[Congressional Record Volume 141, Number 156 (Tuesday, October 10, 1995)]
[Senate]
[Pages S14803-S14843]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WORKFORCE DEVELOPMENT ACT OF 1995
The PRESIDING OFFICER. Under the previous order, the Senate will now
proceed to the consideration of S. 143, which the clerk will report.
The assistant legislative clerk read as follows:
A bill (S. 143) to consolidate Federal employment training
programs and create a new process and structure for funding
the programs, and for other purposes, which had been reported
from the Committee on Labor and Human Resources, with an
amendment to strike all after the enacting clause and
inserting in lieu thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Workforce
Development Act of 1995''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--STATEWIDE WORKFORCE DEVELOPMENT SYSTEMS
Subtitle A--State Provisions
Sec. 101. Statewide workforce development systems established.
Sec. 102. State allotments.
Sec. 103. State apportionment by activity.
Sec. 104. State plans.
Sec. 105. State workforce development boards.
Sec. 106. Use of funds.
Subtitle B--Local Provisions
Sec. 111. Local apportionment by activity.
Sec. 112. Distribution for secondary school vocational education.
Sec. 113. Distribution for postsecondary and adult vocational
education.
Sec. 114. Distribution for adult education.
Sec. 115. Special rule for minimal allocation.
Sec. 116. Redistribution.
Sec. 117. Local application for workforce education activities.
Sec. 118. Local partnerships, agreements, and workforce development
boards.
Subtitle C--Provisions for Other Entities
Sec. 121. Indian workforce development activities.
Sec. 122. Grants to outlying areas.
Subtitle D--General Provisions
Sec. 131. Accountability.
Sec. 132. Incentives and sanctions.
Sec. 133. Unemployment trust fund.
Sec. 134. Authorization of appropriations.
Sec. 135. Effective date.
TITLE II--TRANSITION PROVISIONS
Subtitle A--Transition Provisions Relating to Use of Federal Funds for
State and Local Activities
Sec. 201. Waivers.
Subtitle B--Transition Provisions Relating to Applications and Plans
Sec. 211. Interim State plans.
Sec. 212. Applications and plans under covered Acts.
Subtitle C--Job Corps and Other Workforce Preparation Activities for
At-Risk Youth
Chapter 1--General Job Corps Provisions
Sec. 221. Purposes.
Sec. 222. Definitions.
Sec. 223. General authority.
Sec. 224. Individuals eligible for the Job Corps.
Sec. 225. Screening and selection of applicants.
Sec. 226. Enrollment and assignment.
Sec. 227. Job Corps centers.
Sec. 228. Program activities.
Sec. 229. Support.
Sec. 230. Operating plan.
Sec. 231. Standards of conduct.
Sec. 232. Community participation.
Sec. 233. Counseling and placement.
Sec. 234. Leases and sales of centers.
Sec. 235. Closure of Job Corps centers.
Sec. 236. Interim operating plans for Job Corps centers.
Sec. 237. Effective date.
Chapter 2--Other Workforce Preparation Activities for At-risk Youth
Sec. 241. Workforce preparation activities for at-risk youth.
Subtitle D--Interim Administration of School-to-Work Programs
Sec. 251. Administration of school-to-work programs.
Subtitle E--Amendments Relating to Certain Authorizations of
Appropriations
Sec. 261. Older American Community Service Employment Act.
Sec. 262. Carl D. Perkins Vocational and Applied Technology Education
Act.
Sec. 263. Adult Education Act.
TITLE III--NATIONAL ACTIVITIES
Sec. 301. Federal Partnership.
[[Page S 14804]]
Sec. 302. National assessment of vocational education programs.
Sec. 303. Labor market information.
Sec. 304. National Center for Research in Education and Workforce
Development.
Sec. 305. Transfers to Federal Partnership.
Sec. 306. Transfers to other Federal agencies and offices.
Sec. 307. Elimination of certain offices.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
Sec. 401. References.
Sec. 402. Findings and purposes.
Sec. 403. Consolidated rehabilitation plan.
Sec. 404. Definitions.
Sec. 405. Administration.
Sec. 406. Reports.
Sec. 407. Evaluation.
Sec. 408. Declaration of policy.
Sec. 409. State plans.
Sec. 410. Individualized employment plans.
Sec. 411. Scope of vocational rehabilitation services.
Sec. 412. State Rehabilitation Advisory Council.
Sec. 413. Evaluation standards and performance indicators.
Sec. 414. Repeals.
Sec. 415. Effective date.
TITLE V--OTHER PROGRAMS
Subtitle A--Amendments to Immigration and Nationality Act
Sec. 501. Prohibition on use of funds for certain employment
activities.
Subtitle B--Welfare Programs
Sec. 511. Welfare reform.
TITLE VI--REPEALS OF EMPLOYMENT AND TRAINING AND VOCATIONAL AND ADULT
EDUCATION PROGRAMS
Sec. 601. Repeals.
Sec. 602. Conforming amendments.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) increasing international competition, technological
advances, and structural changes in the United States economy
present new challenges to private businesses and public
policymakers in creating a skilled workforce with the ability
to adapt to change and technological progress;
(2) despite more than 60 years of federally funded
employment training programs, the Federal Government has no
single, coherent policy guiding employment training efforts;
(3) according to the General Accounting Office, there are
over 100 federally funded employment training programs, which
are administered by 15 different Federal agencies and cost
more than $20,000,000,000 annually;
(4) many of the programs fail to collect enough performance
data to determine the relative effectiveness of each of the
programs or the effectiveness of the programs as a whole;
(5) because of the fragmentation, duplication, and lack of
accountability that currently exist within and among Federal
employment training programs it is often difficult for
workers, jobseekers, and businesses to easily access the
services they need;
(6) high quality, innovative vocational education programs
provide youth with skills and knowledge on which to build
successful careers and, in providing the skills and
knowledge, vocational education serves as the foundation of a
successful workforce development system;
(7) in recent years, several States and communities have
begun to develop promising new initiatives such as--
(A) school-to-work programs to better integrate youth
employment and education programs; and
(B) one-stop systems to make workforce development
activities more accessible to workers, jobseekers, and
businesses; and
(8) Federal, State, and local governments have failed to
adequately allow for private sector leadership in designing
workforce development activities that are responsive to local
labor market needs.
(b) Purposes.--The purposes of this Act are--
(1) to make the United States more competitive in the world
economy by eliminating the fragmentation in Federal
employment training efforts and creating coherent, integrated
statewide workforce development systems designed to develop
more fully the academic, occupational, and literacy skills of
all segments of the workforce;
(2) to ensure that all segments of the workforce will
obtain the skills necessary to earn wages sufficient to
maintain the highest quality of living in the world; and
(3) to promote the economic development of each State by
developing a skilled workforce that is responsive to the
labor market needs of the businesses of each State.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Adult education.--
(A) In general.--The term ``adult education'' means
services or instruction below the college level for adults
who--
(i) lack sufficient education or literacy skills to enable
the adults to function effectively in society; or
(ii) do not have a certificate of graduation from a school
providing secondary education (as determined under State law)
and who have not achieved an equivalent level of education.
(B) Adult.--As used in subparagraph (A), the term ``adult''
means an individual who is age 16 or older, or beyond the age
of compulsory school attendance under State law, and who is
not enrolled in secondary school.
(2) Area vocational education school.--The term ``area
vocational education school'' means--
(A) a specialized secondary school used exclusively or
principally for the provision of vocational education to
individuals who are available for study in preparation for
entering the labor market;
(B) the department of a secondary school exclusively or
principally used for providing vocational education in not
fewer than 5 different occupational fields to individuals who
are available for study in preparation for entering the labor
market;
(C) a technical institute or vocational school used
exclusively or principally for the provision of vocational
education to individuals who have completed or left secondary
school and who are available for study in preparation for
entering the labor market, if the institute or school admits
as regular students both individuals who have completed
secondary school and individuals who have left secondary
school; or
(D) the department or division of a junior college,
community college, or university that provides vocational
education in not fewer than 5 different occupational fields
leading to immediate employment but not necessarily leading
to a baccalaureate degree, if the department or division
admits as regular students both individuals who have
completed secondary school and individuals who have left
secondary school.
(3) At-risk youth.--The term ``at-risk youth'' means an
individual who--
(A) is not less than age 15 and not more than age 24; and
(B)(i) is determined under guidelines developed by the
Governing Board to be low-income, using the most recent
available data provided by the Bureau of the Census, prior to
the determination; or
(ii) is a dependent of a family that is determined under
guidelines developed by the Governing Board to be low-income,
using such data.
(4) Chief elected official.--The term ``chief elected
official'' means the chief elected officer of a unit of
general local government in a substate area.
(5) Community-based organization.--The term ``community-
based organization'' means a private nonprofit organization
of demonstrated effectiveness that is representative of a
community or a significant segment of a community and that
provides workforce development activities.
(6) Covered activity.--The term ``covered activity'' means
an activity authorized to be carried out under a provision
described in section 601(b) (as such provision was in effect
on the day before the date of enactment of this Act).
(7) Dislocated worker.--The term ``dislocated worker''
means an individual who--
(A) has been terminated from employment and is eligible for
unemployment compensation;
(B) has received a notice of termination of employment as a
result of any permanent closure, or any layoff of 50 or more
people, at a plant, facility, or enterprise;
(C) is long-term unemployed;
(D) was self-employed (including a farmer and a rancher)
but is unemployed due to local economic conditions;
(E) is a displaced homemaker; or
(F) has become unemployed as a result of a Federal action
that limits the use of, or restricts access to, a marine
natural resource.
(8) Displaced homemaker.--The term ``displaced homemaker''
means an individual who was a full-time homemaker for a
substantial number of years, as determined under guidelines
developed by the Governing Board, and who no longer receives
financial support previously provided by a spouse or by
public assistance.
(9) Economic development activities.--The term ``economic
development activities'' means the activities described in
section 106(e).
(10) Educational service agency.--The term ``educational
service agency'' means a regional public multiservice agency
authorized by State statute to develop and manage a service
or program, and provide the service or program to a local
educational agency.
(11) Elementary school; local educational agency; secondary
school.--The terms ``elementary school'', ``local educational
agency'' and ``secondary school'' have the meanings given the
terms in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801).
(12) Federal partnership.--The term ``Federal Partnership''
means the Workforce Development Partnership established in
section 301.
(13) Flexible workforce activities.--The term ``flexible
workforce activities'' means the activities described in
section 106(d).
(14) Governing board.--The term ``Governing Board'' means
the Governing Board of the Federal Partnership.
(15) Individual with a disability.--
(A) In general.--The term ``individual with a disability''
means an individual with any disability (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102)).
(B) Individuals with disabilities.--The term ``individuals
with disabilities'' means more than 1 individual with a
disability.
(16) Local entity.--The term ``local entity'' means a
public or private entity responsible for local workforce
development activities or workforce preparation activities
for at-risk youth.
(17) Local partnership.--The term ``local partnership''
means a partnership referred to in section 118(a).
(18) Older worker.--The term ``older worker'' means an
individual who is age 55 or older and who is determined under
guidelines developed by the Governing Board to be low-income,
using the most recent available data provided by the Bureau
of the Census, prior to the determination.
(19) Outlying area.--The term ``outlying area'' means the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.
[[Page S 14805]]
(20) Participant.--The term ``participant'' means an
individual participating in workforce development activities
or workforce preparation activities for at-risk youth,
provided through a statewide system.
(21) Postsecondary educational institution.--The term
``postsecondary educational institution'' means an
institution of higher education, as defined in section 481(a)
of the Higher Education Act of 1965 (20 U.S.C. 1088(a)), that
offers--
(A) a 2-year program of instruction leading to an
associate's degree or a certificate of mastery; or
(B) a 4-year program of instruction leading to a bachelor's
degree.
(22) Rapid response assistance.--The term ``rapid response
assistance'' means workforce employment assistance provided
in the case of a permanent closure, or layoff of 50 or more
people, at a plant, facility, or enterprise, including the
establishment of on-site contact with employers and employee
representatives immediately after the State is notified of a
current or projected permanent closure, or layoff of 50 or
more people.
(23) School-to-work activities.--The term ``school-to-work
activities'' means activities for youth that--
(A) integrate school-based learning and work-based
learning;
(B) integrate academic and occupational learning;
(C) establish effective linkages between secondary
education and postsecondary education;
(D) provide each youth participant with the opportunity to
complete a career major; and
(E) provide assistance in the form of connecting activities
that link each youth participant with an employer in an
industry or occupation relating to the career major of the
youth participant.
(24) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.
(25) State benchmarks.--The term ``State benchmarks'', used
with respect to a State, means--
(A) the quantifiable indicators established under section
131(c) and identified in the report submitted under section
131(a); and
(B) such other quantifiable indicators of the statewide
progress of the State toward meeting the State goals as the
State may identify in the report submitted under section
131(a).
(26) State educational agency.--The term ``State
educational agency'' means the State board of education or
other agency or officer primarily responsible for the State
supervision of public elementary or secondary schools, or, if
there is no such officer or agency, an officer or agency
designated by the chief Governor or by State law.
(27) State goals.--The term ``State goals'', used with
respect to a State, means--
(A) the goals specified in section 131(b); and
(B) such other major goals of the statewide system of the
State as the State may identify in the report submitted under
section 131(a).
(28) Statewide system.--The term ``statewide system'' means
a statewide workforce development system, referred to in
section 101, that is designed to integrate workforce
employment activities, workforce education activities,
flexible workforce activities, economic development
activities (in a State that is eligible to carry out such
activities), vocational rehabilitation program activities,
and workforce preparation activities for at-risk youth in the
State in order to enhance and develop more fully the
academic, occupational, and literacy skills of all segments
of the population of the State and assist participants in
obtaining meaningful unsubsidized employment.
(29) Substate area.--The term ``substate area'' means a
geographic area designated by a Governor that reflects, to
the extent feasible, a local labor market in a State.
(30) Tech-prep program.--The term ``tech-prep program''
means a program of study that--
(A) combines at least 2 years of secondary education (as
determined under State law) and 2 years of postsecondary
education in a nonduplicative sequence;
(B) integrates academic and vocational instruction and
utilizes worksite learning where appropriate;
(C) provides technical preparation in an area such as
engineering technology, applied science, a mechanical,
industrial, or practical art or trade, agriculture, a health
occupation, or business;
(D) builds student competence in mathematics, science,
communications, and workplace skills, through applied
academics and integrated instruction in a coherent sequence
of courses;
(E) leads to an associate degree or a certificate in a
specific career field; and
(F) leads to placement in appropriate employment or further
education.
(31) Vocational education.--The term ``vocational
education'' means organized educational programs that--
(A) offer a sequence of courses that provide individuals
with the academic knowledge and skills the individuals need
to prepare for further education and careers in current or
emerging employment sectors; and
(B) include competency-based applied learning that
contributes to the academic knowledge, higher-order reasoning
and problem-solving skills, work attitudes, general
employability skills, and occupational-specific skills, of an
individual.
(32) Vocational rehabilitation program.--The term
``vocational rehabilitation program'' means a program
assisted under title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.).
(33) Welfare assistance.--The term ``welfare assistance''
means a Federal, State, or local government cash payment for
which eligibility is determined by need or by an income test.
(34) Welfare recipient.--The term ``welfare recipient''
means an individual who receives welfare assistance.
(35) Workforce development activities.--The term
``workforce development activities'' means workforce
education activities, workforce employment activities,
flexible workforce activities, and economic development
activities (within a State that is eligible to carry out such
activities).
(36) Workforce education activities.--The term ``workforce
education activities'' means the activities described in
section 106(b).
(37) Workforce employment activities.--The term ``workforce
employment activities'' means the activities described in
paragraphs (2) through (8) of section 106(a), including
activities described in section 106(a)(6) provided through a
voucher described in section 106(a)(9).
(38) Workforce preparation activities for at-risk youth.--
The term ``workforce preparation activities for at-risk
youth'' means the activities described in section 241(b),
carried out for at-risk youth.
TITLE I--STATEWIDE WORK- FORCE DEVELOPMENT SYSTEMS
Subtitle A--State Provisions
SEC. 101. STATEWIDE WORKFORCE DEVELOPMENT SYSTEMS
ESTABLISHED.
For program year 1998 and each subsequent program year, the
Governing Board shall make allotments under section 102 to
States to assist the States in paying for the cost of
establishing and carrying out activities through statewide
workforce development systems, in accordance with this title.
SEC. 102. STATE ALLOTMENTS.
(a) In General.--The Governing Board shall allot to each
State with a State plan approved under section 104 an amount
equal to the total of the amounts made available under
subparagraphs (A), (B), (C), and (D) of subsection (b)(2),
adjusted in accordance with subsection (c).
(b) Allotments Based on Populations.--
(1) Definitions.--As used in this subsection:
(A) Adult recipient of aid to families with dependent
children.--The term ``adult recipient of aid to families with
dependent children'' means a recipient of aid to families
with dependent children under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) who is not a
dependent child (as defined in section 406(a) of such Act (42
U.S.C. 606(a))).
(B) Individual in poverty.--The term ``individual in
poverty'' means an individual who--
(i) is not less than age 18;
(ii) is not more than age 64; and
(iii) is a member of a family (of 1 or more members) with
an income at or below the poverty line.
(C) Poverty line.--The term ``poverty line'' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size involved, using
the most recent available data provided by the Bureau of the
Census, prior to the program year for which the allotment is
made, and applying the definition of poverty used by the
Bureau of the Census in compiling the 1990 decennial census.
(2) Calculation.--Except as provided in subsection (c),
from the amount reserved under section 134(b)(1), the
Governing Board--
(A) using funds equal to 60 percent of such reserved
amount, shall make available to each State an amount that
bears the same relationship to such funds as the total number
of individuals who are not less than 15 and not more than 65
(as determined by the Governing Board using the most recent
available data provided by the Bureau of the Census, prior to
the program year for which the allotment is made) in the
State bears to the total number of such individuals in all
States;
(B) using funds equal to 10 percent of such reserved
amount, shall make available to each State an amount that
bears the same relationship to such funds as the total number
of individuals in poverty in the State bears to the total
number of individuals in poverty in all States;
(C) using funds equal to 10 percent of such reserved
amount, shall make available to each State an amount that
bears the same relationship to such funds as the average
number of unemployed individuals (as determined by the
Secretary of Labor for the most recent 24-month period for
which data are available, prior to the program year for which
the allotment is made) in the State bears to the average
number of unemployed individuals (as so determined) in all
States; and
(D) using funds equal to 20 percent of such reserved
amount, shall make available to each State an amount that
bears the same relationship to such funds as the average
monthly number of adult recipients of aid to families with
dependent children (as determined by the Secretary of Health
and Human Services for the most recent 12-month period for
which data are available, prior to the program year for which
the allotment is made) in the State bears to the average
monthly number of adult recipients of aid to families with
dependent children (as so determined) in all States.
(c) Adjustments.--
(1) Definition.--As used in this subsection, the term
``national average per capita payment'', used with respect to
a program year, means the amount obtained by dividing--
(A) the total amount allotted to all States under this
section for the program year; by
(B) the total number of individuals who are not less than
15 and not more than 65 (as determined by the Governing Board
using the most recent available data provided by the Bureau
of the Census, prior to the program year for which the
allotment is made) in all States.
(2) Minimum allotment.--Except as provided in paragraph
(3), no State with a State plan approved under section 104
for a program year
[[Page S 14806]]
shall receive an allotment under this section for the program year in
an amount that is less than 0.5 percent of the amount
reserved under section 134(b)(1) for the program year.
(3) Limitation.--No State that receives an increase in an
allotment under this section for a program year as a result
of the application of paragraph (2) shall receive an
allotment under this section for the program year in an
amount that is more than the product obtained by
multiplying--
(A) the total number of individuals who are not less than
15 and not more than 65 (as determined by the Governing Board
using the most recent available data provided by the Bureau
of the Census, prior to the program year for which the
allotment is made) in the State; and
(B) the product obtained by multiplying--
(i) 1.3; and
(ii) the national average per capita payment for the
program year.
SEC. 103. STATE APPORTIONMENT BY ACTIVITY.
(a) Activities.--From the sum of the funds made available
to a State through an allotment received under section 102
and the funds made available under section 901(c)(1)(A) of
the Social Security Act (42 U.S.C. 1101(c)(1)(A)) to carry
out this Act for a program year--
(1) a portion equal to 25 percent of such sum (which
portion shall include the amount allotted to the State from
funds made available under section 901(c)(1)(A) of the Social
Security Act) shall be made available for workforce
employment activities;
(2) a portion equal to 25 percent of such sum shall be made
available for workforce education activities; and
(3) a portion (referred to in this Act as the ``flex
account'') equal to 50 percent of such sum shall be made
available for flexible workforce activities.
(b) Recipients.--In making an allotment under section 102
to a State, the Governing Board shall make a payment--
(1) to the Governor of the State for the portion described
in subsection (a)(1), and such part of the flex account as
the Governor may be eligible to receive, as determined under
the State plan of the State submitted under section 104; and
(2) to the State educational agency of the State for the
portion described in subsection (a)(2), and such part of the
flex account as the State educational agency may be eligible
to receive, as determined under the State plan of the State
submitted under section 104.
SEC. 104. STATE PLANS.
(a) In General.--For a State to be eligible to receive an
allotment under section 102, the Governor of the State shall
submit to the Governing Board, and obtain approval of, a
single comprehensive State workforce development plan
(referred to in this section as a ``State plan''), outlining
a 3-year strategy for the statewide system of the State.
(b) Parts.--
(1) In general.--The State plan shall contain 3 parts.
(2) Strategic plan and flexible workforce activities.--The
first part of the State plan shall describe a strategic plan
for the statewide system, including the flexible workforce
activities, and, if appropriate, economic development
activities, that are designed to meet the State goals and
reach the State benchmarks and are to be carried out with the
allotment. The Governor shall develop the first part of the
State plan, using procedures that are consistent with the
procedures described in subsection (d).
(3) Workforce employment activities.--The second part of
the State plan shall describe the workforce employment
activities that are designed to meet the State goals and
reach the State benchmarks and are to be carried out with the
allotment. The Governor shall develop the second part of the
State plan.
(4) Workforce education activities.--The third part of the
State plan shall describe the workforce education activities
that are designed to meet the State goals and reach the State
benchmarks and are to be carried out with the allotment. The
State educational agency of the State shall develop the third
part of the State plan.
(c) Contents of the Plan.--The State plan shall include--
(1) with respect to the strategic plan for the statewide
system--
(A) information describing how the State will identify the
current and future workforce development needs of the
industry sectors most important to the economic
competitiveness of the State;
(B) information describing how the State will identify the
current and future workforce development needs of all
segments of the population of the State;
(C) information identifying the State goals and State
benchmarks and how the goals and benchmarks will make the
statewide system relevant and responsive to labor market and
education needs at the local level;
(D) information describing how the State will coordinate
workforce development activities to meet the State goals and
reach the State benchmarks;
(E) information describing the allocation within the State
of the funds made available through the flex account for the
State, and how the flexible workforce activities, including
school-to-work activities, to be carried out with such funds
will be carried out to meet the State goals and reach the
State benchmarks;
(F) information identifying how the State will obtain the
active and continuous participation of business, industry,
and labor in the development and continuous improvement of
the statewide system;
(G) information identifying how any funds that a State
receives under this title will be leveraged with other public
and private resources to maximize the effectiveness of such
resources for all workforce development activities, and
expand the participation of business, industry, labor, and
individuals in the statewide system;
(H) information describing how the State will eliminate
duplication in the administration and delivery of services
under this Act;
(I) information describing the process the State will use
to independently evaluate and continuously improve the
performance of the statewide system, on a yearly basis,
including the development of specific performance indicators
to measure progress toward meeting the State goals;
(J) an assurance that the funds made available under this
title will supplement and not supplant other public funds
expended to provide workforce development activities;
(K) information identifying the steps that the State will
take over the 3 years covered by the plan to establish common
data collection and reporting requirements for workforce
development activities and vocational rehabilitation program
activities;
(L) with respect to economic development activities,
information--
(i) describing the activities to be carried out with the
funds made available under this title;
(ii) describing how the activities will lead directly to
increased earnings of nonmanagerial employees in the State;
and
(iii) describing whether the labor organization, if any,
representing the nonmanagerial employees supports the
activities;
(M) the description referred to in subsection (d)(1); and
(N)(i) information demonstrating the support of individuals
and entities described in subsection (d)(1) for the plan; or
(ii) in a case in which the Governor is unable to obtain
the support of such individuals and entities as provided in
subsection (d)(2), the comments referred to in subsection
(d)(2)(B),
(2) with respect to workforce employment activities,
information--
(A)(i) identifying and designating substate areas,
including urban and rural areas, to which funds received
through the allotment will be distributed, which areas shall,
to the extent feasible, reflect local labor market areas; or
(ii) stating that the State will be treated as a substate
area for purposes of the application of this title, if the
State receives an increase in an allotment under section 102
for a program year as a result of the application of section
102(c)(2); and
(B) describing the basic features of one-stop delivery of
core services described in section 106(a)(2) in the State,
including information regarding--
(i) the strategy of the State for developing fully
operational one-stop delivery of core services described in
section 106(a)(2);
(ii) the time frame for achieving the strategy;
(iii) the estimated cost for achieving the strategy;
(iv) the steps that the State will take over the 3 years
covered by the plan to provide individuals with access to
one-stop delivery of core services described in section
106(a)(2);
(v) the steps that the State will take over the 3 years
covered by the plan to provide information through the one-
stop delivery to individuals on the quality of workforce
employment activities, workforce education activities, and
vocational rehabilitation program activities, provided
through the statewide system;
(vi) the steps that the State will take over the 3 years
covered by the plan to link services provided through the
one-stop delivery with services provided through State
welfare agencies; and
(vii) in a case in which the State chooses to use vouchers
to deliver workforce employment activities, the steps that
the State will take over the 3 years covered by the plan to
comply with the requirements in section 106(a)(9) and the
information required in such section;
(C) identifying performance indicators that relate to the
State goals, and to the State benchmarks, concerning
workforce employment activities;
(D) describing the workforce employment activities to be
carried out with funds received through the allotment;
(E) describing the steps that the State will take over the
3 years covered by the plan to establish a statewide
comprehensive labor market information system described in
section 303(c) that will be utilized by all the providers of
one-stop delivery of core services described in section
106(a)(2), providers of other workforce employment
activities, and providers of workforce education activities,
in the State;
(F) describing the steps that the State will take over the
3 years covered by the plan to establish a job placement
accountability system described in section 131(d); and
(G)(i) describing the steps that the State will take to
segregate the amount allotted to the State from funds made
available under section 901(c)(1)(A) of the Social Security
Act (42 U.S.C. 1101(c)(1)(A)) from the remainder of the
portion described in section 103(a)(1); and
(ii) describing how the State will use the amount allotted
to the State from funds made available under such section
901(c)(1)(A) to carry out--
(I) the required activities described in clauses (ii)
through (v) of section 106(a)(2)(B) and section 303; and
(II) any permissive activities carried out by the State
that consist of--
(aa) the evaluation of programs provided through the
statewide system of the State;
(bb) the provision of services through the statewide system
for workers who have received notice of permanent or
impending layoff, or workers in occupations that are
experiencing limited demand due to technological change, the
impact of imports, or plant closures; or
(cc) the administration of the work test for the State
unemployment compensation system and
[[Page S 14807]]
provision of job finding and placement services for unemployment
insurance claimants; and
(3) with respect to workforce education activities,
information--
(A) describing how funds received through the allotment
will be allocated among--
(i) secondary school vocational education, or postsecondary
and adult vocational education, or both; and
(ii) adult education;
(B) identifying performance indicators that relate to the
State goals, and to the State benchmarks, concerning
workforce education activities;
(C) describing the workforce education activities that will
be carried out with funds received through the allotment;
(D) describing how the State will address the adult
education needs of the State;
(E) describing how the State will disaggregate data
relating to at-risk youth in order to adequately measure the
progress of at-risk youth toward accomplishing the results
measured by the State goals, and the State benchmarks;
(F) describing how the State will adequately address the
needs of both at-risk youth who are in school, and out-of-
school youth, in alternative education programs that teach to
the same challenging academic, occupational, and skill
proficiencies as are provided for in-school youth;
(G) describing how the workforce education activities
described in the State plan and the State allocation of funds
received through the allotment for such activities are an
integral part of comprehensive efforts of the State to
improve education for all students and adults;
(H) describing how the State will annually evaluate the
effectiveness of the State plan with respect to workforce
education activities;
(I) describing how the State will address the professional
development needs of the State with respect to workforce
education activities;
(J) describing how the State will provide local educational
agencies in the State with technical assistance; and
(K) describing how the State will assess the progress of
the State in implementing student performance measures.
(d) Procedure for Development of Part of Plan Relating to
Strategic Plan.--
(1) Description of development.--The part of the State plan
relating to the strategic plan shall include a description of
the manner in which--
(A) the Governor;
(B) the State educational agency;
(C) representatives of business and industry, including
representatives of key industry sectors, and of small- and
medium-size and large employers, in the State;
(D) representatives of labor and workers;
(E) local elected officials from throughout the State;
(F) the State agency officials responsible for vocational
education;
(G) the State agency officials responsible for
postsecondary education;
(H) the State agency officials responsible for adult
education;
(I) the State agency officials responsible for vocational
rehabilitation;
(J) such other State agency officials, including officials
responsible for economic development and employment, as the
Governor may designate;
(K) representatives of elected officials of tribal
governments;
(L) the representative of the Veterans' Employment Training
Service assigned to the State under section 4103 of title 38,
United States Code; and
(M) other appropriate officials, including members of the
State workforce development board described in section 105,
if the State has established such a board;
collaborated in the development of such part of the plan.
(2) Failure to obtain support.--If, after a reasonable
effort, the Governor is unable to obtain the support of the
individuals and entities described in paragraph (1) for the
strategic plan the Governor shall--
(A) provide such individuals and entities with copies of
the strategic plan;
(B) allow such individuals and entities to submit to the
Governor, not later than the end of the 30-day period
beginning on the date on which the Governor provides such
individuals and entities with copies of such plan under
subparagraph (A), comments on such plan; and
(C) include any such comments in such plan.
(e) Approval.--The Governing Board shall approve a State
plan if the Governing Board--
(1) determines that the plan contains the information
described in subsection (c);
(2) determines that the State has prepared the plan in
accordance with the requirements of this section, including
the requirements relating to development of any part of the
plan; and
(3) has negotiated State benchmarks with the State in
accordance with section 131(c).
(f) No Entitlement to a Service.--Nothing in this Act shall
be construed to provide any individual with an entitlement to
a service provided under this Act.
SEC. 105. STATE WORKFORCE DEVELOPMENT BOARDS.
(a) Establishment.--A Governor of a State that receives an
allotment under section 102 may establish a State workforce
development board--
(1) on which a majority of the members are representatives
of business and industry;
(2) on which not less than 25 percent of the members shall
be representatives of labor, workers, and community-based
organizations;
(3) that shall include representatives of veterans;
(4) that shall include a representative of the State
educational agency and a representative from the State agency
responsible for vocational rehabilitation;
(5) that may include any other individual or entity that
participates in the collaboration described in section
104(d)(1); and
(6) that may include any other individual or entity the
Governor may designate.
(b) Chairperson.--The State workforce development board
shall select a chairperson from among the members of the
board who are representatives of business and industry.
(c) Functions.--The functions of the State workforce
development board shall include--
(1) advising the Governor on the development of the
statewide system, the State plan described in section 104,
and the State goals and State benchmarks;
(2) assisting in the development of specific performance
indicators to measure progress toward meeting the State goals
and reaching the State benchmarks and providing guidance on
how such progress may be improved;
(3) serving as a link between business, industry, labor,
and the statewide system;
(4) assisting the Governor in preparing the annual report
to the Governing Board regarding progress in reaching the
State benchmarks, as described in section 131(a);
(5) receiving and commenting on the State plan developed
under section 101 of the Rehabilitation Act of 1973 (29
U.S.C. 721);
(6) assisting the Governor in developing the statewide
comprehensive labor market information system described in
section 303(c) to provide information that will be utilized
by all the providers of one-stop delivery of core services
described in section 106(a)(2), providers of other workforce
employment activities, and providers of workforce education
activities, in the State; and
(7) assisting in the monitoring and continuous improvement
of the performance of the statewide system, including
evaluation of the effectiveness of workforce development
activities funded under this Act.
SEC. 106. USE OF FUNDS.
(a) Workforce Employment Activities.--
(1) In general.--Funds made available to a State under this
title to carry out workforce employment activities through a
statewide system--
(A) shall be used to carry out the activities described in
paragraphs (2), (3), and (4); and
(B) may be used to carry out the activities described in
paragraphs (5), (6), (7), and (8), including providing
activities described in paragraph (6) through vouchers
described in paragraph (9).
(2) One-stop delivery of core services.--
(A) Access.--The State shall use a portion of the funds
described in paragraph (1) to establish a means of providing
access to the statewide system through core services
described in subparagraph (B) available--
(i) through multiple, connected access points, linked
electronically or otherwise;
(ii) through a network that assures participants that such
core services will be available regardless of where the
participants initially enter the statewide system;
(iii) at not less than 1 physical location in each substate
area of the State; or
(iv) through some combination of the options described in
clauses (i), (ii), and (iii).
(B) Core services.--The core services referred to in
subparagraph (A) shall, at a minimum, include--
(i) outreach, intake, and orientation to the information
and other services available through one-stop delivery of
core services described in this subparagraph;
(ii) initial assessment of skill levels, aptitudes,
abilities, and supportive service needs;
(iii) job search and placement assistance and, where
appropriate, career counseling;
(iv) customized screening and referral of qualified
applicants to employment;
(v) provision of accurate information relating to local
labor market conditions, including employment profiles of
growth industries and occupations within a substate area, the
educational and skills requirements of jobs in the industries
and occupations, and the earnings potential of the jobs;
(vi) provision of accurate information relating to the
quality and availability of other workforce employment
activities, workforce education activities, and vocational
rehabilitation program activities;
(vii) provision of information regarding how the substate
area is performing on the State benchmarks;
(viii) provision of initial eligibility information on
forms of public financial assistance that may be available in
order to enable persons to participate in workforce
employment activities, workforce education activities, or
vocational rehabilitation program activities; and
(ix) referral to other appropriate workforce employment
activities, workforce education activities, and vocational
rehabilitation employment activities.
(3) Labor market information system.--The State shall use a
portion of the funds described in paragraph (1) to establish
a statewide comprehensive labor market information system
described in section 303(c).
(4) Job placement accountability system.--The State shall
use a portion of the funds described in paragraph (1) to
establish a job placement accountability system described in
section 131(d).
(5) Permissible one-stop delivery activities.--The State
may provide, through one-stop delivery--
(A) co-location of services related to workforce
development activities, such as unemployment insurance,
vocational rehabilitation program activities, welfare
assistance, veterans' employment services, or other public
assistance;
(B) intensive services for participants who are unable to
obtain employment through the core services described in
paragraph (2)(B), as determined by the State; and
(C) dissemination to employers of information on activities
carried out through the statewide system.
[[Page S 14808]]
(6) Other permissible activities.--The State may use a
portion of the funds described in paragraph (1) to provide
services through the statewide system that may include--
(A) on-the-job training;
(B) occupational skills training;
(C) entrepreneurial training;
(D) training to develop work habits to help individuals
obtain and retain employment;
(E) customized training conducted with a commitment by an
employer or group of employers to employ an individual after
successful completion of the training;
(F) rapid response assistance for dislocated workers;
(G) skill upgrading and retraining for persons not in the
workforce;
(H) preemployment and work maturity skills training for
youth;
(I) connecting activities that organize consortia of small-
and medium-size businesses to provide work-based learning
opportunities for youth participants in school-to-work
programs;
(J) programs for adults that combine workplace training
with related instruction;
(K) services to assist individuals in attaining
certificates of mastery with respect to industry-based skill
standards;
(L) case management services;
(M) supportive services, such as transportation and
financial assistance, that enable individuals to participate
in the statewide system; and
(N) followup services for participants who are placed in
unsubsidized employment.
(7) Staff development and training.--The State may use a
portion of the funds described in paragraph (1) for the
development and training of staff of providers of one-stop
delivery of core services described in paragraph (2),
including development and training relating to principles of
quality management.
(8) Incentive grant awards.--The State may use a portion of
the funds described in paragraph (1) to award incentive
grants to substate areas that reach or exceed the State
benchmarks established under section 131(c), with an emphasis
on benchmarks established under section 131(c)(3). A substate
area that receives such a grant may use the funds made
available through the grant to carry out any workforce
development activities authorized under this Act.
(9) Vouchers.--
(A) In general.--A State may deliver some or all of the
workforce employment activities described in paragraph (6)
that are provided under this title through a system of
vouchers administered through the one-stop delivery of core
services described in paragraph (2) in the State.
