[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 143 Introduced in Senate (IS)]

  1st Session
                                 S. 143

 To consolidate Federal employment training programs and create a new 
process and structure for funding the programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

Mrs. Kassebaum introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
 To consolidate Federal employment training programs and create a new 
process and structure for funding the 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Job Training 
Consolidation Act of 1995''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
 TITLE I--USE OF FEDERAL FUNDS FOR STATE EMPLOYMENT TRAINING ACTIVITIES

Sec. 101. Formula assistance.
Sec. 102. Discretionary assistance.
Sec. 103. Trade adjustment assistance services.
Sec. 104. Employment training activities.
Sec. 105. Reports.
        TITLE II--CONSOLIDATION OF EMPLOYMENT TRAINING PROGRAMS

Sec. 201. Repeals of employment training programs.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) according to the General Accounting Office--
                    (A) there are currently 154 Federal employment 
                training programs; and
                    (B) these programs cost nearly $25,000,000,000 
                annually and are administered by 14 different Federal 
                agencies;
            (2) these programs target individual populations such as 
        economically disadvantaged persons, dislocated workers, youth, 
        and persons with disabilities;
            (3) many of these programs provide similar services, such 
        as counseling, assessment, and literacy skills enhancement, 
        resulting in overlapping services, wasted funds, and confusion 
        on the part of local service providers and individuals seeking 
        assistance;
            (4) the Federal agencies administering these programs fail 
        to collect enough performance data to know whether the programs 
        are working effectively;
            (5) the additional cost of administering overlapping 
        employment training programs at the Federal, State, and local 
        levels diverts scarce resources that could be better used to 
        assist all persons in entering the work force, gaining basic 
        skills, or retraining for new jobs;
            (6) the conflicting eligibility requirements, and annual 
        budgeting or operating cycles, of employment training programs 
        create barriers to coordination of the programs that may 
        restrict access to services and result in inefficient use of 
        resources;
            (7) despite more than 30 years of federally funded 
        employment training programs, the Federal Government has no 
        single, coherent policy guiding its employment training 
        efforts;
            (8) the Federal Government has failed to adequately 
        maximize the effectiveness of the substantial public and 
        private sector resources of the United States for training and 
        work-related education; and
            (9) the Federal Government lacks a national labor market 
        information system, which is needed to provide current data on 
        jobs and skills in demand in different regions of the country.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Covered act.--The term ``covered Act'' means an Act 
        described in paragraph (3).
            (2) Covered activity.--The term ``covered activity'' means 
        an activity authorized to be carried out under a covered 
        provision.
            (3) Covered provision.--The term ``covered provision'' 
        means a provision of--
                    (A) the Job Training Partnership Act (29 U.S.C. 
                1501 et seq.);
                    (B) the Carl D. Perkins Vocational and Applied 
                Technology Education Act (20 U.S.C. 2301 et seq.);
                    (C) part B of title III of the Adult Education Act 
                (20 U.S.C. 1203 et seq.);
                    (D) part F of title IV of the Social Security Act 
                (42 U.S.C. 681 et seq.);
                    (E) section 235 or 236, or paragraph (1) or (2) of 
                section 250(d), of the Trade Act of 1974 (19 U.S.C. 
                2295, 2296, or 2331(d));
                    (F) the Wagner-Peyser Act (29 U.S.C. 49 et seq.);
                    (G) title I of the Rehabilitation Act of 1973 (29 
                U.S.C. 720 et seq.);
                    (H) section 6(d)(4) of the Food Stamp Act of 1977 
                (7 U.S.C. 2015(d)(4));
                    (I) the Refugee Education Assistance Act of 1980 (8 
                U.S.C. 1522 note);
                    (J) section 204 of the Immigration Reform and 
                Control Act of 1986 (8 U.S.C. 1255a note);
                    (K) title VII of the Stewart B. McKinney Homeless 
                Assistance Act (42 U.S.C. 11421 et seq.);
                    (L) title V of the Older Americans Act of 1965 (42 
                U.S.C. 3056 et seq.); and
                    (M) the School-to-Work Opportunities Act of 1994 
                (20 U.S.C. 6101 et seq.).
            (4) Local entity.--The term ``local entity'' includes 
        public and private entities.

 TITLE I--USE OF FEDERAL FUNDS FOR STATE EMPLOYMENT TRAINING ACTIVITIES

SEC. 101. FORMULA ASSISTANCE.

