[Congressional Record Volume 168, Number 40 (Monday, March 7, 2022)]
[Senate]
[Pages S1017-S1018]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. THUNE (for himself and Mr. Scott of South Carolina):
S. 3768. A bill to require the Secretary of Labor to implement the
industry-recognized apprenticeship program process, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. THUNE. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3768
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'--
[[Page S1018]]
``(A) means a high-quality, competency-based apprenticeship
program that is--
``(i) recognized by a standards recognition entity;
``(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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