Apprenticeship program standards approval
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The Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) is amended— (1) by redesignating section 4 as section 5; and (2) by inserting after section 3 the following: 4. Apprenticeship program registration (a) Definitions For purposes of this section: (1) Competency-based approach (A) In general The term competency-based approach means, with respect to a program registered as an apprenticeship program under this Act, measuring skill acquisition in the program through the successful demonstration of acquired skills and knowledge, as verified by the program sponsor. (B) On-the-job learning A program described in subparagraph (A) program that uses the competency-based approach shall be required to include completion of an on-the-job learning component of the program for purposes of such an approach. (2) Complete program standards The term complete program standards means program standards submitted to the Secretary or a State apprenticeship agency in accordance with subsection (b)(1) that— (A) satisfy each of the requirements in subparagraphs (A) through (D) of such subsection; and (B) do not contain clerical errors as determined by the Secretary or State apprenticeship agency. (3) Incomplete program standards The term incomplete program standards means program standards submitted to the Secretary or a State apprenticeship agency in accordance with subsection (b)(1) that— (A) fail to satisfy one or more of the requirements in subparagraphs (A) through (D) of such subsection; or (B) contain clerical errors as determined by the Secretary or State apprenticeship agency. (4) National apprenticeship system The term national apprenticeship system means the system established by the Secretary of Labor to carry out the activities authorized and directed to be carried out under section 1. (5) Secretary The term Secretary means the Secretary of Labor. (6) State apprenticeship agency The term State apprenticeship agency means an entity of the government of a State that is recognized, under criteria established by the Secretary, for purposes of approving program standards that conform with the standards set by the Secretary for registering apprenticeship programs under the national apprenticeship system. (7) Time-based approach The term time-based approach means, with respect to a program registered as an apprenticeship program under this Act, measuring skill acquisition in the program through the completion of at least 2,000 hours of on-the-job learning as described in a work process schedule. (b) In general In administering this Act the Secretary shall establish a national apprenticeship system that provides the following: (1) Program standards for registration A person seeking to register a program as an apprenticeship program under this Act shall submit program standards to the Secretary or, as relevant, a State apprenticeship agency at such time and in such manner as the Secretary may require, that— (A) list each of the entities involved in the program, including any employer, group of employers, employer association, labor organization, or labor-management organization; (B) specify whether the program uses a competency-based, time-based, or hybrid approach; (C) provide sufficient information to determine whether the apprenticeship program standards conform with wage, safety, and licensing standards required by the State in which the program will operate and any other State standards with which the Secretary requires entities submitting program standards to comply; and (D) provide sufficient information to determine whether the apprenticeship program standards conform with standards of apprenticeship established by the Secretary under this Act, including the requirements under part 29 of title 29, Code of Federal Regulations (or successor regulations). (2) Reviewing program standards (A) In general Not later than 90 days after receipt by the Secretary or a State apprenticeship agency of program standards submitted in accordance with paragraph (1), the Secretary or State apprenticeship agency shall, if the program standards are complete program standards, provide to the prospective sponsor a decision that— (i) approves or denies the program standards; and (ii) if the decision is a denial, states the areas of noncompliance and provides suggestive action to correct the noncompliance. (B) Incomplete program standards Not later than 30 days after receipt by the Secretary or a State apprenticeship agency of program standards submitted in accordance with paragraph (1), the Secretary or State apprenticeship agency shall, if the program standards are incomplete program standards, provide the prospective sponsor with corrective feedback to direct the prospective sponsor to bring such program standards into conformity with complete program standards. (C) Performance accountability Beginning not later than 120 days after the date of enactment of this section, the Secretary shall, on a monthly basis, make publicly available online the average response times by the Secretary to standards submitted in accordance with paragraph (1), disaggregated by whether the standards are complete program standards or incomplete program standards..