42 USC 16539 - National Laboratory Jobs ACCESS Program

U.S Code last checked for updates: May 02, 2024

§ 16539.

National Laboratory Jobs ACCESS Program

(a)

In general

(b)

Pre-apprenticeship and apprenticeship programs described

A pre-apprenticeship program or apprenticeship program described in this subsection is a pre-apprenticeship program or apprenticeship program that—

(1)

leads to recognized postsecondary credentials for secondary school and postsecondary students;

(2)

is focused on skills and qualifications needed, as determined by the Secretary in consultation with the directors of the National Laboratories, to meet the immediate and ongoing needs of traditional and emerging technician positions (including machinists and cybersecurity technicians) at the National Laboratories and covered facilities of the National Nuclear Security Administration;

(3)

is established in consultation with a National Laboratory or covered facility of the National Nuclear Security Administration;

(4)

is registered with and approved by the Secretary of Labor or a State apprenticeship agency; and

(5)

ensures that participants in the pre-apprenticeship program or apprenticeship program do not displace paid employees.

(c)

Eligible entities described

An eligible entity described in this subsection is a workforce intermediary or an eligible sponsor of a pre-apprenticeship program or apprenticeship program that—

(1)

demonstrates experience in implementing and providing career planning and career pathways toward pre-apprenticeship programs or apprenticeship programs;

(2)

(A)

has a relationship with a National Laboratory or covered facility of the National Nuclear Security Administration;

(B)

has knowledge of the technician workforce needs of the laboratory or facility and the associated security requirements of the laboratory or facility; and

(C)

is eligible to enter into an agreement with the laboratory or facility that would be paid for in part or entirely from grant funds received under this section;

(3)

demonstrates the ability to recruit and support individuals who plan to work in relevant technician positions upon the successful completion of the pre-apprenticeship program or apprenticeship program;

(4)

provides students who complete the pre-apprenticeship program or apprenticeship program with, or prepares such students for obtaining, a recognized postsecondary credential;

(5)

uses related instruction that is specifically aligned with the needs of the laboratory or facility and utilizes workplace learning advisors and on-the-job training to the greatest extent possible; and

(6)

demonstrates successful outcomes connecting graduates of the pre-apprenticeship program or apprenticeship program to careers relevant to the program.

(d)

Applications

(e)

Priority

In selecting eligible entities described in subsection (c) to receive grants under this section, the Secretary may prioritize an eligible entity that—

(1)

is a member of an industry or sector partnership;

(2)

provides related instruction for a pre-apprenticeship program or apprenticeship program through—

(A)

a local educational agency, a secondary school, a provider of adult education, an area career and technical education school, or an institution of higher education (such as a community college) that includes basic science, technology, and mathematics education in the related instruction; or

(B)

an apprenticeship program that was registered with the Department of Labor or a State apprenticeship agency before the date on which the eligible entity applies for the grant under subsection (d);

(3)

works with the Secretary of Defense, the Secretary of Veterans Affairs, or veterans organizations to transition members of the Armed Forces and veterans to pre-apprenticeship programs or apprenticeship programs in a relevant sector;

(4)

plans to use the grant to carry out the pre-apprenticeship program or apprenticeship program with an entity that receives State funding or is operated by a State agency; and

(5)

plans to use the grant to carry out the pre-apprenticeship program or apprenticeship program for—

(A)

young adults ages 16 to 29, inclusive; or

(B)

individuals with barriers to employment.

(f)

Additional consideration

(g)

Limitation on applications

(h)

Limitations on amount of grant

(i)

Non-Federal share

(j)

Technical assistance

(k)

Report

(1)

In general

If the Secretary establishes the program described in subsection (a), not less than once every 2 years thereafter, the Secretary shall submit to Congress, and make publicly available on the website of the Department of Energy, a report on the program, including—

(A)

a description of—

(i)

any entity that receives a grant under this section;

(ii)

any activity carried out using a grant under this section; and

(iii)

best practices used to leverage the investment of the Federal Government under this section; and

(B)

an assessment of the results achieved by the program, including the rate of employment for participants after completing a pre-apprenticeship program or apprenticeship program carried out using a grant under this section.

(2)

Performance reports

(l)

Definitions

In this section:

(1)

ESEA terms

(2)

WIOA terms

(3)

Apprenticeship program

(4)

Area career and technical education school

(5)

Community college

(6)

Covered facility of the national nuclear security administration

(7)

Eligible sponsor

The term “eligible sponsor” means a public organization or nonprofit organization that—

(A)

with respect to an apprenticeship program, administers the program through a partnership that may include—

(i)

an industry or sector partnership;

(ii)

an employer or industry association;

(iii)

a labor-management organization;

(iv)

a local workforce development board or State workforce development board;

(v)

a 2- or 4-year institution of higher education that offers an educational program leading to an associate’s or bachelor’s degree in conjunction with a certificate of completion of apprenticeship;

(vi)

the Armed Forces (including the National Guard and Reserves);

(vii)

a community-based organization; or

(viii)

an economic development agency; and

(B)

with respect to a pre-apprenticeship program, is a local educational agency, a secondary school, an area career and technical education school, a provider of adult education, a State workforce development board, a local workforce development board, or a community-based organization, that administers the program with any required coordination and necessary approvals from the Secretary of Labor or a State department of labor.

(8)

Institution of higher education

(9)

Local workforce development board

(10)

National Laboratory

(11)

Nonprofit organization

(12)

Pre-apprenticeship program

The term “pre-apprenticeship program” means a program—

(A)

designed to prepare individuals to enter and succeed in an apprenticeship program; and

(B)

that has a documented partnership with at least one, if not more, apprenticeship programs.

(13)

Provider of adult education

(14)

Related instruction

(15)

Secretary

(16)

Sponsor

(17)

State apprenticeship agency

(18)

State workforce development board

(19)

Workforce intermediary

The term “workforce intermediary”—

(A)

means a nonprofit organization that—

(i)

proactively addresses workforce needs using a dual customer approach, which considers the needs of both employees and employers; and

(ii)

has partnered with a sponsor of a pre-apprenticeship program or apprenticeship program or is a sponsor of a pre-apprenticeship program or apprenticeship program; and

(B)

may include a community organization, an employer organization, a community college, a temporary staffing agency, a State workforce development board, a local workforce development board, or a labor or labor-management organization.

(Pub. L. 116–92, div. C, title XXXI, § 3122, Dec. 20, 2019, 133 Stat. 1953.)

cite as: 42 USC 16539