(B) Eligibility requirements.--
(i) In general.--A State that chooses to deliver the
activities described in subparagraph (A) through vouchers
shall indicate in the State plan described in section 104 the
criteria that will be used to determine--
(I) which workforce employment activities described in
paragraph (6) will be delivered through the voucher system;
(II) eligibility requirements for participants to receive
the vouchers and the amount of funds that participants will
be able to access through the voucher system; and
(III) which employment, training, and education providers
are eligible to receive payment through the vouchers.
(ii) Considerations.--In establishing State criteria for
service providers eligible to receive payment through the
vouchers under clause (i)(III), the State shall take into
account industry-recognized skills standards promoted by the
National Skills Standards Board.
(C) Accountability requirements.--A State that chooses to
deliver the activities described in paragraph (6) through
vouchers shall indicate in the State plan--
(i) information concerning how the State will utilize the
statewide comprehensive labor market information system
described in section 303(c) and the job placement
accountability system established under section 131(d) to
provide timely and accurate information to participants about
the performance of eligible employment, training, and
education providers;
(ii) other information about the performance of eligible
providers of services that the State believes is necessary
for participants receiving the vouchers to make informed
career choices; and
(iii) the timeframe in which the information developed
under clauses (i) and (ii) will be widely available through
the one-stop delivery of core services described in paragraph
(2) in the State.
(b) Workforce Education Activities.--The State educational
agency shall use the funds made available to the State
educational agency under this title for workforce education
activities to carry out, through the statewide system,
activities that include--
(1) integrating academic and vocational education;
(2) linking secondary education (as determined under State
law) and postsecondary education, including implementing
tech-prep programs;
(3) providing career guidance and counseling for students
at the earliest possible age, including the provision of
career awareness, exploration, and guidance information to
students and their parents that is, to the extent possible,
in a language and form that the students and their parents
understand;
(4) providing literacy and basic education services for
adults and out-of-school youth, including adults and out-of-
school youth in correctional institutions;
(5) providing programs for adults and out-of-school youth
to complete their secondary education;
(6) expanding, improving, and modernizing quality
vocational education programs; and
(7) improving access to quality vocational education
programs for at-risk youth.
(c) Fiscal Requirements for Workforce Education
Activities.--
(1) Supplement not supplant.--Funds made available under
this title for workforce education activities shall
supplement, and may not supplant, other public funds expended
to carry out workforce education activities.
(2) Maintenance of effort.--
(A) Determination.--No payments shall be made under this
title for any program year to a State for workforce education
activities unless the Governing Board determines that the
fiscal effort per student or the aggregate expenditures of
such State for workforce education for the program year
preceding the program year for which the determination is
made, equaled or exceeded such effort or expenditures for
workforce education for the second program year preceding the
fiscal year for which the determination is made.
(B) Waiver.--The Governing Board may waive the requirements
of this section (with respect to not more than 5 percent of
expenditures by any State educational agency) for 1 program
year only, on making a determination that such waiver would
be equitable due to exceptional or uncontrollable
circumstances affecting the ability of the applicant to meet
such requirements, such as a natural disaster or an
unforeseen and precipitous decline in financial resources. No
level of funding permitted under such a waiver may be used as
the basis for computing the fiscal effort or aggregate
expenditures required under this section for years subsequent
to the year covered by such waiver. The fiscal effort or
aggregate expenditures for the subsequent years shall be
computed on the basis of the level of funding that would, but
for such waiver, have been required.
(d) Flexible Workforce Activities.--
(1) Core flexible workforce activities.--The State shall
use a portion of the funds made available to the State under
this title through the flex account to carry out school-to-
work activities through the statewide system, except that any
State that received a grant under subtitle B of title II of
the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6141
et seq.) shall use such portion to support the continued
development of the statewide School-to-Work Opportunities
system of the State through the continuation of activities
that are carried out in accordance with the terms of such
grant.
(2) Permissible flexible workforce activities.--The State
may use a portion of the funds made available to the State
under this title through the flex account--
(A) to carry out workforce employment activities through
the statewide system; and
(B) to carry out workforce education activities through the
statewide system.
(e) Economic Development Activities.--In the case of a
State that meets the requirements of section 118(c), the
State may use a portion of the funds made available to the
State under this title through the flex account to supplement
other funds provided by the State or private sector--
(1) to provide customized assessments of the skills of
workers and an analysis of the skill needs of employers;
(2) to assist consortia of small- and medium-size employers
in upgrading the skills of their workforces;
(3) to provide productivity and quality improvement
training programs for the workforces of small- and medium-
size employers;
(4) to provide recognition and use of voluntary industry-
developed skills standards by employers, schools, and
training institutions;
(5) to carry out training activities in companies that are
developing modernization plans in conjunction with State
industrial extension service offices; and
(6) to provide on-site, industry-specific training programs
supportive of industrial and economic development;
through the statewide system.
(f) Limitations.--
(1) Wages.--No funds provided under this title shall be
used to pay the wages of incumbent workers during their
participation in economic development activities provided
through the statewide system.
(2) Relocation.--No funds provided under this title shall
be used or proposed for use to encourage or induce the
relocation, of a business or part of a business, that results
in a loss of employment for any employee of such business at
the original location.
(3) Training and assessments following relocation.--No
funds provided under this title shall be used for customized
or skill training, on-the-job training, or company specific
assessments of job applicants or workers, for any business or
part of a business, that has relocated, until 120 days after
the date on which such business commences operations at the
new location, if the relocation of such business or part of a
business, results in a loss of employment for any worker of
such business at the original location.
(g) Limitations on Participants.--
(1) Diploma or equivalent.--
(A) In general.--No individual may participate in workforce
employment activities described in subparagraph (A), (B),
(C), (E), (G), (J), or (K) of section 106(a)(6) until the
individual has obtained a secondary school diploma or its
recognized equivalent, or is enrolled in a program or course
of study to obtain a secondary school diploma or its
recognized equivalent.
(B) Exception.--Nothing in subparagraph (A) shall prevent
participation in workforce employment activities described
under subparagraph (A), (B), (C), (E), (G), (J), or (K) of
section 106(a)(6) by individuals who, after testing and in
the judgment of medical, psychiatric, academic, or other
appropriate professionals, lack the requisite capacity to
complete successfully a course of study that would lead to a
secondary school diploma or its recognized equivalent.
[[Page S 14809]]
(2) Services.--
(A) Referral.--If an individual who has not obtained a
secondary school diploma or its recognized equivalent applies
to participate in workforce employment activities described
under subparagraph (A), (B), (C), (E), (G), (J), or (K) of
section 106(a)(6), such individual shall be referred to State
approved adult education services that provide instruction
designed to help such individual obtain a secondary school
diploma or its recognized equivalent.
(B) State provision of services.--Notwithstanding any other
provision of this Act, a State may use funds made available
under section 103(a)(1) to provide State approved adult
education services that provide instruction designed to help
individuals obtain a secondary school diploma or its
recognized equivalent, to individuals who--
(i) are seeking to participate in workforce employment
activities described under subparagraph (A), (B), (C), (E),
(G), (J), or (K) of section 106(a)(6); and
(ii) are otherwise unable to obtain such services.
Subtitle B--Local Provisions
SEC. 111. LOCAL APPORTIONMENT BY ACTIVITY.
(a) Workforce Employment Activities.--
(1) In general.--The sum of the funds made available to a
State for any program year under paragraphs (1) and (3) of
section 103(a) for workforce employment activities shall be
made available to the Governor of such State for use in
accordance with paragraph (2).
(2) Distribution.--Of the sum described in paragraph (1),
for a program year--
(A) 25 percent shall be reserved by the Governor to carry
out workforce employment activities through the statewide
system; and
(B) 75 percent shall be distributed by the Governor to
local entities to carry out workforce employment activities
through the statewide system, based on--
(i) such factors as the relative distribution among
substate areas of individuals who are not less than 15 and
not more than 65, individuals in poverty, unemployed
individuals, and adult recipients of aid to families with
dependent children, as determined using the definitions
specified and the determinations described in section 102(b);
and
(ii) such additional factors as the Governor (in
consultation with local partnerships described in section
118(a) or, where established, local workforce development
boards described in section 118(b)), determines to be
necessary.
(b) Workforce Education Activities.--
(1) In general.--The sum of the funds made available to a
State for any program year under paragraphs (2) and (3) of
section 103(a) for workforce education activities shall be
made available to the State educational agency serving such
State for use in accordance with paragraph (2).
(2) Distribution.--Of the sum described in paragraph (1),
for a program year--
(A) 20 percent shall be reserved by the State educational
agency to carry out statewide workforce education activities
through the statewide system, of which not more than 5
percent of such 20 percent may be used for administrative
expenses; and
(B) 80 percent shall be distributed by the State
educational agency to entities eligible for financial
assistance under section 112, 113, or 114, to carry out
workforce education activities through the statewide system.
(3) State determinations.--From the amount available to a
State educational agency under paragraph (2)(B) for a program
year, such agency shall determine the percentage of such
amount that will be distributed in accordance with sections
112, 113, and 114 for such year for workforce education
activities in such State in each of the following areas:
(A) Secondary school vocational education, or postsecondary
and adult vocational education, or both; and
(B) Adult education.
(c) Special Rule.--Nothing in this title shall be construed
to prohibit any individual or agency in a State (other than
the State educational agency) that is administering workforce
education activities on the day preceding the date of
enactment of this Act from continuing to administer such
activities under this title.
SEC. 112. DISTRIBUTION FOR SECONDARY SCHOOL VOCATIONAL
EDUCATION.
(a) Allocation.--Except as otherwise provided in this
section and section 115, each State educational agency shall
distribute the portion of the funds made available for any
program year (from funds made available for the corresponding
fiscal year, as determined under section 134(c)) by such
agency for secondary school vocational education under
section 111(b)(3)(A) to local educational agencies within the
State as follows:
(1) Seventy percent.--From 70 percent of such portion, each
local educational agency shall be allocated an amount that
bears the same relationship to such 70 percent as the amount
such local educational agency was allocated under section
1124 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6333) for the preceding fiscal year bears to the
total amount received under such section by all local
educational agencies in the State for such year.
(2) Twenty percent.--From 20 percent of such portion, each
local educational agency shall be allocated an amount that
bears the same relationship to such 20 percent as the number
of students with disabilities who have individualized
education programs under section 614(a)(5) of the Individuals
with Disabilities Education Act (20 U.S.C. 1414(a)(5)) served
by such local educational agency for the preceding fiscal
year bears to the total number of such students served by all
local educational agencies in the State for such year.
(3) Ten percent.--From 10 percent of such portion, each
local educational agency shall be allocated an amount that
bears the same relationship to such 10 percent as the number
of students enrolled in schools and adults enrolled in
training programs under the jurisdiction of such local
educational agency for the preceding fiscal year bears to the
number of students enrolled in schools and adults enrolled in
training programs under the jurisdiction of all local
educational agencies in the State for such year.
(b) Minimum Allocation.--
(1) In general.--Except as provided in paragraph (2), no
local educational agency shall receive an allocation under
subsection (a) unless the amount allocated to such agency
under subsection (a) is not less than $15,000. A local
educational agency may enter into a consortium with other
local educational agencies for purposes of meeting the
minimum allocation requirement of this paragraph.
(2) Waiver.--The State educational agency may waive the
application of paragraph (1) in any case in which the local
educational agency--
(A) is located in a rural, sparsely-populated area; and
(B) demonstrates that such agency is unable to enter into a
consortium for purposes of providing services under this
section.
(3) Redistribution.--Any amounts that are not allocated by
reason of paragraph (1) or (2) shall be redistributed to
local educational agencies that meet the requirements of
paragraph (1) or (2) in accordance with the provisions of
this section.
(c) Limited Jurisdiction Agencies.--
(1) In general.--In applying the provisions of subsection
(a), no State educational agency receiving assistance under
this title shall allocate funds to a local educational agency
that serves only elementary schools, but shall distribute
such funds to the local educational agency or regional
educational agency that provides secondary school services to
secondary school students in the same attendance area.
(2) Special rule.--The amount to be allocated under
paragraph (1) to a local educational agency that has
jurisdiction only over secondary schools shall be determined
based on the number of students that entered such secondary
schools in the previous year from the elementary schools
involved.
(d) Allocations to Area Vocational Education Schools and
Educational Service Agencies.--
(1) In general.--Each State educational agency shall
distribute the portion of funds made available for any
program year by such agency for secondary school vocational
education under section 111(b)(3)(A) to the appropriate area
vocational education school or educational service agency in
any case in which--
(A) the area vocational education school or educational
service agency, and the local educational agency concerned--
(i) have formed or will form a consortium for the purpose
of receiving funds under this section; or
(ii) have entered into or will enter into a cooperative
arrangement for such purpose; and
(B)(i) the area vocational education school or educational
service agency serves an approximately equal or greater
proportion of students who are individuals with disabilities
or are low-income than the proportion of such students
attending the secondary schools under the jurisdiction of all
of the local educational agencies sending students to the
area vocational education school or the educational service
agency; or
(ii) the area vocational education school, educational
service agency, or local educational agency demonstrates that
the vocational education school or educational service agency
is unable to meet the criterion described in clause (i) due
to the lack of interest by students described in clause (i)
in attending vocational education programs in that area
vocational education school or educational service agency.
(2) Allocation basis.--If an area vocational education
school or educational service agency meets the requirements
of paragraph (1), then--
(A) the amount that will otherwise be distributed to the
local educational agency under this section shall be
allocated to the area vocational education school, the
educational service agency, and the local educational agency,
based on each school's or agency's relative share of students
described in paragraph (1)(B)(i) who are attending vocational
education programs (based, if practicable, on the average
enrollment for the prior 3 years); or
(B) such amount may be allocated on the basis of an
agreement between the local educational agency and the area
vocational education school or educational service agency.
(3) State determination.--
(A) In general.--For the purposes of this subsection, the
State educational agency may determine the number of students
who are low-income on the basis of--
(i) eligibility for--
(I) free or reduced-price meals under the National School
Lunch Act (7 U.S.C. 1751 et seq.);
(II) the program for aid to families with dependent
children under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.);
(III) benefits under the Food Stamp Act of 1977 (7 U.S.C.
2011 et seq.); or
(IV) services under title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.); and
(ii) another index of economic status, including an
estimate of such index, if the State educational agency
demonstrates to the satisfaction of the Governing Board that
such index is a more representative means of determining such
number.
(B) Data.--If a State educational agency elects to use more
than 1 factor described in subparagraph (A) for purposes of
making the determination described in such subparagraph, the
State educational agency shall ensure that the data used is
not duplicative.
[[Page S 14810]]
(4) Appeals procedure.--The State educational agency shall
establish an appeals procedure for resolution of any dispute
arising between a local educational agency and an area
vocational education school or an educational service agency
with respect to the allocation procedures described in this
section, including the decision of a local educational agency
to leave a consortium.
(5) Special rule.--Notwithstanding the provisions of
paragraphs (1), (2), (3), and (4), any local educational
agency receiving an allocation that is not sufficient to
conduct a secondary school vocational education program of
sufficient size, scope, and quality to be effective may--
(A) form a consortium or enter into a cooperative agreement
with an area vocational education school or educational
service agency offering secondary school vocational education
programs of sufficient size, scope, and quality to be
effective and that are accessible to students who are
individuals with disabilities or are low-income, and are
served by such local educational agency; and
(B) transfer such allocation to the area vocational
education school or educational service agency.
(e) Special Rule.--Each State educational agency
distributing funds under this section shall treat a secondary
school funded by the Bureau of Indian Affairs within the
State as if such school were a local educational agency
within the State for the purpose of receiving a distribution
under this section.
SEC. 113. DISTRIBUTION FOR POSTSECONDARY AND ADULT VOCATIONAL
EDUCATION.
(a) Allocation.--
(1) In general.--Except as provided in subsection (b) and
section 115, each State educational agency, using the portion
of the funds made available for any program year by such
agency for postsecondary and adult vocational education under
section 111(b)(3)(A)--
(A) shall reserve funds to carry out subsection (d); and
(B) shall distribute the remainder to eligible institutions
or consortia of the institutions within the State.
(2) Formula.--Each such eligible institution or consortium
shall receive an amount for the program year (from funds made
available for the corresponding fiscal year, as determined
under section 134(c)) from such remainder bears the same
relationship to such remainder as the number of individuals
who are Pell Grant recipients or recipients of assistance
from the Bureau of Indian Affairs and are enrolled in
programs offered by such institution or consortium for the
preceding fiscal year bears to the number of all such
individuals who are enrolled in any such program within the
State for such preceding year.
(3) Consortium requirements.--In order for a consortium of
eligible institutions described in paragraph (1) to receive
assistance pursuant to such paragraph such consortium shall
operate joint projects that--
(A) provide services to all postsecondary institutions
participating in the consortium; and
(B) are of sufficient size, scope, and quality to be
effective.
(b) Waiver for More Equitable Distribution.--The Governing
Board may waive the application of subsection (a) in the case
of any State educational agency that submits to the Governing
Board an application for such a waiver that--
(1) demonstrates that the formula described in subsection
(a) does not result in a distribution of funds to the
institutions or consortia within the State that have the
highest numbers of low-income individuals and that an
alternative formula will result in such a distribution; and
(2) includes a proposal for an alternative formula that may
include criteria relating to the number of individuals
attending the institutions or consortia within the State
who--
(A) receive need-based postsecondary financial aid provided
from public funds;
(B) are members of families participating in the program of
aid to families with dependent children under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.);
(C) are enrolled in postsecondary educational institutions
that--
(i) are funded by the State;
(ii) do not charge tuition; and
(iii) serve only low-income students;
(D) are enrolled in programs serving low-income adults; or
(E) are Pell Grant recipients.
(c) Minimum Amount.--
(1) In general.--No distribution of funds provided to any
institution or consortium for a program year under this
section shall be for an amount that is less than $50,000.
(2) Redistribution.--Any amounts that are not distributed
by reason of paragraph (1) shall be redistributed to eligible
institutions or consortia in accordance with the provisions
of this section.
(d) Special Rule for Criminal Offenders.--Each State
educational agency shall distribute the funds reserved under
subsection (a)(1)(A) to 1 or more State corrections agencies
to enable the State corrections agencies to administer
vocational education programs for juvenile and adult criminal
offenders in correctional institutions in the State,
including correctional institutions operated by local
authorities.
(e) Definition.--For the purposes of this section--
(1) the term ``eligible institution'' means an institution
of higher education, a local educational agency serving
adults, or an area vocational education school serving adults
that offers or will offer a program that seeks to receive
financial assistance under this section;
(2) the term ``institution of higher education'',
notwithstanding section 427(b)(2) of the Higher Education
Amendments of 1992 (20 U.S.C. 1085 note), has the meaning
given the term in section 435(b) of the Higher Education Act
of 1965 as such section was in effect on July 22, 1992;
(3) the term ``low-income'', used with respect to a person,
means a person who is determined under guidelines developed
by the Governing Board to be low-income, using the most
recent available data provided by the Bureau of the Census,
prior to the determination; and
(4) the term ``Pell Grant recipient'' means a recipient of
financial aid under subpart 1 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070a et seq.).
SEC. 114. DISTRIBUTION FOR ADULT EDUCATION.
(a) In General.--Except as provided in subsection (b)(3),
from the amount made available by a State educational agency
for adult education under section 111(b)(3)(B) for a program
year, such agency shall award grants, on a competitive basis,
to local educational agencies, correctional education
agencies, community-based organizations of demonstrated
effectiveness, volunteer literacy organizations, public or
private nonprofit agencies, postsecondary educational
institutions, public housing authorities, and other nonprofit
institutions that have the ability to provide literacy
services to adults and families, or consortia of agencies,
organizations, or institutions described in this subsection,
to enable such agencies, organizations, institutions, and
consortia to establish or expand adult education programs.
(b) Grant Requirements.--
(1) Access.--Each State educational agency making funds
available for any program year for adult education under
section 111(b)(3)(B) shall ensure that the entities described
in subsection (a) will be provided direct and equitable
access to all Federal funds provided under this section.
(2) Considerations.--In awarding grants under this section,
the State educational agency shall consider--
(A) the past effectiveness of applicants in providing
services (especially with respect to recruitment and
retention of educationally disadvantaged adults and the
learning gains demonstrated by such adults);
(B) the degree to which an applicant will coordinate and
utilize other literacy and social services available in the
community; and
(C) the commitment of the applicant to serve individuals in
the community who are most in need of literacy services.
(3) Consortia.--A State educational agency may award a
grant under subsection (a) to a consortium that includes an
entity described in subsection (a) and a for-profit agency,
organization, or institution, if such agency, organization,
or institution--
(A) can make a significant contribution to carrying out the
purposes of this Act; and
(B) enters into a contract with the entity described in
subsection (a) for the purpose of establishing or expanding
adult education programs.
(c) Local Administrative Costs Limits.--
(1) In general.--Except as provided in paragraph (2), of
the funds provided under this section by a State educational
agency to an agency, organization, institution, or consortium
described in subsection (a), at least 95 percent shall be
expended for provision of adult education instructional
activities. The remainder shall be used for planning,
administration, personnel development, and interagency
coordination.
(2) Special rule.--In cases where the cost limits described
in paragraph (1) will be too restrictive to allow for
adequate planning, administration, personnel development, and
interagency coordination supported under this section, the
State educational agency shall negotiate with the agency,
organization, institution, or consortium described in
subsection (a) in order to determine an adequate level of
funds to be used for noninstructional purposes.
SEC. 115. SPECIAL RULE FOR MINIMAL ALLOCATION.
(a) General Authority.--For any program year for which a
minimal amount is made available by a State educational
agency for distribution under section 112 or 113 such agency
may, notwithstanding the provisions of section 112 or 113,
respectively, in order to make a more equitable distribution
of funds for programs serving the highest numbers of low-
income individuals (as defined in section 113(e)), distribute
such minimal amount--
(1) on a competitive basis; or
(2) through any alternative method determined by the State
educational agency.
(b) Minimal Amount.--For purposes of this section, the term
``minimal amount'' means not more than 15 percent of the
total amount made available by the State educational agency
under section 111(b)(3)(A) for section 112 or 113,
respectively, for such program year.
SEC. 116. REDISTRIBUTION.
(a) In General.--In any program year that an entity
receiving financial assistance under section 112 or 113 does
not expend all of the amounts distributed to such entity for
such year under section 112 or 113, respectively, such entity
shall return any unexpended amounts to the State educational
agency for distribution under section 112 or 113,
respectively.
(b) Redistribution of Amounts Returned Late in an Program
Year.--In any program year in which amounts are returned to
the State educational agency under subsection (a) for
programs described in section 112 or 113 and the State
educational agency is unable to redistribute such amounts
according to section 112 or 113, respectively, in time for
such amounts to be expended in such program year, the State
educational agency shall retain such amounts for distribution
in combination with amounts provided under such section for
the following program year.
[[Page S 14811]]
SEC. 117. LOCAL APPLICATION FOR WORKFORCE EDUCATION
ACTIVITIES.
(a) In General.--
(1) In general.--Each eligible entity desiring financial
assistance under this title for workforce education
activities shall submit an application to the State
educational agency at such time, in such manner and
accompanied by such information as such agency (in
consultation with such other educational entities as the
State educational agency determines to be appropriate) may
require. Such application shall cover the same period of time
as the period of time applicable to the State workforce
development plan.
(2) Definition.--For the purpose of this section the term
``eligible entity'' means an entity eligible for financial
assistance under section 112, 113, or 114 from a State
educational agency.
(b) Contents.--Each application described in subsection (a)
shall, at a minimum--
(1) describe how the workforce education activities
required under section 106(b), and other workforce education
activities, will be carried out with funds received under
this title;
(2) describe how the activities to be carried out relate to
meeting the State goals, and reaching the State benchmarks,
concerning workforce education activities;
(3) describe how the activities to be carried out are an
integral part of the comprehensive efforts of the eligible
entity to improve education for all students and adults;
(4) describe the process that will be used to independently
and continuously improve the performance of the eligible
entity; and
(5) describe how the eligible entity will coordinate the
activities of the entity with the activities of the local
workforce development board, if any, in the substate area.
SEC. 118. LOCAL PARTNERSHIPS, AGREEMENTS, AND WORKFORCE
DEVELOPMENT BOARDS.
(a) Local Agreements.--
(1) In general.--After a Governor submits the State plan
described in section 104 to the Governing Board, the Governor
shall negotiate and enter into a local agreement regarding
the workforce employment activities, school-to-work
activities, and economic development activities (within a
State that is eligible to carry out such activities, as
described in subsection (c)) to be carried out in each
substate area in the State with local partnerships (or, where
established, local workforce development boards described in
subsection (b)).
(2) Local partnerships.--
(A) In general.--A local partnership referred to in
paragraph (1) shall be established by the local chief elected
official, in accordance with subparagraphs (B) and (C), and
shall consist of individuals representing business, industry,
and labor, local secondary schools, local postsecondary
education institutions, local adult education providers,
local elected officials, rehabilitation agencies and
organizations, and community-based organizations, within the
appropriate substate area.
(B) Multiple jurisdictions.--In any case in which there are
2 or more units of general local government in the substate
area involved, the chief elected official of each such unit
shall appoint members of the local partnership in accordance
with an agreement entered into by such chief elected
officials. In the absence of such an agreement, such
appointments shall be made by the Governor of the State
involved from the individuals nominated or recommended by the
chief elected officials.
(C) Selection of business and industry representatives.--
Individuals representing business and industry in the local
partnership shall be appointed by the chief elected official
from nominations submitted by business organizations in the
substate area involved. Such individuals shall reasonably
represent the industrial and demographic composition of the
business community. Where possible, at least 50 percent of
such business and industry representatives shall be
representatives of small business.
(3) Business and industry involvement.--The business and
industry representatives shall have a lead role in the
design, management, and evaluation of the activities to be
carried out in the substate area under the local agreement.
(4) Contents.--
(A) State goals and state benchmarks.--Such an agreement
shall include a description of the manner in which funds
allocated to a substate area under this title will be spent
to meet the State goals and reach the State benchmarks in a
manner that reflects local labor market conditions.
(B) Collaboration.--The agreement shall also include
information that demonstrates the manner in which--
(i) the Governor; and
(ii) the local partnership (or, where established, the
local workforce development board);
collaborated in reaching the agreement.
(5) Failure to reach agreement.--If, after a reasonable
effort, the Governor is unable to enter into an agreement
with the local partnership (or, where established, the local
workforce development board), the Governor shall notify the
partnership or board, as appropriate, and provide the
partnership or board, as appropriate, with the opportunity to
comment, not later than 30 days after the date of the
notification, on the manner in which funds allocated to such
substate area will be spent to meet the State goals and reach
the State benchmarks.
(6) Exception.--A State that indicates in the State plan
described in section 104 that the State will be treated as a
substate area for purposes of the application of this title
shall not be subject to this subsection.
(b) Local Workforce Development Boards.--
(1) In general.--Each State may facilitate the
establishment of local workforce development boards in each
substate area to set policy and provide oversight over the
workforce development activities in the substate area.
(2) Membership.--
(A) State criteria.--The Governor shall establish criteria
for use by local chief elected officials in each substate
area in the selection of members of the local workforce
development boards, in accordance with the requirements of
subparagraph (B).
(B) Representation requirement.--Such criteria shall
require, at a minimum, that a local workforce development
board consist of--
(i) representatives of business and industry in the
substate area, who shall constitute a majority of the board;
(ii) representatives of labor, workers, and community-based
organizations, who shall constitute not less than 25 percent
of the members of the board;
(iii) representatives of local secondary schools,
postsecondary education institutions, and adult education
providers;
(iv) representatives of veterans; and
(v) 1 or more individuals with disabilities, or their
representatives.
(C) Chair.--Each local workforce development board shall
select a chairperson from among the members of the board who
are representatives of business and industry.
(3) Conflict of interest.--No member of a local workforce
development board shall vote on a matter relating to the
provision of services by the member (or any organization that
the member directly represents) or vote on a matter that
would provide direct financial benefit to such member or the
immediate family of such member or engage in any other
activity determined by the Governor to constitute a conflict
of interest.
(4) Functions.--The functions of the local workforce
development board shall include--
(A) submitting to the Governor a single comprehensive 3-
year strategic plan for workforce development activities in
the substate area that includes information--
(i) identifying the workforce development needs of local
industries, students, jobseekers, and workers;
(ii) identifying the workforce development activities to be
carried out in the substate area with funds received through
the allotment made to the State under section 102, to meet
the State goals and reach the State benchmarks; and
(iii) identifying how the local workforce development board
will obtain the active and continuous participation of
business, industry, and labor in the development and
continuous improvement of the workforce development
activities carried out in the substate area;
(B) entering into local agreements with the Governor as
described in subsection (a);
(C) overseeing the operations of the one-stop delivery of
core services described in section 106(a)(2) in the substate
area, including the responsibility to--
(i) designate local entities to operate the one-stop
delivery in the substate area, consistent with the criteria
referred to in section 106(a)(2); and
(ii) develop and approve the budgets and annual operating
plans of the providers of the one-stop delivery; and
(D) submitting annual reports to the Governor on the
progress being made in the substate area toward meeting the
State goals and reaching the State benchmarks.
(5) Consultation.--A local workforce development board that
serves a substate area shall conduct the functions described
in paragraph (4) in consultation with the chief elected
officials in the substate area.
(c) Economic Development Activities.--A State shall be
eligible to use the funds made available through the flex
account for flexible workforce activities to carry out
economic development activities if--
(1) the boards described in section 105 and subsection (b)
are established in the State; or
(2) in the case of a State that indicates in the State plan
described in section 104 that the State will be treated as a
substate area for purposes of the application of this title,
the board described in section 105 is established in the
State.
Subtitle C--Provisions for Other Entities
SEC. 121. INDIAN WORKFORCE DEVELOPMENT ACTIVITIES.
(a) Purpose.--
(1) In general.--The purpose of this section is to support
workforce development activities for Indian and Native
Hawaiian individuals in order--
(A) to develop more fully the academic, occupational, and
literacy skills of such individuals;
(B) to make such individuals more competitive in the
workforce; and
(C) to promote the economic and social development of
Indian and Native Hawaiian communities in accordance with the
goals and values of such communities.
(2) Indian policy.--All programs assisted under this
section shall be administered in a manner consistent with the
principles of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.) and the government-to-
government relationship between the Federal Government and
Indian tribal governments.
(b) Definitions.--As used in this section:
(1) Alaska native.--The term ``Alaska Native'' means a
Native as such term is defined in section 3(b) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(b)).
(2) Indian, indian tribe, and tribal organization.--The
terms ``Indian'', ``Indian tribe'', and ``tribal
organization'' have the same meanings given such terms in
subsections (d), (e) and (l), respectively, of section 4 of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 1201(a) of the
[[Page S 14812]]
Higher Education Act of 1965 (20 U.S.C. 1141(a)).
(4) Native hawaiian and native hawaiian organization.--The
terms ``Native Hawaiian'' and ``Native Hawaiian
organization'' have the same meanings given such terms in
paragraphs (1) and (3), respectively, of section 9212 of the
Native Hawaiian Education Act (20 U.S.C. 7912).
(5) Tribally controlled community college.--The term
``tribally controlled community college'' has the same
meaning given such term in section 2(a)(4) of the Tribally
Controlled Community College Assistance Act of 1978 (25
U.S.C. 1801(a)(4)).
(6) Tribally controlled postsecondary vocational
institution.--The term ``tribally controlled postsecondary
vocational institution'' means an institution of higher
education that--
(A) is formally controlled, or has been formally sanctioned
or chartered, by the governing body of an Indian tribe or
Indian tribes;
(B) offers a technical degree or certificate granting
program;
(C) is governed by a board of directors or trustees, a
majority of whom are Indians;
(D) demonstrates adherence to stated goals, a philosophy,
or a plan of operation, that fosters individual Indian
economic and self-sufficiency opportunity, including programs
that are appropriate to stated tribal goals of developing
individual entrepreneurships and self-sustaining economic
infrastructures on reservations;
(E) has been in operation for at least 3 years;
(F) holds accreditation with or is a candidate for
accreditation by a nationally recognized accrediting
authority for postsecondary vocational education; and
(G) enrolls the full-time equivalent of not fewer than 100
students, of whom a majority are Indians.
(c) Program Authorized.--
(1) Assistance authorized.--From amounts made available
under section 134(b)(2), the Governing Board shall make
grants to, or enter into contracts or cooperative agreements
with, Indian tribes and tribal organizations, Alaska Native
entities, tribally controlled community colleges, tribally
controlled postsecondary vocational institutions, Indian-
controlled organizations serving Indians or Alaska Natives,
and Native Hawaiian organizations to carry out the authorized
activities described in subsection (d).
(2) Formula.--The Governing Board shall make grants to, or
enter into contracts and cooperative agreements with,
entities as described in paragraph (1) to carry out the
activities described in paragraphs (2) and (3) of subsection
(d) on the basis of a formula developed by the Governing
Board in consultation with entities described in paragraph
(1).
(d) Authorized Activities.--
(1) In general.--Funds made available under this section
shall be used to carry out the activities described in
paragraphs (2) and (3) that--
(A) are consistent with this section; and
(B) are necessary to meet the needs of Indians and Native
Hawaiians preparing to enter, reenter, or retain unsubsidized
employment.
(2) Workforce development activities and supplemental
services.--
(A) In general.--Funds made available under this section
shall be used for--
(i) comprehensive workforce development activities for
Indians and Native Hawaiians;
(ii) supplemental services for Indian or Native Hawaiian
youth on or near Indian reservations in Oklahoma, Alaska, or
Hawaii; and
(iii) supplemental services to recipients of public
assistance on or near Indian reservations or former
reservation areas in Oklahoma or in Alaska.
(B) Special rule.--Notwithstanding any other provision of
this section, individuals who were eligible to participate in
programs under section 401 of the Job Training Partnership
Act (29 U.S.C. 1671) (as such section was in effect on the
day before the date of enactment of this Act) shall be
eligible to participate in an activity assisted under
subparagraph (A)(i).
(3) Vocational education, adult education, and literacy
services.--Funds made available under this section shall be
used for--
(A) workforce education activities conducted by entities
described in subsection (c)(1); and
(B) the support of tribally controlled postsecondary
vocational institutions in order to ensure continuing and
expanded educational opportunities for Indian students.
(e) Program Plan.--In order to receive a grant or enter
into a contract or cooperative agreement under this section
an entity described in subsection (c)(1) shall submit to the
Governing Board a plan that describes a 3-year strategy for
meeting the needs of Indian and Native Hawaiian individuals,
as appropriate, in the area served by such entity. Such plan
shall--
(1) be consistent with the purposes of this section;
(2) identify the population to be served;
(3) identify the education and employment needs of the
population to be served and the manner in which the services
to be provided will strengthen the ability of the individuals
served to obtain or retain unsubsidized employment;
(4) describe the services to be provided and the manner in
which such services are to be integrated with other
appropriate services; and
(5) describe the goals and benchmarks to be used to assess
the performance of entities in carrying out the activities
assisted under this section.
(f) Further Consolidation of Funds.--Each entity receiving
assistance under this section may consolidate such assistance
with assistance received from related programs in accordance
with the provisions of the Indian Employment, Training and
Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et
seq.).
(g) Nonduplicative and Nonexclusive Services.--Nothing in
this section shall be construed--
(1) to limit the eligibility of any entity described in
subsection (c)(1) to participate in any program offered by a
State or local entity under this Act; or
(2) to preclude or discourage any agreement, between any
entity described in subsection (c)(1) and any State or local
entity, to facilitate the provision of services by such
entity or to the population served by such entity.
(h) Partnership Provisions.--
(1) Office established.--The Governing Board shall
establish an office within the Federal Partnership to
administer the activities assisted under this section.
(2) Consultation required.--
(A) In general.--The Governing Board, through the office
established under paragraph (1), shall develop regulations
and policies for activities assisted under this section in
consultation with tribal organizations and Native Hawaiian
organizations. Such regulations and policies shall take into
account the special circumstances under which such activities
operate.
(B) Administrative support.--The Governing Board shall
provide such administrative support to the office established
under paragraph (1) as the Governing Board determines to be
necessary to carry out the consultation required by
subparagraph (A).
(3) Technical assistance.--The Governing Board, through the
office established under paragraph (1), is authorized to
provide technical assistance to entities described in
subsection (c)(1) that receive assistance under this section
to enable such entities to improve the workforce development
activities provided by such entities.
SEC. 122. GRANTS TO OUTLYING AREAS.
(a) General Authority.--Using funds made available under
section 134(b)(3), the Governing Board shall make grants to
outlying areas to carry out workforce development activities.
(b) Application.--The Governing Board shall issue
regulations specifying the provisions of this Act that shall
apply to outlying areas that receive funds under this title.
Subtitle D--General Provisions
SEC. 131. ACCOUNTABILITY.
(a) Report.--Each State that receives an allotment under
section 102 shall annually prepare and submit to the
Governing Board a report that states how the State is
performing on State benchmarks specified in this section,
which relate to workforce development activities carried out
through the statewide system of the State. In preparing the
report, the State may include information on such additional
benchmarks as the State may establish to meet the State
goals.
