Scaling and Expanding the Use of Registered Apprenticeships in Industries and the Federal Government and Promoting Labor-Management Forums, 17265-17270 [2024-05220]

Agencies

• Executive Office of the President

[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Presidential Documents]
[Pages 17265-17270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05220]




                        Presidential Documents 



Federal Register / Vol. 89 , No. 48 / Monday, March 11, 2024 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 17265]]

                Executive Order 14119 of March 6, 2024

                
Scaling and Expanding the Use of Registered 
                Apprenticeships in Industries and the Federal 
                Government and Promoting Labor-Management Forums

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. My Administration's Investing in 
                America agenda includes a once-in-a-generation 
                investment in our Nation's infrastructure. This agenda 
                is also driving the creation of well-paying jobs and 
                growing the economy sustainably and equitably, and it 
                will continue to do so for decades to come. To fully 
                realize the benefits of these investments, students and 
                workers at all stages of life need equitable access to 
                education and training for the good jobs in their 
                communities.

                Critical to achieving these goals is promoting 
                Registered Apprenticeships, as described in title 29, 
                parts 29 and 30, of the Code of Federal Regulations, 
                which provide substantial benefits to both workers and 
                employers. As the Nation's largest employer and 
                procurer of goods and services, the Federal Government 
                can be a model for the use and promotion of skills-
                based hiring, such as the use of Registered 
                Apprenticeships, which reduces barriers to employment 
                and attracts a diverse workforce to meet our Nation's 
                critical needs. My Administration has made 
                strengthening and empowering the Federal workforce a 
                management priority. As a part of its overall strategy 
                to hire, retain, and develop the people needed to 
                accomplish executive department and agency (agency) 
                missions and to create equitable, transparent, and 
                transferable career-development pathways, the Federal 
                Government can scale and expand Registered 
                Apprenticeship programs to modernize and broaden 
                avenues to Federal jobs, thereby improving access to 
                opportunities for underserved workers.

                Additionally, Labor-Management Forums provide an 
                opportunity for managers, employees, and employees' 
                union representatives to discuss how Federal Government 
                operations can promote satisfactory labor relations and 
                improve the productivity and effectiveness of the 
                Federal Government. Labor-Management Forums, as 
                complements to the existing collective bargaining 
                process, allow managers and employees to collaborate in 
                order to continue to deliver the highest quality goods 
                and services to the American people.

                It is the policy of my Administration to promote 
                Registered Apprenticeships to meet employer needs while 
                investing in workers' skills; reducing employment 
                barriers; and promoting job quality, equity, inclusion, 
                and accessibility for the benefit of the Federal 
                Government and the Nation. Further, it is the policy of 
                my Administration to establish cooperative and 
                productive labor-management relations throughout the 
                executive branch.

                Sec. 2. Definitions. For purposes of this order:

                    (a) The term ``Registered Apprenticeship'' means an 
                industry-driven career pathway through which employers 
                can develop and prepare their future workforces and 
                individuals can obtain paid training, work experience, 
                progressive wage increases, classroom instruction, and 
                a portable, nationally recognized credential. A 
                Registered Apprenticeship must meet the requirements 
                for registration as set forth in 29 CFR parts 29 and 
                30.
                    (b) The term ``Pre-Apprenticeship'' has the meaning 
                set forth in 29 CFR 30.2.

[[Page 17266]]

                    (c) The term ``Labor-Management Forum'' means a 
                nonadversarial forum for managers, employees, and 
                employees' union representatives to discuss how Federal 
                Government operations can promote satisfactory labor 
                relations and improve the productivity and 
                effectiveness of the Federal Government.
                    (d) The term ``agencies'' means the Department of 
                State, the Department of the Treasury, the Department 
                of Defense, the Department of the Interior, the 
                Department of Agriculture, the Department of Commerce, 
                the Department of Labor, the Department of Health and 
                Human Services, the Department of Housing and Urban 
                Development, the Department of Transportation, the 
                Department of Energy, the Department of Education, the 
                Department of Veterans Affairs, the Department of 
                Homeland Security, the Environmental Protection Agency, 
                the Office of Management and Budget, the Office of the 
                United States Trade Representative, the Office of 
                Science and Technology Policy, the Council on 
                Environmental Quality, the Office of National Drug 
                Control Policy, the Office of the National Cyber 
                Director, the National Science Foundation, the National 
                Aeronautics and Space Administration, the Office of 
                Personnel Management (OPM), the General Services 
                Administration, and the Corporation for National and 
                Community Service.
                    (e) The term ``participating agencies'' means 
                agencies led by the heads of agencies listed in section 
                3(b) of this order.
                    (f) The term ``interested agencies'' means agencies 
                as defined in subsection (d) of this section, the heads 
                of which are not listed in section 3(b) of this order 
                but that are interested in expanding the use of 
                Registered Apprenticeships by either adding Registered 
                Apprenticeship criteria to grants or contracts or 
                including Registered Apprenticeship career 
                opportunities within their agency.
                    (g) The term ``Labor-Management Forum agencies'' 
                means all agencies subject to chapter 71 of title 5, 
                United States Code.

