H. R. 3613
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
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.
This Act may be cited as the
Apprenticeship Enhancement Act.
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.
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:
Administrative procedures and judicial review
The Secretary of Labor shall ensure the following:
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)—
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
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
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).
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.
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.
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.
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.
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).
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.
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.
For purposes of this section, the term apprenticeship application includes any application for approval, certification, or registration of an apprentice or apprenticeship program.
The amendment made by section 3 of this Act shall apply to all applications filed after the date of the enactment of this Act.