I 

116TH CONGRESS 

1ST SESSION H. R. 399 

To direct the Secretary of Labor to support the development of pre-apprenticeship programs in the building and construction trades that serve 

underrepresented populations, including individuals from low income and 

rural census tracts. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2019 

Mr. NORCROSS (for himself and Mr. MCKINLEY) introduced the following bill; 

which was referred to the Committee on Education and Labor 

A BILL 

To direct the Secretary of Labor to support the development 

of pre-apprenticeship programs in the building and construction trades that serve underrepresented populations, 

including individuals from low income and rural census 

tracts. 

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 ‘‘Pre-Apprenticeships 

5 To Hardhats Act’’ or the ‘‘PATH Act’’. 


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1 SEC. 2. SUPPORTING THE DEVELOPMENT OF PRE-APPREN2 TICESHIP PROGRAMS. 

3 (a) SUPPORT.—The Secretary of Labor shall support 

4 the development of pre-apprenticeship programs. 

5 (b) GRANTS.— 

6 (1) IN GENERAL.—Using funds available under 

7 subsection (i), the Secretary shall make grants on a 

8 competitive basis to eligible entities to provide the 

9 Federal share of the cost of carrying out projects 

10 that support that development. 

11 (2) PERIOD.—The Secretary shall make initial 

12 grants under this paragraph for periods of not more 

13 than 3 years, except that if an eligible entity dem14 onstrates satisfactory performance under paragraph 

15 (6) by the end of that third year, the Secretary may 

16 extend the grant period up to an additional 1 year 

17 for that entity. 

18 (3) ELIGIBLE ENTITY.—To be eligible to receive 

19 a grant from the Secretary under this subsection, an 

20 entity shall be a nonprofit partnership that— 

21 (A) includes the equal participation of in22 dustry, including public or private employers, 

23 and labor organizations, including joint labor or 

24 management training programs, and may in25 clude State and local workforce development 

26 boards, community-based organizations, eduVerDate Sep 11 2014 02:18 Jan 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H399.IH H399

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1 cational institutions (such as postsecondary 

2 educational institutions, local educational agen3 cies, State educational agencies, high schools, 

4 and area career and technical schools), small 

5 businesses, cooperatives, State and local vet6 erans agencies, and veterans service organiza7 tions; and 

8 (B) demonstrates— 

9 (i) experience in implementing and op10 erating worker skills training and edu11 cation programs; 

12 (ii) the ability to identify and involve 

13 in training programs carried out under this 

14 grant, target populations of individuals 

15 who would benefit from training and be ac16 tively involved in activities related to all 

17 building and construction trade crafts; and 

18 (iii) the ability to help individuals 

19 achieve economic self-sufficiency. 

20 (4) PRIORITY.—The Secretary shall give pri21 ority to eligible entities that leverage additional pub22 lic and private resources to fund programs under 

23 this Act, including cash or in-kind matches from 

24 participating employers. 


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1 (c) APPLICATIONS.—To be eligible to receive a grant 

2 from the Secretary under this subsection, an entity shall 

3 submit an application to the Secretary at such time, in 

4 such manner, and containing such information as the Sec5 retary may require, including— 

6 (1) a description of the training and curriculum 

7 described in subsection (g)(7)(C), and how the pro8 posed pre-apprenticeship program makes individuals 

9 who successfully complete the pre-apprenticeship 

10 program qualified to enter into an established reg11 istered apprenticeship program; 

12 (2) evidence that there are or will be sufficient 

13 openings available in the registered apprenticeship 

14 program referenced in paragraph (1) to enable the 

15 registered apprenticeship program sponsor to place 

16 into a corresponding registered apprenticeship those 

17 individuals who successfully complete the pre-ap18 prenticeship program; 

19 (3) information about the entity that dem20 onstrates the existence of an active, advisory part21 nership between the partners described in subsection 

22 (b)(3) and the capacity, of a training and education 

23 provider in the entity, to provide the training and 

24 education services necessary for a pre-apprenticeship 

25 program; and 


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1 (4) information about the proposed pre-appren2 ticeship program that demonstrates— 

