Library / Laws / 113th / hr / H.R. 5533 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 5533
IN THE HOUSE OF REPRESENTATIVES
September 18, 2014
Mr. Pocan (for himself, Mr. George Miller of California, Ms. Norton, Mr. Grijalva, Mr. Blumenauer, Mr. Ellison, Ms. Moore, Mr. Serrano, Ms. Wilson of Florida, and Mr. Conyers) introduced the following bill; which was referred to the Committee on Education and the Workforce
A BILL
To promote apprenticeships for credentials and employment, and for other purposes.
1.
Short title and table of contents
(a)
Short title
This Act may be cited as the Promoting Apprenticeships for Credentials and Employment Act or the PACE Act.
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I—Promoting Registered Apprenticeships
Sec. 101. Promoting registered apprenticeship programs.
Sec. 102. Promoting integration with postsecondary education.
TITLE II—Program development and enhancement
Sec. 201. Expanding registered apprenticeship programs.
TITLE III—Conforming amendments
Sec. 301. Amendments.
2.
Findings and purposes
(a)
Findings
Congress finds the following:
(1) 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.
(2) The registered apprenticeship program 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.
(3) 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.
(4) 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.
(5) According to a report from the Georgetown University Center on Education and the Workforce, by
2018,
the United States will face a shortage of workers with recognized
postsecondary credentials—shortages of 3,000,000 workers with degrees
and 4,700,000 workers with certificates.
(6) 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.
(7) A 2012 evaluation of registered apprenticeship programs in 10 States by Mathematica Policy Research
found that—
(A) individuals who completed registered apprenticeship programs earned over $240,000 more over their
careers than individuals not participating in such apprenticeship
programs;
(B) the estimated social benefits of registered apprenticeship programs exceeded their costs by more
than $49,000; and
(C) the tax return on every Federal Government dollar invested in registered apprenticeship programs
was $27.
(8) An evaluation in Washington State found the following:
(A) Registered apprenticeship programs have been among the most effective workforce development
programs, with the highest impact and the greatest return on investment of
any such program.
(B) For each individual who completes a registered apprenticeship program, over the individual's
career, there is a 90-to-1 return on investment, for a total net benefit
of just over $300,000 for that career.
(C) The general public also receives a lifetime return on investment of 23-to-1, or around $80,000, for
each person completing a registered apprenticeship program.
(b)
Purposes
The purposes of this Act are—
(1) to increase the number of highly skilled workers in the United States, particularly in in-demand
industry sectors and occupations;
(2) to increase the attainment of recognized postsecondary credentials by participants;
(3) to increase awareness about the value of the registered apprenticeship program model as an
effective earn-and-learn model for students, workers, and employers;
(4) to support the development of registered apprenticeship programs with employers, joint labor
management partnerships, and other program sponsors, that offer jobs that
lead to economic self-sufficiency;
(5) to support the development and expansion of pre-apprenticeship programs that lead to success in a
registered apprenticeship program; and
(6) to support a closer alignment between registered apprenticeship programs, the workforce development
system, and postsecondary education.
3.
Definitions
In this Act:
(1)
Administrator
The term Administrator means the Administrator of the Office of Apprenticeship appointed under section 101(a).
(2)
Career pathway
The term career pathway means a combination of rigorous and high-quality education, training, and other services that—
(A) aligns with the skill needs of industries in the economy of the State or regional economy involved;
(B) prepares an individual to be successful in any of a full range of secondary or postsecondary
education options, including apprenticeships 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.) (referred to individually in this Act as an apprenticeship);
(C) includes counseling to support an individual in achieving the individual’s education and career
goals;
(D) includes, as appropriate, education offered concurrently with and in the same context as workforce
preparation activities and training for a specific occupation or
occupational cluster;
(E) organizes education, training, and other services to meet the particular needs of an individual in
a manner that accelerates the educational and career advancement of the
individual to the extent practicable;
(F) enables an individual to attain a secondary school diploma or its recognized equivalent, and at
least 1 recognized postsecondary credential; and
(G) helps an individual enter or advance within a specific occupation or occupational cluster.
(3)
Educational service agency
The term educational service agency—
(A) has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801); and
(B) includes a consortium of those agencies.
