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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4658 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 4658

  To amend the Higher Education Act of 1965 to support apprenticeship 
                               programs.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2022

  Mr. Bennet introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
  To amend the Higher Education Act of 1965 to support apprenticeship 
                               programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Apprenticeship Act of 
2022''.

SEC. 2. APPRENTICESHIP PROGRAMS.

    Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et 
seq.) is amended by adding at the end the following:

                   ``PART F--APPRENTICESHIP PROGRAMS

``SEC. 791. GRANTS TO SUPPORT APPRENTICESHIP PROGRAMS.

    ``(a) Definitions.--In this section:
            ``(1) Apprenticeship program.--The term `apprenticeship 
        program' means 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.), as of 
        the date of enactment of this Act, and is in compliance with 
        the regulations promulgated to carry out the Act of August 16, 
        1937, under part 29 of title 29, Code of Federal Regulations, 
        as in effect on the date of enactment of this Act.
            ``(2) Postsecondary apprenticeship program.--The term 
        `postsecondary apprenticeship program' means an apprenticeship 
        program--
                    ``(A) that meets the requirements of a recognized 
                postsecondary credential conferred by an institution of 
                higher education; and
                    ``(B) established by the relevant State agency in 
                the State where the program is delivered.
            ``(3) Recognized postsecondary credential.--The term 
        `recognized postsecondary credential' means--
                    ``(A) a credential consisting of an industry-
                recognized certificate that is credit-bearing toward a 
                postsecondary degree at the institution of higher 
                education from which it is conferred;
                    ``(B) an associate degree; or
                    ``(C) a baccalaureate degree.
            ``(4) Student apprentice.--The term `student apprentice' 
        means an individual who is--
                    ``(A) enrolled or accepted for enrollment at an 
                institution of higher education for the purpose of 
                obtaining a recognized postsecondary credential offered 
                by that institution and is a participant in a 
                postsecondary apprenticeship program; and
                    ``(B) a worker at least 16 years of age, except 
                where a higher minimum age standard is otherwise fixed 
                by law, who is employed to learn an apprenticeable 
                occupation, as described in section 29.4 of title 29, 
                Code of Federal Regulations (as in effect on the date 
                of enactment of this Act), under standards of 
                apprenticeship fulfilling the requirements of section 
                29.5 of title 29, Code of Federal Regulations (as in 
                effect on the date of enactment of this Act).
            ``(5) Workforce intermediary.--The term `workforce 
        intermediary'--
                    ``(A) means an entity, which may be part of an 
                industry or sector partnership, that demonstrates 
                expertise in building, connecting, sustaining, and 
                measuring the performance of partnerships in order for 
                the entity to broker services, resources, and supports 
                for development, delivery, expansion, or improvement of 
                postsecondary apprenticeship programs, and of the 
                organizations and systems that are designed to serve 
                covered student apprentices and employer partners, 
                including--
                            ``(i) connecting employers to 
                        apprenticeship opportunities;
                            ``(ii) assisting in the design and 
                        implementation of postsecondary apprenticeship 
                        programs, including curriculum development and 
                        delivery for related instruction;
                            ``(iii) supporting entities, and sponsors 
                        or program administrators, in meeting the 
                        registration and reporting requirements;
                            ``(iv) providing professional development 
                        activities such as training to mentors;
                            ``(v) connecting students or workers to 
                        apprenticeship opportunities; and
                            ``(vi) developing and providing 
                        personalized covered apprentice supports, 
                        including supportive services and financial 
                        advising; and
                    ``(B) includes a State workforce development board 
                or local workforce development board, as established 
                under title I of the Workforce Innovation and 
                Opportunity Act, or State workforce agency.
    ``(b) Grant Program.--
            ``(1) In general.--The Secretary, in collaboration with the 
        Secretary of Labor, shall award grants to eligible partnerships 
        to enable the partnerships to develop and implement a 
        postsecondary apprenticeship program.
            ``(2) Duration.--Grants awarded under this section shall be 
        4 or 5 years in duration.
            ``(3) Eligible partnership.--
                    ``(A) In general.--In this section, the term 
                `eligible partnership' means a partnership that--
                            ``(i) shall include--
                                    ``(I) an institution of higher 
                                education or a consortium of such 
                                institutions;
                                    ``(II) an individual employer or 
                                consortium of employers; and
                                    ``(III) a workforce intermediary, 
                                unless waived by the Secretary because 
                                the partnership demonstrates that a 
                                high-quality program is in place or it 
                                would be a hardship to include a 
                                workforce intermediary; and
                            ``(ii) may include--
                                    ``(I) a State agency responsible 
                                for the administration of career and 
                                technical education in the State or for 
                                the supervision of the administration 
                                of career and technical education in 
                                the State;
                                    ``(II) a labor organization;
                                    ``(III) an economic development 
                                agency or organization, such as a 
                                chamber of commerce, business alliance, 
                                or industry association;
                                    ``(IV) a community-based 
                                organization;
                                    ``(V) a State educational agency; 
                                or
                                    ``(VI) a local educational agency.
                    ``(B) Fiscal agent.--The lead fiscal agent of an 
                eligible partnership shall be any of the following:
                            ``(i) An institution of higher education.
                            ``(ii) An industry association.
                            ``(iii) A workforce intermediary that is an 
                        entity that is described in section 501(c)(3) 
                        of the Internal Revenue Code of 1986 and exempt 
                        from taxation under section 501(a) of such 
                        Code.
            ``(4) Application.--
                    ``(A) In general.--An eligible partnership that 
                desires to receive a grant under this section shall 
                submit an application to the Secretary at such time, in 
                such manner, and accompanied by such information as the 
                Secretary may require.
                    ``(B) Inclusions.--An application submitted under 
                subparagraph (A) shall include--
                            ``(i) a plan to recruit and retain a high 
                        number or high percentage of participants who 
                        are from nontraditional apprenticeship 
                        populations, including women, minorities, 
                        individuals with disabilities, veterans, and 
                        individuals with barriers to employment, such 
                        as opportunity youth, low-income youth and 
                        adults, young adults and adults of color, and 
                        individuals who have been impacted by the 
                        criminal justice system;
                            ``(ii) letters of support and a labor 
                        market analysis that demonstrate that the 
                        occupation for which the program prepares 
                        participants--
                                    ``(I) is feasible and in demand;
                                    ``(II) is a high-growth, high-wage 
                                occupation; or
                                    ``(III) is a response to in-demand 
                                industry sectors or occupations as 
                                determined by the State or local 
                                workforce boards;
                            ``(iii) a plan for reaching desired 
                        outcomes, as described in paragraph (7);
                            ``(iv) a plan for ensuring that the 
                        partnership has the capacity to access data to 
                        measure desired outcomes and the outcomes 
                        described in clause (v); and
                            ``(v) a plan for--
                                    ``(I) increasing associate or 
                                baccalaureate degree and credential 
                                attainment;
                                    ``(II) sustaining the program for 
