[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4409 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4409
To clarify the program standards registration process for registered
apprenticeship programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2026
Mr. Banks (for himself and Mr. Cassidy) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To clarify the program standards registration process for registered
apprenticeship programs, 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 ``Streamlining Timely Apprenticeship
Registration and Transparency Act'' or the ``START Act''.
SEC. 2. APPRENTICESHIP PROGRAM STANDARDS APPROVAL.
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:
``SEC. 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.''.
SEC. 3. CLARIFICATION OF THE ROLE OF STATE APPRENTICESHIP COUNCILS.
(a) In General.--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.), as amended by section 2, is further amended by adding at
the end of section 4 of such Act (as added by section 2) the following:
``(3) State apprenticeship councils.--A State
apprenticeship council of any State apprenticeship agency shall
not--
``(A) have the final decision making authority for
purposes of paragraph (2) over any program standards
submitted in accordance with this subsection; or
``(B) be required to recommend any such program
standards for purposes of such paragraph.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 2 years after the date of enactment of
this Act.
SEC. 4. APPRENTICESHIP GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Apprentice.--The term ``apprentice'' means an
individual participating in a registered apprenticeship
program.
(2) New apprentice.--The term ``new apprentice'' means,
with respect to applying the formula established under
subsection (c)(1) for a program year, an apprentice who is
newly enrolled in a registered apprenticeship program in such
program year.
(3) Program year.--The term ``program year'' means the year
period beginning on July 1 and ending on June 30 of the next
year.
(4) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an apprenticeship
program registered under 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.).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) State.--Except in subsection (c)(1)(C), the term
``State'' means each of the several States of the United
States, the District of Columbia, and any territory or
possession of the United States.
(7) State apprenticeship agency.--The term ``State
apprenticeship agency'' has the meaning given such term in
section 4 of 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.).
(b) In General.--For each program year that begins after the date
of enactment of this Act, the Secretary shall, not later than the
beginning of the program year, award grants to States for the program
year, in accordance with the formula under subsection (c), to carry out
the activities described in subsection (d).
(c) Award Procedures.--The Secretary shall award grant funds under
subsection (b) in accordance with the following:
(1) Formula for allotment.--Not later than 30 days before
the start of each program year, the Secretary shall establish a
formula to determine the allotment amounts for each program
year for the grant that--
(A) is based on the population of the State and the
number of apprentices whose primary residence is in the
State as compared to the population of every other
State and number of apprentices whose primary residence
is in any other State;
(B) is based on the number of new apprentices whose
primary residence is in the State as compared to the
number of new apprentices whose primary residence is in
any other State; and
(C) subject to available appropriations, provides
that each of the several States of the United States
and the District of Columbia shall not be allotted less
than $1,000,000 for each program year.
(2) Award amount.--Subject to paragraph (3), the Secretary
shall award each State an amount for a program year equal to
the sum of--
(A) half of the amount allotted to the State under
the formula established under paragraph (1) for the
program year;
(B) an amount (not more than the amount described
in subparagraph (A)) equal to the matching amount in
the notice submitted by the State under subsection (e);
and
(C) if the matching amount of the State is equal to
the amount described in subparagraph (A), the
proportional amount for the State as determined under
paragraph (4).
(3) Deduction for delayed responses for registering
apprenticeship programs.--
(A) Determination of delay.--The Secretary shall
determine the average complete program standards
response time and the average incomplete program
standards response time of each State that--
(i) receives a grant under this section;
and
(ii) registers registered apprenticeship
programs in the State through a State
apprenticeship agency.
(B) Deduction.--For each such State in which the
Secretary under subparagraph (A) determines the average
complete program standards response time is more than
90 days in a program year or the average incomplete
program standards response time is more than 30 days in
a program year, the Secretary shall deduct a percentage
of the award amount under paragraph (2) for the next
program year that is--
(i) equal to half of the sum of--
(I) the number of days of the
average complete program standards
response time minus 90; and
(II) the number of days of the
average incomplete program standards
response time minus 30; but
(ii) not more than 20.
(C) Average response time.--
(i) Definitions.--For purposes of this
paragraph:
(I) Average complete program
standards response time.--The term
``average complete program standards
response time'' means the average
number of days between the State
receiving a complete program standards
package by a program seeking to be a
registered apprenticeship program and
the State apprenticeship agency of the
State providing an approval or a denial
with suggestive action.
(II) Average incomplete program
standards response time.--The term
``average incomplete program standards
response time'' means the average
number of days between the State
receiving an incomplete program
standards package by a program seeking
to be a registered apprenticeship
program and the State apprenticeship
agency of the State providing a
response with suggestive action.