(4)
High school
The term high school means a nonprofit institutional day or residential school that—
(A) provides secondary education, as determined under State law;
(B) grants a diploma, as defined by the State; and
(C) includes, at least, grade 12.
(5)
In-demand industry sector or occupation
(A)
In general
The term in-demand industry sector or occupation means—
(i) an industry sector that has a substantial current or potential impact (including through jobs that
lead to economic self-sufficiency and opportunities for advancement) on
the State, regional, or local economy, as appropriate, and that
contributes to the growth or stability of other supporting businesses, or
the growth of other industry sectors; or
(ii) an occupation that currently has or is projected to have a number of positions (including positions
that lead to economic self-sufficiency and opportunities for advancement)
in an industry sector so as to have a significant impact on the State,
regional, or local economy, as appropriate.
(B)
Determination
The determination of whether an industry sector or occupation is in-demand under this paragraph
shall be made by the State board or local board, as appropriate, using
State and regional business and labor market projections, including the
use of labor market information.
(6)
National apprenticeship system
The term national apprenticeship system means the collective group of registered apprenticeship programs and pre-apprenticeship programs
in the Nation (including the rules and regulations governing the 2 types
of programs).
(7)
Postsecondary educational institution
The term postsecondary educational institution has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801).
(8)
Pre-apprenticeship program
The term pre-apprenticeship program means a program or set of strategies that—
(A) is designed to prepare individuals to enter and succeed in a registered apprenticeship program;
(B) is carried out by an entity that has a documented partnership with at least 1 sponsor of a
registered apprenticeship program; and
(C) includes each of the following elements:
(i) Training (including a curriculum for the training), aligned with industry standards and approved by
the documented partnership, that will prepare individuals by teaching the
skills and competencies needed to enter one or more registered
apprenticeship programs.
(ii) Provision of hands-on training and theoretical education to individuals in a simulated laboratory
experience or volunteer opportunity that—
(I) accurately simulates the industry and occupational conditions of the registered apprenticeship
program described in subparagraph (B);
(II) is carried out in a manner that includes proper observation of supervision and safety protocols;
and
(III) is carried out in a manner that does not displace a paid employee.
(iii) A formal agreement with a sponsor of a registered apprenticeship program that would enable
participants who successfully complete the pre-apprenticeship program to
enter directly into the registered apprenticeship program (if a place in
the program is available), and includes agreements concerning earning
credit for skills and competencies acquired during the pre-apprenticeship
program.
(9)
Recognized postsecondary credential
The term recognized postsecondary credential means a credential consisting of an industry-recognized certificate or certification, a
certificate of completion of an apprenticeship, a license recognized by
the State involved or Federal Government, or an associate or baccalaureate
degree.
(10)
Registered apprenticeship program
The term registered apprenticeship program means a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(11)
Secretary
Except as provided in section 102 or as otherwise modified, the term Secretary means the Secretary of Labor, acting through the Administrator.
(12)
Sponsor
The term sponsor means—
(A) with respect to a registered apprenticeship program, an employer, joint labor management
partnership, trade association, labor organization, or other entity that
administers the registered apprenticeship program; and
(B) with respect to a pre-apprenticeship program, an entity that administers the pre-apprenticeship
program.
I
Promoting Registered Apprenticeships
101.
Promoting registered apprenticeship programs
(a)
Establishment of the Office of Apprenticeship
(1)
Office
There is established, in the Employment and Training Administration of the Department of Labor, an
Office of Apprenticeship.
(2)
Administrator
The Office shall be headed by an Administrator of the Office of Apprenticeship appointed by the
Assistant Secretary for Employment and Training. The Assistant Secretary
shall appoint an individual who has the demonstrated knowledge of
registered apprenticeship programs necessary to serve as the
Administrator.