(b) Goals.--
(1) Meaningful employment.--Each statewide system supported
by an allotment under section 102 shall be designed to meet
the goal of assisting participants in obtaining meaningful
unsubsidized employment opportunities in the State.
(2) Education.--Each statewide system supported by an
allotment under section 102 shall be designed to meet the
goal of enhancing and developing more fully the academic,
occupational, and literacy skills of all segments of the
population of the State.
(c) Benchmarks.--
(1) Meaningful employment.--To be eligible to receive an
allotment under section 102, a State shall develop, in
accordance with paragraph (5), and identify in the State plan
of the State, proposed quantifiable benchmarks to measure the
statewide progress of the State toward meeting the goal
described in subsection (b)(1), which shall include, at a
minimum, measures of--
(A) placement in unsubsidized employment of participants;
(B) retention of the participants in such employment (12
months after completion of the participation); and
(C) increased earnings for the participants.
(2) Education.--To be eligible to receive an allotment
under section 102, a State shall develop, in accordance with
paragraph (5), and identify in the State plan of the State,
proposed quantifiable benchmarks to measure the statewide
progress of the State toward meeting the goal described in
subsection (b)(2), which shall include, at a minimum,
measures of--
(A) student mastery of academic knowledge and work
readiness skills;
(B) student mastery of occupational and industry-recognized
skills according to skill proficiencies for students in
career preparation programs;
(C) placement in, retention in, and completion of secondary
education (as determined under State law) and postsecondary
education, and placement and retention in employment and in
military service; and
(D) mastery of the literacy, knowledge, and skills adults
need to be productive and responsible citizens and to become
more actively involved in the education of their children.
(3) Populations.--To be eligible to receive an allotment
under section 102, a State shall develop, in accordance with
paragraph (5), and identify in the State plan of the State,
proposed quantifiable benchmarks to measure progress toward
meeting the goals described in subsection (b) for populations
including, at a minimum--
(A) welfare recipients;
(B) individuals with disabilities;
(C) older workers;
(D) at-risk youth; and
(E) dislocated workers.
(4) Special rule.--If a State has developed performance
indicators, attainment levels, or assessments for skills
according to challenging academic, occupational, or industry-
recognized skill proficiencies, the State shall use such
performance indicators, attainment levels, or assessments in
measuring the progress of all students in attaining the
skills.
[[Page S 14813]]
(5) Negotiations.--
(A) Initial determination.--On receipt of a State plan
submitted under section 104, the Governing Board shall, not
later than 30 days after the date of the receipt, determine--
(i) how the proposed State benchmarks identified by the
State in the State plan compare to the model benchmarks
established by the Governing Board under section
301(b)(4)(B)(ii);
(ii) how the proposed State benchmarks compare with State
benchmarks proposed by other States in their State plans;
(iii) whether the proposed State benchmarks, taken as a
whole, are sufficient--
(I) to enable the State to meet the State goals; and
(II) to make the State eligible for an incentive grant
under section 132(a).
(B) Notification.--The Governing Board shall immediately
notify the State of the determinations referred to in
subparagraph (A). If the Governing Board determines that the
proposed State benchmarks are not sufficient to make the
State eligible for an incentive grant under section 132(a),
the Governing Board shall provide the State with guidance on
the steps the State may take to allow the State to become
eligible for the grant.
(C) Revision.--Not later than 30 days after the date of
receipt of the notification referred to in subparagraph (B),
the State may revise some or all of the State benchmarks
identified in the State plan in order to become eligible for
the incentive grant or provide reasons why the State
benchmarks should be sufficient to make the State eligible
for the incentive grant.
(D) Final determination.--After reviewing any revised State
benchmarks or information submitted by the State in
accordance with subparagraph (C), the Governing Board shall
issue a final determination on the eligibility of the State
for the incentive grant.
(6) Incentive grants.--Each State that sets high benchmarks
under paragraph (1), (2), or (3) and reaches or exceeds the
benchmarks, as determined by the Governing Board, shall be
eligible to receive an incentive grant under section 132(a).
(7) Sanctions.--A State that has failed to demonstrate
sufficient progress toward reaching the State benchmarks
established under this subsection for the 3 years covered by
a State plan described in section 104, as determined by the
Governing Board, may be subject to sanctions under section
132(b).
(d) Job Placement Accountability System.--
(1) In general.--Each State that receives an allotment
under section 102 shall establish a job placement
accountability system, which will provide a uniform set of
data to track the progress of the State toward reaching the
State benchmarks.
(2) Data.--
(A) In general.--In order to maintain data relating to the
measures described in subsection (c)(1), each such State
shall establish a job placement accountability system using
quarterly wage records available through the unemployment
insurance system. The State agency or entity within the State
responsible for labor market information, as designated in
section 303(c)(1)(B), in conjunction with the Commissioner of
Labor Statistics, shall maintain the job placement
accountability system and match information on participants
served by the statewide systems of the State and other States
with quarterly employment and earnings records.
(B) Reimbursement.--Each local entity that carries out
workforce employment activities or workforce education
activities and that receives funds under this title shall
provide information regarding the social security numbers of
the participants served by the entity and such other
information as the State may require to the State agency or
entity within the State responsible for labor market
information, as designated in section 303(c)(1)(B).
(C) Confidentiality.--The State agency or entity within the
State responsible for labor market information, as designated
in section 303(c)(1)(B), shall protect the confidentiality of
information obtained through the job placement accountability
system through the use of recognized security procedures.
SEC. 132. INCENTIVES AND SANCTIONS.
(a) Incentives.--
(1) In general.--The Governing Board may award incentive
grants of not more than $15,000,000 per program year to a
State that--
(A) reaches or exceeds State benchmarks established under
section 131(c), with an emphasis on the benchmarks
established under section 131(c)(3), in accordance with
section 131(c)(6); or
(B) demonstrates to the Governing Board that the State has
made substantial reductions in the number of adult recipients
of aid to families with dependent children, as defined in
section 102(b)(1)(A), resulting from increased placement of
such adult recipients in unsubsidized employment.
(2) Use of funds.--A State that receives such a grant may
use the funds made available through the grant to carry out
any workforce development activities authorized under this
Act.
(b) Sanctions.--
(1) Failure to demonstrate sufficient progress.--If the
Governing Board determines, after notice and an opportunity
for a hearing, that a State has failed to demonstrate
sufficient progress toward reaching the State benchmarks
established under section 131(c) for the 3 years covered by a
State plan described in section 104, the Governing Board may
reduce the allotment of the State under section 102 by not
more than 10 percent per program year for not more than 3
years. The Governing Board may determine that the failure of
the State to demonstrate such progress is attributable to the
workforce employment activities, workforce education
activities, or flexible workforce activities, of the State,
and reduce only the portion of the allotment for such
activities.
(2) Expenditure contrary to act.--If the Governor of a
State determines that a local entity that carries out
workforce employment activities in a substate area of the
State has expended funds made available under this Act in a
manner contrary to the purposes of this Act, and such
expenditures do not constitute fraudulent activity, the
Governor may deduct an amount equal to the funds from a
subsequent program year allocation to the substate area.
(c) Funds Resulting From Reduced Allotments.--The Governing
Board may use an amount retained as a result of a reduction
in an allotment made under subsection (b)(1) to award an
incentive grant under subsection (a).
SEC. 133. UNEMPLOYMENT TRUST FUND.
(a) In General.--Section 901(c) of the Social Security Act
(42 U.S.C. 1101(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking clause (ii) and
inserting the following:
``(ii) the establishment and maintenance of statewide
workforce development systems, to the extent the systems are
used to carry out activities described in section 303, or in
any of clauses (ii) through (v) of section 106(a)(2)(B), of
the Workforce Development Act of 1995, and''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking
``Department of Labor'' and inserting ``Department of Labor
or the Workforce Development Partnership, as appropriate,'';
and
(ii) by striking clause (iii) and inserting the following:
``(iii) the Workforce Development Act of 1995,''; and
(2) in the first sentence of paragraph (4), by striking
``the total cost'' and all that follows through ``the
President determines'' and inserting ``the total cost of
administering the statewide workforce development systems, to
the extent the systems are used to carry out activities
described in section 303, or in any of clauses (ii) through
(v) of section 106(a)(2)(B), of the Workforce Development Act
of 1995, and of the necessary expenses of the Workforce
Development Partnership for the performance of the functions
of the partnership under such Act, as the President
determines''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect July 1, 1998.
SEC. 134. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this Act (other than subtitle C of title II)
$7,000,000,000 for each of fiscal years 1998 through 2001.
(b) Reservations.--Of the amount appropriated under
subsection (a)--
(1) 92.7 percent shall be reserved for making allotments
under section 102;
(2) 1.25 percent shall be reserved for carrying out section
121;
(3) 0.2 percent shall be reserved for carrying out section
122;
(4) 4.3 percent shall be reserved for making incentive
grants under section 132(a) and for the administration of
this Act;
(5) 0.15 percent shall be reserved for carrying out
sections 302 and 304; and
(6) 1.4 percent shall be reserved for carrying out section
303.
(c) Program Year.--
(1) In general.--Appropriations for any fiscal year for
programs and activities under this Act shall be available for
obligation only on the basis of a program year. The program
year shall begin on July 1 in the fiscal year for which the
appropriation is made.
(2) Administration.--Funds obligated for any program year
may be expended by each recipient during the program year and
the 2 succeeding program years and no amount shall be
deobligated on account of a rate of expenditure that is
consistent with the provisions of the State plan specified in
section 104 that relate to workforce employment activities.
SEC. 135. EFFECTIVE DATE.
This title shall take effect July 1, 1998.
TITLE II--TRANSITION PROVISIONS
Subtitle A--Transition Provisions Relating to Use of Federal Funds for
State and Local Activities
SEC. 201. WAIVERS.
(a) Waiver Authority.--
(1) In general.--Notwithstanding any other provision of
Federal law, and except as provided in subsection (d), the
Secretary may waive any requirement under any provision of
law relating to a covered activity, or of any regulation
issued under such a provision, for--
(A) a State that requests such a waiver and submits an
application as described in subsection (b); or
(B) a local entity that requests such a waiver and complies
with the requirements of subsection (c);
in order to assist the State or local entity in planning or
developing a statewide system or workforce development
activities to be carried out through the statewide system.
(2) Term.--
(A) In general.--Except as provided in subparagraph (B),
each waiver approved pursuant to this section shall be for a
period beginning on the date of the approval and ending on
June 30, 1998.
(B) Failure to submit interim plan.--If a State receives a
waiver under this section and fails to submit an interim plan
under section 211 by June 30, 1997, the waiver shall be
deemed to terminate on September 30, 1997. If a local entity
receives a waiver under this section, and the State in which
the local entity is located fails to submit an interim plan
under section 211 by June 30, 1997, the waiver shall be
deemed to terminate on September 30, 1997.
(b) State Request for Waiver.--
[[Page S 14814]]
(1) In general.--A State may submit to the Secretary a
request for a waiver of 1 or more requirements referred to in
subsection (a). The request may include a request for
different waivers with respect to different areas within the
State.
(2) Application.--To be eligible to receive a waiver
described in subsection (a), a State shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require,
including information--
(A) identifying the requirement to be waived and the goal
that the State (or the local agency applying to the State
under subsection (c)) intends to achieve through the waiver;
(B) identifying, and describing the actions that the State
will take to remove, similar State requirements;
(C) describing the activities to which the waiver will
apply, including information on how the activities may be
continued, or related to activities carried out, under the
statewide system of the State;
(D) describing the number and type of persons to be
affected by such waiver; and
(E) providing evidence of support for the waiver request by
the State agencies or officials with jurisdiction over the
requirement to be waived.
(c) Local Entity Request for Waiver.--
(1) In general.--A local entity that seeks a waiver of such
a requirement shall submit to the State a request for the
waiver and an application containing sufficient information
to enable the State to comply with the requirements of
subsection (b)(2). The State shall determine whether to
submit a request and an application for a waiver to the
Secretary, as provided in subsection (b).
(2) Time limit.--
(A) In general.--The State shall make a determination
concerning whether to submit the request and application for
a waiver as described in paragraph (1) not later than 30 days
after the date on which the State receives the application
from the local entity.
(B) Direct submission.--
(i) In general.--If the State does not make a determination
to submit or does not submit the request and application
within the 30-day time period specified in subparagraph (A),
the local entity may submit the request and application to
the Secretary.
(ii) Requirements.--In submitting such a request, the local
entity shall obtain the agreement of the State involved to
comply with the requirements of this section that would
otherwise apply to a State submitting a request for a waiver.
In reviewing an application submitted by a local entity, the
Secretary shall comply with the requirements of this section
that would otherwise apply to the Secretary with respect to
review of such an application submitted by a State.
(d) Waivers Not Authorized.--The Secretary may not waive
any requirement of any provision referred to in subsection
(a), or of any regulation issued under such provision,
relating to--
(1) the allocation of funds to States, local entities, or
individuals;
(2) public health or safety, civil rights, occupational
safety and health, environmental protection, displacement of
employees, or fraud and abuse;
(3) the eligibility of an individual for participation in a
covered activity, except in a case in which the State or
local entity can demonstrate that the individuals who would
have been eligible to participate in such activity without
the waiver will participate in a similar covered activity; or
(4) a required supplementation of funds by the State or a
prohibition against the State supplanting such funds.
(e) Activities.--Subject to subsection (d), the Secretary
may approve a request for a waiver described in subsection
(a) that would enable a State or local entity to--
(1) use the assistance that would otherwise have been used
to carry out 2 or more covered activities (if the State or
local entity were not using the assistance as described in
this section)--
(A) to address the high priority needs of unemployed
persons and at-risk youth in the appropriate State or
community for workforce employment activities or workforce
education activities;
(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 1 of the covered activities and
increasing the funding to the remaining covered activity; and
(2) use the assistance that would otherwise have been used
for administrative expenses relating to a covered activity
(if the State or local entity were not using the assistance
as described in this section) to pay for the cost of
developing an interim State plan described in section 211 or
a State plan described in section 104.
(f) Approval or Disapproval.--The Secretary shall approve
or disapprove any request submitted pursuant to subsection
(b) or (c), not later than 45 days after the date of the
submission and shall issue a decision that shall include the
reasons for approving or disapproving the request.
(g) Failure To Act.--If the Secretary fails to approve or
disapprove the request within the 45-day period described in
subsection (f), the request shall be deemed to be approved on
the day after such period ends. If the Secretary subsequently
determines that the waiver relates to a matter described in
subsection (d) and issues a decision that includes the
reasons for the determination, the waiver shall be deemed to
terminate on the date of issuance of the decision.
(h) Definition.--As used in this section:
(1) Local entity.--The term ``local entity'' means--
(A) a local educational agency, with respect to any act by
a local agency or organization relating to a covered activity
that is a workforce education activity; and
(B) the local public or private agency or organization
responsible for carrying out the covered activity at issue,
with respect to any act by a local agency or organization
relating to any other covered activity.
(2) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Labor, with respect to any act
relating to a covered activity carried out by the Secretary
of Labor;
(B) the Secretary of Education, with respect to any act
relating to a covered activity carried out by the Secretary
of Education; and
(C) the Secretary of Health and Human Services, with
respect to any act relating to a covered activity carried out
by the Secretary of Health and Human Services.
(3) State.--The term ``State'' means--
(A) a State educational agency, with respect to any act by
a State entity relating to a covered activity that is a
workforce education activity; and
(B) the Governor, with respect to any act by a State entity
relating to any other covered activity.
(i) Conforming Amendments.--
(1) Section 501 of the School-to-Work Opportunities Act of
1994 (20 U.S.C. 6211) is amended--
(A) in subsection (a), by striking ``sections 502 and 503''
and inserting ``section 502'';
(B) in subsection (b)(2)(B)(ii)--
(i) by striking ``section 502(a)(1)(C) or 503(a)(1)(C), as
appropriate,'' and inserting ``section 502(a)(1)(C)''; and
(ii) by striking ``section 502 or 503, as appropriate,''
and inserting ``section 502'';
(C) in subsection (c), by striking ``section 502 or 503''
and inserting ``section 502''; and
(D) by striking ``Secretaries'' each place the term appears
and inserting ``Secretary of Education''.
(2) Section 502(b) of such Act (20 U.S.C. 6212(b)) is
amended--
(A) in paragraph (4), by striking the semicolon and
inserting ``; and'';
(B) in paragraph (5), by striking ``; and'' and inserting a
period; and
(C) by striking paragraph (6).
(3) Section 503 of such Act (20 U.S.C. 6213) is repealed.
(4) Section 504 of such Act (20 U.S.C. 6214) is amended--
(A) in subsection (a)(2)(B), by striking clauses (i) and
(ii) and inserting the following clauses:
``(i) the provisions of law listed in paragraphs (2)
through (5) of section 502(b);
``(ii) the Job Training Partnership Act (29 U.S.C. 1501 et
seq.); and
``(iii) the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.).''; and
(B) in subsection (b), by striking ``paragraphs (1) through
(3), and paragraphs (5) and (6), of section 503(b)'' and
inserting ``paragraphs (2) through (4) and paragraphs (6) and
(7) of section 505(b)''.
(5) Section 505(b) of such Act (20 U.S.C. 6215(b)) is
amended to read as follows:
``(b) Use of Funds.--A State may use, under the
requirements of this Act, Federal funds that are made
available to the State and combined under subsection (a) to
carry out school-to-work activities, except that the
provisions relating to--
``(1) the matters specified in section 502(c);
``(2) basic purposes or goals;
``(3) maintenance of effort;
``(4) distribution of funds;
``(5) eligibility of an individual for participation;
``(6) public health or safety, labor standards, civil
rights, occupational safety and health, or environmental
protection; or
``(7) prohibitions or restrictions relating to the
construction of buildings or facilities;
that relate to the program through which the funds described
in subsection (a)(2)(B) were made available, shall remain in
effect with respect to the use of such funds.''.
Subtitle B--Transition Provisions Relating to Applications and Plans
SEC. 211. INTERIM STATE PLANS.
(a) In General.--For a State or local entity in a State to
use a waiver received under section 201 through June 30,
1998, and for a State to be eligible to submit a State plan
described in section 104 for program year 1998, the Governor
of the State shall submit an interim State plan to the
Governing Board. The Governor shall submit the plan not later
than June 30, 1997.
(b) Requirements.--The interim State plan shall comply with
the requirements applicable to State plans described in
section 104.
(c) Program Year.--In submitting the interim State plan,
the Governor shall indicate whether the plan is submitted--
(1) for review and approval for program year 1997; or
(2) solely for review.
(d) Review.--In reviewing an interim State plan, the
Governing Board may--
(1) in the case of a plan submitted for review and approval
for program year 1997--
(A) approve the plan and permit the State to use a waiver
as described in section 201 to carry out the plan; or
(B) disapprove the plan, and provide to the State reasons
for the disapproval and technical assistance for developing
an approvable plan to be submitted under section 104 for
program year 1998; and
(2) in the case of a plan submitted solely for review,
review the plan and provide to the State
[[Page S 14815]]
technical assistance for developing an approvable plan to be submitted
under section 104 for program year 1998.
(e) Effect of Disapproval.--Disapproval of an interim plan
shall not affect the ability of a State to use a waiver as
described in section 201 through June 30, 1998.
SEC. 212. APPLICATIONS AND PLANS UNDER COVERED ACTS.
Notwithstanding any other provision of law, no State or
local entity shall be required to comply with any provision
of a covered Act that would otherwise require the entity to
submit an application or a plan to a Federal agency during
fiscal year 1996 or 1997 for funding of a covered activity.
In determining whether to provide funding to the State or
local entity for the covered activity, the Secretary of
Education, the Secretary of Labor, or the Secretary of Health
and Human Services, as appropriate, shall consider the last
application or plan, as appropriate, submitted by the entity
for funding of the covered activity.
Subtitle C--Job Corps and Other Workforce Preparation Activities for
At-Risk Youth
CHAPTER 1--GENERAL JOB CORPS PROVISIONS
SEC. 221. PURPOSES.
The purposes of this subtitle are--
(1) to maintain a Job Corps for at-risk youth as part of
statewide systems;
(2) to set forth standards and procedures for selecting
individuals as enrollees in the Job Corps;
(3) to authorize the establishment of residential and
nonresidential Job Corps centers in which enrollees will
participate in intensive programs of workforce development
activities;
(4) to prescribe various other powers, duties, and
responsibilities incident to the operation and continuing
development of the Job Corps; and
(5) to assist at-risk youth who need and can benefit from
an unusually intensive program, operated in a group setting,
to become more responsible, employable, and productive
citizens.
SEC. 222. DEFINITIONS.
As used in this subtitle:
(1) Enrollee.--The term ``enrollee'' means an individual
enrolled in the Job Corps.
(2) Governor.--The term ``Governor'' means the chief
executive officer of a State.
(3) Job corps.--The term ``Job Corps'' means the corps
described in section 223.
(4) Job corps center.--The term ``Job Corps center'' means
a center described in section 223.
SEC. 223. GENERAL AUTHORITY.
If a State receives an allotment under section 241, and a
center located in the State received assistance under part B
of title IV of the Job Training Partnership Act for fiscal
year 1996 and was not closed in accordance with section 235,
the State shall use a portion of the funds made available
through the allotment to maintain the center, and carry out
activities described in this subtitle for individuals
enrolled in a Job Corps and assigned to the center.
SEC. 224. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
To be eligible to become an enrollee, an individual shall
be an at-risk youth.
SEC. 225. SCREENING AND SELECTION OF APPLICANTS.
(a) Standards and Procedures.--
(1) In general.--The State shall prescribe specific
standards and procedures for the screening and selection of
applicants for the Job Corps.
(2) Implementation.--To the extent practicable, the
standards and procedures shall be implemented through
arrangements with--
(A) one-stop career centers;
(B) agencies and organizations such as community action
agencies, professional groups, and labor organizations; and
(C) agencies and individuals that have contact with youth
over substantial periods of time and are able to offer
reliable information about the needs and problems of the
youth.
(3) Consultation.--The standards and procedures shall
provide for necessary consultation with individuals and
organizations, including court, probation, parole, law
enforcement, education, welfare, and medical authorities and
advisers.
(b) Special Limitations.--No individual shall be selected
as an enrollee unless the individual or organization
implementing the standards and procedures determines that--
(1) there is a reasonable expectation that the individual
can participate successfully in group situations and
activities, is not likely to engage in behavior that would
prevent other enrollees from receiving the benefit of the
program or be incompatible with the maintenance of sound
discipline and satisfactory relationships between the Job
Corps center to which the individual might be assigned and
surrounding communities; and
(2) the individual manifests a basic understanding of both
the rules to which the individual will be subject and of the
consequences of failure to observe the rules.
SEC. 226. ENROLLMENT AND ASSIGNMENT.
(a) Relationship Between Enrollment and Military
Obligations.--Enrollment in the Job Corps shall not relieve
any individual of obligations under the Military Selective
Service Act (50 U.S.C. App. 451 et seq.).
(b) Assignment.--
(1) In general.--Except as provided in paragraph (2), the
State shall assign an enrollee to the Job Corps center within
the State that is closest to the residence of the enrollee.
(2) Agreements with other states.--The State may enter into
agreements with 1 or more States to enroll individuals from
the States in the Job Corps and assign the enrollees to Job
Corps centers in the State.
SEC. 227. JOB CORPS CENTERS.
(a) Development.--The State shall enter into an agreement
with a Federal, State, or local agency, which may be a State
board or agency that operates or wishes to develop an area
vocational education school facility or residential
vocational school, or with a private organization, for the
establishment and operation of a Job Corps center.
(b) Character and Activities.--Job Corps centers may be
residential or nonresidential in character, and shall be
designed and operated so as to provide enrollees, in a well-
supervised setting, with access to activities described in
section 228.
(c) Civilian Conservation Centers.--The Job Corps centers
may include Civilian Conservation Centers, located primarily
in rural areas, which shall provide, in addition to other
training and assistance, programs of work experience to
conserve, develop, or manage public natural resources or
public recreational areas or to develop community projects in
the public interest.
(d) Job Corps Operators.--To be eligible to receive funds
under this chapter, an entity who entered into a contract
with the Secretary of Labor that is in effect on the
effective date of this section to carry out activities
through a center under part B of title IV of the Job Training
Partnership Act (as in effect on the day before the effective
date of this section), shall enter into a contract with the
State in which the center is located that contains provisions
substantially similar to the provisions of the contract with
the Secretary of Labor, as determined by the State.
SEC. 228. PROGRAM ACTIVITIES.
(a) Activities Provided Through Job Corps Centers.--Each
Job Corps center shall provide enrollees assigned to the
center with access to activities described in section
106(a)(2)(B), and such other workforce development activities
as may be appropriate to meet the needs of the enrollees,
including providing work-based learning throughout the
enrollment of the enrollees and assisting the enrollees in
obtaining meaningful unsubsidized employment on completion
of their enrollment.
(b) Arrangements.--The State shall arrange for enrollees
assigned to Job Corps centers in the State to receive
workforce development activities through the statewide
system, including workforce development activities provided
through local public or private educational agencies,
vocational educational institutions, or technical institutes.
(c) Job Placement Accountability.--Each Job Corps center
located in a State shall be connected to the job placement
accountability system of the State described in section
131(d).
SEC. 229. SUPPORT.
The State shall provide enrollees assigned to Job Corps
centers in the State with such personal allowances as the
State may determine to be necessary or appropriate to meet
the needs of the enrollees.
SEC. 230. OPERATING PLAN.
To be eligible to operate a Job Corps center and receive
assistance under section 241 for program year 1998 or any
subsequent program year, an entity shall prepare and submit,
to the Governor of the State in which the center is located,
and obtain the approval of the Governor for, an operating
plan that shall include, at a minimum, information
indicating--
(1) in quantifiable terms, the extent to which the center
will contribute to the achievement of the proposed State
goals and State benchmarks identified in the State plan for
the State submitted under section 104;
(2) the extent to which workforce employment activities and
workforce education activities delivered through the Job
Corps center are directly linked to the workforce development
needs of the industry sectors most important to the economic
competitiveness of the State; and
(3) an implementation strategy to ensure that all enrollees
assigned to the Job Corps center will have access to services
through the one-stop delivery of core services described in
section 106(a)(2) by the State.
SEC. 231. STANDARDS OF CONDUCT.
(a) Provision and Enforcement.--The State shall provide,
and directors of Job Corps center shall stringently enforce,
standards of conduct within the centers. Such standards of
conduct shall include provisions forbidding violence, drug
abuse, and other criminal activity.
(b) Disciplinary Measures.--To promote the proper moral and
disciplinary conditions in the Job Corps, the directors of
Job Corps centers shall take appropriate disciplinary
measures against enrollees. If such a director determines
that an enrollee has committed a violation of the standards
of conduct, the director shall dismiss the enrollee from the
Corps if the director determines that the retention of the
enrollee in the Corps will jeopardize the enforcement of such
standards or diminish the opportunities of other enrollees.
If the director determines that an enrollee has engaged in an
incident involving violence, drug abuse, or other criminal
activity, the director shall immediately dismiss the enrollee
from the Corps.
(c) Appeal.--A disciplinary measure taken by a director
under this section shall be subject to expeditious appeal in
accordance with procedures established by the State.
SEC. 232. COMMUNITY PARTICIPATION.
The State shall encourage and cooperate in activities to
establish a mutually beneficial relationship between Job
Corps centers in the State and nearby communities. The
activities may include the use of any local workforce
development boards established in the State under section
118(b) to provide a mechanism for joint discussion of common
problems and for planning programs of mutual interest.
SEC. 233. COUNSELING AND PLACEMENT.
The State shall ensure that enrollees assigned to Job Corps
centers in the State receive counseling and job placement
services, which shall be
[[Page S 14816]]
provided, to the maximum extent practicable, through the delivery of
core services described in section 106(a)(2).
SEC. 234. LEASES AND SALES OF CENTERS.
(a) Leases.--
(1) In general.--The Secretary of Labor shall offer to
enter into a lease with each State that has an approved State
plan submitted under section 104 and in which 1 or more Job
Corps centers are located.
(2) Nominal consideration.--Under the terms of the lease,
the Secretary of Labor shall lease the Job Corps centers in
the State to the State in return for nominal consideration.
(3) Indemnity agreement.--To be eligible to lease such a
center, a State shall enter into an agreement to hold
harmless and indemnify the United States from any liability
or claim for damages or injury to any person or property
arising out of the lease.
(b) Sales.--Notwithstanding the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.),
the Secretary of Labor shall offer each State described in
subsection (a)(1) the opportunity to purchase the Job Corps
centers in the State in return for nominal consideration.
SEC. 235. CLOSURE OF JOB CORPS CENTERS.
(a) National Job Corps Audit.--Not later than March 31,
1997, the Governing Board shall conduct an audit of the
activities carried out under part B of title IV of the Job
Training Partnership Act (29 U.S.C. 1691 et seq.), and submit
to the appropriate committees of Congress a report containing
the results of the audit, including information indicating--
(1) the amount of funds expended for fiscal year 1996 to
carry out activities under such part, for each State and for
the United States;
(2) for each Job Corps center funded under such part
(referred to in this subtitle as a ``Job Corps center''), the
amount of funds expended for fiscal year 1996 under such part
to carry out activities related to the direct operation of
the center, including funds expended for student training,
outreach or intake activities, meals and lodging, student
allowances, medical care, placement or settlement activities,
and administration;
(3) for each Job Corps center, the amount of funds expended
for fiscal year 1996 under such part through contracts to
carry out activities not related to the direct operation of
the center, including funds expended for student travel,
national outreach, screening, and placement services,
national vocational training, and national and regional
administrative costs;
(4) for each Job Corps center, the amount of funds expended
for fiscal year 1996 under such part for facility
construction, rehabilitation, and acquisition expenses; and
(5) the amount of funds required to be expended under such
part to complete each new or proposed Job Corps center, and
to rehabilitate and repair each existing Job Corps center, as
of the date of the submission of the report.
(b) Recommendations of Governing Board.--
(1) Recommendations.--The Governing Board shall, based on
the results of the audit described in subsection (a), make
recommendations to the Secretary of Labor, including
identifying 25 Job Corps centers to be closed by September
30, 1997.
(2) Considerations.--
(A) In general.--In determining whether to recommend that
the Secretary of Labor close a Job Corps center, the
Governing Board shall consider whether the center--
(i) has consistently received low performance measurement
ratings under the Department of Labor or the Office of
Inspector General Job Corps rating system;
(ii) is among the centers that have experienced the highest
number of serious incidents of violence or criminal activity
in the past 5 years;
(iii) is among the centers that require the largest funding
for renovation or repair, as specified in the Department of
Labor Job Corps Construction/Rehabilitation Funding Needs
Survey, or for rehabilitation or repair, as reflected in the
portion of the audit described in subsection (a)(5);
(iv) is among the centers for which the highest relative or
absolute fiscal year 1996 expenditures were made, for any of
the categories of expenditures described in paragraph (2),
(3), or (4) of subsection (a), as reflected in the audit
described in subsection (a);
(v) is among the centers with the least State and local
support; or
(vi) is among the centers with the lowest rating on such
additional criteria as the Governing Board may determine to
be appropriate.
(B) Coverage of states and regions.--Notwithstanding
subparagraph (A), the Governing Board shall not recommend
that the Secretary of Labor close the only Job Corps center
in a State or a region of the United States.
(C) Allowance for new job corps centers.--Notwithstanding
any other provision of this section, if the planning or
construction of a Job Corps center that received Federal
funding for fiscal year 1994 or 1995 has not been completed
by the date of enactment of this Act--
(i) the appropriate entity may complete the planning or
construction and begin operation of the center; and
(ii) the Governing Board shall not evaluate the center
under this Act sooner than 3 years after the first date of
operation of the center.
(3) Report.--Not later than June 30, 1997, the Governing
Board shall submit a report to the Secretary of Labor, which
shall contain a detailed statement of the findings and
conclusions of the Governing Board resulting from the audit
described in subsection (a) together with the recommendations
described in paragraph (1).
(c) Closure.--The Secretary of Labor shall, after reviewing
the report submitted under subsection (b)(3), close 25 Job
Corps centers by September 30, 1997.
SEC. 236. INTERIM OPERATING PLANS FOR JOB CORPS CENTERS.
Part B of title IV of the Job Training Partnership Act (29
U.S.C. 1691 et seq.) is amended by inserting after section
439 the following section:
``SEC. 439A. OPERATING PLAN.
``(a) Submission of Plan.--To be eligible to operate a Job
Corps center and receive assistance under this part for
fiscal year 1997, an entity shall prepare and submit to the
Secretary and the Governor of the State in which the center
is located, and obtain the approval of the Secretary for, an
operating plan that shall include, at a minimum, information
indicating--
``(1) in quantifiable terms, the extent to which the center
will contribute to the achievement of the proposed State
goals and State benchmarks identified in the interim plan for
the State submitted under section 211 of the Workforce
Development Act of 1995;
``(2) the extent to which workforce employment activities
and workforce education activities delivered through the Job
Corps center are directly linked to the workforce development
needs of the industry sectors most important to the economic
competitiveness of the State; and
``(3) an implementation strategy to ensure that all
enrollees assigned to the Job Corps center will have access
to services through the one-stop delivery of core services
described in section 106(a)(2) by the State as identified in
the interim plan.
``(b) Submission of Comments.--Not later than 30 days after
receiving an operating plan described in subsection (a), the
Governor of the State in which the center is located may
submit comments on the plan to the Secretary.
``(c) Approval.--The Secretary shall not approve an
operating plan described in subsection (a) for a center if
the Secretary determines that the activities proposed to be
carried out through the center are not sufficiently
integrated with the activities carried out through the
statewide system of the State in which the center is
located.''.
SEC. 237. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
chapter shall take effect on July 1, 1998.
(b) Interim Provisions.--Sections 234 and 235, and the
amendment made by section 236, shall take effect on the date
of enactment of this Act.
CHAPTER 2--OTHER WORKFORCE PREPARATION ACTIVITIES FOR AT-RISK YOUTH
SEC. 241. WORKFORCE PREPARATION ACTIVITIES FOR AT-RISK YOUTH.
(a) In General.--For program year 1998 and each subsequent
program year, the Governing Board shall make allotments under
subsection (c) to States to assist the States in paying for
the cost of carrying out workforce preparation activities for
at-risk youth, as described in this section.
(b) State Use of Funds.--
(1) Core activities.--The State shall use a portion of the
funds made available to the State through an allotment
received under subsection (c) to establish and operate Job
Corps centers as described in chapter 1, if a center located
in the State received assistance under part B of title IV of
the Job Training Partnership Act for fiscal year 1996 and was
not closed in accordance with section 235.
(2) Permissible activities.--The State may use a portion of
the funds described in paragraph (1) to--
(A) make grants to eligible entities, as described in
subsection (e), to assist the entities in carrying out
innovative programs to assist out-of-school at-risk youth in
participating in school-to-work activities;
(B) make grants to eligible entities, as described in
subsection (e), to assist the entities in providing work-
based learning as a component of school-to-work activities,
including summer jobs linked to year-round school-to-work
programs; and
(C) carry out other workforce development activities
specifically for at-risk youth.
(c) Allotments.--
(1) In general.--The Governing Board shall allot to each
State an amount equal to the total of--
(A) the amount made available to the State under paragraph
(2); and
(B) the amounts made available to the State under
subparagraphs (C), (D), and (E) of paragraph (3).
(2) Allotments based on fiscal year 1996 appropriations.--
Using a portion of the funds appropriated under subsection
(g) for a fiscal year, the Governing Board shall make
available to each State the amount that Job Corps centers in
the State expended for fiscal year 1996 under part B of title
IV of the Job Training Partnership Act to carry out
activities related to the direct operation of the centers, as
determined under section 235(a)(2).
(3) Allotments based on populations.--
(A) Definitions.--As used in this paragraph:
(i) Individual in poverty.--The term ``individual in
poverty'' means an individual who--
(I) is not less than age 18;
(II) is not more than age 64; and
(III) is a member of a family (of 1 or more members) with
an income at or below the poverty line.
(ii) Poverty line.--The term ``poverty line'' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2)) applicable to a family of the size involved, using
the most recent available data provided by the Bureau of the
Census, prior to the program year for which the allotment is
made, and applying the definition of poverty used by the
Bureau of the Census in compiling the 1990 decennial census.
[[Page S 14817]]
(B) Total allotments.--The Governing Board shall use the
remainder of the funds that are appropriated under subsection
(g) for a fiscal year, and that are not made available under
paragraph (2), to make amounts available under this
paragraph.
(C) Unemployed individuals.--From funds equal to 33\1/3\
percent of such remainder, the Governing Board shall make
available to each State an amount that bears the same
relationship to such funds as the average number of
unemployed individuals (as determined by the Secretary of
Labor for the most recent 24-month period for which data are
available, prior to the program year for which the allotment
is made) in the State bears to the average number of
unemployed individuals (as so determined) in the United
States.
(D) Individuals in poverty.--From funds equal to 33\1/3\
percent of such remainder, the Governing Board shall make
available to each State an amount that bears the same
relationship to such funds as the total number of individuals
in poverty in the State bears to the total number of
individuals in poverty in the United States.
