I
106TH CONGRESS
2D SESSION
H. R. 4781
To amend the National Apprenticeship Act to provide that applications relat-
ing to apprenticeship programs are processed in a fair and timely man-
ner, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 28, 2000
Mr. WICKER (for himself, Mr. FORD, Mr. GOODLING, Mr. GARY MILLER of
California, Mr. WAMP, Mr. KOLBE, Mr. PICKERING, Mr. BAKER, and Mr.
CALVERT) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce
A BILL
To amend the National Apprenticeship Act to provide that
applications relating to apprenticeship programs are
processed in a fair and timely manner, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Apprenticeship En-
hancement Act of 2000’’.
SEC. 2. PURPOSE.
The purpose of this Act is to promote accountability
and fairness in the approval of apprenticeship programs
and registration of apprentices and to provide for the cer-
tification and registration of all apprenticeship programs
in a timely and efficient manner.
SEC. 3. ACCOUNTABILITY IN THE APPROVAL AND REG-
ISTRATION OF APPRENTICESHIP PROGRAMS.
The National Apprenticeship Act (29 U.S.C. 50 et
seq.) is amended by adding at the end the following new
section:
‘‘SEC. 5. ADMINISTRATIVE PROCEDURES AND JUDICIAL RE-
VIEW.
‘‘(a) PROCEDURES REQUIRED.—The Secretary of
Labor shall ensure the following:
‘‘(1) That for each apprenticeship application
submitted to an entity responsible for rendering de-
cisions with respect to that application (such as a
State Apprenticeship Council or Bureau of Appren-
ticeship and Training)—
‘‘(A) that entity shall render a decision on
that application before the expiration of the pe-
riod of 90 calendar days beginning on the date
on which that application was submitted; or
‘‘(B) if that entity cannot comply with sub-
paragraph (A), that entity shall provide written
notice to the applicant of the status of the ap-
plication, and render a decision on that applica-
tion before the expiration of the period of 120
calendar days beginning on the date on which
that application was submitted; or
‘‘(C) if that entity cannot comply with sub-
paragraph (B), the application shall be deemed
a petition for review filed under paragraph (4)
by the applicant on the date after the expiration
of the period referred to in subparagraph (B).
‘‘(2) That each decision described in paragraph
(1) shall be rendered without sole regard to whether
persons not directly participating in or sponsoring
the application object to the application.
‘‘(3) That each decision described in paragraph
(1) shall be promptly provided to all concerned par-
ties in a writing that sets forth clearly the factual
and legal basis for the decision.
‘‘(4) That any applicant aggrieved by a decision
rendered under paragraph (1) shall be entitled to file
a petition for review from that decision before the
Secretary or the Secretary’s designee within the De-
partment of Labor, which shall be independent of
the entity rendering that decision.
‘‘(5) That in the event of any factual dispute on
a petition for review, the applicant may request an
adjudicatory hearing, which shall be conducted on
the record pursuant to sections 554, 556, and 557
of title 5, United States Code.
‘‘(6) That the Secretary (or designee, if applica-
ble) shall, before the expiration of the period of 30
days beginning on the date that the applicant filed
the petition for review (or, if the applicant requested
an adjudicatory hearing, the date of the end of that
hearing), make a final determination and deliver a
copy of that determination to all concerned parties.
Such final determination shall be binding on the en-
tity responsible for rendering the decision under
paragraph (1).
‘‘(7) That if the Secretary (or designee, if appli-
cable) fails to make such final determination before
the expiration of such period, such final determina-
tion shall be deemed to be to approve the applica-
tion.
‘‘(b) JUDICIAL
REVIEW.—A final determination
under subsection (a)(6) shall be binding on the applicant
unless the affected applicant files a petition for judicial
review of that final determination. Judicial review of that
determination shall be on the record on which the final
determination is based.
‘‘(c) APPRENTICESHIP APPLICATION.—For purposes
of this section, the term ‘apprenticeship application’ in-
cludes any application for approval, certification, or reg-
istration of an apprentice or apprenticeship program.’’.
SEC. 4. APPLICABILITY.
The amendment made by section 3 of this Act shall
apply to all applications filed after the date of the enact-
ment of this Act.
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