(3)
Responsibilities
The Administrator, through the Office of Apprenticeship, shall carry out responsibilities
including—
(A) determining whether an apprenticeship program meets the requirements to become a registered
apprenticeship program and maintains the standards necessary to remain a
registered apprenticeship program;
(B) managing the national apprenticeship system;
(C) carrying out activities under subsection (b) to promote high-quality pre-apprenticeship programs;
(D) promoting awareness about registered apprenticeship programs, including carrying out activities
under subsection (c);
(E) promoting greater diversity in registered apprenticeship programs and pre-apprenticeship programs,
including by promoting outreach to underrepresented populations and
veterans and supporting the development of apprenticeship models for
nontraditional occupations;
(F) providing for evaluations and research, as described in subsection (e); and
(G) providing technical assistance to sponsors of registered apprenticeship programs, entities who are
interested in developing and becoming sponsors of registered
apprenticeship programs, and sponsors of pre-apprenticeship programs.
(b)
Supporting the development of pre-Apprenticeship programs
(1)
Support
The Secretary shall support the development of pre-apprenticeship programs.
(2)
Grants
(A)
In general
Using funds available under subsection (f), the Secretary shall make grants on a competitive basis
to eligible entities, to provide the Federal share of the cost of carrying
out projects that support that development.
(B)
Period
The Secretary shall make initial grants under this paragraph for periods of not more than 3 years,
except that if an eligible entity demonstrates satisfactory performance
under paragraph (7) by the end of that third year, the Secretary may
extend the grant period up to an additional 2 years for that entity.
(C)
Recipients
(i)
Qualified organizations
In a State without a State apprenticeship agency, a qualified organization may serve as an eligible
entity, and may receive a grant under this subsection.
(ii)
State apprenticeship agencies
In a State with a State apprenticeship agency, a qualified organization may serve as an eligible
entity. The agency shall receive a grant under this subsection on behalf
of the eligible entity, and act as a fiscal agent for the entity.
(3)
Qualified organizations
To be considered a qualified organization under this subsection, an organization shall be a
public-private partnership consisting of—
(A) a local educational agency, high school, 2- or 4-year postsecondary educational institution, or
consortium of such entities; and
(B) representatives of—
(i) in a State with a State apprenticeship agency, that agency;
(ii) an industry or business, consisting of an employer, a group of employers, or an industry group that
sponsor a registered apprenticeship program or are interested in
supporting or establishing a registered apprenticeship program;
(iii) a labor organization;
(iv) a State or local workforce investment board (established under subtitle B of title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.));
(v) an entity carrying out a registered apprenticeship program;
(vi) a community-based organization that provides pre-apprenticeship programs, as appropriate; and
(vii) a 2- or 4-year postsecondary educational institution or consortium of such institutions, if such an
institution or consortium is not a partner under subparagraph (A).
(4)
Applications
To be eligible to receive a grant from the Secretary under this subsection, an eligible entity
(including, in a State with a State apprenticeship agency, that agency,
acting on behalf of an eligible entity) shall submit an application to the
Secretary at such time, in such manner, and containing such information as
the Secretary may require, including—
(A) information on the quality of the proposed pre-apprenticeship program, including the training and
curriculum described in section 3(9)(C)(i), and how it makes individuals
who successfully complete the pre-apprenticeship program qualified to
enter into an established registered apprenticeship program;
(B) evidence that there are or will be sufficient openings available in the registered apprenticeship
program referenced in (A) to enable the registered apprenticeship program
sponsor to place into that program those individuals who successfully
complete the pre-apprenticeship program;
(C) information about the organization that demonstrates the existence of an active, advisory
partnership between the partners described in subparagraphs (A) and (B),
of paragraph (3) and the organization’s capacity to provide the training
and education services necessary for a pre-apprenticeship program; and
(D) information about the proposed pre-apprenticeship program that demonstrates—
(i) that the program is in an in-demand industry or occupation in the region in which the project is
located;
(ii) the use of integrated work-based and academic learning that includes training in the workplace;
(iii) the inclusion of career exploration focused activities, such as job shadowing, career information
activities, and resume preparation, in the program;
(iv) if the eligible entity carrying out the project includes a high school, that the model to be used
for the program leads to a high school diploma for participants without
such a diploma;
(v) that the project aligns with an established registered apprenticeship program, including that the
model used for the program leads to the attainment of skills and
competencies necessary for entrance into the registered apprenticeship
program for participants; and
(vi) how the eligible entity will facilitate access through the program to the appropriate support
services for participants, including facilitating access through
partnerships with entities providing such services.
