[Congressional Record Volume 143, Number 65 (Friday, May 16, 1997)]
[House]
[Pages H2797-H2851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 0915
EMPLOYMENT, TRAINING, AND LITERACY ENHANCEMENT ACT OF 1997
Mr. McINNIS. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 150 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 150
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 1385) to consolidate, coordinate, and improve
employment, training, literacy, and vocational rehabilitation
programs in the United States, and for other purposes. The
first reading of the bill shall be dispensed with. General
debate shall be confined to the bill and shall not exceed one
hour equally divided and controlled by the chairman and
ranking minority member of the Committee on Education and the
Workforce. After general debate the bill shall be considered
for amendment under the five-minute rule. It shall be in
order to consider as an original bill for the purpose of
amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Committee on
Education and the Workforce now printed in the bill. The
committee amendment in the nature of a substitute shall be
considered by division rather than by section. Each division
shall be considered as read. Points of order against the
committee amendment in the nature of a substitute for failure
to comply with clause 5(a) of rule XXI are waived. Before
consideration of any other amendment it shall be in order to
consider the amendment numbered 1 pursuant to clause 6 of
rule XXIII, if offered by Representative McKeon or his
designee. That amendment shall be considered as read, may
amend portions of the bill not yet read for amendment, shall
be debatable for ten minutes equally divided and controlled
by the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division
of the question in the House or in the Committee of the
Whole. If that amendment is adopted, the bill, as amended,
shall be considered as the original bill for the purpose of
further amendment. During consideration of the bill for
further amendment, the Chairman of the Committee of the Whole
may accord priority in recognition on the basis of whether
the Member offering an amendment has caused it to be printed
in the portion of the Congressional Record designated for
that purpose in clause 6 of rule XXIII. Amendments so printed
shall be considered as read. At the conclusion of
consideration of the bill for amendment the Committee shall
rise and report the bill to the House with such amendments as
may have been adopted. Any Member may demand a separate vote
in the House on any amendment adopted in the Committee of the
Whole to the bill or to the committee amendment in the nature
of a substitute made in order as original text. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
The SPEAKER pro tempore (Mr. Foley). The gentleman from Colorado [Mr.
McInnis] is recognized for 1 hour.
Mr. McINNIS. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the gentleman from Ohio [Mr. Hall] pending
which I yield myself such time as I may consume. During consideration
of this resolution, all time yielded is for the purpose of debate only.
Mr. Speaker, this is a very simple resolution. The proposed rule is
an open rule providing for 1 hour of general debate equally divided,
controlled by the chairman and the ranking member of the Committee on
Education and the Workforce. After general debate, the bill shall be
considered for amendment under the 5-minute rule. Furthermore it shall
be in order to consider as an original bill for the purpose of
amendment under the 5-minute rule the amendment in the nature of a
substitute recommended by the Committee on Education and the Workforce
now printed in the bill.
Additionally, Mr. Speaker, House Resolution 150 provides that the
committee amendment in the nature of a substitute shall be considered
by division rather than section. Moreover, points of order against the
committee amendment in the nature of a substitute for failure to comply
with clause 5(a) of rule XXI are waived.
Mr. Speaker, the rule also provides for consideration of a manager's
amendment, if offered by the gentleman from California [Mr. McKeon] or
his designee, which shall be debatable for a period of 10 minutes. If
this amendment is adopted, the amendment will be considered as part of
the base text for further amendment purposes. Furthermore, this rule
provides that the Chair may accord priority in recognition to Members
who have preprinted their amendments in the Congressional Record.
Mr. Speaker, at the conclusion of consideration of the bill for
amendment, the Committee shall rise and report the bill to the House
with such amendments as may have been adopted. Finally, Mr. Speaker,
the rule provides one motion to recommit with or without instructions.
Mr. Speaker, under the proposed rule each Member has an opportunity
to have their concerns addressed, debated and ultimately voted up or
down by this body. House Resolution 150 was passed out of the Committee
on Rules by voice vote. I urge my colleagues to support the open rule.
Mr. Speaker, I reserve the balance of my time.
Mr. HALL of Ohio. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. HALL of Ohio asked and was given permission to revise and extend
his remarks.)
Mr. HALL of Ohio. Mr. Speaker, I want to thank my colleague, the
gentleman from Colorado [Mr. McInnis] for yielding me the time. House
Resolution 150 is an open rule. It will allow for full and fair debate
on H.R. 1385, which is the Employment Training and Literacy Enhancement
Act of 1997.
This bill consolidates more than 60 existing employment training and
literacy programs and establishes three block grants to States and
localities. It is needed to improve Federal education and job training
programs to meet more effectively the needs of States and local
communities. These programs have provided valuable assistance to
dislocated workers and disadvantaged adults and young people. The goal
is to improve a system which has already demonstrated its importance to
our Nation's work force.
As my colleague from Colorado described, this rule provides for 1
hour of general debate, equally divided and controlled by the chairman
and ranking minority member of the Committee on Education and the
Workforce. Under this rule, amendments will be allowed under the 5-
minute rule, the normal amending process in the House. All Members will
have the opportunity to offer amendments.
It is my understanding that, before the Committee on Rules met last
night, an agreement between the majority and minority had been reached
on the manager's amendment to drop certain provisions dealing with
special demonstrations. Subsequently the rule was approved unanimously
by the Committee on Rules on a voice vote.
Mr. Speaker, I urge the adoption of this open rule and the bill.
Mr. Speaker, I yield back the balance of my time.
Mr. McINNIS. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. Pursuant to House Resolution 150 and rule
XXIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 1385.
[[Page H2798]]
The Chair designates the gentleman from Ohio [Mr. Ney] to preside
over the Committee of the Whole, and requests the gentleman from
Colorado [Mr. McInnis] to assume the chair temporarily.
{time} 0923
In the Committee of the Whole
Accordingly the House resolved itself into the Committee of the Whole
House on the State of the Union for the consideration of the bill (H.R.
1385) to consolidate, coordinate, and improve employment, training,
literacy, and vocational rehabilitation programs in the United States,
and for other purposes, with Mr. McInnis (Chairman pro tempore) in the
chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. Pursuant to the rule, the bill is
considered as having been read the first time.
Under the rule, the gentleman from Pennsylvania [Mr. Goodling] and
the gentleman from Missouri [Mr. Clay], each will control 30 minutes.
The Chair recognizes the gentleman from Pennsylvania [Mr. Goodling].
Mr. GOODLING. Mr. Chairman, I yield myself such time as I may
consume.
Today, we are going to deal with legislation that is the culmination
of 6, 7, 8 years of work, I would suppose, of a very dedicated staff
and members of this committee as well as the Governors, State
legislators, educators, local elected officials, State elected
officials. It is a bipartisan effort to take what the General
Accounting Office said are 160 job training programs from the Federal
level, consolidate them into three block grants and get them back to
State and local government so they can be much more effective.
As most Members know, only 25 percent of our population ever graduate
with a 4-year degree. Hundreds of thousands of those, of that 25
percent, are either unemployed or underemployed. At the same time, we
have spent very little time dealing with the 75 percent who do not
receive a 4-year college degree and yet we had hundreds of thousands of
high-technology jobs waiting for those who can be trained in order to
take those jobs.
Unfortunately, there are those who mistakenly believe that this
legislation increases the Federal role in the area of employment,
training and literacy programs. There are those who say that this
legislation is an intrusion into the American family. This could not be
further from the truth. H.R. 1385 vastly reduces Federal involvement in
these programs, transfers the vast majority of resources and authority
to the States and local communities, and most importantly, sends
authority and responsibility into the hands of actual individuals,
giving people choices in the selection of occupation services and
service providers so that they are empowered to succeed in today's
society. So what happens if we do nothing today or if this bill gets
bogged down in political debate?
I will tell my colleagues what happens. Most of these programs are
permanently authorized and will continue to receive funding without any
reform at all. Government control and bureaucracy will not be curtailed
but will continue, and these programs will continue to be funded.
In fact, I just heard that the budget negotiators are now talking
about adding $3 billion for employment and training assistance for
welfare recipients. I sure hope that they are talking about that money
going to this consolidated program, not something new from the Federal
level.
So we cannot afford to lose this opportunity to reform the system so
that States and local communities, and, most importantly, American
citizens have the flexibility to develop employment, training and
literacy programs that work.
Mr. Chairman, I reserve the balance of my time.
Mr. CLAY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the ability of our Nation to provide education and
training opportunities to our people is more important now than ever
before. Our success in the increasingly competitive global economy will
largely depend upon the skills and productivity of our workers.
Education and job training programs provide workers with the
opportunity to learn and to improve their skills.
It is our duty to make certain that those programs are effective and
efficient. Many have criticized our current training system for being
too duplicative and too sparse. The legislation we consider today will
improve the coordination of services, provide quality assistance and
foster efficiency.
I am especially grateful that this agreement addresses the unique
needs of dislocated workers as well as providing for meaningful local
decisionmaking. As Members may remember, these issues were among the
highest priorities advocated by Democrats during last year's
deliberations on the careers bill. With respect to the adult education
provisions of this bill, I believe that we have made solid progress. We
have made sure that the program remains a part of the Elementary and
Secondary Education Act, that it will be administered by the State
agency now in charge of adult education, that the program has a
reasonable maintenance of effort standard, and that it will continue to
serve a critically important role in the education of those who need
its services.
I want to particularly compliment the gentleman from Pennsylvania
[Mr. Goodling] and the gentleman from California [Mr. McKeon] for their
leadership and for their sincere efforts to make this a bipartisan
effort on this bill. I appreciate their willingness to seek resolution
of our differences on this issue. I also want to commend my Democratic
colleague, the gentleman from Michigan [Mr. Kildee], the ranking member
of the Subcommittee on Postsecondary Education, Training and Life-Long
Learning, for picking up where his predecessor, Pat Williams, left off
by ensuring that any compromise adequately protects Democratic
concerns.
{time} 0930
Mr. Chairman, I ask unanimous consent that the gentleman from
Michigan [Mr. Kildee], the ranking Democrat on the subcommittee, be
given the authority to control the minority's time during general
debate.
The CHAIRMAN pro tempore (Mr. McInnis). Is there objection to the
request of the gentleman from Missouri?
There was no objection.
Mr. CLAY. Mr. Chairman, I reserve the balance of my time.
Mr. GOODLING. Mr. Chairman, I yield such time as he may consume to
the gentleman from California [Mr. McKeon], the subcommittee chairman,
who worked long and hard on this issue.
Mr. McKEON. Mr. Chairman, I thank the gentleman for yielding me this
time. I rise in strong support of H.R. 1385, the Employment, Training,
and Literacy Enhancement Act of 1997.
This bill is an important step in addressing the Nation's long-term
work force preparation needs by helping States and local communities to
make sense out of our current confusing array of employment, training
and literacy programs.
The bill accomplishes long overdue reform, consolidating over 60
Federal programs through the establishment of three block grants to
States and local communities for the provision of such services and
through amendments to the Rehabilitation Act.
It accomplishes key reforms in this country's job training system by
building on the three principles of individual choice, quality training
for the 21st century, and the transfer of resources and authority for
employment, training and literacy programs to States and local
communities.
For youth, we amend the JTPA's current disadvantaged youth programs,
increasing the focus of such programs on longer term academic and
occupational training rather than short-term employment fixes,
requiring that all employment experiences under these programs be tied
to academic and occupational learning opportunities and prioritizing
services for hard-to-serve disadvantaged youth, including school
dropouts.
For adults we establish a single delivery system for adult employment
and training that maximizes individual choice in the selection of
occupations and training providers. The bill encourages an employment-
first approach to job training that will greatly compliment our efforts
in welfare reform, where individuals purchase training services through
their use of vouchers when in need of skilled training.
Not only will this legislation result in improved services to
dislocated
[[Page H2799]]
workers, but it will also result in enhanced services provided to
welfare recipients who must make the transition from welfare to work.
Title V of the bill amends the current Adult Education Act,
consolidating existing adult education and family literacy programs
into flexible block grants to States. This portion of the bill includes
important linkages to employment and training programs to ensure that
individuals seeking employment and training services have the literacy
skills they need in order to succeed.
With regard to vocational rehabilitation, the bill extends the
authorization through the year 2000, allowing the 106th Congress to
comprehensively review the Rehabilitation Act. It also streamlines the
paperwork requirements of the title 1 vocational rehabilitation
program, saving resources and increasing client choice.
This legislation will not only provide the flexibility that States
and local communities need to vastly improve their employment and
training efforts, but it will provide individuals that are in need of
these services with the information, choice and resources that they
need to become skilled and gainfully employed.
Unfortunately, there is a great deal of misunderstanding about this
bill. This legislation is written to empower individuals, not the
Federal Government, to make decisions about their own lives and their
individual employment and training needs. The bill significantly
reduces the involvement of the Federal Government in the design and
operation of these programs.
Because Federal job training programs are permanently authorized, if
we do nothing today, we will keep the status quo and programs will
continue to be funded with no reform or reduction in Federal
bureaucracy. In fact, it is likely that the budget will contain
increased funding for employment and training for welfare recipients,
another new program on top of many others.
We cannot afford to continue to operate in this fashion. We need the
Employment, Training, and Literacy Enhancement Act that will allow
local communities to make sense out of these programs. And if the
budget does contain increased funding for services to welfare
recipients, we must ensure that this system is fully utilized so that
we do not add yet another program to our growing list of employment,
training and literacy programs.
The skills of this Nation's work force are more important today than
ever before. This legislation will go far to help States and local
communities to reform employment, training and literacy programs that
address the individual skill needs of their citizens, and it will go
far to empower individuals to break the cycle of dependency that has
plagued our country for far too long.
I want to take this opportunity to thank the Members of our committee
for their contributions in the development of this legislation; in
particular, the gentleman from Pennsylvania, Chairman Goodling, for his
insight and leadership over the years on this issue. He has been
working on this for many years, and I am proud to see that it is coming
to fruition.
I also want to thank the gentleman from Missouri [Mr. Clay], and the
gentleman from Michigan [Mr. Kildee], who has worked so hard and worked
closely with us to develop this legislation in a truly bipartisan
fashion.
I would also like to thank the administration for working with us to
make this effort one that is likely to be enacted this year.
Finally, I am pleased to announce that the National Governors'
Association, the National Conference of State Legislatures, and the
National Association of Counties have reached an important agreement
with regard to this legislation that will be reflected in an en bloc
package of amendments that I plan to offer later this morning.
And I would like to thank these organizations for all their efforts
to help us in the development of this bill. In fact, all three of these
organizations, in addition to the American Association of Community
Colleges, the U.S. Chamber of Commerce, the Society for Human Resource
Management, the Computing Technology Industry Association, and others
have written in support of H.R. 1385.
This is a good bill that will help the country's workers gain the
skills they need to succeed in today's work force. I urge my
colleagues' support of this important legislation.
Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
(Mr. KILDEE asked and was given permission to revise and extend his
remarks.)
Mr. KILDEE. Mr. Chairman, I am pleased to rise to support H.R. 1385,
the Employment, Training, and Literacy Enhancement Act of 1997. We have
been talking for several years now about the need to create an
integrated employment and training system that meets the challenge of
preparing American workers for the jobs of the future.
Last year our efforts collapsed in conference, I believe largely due
to problems in the Senate. This year, however, the gentleman from
California [Mr. McKeon], the subcommittee chairman, and the gentleman
from Pennsylvania [Mr. Goodling], the committee chairman, have
approached this issue in a bipartisan manner, and I believe the bill
before us today reflects the consensus approach they have taken to job
training reform.
In particular, I certainly appreciate the fact that they have ensured
that the Federal investment in dislocated workers is maintained. While
it is important to streamline and integrate job training programs, it
would have been short-sighted to have done so in a way that reduced our
ability to provide services to workers in transition. The guarantee of
a separate funding stream within the adult block grant in H.R. 1385 is
a major improvement over last year's legislation.
I am also pleased to see the extent to which this bill builds upon
what is already working in local communities.
The bill also strengthens accountability in the job training system.
First, all job training providers will be accountable to customers
through a requirement that they provide annual information that will
serve as a consumer's report card that will help guide customers'
choices about which institutions have the best record of helping to
acquire the skills necessary to get jobs.
In addition, States and local areas will have to reach negotiated
performance benchmarks that will serve to ensure that they are
accountable for results. The accountability provisions are considerably
stronger than last year's conference report, and I am particularly
supportive of new safeguards which will ensure adults are not defrauded
by unscrupulous or fly-by-night training providers.
The bill consolidates programs for at-risk economically disadvantaged
youth, integrating classroom and work-based learning, providing
learning opportunities at work sites, linking secondary learning and
postsecondary learning, and fully involving the private sector.
The reintroduction of a substate formula for a portion of the funds
in both adult and youth block grants will also be an important
safeguard to ensure that local areas continue to get the resources to
meet the needs of their population. I applaud the State and Local
Coalition for reaching agreement to reinsert substate formulas as
reflected in the Chairman's en bloc amendment.
I think there are some areas in this bill which could still use
improvement, and I hope that as we move in the Senate and then in the
conference the spirit of bipartisan cooperation will continue to
prevail.
With respect to the Adult Education and Family Literacy Act
provisions in this legislation, I am very pleased with what we have
been able to accomplish and am especially gratified that we did our
work in a spirit of true bipartisanship. In that regard, I want to pay
special thanks again to both the chairman of the Committee on Education
and the Workforce, my good friend, the gentleman from Pennsylvania [Mr.
Goodling], who has long been a champion of adult education and family
literacy, and to the chairman of the subcommittee, the gentleman from
California [Mr. McKeon], who has been very willing to work out
differences in a very amicable fashion.
This legislation keeps adult education as a part of the Elementary
and Secondary Education Act. I believe this is critical in making it
very clear that adult education is first and foremost an education
program.
There are other adult education provisions of this legislation that
are also
[[Page H2800]]
important; provisions such as the separate such sums authorization,
continued funding for professional development, a more reasonable
maintenance of effort standard, and the possibility of ongoing support
for State literacy resource centers.
There are several areas, however, where it might be helpful to have
greater clarity regarding legislative intent. First, I view the
provisions regarding the eligible agency in charge of adult education
programs to be the State agency currently in charge of those programs,
and that the reference to State law means State statutory law that
cannot be overridden by a Governor's executive order.
Second, the accountability provisions in this legislation certainly
do not preclude the Secretary of Education from judging State plans on
both quality and technical specifications. Quite to the contrary, I
believe the Secretary has the clear authority to make such a judgment.
Third, English literacy programs most definitely include English as a
second language instruction.
Fourth, when we go to conference, I believe we should fashion an
agreement that will end the confusion of having to consult two
different acts to obtain a full knowledge and understanding of the
Federal adult education legislation. It is important that those at the
State and local level be able to look at one act and get a full and
complete understanding of Federal law in this area.
While not every provision I wanted has found its way into this
legislation, I am on the whole very pleased with the adult education
provisions we have been able to work out. I believe they will move
adult education forward and they will contribute immensely to both
strengthening and expanding the very crucial work done by adult
education programs in community after community across this land.
I am also pleased to support the amendments to the Vocational
Rehabilitation Act contained in H.R. 1385. Those amendments go a long
way in streamlining and clarifying certain provisions of that act.
Specifically, the revised individualized plan for employment will
provide a greater opportunity for disabled persons to develop their own
employment plans. The role and participation of program consumers in
the individualized plan for employment will be strengthened as a
result.
Under current law, the individual's plan is jointly developed and
approved by the eligible individual and the vocational rehabilitation
counselor. Under this bill, an eligible individual would be allowed the
option to assume primary responsibility in the development and
direction of that employment plan.
The bill also simplifies and clarifies existing requirements and
eliminates burdensome process requirements without compromising
consumer protections in order to streamline the process.
Mr. Chairman, the bill under consideration also provides for a
greater consumer involvement based upon informed choice options. State
agencies would be required to develop written policies and procedures
related to informed choice, including procedures for informing
individuals about the availability and scope of informed choice, and
for assisting individuals to acquire information necessary to exercise
that choice.
{time} 0945
Finally, Mr. Chairman, H.R. 1385 requires that Federal agencies
provide certification of compliance with electronic and information
technology accessibility guidelines under section 508 of the
Rehabilitation Act. In other words, Mr. Chairman, this bill ensures
that the Federal Government monitors its own requirements to assist
disabled persons with respect to the accessibility of electronic and
information technology.
Mr. Chairman, I am pleased to support H.R. 1385 and am very grateful
to the gentleman from Pennsylvania [Mr. Goodling] and the gentleman
from California [Mr. McKeon] for their very, very hard work, their
very, very close cooperation and their willingness to compromise. We
both compromised on this. Neither side is totally pleased, but this is,
I think, a piece of work that we can support.
Mr. Chairman, there has been some concern expressed that this bill
will set up a parallel apprenticeship and training certification
procedure in competition with the process administered by the
Department of Labor's Bureau of Apprenticeship and Training and State
apprenticeship agencies approved by the BAT. I am satisfied, however,
that designation by Local Workforce Boards, in consultation with the
State's Governor and legislature, of training programs eligible to
receive funds under this bill is not intended to certify such programs
for Federal purposes in the same manner as certification by the BAT and
State apprenticeship agencies, and should not be regarded as such.
Moreover, I am aware of concern that funds authorized by this bill will
be used to provide financial assistance to apprenticeship training
programs in industries, such as construction, that have been
traditionally financed exclusively by private funds. I am confident
that the outstanding training currently provided in these areas will
continue to be financed by the private sector so that the limited
financial resources authorized by this bill can be earmarked for
training in these areas that have been neglected or, for some other
reason, must rely on Federal financial assistance. I intended to work
with Members of the Senate to clarify further this policy in the final
bill.
Mr. McKEON. Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman
from New Jersey [Mrs. Roukema], a member of the committee.
(Mrs. ROUKEMA asked and was given permission to revise and extend her
remarks.)
Mrs. ROUKEMA. Mr. Chairman, I want to express my deep appreciation to
the chairman of the full committee, the chairman of the subcommittee
and certainly the ranking members who have worked so hard on this
bipartisan effort so that both sides of the aisle have reached
consensus, and I think we should be proud of that. This is a good bill,
and I support it.
Certainly following on the heels of last year's efforts, we should
look forward to great advancement. This is a great advancement and
improvement over current law. It not only consolidates the programs of
adult training, disadvantaged youth training and adult education, and
literacy, but it also fortunately adopted the right course of action by
removing the vocational education part from this legislation to ensure
that voc ed would not be lost in the overall job training block grant.
I think that was a success.
I would like to commend the committee for recognizing the importance
of the supportive services, transportation and child care assistance.
We incorporated that into this bill and that provision had its
beginning in legislation that I, along with the gentleman from Texas
[Mr. Smith], the gentleman from Indiana [Mr. Roemer], and the gentleman
from North Carolina [Mr. Watt], had sponsored. We deeply appreciate the
fact that that kind of training assistance has been incorporated in
this bill. It will help hundreds of thousands of people take advantage
of training possibilities.
Mr. Chairman, I think my colleagues know my strong support over time
of the block grant approach and I must say that I continue to support
block grants. But in this legislation I think we have struck the proper
balance and given the appropriate safeguards to get the best advantage
out of how States and the Federal Government work together in these
training programs. The legislation I think has found the proper
balancing point between State and local governments, and we will all
have the advantage of this relationship.
I want to point out in specific terms that it is organizations like
the ARC's in my district of Bergen and Passaic Counties and Warren and
Sussex Counties that have the experience with servicing individuals
with disabilities and have earned the respect of everyone. It is these
kinds of community organizations that will work with the business
community under this legislation to provide the job opportunities and
the training that is necessary. I think it is very practical. It uses
the strengths of all the private sector as well as the public sector,
and we are in great debt to the organizations such as these that ensure
that these individuals with disabilities will receive the best possible
assistance and training.
Mr. Chairman, I rise today in support of this legislation. As a
member of the Subcommittee on Post-Secondary, Training and Lifelong
Learning, I am proud of the bipartisan effort that has brought Members
on both sides of the aisle to consensus. We have here before us clear
evidence that bipartisanship works and that Congress works when we are
bipartisan.
[[Page H2801]]
Following on the heels of last year's failed attempt at reform, this
bill represents a significant improvement over current law. It
consolidates programs of adult training, disadvantaged youth training
and adult education, and literacy. I would add that the committee
adopted the right course by removing vocational education from this
legislation to ensure that it would not be lost in the overall job
training block grant.
In addition, I would like to commend the committee for recognizing
the importance of supportive services, such as transportation and child
care assistance, which will enable individuals to participate in the
adult training services. This began as legislation introduced by myself
and Representatives Lamar Smith of Texas, Tim Roemer of Indiana, and
Mel Watt of North Carolina. Our legislation was introduced to make it
possible for adults who want to learn to read and receive training to
follow that path. About 300,000 individuals who enroll in adult
education programs have to withdraw because of the lack of support
services. Access to transportation and child care makes it possible for
those who want to make their lives better to take advantage of the
adult education programs. We are pleased that our legislation was able
to become a part of this bill before us today.
Mr. Chairman, as many of my colleagues know, I have been a longtime
supporter of the block grant approach. However, I continue to insist
that all block grants to the States come with effective and appropriate
safeguards. Therefore, I am pleased that this legislation continues to
require the States to work with the appropriate Secretary in
determining these goals and benchmarks, while allowing the State to
specify standards and indicators to focus on employment outcomes. The
legislation also highlights certain core indicators, including
placement in unsubsidized employment, retention in employment, increase
in earnings, attainment of industry-recognized skills, reduction in
welfare dependency and attainment of high school diploma or general
equivalency diploma.
In addition, States are responsible for developing a State plan which
would be submitted, reviewed, and approved by the Secretary for review.
This legislation also has found the proper balancing point between
State and local governments. The States will be responsible for working
on performance indicators, while the local work force development board
will be responsible for the day-to-day oversight of job training and
placement.
Mr. Chairman, I would also like to commend the committee on including
the concerns of the disabled community in the composition of the work
force development boards. Community-rehabilitation providers which
serve individuals with disabilities have earned the respect of their
local communities and the public sector.
In New Jersey, the ARC's of Bergen and Passaic Counties, and Warren
County and Sussex County have all had experience with serving
individuals with disabilities and have earned the respect of northern
New Jersey. Their involvement with the business sector has provided the
community-rehabilitation providers with a comprehensive knowledge of
the job opportunities available to and training services needed by
individuals with disabilities.
Organization such as these will ensure that individuals with
disabilities will receive proper career development information which
will maximize the board's ability to assist individuals with
disabilities in gaining successful employment. Such a goal is an
important part of the goals of this legislation.
And, Mr. Chairman, let take this opportunity to thank Mr. James
Seath, executive director of the ARC of Bergen and Passaic Counties and
Mr. Bob Pruznick, the executive director of Warren County ARC for their
advice and counsel.
Mr. Chairman, I support this bipartisan legislation. It represents
solid progress toward increasing job training and placement as our
Nation faces the education and work place challenges of the new
millennium.
Mr. KILDEE. Mr. Chairman, I would also like to thank the gentlewoman
from New Jersey [Mrs. Roukema] for all her work on the committee. She
is indeed a great Member of Congress and has been very helpful on this
bill.
Mr. Chairman, I yield 3 minutes to the gentlewoman from California
[Ms. Woolsey].
Ms. WOOLSEY. Mr. Chairman, first of all I want to thank the gentleman
from California [Mr. McKeon] and the gentleman from Michigan [Mr.
Kildee] for their leadership on this bill. It is a good bill and it is
truly a bipartisan effort, and it reflects also the good working
relationship of the gentleman from Pennsylvania [Mr. Goodling], the
chairman, and the gentleman from Missouri [Mr. Clay]. I thank them so
much for letting us have something this positive to be talking about
today. That is why it is such a good bill.
I am particularly pleased that my amendments concerning training for
nontraditional occupations and studies on self-sufficiency standards
were included in the bill. The requirements of the new welfare law make
it more important than ever that women have a full range of job
choices. This bill will make it easier for women to train for those
high-wage jobs that actually pay a livable wage.
H.R. 1385 will also help to ensure that job training programs that
receive taxpayers' funds do in fact train workers for jobs that pay a
livable wage, a job they can afford to live on. The bill does this by
allowing the Secretary of Education to conduct research to develop
self-sufficiency standards.
A self-sufficiency standard measures local basic living costs, such
as housing, transportation and child care. These costs determine
whether a worker after training will earn enough in salary and benefits
to make herself and her family truly self-sufficient, able to live
independently off of public assistance. This is important, because it
is a waste of taxpayers' funds to train workers for jobs that do not
enable them to support themselves and their families and to keep them
independent of assistance.
I am also pleased that this bill that we are considering today
includes the amendments offered in committee by the gentleman from
Colorado [Mr. Bob Schaffer] and myself to ensure that State legislators
have a role in implementing job training funds as part of State-wide
planning for their education and welfare programs.
Mr. Chairman, this is a good bill. It makes needed reforms to our
system of job training programs, and I urge my colleagues to support
it.
Mr. GOODLING. Mr. Chairman, I yield the balance of my time to the
gentleman from California [Mr. McKeon] and I ask unanimous consent that
he be permitted to control that time.
The CHAIRMAN. Is there objection to the request of the gentleman from
Pennsylvania?
There was no objection.
Mr. McKEON. Mr. Chairman, I yield 2 minutes to the gentleman from
Nebraska [Mr. Barrett], a member of the committee.
Mr. BARRETT of Nebraska. Mr. Chairman, I thank the gentleman for
yielding me this time, and I congratulate him for his efforts in
bringing the bill to this point, along with the assistance of the
gentleman from Michigan [Mr. Kildee], his ranking member, the gentleman
from Pennsylvania [Mr. Goodling], the committee chair, and the
gentleman from Missouri [Mr. Clay], the ranking member of the full
committee.
Mr. Chairman, I do rise in strong support of H.R. 1385. As has been
suggested, the bill already eliminates nearly 70 programs, directs more
money to States and local communities, and it does enable individuals
to make an informed decision on what types of job training they need.
The bill also includes my amendment that would make a change in
current law that will have a positive effect on our disabled youth who
are preparing to leave school and move into the State vocational
rehabilitation system.
The Nebraska Vocational Rehabilitation Services agency operates a
transition program that can allow the agency to participate in a
disabled child's individualized education plan once that child reaches
the age of 14. This participation has been welcomed by schools and
parents as it does help them to understand the types of vocational
rehabilitation services that may be available once the child leaves
high school. The transition program is helping 2,000 children to
prepare to enter the State's vocational rehabilitation system.
Yet, current Federal requirements are burdensome because State
vocational rehabilitation agencies must have an individualized written
rehabilitation plan, should the State make contact with an individual
who may need their services. In the context of transition services for
children, this requirement is unnecessary as the child's special
education planning, which is mandated by IDEA, already takes into
account the child's educational needs. My amendment merely removes the
written requirement for children who are being served through an
individualized educational plan.
[[Page H2802]]
I do encourage my colleagues to support H.R. 1385.
Mr. KILDEE. Mr. Chairman, I yield 3 minutes to the gentleman from
Ohio [Mr. Traficant].
(Mr. TRAFICANT asked and was given permission to revise and extend
his remarks.)
Mr. TRAFICANT. Mr. Chairman, I found very interesting the remarks of
the gentleman from Michigan [Mr. Kildee], a true gentleman, and when it
comes to education programs in Congress, we have probably seen more
real spirit of working together than anywhere else.
I want to compliment the gentleman from Pennsylvania [Mr. Goodling]
and the gentleman from Missouri [Mr. Clay]. I think they have tried to
help the American people and the gentleman from Michigan [Mr. Kildee]
and the gentleman from California [Mr. McKeon] now joining forces with
that, I want to compliment the gentlemen, and I thank them from an area
that lost an awful lot of jobs.
With that, this bill combines three major programs. It is smart, it
is intelligent what the gentlemen have done, but in order for me to
effect my Buy American language, I have to offer three Buy American
amendments to three different spots, and after all that I am not sure
it is going to apply to every dollar in the bill so I want to make sure
the legislative history in debate understands that after this is
offered en bloc and hopefully accepted that all of the money in this
act will be covered by the basic language that is exactly similar in
all three amendments.
I would like to talk just for a minute about some developments that
have occurred in our country in the loss of jobs. We are retraining
workers and we are trying to do our best with dislocated workers. It is
very important in my district. But I am actually trying to find out
what jobs we are retraining them for. I think we are getting to the
point where we have trained a lot of welders, a lot of burger flippers,
but the occupational classifications of new jobs listed by the
Department of Labor scares me I say to the gentleman from Pennsylvania
[Mr. Goodling] and the gentleman from Missouri [Mr. Clay]. As the
chairman and ranking member, I want to just let the gentlemen hear a
few: Belly builder; plate stacker; streetlight repairer helper; diaper
machine tender; dog washer; dog food mixer; earmuff assembler;
brassiere cup molder cutter; sweatband shaper; ball point pen cartridge
tester; feather stitcher; ribbon winder; puzzle assembler; dope mixer.
I really want to know what that is. Bosom presser; sanitary napkin
folder; pantyhose crotch closer.
Let me say this. There is dignity in all work and I do not want to
malign anybody's occupation, but when our Department of Labor has to
try and make it look like there are jobs in this country by actually
dotting every ``I'', crossing every ``T'' and trying to imagine every
little simple task that might be covered under basic laboring types of
provisions, then we have other things to do than to just retrain.
I am asking today from one of the best committees I have seen operate
since I have been here, to the gentleman from Pennsylvania [Mr.
Goodling] and to the gentleman from Missouri [Mr. Clay], to put their
minds together and pull upon the resources of Congress and see what we
can do to enhance reasonable job opportunities for those dislocated
workers. My amendment will cover all the provisions and I want it to be
understood it will cover all the money in the bill. I thank the
gentleman for yielding me this time.
Mr. McKEON. Mr. Chairman, I yield 2 minutes to the gentleman from
Pennsylvania [Mr. Peterson], a new member of the committee who has been
very active in working on this bill.
Mr. PETERSON of Pennsylvania. Mr. Chairman, I too would like to rise
to congratulate the chairmen of this committee and the subcommittee and
the ranking members of the committee and the subcommittee because this
is how it should be done. Those of my colleagues who think this bill
will pass rather easily today without much trouble, that is true. But
there has been a whole lot of hard work, a whole lot of compromise, a
whole lot of commitment to getting to home plate and scoring the run. I
congratulate those. I think a lot of other committees in this Congress
could watch and observe and do better.
America will be challenged in my view in the years ahead to provide
the workers with the opportunities to receive the technical education
they need to meet tomorrow's jobs. As I view factories, and I try to
tour at least one or two a week in my district, they are changing. If
we are going to remain a strong manufacturing nation, and I think we
must, I agree with the gentleman from Ohio, if we do not maintain
manufacturing in this country, we will be a second-rate nation.
{time} 1000
We have to have workers with a whole lot more skills than were needed
just a few years ago. Today we are taking a step, not all the steps we
need to take, but we are taking a major step. When we combine 60
programs into 3 block grants and allow the local folks, the States and
the local community groups, to decide what is needed and how to do it,
we will be much more successful.
Historically, as a State legislator and a State senator, I so often
tried to help people fit into those Federal categories and get the
training they needed, and so often we failed because even though there
were 60-some programs, the Federal Government cannot design enough
slots and enough types of programs to meet the needs that are out
there, and we failed at it. Many people were trained for jobs that are
not available, people were given skills that no longer are valuable,
and that will have a chance to cease with this program.
Mr. Chairman, I want to also thank the gentleman for allowing my
amendment which will allow incumbent workers to be trained, and I think
that is important. So often we have skill centers sitting idle on
weekends and nights, and they were not able to use them because of all
the Federal hoops they had to jump through, and those should be on a
fee-for-service basis, allowed to train local people, and the
investments we made need to be utilized to train everybody we can
train. And I just think this is a bill moving in the right direction,
and I commend those who made it happen.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentlewoman from
California [Ms. Eshoo] who played a very crucial and essential role in
perfecting section 508.
Ms. ESHOO. Mr. Chairman, I rise in support of H.R. 1385 and the en
bloc amendment.
In particular, I would like to thank the gentleman from Pennsylvania
[Mr. Goodling], the gentleman from California [Mr. McKeon], the
gentleman from Missouri [Mr. Clay], and certainly the gentleman from
Michigan [Mr. Kildee] for accepting the language I offered to
strengthen section 508 of the Rehabilitation Act. I would also like to
thank the gentleman from Massachusetts [Mr. Tierney] for his
willingness to actively support this provision in full committee.
There are approximately 145,000 Federal employees with disabilities,
and they comprise 7\1/2\ percent of the Federal work force. Most work
in the Departments of Defense, Veterans' Affairs, and Agriculture.
Information technology has played a large role in opening up jobs in
the Federal Government and elsewhere to people with disabilities. An
estimated 43 percent of employed people who are blind or visually
impaired use computers to write. However, information technology can
also shut the door to people with disabilities if it is not accessible
to them.
So it is imperative for Federal employees with disabilities to have
Federal agencies purchase information technology that gives them a
chance to do their jobs well. Section 508 of the Rehabilitation Act was
designed to achieve this goal, but it was not working as it should have
because it did not have teeth in it and terms of enforcement. It now
does.
The en bloc amendment establishes a way to enforce agency compliance.
It will require the OMB to develop uniform procedures for Federal
agencies to use each year to certify whether or not they are in
compliance with section 508, and the OMB also is given authority to
review agency compliance statements and assist the agencies in making
their information technology systems accessible to their employees with
disabilities.
[[Page H2803]]
I urge my colleagues to support certainly this bill. I congratulate
the leadership and all the members of the committee for the outstanding
work that they have done. I certainly support H.R. 1385, and I am very
proud to have this language included. I really think it is going to
make a difference for the people that we employ, and the message will
go out to the country that we, too, the Federal Government, are an
enlightened employer in this country.
Mr. McKEON. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from Montana [Mr. Hill].
Mr. HILL. Mr. Chairman, I would like to thank the gentleman from
California [Mr. McKeon] and the staff for their hard work on the
vocational rehabilitation programs that are part of this bill. I also
want to thank the gentleman for accepting my suggestions as part of his
en bloc amendment to promote self-employment and small business
ownership for people with disabilities.
Since 1998 the Rural Institute on Disabilities at the University of
Montana has conducted research and development self-employment models
for promoting self-employment for people with disabilities. I have been
working with the University of Montana on these amendments, and I am
pleased that they have been accepted.
Self-employment is part of the American dream. People are drawn to
the notion of working for themselves in a way that they are not
attracted to working for someone else. Americans think of self-
employment as a way to control their own futures and to make work more
fulfilling.
Although self-employment is part of the American dream, it is often
overlooked as part of the vocational rehabilitation system, which
typically focuses on placing people as employees, and while it is not
appropriate for all people with disabilities, self-employment is a
vital option for many.
For example, from 1988 through 1992 vocational rehabilitation has
placed 5,000 people with disabilities in self-employment, which
represents only 2.7 percent of those placements, and while 5,000 is a
large number, the 1990 census stated that over 12 percent of working
age people with disabilities are self-employed.
My amendment legitimize the use of self-employment for vocational
rehabilitation and provides one more way for people with disabilities
to become self-sufficient, and I urge the adoption of Mr. McKeon's en
bloc amendment.
Mr. KILDEE. Mr. Chairman, I yield 3 minutes to the gentleman from
Ohio [Mr. Sawyer], a former and much missed member of this committee.
(Mr. SAWYER asked and was given permission to revise and extend his
remarks.)
Mr. SAWYER. Mr. Chairman, I thank my friend, the gentleman from
Michigan [Mr. Kildee] for the opportunity to rejoin in this discussion
today. I particularly want to thank him and the gentleman from Missouri
[Mr. Clay] and the gentleman from Pennsylvania [Mr. Goodling] and the
gentleman from California [Mr. McKeon] for the quality of work. It is
an example of the kind of thing that can be accomplished when we work
together, and I would like to thank and commend all of my colleagues
from the Committee on Education and the Workforce for their real
teamwork on this legislation.
Mr. Chairman, for several years we have known that our job training
delivery system is sometimes duplicative, often confusing, and far too
often ineffective. Programs are training people for jobs that sometimes
no longer exist, and potential workers have to navigate a maze of
different service delivery systems in order to get training. For our
industries to succeed, our workers must be highly productive. They need
the education and training necessary to keep them in tune with
technological advances and innovations in real time.
In the last Congress, the committee began with common goals to
consolidate programs, to increase flexibility, and to improve the
delivery of services. In the last Congress it was known as the Careers
Act. I was a member of the conference committee for that legislation.
It seemed to be moving in the direction that Members on both sides of
the aisle could support, but it also had some fairly basic flaws that
were never resolved, and over time changes moved the Careers Act even
further away from its original concept.
This legislation, H.R. 1385, is different. In fact, it incorporates
almost every one of the concerns that were raised by Democrats in the
last Congress. It also gives States and localities the flexibility to
provide adults and youth with the literacy services or training
necessary for the jobs that exist in their communities.
I support this bill, but I have to admit that I am a little bit
saddened that it would repeal legislation that I offered which created
important pieces of literacy and adult education infrastructure. The
National Literacy Act of 1991, which was supported by both the
gentleman from Michigan [Mr. Goodling] and myself, was signed into law
by former President Bush. But laws evolve as the economy evolves, and
we need to understand that if we are going to be effective in delivery,
that those structures need to evolve with them and to improve.
Mr. Chairman, I am pleased that many of the important elements,
including the National Institute for Literacy, will remain in existence
under the auspices of the Adult Education Act. I am also pleased that
this legislation allows States to maintain their commitment to
professional development for adult education and to the State and
regional literacy networks.
The Ohio Literacy Resource Center in my district and others like it
throughout the country have facilitated an exchange of information on
literacy programs that is unprecedented. Their work allows church
literacy programs on one coast to use materials and teaching materials
that were developed on the other and everywhere in between. This
maximizes scarce resources in fighting the problems of illiteracy.
