97th Congress > House > Vote 721
Description: TO ADOPT THE CONFERENCE REPORT ON S. 2036, A BILL PROVIDING FOR A JOB TRAINING PROGRAM TO REPLACE THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT. (MOTION PASSED)
Bill summary: (Conference report filed in House, H. Rept. 97-889)
Job Training Partnership Act - Sets forth the purposes of this Act: (1) to establish programs to prepare youth and unskilled adults for entry into the labor force; and (2) to afford job training to economically disadvantaged and other individuals facing serious barriers to employment.
Authorizes appropriations for FY 1983 and for each succeeding fiscal year to carry out title II, part A (Adult and Youth Programs) and title IV (Federally
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Administered Programs), other than part B (Job Corps). Provides that: (1) the amounts authorized for title IV (federally administered programs) shall be equal to not more than seven percent of the total appropriations; and (2) of such title IV funds, specified amounts shall be available for veterans' employment programs and for the National Commission for Employment Policy. Authorizes appropriations for FY 1983 and each succeeding fiscal year to carry out title II, part B (Summer Youth Employment and Training Programs), title III (Employment and Training Assistance for Dislocated Workers), and title IV, part B (Job Corps).
Title I: Job Training Partnership
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Part A: Service Delivery System
- Provides for the establishment of service delivery areas (SDAs). Directs each State Governor, after receiving the State job training coordinating council proposal, to publish tentative SDAs for the State each of which: (1) is comprised of the State or one or more units of general local government; (2) will promote effective service delivery; and (3) is consistent with labor market areas (LMAs) or standard metropolitan statistical areas or with areas in which related services are provided under other State or Federal programs. Requires that local governments, businesses, and other affected persons be given an opportunity to comment on such proposed SDAs. Directs the Governor to approve requests to be an SDA from: (1) any local government with a population of 200,000 or more; (2) any consortium of contiguous local governments with an aggregate population of 200,000 or more, which serves a substantial part of an LMA; and (3) any concentrated employment program grantee for a rural area which served as a prime sponsor under the Comprehensive Employment and Training Act (CETA). Provides for appeals to the Secretary of Labor ("the Secretary") of denials by the Governor of such requests. Authorizes the Governor to approve SDA requests, without regard to population, from any local government, or consortium of contiguous local governments, which serves a substantial portion of an LMA. Directs the Governor to consider such requests, and the comments of affected persons, before making the final SDA designations. Prohibits the Governor from redesignating SDAs: (1) more frequently than every two years; and (2) later than four months before the beginning of a program year. Directs the Governor to make such redesignation upon petition by specified entities.
Provides for the establishment of a private industry council (PIC) for every SDA. Requires a majority of PIC members to consist of private sector representatives (business executives nominated by business organizations in the SDA, representing the industrial and demographic composition of the business community; and, with whenever possible, one-half of the private sector representatives being from small, including minority, businesses). Requires PIC membership to also include representatives of educational agencies (representative of all educational agencies in the SDA and nominated by specified types of educational agencies and institutions), organized labor (recommended by recognized State and local labor organizations or appropriate building trades councils), rehabilitation agencies, community-based organizations, economic development agencies, and the public employment service (recommended by interested organizations). Directs the chief elected officials of local governments within the SDA to appoint PIC members using such nominations and and recommendations. Provides for appointment and selection by the Governor in the event that agreement cannot be reached by such officials. Provides that PIC members be appointed for fixed and staggered terms and serve until successors are appointed. Requires that any vacancy be filled in the same manner as the original appointment. Permits the removal of any PIC member for cause in accordance with procedures established by the PIC. Provides for PIC certification by the Governor within 30 days of receipt of a membership list and necessary supporting documents.
Makes the PIC responsible for policy guidance and oversight of activities under the job training plan for its SDA, in partnership with the local governments within its SDA. Directs the PIC, in agreement with the appropriate chief elected officials, to: (1) determine procedures for developing the job training plan (which may be prepared by the PIC, or by any local government in the SDA, or by other agreed upon methods or institutions); and (2) select as a grant recipient and/or plan administrator the PIC, any local government in the SDA, a nonprofit private organization or corporation, or any other agreed upon entities. Authorizes the PIC to review, monitor, and evaluate the programs conducted under the plan in accordance with procedures established by the PIC. Requires that plans be approved by the PIC and the appropriate officials before being jointly submitted to the Governor. Directs the PIC to prepare and approve a budget for itself, in accordance with the plan. Authorizes the PIC to hire staff, incorporate, and solicit and accept contributions and grant funds.
Sets forth requirements for biennial job training plans. Requires each plan to contain: (1) identification of grant recipient and program administrator; (2) description of services, including duration and estimated training cost per participant; (3) participant selection procedures; (4) performance goals; (5) service providers selection procedures; (6) budget for two program years and proposed expenditures for succeeding two program years; (7) methods of compliance with Governor's coordination criteria; (8) coordination, where necessary, of individual SDAs within a single LMA; (9) accounting procedures; (10) procedures for an annual report to the Governor describing program year activities, participants, and compliance with performance standards. Provides for modifications of plans under certain conditions.