3 (A) that the program is in an in-demand 

4 industry or occupation in the region in which 

5 the project is located; 

6 (B) the inclusion of career exploration fo7 cused activities, such as career information ac8 tivities, and re ́sume ́ preparation, in the pro9 gram; 

10 (C) if the entity carrying out the project 

11 includes a high school, that the model to be 

12 used for the program leads to a high school di13 ploma for participants without such a diploma; 

14 (D) how the pre-apprenticeship program is 

15 aligned with and leverages resources of career 

16 and technical education programs, programs 

17 and services authorized under the Workforce 

18 Innovation and Opportunity Act (29 U.S.C. 

19 3101 et seq.), or activities of entities that pro20 vide supportive services for participants in pre21 apprenticeship programs; and 

22 (E) that the project aligns with an estab23 lished registered apprenticeship program, in24 cluding that the model used for the program 

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1 petencies necessary for entrance into the reg2 istered apprenticeship program for participants. 

3 (d) USE OF FUNDS.— 

4 (1) IN GENERAL.—An eligible entity that re5 ceives a grant under this subsection shall use the 

6 grant funds to carry out a project that implements 

7 a pre-apprenticeship program. 

8 (2) REQUIRED ACTIVITIES.—The eligible entity 

9 shall use the grant funds— 

10 (A) to pay for the cost of training or edu11 cation associated with a pre-apprenticeship pro12 gram for individuals from an underrepresented 

13 population; 

14 (B) for curriculum development that align 

15 with the requirements of the appropriate reg16 istered apprenticeship programs and learning 

17 assessments; 

18 (C) to maintain a connection between the 

19 pre-apprenticeship program and registered ap20 prenticeship program; 

21 (D) for assessments of potential partici22 pants for, and enrollment of the participants in, 

23 the pre-apprenticeship program; and 

24 (E) to conduct evaluations described in 

25 subsection (f)(2). 


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1 (3) ALLOWABLE ACTIVITIES.—The eligible enti2 ty may use the grant funds for— 

3 (A) stipends for participants during work4 based training in the program; 

5 (B) coordination of activities under this 

6 subsection with activities carried out under the 

7 Carl D. Perkins Career and Technical Edu8 cation Act of 2006 (20 U.S.C. 2301 et seq.) or 

9 the Workforce Innovation and Opportunity Act 

10 (29 U.S.C. 3101 et seq.); and 

11 (C) drug testing of potential participants. 

12 (e) FEDERAL SHARE.— 

13 (1) IN GENERAL.—The Federal share of the 

14 cost described in subsection (b)(1) shall be 75 per15 cent. 

16 (2) NON-FEDERAL SHARE.—The eligible entity 

17 may contribute the non-Federal share of the cost in 

18 cash or in-kind, fairly evaluated, including plant, 

19 equipment, or services. 

20 (f) PERFORMANCE.— 

21 (1) MEASURES.—The Secretary shall identify a 

22 set of common measures that, at a minimum, in23 clude measures of entry into a registered apprentice24 ship program and that are aligned with performance 

25 accountability measures described in section 116(c) 


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1 of the Workforce Innovation and Opportunity Act 

2 (29 U.S.C. 3141(c)) for the local workforce develop3 ment area and with corresponding measures under 

4 the Carl D. Perkins Career and Technical Education 

5 Act of 2006 (20 U.S.C. 2301 et seq.), as appro6 priate. 

7 (2) EVALUATIONS.—Each eligible entity that 

8 receives a grant to carry out a project under this 

9 subsection shall arrange for another qualified entity 

10 to conduct an evaluation, or shall participate in a 

11 Department of Labor sponsored evaluation, of the 

12 project using the identified common measures, and 

13 shall, to the extent practicable, cooperate with the 

14 evaluator in any evaluations of activities carried out 

15 under this section. 

16 (3) EXTENSIONS.—The Secretary shall use the 

17 results of an evaluation for a project to determine 

18 whether to extend the grant period, or renew a 

19 grant, for the project under subsection (b)(2). 

