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.

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. .