Provides for review and comment on plans by the State legislature, appropriate local educational and other public agencies in the SDA, affected labor organizations, and the general public. Directs the Governor to approve the plan within a specified period, unless certain findings are made or interested parties petition for disapproval and meet specified conditions.
Directs the Governor to redesignate SDAs to merge an affected SDA into one or more other SDAs, in order to promote agreement whenever a PIC and an official fail to reach agreement. Provides for reconstitution of PICs and modification of plans under such circumstances.
Authorizes the Secretary to approve a plan or modification in any case in which the SDA is a State.
Provides for nationally established performance standards. Declares that the basic measure of performance for adult training programs under title II (Training Services for the Disadvantaged) is the increase in employment and earnings and the reductions in welfare dependency resulting from participation in the program. Directs the Secretary to prescribe performance standards on the basis of appropriate factors, such as: (1) unsubsidized employment placement and retention; (2) increased earnings; and (3) reduction in the number of individuals receiving cash welfare payments. Directs the Secretary to designate additional factors in evaluating the performance of youth programs, including: (1) attainment of PIC-recognized employment competencies; (2) elementary, secondary, or postsecondary completion or equivalency; and (3) enrollment in other training programs or apprenticeships, or military enlistment. Requires specified inclusions under such performance standards. Directs the Secretary to prescribe performance standards relating gross program expenditures to various performance measures.
Directs the Secretary to: (1) establish initial performance standards within six months after enactment of this Act; (2) prescribe first program year standards not later than January 31, 1984; and (3) report to Congress on each performance standard's relative importance and contribution to achievement of the goals of this Act, within six months after completion of the first two program years.
Directs the Secretary to prescribe variations in performance standards for special populations to be served. Authorizes the Secretary to make non-retroactive modifications of performance standards once every two program years, and requires the Secretary to report to the Congress on such modifications. Authorizes Governors, within limits established by the Secretary, to prescribe variations in standards based on specified factors.
Directs the National Commission on Employment Policy to advise the Secretary in developing performance standards and limits on variations and to evaluate the usefulness and impacts of such standards.
Directs the Secretary to prescribe performance standards for programs under title III (Employment and Training Assistance for Dislocated Workers) based on unsubsidized employment placement and retention.
Directs Governors to: (1) provide technical assistance to programs which do not meet performance criteria; and (2) if such failure persists for a second year, impose a reorganization plan which may include restructuring the PIC, prohibiting use of designated service providers, or selecting an alternative administrative entities. Sets forth procedures for such changes, including hearings and appeals to the Secretary.
Sets forth provisions for selection of service providers. Makes the primary consideration in such selection the proven effectiveness of the agency or organization in delivering comparable or related services. Requires that proper consideration be given to community-based organizations as service providers. Prohibits the use of funds for duplicate facilities or services, with specified exceptions. Requires that appropriate education agencies in the SDA be given the opportunity to provide educational services, with specified exceptions. Prohibits the administrative entity from funding any occupational skills program unless the skill level provided meets PIC guidelines.
Sets forth limitations on the use of SDA funds for certain costs. Provides for waivers of such limitations under specified circumstances.
Part B: Additional State Responsibilities
- Directs the Governor to annually prepare a statement of goals and objectives for job training and placement programs within the State to assist in preparation of job training plans under this Act and of plans under the Wagner-Peyser Act.
Requires a State seeking financial assistance under this Act to submit a biennial Governor's coordination and special services plan to the Secretary. Provides that Governor's coordination and special services activities may include: (1) information and technical assistance to prime sponsors and PICs; (2) special model training and employment programs and related services; (3) programs to meet needs of special groups, such as offenders and ex-offenders; (4) financial assistance for rural programs; (5) training and employment in energy conservation and use and in development of solar energy sources; (6) industrywide training; (7) activities under title III of this Act (Employment and Training Assistance for Displaced Workers); (8) information services to prime sponsors on a State and local area basis regarding economic, industrial, and labor market conditions; (9) training for staffs of local prime sponsors, PICs, and contractors for State supported programs; and (10) statewide programs providing for joint funding of activities under this Act with services and activities under other employment-related programs.
