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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8302 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 8302

  To promote the furtherance of standards necessary to safeguard the 
                        welfare of apprentices.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 2020

  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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