(5)
Use of funds
(A)
In general
An eligible entity that receives a grant under this subsection shall use the grant funds to carry
out a project that implements a pre-apprenticeship program in an
organization specified in paragraph (3) (other than paragraph (3)(B)(i))
that is part of the eligible entity, or a consortium of such entities.
(B)
Required activities
The eligible entity shall use the grant funds—
(i) to pay for the cost of training or education associated with the pre-apprenticeship program;
(ii) to provide student stipends during work-based training in the project;
(iii) for curriculum development that align with the requirements of the appropriate registered
apprenticeship programs and learning assessments;
(iv) to maintain a connection between the pre-apprenticeship program and registered apprenticeship
program;
(v) to promote the pre-apprenticeship program to potential participants; and
(vi) to conduct evaluations described in paragraph (7)(B).
(C)
Allowable activities
The eligible entity may use the grant funds for teacher training, including providing externship
opportunities for teachers to learn about the skill needs of the industry
or occupation that the pre-apprenticeship program focuses on.
(6)
Federal share
(A)
In general
The Federal share of the cost described in paragraph (2)(A) shall be 75 percent.
(B)
Non-Federal share
The eligible entity may contribute the non-Federal share of the cost in cash or in-kind, fairly
evaluated, including plant, equipment, or services.
(7)
Performance
(A)
Measures
The Secretary shall identify a set of common measures that, at a minimum, include measures of entry
into a registered apprenticeship program and that are aligned with the
performance measures described in section 136(c) of the Workforce
Investment Act of 1998 (29 U.S.C. 2871(c)) for the local workforce
investment area (designated under section 116 of such Act (29 U.S.C.
2831)) involved.
(B)
Evaluations
Each eligible entity that receives a grant to carry out a project under this subsection shall
annually conduct, or arrange for another entity to conduct, an evaluation
of the project using the identified common measures, and shall, to the
extent practicable, cooperate with the Secretary in any evaluations of
activities carried out under this section.
(C)
Extensions
The Secretary shall use the results of an evaluation for a project to determine whether to extend
the grant period, or renew a grant, for the project under paragraph
(2)(B).
(c)
Promoting awareness of registered apprenticeship programs
(1)
Information for State and local boards
To promote awareness about registered apprenticeship programs within the workforce development
system, the Secretary shall disseminate information on the value of
registered apprenticeship programs, to State and local workforce
investment boards described in subsection (b)(3)(B)(iv), which information
shall include—
(A) a list of registered apprenticeship programs in the State involved;
(B) guidance for training staff of the workforce development system within the State on the value of
registered apprenticeship programs, including relevant placement,
retention and earnings information, as a training option for participants;
(C) guidance on how individual training accounts under section 134(d)(4) of the Workforce Investment
Act of 1998 (29 U.S.C. 2864(d)(4)) could be used by participants for a
registered apprenticeship program; and
(D) guidance on how performance measures under section 136 of the Workforce Investment Act of 1998 (29
U.S.C. 2871) apply to participants in registered apprenticeship programs,
including relevant placement, retention and earnings information.
(2)
Information for industry groups and labor organizations
To promote awareness about registered apprenticeship programs to workers and employers, the
Secretary shall provide information about the value of registered
apprenticeship programs, including relevant placement, retention and
earnings information, through the one-stop delivery systems described in
section 121 of the Workforce Investment Act of 1998 (29 U.S.C. 2841), to
industry groups and to labor organizations, which information shall
include, at a minimum—
(A) a list of registered apprenticeship programs in the State;
(B) information on how to develop a registered apprenticeship program; and
(C) information on financial resources available to assist with the establishment and implementation of
registered apprenticeship programs.
(3)
Information for students and schools
To promote awareness about registered apprenticeship programs among students and school staff, the
Secretary, in cooperation with the Secretary of Education, shall
disseminate information on the value of registered apprenticeship
programs, including relevant placement, retention and earnings
information, to high schools, 2- and 4-year postsecondary educational
institutions, and educational service agencies, which information shall
include, at a minimum—
(A) a parent guide to understanding registered apprenticeship programs and postsecondary education;
(B) a student guide to understanding registered apprenticeship programs as part of a career pathway;
(C) a guide, for career and academic counselors, to understanding registered apprenticeship programs as
a postsecondary education option for students; and
(D) information for school administrators, workforce and economic development coordinators, and
teachers and faculty that will assist with the development,
implementation, and continuation of registered apprenticeship programs.