I commend the committee for its work and all of its leaders in
helping to guide it in achieving consensus on a broad and complicated
area of policy, and I urge my colleagues to support this bill and to
help ensure that scarce resources are being used in the most effective
way to educate and train America's work force.
Mr. McKEON. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas [Mr. Smith], who has been helpful in making the bill better.
(Mr. SMITH of Texas asked and was given permission to revise and
extend his remarks.)
Mr. SMITH of Texas. Mr. Chairman, I thank the chairman of the
Subcommittee on Postsecondary Education, Training and Life-Long
Learning, the gentleman from California [Mr. McKeon], for yielding.
I rise today in support of H.R. 1385, the Employment, Training and
Literacy Enhancement Act of 1997. I first would like to commend the
distinguished chairman of the Committee on Education and the Workforce,
the gentleman from Pennsylvania [Mr. Goodling], and the chairman of the
Subcommittee on Postsecondary Education, Training and Life-Long
Learning, the gentleman from California [Mr. McKeon], for their
diligent work in bringing this important legislation to the floor and
for their willingness to work with Members to address our concerns.
Special thanks also goes to subcommittee members, the gentlewoman
from New Jersey [Mrs. Roukema], and the gentleman from Indiana [Mr.
Roemer], and the gentleman from North Carolina [Mr. Watt], an original
cosponsor of the legislation I introduced.
Increasing educational opportunities for millions of Americans is a
shared goal. But many Americans' opportunities are limited by
illiteracy. In fact, there are 46 million illiterate adults in our
country. Only 9 percent of these adults are being served by programs
provided by the current Adult Education Act.
This bill rightly addresses the problems of adult illiteracy. It
allows States more flexibility to tackle the problem of adult
illiteracy by funding support services such as transportation and child
care. I thank the committee for including my legislative ideas that
allow States for the first time ever to use a part of their funding to
provide support services to participants in adult education classes.
Mr. KILDEE. Mr. Chairman, I yield 2 minutes to the gentleman from
Massachusetts [Mr. Tierney].
(Mr. TIERNEY asked and was given permission to revise and extend his
remarks.)
[[Page H2804]]
Mr. TIERNEY. Mr. Chairman, I rise to speak in favor of this
legislation, the Employment, Training and Literacy Enhancement Act.
I want to also give my appreciation to the chairmen of the full
committee and the subcommittee as well as the ranking member. It was,
in fact, a notable example of people in this Chamber working together
toward a common goal, which was, in fact, a goal that we all spoke
about over the last campaign and have carried through for the first 3
or 4 months of this particular session. We have done this on the IDEA
legislation, and we have now done it on this particular piece of
legislation, and I applaud both the Democrats and Republicans on the
committee.
I recently have had the opportunity in my district to have a round
table strictly on the issue of literacy, adult basic education. From
that round table, I heard from all of the folks within the Sixth
District of Massachusetts who are intricately involved in adult basic
education on a daily basis. They were able to speak to many of the
issues that we, in fact, dealt with in this particular piece of
legislation; and, by and large, this bill manages to positively address
almost all of the concerns which they made known to us.
As surprising as it seems to people when I talk throughout the
district, even the relatively affluent State of Massachusetts has 20
percent of its population that are adults that are functionally
illiterate, and a million people have yet to get a high school
equivalency in that State.
There are 15,000 people in Massachusetts awaiting the opportunity to
have adult basic education literacy and numerary skills worked with
them. This is something that we have to provide for. It is a disgrace,
frankly, that our system has not been able to step up to the plate and
acknowledge and deal with this situation.
I think with this act and some of the changes that have been made in
it, we are going to be able to extend these programs and revise them so
that they are, in fact, more effective. We are providing more resources
so that those people will have the skill and ability to teach people
and work with people and bring their levels up to what is needed to be
able to get a job and to be able to, in fact, read to their children
and grandchildren so that we will not have to repeat this cycle well on
into the future.
I also want to make note of the fact that the job training program
allows for a good deal of local participation.
Mr. McKEON. Mr. Chairman, I yield 3 minutes to the former Governor,
the gentleman from Delaware [Mr. Castle].
Mr. CASTLE. Mr. Chairman, I thank the gentleman from California [Mr.
McKeon] for yielding. But more than that, I thank the gentleman for his
tremendous work on a very difficult piece of legislation. He and the
gentleman from Pennsylvania [Mr. Goodling], and the gentleman from
Michigan [Mr. Kildee], and the gentleman from Missouri [Mr. Clay] have
done an outstanding job.
I do rise in support of H.R. 1385. I have heard some of the speeches
here, and I will not try to reiterate what has already been said. But
this really is a good-faith bipartisan effort, in my judgment, to
simplify and improve Federal employment training by consolidating and
eliminating over 60 existing programs. It was needed, sorely needed. I
think it took a tremendous effort to do it, and I congratulate
everybody.
I do want to mention a couple areas that are of particular interest
and concern to me in this bill. First of all, I worked to ensure that
eligible activities under section 402 include single-purpose grants for
training and technical assistance for housing and related facilities
for migrant, seasonal farm-workers.
In Delaware this fund uniquely enables the National Council on
Agricultural Life and Labor Research and other locally based nonprofits
to provide technical assistance that improves housing conditions and
develops new housing in their agricultural community.
{time} 1015
I also supported changing the bill in committee to ensure that groups
like Goodwill and Kent Sussex Industries, two community rehabilitation
providers in Delaware, are included in the redesign process and are
included on the regional work force development boards.
Of particular concern to me is language that the committee adopted
that would effectively preempt State law to give State legislatures
unprecedented and sweeping authority over how Federal work force block
grant funds are spent. The provision specifically requires that these
Federal funds be subject to the State laws and procedures that apply to
State funds. Delaware does not make specific authorizations for Federal
funds now, and the JTPA and Private Industry Council continue to work
very well, and have worked well in the past, including under my past
administrations.
Now, under this legislation, the law would be changed to require that
all moneys be passed through the legislature, and I am very concerned
that funding decisions will become mired in politics. There will be no
assurance that objective criteria will be used in selecting training
providers, and the efficiency and effectiveness of the funding system
could be seriously compromised.
The current system is more productive and provide Governors much-
needed flexibility. There is no benefit to the Federal Government
mandating that all States administer JTPA in exactly the same way, when
we in Delaware have proven that a small State can make a big difference
when given the power to choose our own way.
I understand this issue will try to be worked out to the satisfaction
of all sides involved, and it is something I will be working on as well
as we move to conference. Otherwise, this bill is a giant step forward
to help train our workers in a comprehensive way so that we can
continue to remain competitive in an increasingly globally competitive
environment.
I congratulate the sponsors and ask everyone to support this
legislation.
Mr. KILDEE. Mr. Chairman, I yield 3 minutes to the gentleman from
Maryland [Mr. Hoyer].
Mr. HOYER. Mr. Chairman, I thank the gentleman from Michigan [Mr.
Kildee], who does such an excellent job and I thank the subcommittee
chair for his leadership as well.
Mr. Chairman, I rise in support of H.R. 1385. This bill is a good
step in coordinating our Federal, State, and local employment and
training programs. It provides incentive grants to States that
demonstrate continuing progress in coordination and integration of
these programs. This bipartisan bill builds an integrated work force
development system. However, I do not think the bill goes far enough,
and I would presume that some of its enthusiastic supporters perhaps
feel the same. It does not go far enough in my opinion in terms of
requiring the Federal Government to coordinate other service programs
with these employment and training programs.
Mr. Chairman, I rise because I have introduced a bill, and I want to
talk to the gentleman from Pennsylvania [Mr. Goodling], the gentleman
from California [Mr. McKeon], the gentleman from Michigan [Mr. Kildee],
and others, the gentleman from Missouri [Mr. Clay], about it, called
the Family Services Improvement Act, H.R. 1480. It takes this bill I
think a necessary step further to encourage agencywide coordination at
the Federal level.
I would like to voice my strong support for the full service centers
that this bill seeks to implement.
The Department of Labor currently funds 287 one-stop career centers
in 24 States. In my district there are five one-stop service centers.
These centers allow Americans to have easy access to reliable, up-to-
date information on job searches and provides workers with ready access
to training-related and supported services. It requires the
implementation of full service, one-stop employment and training
delivery centers, an excellent step.
I am pleased to see the Committee on Education and the Workforce come
to a compromise on this bill. I support it. Its implementation of one-
stop employment and training delivery centers will be a giant step
forward, as the gentleman from Delaware [Mr. Castle] said.
Coordination of these job training programs which this bill requires
will lead to a more effective and efficient use of our Federal dollars.
[[Page H2805]]
But let me suggest to the leaders, particularly the gentleman from
Pennsylvania [Mr. Goodling] and the gentleman from Missouri [Mr. Clay],
of this critically important committee, that we can do more in terms of
coordinating services. The gentleman from Indiana [Mr. Jackson] talks
about a mom going to a centrally located school, with her small child,
and they go together. The child goes for education, whether it is pre-
K, kindergarten, first, second, or whatever grade, and mom goes to get
the job training services and information, GED, whatever she needs; and
together, the Federal programs are coordinated at a single site
accessible by the user for the purposes of giving that family full
service support.
So my colleagues can see, it is no criticism to say this bill does
not go as far as I would like to see it. It clearly takes a critically
important step forward in the coordination of services, but I think we
can do more, and I look forward to working with the leaders that I have
mentioned, the gentleman from Pennsylvania [Mr. Goodling], the
gentleman from Missouri [Mr. Clay], the gentleman from Michigan [Mr.
Kildee], the gentleman from California [Mr. McKeon], and others on the
committee, because I think we have a context in which we can make a
dramatic step forward in the coordination of services at the Federal,
State, and local levels.
Mr. Chairman, this is an important subject and I appreciate the
ability to talk on it, and to support this very significant step.
Mr. KILDEE. Mr. Chairman, I yield 3 minutes to the gentleman from
Indiana [Mr. Roemer], along with his two sons, Matthew and Patrick.
Mr. ROEMER. Mr. Chairman, I thank the distinguished gentleman from
Michigan, and I am not sure that I will yield time to my two sons.
I want to start off by saluting and commending and applauding the
bipartisanship shown by the chairman and ranking members on both the
Democratic and Republican side, the gentleman from Pennsylvania [Mr.
Goodling] and the gentleman from California [Mr. McKeon], the gentleman
from Michigan [Mr. Kildee], and the gentleman from Missouri [Mr. Clay].
This is the kind of cooperation and these are the kinds of bills that
the people of Indiana, and I think in the Midwest and hopefully
throughout the country, want us to work on.
I want to further say that this is the third bipartisan bill that our
committee has reported out in a productive and civil fashion to do the
people's work. We have worked on the IDEA legislation for the disabled
community, we have worked on a higher education commission, and we are
now working together on this important legislation for worker training
and literacy. I think that this is some of the most important work that
we have done in this Congress.
Mr. Chairman, I want to talk in terms of bipartisanship about some
legislation that we have put in this bill in a bipartisan way. Several
weeks ago the gentleman from Texas [Mr. Smith], a Republican, and the
gentlewoman from New Jersey [Mrs. Roukema], and the gentleman from
North Carolina [Mr. Watt], a Democrat, and myself joined together to
put a support services bill together that will enhance the way that
these programs deliver services in a more effective way with a heart,
but they deliver the service and get the literacy programs to the
people that need it. Forty-six million people in America lack basic
literacy skills. Only 9 percent of those 46 million Americans are
currently getting job training skills and literacy program exposure.
One of the things that we attached to this bill in a bipartisan way
was to allow these programs to have support services and spend money on
child care and transportation to get to the adult services programs and
literacy programs at night. When we put these components in, we have
found that participation in these programs oftentimes goes from 10
members to 40 members in these nighttime programs, where the people are
sometimes single and have children. They need child care, they need
transportation at night to get the literacy skills, to enhance their
skills at work in the daytime.
The gentleman from California [Mr. McKeon] and the gentleman from
Pennsylvania [Mr. Goodling] and the gentleman from Missouri [Mr. Clay]
and the gentleman from Michigan [Mr. Kildee] have worked on even making
our legislation better, incorporating into this bill the kinds of
caring components with transportation and child care that we have found
that will help transform our welfare system. We found in welfare in the
debate last year that welfare only works when we allow people to get
care for their children. We do not want to have to have them pick
between work and leaving children home alone.
This bill incorporates those things into making adult literacy
programs more available for all people, and that saves us money in the
long term, and productivity and enhancing our programs, delivery of
efficient services, and helping people learn to read.
Again, I want to end on saying I am proud to be a member of the
Committee on Education and the Workforce. It shows the American people
that we work together in a bipartisan way to deliver good bills for the
American people, and I hope this bill will become law.
Mr. McKEON. Mr. Chairman, I yield 3 minutes to the gentleman from
Texas [Mr. Paul], another new member of the committee.
Mr. PAUL. Mr. Chairman, I thank the gentleman for yielding me this
time.
After 30 years of Federal Government involvement and two major
legislative overhauls, there are now over 160 Federal programs
dedicated to job training. The Federal Government has spent
approximately $4.5 billion just on the Job Training and Partnership Act
of 1997. However, the U.S. Congress cannot measure whether or not they
are getting a good return on their investment since both Federal
agencies do not even know if their programs are helping people find
jobs.
The very idea that a government board can somehow determine what
occupations will be in demand at any point in the future is an example
of what Nobel Laureate Friedrich Hayek calls The Fatal Conceit. No
central board, even one dominated by local officials and businessmen,
can predict which jobs will be in demand in 5, 10, or 15 years. It is
doubtful that a local work force board in Silicon Valley in 1978 would
have tried to link job training services to personal computer markets.
In fact, it is highly unlikely that Steve Jobs will be appointed to the
work force development board. The very fact that the boards are
compiled of already established leaders for business practically
ensures that the entrepreneurs creating the jobs of the future will not
be represented on the board.
In this high-technology information age where financial and, more
importantly, intellectual capital can travel around the world in a
matter of seconds, the jobs in demand in any area can change faster
than any geographical local work force board could conceivably update
the skills with which to link job training.
The private actions of individual citizens working together in a free
market can best build a job training system that meets the needs of its
citizens. Private individuals, local communities, and State governments
are also more capable than the Federal Government of providing adequate
help to those unable to provide training for themselves.
If the Federal Government returns to constitutional size and reduces
the tax and regulatory burden on the American citizen, Federal job
training programs of any sort furthers the destructive idea that the
proper role of the Federal Government is to provide for all the needs
of the citizens. The belief that Congress has a moral duty to
administer to the health and welfare of the populace, both of America
and the world, is directly responsible for the growth of the welfare
state, which threatens to destroy America's economic prosperity and
liberty itself.
{time} 1030
I am strongly opposed to this legislation, and believe freedom and
free choices and the marketplace and the Constitution is a much better
approach.
i. introduction
Congress is once again attempting to repair the broken system of
Federal job training. The major Federal role in job training dates back
to 1962, with President Kennedy's Manpower Development and Training Act
[MDA] and continuing through the Economic Opportunity Act
[[Page H2806]]
of 1964, passed as part of President Johnson's Great Society Consistent
with the Great Society philosophy that the Federal Government had the
solution to all problems, these bills centralized job training
authority in Washington.
Soon, however, concerns arose that Federal job training programs were
rife with waste and abuse. Congress, therefore, began trying to repair
some of the inefficiencies in the job-training program. First, in 1973,
Congress, with the support of the Nixon administration, passed the
Comprehensive Employment and Training Act [CETA]. CETA was designed to
decentralize Federal job training programs. Congress next addressed job
training in 1982, with the passage of the Job Training and Partnership
Act [JTPA], which promised to turn Federal job-training into a public-
private partnership that would operate more efficiently than the three
major job-training bills that had previously passed the Congress and
failed to accomplish their stated goals.
After 30 years of Federal involvement and two major legislative
overhauls, there are now over 160 Federal programs dedicated to job
training. The Federal Government spent approximately $4.5 billion to
just JPTA in 1997. However, the U.S. Congress cannot measure whether or
not they are getting a good return on their investment since most
Federal agencies do not even know if their programs are helping people
find jobs.
Congress is once again attempting to repair the Federal job training
systems. However, despite the abundant evidence of the failure of the
centralized welfare state model of job-training programs, this Congress
is planning to continue dictating to all 50 states the composition,
content, function, and even the goals and benchmarks of job training
programs. The Employment Training and Literacy Act of 1997, [H.R.
1385], tampers with the constitutional principle of federalism. H.R.
1385 redefines the very notion of federalism to mean that States,
localities, and individual citizens are given limited flexibility and
control over how they fulfill the Federal Government's mandates.
ii. h.r. 1385 interferes with state's autonomy and forces taxpayers to
subsidize benefits for select businesses and employees in violation of
the u.s. constitution
Unlike the mandate federalism embodied in H.R. 1385, the federalism
embodied in the U.S. Constitution allows for no Federal role in job
training, or education generally. In fact, the tenth amendment, which
reserves the authority for carrying out functions not explicitly
granted to the Federal Government, to the States and the people,
forbids Federal education programs. Yet, as demonstrated below, H.R.
1385 continues the unconstitutional centralization of education power
for the benefit of certain members of society at the expense of the
mass of American taxpayers.
Under H.R. 1385 States must provide a 3-year plan for adult job
training and literacy programs in order to receive Federal job-training
funds. These plans must satisfy federally specified content and must be
approved by the Secretaries of both the Department of Education and the
Department of Labor.
Additionally, States are required to establish local work force
development boards whose functions and composition are dictated by the
Federal law. Furthermore, the boards must meet benchmarks identified by
the Governor in negotiation with the schools, the local boards do not
even have the authority to determine how their performance should be
measured. Rather progress under this bill is measured by predetermined
Federal core indicators.
Under H.R. 1385, the local work force development boards would be
dominated by representatives of the business community. Certainly the
input of the business community is important for job training. However,
a Federal mandate that representatives of business dominate the job-
training boards may provide a means for business to socialize or
externalize their training costs. Those businesses which will achieve a
direct benefit from a more highly skilled work force should be the ones
to finance such programs. Individuals who will benefit from improving
their skills could also choose to ultimately pay at least some of the
costs of their training. In no instance should the individual taxpayer
be forced to subsidize the job training of another person.
Not satisfied with wealth transfers to prepare those without
employment for business, this bill provides training for skills
upgrading for incumbent workers--those already employed. Despite a
budget billions of dollars out of balance, this bill creates a new
entitlement for already-employed workers and their employers to receive
more training courtesy of the American taxpayer.
Businesses are not the only institution showered with largess in this
bill. Under the provisions of this bill, the Secretary of Labor is
empowered to provide taxpayer dollars to labor unions to carry out
research and demonstration projects as well as grants to public
interest groups. Credible accusations have been made that these groups
have often used Federal funds to advance their political agenda. At the
very least, Congress should conduct a thorough investigation and take
steps to prevent Federal funds from being used to pay for political
activity before handing out more grant money.
iii. h.r. 1385 infringes on family and individual autonomy
In addition to continuing the practice of running job training
programs from Washington, DC, this bill expands the State's reach into
Americas' families by authorizing Federal funding for family literacy
services. These services are to include training for parents on how to
teach their children and interactive literacy activities between
parents and their children.
This history of Federal involvement in family literacy raises
questions regarding the effectiveness of government programs to teach
anything regarding child raising. From 1963 to 1993, Federal spending
on education increased from approximately $900,000 to over $10 billion,
while scores on the Scholastic Aptitude Test [SAT's] dropped by an
average of almost 60 points. Given the poor track record, it is
doubtful whether increasing Federal involvement in family literacy is
likely to do anything but ensure lower rates of family literacy.
Furthermore, Federal involvement in child rearing violates the very
principles upon which this country was founded. In a free society, such
as that bequeathed to America by the drafters of the Constitution, the
family, not the Government, is responsible for the raising of children.
State control of child raising is, in fact, one of the hallmarks of
totalitarianism. Those of us concerned with expanding and preserving
freedom must oppose all measures, including the legislation currently
under consideration, which erode the autonomy of the family under the
theory that government social workers are better able to address the
needs of children than parents.
Along similar lines, the language for disadvantaged youth programs
mandates the integration of academic, occupation, and work-based
learning opportunities. This is also quite objectionable. This language
seems to suggest those youth diagnosed as disadvantaged by the social
workers and psychologists will be denied a traditional education,
instead disadvantaged youth will be herded into State-run job training
programs. Such a federally mandated plan is in no way consistent with
the core American value of individualism.
iv. h.r. 1385 establishes a system incapable of achieving its stated
purpose
This bill reaches the height of hubris in its mandate that training
services be linked to occupations for which there is a demand in the
local work force development area. This provision is objectionable for
two reasons.
First, because business-dominated work force development boards will
determine which occupations are in demand, it is very likely that the
business represented on the board will be the ones determined to be
those for which there is a demand in the local work force.
Second, and more important, the very idea that a government board can
somehow determine what occupations will be in demand at any point in
the future is an example of what Nobel Laureate F.A. Hayek called the
fatal conceit. No central board, even one dominated by local officials
and businessmen, can predict which jobs will be in demand in 5, 10, or
even 2 years. It is doubtful that a local work force board in Silicon
Valley in 1978 would have to tried to link job training services to the
personal computer market. In fact, it's highly unlikely that Steve
Jobs--founder of Apple computers--would be appointed to the work force
development board in Silicon Valley. The very fact that the boards are
comprised of already established leaders for business practically
assures that the entrepreneurs creating the jobs of the future will not
be represented on this board. In this high-technology information age,
where financial and, more important, intellectual capital, can travel
around the world in a matter of seconds, the jobs in demand in any area
can change faster than any geographical local work force board could
conceivably update the skills with which the link job-training.
v. conclusion
The argument is often made that State-financed job training is
necessitated by the failure of the educational system to properly
prepare students for the job market. Each of us can understand the
frustration of employers unable to find employees capable of adapting
to new technologies.
As a physician, I have employed many people in critical positions. I
certainly understand the importance of having a readily available pool
of skilled labor. I would question, however, whether the pool was
better prior to the Federal Government's intrusion into education.
The private actions of individual citizens, working together in a
free-market, can best build a job-training system that meets the needs
of its citizens. Private individuals, local communities, and State
governments are also
[[Page H2807]]
more capable than the Federal Government of providing adequate help to
those unable to provide for training out of their own resources, if the
Federal Government returns to constitutional size and reduces the tax
burden on American citizens.
Federal job training programs, of any sort, furthers the destructive
idea that the proper role of the Federal Government is to provide for
all the needs of its citizens. The belief that Congress has a moral
duty to minister to the health and welfare of the populace, both of
America and the world, is directly responsible for the growth of the
welfare-warfare state which threatens to destroy America's economic
prosperity, and liberty itself. Job training should be provided, like
all other goods and services, by the free-market and voluntary
transactions.
Mr. McKEON. Mr. Chairman, I yield 30 seconds to the gentleman from
Michigan [Mr. Kildee], ranking member of the subcommittee.
Mr. KILDEE. Mr. Chairman, bills like this could not be written
without the staff. I want to thank certain members of the staff who
played a major role directly in this bill. On the Democratic side,
Brian Kennedy, Marshall Grigsby, David Evans, and Margo Huber.
On the Republican side, Mary Gardner-Clagett, D'Arcy Philps, Lynn
Selmser, Vic Klatt, and Lauren Coberly. We thank you very much for your
very, very hard work, day and night, on this bill.
Mr. McKEON. Mr. Chairman, I want to thank the gentleman from Michigan
[Mr. Kildee] for his graciousness, and for thanking the members of the
staff, and would like to add my thanks, also.
Mary Clagett has worked, what, 6 or 8 years on this. All of those who
have worked so hard, we want to thank them. Many people see us standing
up here, and we are the ones that finally get the final praise for what
has been done. They are the ones that have done all of the work to pull
us together to help make it possible, and we want to thank them greatly
for this effort.
Mr. RIGGS. Mr. Chairman, I rise today in support of H.R. 1385, the
Employment, Training, and Literacy Enhancement Act of 1997. This is a
bill which will prepare adults for the 21st century work force. It
consolidates and improves existing programs under the Job Training
Partnership Act [JTPA], the Adult Education Act, the Wagner-Peyser Act,
and the Rehabilitation Act of 1973. Overall, H.R. 1385 consolidates
over 60 existing employment, training, and literacy programs into three
block grants to States and localities. I would like to congratulate
Chairmen Goodling and McKeon for their leadership on this issue, and
for crafting a measure that has bipartisan support.
This bill will make a positive impact on adults as they prepare for
the jobs of the future. It will help workers get the retraining
necessary to compete in the current job market. We find ourselves in a
unique economic situation in America today--we have low unemployment
rates, but also have high rates of underemployment. We in Congress must
take the lead and ensure adequate training is available to all
Americans, in their communities.
This bill provides service delivery methods that maximize consumer
choice in selecting training providers. I am particularly pleased that
training services will be provided through the use of skill grants
vouchers. These vouchers will be distributed through the full-service
employment and training delivery system. This will enable adults to
receive the training they need in their own community. When, for
example, individuals want computer training, they can shop around for
institutions that best meet their needs.
Some naysayers say this will encourage fly-by-night companies to
deceive the hard-working public. But the bill includes protections in
the form of requirements that providers must meet in order to receive
funds. A provider must either:
First, be an accredited title IV eligible postsecondary educational
program, or
Second, be recognized by a local work force development board, which
will determine if the provider meets acceptable, locally established
performance standards established at the State level. The provider must
have a proven completion record for participants in their program, and
demonstrate a success rate for job placement after program completion.
There are other provisions in this bill I want to highlight.
The disadvantaged youth employment and training opportunities grant
will move the focus of current disadvantaged youth programs from short-
term employment fixes to longer term academic and occupational
training.
The adult employment and training grant takes a work first approach
to training. Priority will be given in resource allocations to
intensive training for welfare recipients and other individuals with
multiple barriers to employment.
Finally, this bill will extend the Rehabilitation Act of 1973 which
provides rehabilitation and employment training to adults with
disabilities, for 3 years.
In summary, H.R. 1385 promotes individual responsibility through
vouchers, promotes competition among training providers, and drives
resources and authority out of Washington to States and localities. By
decreasing the size and scope of the Federal Government's control, this
is truly a work-first bill for adults. It will also help get
economically disadvantaged youth back to school.
I urge support for H.R. 1385. By passing this bill, we will give many
Americans new tools to prepare for the 21st century.
Mr. SNOWBARGER. Mr. Chairman, I rise to express my support for H.R.
1385 but I urge my colleagues to address several troubling provisions
during conference.
The current job training programs are top heavy, duplicative, and
micromanaged from Washington. H.R. 1385 consolidates over 60 programs,
currently administered by 15 separate agencies, into 3 targeted block
grants. This will reduce administrative costs significantly, which the
bill would redirect to the grants. I would have preferred that the
taxpayers benefit from at least some of the savings.
This bill gives States the authority to tailor job training programs
to fit their individual needs. Furthermore, it ensures that business
and education leaders, who have expertise in work force development,
will play a crucial role in development of State implementation plans
instead of Washington bureaucrats.
H.R. 1385 received bipartisan support and is widely supported by
industry and education groups. In a letter dated May 16, 1997, the U.S.
Chamber of Commerce stated, ``H.R. 1385 directly addresses this
critical need--work force development--and better targets job training
efforts at the State and local level.'' Additionally, the American
Association of Community Colleges and Association of Community College
Trustees, one of the primary providers of workforce training, wrote,
``We support the flexibility the bill gives states and localities to
design their workforce delivery system to best suit the needs of their
citizens.''
While I believe that H.R. 1385 is a step in the right direction, I do
have these serious concerns about it:
The Job Corps Program continues to be championed by those who either
will not or can not acknowledge the program's serious flaws. Even the
President's own Labor Department study of the program says that it is
difficult to defend. Why continue to force Governors to spend limited
resources on this program if they can develop better ones? I would have
preferred that the legislation passed today would have contained
language to allow Governors to experiment with new, perhaps private,
job training programs better suited to the particular needs of their
local work force.
Why create new federally funded and managed adult literacy programs.
On one hand Congress claims to want to end a Federal jobs bureaucracy.
On the other hand, they create a new only slightly smaller version,
with new programs devoted to adult literacy. This program amounts to
nearly two and one half billion dollars of new spending on top of
the 33 billion in job training dollars already allocated. Curiously,
this bill grants authority over such literacy programs directly to the
State Education Department, by passing the Governor's office all
together. They will administer the federally designed and funded grant
program.
I do think some of the other complaints are mistaken. The bill does
not institute government control of where ordinary Americans will go to
work, or restrict individual students' career choices. We must remember
that these job training programs are set up for those people who need
extra help to find an entry-level job, or change careers because their
former job has disappeared. They do not involuntarily assign high
school graduates to a particular job or employer, any more than the
high school guidance counselor does.
The work force development boards advise the State training agencies
on what kinds of jobs are likely to need more workers in the future.
Obviously, they won't be perfect. But they would do a better job of
predicting the needs of the local labor market than the wild guesses of
bureaucrats. Finally, the bill was amended do explicitly ensure that
the work force boards do not have the authority to change school
curriculums or affect home-schoolers.
On balance, I must say that this bill is better than our current job
training mess. For this reason, I am voting for the bill.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise to express my support
for those portions of H.R. 1385, the Education, Training, and Literacy
Enhancement Act which promote change which is beneficial and supportive
of the goals of full literacy and accessible responsive job training
programs throughout our country.
[[Page H2808]]
However, I do have concerns regarding the implementation of this
legislation as it pertains to the control that will be given to States.
I know that most would agree that local control of these programs is a
desired goal, but I would add that local control must extend to the
locality or jurisdiction where these important programs are
implemented.
In the city of Houston, a successful Job Training Program called
Houston Works has been successfully serving the needs of youth and
adults for a number of years.
The total population of Houston, TX, is over 1.8 million with 26.7
percent African-Americans, 4 percent American Indian, 3.9 percent
Asian, 26.8 percent Hispanic, and 42.2 percent white. Those residents
of Houston who live in poverty number over 370,000 families.
This year Houston Works, one of several Job Training Partnership Act
providers for the city of Houston, will receive $3 million in funding
directly from the Department of Labor and has received letters of
obligation from the State of Texas for an additional $24 million for a
total of $27 million to carry out their job training goals for this
fiscal year.
My concern with this legislation is with its implementation and
administration. As job training moves to greater local control we must
insure that control is, indeed, local.
Fortunately, in the case of Houston Works there is a long and
successful history of working with the State to meet the needs of the
Houston labor force. I would hope that this relationship will continue,
but should it not, the grievance procedures listed under section 144 of
this legislation must be more than adequate in its ability to address
problems as they arise between Local Workforce Development Board and
the State government. I would hope that as much attention is placed on
this portion as the implementation of States receiving more control of
these Federal funds.
Another concern of mine, and of the residents of the district that I
serve, is regarding the subject and content of job training programs as
we move toward the close of this century.
Computer literacy training must be a grater component of this
legislation. Not just implied but expressed in the language in as many
varied and focused ways as possible.
The need for strong computer job training and literacy based programs
will be tremendous, as many communities in the country remain unable to
access advanced networks or information. According to a 1995 study,
only 20 to 25 percent of the Nation's hospitals and public libraries,
and only 9 percent of our classrooms have access to the Internet or
advanced information services.
Computer literacy and job skills are needed by millions of Americans
who would not otherwise have access to them. This has a direct tie-in
to economic development that will payoff by the year 2000 when 60
percent of the new jobs will require skills currently held by only 20
percent of the population.
On February 6 of this year, I introduced on the House floor a
resolution to commend the work done by a national project called
NetDay, which is responsible for the effort here in the city of Houston
that wired 161 elementary, middle, and high school libraries for
Internet access.
Because of the Houston Independent School District's NetDay96 and
NetDay 2000 efforts, 138,980 students now have Internet access in the
libraries of their elementary, junior, and high schools. This was
accomplished with the assistance of 1,203 volunteers, who contributed
their time to neighborhood schools. The generosity of sponsors,
volunteers, students, teachers, and Houston Independent School District
personnel saved Houstonians $58,080.
With 27.2 percent of the Houston Independent School District's
student population considered at-risk, it was an important decision to
hold NetDay96 connection projects on each Saturday in the month of
October of last year. The Houston Independent School District methods
ensured that every targeted school within minority and majority
communities received an equal opportunity to have their neighborhood
school library receive the necessary wiring for Internet access.
Distance learning could be a major component of all education
instruction in our Nation by the close of this century if we look at
the resources which are available to us today.
There are software packages which are designed to identify how an
individual student learns reading, mathematics, science, geography.
These software packages adopt themselves to that child's ability and
pace of learning then instructs the child in a particular learning area
on that information.
This technology should be available in every school in our Nation.
If we want to see the United States continue as a global economic and
technological leader, we must today prepare the next generation to
accomplish these objectives.
My other concern is that job training does not equal a job. I would
hope that we continue to consider the impact of other laws which will
impact on those citizens who depend on public assistance of some type.
There has never been in our Nation's history 100 percent job placement.
There will always be an imbalance in the number of jobs available and
the number of people seeking positions.
According to the Statistical Abstract of the United States for 1996,
there were 605,000 unemployed residents in the State of Texas.
In the 18th Congressional District in March of this year there were
3,936 people receiving unemployment insurance benefits. During that
same month the Texas Workforce Commission recorded 13,167 applicants
for jobs and only 1,031 job openings with a total of 304 job
placements.
In the city of Houston 986,939 people are listed as members of the
labor force. The employment totals are 921,636 with an unemployment
rate of 65,303. The highest concentration of unemployment are African-
American at 29,974, followed by Hispanic unemployment at 17,958, and
white unemployment at 15,216.
Statewide the Texas Workforce Commission identified 127,295 people
receiving unemployment insurance benefits in the month of March. During
this same month 442,251 job applicants were received and 38,112 job
openings were registered, with only 17,037 placements took place.
If we consider these facts then we may seek ways to create job
opportunities which seek to provide creative and varied employment
options which might encompass job sharing, seasonal, training for
multiple job placement and others that would broaden the chance of
placement after training has ended.
I would hope that my colleagues who will participate in the
conference on this legislation will consider these important facts.
Mr. CUNNINGHAM. Mr. Chairman, I rise today in support of H.R. 1385,
the Employment, Training and Literacy Enhancement Act.
Most Americans are not college graduates. Most Americans will face
job or career changes during their lifetime. Many of our newest
Americans want the opportunity to learn to read and write in English,
the language of American opportunity. Americans on welfare are now
seeking the skills they need to get work. All Americans want an
opportunity to succeed and enjoy the American Dream.
Furthermore, American employers want to hire people with the skills
they need. These skills change over time. Today's automobiles, to cite
one example, have more onboard computing power than the Apollo
spacecraft did, and the skills needed to repair them have grown to
include computer sciences and electrical engineering.
The current system of job training and basic adult education, created
with good intentions, has simply failed to help citizens get training
they need to get jobs. Workers have to navigate a hornet's nest of
redtape. And Federal micro management has created training for jobs
that do not exist. So this legislation replaces a failed Washington-run
system, with local control, local authority, and the local motivation
to do the job right.
The Employment, Training and Literacy Enhancement Act replaces
Federal micro management with local control and accountability. It
replaces some 60 Federal job training programs with three flexible
block grants that States and communities can use to provide education
and job training that is responsive to local needs. In San Diego, our
community colleges, regional occupational programs, private industry
councils and others will have the opportunity to work together to meet
local citizens' and employers' needs, without having to distort their
services to meet the needless and conflicting paperwork guidelines of
dozens of Federal programs. Most importantly, it gives individuals who
need job training the flexibility, information and resources they need,
so they can obtain the education and training they need, so they will
have a fighting chance to achieve the American Dream.
In the 104th Congress, I was privileged to serve as chairman of the
House Subcommittee on Early Childhood, Youth and Families. Along with
Chairman Goodling and KcKeon, and Ranking Member Kildee, we worked very
hard to consolidate and improved job training, adult education and
literacy programs. Our measure was not enacted in the 104th Congress,
owing to the late-session election year crush. And now I serve on the
Appropriations Committee. But last year's and this year's bills both
included some major improvements and focus on the area of literacy. And
I would like to focus special attention on that area.
This measure consolidates several adult education and literacy
programs into a single block grant to the States. This very basic
education is made available for one reason: If a person cannot read and
write, he or she cannot benefit from more advanced job skill training.
In 1995, my subcommittee held hearings in San Marcos, CA, on this
subject. One of the witnesses, John Corcoran, was a teacher and a
businessman, and author of the alarming book ``The Teacher that
Couldn't Read.'' Throughout his own education, and through a teaching
and real estate sales career, he had
[[Page H2809]]
developed a thousand coping mechanisms to get around his illiteracy.
But when the real estate market failed, his inability to read kept him
from being able to support his family. He got help. He learned to read.
And now he's doing very well.
The fact is that there are more John Corcorans in America than we are
willing to admit, and that most illiterate adults do not do as well as
John did. The National Adult Literacy Survey showed that of Americans
at the lowest of five literacy levels, 17 percent receive food stamps,
43 percent live in poverty, and a stunning 70 percent are unemployed
and underemployed. Therefore, victory in our national battle against
poverty and welfare dependency requires attention and devotion to
improving literacy among adults.
This legislation encourages local community efforts to improve
literacy, and provides resources for that type of basic adult
education, such as English language courses. One of the most successful
literacy initiatives is called ``family literacy.'' This program is
based on the premise that adults will learn to read if they learn
together with their children. In San Diego, the Lynch Foundation
leverages Even Start family literacy funds into dozens and dozens of
groups and courses for literacy training, in libraries and other
settings, to offer people a chance to succeed. Bill Lynch and his team
do a terrific job, and H.R. 1385 helps them do their job better.
I understand that this measure extends vocational rehabilitation
programs until fiscal year 2000, leaving the reform of Federal
vocational rehabilitation services to the 106th Congress. I believe
this is unfortunate, because the people with disabilities involved in
this program deserve much better than they are getting.
Despite congressional authorization of vocational rehabilitation
several years ago, the U.S. Rehabilitation Services Administration
failed to promulgate regulations on the law until last month. Thus,
States have lacked sufficient guidance on how to improve vocational
rehabilitation, and to comply with the law, for an unacceptable period
of time, and persons with disabilities have suffered. Furthermore, a
Region IX RSA comprehensive study of vocational rehabilitation in the
State of California, due in December 1996 in hopes of informing further
congressional action to improve the program, still has not been
released in May 1997. I have not been satisfied with the RSA's
justification for the delay, and will continue to follow this issue
closely and vigorously. Persons with disabilities deserve a fighting
chance at the American dream. Redtape, bureaucratic buck-passing,
management failures, poor service to citizens, lack of accountability,
and delays are simply inexcusable to me, particularly when one
considers the billions--yes, billions of Federal dollars appropriated
for vocational rehabilitation every year. Persons with disabilities
deserve better.
Mr. Chairman, many citizens and families deserve recognition for
their excellent work on this bill. In particular, Dr. George Boggs of
Palomar Community College in my district, Dan Pegg and his staff at the
San Diego Economic Development Commission, Gil Partida and the men and
women of the San Diego Chamber of Commerce, and Scott Himelstein of the
Lynch Foundation have all provided me excellent information on the
importance of replacing Federal redtape with local control in this
field. Several members of this body have served this cause with
distinction, namely Chairman Goodling, McKeon, and Riggs, Ranking
Member Dale Kildee, Governor Castle, Mr. Graham of South Carolina, and
many others. They have yielded a bill that means less government and
more opportunity for Americans to succeed.
I urge support for the bill.
Mr. TIERNEY. Mr. Chairman, I am pleased to stand here before you
today to voice my support for this legislation, the Employment,
Training & Literacy Enhancement Act of 1997. The Committee on Education
and the Workforce, on which I serve, has made considerable efforts to
defuse partisan tensions and pass important legislation that will help
our children and working families. It has done so on two occasions--
most recently having passed the IDEA Bill for disability education and
now by passing this legislation that is before us today for
consideration.
I applaud all of my colleagues, Republican and Democrat, for the
spirit of cooperation that has made this possible. This bill
streamlines and integrates job training and employment programs, while
increasing access to adult education and literacy services. It also
strengthens the Vocational Rehabilitation Act.
I speak first and foremost of the effect this bill will have on adult
basic education--a most vital and sorely neglected field in education
today. I am pleased that adult education remains part of the Elementary
and Secondary Act. I recently held a ``round table'' discussion in my
district, the Sixth District of Massachusetts, with educators,
businesses, State government officials, and community groups to talk
about the problems surrounding adult basic education and training
services within those programs. By and large, this bill positively
address as most of the issues raised by that group.
Even in my home State of Massachusetts, which is relatively affluent
when compared to other areas, 20 percent of the adults are functionally
illiterate and a million people have not yet completed high school.
Under these circumstances, it is simply unacceptable that 15,000 people
wait for adult education classes.
Nationally, the statistics are even more daunting. More than 46
million Americans do not have a high school diploma.
Studies have shown that the strongest factor in determining the
academic success and job prospects of a child is the education level of
his or her parents. How can we expect children to learn to read if
their parents cannot do so themselves?
Although the States, local governments, schools, and community groups
do their best to address these needs, my constituents who are involved
in adult education tell me that they are barely able to make a dent in
this problem with the current resources at their disposal.
I am pleased that this bill will offer the people of the Sixth
District of Massachusetts and elsewhere some of the needed resources to
enhance adult education and literacy services.
This bill encourages cooperation among service providers. It
increases the Federal commitment of support, and asks local governments
to step up their contributions to the effort; it provides for more and
better training of instructors, and for the resources to develop the
most effective way of actually improving and delivering literacy
assistance.
With respect to employment and training, this legislation provides a
greater choice in securing job training through skill grants. With
skill grants, recipients will be able to choose programs that are
available at various centers or universities accessible to them.