                Sec. 3. Registered Apprenticeship Interagency Working 
                Group. (a) There is established within the Executive 
                Office of the President the Registered Apprenticeship 
                Interagency Working Group (Working Group). The function 
                of the Working Group is to coordinate policy 
                development with regard to Registered Apprenticeships 
                and the effective implementation of this order. The 
                Director of the Office of Management and Budget, the 
                Assistant to the President for Economic Policy and 
                Director of the National Economic Council, and the 
                Assistant to the President and Director of the Domestic 
                Policy Council shall serve as Co-Chairs of the Working 
                Group. The Secretary of Labor and the Director of OPM 
                shall serve as Vice Chairs of the Working Group.

                    (b) In addition to the Co-Chairs and Vice Chairs, 
                the Working Group shall consist of the following 
                members:

(i) the Secretary of the Treasury;

(ii) the Secretary of Defense;

(iii) the Secretary of the Interior;

(iv) the Secretary of Agriculture;

(v) the Secretary of Commerce;

(vi) the Secretary of Health and Human Services;

(vii) the Secretary of Transportation;

(viii) the Secretary of Energy;

(ix) the Secretary of Education;

(x) the Secretary of Veterans Affairs;

(xi) the Secretary of Homeland Security;

(xii) the Administrator of the Environmental Protection Agency;

(xiii) the Director of the Office of Science and Technology Policy;

[[Page 17267]]

(xiv) the Assistant to the President and Director of the Gender Policy 
Council;

(xv) the National Cyber Director;

(xvi) the Director of the National Science Foundation;

(xvii) the Administrator of the National Aeronautics and Space 
Administration;

(xviii) the Administrator of General Services; and

(xix) the Chief Executive Officer of the Corporation for National and 
Community Service.

                The Co-Chairs may from time to time invite heads of 
                interested agencies to participate in the Working 
                Group.

                    (c) The Working Group shall support the 
                implementation of this order by providing guidance and 
                technical assistance to agencies.
                    (d) The Working Group shall submit an initial 
                report to the President within 180 days of the date of 
                this order. This report shall contain:

(i) initial findings and recommendations on potential opportunities for 
Registered Apprenticeship programs at participating and interested 
agencies, including an assessment of the need for new hiring and promotion 
authorities;

(ii) initial findings and recommendations on the promotion of hiring and 
career advancement in the Federal Government for individuals who have 
completed a Registered Apprenticeship;

(iii) an assessment of how Registered Apprenticeships may enable agencies 
to address hiring needs and improve employee retention for roles that are 
important to the mission of participating agencies and the operations of 
the Federal Government; and

(iv) an assessment of how Registered Apprenticeships may expand equity and 
accessibility and provide pathways into and up through Federal employment 
for individuals in underserved communities.

                    (e) The Working Group shall assist agencies, 
                consistent with applicable law, in promoting and 
                utilizing Registered Apprenticeships in Federal grant 
                programs and procurement as described in section 4 of 
                this order. To do so, the Working Group:

(i) may consult with stakeholders from industry, education, labor, and 
other areas of society to assess demand for Registered Apprenticeships in 
specific occupations and sectors identified by the Working Group;

(ii) shall review available data provided by the Department of Labor and 
other relevant agencies on a periodic basis to evaluate the prevalence and 
growth of Registered Apprenticeships in specific occupations and sectors 
identified by the Working Group;

(iii) shall encourage the use of common reporting criteria to support 
agency data collection and measurement of the utilization of Registered 
Apprenticeships in grants and procurement, including, where permissible, 
data on demographics and occupation;

(iv) shall collect information from participating agencies on best 
practices for the utilization of Registered Apprenticeships in grants and 
contracts, including for expanding job quality, equity, and access to 
employment for all individuals in underserved communities, and, consistent 
with applicable law, shall report this information publicly to assist 
agencies in fulfilling their responsibilities under this order;

(v) shall identify agency programs for which workforce development, 
including use of Registered Apprenticeships, is an allowable use of funds; 
and

(vi) shall identify agency programs for which grantees and contractors 
could be provided incentives, consistent with agency authorities, to adopt 
or expand Registered Apprenticeship programs for their workforces.

[[Page 17268]]

                Sec. 4. Procurement and Grants. (a) Agencies shall 
                review their Federal financial assistance programs and 
                procurement plans and identify where, as appropriate 
                and consistent with applicable law, they could include 
                requirements, application evaluation factors, or 
                incentives in appropriate program documents or 
                solicitations for grantees or contractors to employ 
                workers on projects receiving Federal funding who are 
                participating in, or who have completed, either a 
                Registered Apprenticeship or Pre-Apprenticeship.