(d)
Secretary’s National Advisory Committee on Apprenticeships
(1)
Establishment
(A)
In general
There is established in the Department of Labor a National Advisory Committee on Apprenticeships,
referred to in this section as the Advisory Committee.
(B)
Composition
The Advisory Committee shall have—
(i) 21 voting members appointed by the Secretary, composed of—
(I) 7 representatives of employers who participate in a registered apprenticeship program, including
employers who participate in a registered apprenticeship program sponsored
by a joint labor-management partnership;
(II) 7 representatives of labor organizations who have responsibility for the administration of a
registered apprenticeship program sponsored by a joint labor-management
partnership; and
(III) 7 representatives of State apprenticeship agencies, community organizations with significant
experience with a registered apprenticeship program, and 2- or 4-year
postsecondary educational institutions with at least 1 articulation
agreement with the entity administering a registered apprenticeship
program; and
(ii) members who are ex officio nonvoting representatives from the Departments of Labor, Commerce,
Education, Energy, Housing and Urban Development, and Health and Human
Services.
(C)
Qualifications
The members shall be selected upon the basis of their experience and competence concerning
apprenticeships.
(D)
Terms
The Secretary shall appoint the members for terms of 4 years.
(2)
Chairperson
The Secretary shall designate one of the members of the Advisory Committee to serve as Chairperson
of
the Advisory Committee.
(3)
Meetings
The Advisory Committee shall hold not fewer than 2 meetings during each calendar year. All meetings
of the Advisory Committee shall be open to the public. A transcript shall
be kept of each meeting and made available for public inspection.
(4)
Duties
The Advisory Committee shall advise, consult with, and make recommendations to the Secretary on
matters relating to the administration of this title 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.).
(5)
Personnel
(A)
Procurement
(i)
In general
The Chairperson of the Advisory Committee may procure the temporary and intermittent services of
voting members of the Advisory Committee under section 3109(b) of title 5,
United States Code, at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of such title.
(ii)
Officers or employees of the United States
All members of the Advisory Committee who are officers or employees of the United States shall
serve without compensation in addition to that received for their services
as officers or employees of the United States.
(B)
Staff
The Secretary shall supply the Committee with an executive secretary and provide such secretarial,
clerical, and other services as the Secretary determines to be necessary
to enable the Advisory Committee to conduct its business.
(6)
Permanent committee
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee.
(e)
Evaluations and research
(1)
Evaluations of programs and activities carried out under this title
For the purpose of improving the management and effectiveness of the programs and activities
carried out under this title, the Secretary shall provide for the
continuing evaluation, by an independent entity, of the programs and
activities, including activities carried out under subsection (a)(3)(C).
Such evaluations shall address—
(A) the general effectiveness of such programs and activities in relation to their cost, including the
extent to which the programs and activities—
(i) improve the skill and employment competencies of participants in comparison to comparably situated
individuals who did not participate in such programs and activities; and
(ii) to the extent feasible, increase the level of total employment and recognized postsecondary
credential attainment over the level that would have existed in the
absence of such programs and activities;
(B) the impact of the programs and activities for the participants, sponsors, and employers;
(C) the return on investment of Federal funding for the programs and activities;
(D) the longitudinal outcomes for participants in the programs and activities; and
(E) the impact of specific policies on the general effectiveness of such programs and activities.
(2)
Research
The Secretary may conduct, through an independent entity, research on best practices in registered
apprenticeship programs and pre-apprenticeship programs and other issues
relating to such programs.
(3)
Techniques
Evaluations and research conducted under this subsection shall utilize appropriate methodology and
research designs.
(4)
Reports
The independent entity carrying out the evaluations described in paragraph (1) or research
described in paragraph (2) shall prepare and submit to the Secretary a
draft report and a final report containing the results of the evaluations
or research, respectively, and including policy recommendations. The draft
and final reports shall be made available for public inspection.
(5)
Reports to Congress
Not later than 60 days after the completion of such final report, the Secretary shall transmit the
final report to the Committee on Education and the Workforce of the House
of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate.
