Sec. 107. Requirements for apprenticeship programs and employment of targeted workers
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/bill/115/s/987/is/section-107·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term qualified apprenticeship or other training program means— an apprenticeship or other training program that qualifies as an employee welfare benefit plan (as defined in section 3 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002 )), in which— not later than 18 months after the date of enactment of this Act, not less than 50 percent of participating first-year apprentices or trainees are projected to be targeted workers; and not later than 4 years after the date of enactment of this Act, not less than 30 percent of all apprentices or trainees are projected to be targeted workers; and in any case in which the Secretary of Labor certifies that a qualified apprenticeship or other training program described in subparagraph
(A)for a craft or trade classification of workers that a prospective contractor or subcontractor intends to employ is not operated in the locality in which a project will be performed, an apprenticeship or other training program that is not an employee welfare benefit plan (as so defined) if the Secretary of Labor determines that the apprenticeship or other training program— is registered with the Office of Apprenticeship of the Department of Labor or a State apprenticeship agency recognized by the Office of Apprenticeship for Federal purposes; and meets the requirements of subparagraph (A). The term targeted worker means an individual who— resides in the same labor market area (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )) as the area in which the applicable project will be carried out; and is— a member of a targeted group (within the meaning of section 51 of the Internal Revenue Code of 1986) and resides in a census tract in which not less than 20 percent of the households have incomes that are below the most recent annual Federal Poverty Income Guidelines published by the Department of Health and Human Services; a member of a family that received an annual family income that, during the 2-year period prior to employment on the project or admission to the preapprenticeship program, did not exceed 200 percent of the most recent annual Federal Poverty Income Guidelines published by the Department of Health and Human Services, excluding— unemployment compensation; child support payments; cash payments under a Federal, State, or local income-based public assistance program; and benefits under the old-age, survivors, and disability insurance benefits program established under title II of the Social Security Act ( 42 U.S.C. 401 et seq.); or a member of a disadvantaged community. Each contractor and subcontractor on any contract for construction services for a project funded directly by, or assisted in whole or in part by or through, the Federal Government pursuant to this Act or an amendment made by this Act shall agree to provide not less than 1 percent of the contract amount to fund preapprenticeship programs that— demonstrate the ability to recruit, train, and prepare for admission to apprenticeship programs individuals who qualify as targeted workers; and arrange to provide individuals who successfully complete the preapprenticeship program to qualified apprenticeship or other training programs. Each contractor and subcontractor that seeks to provide construction services on projects funded directly by, or assisted in whole or in part by or through, the Federal Government pursuant to this Act or an amendment made by this Act shall submit adequate assurances with the bid or proposal of the contractor or subcontractor that the contractor or subcontractor participates in a qualified apprenticeship or other training program for each craft or trade classification of worker that the contractor or subcontractor intends to employ to perform work on the project. Each contractor and subcontractor on each project funded directly by, or assisted in whole or in part by or through, the Federal Government pursuant to this Act or an amendment made by this Act shall— to the maximum extent practicable, ensure that not less than 15 percent of all hours worked by newly hired laborers and mechanics employed on the project be performed by targeted workers; and establish a goal that at least 30 percent of all hours worked by newly hired laborers and mechanics employed on the project be performed by targeted workers. For purposes of this subsection, contractors and subcontractors may rely on the identification of individuals as targeted workers by a qualified apprenticeship or other training program.
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Sec. 107
Requirements for apprenticeship programs and employment of targeted workers
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