    (a) Use of Funds.--Notwithstanding any other provision of Federal 
law, a State that receives State formula assistance for a covered 
activity for a fiscal year may use the assistance to carry out 
activities as described in section 104 for the fiscal year. 
Notwithstanding any other provision of Federal law, a local entity that 
receives local formula assistance for a covered activity for a fiscal 
year may use the assistance to carry out activities as described in 
section 104 for the fiscal year.
    (b) Requirements.--
            (1) In general.--Except as otherwise provided in this 
        subsection, a State may use such State formula assistance, and 
        a local entity may use such local formula assistance, to carry 
        out activities as described in section 104, without regard to 
        the requirements of any covered Act.
            (2) Remaining program requirements.--
                    (A) Allocation and enforcement.--Any head of a 
                Federal agency that allocates State formula assistance, 
                and any State that allocates local formula assistance, 
                for a covered activity--
                            (i) shall allocate such assistance in 
                        accordance with allocation requirements that 
                        are specified in the covered Acts and that 
                        relate to the covered activity, including 
                        provisions relating to minimum or maximum 
                        allocations; and
                            (ii)(I) if the State or local entity uses 
                        such assistance to carry out the covered 
                        activity, shall exercise the enforcement and 
                        oversight authorities that are specified in the 
                        covered Acts and that relate to the covered 
                        activity; and
                            (II) if the State or local entity does not 
                        use such assistance to carry out the covered 
                        activity, shall exercise such authorities 
                        solely for the purpose of ensuring that the 
                        assistance is used to carry out activities as 
                        described in section 104, and in accordance 
                        with the applicable requirements of this title.
                    (B) Administrative expense limits.--Each State that 
                receives State formula assistance, and each local 
                entity that receives local formula assistance, for a 
                covered activity--
                            (i) shall comply with any limits on 
                        administrative expenses that are specified in 
                        the covered Acts and that relate to the covered 
                        activity; and
                            (ii) for any fiscal year, may not use a 
                        greater percentage of the State formula 
                        assistance or local formula assistance to pay 
                        for the administrative expenses of activities 
                        carried out under section 104 than the State or 
                        entity used to pay for such administrative 
                        expenses relating to the covered activity for 
                        fiscal year 1995.
                    (C) Conditional benefits.--Any State that receives 
                State formula assistance to carry out a covered 
                activity described in a covered provision specified in 
                subparagraph (D) or (H) of section 3(3) and that uses 
                the assistance to carry out activities as described in 
                section 104 shall carry out an activity that is 
                appropriate for persons who would otherwise be eligible 
                to participate in the covered activity. Any person in 
                the State who would otherwise be required to 
                participate in the covered activity in order to obtain 
                Federal assistance under a covered Act shall be 
                eligible to receive the assistance by participating in 
                such appropriate activity.
                    (D) Availability of appropriations.--Nothing in 
                this section shall affect the period for which any 
                appropriation under a covered Act remains available.
    (c) Definitions.--As used in this section:
            (1) Local formula assistance.--The term ``local formula 
        assistance'' means assistance made available by a State to a 
        local entity under--
                    (A)(i) subsections (a)(2) and (b) of section 202 of 
                the Job Training Partnership Act (29 U.S.C. 1602);
                    (ii) section 252(b) of such Act (29 U.S.C. 1631(b)) 
                in accordance with subsections (a)(2) and (b) of 
                section 262 of such Act (29 U.S.C. 1642);
                    (iii) subsections (a)(2) and (b) of section 262 of 
                such Act (29 U.S.C. 1642); or
                    (iv) subsections (a)(1), (b), and (d) of section 
                302 of such Act (29 U.S.C. 1652); or
                    (B)(i) section 102(a)(1), and section 231(a) or 232 
                of the Carl D. Perkins Vocational Education Act (20 
                U.S.C. 2312(a)(1), and 2341(a) or 2341a); or
                    (ii) section 353(b) of such Act (20 U.S.C. 
                2395b(b)).
            (2) State formula assistance.--The term ``State formula 
        assistance'' means assistance made available by an agency of 
        the Federal Government to a State under--
                    (A)(i) subsections (a)(2) and (c) of section 202 of 
                the Job Training Partnership Act (29 U.S.C. 1602);
                    (ii) subsections (a)(2) and (c) of section 262 of 
                such Act (29 U.S.C. 1642);
                    (iii) subsections (a)(1), (b), and (c)(1) of 
                section 302 of such Act (29 U.S.C. 1652); or
                    (iv) sections 502(d) and 503 of such Act (29 U.S.C. 
                1791a(d));
                    (B)(i) section 101(a)(2) of the Carl D. Perkins 
                Vocational Education Act (20 U.S.C. 2311(a)(2)) (other 
                than assistance made available under section 231(a) or 
                232 of such Act (20 U.S.C. 2341(a) or 2341a) to local 
                educational agencies or other local entities within the 
                State);
                    (ii) section 112(f) of such Act (20 U.S.C. 
                2322(f)); or
                    (iii) section 343(b)(1) of such Act (20 U.S.C. 
                2394a(b)(1));
                    (C) section 313(b) of the Adult Education Act (20 
                U.S.C. 1201b(b)) (other than assistance reserved to 
                carry out part D of title III of such Act (20 U.S.C. 
                1213 et seq.));
                    (D) subsection (k) or (l) of section 403 of the 
                Social Security Act (42 U.S.C. 603);
                    (E) section 6(b)(1) of the Wagner-Peyser Act (29 
                U.S.C. 49e(b)(1));
                    (F)(i) subsection (a) or (b) of section 110 of the 
                Rehabilitation Act of 1973 (29 U.S.C. 730) (less any 
                amount reserved under subsection (d) of such section);
                    (ii) section 112(e) of such Act (29 U.S.C. 732(e)); 
                or
                    (iii) section 124 of such Act (29 U.S.C. 744);
                    (G) section 16(h)(1) of the Food Stamp Act of 1977 
                (7 U.S.C. 2025(h)(1)) (other than funds made available 
                under subparagraph (B) of such section);
                    (H)(i) section 201(b) of the Refugee Education 
                Assistance Act of 1980 (8 U.S.C. 1522 note);
                    (ii) section 301(b) of such Act (8 U.S.C. 1522 
                note); or
                    (iii) section 401(b) of such Act (8 U.S.C. 1522 
                note);
                    (I) section 204(b) of the Immigration Reform and 
                Control Act of 1986 (8 U.S.C. 1255a note);
                    (J)(i) section 722(c) of the Stewart B. McKinney 
                Homeless Assistance Act; or
                    (ii) section 752(a) of such Act (42 U.S.C. 
                11462(a)); or
                    (K) section 506(a)(3) of the Older Americans Act of 
                1965 (42 U.S.C. 3056d(a)(3)).

