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S. 3768: Training America’s Workforce Act


The text of the bill below is as of Mar 7, 2022 (Introduced).


II

117th CONGRESS

2d Session

S. 3768

IN THE SENATE OF THE UNITED STATES

March 7, 2022

(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.

1.

Short title

This Act may be cited as the Training America’s Workforce Act.

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:

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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