(E) At-risk youth.--From funds equal to 33\1/3\ percent of
such remainder, the Governing Board shall make available to
each State an amount that bears the same relationship to such
funds as the total number of at-risk youth in the State bears
to the total number of at-risk youth in the United States.
(d) State Plan.--
(1) Information.--To be eligible to receive an allotment
under subsection (c), a State shall include, in the State
plan to be submitted under section 104, information
describing the allocation within the State of the funds made
available through the allotment, and how the programs and
activities described in subsection (b)(2) will be carried out
to meet the State goals and reach the State benchmarks.
(2) Limitation.--The Governing Board may not require a
State to include the information described in paragraph (1)
in the State plan to be submitted under section 104 to be
eligible to receive an allotment under section 102.
(e) Application.--To be eligible to receive a grant under
subparagraph (A) or (B) of subsection (b)(2) from a State, an
entity shall prepare and submit to the Governor of the State
an application at such time, in such manner, and containing
such information as the Governor may require.
(f) Within State Distribution.--Of the funds allotted to a
State under subsection (c)(3) for workforce preparation
activities for at-risk youth for a program year--
(1) 15 percent shall be reserved by the Governor to carry
out such activities through the statewide system; and
(2) 85 percent shall be distributed to local entities to
carry out such activities through the statewide system.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this subtitle, $2,100,000,000
for each of fiscal years 1998 through 2001.
(h) Effective Date.--This chapter shall take effect on July
1, 1998.
Subtitle D--Interim Administration of School-to-Work Programs
SEC. 251. ADMINISTRATION OF SCHOOL-TO-WORK PROGRAMS.
(a) In General.--Any provision of the School-to-Work
Opportunities Act of 1994 (20 U.S.C. 6101 et seq.) that
grants authority to the Secretary of Labor or the Secretary
of Education shall be considered to grant the authority to
the Governing Board.
(b) Effective Date.--Subsection (a) shall take effect on
October 1, 1996.
Subtitle E--Amendments Relating to Certain Authorizations of
Appropriations
SEC. 261. OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT ACT.
Section 508(a)(1) of the Older American Community Service
Employment Act (42 U.S.C. 3056f(a)(1)) is amended by striking
``for fiscal years 1993, 1994, and 1995'' and inserting ``for
each of fiscal years 1993 through 1998''.
SEC. 262. CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY
EDUCATION ACT.
(a) In General.--Section 3(a) of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2302(a)) is amended by striking ``for each of the fiscal
years'' and all that follows through ``1995'' and inserting
``for each of fiscal years 1992 through 1998''.
(b) Research.--Section 404(d) of such Act (20 U.S.C.
2404(d)) is amended by striking ``for each of the fiscal
years'' and all that follows through ``1995'' and inserting
``for each of fiscal years 1992 through 1998''.
SEC. 263. ADULT EDUCATION ACT.
(a) In General.--Section 313(a) of the Adult Education Act
(20 U.S.C. 1201b(a)) is amended by striking ``for each of the
fiscal years'' and all that follows through ``1995'' and
inserting ``for each of fiscal years 1993 through 1998''.
(b) State Literacy Resource Centers.--Section 356(k) of
such Act (20 U.S.C. 1208aa(k)) is amended by striking ``for
each of the fiscal years 1994 and 1995'' and inserting ``for
each of fiscal years 1994 through 1998''.
(c) Business, Industry, Labor, and Education Partnerships
for Workplace Literacy.--Section 371(e)(1) of such Act (20
U.S.C. 1211(e)(1)) is amended by striking ``for each of the
fiscal years'' and all that follows through ``1995'' and
inserting ``for each of fiscal years 1993 through 1998''.
(d) National Institute for Literacy.--Section 384(n)(1) of
such Act (20 U.S.C. 1213c(n)(1)) is amended by striking ``for
each of the fiscal years'' and all that follows through
``1996'' and inserting ``for each of fiscal years 1992
through 1998''.
TITLE III--NATIONAL ACTIVITIES
SEC. 301. FEDERAL PARTNERSHIP.
(a) Establishment.--There is established a Workforce
Development Partnership that shall administer the activities
established under this Act. The Federal Partnership shall be
a Government corporation, as defined in section 103 of title
5, United States Code. The principal office of the Federal
Partnership shall be located in the District of Columbia.
(b) Governing Board.--
(1) Composition.--There shall be in the Federal Partnership
a Governing Board that shall be composed of 13 individuals,
including--
(A) 7 individuals who are representative of business and
industry in the United States, appointed by the President by
and with the advice and consent of the Senate;
(B) 2 individuals who are representative of labor and
workers in the United States, appointed by the President by
and with the advice and consent of the Senate;
(C) 2 individuals who are representative of education
providers, 1 of whom is a State or local adult education
provider and 1 of whom is a State or local vocational
education provider, appointed by the President by and with
the advice and consent of the Senate; and
(D) 2 Governors, representing different political parties,
appointed by the President by and with the advice and consent
of the Senate.
(2) Terms.--Each member of the Governing Board shall serve
for a term of 3 years, except that, as designated by the
President--
(A) 5 of the members first appointed to the Governing Board
shall serve for a term of 2 years;
(B) 4 of the members first appointed to the Governing Board
shall serve for a term of 3 years; and
(C) 4 of the members first appointed to the Governing Board
shall serve for a term of 4 years.
(3) Vacancies.--Any vacancy in the Governing Board shall
not affect the powers of the Governing Board, but shall be
filled in the same manner as the original appointment. Any
member appointed to fill such a vacancy shall serve for the
remainder of the term for which the predecessor of such
member was appointed.
(4) Duties and powers.--
(A) Powers.--The powers of the Federal Partnership shall be
vested in the Governing Board.
(B) Duties.--The Governing Board shall--
(i) oversee the development and implementation of the
nationwide integrated labor market information system
described in section 303, and the job placement
accountability system described in section 131(d);
(ii) establish model benchmarks for each of the benchmarks
referred to in paragraph (1), (2), or (3) of section 131(c),
at achievable levels based on existing (as of the date of the
establishment of the benchmarks) workforce development
efforts in the States;
(iii) negotiate State benchmarks with States in accordance
with section 131(c)(5);
(iv) review and approve plans under section 104, and make
allotments under section 102;
(v) receive and review reports described in section 131(a);
(vi) prepare and submit to the appropriate committees of
Congress an annual report on the absolute and relative
performance of States toward reaching the State benchmarks;
(vii) award annual incentive grants under section 132(a);
(viii) initiate sanctions described in section 132(b);
(ix) disseminate information to States on the best
practices used by States to establish and carry out
activities through statewide systems, including model
programs to provide structured work and learning experiences
for welfare recipients;
(x) perform the duties specified for the Governing Board in
title II, including subtitle C of title II (relating to the
Job Corps);
(xi) review all federally funded programs providing
workforce development activities, other than programs carried
out under this Act, and submit recommendations to Congress on
how the federally funded programs could be integrated into
the statewide systems of the States, including
recommendations on the development of common terminology for
activities and services provided through the programs;
(xii) review and approve the transition workplans developed
by the Secretary of Labor and the Secretary of Education in
accordance with sections 305 and 306; and
(xiii) oversee all activities of the Federal Partnership.
(C) Final determinations.--Notwithstanding any other
provision of this Act, the Secretary of Labor and the
Secretary of Education shall jointly make the final
determinations with respect to the approval of State plans,
and the disbursement of funds, under this Act.
(5) Chairperson.--The position of Chairperson of the
Governing Board shall rotate annually among the appointed
members described in paragraph (1)(A).
(6) Meetings.--The Governing Board shall meet at the call
of the Chairperson but not less often than 4 times during
each calendar year. Five members of the Governing Board shall
constitute a quorum. All decisions of the Governing Board
with respect to the exercise of the duties and powers of the
Governing Board shall be made by a majority vote of the
members of the Governing Board.
(7) Compensation and travel expenses.--
(A) Compensation.--Each member of the Governing Board who
is not an officer or employee of the Federal Government shall
be compensated at a rate to be fixed by the President but not
to exceed the daily equivalent of the maximum rate authorized
for a position above GS-15 of the General Schedule under
section 5108 of title 5, United States Code, for each day
(including travel time) during which such member is engaged
in the performance of the duties of the Governing Board. All
members of the Governing
[[Page S 14818]]
Board who are officers or employees of the United States shall serve
without compensation in addition to compensation received for
their services as officers or employees of the United States.
(B) Expenses.--While away from their homes or regular
places of business on the business of the Governing Board,
members of such Governing Board shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, for persons
employed intermittently in the Government service.
(8) Date of appointment.--The Governing Board shall be
appointed not later than September 30, 1996.
(c) Director.--
(1) In general.--There shall be in the Federal Partnership
a Director, who shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) Compensation.--The Director shall be compensated at the
rate provided for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(3) Duties.--The Director shall--
(A) make recommendations to the Governing Board regarding
the activities described in subsection (b)(4)(B); and
(B) carry out the general administration and enforcement of
this Act.
(4) Date of appointment.--The Director shall be appointed
not later than September 30, 1996.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Federal Partnership without
reimbursement, and such detail shall be without interruption
or loss of civil service or privilege. The Secretary of
Education, the Secretary of Labor, and the Secretary of
Health and Human Services shall detail a sufficient number of
employees to the Federal Partnership for the period beginning
October 1, 1996 and ending June 30, 1998 to enable the
Federal Partnership to carry out the functions of the Federal
Partnership during such period.
(e) Inspector General.--There shall be an Office of the
Inspector General in the Federal Partnership. The Office
shall be headed by an Inspector General appointed in
accordance with the Inspector General Act of 1978 (5 U.S.C.
App.). The Inspector General shall carry out the duties
prescribed in such Act.
(f) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal years 1996 and 1997 $500,000 to
the Governing Board for the administration of this Act.
(g) Conforming Amendment.--Section 11 of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by inserting ``the Governing Board of
the Workforce Development Partnership;'' after ``the Attorney
General;''; and
(2) in paragraph (2), by inserting ``the Workforce
Development Partnership;'' after ``Treasury;''.
SEC. 302. NATIONAL ASSESSMENT OF VOCATIONAL EDUCATION
PROGRAMS.
(a) In General.--The Assistant Secretary for Educational
Research and Improvement (referred to in this section as the
``Assistant Secretary'') shall conduct a national assessment
of vocational education programs assisted under this Act,
through studies and analyses conducted independently through
competitive awards.
(b) Independent Advisory Panel.--The Assistant Secretary
shall appoint an independent advisory panel, consisting of
vocational education administrators, educators, researchers,
and representatives of business, industry, labor, and other
relevant groups, to advise the Assistant Secretary on the
implementation of such assessment, including the issues to be
addressed and the methodology of the studies involved, and
the findings and recommendations resulting from the
assessment. The panel, in the discretion of the panel, may
submit to Congress an independent analysis of the findings
and recommendations resulting from the assessment. The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the panel established under this subsection.
(c) Contents.--The assessment required under subsection (a)
shall include descriptions and evaluations of--
(1) the effect of this Act on State and tribal
administration of vocational education programs and on local
vocational education practices, including the capacity of
State, tribal, and local vocational education systems to
address the purposes of this Act;
(2) expenditures at the Federal, State, tribal, and local
levels to address program improvement in vocational
education, including the impact of Federal allocation
requirements (such as within-State distribution formulas) on
the delivery of services;
(3) preparation and qualifications of teachers of
vocational and academic curricula in vocational education
programs, as well as shortages of such teachers;
(4) participation in vocational education programs;
(5) academic and employment outcomes of vocational
education, including analyses of--
(A) the effect of educational reform on vocational
education;
(B) the extent and success of integration of academic and
vocational curricula;
(C) the success of the school-to-work transition; and
(D) the degree to which vocational training is relevant to
subsequent employment;
(6) employer involvement in, and satisfaction with,
vocational education programs;
(7) the effect of benchmarks, performance measures, and
other measures of accountability on the delivery of
vocational education services; and
(8) the degree to which minority students are involved in
vocational student organizations.
(d) Consultation.--
(1) In general.--The Secretary of Education shall consult
with the Committee on Economic and Educational Opportunities
of the House of Representatives and the Committee on Labor
and Human Resources of the Senate in the design and
implementation of the assessment required under subsection
(a).
(2) Reports.--The Secretary of Education shall submit to
Congress--
(A) an interim report regarding the assessment on or before
January 1, 2000; and
(B) a final report, summarizing all studies and analyses
that relate to the assessment and that are completed after
the assessment, on or before July 1, 2000.
(3) Prohibition.--Notwithstanding any other provision of
law or regulation, the reports required by this subsection
shall not be subject to any review outside of the Office of
Educational Research and Improvement before their transmittal
to Congress, but the President, the Secretary, and the
independent advisory panel established under subsection (b)
may make such additional recommendations to Congress with
respect to the assessment as the President, Secretary, or
panel determine to be appropriate.
(e) Effective Date.--This section shall take effect on July
1, 1998.
SEC. 303. LABOR MARKET INFORMATION.
(a) Federal Responsibilities.--The Governing Board, in
accordance with the provisions of this section, shall oversee
the development, maintenance, and continuous improvement of a
nationwide integrated labor market information system that
shall include--
(1) statistical data from cooperative statistical survey
and projection programs and data from administrative
reporting systems, that, taken together, shall enumerate,
estimate, and project the supply and demand for labor at the
substate, State, and national levels in a timely manner,
including data on--
(A) the demography, socioeconomic characteristics, and
current employment status of the substate, State, and
national populations (as of the date of the collection of the
data), including self-employed, part-time, and seasonal
workers;
(B) job vacancies, education and training requirements,
skills, wages, benefits, working conditions, and industrial
distribution, of occupations, as well as current and
projected employment opportunities and trends by industry and
occupation;
(C) the educational attainment, training, skills, skill
levels, and occupations of the populations;
(D) information maintained in a longitudinal manner on the
quarterly earnings, establishment and industry affiliation,
and geographic location of employment for all individuals for
whom the information is collected by the States; and
(E) the incidence, industrial and geographical location,
and number of workers displaced by permanent layoffs and
plant closings;
(2) State and substate area employment and consumer
information (which shall be current, comprehensive,
automated, accessible, easy to understand, and in a form
useful for facilitating immediate employment, entry into
education and training programs, and career exploration) on--
(A) job openings, locations, hiring requirements, and
application procedures, including profiles of industries in
the local labor market that describe the nature of work
performed, employment requirements, and patterns in wages and
benefits;
(B) jobseekers, including the education, training, and
employment experience of the jobseekers; and
(C) the cost and effectiveness of providers of workforce
employment activities, workforce education activities, and
flexible workforce activities, including the percentage of
program completion, acquisition of skills to meet industry-
recognized skill standards, continued education, job
placement, and earnings, by participants, and other
information that may be useful in facilitating informed
choices among providers by participants;
(3) technical standards for labor market information that
will--
(A) ensure compatibility of the information and the ability
to aggregate the information from substate areas to State and
national levels;
(B) support standardization and aggregation of the data
from administrative reporting systems;
(C) include--
(i) classification and coding systems for industries,
occupations, skills, programs, and courses;
(ii) nationally standardized definitions of labor market
terms, including terms related to State benchmarks
established pursuant to section 131(c);
(iii) quality control mechanisms for the collection and
analysis of labor market information; and
(iv) common schedules for collection and dissemination of
labor market information; and
(D) eliminate gaps and duplication in statistical
undertakings, with a high priority given to the systemization
of wage surveys;
(4) an analysis of data and information described in
paragraphs (1) and (2) for uses such as--
(A) national, State, and substate area economic
policymaking;
(B) planning and evaluation of workforce development
activities;
(C) the implementation of Federal policies, including the
allocation of Federal funds to States and substate areas; and
(D) research on labor market dynamics;
(5) dissemination mechanisms for data and analysis,
including mechanisms that may be standardized among the
States; and
[[Page S 14819]]
(6) programs of technical assistance for States and
substate areas in the development, maintenance, utilization,
and continuous improvement of the data, information,
standards, analysis, and dissemination mechanisms, described
in paragraphs (1) through (5).
(b) Joint Federal-State Responsibilities.--
(1) In general.--The nationwide integrated labor market
information system shall be planned, administered, overseen,
and evaluated through a cooperative governance structure
involving the Federal Government and the States receiving
financial assistance under this Act.
(2) Annual plan.--The Governing Board shall, with the
assistance of the Bureau of Labor Statistics and other
Federal agencies, where appropriate, prepare an annual plan
that shall be the mechanism for achieving the cooperative
Federal-State governance structure for the nationwide
integrated labor market information system. The plan shall--
(A) establish goals for the development and improvement of
a nationwide integrated labor market information system based
on information needs for achieving economic growth and
productivity, accountability, fund allocation equity, and an
understanding of labor market characteristics and dynamics;
(B) describe the elements of the system, including--
(i) standards, definitions, formats, collection
methodologies, and other necessary system elements, for use
in collecting the data and information described in
paragraphs (1) and (2) of subsection (a); and
(ii) assurances that--
(I) data will be sufficiently timely and detailed for uses
including the uses described in subsection (a)(4);
(II) administrative records will be standardized to
facilitate the aggregation of data from substate areas to
State and national levels and to support the creation of new
statistical series from program records; and
(III) paperwork and reporting requirements on employers and
individuals will be reduced;
(C) recommend needed improvements in administrative
reporting systems to be used for the nationwide integrated
labor market information system;
(D) describe the current spending on integrated labor
market information activities from all sources, assess the
adequacy of the funds spent, and identify the specific budget
needs of the Federal Government and States with respect to
implementing and improving the nationwide integrated labor
market information system;
(E) develop a budget for the nationwide integrated labor
market information system that--
(i) accounts for all funds described in subparagraph (D)
and any new funds made available pursuant to this Act; and
(ii) describes the relative allotments to be made for--
(I) operating the cooperative statistical programs pursuant
to subsection (a)(1);
(II) developing and providing employment and consumer
information pursuant to subsection (a)(2);
(III) ensuring that technical standards are met pursuant to
subsection (a)(3); and
(IV) providing the analysis, dissemination mechanisms, and
technical assistance under paragraphs (4), (5), and (6) of
subsection (a), and matching data;
(F) describe the involvement of States in developing the
plan by holding formal consultations conducted in cooperation
with representatives of the Governors of each State or the
State workforce development board described in section 105,
where appropriate, pursuant to a process established by the
Governing Board; and
(G) provide for technical assistance to the States for the
development of statewide comprehensive labor market
information systems described in subsection (c), including
assistance with the development of easy-to-use software and
hardware, or uniform information displays.
For purposes of applying Office of Management and Budget
Circular A-11 to determine persons eligible to participate in
deliberations relating to budget issues for the development
of the plan, the representatives of the Governors of each
State and the State workforce development board described in
subparagraph (F) shall be considered to be employees of the
Department of Labor.
(c) State Responsibilities.--
(1) Designation of state agency.--In order to receive
Federal financial assistance under this Act, the Governor of
a State shall--
(A) establish an interagency process for the oversight of a
statewide comprehensive labor market information system and
for the participation of the State in the cooperative
Federal-State governance structure for the nationwide
integrated labor market information system; and
(B) designate a single State agency or entity within the
State to be responsible for the management of the statewide
comprehensive labor market information system.
(2) Duties.--In order to receive Federal financial
assistance under this Act, the State agency or entity within
the State designated under paragraph (1)(B) shall--
(A) consult with employers and local workforce development
boards described in section 118(b), where appropriate, about
the labor market relevance of the data to be collected and
displayed through the statewide comprehensive labor market
information system;
(B) develop, maintain, and continuously improve the
statewide comprehensive labor market information system,
which shall--
(i) include all of the elements described in paragraphs
(1), (2), (3), (4), (5), and (6) of subsection (a); and
(ii) provide the consumer information described in clauses
(v) and (vi) of section 106(a)(2)(B) in a manner that shall
be responsive to the needs of business, industry, workers,
and jobseekers;
(C) ensure the performance of contract and grant
responsibilities for data collection, analysis, and
dissemination, through the statewide comprehensive labor
market information system;
(D) conduct such other data collection, analysis, and
dissemination activities to ensure that State and substate
area labor market information is comprehensive;
(E) actively seek the participation of other State and
local agencies, with particular attention to State education,
economic development, human services, and welfare agencies,
in data collection, analysis, and dissemination activities in
order to ensure complementarity and compatibility among data;
(F) participate in the development of the national annual
plan described in subsection (b)(2); and
(G) ensure that the matches required for the job placement
accountability system by section 131(d)(2)(A) are made for
the State and for other States.
(3) Rule of construction.--Nothing in this Act shall be
construed as limiting the ability of a State agency to
conduct additional data collection, analysis, and
dissemination activities with State funds or with Federal
funds from sources other than this Act.
(d) Effective Date.--This section shall take effect on July
1, 1998.
SEC. 304. NATIONAL CENTER FOR RESEARCH IN EDUCATION AND
WORKFORCE DEVELOPMENT.
(a) Grants Authorized.--From amounts made available under
section 134(b)(5), the Governing Board is authorized--
(1) for the period beginning on the date of enactment of
this Act and ending on December 31, 1997, to support a
national center that was established under section 404 of the
Carl D. Perkins Vocational and Applied Technology Education
Act and that was in existence on the day before the date of
enactment of this Act, in accordance with such section 404
(as such section was in effect on the day before the date of
enactment of this Act); and
(2) for the period after December 31, 1997, to award a
grant, on a competitive basis, to an institution of higher
education, public or private nonprofit organization or
agency, or a consortium of such institutions, organizations,
or agencies, to enable such institution, organization,
agency, or consortium to establish a national center to carry
out the activities described in subsection (b).
(b) Authorized Activities.--Grant funds made available
under this section shall be used by the national center
assisted under subsection (a)(2)--
(1) to increase the effectiveness and improve the
implementation of workforce development programs, including
conducting research and development and providing technical
assistance with respect to--
(A) combining academic and vocational education;
(B) connecting classroom instruction with work-based
learning;
(C) creating a continuum of educational programs that
provide multiple exit points for employment, which may
include changes or development of instructional materials or
curriculum;
(D) establishing high quality support services for all
students to ensure access to workforce development programs,
educational success, and job placement assistance;
(E) developing new models for remediation of basic academic
skills, which models shall incorporate appropriate
instructional methods, rather than using rote and didactic
methods;
(F) identifying ways to establish links among educational
and job training programs at the State and local levels;
(G) developing new models for career guidance, career
information, and counseling services;
(H) identifying economic and labor market changes that will
affect workforce needs;
(I) conducting preparation of teachers and professionals
who work with programs funded under this Act; and
(J) obtaining information on practices in other countries
that may be adapted for use in the United States;
(2) to provide assistance to States and local recipients of
assistance under this Act in developing and using systems of
performance measures and standards for improvement of
programs and services; and
(3) to maintain a clearinghouse that will provide data and
information to Federal, State, and local organizations and
agencies about the condition of statewide systems and
programs funded under this Act, which data and information
shall be disseminated in a form that is useful to
practitioners and policymakers.
(c) Other Activities.--The Governing Board may request that
the national center assisted under subsection (a)(2) conduct
activities not described in subsection (b), or study topics
not described in subsection (b), as the Governing Board
determines to be necessary to carry out this Act.
(d) Identification of Current Needs.--The national center
assisted under subsection (a)(2) shall identify current needs
(as of the date of the identification) for research and
technical assistance through a variety of sources including a
panel of Federal, State, and local level practitioners.
(e) Summary Report.--The national center assisted under
subsection (a)(2) shall annually prepare and submit to the
Governing Board and Congress a report summarizing the
research findings obtained, and the results of development
and technical assistance activities carried out, under this
section.
(f) Definition.--As used in this section, the term
``institution of higher education'' has the meaning given the
term in section 1201(a) of the Higher Education Act of 1965
(20 U.S.C. 1141(a)).
[[Page S 14820]]
(g) Effective Date.--This section shall take effect on July
1, 1998.
SEC. 305. TRANSFERS TO FEDERAL PARTNERSHIP.
(a) Definitions.--For purposes of this section, unless
otherwise provided or indicated by the context--
(1) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United
States Code;
(2) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(3) the term ``office'' includes any office,
administration, agency, institute, unit, organizational
entity, or component thereof.
(b) Transfer of Functions.--
(1) In general.--There are transferred to the Federal
Partnership, in accordance with subsection (c), all functions
that the Secretary of Labor or the Secretary of Education
exercised before the effective date of this section
(including all related functions of any officer or employee
of the Department of Labor or the Department of Education)
that relate to a covered activity and that are minimally
necessary to carry out the functions of the Federal
Partnership. The authority of a transferred employee to carry
out a function that relates to a covered activity shall
terminate on July 1, 1998.
(2) Office of inspector general.--There are transferred to
the Federal Partnership, in accordance with subsection (c),
all functions that the Secretary of Labor or the Secretary of
Education, acting through the Office of Inspector General of
the Department of Labor or of the Department of Education,
exercised before the effective date of this section
(including all related functions of any officer or employee
of the Department of Labor or the Department of Education)
that relate to the auditing or investigation of a covered
activity and that are minimally necessary to carry out the
functions of the Federal Partnership. The authority of a
transferred employee to carry out a function that relates to
the auditing or investigation of a covered activity shall
terminate on July 1, 1998.
(c) Determinations of Functions by the Governing Board.--
(1) Transition workplan.--
(A) In general.--Not later than the date of appointment of
the Governing Board, the Secretary of Labor and the Secretary
of Education shall prepare and submit to the Governing Board
a proposed workplan that specifies the steps that the
Secretaries will take, during the period ending on July 1,
1998, to carry out the transfers described in subsection (b).
(B) Contents.--The proposed workplan shall include, at a
minimum--
(i) an analysis of the functions that officers and
employees of the Department of Labor and the Department of
Education carry out (as of the date of the submission of the
workplan) that relate to a covered activity or to the
auditing or investigation of a covered activity;
(ii) information on the levels of personnel and funding
used to carry out the functions (as of such date);
(iii) information on the proposed organizational structure
for the Federal Partnership;
(iv) a determination of the functions described in clause
(i) that are minimally necessary to carry out the functions
of the Federal Partnership; and
(v) information on the levels of personnel and funding that
are minimally necessary to carry out the functions of the
Federal Partnership.
(2) Review.--Not later than 30 days after the date of
submission of the workplan, the Governing Board shall--
(A) review the workplan;
(B) approve the workplan or prepare a revised workplan that
contains the analysis and information described in paragraph
(1)(B), including a determination of the functions described
in paragraph (1)(B)(iv), which shall be transferred under
subsection (b); and
(C) submit the approved or revised workplan to the
appropriate committees of Congress.
(d) Personnel Provisions.--
(1) Appointments.--The Director may appoint and fix the
compensation of such officers and employees, including
investigators, attorneys, and administrative law judges, as
may be necessary to carry out the functions of the Federal
Partnership. Except as otherwise provided by law, such
officers and employees shall be appointed in accordance with
the civil service laws and their compensation fixed in
accordance with title 5, United States Code.
(2) Experts and consultants.--The Director may obtain the
services of experts and consultants in accordance with
section 3109 of title 5, United States Code, and compensate
such experts and consultants for each day (including travel
time) at rates not in excess of the rate of pay for level IV
of the Executive Schedule under section 5315 of such title.
The Director may pay experts and consultants who are serving
away from their homes or regular place of business travel
expenses and per diem in lieu of subsistence at rates
authorized by sections 5702 and 5703 of such title for
persons in Government service employed intermittently.
(e) Delegation and Assignment.--Except where otherwise
expressly prohibited by law or otherwise provided by this
section, the Governing Board may delegate any function
transferred or granted to such Federal Partnership after the
effective date of this section to such officers and employees
of the Federal Partnership as the Governing Board may
designate, and may authorize successive redelegations of such
functions as may be necessary or appropriate. No delegation
of functions by the Governing Board under this subsection or
under any other provision of this section shall relieve such
Governing Board of responsibility for the administration of
such functions.
(f) Reorganization.--The Governing Board may allocate or
reallocate any function transferred or granted to such
Federal Partnership after the effective date of this section
among the officers of the Federal Partnership, and establish,
consolidate, alter, or discontinue such organizational
entities in the Federal Partnership as may be necessary or
appropriate.
(g) Rules.--The Governing Board is authorized to prescribe,
in accordance with the provisions of chapters 5 and 6 of
title 5, United States Code, such rules and regulations as
the Governing Board determines to be necessary or appropriate
to administer and manage the functions of the Federal
Partnership.
(h) Transfer and Allocations of Appropriations and
Personnel.--
(1) In general.--Except as otherwise provided in this
section, the personnel employed in connection with, and the
assets, liabilities, contracts, property, records, and
unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising
from, available to, or to be made available in connection
with the functions transferred by this section, subject to
section 1531 of title 31, United States Code, shall be
transferred to the Federal Partnership. Unexpended funds
transferred pursuant to this subsection shall be used only to
carry out the functions of the Federal Partnership.
(2) Existing facilities and other federal resources.--
Pursuant to paragraph (1), the Secretary of Labor and the
Secretary of Education shall supply such office facilities,
office supplies, support services, and related expenses as
may be minimally necessary to carry out the functions of the
Governing Board. None of the funds made available under this
Act may be used for the construction of office facilities for
the Federal Partnership.
(i) Incidental Transfers.--The Director of the Office of
Management and Budget, at such time or times as the Director
shall provide, may make such determinations as may be
necessary with regard to the functions transferred by this
section, and to make such additional incidental dispositions
of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used,
arising from, available to, or to be made available in
connection with such functions, as may be necessary to carry
out the provisions of this section. The Director of the
Office of Management and Budget shall provide for the
termination of the affairs of all entities terminated by this
section and for such further measures and dispositions as may
be necessary to effectuate the objectives of this section.
(j) Effect on Personnel.--
(1) Termination of certain positions.--Positions whose
incumbents are appointed by the President, by and with the
advice and consent of the Senate, the functions of which are
transferred by this section, shall terminate on the effective
date of this section.
(2) Actions.--
(A) In general.--The Secretary of Labor and the Secretary
of Education shall take such actions as may be necessary,
including reduction in force actions, consistent with
sections 3502 and 3595 of title 5, United States Code, to
ensure that the positions of personnel that relate to a
covered activity and are not transferred under subsection
(b)(1) are separated from service.
(B) Scope.--The Secretary of Labor and the Secretary of
Education shall take the actions described in subparagraph
(A) with respect to not less than \1/3\ of the positions of
personnel that relate to a covered activity.
(C) Definition.--As used in this paragraph, the term
``positions of personnel that relate to a covered activity''
shall not include any position in an Office of Inspector
General that relates to the auditing or investigation of a
covered activity.
(k) Savings Provisions.--
(1) Suits not affected.--The provisions of this section
shall not affect suits commenced before the effective date of
this section, and in all such suits, proceedings shall be
had, appeals taken, and judgments rendered in the same manner
and with the same effect as if this section had not been
enacted.
(2) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Department of Labor or
the Department of Education, or by or against any individual
in the official capacity of such individual as an officer of
the Department of Labor or the Department of Education, shall
abate by reason of the enactment of this section.
(l) Transition.--The Governing Board may utilize--
(1) the services of officers, employees, and other
personnel of the Department of Labor or the Department of
Education with respect to functions transferred to the
Federal Partnership by this section; and
(2) funds appropriated to such functions;
for such period of time as may reasonably be needed to
facilitate the orderly implementation of this section.
(m) References.--A reference in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or relating to--
(1) the Secretary of Labor or the Secretary of Education
with regard to functions transferred under subsection (b),
shall be deemed to refer to the Governing Board; and
(2) the Department of Labor or the Department of Education
with regard to functions transferred under subsection (b),
shall be deemed to refer to the Federal Partnership.
(n) Additional Conforming Amendments.--
(1) Recommended legislation.--After consultation with the
appropriate committees of Congress and the Director of the
Office of Management and Budget, the Governing Board shall
prepare and submit to Congress recommended legislation
containing technical and conforming amendments to reflect the
changes made by this section.
[[Page S 14821]]
(2) Submission to congress.--Not later than March 31, 1997,
the Governing Board shall submit the recommended legislation
referred to in paragraph (1).
(o) Effective Date.--
(1) In general.--Except as provided in paragraphs (2) and
(3), this section shall take effect on June 30, 1998.
(2) Regulations and conforming amendments.--Subsections (g)
and (n) shall take effect on September 30, 1996.
(3) Workplan.--Subsection (c) shall take effect on the date
of enactment of this Act.
SEC. 306. TRANSFERS TO OTHER FEDERAL AGENCIES AND OFFICES.
(a) Transfer.--There are transferred to the appropriate
receiving agency, in accordance with subsection (b), all
functions that the Secretary of Labor, acting through the
Employment and Training Administration, or the Secretary of
Education, acting through the Office of Vocational and Adult
Education, exercised before the effective date of this
section (including all related functions of any officer or
employee of the Employment and Training Administration or the
Office of Vocational and Adult Education) that do not relate
to a covered activity.
(b) Determinations of Functions and Appropriate Receiving
Agencies.--
(1) Transition workplan.--
(A) In general.--Not later than 90 days after the date of
appointment of the Governing Board, the Secretary of Labor
and the Secretary of Education shall prepare and submit to
the Governing Board a proposed workplan that specifies the
steps that the Secretaries will take, during the period
ending on July 1, 1998, to carry out the transfer described
in subsection (a).
(B) Contents.--The proposed workplan shall include, at a
minimum--
(i) a determination of the functions that officers and
employees of the Employment and Training Administration and
the Office of Vocational and Adult Education carry out (as of
the date of the submission of the workplan) that do not
relate to a covered activity; and
(ii) a determination of the appropriate receiving agencies
for the functions, based on factors including increased
efficiency and elimination of duplication of functions.
(2) Review.--Not later than 30 days after the date of
submission of the workplan, the Governing Board shall--
(A) review the workplan;
(B) approve the workplan or prepare a revised workplan that
contains--
(i) a determination of the functions described in paragraph
(1)(B)(i), which shall be transferred under subsection (a);
and
(ii) a determination of the appropriate receiving agencies
described in paragraph (1)(B)(ii), based on the factors
described in such paragraph, to which the functions shall be
transferred under subsection (a); and
(C) submit the approved or revised workplan to the
appropriate committees of Congress.
(3) Report.--Not later than July 1, 1998, the Secretary of
Education and the Secretary of Labor shall submit to the
appropriate committees of Congress information on the
transfers required by this section.
(c) Application of Authorities.--
(1) In general.--
(A) Application.--Subsection (a), and subsections (d)
through (n), of section 305 (other than subsections (g),
(h)(2), (j)(2), and (n)) shall apply to transfers under this
section, in the same manner and to the same extent as the
subsections apply to transfers under section 305.
(B) Regulations and conforming amendments.--Subsections (g)
and (n) shall apply to transfers under this section, in the
same manner and to the same extent as the subsections apply
to transfers under section 305.
(2) References.--For purposes of the application of the
subsections described in paragraph (1) (other than
subsections (h)(2) and (j)(2) of section 305) to transfers
under this section--
(A) references to the Federal Partnership shall be deemed
to be references to the appropriate receiving agency, as
determined in the approved or revised workplan referred to in
subsection (b)(2);
(B) references to the Director or Governing Board shall be
deemed to be references to the head of the appropriate
receiving agency; and
(C) references to transfers in subsections (e) and (f) of
section 305 shall be deemed to include transfers under this
section.
(3) Administration.--Unexpended funds transferred pursuant
to this section shall be used only for the purposes for which
the funds were originally authorized and appropriated.
(4) Continuing effect of legal documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(A) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official of a Federal agency, or by a court of competent
jurisdiction, in the performance of functions that are
transferred under this section; and
(B) that are in effect on the effective date of this
section or were final before the effective date of this
section and are to become effective on or after the effective
date of this section;
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the appropriate
receiving agency or other authorized official, a court of
competent jurisdiction, or by operation of law.
(5) Proceedings not affected.--
(A) In general.--The provisions of this section shall not
affect any proceedings, including notices of proposed
rulemaking, or any application for any license, permit,
certificate, or financial assistance pending before the
Department of Labor or the Department of Education on the
date this section takes effect, with respect to functions
transferred by this section.
(B) Continuation.--Such proceedings and applications shall
be continued. Orders shall be issued in such proceedings,
appeals shall be taken from the orders, and payments shall be
made pursuant to such orders, as if this section had not been
enacted, and orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, or
revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law.
(C) Construction.--Nothing in this paragraph shall be
deemed to prohibit the discontinuance or modification of any
such proceeding under the same terms and conditions and to
the same extent that such proceeding could have been
discontinued or modified if this section had not been
enacted.
(6) Administrative actions relating to promulgation of
regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Department
of Labor or the Department of Education relating to a
function transferred under this section may be continued by
the appropriate receiving agency with the same effect as if
this section had not been enacted.
(d) Construction.--Nothing in this section shall be
construed to require the transfer of any function described
in subsection (b)(1)(B)(i) to the Federal Partnership.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall take effect on June 30, 1998.
