S. 4409

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4409 Introduced in Senate (IS)]

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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.''.
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