SEC. 102. DISCRETIONARY ASSISTANCE.

    (a) In General.--
            (1) Prior assistance.--Notwithstanding any other provision 
        of Federal law, a State or local entity that received, prior to 
        the date of enactment of this Act, discretionary assistance for 
        a covered activity for a fiscal year may use the assistance to 
        carry out activities as described in section 104 for the fiscal 
        year.
            (2) Future assistance.--Notwithstanding any other provision 
        of Federal law, a State or local entity that is eligible to 
        apply for discretionary assistance for a covered activity for a 
        fiscal year may apply, as described in subsection (c), for the 
        assistance to carry out activities as described in section 104 
        for the fiscal year.
    (b) Use of Funds.--
            (1) In general.--Except as otherwise provided in this 
        subsection, a State or local entity that receives discretionary 
        assistance prior to the date of enactment of this Act or on 
        approval of an application submitted under subsection (c) may 
        use the discretionary assistance to carry out activities as 
        described in section 104, without regard to the requirements of 
        any covered Act.
            (2) Remaining program requirements.--A State or local 
        entity that uses discretionary assistance to carry out such 
        activities shall use the assistance in accordance with the 
        requirements of subparagraphs (A), (B), and (D) of section 
        101(b)(2), which shall apply to such assistance in the same 
        manner and to the same extent as the requirements apply to 
        State formula assistance or local formula assistance, as 
        appropriate, used under section 101.
    (c) Additional Information in Application.--A State or local entity 
seeking to use discretionary assistance as described in subsection 
(a)(2) shall include in the application (under the covered provision 
involved) of the State or local entity for the assistance (in lieu of 
any information otherwise required to be submitted)--
            (1) a description of the funds the State or local entity 
        proposes to use to carry out activities as described in section 
        104;
            (2) a description of the activities to be carried out with 
        such funds;
            (3) a description of the specific outcomes expected of 
        participants in the activities; and
            (4) such other information as the head of the agency with 
        responsibility for evaluating the application may require.
    (d) Evaluation of Application.--In evaluating an application 
described in subsection (c), the agency with responsibility for 
evaluating the application shall evaluate the application by 
determining the likelihood that the State or local entity submitting 
the application will be able to carry out activities as described in 
section 104. In evaluating applications for discretionary assistance, 
the agency shall not give preference to applications proposing covered 
activities over applications proposing activities described in section 
104.
    (e) Definition.--As used in this section, the term ``discretionary 
assistance'' means assistance that--
            (1) is not State formula assistance or local formula 
        assistance, as defined in section 101(c);
            (2) is not Federal assistance available to provide services 
        described in section 235 or 236, or paragraph (1) or (2) of 
        section 250(d), of the Trade Act of 1974 (19 U.S.C. 2295, 2296, 
        or 2331(d)); and
            (3) is made available by an agency of the Federal 
        Government, or by a State, to a State or local entity to enable 
        the State or local entity to carry out an activity under a 
        covered provision.

