Library / Laws / 113th / s / S. 2859 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 2859
IN THE SENATE OF THE UNITED STATES
September 18, 2014Mrs. Murray introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
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 ApprenticeshipsSec. 101. Promoting registered apprenticeship
programs.Sec. 102. Promoting integration with postsecondary
education.TITLE II—Program development and enhancementSec. 201. Expanding registered apprenticeship
programs.TITLE III—Conforming amendmentsSec. 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.