[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3768 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3768
To require the Secretary of Labor to implement the industry-recognized
apprenticeship program process, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2022
Mr. Thune (for himself and Mr. Scott of South Carolina) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require the Secretary of Labor to implement the industry-recognized
apprenticeship program process, and for other purposes.
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 ``Training America's Workforce Act''.
SEC. 2. INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS.
The Act of August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 63; 29 U.S.C. 50 et seq.),
is amended--
(1) by redesignating section 4 as section 5; and
(2) by adding at the end the following:
``SEC. 4. INDUSTRY-RECOGNIZED APPRENTICESHIP PROGRAMS.
``(a) Definitions.--In this section:
``(1) Industry-recognized apprenticeship program.--The term
`industry-recognized apprenticeship program'--
``(A) means a high-quality, competency-based
apprenticeship program that is--
``(i) recognized by a standards recognition
entity; and
``(ii) developed or delivered by an entity
such as a trade or industry group, corporation,
nonprofit organization, institution of higher
education, labor organization, or labor-
management organization (among other entities,
as determined appropriate by the Secretary);
and
``(B) may include a program that meets the
requirements of subparagraph (A) and trains apprentices
to perform construction activities.
``(2) Secretary.--The term `Secretary' means the Secretary
of Labor.
``(3) Standards recognition entity.--The term `standards
recognition entity' means a private sector or public sector
entity that--
``(A) is recognized by the Secretary (acting
through the Administrator of the Office of
Apprenticeship of the Department of Labor) for purposes
of recognizing apprenticeship programs as industry-
recognized apprenticeship programs;
``(B) has a demonstrated ability to ensure an
industry-recognized apprenticeship program meets the
standards described in subsection (d); and
``(C) has the capacity to perform the oversight
necessary to ensure the ongoing compliance of an
industry-recognized apprenticeship program with such
standards.
``(b) Recognition of Industry-Recognized Apprenticeship Programs.--
``(1) In general.--By not later than 1 year after the date
of enactment of the Training America's Workforce Act, the
Secretary, after consultation with private sector industry
associations, institutions of higher education, State, local,
and Tribal governmental agencies, and other stakeholders the
Secretary determines appropriate, shall establish a process to
recognize entities as standards recognition entities for
purposes of recognizing industry-recognized apprenticeship
programs under this Act.
``(2) Limited discretion.--The Secretary shall not deny
recognition as a standards recognition entity to a private
sector or public sector entity that meets the requirements of
subparagraphs (B) and (C) of subsection (a)(3) and
satisfactorily completes the process established under
paragraph (1).
``(3) Administrative flexibility.--The Secretary shall
ensure that the recognition process for standards recognition
entities established under paragraph (1) is a flexible process
with low administrative and reporting burdens for the standards
recognition entities and industry-recognized apprenticeship
programs.
``(c) Requirements.--The recognition process of standards
recognition entities and the activities and procedures carried out by
the standards recognition entities shall, to the maximum extent
practicable and except as otherwise explicitly provided in this
section, be consistent with the requirements, activities, and
procedures under subpart B of part 29 of title 29, Code of Federal
Regulations, as such subpart was in effect on May 11, 2020.
``(d) Standards.--Each standard recognition entity shall establish
standards for the industry-recognized apprenticeship programs
recognized by the entity that, at a minimum, ensure that each industry-
recognized apprenticeship program--
``(1) includes--
``(A) paid work;
``(B) on-the-job learning;
``(C) a mentorship component;
``(D) education and classroom instruction;
``(E) a written training plan and apprenticeship
agreement; and
``(F) safety and supervision components; and
``(2) provides, during participation in or upon completion
of the apprenticeship, an industry-recognized credential.
``(e) Rule of Construction.--Nothing in this section shall be
construed as affecting apprenticeship programs registered under this
Act and recognized by the Secretary of Labor.''.
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