Requires a State desiring to receive financial assistance under this Act to establish a State job training coordinating council. Directs the Governor to appoint such council and to designate one nongovernmental member as chairman. Sets forth requirements for composition of the council, with: (1) one-third of the membership representing business and industry (including agriculture, where appropriate); (2) at least 20 percent representatives of the State legislature and agencies; (3) at least 20 percent representing local governments; and at least 20 percent representing of the eligible population, the general public, organized labor, community-based organizations, and local education agencies. Requires the council to advise the State on job training, information, and placement. Requires the council to: (1) propose substate SDA's; (2) plan specified resource allocations; (3) provide management guidance and review for all programs in the State; (4) approve of all SDA plans; (5) develop linkages with other programs; (6) coordinate activities with PICs; and (7) develop State job training report and performance standards. Requires the council to review and comment on the State plan for the State employment service agency. Includes among the council's duties the review of plans and programs in SDA's and of all appropriate State agencies. Requires the council to develop the Governor's coordination and special services plan and to review and certify job training plans. Authorizes the Governor to transfer to the council specified functions of the State advisory council under the Wagner-Peyser Act and of any State coordinating committee for the work incentive (WIN) program under the Social Security Act.
Directs the Governor to use specified reserved title II funds to assist any State education agency responsible for education and training to: (1) provide services for eligible participants through cooperative agreements between such State agencies, SDA administrative agencies, and local education agencies; and (2) facilitate coordination of education and training services for eligible participants through such cooperative agreements. Sets forth permissible uses of such funds, fund allocation formulas, and matching grant requirements.
Authorizes the Governor, from specified reserved title II funds, to provide for job training and placement programs for the private employment of individuals 55 years and older who are economically disadvantaged. Directs the Governor, after consultation with appropriate PICs and local officials, to enter into agreements with public agencies, nonprofit private organizations, and private businesses to carry out such programs. Directs the Governor to consider assisting programs involving growth industries and new technological skills.
Sets forth provisions for State labor market information programs. Directs the Governor, in order that a State be eligible for Federal aid to State labor market information programs under this Act, to designate an organizational unit to: (1) oversee and manage a statewide comprehensive labor market and occupational supply and demand information system; (2) design such a system to meet specified guidelines; (3) standardize specified records and data to produce an employment and economic analysis; (4) assure that paperwork burdens are kept to a minimum; (5) disseminate labor market and individualized career information; and (6) conduct research and demonstration projects to improve the statewide information system (requires that project results remain in the public domain if Federal funds are used). Directs the Secretary through the National Occupational Information Coordinating Committee to reimburse States the costs of such programs, up to a specified amount.
Gives the consent of Congress to interstate compacts and agreements which enhance compliance with this Act, subject to approval by the Secretary.
Part C: Program Requirement for Service Delivery System
- Sets forth general program requirements under this Act.
Requires job training plans to provide employment and training opportunities to those most in need of such opportunities and to make efforts to provide equitable services among significant segments of the eligible population.
Requires that funds provided under this Act be used only for activities that otherwise would not be available in the area.
Prohibits use of such funds to assist in relocating establishments or parts of establishments, unless such relocation will not increase unemployment in any area. Requires that training be only for occupations for which there is a demand in the area served or in an area to which the participant is willing to relocate. Requires that efforts be made to develop programs which contribute to occupational development, upward mobility, development of new careers, and overcoming sex-stereotyping in occupations traditional for the other sex.
Permits purchase of commercially available training packages, for off-the-shelf prices and without a cost component breakdown, if such packages are purchased competitively and include performance criteria.
Limits payments to employers for on-the-job training to an average of 50 percent of the wages paid to participants during the training period.
Prohibits charging an individual a fee for placement or referral in or to a training program under this Act.
Permits subsidized employment with a private for-profit employer, but only if the employee is an economically disadvantaged youth aged 16 through 21 and specified title II provisions are met.
Prohibits funding of programs involving political activities.
Prohibits funding of public service employment under a job training plan.
Sets forth requirements for participant benefits. Requires that individuals employed in activities authorized under this Act be paid wages at a rate which is the highest of the applicable Federal, State or local minimum wage or the prevailing rate for individuals employed in similar occupations by the same employer. Provides that allowances, earnings, and payments to participants shall not be considered income for purposes of eligibility and amount of income transfer and in-kind aid for programs, other than programs under the Social Security Act.
Sets forth provisions for labor standards for activities under this Act, including provisions relating to occupational health and safety, workers' compensation, and working conditions and worker benefits. Requires that conditions of employment and training be appropriate and reasonable and that benefits and working conditions for employees in subsidized jobs be at the same level as for similarly situated employees or trainees.
Prohibits use of funds under this Act for contributions on behalf of any participant to retirement systems or plans.
Prohibits: (1) displacement of any currently employed worker by a program participant; and (2) any impairment of existing contracts for services. Requires written concurrence of the labor organization concerned for any program under this Act which would be inconsistent with collective bargaining agreement terms. Prohibits employment of program participants to fill job vacancies created by layoffs, terminations, or other workforce reductions. Prohibits creation of jobs in a promotional line which infringes upon promotional opportunities of currently employed individuals.
Requires recipients of funds under this Act to assure that none of such funds will be used to assist, promote, or deter union organizing. Requires an opportunity for comment to be given to any labor organization representing a substantial number of employees engaged in similar work or training in an area proposed to be funded under this Act.