(2) Regulations and conforming amendments.--Subsection
(c)(1)(B) shall take effect on September 30, 1996.
(3) Workplan.--Subsection (b) shall take effect on the date
of enactment of this Act.
SEC. 307. ELIMINATION OF CERTAIN OFFICES.
(a) Termination.--The Office of Vocational and Adult
Education and the Employment and Training Administration
shall terminate on July 1, 1998.
(b) Office of Vocational and Adult Education.--
(1) Title 5, united states code.--Section 5315 of title 5,
United States Code, is amended by striking ``Assistant
Secretaries of Education (10)'' and inserting ``Assistant
Secretaries of Education (9)''.
(2) Department of education organization act.--
(A) Section 202 of the Department of Education Organization
Act (20 U.S.C. 3412) is amended--
(i) in subsection (b)(1)--
(I) by striking subparagraph (C); and
(II) by redesignating subparagraphs (D) through (F) as
subparagraphs (C) through (E), respectively;
(ii) by striking subsection (h); and
(iii) by redesignating subsection (i) as subsection (h).
(B) Section 206 of such Act (20 U.S.C. 3416) is repealed.
(C) Section 402(c)(1) of the Improving America's Schools
Act of 1994 (20 U.S.C. 9001(c)(1)) is amended by striking
``established under'' and all that follows and inserting a
semicolon.
(3) Goals 2000: educate america act.--Section 931(h)(3)(A)
of the Goals 2000: Educate America Act (20 U.S.C.
6031(h)(3)(A)) is amended--
(A) by striking clause (iii); and
(B) by redesignating clauses (iv) and (v) as clauses (iii)
and (iv), respectively.
(c) Employment and Training Administration.--
(1) Title 5, united states code.--Section 5315 of title 5,
United States Code, is amended by striking ``Assistant
Secretaries of Labor (10)'' and inserting ``Assistant
Secretaries of Labor (9)''.
(2) Veterans' benefits and programs improvement act of
1988.--Section 402(d)(3) of the Veterans' Benefits and
Programs Improvement Act of 1988 (29 U.S.C. 1721 note) is
amended by striking ``and under any other program
administered by the Employment and Training Administration of
the Department of Labor''.
(3) Title 38, united states code.--Section 4110(d) of title
38, United States Code, is amended--
(A) by striking paragraph (7); and
(B) by redesignating paragraphs (8) through (12) as
paragraphs (7) through (11), respectively.
(4) National and community service act of 1990.--The last
sentence of section 162(b) of the National and Community
Service Act of 1990 (42 U.S.C. 12622(b)) is amended by
striking ``or the Office of Job Training''.
(d) United States Employment Service.--
(1) Title 5, united states code.--Section 3327 of title 5,
United States Code, is amended--
(A) in subsection (a), by striking ``the employment offices
of the United States Employment Service'' and inserting
``Governors''; and
(B) in subsection (b), by striking ``of the United States
Employment Service''.
(2) Title 10, united states code.--
(A) Section 1143a(d) of title 10, United States Code, is
amended by striking paragraph (3).
(B) Section 2410k(b) of title 10, United States Code, is
amended by striking ``, and where appropriate the Interstate
Job Bank (established by the United States Employment
Service),''.
(3) Internal revenue code of 1986.--Section 51 of the
Internal Revenue Code of 1986 is amended by striking
subsection (g).
(4) National defense authorization act for fiscal year
1993.--Section 4468 of the National Defense Authorization Act
for Fiscal Year 1993 (29 U.S.C. 1662d-1 note) is repealed.
(5) Title 38, united states code.--Section 4110(d) of title
38, United States Code (as amended by subsection (c)(3)), is
further amended--
(A) by striking paragraph (10); and
(B) by redesignating paragraph (11) as paragraph (10).
[[Page S 14822]]
(6) Title 39, united states code.--
(A) Section 3202(a)(1) of title 39, United States Code is
amended--
(i) in subparagraph (D), by striking the semicolon and
inserting ``; and'';
(ii) by striking subparagraph (E); and
(iii) by redesignating subparagraph (F) as subparagraph
(E).
(B) Section 3203(b) of title 39, United States Code, is
amended by striking ``(1)(E), (2), and (3)'' and inserting
``(2) and (3)''.
(C) Section 3206(b) of title 39, United States Code, is
amended by striking ``(1)(F)'' and inserting ``(1)(E)''.
(7) National and community service act of 1990.--Section
162(b) of the National and Community Service Act of 1990 (42
U.S.C. 12622(b)) (as amended by subsection (c)(4)) is further
amended by striking the last sentence.
(e) Reorganization Plans.--Except with respect to functions
transferred under section 306, the authority granted to the
Employment and Training Administration, the Office of
Vocational and Adult Education, or any unit of the Employment
and Training Administration or the Office of Vocational and
Adult Education by any reorganization plan shall terminate on
July 1, 1998.
TITLE IV--AMENDMENTS TO THE REHABILITATION ACT OF 1973
SEC. 401. REFERENCES.
Except as otherwise expressly provided in this title,
whenever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Rehabilitation Act of 1973
(29 U.S.C. 701 et seq.).
SEC. 402. FINDINGS AND PURPOSES.
Section 2 (29 U.S.C. 701) is amended--
(1) in subsection (a)(4), by striking ``the provision of
individualized training, independent living services,
educational and support services,'' and inserting
``implementation of a statewide workforce development system
that provides meaningful and effective participation for
individuals with disabilities in workforce development
activities and activities carried out through the vocational
rehabilitation program established under title I, and through
the provision of independent living services, support
services,''; and
(2) in subsection (b)(1)(A), by inserting ``statewide
workforce development systems that include, as integral
components,'' after ``(A)''.
SEC. 403. CONSOLIDATED REHABILITATION PLAN.
(a) In General.--Section 6 (29 U.S.C. 705) is repealed.
(b) Conforming Amendment.--The table of contents for the
Act is amended by striking the item relating to section 6.
SEC. 404. DEFINITIONS.
Section 7 (29 U.S.C. 706) is amended by adding at the end
the following new paragraphs:
``(36) The term `statewide workforce development system'
means a statewide system, as defined in section 3 of the
Workforce Development Act of 1995.
``(37) The term `workforce development activities' has the
meaning given the term in section 3 of the Workforce
Development Act of 1995.
``(38) The term `workforce employment activities' means the
activities described in paragraphs (2) through (8) of section
106(a) of the Workforce Development Act of 1995, including
activities described in section 106(a)(6) of such Act
provided through a voucher described in section 106(a)(9) of
such Act.''.
SEC. 405. ADMINISTRATION.
Section 12(a)(1) (29 U.S.C. 711(a)(1)) is amended by
inserting ``, including providing assistance to achieve the
meaningful and effective participation by individuals with
disabilities in the activities carried out through a
statewide workforce development system'' before the
semicolon.
SEC. 406. REPORTS.
Section 13 (29 U.S.C. 712) is amended in the fourth
sentence by striking ``The data elements'' and all that
follows through ``age,'' and inserting the following: ``The
information shall include all information that is required to
be submitted in the report described in section 131(a) of the
Workforce Development Act of 1995 and that pertains to the
employment of individuals with disabilities, including
information on age,''.
SEC. 407. EVALUATION.
Section 14(a) (29 U.S.C. 713(a)) is amended in the third
sentence by striking ``to the extent feasible,'' and all that
follows through the end of the sentence and inserting the
following: ``to the maximum extent appropriate, be consistent
with the State benchmarks established under paragraphs (1)
and (2) of section 131(c) of the Workforce Development Act of
1995. For purposes of this section, the Secretary may modify
or supplement such benchmarks after consultation with the
Governing Board established under section 301(b) of the
Workforce Development Act of 1995, to the extent necessary to
address unique considerations applicable to the participation
of individuals with disabilities in the vocational
rehabilitation program established under title I and
activities carried out under other provisions of this Act.''.
SEC. 408. DECLARATION OF POLICY.
Section 100(a) (29 U.S.C. 720(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (F)--
(i) by inserting ``workforce development activities and''
before ``vocational rehabilitation services''; and
(ii) by striking the period and inserting ``; and''; and
(C) by adding at the end the following subparagraph:
``(G) linkages between the vocational rehabilitation
program established under this title and other components of
the statewide workforce development system are critical to
ensure effective and meaningful participation by individuals
with disabilities in workforce development activities.''; and
(2) in paragraph (2)--
(A) by striking ``a comprehensive'' and inserting
``statewide comprehensive''; and
(B) by striking ``program of vocational rehabilitation that
is designed'' and inserting ``programs of vocational
rehabilitation, each of which is--
``(A) an integral component of a statewide workforce
development system; and
``(B) designed''.
SEC. 409. STATE PLANS.
(a) In General.--Section 101(a) (29 U.S.C. 721(a)) is
amended--
(1) in the first sentence, by striking ``, or shall
submit'' and all that follows through ``et seq.)'' and
inserting ``, and shall submit the State plan on the same
dates as the State submits the State plan described in
section 104 of the Workforce Development Act of 1995 to the
Governing Board established under section 301(b) of such
Act'';
(2) by inserting after the first sentence the following:
``The State shall also submit the State plan for vocational
rehabilitation services for review and comment to any State
workforce development board established for the State under
section 105 of the Workforce Development Act of 1995, which
shall submit the comments on the State plan to the designated
State unit.'';
(3) by striking paragraphs (10), (12), (13), (15), (17),
(19), (23), (27), (28), (30), (34), and (35);
(4) in paragraph (20), by striking ``(20)'' and inserting
``(B)'';
(5) by redesignating paragraphs (3), (4), (5), (6), (7),
(8), (9), (14), (16), (18), (21), (22), (24), (25), (26),
(29), (31), (32), (33), and (36) as paragraphs (4), (5), (6),
(7), (8), (9), (10), (12), (13), (14), (15), (16), (17),
(18), (19), (20), (21), (22), (23), and (24), respectively;
(6) in paragraph (1)(B)--
(A) by redesignating clauses (i), (ii), and (iii) as
clauses (ii), (iii), and (iv), respectively; and
(B) by inserting before clause (ii) (as redesignated in
subparagraph (A)) the following: ``(i) a State entity
primarily responsible for implementing workforce employment
activities through the statewide workforce development system
of the State,'';
(7) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``(1)(B)(i)'' and inserting ``(1)(B)(ii)''; and
(B) in subparagraph (B)(ii), by striking ``(1)(B)(ii)'' and
inserting ``(1)(B)(iii)'';
(8) by inserting after paragraph (2) the following
paragraph:
``(3) provide a plan for expanding and improving vocational
rehabilitation services for individuals with disabilities on
a statewide basis, including--
``(A) a statement of values and goals;
``(B) evidence of ongoing efforts to use outcome measures
to make decisions about the effectiveness and future
direction of the vocational rehabilitation program
established under this title in the State; and
``(C) information on specific strategies for strengthening
the program as an integral component of the statewide
workforce development system established in the State,
including specific innovative, state-of-the-art approaches
for achieving sustained success in improving and expanding
vocational rehabilitation services provided through the
program, for all individuals with disabilities who seek
employment, through plans, policies, and procedures that link
the program with other components of the system, including
plans, policies, and procedures relating to--
``(i) entering into cooperative agreements, between the
designated State unit and appropriate entities responsible
for carrying out the other components of the statewide
workforce development system, which agreements may provide
for--
``(I) provision of intercomponent staff training and
technical assistance regarding the availability and benefits
of, and eligibility standards for, vocational rehabilitation
services, and regarding the provision of equal, effective,
and meaningful participation by individuals with disabilities
in workforce employment activities in the State through
program accessibility, use of nondiscriminatory policies and
procedures, and provision of reasonable accommodations,
auxiliary aids and services, and rehabilitation technology,
for individuals with disabilities;
``(II) use of information and financial management systems
that link all components of the statewide workforce
development system, that link the components to other
electronic networks, and that relate to such subjects as
labor market information, and information on job vacancies,
skill qualifications, career planning, and workforce
development activities;
``(III) use of customer service features such as common
intake and referral procedures, customer data bases, resource
information, and human service hotlines;
``(IV) establishment of cooperative efforts with employers
to facilitate job placement and to develop and sustain
working relationships with employers, trade associations, and
labor organizations;
``(V) identification of staff roles and responsibilities
and available resources for each entity that carries out a
component of the statewide workforce development system with
regard to paying for necessary services (consistent with
State law); and
``(VI) specification of procedures for resolving disputes
among such entities; and
``(ii) providing for the replication of such cooperative
agreements at the local level between individual offices of
the designated State unit and local entities carrying out
activities through the statewide workforce development
system;'';
[[Page S 14823]]
(9) in paragraph (6) (as redesignated in paragraph (5))--
(A) by striking subparagraph (A) and inserting the
following:
``(A) contain the plans, policies, and methods to be
followed in carrying out the State plan and in the
administration and supervision of the plan, including--
``(i)(I) the results of a comprehensive, statewide
assessment of the rehabilitation needs of individuals with
disabilities (including individuals with severe disabilities,
individuals with disabilities who are minorities, and
individuals with disabilities who have been unserved, or
underserved, by the vocational rehabilitation system) who are
residing within the State; and
``(II) the response of the State to the assessment;
``(ii) a description of the method to be used to expand and
improve services to individuals with the most severe
disabilities, including individuals served under part C of
title VI;
``(iii) with regard to community rehabilitation programs--
``(I) a description of the method to be used (such as a
cooperative agreement) to utilize the programs to the maximum
extent feasible; and
``(II) a description of the needs of the programs,
including the community rehabilitation programs funded under
the Act entitled ``An Act to Create a Committee on Purchases
of Blind-made Products, and for other purposes'', approved
June 25, 1938 (commonly known as the Wagner-O'Day Act; 41
U.S.C. 46 et seq.) and such programs funded by State use
contracting programs; and
``(iv) an explanation of the methods by which the State
will provide vocational rehabilitation services to all
individuals with disabilities within the State who are
eligible for such services, and, in the event that
vocational rehabilitation services cannot be provided to
all such eligible individuals with disabilities who apply
for such services, information--
``(I) showing and providing the justification for the order
to be followed in selecting individuals to whom vocational
rehabilitation services will be provided (which order of
selection for the provision of vocational rehabilitation
services shall be determined on the basis of serving first
the individuals with the most severe disabilities in
accordance with criteria established by the State, and shall
be consistent with priorities in such order of selection so
determined, and outcome and service goals for serving
individuals with disabilities, established in regulations
prescribed by the Commissioner);
``(II) showing the outcomes and service goals, and the time
within which the outcomes and service goals may be achieved,
for the rehabilitation of individuals receiving such
services; and
``(III) describing how individuals with disabilities who
will not receive such services if such order is in effect
will be referred to other components of the statewide
workforce development system for access to services offered
by the components;''; and
(B) by striking subparagraph (C) and inserting the
following subparagraphs:
``(C) with regard to the statewide assessment of
rehabilitation needs described in subparagraph (A)(i)--
``(i) provide that the State agency will make reports at
such time, in such manner, and containing such information,
as the Commissioner may require to carry out the functions of
the Commissioner under this title, and comply with such
provisions as are necessary to assure the correctness and
verification of such reports; and
``(ii) provide that reports made under clause (i) will
include information regarding individuals with disabilities
and, if an order of selection described in subparagraph
(A)(iv)(I) is in effect in the State, will separately include
information regarding individuals with the most severe
disabilities, on--
``(I) the number of such individuals who are evaluated and
the number rehabilitated;
``(II) the costs of administration, counseling, provision
of direct services, development of community rehabilitation
programs, and other functions carried out under this Act; and
``(III) the utilization by such individuals of other
programs pursuant to paragraph (11); and
``(D) describe--
``(i) how a broad range of rehabilitation technology
services will be provided at each stage of the rehabilitation
process;
``(ii) how a broad range of such rehabilitation technology
services will be provided on a statewide basis; and
``(iii) the training that will be provided to vocational
rehabilitation counselors, client assistance personnel,
personnel of the providers of one-stop delivery of core
services described in section 106(a)(2) of the Workforce
Development Act of 1995, and other related services
personnel;'';
(10) in subparagraph (A) of paragraph (8) (as redesignated
in paragraph (5))--
(A) in clause (i)(II), by striking ``, based on
projections'' and all that follows through ``relevant
factors''; and
(B) by striking clauses (iii) and (iv) and inserting the
following clauses:
``(iii) a description of the ways in which the system for
evaluating the performance of rehabilitation counselors,
coordinators, and other personnel used in the State
facilitates the accomplishment of the purpose and policy of
this title, including the policy of serving, among others,
individuals with the most severe disabilities;
``(iv) provide satisfactory assurances that the system
described in clause (iii) in no way impedes such
accomplishment; and'';
(11) in paragraph (9) (as redesignated in paragraph (5)) by
striking ``required--'' and all that follows through ``(B)
prior'' and inserting ``required prior'';
(12) in paragraph (10) (as redesignated in paragraph (5))--
(A) in subparagraph (B), by striking ``written
rehabilitation program'' and inserting ``employment plan'';
and
(B) in subparagraph (C), by striking ``plan in accordance
with such program'' and inserting ``State plan in accordance
with the employment plan'';
(13) in paragraph (11)--
(A) in subparagraph (A), by striking ``State's public'' and
all that follows and inserting ``State programs that are not
part of the statewide workforce development system of the
State;''; and
(B) in subparagraph (C)--
(i) by striking ``if appropriate--'' and all that follows
through ``entering into'' and inserting ``if appropriate,
entering into'';
(ii) by redesignating subclauses (I), (II), and (III) as
clauses (i), (ii), and (iii), respectively; and
(iii) by indenting the clauses and aligning the margins of
the clauses with the margins of clause (ii) of subparagraph
(A) of paragraph (8) (as redesignated in paragraph (5));
(14) in paragraph (14) (as redesignated in paragraph (5))--
(A) by striking ``(14)'' and inserting ``(14)(A)''; and
(B) by inserting before the semicolon the following ``,
and, in the case of the designated State unit, will take
actions to take such views into account that include
providing timely notice, holding public hearings, preparing a
summary of hearing comments, and documenting and
disseminating information relating to the manner in which the
comments will affect services; and'';
(15) in paragraph (16) (as redesignated in paragraph (5)),
by striking ``referrals to other Federal and State programs''
and inserting ``referrals within the statewide workforce
development system of the State to programs''; and
(16) in paragraph (17) (as redesignated in paragraph (5))--
(A) in subparagraph (B), by striking ``written
rehabilitation program'' and inserting ``employment plan'';
and
(B) in subparagraph (C)--
(i) in clause (ii), by striking ``; and'' and inserting a
semicolon;
(ii) in clause (iii), by striking the semicolon and
inserting ``; and''; and
(iii) by adding at the end the following clause:
``(iv) the manner in which students who are individuals
with disabilities and who are not in special education
programs can access and receive vocational rehabilitation
services, where appropriate;''.
(b) Conforming Amendments.--
(1) Section 7 (29 U.S.C. 706) is amended--
(A) in paragraph (3)(B)(ii), by striking
``101(a)(1)(B)(i)'' and inserting ``101(a)(1)(B)(ii)''; and
(B) in paragraph (22)(A)(i)(II), by striking
``101(a)(5)(A)'' each place it appears and inserting
``101(a)(6)(A)(iv)''.
(2) Section 12(d) (29 U.S.C. 711(d)) is amended by striking
``101(a)(5)(A)'' and inserting ``101(a)(6)(A)(iv)''.
(3) Section 101(a) (29 U.S.C. 721(a)) is amended--
(A) in paragraph (1)(A), by striking ``paragraph (4) of
this subsection'' and inserting ``paragraph (5)'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``paragraph (1)(B)(i)'' and inserting ``paragraph
(1)(B)(ii)''; and
(ii) in subparagraph (B)(i), by striking ``paragraph
(1)(B)(ii)'' and inserting ``paragraph (1)(B)(iii)'';
(C) in paragraph (17) (as redesignated in subsection
(a)(5)), by striking ``paragraph (11)(C)(ii)'' and inserting
``paragraph (11)(C)'';
(D) in paragraph (22) (as redesignated in subsection
(a)(5)), by striking ``paragraph (36)'' and inserting
``paragraph (24)''; and
(E) in subparagraph (C) of paragraph (24) (as redesignated
in subsection (a)(5)), by striking ``101(a)(1)(A)(i)'' and
inserting ``paragraph (1)(A)(i)''.
(4) Section 102 (29 U.S.C. 722) is amended--
(A) in subsection (a)(3), by striking ``101(a)(24)'' and
inserting ``101(a)(17)''; and
(B) in subsection (d)(2)(C)(ii)--
(i) in subclause (II), by striking ``101(a)(36)'' and
inserting ``101(a)(24)''; and
(ii) in subclause (III), by striking ``101(a)(36)(C)(ii)''
and inserting ``101(a)(24)(C)(ii)''.
(5) Section 105(a)(1) (29 U.S.C. 725(a)(1)) is amended by
striking ``101(a)(36)'' and inserting ``101(a)(24)''.
(6) Section 107(a) (29 U.S.C. 727(a)) is amended--
(A) in paragraph (2)(F), by striking ``101(a)(32)'' and
inserting ``101(a)(22)'';
(B) in paragraph (3)(A), by striking ``101(a)(5)(A)'' and
inserting ``101(a)(6)(A)(iv)''; and
(C) in paragraph (4), by striking ``101(a)(35)'' and
inserting ``101(a)(8)(A)(iii)''.
(7) Section 111(a) (29 U.S.C. 731(a)) is amended--
(A) in paragraph (1), by striking ``and development and
implementation'' and all that follows through ``referred to
in section 101(a)(34)(B)''; and
(B) in paragraph (2)(A), by striking ``and such payments
shall not be made in an amount which would result in a
violation of the provisions of the State plan required by
section 101(a)(17)''.
(8) Section 124(a)(1)(A) (29 U.S.C. 744(a)(1)(A)) is
amended by striking ``(not including sums used in accordance
with section 101(a)(34)(B))''.
(9) Section 315(b)(2) (29 U.S.C. 777e(b)(2)) is amended by
striking ``101(a)(22)'' and inserting ``101(a)(16)''.
(10) Section 635(b)(2) (29 U.S.C. 795n(b)(2)) is amended by
striking ``101(a)(5)'' and inserting ``101(a)(6)(A)(i)(I)''.
(11) Section 802(h)(2)(B)(ii) (29 U.S.C. 797a(h)(2)(B)(ii))
is amended by striking ``101(a)(5)(A)'' and inserting
``101(a)(6)(A)(iv)''.
[[Page S 14824]]
(12) Section 102(e)(23)(A) of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988 (29
U.S.C. 2212(e)(23)(A)) is amended by striking ``section
101(a)(36) of the Rehabilitation Act of 1973 (29 U.S.C.
721(a)(36))'' and inserting ``section 101(a)(24) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)(24))''.
SEC. 410. INDIVIDUALIZED EMPLOYMENT PLANS.
(a) In General.--Section 102 (29 U.S.C. 722) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 102. INDIVIDUALIZED EMPLOYMENT PLANS.'';
(2) in subsection (a)(6), by striking ``written
rehabilitation program'' and inserting ``employment plan'';
(3) in subsection (b)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``written rehabilitation
program'' and inserting ``employment plan''; and
(ii) in clause (ii), by striking ``program'' and inserting
``plan'';
(B) in paragraph (1)(B)--
(i) in the matter preceding clause (i), by striking
``written rehabilitation program'' and inserting ``employment
plan'';
(ii) in clause (iv)--
(I) by striking subclause (I) and inserting the following:
``(I) include a statement of the specific vocational
rehabilitation services to be provided (including, if
appropriate, rehabilitation technology services and training
in how to use such services) that includes specification of
the public or private entity that will provide each such
vocational rehabilitation service and the projected dates for
the initiation and the anticipated duration of each such
service; and'';
(II) by striking subclause (II); and
(III) by redesignating subclause (III) as subclause (II);
and
(iii) in clause (xi)(I), by striking ``program'' and
inserting ``plan'';
(C) in paragraph (1)(C), by striking ``written
rehabilitation program and amendments to the program'' and
inserting ``employment plan and amendments to the plan''; and
(D) in paragraph (2)--
(i) by striking ``program'' each place the term appears and
inserting ``plan''; and
(ii) by striking ``written rehabilitation'' each place the
term appears and inserting ``employment'';
(4) in subsection (c)--
(A) in paragraph (1), by striking ``written rehabilitation
program'' and inserting ``employment plan''; and
(B) by striking ``written program'' each place the term
appears and inserting ``plan''; and
(5) in subsection (d)--
(A) in paragraph (5), by striking ``written rehabilitation
program'' and inserting ``employment plan''; and
(B) in paragraph (6)(A), by striking the second sentence.
(b) Conforming Amendments.--
(1) The table of contents for the Act is amended by
striking the item relating to section 102 and inserting the
following:
``Sec. 102. Individualized employment plans.''.
(2) Paragraphs (22)(B) and (27)(B), and subparagraphs (B)
and (C) of paragraph (34) of section 7 (29 U.S.C. 706),
section 12(e)(1) (29 U.S.C. 711(e)(1)), section 501(e) (29
U.S.C. 791(e)), subparagraphs (C), (D), and (E) of section
635(b)(6) (29 U.S.C. 795n(b)(6) (C), (D), and (E)), section
802(g)(8)(B) (29 U.S.C. 797a(g)(8)(B)), and section
803(c)(2)(D) (29 U.S.C. 797b(c)(2)(D)) are amended by
striking ``written rehabilitation program'' each place the
term appears and inserting ``employment plan''.
(3) Section 7(22)(B)(i) (29 U.S.C. 706(22)(B)(i)) is
amended by striking ``rehabilitation program'' and inserting
``employment plan''.
(4) Section 107(a)(3)(D) (29 U.S.C. 727(a)(3)(D)) is
amended by striking ``written rehabilitation programs'' and
inserting ``employment plans''.
(5) Section 101(b)(7)(A)(ii)(II) of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988 (29
U.S.C. 2211(b)(7)(A)(ii)(II)) is amended by striking
``written rehabilitation program'' and inserting ``employment
plan''.
SEC. 411. SCOPE OF VOCATIONAL REHABILITATION SERVICES.
Section 103 (29 U.S.C. 723) is amended--
(1) in subsection (a)(4)--
(A) in subparagraph (B), by striking ``surgery or'';
(B) in subparagraph (D), by striking the comma at the end
and inserting ``, and'';
(C) by striking subparagraph (E); and
(D) by redesignating subparagraph (F) as subparagraph (E);
and
(2) in subsection (b)(1), by striking ``the most severe''.
SEC. 412. STATE REHABILITATION ADVISORY COUNCIL.
(a) In General.--Section 105 (29 U.S.C. 725) is amended--
(1) in subsection (b)(1)(A)(vi), by inserting before the
semicolon the following: ``who, to the extent feasible, are
members of any State workforce development board established
for the State under section 105 of the Workforce Development
Act of 1995''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively;
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) advise the designated State agency and the designated
State unit regarding strategies for ensuring that the
vocational rehabilitation program established under this
title becomes an integral part of the statewide workforce
development system of the State;''; and
(C) in paragraph (6) (as redesignated in subparagraph
(A))--
(i) by striking ``6024), and'' and inserting ``6024),'';
and
(ii) by striking the semicolon at the end and inserting the
following: ``, and any State workforce development board
established for the State under section 105 of the Workforce
Development Act of 1995;''.
(b) Conforming Amendment.--Subparagraph (B)(iv), and
clauses (ii)(I) and (iii)(I) of subparagraph (C), of
paragraph (24) (as redesignated in section 409(a)(5)) of
section 101(a) (29 U.S.C. 721(a)) are amended by striking
``105(c)(3)'' and inserting ``105(c)(4)''.
SEC. 413. EVALUATION STANDARDS AND PERFORMANCE INDICATORS.
Section 106(a)(1) (29 U.S.C. 726(a)(1)) is amended--
(1) by striking ``1994'' and inserting ``1996''; and
(2) by striking the period and inserting the following:
``that shall, to the maximum extent appropriate, be
consistent with the State benchmarks established under
paragraphs (1) and (2) of section 131(c) of the Workforce
Development Act of 1995. For purposes of this section, the
Commissioner may modify or supplement such benchmarks, after
consultation with the Governing Board established under
section 301(b) of the Workforce Development Act of 1995, to
the extent necessary to address unique considerations
applicable to the participation of individuals with
disabilities in the vocational rehabilitation program.''.
SEC. 414. REPEALS.
(a) In General.--Title I (29 U.S.C. 720 et seq.) is
amended--
(1) by repealing part C; and
(2) by redesignating parts D and E as parts C and D,
respectively.
(b) Conforming Amendments.--The table of contents for the
Act is amended--
(1) by striking the items relating to part C of title I;
and
(2) by striking the items relating to parts D and E of
title I and inserting the following:
``Part C--American Indian Vocational Rehabilitation Services
``Sec. 130. Vocational rehabilitation services grants.
``Part D--Vocational Rehabilitation Services Client Information
``Sec. 140. Review of data collection and reporting system.
``Sec. 141. Exchange of data.''.
SEC. 415. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this title shall take effect on the date
of enactment of this Act.
(b) Statewide System Requirements.--The changes made in the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.) by the
amendments made by this title that relate to State
benchmarks, or other components of a statewide system, shall
take effect--
(1) in a State that submits and obtains approval of an
interim plan under section 211 for program year 1997, on July
1, 1997; and
(2) in any other State, on July 1, 1998.
TITLE V--OTHER PROGRAMS
Subtitle A--Amendments to Immigration and Nationality Act
SEC. 501. PROHIBITION ON USE OF FUNDS FOR CERTAIN EMPLOYMENT
ACTIVITIES.
Section 412(c)(1) of the Immigration and Nationality Act is
amended by adding at the end the following new subparagraph:
``(D) Funds available under this paragraph may not be
provided to States for workforce employment activities
authorized and funded under the Workforce Development Act of
1995.''.
Subtitle B--Welfare Programs
SEC. 511. WELFARE REFORM.
(a) Findings.--Congress finds that--
(1) the current welfare system in the United States is
failing both the families who rely on the system and the
taxpayers who support the system;
(2) the current system encourages dependency and fails to
promote self-sufficiency adequately;
(3) one-size-fits-all approaches to welfare reform will not
work;
(4) in order to be most effective, reforms of the welfare
system should take into account the individual differences
among States and among families;
(5) in recent years there has been an alarming increase in
the number of births to unmarried teenagers;
(6) between 1986 and 1991, births to teenagers increased by
23 percent, from 50.2 to 62.1 births per 1,000 teenage
females;
(7) there is a crisis in the collection of child support
that is leaving thousands of families in poverty and is
increasing welfare costs to taxpayers; and
(8) in 1991, the United States Commission on Interstate
Child Support reported that $5,000,000 of the $15,000,000
awarded in child support in 1991 went uncollected.
(b) Sense of the Senate.--It is the sense of the Senate
that any welfare reform legislation enacted by the Senate
should be based on the following principles:
(1) Individuals on welfare should, from their first day on
welfare, accept responsibility for themselves and their
families. The receipt of welfare benefits by an individual
should be conditioned on a partnership between the individual
and the State in which the partners clearly delineate the
steps that the family of the individual will take to enable
the individual to move off welfare and into the workforce as
well as the services, including child care, that will be
provided by the State to enable the family to become self-
sufficient. If an individual on welfare
[[Page S 14825]]
fails to meet the responsibilities of the individual there should be
consequences, such as a reduction in welfare benefits.
(2) Each State should be given more flexibility to design
welfare programs that effectively respond to the needs of
welfare recipients in the State.
(3) Welfare reform legislation should effectively respond
to the alarming increase in births to teenage parents.
(4) Both parents have the responsibility for providing
financial support for their children, even if the parents are
divorced or were never married. Welfare reform should be
accompanied by aggressive efforts to improve the collection
of child support.
(5) Welfare reform legislation should recognize the
interaction between the welfare system and the statewide
system to alleviate unintended consequences for persons other
than welfare recipients who are in need of workforce
development activities, as described in this Act.
(6) Neither political party contributes all of the best
policies for welfare reform, so welfare reform legislation
should have widespread bipartisan support.
TITLE VI--REPEALS OF EMPLOYMENT AND TRAINING AND VOCATIONAL AND ADULT
EDUCATION PROGRAMS
SEC. 601. REPEALS.
(a) Immediate Repeals.--The following provisions are
repealed:
(1) Section 204 of the Immigration Reform and Control Act
of 1986 (8 U.S.C. 1255a note).
(2) Title II of Public Law 95-250 (92 Stat. 172).
(3) The Displaced Homemakers Self-Sufficiency Assistance
Act (29 U.S.C. 2301 et seq.).
(4) Section 211 of the Appalachian Regional Development Act
of 1965 (40 U.S.C. App. 211).
(5) Subtitle C of title VII of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11441 et seq.).
(6) Section 5322 of title 49, United States Code.
(7) Subchapter I of chapter 421 of title 49, United States
Code.
(b) Subsequent Repeals.--The following provisions are
repealed:
(1) Section 6(d)(4) of the Food Stamp Act of 1977 (7 U.S.C.
2015(d)(4)).
(2) 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)).
(3) The Adult Education Act (20 U.S.C. 1201 et seq.).
(4) The Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.).
(5) The School-to-Work Opportunities Act of 1994 (20 U.S.C.
6101 et seq.).
(6) The Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(7) The Job Training Partnership Act (29 U.S.C. 1501 et
seq.).
(8) Part F of title IV of the Social Security Act (42
U.S.C. 681 et seq.).
(9) Title V of the Older Americans Act of 1965 (42 U.S.C.
3056 et seq.).
(10) Title VII of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11421 et seq.), other than subtitle
C of such title.
(c) Effective Dates.--
(1) Immediate repeals.--The repeals made by subsection (a)
shall take effect on the date of enactment of this Act.
(2) Subsequent repeals.--The repeals made by subsection (b)
shall take effect on July 1, 1998.
SEC. 602. CONFORMING AMENDMENTS.
(a) Immediate Repeals.--
(1) References to section 204 of the immigration reform and
control act of 1986.--The table of contents for the
Immigration Reform and Control Act of 1986 is amended by
striking the item relating to section 204 of such Act.
(2) References to title ii of public law 95-250.--Section
103 of Public Law 95-250 (16 U.S.C. 79l) is amended--
(A) by striking the second sentence of subsection (a); and
(B) by striking the second sentence of subsection (b).
(3) References to subtitle c of title vii of the stewart b.
mckinney homeless assistance act.--
(A) Section 762(a) of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11472(a)) is amended--
(i) by striking ``each of the following programs'' and
inserting ``the emergency community services homeless grant
program established in section 751''; and
(ii) by striking ``tribes:'' and all that follows and
inserting ``tribes.''.
(B) The table of contents of such Act is amended by
striking the items relating to subtitle C of title VII of
such Act.
(4) References to title 49, united states code.--
(A) Sections 5313(b)(1) and 5314(a)(1) of title 49, United
States Code, are amended by striking ``5317, and 5322'' and
inserting ``and 5317''.
(B) The table of contents for chapter 53 of title 49,
United States Code, is amended by striking the item relating
to section 5322.
(b) Subsequent Repeals.--
(1) Recommended legislation.--After consultation with the
appropriate committees of Congress and the Director of the
Office of Management and Budget, the Governing Board shall
prepare and submit to Congress recommended legislation
containing technical and conforming amendments to reflect the
changes made by section 601(b).
(2) Submission to congress.--Not later than March 31, 1997,
the Governing Board shall submit the recommended legislation
referred to under paragraph (1).
Amend the title so as to read: ``A bill to consolidate
Federal employment training, vocational education, and adult
education programs and create integrated statewide workforce
development systems, and for other purposes.''.
The Senate proceeded to consider the bill.
Amendment No. 2885
(Purpose: To provide a substitute amendment)
Mrs. KASSEBAUM. Mr. President, under the terms of the unanimous-
consent agreement relating to consideration of S. 143, I send to the
desk a substitute amendment.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Kansas [Mrs. Kassebaum] proposes an
amendment numbered 2885.
Mrs. KASSEBAUM. Mr. President, I ask unanimous consent that the
reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The text of the amendment is printed in today's Record under
``Amendments Submitted.'')
The PRESIDING OFFICER. The Senator from Kansas.
Mrs. KASSEBAUM. Mr. President, I am pleased that today the Senate is
considering Senate bill 143, the Work Force Development Act of 1995.
This legislation is the product of several years of bipartisan efforts
to bring about real and comprehensive reform of Federal job training
programs.
I do not think anyone would argue about the need for bold and far-
reaching change in our current patchwork of training programs. S. 143
provides that change.
The members of the Senate Labor and Human Resources Committee spent a
lot of time in a number of hearings considering innovative, creative
and constructive approaches to reform, and I am pleased that we are now
going to take up consideration of this bill under a time agreement and
give it our full attention.
Right now, the Federal Government runs well over 100 separate job
training programs, each with its own set of rules and regulations. In
combination, they create a maze of confusion to anyone who needs help
getting a job. As often as not, they spell disappointment, not results,
for those who have sought assistance in building a better life for
themselves and their families.
