STANDARDS Act

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Strengthening Train- 4 ing and Accessibility for New and Diverse Apprenticeships 5 through Relevant and Dependable Standards Act’’ or the 6 ‘‘STANDARDS Act’’. 7 VerDate Sep 11 2014 00:07 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8302.IH H8302 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8302 IH SEC. 2. QUALITY STANDARDS OF APPRENTICESHIP PRO- 1 GRAMS UNDER THE NATIONAL APPRENTICE- 2 SHIP SYSTEM. 3 (a) IN GENERAL.—Not later than one year after the 4 date of enactment of this Act, the Secretary of Labor (act- 5 ing through the Administrator of the Office of Apprentice- 6 ship) shall formulate and promote the furtherance of qual- 7 ity standards necessary to safeguard the welfare of ap- 8 prentices. 9 (b) APPRENTICESHIP PROGRAM STANDARDS.—An 10 apprenticeship program shall meet the following stand- 11 ards: 12 (1) The program has an organized and clearly 13 written plan, developed by the sponsor, that in- 14 cludes, at a minimum, the following information: 15 (A) The employment and training to be re- 16 ceived by each apprentice participating in the 17 program, including— 18 (i) an outline of the work processes or 19 the plan in which the apprentice will re- 20 ceive supervised work experience and on- 21 the-job learning; 22 (ii) the allocation of the approximate 23 amount of time to be spent in each major 24 work process by the apprentice; 25 VerDate Sep 11 2014 22:17 Oct 05, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8302.IH H8302 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8302 IH (iii) a description of the mentoring 1 that will be provided to the apprentice; and 2 (iv) a description or timeline explain- 3 ing the periodic reviews and evaluations of 4 the apprentice’s performance on the job 5 and in related instruction. 6 (B) A process for maintaining appropriate 7 progress records, including the reviews and 8 evaluations described in subparagraph (A)(iv). 9 (C) A description of the organized, related 10 instruction the apprentice will receive in tech- 11 nical subjects related to the occupation, 12 which— 13 (i) for time-based or hybrid appren- 14 ticeship programs as described in subpara- 15 graph (E), shall include not less than 144 16 hours for each year of apprenticeship, un- 17 less an alternative requirement is put forth 18 by the employer and sponsor that reflects 19 industry standards and is accepted by the 20 Administrator; 21 (ii) may be accomplished through 22 classroom instruction, occupational or in- 23 dustry courses, instruction provided 24 VerDate Sep 11 2014 00:07 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8302.IH H8302 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 8302 IH through electronic media, or other instruc- 1 tion approved by the registration agency; 2 (iii) shall be provided by one or more 3 qualified instructors that— 4 (I)(aa) meet technical instructor 5 requirements of the applicable edu- 6 cation agency in the State of registra- 7 tion; or 8 (bb) are subject matter experts, 9 defined for purposes of this subpara- 10 graph as individuals recognized within 11 an industry as having expertise in a 12 specific occupation; and 13 (II) have training in teaching 14 techniques and learning styles, or will 15 obtain such training before providing 16 the related technical instruction; and 17 (iv) where appropriate and to the ex- 18 tent practicable, shall be aligned to a ca- 19 reer pathway. 20 (D) A progressively increasing, clearly de- 21 fined schedule of wages to be paid to the ap- 22 prentice that is— 23 (i) consistent with measurable skill 24 gains; and 25 VerDate Sep 11 2014 00:07 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8302.IH H8302 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 8302 IH (ii) ensures the entry wage is not less 1 than the greater of— 2 (I) the minimum wage required 3 under section 6(a) of the Fair Labor 4 Standards Act of 1938 (29 U.S.C. 5 206(a)); or 6 (II) the applicable wage required 7 by other applicable Federal or State 8 laws (including regulations) or collec- 9 tive bargaining agreements. 10 (E) The term of the apprenticeship pro- 11 gram, which may be measured through— 12 (i) a time-based model, which requires 13 the completion of the industry standard for 14 on-the-job learning hours ,which in no case 15 shall be less than 2,000 hours, unless an 16 alternative requirement is put forth by the 17 employer and sponsor that reflects indus- 18 try standards and is accepted by the Sec- 19 retary and registration agency; 20 (ii) a competency-based model, which 21 requires the attainment of competency in 22 the occupation; or 23 VerDate Sep 11 2014 00:07 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8302.IH H8302 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 8302 IH (iii) a hybrid model, which blends the 1 time-based and competency-based ap- 2 proaches. 