Makes the Davis-Bacon Act local prevailing wage standard applicable to workers on projects assisted under this Act, except for bona fide trainees.
Sets forth grievance procedure requirements.
Declares that no provision of this Act shall be construed to authorize any Federal direction, supervision, or control over curricula, instruction programs, administration, personnel or instructional materials of any educational institution or school system.
Part D: Federal and Fiscal Administrative Provisions
- Sets forth provisions for: (1) a transition to program year funding; (2) prompt allocation of funds; (3) monitoring; (4) fiscal controls and sanctions; (5) reports, recordkeeping, and investigations; (6) administrative adjudication; (7) nondiscrimination; (8) judicial review; (9) administrative powers; (10) services and facilities utilization; and (11) obligational authority.
Part E: Miscellaneous Provisions
- Sets forth procedures and deadlines for the transition from the provisions of the Comprehensive Employment and Training Act (CETA) to the provisions of this Act.
Sets forth criminal penalties for theft or embezzlement from employment and training funds, improper inducement, and obstruction of investigations.
Provides that references to CETA in any other statute shall be deemed to refer to this Act.
Repeals CETA. Repeals specified provisions of the Comprehensive Employment and Training Act Amendments of 1978.
Title II: Training Services for the Disadvantaged
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Part A: Adult and Youth Programs
- Sets forth formulas for the allocation of amounts appropriated to specified territories and to the States to carry out this part.
Allocates such funds among the States on the basis of the relative numbers of: (1) unemployed persons; (2) unemployed persons in excess of four and one-half percent of the civilian labor force in the State or in areas of substantial unemployment; (3) unemployed persons residing in areas of substantial unemployment; and (4) adults in low-income families. Directs the Governor to suballocate the State allocation among State SDA's based upon such relative numbers, with specified percentages of the State allocation to be reserved for: (1) State education coordination and grants; (2) training programs for older individuals; (3) incentive grants for programs exceeding performance standards, including incentives for serving hard-to-serve individuals; and (4) costs of auditing, administration, the Governor's coordination and special services plan, and the State job training coordinating council.
Limits eligibility to participate in title II programs to economically disadvantaged individuals; but allows up to ten percent of title II program participants to be individuals who are not economically disadvantaged if such individuals have encountered barriers to employment (including, but not limited to, individuals with limited English-language proficiency, displaced homemakers, teenage parents, older workers, veterans, offenders, alcoholics, addicts, school dropouts, or handicapped).
Requires that funds under this part be used in accordance with the job training plan to provide authorized services for disadvantaged youth and adults. Requires that at least 40 percent of such funds be used for such services for youths aged 16 through 21, with proportionate increases or reductions of this minimum requirement in areas where the ratio of economically disadvantaged youth to economically disadvantaged adults differs from the nationwide ratio.
Requires that eligible school dropouts and specified recipients of aid to families with dependent children (AFDC) be served on an equitable basis, taking into account their proportion of economically disadvantaged persons 16 years of age or older in the area.
Prohibits, within an SDA, the ratio of on-the-job- training participants, assisted under this title, in the public sector to on-the-job training participants in the private sector from exceeding the ratio between civilian governmental employment and nongovernmental employment.
Sets forth a non-exhaustive list of permissible title II services, under both adult and youth programs. Permits programs of advanced career training which provide a formal combination of on-the-job and institutional training and internship assignments which prepare individuals for career employment. Permits training programs operated by the private sector, including labor organizations or consortia of employers, using private sector facilities, equipment, and personnel to train workers in occupations for which demand exceeds supply. Includes among other permissible services: (1) job search; (2) job counseling; (3) remedial and basic skills education; (4) institutional skill training; (5) on-the-job training; (6) outreach; (7) labor market information; (8) work habit development; (9) supportive services; (10) upgrading and retraining; (11) education-to-work transition; (12) literacy and bilingual training; (13) work experience and vocational exploration; (14) high school equivalency; (15) job and job-opening development and generation; (16) pre-apprenticeship programs; (17) program information to employers; (18) advanced learning technology; (19) followup: and (20) coordination with related programs. Provides that supportive services may be provided to enable individuals to participate in the program and to assist them in retaining employment for not to exceed six months following completion of training. Permits needs-based payments, necessary to program participation, in accordance with a locally developed formula or procedure. Permits on-site industry-specific training programs supportive of industrial and economic development. Permits customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of such training.
Sets forth provisions for the following exemplary youth programs which the job training plan may include at the option of those responsible for its preparation, in addition to other title II services for youth: (1) an education for employment programs; (2) a preemployment skills training program; (3) an entry employment experience program; and (4) a school-to-work transition assistance program.
Provides for an education for employment program to maintain networks of learning centers offering individualized instruction in convenient locations and preparing students to meet State and local general education diploma and basic education competency requirements. Makes eligible youth who have not attained a high school diploma or have educational deficiencies despite such attainment eligible for such learning center programs, with priority given to high school dropouts. Gives priority in the selection of learning center service providers to previously funded in-school and community based organizations which are both cost-effective and demonstrably successful.