Year after year, the General Accounting Office [GAO] has worked
tirelessly to document how conflicting requirements and program overlap
have reduced effectiveness and added unnecessary costs.
What is worse, Mr. President, is that right now we have almost no
idea how well any of these programs are performing. The GAO concluded
that most Federal agencies have no idea whether their programs work.
As just one example, last year Senator Kennedy, the ranking member of
the Senate Labor and Human Resources Committee, and I asked Department
of Labor officials to tell us how many people are placed in permanent
jobs after they receive Federal training. With the exception of one
program, the Department of Labor keeps no records of how many people
get jobs after the taxpayers fund their training. I was not only
surprised by this finding but, frankly, troubled as well.
Mr. President, I concluded some time ago that the only way to truly
reform Federal job training was to wipe the slate clean and begin
again, and that is where the Work Force Development Act starts. This
bill repeals over 80 different job training programs. They are wiped
off the books, along with the stacks of regulations that go with them.
But the repeal of all the major Federal job training programs is just
the first step toward real reform. In place of these programs, S. 143
would give States and local communities the flexibility and the means
to fashion training programs and placement services that meet the local
needs of job seekers and employers alike.
This is a critical change if we want to be successful in helping
people find jobs. S. 143 would combine funds from these 80-odd programs
and turn them over to the States and, in turn, to local communities, so
that training programs will be tailored to actual jobs available in the
community.
Let me emphasize that the Work Force Development Act is more than
just another block grant proposal. I
[[Page S 14826]]
would like to discuss briefly four reasons why I believe this
legislation will bring a comprehensive transformation in our approach
to job-related training and education.
First, S. 143 will establish in each State a coordinated work force
development system where everyone, regardless of why they are
unemployed, can find help. Arbitrary eligibility requirements will be
gone, as will the duplication now being created by having separate,
independent programs offering essentially the same services.
Savings and greater efficiency are bound to result from
consolidation, as each State develops its own coordinated plan to meet
the needs of its workers and the private sector.
One-stop centers, broadly defined in the bill, form the cornerstone
of each State's system. These are places that will be easy to find and
easy to use. They will be available to anyone wanting to gain access to
basic services, such as job listings, placement help and counseling.
I think, Mr. President, we have done a poor job in our ability to
serve and assist those who are looking for jobs, and far too often,
there are many individuals who get lost in the cracks.
At these one-stop centers, individuals will be given the full array
of available options, from further education to on-the-job training in
private industry. Many States have already adopted the one-stop
approach, and S. 143 gives each State greater flexibility to adopt a
method that works for that State.
The second unique feature of this legislation is its emphasis on
accountability. In exchange for flexibility in the use of the funds,
each State must set goals and benchmarks laying out how they will
improve skills and provide real jobs.
This means that, for the first time, we will know exactly how many
persons getting training actually get a job and for how long. Further,
if a State fails to live up to its goals and benchmarks, it will face
monetary sanctions.
Unlike the current system, States will be accountable for real
results, and taxpayers will know what they are getting for their
Federal job training dollars.
The third key feature of S. 143 is the significant role it gives to
the private sector. It goes without saying that all the job training in
the world will not help unless there are jobs available at the end of
the road. Ultimately, it is the private sector that will provide these
jobs, and they must be brought into the system in an integral way to
help develop programs that work for each State and local community.
That is why the active and meaningful involvement of employers and
businesses is critical to the success of any job training effort. No
legislation can ever guarantee such involvement. Nevertheless, we have
assured that businesses, large and small, will be at the table in the
planning and implementation of the new system at every level--local,
State, and Federal.
In addition, the legislation provides an incentive for greater
business involvement, by permitting a limited portion of job training
funds to be used for economic development in States which establish
formal local boards.
Finally, and perhaps most important, this legislation will forge a
new link between education and training. Mr. President, there is one
thing that is fundamental to the success of any work force development
effort and that is sound, strong education programs. We have often
talked about the important link between quality vocational education
and job training. But we have done very little to really forge that
link in a way that will last, both at the Federal level and the State
and local level. Basic education is often the foundation, and should
be, of any successful job training program.
While vocational education is clearly aimed toward job preparation,
we have paid far too little attention to vocational education over the
years. It has been shoved off to the side and not made an integral part
of the total work force preparation process.
In spite of the obvious connections, vocational and adult educators
and job training providers have lived far too often in different
worlds. As often as not, they have operated independently, sometimes at
cross purposes.
The Workforce Development Act brings the education and training
communities together in each State through a collaborative planning
process. This process gives all interested parties the opportunity to
sit down together and work toward common goals.
Moreover, they will have every incentive to cooperate because the
stakes will be high. S. 143 provides that half of each State's funds be
placed in a flexible account to be used in whatever mix of education
and training the State sees fit. This flex account will be the vehicle
through which all parties will come together to develop a unified
training system.
This bill also brings down the walls between training and education
at the Federal level. Two offices--one in the Department of Labor, the
other in the Department of Education--are both eliminated. They are
replaced by a single Federal partnership to oversee State efforts,
reducing by at least one-third the number of Federal employees now
involved with work force training and education programs.
These four features, I believe, are really the heart of this
legislation. We will see the creation of a new initiative that I am
convinced will provide far better services than we currently do,
through the myriad job training programs that have been added on top of
each other over the years without thinking of how they should really
fit together.
These four features are one-stop centers, strong accountability,
private sector involvement, and links between education and training.
Together, they create a new, bold, and innovative approach to Federal
support of work force development.
In addition, the bill contains two provisions that deal specifically
with at-risk youth and the disabled. There is a separate subtitle for
Job Corps and other activities aimed at addressing the specific needs
of our most vulnerable young people.
There will be more discussion on Job Corps in the course of today's
debate. But I want to emphasize at the outset that Job Corps is not a
part of the block grant. Rather, it remains as a separate program that
is fully funded. However, it does mean an end to Federal administration
of the Job Corps Program, and allows the States the flexibility to
design a program with their Job Corps center that best meets the needs
of the population being served there.
Title II amends the Rehabilitation Act of 1973 to integrate
vocational rehabilitation programs into the State's training system,
while still recognizing the unique requirements of bringing the
disabled into the work force.
As I noted at the outset, Mr. President, many years of work have gone
into the development of this legislation. Members of the Labor
Committee, in particular, have devoted a great deal of time in helping
to shape this bill. I want to acknowledge all of their efforts as well
as the contributions made by a number of Members who do not serve on
the committee.
I also note that it would not have been possible to tackle a project
of this scope without the benefit of the expertise of that individual
Members brought to this issue.
Senator Frist was especially helpful in integrating vocational
rehabilitation programs for the disabled into the statewide system.
Senator DeWine played a key role in developing a separate provision for
at-risk youth. Senator Jeffords, as chairman of the Education
Subcommittee, was particularly helpful in shaping the education
provisions.
On the other side of the aisle, I want to recognize the support and
contributions of Senator Pell, ranking member of the Education
Subcommittee, whose early and steadfast support has been invaluable.
Likewise, the Senator from Nebraska, Senator Kerrey, deserves special
recognition. He has been a stalwart supporter of job training reform,
as a cosponsor of this bill in its earlier versions.
S. 143 has a broad spectrum of support that includes Governors,
representatives of the business community, and educators that will play
a key role in the development of this new system.
We have received letters of support from the Republican Governors
Association, the National Governors' Association, the State Board of
Vocational Technical Education, the National School Boards Association,
the American Vocational Association, the Council of Great City Schools,
the National
[[Page S 14827]]
Association of Manufacturers, the U.S. Chamber of Commerce, and the
National Alliance of Business.
Mr. President, I ask unanimous consent that these letters be printed
in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
State of Michigan,
Office of the Governor,
Lansing, MI, October 5, 1995.
Hon. Nancy Kassebaum,
Chairwoman, Senate Labor and Human Resources Committee, U.S.
Senate, Washington, DC.
Dear Senator Kassebaum: On behalf of the Republican
Governors' Association Workforce Development Task Force, we
write to indicate our strong support for S. 143, the
Workforce Development Act.
As you know, earlier this year, the RGA Workforce Task
Force developed a comprehensive statement of principles
outlining our vision and recommendations for consolidating
existing federal employment and job training programs. We
believe your approach as demonstrated in S. 143 lays the
groundwork for a statewide workforce development system and
meets many of the objectives we named.
While we strongly support S. 143 and urge the full Senate
to approve the bill, we oppose amendments that would
dismantle the intended consolidation, create new set-asides,
or impair the flexibility states would have in implementing
the Workforce Development Act. In particular, we oppose
amendments requiring mandatory vouchers and mandatory local
workforce boards or which limit the authority of Governors in
designing and implementing the statewide workforce
development system.
Regarding vouchers, while many states are interested in
experimenting with vouchers, this remains an untried and
unproven delivery system. While we support legislation
allowing states to use vouchers as an option, it is
inappropriate to impose a mandate at this time when states do
not have the administrative capability or resources to
immediately implement such a system.
This same reasoning applies to mandated local workforce
boards. We believe most Governors will choose to develop a
local delivery system. However, some states, in particular
small states, may not have the resources to efficiently
implement mandated local workforce development boards. It is
important to structure local partnerships in a manner best
suited for states while recognizing individual differences in
the states.
Concerning FUTA issues, we support your efforts to ensure
that FUTA revenues remain dedicated to their intended
purposes while integrating them into a statewide workforce
development system under a Governor's strategic control. We
appreciate your work in this direction.
Finally, we believe provisions of the bill providing a 25%
set-aside in funding for State Education Agencies should be
included in the same block grant that flows to Governors for
design of a statewide workforce development system. Education
services are a critical component of successful career
preparation and training programs. Providing Governors with
greater access and linkage to education services will enable
us to deliver a uniform, integrated and accountable workforce
development delivery structure and eliminate duplication. We
appreciate your serious consideration of options to address
this issue, and our staff's are prepared to work with you in
discussing possible courses of action.
Again, we thank you and your staff for your excellent
leadership and hard work. We appreciate the positive working
relationship we have enjoyed and the many opportunities you
have provided us to participate in the drafting process. We
look forward to continuing to work with you as you conference
S. 143 with the House CAREERS Act.
Sincerely,
Tommy G. Thompson,
Governor of Wisconsin.
John Engler,
Governor of Michigan.
Terry E. Branstad,
Governor of Iowa.
Christine Todd Whitman,
Governor of New Jersey.
George V. Voinovich,
Governor of Ohio.
____
National Governors Association,
Washington, DC, October 6, 1995.
Hon. Nancy Landon Kassebaum,
Chair, Committee on Labor and Human Resources, U.S. Senate,
Washington, DC.
Dear Senator Kassebaum: We are pleased that the Senate will
consider S. 143, the Workforce Development Act, next week and
want to express our strong support for your efforts to reform
and consolidate federal workforce development programs. While
we remain concerned about funding setasides within the block
grant, we believe that this legislation gives states great
flexibility while holding us accountable for achieving
results. This flexibility is especially critical given
federal funding reductions in these programs.
As you put the finishing touches on S. 143 and take up
amendments on the floor, our paramount concern is that you
give Governors room to design programs that best meet the
unique needs of our individual states. States have been
moving toward integration of workforce development programs
for at least a decade. It is imperative that federal
legislation recognize the diversity of these efforts and not
override state innovation with overly prescriptive federal
rules or mandates. Therefore, we support any modifications
that may be made to the bill that would increase the ability
of states to develop a fully integrated workforce development
system. In addition, we would support the availability of
national reserve funds to assist states in the event of
natural disasters, mass layoffs or to meet the needs of
migrant workers.
We strongly oppose, therefore, amendments that move the
bill toward federal micromanagement of the program. These
include the following amendments:
An amendment to be offered by Senator Breaux to mandate the
use of vouchers for job training services to dislocated
workers. Governors support the bill's option for states to
use vouchers and many states plan to test the use of them. We
cannot support, however, mandating nationally this new
service delivery mechanism.
Two amendments to be offered by Senators Jeffords and Pell.
The first would place further restrictions on how states may
use block grant funds by moving funds out of the ``flex
account'' and into the setasides for workforce education and
workforce employment activities. If this amendment were
adopted, two thirds of the block grant funds would be rigidly
assigned to certain activities, giving states flexibility
with only one-third of the funds. The second Jeffords/Pell
amendment would dictate what proportion of funds may be used
for vocational versus adult education. We oppose this
amendment as further limiting the ability of states to
allocate funds according to their citizens' needs.
An amendment that may be offered by Senator Ashcroft to
require states to conduct drug tests of clients served by
workforce development. Given that federal workforce
development aid is already being reduced in the
appropriations process, we would view this requirement as an
unfunded mandate.
An amendment to be offered by Senator Kyl to mandate local
workforce boards. While many Governors do intend to create
such boards, this decision should be left to states.
Finally, we are concerned about some provisions of S. 143
and hope that we may work with you to resolve them before
final passage of any federal workforce legislation. First, we
understand that you have added to the bill a provision which
preempts state law and court rulings in at least six states
by requiring that all block grant funds be subject to all
procedures and rules applicable to state funds, including
appropriation by state legislatures. We strongly object to
this attempt to rewrite state laws through federal
legislation and ask that this provision be stricken from the
bill. The inclusion of this language could result in funds
being allocated in a way that overrides the collaborative
process involving the Governor, business representatives, the
state education agency, and others required by the bill. If
this occurs, state accountability will be lost because there
will be no link between the state plan, including state goals
and benchmarks, and the allocation of funds.
Similarly, the bill would overturn existing authority for
adult and vocational education in at least 15 states by
giving sole authority for these programs to state education
agencies. State education agencies do not now have authority
over funding or administration of these programs in these
states. We ask that you revise the bill to recognize the full
range of entities that now fund and administer these
programs.
We remain opposed to the segregation of block grant funds
and administration into workforce employment and workforce
education categories. We strongly believe that these
activities should be integrated as much as possible, as
Congress did under the School-to-Work Opportunities Act. The
collaborative group of state education officials, the
Governor, workforce officials, and others should be
responsible for all of the state plan and all of the funding,
not just for the strategic plan and ``flex account'' funds.
This is the only way to achieve an integrated system. We look
forward to working with you and your staff during the
conference process to give states as much opportunity as
possible to integrate workforce activities.
We strongly oppose the bill's requirement that individuals
in need of job training have a high school diploma or GED, or
be enrolled in adult education, before entering job training.
There is no clear evidence that having a GED increases
individuals' employability or earnings, and we believe
barring these individuals from training is counterproductive.
Indeed, research shows that upgrading basic skills within the
context of job training can be much more effective than adult
education alone. Furthermore, the adult education system does
not have the capacity to serve all of these individuals and
therefore this requirement could pose an unfunded mandate on
states, especially since Congress is simultaneously reducing
federal job training and adult education aid to states. This
requirement poses a particular problem for serving welfare
recipients because, under the Senate's welfare bill, job
training may be counted toward meeting work participation
rates but adult education may not be counted.
Thank you for considering our views. We look forward to
working with you to achieve
[[Page S 14828]]
final passage of workforce development reform legislation this year.
Sincerely,
Gov. Arne H. Carlson,
Chair, Human Resources Committee.
Gov. Tom Carper,
Vice Chair, Human Resources Committee.
____
State Directors,
Vocational Technical Education,
Washington, DC, October 5, 1995.
Hon. Nancy Landon Kassebaum,
Chair, Senate Labor and Human Resources Committee, Russell
Office Building, Washington, DC.
Dear Chairman Kassebaum: We are writing in strong support
and with special appreciation for your leadership and strong
commitment to the American workforce and to the country's
Vocational Education system. The National Association of
State Directors of Vocational Technical Education (NASDVTEc)
strongly supports the passage of S. 143, the Workforce
Development Act of 1995.
Our organization's support is based on S. 143's clear
commitment to high quality vocational technical education.
The bill provides the opportunity for flexibility, adaptation
and change that is essential to the continuous improvement of
the vocational technical education system, while assuring a
positive partnership between state and local education
agencies to plan, administer, and improve programs. We are
pleased that the bill provides agencies to plan, administer,
and improve programs. We are pleased that the bill provides a
specific allocation for education and for the maintenance of
state and local funding. These are critical elements to
assuring that high quality vocational technical education is
available.
NASDVTEc is concerned that the current reduced
authorization level (a result of programs being removed from
the bill) may jeopardize the ability of the vocational
education system to continue to expand and improve to meet
the rapidly changing technical needs of employers. We support
efforts to return funding for workforce education to its
original or increased level.
Thank you for your leadership in preparing this important
legislation. NASDVTEc also wants to thank and commend your
staff, in particular Wendy Cramer, for her dedication and
patience throughout this process. If you have any questions
or need any additional information, please do not hesitate to
contact me or Kimberly A. Kubiak, NASDVTEc's Associate
Executive Director at 202-737-0303.
Sincerely,
Madeleine B. Hemmings,
Executive Director.
____
State Directors,
Vocational Technical Education,
Washington, DC, October 5, 1995.
Member,
U.S. Senate,
Washington, DC.
Dear Senator: The National Association of State Directors
of Vocational Technical Education (NASDVTEc) strongly urges
you to vote in favor of S. 143, the Workforce Development Act
of 1995 when the Senate considers it on Tuesday, October 10,
1995.
Our organization strongly supports S. 143 because of its
explicit commitment to quality Vocational Technical
Education. The bill provides the opportunity for flexibility,
adaptation and change that is essential to the continuous
improvement of the vocational technical education system,
while assuring a positive partnership between state and local
education agencies to plan, administer, and improve programs.
We are pleased that the bill provides a specific allocation
for education and for the maintenance of state and local
funding. These are critical elements to assuring that high
quality vocational technical education is available.
NASDVTEc is concerned that the current reduced
authorization level (a result of programs being removed from
the bill) may jeopardize the ability of the vocational
education system to continue to expand and improve to meet
the rapidly changing technical needs of employers. We support
efforts to return funding for workforce education to its
original or increased level.
Thank you for your support of this nation's only
Occupational Education System. If you have any questions or
need any additional information, please do not hesitate to
contact me or Kimberly A. Kubiak, NASDVTEc's Associate
Executive Director at 202-737-0303.
Sincerely,
Madeleine B. Hemmings,
Executive Director.
____
NSBA,
Alexandria, VA, October 5, 1995.
Member,
U.S. Senate,
Washington, DC.
Dear Senator: On Tuesday, October 10, you will be faced
with a floor vote on S. 143, the Workforce Development Act.
School board members are pleased that this bill reflects many
provisions that are good for education and we are in support
of this legislation. The National School Boards Association
represents 95,000 local school board members nationwide who
make the key fiscal and education policy decisions for local
school districts.
NSBA wants to commend Senator Kassebaum for her sponsorship
and leadership during the months of debate on this bill. She,
along with committee staff from Senate Labor and Human
Resources, have been strong advocates for vocational
education and local control. Her bill, S. 143, contains the
following provisions which NSBA completely support:
(1) A guaranteed workforce education allocation of not less
than 25% in the block grant funds;
(2) A local governance structure in which the local
education agencies (LEAs) apply to the state education
agencies (SEAs) for funds and the LEAs are represented on
local workforce development boards;
(3) A uniform substate formula for the funds to be
distributed directly from the SEAs to the LEAs; and
(4) A supplement, not supplant statement, thereby ensuring
that the federal vocational education dollars are used to
improve local education programs.
Despite the disappointing authorization level for this
legislation, NSBA supports the many fine education provisions
in S. 143. NSBA urges you to vote for this bill and not to
support any floor amendments which would remove any of these
education components. If you have any questions or concerns,
please contact Kathryn L. McMichael, Director, Federal
Relations, 703-838-6782.
Thank you for your support.
Sincerely,
Roberta G. Doering,
President.
Thomas A. Shannon,
Executive Director.
____
American Vocational Association,
Alexandria, VA, October 4, 1995.
Hon. Nancy Kassebaum,
Chair, Labor and Human Resources Committee, Russell Office
Building, Washington, DC.
Dear Chairman Kassebaum: Thank you very much for all of
your efforts to develop a consolidation proposal for
vocational education and job training which underscores the
value of quality workforce education. The American Vocational
Association (AVA) actively is urging the passage of the
Workforce Development Act (S. 143).
Since the earliest drafts of this bill were circulated, AVA
has been very supportive of the structure of S. 143. We are
pleased that the bill promotes innovative approaches to
planning and implementing workforce education activities
while retaining the critical expertise and authority of state
and local educators in developing and administering education
programs. Further, your commitment to a specific allocation
of education, as well as a sub-state distribution formula and
the maintenance of state and local funding, are critical
components in attaining the highest quality workforce
education.
With the passage of the CAREERS Act in the House, which AVA
opposed, it is even more imperative that your bill pass the
Senate and that its structure be preserved in conference.
While earlier versions of S. 143 contained a higher
authorization level due to the incorporation of a few
programs which have now been removed, the resulting bill cuts
the authorization to a degree that jeopardizes the potential
to improve the quality and expand the availability of
vocational education programs. Therefore, AVA urges the
passage of the Pell-Kennedy amendment to change the
allocation of workforce education, workforce employment, and
flexible funds to an even one-third allocation for each.
Again, thank you for your leadership in preparing this
important legislation and for considering our views. I also
want to thank and commend your staff, particularly Wendy
Cramer and Carla Widener, for their dedication and assistance
throughout this process. If you have any questions or need
additional information, please feel free to contact me or
Nancy O'Brien, AVA's Assistant Executive Director for
Government Relations, at 703/683-3111, ext. 311.
Sincerely,
Bret Lovejoy,
Executive Director.
____
Council of the Great City Schools,
Washington, DC, October 3, 1995.
Hon. Nancy Kassebaum,
Chairman, Senate Committee on Labor and Human Resources, U.S.
Senate, Washington, DC.
Dear Senator Kassebaum: The Council of the Great City
Schools, the coalition of the nation's largest urban school
districts, is pleased to support S. 143, the Workforce
Development Act, as it moves to consideration by the full
Senate. Your efforts to maintain a distinct occupational
education program for secondary students, which is designed
and delivered by the nation's schools reflects an important
commitment to continuing progress toward the educational
goals of the country.
Your bill not only addresses many of the larger issues
surrounding occupational education and training, but also
specifically deals with important operational details which
can make or break a federal legislative initiative, such as
the intrastate distribution of funds, and maintenance of
effort.
While the Council cannot endorse the lowering of the
authorization of appropriations, we still support your bill.
One very specific area of concern, however, relates to the
loss of the JOBS and other authorizations during the floor
action on Welfare Reform. The removal of these authorization
levels will lower the overall funds available for the block
grant, and thereby also lower funds available for the 25%
set-aside for workforce
[[Page S 14829]]
education. The Council, therefore, is requesting that you support a
potential Pell-Kennedy amendment to adjust each of the set-
aside percentages in the block grant to 33%.
As you might imagine, the Council of the Great City Schools
rarely supports block grant legislation. However, your
efforts to craft a pragmatic piece of legislation and to
reach out for input from our organization and our colleagues,
as well as to the other side of the aisle, require
appreciative acknowledgment and our support.
Sincerely,
Michael Casserly,
Executive Director.
____
October 5, 1995.
Dear Senator: We write to ask you to vote for S. 143, the
Workforce Development Act when it comes before the Senate for
consideration on Tuesday, October 10. This legislation
maintains the integrity of federal investment in the quality
of vocational-technical education and access to adult
education, and respects state sovereignty and local authority
for education. The separate allocation for workforce
education programs and provisions for the active involvement
of state and local education agencies and officials in the
planning of a comprehensive workforce development system are
critical components of America's high-skill, high-wage
economy of the 21st Century.
We enthusiastically support the following provisions of S.
143:
A guaranteed allocation of block grant funds for workforce
education programs and activities;
Planning and administration of the workforce education
program by state and local education authorities and
postsecondary institutions, together with procedures for
their participation in the development and approval of
comprehensive workforce development plans;
A uniform substate formula for distribution of workforce
education funds to local schools and postsecondary
institutions; and
Assurances that state and local financial effort will be
maintained and that federal funds will supplement, not
supplant state and local resources for vocational-technical
and adult education.
Together these provisions will help sustain a national
priority on the quality of the vocational-technical education
our students need and access to adult education. They will
more closely connect programs under this Act to federal,
state and local funding streams for improved education and
training. We urge your support of these provisions and call
your attention to potential floor amendments.
SUPPORT ONE-THIRD ALLOCATION FOR EDUCATION
First, we have a major concern about the total funding for
vocational/technical education under this Act and seek your
support to increase it. The specific allocations for
education and job training within the Workforce Development
Act were initially calculated to approximate current federal
investment in the antecedent programs. However, removal of
the JOBS and food stamp employment authorities from the block
grant subantitally reduces the total funds available for the
Act. The potential impact the legislation offers for planning
and sustaining necessary workforce development is jeopardized
if the minimum allocations for workforce education and
workforce employment programs are insufficient. We strongly
urge your support of the Pell-Kennedy amendment which will be
offered to raise the guaranteed allocation of education and
job training funds from 25 percent of each component to 33\1/
3\ percent of the block grant for each component.
OPPOSE UNDERMING OF WORKFORCE EDUCATION
Second, we urge also that you oppose any amendment which
would undermine or eliminate specific allocations of funds
for workforce education activities and oppose any amendment
which would supersede state sovereignty and local control in
the governance and administration of education.
On behalf of the students, parents, teachers, school
leaders, postsecondary providers, and state education
officials we represent, we urge your support of S. 143
together with the positions on amendments listed above. Thank
you for consideration of our views and concerns.
Sincerely,
American Association of Family and Consumer Sciences.
American Association of School Administrators.
American Vocational Association.
California Department of Education.
Council for Educational Development and Research.
Council of Chief State School Officers.
Council of Great City Schools.
National Association of Secondary School Principals.
National Association of State Boards of Education.
National Association of State Directors of Vocational and
Technical Education Consortium.
National School Boards Association.
Texas Education Agency.
Vocational Industrial Clubs of America.
____
National Association of Manufacturers,
Washington, DC, October 4, 1995.
Hon. Nancy Kassebaum,
Chair, Labor and Human Resources Committee, U.S. Senate,
Russell Senate Office Building, Washington, DC.
Dear Senator Kassebaum: For more than two years, we have
supported consolidation and reform of the current plethora of
federal job-training programs. We congratulate you, as the
chairwoman of the Senate Labor and Human Resources Committee,
on your persistent and creative efforts to design a system
that is cost-effective, reduces duplications and targets real
jobs with systematic involvement of the business community.
You have consistently responded to our concerns. You have
been open to the views of the business community as well as
other constituencies. You have worked in a bipartisan fashion
with Senator Kennedy and your committee to structure a fair
approach. S. 143, the Workforce Development Act of 1995,
creates a road map for reform and should receive the full
endorsement of the Senate when it takes up this measure next
week.
The status quo is unacceptable. While there may be ways in
which S. 143 could be made even better, we believe swift
passage is the correct course. Then we can begin to address
the need for a job-training system that works effectively
today, when fewer dollars must be spent more wisely. We plan
to work closely with you and others on these matters.
Job-training reform is long overdue. It is essential to
move forward with the effort to create effective programs
that will help the U.S. workforce be the best in the world.
We at the NAM and our affiliates at the state level plan to
be vigorously involved in the eventual implementation of this
effort.
Sincerely,
Paul R. Huard.
____
Chamber of Commerce of the United States of America,
Washington, DC, October 5, 1995.
Members of the U.S. Senate: The U.S. Chamber of Commerce,
representing 215,000 businesses, 3,000 state and local
chambers of commerce, 1,200 trade and professional
associations, and 73 American Chambers of Commerce abroad,
urges your support for the Workforce Development Act (S.
143), which is scheduled for floor consideration on October
10.
The Workforce Development Act, sponsored by Senator Nancy
Kassebaum (R-KS), contains many provisions that the Chamber
supports, S. 143 would consolidate and decentralize roughly
100 federal education and training programs into a simpler,
integrated block grant system for states. The bill also would
enable small businesses and local chambers of commerce to
compete with the public sector in the delivery of education
and training services; recognize the important role of
business in the design and implementation of the new system;
and promote the effective use of technology and the
development of labor-market information to orient education
and training services.
In addition to these provisions, the Chamber is encouraged
that the Workforce Development Act maintains the important
goal of preparing students and workers for skills needed in
the modern workplace. S. 143 aims to achieve this goal by
adopting many new approaches to workforce development.
Examples include promoting the use of vouchers rather than
funding streams for institutions and programs; establishing
user-friendly, one-stop delivery centers where individuals
and employers can share and obtain relevant job information;
opening the door to new measures of accountability rather
than relying on the old measure bureaucratic processes; and
encouraging the creation of effective business-education
partnerships.
Many, if not most, of these provisions are found in the
Chamber's policy statement on restructuring the federal
training and employment system. A copy of this statement is
attached, for your review.
For American business, the knowledge and skills of
employees are the critical factors for economic success and
international competitiveness. The Workforce Development Act
embodies language that can help achieve this end of creating
a world-class workforce development system that is responsive
to today's skill needs. Again, we urge your support for S.
143, and your opposition to any weakening amendments. Doing
so will dramatically enhance the possibility of enacting
meaningful workforce development legislation during the 104th
Congress.
Sincerely,
R. Bruce Josten.
____
National Alliance of Business,
Washington, DC, October 6, 1995.
Hon. Nancy Landon Kassebaum,
Chairperson, Committee on Labor and Human Resources, U.S.
Senate, Washington, DC.
Dear Senator Kassebaum: On behalf of the Alliance, I
strongly support Senate passage of S. 143, the Workforce
Development Act of 1995. I commend you highly for the
consistent bipartisan, consultative approach you have
employed, especially with the business community, while
developing the text of S. 143 for Senate action on October
10. The legislation takes an historic step toward
consolidating dozens of education and training programs into
an integrated workforce development system for the states.
The business community supports the innovations in the bill
authorizing governors to use proven methods for business
involvement such as establishing state and local workforce
development boards to help ensure a close link between the
services provided and skills needed in the modern workplace.
We support one-stop career centers and the use of vouchers.
We applaud the emphasis on
[[Page S 14830]]
program results and accountability for performance, especially against
high standards, and the integration of academic achievement
with work-based learning.
Provisions in the bill giving a lead role in the design,
management, and evaluation of workforce development systems
are particularly good when the governor chooses the option of
establishing state and local workforce development boards. We
believe that a workforce development system will not work
effectively without a lead role of employers. Our view, as
you know, prefers to mandate the establishment of local
workforce development boards for this purpose.
As you go on to perfect this bill throughout the
legislative process, I look forward to working with you to
strengthen the role of business in the system, so that the
bill's primary goal of workforce preparation and development
meets the competitive needs of employers.
Under the bipartisan leadership you have employed and the
continued cooperation between the business community and your
committee, I am confident that this legislation can result in
the most effective workforce preparation system possible for
our country.
Sincerely,
William H. Kolberg,
President.
Mrs. KASSEBAUM. Over the past few years, I believe a bipartisan
consensus has developed on the need to overhaul current Federal
training efforts. I want to especially acknowledge the cooperation of
the ranking member, Senator Kennedy, in moving this bill forward.
Although we may not be in complete agreement about the solution,
Senator Kennedy and I share the desire to reform the current fragmented
system. Senator Kennedy has been a strong advocate for consolidation at
the State level. His input in strengthening this bill has been most
constructive. I am appreciative of his efforts and support in seeing
this legislation fashioned and brought to the floor.
Past job training legislation has reflected a tradition of bipartisan
cooperation and support. I hope, as we consider this bill today, we
will be able to resolve our remaining differences and emerge with
strong work force development legislation that all of us can support
and that will be of benefit to all who will be served in the process.
Mr. President, I yield the floor.
Mr. KENNEDY addressed the Chair.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KENNEDY. Mr. President, later on today, hopefully, we will have
an opportunity to take action on an area of public policy which is of
great significance and importance to working families in this country
and of great significance and importance to the United States as a
nation and its ability to compete--be a competitive society in our own
country and also for the United States to be able to compete in the
world.
At the outset, I commend the Chair of our Human Resource Committee,
Senator Kassebaum, for her tireless work in bringing this legislation
to the U.S. Senate and for her enormously effective manner in reaching
out to Republicans and Democrats alike in trying to sift through
various recommendations and ideas and suggestions, to galvanize those
into an effort which reflects her driving sense that what is necessary
is that we develop training programs that will be suitable for this
Nation as we move into the next century, but that also understands
there is a proliferation of those programs and there has to be a
consolidation, a direction, a flexibility that is retained at the local
level in communities, with inputs from the States and local
communities, from the business and private sector as well as workers in
those communities.
This has been a challenging responsibility. I think all of us in the
Senate marvel at her energy and her prioritizing this important area of
public policy. To many, probably, in this institution as well as across
the country, training programs appear to be something that are rather
mundane, but we recognize that without training, continuing upgrading
of skills, the inputs of education, the interlocking relationships
between training programs and the private sector, the impact on
individuals and families in this country really would be profound.
So, this is a very important effort. It was a priority of Senator
Kassebaum since the time she became Chair and a priority of hers long
before, when she was a driving force in our committee to make better
sense out of our training and education programs. All of us in the
Senate are really grateful for her continued leadership in this very,
very important policy area.
For the past 3 years, the members of our committee worked together to
consolidate the outdated, overlapping variety of Federal job training
and job education programs to create a more effective system providing
these services and opportunities for youths and adults. The challenge
facing the Nation on this issue is extremely serious. It is gratifying
we are able to address it in a genuine spirit of bipartisanship.
For nearly two decades, the income gap between the rich and the poor
in the United States has been widening. I will come back to this issue
in a few moments. A major part of the problem is that the wages of low-
and middle-income workers have been stagnating or declining throughout
this period while upper income groups have received much of the benefit
of a growing economy. That pattern cannot continue without imposing
unacceptable costs on our Nation and our security. This legislation is
a key part of our answer to that challenge. It offers a better approach
to job training and job education that are the heart of our efforts to
improve the skills of American workers in the modern economy.
We are very much in agreement on the need to consolidate and
streamline the current fragmented system of multiple job training
programs at the local level. Many of our early ideas came in response
to the bipartisan ``America's Choice, High Skills or Low Wages?''
report in 1990, of the Commission on the Skills of the American Work
Force, led by former Secretaries of Labor, Bill Brock and F. Ray
Marshall. It was a truly bipartisan effort where we had the former
Secretary of Labor under President Carter and the former Secretary of
Labor, Bill Brock, who had been a Republican Senator from Tennessee.
The members of their committee, which was reflective of business and
labor, made a series of recommendations which I will come back to in
just a few moments.
One of the major problems highlighted in the report was that the
United States is not well organized to provide the highly skilled
workers needed to support the emerging high performance work
organizations. Public policy for worker training has been largely
passive. This legislation is, in large measure, a long overdue response
to that report. It addresses the maze of training and education
programs, created over many years, for youths and adults seeking the
skills and training needed for successful careers.
The job training portions of the Workforce Development Act are a
major improvement over current law. They provide the information
necessary to tell us, for the first time, whether job training programs
are successful in improving the employment skills and earning power of
American workers, and they provide needed incentives and sanctions to
help us reach our goals.
One of the dilemmas we find ourselves in at the present time is, with
the proliferation of various training programs, in many instances, too
many instances, the individual being trained is uncertain of the skills
that he or she is actually obtaining; at the time of the employment,
the employer is unsure of those particular skills; and the taxpayers
are unsure how their tax dollars are actually being invested and how
valuable that investment really is. That is too often the current
situation.
This is an attempt to make sure, No. 1, individuals who are involved
in training programs are going to receive the good training and the
skills necessary to compete in the economy; No. 2, that the employer is
going to know the skills that individual actually has; and, No. 3, the
taxpayer is going to know the investment in that individual and in that
program is going to mean a stronger economy for us in the future that
is going to benefit all of the American community. It is that desire to
achieve, with variety, in a flexible way, those goals that is the
underlying factor in terms of the support for this legislation.
The bill also lays the foundation for accomplishing two of the
highest priorities of a bipartisan majority of the last Congress:
effective school-to-work programs for non-college-bound youths, and the
one-stop career centers for adults.
[[Page S 14831]]
When we recognize that three out of four young people who graduate
from high school are not going on to higher education but are going on
into the job market, and when we take a look at what is happening in
the job market for those individuals who just graduate from high
school, the difficulty they have in getting an early entry job that
provides any meaningful opportunity of acquiring skills necessary to
move forward in the economy, we understand the challenge before the
country, particularly the limited opportunities for many of these young
people. It has been as a result, again, of the bipartisan efforts in
the school-to-work programs that we have found advantage in addressing
this issue. There have been a number of States that have been moving,
with the encouragement of the school-to-work program, aggressively in
this area with very, very strong support.
I can think of examples, both of Governor Thompson, a Republican, and
his strong support for those concepts in the State of Wisconsin; also
the former Governor of the State of Maine, who had been very active in
the development of those programs.
