Employment ratio

(a) In general 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 7; and (2) by inserting after section 3 the following: 4. Recognition of industry-recognized apprenticeship programs (a) Recognition of industry-Recognized apprenticeship programs (1) In general Not later than 1 year after the date of enactment of the Skilled JOBS 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 section 6(4) 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. (b) Standards required Each standards 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 development plan and apprenticeship agreement; and (F) safety and supervision components; (2) provides, during participation in or upon completion of the apprenticeship, an industry-recognized credential; and (3) is carried out by an entity that satisfies the requirement under section 5(a)(1). 5. Employment ratio of journeyworkers required; study (a) Journeyworker employment ratio (1) In general An apprenticeship registered under this Act and an industry-recognized apprenticeship program shall employ at least 1 journeyworker for every 3 apprentices participating in such apprenticeship or program. (2) Variation The Secretary, after carrying out the study described in subsection (b), may vary the requirement under paragraph (1) by requiring fewer journeyworkers to be employed than is required under such paragraph. (b) Study Not later than 1 year after the date of enactment of this Act, the Secretary shall carry out a study evaluating— (1) how the requirement described in subsection (a)(1) has affected the safety of apprentices participating in an apprenticeship registered under this Act or industry-recognized apprenticeship programs; (2) whether such requirement has had an effect on the cost of carrying out such apprenticeships or programs; and (3) whether such requirement should be modified. 6. Definitions In this Act: (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, or any other entity 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) Journeyworker The term journeyworker means a worker who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the occupation. (3) Secretary The term Secretary means the Secretary of Labor. (4) Standards recognition entity The term standards recognition activity 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 section 4(b); and (C) has the capacity to perform the oversight necessary to ensure the ongoing compliance on an industry-recognized apprenticeship program with such standards..