3 (F) The methods used to measure an ap- 4 prentice’s skills and competencies, may include 5 an initial diagnostic assessment of credentials 6 that verify an individual’s foundational knowl- 7 edge and skills that would be needed to succeed 8 in an apprenticeship program, and which shall 9 include— 10 (i) in the case of a time-based appren- 11 ticeship described in subparagraph (E)(i), 12 the individual apprentice’s completion of 13 the required hours of on-the-job learning 14 as described in a work process schedule; 15 (ii) in the case of a competency-based 16 model, the individual apprentice’s success- 17 ful demonstration of acquired skills and 18 knowledge through appropriate means of 19 testing and evaluation for such com- 20 petencies, and by requiring apprentices to 21 complete a paid on-the-job learning compo- 22 nent of the apprenticeship; or 23 (iii) in the case of a hybrid appren- 24 ticeship described in subparagraph (E)(iii), 25 VerDate Sep 11 2014 00:07 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8302.IH H8302 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 8302 IH a combination of specified minimum num- 1 ber of hours of on-the-job learning and the 2 successful demonstration of competency, as 3 described in a work process schedule. 4 (2) The program equally grants advanced 5 standing or credit to all individuals applying for the 6 apprenticeship with demonstrated competency or ac- 7 quired experience, training, or skills, and provides 8 commensurate wages for any progression in standing 9 or credit so granted, including for veterans’ service 10 acquired skills and experiences. 11 (3) The program has minimum qualifications 12 for individuals desiring to enter the apprenticeship 13 program, with an eligible starting age for an appren- 14 tice of not less than 16 years. 15 (4) In the case of a program that chooses to 16 issue an interim credential, the program— 17 (A) clearly identifies each interim creden- 18 tial; 19 (B) only issues an interim credential for 20 recognized components of an apprenticeable oc- 21 cupation and demonstrates how each interim 22 credential specifically links to the knowledge, 23 skills, and abilities associated with such compo- 24 nents; and 25 VerDate Sep 11 2014 00:07 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8302.IH H8302 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 8302 IH (C) establishes the process for assessing an 1 individual apprentice’s demonstration of com- 2 petency and measurable skill gains associated 3 with the particular interim credential. 4 (5) The program— 5 (A) has adequate and safe equipment, en- 6 vironments, and facilities for training and su- 7 pervision; 8 (B) provides safety training on-the-job and 9 in related instruction as applicable by 10 apprenticeable occupation; and 11 (C) provides adequate training for mentors 12 and qualified instructors on providing a safe 13 work and training environment. 14 (6) The program records and maintains all 15 records concerning the program as may be required 16 by the Secretary, the registration agency of the pro- 17 gram, or any other applicable law, including records 18 required under title 38, United States Code, in order 19 for veterans and other individuals eligible for edu- 20 cational assistance under such title to use such as- 21 sistance for enrollment in the program. 22 (7) The Administrator shall promote diversity 23 and ensure equal opportunity to participate in pro- 24 VerDate Sep 11 2014 00:07 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8302.IH H8302 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 8302 IH grams for apprentices, youth apprentices, and pre- 1 apprentices, including— 2 (A) taking steps necessary to promote di- 3 versity in apprenticeable occupations under the 4 national apprenticeship system, especially in 5 high-skill, high-wage, or in-demand industry 6 sectors and occupations in areas with high per- 7 centages of low-income individuals; 8 (B) ensuring programs under the national 9 apprenticeship system— 10 (i) adopt and implement policies to 11 provide for equal opportunity in such pro- 12 grams, as described in section 30.3 of title 13 29, Code of Federal Regulations (as in ef- 14 fect on January 31, 2020); 15 (ii) do not engage in intimidation or 16 retaliation as prohibited under section 17 30.17 of title 29, Code of Federal Regula- 18 tions (as in effect on January 31, 2020); 19 and 20 (iii) are subject, for any violation of 21 clause (i) or (ii), to enforcement action 22 under this Act; and 23 (C) supporting the recruitment, employ- 24 ment, and retention of nontraditional appren- 25 VerDate Sep 11 2014 22:17 Oct 05, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8302.IH H8302 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 8302 IH ticeship populations in programs under the na- 1 tional apprenticeship system in high-skill, high- 2 wage, and in-demand industry sectors and occu- 3 pations, including women, people of color, indi- 4 viduals with disabilities, individuals impacted by 5 the criminal and juvenile justice system, and in- 6 dividuals with barriers to employment, as appli- 7 cable. 