                    (b) Agencies shall, as appropriate and consistent 
                with applicable law, apply the requirements, 
                application evaluation factors, or incentives that they 
                have identified pursuant to the review conducted in 
                subsection (a) of this section in appropriate program 
                documents or solicitations for grantees or contractors. 
                Agencies may consult the Working Group for technical 
                assistance and other appropriate support in these 
                efforts.
                    (c) Agencies shall annually report to the Working 
                Group on the programs and solicitations that included 
                the terms described in subsection (a) of this section 
                and the awards and contracts that promoted the use of 
                Registered Apprenticeships and Pre-Apprenticeships 
                pursuant to a requirement, application evaluation 
                factor, or incentive.

                Sec. 5. Expanded Use of Registered Apprenticeships at 
                Agencies. Based on recommendations from the initial 
                report described in section 3(d) of this order and in 
                consultation with the Working Group, agencies, as part 
                of their strategic workforce planning, shall take steps 
                to develop and expand the use of Registered 
                Apprenticeship programs, where practicable, to train 
                and develop incumbent workers and candidates for 
                employment to obtain the skills necessary to meet the 
                current and emerging needs of the agency workforce. 
                With respect to those programs:

                    (a) Agencies shall identify, in consultation with 
                OPM, existing authorities that can support both the 
                hiring of new employees for Registered Apprenticeships 
                and the training of incumbent workers through 
                Registered Apprenticeship programs.
                    (b) Based on recommendations from the initial 
                report described in section 3(d) of this order and in 
                consultation with the Working Group, agencies shall 
                identify top occupations, including those occupations 
                for which the agency faces challenges in recruitment 
                and training, for which the agency may benefit from the 
                use of Registered Apprenticeship programs. Any such 
                actions shall be consistent with section 6 of Executive 
                Order 14035 of June 25, 2021 (Diversity, Equity, 
                Inclusion, and Accessibility in the Federal Workforce).
                    (c) Agencies shall develop outreach and recruitment 
                strategies to attract individuals who may not otherwise 
                have considered a Registered Apprenticeship program for 
                Federal employment or advancement.
                    (d) In consultation with Federal unions through 
                Labor-Management Forums, agencies shall identify 
                opportunities for current Federal employees to access 
                and benefit from a Registered Apprenticeship program.
                    (e) Agencies shall establish training, mentorship, 
                and career-development services within Registered 
                Apprenticeship programs to support employee development 
                and retention.

                Sec. 6. Implementation of Labor-Management Forums 
                Throughout the Executive Branch. (a) Executive Order 
                13812 of September 29, 2017 (Revocation of Executive 
                Order Creating Labor-Management Forums), is hereby 
                revoked.

                    (b) Each Labor-Management Forum agency, consistent 
                with any guidance issued by OPM, shall:

(i) establish Labor-Management Forums by creating joint labor-management 
committees or councils at the levels of recognition and other appropriate 
levels agreed to by the employee union and management, or by adapting 
existing councils or committees if such groups exist, to help identify 
problems and propose solutions to better serve the public and agency 
mission;

[[Page 17269]]

(ii) allow employees and their union representatives to have pre-decisional 
involvement in workplace matters, including consultation on Registered 
Apprenticeship recommendations and discussions with management for the 
development of joint solutions to workplace challenges; and

(iii) evaluate and document, in consultation with union representatives and 
any further guidance provided by OPM, changes in employee satisfaction, 
manager satisfaction, and organizational performance resulting from the 
Labor-Management Forums.

                    (c) Each head of a Labor-Management Forum agency 
                for which there exists one or more exclusive 
                representatives, as defined in 5 U.S.C. 7103(a)(16), 
                shall, in consultation with union representatives, 
                prepare and submit to OPM, within 180 days of the date 
                of this order, a written implementation plan that 
                addresses the requirements of subsection (b) of this 
                section. The Office of Personnel Management shall 
                review each plan within 60 days of receipt and shall 
                determine whether to certify that the plan satisfies 
                the requirements of this order and any further guidance 
                issued by OPM. Upon certification, the head of each 
                Labor-Management Forum agency shall ensure that the 
                certified plan is faithfully executed. Any plan that is 
                determined by OPM to be insufficient shall be returned 
                to the Labor-Management Forum agency with guidance for 
                improvement, and the agency shall resubmit its revised 
                plan to OPM within 30 days of receipt of the original 
                plan from OPM.

                Sec. 7. General Provisions. (a) This order supersedes 
                Executive Order 13522 of December 9, 2009 (Creating 
                Labor-Management Forums to Improve Delivery of 
                Government Services).

                    (b) Nothing in this order shall abrogate any 
                collective bargaining agreements in effect as of the 
                date of this order.
                    (c) Nothing in this order shall be construed to 
                limit, preclude, or prohibit the head of any executive 
                department or agency from electing to negotiate over 
                any or all of the subjects set forth in 5 U.S.C. 
                7106(b)(1) in any negotiation.
                    (d) Nothing in this order shall be construed to 
                impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (e) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 17270]]

                    (f) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    March 6, 2024.

[FR Doc. 2024-05220
Filed 3-8-24; 8:45 am]
Billing code 3395-F4-P