Information will be made available that will identify available job
opportunities, site the skills and education needed for particular
jobs, and match applicants to the programs providing the right kind of
help. So an individual can work toward and get an real, existing job.
In addition, I welcome the concept of workforce development boards.
Under these boards, different parts of the State will be able to
determine what is best for their community. This is important in a
State as diverse as mine. As a former president of my local Chamber of
Commerce, I recognize the need for business and industry to join with
other community groups and local governments to work to insure that
those in search of a job can identify the skills necessary to obtain a
job within their region, and that the programs devised for education
and training for positions reflect the true needs of the local
businesses.
I am concerned, however, that specific language was left out of the
legislation which would have included specifically the representatives
of working people as members of these boards. If local business and
industry have a place at the table, then the people that work for such
companies should also be included. We can recall that under the Job
Training Partnership Act, the Private Industry Councils (PICs) were
required to have representatives from business and industry as well as
organized workers. It strongly encourages that our local communities
use their available discretion to make sure that working people are
truly represented on workforce development boards. Without that, I
think the intent and meaning of that aspect of the legislation will be
ignored and the program will not be as successful as it could possibly
be.
Great effort has been made to work out a formula for distribution
within States of the resources provided for in this legislation. It is
of great concern that every person who needs these services will have
access to them, and I believe the committee should continually review
the actual implementation of this legislation to insure that a broad
range of people within the State have input into the decisions that are
made on this bill.
I am also pleased that the majority worked with us to include an
amendment strengthening section 508 of the Vocational Rehabilitation
Act. Section 508 calls on Federal agencies to follow Federal guidelines
to insure that their information technology is accessible to employees
with disabilities. The amendment asks the Office of Management and
Budget to enforce existing law and to bring Agencies into compliance
with accessibility guidelines. This will aid the 7.5 percent of the
Federal work force who have a disability. I also wanted to thank
Congresswoman Eshoo for her dedication and hard work on this issue, and
Congressman George Miller for his work and cooperation.
Again, I commend the spirit and the manner in which this and the IDEA
legislation were brought to the floor and hope that it foretells
further cooperation on the important matters that will come before the
House.
The CHAIRMAN. All time for general debate has expired.
[[Page H2810]]
The committee amendment in the nature of a substitute printed in the
bill shall be considered by division as an original bill for the
purpose of amendment and, pursuant to the rule, each division is
considered read.
Before consideration of any other amendment, it shall be in order to
consider the amendment numbered 1 pursuant to clause 6 of rule XXIII,
if offered by the gentleman from California [Mr. McKeon] or his
designee. That amendment shall be considered as read, may amend
portions of the bill not yet read for amendment, shall be debatable for
10 minutes, equally divided and controlled by the proponent and the
opponent, shall not be subject to amendment, and shall not be subject
to a demand for division of the question.
If that amendment is adopted, the bill, as amended, shall be
considered as an original bill for the purpose of further amendment.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he has
printed in the designated place in the Congressional Record. Those
amendments will be considered read.
Amendment No. 1 Offered by Mr. Mc Keon
Mr. McKEON. Mr. Chairman, pursuant to the rule, I offer amendment No.
1 printed in the Record.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. McKeon:
Page 9, line 18, strike ``15'' and insert ``20''.
Page 10, line 6, strike ``85'' and insert ``80''.
Page 23, line 21, after ``1996,'' insert ``the Community
Services Block Grant Act, title V of the Older Americans Act
of 1965, the National and Community Service Act of 1990,''.
Page 25, line 12, strike ``(9)'' and insert ``(9)(A)''.
Page 25, after line 21, insert the following:
``(B) An assurance that each local workforce development
area will be allowed to determine the proportion of funds
allocated to such area under section 204(b)(2) that will be
used to provide summer employment opportunities and year-
round disadvantaged youth activities, respectively.
Page 27, strike lines 10 through 15 and insert the
following:
``(A) a description of the assessment that will be made to
determine the adult education and family literacy needs of
the State;
``(B) a description of the adult education and literacy
activities that will be carried out with any funds received
under such part, including activities carried out under
section 314(a) of such Act;
Page 27, line 16, strike ``such activities'' and insert
``the adult education and literacy activities that will be
carried out with any funds received under such part''.
Page 28, beginning on line 4, strike ``the Adult Education
and Family Literacy Act;'' and insert ``such Act;''.
Page 29, line 3, strike ``determines'' and all that follows
through line 5 and insert ``makes a written determination,
within 90 days after receiving the plan, that the plan is
inconsistent with the specific provisions of this Act.
Page 29, line 10, strike ``through (10)'' and insert
``through (9)(A), paragraph (10),''.
Page 30, line 2, strike ``entities:'' and insert the
following: ``entities (who overall, represent diverse regions
of the State, including urban, rural, and suburban areas):''.
Page 30, after line 3, insert the following:
``(2) representatives of the State legislature;''.
Page 30, line 4, strike ``(2)'' and insert ``(3)''.
Page 30, line 22, strike ``(3)'' and insert ``(4)''.
Page 31, line 14, strike ``(4)'' and insert ``(5)''.
Page 31, line 16, after ``designate;'' insert ``and''.
Page 31, strike line 17.
Page 33, strike line 22 and 23 and insert the following:
``(a) Designation of Areas.--
``(1) In general.--Except as provided in subsection (b),
and consistent with paragraph (2), a State that desires to
receive a grant under title II
Page 34, line 8, strike ``(1)'' and insert ``(A)'' (and
move such subparagraph 2 ems to the right).
Page 34, line 9, strike ``(2)'' and insert ``(B)'' (and
move such subparagraph 2 ems to the right).
Page 34, line 12, strike ``(3)'' and insert ``(C)'' (and
move such subparagraph 2 ems to the right).
Page 34, line 14, strike ``(4)'' and insert ``(D)'' (and
move such subparagraph 2 ems to the right).
Page 34, line 19, strike ``(5)'' and insert ``(E)'' (and
move such subparagraph 2 ems to the right).
Page 34, after line 20, insert the following:
``(2) Automatic designation.--The Governor shall approve
any request for designation as a workforce development area
from any unit of general local government with a population
of 500,000 or more.
Page 35, line 21, strike ``Such'' and insert ``(A) Such''.
Page 35, line 24, strike ``(A)'' and insert `(i)''.
Page 36, line 8, strike ``(B)'' and insert `(ii)''.
Page 36, line 19, add ``and'' at the end.
Page 36, line 20, strike ``(C)'' and insert `(iii)''.
Page 37, beginning on line 6, strike ``entities;'' and all
that follows through line 9 and insert ``entities.''.
Page 37, after line 6, insert the following:
``(B) In addition, the membership of each local board may
consist of representatives of local welfare agencies,
economic development agencies, and the local employment
service system.
Page 41, line 8, after ``board'' insert ``, in partnership
with the chief local elected official,''.
Page 41, line 9, after ``Governor'' insert ``, for
approval,''
Page 45, strike line 10 and all that follows through line 9
on page 46.
Page 52, line 19, strike ``center''.
Page 52, line 19, strike ``and''.
Page 52, line 21, strike ``activities'' and insert
``activities, and upon request, minutes of formal meetings of
the local board''.
Page 59, line 5, strike ``for'' and all that follows
through line 20 and insert the following: ``for programs that
are eligible to participate in title IV of the Higher
Education Act of 1965.''.
Page 61, line 23, strike ``and''.
Page 61, line 25, strike ``program.'' and insert ``program;
and''.
Page 61, after line 25, insert the following:
``(D) for literacy providers or providers of integrated
education and training services, the success rate of the
applicable program in raising the literacy levels of
individuals in skill areas that are considered important for
successful participation in training and employment.
Page 66, strike line 9 and all that follows through line 2
on page 67 and insert the following:
``(A) Termination for nonperformance.--If the designated
State agency, or the local workforce development board
working through the State agency, determines that an eligible
provider under subsection (a) substantially fails to meet
performance criteria established by the Governor, the agency,
or the local board working through the State agency, may
terminate the eligibility of such provider.
Page 83, line 20, strike ``Negotiation'' and insert
``Agreement''.
Page 83, beginning on line 25, strike ``is authorized to
negotiate with each State'' and insert ``and each State shall
reach agreement on''.
Page 84, beginning on line 8, strike ``negotiations'' and
insert ``agreement''.
Page 84, line 24, strike ``carry out the negotiation'' and
insert ``enter into the agreement''.
Page 85, beginning on line 5, strike ``carry out the
negotiation'' and insert ``enter into the agreement''.
Page 89, strike line 15 and insert the following:
``(a) Report.--
``(1) In general.--Each State that receives funds
Page 89, line 25, strike ``In'' and insert the following:
``(2) Additional information.-- In''.
Page 90, line 1, strike ``include'' and insert ``include--
''.
Page 90, line 1, strike ``information'' and insert the
following:
``(A) information
Page 90, line 3, strike the period and insert ``; and''.
Page 90, after line 3, insert the following:
``(B) comments assessing the process used for reaching
agreement on the State adjusted benchmarks pursuant to
section 153(a) and may also include comments from local
workforce development areas assessing the process for
negotiating local benchmarks pursuant to section 153(b).
Page 92, line 20, strike ``upon request to the Secretary''
and insert ``or upon request by the Governor, the
Secretary''.
Page 92, line 21, strike ``including'' and insert ``which
may include''
Page 92, line 22, strike ``plan'' and insert ``plan, or the
development of a modified local plan''.
Page 93, strike line 15 and all that follows through line 4
on page 94 and insert the following:
``(ii) Appeal by workforce development area.--
``(I) Appeal to governor.--A workforce development area
that is subject to a reorganization plan under clause (i)
may, not later than 30 days after receiving notice thereof,
appeal to the Governor to rescind or revise such plan. In
such case, the Governor shall make a final decision not later
then 30 days after the receipt of the appeal.
``(II) Subsequent action.--A local workforce development
area may, not later than 30 days after receiving a decision
from the Governor pursuant to subclause (I), appeal such
decision to the Secretary. In such case the Secretary shall
make a final decision not later than 30 days after the
receipt of the appeal.
``(iii) Effective date.--The actions take by the Governor
under subclause (I) shall become effective at the time the
Governor issues a decision pursuant to such subclause. Such
action shall remain effective unless the Secretary rescinds
or revises such plan pursuant to subclause (II).''.
[[Page H2811]]
Page 103, strike line 14, and insert the following:
(2) by striking subsection (e) and inserting the following:
``(e) Waivers.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Labor may waive--
``(A) any of the statutory or regulatory requirements of
this title and titles II and III of this Act (except for
requirements relating to wage and labor standards, worker
rights, participation and protection, grievance procedures
and judicial review, nondiscrimination, allocation of funds
to local areas, eligibility, review and approval of plans,
the establishment and functions of workforce development
areas and workforce development boards, and the basic
purposes of the Act); and
``(B) any of the statutory or regulatory requirements of
sections 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 49g
through 49i) (except for requirements relating to the
provision of services to unemployment insurance claimants and
veterans and to universal access to basic labor exchange
services without cost to job seekers), pursuant to a request
submitted by a State which meets the requirements of
paragraph (2).
``(2) Requests.--A State requesting a waiver under
paragraph (1) shall submit a plan to the Secretary to improve
the workforce development system which--
``(A) identifies the statutory or regulatory requirements
that are requested to be waived and the goals which the State
or local workforce development areas intend to achieve;
``(B) describes the actions that the State or local
workforce development areas have undertaken to remove State
or local statutory or regulatory barriers;
``(C) describes the goals of the waiver and the expected
programmatic outcomes if the request is granted;
``(D) describes the individuals impacted by the waiver; and
``(E) describes the process used to monitor the progress in
implementing a waiver, and for which notice and an
opportunity to comment on such request has been provided to
the organizations identified in section 122 (e)(2) of this
Act, if and only to the extent that the Secretary determines
that such requirements impede the ability of the State to
implement such plan to improve the workforce development
system and the State has executed a memorandum of
understanding with the Secretary requiring such State to meet
agreed-upon outcomes and implement other appropriate measures
to ensure accountability.
Page 104, strike line 6 and insert the following:
``(a) Administrative Costs.--
``(1) In general.--The Secretary, after consultation
Page 104, after line 11, insert the following:
``(2) Additional requirement.--Notwithstanding any other
provision of law, regulations issued by the Secretary under
paragraph (1) shall provide procedures under which the
Governor may approve a plan for the pooling of administrative
funds, which are available in accordance with the limitation
in subsection (b)(1), if the Governor determines that such
plan would not jeopardize the administration of the
activities from which such funds are to be transferred.
Page 114, line 21, after ``reserve'' insert ``not less
than''.
Page 114, line 25, strike ``services''.
Page 115, strike line 2 and all that follows through line 5
and insert the following:
``(ii) agree to provide matching funds from sources other
than those received under this subparagraph for such services
in an amount equal to the Federal funds received under this
subparagraph.
Page 116, line 18, after ``121,'' insert ``in accordance
with paragraphs (2) and (3),''.
Page 116, strike line 21 and all that follows through line
11 on page 118 and insert the following:
``(2) Allocation by formula.--
``(A) In general.--Each State shall allocate not less than
70 percent of the remainder of funds described in paragraph
(1) to workforce development areas within the State pursuant
to the formula contained in subparagraph (B) for the
provision of services for disadvantaged youth in accordance
with section 206.
``(B) Formula.--Of the amounts described in subparagraph
(A)--
``(i) 33\1/3\ percent shall be allocated on the basis of
the relative number of unemployed individuals residing in
areas of substantial unemployment in each workforce
development area as compared to the total number of such
unemployed individuals in all such areas of substantial
unemployment in the State;
``(ii) 33\1/3\ percent shall be allocated on the basis of
the relative excess number of unemployed individuals who
reside in each workforce development area as compared to the
total excess number of unemployed individuals in all
workforce development areas in the State; and
``(iii) 33\1/3\ percent shall be allocated on the basis of
the relative number of economically disadvantaged youth in
each workforce development area as compared to the total
number of disadvantaged youth in all workforce development
areas in the State.
``(3) Discretionary allocation.--The State, through the
collaborative process under section 102, is authorized to
allocate not more than 30 percent of the remainder of funds
described in paragraph (1) to workforce development areas for
the provision of services for disadvantaged youth in
accordance with section 206. Such funds shall be allocated to
urban, rural, and suburban areas throughout the State and
shall be allocated promptly in accordance with section
162(e).
Page 123, line 2, strike ``and'' at the end.
Page 123, line 3, strike the period and insert ``; and''.
Page 123, after line 3 insert the following:
``(H) provide summer employment opportunities that are
directly linked to academic and occupational learning.''.
Page 124, strike line 4 and all that follows through line
10.
Page 124, strike lines 11 and 12 and insert the following:
(III) in subparagraph (G) by striking ``in public
Page 124, line 18, strike ``(V)'' and insert ``(IV)''.
Page 124, strike line 25 and insert the following: ``area;
and';''.
Page 125, strike lines 1 and 2 and insert the following:
(V) by amending subparagraph (I) to read as follows:
``(I) summer employment opportunities that are directly
linked to academic and occupational learning.''; and
(VI) by striking subparagraphs (J) through (L); and
Page 139, line 5, strike ``and''.
Page 139, line 6, after ``projects'' insert ``, and the
provision of employment and training services''.
Page 143, strike line 5 and all that follows through line
23 on page 145 and insert the following:
``(B) Adult employment and training allocations.--
``(i) Adult employment and training formula allocations.--
Each State shall allocate not less than 70 percent of the
remainder of funds described in subsection (a)(1)(A) to
workforce development areas within the State pursuant to the
formula contained in clause (ii) for the provision of adult
employment and training services in accordance with section
314.
``(ii) Formula.--Of the amounts described in clause (i)--
``(I) 33\1/3\ percent shall be allocated on the basis of
the relative number of unemployed individuals residing in
areas of substantial unemployment in each workforce
development area as compared to the total number of such
unemployed individuals in all such areas of substantial
unemployment in the State;
``(II) 33\1/3\ percent shall be allocated on the basis of
the relative excess number of unemployed individuals who
reside in each workforce development area as compared to the
total excess number of unemployed individuals in all
workforce development areas in the State; and
``(III) 33\1/3\ percent shall be allocated on the basis of
the relative number of economically disadvantaged adults in
each workforce development area as compared to the total
number of disadvantaged adults in all workforce development
areas in the State.
``(iii) Adult employment and training discretionary
allocation.--The State, through the collaborative process, is
authorized to allocate not more than 30 percent of the
remainder of funds described in subsection (a)(1)(A) to
workforce development areas for the provision of adult
employment and training services in accordance with section
314. Such funds shall be allocated to urban, rural, and
suburban areas throughout the State and shall be allocated
promptly in accordance with section 162(e).
``(C) Dislocated worker employment and training
allocations.--
``(i) Dislocated worker employment and training formula
allocations.--Each State shall allocate not less than 70
percent of the remainder of funds described in subsection
(a)(2)(A) to workforce development areas within the State
pursuant to the formula contained in clause (ii) for the
provision of employment and training services to dislocated
workers in accordance with section 314.
``(ii) Formula.--Of the amounts described in clause (i)--
``(I) 33\1/3\ percent shall be allocated on the basis of
the relative number of unemployed individuals residing in
areas of substantial unemployment in each workforce
development area as compared to the total number of such
unemployed individuals in all such areas of substantial
unemployment in the State;
``(II) 33\1/3\ percent shall be allocated on the basis of
the relative excess number of unemployed individuals who
reside in each workforce development area as compared to the
total excess number of unemployed individuals in all
workforce development areas in the State; and
``(III) 33\1/3\ percent shall be allocated on the basis of
the relative number of individuals who have been unemployed
for 15 weeks or more within each workforce development area
of the State as compared to the total number of such
individuals in all workforce development areas in the State.
``(iii) Dislocated worker employment and training
discretionary allocation.--The State, through the
collaborative process, is authorized to allocate not more
than 30 percent of the remainder of funds described in
subsection (a)(2)(A) to workforce development areas for the
provision employment and training services to dislocated
workers in accordance with section 314. Such funds shall be
allocated to urban, rural, and suburban areas throughout the
State and shall be
[[Page H2812]]
allocated promptly in accordance with section 162(e).
Page 145, line 24, strike ``(4)'' and insert ``(3)''.
Page 158, line 17, add at the end closed quotation marks
and a second period.
Page 158, strike line 18 and all that follows through line
24.
Page 170, line 19, strike the closed quotation marks and
the second period.
Page 170, after line 19, insert the following:
``(e) Prior to the closure of any Job Corps center, the
Secretary shall ensure that--
``(1) the proposed decision to close the center is
announced in advance to the general public through
publication in the Federal Register or other appropriate
means;
``(2) the establishment of a reasonable comment period, not
to exceed 30 days, for interested individuals to submit
written comments to the Secretary;
``(3) the Members of Congress who represent districts
affected by the proposed decision to close the center are
notified within a reasonable period of time in advance of any
final decision to close the center; and
``(4) the geographic location of alternative Job Corps
centers is among the factors taken into account in the
decision to close the center.
Page 174, line 15, strike ``skills'' and insert ``skill
needs''.
Page 174, after line 15, insert the following:
``(B) projects that provide training to upgrade the skills
of employed workers who reside and are employed in enterprise
zones or empowerment communities;
Page 174, line 16, strike ``(B)'' and insert ``(C)''.
Page 174, line 20, strike ``(C)'' and insert ``(D)''.
Page 174, line 24, strike ``(D)'' and insert ``(E)''.
Page 175, line 4, strike ``(E)'' and insert ``(F)''.
Page 175, line 9, strike ``and''.
Page 175, after line 9, insert the following:
``(G) projects to assist public housing authorities that
provide to public housing residents job training programs
that demonstrate successful job skills upgrading and
employment;
Page 175, line 10, strike ``(F)'' and insert ``(H)''.
Page 191, strike lines 15 through 25 and insert the
following:
``(A) the degree to which the provider will establish
measurable goals for client outcomes, including the core
indicators of performance pertaining to adult education set
forth in section 154 of the Employment, Training, and
Literacy Enhancement Act, that are tied to challenging State
performance standards for literacy proficiency;
``(B) the past effectiveness of a provider in improving the
literacy skills of adults and families, and, after the 1-year
period beginning with the adoption of a State's core
indicators and benchmarks under the Employment, Training, and
Literacy Enhancement Act, the success of a provider receiving
funding under this Act in meeting or exceeding such
benchmarks, especially with respect to those adults with the
lowest levels of literacy;
Page 192, line 19, add ``and'' at the end;
Page 192, line 25, strike ``activities;'' and insert
``activities.''.
Page 193, strike lines 1 through 10.
Page 202, line 5, strike ``agencies;'' and insert
``agencies, such as the special literacy needs of individuals
with learning disabilities;''
Page 226, strike the item relating to section 322.
Page 274, strike line 10 and all that follows through line
14 and insert the following:
(ii) in subsection (e)(1)(B)(iii), by striking ``Job
Training Partnership Act (29 U.S.C. 1693)'' and inserting
``Employment, Training, and Literacy Enhancement Act''.
Page 276, line 9, strike ``The Secretary of Education'' and
insert ``(a) In General.--The Secretary of Education''.
Page 276, after line 14, insert the following:
(b) Extended Transition Period.--
(1) In general.--If, on or before July 1, 1997, a State has
enacted a State statute that provides for the establishment
or conduct of three or more of the programs, projects, or
activities described in subparagraphs (A) through (E) or
paragraph (2), the State shall not be required to comply with
provisions of this Act that conflict with such State statute
for the period ending three years after the date of enactment
of this Act.
(2) Programs, projects, and activities described.--The
programs, projects, and activities described in this
paragraph are the following:
(A) Establishment of human resource investment councils or
substate councils.
(B) Reorganization or consolidation of State agencies with
responsibility for State employment and training programs.
(C) Reorganization or consolidation of State employment and
training programs.
(D) Restructuring of local delivery systems for State
employment and training programs.
(E) Development or restructuring of State accountability or
oversight systems to focus on performance.
The CHAIRMAN. Pursuant to the rule, the gentleman from California
[Mr. McKeon] and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from California [Mr. McKeon].
Mr. McKEON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am offering an en bloc package of amendments which
focus on providing greater flexibility to States and localities as they
work to carry out meaningful job training reform. These amendments
reflect several months of effort by the National Governors'
Association, the National Conference of State Legislatures, and the
National Association of Counties in coming to a consensus with respect
to several key parts of this legislation.
In working with the members of these organizations, we have not only
been able to gain their support for this legislation but we have made
substantial improvements to the bill. Specifically, the amendments
included in this en bloc accomplish the following: Ensures that members
of the State collaborative process used for design and implementation
at the State level of programs under this act represent diverse regions
of the State; increases flexibility with respect to membership of local
work force development boards; increases the roll of chief local
elected officials by authorizing them to develop local plans in
partnership with local work force development boards; increases public
accountability of local work force development boards; further
clarifies the role of each State with respect to determining State
expected levels of performance; and provides a process through which
formal State and local comments on this process may be transmitted
annually to Congress; expedites the process by which Governors may
enforce performance accountability; provides States increased
flexibility to initiate reforms by extending certain waivers of waiver
provisions and providing a limited grandfather for States having passed
comprehensive employment and training reform legislation; maintains
existing State-passed formulas with respect to a majority of the funds
under the block grants while providing increased discretion to States
for the allocation of those funds not distributed under the formula;
provides greater local discretion with respect to carrying out summer
youth programs and clarifies that summer employment activities are an
essential element of disadvantaged youth programs; requires that the
Secretary must sign off on State plans unless they determine in writing
within 90 days of receipt of the plan that it is inconsistent with the
specific provisions of this act; and ensures the ability of any unit of
local government with a population of 500,000 or more to be designated
as a work force development area.
Finally, this package of amendments also makes several modifications
to further streamline the adult education provisions of this act, and
also includes several additional technical and conforming changes to
the bill.
Mr. Chairman, I reserve the balance of my time.
Mr. KILDEE. Mr. Chairman, I am not opposed to the amendment, but I
ask unanimous consent that I may claim the time allowed under the rule.
The CHAIRMAN. Is there objection to the request of the gentleman from
Michigan?
There was no objection.
The CHAIRMAN. The gentleman from Michigan [Mr. Kildee] is recognized
for 5 minutes.
Mr. KILDEE. Mr. Chairman, I would just say that these are clarifying
and perfecting amendments which we agreed to. I would certainly support
them, and urge their adoption.
Mr. Chairman, I yield back the balance of my time.
Mr. McKEON. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from California [Mr. McKeon].
The amendment was agreed to.
The CHAIRMAN. The Clerk will designate section 1.
The text of section 1 is as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employment, Training, and
Literacy Enhancement Act of 1997''.
The CHAIRMAN. Are there any amendments to section 1?
The Clerk will designate section 2.
The text of section 2 is as follows:
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into two divisions as
follows:
(1) Division A--Employment, Training, and Literacy
Programs.
[[Page H2813]]
(2) Division B--Vocational Rehabilitation Programs.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A--EMPLOYMENT, TRAINING, AND LITERACY PROGRAMS
TITLE I--AMENDMENTS TO GENERAL PROVISIONS AND PROGRAM REQUIREMENTS
Subtitle A--General Provisions
Sec. 101. Statement of purpose.
Sec. 102. Authorization of appropriations.
Sec. 103. Definitions.
Subtitle B--State and Local Administrative Provisions
Sec. 111. State administrative provisions.
Sec. 112. Local administrative provisions.
Subtitle C--Program and Fiscal Provisions
Chapter 1--General Provisions
Sec. 121. General program requirements.
Sec. 122. Benefits.
Sec. 123. Labor standards.
Sec. 124. Grievance procedure.
Sec. 125. Identification of additional imposed requirements.
Sec. 126. Authority of State legislature.
Sec. 127. Interstate agreements.
Chapter 2--Performance Accountability Provisions
Sec. 131. Performance accountability provisions.
Chapter 3--Other Provisions
Sec. 141. Prompt allocation of funds.
Sec. 142. Fiscal controls; sanctions.
Sec. 143. Reports; recordkeeping; and investigations.
Sec. 144. Administrative adjudication.
Sec. 145. Nondiscrimination.
Sec. 146. Judicial review.
Sec. 147. Administrative provisions.
Sec. 148. Presidential awards for outstanding private sector
involvement in job training programs.
Sec. 149. Construction.
Sec. 150. Limitation on certain costs.
Subtitle D--Miscellaneous Provisions
Sec. 161. Criminal provisions.
Sec. 162. Reference.
Sec. 163. Repealers.
TITLE II--AMENDMENTS TO EMPLOYMENT AND TRAINING PROGRAMS FOR
DISADVANTAGED YOUTH
Sec. 201. Adult training program.
Sec. 202. Summer youth employment and training program.
Sec. 203. Disadvantaged youth employment and training opportunities
grants.
TITLE III--AMENDMENTS TO EMPLOYMENT AND TRAINING PROGRAMS FOR ADULTS
Sec. 301. Adult employment and training opportunities grants.
TITLE IV--AMENDMENTS TO FEDERALLY ADMINISTERED PROGRAMS
Subtitle A--Employment and Training Programs for Native Americans and
Migrant and Seasonal Farmworkers
Sec. 401. Native American program.
Sec. 402. Migrant and seasonal farmworker program.
Subtitle B--Job Corps
Sec. 411. Statement of purpose.
Sec. 412. Individuals eligible for the Job Corps.
Sec. 413. Screening and selection of applicants; general provisions.
Sec. 414. Job Corps centers.
Sec. 415. Standards of conduct.
Sec. 416. Counseling and job placement.
Sec. 417. Experimental and developmental projects and coordination with
other programs.
Subtitle C--National Activities
Sec. 421. Research, demonstration, evaluation, and capacity building.
Sec. 422. Nontraditional employment demonstration program.
Subtitle D--Repealers
Sec. 451. Repealers.
TITLE V--AMENDMENTS TO ADULT EDUCATION PROGRAMS
Sec. 501. Repeal of Jobs for Employable Dependent Individuals Incentive
Bonus Program.
Sec. 502. Amendment to Adult Education Act.
Sec. 503. Repeal of National Literacy Act of 1991.
Sec. 504. Conforming amendments.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Repealers.
Sec. 602. Conforming amendments.
TITLE VII--AMENDMENTS TO STATE HUMAN RESOURCE INVESTMENT COUNCIL
Sec. 701. Amendments to Council.
Sec. 702. Transfer of Council.
Sec. 703. Conforming amendments.
TITLE VIII--AMENDMENTS TO WAGNER-PEYSER ACT
Sec. 801. Definitions.
Sec. 802. Functions.
Sec. 803. Designation of State agencies.
Sec. 804. Appropriations.
Sec. 805. Disposition of allotted funds.
Sec. 806. State plans.
Sec. 807. Federal advisory council.
Sec. 808. Regulations.
Sec. 809. Effective date.
TITLE IX--TECHNICAL AND CONFORMING AMENDMENTS
Subtitle A--Amendments to the Job Training Partnership Act
Sec. 901. Short title; table of contents.
Sec. 902. Definitions.
Sec. 903. Amendments to title I.
Sec. 904. Amendments to title IV.
Sec. 905. Amendments to title VI.
Sec. 906. Clarification.
Subtitle B--Amendments to Other Acts
Sec. 911. Amendments to other Acts.
TITLE X--EFFECTIVE DATE AND TRANSITION PROVISIONS
Sec. 1001. Effective date.
Sec. 1002. Transition provisions.
DIVISION B--VOCATIONAL REHABILITATION PROGRAMS
TITLE XXI--AMENDMENTS TO GENERAL PROVISIONS
Sec. 2101. Rehabilitation Services Administration.
Sec. 2102. Definitions.
Sec. 2103. Reports.
TITLE XXII--AMENDMENTS TO VOCATIONAL REHABILITATION SERVICES
Subtitle A--General Provisions
Sec. 2201. Declaration of policy; authorization of appropriations.
Sec. 2202. State plans.
Sec. 2203. Scope of vocational rehabilitation services.
Sec. 2204. State Rehabilitation Advisory Council.
Sec. 2205. Evaluation standards and performance indicators.
Sec. 2206. Monitoring and review.
Subtitle B--Basic Vocational Rehabilitation Services
Sec. 2211. State allotments.
Sec. 2212. Payments to States.
Sec. 2213. Client assistance program.
TITLE XXIII--AMENDMENTS TO RESEARCH AND TRAINING
Sec. 2221. Authorization of appropriations.
Sec. 2222. National Institute on Disability and Rehabilitation
Research.
TITLE XXIV--AMENDMENTS TO TRAINING AND DEMONSTRATION PROJECTS
Subtitle A--Training Programs and Community Rehabilitation Programs
Sec. 2231. Training.
Sec. 2232. Repealers.
Sec. 2233. Authorization of appropriations.
Subtitle B--Special Projects and Supplementary Services
Sec. 2241. Special demonstration programs.
Sec. 2242. Migratory workers.
Sec. 2243. Repealers.
Sec. 2244. Special recreational programs.
TITLE XXV--AMENDMENTS TO NATIONAL COUNCIL ON DISABILITY
Sec. 2251. Authorization of appropriations.
TITLE XXVI--AMENDMENTS TO RIGHTS AND ADVOCACY
Sec. 2261. Employment of individuals with disabilities.
Sec. 2262. Architectural and Transportation Barriers Compliance Board.
Sec. 2263. Protection and advocacy of individual rights.
TITLE XXVII--AMENDMENTS TO EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS
WITH DISABILITIES
Sec. 2271. Authorization of appropriations.
Sec. 2272. Repealers.
TITLE XXVIII--AMENDMENTS TO INDEPENDENT LIVING SERVICES AND CENTERS FOR
INDEPENDENT LIVING
Sec. 2281. Authorization of appropriations.
Sec. 2282. Program authorization for centers for independent living.
TITLE XXIX--AMENDMENTS TO SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS
Sec. 2291. Authorization of appropriations.
Sec. 2292. Demonstration activities.
Sec. 2293. Training activities.
TITLE XXX--AMENDMENTS TO THE HELEN KELLER NATIONAL CENTER ACT
Sec. 2295. Authorization of appropriations.
TITLE XXXI--EFFECTIVE DATE
Sec. 2297. Effective date.
The CHAIRMAN. Are there any amendments to section 2?
If not, the Clerk will designate division A.
The text of division A is as follows:
DIVISION A--EMPLOYMENT, TRAINING, AND LITERACY PROGRAMS
TITLE I--AMENDMENTS TO GENERAL PROVISIONS AND PROGRAM REQUIREMENTS
Subtitle A--General Provisions
SEC. 101. STATEMENT OF PURPOSE.
Section 2 of the Job Training Partnership Act (29 U.S.C.
1501) is amended to read as follows:
``SEC. 2. STATEMENT OF PURPOSE.
``The purpose of this Act is to transform the current array
of Federal employment, training, and adult education and
literacy programs from a collection of fragmented and
duplicative categorical programs into high quality, coherent,
and accountable State and local systems that are designed--
``(1) to provide high quality training for today and for
the 21st century;
``(2) to empower individuals to choose occupations and
training programs, based on
[[Page H2814]]
accurate and up-to-date information, that will develop more
fully their academic, occupational, and literacy skills,
leading to productive employment and economic self-
sufficiency, and reduction in welfare dependency;
``(3) to provide resources and authority to States and
local communities and increase ease of access to high quality
employment, training, and literacy programs;
``(4) to provide adults with the adult education services
they require to participate fully in society;
``(5) to meet the needs of employers in the United States
to be competitive; and
``(6) to ensure an adequate return on the investment of
funds in employment, training, and literacy programs through
strong program accountability.''.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
Section 3 of the Job Training Partnership Act (29 U.S.C.
1502) is amended to read as follows:
``SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
the following amounts for the following purposes (in addition
to amounts otherwise available for such purposes):
``(1) Title ii.--Such sums as may be necessary for each of
the fiscal years 1999 through 2003 to carry out title II.
``(2) Title iii.--(A) Such sums as may be necessary for
each of the fiscal years 1999 through 2003 to carry out
section 312(a)(1).
``(B) Such sums as may be necessary for each of the fiscal
years 1999 through 2003 to carry out section 312(a)(2).
``(3) Parts a, c, d, and e of title iv.--Subject to
subsection (b), such sums as may be necessary for each of the
fiscal years 1999 through 2003 to carry out parts A, C, D,
and E of title IV.
``(4) Part b of title iv.--Such sums as may be necessary
for each of the fiscal years 1999 through 2003 to carry out
part B of title IV.
``(b) Reservations.--Of the amount appropriated under
subsection (a)(3) for a fiscal year--
``(1) not less than $70,000,000 shall be reserved for
carrying out section 401;
``(2) not less than $70,000,000 shall be reserved for
carrying out section 402; and
``(3) the remainder shall be reserved for carrying out
parts C, D, and E of title IV.
``(c) Reallotment.--
``(1) In general.--The Secretary of Labor shall, in
accordance with this subsection, reallot to eligible States
amounts appropriated for programs authorized under titles II
and title III of this Act that are available for reallotment.
``(2) Amount.--The amount available for reallotment is
equal to the amount by which the unobligated balance of the
State allotment under title II or title III, respectively, at
the end of the program year prior to the program year for
which the determination under this paragraph is made exceeds
20 percent of such allotment for the prior program year.
``(3) Reallotment.--In making reallotments to eligible
States of amounts available pursuant to paragraph (2) for a
program year, the Secretary shall allot to each eligible
State an amount based on the relative amount allotted to such
State under title II or title III, respectively, for the
prior program year as compared to the total amount allotted
to all eligible States under title II or title III,
respectively, for such prior program year.
``(4) Eligibility.--For purposes of this subsection, an
eligible State means a State which has obligated at least 80
percent of its allotments under title II or title III,
respectively, for the program year prior to the program year
for which the determination under this subsection is made.
``(5) Procedures.--The Governor of each State shall
prescribe uniform procedures for the obligation of funds by
workforce development areas within the State in order to
avoid the requirement that funds be made available for
reallotment under this subsection. The Governor shall further
prescribe equitable procedures for making funds available
from the State and workforce development areas in the event
that a State is required to make funds available for
reallotment under this paragraph.''.
SEC. 103. DEFINITIONS.
Section 4 of the Job Training Partnership Act (29 U.S.C.
1503) is amended--
(1) in paragraph (1) to read as follows:
``(1) Adult education and literacy activities.--The term
`adult education and literacy activities' means the
activities authorized under section 314 of the Adult
Education and Family Literacy Act.'';
(2) by striking paragraph (2);
(3) by inserting after paragraph (1) the following:
``(2) Appropriate secretary.--The term `appropriate
Secretary' means--
``(A) the Secretary of Labor, with respect to programs
authorized under titles II, III, and IV of this Act; and
``(B) the Secretary of Education, with respect to programs
authorized under the Adult Education and Family Literacy
Act.'';
(4) in paragraph (3), by striking ``under parts A and C of
title II'' and inserting ``under title II and title III'';
(5) in paragraph (4) to read as follows:
``(4) Chief elected official.--The term `chief elected
official' means the chief elected executive officer of a unit
of general local government in a workforce development
area.'';
(6) in paragraph (5) to read as follows:
``(5) Community-based organization.--The term `community-
based organization' means a private nonprofit organization
that is representative of a community or a significant
segment of a community and that has demonstrated the ability,
or that can demonstrate a capacity, to effectively administer
a program under this Act.'';
(7) by striking paragraph (6);
(8) by inserting after paragraph (5) the following:
``(6) Dislocated worker.--The term `dislocated worker'
means an individual who--
``(A)(i) has been terminated or laid off, or who has
received a notice of termination or layoff, from employment;
``(ii) is eligible for or has exhausted entitlement to
unemployment compensation; and
``(iii) is unlikely to return to a previous industry or
occupation;
``(B) has been terminated or laid off, or has received a
notice of termination or layoff, from employment as a result
of any permanent closure of, or and substantial layoff at, a
plant, facility, or enterprise;
``(C) was self-employed (including a farmer and a rancher)
but is unemployed as a result of general economic conditions
in the community in which the individual resides or because
of natural disasters;
``(D) is a displaced homemaker; or
``(E) has become unemployed as a result of a Federal action
that limits the use of, or restricts access to, a marine
natural resource.'';
(9) in paragraph (10) to read as follows:
``(10) Individual with a disability.--(A) 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) The term `individuals with disabilities' means more
than one individual with a disability.'';
(10) by striking paragraph (11);
(11) in paragraph (14), by striking ``section 521(22) of
the Carl D. Perkins Vocational Education Act'' and inserting
``section 14101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801)'';
(12) in paragraph (18), by striking all after ``institution
of higher education'' and inserting ``(as such term is
defined in section 481 of the Higher Education Act of 1965
(20 U.S.C. 1088)) that continues to meet the eligibility and
certification requirements under title IV of such Act (20
U.S.C. 1070 et seq.).'';
(13) by striking paragraph (19);
(14) in paragraph (21) to read as follows:
``(21) Secretaries.--The term `Secretaries' means the
Secretary of Labor and the Secretary of Education.'';
(15) in paragraph (22) to read as follows:
``(22) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and
the Commonwealth of Puerto Rico.'';
(16) in paragraph (24) to read as follows:
``(24) Supportive services.--The term `supportive services'
means services such as transportation, child care, dependent
care, and needs-based payments, that are necessary to enable
an individual to participate in programs authorized under
title II and title III of this Act, consistent with the
provisions of such titles.'';
(17) in paragraph (27) to read as follows:
``(27) Veteran.--The term `veteran' has the meaning given
such term in section 101(2) of title 38, United States
Code.'';
(18) by striking paragraph (35);
(19) by striking paragraph (36);
(20) in paragraph (37), by striking ``post-termination
services authorized under sections 204(c)(4) and 264(d)(5)
and follow up services authorized under section 253(d)'' and
inserting ``follow up services authorized under this Act'';
and
(21) by adding at the end the following:
``(41) Employment, training and literacy programs.--The
term `employment, training and literacy programs' means
programs authorized under titles II and III of this Act and
the Adult Education and Family Literacy Act.
``(42) English literacy program.--The term `English
literacy program' means a program of instruction designed to
help individuals of limited English proficiency achieve full
competence in the English language.
``(43) Family literacy services.--The term `family literacy
services' means services that are of sufficient intensity in
terms of hours, and of sufficient duration, to make
sustainable changes in a family and that integrate all of the
following activities:
``(A) Interactive literacy activities between parents and
their children.
``(B) Training for parents on how to be the primary teacher
for their children and full partners in the education of
their children.
``(C) Parent literacy training that leads to economic self-
sufficiency.
``(D) An age-appropriate education to prepare children for
success in school and life experiences.
``(44) Full service eligible providers.--The term `full
service eligible provider' means a provider designated under
section 123(c).
``(45) Human resource programs.--The term `human resource
programs' means programs identified under section 103.
``(46) Individual of limited english proficiency.--The term
`individual of limited English proficiency' means an
individual--
``(A) who has limited ability in speaking, reading, or
writing the English language; and
``(B)(i) whose native language is a language other than
English; or
``(ii) who lives in a family or community environment where
a language other than English is the dominant language.
[[Page H2815]]
``(47) Literacy.--The term `literacy' used with respect to
an individual, means the ability of the individual to speak,
read, and write English, and compute and solve problems, at
levels of proficiency necessary--
``(A) to function on the job, in the family of the
individual, and in society;
``(B) to achieve the goals of the individual; and
``(C) to develop the knowledge potential of the individual.
``(48) Local benchmarks.--The term `local benchmarks' means
the expected level of performance of a local workforce
development area established pursuant to section 153(b).
``(49) Local board.--The term `local board' means a local
workforce development board established under section 122.
``(50) Local workforce development area.--The term `local
workforce development area' means an area designated under
section 121(a).