(III) Complete program standards
package; incomplete program standards
package.--The terms ``complete program
standards package'' and ``incomplete
program standards package'' have the
meanings given the terms ``complete
program standards'' and ``incomplete
program standards'', respectively, in
section 4 of 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.).
(IV) Suggestive action.--The term
``suggestive action'' means, with
respect to program standards submitted
by a program to a State apprenticeship
agency to be a registered
apprenticeship program, a response by
the State apprenticeship agency to such
program standards that is not an
approval of the program standards and
provides clear instructions to the
sponsor of the program on how the
program standards should be changed to
conform with the requirements for
registration as a registered
apprenticeship program.
(ii) Rules of interpretation.--
(I) Denial without suggestive
action.--For purposes of determining
average complete program standards
response time, a denial without
providing suggestive action shall not
be interpreted to stop or pause the
determination.
(II) Inquires on registration.--For
purposes of determining average
complete program standards response
time and average incomplete program
standards response time, an inquiry by
a program to a State apprenticeship
agency regarding the registration
process that does not provide program
standards documentation shall not be
considered a submission of program
standards.
(4) Proportional amount of allotted but unawarded funds.--
(A) In general.--Not less than 15 days before the
start of each program year, the Secretary shall, for
purposes of paragraph (2)(C), determine the
proportional amount, as relevant, for each State that
provides a matching amount under subsection (e) that is
equal to the amount described in paragraph (2)(A) for
the State for the program year.
(B) Proportional amount.--The proportional amount
for a State for a program year is an amount that bears
the same ratio to the amount of allotted but unawarded
funds for the program year as the amount allotted to
the State under the formula established under paragraph
(1) for the program year bears to the total amount of
funds allotted to all States under the formula for the
program year.
(C) Allotted but unawarded funds.--The amount of
allotted but unawarded funds for the program year is an
amount equal to the total amount allotted under
paragraph (1) for the program year minus the total
amounts determined under subparagraphs (A) and (B) of
paragraph (2) for all States for the program year.
(d) Activities.--A State shall use amounts awarded under subsection
(b) to--
(1) provide technical assistance to existing and
prospective sponsors of registered apprenticeship programs;
(2) fund the training of apprentices, including by paying
the wages of an apprentice;
(3) fund outreach activities to increase awareness of
registered apprenticeship programs and provide information on
how to register an existing training program as a registered
apprenticeship program; and
(4) provide financial incentives, including through pay-
for-performance funding models, to attract employer investment
in registered apprenticeship programs.
(e) Notice of Matching Amount by States.--
(1) In general.--Not less than 30 days before the start of
each program year, a State seeking a grant under subsection (b)
shall submit a notice to the Secretary of the amount the State
intends to provide for the program year to match the amount
provided through the grant, including proof of resources for
the matching amount.
(2) Limit to matching amount.--The matching amount in a
notice under paragraph (1) may not be more than half of the
amount allotted to the State for the program year under the
formula established under subsection (c)(1).
(f) States Without a State Apprenticeship Agency.--A State that
does not have a State apprenticeship agency shall designate an agency
of the State government for purposes of communications with the
Secretary regarding the grant program under this section.
(g) Authorization of Appropriation.--There is authorized to be
appropriated to carry out the grant program under this section
$150,000,000 for fiscal year 2027 and for each fiscal year thereafter.
(h) Supplement Not Supplant.--Funds available for use under
subsection (d) shall supplement and not supplant other State or local
public funds expended that satisfy the activities under such
subsection.
SEC. 5. POSTING RECIPROCITY REQUIREMENTS.
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.),
as amended by sections 2 and 3, is further amended by adding at the end
of section 4 of such Act (as added by section 2) the following:
``(4) Disclosure of reciprocity requirements.--Each State
apprenticeship agency shall make publicly available online the
process used by the State apprenticeship agency in the State of
the agency for registering under this Act an apprenticeship
program that has been otherwise registered under this Act by
the Secretary or another State apprenticeship agency as a
registered apprenticeship program in another State.''.
SEC. 6. POSTING STATE APPRENTICESHIP STANDARDS.
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.),
as so amended, is further amended by adding at the end of section 4 of
such Act (as added by section 2) the following:
``(5) Disclosure of state apprenticeship standards.--Each
State apprenticeship agency shall make publicly available
online information, as required by the Secretary, on
apprenticeship standards in such State, including--
``(A) State minimum wage requirements;
``(B) State safety standards; and
``(C) instructions for properly completing
documentation for proof of compliance with program
standards pertaining to on-the-job training and related
technical instruction requirements.''.
<all>