[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 559 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 559
To promote the furtherance of standards necessary to safeguard the
welfare of apprentices.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2021
Mr. Levin of Michigan (for himself and Ms. Bonamici) introduced the
following bill; which was referred to the Committee on Education and
Labor
_______________________________________________________________________
A BILL
To promote the furtherance of standards necessary to safeguard the
welfare of apprentices.
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 ``Strengthening Training and
Accessibility for New and Diverse Apprenticeships through Relevant and
Dependable Standards Act'' or the ``STANDARDS Act''.
SEC. 2. QUALITY STANDARDS OF APPRENTICESHIP PROGRAMS UNDER THE NATIONAL
APPRENTICESHIP SYSTEM.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Labor (acting through the
Administrator of the Office of Apprenticeship) shall formulate and
promote the furtherance of quality standards necessary to safeguard the
welfare of apprentices.
(b) Apprenticeship Program Standards.--An apprenticeship program
shall meet the following standards:
(1) The program has an organized and clearly written plan,
developed by the sponsor, that includes, at a minimum, the
following information:
(A) The employment and training to be received by
each apprentice participating in the program,
including--
(i) an outline of the work processes or the
plan in which the apprentice will receive
supervised work experience and on-the-job
learning;
(ii) the allocation of the approximate
amount of time to be spent in each major work
process by the apprentice;
(iii) a description of the mentoring that
will be provided to the apprentice; and
(iv) a description or timeline explaining
the periodic reviews and evaluations of the
apprentice's performance on the job and in
related instruction.
(B) A process for maintaining appropriate progress
records, including the reviews and evaluations
described in subparagraph (A)(iv).
(C) A description of the organized, related
instruction the apprentice will receive in technical
subjects related to the occupation, which--
(i) for time-based or hybrid apprenticeship
programs as described in subparagraph (E),
shall include not less than 144 hours for each
year of apprenticeship, unless an alternative
requirement is put forth by the employer and
sponsor that reflects industry standards and is
accepted by the Administrator;
(ii) may be accomplished through classroom
instruction, occupational or industry courses,
instruction provided through electronic media,
or other instruction approved by the
registration agency;
(iii) shall be provided by one or more
qualified instructors that--
(I)(aa) meet technical instructor
requirements of the applicable
education agency in the State of
registration; or
(bb) are subject matter experts,
defined for purposes of this
subparagraph as individuals recognized
within an industry as having expertise
in a specific occupation; and
(II) have training in teaching
techniques and learning styles, or will
obtain such training before providing
the related technical instruction; and
(iv) where appropriate and to the extent
practicable, shall be aligned to a career
pathway.
(D) A progressively increasing, clearly defined
schedule of wages to be paid to the apprentice that
is--
(i) consistent with measurable skill gains;
and
(ii) ensures the entry wage is not less
than the greater of--
(I) the minimum wage required under
section 6(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C.
206(a)); or
(II) the applicable wage required
by other applicable Federal or State
laws (including regulations) or
collective bargaining agreements.
(E) The term of the apprenticeship program, which
may be measured through--
(i) a time-based model, which requires the
completion of the industry standard for on-the-
job learning hours, which in no case shall be
less than 2,000 hours, unless an alternative
requirement is put forth by the employer and
sponsor that reflects industry standards and is
accepted by the Secretary and registration
agency;
(ii) a competency-based model, which
requires the attainment of competency in the
occupation; or
(iii) a hybrid model, which blends the
time-based and competency-based approaches.
(F) The methods used to measure an apprentice's
skills and competencies, may include an initial
diagnostic assessment of credentials that verify an
individual's foundational knowledge and skills that
would be needed to succeed in an apprenticeship
program, and which shall include--
(i) in the case of a time-based
apprenticeship described in subparagraph
(E)(i), the individual apprentice's completion
of the required hours of on-the-job learning as
described in a work process schedule;
(ii) in the case of a competency-based
model, the individual apprentice's successful
demonstration of acquired skills and knowledge
through appropriate means of testing and
evaluation for such competencies, and by
requiring apprentices to complete a paid on-
the-job learning component of the
apprenticeship; or
(iii) in the case of a hybrid
apprenticeship described in subparagraph
(E)(iii), a combination of specified minimum
number of hours of on-the-job learning and the
successful demonstration of competency, as
described in a work process schedule.
(2) The program equally grants advanced standing or credit
to all individuals applying for the apprenticeship with
demonstrated competency or acquired experience, training, or
skills, and provides commensurate wages for any progression in
standing or credit so granted, including for veterans' service
acquired skills and experiences.
(3) The program has minimum qualifications for individuals
desiring to enter the apprenticeship program, with an eligible
starting age for an apprentice of not less than 16 years.
(4) In the case of a program that chooses to issue an
interim credential, the program--
(A) clearly identifies each interim credential;
(B) only issues an interim credential for
recognized components of an apprenticeable occupation
and demonstrates how each interim credential
specifically links to the knowledge, skills, and
abilities associated with such components; and
(C) establishes the process for assessing an
individual apprentice's demonstration of competency and
measurable skill gains associated with the particular
interim credential.
(5) The program--
(A) has adequate and safe equipment, environments,
and facilities for training and supervision;
(B) provides safety training on-the-job and in
related instruction as applicable by apprenticeable
occupation; and
(C) provides adequate training for mentors and
qualified instructors on providing a safe work and
training environment.
(6) The program records and maintains all records
concerning the program as may be required by the Secretary, the
registration agency of the program, or any other applicable
law, including records required under title 38, United States
Code, in order for veterans and other individuals eligible for
educational assistance under such title to use such assistance
for enrollment in the program.