``(51) On-the-job training.--The term `on-the-job training'
means training by an employer that is provided to a paid
participant while engaged in productive work in a job that--
``(A) provides knowledge or skills essential to the full
and adequate performance of the job;
``(B) provides reimbursement to employers of up to 50
percent of the wage rate of the participant, for the
extraordinary costs of providing the training and additional
supervision related to the training; and
``(C) is limited in duration as appropriate to the
occupation for which the participant is being trained, taking
into account the content of the training, the prior work
experience of the participant, and the service strategy of
the participant, as appropriate.
``(52) Outlaying 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.
``(53) Rapid response assistance.--The term `rapid response
assistance' means assistance provided by a State, or by an
entity designated by a State, with funds provided by the
State under section 313(a)(2) in the case of permanent
closure or mass layoff at a plant, facility or enterprise, or
a natural or other disaster, that results in mass job
dislocation, in order to assist dislocated workers in
obtaining reemployment as soon as possible, with services
including--
``(A) the establishment of onsite contact with employers
and employee representative--
``(i) immediately after the State is notified of a current
or projected permanent closure or mass layoff; or
``(ii) in the case of a disaster, immediately after the
State is made aware of mass job dislocation as a result of
such disaster;
``(B) the provision of information and access to available
employment and training activities;
``(C) assistance in establishing voluntary labor management
committees with the ability to devise and implement a
strategy for assessing the employment and training needs
of dislocated workers and obtaining services to meet those
needs;
``(D) the provision of emergency assistance adapted to the
particular closure, layoff, or disaster; and
``(E) the provision of assistance to the local community in
developing a coordinated response and in obtaining access to
State economic development assistance.
``(54) Representatives of employees.--For purposes of
section 122, the term `representatives of employees' means--
``(A) individuals who have been elected by organizations,
associations, or a network of similar institutions to
represent the economic interests of employees at a
significant segment of workplaces located in, or adjacent to,
the local workforce development area; or
``(B) individuals from organizations, associations, or a
network of similar institutions, with expertise to represent,
or experience representing, the interests of employees with
respect to the job training priorities in the local workforce
development area.
``(55) Skill grant.--The term `skill grant' means a voucher
or credit issued to a participant under section 314(c)(6)(A)
for the purchase of training services from eligible providers
of such services.
``(56) State adjusted benchmarks.--The term `state adjusted
benchmarks' means a state's expected levels of performance
established pursuant to 153(a).
``(57) State benchmark.--The term `State benchmark' means
the benchmarks established by the state pursuant to section
152(a).
``(58) Statewide system.--The term `statewide system' means
a statewide employment and training and literacy system that
includes programs authorized under titles II and III of this
Act and the Adult Education and Family Literacy Act.''.
Subtitle B--State and Local Administrative Provisions
SEC. 111. STATE ADMINISTRATIVE PROVISIONS.
Part A of title I of the Job Training Partnership Act (29
U.S.C. 1511 et seq.) is amended to read as follows:
``PART A--STATE ADMINISTRATIVE PROVISIONS
``SEC. 101. STATE PLAN.
``(a) In General.--For a State to be eligible to receive an
allotment under title II or III, the Adult Education and
Family Literacy Act, or section 6 of the Wagner-Peyser Act
(29 U.S.C. 49e), the Governor of the State shall submit to
Secretaries, for consideration by the appropriate Secretary,
a single comprehensive State plan that provides a 3-year
strategy and policy guidance with respect to the Statewide
system, and programs authorized under the Wagner-Peyser Act
(29 U.S.C. 49 et. seq.), operated in the State. Such plan
shall meet the requirements of this section and section 102.
``(b) Contents.--The State plan shall include the
following:
``(1) A description of the collaborative process described
in section 102, including a description of the manner in
which the individuals and entitles involved in such process
collaborated in the development of the plan and will continue
to collaborate in carrying out the functions described in
section 102(c).
``(2) Information describing--
``(A) the needs of the State with regard to current and
projected demands for workers, by occupation;
``(B) the skills and economic development needs of the
State; and
``(C) the type and availability of employment and training
services in the State.
``(3)(A) A description of the State long-term goals for the
Statewide system.
``(B) An identification of the benchmarks that the State
will use to measure its progress toward meeting the goals
described in subparagraph (A) based on the core indicators of
performance described in section 154.
``(C) A description of how the goals and benchmarks will
ensure continuous improvement of the Statewide system and
make such system relevant and responsive to labor market,
skill, and literacy needs at the State and local levels.
``(4) An identification of local workforce development
areas in the State, including a description of the process
used for the designation of such areas.
``(5) An identification of criteria to be used by local
chief elected officials for the appointment of members of
local workforce development boards, consistent with the
provisions of section 122.
``(6)(A) A description of measures that will be taken by
the State to assure coordination and consistency and avoid
duplication among employment, training, and literacy programs
receiving assistance under this Act, and, at a minimum,
programs carried out under the Wagner-Peyser Act (29 U.S.C.
49 et seq.), the Rehabilitation Act of 1973 (20 U.S.C. 701 et
seq.), title I of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, the Community
Services Block Grant Act, title V of the Older Americans Act
of 1965, the National and Community Service Act of 1990, and
programs carried out by the Veterans' Employment and Training
Service with funds received under section 4103 of title 38,
United States Code, including a description of common data
collection and reporting processes.
``(B) Information identifying how any funds that a State
receives through the allotments made under this Act will be
leveraged with other private and public resources (including
funds made available to the State under the Wagner-Peyser Act
(29 U.S.C. 49 et seq.)) and other human resources programs to
maximize the effectiveness of such resources, and expand the
participation of business, industry, employees, and
individuals in the Statewide system.
``(7) A description of the process used by the State to
provide an opportunity for public comment, and input into
development of the plan, prior to submission of the plan.
``(8) A description of the within-State allocation formulas
development through the collaborative process pursuant to
sections 204(b)(2) and 313(b), through which the State will
distribute funds of local workforce development areas,
including--
``(A) a description of how the individuals and entities
involved in the collaborative process, including
representatives of the State legislature, determined the
factors for such formulas;
``(B) a description of how such individuals and entities
consulted with chief elected officials in local workforce
development areas throughout the State in determining such
formulas; and
``(C) assurances that such formulas will result in funds
being distributed equitably throughout the State, that no one
factors in such formulas receive disproportionate weighting,
and that such formulas protect local workforce development
areas from significant shifts in funding from year to year.
``(9)(A) With respect to employment and training programs
for disadvantaged youth authorized under title II,
information describing the State's strategy for providing
comprehensive services to disadvantaged youth, particularly
those youth who are recognized as having significant barriers
to employment, and a description of how the State intends to
use its State reserve funds (described in section 204(a)) to
serve areas in the State with high concentrations of
disadvantaged youth.
``(B) An assurance that each local workforce development
area will be allowed to determine the proportion of funds
allocated to such area under section 204(b)(2) that will be
used to provide summer employment opportunities and year-
round disadvantaged youth activities, respectively.
``(10) With respect to employment and training programs for
adults and dislocated workers authorized under title III,
information--
``(A) describing the employment and training activities
that will be carried out with
[[Page H2816]]
the funds received by the State through the allotments made
under section 312, including a description of how the State
will provide rapid response assistance to dislocated workers
from funds reserved under section 313(a)(2);
``(B) describing the strategy of the State (including the
timeframe for such strategy) for development of a fully
operational statewide full service employment and training
delivery system as described in section 123, including the
steps that the State will take over the 3 years covered by
the plan, working with local workforce development boards, to
provide information to individuals through the full service
employment and training delivery system on the quality of
employment, training, and literacy services;
``(C) describing the procedures the State will use, working
with local workforce development boards, to identify eligible
providers of training services described in section 314(c),
as required under section 124; and
``(D) describing how the State will serve the employment
and training needs of dislocated workers (including displaced
homemakers), economically disadvantaged individuals
(including welfare recipients), individuals training for
nontraditional equipment, and other individuals with multiple
barriers to employment (including older workers and
individuals with disabilities).
``(11) With respect to adult education and literacy
activities authorized under part A of the Adult Education and
Family Literacy Act--
(A) a description of the assessment that will be made to
determine the adult education and family literacy needs of
the State;
``(B) a description of the adult education and literacy
activities that will be carried out with any funds received
under such part, including activities carried out under
section 314(a) of such Act;
``(C) a description of how the adult education and literacy
activities that will be carried out with any funds received
under such part will be integrated with other adult
education, career development, and employment and training
activities in the State or outlying area of the eligible
agency;
``(D) a description of how the eligible agency annually
will evaluate the effectiveness of the adult education and
literacy activities that are carried out with any funds
received under such part;
``(E) an assurance that any funds received under such part
will not be expended for any purpose other than the
activities described in sections 313 and 314 of such Act;
``(F) an assurance that the eligible agency will expend any
funds received under such part only in a manner consistent
with the fiscal requirements in section 315 of such Act;
``(G) an assurance that the eligible agency will award
grants under such part to providers who offer flexible
schedules and necessary support services (such as child care
and transportation) to enable individuals, including
individuals with disabilities or other special needs to
participate in adult education and literacy activities; and
``(H) a description of the steps the State will take to
ensure direct and equitable access, as stipulated in section
313(c)(2) of the Adult Education and Family Literacy Act.
``(12) With respect to programs authorized under the
Wagner-Peyser Act (29 U.S.C. 49 et seq.), the plan
information required under section 8 of such Act.
``(c) Plan Submission.--A State plan submitted to the
Secretaries under this section shall be approved by the
appropriate Secretary unless such Secretary makes a written
determination, within 90 days after receiving the plan, that
the plan is inconsistent with the specific provisions of this
Act.
``(d) Special Rules.--
``(1) Governor.--The Governor of a State shall have final
authority to determine the content of the portion of the
State plan described in paragraphs (1) through (9)(A),
paragraph (10), and paragraph (12) of subsection (b).
``(2) Eligible agency.--The eligible agency for adult
education and literacy in a State shall have final authority
to determine the content of the portion of the State plan
described in paragraph (11) of subsection (b).
``(e) Modifications to Plan.--A State may submit
modifications to a State plan in accordance with the
requirements of this section and section 102 as necessary
during the 3-year period covered by the plan.
``SEC. 102. COLLABORATIVE PROCESS.
``(a) In General.--A State shall use a collaborative
process in the development of the State plan described in
section 101 and in carrying out the functions described under
subsection (c). Such collaborative process shall be carried
out by, at a minimum, the following individuals and entities
(who overall, represent diverse regions of the State,
including urban, rural, and suburban areas):
``(1) the Governor;
``(2) representatives of the State legislature;
``(3) representatives, appointed by the Governor, of--
``(A) business and industry;
``(B) local chief elected officials (representing both
cities and counties, where appropriate);
``(C) local educational agencies (including adult education
and literacy providers);
``(D) postsecondary institutions (including community and
technical colleges);
``(E) organizations representing individuals served by
programs authorized under this Act (including community-based
organizations);
``(F) organizations serving individuals participating in
programs authorized under this Act and the Adult Education
and Family Literacy Act;
``(G) parents; and
``(H) employees (which may include labor);
``(4) the lead State agency official or officials for--
``(A) employment security;
``(B) job training;
``(C) the State educational agency;
``(D) the eligible agency for vocational education;
``(E) the eligible agency for adult education and literacy;
``(F) the State agency responsible for post-secondary
education;
``(G) the State agency responsible for welfare; and
``(H) the State agency responsible for vocational
rehabilitation, and where applicable, the State agency
providing vocational rehabilitation program activities for
the blind;
``(5) such other State agency officials, including
officials responsible for economic development, as the
Governor may designate; and
``(6) the representative of the Veterans' Employment and
Training Service assigned to the State under section 4103 of
title 38, United States Code.
``(b) Clarification.--For purposes of complying with
subsection (a), a State may use any State collaborative
process (including a council, board, State Human Resource
Investment Council established under section 103, or a
similar entity) that meets or is conformed to meet the
requirements of such subsection.
``(c) Additional Functions of the Collaborative Process.--
In addition to development of the State plan, the individuals
and entities described in subsection (a) shall collaborate
in--
``(1) the designation of local workforce areas as required
under section 121;
``(2) the development of allocation formulas for the
distribution of funds to local workforce development areas
for programs authorized under title II and title III;
``(3) the development of the State goals and benchmarks as
required under part C of this title, including the continued
updating of such goals and benchmarks;
``(4) the provision of management guidance and review for
all programs in the State, including review of the operation
of programs conducted in each local workforce development
area, and the availability, responsiveness, and adequacy of
State services, and make recommendations to the Governor, the
State legislature, appropriate chief elected officials, local
workforce development boards, and service providers
throughout the State regarding the findings of such review;
``(5) the continued development of linkages between
employment, training, literacy, and other human resource and
workforce preparation programs in the State;
``(6) comment at least once annually on the measures taken
pursuant to section 113(b)(14) of the Carl D. Perkins
Vocational Education Act; and
``(7) review plans of all State agencies providing
employment, training, literacy, and related services, and
provide comments and recommendations to the Governor, the
State legislature, the State agencies, and the appropriate
federal agencies on the relevancy and effectiveness of
employment, training, literacy, and related delivery systems
in the State.''.
SEC. 112. LOCAL ADMINISTRATIVE PROVISIONS.
Part B of title I of the Job Training Partnership Act (29
U.S.C. 1531 et seq.) is amended by striking sections 121
through 123 and inserting the following:
``SEC. 121. LOCAL WORKFORCE DEVELOPMENT AREAS.
``(a) Designation of areas.--
``(1) In general.--Except as provided in subsection (b),
and consistent with paragraph (2), a State that desires to
receive a grant under title II or title III shall, through
the collaborative process established under section 102 and
after consultation with local chief elected officials, and
after consideration of comments received through the public
comment process as described in section 101(b)(7) of the
State plan, designate local workforce development areas
within the State that are consistent with labor market areas,
or a substantial portion of a labor market area, and that
take into consideration the following:
``(A) Units of general local government.
``(B) Geographic areas served by local educational agencies
and intermediate educational agencies.
``(C) Geographic areas served by postsecondary institutions
and area vocational education schools.
``(D) Service delivery areas established under section 101
of this Act (as such section was in effect on the day before
the date of the enactment of the Employment, Training, and
Literacy Enhancement Act of 1997).
``(E) The distance that individuals will need to travel to
receive services.
``(2) Automatic designation.--The Governor shall approve
any request for designation as a workforce development area
from any unit of general local government with a population
of 500,000 or more.
``(b) Small States.--Any State determined to be eligible to
receive a minimum allotment under section 203(b)(2)(D) or
paragraph (1)(B)(iv) or paragraph (2)(B)(iv) of section
312(b) may designate itself, through the collaborative
process established pursuant to section 102, and after
consultation with local
[[Page H2817]]
chief elected officials, and consideration of comments
received through the public comment process described in
section 101(b)(7) of the State plan, as a single State
workforce development area for purposes of this Act.
``SEC. 122. LOCAL WORKFORCE DEVELOPMENT BOARDS.
``(a) Establishment.--There shall be established in each
local workforce development area of a State, and certified by
the Governor of the State, a local workforce development
board (hereinafter referred to as the `local board'),
reflecting business and community interests in employment,
training, and other workforce preparation activities.
``(b) Membership.--
``(1) State criteria.--The Governor of the State, through
the collaborative process described in section 102, shall
establish criteria for use by local chief elected officials
in the local workforce development areas for appointment of
members of the local boards in such local areas in accordance
with the requirements of paragraph (2).
``(2) Composition.--(A) Such criteria shall require at a
minimum, that the membership of each local board consist of--
``(i) a majority of members who are representatives of
business and industry in the local workforce development
area, who are owners of businesses, chief executives or chief
operating officers of private business, and other business
executives with optimum policymaking authority in local
businesses, appointed from among individuals nominated by
local business organizations and trade associations;
``(ii) representatives of local educational entities,
including representatives of local educational agencies,
local school boards, post-secondary educational institutions
(including representatives of community colleges), and
representatives of providers of adult education and literacy
services, where such schools, institutions, educators, or
providers, as appropriate, exist, selected from among
individuals nominated by regional or local educational
agencies, institutions, or organizations representing such
individuals or entities; and
``(iii) representatives of community-based organizations
(including, as appropriate, a community-based organization
that provides direct job training and placement services to
individuals with disabilities), employees (which may include
labor), and other representatives of the public who may
include program participants, parents, individuals with
disabilities, older workers, veterans, or organizations
serving such individuals, as nominated to the board by
regional or local agencies, institutions, or organizations
representing such individuals or entities.
``(B) In addition, the membership of each local board may
consist of representatives of local welfare agencies,
economic development agencies, and the local employment
service system.
``(3) Chairperson.--The local board shall elect a
chairperson from among the members of the board.
``(c) Appointment and Certification of Board.--
``(1) Appointment of board members and assignment of
responsibilities.--
``(A) In general.--The chief elected official in a local
workforce development area is authorized to appoint the
members of the local board for such area, in accordance with
the State criteria established under subsection (b).
``(B) Multiple units of local government in area.--
``(i) In general.--In a case in which a local workforce
development area includes more than 1 unit of general local
government, the chief elected officials of such units may
execute an agreement that specifies the respective roles of
the individual chief elected officials.--
``(I) in the appointment of the members of the local board
from the individuals nominated or recommended to be such
members in accordance with the criteria established under
subsection (b); and
``(II) in carrying out any other responsibilities assigned
to such officials.
``(ii) Lack of agreement.--If, after a reasonable effort,
the chief elected officials are unable to reach agreement as
provided under clause (i), the Governor may appoint the
members of the local board from individuals so nominated or
recommended.
``(2) Certification.--
``(A) In general.--The Governor is authorized to biennially
certify 1 local board for each local workforce development
area in the State.
``(B) Criteria.--Such certification shall be based on
factors including the criteria established under subsection
(b) and, for a second or subsequent certification, the extent
to which the local board has ensured that employment and
training activities and disadvantaged youth activities
carried out in the local workforce development area have
met expected levels of performance with respect to the
local benchmarks negotiated pursuant to subsection
(d)(6)(A).
``(C) Failure to achieve certification.--Failure of a local
board to achieve certification shall result in reappointment
and certification of another local board for the local
workforce development area pursuant to the process described
in paragraph (1) and this paragraph.
``(3) Decertification.--
``(A) Fiscal noncompliance.--Notwithstanding paragraph (2),
the Governor may decertify a local board if it is determined
as a result of financial and compliance audits that there is
a substantial violation of a specific requirement under this
Act and corrective action has not been taken, in accordance
with section 164. If the Governor decertifies a local board
for a local workforce development area under this
subparagraph, the Governor may require that a new local board
be appointed and certified for the local workforce
development area pursuant to a reorganization plan developed
by the Governor under section 164(b)(1) and in accordance
with the criteria established under subsection (b).
``(B) Nonperformance.--Notwithstanding paragraph (2), the
Governor may decertify a local board if a local workforce
development area fails to meet the local benchmarks
established pursuant to section 153(b) for such local area
for two consecutive program years (in accordance with section
156(b)(2)). If the Governor decertifies a local board for a
local workforce development area under this subparagraph, the
Governor may require that a new local board be appointed and
certified for the local area pursuant to a reorganization
plan developed by the Governor under section 156(b)(2) and in
accordance with the criteria established under subsection
(b).
``(4) Single state area.--Notwithstanding subsection (b)
and paragraphs (1) and (2), if a State described in section
121(b) indicates in the State plan that the State will be
treated as a local workforce development area for purposes of
the application of this Act, the Governor may designate the
individuals and entities involved in the collaborative
process described in section 105 to carry out the functions
described in subsection (d).
``(d) Functions of Local Board.--The functions of the local
board shall include the following:
``(1) Local plan.--
``(A) In general.--Each local board, in partnership with
the chief local elected official, shall develop and submit to
the Governor, for approval, a comprehensive 3-year strategic
local plan. The local plan shall be consistent with the State
goals and State plan described in section 101.
``(B) Contents.--The local plan shall include--
``(i) an identification of the workforce development needs
of local industries, job seekers, and workers;
``(ii) a description of the disadvantaged youth activities
and the employment and training activities for adults and
dislocated workers to be carried out in the local workforce
development area as required under titles II and III, that,
with activities authorized under the Wagner-Peyser Act (29
U.S.C. 49 et seq.), will contribute to the coherent
delivery of employment, training and workforce preparation
activities in the local area;
``(iii) a description of the local benchmarks negotiated
with the Governor pursuant to paragraph (6)(A), to be used by
the local board for measuring the performance of the local
administrative entity (where appropriate), eligible providers
of services authorized under titles II and III, and the
performance of the full service employment and training
delivery system in the local workforce development area;
``(iv) a description of the local full service employment
and training delivery system to be established or designated
in the local workforce development area, including--
``(I) a description of the process negotiated with the
Governor pursuant to paragraph (6)(B) that the local board
will use to designate or certify full service eligible
providers in the local workforce development area, which
ensures that the most effective and efficient providers will
be chosen;
``(II) a description of how the local board will ensure
the continuous improvement of such full service eligible
providers and that such providers will continue to meet the
labor market needs of local employers and participants; and
``(III) an identification of the roles of individual
employment, training, and other human resources programs, as
determined appropriate, including programs authorized by the
Wagner-Peyser Act (20 U.S.C. 49 et seq.), in carrying out the
functions of the full service employment and training
delivery system, including a description of the funding
sources to be used in the operation of the full service
employment and training system;
``(v) an identification of the administrative entity
designated by the local board in accordance with paragraph
(5);
``(vi) a description of the steps the local board will take
to work with local educational agencies, postsecondary
educational institutions (including community colleges, where
applicable), vocational educators, providers of adult
education and literacy services, and other representatives of
the educational community to address local employment,
education, and training needs, including a description of
linkages established with such individuals and entities to
enhance the provision of services, including supportive
services, and avoid duplication;
``(vii) a description of the process that will be used by
the local board to fully involve representatives of the local
community, including community-based organizations with
experience in serving disadvantaged youth, the local
education community (including vocational educators and
teachers), parents, youth, local law enforcement agencies,
and representatives of business and employees (which may
include labor) in the development and implementation of
disadvantaged youth programs in the local workforce
development area, including a description of the process used
(involving the individuals and
[[Page H2818]]
organizations described in this clause) to ensure that the
most effective and efficient providers are chosen to carry
out the activities authorized under title II; and
``(viii) such other information as the Governor may
require.
``(2) Selection of providers.--
``(A) Selection of full service providers.--Consistent with
section 123 and the agreement negotiated with the Governor
under paragraph (6)(B)(i), the local board is authorized to
designate or certify full service eligible providers, and to
terminate for cause, the eligibility of such providers.
``(B) Selection of disadvantaged youth providers.--
Consistent with section 207, the local board is authorized to
award grants on a competitive basis to eligible providers of
disadvantaged youth activities in the local workforce
development area.
``(3) Identification of eligible providers of training
services.--Consistent with section 124, the local board is
authorized to work in partnership with the Governor
concerning the identification of eligible providers of
training services described in section 314(c) in the local
workforce development area.
``(4) Budget and program oversight.--
``(A) Budgeting.--
``(i) In general.--The local workforce development board
shall develop a budget for the purpose of carrying out local
programs established under titles II and III and section 123.
``(ii) Approval of budget.--Such budget shall be subject to
the approval of the chief elected official or officials in
the local workforce development area.
``(B) Program oversight.--The local workforce development
board, in partnership with the chief elected official or
officials in the local workforce development area, shall
conduct oversight of the programs established under titles II
and III and section 123.
``(5) Administration.--
``(A) Designation of administrative entity.--
``(i) In general.--The local workforce development board
may designate itself as the administrative entity for receipt
and disbursement of funds made available for carrying out
programs authorized under title II and title III of this Act,
or the local board may designate an administrative entity
(which may be the State through a mutual agreement between
the local board and the State), for the purpose of receipt
and disbursement of such funds.
``(ii) Additional fiscal responsibilities .--Each
administrative entity shall be responsible for the
distribution of funds and shall have responsibility to take
action against its subcontractors, subgrantees, and other
recipients to eliminate abuses in the programs being carried
out in the local workforce development area and to prevent
any misuse of funds by subcontractors, subgrantees, and other
recipients.
``(B) Staff; grants and other contributions.--The local
board may employ its own staff, independent of local programs
and service providers, and may solicit or accept grants and
contributions from sources other than from this Act.
``(C) Prohibition on direct provision of services.--
``(i) In general.--Except as provided in clause (ii), a
local board or employees of such board may not directly
provide services under programs established under this Act.
``(ii) Waiver.--The Governor of the State in which the
local board is located may grant to the local board a written
waiver of the prohibition under clause (i) where necessary to
improve performance or to provide a full array of services in
the local area as may be particularly necessary in rural
areas.
``(D) Conflict of interest.--A member of a local board may
not--
``(i) vote on a matter under consideration by the local
board--
``(I) regarding the provision of services by such member
(or by an organization that such member represents); or
``(II) that would provide direct financial benefit to such
member or the immediate family of such member; or
``(ii) engage in any other activity determined by the
Governor to constitute a conflict of interest.
``(6) Negotiations.--
``(A) Local benchmarks.--The local board, the local chief
elected official, and the Governor shall negotiate and reach
agreement on local benchmarks designed to meet the State
goals described in the State plan under section 101 for the
local workforce development area. In determining such
benchmarks, the Governor, the local chief elected official,
and the local board shall take into account the State
adjusted benchmarks described in section 153(a) with respect
to programs authorized under titles II and III, and specific
economic, demographic, and other characteristics of the
populations to be served in the local workforce development
area.
``(B) Local delivery of services.--
``(i) In general.--The local board, the local chief elected
official, and the Governor shall negotiate and reach
agreement on a process to be used by the local board that
meets the requirements of subclauses (I) and (II) of
paragraph (1)(B)(iv) for--
``(I) the designation or certification of full service
eligible providers (as described in section 123(c)) in the
local workforce development area, including, consistent with
State statute, a determination of the role of providers of
activities authorized under the Wagner-Peyser Act (29 U.S.C.
49 et seq.) in the full service delivery of services in the
local workforce development area; and
``(II) the continued role of the local board and the local
elected official in conducting oversight with respect to full
service eligible providers that are providers of activities
authorized under the Wagner-Peyser Act (29 U.S.C. 49 et
seq.).
``(ii) Established full service employment and training
delivery system.--Notwithstanding this subsection and section
123(c), if a full service employment and training delivery
system has been established in a local workforce development
area prior to the date of enactment of this Act, or if
approval has been obtained for a plan for a full service
employment and training delivery system under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.) prior to the date of
enactment of this Act, the local board and the Governor
involved may agree to certify such full service employment
and training delivery system for purposes of this
subparagraph.
``(e) Sunshine Provision.--
``(1) In general.--The local board shall make available to
the public, on a regular basis, information regarding the
activities of the local board, including information
regarding membership, the designation and certification of
full service employment and training eligible providers, the
award of grants to eligible providers of disadvantaged youth
activities, and upon request, minutes of formal meetings of
the local board.
``(2) Local plan.--Prior to the submission of the local
plan to the Governor, under subsection (d)(1)(D)(ii), the
local board shall make such plan available for review and
comment to--
``(A) appropriate community-based organizations and local
educational and other public agencies in the local workforce
development area;
``(B) local business organizations and representatives of
employees in the local workforce development area; and
``(C) the general public through such means as public
hearings and local news media.
``SEC. 123. FULL SERVICE EMPLOYMENT AND TRAINING DELIVERY
SYSTEM.
``(a) In General.--There shall be established in a State
that receives an allotment under section 312, a full service
employment and training delivery system that--
``(1) shall provide the core services described in
subsection (d), including the information described in part E
of title IV and labor exchange services authorized under the
Wagner-Peyser Act (29 U.S.C. 49 et seq.);
``(2) shall provide access to the activities carried out
under subsection (e), if any; and
``(3) shall provide access to intensive and training
services described in section 314, including serving as the
point of distribution of skill grants for training services
to participants in accordance with section 314(c)(6)(A).
``(b) Access to Delivery of Services.--
``(1) In general.--The State's full service employment and
training delivery system shall provide individuals and
employers with access to the services described in subsection
(a) through a network of eligible providers that assures
participants that such services will be available, regardless
of where the participants initially enter the system. At a
minimum, such services shall be available--
``(A) through a network of full service employment and
training delivery centers, established in all local workforce
development areas in the State, that provide all of the
services described in subsection (a); or
``(B) at not less than one full service employment and
training delivery center in each local workforce development
area in the State that provides all of the services
described in subsection (a), supplemented with multiple
affiliated sites that provide one or more of such services
and are linked through electronic and technological access
points.
``(2) Specialized centers.--Of the full service employment
and training delivery centers or affiliated sites described
in paragraph (1), such centers or sites may have a
specialization in addressing special needs, such as the needs
of dislocated workers.
``(c) Eligibility for Designation.--Any entity or
consortium of entities located in a local workforce
development area may be designated or certified by the local
workforce development board (in accordance with section
122(d)(2)(A)) through a competitive process, or through an
agreement reached between the local board and a consortium of
entities, to operate a full service employment and training
delivery center or to participate as an affiliated site in
the full service employment and training delivery system.
Such entities shall be known as `full service eligible
providers' and may include--
``(1) institutions of higher education;
``(2) local employment service offices established under
the Wagner-Peyser Act (29 U.S.C. 49 et seq.);
``(3) private, nonprofit organizations (including
community-based organizations);
``(4) private for-profit entities;
``(5) agencies of local government; and
``(6) other interested organizations and entities of
demonstrated effectiveness, including local chambers of
commerce and other business organizations, consistent with
State criteria as described in the State plan under section
101.
``(d) Core Services.--Funds made available to local
workforce development areas under section 313(b), in addition
to funds made available under the Wagner-Peyser Act, part E
of title IV, and other related programs, shall be used to
provide core services, which shall be available to all
individuals through the full service employment and training
delivery system and shall, at a minimum, include--
[[Page H2819]]
``(1) outreach, intake (which may include worker
profiling), and orientation to the information and other
services available through the full service employment and
training delivery system;
``(2) initial assessment of skill levels, aptitudes,
abilities, and supportive service needs;
``(3) job search and placement assistance, and where
appropriate, career counseling;
``(4) provision of accurate information relating to local,
regional, and national labor markets, including--
``(A) job vacancy listings in such markets; and
``(B) information relating to local occupations in demand
and the earnings and skill requirements for such occupations;
``(5) provision of accurate information relating to the
quality and availability of employment, training, and
literacy activities authorized under titles II and III of
this Act and the Adult Education and Family Literacy Act, and
of vocational rehabilitation program activities as
appropriate, and referral to such activities;
``(6) provision of information relating to unemployment
compensation, publicly funded employment and training
programs (including registered apprenticeships), and forms of
public financial assistance, such as student aid programs,
that may be available in order to enable individuals to
participate in employment, training, literacy, and other
workforce preparation activities;
``(7) soliciting and accepting job orders submitted by
employers in the local workforce development area, and
screening and referring applicants in accordance with such
orders;
``(8) dissemination of lists of eligible training providers
and performance information regarding such providers in
accordance with section 124; and
``(9) any additional performance information with respect
to the full service employment and training delivery system
in the local workforce development area.
``(e) Permissible Services.--Funds made available to local
workforce development areas under section 313(b) may be used
to contribute to, through the full service employment and
training delivery system--
``(1) co-location of services related to employment,
training, and literacy activities, such as unemployment
insurance, vocational rehabilitation program activities,
veterans' employment services, programs authorized under the
Wagner-Peyser Act (29 U.S.C. 49 et seq.), employment-related
services for welfare recipients, or other public assistance
activities;
``(2) customized screening and referral of qualified
participants to employment; and
``(3) customized employment-related services to employers
on a fee-for-service basis.
``SEC. 124. IDENTIFICATION OF TRAINING PROVIDERS.
``(a) Eligibility Requirements.--
``(1) In general.--Except as provided in subsection (e), to
be identified as an eligible provider of training services
under title III and to receive funds made available for the
provision of training services described in section 314(c)
(referred to in this section as `training services'), a
provider of such services shall meet the requirements of this
section.
``(2) Postsecondary educational institution.--Subject to
the provisions of this section, a postsecondary educational
institution shall automatically be eligible to provide
training services under title III for programs that are
eligible to participate in title IV of the Higher Education
Act of 1965.
``(A) a program that leads to an associate, baccalaureate,
professional, or graduate degree;
``(B) a program that--
``(i) is at least 2 academic years in length; and
``(ii) is acceptable for academic credit toward a
baccalaureate degree; or
``(C) a program that--
``(i) is at least 1 academic year in length;
``(ii) is a training program;
``(iii) leads to a certificate, degree, or other recognized
educational credential; and
``(iv) prepares a student for gainful employment in a
recognized occupation.
``(3) Other eligible providers.--
``(A) Procedure.--
``(i) In general.--The Governor shall establish a procedure
for use by local workforce development boards in determining
the eligibility of public and private providers not described
in paragraph (2) (including eligibility of postsecondary
educational institutions for programs not described in
paragraph (2)) to receive such funds.
``(ii) Factors.--In developing such procedure, the
Governor--
``(I) shall solicit and take into consideration the
recommendations of local workforce development boards and
providers of training services within the State; and
``(II) shall take into consideration--
``(aa) the specific economic, geographic, and demographic
factors in the local areas in which eligible providers are
located; and
``(bb) the characteristics of the populations served by the
eligible providers, including the demonstrated difficulties
in serving such populations, where applicable.
``(B) Levels of performance.--At a minimum, the procedure
described in subparagraph (A) shall require such a provider
to meet minimum acceptable levels of performance based on
verifiable program-specific performance information described
in subsection (b) and submitted to the State agency
designated under subsection (c), as required under paragraphs
(2) and (3) of subsection (c).
``(b) Performance Information.--
``(1) Required information.--Pursuant to subsection (c)(2),
to be eligible to provide training services under title III,
a provider shall submit information on--
``(A) program completion rates for individuals in the
applicable program conducted by the provider;
``(B) the percentage of individuals in the applicable
program who obtain employment, which may also include
information specifying the percentage of individuals who
obtain employment in an occupation related to the program
conducted;
``(C) the earnings at placement of individuals who complete
the program; and
``(D) for literacy providers or providers of integrated
education and training services, the success rate of the
applicable program in raising the literacy levels of
individuals in skill areas that are considered important for
successful participation in training and employment.
``(2) Additional information.--Subject to paragraph (3), in
addition to the performance information described in
paragraph (1), the Governor may require that a provider
described in this paragraph submit such other performance
information as the Governor determines to be appropriate,
which many include information relating to--
``(A) the retention in employment and the subsequent
earnings of the individuals who complete the applicable
program;
``(B) where appropriate, the rates of licensure or
certification of individuals who complete the program;
``(C) the percentage of individuals who complete the
program who attain industry-recognized occupational skills in
the subject, occupation, or industry for which training is
provided, where applicable; and
``(D) the adequacy of space, staff, equipment,
instructional materials, and student support services offered
by the provider through a program conducted by the provider.
``(3) Conditions.--
``(A) In general.--If the Governor requests additional
information pursuant to paragraph (2) that imposes
extraordinary costs in providers, the Governor shall provide
access to cost-effective methods for the collection of such
information or provide additional resources to assist
providers in the collection of such information from funds
made available under section 313(a).
``(B) Transition period for performance-based
information.--For program years 1999 and 2000, the
performance-based information to be submitted by a provider
under this subsection shall only be required to be provided
relating to the performance of participants assisted under
title III in lieu of all; individuals participating in the
program of the provider. Nothing in this subparagraph shall
be construed to prohibit the submission of performance-based
information for all individuals participating in the program
of the provider as soon as is practicable prior to program
year 2001 and each provider shall be encouraged to submit
such information.
``(c) Administration.--
``(1) Designation.--The Governor shall designate a State
agency to collect and disseminate the performance information
described in subsection (b) and to carry out other duties
described in this subsection.
``(2) Submission.--A provider described in subsection (a)
shall submit the performance information described in
subsection (b) annually to the designated State agency at
such time and in such manner as the designated State agency
may require. The designated State agency may accept program-
specific performance information consistent with the
requirements for eligibility under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.) from such a
provider for purposes of enabling the provider to fulfill the
applicable requirements of this paragraph, if such
information is substantially similar to the information
required under subsection (b).
``(3) List of eligible providers.--
``(A) In general.--The designated State agency shall
compile a list of eligible providers accompanied by the
performance information described in subsection (b)
consisting of--
``(i) providers determined to be automatically eligible
subject to subsection (a)(2); and
``(ii) providers determined to be eligible by local
workforce development boards, subject to subsection (a)(3).
``(B) Availability.--The designated State agency shall
disseminate such lists and information to the full service
employment and training delivery system and to local boards.
Such list and information shall be made widely available to
participants in employment and training programs authorized
under title III and others through the full service
employment and training delivery system described in section
123.
``(d) Enforcement.--
``(1) Accuracy of information.--If the designated State
agency determines that a provider or individual supplying
information on behalf of a provider intentionally supplies
inaccurate information under this section, the agency shall
terminate the eligibility of the eligible provider to receive
funds described in subsection (a) for a period of time, but
not less than 2 years, as prescribed in regulations issued by
the Governor.
``(2) Noncompliance.--If the designated State agency, or
the local workforce development board working through the
State agency, determines that an eligible provider under
subsection (a) substantially violates any requirement under
this Act, the agency,
[[Page H2820]]
or the local board through the State agency, may terminate
the eligibility of such provider to receive funds described
in subsection (a) for such program or take such other action
as the agency or local board determines to be appropriate.
``(3) Nonperformance.--
``(A) Termination for nonperformance.--If the designated
State agency, or the local workforce development board
working through the State agency, determines that an eligible
provider under subsection (a) substantially fails to meet
performance criteria established by the Governor, the agency,
or the local board working through the State agency, may
terminate the eligibility of such provider.
``(B) Factors.--In establishing the performance criteria
described under subparagraph (A)(i), the Governor shall--
``(i) solicit and take into consideration the
recommendations of local workforce development boards and
providers of training services within the State; and
``(ii) take into consideration--
``(I) the specific economic, geographic, and demographic
factors in the local areas in which eligible providers are
located; and
``(II) the characteristics of the populations served by the
eligible providers, including the demonstrated difficulties
in serving such populations, where applicable.
``(4) Eligibility under the higher education act of 1965.--
If the designated State agency determines that the
eligibility of an eligible provider described in subsection
(a)(2) under title IV of the Higher Education Act of 1965 has
been terminated, the agency--
``(A) shall terminate the automatic eligibility of the
provider under subsection (a)(2); and
``(B) shall require the provider to meet the requirements
of subsection (a)(3) to be eligible to receive funds as
described in subsection (a).
``(5) Repayment.--A provider whose eligibility is
terminated under paragraph (1) or (2) for a program shall be
liable for repayment of all funds described in subsection (a)
received for the program during any period of noncompliance
described in such paragraph.
``(6) Appeal.--The Governor shall establish a procedure for
an eligible provider to appeal a determination by the local
board or the designated state agency that results in the
denial or termination of eligibility under this subsection.
Such procedure shall provide an opportunity for a hearing and
prescribe appropriate time limits to ensure prompt resolution
of the appeal.
``(7) Construction.--This subsection shall be construed to
supplement, but not supplant, other civil and criminal
remedies and penalties.
``(e) On-The-Job Training Exception.--
``(1) In general.--Providers of on-the-job training, and
apprenticeship programs registered in accordance with the
National Apprenticeship Act, shall not be subject to the
requirements of subsection (a), (b), (c), or (d).
``(2) Collection and dissemination of information.--A full-
service eligible provider in a local workforce development
area shall collect such performance information from on-the-
job training providers as the Governor may require, and
disseminate such information through the delivery of core
services described in section 123, as appropriate.''.
Subtitle C--Program and Fiscal Provisions
CHAPTER 1--GENERAL PROVISIONS
SEC. 121. GENERAL PROGRAM REQUIREMENTS.
(a) Employment and Training Opportunities.--Section 141(a)
of the Job Training Partnership Act (29 U.S.C. 1551(a)) is
amended--
(1) by striking ``and shall make efforts'' and all that
follows and inserting a period; and
(2) by adding at the end the following: ``In addition,
efforts shall be made to develop programs which contribute to
occupational development, upward mobility, development of new
careers, and overcoming sex-stereotyping in occupations
traditional for the other sex.''.
(b) Relocation.--Section 141(c) of such Act (29 U.S.C.
1551(c)) is amended to read as follows:
``(c) Relocation.--
``(1) Prohibition on use of funds to encourage or induce
relocation.--No funds provided under title II, III, or IV
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, if such original location is within
the United States.
``(2) Prohibition on use of funds for customized or skill
training and related activities after relocation.--No funds
provided under title II, III, or IV for an employment and
training activity shall be used for customized or skill
training, on-the-job training, or company-specific
assessments of job applicants or employees, 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
employee of such business at the original location and such
original location is within the United States.
``(3) Repayment.--If the Secretary of Labor determines that
a violation of paragraph (1) or (2) has occurred, the
Secretary shall require the State that has violat4ed such
paragraph to repay to the United States an amount equal to
the amount expended in violation of such paragraph.''.
(c) Training for Occupations in Demand.--Subsection (d) of
section 141 of such Act (29 U.S.C. 1551(d)) is hereby
repealed.
(d) Agreements Among Areas Relating to Education, Training,
and Employment of Participants.--Section 141(e) of such Act
(29 U.S.C. 1551(e)) is amended--
(1) by striking paragraph (1); and
(2) in paragraph (2)--
(A) by striking ``(2)'';
(B) by striking ``service delivery area'' each place it
appears and inserting ``local workforce development area'';
and
(C) in the second sentence--
(i) by striking ``private industry council'' and inserting
``local workforce development board''; and
(ii) by striking ``section 104'' and inserting ``section
122(d)(1)''.
(e) Prohibition on Certain Votes.--Subsection (f) of
section 141 of such Act (29 U.S.C. 1551(f)) is hereby
repealed.