SEC. 103. TRADE ADJUSTMENT ASSISTANCE SERVICES.

    (a) Use of Assistance.--
            (1) In general.--Notwithstanding any other provision of 
        Federal law, if the Secretary of Labor initiates efforts under 
        section 235 of the Trade Act of 1974 (19 U.S.C. 2295) to secure 
        services described in such section 235 (including services that 
        are provided under section 250(d)(1) of such Act (19 U.S.C. 
        2331(d)(1))) for a worker, or if the Secretary makes a 
        determination under section 236(a) of the Trade Act of 1974 (19 
        U.S.C. 2296(a)) that entitles a worker to payments described in 
        such section for services (including services for which payment 
        is provided under section 250(d)(2) of such Act), the Secretary 
        shall notify the State in which the worker is located.
            (2) Activities.--A State that receives such notification 
        may apply under subsection (c) for the Federal assistance that 
        would otherwise have been expended to provide services 
        described in paragraph (1) to the worker, to enable the State 
        to carry out activities as described in section 104 for the 
        fiscal year. If the State has received such assistance in 
        advance, the State may apply under subsection (c) to use such 
        assistance to enable the State to carry out activities as 
        described in section 104 for the fiscal year.
    (b) Requirements.--
            (1) In general.--Except as otherwise provided in this 
        subsection, a State that receives such Federal assistance and 
        receives approval of an application submitted under subsection 
        (c) may use the assistance to carry out activities as described 
        in section 104, without regard to the requirements of any 
        covered Act.
            (2) Remaining program requirements.--A State that uses such 
        Federal assistance to carry out such activities shall use the 
        assistance in accordance with the requirements of subparagraphs 
        (A)(ii), (B), and (D) of section 101(b)(2), which shall apply 
        to such assistance in the same manner and to the same extent as 
        the requirements apply to State formula assistance or local 
        formula assistance, as appropriate, used under section 101.
            (3) Conditional benefits.--Any State that receives Federal 
        assistance that would otherwise have been expended to provide 
        services described in subsection (a)(1) to a worker, and that 
        uses the assistance to carry out activities as described in 
        section 104, shall carry out eligible alternative activities 
        that are appropriate for the worker. If the worker would 
        otherwise be required to receive such services in order to 
        obtain Federal funds under another provision of chapter 2 of 
        title II of the Trade Act of 1974 (19 U.S.C. 2291 et seq.), the 
        worker shall be eligible to receive the funds by participating 
        in such eligible alternative activities.
    (c) Additional Information in Application.--A State seeking to use 
Federal assistance that would otherwise have been expended to provide 
services described in subsection (a)(1) to a worker shall submit an 
application to the Secretary of Labor, at such time and in such manner 
as the Secretary may require, that contains--
            (1) a description of the Federal assistance the State 
        proposes to use to carry out activities as described in section 
        104;
            (2) a description of the activities to be carried out with 
        such assistance;
            (3) a description of the specific outcomes expected of 
        participants in the activities; and
            (4) such other information as the Secretary of Labor may 
        require.
    (d) Evaluation of Application.--In evaluating an application 
described in subsection (c), the Secretary of Labor shall evaluate the 
application by determining the likelihood that the State submitting the 
application will be able to carry out activities as described in 
section 104. In evaluating applications for such Federal assistance, 
the Secretary of Labor shall not give preference to applications 
proposing covered activities over applications proposing activities 
described in section 104.

SEC. 104. EMPLOYMENT TRAINING ACTIVITIES.

    A State or local entity that receives State formula assistance or 
local formula assistance as described in section 101(a), receives 
discretionary assistance as described in section 102(b), or receives 
Federal assistance as described in section 103(b), may--
            (1) use the assistance to carry out activities to develop a 
        comprehensive statewide employment training system that--
                    (A) is primarily designed and implemented by 
                communities to serve local labor markets in the State 
                involved;
                    (B) requires the participation and involvement of 
                private sector employers in all phases of the planning, 
                development, and implementation of the system, 
                including--
                            (i) determining the skills to be developed 
                        by each employment training program carried out 
                        through the system; and
                            (ii) designing the training to be provided 
                        by each such program;
                    (C) assures that State and local training efforts 
                are linked to available employment opportunities;
                    (D) includes standards for determining the 
                effectiveness of such programs; and
                    (E) is an integrated system that assures that 
                individuals seeking employment in the State will 
                receive information about all available employment 
                training services provided in the State, regardless of 
                where the individuals initially enter the system; or
            (2) may use the assistance that would otherwise have been 
        used to carry out 2 or more covered activities--
                    (A) to address the high priority needs of 
                unemployed persons in the State or community involved 
                for employment training services;
                    (B) to improve efficiencies in the delivery of the 
                covered activities; or
                    (C) in the case of overlapping or duplicative 
                activities--
                            (i) by combining the covered activities and 
                        funding the combined activities; or
                            (ii) by eliminating one of the covered 
                        activities and increasing the funding to the 
                        remaining covered activity.