This legislation would consolidate funds from a variety of programs
and provide funds to States in the form of block grants. Major programs
to be consolidated include the Job Training Partnership Act, the JTPA,
Carl Perkins Vocational and Applied Technology Act, and the Adult
Vocation Act. In addition, nearly 90 other job training and job
education programs are included in this consolidation effort.
Mr. President, this effort that we have here today follows the
attempt by Congress to be more effective in terms of the training
programs. I think all of us understand the complexity and the
difficulty that we have in doing a good job in terms of encouraging the
acquisition of high grade skills in the individual and in the labor
market area.
This represents, I think, the fourth great effort that this country
has been involved in various training programs. We had the manpower
demonstration administration years ago where we went through the CETA
programs. They were discarded in the early 1980's with the leadership
and the bipartisan effort that was made under the Senator from Indiana,
Dan Quayle, in the development of the JTPA, which was an attempt to try
to bring leaders within the local communities into the development of
what was called the PIC organizations so that we would address and
develop the skills that were necessary within the local community using
leaders, business, community leaders, workers as well in those
particular areas.
There have been a number of different communities where that
particular formula worked extraordinarily well. One of them is my own
city of Boston where they developed within the private sector what was
called effectively the technology prep schools which involved the
financial institutions in the high schools and a number of the health
professions in high schools. The development of the public and private
partnership had a very significant success in a number of our
communities. But still, there were too many areas where there were gaps
and failings. It is with the review of both the advantages and the
disadvantages of that program that Senator Kassebaum has developed the
Workforce Development Act to take advantage of the lessons that were
developed through that JTPA in the early 1980's and also the
recommendations that have been made upon review of that program and how
that program actually could be strengthened.
With the funds available under the block grants, the bill requires
each State to spend at least 25 percent of the totals on work force
education and another 25 percent on work force employment activities.
The remaining 50 percent will be placed in a flex account by which the
State will be free to assign to another educator the employment
activities. There is always the balance between giving the maximum
flexibility into a community that can do an extremely effective job.
I am very proud of the initiatives which have been developed in my
own State of Massachusetts that really developed under Governor Dukakis
and have been continued under Governor Weld. In particular, Lieutenant
Governor Cellucci has really done an extraordinary job with maximum
flexibility.
So we want the maximum flexibility to permit these effective programs
to grow, and then we also do not want to be into a situation where we
are just effectively providing funding that will not be used
effectively for those purposes of training and enhancing education. It
is balanced.
Senator Kassebaum has fought and led our committee with great insight
to make sure that the degrees of flexibility are going to be preserved
at the local level to the maximum extent possible. This is something
which I think is ensured in this legislation.
The dramatic and fundamental change proposed in the legislation will
take place under a 3-year State work force development plan. Within
this plan the State will include a strategic analysis which will
describe the allocation choices for the funds in the flex account. The
plan will also include the activities the State will undertake within
the work force education and employment functions in order to meet the
established benchmarks and goals. This bill mandates that each State's
plan must include the establishment of a comprehensive one-stop
delivery system which will provide the required course services, labor
market information, and job placement activities. The corps services
will include skill assessment, job search, placement assistance,
employment screening referral and local labor market information--that
sort of one-stop area so that individuals will be able to come into
this one-stop area where there will be the assessment of that
individual's skills where the job market is, which training programs
have been effective, and being able to use the latest in terms of
information services so individuals will be able to know which training
programs result in individuals actually gaining employment, what their
wages will be, reviewing of what the effectiveness of that program will
be in 2 years or 3 years down the road so people will say, ``Well, when
we go into this program, we know that we have the best opportunity
developing the kind of skills and that we will have employment not just
for 6 months, but for 2, 3 years, and our opportunities to make
advancement will be considerable.''
That kind of consolidation with one-stop shopping is virtually
nonexistent in some communities where there has been development of
those programs. The opportunities now with the new kinds of information
sharing, computers, and research offers up extraordinary possibilities
in terms of enhanced training in the evaluation of these programs.
I underscore what the Senator has said; that is, this very careful
evaluation of the various programs that are being developed so that we
will have the best information about knowing which programs are working
and which ones are weaker.
Another hallmark of the legislation is the extent of flexibility
provided to the States. In those States committed to developing the
postdelivery system, the benefits will be substantial to those with
significant information and assistance. As an example, the work force
employment activities are accompanied by an extensive list of
permissive services which may be offered to recipients, including the
on-the-job training skill and greater entrepreneurial training.
As we know now as compared to where we were 20 or 30 years ago, even
in the early part of the 1960's, for someone who worked in the Quincy
shipyard on the south shore of Massachusetts--their father probably
worked there and their grandfather worked there, and they worked
there--they were able to make a very good living. What we have now in
the development of the labor market is a recognition that an individual
will probably have seven different jobs over the course of their
lifetime. And those jobs, in many instances, will necessitate different
kinds of skills.
We are dealing with an entirely different kind of labor market
situation. This is an attempt to really move us from the past in terms
of the types of skills into the modern age and doing it in a variety of
different ways that have been outlined by Senator Kassebaum.
There will be amendments that will be offered by our colleagues. I
will refer to those in just a moment or two.
[[Page S 14832]]
With respect to the job education, the funds come primarily from
vocational education and adult education. The legislation requires a
variety of corps activities to be funded with a 25-percent share of the
block grant and the flex account allocated to education. These corps
activities include vocational education, technology prep, secondary and
postsecondary linkages, literacy and basic education services for adult
and out-of-school youth, and the integrated academic curriculums.
As Senator Kassebaum also pointed out, this bill authorizes $2.1
billion for education and training activities for at-risk youth. These
funds will help to fund the Job Corps activities.
I will also come back to that issue in the course of the debate, and
there will be an amendment offered to change the Job Corps rather
significantly doing effective kinds of evaluation but basically to
preserve the basic and fundamental structure on that program. We will
have an opportunity to debate that later in the course of the day.
We have also included a mandatory requirement for the summer youth
programs be funded from these resources. The summer youth program is
enormously important. Also included in the summer youth programs will
be the educational components which have been found to be so important
and have made a real difference in the significance of the summer youth
programs and also tying those to various employment opportunities.
We have seen, for example, in Boston how the public and the private
sectors have moved very effectively together, and how there has been a
real effective utilization of summer youth and moving young individuals
actually into the private sector employment as a result of either 1 or
2 years participation in summer youth programs.
So that the way this is organized I think really emphasizes the most
effective types of summer youth programs.
As Senator Kassebaum pointed out, Senator DeWine was particularly
involved in the shaping of those programs.
We have also made substantial progress in a variety of other issues
such as retaining the employment service, placing a cap on the economic
development expenditures, and protection for employees who participate
in the training programs.
Also we are pleased to be able to remove the Workforce Development
Act from the welfare reform bill recently passed by the Senate. This
act is eminently deserving of independent consideration by Congress.
The series of amendments that we will offer today represent the road
we still must travel to finish the job. I believe one of the most
important amendments is to honor our commitment to the dislocated
workers by retaining the trade adjustment assistance programs. Only a
year ago, or 2 years ago, Senators in both parties gave strong support
to NAFTA and GATT. They decided that the trade adjustment assistance is
the answer to the crisis of workers dislocated by expanding world
trade. Those promises to working men and women will be broken by the
pending bill.
In addition, the bill lacks a clear commitment to other dislocated
workers. What are we to say to the factory worker whose plant is closed
and is moved to Mexico, or to the coal miners who have lost their jobs,
or to the timber workers who received their pink slips, or to the bank
employees who are lost in the latest megamerger? What are we to say to
the people who need training, or education, or job placement services?
Unless this legislation is amended, we will be destroying the hopes and
dreams of tens of thousands of workers. We have a special
responsibility.
The trade adjustment concept goes back a number of years to actually
the early 1960's. But we have renewed as a key part of the commitment
of this body--and Presidents alike--a commitment for trade adjustments
for those individuals who fall into the categories and lose their
employment as a result of NAFTA and the GATT. I believe that commitment
should be retained.
I know we will have more of an opportunity to get into that
discussion later on in the day.
There will also be an amendment offered to preserve the Federal role
in the Job Corps Program and to ensure the program remains strong and
effective enough to continue its excellent service to our Nation's
youth. Republicans in the House increased the funding for the program.
They called it one of the few Federal programs that is successful and
effective. Instead of addressing legitimate concerns of the current
program, the Senate, I believe, goes in an unwise path on this issue.
Our Members will make the changes necessary to reform and strengthen
this program.
The test of the legislation will be how well it prepares the Nation's
work force for the changing economy in the years ahead. American
workers are the backbone of the economy. If we invest wisely in them,
the country will prosper. If we fail to do so, the current problems
will fester, and the economy and the Nation will suffer.
In closing, I want to recognize a member of my staff whose ability
and commitment was indispensable in the preparation of this landmark
legislation. Steve Spinner, who served on my staff for the past 2
years, helped guide us at every step even as the cancer which finally
took his life was ravishing his body. In a sense, this legislation is
his monument. To his wife and daughter we extend our heartfelt thoughts
and prayers as we carry on his work.
Mr. President, I want to just mention a number of our colleagues who
are not on the committee who have been very much committed to the
shaping of this legislation. First of all, on the committee, Senator
Dodd, for emphasizing the importance of the programs that are related
to national activities, recognizing that there are particular
challenges that can affect either particular States or regions as the
result of the downsizing of Federal contracting. We have seen that
issue here in a number of different communities or with particular
disasters--the floods in the Midwest, earthquakes, fires in the far
West which in many of these instances pass through various
jurisdictions and there has been a national impact.
Decisions are being made in the national interest which adversely
affect individuals and their families in a very significant way.
No. 1, they lose their job, and with little opportunity, perhaps if
they are older, to acquire skills. And we want to make a special effort
to ensure that their concerns will be recognized.
That program in the past has been utilized effectively, and I am
enormously grateful to Senator Kassebaum and our colleagues on the
committee for understanding the importance of this program. She has
been unwilling to accept as broad a program as many of us would like
but I do think has been willing to accept the essential aspect of the
program, and we are very grateful for the cooperation we received in
that area.
And No. 2, in another very important area which will be talked about
by our friend and colleague, the Senator from Louisiana, Senator
Breaux, with the development of the vouchers for dislocated workers so
that you can maximize flexibility by the individual in their ability to
seek out good training programs and give them a greater opportunity and
freedom to make judgments in terms of their own future. This is
something that has been considered by the committee. I think the way it
has been shaped will give us a good opportunity for a very solid
program that can be evaluated carefully and may very well offer great
opportunity in the future for expansion of training.
Again, I am grateful to the Senator for her willingness to accept the
concept of the approach. It is not all of what was initially offered
but is certainly something that was, I think, a very commendable idea,
accepted in the House. And I commend Senator Breaux and Senator
Daschle, who have been our principal advocates of this, not just on
this legislation but in previous efforts as well.
Later, we will have focus on the trade adjustment by Senator Moynihan
and Senator Roth with an amendment. We will have an amendment on the
Job Corps by Senator Specter and Senator Simon, and we will also have
an adult education earmark by Senator Jeffords and Senator Pell. And I
understand there are a few other amendments as well.
Given the magnitude of this legislation, I think it is a real
tribute, again, to the chair for the fact that we do have some areas we
will have to have
[[Page S 14833]]
votes on in the Senate, but given the magnitude of this issue and the
consolidation of all of these programs and working them through is
really a great tribute to her leadership.
I will just say finally, because I see other colleagues who are
prepared to address the Senate, what this legislation for this Senator
is really about is to try to make sure, as we are moving in the latter
part of this century and into the next century, we are going to see
progress made for all Americans and American families in as great a
lockstep as possible.
From 1950 to 1978, what we saw was that the country was really
effectively growing together; with the progress that was being made
during that period of time it was effectively shared by all the members
of our society and the greatest amount went to those on the lower
levels but everyone in the middle and the quintile, the top 20 percent,
were also participating in the expansion and the robust nature of our
economy.
What we are seeing now from 1980 effectively to 1993 is that those
are the upper sectors which are benefiting to the greatest degree;
those in the middle and in the middle lower are the ones that are
continuing to fall behind. We have no magic wand to be able to bring
all of these groups here into the general prosperity area. It is going
to take a combination of different efforts on our part.
But one of the very important efforts will be to try to make sure
that individuals who are in these areas are going to have both
education and skill to the extent that we can provide those. Obviously,
a key aspect of the education is done at the local level and at the
State level. In higher education, obviously, we have an important
responsibility. We have also responsibility in other areas as well.
But in the training programs, that is an area where we can try to
ensure that there will be expanded skills for American workers. We can
try to make sure, and build successful programs that will ensure, that
American workers, as they move into the next century, are going to be
at the cutting edge of all new skills.
We know our competitors are doing that. If you read the America's
Choice Report, which I would suggest to anyone that really wants to
have a good insight into where we are or where we have been and also
where our competition is going, you will find out that most of the
other industrial nations of the world are moving very aggressively in
upgrading their skills in a continuing process. They are doing it with
training programs, specific training programs. And they are doing
training programs on the job and encouraging the businesses in those
countries to participate. And those businesses in those countries do
participate.
That is not the typical example here in the United States. It is only
about 6 or 8 percent of total corporations that actually move with
aggressive kinds of training programs. And most of those training
programs are more to the white-collar workers rather than to the blue-
collar workers.
We are trying to demonstrate by example that we have maximum
assurance that there will be different opportunities for the
acquisition of skills and education for the working families in this
country which will effectively enhance their opportunity to improve
their own economic vitality and the vital strength of our national
economy.
Mr. President, I see others here who want to address the Senate. I am
grateful again for the cooperation that was given by all members of the
committee, as Senator Kassebaum has mentioned. We are very grateful for
the participation of Democratic Senators as well as our Republican
colleagues.
We look forward to addressing these issues during the course of the
day. We know many of our colleagues have just come back. This is
legislation which has been announced. We have been available to talk
with our colleagues in the Senate. We are prepared to debate these
issues and to get a judgment made on these matters so that we can move
this very important legislation forward.
Mr. President, I yield the floor.
The PRESIDING OFFICER (Mr. Frist). Who yields time?
Mr. KENNEDY. Mr. President, how much time is there?
The PRESIDING OFFICER. The Senator from Kansas has 4 hours 15
minutes, the Senator from Massachusetts 3 hours 30 minutes.
Mr. KENNEDY. How much time does the Senator want?
Mr. KERREY. Fifteen minutes.
Mr. KENNEDY. Fine.
The PRESIDING OFFICER. The Senator from Nebraska.
Mr. KERREY. I rise today as an original cosponsor of S. 143, the
Workforce Development Act. I should say at the outset I consider this
to be one of the two or three most important pieces of legislation this
body will consider this year.
I want to, at the outset, commend the Senator from Kansas, Senator
Kassebaum, for her hard work and willingness to reach out and include
anyone who has an interest in work force development. I appreciate very
much her openness, her diligence, her pursuit of the objectives. As a
consequence of all those things, I believe it is likely this
legislation will pass.
Indeed, I believe that it is one of the, as I said, two or three most
important measures which will produce something good at the local
level. Whether or not people at the local level will actually see some
benefit, with this piece of legislation, Mr. President, I believe
strongly that they will.
I also want to commend the distinguished Senator from Massachusetts
somewhat carefully here. I introduced him not long ago, and the
audience began to laugh as I did. So I have to be careful. I praise the
Senator from Massachusetts. It was his request for a study 5 years
ago--I believe it was from the GAO--that has provided the foundation
for this bill, the foundation being that we have well over 100
different job training programs at the Federal level and the lack of
coordination and the lack of accountability makes it difficult for us
to be able to say in our States that we are doing all we can to solve
the problem of inadequate skills in the work force.
So, Mr. President, as to whether or not this particular legislation
will solve a problem, will there be an effect from the cause of our
passing this law, of changing this law that is beneficial in the United
States, the answer has to be, in my judgment, enthusiastically and
overwhelmingly yes.
Last week, during our recess, there was a great deal of attention
given to a census in the Department of Labor evaluation of the U.S.
economy that indicated that, as a consequence of the economic growth
that has occurred in the past few years, there is less poverty in
America. That is quite good news. And it is an important piece of
information for those of us who still believe it is one of our most
important moral challenges to try to help those Americans who live in
poverty and that we need to have economic growth in order to accomplish
that.
That economic growth will help those who are poor, and is an awfully
important and good piece of news for us. But contained in that report
as well, Mr. President, was an indication that there is not only an
increased concentration of wealth and power, but there is a
continuation of a trend toward a widening of incomes between those at
the top end of the economic spectrum and those at the bottom end.
This piece of legislation addresses one of the most important reasons
why, when we see economic growth, we do not see an increase in
prosperity in the middle class; we do not see a growing middle class.
And the reason, Mr. President, is that the marketplace for today
requires substantially more skills than it has in the past. It places a
premium on it. Those with skills are secure. Their wages and salaries
are being bid up, and those without skills are seeing their wages not
being bid up. They are struggling out there.
In addition, Mr. President, the way we have organized our job
training programs is inadequate. Not only is there lack of
accountability, but there are eligibility requirements that make it
difficult for people to get into programs and difficult for Governors
and business people to engage in the task of working with our schools.
There are all sorts of institutional and structural barriers that exist
at the local level that this piece of legislation addresses.
So I say to those who, when they go home on recess and are faced with
questions from citizens, ``What are you doing that is constructive? Are
you passing or changing any laws that will
[[Page S 14834]]
improve the quality of life in our community?'' this is a piece of
legislation that you can point to and say, ``Yes. This will help.'' If
you change the law with S. 143, there is no doubt in my mind 10 years
from now, as we examine the data as it relates to our economy, we will
see people with greater skills and greater income as a consequence of
this legislation.
Importantly, I say parenthetically to my colleagues, there is another
piece of legislation that would also enable us to say yes to people at
the local level if they ask us if a law was going to benefit them.
Interestingly, this one was also sponsored by Senator Kassebaum and
Senator Kennedy. It is S. 1028. I hope that this body will take it up
this year. It is the Health Insurance Reform Act of 1995.
Last year during the debate over health care there was almost
unanimous agreement, almost unanimous from Republicans and Democrats,
that the least we could do would be to change the law to end the
practice of discriminating against people because of preexisting
conditions and saying to them that they are not able to port their
insurance from one job to another.
The GAO has evaluated this piece of legislation. Twenty-five million
Americans would benefit. Again, one of the most impressive tests of
this piece of legislation, if S. 143, the Work Force Development Act,
passes, is it presents me with an opportunity to say to citizens in
Nebraska, ``Here is a change in the law that will benefit us at the
local level.''
So I praise, at the beginning, the distinguished Senator from Kansas
and the distinguished Senator from Massachusetts for their work on this
legislation and their work, as well, on S. 1028. I hope that both
pieces of legislation will become law in this session.
Mr. President, we recently considered welfare reform legislation on
the floor of the Senate. I voted against that legislation because I
believe, in fact, it will make things worse, not better. There were
many differences of opinion on how to best accomplish the goal of
revising a welfare system that has unquestionably grown unresponsive to
those on welfare, as well as those who are trying to make welfare work.
But the one point of agreement throughout the welfare debate was the
need for work, for meaningful employment in the private sector, to take
the place of welfare benefits. I believe this bill, the Workforce
Development Act of 1995, will do more to free dependence upon public
assistance than any other legislation we have considered this year.
Job training and education are the foundations of meaningful
employment, and meaningful employment is the foundation of a strong
economy. A productive, employed work force translates into less
reliance on welfare and, more importantly, leads to a strong self-
reliant and globally competitive work force. This all translates into
economic security for each American in the work force and for our
Nation as a whole.
If we are to have a well-prepared work force with the training and
ability to enter the 21st century, it is essential that we act now, and
it is essential that we pass this legislation. We need to continue to
work to create high-paying jobs in this country with site-specific
training. We must meet the needs of both the employee and the employer
in the community in which they work and operate.
Taxpayers spend $25 billion a year for job training. It is a price we
pay for a duplicative system which is not measured and not terribly
accountable. We have paid a price in frustration, as those involved in
job training on the local and State levels can readily attest, and we
have paid the price in underemployment and unemployment, as we have not
focused our dollars on the needs of local communities with their
specific needs and industries in mind.
The current system of 90 separate job training programs, each
clamoring to achieve the same goal, leaves those looking for training
to hop from one location or program to another. In addition to being
duplicative, these 90 programs are run from Washington, DC, rather than
from the communities that understand what skills and training are both
needed and effective at the local level.
There are times when I believe it is constructive for the Federal
Government to shift the responsibility and the power back to the local
and the State level, and job training is a clear example. Those of us
who have been Governors, both Republicans and Democrats, will say, I
believe, that it is the States that have the best programs for
developing jobs and for developing the training programs for those
jobs.
There are other incidents where I do not believe that is the case. I
believe that the Federal Government ought to be responsible for
figuring out how to make health insurance affordable for all Americans.
It pleases me today that we have strong bipartisan support for
Medicare. That was not always the case. There was a time when
Republicans were critical of Medicare. This year, they are not only
supportive of that Great Society program, but they want to preserve it
for our children and grandchildren. The fundamental principle upon
which Medicare rests is that some Americans, regardless of how hard
they work and how hard they try, are not going to be able to purchase
health insurance. That, it seems to me, should be a Federal program.
I believe it would be a big mistake for this Congress to pass a law
that would convert Medicare into a block grant program, but it is a
great move forward for this Congress to change the law of block
granting the responsibility of job training programs.
The Workforce Development Act has as its goal the meaningful
employment of every American capable of working. It takes two very
important steps toward accomplishing the goal.
First, the Workforce Development Act consolidates 90 job training
programs into a single block grant to States. It does not just block
grant to the States, it develops a coordinated work force development
system. Our current job training system is not just duplicative, it is
also confusing. Consolidation in the specific language of this bill
does not just consolidate, it develops a system at the State and local
level that will transform our job training system into a unified system
of job training and training-related education.
This bill will end the frustrating process of hopping from one
location to another in search of employment services by providing for
the establishment of a one-stop delivery system for job search,
screening, referral and placement, as well as skill assessments.
The one-stop centers contained in this legislation are unquestionably
the foundation for the effort, but there is considerably a lot more
that is done in this legislation that gives me confidence we are not
just block granting and turning over to the States the responsibility;
we are making sure that the taxpayers are getting their money's worth
for this effort.
Mr. President, this legislation does not just block grant to the
States, it empowers people at the local level and it empowers people in
the private sector. It unquestionably will change the environment for
job training in America and give citizens who care about job training
an opportunity of participating and designing programs at the local
level.
Second, the responsibility for directing and operating these training
programs is turned over to the State governments. This legislation
encourages communities to work together to craft effective job-training
programs. It requires the participation of those who have a stake in
having a skilled labor force and who understand the needs of local
labor markets.
It provides flexibility to the States and local communities for the
design and implementation of job training efforts. But, Mr. President,
equally important to me, this legislation has monetary sanctions and,
for the first time, establishes benchmarks and makes our job training
programs accountable. States are not just given flexibility. In
exchange for significant and desirable flexibility, they are also, for
the first time, going to be held accountable for performance. They must
develop a plan, and that plan is not only presented to the Federal
Government but, more importantly, that plan is presented to the people
in each of the individual States.
This legislation provides for the continuance of our most successful
vocational and job training efforts with less
[[Page S 14835]]
interference from the Federal Government. For example, the block grant
is divided three ways: 25 percent of the grant must be allocated to
education; 25 percent is allocated to training; and 50 percent is
allocated in a flex fund account, funds which a State can use for any
employment or education activity the State deems important and relevant
to its specific needs.
This legislation, in shifting of power and responsibility to the
State and local level, puts heavy emphasis and focus upon education. It
stipulates that a portion of the flex accounts should be used for
school-to-work activities and that States, such as my State of
Nebraska, that received implementation grants under the School-to-Work
Opportunities Act, use a portion of their flex funds to continue their
school-to-work programs under the terms of that act. This provides for
the furtherance of exciting and innovative programs, such as school to
work.
The Workforce Development Act provides for a strong foundation for
applied learning by allowing States to link academic knowledge to real
world applications in their own communities, and by forging a
comprehensive sensible system of job training and education, this bill
enhances both the ability and opportunity for lifelong learning.
But just as importantly, inside this flexibility, again, not only are
the State and local governments engaged, but this piece of legislation
empowers and gives an opportunity to the private sector, particularly
private-sector employers, and most especially small businesses, to
participate in designing the programs.
This change in the law will, in fact, empower Americans in a fashion
that will enable them to engage in what, in my judgment, is one of the
most difficult problems and most tormenting problems that we face,
which is, as I said earlier, this widening gap between the economic
haves and the economic have-nots, the threat to the middle class of
America, and the insecurity that Americans feel at almost all economic
levels in the work force today.
Mr. President, I urge my colleagues to support this bill. We are in
the midst of, as all of us know, reform in many areas, including
education and labor. Business leaders are constantly admonishing
educators to make learning more relevant to the real world. I believe
this bill is a giant step forward in that direction. By providing the
means and the flexibility by which States and local communities can
address their specific job training and education needs and by
encouraging educators, industry, labor, and community leaders to forge
the alliances necessary to make this happen, we can make the attainment
of these skills and knowledge more relevant to the real world in which
we live, work, and learn.
Again, I praise and applaud and thank both the distinguished Senator
from Kansas and the distinguished Senator from Massachusetts. They have
worked long and hard on this legislation. I am pleased to be able to
come to the floor today and join them in cosponsoring it, and I urge
its quick and speedy adoption.
I yield the floor.
Mrs. KASSEBAUM addressed the Chair.
The PRESIDING OFFICER. The Senator from Kansas.
Mrs. KASSEBAUM. Mr. President, my apologies. I was so anxious to jump
in and express appreciation to the Senator from Nebraska, I did so
before he finished speaking.
Senator Kerrey had been a stalwart supporter in the last Congress for
major job training reform and has provided the initiative for much of
this effort. I value his support and his advice and his belief that
this is a very important piece of legislation.
As Senator Kennedy said, it is probably something that not a lot of
people have thought about. It will not cause people to be sitting on
the edge of their seats. But in many ways it could be the crux of a
major change that could be of great value to a number of people. For
that reason, I really very much support and appreciate Senator Kerrey's
efforts in the early days to continue lending support in efforts to
reform the system.
I yield the floor.
Mr. KENNEDY. Mr. President, briefly, I want to also join in thanking
Senator Kerrey. As a former Governor, he has seen these programs in the
State and has awareness about their effectiveness, and he has taken a
very special interest in the issues of education and training. We are
grateful for his suggestions and involvement in shaping the
legislation.
I yield such time as the Senator from Louisiana may need.
The PRESIDING OFFICER. The Senator from Louisiana is recognized.
Mr. BREAUX. Mr. President, I thank the Senator from Massachusetts.
Let me start off by commending both the senior Senator from
Massachusetts, Senator Kennedy, and Senator Kassebaum from Kansas for
the work they have put into this effort. It really has been an
outstanding effort. It has been a pleasure to work with them
personally, and with their staffs, in order to bring to the Senate
today legislation which I think is really incredibly significant. It
may not be, perhaps, as interesting or a hot-button issue like some of
the issues Congress is now dealing with in terms of tax cuts and what
we are doing with Medicare and what we are doing with welfare reform
and what we are doing to the Medicaid Program. Those programs are
getting a lot of attention in all of the media, and all of the interest
groups around the country are taking strong positions in favor or in
opposition to what we are doing. There is a great deal of national
debate.
I suggest that what we are doing here this morning in the Senate is
equally, if not more important than some of those other great debates
going on with regard to Medicare, Medicaid, welfare reform, and the
like, because I think that this legislation really speaks to the future
of America. Are we going to be a competitive Nation with skilled
workers who are able to compete in the work force and compete
internationally and not just in our own back yards?
What we are doing today is saying to the American worker, yes, you
are important and, yes, we as a Government can do better than we have
in the past by giving you the training and education that you need in
order to make a difference, in order to get a job in the competitive
world that we live in, in order to be able to earn a living to support
your family, because that is what this legislation is all about. It is
about creating a system under which Americans will be better citizens,
better individuals, better able to compete with the competition today,
which is universal throughout this globe. It is not just competition
within our own borders; it is universal competition throughout the
world.
I am not sure how many people would know if you asked them, does the
Government do anything for training? A lot of people do not know. We
have about 90 different training programs on which we spend probably $7
billion. We try to have a program for every possible need. I think as a
result of these good efforts that we have had over the years, in
creating these programs, we have something that is sort of a mishmash
of a whole bunch of different programs. People out there in the real
world do not know where to go. Can you imagine a worker who has just
lost his job trying to figure out which program he fits under? He goes
to some organization and says, ``I need help, I lost my job, the
company has gone out of business because of foreign competition, and I
need to be trained.'' Somebody dumps in his lap 90 different programs
and descriptions about what they do. He has to try and figure out which
one he fits under.
That is the way it works now--rather, that is the way it does not
work now. If I had 90 different programs dumped in my lap after I lost
my job, I would probably run as fast as I could away from all that
material, because I am looking for help, not for some intelligence quiz
on which program basically fits my needs.
So what I think is so important about this legislation is it takes
all of those 90 different Federal programs and consolidates them. The
programs I am talking about are the JTPA Program, job training for
people who were laid off from their jobs and poor adults and students;
TAA, which was a training and cash benefit program for workers laid off
because of trade problems; NAFTA transitional adjustment assistance;
Job Corps programs; Carl Perkins vocational education programs; adult
education programs; school-to-work
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programs; programs that we have created for responding to natural
disasters or base closings, where we try to train the people.
In other words, we have about 90 different programs on the Federal
books. What we are attempting to do with this legislation is to try and
consolidate them to make them work better, to give a chance to the
people who benefit from these programs to understand better which one
best serves their needs. It is organized around a one-stop career
center, which means that workers who need help will not have to go out
and get help just to find out where to get help. We are essentially
saying that we want to let the worker who needs the help know where he
or she has to go, without having to hire more people to help them
navigate through a maze of Federal programs.
There are some people who say that for every problem, the Government
has to find a solution. I think that is what got us into some of these
problems in the past, where for every problem we try to create a new
job training program. Every time there was a disaster, or a base
closing, or a trade impact that affected workers, we created a program
to train people. The intentions were wonderful. But I think what we
have produced was a convoluted group of programs that have now grown to
over 90 Federal programs. And so some have said, well, we ought to do
that because that is what Government does, and that is what we as
Democrats do--create programs. Others say, look, this is no role for
Government. When somebody loses his job because of unfair trade
practices, or a natural disaster, or because of downsizing, which is
that new word corporations use, or if they lose jobs because of
Government cutting back and closing military bases, well, we have no
role. The survival of the fittest should govern. If you can find a job,
good, and maybe if you cannot, too bad. Some people take that attitude
about what Government should not do to help people.
I think the real solution is that both of those perspectives are
incorrect. Certainly, they do not fit the dynamics of the situation in
the end of the 20th century as we move to the 21st century. Things have
changed. People who think Government should have a program for every
problem, I think, are wrong. On the other hand, I think people who
believe Government has no role at all are also wrong. What we ought to
be doing is trying to help people solve their own problems. That, I
think, is the proper role of Government--to help create conditions
which allow people to make their own decisions and to help them better
solve their own problems.
That is what I think this legislation is all about. It helps people
understand how they can benefit from the consolidation of all these
training programs and lets them decide which one best fits their needs.
We all know that the American worker today is far different from the
American worker in the 1930's and 1940's, where people went to work at
a plant or factory and stayed there for their whole lifetime. Today,
the average American changes jobs several times in their own lifetime.
So they have to be constantly trained and given updated information and
updated skills about how to compete, because they do not always work in
the same place all of their lives, which was what we used to do in
society. So things have changed.
One of the greatest programs that I think we as a Government ever
invented was the old GI bill, because it worked and it was simple.
Government said that people who served their country were going to get
help after they finished serving by allowing the Government to help pay
them to go to college to get the training they needed to be able to be
competitive in American society. One of the good things is that the
Government did not try and make all of the decisions. The Government,
under the GI bill, did not say to a person that they had to go to a
particular college. The Government did not say that you had to take a
particular course or a particular line of study or to major in anything
that the Government decided you should major in. The wonderful thing
about the GI bill is that we trusted individual Americans to make those
decisions by themselves. We gave them the funds and said, ``Go to
school.'' An individual could go to the school you would like to go to
and major in what you think is best for your abilities, your
intelligence, your interests; you make that decision. And that is why I
think it worked so well. As a result, today, literally, this country
has been reshaped by people who have benefited from the GI bill. So,
what we have today in this legislation, which I strongly support, is it
gives Americans who lose their jobs or find themselves in less
beneficial jobs, an opportunity to make some decisions and choices.
It gives the States that are going to be running this program the
flexibility to use vouchers, which I happen to think is very, very
important. I really think we, in allowing the States to use vouchers,
will improve this program. I think, for States to look at the concepts
of giving an individual a voucher, giving that person the right to
decide where to go to use it to get his training or her training, is a
major step in the right direction.
First of all, when you allow an individual to decide where to go to
school it creates competition among private institutions and public
institutions for that person's interest. I think it is important for
the individuals to decide where they want to go to school to get their
training, rather than for us in Washington or in some State capital to
make that decision for them. When government makes decisions for
individuals, the decisions are not nearly as good as if the individual
makes that decision.
The second advantage, I think, is competition. Because it will say to
all of these schools that provide training that all of a sudden no one
is going to dictate they are going to get students. They are going to
have to get students based on their ability to serve those students.
That is what competition is all about. Schools that are good will
survive. Schools that do not meet the needs of the individuals will not
survive. That is competition and I think competition, in that sense,
will produce better schools, better able to address the needs of
individuals who will benefit from these programs.
I think the third advantage of this concept is we will reduce
bureaucracy. Because of the system now, that tries to fit people into
various programs, we have created a huge bureaucracy of people who just
do that. If we allow the individual to make the decision of what is
best for him or her, I think we have made a major step in the right
direction.
I again compliment the ranking member, the distinguished Senator from
Massachusetts, and the Chair of the committee, the distinguished
Senator from Kansas, for the tremendous job they have done. This is
really landmark legislation. This, for the first time, says we are
going to try to consolidate all of these programs and make it simpler
and easier for people to understand which program will benefit their
particular needs and to give the States more flexibility in how they
deliver those services, to give them the option to use vouchers as a
means of saying to the individual: You go out and go to an accredited
facility. You pick, you choose, you decide what you want to do with the
rest of your life. The Government is not going to make that decision
for you.
Finally, I think we are saying to American workers that we do care
about your future. We do want you to be more competitive. We know a
worker in this country will be able to compete--if she or he is well
trained, well educated--with workers anywhere in the world.
The theory and theme of this legislation, I think, is yes, there is a
role for Government. It is to help people equip themselves to solve
their own problems. It is not for government to solve everybody's
problems all the time. And certainly not for government to walk away
and say you are on your own, it is survival of the fittest and we are
not going to care what you do with your future.
I think this approach, in consolidating the programs under the
Workforce Development Act, is a major step in the right direction. I
commend the Chair and ranking member who will have an amendment to be
offered later on that has been worked on over the weekend. The staff is
to be commended for using part of the recess, spending this time doing
the work they have
[[Page S 14837]]
done to produce an amendment I think makes a great deal of sense and,
hopefully, will be supported by everyone.
This is a good bill. It is landmark legislation. I thank the people
who have been so involved in it.
I yield the floor.
Mr. KENNEDY addressed the Chair.
The PRESIDING OFFICER. The Senator from Massachusetts.
Mr. KENNEDY. Mr. President, I thank the Senator from Louisiana. As I
think all Members know, he has been, over the years, a forceful
advocate for this concept, developing the voucher system so a displaced
worker could use a voucher system to search out the most effective
program for that individual, to maximize individual choice. That has
been something he has advocated, not just in this program, but on
others as well, that I have had the opportunity to work on with him.
He also was a very strong spokesman to make sure we were going to
preserve the basic integrity of the training programs and they were not
going to be lost into the welfare system. He was an important leader to
getting us where we are now, where we are considering these training
programs in a broader context for working families.
So, for that leadership, we are very grateful to him and we thank
him.
The PRESIDING OFFICER. Who yields time?
Mrs. KASSEBAUM. Mr. President, I think the Senator from Illinois had
asked for 5 minutes.
Mr. SIMON. That is correct. I understand the Presiding Officer may
wish to speak on this. He was here before I was. I will be pleased to
yield to him.
Mrs. KASSEBAUM. I think he will be happy to have the Senator proceed
for whatever amount of time the Senator wishes to use.
Mr. SIMON. Mr. President, I thank the Senator from Kansas and thank
the Chair for his courtesy. I commend the Senator from Kansas, as well
as the ranking member, Senator Kennedy, for their work in this field.
I confess, I have mixed feelings about this bill. There are good
things in it. One-stop shopping makes a great deal of sense. Labor
market information makes a great deal of sense. My staff, who know more
about the Adult Vocational Rehabilitation Act than I do, tell me that
provision is very, very sound. And I like the idea of consolidation of
programs. We have multiplied too many programs. There is just no
question about that.
I have to say, I am less than completely enthusiastic about just
having block grants to the States. Some years ago we consolidated some
education programs and one of those was the school library program.