(f) Payments to Employers for On-The-Job-Training.--Section
141(g) of such Act (29 U.S.C. 1551(g)) is amended--
(1) by striking paragraphs (1) through (3); and
(2) in paragraph (4)--
(A) by striking ``(4)'';
(B) by striking ``In accordance with regulations issued by
the Secretary, on -the-job training contracts'' and inserting
``On-the-job training contracts''; and
(C) by striking ``with wages and employment benefits'' and
all that follows and inserting a period.
(g) Duplicate Facilities or Services.--Section 141(h) of
such Act (29 U.S.C. 1551(h)) is amended to read as follows:
``(h)(1) Upon the approval of the Governor, real property
in which, as of July 1, 1998, equity has resulted from funds
provided under title III of the Social Security Act, section
903(c) of such Act (commonly referred to as the `Reed Act'),
or the Wagner-Peyser Act (29 U.S.C. 49 et seq.) may be used
for the purposes of a full service employment and training
delivery center.
``(2) Unless otherwise provided in a plan approved pursuant
to section 101, subsequent to the commencement of the use of
the property described in paragraph (1) for the purposes of a
full service employment and training delivery center, funds
provided under the provisions of law described in paragraph
(1) may only be used to acquire further equity in such
property, or to pay operating and maintenance expenses
relating to such property in proportion to the extent of the
use of such property attributable to the activities
authorized under such provisions of law.''.
(h) Responsibilities of Administrative Entities.--Section
141(i) of such Act (29 U.S.C. 1551(i)) is hereby repealed.
(i) Prohibition on Certain Subsidized Employment.--Section
141(k) of such Act (29 U.S.C. 1551(k)) is hereby repealed.
(j) Consultation Requirements.--Section 141(n) of such Act
(29 U.S.C. 1551(n)) is amended--
(1) by striking ``private industry councils'' each place it
appears and inserting ``local workforce development boards'';
(2) by striking ``councils'' and inserting ``boards'';
(3) by striking ``service delivery area'' each place it
appears and inserting ``local workforce development area'';
and
(4) by striking ``this Act'' each place it appears and
inserting ``title II or title III''.
(k) Prohibition on Use of Funds for Public Service
Employment.--Section 141(p) of such Act (29 U.S.C. 1551(p))
is amended--
(1) by striking ``part B of this title or part A or C of
title II'' and inserting ``this Act''; and
(2) by inserting at the end before the period the
following: ``except as specifically authorized under this
Act''.
(l) Prohibition on Use of Funds for Certain Economic
Activities.--Section 141(q) of such Act (29 U.S.C. 1551(p))
is amended in the first sentence by inserting at the end
before the period the following: ``which are not directly
related to training or related services for eligible
individuals under this Act''.
(m) Priority for Excess Property of the Department of
Defense.--Section 141(s) of such Act (29 U.S.C. 1551(s)) is
hereby repealed.
(n) Prohibition on Entitlement to Service.--Section 141 of
such Act (29 U.S.C. 1551) is amended by adding at the end the
following:
``(s) Prohibition on Entitlement to Service.--Nothing in
this Act shall be construed to provide an individual with an
entitlement to a service under this Act.
``(t) Fee for Service Authority.--Services, facilities, and
equipment funded under titles II and III may be used, as
appropriate, on a fee for service basis, by employers in a
local workforce development area in order to provide
employment and training services to incumbent workers--
``(1) when such services, facilities, or equipment are not
in use for the provision of services for eligible program
participants under title II or title III, respectively;
``(2) if such use would not have an adverse affect on the
provision of services to eligible program participants under
title II or title III, respectively; and
``(3) if the income derived from such fees is used to carry
out the programs authorized under title II or title III,
respectively.''.
SEC. 122. BENEFITS.
Section 142(a) of the Job Training Partnership Act (29
U.S.C. 1552(a)) is amended--
[[Page H2821]]
(1) by striking all that precedes paragraph (4) and
inserting the following:
``(a) Wages.--
``(1) In general.--Individuals in on-the-job training or
individuals employed in activities under this Act shall be
compensated at the same rates, including periodic increases,
as trainees or employees who are similarly situated in
similar occupations by the same employer and who have similar
training, experience and skills, and such rates shall be in
accordance with applicable law, but in no event less than the
higher of the rate specified in section 6(a)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the
applicable State or local minimum wage law.''; and
(2) by redesignating paragraph (4) as paragraph (2).
SEC. 123. LABOR STANDARDS.
Section 143 of the Job Training Partnership Act (29 U.S.C.
1553) is amended to read as follows:
``SEC. 143. LABOR STANDARDS.
``(a) Limitations on Activities That Impact Wages of
Employees.--No funds provided under this title shall be used
to pay the wages of incumbent employees during their
participation in economic development activities provided
through the statewide system.
``(b) Displacement.--
``(1) Prohibition.--A participant in an activity authorized
under title II, III, or IV of this Act (referred to in this
section as a `specified activity') shall not displace
(including a partial displacement, such as a reduction in the
hours of nonovertime work, wages, or employment benefits) any
currently employed employee (as of the date of the
participation).
``(2) Prohibition on impairment of contracts.--A specified
activity shall not impair an existing contract for services
or collective bargaining agreement, and no such activity that
would be inconsistent with the terms of a collective
bargaining agreement shall be undertaken without the written
concurrence of the labor organization and employer concerned.
``(c) Other Prohibitions.--A participant in a specified
activity shall not be employed in a job--
``(1) when any other individual is on layoff from the same
or any substantially equivalent job;
``(2) when the employer has terminated the employment of
any regular employee or otherwise reduced the workforce of
the employer with the intention of filling the vacancy so
created with the participant; or
``(3) which is created in a promotional line that will
infringe in any way upon the promotional opportunities of
currently employed individuals.
``(d) Health and Safety.--Health and safety standards
established under Federal and State law otherwise applicable
to working conditions of employees shall be equally
applicable to working conditions of participants engaged in
specified activities. To the extent that a State workers'
compensation law applies, workers' compensation shall be
provided to participants on the same basis as the
compensation is provided to other individuals in the State in
similar employment.
``(e) Employment Conditions.--Individuals in on-the-job
training or individuals employed in activities under this
Act, shall be provided benefits and working conditions at the
same level and to the same extent as other trainees or
employees working a similar length of time and doing the same
type of work.
``(f) Opportunity to Submit Comments.--Interested parties
shall be provided an opportunity to submit comments with
respect to training programs proposed to be funded under this
Act.''.
SEC. 124. GRIEVANCE PROCEDURE.
Section 144 of the Job Training Partnership Act (29 U.S.C.
1554) is amended to read as follows:
``SEC. 144. GRIEVANCE PROCEDURE.
``(a) In general.--Each State receiving an allotment under
this Act shall establish and maintain a procedure for
grievances or complaints alleging violations of the
requirements of this Act from participants and other
interested or affected parties. Such procedure shall include
an opportunity for a hearing and be completed within 60 days
of filing the complaint.
``(b) Investigation.--
``(1) In general.--The Secretary shall investigate an
allegation of a violation described in subsection (a) if--
``(A) a decision relating to such violation has not been
reached within 60 days after the date of the grievance or
complaint and either party appeals to the Secretary; or
``(B) a decision relating to such violation has been
reached within such 60 days and the party to which such
decision is adverse appeals such decision to the Secretary.
``(2) Additional Requirement.--The Secretary shall make a
final determination relating to an appeal made under
paragraph (1) no later than 120 days after receiving such
appeal.
``(c) Remedies.--Remedies shall be limited--
``(1) to suspension or termination of payments under this
Act;
``(2) to prohibition of placement of a participant with an
employer that has violated any requirements under this Act;
``(3) where applicable, to reinstatement of an employee,
payment of lost wages and benefits, and reestablishment of
other relevant terms, conditions and privileges of
employment; and
``(4) where appropriate, to other equitable relief.''.
SEC. 125. IDENTIFICATION OF ADDITIONAL IMPOSED REQUIREMENTS.
Section 124 of the Job Training Partnership Act (29 U.S.C.
1534) is amended--
(1) by redesignating such section as section 146 of such
Act; and
(2) by inserting such section after section 145 of such
Act.
SEC. 126. AUTHORITY OF STATE LEGISLATURE.
Section 126 of the Job Training Partnership Act (29 U.S.C.
1536) is amended--
(1) by adding at the end ``Any funds received by a State
under title II or III of this Act shall be subject to
appropriation by the State legislature, consistent with the
terms and conditions required under this Act.'';
(2) by redesignating such section as section 147 of such
Act; and
(3) by inserting such section after section 146 of such
Act, as amended by this Act.
SEC. 127. INTERSTATE AGREEMENTS.
Section 127 of the Job Training Partnership Act (29 U.S.C.
1537) is amended--
(1) by redesignating such section as section 148 of such
Act; and
(2) by inserting such section after section 147 of such
Act, as amended by this Act.
CHAPTER 2--PERFORMANCE ACCOUNTABILITY PROVISIONS
SEC. 131. PERFORMANCE ACCOUNTABILITY PROVISIONS.
The Job Training Partnership Act (29 U.S.C. 1501 et seq.)
is amended by inserting after part C of title I of such Act
the following:
``SEC. 151. PERFORMANCE ACCOUNTABILITY SYSTEM.
``In order to promote high levels of performance and to
ensure an appropriate return on the Nation's investment in
employment, training, and literacy programs, each State
receiving funds under this Act or the Adult Education and
Family Literacy Act shall implement a statewide performance
accountability system that meets the requirements of this
subpart.
``SEC. 152. INDICATORS OF PERFORMANCE.
``(a) State Benchmarks.--
``(1) In general.--Each State receiving funds under this
Act shall identify indicators and related levels of
performance (hereinafter referred to as `State benchmarks'),
for each of the programs established under titles II, III,
and V of this Act, to be used to measure the State's progress
in meeting the State long-term goals described in the State
plan under section 101. Such State benchmarks shall, at a
minimum--
``(A) include the core indicators of performance described
in section 154;
``(B) be expressed in an objective, quantifiable, and
measurable form; and
``(C) show the progress of the State to continuously
improve in performance over the 3-year period covered by the
State plan.
``(2) Customer satisfaction.--Such State benchmarks may
also include post-program surveys and other measures of
customer satisfaction of both employers and program
participants.
``(b) Technical Definitions of Core Indicators.--In order
to ensure nationwide comparability of performance data, the
Secretary of Labor and the Secretary of Education, in
collaboration with the States, localities, representatives of
business and industry, employees, employment and training
service providers, State directors of adult education,
providers of adult education and literacy services,
individuals with expertise in serving the employment and
training needs of disadvantaged youth, participants,
parents and other interested parties with expertise in the
provision of employment, training, literacy, and related
services, shall promulgate definitions of each of the core
indicators of performance described in section 154, with
the exception of the indicators described under
subsections (a)(6), (b)(1), (b)(5), (c)(1), and (c)(5) of
such section, to be used under this Act in measuring
performance.
``SEC. 153. STATE ADJUSTED BENCHMARKS.
``(a) Agreement.--
``(1) In general.--In order to ensure an adequate return on
the investment of Federal funds in employment, training, and
literacy programs authorized under this Act and the Adult
Education and Family Literacy Act, the appropriate Secretary
and each State shall reach agreement on the levels of
performance expected to be achieved by such State based upon
the State's benchmarks established pursuant to section
152(a)(1) (hereinafter referred to as the `State adjusted
benchmarks'), for the core indicators of performance
described in section 154 (except for the indicators described
under subsections (a)(6), (b)(1), (b)(5), (c)(1), and (c)(5)
of such section). Such agreement shall take into account--
``(A) whether the levels will enable each State to attain
the State goals;
``(B) how the levels compare with the levels established by
other States, taking into consideration the specific
circumstances, including economic circumstances, of each
State;
``(C) how the levels compare with the model levels of
performance identified pursuant to subsection (c); and
``(D) the extent to which such levels demonstrate
continuous improvement in performance by such State and
ensure an adequate return on the investment of Federal funds.
``(2) Authority of governor.--The Governor of a State is
authorized to enter into
[[Page H2822]]
the agreement described in paragraph (1) for programs
authorized under titles II and III.
``(3) Authority of eligible state agency.--The eligible
State agency for adult education and literacy programs is
authorized to enter into the agreement described in paragraph
(1) for programs authorized under the Adult Education and
Family Literacy Act.
``(b) Local Benchmarks for Employment and Training
Programs.--Based on the expected levels of performance
established pursuant to subsection (a), each State shall
negotiate with the local workforce development board and the
chief local elected official in each local workforce
development area (consistent with section 122(d)(6)(A)) the
levels of performance for each indicator that are expected
for such local workforce development areas. Such levels of
performance shall be known as `local benchmarks'.
`'(c) Model Levels of Performance.--In order to encourage
high levels of performance and advance the Nation's
competitiveness, the Secretary of Labor and the Secretary of
Education, in collaboration with the States, localities, and
with representatives of business and industry, employees,
employment and training service providers, State directors of
adult education, providers of adult education and literacy
services, individuals with expertise in serving the
employment and training needs of disadvantaged youth,
participants, parents and other interested parties with
expertise in the provision of employment, training, literacy,
and related services, shall identify challenging model levels
of performance (hereinafter referred to as `model levels of
performance') with respect to the core indicators of
performance described in section 154, with the exception of
the indicators described under subsections (a)(6), (b)(1),
(b)(5), (c)(1), and (c)(5).
``SEC. 154. CORE INDICATORS OF PERFORMANCE.
``(a) Core Indicators for Adult Employment and Training
Programs.--The common core indicators of performance for
programs authorized under title III of this Act shall include
measures of--
``(1) placement in unsubsidized employment;
``(2) retention in unsubsidized employment for not less
than 6 months and for not less than 12 months, respectively;
``(3) increases in earnings or in earnings in combination
with employer-assisted benefits;
``(4) reductions in welfare dependency;
``(5) attainment of industry-recognized occupational
skills;
``(6) attainment of a high school diploma or a general
equivalency diploma; and
``(7) such other measures of performance as the State may
wish to collect.
``(b) Core Indicators for Adult Education and Literacy
Programs.--The core indicators of performance for programs
conducted under the Adult Education and Family Literacy Act
shall include measures of--
``(1) achievement in the areas of reading, writing, English
language acquisition, problem solving, numeracy, and other
literacy skills;
``(2) receipt of a high school diploma or a general
equivalency diploma;
``(3) entry into a postsecondary school, job retraining
program, employment, or career advancement;
``(4) attainment of the literacy skills and knowledge
individuals need to be productive and responsible citizens
and to become more actively involved in the education of
their children; and
``(5) such other measures of performance as the State may
wish to collect.
``(c) Core Indicators for Disadvantaged Youth.--The core
indicators of performance for programs conducted under title
II shall include measures of--
``(1) attainment of challenging State academic
proficiencies;
``(2) attainment of secondary school diplomas or general
equivalency diplomas;
``(3) attainment of industry-recognized work readiness and
occupational skills;
``(4) placement in, retention in, and completion of
postsecondary education or advanced training, or placement
and retention in military service, employment, or qualified
apprenticeships; and
``(5) such other measures of performance as the State may
wish to collect.
``(d) Population Indicators.--
``(1) Adult employment and training programs.--The core
indicators of performance for programs conducted under title
III, as provided under subsection (a), shall include measures
of the success of individuals with multiple barriers to
employment, including economically disadvantaged individuals
(including welfare recipients), displaced homemakers, older
workers, and other individuals as determined by the State.
``(2) Adult education and literacy programs.--The core
indicators of performance for programs conducted under the
Adult Education and Family Literacy Act, as provided under
subsections (a) and (b), shall include measures of the
success of economically disadvantaged individuals,
individuals with limited literacy (as determined by the
eligible agency), and other individuals as determined by the
eligible agency.
``(3) Disadvantaged youth programs.--The core indicators of
performance for programs conducted under title II, as
provided under subsection (c), shall include measures of the
success of hard to serve youth, including individuals who are
school dropouts or whose educational attainment is one or
more grade levels below the grade level appropriate to the
age of the individual, and other individuals as determined by
the State.
``SEC. 155. REPORT ON PERFORMANCE.
``(a) Report.--
``(1) In general.--Each State that receives funds under
titles II and III of this Act and the Adult Education and
Family Literacy Act shall annually prepare and submit to the
Secretary of Labor and the Secretary of Education (for
consideration by the appropriate Secretary) a report on the
levels of performance achieved by the State with respect to
the State adjusted benchmarks identified pursuant to section
153(a), and by each local workforce development area with
respect to the local benchmarks identified pursuant to
section 153(b) for programs authorized under title II and
title III for each program year.
``(2) Additional information.--In preparing such report,
the State may include--
``(A) information on such additional benchmarks as the
State may establish to meet the State goals; and
``(B) comments assessing the process used for reaching
agreement on the State adjusted benchmarks pursuant to
section 153(a) and may also include comments from local
workforce development areas assessing the process for
negotiating local benchmarks pursuant to section 153(b).
``(b) Information Dissemination.--The Secretary of Labor
and the Secretary of Education--
``(1) shall make the information contained in such reports
available to the general public through publication and other
appropriate methods;
``(2) shall disseminate State-by-State comparisons of the
information; and
``(3) shall provide the appropriate congressional
committees with copies of such reports.
``SEC. 156. INCENTIVE GRANTS AND SANCTIONS.
``(a) Incentive Grants.--
``(1) Award of grants.--From amounts made available under
section 452 and section 502 for any fiscal year, the
appropriate Secretary may award incentive grants to States
that--
``(A) exceed, during the most recent 12-month period for
which data are available, the adjusted State benchmarks
described under section 153(a);
``(B) demonstrate continuing progress toward exceeding,
during the 3-year period covered by the State plan submitted
under section 101, the adjusted State benchmarks described
under section 153(a); or
``(C) demonstrate significant progress in the coordination
and integration of employment, training, literacy, and other
human resource and workforce preparation programs within the
State, and demonstrate high performance in such programs.
``(2) Technical assistance.--The Secretary, upon request,
shall provide technical assistance to any State that does not
qualify for receipt of an incentive grant under paragraph
(1).
``(3) Use of funds.--A State that receives an incentive
grant under paragraph (1) may use funds made available under
such grant only to carry out employment, training, or
literacy activities.
``(b) Sanctions.--
``(1) States.--
``(A) Technical assistance.--If a State fails to meet
expected levels of performance for a program for any program
year as established pursuant to section 153(a), the
Secretary of Labor for programs established under title II
and title III, or the Secretary of Education for programs
established under the Adult Education and Family Literacy
Act, shall, upon request, provide technical assistance,
including assistance in the development of a performance
improvement plan.
``(B) Reduction in amount of grant.--If such failure
continues for a second consecutive year, the appropriate
Secretary may reduce by not more than 5 percent, the amount
of the grant that would (in the absence of this paragraph) be
payable to the State under such program for the immediately
succeeding program year. Such penalty shall be based on the
degree of failure to meet adjusted levels of performance.
``(2) Local areas.--
``(A) Technical assistance.--If a local workforce
development area, or other applicable local administrative
entity, fails to meet expected levels of performance for a
program for any program year under section 153(b), the
Governor, or upon request by the Governor, the Secretary,
shall provide technical assistance, which may include the
development of a performance plan, or the development of a
modified local plan.
``(B) Corrective actions.--
``(i) In general.--If such failure continues for a second
consecutive year, the Governor shall take corrective actions,
which may include development of a reorganization plan
through which the Governor may require the appointment of a
new local board (consistent with the criteria established
under section 122(b)), prohibit the use of designated service
providers, require the redesignation of a local
administrative entity (in such case chosen jointly by the
Governor and the chief elected official in the local
workforce development area), or such other actions as the
Governor determines are appropriate, consistent with State
law, and the requirements of this subparagraph.
``(ii) Appeal by workforce development area.--
``(I) Appeal to governor.--A workforce development area
that is subject to a reorganization plan under clause (i)
may, not later than 30 days after receiving notice thereof,
appeal to the Governor to rescind or revise
[[Page H2823]]
such plan. In such case, the Governor shall make a final
decision not later then 30 days after the receipt of the
appeal.
``(II) Subsequent action.--A local workforce development
area may, not later than 30 days after receiving a decision
from the Governor pursuant to subclause (I), appeal such
decision to the Secretary. In such case the Secretary shall
make a final decision not later than 30 days after the
receipt of the appeal.
``(iii) Effective date.--The actions taken by the Governor
under subclause (I) shall become effective at the time the
Governor issues a decision pursuant to such subclause. Such
action shall remain effective unless the Secretary rescinds
or revises such plan pursuant to subclause (II).''.
CHAPTER 3--OTHER PROVISIONS
SEC. 141. PROMPT ALLOCATION OF FUNDS.
Section 162 of the Job Training Partnership Act (29 U.S.C.
1572) is amended--
(1) in the second sentence of subsection (a), by striking
``1980 Census or later data'' and inserting ``the most recent
satisfactory data from the Bureau of the Census''; and
(2) by striking subsection (f).
SEC. 142. FISCAL CONTROLS; SANCTIONS.
(a) Establishment of Fiscal Controls by States.--Section
164(a) of the Job Training Partnership Act (29 U.S.C.
1574(a)) is amended--
(1) in paragraph (2)--
(A) in the first sentence of the matter preceding
subparagraph (A), before the period at the end insert the
following: ``, consistent with appropriate circulars of the
Office of Management and Budget''; and
(B) in subparagraph (C), by striking ``except as
specifically provided by this Act'' and inserting ``, and
procurement transactions between workforce development boards
and such governments shall be conducted only on a cost-
reimbursable basis'';
(2) in paragraph (3)--
(A) by inserting before the second comma in the first
sentence ``consistent with appropriate circulars of the
Office of Management and Budget''; and
(B) by striking the second sentence and all that follows:
(3) in paragraph (4), by striking ``service delivery area
and substate area'' and inserting ``workforce development
area'';
(4) in paragraph (5), by striking ``service delivery area
or substate area'' and inserting ``workforce development
area'';
(5) in paragraph (6)(B), by striking ``substate areas and
service delivery areas'' and inserting ``workforce
development areas''; and
(6) by striking paragraph (8).
(b) Sanctions.--Section 164(b) of such Act (29 U.S.C.
1574(b)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``provision of'' and inserting
``requirement under''; and
(ii) by striking ``or the regulations under this Act'';
(B) in subparagraph (A), by inserting ``local'' before
``plan''; and
(C) in subparagraph (B)--
(i) in clause (i), by striking ``private industry council''
and inserting ``workforce development board'';
(ii) in clause (iii), by striking ``service delivery'' and
inserting ``workforce development''; and
(iii) in clause (iv), by striking ``service delivery'' each
place it appears and inserting ``workforce development''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i)--
(I) by striking ``paragraph (1)(A)'' and inserting
``subparagraphs (A) and (B) of paragraph (1)''; and
(II) by striking ``under the same terms and conditions as
the disapproval of the plan''; and
(ii) in clause (i), by inserting ``the'' before ``appeal'';
and
(B) in subparagraph (B)--
(i) by striking ``The actions'' and all that follows
through ``, who'' and inserting ``The Secretary''; and
(ii) by striking ``60'' and inserting ``45''.
(c) Evaluation by Comptroller General of the United
States.--Subsection (c) of section 164 of such Act (29 U.S.C.
1574(c)) is hereby repealed.
(d) Repayment of Misexpenditures to the United States.--
Subsection (d) of section 164 of such Act (29 U.S.C. 1574(d))
is amended to read as follows:
``(d) Repayment of Certain Amounts to the United States.--
``(1) In general.--Every recipient of funds under titles II
and III of this Act shall repay to the United States amounts
found not to have been expended in accordance with this Act.
``(2) Offset of repayment.--If the Secretary determines
that a State has expended funds made available under this Act
in a manner contrary to the requirements of this Act, the
Secretary may offset repayment of such expenditures against
any other amount to which the State is or may be entitled,
except as provided under subsection (e)(1).
``(3) Repayment from deduction by state.--If the Secretary
requires a State to repay funds as a result of a
determination that a local recipient or a subgrantee of such
recipient in a local workforce development area of the State
has expended funds contrary to the requirements of this Act,
the Governor of the State may use an amount deducted under
paragraph (4) to repay the funds, except as provided under
subsection (e)(1).
``(4) Deduction by state.--The Governor may deduct an
amount equal to the misexpenditure described in paragraph (3)
from subsequent program year allocations to the local
workforce development area from funds reserved for the
administrative costs of such local programs under title II or
title III, as appropriate.
``(5) Limitations.--A deduction made by a State as
described under paragraph (4) shall not be made until such
time as the Governor has taken appropriate corrective action
to ensure full compliance within such local workforce
development area with regard to appropriate expenditures
of funds under this Act.''.
(e) Repayment of Certain Amounts to the United States.--
Subsection (e) of section 164 of such Act (29 U.S.C. 1574(e))
is amended--
(1) in paragraph (1)--
(A) in the first sentence--
(i) by inserting ``by the Secretary'' after ``upon a
determination'';
(ii) by striking ``or failure'' and inserting ``failure'';
and
(iii) by inserting before the period at the end the
following: ``, or a pattern of failure with respect to
paragraphs (2) and (3) of subsection (d)''; and
(B) in the second sentence--
(i) by inserting ``under this subsection or subsection
(d)'' after ``shall be made''; and
(ii) by inserting before the period at the end the
following: ``has been given to the recipient''; and
(2) in paragraph (3), by striking the second sentence.
(f) Remedies Construed as Exclusive Remedies.--Subsection
(h) of section 164 of such Act (29 U.S.C. 1574(h)) is hereby
repealed.
SEC. 143. REPORTS; RECORDKEEPING; INVESTIGATIONS.
Section 165 of the Job Training Partnership Act (29 U.S.C.
1575) is amended--
(1) in subsection (d)(1)(C)--
(A) by striking the comma after ``occupations''; and
(B) by striking the semicolon at the end and inserting
``and placement for participants in nontraditional
employment;''; and
(2) by striking subsection (h).
SEC. 144. ADMINISTRATIVE ADJUDICATION.
Section 166(a) of the Job Training Partnership Act (29
U.S.C. 1576(a)) is amended by striking the last sentence.
SEC. 145. NONDISCRIMINATION.
Section 167 of the Job Training Partnership Act (29 U.S.C.
1577) is amended to read as follows:
``SEC. 167. NONDISCRIMINATION.
``(a) In General.--
``(1) Federal financial assistance.--For the purpose of
applying the prohibitions against discrimination on the basis
of age under the Age Discrimination Act of 1975 (42 U.S.C.
6101 et seq.), on the basis of disability under section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), on
the basis of sex under title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), or on the
basis of race, color, or national origin under title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.),
programs and activities funded or otherwise financially
assisted in whole or in part under this Act are considered
to be programs and activities receiving Federal financial
assistance.
``(2) Nondiscrimination.--No individual shall be excluded
from participation in, denied the benefits of, subjected to
discrimination under, or denied employment in the
administration of or in connection with any such program or
activity because of race, color, religion, sex, national
origin, age, political affiliation or belief, or status as a
qualified individual with a disability or as a participant of
such program or activity.
``(b) Secretarial Authority.--Whenever the Secretary finds
that a State or other recipient has failed to comply with a
provision of this section, or with an applicable regulation
prescribed to carry out this section, the Secretary shall
notify such State or recipient and seek compliance through
the processes of conciliation, mediation or persuasion, as
appropriate. If within a reasonable time the State or
recipient fails or refuses to comply, the Secretary may--
``(1) refer the matter to the Attorney General with a
recommendation for appropriate action; or
``(2) take such other action as may be provided by law.
``(c) Authority of Attorney General.--When a matter is
referred to the Attorney General pursuant to subsection
(b)(1), the Attorney General may bring a civil action in any
appropriate district court of the United States for such
relief as may be appropriate, including injunctive relief.
``(d) Job Corps.--For the purposes of this section, Job
Corps members shall be considered as the ultimate
beneficiaries of Federal financial assistance.
``(e) Regulations.--The Secretary shall issue regulations
necessary to implement this section not later than one year
after the date of the enactment of the Employment, Training,
and Literacy Enhancement Act of 1997. Such regulations shall
adopt standards for determining discrimination and procedures
for enforcement that are consistent with the Acts referred to
in a subsection (a)(1), as well as procedures to ensure that
complaints filed under this section and such Acts are
processed in a manner that avoids duplication of
effort.''.
SEC. 146. JUDICIAL REVIEW.
Section 168 of the Job Training Partnership Act (29 U.S.C.
1578) is hereby repealed.
SEC. 147. ADMINISTRATIVE PROVISIONS.
Section 169 of the Job Training Partnership Act (29 U.S.C.
1579) is amended--
[[Page H2824]]
(1) in the first sentence of subsection (a), by striking
``such rules and regulations'' and all that follows and
inserting ``rules and regulations only to the extent
necessary to administer and ensure compliance with the
specific requirements of this Act.''; and
(2) by striking subsection (e) and inserting the following:
``(e) Waivers.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Labor may waive--
``(A) any of the statutory or regulatory requirements of
this title and titles II and III of this Act (except for
requirements relating to wage and labor standards, worker
rights, participation and protection, grievance procedures
and judicial review, nondiscrimination, allocation of funds
to local areas, eligibility, review and approval of plans,
the establishment and functions of workforce development
areas and workforce development boards, and the basic
purposes of the Act); and
``(B) any of the statutory or regulatory requirements of
sections 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 49g
through 49i) (except for requirements relating to the
provision of services to unemployment insurance claimants and
veterans and to universal access to basic labor exchange
services without cost to job seekers), pursuant to a request
submitted by a State which meets the requirements of
paragraph (2).
``(2) Requests.--A State requesting a waiver under
paragraph (1) shall submit a plan to the Secretary to improve
the workforce development system which--
``(A) identifies the statutory or regulatory requirements
that are requested to be waived and the goals which the State
or local workforce development areas intend to achieve;
``(B) describes the actions that the State or local
workforce development areas have undertaken to remove State
or local statutory or regulatory barriers;
``(C) describes the goals of the waiver and the expected
programmatic outcomes if the request is granted;
(D) describes the individuals impacted by the waiver; and
(E) describes the process used to monitor the progress in
implementing a waiver, and for which notice and an
opportunity to comment on such request has been provided to
the organizations identified in section 122(e)(2) of this
Act, if and only to the extent that the Secretary determines
that such requirements impede the ability of the State to
implement such plan to improve the workforce development
system and the State has executed a memorandum of
understanding with the Secretary requiring such State to meet
agreed-upon outcomes and implement other appropriate measures
to ensure accountability.''.
SEC. 148. PRESIDENTIAL AWARDS FOR OUTSTANDING PRIVATE SECTOR
INVOLVEMENT IN JOB TRAINING PROGRAMS.
Section 172 of the Job Training Partnership Act (29 U.S.C.
1582) is hereby repealed.
SEC. 149. CONSTRUCTION.
Section 173 of the Job Training Partnership Act (29 U.S.C.
1583) is hereby repealed.
SEC. 150. LIMITATION ON CERTAIN COSTS.
Part D of title I of the Job Training Partnership Act (29
U.S.C. 1571 et seq.), as amended by this Act, is further
amended by adding at the end the following:
``SEC. 172. LIMITATION ON CERTAIN COSTS.
``(a) Administrative Costs.--
``(1) In general.--The Secretary, after consultation with
the Inspector General of the Department of Labor and the
Comptroller General of the United States, shall develop
regulations that define `administrative costs' for purposes
of programs under titles II and III. Such definition shall
reflect generally accepted accounting principles.
``(2) Additional requirement.--Notwithstanding any other
provision of law, regulations issued by the Secretary under
paragraph (1) shall provide procedures under which the
Governor may approve a plan for the pooling of administrative
funds, which are available in accordance with the limitation
in subsection (b)(1), if the Governor determines that such
plan would not jeopardize the administration of the
activities from which such funds are to be transferred.
``(b) Limitation.--
``(1) In general.--Of the amounts allocated to local
workforce development areas for a program year under titles
II and III, not more than 10 percent of such amounts may be
expended for administrative costs.
``(2) Definition.--For purposes of paragraph (1), the term
`allocated' means allocated for a program year, as adjusted
for reallocations and reallotments and for transfers of funds
in accordance with this Act.''.
Subtitle D--Miscellaneous Provisions
SEC. 161. CRIMINAL PROVISIONS.
(a) In General.--Section 182 of the Job Training
Partnership Act is hereby repealed.
(b) Savings Provision.--The repeal of section 182 of such
Act made by subsection (a) does not affect in any way the
amendment made by such section 182.
SEC. 162. REFERENCE.
Section 183 of the Job Training Partnership Act (29 U.S.C.
1592) is amended to read as follows:
``SEC. 183. REFERENCE.
``Effective on the date of the enactment of the Employment,
Training, and Literacy Enhancement Act of 1997, all
references in any other provision of law (other than section
665 of title 18, United States Code) to the Comprehensive
Employment and Training Act, or to the Job Training
Partnership Act, as the case may be, shall be deemed to refer
to Employment, Training, and Literacy Enhancement Act.''.
SEC. 163. REPEALERS.
(a) In General.--Section 184 of the Job Training
Partnership Act (29 U.S.C. 801 et seq.) is hereby repealed.
(b) Savings Provision.--The repeal of section 184 of such
Act made by subsection (a) does not affect in any way the
repealers made by such section 184.
TITLE II--AMENDMENTS TO EMPLOYMENT AND TRAINING PROGRAMS FOR
DISADVANTAGED YOUTH
SEC. 201. ADULT TRAINING PROGRAM.
Title II of the Job Training Partnership Act (29 U.S.C.
1601 et seq.) is amended by striking part A of such title.
SEC. 202. SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM.
Title II of the Job Training Partnership Act (29 U.S.C.
1601 et seq.) is amended by striking part B of such title.
SEC. 203. DISADVANTAGED YOUTH EMPLOYMENT AND TRAINING
OPPORTUNITIES GRANTS.
(a) Authorization.--Title II of the Job Training
Partnership Act (29 U.S.C. 1601 et seq.), as amended by this
Act, is further amended--
(1) in the heading to read as follows:
``TITLE II--DISADVANTAGED YOUTH EMPLOYMENT AND TRAINING OPPORTUNITIES
GRANTS'';
(2) by striking the heading for part C of such title;
(3) by redesignating section 261 as section 201; and
(4) by inserting after section 201 (as redesignated) the
following:
``SEC. 202. AUTHORIZATION.
``(a) In General.--In the case of each State that in
accordance with the requirements of sections 101 and 102
submits to the Secretary of Labor (hereinafter in this title
referred to as the `Secretary') a State plan, the Secretary
shall provide a grant to the State for the purpose of
providing employment, job training, educational, and related
assistance for disadvantaged youth in the State.
``(b) Amount.--The grant shall consist of the allotment
determined for the State under section 203.''.
(b) Allotment and Allocation Among States.--Title II of the
Job Training Partnership Act (29 U.S.C. 1601 et seq.), as
amended by this Act, is further amended--
(1) by redesignating section 262 as section 203; and
(2) in section 203 (as redesignated)--
(A) in the heading to read as follows:
``SEC. 203. ALLOTMENT AND ALLOCATION AMONG STATES.'';
(B) by striking subsections (b) and (c);
(C) by redesignating subsections (a) and (d) as subsections
(b) and (c), respectively;
(D) by inserting before subsection (b) (as redesignated)
the following:
``(a) In General.--Of the amount appropriated pursuant to
section 3(a)(1) to carry out this title for a fiscal year,
the Secretary shall allot such amount in accordance with
subsection (b).'';
(E) in subsection (b) (as redesignated)--
(i) in the heading to read as follows:
``(b) Allotment Among States.--'';
(ii) in paragraph (1) to read as follows:
``(1) Outlying areas.--
``(A) In general.--From the amount appropriated for any
fiscal year to carry out this title, the Secretary shall
reserve not more than one quarter of one percent to provide
assistance to--
``(i) the outlying areas; and
``(ii) for each of the fiscal years 1998 through 2001, to
carry out the competition described in subparagraph (B),
except that the amount reserved to carry out such
subparagraph for any such fiscal year shall not exceed the
amount reserved for the freely associated states for fiscal
year 1997, from amounts reserved under section 262(a)(1) of
the Job Training Partnership Act (29 U.S.C. 1642(a)(1)) (as
such section was in effect on the day before the date of the
enactment of Employment, Training, and Literacy Enhancement
Act of 1997).
``(B) Limitation for freely associated states.--
``(i) Competitive grants.--The Secretary shall use funds
described in subparagraph (A)(ii) to award grants to Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the freely associated states to carry out the
purposes of this title.
``(ii) Award basis.--The Secretary shall award grants
pursuant to clause (i) on a competitive basis and pursuant to
the recommendations of experts in the field of employment and
training, working through the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
``(iii) Assistance requirements.--Any freely associated
state that desires to receive amounts under this title shall
include in its application for assistance--
``(I) information demonstrating that it will meet all
conditions that apply to States under this title;
``(II) an assurance that, notwithstanding any other
provision of this title, it will use such amounts only for
the direct provision of services; and
``(III) such other information and assurances as the
Secretary may require.
``(iv) Termination of eligibility.--Notwithstanding any
other provision of law, the
[[Page H2825]]
freely associated states shall not receive any funds under
this title for any program year that begins after September
30, 2001.
``(v) Administrative costs.--The Secretary may provide not
more than 5 percent of the amount made available for grants
under this subparagraph to pay the administrative costs of
the Pacific Region Educational Laboratory in Honolulu,
Hawaii, regarding activities assisted under this section.
``(C) Additional requirement.--The provisions of Public Law
95-134, permitting the consolidation of grants by the
outlying areas, shall not apply to funds provided to those
areas or to the freely associated states under this section.
``(D) Definition.--For purposes of this paragraph, the term
`freely associated states' means the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau.''; and
(III) in paragraph (2)--
(I) by inserting after the heading the following:
``(A) In general.--'';
(II) by striking ``82 percent of the remainder'' and all
that follows and inserting the following: ``the remaining
amount to the States pursuant to the formula contained in
subparagraph (B).''; and
(III) by adding at the end the following:
``(B) Formula.--Subject to the provisions of subparagraphs
(C) and (D) of the amounts allotted to States for this title
for each fiscal year--
``(i) 33\1/3\ percent shall be allotted on the basis of the
relative number of unemployed individuals residing in areas
of substantial unemployment within each State as compared to
the total number of such unemployed individuals in all such
areas of substantial unemployment in all States;
``(ii) 33\1/3\ percent shall be allotted on the basis of
the relative number of unemployed individuals who reside in
each State as compared to the total excess number of
unemployed individuals in all States; and
``(iii) 33\1/3\ percent shall be allotted on the basis of
the relative number of economically disadvantaged youth
within each State as compared to the total number of
economically disadvantaged youth in all States.
``(C) Minimum allotment.--
``(i) Minimum percentage.--No State shall be allotted less
than 90 percent of its allotment percentage for the fiscal
year preceding the fiscal year for which the determination is
made.
``(ii) Maximum percentage.--No State shall be allotted more
than 130 percent of its allotment percentage for the fiscal
year preceding the fiscal year for which the determination is
made.
``(D) Small state minimum allotment.--No State shall
receive less than one-quarter of one percent of the amount
available under this title for a fiscal year. Amounts
necessary for increasing such payments to States to comply
with the preceding sentence shall be obtained by ratably
reducing the amounts to be paid to other States.''; and
(F) in subsection (c)(1)(A) (as redesignated)--
(i) in the heading, by striking ``Economically
disadvantaged'' and inserting ``Disadvantaged''; and
(ii) in the matter preceding clause (i), by striking
``economically''.
(c) Allocation Within States.--Title II of the Job Training
Partnership Act (29 U.S.C. 1601 et seq.), as amended by this
Act, is further amended by inserting after section 203 the
following:
``SEC. 204. ALLOCATION WITHIN STATES.
``(a) Reservation for State Activities.--
``(1) In general.--
``(A) Reservation.--The Governor of the State shall reserve
not more than 25 percent of the amount allotted to the State
under section 203(b) for a fiscal year to carry out the
activities described in this subsection.
``(B) Matching funds for out-of-school youth programs.--Of
the amount reserved under subparagraph (A), the Governor
shall reserve not less than 10 percent of the total amount
alloted to the State under section 203(b) for any fiscal year
to award grants in accordance with this title to programs for
disadvantaged youth that--
``(i) serve only out-of-school youth; and
``(ii) agree to provide matching funds from sources other
than those received under this subparagraph for such services
in an amount equal to the Federal funds received under this
subparagraph.
``(2) Required activities.--Activities described in
paragraph (1)(A) shall include the provision of additional
assistance to areas that have high concentrations of
disadvantaged youth to carry out the activities described in
section 206.
``(3) Discretionary activities.--Activities described in
paragraph (1)(A) may include--
``(A) subject to paragraph (4), administration by the State
of programs under this title;
``(B) capacity building and technical assistance to local
workforce development areas and to providers of disadvantaged
youth services as authorized under this title, including the
development and training of staff, members of local workforce
development boards, and employers and workplace mentors
providing training through programs authorized under this
title;
``(C) incentives for program coordination and integration,
performance awards, and research and demonstrations;
``(D) implementation of innovative disadvantaged youth
employment and training programs, pilot projects, and
demonstration projects which further the purposes of this
title; and
``(E) support for a common management information system
across employment, training, literacy, and human resource
programs as identified in section 103.
``(4) Limitation.--Of the amount reserved by the Governor
under paragraph (1)(A), not more than 5 percent of the total
amount allotted to the State under section 203(b) may be used
for administration by the State of programs under this title.
``(b) Within State Allocation.--
``(1) In general.--The Governor of the State shall allocate
the remainder of the amount allotted to the State under
section 203(b) to workforce development areas designated
under section 121, in accordance with paragraphs (2) and (3),
for the purpose of providing services for disadvantaged youth
in accordance with section 206.