Provides for a preemployment skills training program for youth aged 14 through 21, with priority given to those who do not meet established academic achievement levels and who plan to enter the full-time labor market upon leaving school. Requires that eligible youth be provided with up to 200 hours of individualized instruction and activities.
Provides for an entry employment experience program for youth who: (1) have completed preemployment skills training or its equivalent; (2) have not held a regular part- time or summer job for more than 250 hours of paid employment (except if this requirement is waived in accordance with plan criteria); and (3) are enrolled in a secondary school or a certified high school equivalency program and are meeting or have met current or most recent term minimum academic and attendance requirements. Gives priority to those not planning to continue on to postsecondary education. Permits entry employment to be up to 20 hours weekly during the school year or full time during the summer and holidays, for an individual total up to 500 hours. Requires supervision, including attendance and worksite performance standards.
Sets forth permissible types of entry employment program experiences. Permits employment in public and private nonprofit agencies, on a full-time basis during the summer and on a part-time basis in combination with education and training activities, in jobs providing community improvement services that complement local expenditures. Permits "tryout employment" at private for-profit worksites, with compensation in lieu of wages paid by the grant recipient. Limits tryout employment to: (1) 250 hours per participant; and (2) assignments for which the participant would not usually be hired. Prohibits refilling tryout positions if the previous participant completed the tryout but was not hired. Permits tryout employment at public and private nonprofit worksites when private for-profit worksites are not available. Permits tryout employment in cooperative education programs to coordinate educational programs with work in the private sector.
Provides for a school-to-work transition assistance program for: (1) high school seniors planning to enter the full-time labor market upon graduation, with priority to those in high schools where a predominance of the students come from families below 70 percent of the lower living standard; and (2) dropouts, with immediate followup after leaving school. Sets forth some allowable types of transition services. Requires that all seniors and dropouts eligible for and in need of training activities be provided information and, where appropriate, be referred to specified types of employment and training programs.
Part B: Summer Youth Employment and Training Programs
- Allocates appropriations to specified territories and to the States for summer youth programs under this part. Provides that such funds shall be allotted among the States and allocated among SDA's within States on the same basis as provided under part A of this title.
Permits funds available under this title to be used for: (1) employment or job training activities designed for employment or employment preparation and placement; and (2) supportive services for program participation and employment retention.
Requires that programs under this title be conducted during the summer months.
Makes economically disadvantage persons under the age of 22 eligible for such programs, but permits economically disadvantaged individuals aged 14 or 15 to be eligible, if appropriate and set forth in the job training plan.
Gives PICs, local elected officials, State job training councils, and Governors the same authority, duties and responsibilities with respect to planning and administration of funds under this part as under part A of this title.
Title III: Employment and Training Assistance for Dislocated Workers
- Authorizes the Secretary to reserve up to 25 percent of the appropriations for this title for use by States which apply for assistance to provide training, retraining, job search assistance, placement, relocation assistance, and other aid (including specified authorized activities) to individuals who: (1) are affected by mass layoffs, natural disasters, Federal Government actions (such as relocation of Federal facilities); or (2) reside in areas of high unemployment or designated enterprise zones.
Directs the Secretary to allot the remainder of title III funds among the States on the same basis used for allotment under part A of title II.
Authorizes States to establish procedures to identify substantial groups of eligible individuals who: (1) have been terminated or laid-off or have received notice of termination or layoff, are eligible for or have exhausted entitlement to unemployment compensation, and are unlikely to return to their previous industry or occupation; (2) have been terminated, or have received termination notice, due to permanent closure of a plant or facility; or (3) are long-term unemployed and have limited opportunities for employment or reemployment in the same or similar occupation in their area of residence (including older individuals with substantial barriers to employment by reason of age).
Directs States, with PIC assistance, to determine what job opportunities, for which eligible individuals could be retrained, exist within or outside the local labor market area. Directs States to: (1) determine whether such retraining opportunities exist or could be provided within the area; and (2) make such information available to workers.
Sets forth permissible types of job search, development, training, and supportive services under this title, including pre-layoff and relocation assistance and programs conducted in cooperation with employers or labor organizations to provide early intervention in the event of closures of plants or facilities.
Permits Federal funds provided to States under this title to be used to pay 50 percent of the dislocated workers assistance program. Provides for ten percent increases in the amount of such assistance to a State for each one percent, or portion thereof, by which the average rate of unemployment for such State exceeds the national average.
Provides for program review and recommendations by PICs and local officials.
Requires full consultation with a labor organization before the establishment any assistance program funded under this title which will provide services to a substantial number of members of such labor organization.
Limits to 30 percent the amount of specified funds under this title in any State which may be available for supportive services, administrative costs, wages, allowances, and stipends.
Requires States to submit to the Secretary a plan for use of assistance under this title, including provisions for coordination of programs, low-income weatherization and other energy conservation programs, and social services.