20 (g) DEFINITIONS.—In this Act: 

21 (1) AREA CAREER AND TECHNICAL SCHOOL.— 

22 The term ‘‘area career and technical school’’ has the 

23 meaning given the term in section 3 of the Carl D. 

24 Perkins Career and Technical Education Act of 

25 2006 (20 U.S.C. 2302)). 


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1 (2) HIGH SCHOOL.—The term ‘‘high school’’ 

2 means a nonprofit institutional day or residential 

3 school that— 

4 (A) provides secondary education, as deter5 mined under State law; 

6 (B) grants a diploma, as defined by the 

7 State; and 

8 (C) includes, at least, grade 12. 

9 (3) IN-DEMAND INDUSTRY SECTOR OR OCCUPA10 TION.—The term ‘‘in-demand industry sector or oc11 cupation’’ has the meaning given the term in section 

12 3 of the Workforce Innovation and Opportunity Act 

13 (29 U.S.C. 3102). 

14 (4) LOCAL EDUCATIONAL AGENCY; STATE EDU15 CATIONAL AGENCY.—The terms ‘‘local educational 

16 agency’’ and ‘‘State educational agency’’ have the 

17 meanings given the terms in section 8101 of the Ele18 mentary and Secondary Education Act of 1965 (20 

19 U.S.C. 7801). 

20 (5) LOCAL AND STATE WORKFORCE DEVELOP21 MENT BOARDS.—The terms ‘‘local workforce devel22 opment board’’ and ‘‘State workforce development 

23 board’’ have the meanings given the terms ‘‘local 

24 board’’ and ‘‘State board’’, respectively, in section 3 


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1 of the Workforce Innovation and Opportunity Act 

2 (29 U.S.C. 3102). 

3 (6) POSTSECONDARY EDUCATIONAL INSTITU4 TION.—The term ‘‘postsecondary educational institu5 tion’’ means an institution of higher education, as 

6 defined in section 102 of the Higher Education Act 

7 of 1965 (20 U.S.C. 1002). 

8 (7) PRE-APPRENTICESHIP PROGRAM.—The 

9 term ‘‘pre-apprenticeship program’’ means a pro10 gram or set of strategies that— 

11 (A) is designed to prepare individuals to 

12 enter and succeed in a registered apprenticeship 

13 program in the building and construction 

14 trades; 

15 (B) is carried out by an eligible entity that 

16 has a documented partnership with at least 1 

17 sponsor of a registered apprenticeship program; 

18 and 

19 (C) includes training (including a cur20 riculum for the training), aligned with industry 

21 standards and reviewed and approved annually 

22 by sponsors of the registered apprenticeships 

23 within the documented partnership, that will 

24 prepare individuals by teaching the skills and 


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1 competencies needed to enter one or more reg2 istered apprenticeship programs. 

3 (8) REGISTERED APPRENTICESHIP PROGRAM.— 

4 The term ‘‘registered apprenticeship program’’ 

5 means a program registered under the Act of Au6 gust 16, 1937 (commonly known as the ‘‘National 

7 Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 

8 U.S.C. 50 et seq.). 

9 (9) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Labor. 

11 (10) SPONSOR.—The term ‘‘sponsor’’ means an 

12 employer, joint labor-management partnership, trade 

13 association, professional association, labor organiza14 tion, or other entity that administers a registered 

15 apprenticeship program. 

16 (11) STATE.—The term ‘‘State’’ has the mean17 ing given the term in section 3 of the Workforce In18 novation and Opportunity Act (29 U.S.C. 3102). 

19 (12) UNDERREPRESENTED POPULATION.—The 

20 term ‘‘underrepresented population’’ means an indi21 vidual who— 

22 (A) is a member of a racial minority, a 

23 woman, a military veteran, or a person who is 

24 long-term unemployed; or 


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1 (B) comes from a geographic area con2 sisting of a single census tract or a group of 

3 census tracts, each of which meets the criteria 

4 for a low-income community, as defined in sec5 tion 45D(e) of the Internal Revenue Code of 

6 1986. 

7 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section 

9 $5,000,000 for fiscal year 2020 and each subsequent fiscal 

10 year. 

Æ 


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