``(2) Allocation by formula.--
``(A) In general.--Each State shall allocate not less than
70 percent of the remainder of funds described in paragraph
(1) to workforce development areas within the State
pursuant to the formula contained in subparagraph (B) for
the provision of services for disadvantaged youth in
accordance with section 206.
``(B) Formula.--Of the amounts described in subparagraph
(A)--
``(i) 33\1/3\ percent shall be allocated on the basis of
the relative number of unemployed individuals residing in
areas of substantial unemployment in each workforce
development area as compared to the total number of such
unemployed individuals in all such areas of substantial
unemployment in the State;
``(ii) 33\1/3\ percent shall be allocated on the basis of
the relative excess number of unemployed individuals who
reside in each workforce development area as compared to the
total excess number of unemployed individuals in all
workforce development areas in the State; and
``(iii) 33\1/3\ percent shall be allocated on the basis of
the relative number of economically disadvantaged youth in
each workforce development area as compared to the total
number of disadvantaged youth in all workforce development
areas in the State.
``(3) Discretionary allocation.--The State, through the
collaborative process under section 102, is authorized to
allocate not more than 30 percent of the remainder of funds
described in paragraph (1) to workforce development areas for
the provision of services for disadvantaged youth in
accordance with section 206. Such funds shall be allocated to
urban, rural, and suburban areas throughout the State and
shall be allocated promptly in accordance with section
162(e).''.
(d) Eligibility for Services.--Title II of the Job Training
Partnership Act (29 U.S.C. 1601 et seq.), as amended by this
Act, is further amended--
(1) by redesignating section 263 as section 205; and
(2) in section 205 (as redesignated)--
(A) in subsection (a)--
(i) in the heading to read as follows:
``(a) In General.--'';
(ii) in the matter preceding paragraph (1)--
(I) by striking ``subsections (e) and (g)'' and inserting
``subsection (c)'';
(II) by striking ``who is in school''; and
(III) by striking ``part'' and inserting ``title''; and
(iii) in paragraph (1)(B) to read as follows:
``(B) if provided in the local plan developed pursuant to
section 122(d)(1), is age 14 through 24; and'';
(B) in subsection (b)--
(i) by amending the heading to read as follows:
``(b) Priority for Service.--'';
(ii) by redesignating paragraphs (1) through (7) as
subparagraphs (B) through (H), respectively, and moving the
margin for each such subparagraph two ems to the right;
(iii) by inserting before subparagraph (B) (as
redesignated) the following:
``(A) Individuals who are school dropouts.'';
(iv) in subparagraph (H) (as redesignated) to read as
follows:
``(H) Other disadvantaged youth who face serious barriers
to employment as identified by the local workforce
development area.''; and
(v) by amending the matter preceding subparagraph (A) (as
added by clause (iii)) to read as follows:
``(1) Priority.--Of the disadvantaged youth described in
subsection (a), priority for service shall be given to school
dropouts and to other hard-to-serve youth.
``(2) Definition.--For the purposes of this title, the term
`hard-to-serve youth' includes--'';
(C) by striking subsections (c), (d), (f), (g), and (h);
(D) by redesignating subsection (e) as subsection (c); and
(E) in subsection (c) (as redesignated)--
(i) by striking ``subsection (a)(2) or (c)(2)'' and
inserting ``subsection (a)''; and
(ii) by striking ``of individuals who face'' and all that
follows and inserting ``described in subparagraphs (A)
through (G) of subsection (b)(2).''.
``(e) Use of Funds.--Title II of the Job Training
Partnership Act (29 U.S.C. 1601 et seq.), as amended by this
Act, is further amended--
(1) by redesignating section 264 as section 206; and
(2) in section 206 (as redesignated)--
(A) by striking subsection (a);
[[Page H2826]]
(B) by redesignating subsections (b), (c), and (d) as
subsections, (a), (b), and (c), respectively;
(C) in subsection (a) (as redesignated)--
(i) in the heading to read as follows:
``(a) Program Design.--'';
(ii) in paragraph (1)--
(I) in the heading to read as follows:
``(1) Essential elements.--'';
(II) in the matter preceding subparagraph (A)--
(aa) by striking ``part'' and inserting ``title''; and
(bb) by striking ``include'';
(III) in subparagraph (A)--
(aa) by inserting ``provide'' after ``(A)'';
(bb) by striking ``skill levels and service needs'' and
inserting ``academic levels, skill levels, and service
needs''; and
(cc) by striking ``and supportive service needs'' and
inserting ``supportive service needs, and developmental needs
of such participants'';
(IV) in subparagraph (B)--
(aa) by striking ``development of'' and inserting
``develop''; and
(bb) by inserting ``for each participant'' after ``service
strategies''; and
(V) by amending subparagraphs (C) and (D) to read as
follows:
``(C) integrate academic, occupational, and work-based
learning opportunities;
``(D) provide comprehensive guidance and counseling;
``(E) provide postsecondary educational or training
opportunities, where appropriate;
``(F) involve employers and parents in the design and
implementation of programs;
``(G) provide adult mentoring; and
``(H) provide summer employment opportunities that are
directly linked to academic and occupational learning.'';
(iii) in paragraph (2)--
(I) in subparagraph (A)--
(aa) in the matter preceding clause (i), by striking
``service delivery'' and inserting ``workforce development'';
and
(bb) in clause (i), by striking ``service delivery'' and
inserting ``workforce development''; and
(II) in subparagraph (B)--
(aa) in clause (i), by striking ``(i) Service providers.--
''; and
(bb) by striking clause (ii);
(D) in subsection (b) (as redesignated)--
(i) in the matter preceding paragraph (1), by striking
``part'' and inserting ``title'';
(ii) in paragraph (1)--
(I) in subparagraph (A), by striking ``section 204(b)(1)''
and inserting ``section 314(c)(4)'';
(II) in subparagraph (C), by striking ``section 141(o)(1)''
and inserting ``section 141(11)(A)'';
(III) in subparagraph (G) by striking ``in public agencies,
nonprofit agencies, and other appropriate agencies,
institutions, and organizations'';
(IV) by amending subparagraph (H) to read as follows:
``(H) such other training and transition services that
assist disadvantaged youth in making the transition to
employment or to postsecondary education or training, as
determined appropriate by the local workforce development
area; and'';
(V) by amending subparagraph (I) to read as follows:
``(I) summer employment opportunities that are directly
linked to academic and occupational learning.''; and
(VI) by striking subparagraphs (J) through (L); and
(iii) in paragraph (2)--
(I) in subparagraph (A) to read as follows:
``(A) assessment, outreach, staff development, job
development, and job search assistance activities;'';
(II) in subparagraph (C), by striking ``and'' at the end;
(III) in subparagraph (D)--
(aa) by striking ``cash''; and
(bb) by striking the period at the end and inserting ``;
and''; and
(IV) by adding at the end the following:
``(E) peer-centered activities encouraging responsibility
and other positive social behaviors during non-school
hours.'';
(E) in subsection (e) (as redesignated)--
(i) in paragraph (1)--
(I) by striking ``service delivery'' and inserting
``workforce development'';
(II) by striking ``private industry council'' and inserting
``local board''; and
(III) by striking ``section 453(c)'' and inserting ``part D
of title IV'';
(ii) in clauses (i) through (iii) of paragraph (2)(B), by
striking ``service delivery'' each place it occurs and
inserting ``workforce development'';
(iii) in paragraph (3)--
(I) in subparagraph (A)--
(aa) in the heading to read as follows:
``(A) Work-related activities.--'';
(bb) in the first sentence, by inserting after ``work
maturity skills training'' the following: ``, summer
employment, job search assistance, job club activities, and
other work-related activities'';
(cc) in the first sentence, by striking ``part'' and
inserting ``title'';
(dd) in the first sentence, by striking ``by either work
experience or other additional services'' and inserting ``by
occupational and academic learning opportunities'';
(ee) in the first sentence, by striking ``basic education
or occupational skills'' and inserting ``basic education and
occupational skills''; and
(ff) in the second sentence, by striking ``, including the
Job Corps'';
(II) by striking subparagraph (B);
(III) by redesignating subparagraph (C) as subparagraph
(B); and
(IV) in subparagraph (B) (as redesignated)--
(aa) by striking clause (i);
(bb) by redesignating clause (ii) as clause (i);
(cc) in clause (i) (as redesignated), by striking ``part''
and inserting ``title''; and
(dd) by redesignating clause (iii) as clause (ii);
(iv) in paragraph (5)--
(I) in the heading, by striking ``Counseling'' and
inserting ``Follow-up, counseling'';
(II) by striking ``part'' and inserting ``title''; and
(III) by striking ``for a period of up to 1 year'';
(v) by striking paragraph (6);
(vi) in paragraph (7), by striking ``service delivery'' and
inserting ``workforce development'' and
(vii) by redesignating paragraph (7) and paragraph (6).
(f) Selection of Service Providers.--Title II of the Job
Training Partnership Act (29 U.S.C. 1601 et seq.), as amended
by this Act, is further amended by adding after section 206
(as redesignated), the following:
``SEC. 207. SELECTION OF SERVICE PROVIDERS.
``From funds made available under section 204(b) to a local
workforce development area, the local board for such local
area shall award grants, on a competitive basis, to eligible
providers to carry out the disadvantaged youth programs
described in section 206.''.
(g) Education Linkages.--Title II of the Job Training
Partnership Act (29 U.S.C. 1601 et seq.), as amended by this
Act, is further amended--
(1) by redesignating section 265 as section 208; and
(2) in section 208 (as redesignated)--
(A) in subsection (a), by striking ``service delivery'' and
inserting ``workforce development'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``service delivery'' and inserting ``workforce development'';
and
(ii) in paragraph (6) to read as follows:
``(6) title I of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996;'';
(C) in subsection (c)--
(i) in the first sentence, by striking ``service delivery''
and inserting ``workforce development''; and
(ii) in the second sentence, by striking ``, including
programs conducted under part A''; and
(D) by striking subsection (d).
(h) Transfer of Funds.--Title II of the Job Training
Partnership Act (29 U.S.C. 1601 et seq.), as amended by this
Act, is further amended by striking section 266.
TITLE III--AMENDMENTS TO EMPLOYMENT AND TRAINING PROGRAMS FOR ADULTS
SEC. 301. ADULT EMPLOYMENT AND TRAINING OPPORTUNITIES GRANTS.
Title III of the Job Training Partnership Act (29 U.S.C.
1651 et seq.) is amended to read as follows:
``TITLE III--ADULT EMPLOYMENT AND TRAINING OPPORTUNITIES GRANTS
``SEC. 301. PURPOSE.
``The purpose of this title is to establish a high-quality,
efficient system of employment, job training, and related
assistance that--
``(1) provides individuals with choice in the selection of
employment and training options that will facilitate the
transition of such individuals into productive, high skills,
private sector jobs;
``(2) provides quality training of such individuals for the
21st century; and
``(3) drives resources and authority to States and local
communities for the design of job training programs.
``PART A--ADULT EMPLOYMENT AND TRAINING OPPORTUNITIES GRANTS
``SEC. 311. AUTHORIZATION.
``(a) In General.--In the case of each State that in
accordance with the requirements of sections 101 and 102
submits to the Secretary of Labor (hereinafter in this title
referred to as the `Secretary') a State plan, the Secretary
shall provide funds to the State for the purpose of providing
employment, job training, and related assistance for adults
and dislocated workers in the State, in accordance with this
title.
``(b) Amount.--The funds described in subsection (a) shall
consist of the allotments determined for the State under
section 312.
``SEC. 312. ALLOTMENT AMONG STATES.
``(a) In General.--Of the amount appropriated pursuant to
section 3(a)(2) to carry out this title for a fiscal year,
the Secretary--
``(1) shall allot the total amount appropriated pursuant to
section 3(a)(2)(A) in accordance with subsection (b)(1); and
``(2)(A) shall allot 80 percent of the amount appropriated
pursuant to section 3(a)(2)(B) in accordance with the
subsection (b)(2); and
``(B) shall reserve the remainder of the amount
appropriated pursuant to section 3(a)(2)(B) for use under
part B.
``(b) Allotment Among States.--
``(1) Adult employment and training.--
``(A) Reservation for outlying areas.--
``(i) In general.--Of the amount allotted under subsection
(a)(1), the Secretary shall allot not more than one quarter
of one percent among the outlying areas.
[[Page H2827]]
``(ii) Applicability of additional requirements.--Of the
amount allotted under clause (i), the Secretary shall award
grants to Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the freely associated states in
accordance with the requirements of section 203(b)(1).
``(B) States.--
``(i) In general.--After determining the amount to be
allotted under subparagraph (A), the Secretary shall allot
the remaining amount to the States pursuant to the formula
contained in clause (ii).
``(ii) Formula.--Subject to the provisions of clause (iii),
of the amounts allotted to States for adult employment and
training under this title for each fiscal year--
``(I) 33\1/3\ percent shall be allotted on the basis of the
relative number of unemployed individuals residing in areas
of substantial unemployment within each State as compared to
the total number of such unemployed individuals in all such
areas of substantial unemployment in all States;
``(II) 33\1/3\ percent shall be allotted on the basis on
the relative excess number of unemployed individuals within
each State as compared to the total excess number of
unemployed individuals in all States; and
``(III) 33\1/3\ percent shall be allotted on the basis of
the relative number of economically disadvantaged adults
within each State as compared to the total number of
economically disadvantaged adults in all States.
``(iii) Minimum allotment.--
``(I) Minimum percentage.--No State shall be allotted less
than 90 percent of its allotment percentage for the fiscal
year preceding the fiscal year for which the determination is
made.
``(II) Maximum percentage.--No State shall be allotted more
than 130 percent of its allotment percentage for the fiscal
year preceding the fiscal year for which the determination is
made.
``(iv) Small state minimum allotment.--No State shall
receive less than one-quarter of one percent of the
amount available under this subparagraph for a fiscal
year. Amounts necessary for increasing such payments to
States to comply with the preceding sentence shall be
obtained by ratably reducing the amounts to be paid to
other States.
``(2) Dislocated workers.--
``(A) Reservation for outlying areas.--
``(i) In general.--Of the amount allotted under subsection
(a)(2)(A), the Secretary shall allot not more than one
quarter of one percent among the outlying areas.
``(ii) Applicability of additional requirements.--Of the
amount allotted under clause (i), the Secretary shall award
grants to Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the freely associated states in
accordance with the requirements of section 203(b)(1).
``(B) States.--
``(i) In general.--After determining the amount to be
allotted under subparagraph (A), the Secretary shall allot
the remaining amount to the States pursuant to the formula
contained in clause (ii).
``(ii) Formula.--Subject to the provisions of clause (iii),
of the amounts allotted to States for dislocated worker
employment and training under this title for each fiscal
year--
``(I) 33\1/3\ percent shall be allotted among the States on
the basis of the relative number of unemployed individuals
who reside in each State as compared to the total number of
unemployed individuals in all the States;
``(II) 33\1/3\ percent shall be allotted among the States
on the basis of the relative excess number of unemployed
individuals who reside in each State as compared to the total
excess number of unemployed individuals in all the States
(for purposes of this subclause, the term `excess number'
means the number which represents unemployed individuals in
excess of 4.5 percent of the civilian labor force in the
State); and
``(III) 33\1/3\ percent shall be allotted among the States
on the basis of the relative number of individuals who have
been unemployed for 15 weeks or more and who reside in each
State as compared to the total number of such individuals in
all the States.
``(iii) Minimum allotment.--
``(I) Minimum percentage.--No State shall be allotted less
than 90 percent of its allotment percentage for the fiscal
year preceding the fiscal year for which the determination is
made.
``(II) Maximum percentage.--No State shall be allotted more
than 130 percent of its allotment percentage for the fiscal
year preceding the fiscal year for which the determination is
made.
``(iv) Small state minimum allotment.--No State shall
receive less than one-quarter of one percent of the
amount available under this subparagraph for a fiscal
year. Amounts necessary for increasing such payments to
States to comply with the preceding sentence shall be
obtained by ratably reducing the amounts to be paid to
other States.
``SEC. 313. ALLOCATION WITHIN STATES.
``(a) Reservations for State Activities.--
``(1) Adult employment and training.--
``(A) In general.--The Governor of the State shall reserve
not more than 15 percent of the total amount allotted to the
State under section 312(b)(1) for a fiscal year for statewide
activities for employment, job training, and related
assistance for adults.
``(B) Allowable activities.--Such activities may include--
``(i) subject to subparagraph (C), administration by the
State of programs under this title;
``(ii) capacity building and technical assistance to local
workforce development areas, full service employment and
training delivery systems, and service providers including
the development and training of staff and the development of
exemplary program activities;
``(iii) incentives for program coordination and
integration, performance awards, and research and
demonstrations;
``(iv) implementation of innovative incumbent worker
training programs, which may include the establishment and
implementation of an employer loan program to assist in
skills upgrading, and the establishment and implementation of
programs targeted to empowerment zones;
``(v) implementation of experimentation, model activities,
pilot projects, demonstration projects, and the provision of
employment and training services which further the goals and
purposes of this Act;
``(vi) additional assistance for the development and
implementation of the full service employment and training
delivery system established in accordance with section 123;
``(vii) support for a common management information system
across employment, training, literacy, and human resource
programs as identified in section 103;
``(viii) support for the identification of eligible
training providers as required under section 124; and
``(ix) implementation of innovative programs for displaced
homemakers and programs to increase the number of individuals
training and placed in nontraditional employment.
``(C) Limitation.--Of the amount reserved by the Governor
under subparagraph (A) not more than 5 percent of the total
amount allotted to the State under section 312(b)(1) for a
fiscal year may be used for administration by the State of
programs under this part.
``(2) Dislocated workers employment and training.--
``(A) In general.--The Governor of the State shall reserve
not more than 30 percent of the total amount allotted to the
State under section 312(b)(2) for a fiscal year for statewide
activities for employment, job training, and related
assistance for dislocated workers.
``(B) Required activities.--Such activities shall include--
``(i) rapid response activities carried out by a designated
State dislocated worker unit, working in conjunction with the
local workforce development board and the chief elected
official in an affected local workforce development area; and
``(ii) additional assistance to areas that experience
disasters, mass layoffs or plant closings, or other events
that precipitate substantial increases in the number of
unemployed workers, working in conjunction with the local
workforce development board and the chief elected official in
affected local workforce development areas.
``(C) Discretionary activities.--Such activities may
include those activities described in paragraph (1)(B).
``(B) Limitation.--Of the amount reserved by the Governor
under subparagraph (A) not more than 10 percent of the total
amount allotted to the State under section 312(b)(2) for a
fiscal year may be used for activities described in paragraph
(1)(B) and of that amount not more than 5 percent of the
total amount allotted to the State under section 312(b)92)
for a fiscal year may be used for administration by the State
of programs under this part.
``(b) Within State Allocation.--
``(1) Allocation.--
``(A) In general.--The Governor of the State shall allocate
the remainder of the amounts allotted to the State under
section 312 to workforce development areas designated under
section 121 for the purpose of providing a single system of
employment and training services for adults and dislocated
workers in accordance with section 314.
``(B) Additional requirements.--(i) Funds allocated under
paragraph (2)(B), shall be used by a local workforce
development area to contribute proportionately to the costs
of the local full service employment and training delivery
system, and to pay for services provided to adults, in the
local area, consistent with section 314.
``(ii) Funds allocated under paragraph (2)(C), shall be
used by a local workforce development area to contribute
proportionately to the costs of the local full service
employment and training delivery system, and to pay for
services provided to dislocated workers, in the local area,
consistent with section 314.
``(2) Methods.--
``(A) In general.--The Governor, through the collaborative
process under section 102, and other consultation with local
chief elected officials in the local workforce development
areas, shall allocate the remainder of funds described in
subsection (a)(1)(A) for adult employment and training in
accordance with subparagraph (B), and the funds described in
subsection (a)(2)(A) for dislocated workers in accordance
with subparagraph (C).
``(B) Adult employment and training allocations.--
``(i) Adult Employment and training formula allocations.--
Each State shall allocate not less than 70 percent of the
remainder of funds described in subsection (a)(1)(A) to
workforce development areas within the State pursuant to the
formula contained in clause (ii) for the provision of adult
employment and training services in accordance with
section 314.
[[Page H2828]]
``(ii) Formula.--Of the amounts described in clause (i)--
``(I) 33\1/3\ percent shall be allocated on the basis of
the relative number of unemployment individuals residing in
areas of substantial unemployment in each workforce
development area as compared to total number of such
unemployed individuals in all such areas of substantial
unemployment in the State;
``(II) 33\1/3\ percent shall be allocated on the basis of
the relative excess number of unemployed individuals who
resident in each workforce development area as compared to
the total excess number of unemployed individuals in all
workforce development areas in the State; and
``(III) 33\1/3\ percent shall be allocated on the basis of
the relative number of economically disadvantaged adults in
each workforce development area as compared to the total
number of disadvantaged adults in all workforce development
areas in the State.
``(iii) Adult employment and training discretionary
allocation.--The State, through the collaborative process, is
authorized to allocate not more than 30 percent of the
remainder of funds described in subsection (a)(1)(A) to
workforce development areas for the provision of adult
employment and training services in accordance with section
314. Such funds shall be allocated to urban, rural, and
suburban areas throughout the State and shall be allocated
promptly in accordance with section 162(e).
``(C) Dislocated worker employment and training
allocations.--
``(i) Dislocated worker employment and training formula
allocations.--Each State shall allocate not less than 70
percent of the remainder of funds described in subsection
(a)(2)(A) to workforce development areas within the State
pursuant to the formula contained in clause (ii) for the
provision of employment and training services to dislocated
workers in accordance with section 314.
``(ii) Formula.--Of the amounts described in clause (i)--
``(I) 33\1/3\ percent shall be allocated on the basis of
the relative number of unemployed individuals residing in
areas of substantial unemployment in each workforce
development area as compared to the total number of such
unemployed individuals in all such areas of substantial
unemployment in the State;
``(II) 33\1/3\ percent shall be allocated on the basis of
the relative excess number of unemployed individuals who
resident in each workforce development area as compared to
the total excess number of unemployed individuals in all
workforce development areas in the State; and
``(III) 33\1/3\ percent shall be allocated on the basis of
the relative number of individuals who have been unemployed
for 15 weeks or more within each workforce development
area of the State as compared to the total number of such
individuals in all workforce development areas in the
State.
``(iii) Dislocated worker employment and training
discretionary allocation.--The State, through the
collaborative process, is authorized to allocate not more
than 30 percent of the remainder of funds described in
subsection (a)(2)(A) to workforce development areas for the
provision employment and training services to dislocated
workers in accordance with section 314. Such funds shall be
allocated to urban, rural, and suburban areas throughout the
State and shall be allocated promptly in accordance with
section 162(e).
``(3) Transfer authority.--A local workforce development
area is authorized to transfer up to 20 percent of the funds
received under this subsection between adult employment and
training and dislocated worker allocations if such transfer
is approved by the Governor.
``SEC. 314. USE OF AMOUNTS.
``(a) Core Services.--Amounts allocated for adults under
section 313(b)(2)(B) and for dislocated workers under section
313(b)(2)(C) shall be used to provide core services described
in section 123(d) to adults and dislocated workers,
respectively, through a full service employment and training
delivery system in accordance with such section.
``(b) Intensive Services.--
``(1) In general.--Amounts allocated for adults under
section 313(b)(2)(B) and for dislocated workers under section
313(b)(2)(C) shall be used to provide intensive services to
adults and dislocated workers, respectively--
``(A)(i) who are unable to obtain employment through core
services under subsection (a); and
``(ii) who have been determined to be in need of more
intensive services in order to gain employment; or
``(B)(i) who are employed but are economically
disadvantaged despite such employment; and
``(ii) who are determined to be in need of such intensive
services in order to gain employment that allows for self-
sufficiency.
``(2) Delivery of services.--Such intensive services shall
be provided--
``(A) directly through full service eligible providers
identified pursuant to section 123(c); or
``(B) through contracts through full service employment and
training delivery systems with service providers approved by
the local workforce development board, which may include
private, for-profit providers.
``(3) Types of services.--Such intensive services may
include the following:
``(A) Comprehensive and specialized assessments of the
skill levels and service needs of adults, which may include--
``(i) diagnostic testing and other assessment tools; and
``(ii) in-depth interviewing and evaluation to identify
employment barriers and appropriate employment goals.
``(B) Development of an individual employment plan, to
identify the employment goals, appropriate achievement
objectives, and the appropriate combination of services for
the participant to achieve the employment goal.
``(C) Group counseling.
``(D) Individual counseling and career planning.
``(E) Case management for participants receiving training
services under subsection (c).
``(F) Follow-up services for participants placed in
training or employment, for up to 1 year, to assist in
retention or advancement in employment.
``(c) Training Services.--
``(1) In general.--Amounts allocated for adults under
section 313(b)(2)(B) and for dislocated workers under section
313(b)(2)(C) shall be used to provide training services to
adults and dislocated workers, respectively--
``(A) who are unable to obtain employment through core
services under subsection (a);
``(B) who are in need of training services in order to gain
employment as a result of determinations made through--
``(i) initial assessments under subsection (a); or
``(ii) comprehensive and specialized assessments under
subsection (b)(3)(A); or
``(C)(i) who are employed but are economically
disadvantaged despite such employment; and
``(ii) who are determined to be in need of such training
services in order to gain employment that allows for self-
sufficiency.
``(2) Participant qualification.--
``(A) Requirements.--Except as provided in subparagraph
(B), provision of such training services shall be limited to
participants who--
``(i) are unable to obtain other grant assistance for such
services, including Federal Pell Grants established under
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.); or
``(ii) require assistance beyond the assistance made
available under other grant assistance programs, including
Federal Pell Grants.
``(B) Reimbursements.--Training services may be provided
under this subsection to an individual who otherwise meets
the requirements of this subsection while an application for
a Federal Pell Grant or other grant assistance is pending,
except that if such individual is subsequently awarded a
Federal Pell Grant or other grant assistance, appropriate
reimbursement shall be made to the local workforce
development area from such Federal Pell Grant or other
grant assistance.
``(3) Provider qualification.--Such training services shall
be provided through training providers identified under in
accordance with section 124.
``(4) Types of services.--Such training services may
include the following:
``(A) Basic skills training, including remedial education,
literacy training, and English literacy program instruction.
``(B) Occupational skills training, including training for
nontraditional employment.
``(C) On-the-job training.
``(D) Programs that combine workplace training with related
instruction, which may include cooperative education
programs.
``(E) Training programs operated by the private sector.
``(F) Skill upgrading and retraining.
``(G) Entrepreneurial training.
``(H) Employability training to enhance basic workplace
competencies.
``(I) Customized training conducted with a commitment by an
employer or group of employers to employ an individual upon
successful completion of the training.
``(5) Individual choice requirements.--
``(A) In general.--All training services under this section
shall be provided through service delivery methods that, to
the extent practicable, maximize consumer choice in the
selection of eligible providers of training services.
``(B) Information on eligible providers.--Each local
workforce development board, through the full service
employment and training delivery system, shall make
available--
``(i) the list of eligible providers of training services
required under section 124, with a description of the
training courses available from such providers and a list of
the names of on-the-job training providers; and
``(ii) the performance information described in section 124
relating to such providers.
``(C) Purchase of services.--An individual eligible for
training services under this section may select an eligible
provider of training services from the list of providers
described in subparagraph (B)(i). Upon such selection, the
full service eligible provider shall, to the extent
practicable, refer such individual to the selected eligible
provider of training services and arrange for payment for
such services.
``(6) Additional requirements.--
``(A) Use of skill grants.--
``(i) In general.--Except as provided in clause (ii) and
clause (iii), training services under this section shall be
provided through the use of skill grants in accordance with
this subsection, and shall be distributed to eligible
individuals through full service eligible providers or
affiliated sites as described in section 123.
[[Page H2829]]
``(ii) Exceptions.--Training services authorized under this
title may be provided pursuant to a contract for services in
lieu of a skill grant if the requirements of paragraph (5)
are met and if--
``(I) such services are on-the-job training provided by an
employer;
``(II) the local workforce development board determines
there are an insufficient number of qualified providers of
training services in the workforce development area to
accomplish the purposes of a skill grant system;
``(III) the local workforce development board determines
that the qualified providers of training services in the
workforce development area are unable to provide effective
services to special participant populations; or
``(IV) the local workforce development board decides to
enter into a direct training contract with a community based
organization.
``(iii) Transition.--Each State shall, not later than three
years after the date of the enactment of the Employment,
Training, and Literacy Enhancement Act of 1997, fully
implement the requirements of clause (i). Nothing in this Act
shall prohibit a State from beginning such implementation at
an earlier date.
``(B) Linkage to occupations in demand.--Training services
under this subsection shall be directly linked to occupations
for which there is a demand in the local workforce
development area, or in another area to which an adult
receiving such services is willing to relocate, except that a
local workforce development board may approve training in
occupations determined by the local board to be in sectors of
the economy which have a high potential for sustained demand
or growth in the local workforce development area.
``(d) Additional Uses of Amounts.--
``(1) Supportive services.--Amounts allocated for adults
under section 313(b)(2)(B) and for dislocated workers under
section 313(b)(2)(C) may be used to provide supportive
services for adults and dislocated workers, respectively--
``(A) who are receiving assistance under any of subsection
(a) through (c); and
``(B) who are unable to receive such services through other
programs providing such services.
``(2) Needs-related payments.--
``(A) In general.--Amounts allocated under section 313(b)
may be used to provide needs-related payments to adults and
dislocated workers who are unemployed and do not qualify for
(or have ceased to qualify for) unemployment compensation for
the purpose of enabling such individuals to participate in
training programs under subsection (c).
``(B) Additional eligibility requirements.--In addition to
the requirements contained in subparagraph (A), a dislocated
worker who has exhausted unemployment insurance benefits may
be eligible to receive needs-related payments under this
paragraph only if such worker was enrolled in training by the
end of the 13th week of the worker's most recent lay-off, or,
if later, by the end of the 8th week after the worker is
informed that a short-term layoff will in fact exceed 6
months.
``(e) Priority.--From funds allocated to local workforce
development areas for adult employment and training under
section 313(b)(1)(B)(i), priority shall be given to
welfare recipients and other economically disadvantaged
individuals with multiple barriers to employment for
receipt of intensive services and training services
provided under subsections (b) and (c) of section 314,
respectively.
``part b--national programs
``SEC. 321. NATIONAL EMERGENCY GRANTS.
``(a) In General.--From the amount reserved under section
312(a)(2), the Secretary of Labor is authorized to award
national emergency grants in a timely manner--
``(1) to an entity described in subsection (b) to provide
employment and training assistance to workers affected by
major economic dislocations, such as plant closures, mass
layoffs, or closures and realignments of military
installations; and
``(2) to provide assistance to the Governor of any State
within the boundaries of which is an area that has suffered
an emergency or a major disaster as defined in paragraphs (1)
and (2), respectively, of section 102 of The Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122 (1) and (2)) (referred to in this section as the
`disaster area').
``(b) Employment and Training Assistance Requirements.--
``(1) Application.--To be eligible to receive a grant under
subsection (a)(1), an entity shall submit an application to
the Secretary of Labor at such time, in such manner, and
accompanied by such information, as the Secretary may
reasonably require.
``(2) Eligible entity.--For purposes of this section, the
term `entity' means a State, local workforce development
board, employer or employer association, worker-management
transition assistance committee or other employer-employee
entity, representative of employees, community development
corporation or community-based organization, or an industry
consortia.
``(c) Disaster Relief Employment Assistance Requirements.--
``(1) In general.--Funds made available under subsection
(a)(2)--
``(A) shall be used exclusively to provide employment on
projects that provide food, clothing, shelter, and other
humanitarian assistance for disaster victims, and projects
regarding demolition, cleaning, repair, renovation, and
reconstruction of damaged and destroyed structures,
facilities, and lands located within the disaster area; and
``(B) may be expended through public private agencies and
organizations engaged in such projects.
``(2) Eligibility.--An individual shall be eligible to be
offered disaster relief employment under this section if such
individual is a dislocated worker or is temporarily or
permanently laid off as a consequence of the disaster.
``(3) Limitations on disaster relief employment.--No
individual shall be employed under this part for more than 6
months for work related to recovery from a single natural
disaster.''.
TITLE IV--AMENDMENTS TO FEDERALLY ADMINISTERED PROGRAMS
SUBTITLE A--EMPLOYMENT AND TRAINING PROGRAMS FOR NATIVE
AMERICANS AND MIGRANT AND SEASONAL FARMWORKERS
SEC. 401. NATIVE AMERICAN PROGRAM.
Section 401 of the Job Training Partnership Act (29 U.S.C.
1671) is amended to read as follows:
``SEC. 401. NATIVE AMERICAN PROGRAMS.
``(a) Purpose.--
``(1) In general.--The purpose of this section is to
support employment and training activities for Indian, Alaska
Native, 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, Alaska Native, 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 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) Native hawaiian and native hawaiian organization.--
The terms `Native Hawaiian' and `Native Hawaiian
organization' have the meanings given such terms in
paragraphs (1) and (3), respectively, of section 9212 of the
Native Hawaiian Education Act (20 U.S.C. 7912).
``(c) Program Authorized.--The Secretary of Labor shall
make grants to, or enter into contracts or cooperative
agreements with, Indian tribes, tribal organizations, Alaska
Native entities, Indian-controlled organizations serving
Indians, or Native Hawaiian organizations to carry out the
authorized activities described in subsection (d).
``(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 or Native
Hawaiians preparing to enter, re-enter, or retain
unsubsidized employment.
``(2) Employment and training activities and supplemental
services.--
``(A) In general.--Funds made available under this section
shall be used for--
``(i) comprehensive workforce and career development
activities for Indians or Native Hawaiians; or
``(ii) supplemental services for Indian or Native Hawaiian
youth on or near Indian reservations and in Oklahoma, Alaska,
or Hawaii.
``(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).
``(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) shall submit to the
Secretary of Labor a plan that describes a 2-year strategy
for meeting the needs of Indian or Native Hawaiian
individuals, as appropriate, in the area served by such
entity. Such plan--
``(1) shall be consistent with the purposes of this
section;
``(2) shall identify the population to be served;
``(3) shall 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) shall describe the services to be provided and the
manner in which such services are to be integrated with other
appropriate services; and
``(5) shall describe the goals and benchmarks to be used to
assess the performance
[[Page H2830]]
of entities in carrying out the activities assisted under
this section.
``(f) 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) to participate in any activity 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) and any State or local
entity, to facilitate the provision of services by such
entity or to the population served by such entity.
``(h) Administrative Provisions.--
``(1) Organizational unit established.--The Secretary of
Labor shall designate a single organizational unit that shall
have as its primary responsibility the administration of the
activities authorized under this section.
``(2) Regulations.--The Secretary of Labor shall consult
with the entities described in subsection (c)(1) in
establishing regulations to carry out this section, including
performance measures for entities receiving assistance under
such subsection, taking into account the economic
circumstances of such groups, and in developing a funding
distribution plan that takes into consideration previous
levels of funding.
``(3) Technical assistance.--The Secretary of Labor,
through the unit established under paragraph (1), are
authorized to provide technical assistance to entities
described in subsection (c) that receive assistance under
this section to enable such entities to improve the workforce
and career development activities provided by such
entities.''.
SEC. 402. MIGRANT AND SEASONAL FARMWORKER PROGRAM.
Section 402 of the Job Training Partnership Act (29 U.S.C.
1672) is amended to read as follows:
``SEC. 402. MIGRANT AND SEASONAL FARMWORKERS PROGRAM.
``(a) In General.--The Secretary of Labor shall make grants
to, or enter into contracts with, eligible entities to carry
out the activities described in subsection (d).
``(b) Eligible Entities.--To be eligible to receive a grant
or enter into a contract under this section, an entity shall
have an understanding of the problems of migrant farmworkers
and seasonal farmworkers, a familiarity with the area to be
served, and the ability to demonstrate a capacity to
administer effectively a diversified program of workforce and
career development activities for migrant farmworkers and
seasonal farmworkers.
``(c) Program Plan.--
``(1) In general.--To be eligible to receive a grant or
enter into a contract under this section, an entity described
in subsection (b) shall submit to the Secretary of Labor a
plan that describes a 2-year strategy for meeting the needs
of migrant farmworkers and seasonal farmworkers and their
dependents in the area to be served by such entity.
``(2) Contents.--Such plan shall--
``(A) 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 eligible
farmworkers and dependents to obtain or be retained in
unsubsidized employment or stabilize their unsubsidized
employment;
``(B) describe the related assistance and supportive
services to be provided and the manner in which such services
are to be integrated and coordinated with other appropriate
services; and
``(C) describe the goals and benchmarks to be used to
assess the performance of such entity in carrying out the
activities assisted under this section.
``(d) Authorized Activities.--Funds made available under
this section shall be used to carry out comprehensive
workforce and career development activities and related
services for migrant farmworkers and seasonal farmworkers
which may include employment, training, educational
assistance, literacy assistance, an English literacy program,
worker safety training, housing, supportive services, and the
continuation of the case management database on participating
migrant farmworkers and seasonal farmworkers.
``(e) Consultation With Governors and Local Boards.--In
making grants and entering into contracts under this section,
the Secretary of Labor shall consult with the Governors and
local boards of the States in which the eligible entities
will carry out the activities described in subsection (d).
``(f) Regulations.--The Secretaries shall consult with
migrant and seasonal farmworker groups and States in
establishing regulations to carry out this section, including
performance measures for eligible entities which take into
account the economic circumstances of migrant farmworkers and
seasonal farmworkers.
``(g) Definitions.--As used in this section:
``(1) Migrant farmworker.--The term `migrant farmworker'
means a seasonal farmworker whose farm work requires travel
such that the worker is unable to return to a permanent place
of residence within the same day.
``(2) Seasonal farmworker.--The term `seasonal farmworker'
means a person who during the eligibility determination
period (12 consecutive months out of 24 months prior to
application)--
``(A) has been primarily employed in farm work that is
characterized by chronic unemployment or under employment;
and
``(B) is economically disadvantaged at the time of
application.''.
Subtitle B--Job Corps
SEC. 411. STATEMENT OF PURPOSE.
Section 421 of the Job Training Partnership Act (29 U.S.C.
1691) is amended in the first sentence by inserting after ``a
distinct national program'' the following: ``carried out in
collaboration with States and localities''.
SEC. 412. INDIVIDUALS ELIGIBLE FOR THE JOB CORPS.
Section 423 of the Job Training Partnership Act (29 U.S.C.
1693) is amended--
(1) in paragraph (1), by striking ``14'' and inserting
``16'';
(2) in paragraph (2), by striking ``, and who requires''
and all that follows and inserting a semicolon;
(3) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(4) by inserting after paragraph (2) the following:
``(3) is an individual who--
``(A) is deficient in basic skills;
``(B) is a school dropout;
``(C) is homeless or a runaway;
``(D) is a single parent; or
``(E) requires additional education, training, or intensive
counseling and related assistance in order to secure and hold
meaningful employment, participate successfully in regular
school work, qualify for other suitable training programs, or
satisfy Armed Forces requirements;''.
SEC. 413. SCREENING AND SELECTION OF APPLICANTS; GENERAL
PROVISIONS.
Section 424(a) of the Job Training Partnership Act (29
U.S.C. 1694(a)) is amended--
(1) in the first sentence, by adding at the end before the
period the following: ``after considering input from State,
local, and community groups and other interested parties'';
(2) in the second sentence--
(A) by inserting after ``public employment offices,'' the
following: ``full service eligible providers,''; and
(B) by striking ``and agencies'' and inserting ``and
entities''; and
(3) in the third sentence, by inserting after ``The rules
shall'' the following: ``require Job Corps applicants to pass
background checks, conducted in accordance with procedures
established by the Secretary, and''.
SEC. 414. JOB CORPS CENTERS.
Section 427 of the Job Training Partnership Act (29 U.S.C.
1697) is amended--
(1) in subsection (a)(1), by adding at the end the
following: ``In selecting any entity to serve as an operator
or to provide services for a Job Corps center, the Secretary
shall take into consideration the previous performance of the
entity, if any, relating to operating or providing services
for a Job Corps center.'';
(2) in subsection (c) to read as follows:
``(c) The Secretary may select an entity to operate a
Civilian Conservation Center on a competitive basis if such a
center fails to meet performance criteria established by the
Secretary.''; and
(3) by adding at the end the following:
``(d) Notwithstanding any other provision of law, any
proceeds from the sale of Job Corps center facilities shall
be retained by the Secretary to carry out the Job Corps
program.
``(e) Prior to the closure of any Job Corps center, the
Secretary shall ensure that--
``(1) the proposed decision to close the center is
announced in advance to the general public through
publication in the Federal Register or other appropriate
means;
``(2) the establishment of a reasonable comment period, not
to exceed 30 days, for interested individuals to submit
written comments to the Secretary;
``(3) the Members of Congress who represent districts
affected by the proposed decision to close the center are
notified within a reasonable period of time in advance of any
final decision to close the center; and
``(4) the geographic location of alternative Job Corps
centers is among the factors taken into account in the
decision to close the center.''.
SEC. 415. STANDARDS OF CONDUCT.
Section 430(a) of the Job Training Partnership Act (29
U.S.C. 1700(a)) is amended--
(1) in the first sentence, by adding at the end before the
period the following: ``, including a policy of zero
tolerance for violence and illegal drugs under which
enrollees will receive mandatory terminations for specific
actions in accordance with regulations issued by the
Secretary'';
(2) by inserting after the first sentence the following:
``As part of the zero tolerance policy, drug testing of all
students shall be required in accordance with procedures
established by the Secretary.''; and
(3) in the third sentence, by inserting after ``If
violations'' the following: ``of center standards other than
those covered by the zero tolerance policy''.
SEC. 416. COUNSELING AND JOB PLACEMENT.