(6)
Public access
(A)
Public access procedure
The Secretary shall develop a mechanism to make research and curricula developed under this title
publically available in a timely manner.
(B)
Curriculum
An eligible entity that develops a curriculum under this title shall make the curriculum available
to the Secretary. Using the mechanism established under subparagraph (A),
the Secretary shall make such curriculum accessible to providers of
pre-apprenticeship programs and to the public.
(f)
Reservation
The Secretary may reserve not more than 5 percent of the funds appropriated under subsection (g)
for each fiscal year for Federal administration and management, technical
assistance, and evaluation and research activities.
(g)
Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as may be necessary for
fiscal year 2015 and each subsequent fiscal year.
102.
Promoting integration with postsecondary education
(a)
Definitions
In this section:
(1)
Consortium
The term consortium means the Registered Apprenticeship-College Consortium established under subsection (b)(1).
(2)
Secretaries
The term Secretaries means the Secretary of Labor, acting through the Administrator, working jointly with the Secretary
of Education, acting through the Assistant Secretary for Vocational and
Adult Education.
(b)
Consortium with 2- and 4-Year postsecondary educational institutions
(1)
Establishment
The Secretaries shall establish and maintain a voluntary Registered Apprenticeship-College
Consortium. The Consortium shall consist of the sponsors carrying out
registered apprenticeship programs, 2- or 4-year postsecondary educational
institutions, and organizations that represent such programs or
institutions, that agree to meet certain criteria in order to support the
purposes described in paragraph (2).
(2)
Purposes
The Consortium shall support the purposes of—
(A) promoting stronger connections between the registered apprenticeship programs involved and
participating 2- and 4-year postsecondary educational institutions;
(B) promoting the translation of experience in a registered apprenticeship program to academic credit
at participating 2- and 4-year postsecondary educational institutions;
(C) facilitating the enrollment of an individual who has completed a registered apprenticeship program
(referred to in this section as an apprentice) at a participating 2- or 4-year postsecondary educational institution for the purpose of
attaining academic credit toward an associate’s or more advanced degree;
(D) advancing the attainment of associate’s and more advanced degrees by apprentices;
(E) promoting the attainment of recognized postsecondary credentials with value in the labor market;
and
(F) expanding awareness about the value of registered apprenticeship programs as a postsecondary
education option.
(3)
Participant requirements
The Secretaries shall establish criteria that any interested 2- or 4-year postsecondary educational
institution or sponsor shall meet in order to participate in the
Consortium, which criteria shall include, at a minimum—
(A) for a 2- or 4-year postsecondary educational institution—
(i) agreement to recognize the academic credit (as assessed under subparagraph (B)(i)) earned by an
apprentice for, and the assessment of the apprentice’s learning in, a
registered apprenticeship program at another participating institution;
(ii) agreement to develop a formal articulation agreement with a participating sponsor of a registered
apprenticeship program, other than a 2- or 4-year postsecondary
educational institution; and
(iii) agreement to provide certain information, as determined by the Secretaries, to the Consortium; and
(B) for a sponsor—
(i) agreement to participate in third-party evaluations of the quality and rigor of the program
offerings in order to determine the value of academic credit for learning
during a registered apprenticeship program;
(ii) agreement to develop a formal articulation agreement with a participating 2- or 4-year
postsecondary educational institution; and
(iii) agreement to provide certain information, as determined by the Secretaries, to the Consortium.
(4)
Memorandum of understanding
(A)
In general
In order to participate in the Consortium, interested 2- or 4-year postsecondary educational
institutions and sponsors shall agree to meet certain conditions
determined by the Secretaries.
(B)
Conditions
Such conditions shall address, at a minimum—
(i) how learning during a registered apprenticeship program, including related instruction and
on-the-job training, will be assessed for academic credit;
(ii) how programs and procedures, especially those related to admissions, credit transfer, and
recognition of such learning will be structured to support accessibility
for apprentices;
(iii) how the structure and scheduling of courses will be developed in a way that supports the
matriculation of apprentices; and
(iv) how residency requirements will be modified to support the transferability of credit earned by
apprentices.
