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Code · BILL · 116th Congress · H.R. 8391 (Introduced in House) — To support pre-apprenticeships and apprenticeships within the National Apprenticeship Act, specifically with regard t... · Sec. 3

Sec. 3. Definitions

1,139 words·~5 min read·/bill/116/hr/8391/ih/section-3·

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In this Act: The term apprentice means a worker who— is not younger than age 16, or (where a higher minimum age standard is specified by law) not younger than that age; and is employed through an apprenticeship program that meets the required standards for an apprenticeship program. The term apprenticeable occupation means an occupation which is specified by industry and which— involves skills that are customarily learned in a practical way through a structured, systematic program of on-the-job supervised learning; is clearly identified and commonly recognized throughout an industry; involves the progressive attainment of manual, mechanical, or technical skills and knowledge which, in accordance with the industry standard for the occupation, would require the completion of not less than 2,000 hours of on-the-job learning to attain, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the Secretary; and requires related instruction to supplement the on-the-job learning.
The term apprenticeship program includes a program that— is registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and culminates in a certificate of completion from the registration agency and a recognized postsecondary credential. The term eligible applicant means a consortium of entities that shall include 1 or more representatives from each of the following: A local educational agency, area career and technical education school, educational service agency, or postsecondary educational institution.
In a State with a State registration agency, that registration agency. An industry or business, consisting of an employer, a group of employers, a trade association, a professional association, or an entity that sponsors an apprenticeship program. A State workforce development board or local workforce development board. An Indian Tribe, Tribal organization, or Tribal educational agency. Labor organization that has responsibility for the administration of an apprenticeship program associated with the industry or sector or occupation related to the covered apprenticeship, including those sponsored by a joint labor-management organization.
A qualified intermediary. Community-based organizations with significant expertise in supporting such programs. In-demand industry sector employers. The term justice-impacted individual means an individual who has been arrested or convicted of a crime, including an individual who is currently or formerly incarcerated in a Federal or State prison, jail, or juvenile facility. The term new or existing , used with respect to a program, means a program that was new or existing, respectively, as of the day the eligible applicant involved submitted the application for the grant involved.
The term pre-apprentice means a participant in a pre-apprenticeship program. The term pre-apprenticeship program means a training model or program, or training according to a set of strategies, that— is designed to assist individuals who do not meet the minimum qualifications for selection into an apprenticeship program, established in a sponsor’s apprenticeship standards, to meet the qualifications; is carried out by an entity that maintains a documented partnership with at least one sponsor of an apprenticeship program; is a form of structured workplace education and training in which at least 2 of the entities described in subparagraph
(B)collaborate with an education provider to provide formal instruction that will introduce participants to the skills, competencies, and materials used in one or more apprenticeable occupations; is designed to prepare individuals to enter and succeed in an apprenticeship program; is carried out in a manner that includes proper observation of supervision and safety protocols, including paid, on-the-job learning under the supervision of skilled employee mentors; is carried out in a manner that does not displace a paid employee; and includes— training and a curriculum that— are based on and aligned with national, State, or local industry standards, with the quality of the training leading to such a standard reviewed by a recipient of Federal funds; are reviewed and approved annually by the sponsors of apprenticeships within the documented partnership; will prepare individuals, with the skills and competencies needed to enter one or more apprenticeship programs; are aligned with career pathways; include employability skills training, such as training through career and industry awareness workshops, training through job readiness courses, training for English Language Learners, adult basic education, or financial literacy, or math tutoring, as appropriate; culminate in a recognized postsecondary credential, with the quality of the training leading to that credential reviewed by a recipient of Federal funds; and accurately simulates the industry and occupational conditions of the apprenticeship program; strong recruitment strategies focused on outreach to populations underrepresented at the State and local levels in apprenticeship programs, including individuals with barriers to employment such as justice-connected individuals; exposure of participants in such underrepresented populations, including justice-connected individuals, to apprenticeship programs and provision of direct assistance to participants in such populations in applying to those programs; access to appropriate supportive services, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), financial planning, mentoring, and provision of first-day-of-work necessities; efforts to collaboratively promote the use of apprenticeship programs as a preferred means for employers to develop a skilled workforce and to create career opportunities for individuals; facilitated entry or articulation agreements that enable individuals who successfully complete the program described in this paragraph— to enter directly into an apprenticeship program; or to earn advanced placement or credit at a postsecondary educational institution for skills and competencies acquired during the program described in this paragraph; and a formal agreement with a sponsor of the apprenticeship program that would enable participants who successfully complete the program described in this paragraph to enter directly into the apprenticeship program (if a place in the program is available and other necessary requirements for acceptance are satisfied), and an agreement enabling participants to earn advanced placement or credit at a postsecondary educational institution for skills and competencies acquired during the program described in this paragraph, including basic academic and technical skills and competencies aligned with the apprenticeable occupation. The entities described in this subparagraph are: An employer. An industry or sector partnership. An industry association. A labor organization. A community-based organization. The term registration agency means the State Office of Apprenticeship or State apprenticeship agency in a State that is responsible for— approving or denying applications from sponsors for registration of programs under the national apprenticeship system in the State or area covered by the registration agency; and carrying out the responsibilities of supporting the youth apprenticeship, pre-apprenticeship, or apprenticeship programs registered by the registration agency. The term Secretary means the Secretary of Labor, acting through the Administrator. The term State apprenticeship agency means the State apprenticeship agency, acting in coordination with the State agency with responsibility for workforce investment activities under chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3121 et seq., 3131 et seq.).
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