Title IV: Federally Administered Programs
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Part A: Employment and Training Programs for Native Americans and Migrant and Seasonal Farmworkers
- Sets forth provisions for Native American employment and training programs. Directs the Secretary to reserve for Native Americans programs from title IV (other than part B) Funds an amount equal to not less than three and three-tenths percent of the amount available for title II, part A programs. Directs the Secretary to prescribe rules, regulations and performance standards necessary to meet the special circumstances under which such Native American programs operate, after consultation with representatives of Indians and other Native Americans. Directs the Secretary to provide necessary technical assistance to tribes, bands, and groups eligible for such programs.
Directs the Secretary to take appropriate action to establish administrative procedures and machinery (including personnel having particular competence in this field) for the selection, administration, monitoring, and evaluation of Native American employment and training programs, and of migrant and seasonal employment and training programs, under this Act.
Sets forth provisions for migrant and seasonal farmworker employment and training programs. Requires that the public agencies and private nonprofit organizations carrying out program services have a previously demonstrated capability to administer effectively a diversified employability development program for migrant and seasonal farmworkers. Authorizes the Secretary to approve the designation of grantees for such programs for a period of two years. Requires program fund recipients to establish performance goals. Prohibits national farmworker programs and activities from precluding other assistance to farmworkers under this Act.
Directs the Secretary to consult with appropriate State and local officials in administering national farmworker programs.
Directs the Secretary to reserve for farmworker programs from title IV (other than part B) funds an amount equal to not less than three and two-tenths percent of the amount available for title II, part A programs.
Part B: Job Corps
- Maintains a Job Corps for economically disadvantaged youth which shall operate exclusively as a distinct national program.
Sets forth provisions reauthorizing the Job Corps and making technical and conforming changes replacing related CETA provisions.
Retains participant age limits of 14 through 21 and waivers of the maximum age limitation in cases of handicapped individuals. Authorizes the Secretary to undertake pilot projects to determine the value of Job Corps participation for young adults aged 22 through 24.
Adds entities administering programs under title II of this Act to the list of agencies appropriate for implementing standards and procedures for the screening and selection of Job Corps applicants. Authorizes the Secretary to make payments to individuals and organizations for the cost of candidate recruitment, screening and selection.
Provides for exceptions from the two-year limit on Job Corps participation: (1) in any case in which completion of an advanced career program would require an individual to participate for more than two years; and (2) in special cases, as the Secretary may authorize.
Limits the number of nonresidential participants to ten percent of Corps enrollees in any year.
Authorizes the Secretary to arrange for advanced career training programs for selected Corps members for a period of up to one additional year of Corps participation. Permits such programs to be provided by postsecondary institutions or by businesses and labor unions. Requires reduction of Corps payments to enrollees in such programs by the amount of educational grant assistance received by such enrollees.
Directs (currently authorizes) the Secretary to provide Corps enrollees with allowances and support. Raises, for FY 1983, the maximum limits on personal allowances to: $65 per month for the first six months of Corps service; and (2) $125 for the remainder of Corps service, for expected short-term service, or for readjustment allowances. Retains provisions for exceptions in unusual circumstances, but eliminates provisions for increases, by regulation, of limits on personal and readjustment allowances.
Directs the Secretary to disseminate information from Job Corps program experience which may help related programs.
Authorizes the Secretary to test at various Job Corps centers the efficacy of selected education or training activities.
Authorizes the Secretary to arrange with the Secretary of Defense for pilot projects at Job Corps centers to prepare youth to qualify for military service. Permits permanent programs for such purpose if the Secretary of Defense reimburses the Job Corps for 50 percent of program costs and an additional amount if more than 50 percent of enrollees in such programs become Armed Forces members.
Authorizes the Secretary to undertake pilot projects using community-based organizations of demonstrated effectiveness for Job Corps center operation.
Authorizes the Secretary to accept charitable donations on behalf of the Job Corps.
Part C: Veterans' Employment Programs
- Directs the Secretary to conduct, directly or through grant or contract, programs to meet the employment and training needs of service-connected disabled veterans, Vietnam-era veterans, and veterans recently separated from military service.
Sets forth provisions relating to program conductors and to content, including activities to: (1) enhance services of other providers; (2) provide services not adequately provided; and (3) provide information on job opportunities.
Directs the Secretary to administer such programs through the Assistant Secretary for Veterans' Employment, who shall: (1) be responsible for grant awards, funds distribution, and establishment of fiscal controls, accountability, and program-performance standards for grant recipients; and (2) consult with the Administrator of Veterans' Affairs to coordinate programs under this part with related veterans' programs and activities.
