II
117th CONGRESS
2d Session
S. 3768
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.
Short title
This Act may be cited as the Training America’s Workforce Act
.
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—
by redesignating section 4 as section 5; and
by adding at the end the following:
Industry-recognized apprenticeship programs
Definitions
In this section:
Industry-recognized apprenticeship program
The term industry-recognized apprenticeship program—
means a high-quality, competency-based apprenticeship program that is—
recognized by a standards recognition entity; and
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
may include a program that meets the requirements of subparagraph (A) and trains apprentices to perform construction activities.
Secretary
The term Secretary means the Secretary of Labor.
Standards recognition entity
The term standards recognition entity means a private sector or public sector entity that—
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;
has a demonstrated ability to ensure an industry-recognized apprenticeship program meets the standards described in subsection (d); and
has the capacity to perform the oversight necessary to ensure the ongoing compliance of an industry-recognized apprenticeship program with such standards.
Recognition of industry-Recognized apprenticeship programs
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.
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).
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.
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.
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—
includes—
paid work;
on-the-job learning;
a mentorship component;
education and classroom instruction;
a written training plan and apprenticeship agreement; and
safety and supervision components; and
provides, during participation in or upon completion of the apprenticeship, an industry-recognized credential.
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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