(5)
Publicly available information
The Secretaries shall maintain a publicly accessible website identifying, at a minimum—
(A) the participating members of the Consortium in each State, including those with established
articulation agreements;
(B) a model for articulation agreements, and copies of some exemplary articulation agreements for
illustrative purposes; and
(C) such other information as the Secretaries determine to be necessary to promote awareness of the
Consortium and its members.
(6)
Advisory committee
(A)
Establishment
The Secretaries shall establish an advisory committee for the Consortium.
(B)
Composition
The advisory committee shall be composed of members appointed by the Secretaries, consisting of—
(i) representatives of 2- or 4-year postsecondary educational institutions;
(ii) representatives of sponsors; and
(iii) a representative from the Advisory Committee described in section 101(d).
(C)
Term
Members of the advisory committee shall serve for a term of 2 years.
(D)
Duties
Such advisory committee shall seek input from organizations and experts representing industry,
labor, and postsecondary education, and shall make recommendations to the
Consortium and the Secretary regarding actions necessary to achieve the
objectives of this subsection.
(E)
Travel expenses
The members of the advisory committee shall not receive compensation for the performance of
services for the committee, but shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of business in
the performance of services for the Committee. Notwithstanding section
1342 of title 31, United States Code, the Secretary may accept the
voluntary and uncompensated services of members of the advisory committee.
(F)
Permanent committee
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory
committee.
(7)
Use of funds
(A)
Administrative
The Secretaries shall use 30 percent of the funds appropriated under subsection (c) to establish
and maintain the Consortium and the website referred to in paragraph (5),
to support the advisory committee referred to in paragraph (6), and for
technical assistance, evaluation, and research activities.
(B)
For program participants
The Secretaries shall use 70 percent of the appropriated funds to carry out, directly or by grant
or contract with an eligible entity, activities consisting of—
(i) providing funding to Consortium participants to support the development of articulation agreements
with other Consortium participants;
(ii) providing funding to the Consortium to support the assessment of learning during a registered
apprenticeship program, for academic credit;
(iii) providing funding to the Consortium to support third-party assessments of the quality and rigor of
program offerings, referred to in paragraph (3)(B)(i);
(iv) providing curriculum development, for participating institutions and sponsors; and
(v) carrying out other purposes that will help participating 2- and 4-year postsecondary educational
institutions and sponsors meet the requirements of paragraphs (3) and (4).
(C)
Eligible entities
To be eligible to receive a grant or contract under subparagraph (B), an entity shall be a
partnership comprised of—
(i) at least one 2- or 4-year postsecondary educational institution participating in the Consortium;
and
(ii) at least one sponsor of a registered apprenticeship program participating in the Consortium.
(c)
Authorization of appropriations
(1)
Fiscal year 2015
There is authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2015.
(2)
Subsequent fiscal years
(A)
Authorization
There is authorized to be appropriated to carry out this section for each fiscal year subsequent to
fiscal year 2015 the amount determined under subparagraph (B) for the
fiscal year involved.
(B)
Adjustment for inflation
The amount referred to in subparagraph (A) for a fiscal year shall be determined by multiplying—
(i) the amount authorized under this subsection for the preceding fiscal year; by
(ii) the percentage change in the Consumer Price Index for All Urban Consumers during the annual
interval immediately preceding the date on which the determination is
made.
II
Program development and enhancement
201.
Expanding registered apprenticeship programs
(a)
In general
The Secretary shall provide payments of assistance for eligible sponsors of new (as of the date of
submission of an application under subsection (b)) registered
apprenticeship programs, or for sponsors of existing joint
labor-management registered apprenticeship programs that add employers as
new (as of such date) partners.
(b)
Applications
To be eligible to receive payments under this section for a registered apprenticeship program, a
sponsor shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may require,
including information on how the activities carried out under the grant
would enhance and expand the registered apprenticeship system, such as
extending registered apprentice programs into new industries and
occupations, and including information demonstrating that, as of the date
the sponsor submitted an application under this section—
(1) for a new registered apprenticeship program, the program received recognition as a registered
apprenticeship program within the 36 months preceding that date;
(2) the sponsor offered jobs that lead to economic self-sufficiency, as determined by a local workforce
investment board established under section 117 of the Workforce Investment
Act of 1998 (29 U.S.C. 2832) located in the same local workforce
investment area (as designated under section 116 of such Act (29 U.S.C.