Part D: National Activities
- Requires that specified funds be used to provide services authorized under all titles of this Act for employment and training programs that are most appropriately administered from the national level, such as multistate programs: (1) addressed to industry-wide skill shortages; (2) designed to train workers for employment opportunities located in another State; (3) developing skills for renewable energy technologies, energy conservation, and weatherization of homes occupied by low-income families; (4) designed to develop information networks among local programs with similar objectives under this Act; and (5) assisting persons with particular employment-related disadvantages (such as offenders, persons with limited English proficiency, handicapped, women, single parents, displaced homemakers, youth, older workers lacking educational credentials, and public assistance recipients).
Directs the Secretary to establish: (1) a comprehensive program of employment and training research; and (2) a program of experimental, developmental, and demonstration projects. Sets forth permissible research activities. Prohibits the Secretary from paying more than 60 percent of the costs of projects developed in conjunction with the Secretary of Defense to meet civilian manpower needs on military installations and in the private sector.
Authorizes the Secretary to fund pilot projects to help eliminate artificial and other employment barriers faced by persons requiring special assistance. Prohibits funding any such pilot project for more than three years under this Act. Requires, in selecting pilot project fund recipients, that special consideration be given to community-based organizations of demonstrated effectiveness, as well as to labor unions, and trade associations and their affiliates that address nationwide concerns through programs operating in more than one State.
Directs the Secretary to: (1) provide for continuing evaluation of all programs, activities, and research and demonstration projects conducted under this Act; and (2) evaluate the effectiveness of programs authorized under this Act and under the Social Security Act's work incentive (WIN) program for AFDC recipients.
Directs the Secretary, in consultation with appropriate officials, to provide personnel training and appropriate technical assistance (including technical assistance to training programs for housing for migrant and seasonal farmworkers) for programs under this Act. Permits utilization of training and technical assistance capabilities which exist at State and SDA level. Directs the Secretary to establish a national clearinghouse to disseminate materials and information gained from exemplary program experience.
Part E: Labor Market Information
- Directs the Secretary to set aside, from sums available to the Department of Labor for any fiscal year (including sums available for this title), amounts necessary to maintain a comprehensive labor market information system on a national, regional, State, local or other appropriate basis. Requires such information to be made publicly available in a timely fashion.
Provides that funds available for purposes of this part shall also be available for purposes of specified title I provisions relating to State labor market information.
Authorizes the heads of other Federal agencies to make available funds to carry out this part from funds available to them under the Vocational Education Act of 1963, the Wagner-Peyser Act, and the Federal Paperwork Reduction Act.
Directs the Secretary to develop and maintain for the Nation, State, and local areas, current employment data by occupation and industry, based on the occupational employment statistics program, including selected sample surveys, and projections by the Bureau of Labor Statistics of employment and openings by occupation.
Directs the Secretary to maintain descriptions of job duties, training, and education requirements, working conditions, and characteristics of occupations.
Directs the Secretary to assure: (1) statistical reliability and national standardized definitions; (2) consolidation of departmental data collecting and processing systems; and (3) compliance with criteria of the Federal Paperwork Reduction Act.
Authorizes the Secretary to develop: (1) data for an annual statistical measure of labor market related economic hardship; and (2) household budget data. Directs the Secretary to publish, at least annually, a report relating labor force status to earnings and income.
Directs the Secretary to develop and maintain: (1) statistical data relating to permanent lay-offs and plant closings; and (2) publish a report based on such data as soon as practicable after the end of each calendar year. Requires that such data include numbers of such closings and of workers displaced, locations of affected facilities, and types of industries involved.
Directs the Secretary, in cooperation with the Secretaries of Commerce, Defense, the Treasury, Education, and the Director of the Office of Management and the Budget (OMB), and through the National Occupational Information Coordinating Committee (NOICC), to: (1) review and integrate national information systems; (2) maintain standardized definitions; and (3) provide technical assistance to the States for a labor market and occupational supply and demand information system. Directs the Secretary, in cooperation with the Secretary of Defense, to assure development of a system to provide young persons information on Armed Forces career opportunities. Directs the Secretary and the Director of OMB to assure that sufficient funds are available to provide Federal staff for coordination functions for the cooperative labor market information program.
Reserves up to $5,000,000 from amounts available for this part for the National Occupational Information Coordinating Committee established under the Vocational Education Act of 1963. Adds to Committee membership the Assistant Secretary of Commerce for Economic Development and the Assistant Secretary of Defense for Manpower, Reserve Affairs, and Logistics. Requires that at least 75 percent of funds transferred by the Secretary to the Committee be used to support State occupational information coordinating committees and other units designated to carry out State labor market information functions. Adds to the duties of the Committee. Authorizes the Committee to use all funds available to it under specified Acts to carry out its functions.
Authorizes the Secretary to establish and carry out a nationwide computerized job bank and matching program, including the development of an occupational information file.