During the whole Depression, not a single library in this Nation
closed. But, after we consolidated the school library program into the
block grants to the States on education, over half of the school
libraries in the State of California, for example, have closed.
This idea of simply giving block grants to the States is not one that
I am wildly enthusiastic about. I do believe we have to give States
flexibility. If I can use an example the Presiding Officer is very
familiar with, when we passed the bill--I was in the House then and
worked on this--when we passed the bill requiring all States to give
help to young people with disabilities, we did not do that because the
Federal Government wanted power. We did it because States were not
doing the job. We had a lot of schools that said if you are deaf, if
you are blind, if you are in a wheelchair, sorry, we are not going to
serve you. A majority of the mentally retarded were not being given any
help in our public schools. So we put into law a Federal mandate. Would
I be willing to say let us just give this money back to the States, and
the States will decide whether they are going to help these young
people or not? No. I am not willing to do it.
So, when I look at consolidation and I see school-to-work
opportunities just getting started, and by all reports really doing
some good--but I do not know what is going to happen in Tennessee or
Illinois.
(Mrs. KASSEBAUM assumed the chair.)
Mr. SIMON. The National Literacy Act--by the most conservative
estimates, we have 23 million adult Americans who cannot read a
newspaper or who cannot fill out a job application form. This is a
massive drag on our economy. We have to make our people more
productive. Among other things, those adult Americans who have literacy
deficiencies are not able to help their kids in school.
So, when I see that we are going to consolidate some of these things,
I get concerned.
Then the Job Corps has been--are there problems? You bet. We are
dealing with marginal young people. Almost 80 percent have dropped out
of school. To just say to States, ``You go ahead and run Job Corps, if
you want to,'' I do not think makes sense.
Senator Specter and I will have an amendment this afternoon to keep
the Job Corps and to make some improvements in terms of requirements on
use of drugs or alcohol and some other things that I think are
important. But 73 percent of the Job Corps alumni--these, again, are
kids who are marginal--73 percent end up either getting a job or going
on to college or to a vocational school.
So I view this legislation, Madam President, with mixed feelings. I
commend you and the ranking member for all of the work you have done in
this field. You have been a real legislator, Madam President, not only
in this field, but with the problems we faced in Africa and in other
areas.
I like the idea of consolidation, one-stop shopping, and labor market
information. I am not an enthusiastic supporter of just saying to the
States, ``You have this money and you make all the decisions.'' I want
to give some flexibility to the States, but I also want to make sure
people get served who need to be served.
Madam President, I yield the floor. I see we are going to get some
words of wisdom from my colleague from Tennessee.
The PRESIDING OFFICER (Mr. Inhofe). The Senator from Tennessee.
Mr. FRIST. Mr. President, I rise in support of S. 143, the Workforce
Development Act. It is truly forward-thinking legislation. It is
responsible legislation. It makes it easier for States to educate and
train tomorrow's work force. And it is legislation that takes a
balanced approach to accountability.
Mr. President, every day we are faced with choices--even the choice
not to change business as usual. I wish to commend my colleague, the
chairman of the Labor and Human Resources Committee, for tackling this
unwieldy area of Federal policy--job training and employment
assistance--and shaping it into a coherent and cohesive proposal.
Without her leadership and tenacity on this matter, the workers of
America and their employers, the future of workers of America and their
potential employers, and the young people of America and their
aspirations would be held off or put off by the current unfocused,
untenable, and unjustifiable approach to job training.
Mr. President, through her legislation, the distinguished Senator
from Kansas has given States flexibility built on common sense and
based on State-defined benchmarks. It includes the availability of
financial incentives for focussing on a critical bottom line--helping
people prepare for and acquire jobs.
Through her legislation, the Senator from Kansas gives individuals
looking for training or jobs access to information and assistance that
will lead to personal choices founded in facts as well as hopes--
information and assistance that will lead to opportunities which
recognize ability and confirm potential, and lead to concrete results.
As Americans move into the 21st century, a more advanced and highly
technical job market awaits them. Twenty-five years ago, many
speculated the year 2001 would reveal a truly space age society with
robots or huge computers performing all of human's work. Those
predictions will remain fantasy for many years, but one thing cannot be
denied--the workplace is changing both rapidly and dramatically, as new
applications for technology are continually discovered.
This increasing use of technology--from FAX machines and lap-top
computers to high resolution video teleconferencing--has placed a
strain on our work force, which has not always been able to keep up.
It has also created a boom industry, as employers and employees seek
out
[[Page S 14838]]
higher education, job training and retraining programs to remain
employable. As a result, the Federal Government spends more than $20
billion each year to fund dozens and dozens of job training and work
force education programs across this country. Tennessee alone spends
more than $237 million in Federal funds to administer myriad programs
to prepare and retrain its workers.
But despite more than 100 programs and billion-dollar budgets, there
is no real way of knowing how effective this approach actually is--the
number of programs is unmanageable and too many overlap or duplicate
services.
This lack of accountability and the waste of duplicative services
prompted the Senate Labor and Human Resources Committee, of which I am
a member, to report out the Work Force Development Act of 1995.
This legislation creates one system that integrates elements of
education and training, and gives States the flexibility they need to
design and implement programs that meets State-identified needs. States
know the needs of their own job markets better than a large Federal
bureaucracy, and can tailor their training and education programs to
fit the needs of their employers and workers. If we pass S. 143, major
Federal training programs would be consolidated within 2 years into one
block grant to each State.
Currently, my own State of Tennessee operates more than 25 different
job training programs under 9 different departments.
In Tennessee, the department of labor, the department of employment
security, the department of human services, the department of
education, the department of mental health and mental retardation, the
department of economic and community development, the department of
youth development, the department of corrections, and the Tennessee
Board of Regents all operate separate programs to provide job training
to Tennessee workers.
Each program and each department has its own separate bureaucracy and
a separate budget.
The Workforce Development Act of 1995 eliminates unnecessary
duplication and allows Tennessee and other States to create within
their own borders one program that will serve their individual needs
more efficiently and at less expense. Most of all, however, this
legislation ensures that the program that will be in place will
actually help those people who need it.
As chairman of the Disability Policy Subcommittee, I am especially
pleased that title II of S. 143 contains amendments to title I of the
Rehabilitation Act of 1973, amendments that clearly link State
vocational rehabilitation programs to the work force development system
envisioned by my colleague from Kansas.
Title I of the Rehabilitation Act authorizes the vocational
rehabilitation program which provides Federal funds for counseling, for
training and employment services for individuals with disabilities. The
Federal Government provides 78 percent of the funding for the
vocational rehabilitation program.
The vocational rehabilitation program began in 1921 initially to help
disabled war veterans obtain rehabilitation and employment assistance.
Today, it is a major source of employment assistance for many
individuals with disabilities, including individuals with severe
disabilities. Vocational rehabilitation programs, although operated by
State vocational rehabilitation services, are located throughout a
particular State. These programs help about a million individuals with
disabilities a year, about 20 percent of whom enter the competitive
labor market within 12 months. The average cost per person aided is
about $2,500.
The Tennessee vocational rehabilitation program provides but one
example of what can happen when the focus of an agency is clear--to get
people with disabilities jobs. In 1994, this program in my State served
27,600 individuals with disabilities, of whom 81.2 percent were
severely disabled. Of the individuals served, 5,300 were successfully
employed, with 90.2 percent of them working in the competitive labor
market.
The annualized income of these 5,300 individuals, once they entered
the work force, increased from $6.7 million to $54 million. Let me
repeat. The annualized income of these individuals, once they entered
the work force, increased from $6.7 million to $54 million, truly an
amazing return on a modest Federal investment.
Vocational rehabilitation programs have been one-stop centers for
employment assistance for individuals with disabilities for many years.
Making these programs a part of the work force development systems
which will be authorized by S. 143 is both logical and necessary. By
including vocational rehabilitation programs as an integral part of the
larger system, two primary outcomes will be achieved. First,
individuals with disabilities will be assisted and have access to
appropriate supports and services so they can take advantage of what is
available through their communities' one-stop centers. Second,
vocational rehabilitation professionals will be enabled to provide
technical assistance and information about disability related matters
to other personnel, who, when appropriate, will be able to assist
individuals with disabilities directly.
If vocational rehabilitation programs, which are currently funded at
about $2 billion, had been left out of S. 143, I know we would have
seen retraction from emerging collaboration between vocational
rehabilitation programs and other job training programs.
Under the comprehensive one-stop centers system in S. 143, any
citizen, including one with disability, will have access to core
services and more, including assessments, coordination, referrals to
other entities, and labor market information. An individual with severe
disabilities, who may often require specialized, intensive services,
may access such services in the same facilities in which core services
are provided.
The key is that individuals receive job training and placement
assistance and appropriate referrals from and to other parts of the
work force development system, not that every service an individual
receives be provided in the same location. Throughout the work force
development system those individuals involved in coordinating and
arranging services would follow the same procedures and policies when
interacting with applicants and clients.
I believe these elements in S. 143 send a clear signal to States
there will be one system. Vocational rehabilitation services will be a
part of that system; individuals with disabilities will be served;
individuals with disabilities will not fall through the cracks; and
they will not become Ping-Pongs at the mercy of uninformed personnel.
Simply put, by recognizing the record and potential of the vocational
rehabilitation program, we have strengthened it and the Workforce
Development Act as well.
Given its special place in the world of job training and the range of
specialized and intensive services it supports, the vocational
rehabilitation program in title I of the Rehabilitation Act becomes a
component of the Workforce Development Act through amendment to the
Rehabilitation Act, not repeal of title I of the Rehabilitation Act.
Through such legislative surgery, we are able to preserve this separate
authorization of appropriation for vocational rehabilitation services
and clear accountability for the use of these funds through State
vocational rehabilitation agencies.
Although during deliberations on the Workforce Development Act in
committee we did have our differences with regard to individuals with
disabilities, we built and sustained a bipartisan consensus. This
consensus should serve us well as we conference with the other body.
In closing, I wish to thank my colleague from Kansas for her
leadership and her guidance and her patience that got us to this point
today. Acquiring world-class skills for finding a job is neither
guaranteed nor easy. It takes effort, information, time, resources, and
opportunity. The chairman's bill levels the playing field so that those
who make the effort and have the time can access information,
resources, and opportunity. Through her legislation, the Senator from
Kansas gives us a balanced equation. Tomorrow, America's work force
will be at work better trained and better able to compete against
global markets. The human value of such outcomes may be hard to measure
in specific terms, but I am convinced that we will see a renewed
spirit, unleashed pride, and the smiles
[[Page S 14839]]
that come with confidence on the faces of America, and that is good.
I thank the Chair and yield the floor.
Mrs. KASSEBAUM. Mr. President, I said in my opening statement how
much I and the ranking member, Senator Kennedy, have valued the efforts
of the Senator from Tennessee to significantly improve the legislation,
and I would like to again express appreciation to Senator Frist, who
worked on the vocational rehabilitation section and strengthened it in
ways that I believe have added immeasurably to not only the success of
the legislation but I think also the assurance to those in the
rehabilitation community that while they want to work to become
integrated into the work force, they also want to retain a statutory
authority and a funding stream that gives them some certainty they have
a voice. And it was the effort of Senator Frist and staffs on both
sides that worked together to develop this section that I think lends
great strength to the bill, and I am very appreciative to the Senator.
Mr. FRIST. I thank the Senator.
Mr. President, I ask unanimous consent that questions and answers
regarding vocational rehabilitation programs be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
The Effect of the Workforce Development Act of 1995 on Vocational
Rehabilitation Programs
Questions and Answers
Q. If the Work Force Development Act of 1995, S. 143, were
enacted into law, when would the provisions that affect
vocational rehabilitation take effect?
A. The effective date of the provisions would vary. S. 143
would allow States up to 2 years to convert to a single work
force development system with one-stop career centers. Some
States are already engaged in such approaches to job
training, information, and placement assistance. In these
States, vocational rehabilitation agencies are involved and
play a role in helping individuals with disabilities. S. 143,
with the State option of a 2-year phase-in, takes into
account the fact that States are at differing stages in
investing in a single work force development system. In an
effort to promote vocational rehabilitation programs
continuing their involvement or beginning early involvement
in planning and participation in new systems, provisions in
S. 143 would allow a State vocational rehabilitation program
to transition to the new work force development system, in a
manner and by a time table set by its State (within the 2-
year limit specified in S. 143).
Q. Does S. 143 repeal any part of the Rehabilitation Act of
1993?
A. No. It amends title I, the State grant program of the
Rehabilitation Act. S. 143 would make a State's vocational
rehabilitation program an integral component of a State's
work force development system.
Q. Does S. 143 affect only the State grant program in the
Rehabilitation Act?
A. Yes. It amends no other programs in the Rehabilitation
Act.
Q. If the Work Force Development Act of 1995, S. 143, were
enacted into law, how would funding for State vocational
rehabilitation programs, currently funded through the
Rehabilitation Act, be affected?
A. The authorization of appropriations and the funding
formula in current law would be preserved. The effect would
be that designated State vocational rehabilitation agencies
would continue to administer and oversee the use of
rehabilitation dollars. This would ensure that designated
dollars would continue to be spent to provide job training
and placement assistance for individuals with disabilities.
Q. If S. 143 were enacted into law, what services could an
individual with a disability expect?
A. Any individual seeking job training and placement
assistance, including an individual with a disability, would
have access to core services as well as other services a
State may elect to offer. The core services would include:
Outreach and orientation to services available through one-
stop centers, assessment, job search and placement
assistance, career counseling where appropriate, screening
and referral of qualified applicants to employment or other
support services, and accurate and timely information
relating to employment opportunities, training, and
education.
Q. Does S. 143 recognize that many individuals with
disabilities may have specialized needs that must be
addressed in order for these individuals to take advantage of
job training and placement opportunities?
A. Yes. Any individual with a disability would have access
to auxiliary aids and services necessary to enable him or her
to take advantage of core services. In addition, if a center
also offered other services, an individual with a disability,
seeking these services, would have access to auxiliary aids
and services if needed. If an individual with a disability
has specialized needs that must be addressed to enable the
individual to take advantage of what is offered within a one-
stop center system, appropriate assistance would be provided
by vocational rehabilitation professionals. If a State
vocational rehabilitation agency is operating under an order
of selection that limits most services to individuals with
the most severe disabilities, then this agency could continue
such a policy under S. 143. An individual who has a
disability not covered by the order of selection could access
services through other one-stop centers personnel. In order
for these personnel to assist individuals with disabilities,
technical assistance from vocational rehabilitation
professionals would be available.
Q. If S. 143 were enacted into law, would it be primarily a
public system with public employees controlling what services
an individual with a disability could access?
A. That decision will be a State decision. Currently, State
vocational rehabilitation agencies vary in the extent to
which services to individuals with disabilities are provided
by public or private entities. In Tennessee today, 75 percent
of State vocational rehabilitation dollars are spent on
private service providers. S. 143 clearly expects employers'
interests and needs to influence the design of a State's work
force development system. Moreover, a State will be expected
to reach all areas of the State with services. These factors
may cause States to expand or redirect how job training and
placement assistance are addressed. For example, to be better
able to address employers' needs in a timely manner with
well-trained workers, a State may expand the use and
involvement of private providers and elect to make vouchers
available to individuals.
Q. If S. 143 were enacted into law, how would the
preferences and choices of an individual with a disability be
affected?
A. Amendments to the Rehabilitation Act in 1992
strengthened an individual's role and choices with regard to
vocational rehabilitation services. In addition, in these
1992 amendments, the U.S. Department of Education's
Rehabilitation Services Administration was directed to
develop evaluation standards and performance indicators to
judge if individuals with disabilities are being given a
meaningful role in the design of their service package and
are able to make informed choices about rehabilitation
services available. S. 143 does nothing to undermine these
1992 amendments to the Rehabilitation Act. In fact, these
1992 amendments should continue to buttress and strengthen an
individual's ability to access services he or she needs and
prefers within one-stop centers.
Q. If S. 143 were enacted into law, could an individual
with a disability have access to vouchers?
A. Yes, to the extent and under the conditions a State
specifies.
Q. What in S. 143 would increase the likelihood that an
individual with a disability would receive services? That is,
the individual would not be denied services on the basis of
disability, not fall through the cracks, or not be treated
like a ping pong ball--referred to one agency after another.
A. States are expected to set benchmarks and report on
individuals assisted through work force development systems.
A State must report on is the number of individuals with
disabilities who acquired jobs. Under S. 143, individuals
with disabilities should have more opportunities to receive
information and services targeted to job openings in their
communities. Moreover, since there would be one, and only
one, job training and placement assistance system in a State,
an individual with a disability could not be turned away or
denied core services.
The percent of persons with earned income of any kind increased from
21 percent at application to 90 percent at closure. The gain in the
average hourly wage rate from application to the achievement of an
employment outcome was $4.36 per person. Of the individuals achieving
employment in fiscal year 1993, their mean weekly earnings at the time
of their application to the program was $32.20, compared to $204.10 at
closure, an average weekly increase of $164.90.
In 1993, the Government Accounting Office [GAO] found that an
individual who completed a vocational rehabilitation program was
significantly more likely than an individual who did not complete the
program of working for wages 5 years after exiting the program. In
addition, the GAO found that individuals who achieved an employment
outcome demonstrated four times the gain in wages compared to the other
groups studied.
I am also pleased to share with my colleagues the positive impact
that vocational rehabilitation is having in my home State of Iowa.
During fiscal year 1993-94, 5,717 Iowans with disabilities were
rehabilitated through the Division of Vocational Rehabilitation
Services. At referral to DVRS, 33 percent has weekly earnings; at
closure the rate went to 98 percent. Average weekly earnings rose from
$49.94 at referral to $229.45 at closure. In addition, the Iowa
Department for the Blind provided 765 blind persons with vocational
rehabilitation services. At closure the average weekly income was $352.
Seventy-three percent of those rehabilitated found work in the
competitive
[[Page S 14840]]
labor market, including work in occupations such as psychologist, tax
accountant, teacher, food service, and radio repair.
Mr. President, as I explained previously in my remarks, under S. 143,
title I of the Rehabilitation Act, as amended most recently in 1992, is
not repealed; rather it is retained, strengthened, and made an integral
component of the statewide work force development system.
For example, the findings and purposes section of title I of the
Rehabilitation Act are amended to make it clear that programs of
vocational rehabilitation are intended to be an integral component of a
State's work force development system. Further, the amendments clarify
that linkages between the vocational rehabilitation program established
under title I of the Rehabilitation Act and other components of the
statewide work force development system are critical to ensure
effective and meaningful participation by individuals with disabilities
in work force development activities.
Section 14 and section 106 of title I of the Rehabilitation Act
pertaining to evaluations of the program are amended to make it clear
that, to the maximum extent appropriate, standards for determining
effectiveness of the program must be consistent with State benchmarks
established under the Workforce Development Act for all employment
programs.
Provisions in the State plan under title I of the Rehabilitation Act
of 1973 are also amended to include specific strategies for
strengthening the vocational rehabilitation program as an integral
component of the statewide work force development system established by
the State. A cooperative agreement will be required to link the VR
agency with the consolidated system. The cooperative agreement will
address each State's unique system and will assure, for example,
reciprocal referrals between the VR agency and the other components of
the statewide system. The linkages will also assure that the staff at
both agencies are adequately and appropriately trained. Most
importantly, the linkages must be replicated at the local level so that
the local office of the VR agency is working closely with the one-stop
center in the community to make a seamless system of services a
reality.
Many State vocational rehabilitation agencies, including the agency
in Iowa, are already involved with efforts to link vocational
rehabilitation with other components of the statewide system of work
force development. The States that report the most success are those
where the vocational rehabilitation agencies are involved in the
consolidation efforts at the early planning stages. The other aspect
that is critical to ensure success is the replication of cooperative
agreements in local communities so that the VR counselors are working
closely with the other job training programs in the statewide system.
In closing, Mr. President, I strongly support the provisions S. 143
pertaining to individuals with disabilities. The bill ensures
meaningful and effective access to the generic training and education
programs. In addition, the amendments to the Rehabilitation Act of 1973
will strengthen and support the involvement of vocational
rehabilitation in a State's seamless system of work force development
while ensuring the continued integrity and viability of the current
program.
Mr. HARKIN. Mr. President, as ranking member of the Subcommittee on
Disability Policy, I would like to take a few minutes to discuss the
applicability of S. 143, the Workforce Development Act, to individuals
with disabilities.
I would like to compliment Senator Kassebaum, the sponsor of the
legislation and chair of the Committee on Labor and Human Resource, and
Senator Frist, the chair of the Subcommittee on Disability Policy, for
including specific provisions in S. 143 that will enhance our Nation's
ability to address the employment-related needs of individuals with
disabilities, including individuals with significant disabilities. I am
particularly pleased that these provisions were developed on a
bipartisan basis and enjoy the broad-based support of the disability
community.
On January 10, 1995, the Labor Committee heard testimony from Tony
Young, on behalf of the Employment and Training Task Force of the
Consortium for Citizens With Disabilities. CCD urged the Senate to
recognize the positive advances made in the 1992 amendments to the
Rehabilitation Act of 1973 and to take a two-pronged approach to
addressing the needs of individuals with disabilities in our jobs
consolidation legislation. I am pleased that the Senate bill adopted
this two-pronged approach.
Under prong one, S. 143 guarantee individuals with disabilities
meaningful and effective access to the core services and optional
services that are made available to nondisabled individuals in generic
work force employment activities and to work force education activities
described in the legislation, consistent with nondiscrimination
provisions set out in section 106(f)(7) of the legislation, section 504
of the Rehabilitation Act of 1973, and title II of the Americans With
Disabilities Act.
The commitment to ensuring meaningful and effective access to generic
services for individuals with disabilities is critical. Advocates for
individuals with disabilities have often expressed concern that many
current generic job training programs such as JTPA have not met the
needs of individuals with disabilities. Ensuring access to generic
services is critical for many people with disabilities who can benefit
from such services.
The promise of access to generic services is also illustrated through
other provisions in S. 143. The purposes of the bill--section 2(b)--
include creating coherent, integrated statewide work force development
systems designed to develop more fully the academic, occupational, and
literacy skills of all segments of the population and ensuring that all
segments of the work force will obtain the skills necessary to earn
wages sufficient to maintain the highest quality of living in the
world. The content of the State plan set out in section 104(c) of S.
143 must include information describing how the State will identify the
current and future work force development needs of all segments of the
population of the State. The term ``all'' is intended to include
individuals with disabilities.
The accountability provisions in S. 143, section 121(c)(4), specify
that States must develop quantifiable benchmarks to measure progress
toward meeting State goals for specified populations, including at a
minimum, individuals with disabilities.
Under S. 143, State vocational rehabilitation agencies must be
involved in the planning and implementation of the generic system. For
example, under section 104(d) of S. 143, the part of the State plan
related to the strategic plan must describe how the State agency
officials responsible for vocational rehabilitation collaborated in the
development of the strategic plan. Under section 105(a) of S. 143, the
work force development boards must include a representative from the
State agency responsible for vocational rehabilitation and under
section 118 of S. 143, local workforce development boards must include
one or more individuals with disabilities or their representatives.
Under prong two the current program of one-stop shopping for persons
with disabilities, particularly those with severe disabilities,
established under title I of the Rehabilitation Act of 1973, as amended
most recently in 1992, is retained, strengthened, and made an integral
component of the statewide work force development system.
The current vocational rehabilitation system has helped millions of
individuals with disabilities over the past 75 years to achieve
employment. Since the 1992 amendments, the number of individuals
assisted in achieving employment each year has increased steadily. In
fiscal year 1994, 203,035 individuals achieved employment, up 5.8
percent from fiscal year 1992, the year just prior to the passage of
the amendments. Data for the first three quarters of fiscal year 1995
show a 8.4-percent increase in the number of individuals achieving
employment as compared to the first three quarters for fiscal year
1994.
In fiscal year 1993, 85.7 percent of the individuals achieving
employment through vocational rehabilitation were either competitively
employed or self-employed. Seventy-seven percent of individuals who
achieved employment as
[[Page S 14841]]
a result of the vocational rehabilitation program report that their own
income is the primary source of support rather than depending on
entitlement or family members.
Mrs. KASSEBAUM. Mr. President, I would like to speak for just a
moment because at 11:30 we go back into morning business for an hour.
We will be debating this later to a far greater extent, but because Job
Corps has been raised this morning by several Members, I would like to
speak for a moment to this because it is something on which we held
several days of hearings. It is a subject on which I have had grave
concerns. It has been a very important program through the years. But
like many other things, it can stand change that I believe will make it
even stronger.
Job Corps, under the legislation that we are considering, remains a
residential program for at-risk youth, but it is integrated into the
statewide work force development system. Too often today we have Job
Corps centers that are federally run that operate independently of the
vocational education efforts that are ongoing in the State. These
centers remain separate and apart from job service information when we
could include them into initiatives better able to help students find
jobs.
I think it is just absolutely essential for us today to recognize
that there is a population of at-risk youth that need a stronger
support system. Many times the Job Corps centers have become, or should
become perhaps, detention-center-type efforts, but because there has
not been a directive that has focused on the changing needs of the
population being served. I think that on the whole we are now doing a
disservice. It is not to say that it is not an important initiative.
And it remains so under this legislation with its own funding stream
and its own section.
But primary responsibility for the operation of the Job Corps centers
is transferred to the State. And each center must be linked to the one-
stop center and at other local training and education efforts. I think
that linkage is vital today to make it a successful effort.
During the 2-year transition period which is called for in this
legislation, a national audit of the Job Corps Program will be
performed. Based on the results of the audit, and other criteria, the
Secretary of Labor is directed to close 25 underperforming Job Corps
centers. The criteria used to determine which centers will be closed
are as follows. This is, Mr. President, out of 112 centers which are
operating with about 8 new ones under consideration.
The criteria would be, first, whether a given center has consistently
received low performance measurement ratings under the Department of
Labor or Inspector General Job Corps rating system; second, whether the
center is among those that have experienced the highest number of
serious incidents of violence or criminal activity; third, whether or
not the center requires the largest funding for rehabilitation and
repair; fourth, the relative and absolute cost of the centers compared
to all other centers; and, fifth, whether the center is among those
with the least State and local support.
The centers that we found that were working the best were those that
had strong local support, that had strong ties to the community and
worked well in that endeavor.
Mr. President, funds saved as a result of these closures as well as
additional funds will be allocated to the State for work force
development activities directed specifically for at-risk youth. These
activities may include, for example, grants to carry out programs to
assist out-of-school at-risk youth and participating in school-to-work
activities. Under this provision, 85 percent of the at-risk youth funds
will be distributed at the local level.
As I say, we will be debating this at some length later on because it
is of concern and it has supporters and critics on both sides of the
aisle. But it is something, I believe, that is a good example of a
program that started with the best of intentions, and still has the
best of intentions, but must be looked at in the light of the reality
of what we are dealing with today. And I feel those who are
participants, the young men and women in the Job Corps Program, are not
being served consistently as successfully as I believe they could with
some important changes that we could make in this bill. But we will be
continuing this debate later. I wanted to mention those aspects of it
at this point.
Mr. KENNEDY. Mr. President, I will just yield such time--as I
understand it, at 11:30 we will be moving to morning business.
I yield myself such time as I might use.
Mr. President, I will join in the debate and discussion on the Job
Corps Program later on in the afternoon and the substance of what I
think is an excellently crafted amendment by the Senator from Illinois
and the Senator from Pennsylvania, which I think addresses the
responses to some of the issues and problems that have been raised
during the course of hearings on the Job Corps.
I think we do not want to lose sight of the fact that we are dealing
with the most difficult of the young people in our society who, for one
reason or another, have in most instances been deprived of a good
education. They come from difficult and challenging backgrounds. This
is in many instances the last step before a life of conflict and
possibly even crime. And when you look over the profile of these young
individuals, we recognize the difficulty and the complexity that is
presented to a society and to a community in order to try to deal with
this.
Part of the problem--we will have a chance to debate this later on in
the course of the afternoon--is the fact that not all the States have
the Job Corps at this particular time. Part of the problem is that many
of the individuals who come through the Job Corps, the kind of skills
that they might be suited for may not be in the Job Corps that is
closest to them. They may have a particular aptitude to develop
particular skills in the Job Corps that is in the next State or the
State beyond that will give them the opportunity.
Part of the problem is to try to give an opportunity for young people
to move out of a neighborhood or out of a community in which that
neighborhood or community and the associates have had a powerful hold
over that individual. We will have a chance to go into greater detail
as to the challenges and the demands and also the difficulties of the
existing Job Corps issue, but I must say that I have found that the
program particularly is of value.
If you take, for example, holding a young person in my own State of
Massachusetts inside of what is route 128 that has had any kind of
contact with the law costs about $70,000 or $75,000 a year; it costs
about $35,000 to $40,000 outside of Greater Boston, the route 128 area.
We are talking about how we are going to come to grips with a group of
young men and women, 17 years old, 16 to 18, 19 years old, who have had
a very difficult and complex and rough life.
And the question is whether this Job Corps Program can open up some
opportunities for these individuals to be constructive and productive
and gainful citizens. In many instances it has been an extraordinary
success. In some instances there needs to be improvement and
strengthening of the program. I do think that the Simon-Specter
amendment addresses the particular complexities of the program.
Finally, Mr. President, as I mentioned earlier, I think when we are
looking at this legislation, when we are looking at the consolidation
of the various programs that Senator Kassebaum has pointed out, we are
also trying to include in here the best of the recommendations of the
America's Choice Program, which I think provided the most comprehensive
review of training, apprenticeship programs, what the needs were in our
own society, what is happening in other countries, very extensive
program and review of countries around the world, identifying those
effective programs, those programs that were effective in providing
skills and opportunity for young and old alike.
This proposal that is before us, although it does not include many of
the different elements of the job training that I would like to see,
is, I think, a very, very constructive, productive and innovative way
of this Nation coming to grips with the challenge of ensuring the
upgrading and continued upgrading of skills for young and old in our
society.
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I hope that we will have a chance to dispose of these other
amendments later on in the afternoon and move the whole process
forward.
Mr. PELL. Mr. President, I rise to express my strong support for this
legislation, which makes dramatic and sweeping changes not only in job
training but also in vocational and adult education.
In job training, change is without a doubt necessary. We need to
consolidate programs and to build a system that better meets the needs
of those who need job training services. In vocational and adult
education, however, the need for a massive overhaul is much less clear.
In some ways, we need simply to refine and not revamp what we already
have in law.
I am generally pleased with the course that has been set in this
bill. It will bring coherence and coordination to a system of too many
programs that have often operated at odds with each other. It will
focus job training services on those who need them most, and in a way
that will help them get the advice, assistance, and training they need.
In vocational and adult education, I believe we have fashioned an
agreement that should sustain the strong bipartisan support these
programs have traditionally enjoyed. Among the important provisions
are: No. 1, are within state formula; No. 2, a focus on at-risk
students from low-income families; No. 3, maintenance of effort and
supplement not supplant language; No. 4, an emphasis on the integration
of academic and vocational education; No. 5, the linking of secondary
and postsecondary education through exciting programs like tech prep;
No. 6, the disaggregation of data to let us know better the progress we
are making; and, No. 7, the continuation of the critically important
adult education programs.
I would emphasize, however, that we can make this bill even better if
we adopt a series of important amendments. I am very concerned, for
instance, that adult education should have a separate stream of funding
so that its accomplishments are not diminished. I believe that the
flexibility account, which constitutes 50 percent of the funding, is
too large, and that a better configuration would be one-third for work
force education, one-third for work force training, and one-third for
the flex account. Further, I believe we should approve an amendment
strengthening the Job Corps provisions now in the bill. And, I do not
believe that we should repeal the Trade Adjustment Act which helps
individuals who because of international competition, and through no
fault of their own, have lost their jobs.
Mr. President, I supported this bill in committee largely because of
the strong provisions for adult and vocational education. I support it
today for the same reasons. However, I believe we have the opportunity
to make a good bill an even better one if we approve amendments such as
those I have mentioned. I look forward to a lively and productive
debate, and remain very hopeful that the end result will be legislation
that has broad and deep bipartisan support.
Mr. DODD. Mr. President, few issues we consider are as directly
linked to the future strength of our Nation as those before us today.
The education and training we provide today point like a compass to our
Nation's future path.
The needs in education and training are clearly great. Because in the
last several decades, our economy has been transformed from an economy
in which heavy manufacturing was the central element to an economy that
is knowledge based.
Technology has and continues to revolutionize today's workplaces. The
typewriters that gained widespread use early this century are now
basically gone. Computers, with their incredible power and potential,
have taken over. It is hard to imagine how just a few years ago we
operated without internet, fax machines, or voice mail. In
manufacturing, robotics and precision machinery have replaced workers
on many assembly lines.
This rapid change makes for an exciting time in today's workplaces.
But it also presents us with many challenges. We must assure that
education and training provide all with access to the new tools of the
trade.
The work force development bill before us today makes many positive
changes to meet these challenges. Senator Kassebaum has thought
creatively about job training and vocational and adult education
programs, namely how we can make them more flexible, more customer-
friendly, and less redundant while providing critical links between
training and labor markets.
This bill includes many promising provisions, including the
transition to an accessible ``one-stop'' work force development system.
With Federal leadership, one-stops have been broadly improving access
to job training and information services in States across the country.
This bill also integrates vocational education and the Perkins Act as
full partners in the larger work force development system. Since we
last visited vocational education in 1988, vocational education has
been on the cutting edge of school reform--tech-prep and school-to-work
have established promising new models that ensure youth get the
knowledge and skills they need to pursue successful careers and
complete their education. The Work Force Development Act continues and
strengthens these important efforts.
We have worked hard on this bill in the Labor Committee and made much
progress--progress which has continued as we have approached today's
floor consideration.
I am particularly pleased that the bill now includes a summer jobs
program for at-risk youth. In committee, I offered an amendment
restoring the Federal Summer Jobs Program, which has made a profound
difference for youth across the country, and especially in our poor,
urban centers. While the provision in the bill before use today does
not go as far as my amendment, it will ensure that States establish
vital summer jobs programs.
In addition, the bill now also includes important worker protections.
It integrates, rather than eliminates, the successful employment and
training administration into the State structure. The Federal
governance structure has also been substantially improved to recognize
the primary responsibility of the Secretaries of Education and Labor.
I am especially pleased that several other changes I offered in the
past weeks and months are a part of the bill we consider today,
including increased parental involvement in vocational education and
improved conflict of interest language.
That said, I remained concerned about some aspects of the bill before
us.
I strongly believe we should make some provision in this bill for
mass worker dislocations, especially those that affect more than one
State, that are the result of Federal action or that are caused by
natural disasters. Such mass layoffs and dislocations are often too
much for any one State to handle, and we have a tradition of Federal
involvement in this area. I plan to offer an amendment on this point.
Without this amendment, the Federal Government would have no way of
addressing mass worker dislocations, and States would be left to deal
with them alone. I hope my colleagues will support my amendment.
In addition, I hope that we can restore the Job Corps Program.
Senator Kassebaum has spoken often of the need to reform Job Corps, and
I agree we should work together in a bipartisan fashion to build on the
considerable progress the administration has already made in this area.
But I do not believe the Job Corps provisions in this bill qualify as
real reform. The bill arbitrarily pulls a number out of the air and
says that 25 Job Corps centers must be closed.
It makes this determination before a national audit is complete--
that's evocative of Judge Roy Bean's famous dictum to ``hang 'em first,
try 'em later.'' The bill would also ship management of this successful
national program to the States--endangering the future of the Job Corps
as well as multiplying one administrative structure by 50.
We can also improve upon the support offered for actual job training
services. The work force development system, as proposed, will provide
workers with information on local and State labor markets, with skills
assessment and job search services. But it will
[[Page S 14843]]
guarantee workers very little in the way of real training.
Two amendments to be offered today will go a long way in providing
workers with real training. The Breaux amendment will provide support
for one of the most innovative training tools--training vouchers. Under
his amendment, dislocated workers will be empowered to make key
decisions about training.
Senator Moynihan will offer an amendment to restore the Trade
Adjustment Assistance Program. Repealing TAA, as this bill does, breaks
a covenant with America's workers, many of whom have felt the dark side
of free trade. I believe strongly that free trade is, on balance, good
for America and our workers. But it is clear there must be assistance
in helping workers transition to, train for and locate jobs in growing
industries.
Finally, I remain concerned about maintaining a Federal commitment to
audit education. Adult education has provided thousands of needy
Americans with assistance in gaining literacy skills that make them
better citizens, better parents and better workers. For these
Americans, these dollars provide dignity. I think we must assure that
these adults continue to receive these critical services through this
new system.
I want to come back to the big picture for a moment. Education and
training have always been bipartisan issues and I hope they can be on
this bill. Through the amendments today, it is clear we can work
through some of the concerns that remain to fashion consensus
legislation that will be good for American workers and good for
American students. I pledge to be a part of that dialog and am hopeful
that at the end of the day, this will be legislation that I can
support.
Mr. KENNEDY. I see the hour of 11:30 has approached.
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