2831));
(3) the sponsor has demonstrated success in enrolling, instructing, advancing, and graduating
individuals in the relevant registered apprenticeship program, and in the
employment of such individuals after completion of the program; and
(4) the sponsor had not received a payment under subsection (d).
(c)
Use of funds
In providing assistance under this section, the Secretary shall arrange to provide payments for
eligible sponsors, as funds are available under this section. Funds made
available through such a payment shall be used to reimburse an eligible
sponsor for the allowable costs (as determined by the Secretary) of
operating the registered apprenticeship program involved. The maximum
total payment to any one sponsor may not exceed $5,000 or 50 percent of
the allowable costs of operating the program.
(d)
Disbursement through local boards
The Secretary shall enter into arrangements with the local workforce investment boards described in
subsection (b)(2) to provide the payments to the eligible sponsors.
(e)
Evaluations
Sponsors receiving grants under this section shall, to the extent practicable, cooperate with the
Secretary in the conduct of evaluations of the activities carried out
under this section.
(f)
Authorization of appropriations
(1)
In general
There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2015
and each subsequent fiscal year.
(2)
Reservation
The Secretary may reserve 5 percent of the amount appropriated under paragraph (1) for a fiscal
year for distribution to the local workforce investment boards, to pay for
the costs of the boards associated with making determinations under
subsection (b)(2) and disbursements under subsection (d), and as funds
remain available, other costs of Federal administration and management,
technical assistance, research and evaluation under this section.
III
Conforming amendments
301.
Amendments
(a)
References
(1) Section 3(7) is amended by striking section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) and inserting section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(2) Section 101 is amended—
(A) in subsection (b)—
(i) in paragraph (3)(B)(iv), by striking State or local workforce investment board (established under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.)) and inserting State or local workforce development board (established under subtitle A of title I of the
Workforce Innovation and Opportunity Act); and
(ii) in paragraph (7)(A), by striking performance measures described in section 136(c) of the Workforce Investment Act of 1998 (29 U.S.C.
2871(c)) for the local workforce investment area (designated under section
116 of such Act (29 U.S.C. 2831)) and inserting (before July 1, 2016) performance measures described in section 136(c) of the Workforce Investment
Act of 1998 (29 U.S.C. 2871(c)) for the local workforce investment area
(designated under section 116 of such Act (29 U.S.C. 2831)) or (after June
30, 2016) performance accountability measures described in section 116(c)
of the Workforce Innovation and Opportunity Act for the local workforce
development area (meaning a local area, as defined in section 3 of such
Act); and
(B) in subsection (c)—
(i) in paragraph (1)—
(I) in the matter preceding subparagraph (A), by striking State and local workforce investment boards and inserting State and local workforce development boards;
(II) in subparagraph (C), by striking section 134(d)(4) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)) and inserting section 134(c)(3) of the Workforce Innovation and Opportunity Act; and
(III) in subparagraph (D), by striking performance measures under section 136 of the Workforce Investment Act of 1998 (29 U.S.C. 2871) and inserting (before July 1, 2016) performance measures under section 136 of the Workforce Investment Act of
1998 (29 U.S.C. 2871) or (after June 30, 2016) performance accountability
measures under section 116 of the Workforce Innovation and Opportunity Act; and
(ii) in paragraph (2), in the matter preceding subparagraph (A), by striking section 121 of the Workforce Investment Act of 1998 (29 U.S.C. 2841) and inserting section 121 of the Workforce Innovation and Opportunity Act.
(3) Section 201 is amended—
(A) in subsection (b)(2), by striking local workforce investment board established under section 117 of the Workforce Investment Act of
1998 (29 U.S.C. 2832) located in the same local workforce investment area
(as designated under section 116 of such Act (29 U.S.C. 2831)) and inserting local workforce development board (meaning a local board, as defined in section 3 of the Workforce
Innovation and Opportunity Act) located in the same local workforce
development area (meaning a local area, as defined in that section 3); and
(B) in subsections (d) and (f)(2), by striking local workforce investment boards and inserting local workforce development boards.
(b)
Effective date
This section takes effect on July 1, 2015.