8 (8) The program awards a certificate of comple- 9 tion in recognition of successful completion of the 10 program, evidenced by an appropriate certificate 11 issued by the registration agency, and culminates in 12 a recognized postsecondary credential (as defined in 13 section 3 of the Workforce Innovation and Oppor- 14 tunity Act). 15 (9) The program provides that an individual 16 who is to become a program participant under the 17 program enters into a written apprenticeship agree- 18 ment with the sponsor of the program. 19 (10) The ratio of program participants to su- 20 pervisors (such as journeyworkers, mentors, or on- 21 the-job learning instructors, as applicable) for the 22 apprenticeable occupation, that are based on evi- 23 dence-based and evidence-informed best practices for 24 supervision, training, safety, and continuity of em- 25 VerDate Sep 11 2014 00:07 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8302.IH H8302 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 8302 IH ployment, throughout the work processes of the pro- 1 gram, job site, department, or plant, appropriate for 2 the degree of hazard in different occupations, and 3 provisions in collective bargaining agreements, as ap- 4 plicable, except if such ratios are expressly prohib- 5 ited by the collective bargaining agreements. 6 (c) APPRENTICESHIP AGREEMENTS.— 7 (1) IN GENERAL.—To ensure the standards de- 8 scribed in subsection (b) are applied to programs 9 under the national apprenticeship system, the Ad- 10 ministrator shall require a sponsor to develop an ap- 11 prenticeship agreement that shall— 12 (A) be the same for each program partici- 13 pant; 14 (B) contain the names and signatures of 15 the program participant and the sponsor; 16 (C) meet the requirements of paragraph 17 (2); and 18 (D) be submitted to the registration agen- 19 cy in accordance with the registration require- 20 ments of the program sponsor. 21 (2) STANDARDS.—Each agreement under para- 22 graph (1) shall contain, explicitly or by reference, 23 program standards under subsection (b), including— 24 VerDate Sep 11 2014 00:07 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8302.IH H8302 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 8302 IH (A) in the case of an apprenticeship pro- 1 gram— 2 (i) that is time-based, a statement of 3 the number of hours to be spent by the 4 program participant in on-the-job learning 5 and on-the-job training in order to com- 6 plete the program; 7 (ii) that is competency-based, a de- 8 scription of the skill sets to be attained by 9 completion of the program, including the 10 on-the-job learning and work components; 11 or 12 (iii) that is a hybrid model, the min- 13 imum number of hours to be spent by the 14 program participant in on-the-job learning 15 and work components and in related in- 16 struction, and a description of the skill sets 17 and competencies to be attained by comple- 18 tion of the program; 19 (B) the number of hours and form of re- 20 lated instruction, including how related instruc- 21 tion will be compensated (whether through aca- 22 demic credit, wages, or both), the costs the pro- 23 gram participant will incur costs for partici- 24 pating in the program (such as for equipment 25 VerDate Sep 11 2014 00:07 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H8302.IH H8302 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 8302 IH or related instruction), and the recognized post- 1 secondary credentials the program participants 2 will be eligible to receive upon program comple- 3 tion; 4 (C) a schedule of the work processes in the 5 occupation or industry divisions in which the 6 program participant is to be trained and the 7 approximate time to be spent at each process; 8 (D) for apprenticeships or youth appren- 9 ticeships, the graduated wage scale to be paid 10 to the apprentices, benefits offered to the ap- 11 prentices, and how the wages and benefits com- 12 pare to State, local, or regional wag [Text truncated for display. 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