Section 432(b) of the Job Training Partnership Act (29
U.S.C. 1702(b)) is amended in the first sentence by inserting
after ``determine their capabilities and'' the following: ``,
based on these capabilities,''.
SEC. 417. EXPERIMENTAL AND DEVELOPMENTAL PROJECTS AND
COORDINATION WITH OTHER PROGRAMS.
Section 433(c)(1) of the Job Training Partnership Act (29
U.S.C. 1703(c)(1)) is amended
[[Page H2831]]
in the first sentence by striking ``disseminate information''
and inserting ``disseminate to Federal, State, and local
workforce development programs information and best
practices''.
Subtitle C--National Activities
SEC. 421. RESEARCH, DEMONSTRATION, EVALUATION, AND CAPACITY
BUILDING.
Part D of the Job Training Partnership Act (29 U.S.C. 1731
et seq.) is amended by striking sections 451 through 454 and
inserting the following:
``SEC. 451. RESEARCH, DEMONSTRATION, EVALUATION, AND CAPACITY
BUILDING.
``(a) In General.--The Secretary is authorized to establish
and carry out research, demonstration, evaluation, and
capacity building activities described in subsections (b)
through (f).
``(b) National Partnership and Special Training.--The
Secretary may award special grants to eligible entities to
carry out programs that are most appropriately administered
at the national level. Such activities may include--
``(1) partnership programs with national organizations with
special expertise in developing, organizing, and
administering employment and training services at the
national, State, and local levels, such as industry and labor
associations, public interest groups, community-based
organizations representative of groups that encounter special
difficulties in the labor market, and other organizations
with special knowledge or capabilities in education and
training; and
``(2) activities that--
``(A) address industry-wide skill shortages;
``(B) meet training needs that are best addressed on a
multi-state basis;
``(C) further the goals of increasing the competitiveness
of the United States labor force;
``(D) require technical expertise available at the national
level to serve the needs of particular client groups that
encounter significant barriers to employment and who the
Secretary determines require special assistance; or
``(E) promote and experiment with model activities, pilot
projects, and demonstration projects which further the goals
and purposes of this Act.
``(c) Research.--The Secretary is authorized to conduct
continuing research, which may include studies and other
methods and techniques, that will aid in the solution of the
employment and training problems of the United States. Such
studies may include the extent to which individuals who
participate in programs established under this title achieve
self-sufficiency as a result of such participation, including
the identification by States and localities, to the extent
practicable, of indicators measuring such self-sufficiency.
``(d) Pilot and Demonstration Programs.--
``(1) In general.--The Secretary is authorized to conduct
pilot and demonstration programs for the purpose of
developing and improving techniques and demonstrating the
effectiveness of specialized methods in addressing employment
and training needs which may include--
``(A) the establishment of advanced manufacturing
technology skill centers developed through local partnerships
of industry, labor, education, community-based organizations,
and economic development organizations to meet unmet, high-
tech skill needs of local communities;
``(B) projects that provide training to upgrade the skills
of employed workers who reside and are employed in enterprise
zones or empowerment communities;
``(C) programs conducted jointly with the Department of
Defense to develop training programs utilizing computer-based
and other innovative learning technologies;
``(D) projects that promote the use of distance learning,
enabling students to take courses through the use of media
technology such as videos, teleconferencing computers, and
the Internet;
``(E) projects that assist in providing comprehensive
services to increase the employment rates of out-of-school
youth residing in targeted high poverty areas within
empowerment zones and enterprise communities;
``(F) the establishment of partnerships with national
organizations with special expertise in developing,
organizing, and administering employment and training
services for persons with disabilities at the national,
State, and local levels;
``(G) projects to assist public housing authorities that
provide to public housing residents job training programs
that demonstrate successful job skills upgrading and
employment; and
``(H) projects that assist local workforce development
areas to develop and implement local self-sufficiency
standards to evaluate the degree to which program
participants are achieving self-sufficiency.
``(2) Grants and contracts.--The Secretary may award grants
and enter into contracts with entities to carry out this
subsection.
``(3) Evaluation and effectiveness.--Demonstration programs
assisted under this subsection shall include a formal,
rigorous evaluation component. Pilot programs assisted under
this subsection shall include an appropriate evaluation
component.
``(4) Special rule.--A demonstration program under this
subsection may not be assisted under this subsection for a
period of more than 7 years. A pilot program under this
subsection may not be assisted under this subsection for a
period of more than 3 years.
``(e) Evaluation.--
``(1) Activities.--
``(A) Job training.--The Secretary shall provide for the
continuing evaluation of programs conducted under this Act.
``(B) Other programs.--The Secretary may conduct
evaluations of federally-funded employment-related activities
under other provisions of law.
``(2) Techniques.--
``(A) Methods.--Evaluations conducted under paragraph (1)
shall utilize sound statistical methods and techniques for
the behavioral and social sciences, including the use of
control groups chosen by scientific random assignment
methodologies when feasible.
``(B) Effectiveness.--The Secretary shall evaluate the
effectiveness of programs authorized under this Act with
respect to--
``(i) the statutory goals; and
``(ii) the cost effectiveness and return-on-investment of
such programs based on the extent to which the programs--
``(I) enhance the employment and earnings of participants;
``(II) reduce income support costs (including the receipt
of welfare assistance);
``(III) improve the employment competencies of participants
in comparison to comparable persons who did not participate
in such programs; and
``(IV) to the extent feasible, increase the level of total
employment over the level that would have existed in the
absence of such programs.
``(f) Technical Assistance, Dissemination, and Replication
Activities.--The Secretary shall provide, coordinate, and
support the development of, appropriate training, technical
assistance, staff development, and other activities,
including assistance in replicating programs of demonstrated
effectiveness, to States and localities.
``SEC. 452. INCENTIVE GRANTS.
``From amounts authorized to be appropriated pursuant to
section 3(a)(3) to carry out this part for a fiscal year, the
Secretary is authorized to award incentive grants to States
consistent with the requirements of section 156(a).''.
SEC. 422. NONTRADITIONAL EMPLOYMENT DEMONSTRATION PROGRAM.
Section 456 of the Job Training Partnership Act (29 U.S.C.
1737) is hereby repealed.
Subtitle D--Repealers
SEC. 451. REPEALERS.
Parts F, G, H, I, and J of title IV of the Job Training
Partnership Act (29 U.S.C. 1771 et seq.) are hereby repealed.
TITLE V--AMENDMENTS TO ADULT EDUCATION PROGRAMS
SEC. 501. REPEAL OF JOBS FOR EMPLOYABLE DEPENDENT INDIVIDUALS
INCENTIVE BONUS PROGRAM.
Title V of the Job Training Partnership Act (29 U.S.C. 1791
et seq.) is repealed.
SEC. 502. AMENDMENT TO ADULT EDUCATION ACT.
The Adult Education Act (20 U.S.C. 1201 et seq.) is amended
to read as follows:
``TITLE III--ADULT EDUCATION AND FAMILY LITERACY PROGRAMS
``SEC. 301. SHORT TITLE.
``This title may be cited as the `Adult Education and
Family Literacy Act'.
``SEC. 302. STATEMENT OF PURPOSE.
``It is the purpose of this title to assist States and
outlying areas to provide--
``(1) to adults, the basic educational skills necessary for
employment and self-sufficiency; and
``(2) to adults who are parents, the educational skills
necessary to be full partners in the educational development
of their children.
``SEC. 303. DEFINITION.
``For purposes of this title:
``(1) Adult education.--The term `adult education' means
services or instruction below the postsecondary level for
individuals--
``(A) who have attained 16 years of age;
``(B) who are not enrolled or required to be enrolled in
secondary school under State law; and
``(C) who--
``(i) lack sufficient mastery of basic educational skills
to enable the individuals to function effectively in society;
``(ii) do not have a certificate of graduation from a
school providing secondary education and who have not
achieved an equivalent level of education; or
``(iii) are unable to speak, read, or write the English
language.
``(2) Adult education and literacy activities.--The term
`adult education and literacy activities' has the meaning
given such term in section 4 of the Employment, Training, and
Literacy Enhancement Act.
``(3) Community-based organization.--The term `community-
based organization' has the meaning given such term in
section 4 of the Employment, Training, and Literacy
Enhancement Act.
``(4) Direct and equitable access.--The term `direct and
equitable access', when used with respect to the requirement
in section 313(c)(2), means that--
``(A) all eligible providers are given the same opportunity
to apply for and receive funds under part A; and
``(B) the same announcement and application process is used
for all eligible providers.
``(5) Eligible agency.--The term `eligible agency' means--
[[Page H2832]]
``(A) the individual, entity, or agency in a State or an
outlying area responsible for administering or setting
policies for adult education and literacy services in such
State or outlying area pursuant to the law of the State or
outlying area; or
``(B) if no individual, entity, or agency is responsible
for administering or setting such policies pursuant to the
law of the State or outlying area, the individual, entity, or
agency in a State or outlying area responsible for
administering or setting policies for adult education and
literacy services in such State or outlying area on the date
of the enactment of the Employment, Training, and Literacy
Enhancement Act of 1997.
``(6) Eligible provider.--The term `eligible provider',
used with respect to adult education and literacy activities
described in section 314(b), means a provider determined to
be eligible for assistance in accordance with section 313.
``(7) English literacy program.--The term `English literacy
program' has the meaning given such term in section 4 of the
Employment, Training, and Literacy Enhancement Act.
``(8) Family literacy services.--The term `family literacy
services' has the meaning given such term in section 4 of the
Employment, Training, and Literacy Enhancement Act.
``(9) Individual of limited english proficiency.--The term
`individual of limited English proficiency' has the meaning
given such term in section 4 of the Employment, Training, and
Literacy Enhancement Act.
``(10) Individual with a disability.--The terms `individual
with a disability' and `individuals with disabilities' have
the meaning given such terms in section 4 of the Employment,
Training, and Literacy Enhancement Act.
``(11) Literacy.--The term `literacy' has the meaning given
such term in section 4 of the Employment, Training, and
Literacy Enhancement Act.
``(12) Local educational agency.--The term `local
educational agency' has the meaning given such term in
section 14101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801).
``(13) Outlying area.--The term `outlying area' has the
meaning given such term in section 4 of the Employment,
Training, and Literacy Enhancement Act.
``(14) Postsecondary educational institution.--The term
`postsecondary educational institution' has the meaning given
such term in section 4 of the Employment, Training, and
Literacy Enhancement Act.
``(15) Secretary.--The term `Secretary' means the Secretary
of Education.
``(16) State.--The term `State' has the meaning given such
term in section 4 of the Employment, Training, and Literacy
Enhancement Act.
``SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out this title such sums as may be necessary for
fiscal years 1998 through 2003.
``(b) Reservation of Funds for National Leadership
Activities.--For any fiscal year, the Secretary shall
reserve--
``(1) 1.5 percent of the amount appropriated under
subsection (a) (but not more than $6,500,000) to carry out
section 321; and
``(2) 1.5 percent of the amount appropriated under
subsection (a) (but not more than $6,500,000) to establish
and carry out the program of national leadership and
evaluation activities described in section 322.
``PART A--GRANTS TO ELIGIBLE AGENCIES
``SEC. 311. AUTHORITY TO MAKE GRANTS.
``(a) In General.--In the case of each eligible agency that
in accordance with section 101 of the Employment, Training,
and Literacy Enhancement Act submits to the Secretary a plan,
the Secretary shall make a grant for each fiscal year for
which such plan is in effect to the eligible agency for the
purpose specified in subsection (b). The grant shall consist
of the initial and additional allotments determined for the
eligible agency under section 312.
``(b) Purpose of Grants.--The Secretary may make a grant
under subsection (a) only if the applicant involved agrees to
expend the grant for adult education and literacy activities
in accordance with the provisions of this part.
``SEC. 312. ALLOTMENTS.
``(a) Initial Allotments.--From the sums available for the
purpose of making grants under this part for any fiscal year,
the Secretary shall allot to each eligible agency that in
accordance with section 101 of the Employment, Training,
and Literacy Enhancement Act submits to the Secretary a
plan for the year an initial amount as follows:
``(1) $100,000, in the case of an eligible agency of 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.
``(2) $250,000, in the case of any other eligible agency.
``(b) Additional Allotments.--
``(1) In general.--From the remainder available for the
purpose of making grants under this part for any fiscal year
after the application of subsection (a), the Secretary shall
allot to each eligible agency that receives an initial
allotment under such subsection an additional amount that
bears the same relationship to such remainder as the number
of qualifying adults in the State or outlying area of the
agency bears to the number of such adults in all States and
outlying areas.
``(2) Qualifying adult.--For purposes of this subsection,
the term `qualifying adult' means an adult who--
``(A) is at least 16 years of age, but less than 61 years
of age;
``(B) is beyond the age of compulsory school attendance
under the law of the State or outlying area;
``(C) does not have a certificate of graduation from a
school providing secondary education and has not achieved an
equivalent level of education; and
``(D) is not currently enrolled in secondary school.
``(c) Special Rule.--
``(1) In general.--Using funds not to exceed the amount
appropriated and reserved under the Adult Education Act for
fiscal year 1997 for the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of
Palau, the Secretary shall award grants, from funds made
available under subsections (a) and (b), to Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, the
Republic of the Marshall Islands, the Federated States of
Micronesia, or the Republic of Palau to carry out activities
described in this part in accordance with the provisions of
this part that the Secretary determines are not inconsistent
with this subsection.
``(2) Award basis.--The Secretary shall award grants
pursuant to paragraph (1) on a competitive basis and pursuant
to recommendations from the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
``(3) Termination of eligibility.--Notwithstanding any
other provision of law, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau
shall not receive any funds under this part for any fiscal
year that begins after September 30, 2001.
``(4) Administrative costs.--The Secretary may provide not
more than 5 percent of the funds made available for grants
under this subsection to pay the administrative costs of the
Pacific Region Educational Laboratory regarding activities
assisted under this subsection.
``(d) Hold-Harmless.--
``(1) In general.--Notwithstanding subsection (a)--
``(A) for fiscal year 1998, no eligible agency shall
receive an allotment that is less than 90 percent of the
payments made to the State of the agency for fiscal year 1997
for programs for which funds were authorized to be
appropriated under section 313 of the Adult Education Act (as
such Act was in effect on the day before the date of the
enactment of the Employment, Training, and Literacy
Enhancement Act of 1997); and
``(B) for fiscal year 1999 and each succeeding fiscal year,
no eligible agency shall receive an allotment that is less
than 90 percent of the amount the agency received for the
preceding fiscal year for programs under this Act.
``(2) Ratable reduction.--If for any fiscal year the amount
available for allotment under this section is insufficient to
satisfy the provisions of paragraph (1), the Secretary shall
ratably reduce the payments to all eligible agencies, as
necessary.
``(e) Reallotment.--The portion of any eligible agency's
allotment under subsection (a) or (b) for a fiscal year that
the Secretary determines will not be required for the period
such allotment is available for carrying out activities under
this part, shall be available for reallotment from time to
time, on such dates during such period as the Secretary shall
fix, to other eligible agencies in proportion to the original
allotments to such agencies under such subsection for such
year.
``SEC. 313. USE OF FUNDS.
``(a) In General.--Of the sum that is made available under
this part to an eligible agency for any program year--
``(1) not less than 85 percent shall be made available to
award grants in accordance with this section to carry out
adult education and literacy activities; and
``(2) not more than 15 percent shall be made available to
carry out activities described in section 314(a), of which
not more than 5 percentage points, or $50,000, whichever is
greater, shall be made available for administrative expenses
at the State level (or the level of the outlying area).
``(b) Grants.--
``(1) In general.--Except as provided in paragraph (2),
from the amount made available to an eligible agency for
adult education and literacy under subsection (a)(1) 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, libraries, 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 carry
out adult education and literacy activities.
``(2) Consortia.--An eligible agency may award a grant
under this section to a consortium that includes a provider
described in paragraph (1) and a for-profit agency,
organization, or institution, if such agency, organization,
or institution--
[[Page H2833]]
``(A) can make a significant contribution to carrying out
the objectives of this title; and
``(B) enters into a contract with such provider to carry
out adult education and literacy activities.
``(c) Grant Requirements.--
``(1) Required local activities.--An eligible agency shall
require that each provider receiving a grant under this
section use the grant in accordance with section 314(b).
``(2) Equitable access.--Each eligible agency awarding a
grant under this section for adult education and literacy
activities shall ensure that the providers described in
subsection (b) will be provided direct and equitable access
to all Federal funds provided under this section.
``(3) Special rule.--Each eligible agency awarding a grant
under this section shall not use any funds made available
under this title for adult education and literacy activities
for the purpose of supporting or providing programs,
services, or activities for individuals who are not
individuals described in subparagraphs (A) and (B) of section
303(1), except that such agency may use such funds for such
purpose if such programs, services, or activities are related
to family literacy services.
``(4) Considerations.--In awarding grants under this
section, the eligible agency shall consider--
``(A) the degree to which the provider will establish
measurable goals for client outcomes, including the core
indicators of performance pertaining to adult education set
forth in section 154 of the Employment, Training, and
Literacy Enhancement Act, that are tied to challenging State
performance standards for literacy proficiency;
``(B) the past effectiveness of a provider in improving the
literacy skills of adults and families, and, after the 1-year
period beginning with the adoption of a State's core
indicators and benchmarks under the Employment, Training, and
Literacy Enhancement Act, the success of a provider receiving
funding under this Act in meeting or exceeding such
benchmarks, especially with respect to those adults with the
lowest levels of literacy;
``(C) the degree to which the program is staffed by well-
trained instructors and administrators;
``(D) the degree to which the provider will coordinate with
other available resources in the community, such as by
establishing strong links with elementary and secondary
schools, post-secondary educational institutions, full
service employment and training delivery centers, job
training programs, and other literacy and social service
available in the community;
``(E) the commitment of the provider to serve individuals
in the community who are most in need of literacy services,
including individuals who are low income, who have minimal
literacy skills, or both;
``(F) whether or not the program is of sufficient intensity
and duration for participants to achieve substantial learning
gains; and
``(G) the degree to which the provider will offer flexible
schedules and necessary support services (such as child care
and transportation) to enable individuals, including
individuals with disabilities or other special needs, to
participate in adult education and literacy activities.
``(d) Local Administrative Cost Limits.--
``(1) In general.--Except as provided in paragraph (2), of
the funds provided under this section by an eligible agency
to a provider described in subsection (b), not less than 95
percent shall be expended for provision of adult education
and literacy 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 eligible agency shall negotiate with the provider
described in subsection (b) in order to determine an adequate
level of funds to be used for noninstructional purposes.
``SEC. 314. ADULT EDUCATION AND LITERACY ACTIVITIES.
``(a) Permissible Agency Activities.--An eligible agency
may use funds made available to the eligible agency under
section 313(a)(2) for activities that may include--
``(1) the establishment or operation of professional
development programs to improve the quality of instruction
provided pursuant to local activities required under
subsection (b), including instruction provided by volunteers
or by personnel of a State or outlying area;
``(2) the provision of technical assistance to eligible
providers of activities authorized under this section;
``(3) the provision of technology assistance, including
staff training, to eligible providers of activities
authorized under this section to enable the providers to
improve the quality of such activities;
``(4) the support of State or regional networks of literacy
resource centers;
``(5) the monitoring and evaluation of the quality of, and
the improvement in, activities and services authorized under
this section;
``(6) incentives for--
``(A) program coordination and integration; and
``(B) performance awards;
``(7) developing and disseminating curricula;
``(8) other activities of statewide significance that
promote the purposes of this title; and
``(9) the provision of support services, such as
transportation, child care, and other assistance designed to
increase rates of enrollment in, and successful completion
of, adult education and literacy activities, to adults
enrolled in such activities.
``(b) Required Local Activities.--The eligible agency shall
require that each eligible provider receiving a grant under
section 313 use the grant to establish or operate 1 or more
programs that provide instruction or services in 1 or more of
the following categories:
``(1) Adult education and literacy services, including
services provided on the work site.
``(2) Family literacy services.
``(3) English literacy programs.
``(c) State-Imposed Requirements.--Whenever a State
implements any rule or policy relating to the administration
or operation of a program authorized under this title that
has the effect of imposing a requirement that is not imposed
under Federal law (including any rule or policy based on a
State interpretation of a Federal statute, regulation, or
guideline), it shall identify, to eligible providers, the
rule or policy as being State-imposed.
``SEC. 315. FISCAL REQUIREMENTS AND RESTRICTIONS RELATED TO
USE OF FUNDS.
``(a) Supplement not Supplant.--Funds made available under
this part for adult education and literacy activities shall
supplement, and may not supplant, other public funds expended
to carry out activities described in section 314.
``(b) Maintenance of Effort.--
``(1) In general.--
``(A) Determination.--An eligible agency may receive funds
under this Act for any fiscal year if the Secretary finds
that the fiscal effort per student or the aggregate
expenditures of such eligible agency for adult education and
literacy, in the second preceding fiscal year, was not less
than 90 percent of the fiscal effort per student or the
aggregate expenditures of such eligible agency for adult
education and literacy, in the third preceding fiscal year.
``(B) Proportionate reduction.--Subject to paragraphs (2),
(3), and (4), for any program year with respect to which the
Secretary determines under subparagraph (A) that the fiscal
effort and the aggregate expenditures of an eligible agency
for the preceding program year were less than such effort and
expenditures for the second preceding program year, the
Secretary--
``(i) shall determine the percentage decreases in such
effort and in such expenditures; and
``(ii) shall decrease the payment made under this part for
such program year to the agency for adult education and
literacy activities by the lesser of such percentages.
``(2) Computation.--In computing the fiscal effort and
aggregate expenditures under paragraph (1), the Secretary
shall exclude capital expenditures and special one-time
project costs.
``(3) Decrease in federal support.--If the amount made
available for adult education and literacy activities under
this part for a fiscal year is less than the amount made
available for adult education and literacy activities under
this part for the preceding fiscal year, then the fiscal
effort per student and the aggregate expenditures of an
eligible agency required in order to avoid a reduction under
paragraph (1)(B) shall be decreased by the same percentage as
the percentage decrease in the amount so made available.
``(4) Waiver.--The Secretary may waive the requirements of
this subsection for 1 fiscal year only, if the Secretary
determines that a waiver would be equitable due to
exceptional or uncontrollable circumstances, such as a
natural disaster or an unforeseen and precipitous decline in
the financial resources of the State of the eligible agency.
If the Secretary grants a waiver under the preceding sentence
for a fiscal year, the level of effort required under
paragraph (1) shall not be reduced in the subsequent fiscal
year because of the waiver.
``(c) Expenditures of Non-Federal Funds for Adult Education
and Literacy Activities.--For any program year for which a
grant is made to an eligible agency under this part, the
eligible agency shall expend, on programs and activities
relating to adult education and literacy activities, an
amount, derived from sources other than the Federal
Government, equal to 25 percent of the amount made
available to the eligible agency under this part for adult
education and literacy activities.
``PART B--NATIONAL PROGRAMS
``SEC. 321. NATIONAL INSTITUTE FOR LITERACY.
``(a) Purpose.--The National Institute for Literacy shall--
``(1) provide national leadership with respect to literacy
in the United States;
``(2) coordinate literacy services; and
``(3) serve as a national resource for adult education and
family literacy by providing the best and most current
information available and supporting the creation of new ways
to offer services of proven effectiveness.
``(b) Establishment.--
``(1) In general.--There is established the National
Institute for Literacy (in this section referred to as the
`Institute'). The Institute shall be administered under the
terms of an interagency agreement entered into by the
Secretary of Education with the Secretary of Labor and the
Secretary of Health and Human Services (in this section
referred
[[Page H2834]]
to as the `Interagency Group'). The Interagency Group may
include in the Institute any research and development center,
institute, or clearinghouse established within the Department
of Education, the Department of Labor, or the Department of
Health and Human Services whose purpose is determined by the
Interagency Group to be related to the purpose of the
Institute.
``(2) Offices.--The Institute shall have offices separate
from the offices of the Department of Education, the
Department of Labor, and the Department of Health and Human
Services.
``(3) Board recommendations.--The Interagency Group shall
consider the recommendations of the National Institute for
Literacy Advisory Board (in this section referred to as the
`Board') established under subsection (d) in planning the
goals of the Institute and in the implementation of any
programs to achieve such goals.
``(4) Daily operations.--The daily operations of the
Institute shall be carried out by the Director of the
Institute appointed under subsection (g).
``(c) Duties.--
``(1) In general.--In order to provide leadership for the
improvement and expansion of the system for delivery of
literacy services, the Institute is authorized--
``(A) to establish, and make accessible, a national
electronic data base of information that disseminates
information to the broadest possible audience within the
literacy and basic skills field, and that includes--
``(i) effective practices in the provision of literacy and
basic skills instruction, including the integration of such
instruction with occupational skills training;
``(ii) public and private literacy and basic skills
programs and Federal, State, and local policies affecting the
provision of literacy services at the National, State, and
local levels;
``(iii) opportunities for technical assistance, meetings,
conferences, and other opportunities that lead to the
improvement of literacy and basic skills services; and
``(iv) a communication network for literacy programs,
providers, social service agencies, and students;
``(B) to coordinate support for the provision of literacy
and basic skills services across Federal agencies and at the
State and local levels;
``(C) to coordinate the support of research and development
on literacy and basic skills in families and adults across
Federal agencies, especially with the Office of Educational
Research and Improvement in the Department of Education, and
to carry out basic and applied research and development on
topics that are not being investigated by other organizations
or agencies, such as the special literacy needs of
individuals with learning disabilities;
``(D) to collect and disseminate information on methods of
advancing literacy that show great promise;
``(E) funding a network of State or regional adult literacy
resource centers to assist State and local public and private
nonprofit efforts to improve literacy by--
``(i) encouraging the coordination of literacy services;
``(ii) carrying out evaluations of the effectiveness of
adult education and literacy activities;
``(iii) enhancing the capacity of State and local
organizations to provide literacy services; and
``(iv) serving as a reciprocal link between the Institute
and providers of adult education and literacy activities for
the purpose of sharing information, data, research,
expertise, and literacy resources;
``(F) to coordinate and share information with national
organizations and associations that are interested in
literacy and workforce development;
``(G) to inform the development of policy with respect to
literacy and basic skills; and
``(H) to undertake other activities that lead to the
improvement of the Nation's literacy delivery system and that
complement other such efforts being undertaken by public and
private agencies and organizations.
``(2) Grants, contracts, and agreements.--The Institute may
make grants to, or enter into contracts or cooperative
agreements with, individuals, public or private institutions,
agencies, organizations, or consortia of such institutions,
agencies, or organizations to carry out the activities of the
Institute. Such grants, contracts, or agreements shall be
subject to the laws and regulations that generally apply
to grants, contracts, or agreements entered into by
Federal agencies.
``(d) Literacy Leadership.--
``(1) Fellowships.--The Institute, in consultation with the
Board, may award fellowships, with such stipends and
allowances as the Director considers necessary, to
outstanding individuals pursuing careers in adult education
or literacy in the areas of instruction, management,
research, or innovation.
``(2) Use of fellowships.--Fellowships awarded under this
subsection shall be used, under the auspices of the
Institute, to engage in research, education, training,
technical assistance, or other activities to advance the
field of adult education or literacy, including the training
of volunteer literacy providers at the national, State, or
local level.
``(3) Interns and volunteers.--The Institute, in
consultation with the Board, may award paid and unpaid
internships to individuals seeking to assist the Institute in
carrying out its mission. Notwithstanding section 1342 of
title 31, United States Code, the Institute may accept and
use voluntary and uncompensated services as the Institute
determines necessary.
``(e) National Institute for Literacy Advisory Board.--
``(1) Establishment.--
``(A) In general.--There is established a National
Institute for Literacy Advisory Board. The Board shall
consist of 10 individuals, appointed by the Interagency
Group, from individuals who--
``(i) are not otherwise officers or employees of the
Federal Government; and
``(ii) are representative of entities or groups described
in subparagraph (B).
``(B) Entities or groups described.--The entities or groups
referred to in subparagraph (A) are--
``(i) literacy organizations and providers of literacy
services, including--
``(I) nonprofit providers of literacy services;
``(II) providers of programs and services involving English
language instruction; and
``(III) providers of services receiving assistance under
this title;
``(ii) businesses that have demonstrated interest in
literacy programs;
``(iii) literacy students;
``(iv) experts in the area of literacy research;
``(v) State and local governments;
``(vi) representatives of employees; and
``(vii) State directors of adult education.
``(2) Duties.--The Board--
``(A) shall make recommendations concerning the appointment
of the Director and staff of the Institute;
``(B) shall provide independent advice on the operation of
the Institute; and
``(C) shall receive reports from the Interagency Group and
the Director.
``(3) Federal advisory committee act.--Except as otherwise
provided, the Board established by this subsection shall be
subject to the provisions of the Federal Advisory Committee
Act (5 U.S.C. App.).
``(4) Terms.--
``(A) In general.--Each member of the Board shall be
appointed for a term of 3 years, except that the initial
terms for members may be 1, 2, or 3 years in order to
establish a rotation in which \1/3\ of the members are
selected each year. Any such member may be appointed for not
more than 2 consecutive terms.
``(B) Vacancy appointments.--Any member appointed to fill a
vacancy occurring before the expiration of the term for which
the member's predecessor was appointed shall be appointed
only for the remainder of that term. A member may serve after
the expiration of that member's term until a successor has
taken office. A vacancy in the Board shall be filled in the
manner in which the original appointment was made. A vacancy
in the Board shall not affect the powers of the Board.
``(5) Quorum.--A majority of the members of the Board shall
constitute a quorum but a lesser number may hold hearings.
Any recommendation of the Board may be passed only by a
majority of the Board's members present.
``(6) Election of officers.--The Chairperson and Vice
Chairperson of the Board shall be elected by the members of
the Board. The term of office of the Chairperson and Vice
Chairperson shall be 2 years.
``(7) Meetings.--The Board shall meet at the call of the
Chairperson or a majority of the members of the Board.
``(f) Gifts, Bequests, and Devises.--The Institute may
accept, administer, and use gifts or donations of services,
money, or property, both real and personal.
``(g) Mails.--The Board and the Institute may use the
United States mails in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
``(h) Director.--The Interagency Group, after considering
recommendations made by the Board, shall appoint and fix the
pay of a Director.
``(i) Applicability of Certain Civil Service Laws.--The
Director and staff of the Institute may be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of the
maximum rate payable under section 5376 of title 5, United
States Code.
``(j) Experts and Consultants.--The Board and the Institute
may procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
``(k) Report.--The Institute shall submit a report
biennially to the committees of the United States House of
Representatives and the Senate having jurisdiction over this
title. Each report submitted under this subsection shall
include--
``(1) a comprehensive and detailed description of the
Institute's operations, activities, financial condition, and
accomplishments in the field of literacy for the period
covered by the report;
``(2) a description of how plans for the operation of the
Institute for the succeeding two fiscal years will facilitate
achievement of the goals of the Institute and the goals of
the literacy programs within the Department of Education, the
Department of Labor, and the Department of Health and Human
Services; and
[[Page H2835]]
``(3) any additional minority, or dissenting views
submitted by members of the Board.
``(l) Funding.--Any amounts appropriated to the Secretary
of Education, the Secretary of Labor, or the Secretary of
Health and Human Services for purposes that the Institute is
authorized to perform under this section may be provided to
the Institute for such purposes.
``SEC. 322. NATIONAL LEADERSHIP ACTIVITIES.
``The Secretary shall establish and carry out a program of
national leadership activities to enhance the quality of
adult education and family literacy programs nationwide. Such
activities may include the following:
``(1) Providing technical assistance to recipients of
assistance under part A in developing and using benchmarks
and performance measures for improvement of adult education
and literacy activities, including family literacy services.
``(2) Awarding grants, on a competitive basis, to a
postsecondary educational institution, a public or private
organization or agency, or a consortium of such institutions,
organizations, or agencies to carry out research and
technical assistance--
``(A) for the purpose of developing, improving, and
identifying the most successful methods and techniques for
addressing the education needs of adults; and
``(B) to increase the effectiveness of, and improve the
quality of, adult education and literacy activities,
including family literacy services.
``(3) Providing for the conduct of an independent
evaluation and assessment of adult education and literacy
activities, through studies and analyses conducted
independently through grants and contracts awarded on a
competitive basis. Such evaluation and assessment shall
include descriptions of--
``(A) the effect of benchmarks, performance measures, and
other measures of accountability on the delivery of adult
education and literacy activities, including family literacy
services;
``(B) the extent to which the adult education and literacy
activities, including family literacy services, increase the
literacy skills of adults (and of children, in the case of
family literacy services), lead the participants in such
activities to involvement in further education and training,
enhance the employment and earnings of such participants,
and, if applicable, lead to other positive outcomes, such as
reductions in recidivism in the case of prison-based adult
education and literacy services;
``(C) the extent to which the provision of support services
to adults enrolled in adult education and family literacy
programs increases the rates of enrollment in, and successful
completion of, such programs; and
``(D) the extent to which eligible agencies have
distributed funds under part A to meet the needs of adults
through community-based organizations.
``(4) Carrying out demonstration programs, replicating
model programs, disseminating best practices information, and
providing technical assistance, for the purposes of
developing, improving, and identifying the most successful
methods and techniques for providing the activities assisted
under part A.
``(5) Other activities designed to enhance the quality of
adult education and literacy nationwide, such as providing
incentive grants to States consistent with section 156 of the
Employment, Training, and Literacy Enhancement Act.''.
SEC. 503. REPEAL OF NATIONAL LITERACY ACT OF 1991.
The National Literacy Act of 1991 (Public Law 102-73; 105
Stat. 333) is hereby repealed.
SEC. 504. CONFORMING AMENDMENTS.
(a) Refugee Education Assistance Act.--Subsection (b) of
section 402 of the Refugee Education Assistance Act of 1980
(8 U.S.C. 1522 note) is hereby repealed.
(b) Elementary and Secondary Education Act of 1965.--
(1) Section 1206 of esea.--Section 1206(a)(1)(A) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6366(a)(1)(A)) is amended by striking ``an adult basic
education program'' and inserting ``adult education and
literacy activities''.
(2) Section 3113 of esea.--Section 3113(1) of such Act (20
U.S.C. 6813(1)) is amended by striking ``section 312 of the
Adult Education Act;'' and inserting ``section 303 of the
Adult Education and Family Literacy Act;''.
(3) Section 9161 of esea.--Section 9161(2) of such Act (20
U.S.C. 7881(2)) is amended by striking ``section 312(2) of
the Adult Education Act.'' and inserting ``section 303 of the
Adult Education and Family Literacy Act.''.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. REPEALERS.
(a) Amendments to the Wagner-Peyser Act.--Section 601 of
the Job Training Partnership Act is hereby repealed.
(b) Amendments to Part C of Title IV of the Social Security
Act.--Section 602 of the Job Training Partnership Act is
hereby repealed.
(c) Earnings Disregard.--Section 603 of the Job Training
Partnership Act is hereby repealed.
(d) Savings Provision.--The repeals made by subsections
(a), (b), and (c), of any provision of law described in any
such subsection that amended or repealed another provision of
law does not in any way affect that amendment or repeal.
SEC. 602. CONFORMING AMENDMENTS.
(a) Enforcement of Military Selective Service Act.--Section
604 of the Job Training Partnership Act (29 U.S.C. 1504) is
amended--
(1) by redesignating such section as section 182 of such
Act; and
(2) by inserting such section after section 181 of such
Act.
(b) State Job Bank Systems.--Section 605 of such Act (29
U.S.C. 1505) is amended--
(1) by striking subsection (a);
(2) in subsection (b), by striking ``shall make such'' and
inserting ``may make'';
(3) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively;
(4) by redesignating such section as section 466 of such
Act; and
(5) by adding such section after section 465 of such Act.
(c) State Labor Market Information Programs.--Section 125
of such Act (29 U.S.C. 1535) is amended--
(1) by redesignating such section as section 467; and
(2) by inserting such section after section 466.
TITLE VII--AMENDMENTS TO STATE HUMAN RESOURCE INVESTMENT COUNCIL
SEC. 701. AMENDMENTS TO COUNCIL.
(a) Establishment and Functions.--Section 701 of the Job
Training Partnership Act (29 U.S.C. 1792) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``shall review'' and inserting ``reviews'';
and
(ii) by striking ``advise'' and inserting ``advises'';
(B) in paragraph (2), by striking ``shall advise'' and
inserting ``advises'';
(C) in paragraph (3), by striking ``shall carry'' and
inserting ``carries'';
(D) by striking paragraph (4);
(E) in paragraph (5), by striking ``may recommend'' and
inserting ``recommends'';
(F) in paragraph (6), to read as follows:
``(6) prepares and recommends to the Governor a strategy to
be included as part of the State plan under section 101 that
would accomplish the goals developed pursuant to paragraph
(4);'';
(G) in paragraph (7)--
(i) by striking ``may monitor'' and inserting ``monitors'';
and
(ii) by striking the period at the end and inserting ``;
and'';
(H) by adding at the end the following:
``(8) may serve as the collaborative process described in
section 102.''; and
(I) by redesignating paragraphs (5) through (8) (as amended
or added, as the case may be) as paragraphs (4) through (7),
respectively; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``(A) Except as
provided in subparagraph (B), for purposes'' and inserting
``For purposes''; and
(ii) by striking subparagraph (B); and
(B) in paragraph (2)--
(i) by striking ``applicable Federal human resource
programs'' and all that follows through ``may include'' and
inserting ``applicable Federal human resource programs may
include'';
(ii) in clause (v), by striking the ``and'' at the end;
(iii) in clause (vii)--
(I) by adding at the end before the semicolon the
following: ``and title I of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996''; and
(II) by redesignating such clause as clause (vi);
(iv) in subparagraph (B)--
(I) by striking ``may not include programs authorized
under''; and
(II) by redesignating such subparagraph as clause (vii);
and
(v) by redesignating clauses (i) through (vii) as
subparagraphs (A) through (G), respectively, and moving the
margin for each such subparagraph two ems to the left.
(b) Composition.--Section 702 of such Act (29 U.S.C. 1792a)
is amended--
(1) by striking subsections (a), (b), and (c); and
(2) by inserting the following:
``Each State Council shall be composed of the individuals
and entities described in section 102(a).''.
(c) Administration.--Section 703 of such Act (29 U.S.C.
1792b) is amended--
(1) in subsection (a)(2)--
(A) by inserting ``for State administrative expenses''
after ``funds otherwise available''; and
(B) by striking ``, including funds available'' and all
that follows through ``such Act'';
(2) by striking subsection (c); and
(3) by redesignating subsection (d) as subsection (c).
SEC. 702. TRANSFER OF COUNCIL.
Title VII of the Job Training Partnership Act (29 U.S.C.
1792 et seq.), as amended by section 701, is transferred to
the end of part A of title I of such Act, as amended by
section 111 of this Act.
SEC. 703. CONFORMING AMENDMENTS.
(a) In General.--Title VII of the Job Training Partnership
Act (29 U.S.C. 1792 et seq.), as transferred to the end of
part A of title I of such Act by section 702, is amended--
(1) by amending the title heading to read as follows:
[[Page H2836]]
``SEC. 103. STATE HUMAN RESOURCE INVESTMENT COUNCIL.'';
(2) by redesignating sections 701 through 703 as
subsections (a) through (c), respectively, of section 103 (as
redesignated by paragraph (1)) and conforming the subsection
headings and margins accordingly;
(3) by redesignating each subsection, paragraph, and
subparagraph of sections 701 through 703 (as such sections
existed immediately prior to the amendments made by paragraph
(2)) as a paragraph, subparagraph, and clause, respectively,
of section 103 (as redesignated by paragraph (1)) and
conforming the headings and margins accordingly; and
(4) in subsection (a)(2)(B) (as redesignated), by striking
``paragraph (1)'' and inserting ``subparagraph (A)''.
(b) Additional Amendment.--Section 103 of the Job Training
Partnership Act, as redesignated by subsection (a)(2), is
amended by striking ``title'' each place it appears (except
in subsection (a)(2)(B)(vi) of such section) and inserting
``section''.
TITLE VIII--AMENDMENTS TO WAGNER-PEYSER ACT
SEC. 801. DEFINITIONS.
Section 2 of the Wagner-Peyser Act (29 U.S.C. 49a) is
amended--
(1) in paragraph (1), by striking ``Job Training
Partnership Act'' and inserting ``Employment, Training, and
Literacy Enhancement Act'';
(2) by striking paragraphs (2) and (4);
(3) by redesignating paragraphs (3) and (5) as paragraphs
(5) and (6), respectively;
(4) by inserting after paragraph (1) the following:
``(2) the term `local workforce development area' means a
local workforce development area designated under section 121
of the Employment, Training, and Literacy Enhancement Act;
``(3) the term `local workforce development board' means a
local workforce development board established under section
122 of the Employment, Training, and Literacy Enhancement
Act;
``(4) the term `full service employment and training
delivery system' means a system established under section 123
of the Employment, Training, and Literacy Enhancement Act;'';
and
(5) in paragraph (5) (as redesignated by paragraph (3)), by
striking the semicolon and inserting ``; and''.
SEC. 802. FUNCTIONS.
(a) In General.--Section 3(a) of the Wagner-Peyser Act (29
U.S.C. 49b(a)) is amended to read as follows:
``(a) The Secretary of Labor--
``(1) shall assist in the coordination and development of a
nationwide system of labor exchange services for the general
public, provided as part of the full service employment and
training delivery systems of the States;
``(2) shall assist in the development of continuous
improvement models for such nationwide system that ensure
private sector satisfaction with the system and meet the
demands of jobseekers relating to the system; and
``(3) shall ensure, for individuals otherwise eligible to
receive unemployment compensation, the continuation of any
activities in which the individuals are required to
participate to receive the compensation.''.
