
Industry or sector partnership— The term industry or sector partnership has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act.
Local area— The term local area has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act.
Local and State educational agencies— The terms local educational agency and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965.
Local and State workforce development boards— The terms local workforce development board and State workforce development board have the meanings given the terms local board and State board, respectively, in section 3 of the Workforce Innovation and Opportunity Act.
National apprenticeship system— The term national apprenticeship system means the collective group of apprenticeship programs, youth apprenticeship programs and pre-apprenticeship programs in the Nation (including the rules and regulations governing the 3 types of programs).
Postsecondary educational institution— The term postsecondary educational institution means—
an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and
a postsecondary vocational institution, as defined in section 102(c) of such Act (20 U.S.C. 1002(c)).
Pre-apprentice— The term pre-apprentice means a participant in a pre-apprenticeship program.
Pre-apprenticeship program— The term pre-apprenticeship program means a training model or program, or training according to a set of strategies, that—
is designed to assist individuals who do not meet the minimum qualifications for selection into an apprenticeship program, established in a sponsor's apprenticeship standards in accordance with section 127(6), to meet the qualifications;
is carried out by an entity that maintains a documented partnership with at least one sponsor of an apprenticeship program;
is a form of structured workplace education and training in which an employer, industry or sector partnership, industry association, labor organization, community-based organization, and education provider collaborate to provide formal instruction that will introduce participants to the skills, competencies, and materials used in one or more apprenticeable occupations;
is designed to prepare individuals to enter and succeed in an apprenticeship program;
is carried out in a manner that includes proper observation of supervision and safety protocols, including paid, on-the-job learning under the supervision of skilled employee mentors;
is carried out in a manner that does not displace a paid employee; and
includes each of the following elements:
Training and a curriculum that—
are based on and aligned with national, State, or local industry standards, with the quality of the training leading to such a standard reviewed by a recipient of Federal funds;
are reviewed and approved annually by the sponsors of apprenticeships within the documented partnership;
will prepare individuals, with the skills and competencies needed to enter one or more apprenticeship programs;
are aligned with career pathways;
include employability skills training, such as training through career and industry awareness workshops, training through job readiness courses, training for English Language Learners, adult basic education, or financial literacy, or math tutoring, as appropriate;
culminate in a recognized postsecondary credential, with the quality of the training leading to that credential reviewed by a recipient of Federal funds; and
accurately simulates the industry and occupational conditions of the apprenticeship program described in subparagraph (D).
Strong recruitment strategies focused on outreach to populations underrepresented at the State and local levels in apprenticeship programs, including individuals with barriers to employment.
Exposure of participants in such underrepresented populations to apprenticeship programs and provision of direct assistance to participants in such populations in applying to those programs.
Access to appropriate supportive services, as defined in section 3 of the Workforce Innovation and Opportunity Act, financial planning, and mentoring, and provision of first-day-of-work necessities.
Efforts to collaboratively promote the use of apprenticeship programs as a preferred means for employers to develop a skilled workforce and to create career opportunities for individuals.
Facilitated entry or articulation agreements that enable individuals who successfully complete the program described in this paragraph—
to enter directly into an apprenticeship program; or
to earn advanced placement or credit at a postsecondary educational institution for skills and competencies acquired during the program described in this paragraph.
A formal agreement with a sponsor of the apprenticeship program described in subparagraph (D) that would enable participants who successfully complete the program described in this paragraph to enter directly into the apprenticeship program (if a place in the program is available and other necessary requirements for acceptance are satisfied), and an agreement enabling participants to earn advanced placement or credit at a postsecondary educational institution for skills and competencies acquired during the program described in this paragraph, including basic academic and technical skills and competencies aligned with the apprenticeable occupation.
Program administrator— The term program administrator means the administrator of a pre-apprenticeship program or youth apprenticeship program, as the case may be.
Qualified intermediary—
In general— The term qualified intermediary means an entity, which may be part of an industry or sector partnership, that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph (B) in order for the entity to broker services, resources, and supports for development, delivery, expansion, or improvement of covered apprenticeship programs, and of the organizations and systems that are designed to serve covered apprentices and employer partners, including—
connecting employers to apprenticeship opportunities;
assisting in the design and implementation of covered apprenticeship programs, including curriculum development and delivery for related instruction;
supporting entities, and sponsors or program administrators, in meeting the registration and reporting requirements;
providing professional development activities such as training to mentors;
connecting students or workers to apprenticeship opportunities; and
developing and providing personalized covered apprentice supports, including supportive services and financial advising.
Partnerships— The partnerships described in this subparagraph are comprised of entities such as employers, community-based organizations, education providers, social service organizations, economic development organizations, Indian tribes or tribal organizations, and one-stop operators and one-stop partners in the State workforce development systems involved.
Recognized postsecondary credential— The term recognized postsecondary credential means a credential consisting of an industry-recognized certificate or certification, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree.
Registration agency— The term registration agency means—
the Office of Apprenticeship; or
a State apprenticeship agency.
Related instruction— The term related instruction means an organized and systematic form of instruction that—
is designed to provide a covered apprentice with the knowledge of the theoretical and technical subjects related to the apprentice's occupation; and
may be given—
in a classroom, through occupational or industrial courses, through correspondence courses of equivalent value, or through electronic media; or
through other forms of self-study approved by the registration agency involved.
Secretary— Except as otherwise modified, the term Secretary means the Secretary of Labor, acting through the Administrator.
Sponsor— The term sponsor means an employer, joint labor-management organization, trade association, professional association, labor organization, education provider, qualified intermediary, or other entity that administers and operates, or is applying to administer and operate, an apprenticeship program.
State— The term State has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
State apprenticeship agency— The term State apprenticeship agency means a State apprenticeship agency recognized by the Secretary under section 114.
Workforce development system— The term workforce development system has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act.
Youth apprentice— The term youth apprentice means a participant in a youth apprenticeship program.
Youth apprenticeship program— The term youth apprenticeship program means a structured program that—
is designed for youth apprentices who at the start of the program are eligible to be enrolled in high school; and
incorporates each of the following core elements:
Paid, on-the-job learning under the supervision of skilled employee mentors.
Related classroom-based instruction aligned with career pathways.
Ongoing assessment against established skill and competency standards.
Culmination in a recognized postsecondary credential, with the quality of the training leading to that credential reviewed by a recipient of Federal funds.
Leads to placement in further education, employment, or an apprenticeship program.