                                at least 20 months beyond the grant 
                                period; and
                                    ``(III) including a provider of 
                                support or specialized services, such 
                                as financial counseling.
                    ``(C) Description of instruction.--In addition to 
                the information described in subparagraph (B), an 
                application submitted under subparagraph (A) shall 
                include a description of the organized, related 
                instruction the apprentice will receive in technical 
                subjects related to the occupation for which the 
                program prepares participants, which--
                            ``(i) shall include not less than 2000 
                        hours of on the job learning and a recommended 
                        144 hours for each year (with an allowance for 
                        a student to spread it out over 2 years) of 
                        related technical instruction unless an 
                        alternative requirement is put forth by the 
                        employer and sponsor that reflects industry 
                        standards and is accepted by the Secretary;
                            ``(ii) may be accomplished through credit-
                        bearing classroom instruction, occupational or 
                        industry courses, successful demonstration of 
                        acquired skills and knowledge as part of an 
                        approved competency-based program, instruction 
                        provided through electronic media, or other 
                        instruction approved by the registration 
                        agency;
                            ``(iii) shall be provided by one or more 
                        qualified instructors who--
                                    ``(I)(aa) meet the career technical 
                                education instructor requirements of 
                                the applicable education agency of the 
                                State of registration; or
                                    ``(bb) are subject matter experts, 
                                defined for purposes of this 
                                subparagraph as individuals (including 
                                journeyworkers) recognized within an 
                                industry as having expertise in a 
                                specific occupation; and
                                    ``(II) have training in teaching 
                                techniques and learning styles or will 
                                obtain such training before an 
                                instructor begins providing the related 
                                technical instruction; and
                            ``(iv) shall, to the maximum extent 
                        practicable, be aligned to a career pathway, as 
                        defined in section 3 of the Workforce 
                        Innovation and Opportunity Act.
            ``(5) Selection.--The Secretary shall, in selecting 
        eligible partnerships to receive grants under this section--
                    ``(A) consider the equitable geographic 
                distribution of grants among rural and urban areas; and
                    ``(B) leverage significant State, local, 
                institutional, or private resources, including in-kind 
                contributions, to support the activities assisted under 
                this section.
            ``(6) Use of grant funds.--
                    ``(A) In general.--An eligible partnership that 
                receives a grant under this section shall use the grant 
                funds to develop and implement a postsecondary 
                apprenticeship program in high-skill, high-wage, or in-
                demand industry sectors or occupations.
                    ``(B) Permissible use of funds.--An eligible 
                partnership that receives a grant under this section to 
                develop and implement a postsecondary apprenticeship 
                program may use the grant funds for any of the 
                following:
                            ``(i) Program design and implementation 
                        costs, including--
                                    ``(I) development of curricula and 
                                standards;
                                    ``(II) development of a competency-
                                based approach to awarding credits; and
                                    ``(III) use of subject matter 
                                experts in instructional delivery or 
                                curriculum design.
                            ``(ii) Development of on-the-job learning, 
                        mentoring, and additional supervision 
                        structures and professional development for 
                        mentors and supervisors.
                            ``(iii) Tuition for the related instruction 
                        of the apprenticeship.
                            ``(iv) Development of articulation 
                        agreements with institutions of higher 
                        education that result in awarding an 
                        associate's or higher degree.
                            ``(v) Assessment of prior learning for the 
                        purpose of awarding credit.
                            ``(vi) Certifying examinations.
                            ``(vii) Recruitment of student apprentices 
                        or students participating in concurrent 
                        postsecondary programs while in high school.
                            ``(viii) Need-based supportive services, 
                        including tutoring, transportation, child care, 
                        and housing subsidies.
                            ``(ix) Not more than 20 percent of grant 
                        funds for the purchase of updated equipment.
                            ``(x) Not more than 10 percent of grant 
                        funds for administrative functions, such as 
                        program management and grant reporting.
                            ``(xi) Aligning data reporting for academic 
                        programs and apprenticeships.
                    ``(C) Wages.--An eligible partnership that receives 
                a grant under this section--
                            ``(i) may not use any of the grant funds 
                        directly to pay wages to a student apprentice; 
                        and
                            ``(ii) shall ensure that any wages paid to 
                        a student apprentice under the postsecondary 
                        apprenticeship program are not less than $15 an 
                        hour.
            ``(7) Assessment.--An eligible partnership that receives a 
        grant under this section shall monitor and report on the 
        following participant-level outcomes:
                    ``(A) With respect to interim outcomes--
                            ``(i) the number of student apprentices in 
                        the program;
                            ``(ii) the percentage of participants who 
                        are from nontraditional apprenticeship 
                        populations, including women, historically 
                        underrepresented groups, individuals with 
                        disabilities, veterans, and individuals with 
                        barriers to employment;
                            ``(iii) outcomes for the participants 
                        described in clause (ii);
                            ``(iv) the accumulation of postsecondary 
                        credit;
                            ``(v) the attainment of a recognized 
                        postsecondary credential; and
                            ``(vi) wage increases realized during the 
                        course of the apprenticeship.
                    ``(B) Completions--
                            ``(i) that are on time, disaggregated by 
                        credit, credential, or degree received; and
                            ``(ii) that are within 150 percent of the 
                        expected time of completion, disaggregated by 
                        credit, credential, or degree received.
                    ``(C) With respect to end-of-program outcomes for 
                both participants who complete the program and 
                participants who do not complete the program each of 
                the following:
                            ``(i) The accumulation of postsecondary 
                        credit toward a degree reported not later than 
                        one year after the end of the grant period.
                            ``(ii) The share of enrolled students who 
                        attain a postsecondary degree reported not 
                        later than one year after the end of the grant 
                        period.
                            ``(iii) The share of enrolled students who 
                        attain a recognized postsecondary credential 
                        reported not later than one year after the end 
                        of the grant period.
                            ``(iv) Subsequent enrollment in advanced 
                        education, disaggregated by level.
                            ``(v) Whether the place of employment for 
                        participants aligns with area of study 
                        disaggregated by students who completed the 
                        program and students who did not complete the 
                        program reported not later than one year after 
                        the end of the grant period. Such data may be 
                        collected through a survey.
                            ``(vi) Unsubsidized employment rate after 
                        the second quarter after exit from the program.
                            ``(vii) Unsubsidized employment rate after 
                        the fourth quarter after exit from the program.
                            ``(viii) Median earnings after the second 
                        and fourth quarters after exit from the 
                        program.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2023 and each of the 5 succeeding fiscal years.''.