(7) The Administrator shall promote diversity and ensure
equal opportunity to participate in programs for apprentices,
youth apprentices, and pre-apprentices, including--
(A) taking steps necessary to promote diversity in
apprenticeable occupations under the national
apprenticeship system, especially in high-skill, high-
wage, or in-demand industry sectors and occupations in
areas with high percentages of low-income individuals;
(B) ensuring programs under the national
apprenticeship system--
(i) adopt and implement policies to provide
for equal opportunity in such programs, as
described in section 30.3 of title 29, Code of
Federal Regulations (as in effect on January
31, 2020);
(ii) do not engage in intimidation or
retaliation as prohibited under section 30.17
of title 29, Code of Federal Regulations (as in
effect on January 31, 2020); and
(iii) are subject, for any violation of
clause (i) or (ii), to enforcement action under
this Act; and
(C) supporting the recruitment, employment, and
retention of nontraditional apprenticeship populations
in programs under the national apprenticeship system in
high-skill, high-wage, and in-demand industry sectors
and occupations, including women, people of color,
individuals with disabilities, individuals impacted by
the criminal and juvenile justice system, and
individuals with barriers to employment, as applicable.
(8) The program awards a certificate of completion in
recognition of successful completion of the program, evidenced
by an appropriate certificate issued by the registration
agency, and culminates in a recognized postsecondary credential
(as defined in section 3 of the Workforce Innovation and
Opportunity Act).
(9) The program provides that an individual who is to
become a program participant under the program enters into a
written apprenticeship agreement with the sponsor of the
program.
(10) The ratio of program participants to supervisors (such
as journeyworkers, mentors, or on-the-job learning instructors,
as applicable) for the apprenticeable occupation, that are
based on evidence-based and evidence-informed best practices
for supervision, training, safety, and continuity of
employment, throughout the work processes of the program, job
site, department, or plant, appropriate for the degree of
hazard in different occupations, and provisions in collective
bargaining agreements, as applicable, except if such ratios are
expressly prohibited by the collective bargaining agreements.
(c) Apprenticeship Agreements.--
(1) In general.--To ensure the standards described in
subsection (b) are applied to programs under the national
apprenticeship system, the Administrator shall require a
sponsor to develop an apprenticeship agreement that shall--
(A) be the same for each program participant;
(B) contain the names and signatures of the program
participant and the sponsor;
(C) meet the requirements of paragraph (2); and
(D) be submitted to the registration agency in
accordance with the registration requirements of the
program sponsor.
(2) Standards.--Each agreement under paragraph (1) shall
contain, explicitly or by reference, program standards under
subsection (b), including--
(A) in the case of an apprenticeship program--
(i) that is time-based, a statement of the
number of hours to be spent by the program
participant in on-the-job learning and on-the-
job training in order to complete the program;
(ii) that is competency-based, a
description of the skill sets to be attained by
completion of the program, including the on-
the-job learning and work components; or
(iii) that is a hybrid model, the minimum
number of hours to be spent by the program
participant in on-the-job learning and work
components and in related instruction, and a
description of the skill sets and competencies
to be attained by completion of the program;
(B) the number of hours and form of related
instruction, including how related instruction will be
compensated (whether through academic credit, wages, or
both), the costs the program participant will incur
costs for participating in the program (such as for
equipment or related instruction), and the recognized
postsecondary credentials the program participants will
be eligible to receive upon program completion;
(C) a schedule of the work processes in the
occupation or industry divisions in which the program
participant is to be trained and the approximate time
to be spent at each process;
(D) for apprenticeships or youth apprenticeships,
the graduated wage scale to be paid to the apprentices,
benefits offered to the apprentices, and how the wages
and benefits compare to State, local, or regional wages
in the related occupation; and
(E) demonstration of commitment to and compliance
with subsection (b)(7).
(d) Apprenticeable Occupation.--For an occupation to be an
apprenticeable occupation under this Act, a person seeking approval for
such occupation to be an apprenticeable occupation shall submit an
application to the Secretary of Labor (acting through the Administrator
of the Office of Apprenticeship) that demonstrates that such
apprenticeable occupation will prepare individuals for the full range
of skills and competencies needed for such occupation by describing how
such apprenticeable occupation shall--
(1) meet the industry recognized occupational standards
required by the Administrator; or
(2) involve the progressive attainment of skills
competencies and knowledge that are--
(A) clearly identified and commonly recognized
throughout an industry or occupation;
(B) customarily learned or enhanced in a practical
way through a structured, systematic program of on-the-
job supervised learning and related instruction to
supplement such learning; and
(C) offered through a time-based, competency-based,
or a hybrid model measured using--
(i) a time-based model, which requires the
completion of the industry standard for on-the-
job learning hours, which in no case shall be
less than 2,000 hours, unless an alternative
requirement is put forth by the employer and
sponsor that reflects industry standards and is
accepted by the Secretary;
(ii) a competency-based model, which
requires the attainment of competency in the
occupation; or
(iii) a hybrid model, which blends the
time-based and competency-based approaches.
(e) Registration Agency Defined.--The term ``registration agency''
means the State Office of Apprenticeship or State apprenticeship agency
in a State that is responsible for--
(1) approving or denying applications from sponsors for
registration of programs under the national apprenticeship
system in the State or area covered by the registration agency;
and
(2) carrying out the responsibilities of supporting the
apprenticeship programs registered by the registration agency,
including--
(A) determining whether to approve a proposal
submitted by a sponsor and notifying the sponsor of the
determination by not later than 60 days after receipt
of the proposal; and
(B) if the proposal is approved, the amending the
record of the program to reflect the modification or
change, and providing the sponsor or program
administrator with an acknowledgment of the amended
program, by not later than 30 days after the date of
approval.
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