SEC. 105. REPORTS.

    (a) State Reports.--
            (1) Preparation.--A State that receives State formula 
        assistance as described in section 101(a), receives 
        discretionary assistance as described in section 102(b), or 
        receives Federal assistance as described in section 103(b), and 
        that uses the assistance to carry out activities as described 
        in section 104 shall annually prepare a report containing--
                    (A) information on the amount and origin of such 
                assistance;
                    (B) information on the activities carried out with 
                such assistance;
                    (C) information regarding the populations to be 
                served with such assistance, such as economically 
disadvantaged persons, dislocated workers, youth, and individuals with 
disabilities;
                    (D) a summary of the reports received by the State 
                under subsection (b); and
                    (E) such other information as the committees 
                described in paragraph (2) may require.
            (2) Submission.--The State shall submit the report 
        described in paragraph (1) to the Committee on Education and 
        Labor of the House of Representatives, and the Committee on 
        Labor and Human Resources of the Senate, not later than 60 days 
        after the end of each year.
    (b) Local Entity Reports.--
            (1) Preparation.--A local entity that receives local 
        formula assistance as described in section 101(a), or that 
        receives discretionary assistance as described in section 
        102(b), and uses the assistance to carry out activities as 
        described in section 104 shall annually prepare a report 
        containing--
                    (A) information on the amount and origin of such 
                assistance;
                    (B) information on the activities carried out with 
                such assistance;
                    (C) information regarding the populations to be 
                served with such assistance, such as economically 
                disadvantaged persons, dislocated workers, youth, and 
                individuals with disabilities; and
                    (D) such other information as the State that 
                allocated the assistance may require.
            (2) Submission.--The local entity shall submit the report 
        described in paragraph (1) to the State not later than 30 days 
        after the end of each year.

        TITLE II--CONSOLIDATION OF EMPLOYMENT TRAINING PROGRAMS

SEC. 201. REPEALS OF EMPLOYMENT TRAINING PROGRAMS.

    (a) In General.--The following provisions are repealed:
            (1) The Job Training Partnership Act (29 U.S.C. 1501 et 
        seq.).
            (2) The Carl D. Perkins Vocational and Applied Technology 
        Education Act (20 U.S.C. 2301 et seq.).
            (3) Part B of title III of the Adult Education Act (20 
        U.S.C. 1203 et seq.).
            (4) Part F of title IV of the Social Security Act (42 
        U.S.C. 681 et seq.).
            (5) Sections 235 and 236 of the Trade Act of 1974 (19 
        U.S.C. 2295 and 2296), and paragraphs (1) and (2) of section 
        250(d) of such Act (19 U.S.C. 2331(d)).
            (6) The Wagner-Peyser Act (29 U.S.C. 49 et seq.).
            (7) Title I of the Rehabilitation Act of 1973 (29 U.S.C. 
        720 et seq.).
            (8) Section 6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C. 
        2015(d)(4)).
            (9) The Refugee Education Assistance Act of 1980 (8 U.S.C. 
        1522 note).
            (10) Section 204 of the Immigration Reform and Control Act 
        of 1986 (8 U.S.C. 1255a note).
            (11) Title VII of the Stewart B. McKinney Homeless 
        Assistance Act (42 U.S.C. 11421 et seq.).
            (12) Title V of the Older Americans Act of 1965 (42 U.S.C. 
        3056 et seq.).
            (13) The School-to-Work Opportunities Act of 1994 (20 
        U.S.C. 6101 et seq.).
    (b) Technical and Conforming Amendments.--Section 250(d) of the 
Trade Act of 1974 (as amended by subsection (a)(5)) is amended by 
redesignating paragraphs (3), (4), and (5) as paragraphs (1), (2), and 
(3), respectively.
    (c) Effective Date.--The repeals made by subsection (a), and the 
amendments made by subsection (b), shall take effect 24 months after 
the date of enactment of this Act.
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