SEC. 3. FEDERAL WORK STUDY FUNDING.

    Section 442 of the Higher Education Act of 1965 (20 U.S.C. 1087-52) 
is amended by adding at the end the following:
    ``(f) Funding for Student Apprentices.--
            ``(1) In general.--Notwithstanding any other provision of 
        this part--
                    ``(A) the postsecondary apprenticeship program of a 
                student apprentice (as defined in section 791) shall 
                qualify as a work-study program that is eligible for 
                assistance under this part; and
                    ``(B) funds appropriated to carry out this part may 
                be used by the Secretary to pay the tuition of such 
                student apprentices except that Federal work study 
                should not supplant the wages of student apprentices.
            ``(2) Pell grant eligibility.--A student apprentice who is 
        a participant in a postsecondary apprenticeship program that 
        qualifies as a work-study program under this part and is 
        otherwise eligible to receive a Federal Pell Grant under 
        subpart 1 of part A may receive a Federal Pell Grant for 
        enrollment at the institution of higher education that awards 
        the recognized postsecondary credential that is a part of such 
        postsecondary apprenticeship program.
            ``(3) Credit for apprentices.--A student apprentice who is 
        a participant in a postsecondary apprenticeship program that 
        qualifies as a work-study program under this part shall receive 
        credit toward a postsecondary degree for such participation.
            ``(4) Compensation.--A student apprentice who is a 
        participant in a postsecondary apprenticeship program that 
        qualifies as a work-study program under this part shall receive 
        pay for work in the postsecondary apprenticeship program that 
        is not less than $15 an hour.''.
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