I 

116TH CONGRESS 

2D SESSION H. R. 8339 

To expand opportunities for pre-apprenticeships programs. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2020 

Ms. FUDGE (for herself and Mr. CA ́RDENAS) introduced the following bill; 

which was referred to the Committee on Education and Labor 

A BILL 

To expand opportunities for pre-apprenticeships programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Expanding Oppor5 tunity through Pre-Apprenticeships Act’’. 

6 SEC. 2. PRE-APPRENTICESHIP PROGRAM STANDARDS. 

7 (a) IN GENERAL.—In this Act, a ‘‘pre-apprenticeship 

8 program’’ means a program— 

9 (1) designed to— 

10 (A) assist individuals who do not meet 

11 minimum qualifications for an apprenticeship 

12 program; and 


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1 (B) prepares such individuals to enter and 

2 succeed in such an apprenticeship program, in3 cluding by providing the skills and competency 

4 attainment needed to enter the apprenticeship 

5 program; and 

6 (2) that meets the requirements described in 

7 subsections (b) and (c). 

8 (b) REQUIREMENTS.—The program— 

9 (1) is carried out in partnership with at least 

10 one sponsor of an apprenticeship program; 

11 (2) demonstrates the existence of an active ad12 visory partnership with an industry or sector part13 nership to inform the training and education services 

14 necessary for a pre-apprenticeship program; 

15 (3) demonstrates evidence of sufficient openings 

16 in an apprenticeship program at the completion of a 

17 pre-apprenticeship program to support a transition 

18 from a pre-apprenticeship to an apprenticeship; 

19 (4) has strategies in place with apprenticeship 

20 programs that will increase employment opportuni21 ties for individuals with barriers to employment and 

22 create a diverse talent pipeline, such that, upon com23 pletion of a pre-apprenticeship program, they will 

24 meet the entry requirements for success in such pro25 grams; 


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1 (5) has plans in place, either directly or 

2 through partnerships, to provide supportive services 

3 to pre-apprentices, to support the recruitment, re4 tention, and completion of the program; 

5 (6) provides hands-on training to participants, 

6 when possible, that does not supplant the work of a 

7 full-time, paid employee but accurately simulates the 

8 occupational conditions of a partnering apprentice9 ship program, with proper supervision and safety 

10 protocols; and 

11 (7) provides a certificate of completion by the 

12 State apprenticeship agency, awarded to each indi13 vidual who completes the program requirements set 

14 forth by the plan sponsor. 

15 (c) WRITTEN PLAN REQUIREMENTS.—The program 

16 includes a written plan developed by the sponsor that— 

17 (1) provides for work-based learning in which 

18 an industry or sector partnership and a related in19 struction provider collaborate to provide training 

20 that will introduce participants to the skills, com21 petencies, and materials used in one or more 

22 apprenticeable occupations; 

23 (2) is based on and aligned with national, 

24 State, regional, or local industry standards for high25 skill, high-wage, or in-demand industry sectors or 


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1 occupations and the requirements of the related ap2 prenticeship program; 

3 (3) ensures all individuals have an equal oppor4 tunity to participate in the program, as required by 

5 section 30 of title 29, Code of Federal Regulations 

6 (as in effect on the date of enactment of this Act), 

7 and that the program will provide adequate and safe 

8 equipment, environments, and facilities for training 

9 and supervision, free from discrimination (including 

10 harassment and retaliation); 

11 (4) ensures the program has remote instruction 

12 contingency plans, if feasible, including providing 

13 educational technology that aids in regular and sub14 stantive interactions between pre-apprentice and 

15 classroom instructor; 

16 (5) provides training and professional develop17 ment for instructors and staff to use technology and 

18 services, including for remote instruction; 

19 (6) to the extent appropriate and practicable in20 cludes enabling an individual to attain a secondary 

21 school diploma or its recognized equivalent, and at 

22 least 1 recognized postsecondary credential; and 

23 (7) includes activities designed for career expo24 sure, career planning, and career awareness. 


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1 SEC. 3. EVALUATION. 

2 (a) PERFORMANCE DATA COLLECTION.—Not later 

3 than 1 year after the date of enactment of this Act, and 

4 annually thereafter, the Secretary of Labor shall collect 

5 data on— 

6 (1) the performance of each pre-apprenticeship 

7 program using the disaggregated indicators of per8 formance in section 116(b)(2)(A)(i) of the Work9 force Innovation and Opportunity Act (29 U.S.C. 

10 3141(b)(2)(A)(i)), including participants who are 

11 people of color, women, veterans, those who have 

12 been impacted by the youth or adult criminal justice 

13 system, and individuals with barriers to employment 

14 between the ages of 16 and 24; 

15 (2) how each such program spends resources; 

16 and 

17 (3) the diversity and equal opportunity in ap18 prenticeships programs. 

