[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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