Apprenticeship Enhancement Act - Amends the National Apprenticeship Act to direct the Secretary of Labor to ensure that applications relating to apprenticeship programs are processed in a fair and timely manner. Allows aggrieved applicants to file petitions for judicial review of final determinations by the Secretary or applicable designee.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3613 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3613
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2005
Mr. Wicker (for himself, Mr. McKeon, Mr. Norwood, Mrs. Drake, Mr. Gary
G. Miller of California, Mr. Bonner, Mr. Tiahrt, Mr. Burgess, Mr.
Barrett of South Carolina, Mr. Keller, Mr. Boustany, Mr. Kingston, Mr.
Sullivan, Mr. Burton of Indiana, Mr. Davis of Kentucky, Mr. Hastings of
Florida, and Mr. Conaway) introduced the following bill; which was
referred to the Committee 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Apprenticeship Enhancement Act''.
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 certification and registration of
all apprenticeship programs in a timely and efficient manner.
SEC. 3. ACCOUNTABILITY IN THE APPROVAL AND REGISTRATION 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 REVIEW.
``(a) Procedures Required.--The Secretary of Labor shall ensure the
following:
``(1) That for each apprenticeship application submitted to
an entity responsible for rendering decisions with respect to
that application (such as a State Apprenticeship Council or
Bureau of Apprenticeship and Training)--
``(A) that entity shall render a decision on that
application before the expiration of the period of 90
calendar days beginning on the date on which that
application was submitted; or
``(B) if that entity cannot comply with
subparagraph (A), that entity shall provide written
notice to the applicant of the status of the
application, and render a decision on that application
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
subparagraph (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 parties 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 Department 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 applicable)
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
entity responsible for rendering the decision under paragraph
(1).
``(7) That if the Secretary (or designee, if applicable)
fails to make such final determination before the expiration of
such period, such final determination shall be deemed to be to
approve the application.
``(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' includes any application for
approval, certification, or registration 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 enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on 21st Century Competitiveness.
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