19 (b) RESEARCH AND PLAN FOR EXPANSION OF PAR20 TICIPATION OF CERTAIN POPULATIONS.—Not later than 

21 1 year after the date of enactment of this Act, the Sec22 retary of Labor, acting through the Administrator of the 

23 Office of Apprenticeship, shall use the collected data to 

24 conduct research in State labor markets, in partnership 

25 with State apprenticeship agencies, to create a plan, on 

26 the basis of such research, to expand participation in regVerDate Sep 11 2014 00:13 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8339.IH H8339

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1 istered pre-apprenticeship programs by nontraditional 

2 populations or individuals with barriers to employment 

3 such as youth, women, people of color, long-term unem4 ployed, individuals with disabilities, individuals with sub5 stance abuse issues, individuals impacted by the criminal 

6 justice system, and veterans. 

7 SEC. 4. GRANTS. 

8 (a) IN GENERAL.—From the amounts appropriated 

9 to carry out this section, the Secretary of Labor shall 

10 award grants, on a competitive basis, to eligible entities. 

11 (b) PRIORITY.—In awarding grants under this sec12 tion, the Secretary shall give priority to eligible entities 

13 that serve a high number or high percentage of individuals 

14 who are from nontraditional apprenticeship populations 

15 (with priority given to women, people of color, veterans, 

16 those who have been impacted by the juvenile or adult 

17 criminal justice system, and individuals with barriers to 

18 employment between the ages of 16 and 24). 

19 (c) APPLICATION.—To receive a grant under this sec20 tion, an eligible entity shall submit an application to the 

21 Secretary at such time, in such manner, and containing 

22 such information as the Secretary determines may be nec23 essary. 

24 (d) LIMITATION ON USE OF FUNDS.—No less than 

25 5 percent of the funds awarded under this section shall 


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1 be used to provide direct financial assistance to pre-ap2 prentices to support financial needs to enter, remain en3 rolled in, and complete the apprenticeship program includ4 ing, related costs of training, supplies, food and nutrition, 

5 housing, transportation, child care, mental health and sub6 stance abuse services, or other targeted costs deemed al7 lowable by the Secretary. 

8 (e) ELIGIBLE ENTITIES DEFINED.—In this section, 

9 an ‘‘eligible entity’’ includes— 

10 (1) a community-based organization; 

11 (2) a pre-apprenticeship sponsor; 

12 (3) an employer for an in-demand industry sec13 tor or occupation; 

14 (4) a joint labor-management training program; 

15 or 

16 (5) a partnership among community-based or17 ganizations, public education entities, and appren18 ticeships. 

19 (f) USES OF FUNDS.—A grant awarded under this 

20 section to an eligible entity may be used to carry out one 

21 or more of the following: 

22 (1) To provide technical assistance to pre-ap23 prentices to help navigate supportive services and 

24 other Federal assistance programs (such as the sup25 plemental nutrition assistance program under the 


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1 Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 

2 seq.) to enter and remain enrolled in apprenticeship 

3 programs. 

4 (2) To conduct and improve outreach to non5 traditional apprenticeship population. 

6 (3) To participate in pre-apprenticeship pro7 grams. 

8 (4) To facilitate a successful transition between 

9 pre-apprenticeship programs and apprenticeship pro10 grams. 

11 SEC. 5. ADDITIONAL DEFINITIONS. 

12 In this Act: 

13 (1) APPRENTICESHIP PROGRAM.—The term 

14 ‘‘apprenticeship program’’ means an apprenticeship 

15 program registered under the Act of August 16, 

16 1937 (commonly known as the ‘‘National Appren17 ticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 

18 50 et seq.), including any requirement, standard, or 

19 rule promulgated under such Act, as such require20 ment, standard, or rule was in effect on December 

21 30, 2019. 

22 (2) NONTRADITIONAL APPRENTICESHIP POPU23 LATION.—The term ‘‘nontraditional apprenticeship 

24 population’’ means a group of individuals (such as 

25 a group of individuals from the same gender or race) 


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1 the members of which comprise fewer than 25 per2 cent of the individuals participating in a program 

3 under the national apprenticeship system. 

4 (3) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Labor. 

6 (4) WIOA TERMS.—The terms ‘‘community7 based organization’’, ‘‘in-demand industry sectors or 

8 occupations’’, ‘‘individual with a barrier to employ9 ment’’, ‘‘recognized postsecondary credential’’, and 

10 ‘‘supportive services’’ have the meanings given the 

11 terms in section 3 of the Workforce Innovation and 

12 Opportunity Act (29 U.S.C. 3102). 

Æ 


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