Part F: National Commission for Employment Policy
- Directs the Secretary to reserve $2,000,000 of the appropriations for this title for each fiscal year to fund the National Commission on Employment Policy. Establishes the Commission and sets forth provisions for its membership, reducing the number of members to 15 and providing for their appointment by the President. Requires that: (1) one of the members be a representative of the National Advisory Council on Vocational Education; and (2) the membership be generally representative of significant segments of the labor force, including women and minority groups. Raises to five the number of additional professional personnel that the Chairman of the Commission may appoint without regard to specified civil service provisions.
Part G: Training to Fulfill Affirmative Action Obligations
- Permits contractors to establish or participate in training programs for eligible individuals which are designed to assist such contractors in meeting specified affirmative action obligations. Sets forth requirements for such training programs. Directs the Director of the Office of Federal Contract Compliance Programs to promulgate regulations for affirmative action compliance review of such training programs. Permits such contractors to maintain an abbreviated written affirmative action program. Provides that successful performance or operation of such a training program shall create a presumption that a good faith effort to meet affirmative action obligations has been made.
Title V: Miscellaneous Provisions
- Amends the Wagner-Peyser Act (U.S. Employment Service) to direct the Secretary to assure that unemployment insurance and employment service offices in each State furnish certain information regarding individuals' employment upon request by the public agencies operating the Work Incentive (WIN) program or the Child Support Enforcement program under title IV of the Social Security Act.
Provides for a transition to program year funding, and authorizes additional appropriations for such purpose.
Directs the Secretary to allocate funds for each fiscal year after FY 1983 among the States on the basis of the civilian labor force (two-thirds of such funds) and unemployment (one-third of such funds), after each State is given a share of the total funds equal to 90 percent of its share for the preceding year, but not to exceed 90 percent of the amount received by each such State for FY 1983. Requires that no State receive a total allocation less than 0.28 percent of the total amount available for allocation. Directs the Secretary to reserve up to three percent of each State allocation to assure adequate funds for staff and other resources to carry out statewide employment services activities. Directs the Secretary to provide preliminary and final planning estimates, at specified times, showing each State's projected allocation for the following fiscal year.
Requires that ten percent of each State allotment be reserved for use by the Governor for performance incentives, services for groups with special needs, and exemplary models for service delivery. Permits the remainder of State allocations to be used for: (1) job search and placement services for job seekers; (2) recruitment and technical services for employees; (3) program evaluation; (4) service linkages with related government programs; (5) services for displaced workers; (6) labor market and occupational information; (7) management information and analysis; (8) work test administration for the State unemployment compensation system; and (9) job search and placement for unemployment insurance claimants.
Authorizes the U.S. Employment Service and designated State agencies to perform, in addition to activities authorized under such Act, such other labor market-related services as are specified in reimbursable contracts with the Secretary, any Federal, State, or local public agency, administrative entity under this Act, or private nonprofit organization.
Requires that State plans for carrying out U.S. Employment Service activities be developed taking into consideration proposals developed jointly by the appropriate PIC and local officials for the affected SDA and transmitted to the State job training coordinating council for certification that the plan is consistent with the Governor's coordination and special services plan. Grants the Governor opportunity to review and transmit proposed modifications of the State plan submitted to the Secretary.
Authorizes the Secretary to establish performance standards under such Act which take into account differences in priorities in State plans.
Declares that nothing in such Act shall be construed to prohibit referral of any applicant to private agencies as long as the applicant is not charged a fee.
Authorizes appropriations to enable the Secretary to provide funds through reimbursable agreements with the States to operate statistical programs which are essential for development of estimates of the gross national product and other national statistical series, including those related to employment and unemployment.
Amends Part C (Work Incentive Program -WIN) of title IV of the Social Security Act to direct to assure, when appropriate, that WIN registrants are referred for training and services under this Act. Authorizes (currently directs) the Secretary to use appropriations under such part to provide programs to assure that required WIN services and opportunities are provided.
Directs the Secretary to utilize PICs under this Act for advice as to availability of area jobs for WIN program purposes (thus replacing the WIN Labor Market Advisory Councils established to serve such function).
Provides that WIN employment placement program may include intensive job search services, including participation in group job search activities.
Replaces "unemployed fathers" with "unemployed parents who are the principal earners" as that group which is to receive first priority for specified WIN program selection purposes.
Directs the chief executive officer of each State to coordinate WIN program activities with activities provided by PICs and local officials under this Act.
Amends part A (Aid to Families with Dependent Children) of title IV of the Social Security Act to provide for an earnings disregard for the income of any dependent child derived from a program carried out under this Act, but only in such amounts and for such period (not to exceed six months) as the Secretary of Health and Human Services may provide in regulations.
Directs the Secretary to ensure that each individual participating in any program established under this Act, or receiving any benefit under this Act, has not violated the requirement to present and submit to registration under the Military Selective Service Act. Directs the Director of the Selective Service System to cooperate with the Secretary in carrying out this title.
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Bill titles: A bill to provide for a job training program, and for other purposes.
Original source documents: Digest of the Congressional Record vol. 134, p. 8456;
Links for more info on the vote: congress.gov
