,,ii #aaith ,,congress #b;d ,session ,s4 #ddji ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bh1 #bjbf,mr4 ,banks 7for himself and ,mr4 ,cassidy7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to clarify the program standards registration process for registered apprenticeship programs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,streamlining ,timely ,apprenticeship ,registration and ,transparency ,act or the ,,start ,act4 #b4 ,apprenticeship program standards approval ,the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq47 is amended-- 7#a7 by redesignating section #d as section #e2 and 7#b7 by inserting after section #c the following3 #d4 ,apprenticeship program registration 7a7 ,definitions ,for purposes of this section3 7#a7 ,competency-based approach 7,a7 ,in general ,the term competency-based approach means1 with respect to a program registered as an apprenticeship program under this ,act1 measuring skill acquisition in the program through the successful demonstration of acquired skills and knowledge1 as verified by the program sponsor4 7,b7 ,on-the-job learning ,a program described in subparagraph 7,a7 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 approach4 7#b7 ,complete program standards ,the term complete program standards means program standards submitted to the ,secretary or a ,state apprenticeship agency in accordance with subsection 7b77#a7 that-- 7,a7 satisfy each of the requirements in subparagraphs 7,a7 through 7,d7 of such subsection2 and 7,b7 do not contain clerical errors as determined by the ,secretary or ,state apprenticeship agency4 7#c7 ,incomplete program standards ,the term incomplete program standards means program standards submitted to the ,secretary or a ,state apprenticeship agency in accordance with subsection 7b77#a7 that-- 7,a7 fail to satisfy one or more of the requirements in subparagraphs 7,a7 through 7,d7 of such subsection2 or 7,b7 contain clerical errors as determined by the ,secretary or ,state apprenticeship agency4 7#d7 ,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 #a4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#f7 ,state apprenticeship agency ,the term ,state apprenticeship agency means an entity of the government of a ,state that is recognized1 under criteria established by the ,secretary1 for purposes of approving program standards that conform with the standards set by the ,secretary for registering apprenticeship programs under the national apprenticeship system4 7#g7 ,time-based approach ,the term time-based approach means1 with respect to a program registered as an apprenticeship program under this ,act1 measuring skill acquisition in the program through the completion of at least #b1jjj hours of on-the-job learning as described in a work process schedule4 7b7 ,in general ,in administering this ,act the ,secretary shall establish a national apprenticeship system that provides the following3 7#a7 ,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 or1 as relevant1 a ,state apprenticeship agency at such time and in such manner as the ,secretary may require1 that-- 7,a7 list each of the entities involved in the program1 including any employer1 group of employers1 employer association1 labor organization1 or labor-management organization2 7,b7 specify whether the program uses a competency-based1 time-based1 or hybrid approach2 7,c7 provide sufficient information to determine whether the apprenticeship program standards conform with wage1 safety1 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 comply2 and 7,d7 provide sufficient information to determine whether the apprenticeship program standards conform with standards of apprenticeship established by the ,secretary under this ,act1 including the requirements under part #bi of title #bi1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,reviewing program standards 7,a7 ,in general ,not later than #ij days after receipt by the ,secretary or a ,state apprenticeship agency of program standards submitted in accordance with paragraph 7#a71 the ,secretary or ,state apprenticeship agency shall1 if the program standards are complete program standards1 provide to the prospective sponsor a decision that-- 7i7 approves or denies the program standards2 and 7ii7 if the decision is a denial1 states the areas of noncompliance and provides suggestive action to correct the noncompliance4 7,b7 ,incomplete program standards ,not later than #cj days after receipt by the ,secretary or a ,state apprenticeship agency of program standards submitted in accordance with paragraph 7#a71 the ,secretary or ,state apprenticeship agency shall1 if the program standards are incomplete program standards1 provide the prospective sponsor with corrective feedback to direct the prospective sponsor to bring such program standards into conformity with complete program standards4 7,c7 ,performance accountability ,beginning not later than #abj days after the date of enactment of this section1 the ,secretary shall1 on a monthly basis1 make publicly available online the average response times by the ,secretary to standards submitted in accordance with paragraph 7#a71 disaggregated by whether the standards are complete program standards or incomplete program standards4 4 #c4 ,clarification of the role of ,state apprenticeship councils 7a7 ,in general ,the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 as amended by section #b1 is further amended by adding at the end of section #d of such ,act 7as added by section #b7 the following3 7#c7 ,state apprenticeship councils ,a ,state apprenticeship council of any ,state apprenticeship agency shall not-- 7,a7 have the final decision making authority for purposes of paragraph 7#b7 over any program standards submitted in accordance with this subsection2 or 7,b7 be required to recommend any such program standards for purposes of such paragraph4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is #b years after the date of enactment of this ,act4 #d4 ,apprenticeship grant program 7a7 ,definitions ,in this section3 7#a7 ,apprentice ,the term apprentice means an individual participating in a registered apprenticeship program4 7#b7 ,new apprentice ,the term new apprentice means1 with respect to applying the formula established under subsection 7c77#a7 for a program year1 an apprentice who is newly enrolled in a registered apprenticeship program in such program year4 7#c7 ,program year ,the term program year means the year period beginning on ,july #a and ending on ,june #cj of the next year4 7#d7 ,registered apprenticeship program ,the term registered apprenticeship program means an apprenticeship program registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#f7 ,state ,except in subsection 7c77#a77;,c71 the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 and any territory or possession of the ,united ,states4 7#g7 ,state apprenticeship agency ,the term ,state apprenticeship agency has the meaning given such term in section #d of