CHAPTER 4C—APPRENTICE LABOR

        

§50. Promotion of labor standards of apprenticeship

The Secretary of Labor is authorized and directed to formulate and promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, to extend the application of such standards by encouraging the inclusion thereof in contracts of apprenticeship, to bring together employers and labor for the formulation of programs of apprenticeship, to cooperate with State agencies engaged in the formulation and promotion of standards of apprenticeship, and to cooperate with the Secretary of Education in accordance with section 17 of title 20. For the purposes of this chapter the term "State" shall include the District of Columbia.

(Aug. 16, 1937, ch. 663, §1, 50 Stat. 664; 1939 Reorg. Plan No. I, §§ 201, 204, 206, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, 1425; July 12, 1943, ch. 221, title VII, 57 Stat. 518; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 93–198, title II, § 204(h), Dec. 24, 1973, 87 Stat. 784; Pub. L. 96–88, title III, §301(a)(1), Oct. 17, 1979, 93 Stat. 677.)

Editorial Notes

References in Text

Section 17 of title 20, referred to in text, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 643.

Codification

Words "with the National Youth Administration" were omitted from text in view of abolition of National Youth Administration by act July 12, 1943.

Amendments

1973—Pub. L. 93–198 inserted provision that "State" includes the District of Columbia.

Statutory Notes and Related Subsidiaries

Effective Date of 1973 Amendment

Amendment by Pub. L. 93–198 effective July 1, 1974, see section 771(b) of Pub. L. 93–198, set out in part as a note under section 49b of this title.

Short Title of 2020 Amendment

Pub. L. 116–134, §1, Mar. 26, 2020, 134 Stat. 276, provided that: "This Act [enacting section 50c of this title] may be cited as the 'Support for Veterans in Effective Apprenticeships Act of 2019'."

Short Title

The act of Aug. 16, 1937, ch. 663, 50 Stat. 664, which enacted this chapter, is popularly known as the "National Apprenticeship Act".

Transfer of Functions

"Secretary of Education" substituted in text for "Office of Education under the Department of Health, Education, and Welfare", pursuant to section 301(a)(1) of Pub. L. 96–88, which is classified to section 3441(a)(1) of Title 20, Education, and which transferred all functions of Office of Education to Secretary of Education.

Executive Documents

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Reorg. Plan No. I of 1939, consolidated National Youth Administration and Office of Education, with other agencies, into Federal Security Agency under supervision and direction of Federal Security Administrator.

Executive Order No. 13801

Ex. Ord. No. 13801, June 15, 2017, 82 F.R. 28229, which related to expanding apprenticeships and reducing federally funded education and workforce development programs, was revoked by Ex. Ord. No. 14016, Feb. 17, 2021, 86 F.R. 11089.

§50a. Publication of information; national advisory committees

The Secretary of Labor may publish information relating to existing and proposed labor standards of apprenticeship, and may appoint national advisory committees to serve without compensation. Such committees shall include representatives of employers, representatives of labor, educators, and officers of other executive departments, with the consent of the head of any such department.

(Aug. 16, 1937, ch. 663, §2, 50 Stat. 665.)

§50b. Appointment of employees

The Secretary of Labor is authorized to appoint such employees as he may from time to time find necessary for the administration of this chapter, with regard to existing laws applicable to the appointment and compensation of employees of the United States.

(Aug. 16, 1937, ch. 663, §3, 50 Stat. 665; July 12, 1943, ch. 221, title VII, 57 Stat. 518.)

Editorial Notes

Codification

Proviso authorizing employment of certain persons in the division of apprentice training of National Youth Administration, was omitted in view of abolition of that agency by act July 12, 1943.

Provision formerly in this section relieved National Youth Administration, after August 16, 1937, of responsibility for promotion of labor standards of apprenticeship, and directed transfer of records and papers to Department of Labor.

§50c. Improved apprenticeship program coordination between the Department of Labor and the Department of Veterans Affairs

(a) Definitions

In this Act:

(1) Registered apprenticeship program

The term "registered apprenticeship program" means an apprenticeship program registered under the Act of August 16, 1937 (50 Stat. 664; commonly referred to as the "National Apprenticeship Act").

(2) Secretary

The term "Secretary" means the Secretary of Labor.

(b) Additional registered apprenticeship program requirements

Notwithstanding any other provision of law, for any program applying to become a registered apprenticeship program on or after the date that is 180 days after March 26, 2020, the Secretary shall—

(1) acquire from the program sponsor a written assurance that the sponsor—

(A) is aware of the availability of educational assistance for a veteran or other individual eligible under chapters 30 through 36 of title 38 for use in connection with a registered apprenticeship program;

(B) will make a good faith effort to obtain approval for educational assistance described in subparagraph (A) for, at a minimum, each program location that employs or recruits a veteran or other individual eligible for educational assistance under chapters 30 through 36 of title 38; and

(C) will not deny the application of a qualified candidate who is a veteran or other individual eligible for educational assistance described in subparagraph (A) for the purpose of avoiding making a good faith effort to obtain approval as described in subparagraph (B);

(2) in accordance with paragraphs (5) and (12) of section 29.5(b) of title 29, Code of Federal Regulations (as in effect on the day before March 26, 2020), require the program sponsor, to the extent practicable, to provide standards that contain provisions to grant advanced standing or credit, and provide increased wages commensurate to such standing or credit, for any veteran or other individual eligible for educational assistance under chapters 30 through 36 of title 38 who—

(A) is enrolled in the registered apprenticeship program; and

(B)(i) has a demonstrated competence applicable to the apprenticeship occupation; or

(ii) has acquired experience, training, or skills through military service that is applicable to the apprenticeship occupation; and

(3) when the Secretary approves the registered apprenticeship program, provide a copy of the program's certificate of registration to the State approving agency designated under chapter 36 of title 38 in the State where the program is located.

(Pub. L. 116–134, §2, Mar. 26, 2020, 134 Stat. 276.)

Editorial Notes

References in Text

This Act, referred to in subsec. (a), is Pub. L. 116–134, Mar. 26, 2020, 134 Stat. 276, known as the Support for Veterans in Effective Apprenticeships Act of 2019, which enacted this section and provisions set out as a note under section 50 of this title. For complete classification of this Act to the Code, see Short Title of 2020 Amendment note set out under section 50 of this title and Tables.

The Act of August 16, 1937, referred to in subsec. (a)(1), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, popularly known as the National Apprenticeship Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 50 of this title and Tables.

Codification

Section was enacted as part of the Support for Veterans in Effective Apprenticeships Act of 2019, and not as part of the National Apprenticeship Act which comprises this chapter.