the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7b7 ,in general ,for each program year that begins after the date of enactment of this ,act1 the ,secretary shall1 not later than the beginning of the program year1 award grants to ,states for the program year1 in accordance with the formula under subsection 7c71 to carry out the activities described in subsection 7d74 7c7 ,award procedures ,the ,secretary shall award grant funds under subsection 7b7 in accordance with the following3 7#a7 ,formula for allotment ,not later than #cj days before the start of each program year1 the ,secretary shall establish a formula to determine the allotment amounts for each program year for the grant that-- 7,a7 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 ,state2 7,b7 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 ,state2 and 7,c7 subject to available appropriations1 provides that each of the several ,states of the ,united ,states and the ,district of ,columbia shall not be allotted less than #a1jjj1jjj for each program year4 7#b7 ,award amount ,subject to paragraph 7#c71 the ,secretary shall award each ,state an amount for a program year equal to the sum of-- 7,a7 half of the amount allotted to the ,state under the formula established under paragraph 7#a7 for the program year2 7,b7 an amount 7not more than the amount described in subparagraph 7,a77 equal to the matching amount in the notice submitted by the ,state under subsection 7e72 and 7,c7 if the matching amount of the ,state is equal to the amount described in subparagraph 7,a71 the proportional amount for the ,state as determined under paragraph 7#d74 7#c7 ,deduction for delayed responses for registering apprenticeship programs 7,a7 ,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-- 7i7 receives a grant under this section2 and 7ii7 registers registered apprenticeship programs in the ,state through a ,state apprenticeship agency4 7,b7 ,deduction ,for each such ,state in which the ,secretary under subparagraph 7,a7 determines the average complete program standards response time is more than #ij days in a program year or the average incomplete program standards response time is more than #cj days in a program year1 the ,secretary shall deduct a percentage of the award amount under paragraph 7#b7 for the next program year that is-- 7i7 equal to half of the sum of-- 7,i7 the number of days of the average complete program standards response time minus #ij2 and 7,,ii7 the number of days of the average incomplete program standards response time minus #cj2 but 7ii7 not more than #bj4 7,c7 ,average response time 7i7 ,definitions ,for purposes of this paragraph3 7,i7 ,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 action4 7,,ii7 ,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 action4 7,,iii7 ,complete program standards package2 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 standards1 respectively1 in section #d of the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7,,iv7 ,suggestive action ,the term suggestive action means1 with respect to program standards submitted by a program to a ,state apprenticeship agency to be a registered apprenticeship program1 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 program4 7ii7 ,rules of interpretation 7,i7 ,denial without suggestive action ,for purposes of determining average complete program standards response time1 a denial without providing suggestive action shall not be interpreted to stop or pause the determination4 7,,ii7 ,inquires on registration ,for purposes of determining average complete program standards response time and average incomplete program standards response time1 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 standards4 7#d7 ,proportional amount of allotted but unawarded funds 7,a7 ,in general ,not less than #ae days before the start of each program year1 the ,secretary shall1 for purposes of paragraph 7#b77;,c71 determine the proportional amount1 as relevant1 for each ,state that provides a matching amount under subsection 7e7 that is equal to the amount described in paragraph 7#b77;,a7 for the ,state for the program year4 7,b7 ,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 7#a7 for the program year bears to the total amount of funds allotted to all ,states under the formula for the program year4 7,c7 ,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 7#a7 for the program year minus the total amounts determined under subparagraphs 7,a7 and 7,b7 of paragraph 7#b7 for all ,states for the program year4 7d7 ,activities ,a ,state shall use amounts awarded under subsection 7b7 to-- 7#a7 provide technical assistance to existing and prospective sponsors of registered apprenticeship programs2 7#b7 fund the training of apprentices1 including by paying the wages of an apprentice2 7#c7 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 program2 and 7#d7 provide financial incentives1 including through pay-for-performance funding models1 to attract employer investment in registered apprenticeship programs4 7e7 ,notice of matching amount by ,states 7#a7 ,in general ,not less than #cj days before the start of each program year1 a ,state seeking a grant under subsection 7b7 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 grant1 including proof of resources for the matching amount4 7#b7 ,limit to matching amount ,the matching amount in a notice under paragraph 7#a7 may not be more than half of the amount allotted to the ,state for the program year under the formula established under subsection 7c77#a74 7f7 ,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 section4 7g7 ,authorization of appropriation ,there is authorized to be appropriated to carry out the grant program under this section #aej1jjj1jjj for fiscal year #bjbg and for each fiscal year thereafter4 7h7 ,supplement not supplant ,funds available for use under subsection 7d7 shall supplement and not supplant other ,state or local public funds expended that satisfy the activities under such subsection4 #e4 ,posting reciprocity requirements ,the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 as amended by sections #b and #c1 is further amended by adding at the end of section #d of such ,act 7as added by section #b7 the following3 7#d7 ,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 ,state4 4 #f4 ,posting ,state apprenticeship standards ,the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq471 as so amended1 is further amended by adding at the end of section #d of such ,act 7as added by section #b7 the following3 7#e7 ,disclosure of ,state apprenticeship standards ,each ,state apprenticeship agency shall make publicly available online information1 as required by the ,secretary1 on apprenticeship standards in such ,state1 including-- 7,a7 ,state minimum wage requirements2 7,b7 ,state safety standards2 and 7,c7 instructions for properly completing documentation for proof of compliance with program standards pertaining to on-the-job training and related technical instruction requirements4 4