(b) Conforming Amendments.--Section 508(b) of the
Unemployment Compensation Amendments of 1976 (42 U.S.C. 603a)
is amended--
(1) by striking ``the third sentence of section 3(a)'' and
inserting ``section 3(b)''; and
(2) by striking ``49b(a)'' and inserting ``49b(b))''.
SEC. 803. DESIGNATION OF STATE AGENCIES.
Section 4 of the Wagner-Peyser Act (29 U.S.C. 49c) is
amended--
(1) by striking ``, through its legislature,'' and
inserting ``pursuant to State statute'';
(2) by inserting after ``the provisions of this Act and''
the following: ``, in accordance with such State statute, the
Governor shall''; and
(3) by striking ``United States Employment Service'' and
inserting ``Secretary''.
SEC. 804. APPROPRIATIONS.
Section 5(c) of the Wagner-Peyser Act (29 U.S.C. 49d(c)) is
amended by striking paragraph (3).
SEC. 805. DISPOSITION OF ALLOTTED FUNDS.
Section 7 of the Wagner-Peyser Act (29 U.S.C. 49f) is
amended--
(1) in subsection (b)(2), by striking ``private industry
council'' and inserting ``local workforce development
board'';
(2) in subsection (c)(2)(B), to read as follows:
``(B) Title III of the Employment, Training, and Literacy
Enhancement Act.'';
(3) in subsection (d), by striking ``Job Training
Partnership Act'' and inserting ``Employment, Training, and
Literacy Enhancement Act''; and
(4) by adding at the end the following:
``(e) All job search, placement, recruitment, labor market
information, and other labor exchange services authorized
under subsections (a) and (b) shall be provided as part of
the full service employment and training delivery system
established by the State.''.
SEC. 806. STATE PLANS.
Section 8 of the Wagner-Peyser Act (29 U.S.C. 49g) is
amended--
(1) in subsection (a) to read as follows:
``(a) Any State desiring to receive assistance under this
Act shall submit to the Secretary, as part of the State plan
submitted under section 101 of the Employment, Training, and
Literacy Enhancement Act, detailed plans for carrying out the
provisions of this Act within such State.'';
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsection (d) as subsection (b).
SEC. 807. FEDERAL ADVISORY COUNCIL.
Section 11 of the Wagner-Peyser Act (29 U.S.C. 49j) is
hereby repealed.
SEC. 808. REGULATIONS.
Section 12 of the Wagner-Peyser Act (29 U.S.C. 49k) is
amended by striking ``The Director, with the approval of the
Secretary of Labor,'' and inserting ``The Secretary''.
SEC. 809. EFFECTIVE DATE.
The amendments made by this title shall take effect on July
1, 1998.
TITLE IX--TECHNICAL AND CONFORMING AMENDMENTS
Subtitle A--Amendments to the Job Training Partnership Act
SEC. 901. SHORT TITLE; TABLE OF CONTENTS.
Section 1 of the Job Training Partnership Act (29 U.S.C.
1501 note) is amended to read as follows:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the
`Employment, Training, and Literacy Enhancement Act'.
``(b) Table of Contents.--The table of contents of this Act
is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Statement of purpose.
``Sec. 3. Authorization of appropriations.
``Sec. 4. Definitions.
``TITLE I--STATE AND LOCAL ADMINISTRATIVE PROVISIONS
``Part A--State Administrative Provisions
``Sec. 101. State plan.
``Sec. 102. Collaborative process.
``Sec. 103. State Human Resource Investment Council.
``Part B--Local Administrative Provisions
``Sec. 121. Local workforce development areas.
``Sec. 122. Local workforce development boards.
``Sec. 123. Full service employment and training delivery system.
``Sec. 124. Identification of training providers.
``Part C--Program and Fiscal Provisions
``Subpart 1--General Provisions
``Sec. 141. General program requirements.
``Sec. 142. Benefits.
``Sec. 143. Labor standards.
``Sec. 144. Grievance procedure.
``Sec. 145. Prohibition against Federal control of education.
``Sec. 146. Identification of additional imposed requirements.
``Sec. 147. Authority of State legislature.
``Sec. 148. Interstate agreements.
``Subpart 2--Performance Accountability Provisions
``Sec. 151. Performance accountability system.
``Sec. 152. Indicators of performance.
``Sec. 153. State adjusted benchmarks.
``Sec. 154. Core indicators of performance.
``Sec. 155. Report on performance.
``Sec. 156. Incentive grants and sanctions.
``Subpart 3--Other Provisions
``Sec. 161. Program year.
``Sec. 162. Prompt allocation of funds.
``Sec. 163. Monitoring.
``Sec. 164. Fiscal controls; sanctions.
``Sec. 165. Reports; recordkeeping; investigations.
``Sec. 166. Administrative Adjudication.
``Sec. 167. Nondiscrimination.
``Sec. 168. Administrative provisions.
``Sec. 169. Utilization of services and facilities.
``Sec. 170. Obligational authority.
``Sec. 171. Limitation on certain costs.
``Sec. 172. Buy-American requirements.
``Part D--Miscellaneous Provisions
``Sec. 181. Reference.
``Sec. 182. Enforcement of Military Selective Service Act.
``TITLE II--DISADVANTAGED YOUTH EMPLOYMENT AND TRAINING OPPORTUNITIES
GRANTS
``Sec. 201. Statement of purpose.
``Sec. 202. Authorization.
``Sec. 203. Allotment and allocation among States.
``Sec. 204. Allocation within States.
``Sec. 205. Eligibility for services.
``Sec. 206. Use of funds.
``Sec. 207. Selection of service providers.
``Sec. 208. Linkages.
``TITLE III--ADULT EMPLOYMENT AND TRAINING OPPORTUNITIES GRANTS
``Sec. 301. Purpose.
``Part A--Adult Employment and Training Opportunities Grants
``Sec. 311. Authorization.
``Sec. 312. Allotment among States.
``Sec. 313. Allocation within States.
[[Page H2837]]
``Sec. 314. Use of amounts.
``Part B--National Programs
``Sec. 321. National emergency grants.
``TITLE IV--FEDERALLY ADMINISTERED PROGRAMS
``Part A--Employment and Training Programs for Native Americans and
Migrant and Seasonal Farmworkers
``Sec. 401. Native American programs.
``Sec. 402. Migrant and seasonal farmworker program.
``Part B--Job Corps
``Sec. 421. Statement of purpose.
``Sec. 422. Establishment of the Job Corps.
``Sec. 423. Individuals eligible for the Job Corps.
``Sec. 424. Screening and selection of applicants: general
provisions.
``Sec. 425. Screening and selection: special limitations.
``Sec. 426. Enrollment and assignment.
``Sec. 427. Job Corps centers.
``Sec. 428. Program activities.
``Sec. 429. Allowances and support.
``Sec. 430. Standards of conduct.
``Sec. 431. Community participation.
``Sec. 432. Counseling and job placement.
``Sec. 433. Experimental and developmental projects and
coordination with other programs.
``Sec. 433A. Job Corps centers for homeless families.
``Sec. 434. Advisory boards and committees.
``Sec. 435. Participation of the States.
``Sec. 436. Application of provisions of Federal law.
``Sec. 437. Special provisions.
``Sec. 438. General provisions.
``Sec. 439. Donations.
``Part C--Veterans' Employment Programs
``Sec. 441. Authorization of programs.
``Part D--National Activities
``Sec. 451. Research, demonstration, evaluation, and
capacity building.
``Sec. 452. Incentive grants.
``Sec. 453. Uniform reporting requirements.
``Part E--Labor Market Information
``Sec. 461. Labor market information; availability of
funds.
``Sec. 462. Cooperative labor market information program.
``Sec. 463. Special federal responsibilities.
``Sec. 464. National Occupational Information Coordinating
Committee.
``Sec. 465. Job bank program.
``Sec. 466. State job bank systems.
``Sec. 467. State labor market information programs.''.
SEC. 902. DEFINITIONS.
Section 4 of such Act (29 U.S.C. 1503), as amended by
section 103, is further amended, as follows:
(1) By striking the heading and the matter preceding
paragraph (1) and inserting the following:
``SEC. 4. DEFINITIONS.
``As used in this Act, the following definitions apply:''.
(2) In paragraph (3), by striking ``The term'' and
inserting ``Area of substantial unemployment.--The term''.
(3) In paragraph (7), by striking ``The term'' and
inserting ``Economic development agencies.--The term''.
(4) In paragraph (8), by striking ``The term'' and
inserting ``Economically disadvantaged.--The term''.
(5) In paragraph (9), by striking ``The term'' and
inserting ``Governor.--The term''.
(6) In paragraph (12), by striking ``The term'' and
inserting ``Institution of higher education.--The term''.
(7) In paragraph (13), by striking ``The term'' and
inserting ``Labor market area.--The term''.
(8) In paragraph (14), by striking ``The term'' and
inserting ``Local educational agency.--The term''.
(9) In paragraph (15), by striking ``The term'' and
inserting ``Low-income level.--The term''.
(10) In paragraph (16), by striking ``The term'' and
inserting ``Lower living standard income level.--The term''.
(11) In paragraph (17), by striking ``The term'' and
inserting ``Offender.--The term''.
(12) In paragraph (18), by striking ``The term'' and
inserting ``Postsecondary institution.--The term''.
(13) In paragraph (20), by striking ``The term'' and
inserting ``Public assistance.--The term''.
(14) In paragraph (23), by striking ``The term'' and
inserting ``State educational agency.--The term''.
(15) In paragraph (25), by striking ``The term'' and
inserting ``Unemployed individuals.--The term''.
(16) In paragraph (26), by striking ``The term'' and
inserting ``Unit of general local government.--The term''.
(17) In paragraph (28), by striking ``The term'' and
inserting ``Vocational education.--The term''.
(18) In paragraph (29), by striking ``The term'' and
inserting ``Displaced homemaker.--The term''.
(19) In paragraph (30), by striking ``The term'' and
inserting ``Nontraditional employment.--The term''.
(20) In paragraph (31), by striking ``The term'' and
inserting ``Basic skills deficient.--The term''.
(21) In paragraph (32), by striking ``The term'' and
inserting ``Case management.--The term''.
(22) In paragraph (33), by striking ``The term'' and
inserting ``Citizenship skills.--The term''.
(23) In paragraph (34), by striking ``The term'' and
inserting ``Family.--The term''.
(24) In paragraph (37), by striking ``The term'' and
inserting ``Participant.--The term''.
(25) In paragraph (38), by striking ``The term'' and
inserting ``School dropout.--The term''.
(26) In paragraph (39), by striking ``The term'' and
inserting ``Termination.--The term''.
(27) In paragraph (40), by striking ``The term'' and
inserting ``Youth corps program.--The term''.
(28) By redesignating paragraphs (31), (32), (4), (33),
(5), (6), (29), (7), (8), (41), (42), (34), (43), (44), (9),
(45), (46), (10), (12), (13), (47), (48), (49), (14), (50),
(15), (16), (30), (17), (51), (52), (37), (18), (20), (53),
(54), (38), (21), (55), (22), (57), (56), (23), (58), (24),
(39), (25), (26), (27), (28), and (40) as paragraphs (4)
through (54), respectively.
SEC. 903. AMENDMENTS TO TITLE I.
(a) Heading.--The heading of title I of the Job Training
Partnership Act (29 U.S.C. 1501 et seq.) is amended to read
as follows:
``TITLE I--STATE AND LOCAL ADMINISTRATIVE PROVISIONS''.
(b) Part B.--Part B of title I of such Act (29 U.S.C. 1531
et seq.), as amended by this Act, is further amended in the
heading of such part to read as follows:
``PART B--LOCAL ADMINISTRATIVE PROVISIONS''.
(c) Part C.--
(1) Headings.--Part C of title I of such Act (29 U.S.C.
1551 et seq.), as amended by this Act, is further amended--
(A) in the heading of such part to read as follows:
``PART C--PROGRAM AND FISCAL PROVISIONS'';
(B) by inserting after the heading for such part the
following:
``Subpart 1--General Provisions'';
(C) by inserting after section 148, as amended by this Act,
the following:
``Subpart 2--Performance Accountability Provisions'';
and
(D) by inserting after section 156 (as amended by this Act)
the following:
``Subpart 3--Other Provisions''.
(2) Section 141.--Section 141 of such Act (29 U.S.C. 1551),
as amended by this Act, is further amended--
(A) in the section heading to read as follows:
``SEC. 141. GENERAL PROGRAM REQUIREMENTS.'';
and
(B)(i) by redesignating subsections (a), (b), (c), (e),
(g), (h), (j), and (l) through (t) as paragraphs (1) through
(16), respectively, and moving the margin for each such
paragraph two ems to the right; and
(ii) by redesignating each paragraph and subparagraph of
such subsections (a), (b), (c), (e), (g), (h), (j), and (l)
through (t) (as such subsections existed before the amendment
made by clause (i)) as a subparagraph and clause,
respectively.
(3) Section 142.--Section 142 of such Act (29 U.S.C. 1552),
as amended by this Act, is further amended--
(A) in the section heading to read as follows:
``SEC. 142. BENEFITS.'';
(B) in subsection (a)(2) (as redesignated), by striking
``References'' and inserting ``References.--References''; and
(C) in subsection (b), by striking ``Allowances'' and
inserting ``Additional Requirement.--Allowances''.
(4) Section 145.--Section 145 of such Act (29 U.S.C. 1555)
is amended in the section heading to read as follows:
``SEC. 145. PROHIBITION AGAINST FEDERAL CONTROL OF
EDUCATION.''.
(5) Section 146.--Section 146 of such Act (as redesignated)
is amended--
(A) in the section heading to read as follows:
``SEC. 146. IDENTIFICATION OF ADDITIONAL IMPOSED
REQUIREMENTS.'';
and
(B) by striking ``service delivery area'' each place it
appears and inserting ``workforce development area''.
(6) Section 147.--Section 147 of such Act (as redesignated)
is amended in the section heading to read as follows:
``SEC. 147. AUTHORITY OF STATE LEGISLATURE.''.
(7) Section 148.--Section 148 of such Act (as redesignated)
is amended in the section heading to read as follows:
``SEC. 148. INTERSTATE AGREEMENTS.''.
(d) Part D.--
(1) Heading.--Part D of title I of such Act is amended by
striking the heading for such part.
(2) Section 161.--Section 161 of such Act (29 U.S.C. 1571),
as amended by this Act, is further amended--
(A) in the section heading to read as follows:
``SEC. 161. PROGRAM YEAR.'';
(B) in subsection (a), by striking ``(a)'' and inserting
the following:
``(a) Program Year.--''; and
[[Page H2838]]
(C) in subsection (b), by striking ``(b)'' and inserting
the following:
``(b) Availability.--''.
(3) Section 162.--Section 162 of such Act (29 U.S.C. 1572),
as amended by this Act, is further amended--
(A) in the section heading to read as follows:
``SEC. 162. PROMPT ALLOCATION OF FUNDS.'';
(B) in subsection (a), by striking ``(a)'' and inserting
``(a) Allotments and Allocations Based on Latest Available
Data.--'';
(C) in subsection (b), by striking ``(b)'' and inserting
``(b) Publication in Federal Register Relating to Mandatory
Funds.--'';
(D) in subsection (c), by striking ``(c)'' and inserting
``(c) Requirement for Funds Distributed by Formula.--'';
(E) in subsection (d), by striking ``(d)'' and inserting
``(d) Publication in Federal Register Relating to
Discretionary Funds.--''; and
(F) in subsection (e)--
(i) by striking ``(e)'' and inserting ``(e) Availability of
Funds.--''; and
(ii) by striking ``service delivery area'' and inserting
``local workforce development area''.
(4) Section 163.--Section 163 of such Act (29 U.S.C. 1573)
is amended--
(A) in the section heading to read as follows:
``SEC. 163. MONITORING.'';
(B) in subsection (a), by striking ``(a)'' and inserting
``(a) In General.--'';
(C) in subsection (b), by striking ``(b)'' and inserting
``(b) Investigations.--''; and
(D) in subsection (c), by striking ``(c)'' and inserting
``(c) Additional Requirement.--''.
(5) Section 164.--Section 164 of such Act (29 U.S.C. 1574)
is amended--
(A) in the section heading to read as follows:
``SEC. 164. FISCAL CONTROLS; SANCTIONS.'';
(B) in subsection (a)--
(i) by striking ``(a)(1)'' and inserting the following:
``(a) Establishment of Fiscal Controls by States.--
``(1) In general.--''; and
(ii) in paragraph (2), by striking ``(2)'' and inserting
``(2) Regulations.--'' and moving such paragraph two ems to
the right;
(C) in subsection (e)--
(i) by striking ``(e)(1)'' and inserting the following:
``(e) Repayment of Amounts.--
``(1) In general.--'';
(ii) in paragraph (2), by striking ``(2)'' and inserting
``(2) Factors in imposing sanctions.--'' and moving such
paragraph two ems to the right; and
(iii) in paragraph (3), by striking ``(3)'' and inserting
``(3) Waiver.--'' and moving such paragraph two ems to the
right;
(D) in subsection (f), by striking ``(f)'' and inserting
``(f) Immediate Termination or Suspension of Assistance in
Emergency Situations.--'';
(E) in subsection (g), by striking ``(g)'' and inserting
``(g) Discrimination Against Participants.--''; and
(F) by redesignating subsections (d), (e), (f), (g) as
subsections (c), (d), (e), and (f), respectively.
(6) Section 165.--Section 165 of such Act (29 U.S.C. 1575)
is amended--
(A) in the section heading to read as follows:
``SEC. 165. REPORTS; RECORDKEEPING; INVESTIGATIONS.'';
(B) in subsection (a)--
(i) by striking ``(a)(1)'' and inserting the following:
``(a) Reports.--
``(1) In general.--'';
(ii) in paragraph (2), by striking ``(2)'' and inserting
``(2) Submission to the secretary.--'' and moving such
paragraph two ems to the right; and
(iii) in paragraph (3), by striking ``(3)'' and inserting
``(3) Maintenance of standardized records.--'' and
moving such paragraph two ems to the right; and
(iv) in paragraph (4)--
(I) by striking ``(4)(A)'' and inserting ``(4) Availability
to the public.--(A)'' and moving such paragraph two ems to
the right;
(II) in subparagraph (B), by striking ``(B)'' and inserting
``(B) Exception.--'' and moving such subparagraph two ems to
the right; and
(III) in subparagraph (C), by striking ``(C)'' and
inserting ``(C) Fees to recover costs.--'' and moving such
subparagraph two ems to the right;
(C) in subsection (b)--
(i) by striking ``(b)(1)(A)'' and inserting the following:
``(b) Investigations of Use of Funds.--
``(1) In general.--(A)'';
(ii) in subparagraph (B) of paragraph (1), by moving such
subparagraph two ems to the right;
(iii) in paragraph (2), by striking ``(2)'' and inserting
``(2) Prohibition.--'' and moving such paragraph two ems to
the right; and
(iv) in paragraph (3)--
(I) by striking ``(3)(A)'' and inserting the following:
``(3) Audits.--
``(A) In general.--'';
(II) in subparagraph (B), by striking ``(B)'' and inserting
``(B) Notification requirement.--'' and moving such
subparagraph two ems to the right;
(III) in subparagraph (C), by striking ``(C)'' and
inserting ``(C) Additional requirement.--'' and moving such
subparagraph two ems to the right; and
(IV) in subparagraph (D), by striking ``(D)'' and inserting
``(D) Rule of construc- tion.--'' and moving such
subparagraph two ems to the right;
(D) in subsection (c)--
(i) by striking ``(c)'' and inserting ``(c) Accessibility
of Reports.--''; and
(ii) in paragraph (2), by striking ``service delivery
area'' and inserting ``local workforce development area'';
(E) in subsection (d)--
(i) by striking ``(d)(1)'' and inserting the following;
``(d) Information To Be Included in Reports.--
``(1) In general.--''; and
(ii) in paragraph (2), by striking ``(2)'' and inserting
``(2) Additional requirement.--'' and moving such paragraph
two ems to the right;
(F) in subsection (e), by striking ``(e)'' and inserting
``(e) Retention of Records.--'';
(G) in subsection (f)--
(i) by striking ``(f)(1)'' and inserting the following:
``(f) Quarterly Financial Reports.--
``(1) In general.--'';
(ii) by striking ``service delivery area'' and inserting
``local workforce development area''; and
(iii) in paragraph (2), by striking ``(2)'' and inserting
``(2) Additional requirement.--'' and moving such paragraph
two ems to the right; and
(H) in subsection (g), by striking ``(g)'' and inserting
``(g) Maintenance of Additional Records.--''.
(7) Section 166.--Section 166 of such Act (29 U.S.C. 1576)
is amended--
(A) in the section heading to read as follows:
``SEC. 166. ADMINISTRATIVE ADJUDICATION.'';
(B) in subsection (a), by striking ``(a)'' and inserting
the following:
``(a) In General.--'';
(C) in subsection (b), by striking ``(b)'' and inserting
the following:
``(b) Appeal.--'';
(D) in subsection (c), by striking ``(c)'' and inserting
the following:
``(c) Time Limit.--''; and
(E) in subsection (d), by striking ``(d)'' and inserting
the following:
``(d) Additional Requirement.--'';
(8) Section 169.--Section 169 of such Act (29 U.S.C. 1579)
is amended--
(A) in the section heading to read as follows:
``SEC. 169. ADMINISTRATIVE PROVISIONS.'';
(B) in subsection (a), by striking ``(a)'' and inserting
``(a) In General.--'';
(C) in subsection (b), by striking ``(b)'' and inserting
``(b) Acquisition of Certain Property and Services.--'';
(D) in subsection (c), by striking ``(c)'' and inserting
``(c) Authority To Enter Into Certain Agreements and To Make
Certain Expenditures.--''; and
(E) in subsection (d), by striking ``(d)'' and inserting
``(d) Annual Report.--''.
(9) Section 170.--Section 170 of such Act (29 U.S.C. 1580)
is amended--
(A) in the section heading to read as follows:
``SEC. 170. UTILIZATION OF SERVICES AND FACILITIES.'';
and
(B) in the first sentence, by striking ``section 169(c)''
and inserting ``section 168(c)''.
(10) Section 171.--Section 171 of such Act (29 U.S.C. 1581)
is amended in the section heading to read as follows:
``SEC. 171. OBLIGATIONAL AUTHORITY.''.
(11) Redesignation.--Sections 169, 170, 171, 172, and 173
of the Job Training Partnership Act (29 U.S.C. 1579, 1580,
and 1581), as amended or added by this Act, as the case may
be, are further amended by redesignating such sections as
sections 168, 169, 170, 171, and 172 of such Act,
respectively.
(e) Part E.--
(1) Heading.--The heading for part E of title I of such Act
is amended by redesignating such heading as the heading for
part D of title I of such Act (and conforming the typeface
for such heading in a manner similar to the typeface for the
heading for part C of title I of such Act (as amended by
subsection (b)(1)(A)).
(2) Section 183.--Section 183 of such Act (29 U.S.C. 1592),
as amended by this Act, is further amended by redesignating
such section as section 181.
SEC. 904. AMENDMENTS TO TITLE IV.
(a) Part Headings.--The following part headings of title IV
of the Job Training Partnership Act (29 U.S.C. 1671 et seq.)
are amended as follows:
(1) The heading for part A of title IV of such Act is
amended to read as follows:
``Part A--Employment and Training Programs for Native Americans and
Migrant and Seasonal Farmworkers''.
(2) The heading for part B of title IV of such Act is
amended to read as follows:
``Part B--Job Corps''.
(3) The heading for part C of title IV of such Act is
amended to read as follows:
``Part C--Veterans' Employment Programs''.
(4) The heading for part D of title IV of such Act is
amended to read as follows:
``Part D--National Activities''.
(5) The heading for part E of title IV of such Act is
amended to read as follows:
``Part E--Labor Market Information''.
(b) Section 441.--Section 441 of such Act (29 U.S.C. 1721)
is amended--
[[Page H2839]]
(1) in the section heading to read as follows:
``SEC. 441. AUTHORIZATION OF PROGRAMS.'';
(2) in subsection (a)--
(A) by striking ``(a)(1)'' and inserting the following:
``(a) Authorization.--
``(1) In general.--'';
(B) in paragraph (2), by striking ``(2)'' and inserting
``(2) Conduct of programs.--'' and moving such paragraph two
ems to the right; and
(C) in paragraph (3), by striking ``(3)'' and inserting
``(3) Required activities.--'' and moving such paragraph two
ems to the right; and
(3) in subsection (b)--
(A) by striking ``(b)(1)'' and inserting the following:
``(b) Administration of Programs.--
``(1) In general.--''; and
(B) in paragraph (2), by striking ``(2)'' and inserting
``(2) Additional responsibilities.--'' and moving such
paragraph two ems to the right.
(c) Section 455.--Section 455 of such Act (29 U.S.C. 1735)
is amended--
(1) in the section heading to read as follows:
``SEC. 455. UNIFORM REPORTING REQUIREMENTS.'';
and
(2) by redesignating such section as section 453.
(d) Section 461.--Section 461 of such Act (29 U.S.C. 1751)
is amended--
(1) in the section heading to read as follows:
``SEC. 461. LABOR MARKET INFORMATION; AVAILABILITY OF
FUNDS.'';
(2) in subsection (a), by striking ``(a)'' and inserting
``(a) Set-Aside of Funds.--'';
(3) in subsection (b)--
(A) by striking ``(b)'' and inserting ``(b) Availability
for Additional Purpose.--''; and
(B) by striking ``section 125'' and inserting ``section
467''; and
(4) in subsection (c), by striking ``(c)'' and inserting
``(c) Availability of Other Funds.--''.
(e) Section 462.--Section 462 of such Act (29 U.S.C. 1752)
is amended--
(1) in the section heading to read as follows:
``SEC. 462. COOPERATIVE LABOR MARKET INFORMATION PROGRAM.'';
(2) in subsection (a), by striking ``(a)'' and inserting
``(a) Data on Current Employment.--'';
(3) in subsection (b), by striking ``(b)'' and inserting
``(b) Maintenance of Descriptions of Job Duties and Related
Informa tion.--'';
(4) in subsection (c), by striking ``(c)'' and inserting
``(c) Additional Requirements.--'';
(5) in subsection (d)--
(A) by striking ``(d)(1)'' and inserting the following:
``(d) Data for Annual Statistical Measure of Labor Market
Related Economic Hardship.--
``(1) In general.--'';
(B) in paragraph (2), by striking ``(2)'' and inserting
``(2) Household budget data.--'' and moving such paragraph
two ems to the right; and
(C) in paragraph (3), by striking ``(3)'' and inserting
``(3) Report.--'' and moving such paragraph two ems to the
right;
(6) in subsection (e), by striking ``(e)'' and inserting
``(e) Statistical Data Relating to Permanent Lay-Offs and
Plant Closings.--''
(7) in subsection (f)--
(A) by striking ``(f)(1)'' and inserting the following:
``(f) Data Relating to Permanent Dislocation of Farmers and
Ranchers.--
``(1) In general.--'';
(B) in paragraph (1), by moving subparagraphs (A) through
(E) two ems to the right; and
(C) in paragraph (2), by striking ``(2)'' and inserting
``(2) Report.--'' and moving such paragraph two ems to the
right; and
(8) by striking subsection (g).
(f) Section 463.--Section 463 of such Act (29 U.S.C. 1753)
is amended--
(1) in the section heading to read as follows:
``SEC. 463. SPECIAL FEDERAL RESPONSIBILITIES.'';
(2) in subsection (a), by striking ``(a)'' and inserting
``(a) Review and Application of Labor Market Information.--
'';
(3) in subsection (b), by striking ``(b)'' and inserting
``(b) Integrated Occupational Supply and Demand Information
Sys- tem.--''; and
(4) in subsection (c), by striking ``(c)'' and inserting
``(c) Sufficient Funds for Staffing.--''.
(g) Section 464.--Section 464 of such Act (29 U.S.C. 1754)
is amended--
(1) in the section heading to read as follows:
``SEC. 464. NATIONAL OCCUPATIONAL INFORMATION COORDINATING
COMMITTEE.'';
(2) in subsection (a)--
(A) by striking ``(a)(1)'' and inserting the following:
``(a) Reservation.--
``(1) In general.--'';
(B) in paragraph (2), by striking ``(2)'' and inserting
``(2) Additional members.--'' and moving such paragraph two
ems to the right; and
(C) in paragraph (3), by striking ``(3)'' and inserting
``(3) Additional requirement.--'' and moving such paragraph
two ems to the right;
(3) in subsection (b), by striking ``(b)'' and inserting
``(b) Additional Responsibilities.--''; and
(4) in subsection (c), by striking ``(c)'' and inserting
``(c) Use of Funds.--''.
(h) Section 465.--Section 465 of such Act (29 U.S.C. 1755)
is amended in the section heading to read as follows:
``SEC. 465. JOB BANK PROGRAM.''.
(i) Section 466.--Section 466 of such Act (as redesignated)
is amended--
(1) in the section heading to read as follows:
``SEC. 466. STATE JOB BANK SYSTEMS.'';
(2) in subsection (a) (as redesignated), by striking
``(a)'' and inserting ``(a) In General.--''; and
(3) in subsection (b) (as redesignated), by striking
``(b)'' and inserting ``(b) Computerized Data Systems.--''.
(j) Section 467.--Section 467 of such Act (as redesignated)
is amended--
(1) in the section heading to read as follows:
``SEC. 467. STATE LABOR MARKET INFORMATION PROGRAMS.'';
(2) in subsection (a), by striking ``(a)'' and inserting
the following:
``(a) In General.--'';
(3) in subsection (b), by striking ``(b)'' and inserting
the following:
``(b) Additional Requirements.--'';
(4) in subsection (c), by striking ``(c)'' and inserting
the following:
``(c) Reimbursements.--''; and
(5) in subsection (d), by striking ``(d)'' and inserting
the following:
``(d) Combination or Consolidation of Certain Reporting
Requirements.--''.
SEC. 905. AMENDMENTS TO TITLE VI.
The Job Training Partnership Act (29 U.S.C. 1501 et seq.)
is amended by striking the heading for title VI of such Act.
SEC. 906. CLARIFICATION.
Nothing in this Act, the amendments made by this Act, or
any law amended by this Act shall be construed to supplant or
modify the requirements for registration of an apprenticeship
program under the National Apprenticeship Act.
Subtitle B--Amendments to Other Acts
SEC. 911. AMENDMENTS TO OTHER ACTS.
The following Acts are amended as follows:
(1) Title 5, united states code.--Section 3502(d) of title
5, United States Code, is amended--
(A) in paragraph (3)--
(i) in subparagraph (A)(i), by striking ``or units
(referred to in section 311(b)(2) of the Job Training
Partnership Act)'' and inserting ``referred to in section
313(a)(2)(B)(i) of the Employment, Training, and Literacy
Enhancement Act''; and
(ii) in subparagraph (B)(iii), by striking ``Job Training
Partnership Act'' and inserting ``Employment, Training, and
Literacy Enhancement Act''; and
(B) in paragraph (4), in the second sentence, by striking
``Job Training Partnership Act'' and inserting ``Employment,
Training, and Literacy Enhancement Act''.
(2) Food stamp act of 1977.--
(A) Section 5.--Section 5(l) of the Food Stamp Act of 1977
(7 U.S.C. 2014(l)) is amended by striking ``section 142(b) of
the Job Training Partnership Act (29 U.S.C. 1552(b))'' and
inserting ``title II, III, or IV of the Employment, Training,
and Literacy Enhancement Act''.
(B) Section 6.--Section 6 of the Food Stamp Act of 1977 (7
U.S.C. 2015) is amended--
(i) in subsection (d)(4)(M), by striking ``Job Training
Partnership Act'' and inserting ``Employment, Training, and
Literacy Enhancement Act''; and
(ii) in subsection (e)(3), by striking subparagraph (A) and
inserting the following:
``(A) a program under title II, III, or IV of the
Employment, Training, and Literacy Enhancement Act;''.
(C) Section 17.--The second sentence of section 17(b)(2) of
the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended--
(i) by striking ``to accept an offer of employment from a
political subdivision or a prime sponsor pursuant to the
Comprehensive Employment and Training Act of 1973, as amended
(29 U.S.C. 812),'' and inserting ``to accept an offer of
employment from a service provider carrying out employment
and training activities through a program carried out under
title II, III, or IV of the Employment, Training, and
Literacy Enhancement Act,''; and
(ii) by striking ``: Provided, That all of the political
subdivision's'' and all that follows and inserting ``, if all
of the jobs supported under the program have been made
available to participants in the program before the service
provider providing the jobs extends an offer of employment
under this paragraph, and if the service provider, in
employing the person, complies with the requirements of
Federal law that relate to the program.''.
(3) Immigration and nationality act.--Section 245A(h)(4)(F)
of the Immigration and Nationality Act (8 U.S.C.
1255a(h)(4)(F)) is amended by striking ``The Job Training
Partnership Act.'' and inserting ``The Employment, Training,
and Literacy Enhancement Act.''.
(4) Refugee education assistance act of 1980.--Section
402(a)(4) of the Refugee Education Assistance Act of 1980 (8
U.S.C. 1522 note) is amended by striking ``the Comprehensive
Employment and Training Act of 1973'' and inserting ``the
Employment, Training, and Literacy Enhancement Act''.
[[Page H2840]]
(5) National defense authorization act for fiscal year
1993.--
(A) Section 3161.--Section 3161(c)(6) of the National
Defense Authorization Act for Fiscal Year 1993 (42 U.S.C.
7274h(c)(6)) is amended by striking ``Job Training
Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting
``title II, III, or IV of the Employment, Training, and
Literacy Enhancement Act''.
(B) Section 4461.--Section 4461(1) of the National Defense
Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143 note)
is amended by striking ``The Job Training Partnership Act (29
U.S.C. 1501 et seq.).'' and inserting ``The Employment,
Training, and Literacy Enhancement Act.''.
(C) Section 4471.--Section 4471 of the National Defense
Authorization Act for Fiscal Year 1993 (10 U.S.C. 2501 note)
is amended--
(i) in subsection (c)(2), by striking ``section 311(b)(2)
of the Job Training Partnership Act (29 U.S.C. 1661(b)(2))''
and inserting ``313(a)(2)(B)(i) of the Employment, Training,
and Literacy Enhancement Act'';
(ii) in subsection (d)--
(I) in the first sentence, by striking ``for training,
adjustment assistance, and employment services'' and all that
follows through ``except where'' and inserting ``to
participate in employment and training activities carried out
under the Employment, Training, and Literacy Enhancement
Act, except in a case in which''; and
(II) by striking the second sentence; and
(iii) in subsection (e), by striking ``for training,'' and
all that follows through ``beginning'' and inserting ``to
participate in employment and training activities under the
Employment, Training, and Literacy Enhancement Act
beginning''.
(6) National defense authorization act for fiscal year
1991.--Section 4003(5)(C) of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 2391 note)
is amended by inserting before the period the following: ``,
as in effect on the day before the date of the enactment of
the Employment, Training, and Literacy Enhancement Act of
1997''.
(7) National defense authorization act for fiscal year
1994.--Section 1333(c)(2)(B) of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 2701 note)
is amended by striking ``Private industry councils (as
described in section 102 of the Job Training Partnership Act
(29 U.S.C. 1512)).'' and inserting ``Local workforce
development boards established under section 122 of the
Employment, Training, and Literacy Enhancement Act.''.
(8) Small business act.--The fourth sentence of section
7(j)(13)(E) of the Small Business Act (15 U.S.C.
636(j)(13)(E)) is amended by striking ``under the Job
Training Partnership Act (29 U.S.C. 1501 et seq.)'' and
inserting ``under section 124 of the Employment, Training,
and Literacy Enhancement Act''.
(9) Employment act of 1946.--Section 4(f)(2)(B) of the
Employment Act of 1946 (15 U.S.C. 1022a(f)(2)(B)) is amended
by striking ``and include these in the annual Employment and
Training Report of the President required under section
705(a) of the Comprehensive Employment and Training Act of
1973 (hereinafter in this Act referred to as `CETA')'' and
inserting ``and prepare and submit to the President an annual
report containing the recommendations''.
(10) Full employment and balanced growth act of 1978.--
(A) Section 206.--Section 206 of the Full Employment and
Balanced Growth Act of 1978 (15 U.S.C. 3116) is amended--
(i) in subsection (b)--
(I) in the matter preceding paragraph (1), by striking
``CETA'' and inserting ``the Employment, Training, and
Literacy Enhancement Act''; and
(II) in paragraph (1), by striking ``(including use of
section 110 of CETA when necessary)''; and
(ii) in subsection (c)(1), by striking ``through the
expansion of CETA and other''.
(B) Section 401.--Section 401(d) of the Full Employment and
Balanced Growth Act of 1978 (15 U.S.C. 3151(d)) is amended by
striking ``include, in the annual Employment and Training
Report of the President provided under section 705(a) of
CETA,'' and inserting ``include, in the annual report
referred to in section 4(f)(2)(B) of the Employment Act of
1946 (15 U.S.C. 1022a(f)(2)(B)),''.
(11) Title 18, united states code.--Subsections (a), (b),
and (c) of section 665 of title 18, United States Code are
amended by striking ``or the Job Training Partnership Act''
and inserting ``the Job Training Partnership Act, or the
Employment, Training, and Literacy Enhancement Act''.
(12) Trade act of 1974.--Section 239(e) of the Trade Act of
1974 (19 U.S.C. 2311(e)) is amended by striking ``Job
Training Partnership Act'' and inserting ``Employment,
Training, and Literacy Enhancement Act''.
(13) Higher education act of 1965.--Section 480(b)(14) of
the Higher Education Act of 1965 (20 U.S.C. 1087vv(b)(14)) is
amended by striking ``Job Training Partnership Act'' and
inserting ``received through participation under title II,
III, or IV of the Employment, Training, and Literacy
Enhancement Act''.
(14) Individuals with disabilities education act.--Section
626 of the Individuals with Disabilities Education Act (20
U.S.C. 1425) is amended--
(A) in the first sentence of subsection (a), by striking
``(including the State job training coordinating councils and
service delivery area administrative entities established
under the Job Training Partnership Act)'' and
inserting ``(including the State collaborative process
under of section 102 of the Employment, Training, and
Literacy Enhancement Act and local workforce development
boards established under section 122 of such Act)'';
(B) in subsection (e)--
(i) in paragraph (3)(C), by striking ``local Private
Industry Councils (PICS) authorized by the Job Training
Partnership Act (JTPA),'' and inserting ``local workforce
development boards established under section 122 of the
Employment, Training, and Literacy Enhancement Act,'';
(ii) in paragraph (4)(A)(iii), by striking ``local Private
Industry Councils (PICS) authorized by the JTPA,'' and
inserting ``local workforce development boards established
under section 122 of the Employment, Training, and Literacy
Enhancement Act,''; and
(iii) in clauses (iii), (iv), (v), and (vii) of paragraph
(4)(B), by striking ``PICS authorized by the JTPA'' and
inserting ``local workforce development boards established
under section 122 of the Employment, Training, and Literacy
Enhancement Act''; and
(C) in subsection (g), by striking ``the Job Training
Partnership Act (JTPA),'' and inserting ``the Employment,
Training, and Literacy Enhancement Act,''.
(15) Department of education organization act.--Subsection
(a) of section 302 of the Department of Education
Organization Act (20 U.S.C. 3443(a)) (as redesignated in
section 271(a)(2) of the Improving America's Schools Act of
1994) is amended by striking ``under section 303(c)(2) of the
Comprehensive Employment and Training Act'' and inserting
``relating to such education''.
(16) National skill standards act of 1994.--
(A) Section 504.--Section 504(c)(3) of the National Skill
Standards Act of 1994 (20 U.S.C. 5934(c)(3)) is amended by
striking ``the Capacity Building and Information and
Dissemination Network established under section 453(b) of the
Job Training Partnership Act (29 U.S.C. 1733(b)) and''.
(B) Section 508.--Section 508(1) of the National Skill
Standards Act of 1994 (20 U.S.C. 5938(1)) is amended to read
as follows:
``(1) 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 and career development activities, as
defined in section 4 of the Employment, Training, and
Literacy Enhancement Act.''.
(17) Elementary and secondary education act of 1965.--
(A) Section 1205.--Section 1205(8)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6365(8)(B)) is
amended by striking ``, the Adult Education Act, the
Individuals with Disabilities Education Act, and the Job
Training Partnership Act'' and inserting ``the Individuals
with Disabilities Education Act, and the Employment,
Training, and Literacy Enhancement Act''.
(B) Section 1414.--Section 1414(c)(8) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6434(c)(8)) is
amended by striking ``programs under the Job Training
Partnership Act,'' and inserting ``activities under the
Employment, Training, and Literacy Enhancement Act,''.
(C) Section 1423.--Section 1423(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6453(9)) is
amended by striking ``programs under the Job Training and
Partnership Act'' and inserting ``activities under the
Employment, Training, and Literacy Enhancement Act''.
(D) Section 1425.--Section 1425(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6455(9)) is
amended by striking ``, such as funds under the Job Training
Partnership Act,'' and inserting ``, such as funds made
available under the Employment, Training, and Literacy
Enhancement Act,''.
(18) Freedom support act.--The last sentence of section 505
of the FREEDOM Support Act (22 U.S.C. 5855) is amended by
striking ``, through the Defense Conversion'' and all that
follows through ``or through'' and inserting ``or through''.
(19) Emergency jobs and unemployment assistance act of
1974.--
(A) Section 204.--Section 204(b) of the Emergency Jobs and
Unemployment Assistance Act of 1974 (26 U.S.C. 3304 note) is
amended by striking ``designate as an area'' and all that
follows and inserting ``designate as an area under this
section an area that is a local workforce development area
under the Employment, Training, and Literacy Enhancement
Act.''.
(B) Section 223.--Section 223 of the Emergency Jobs and
Unemployment Assistance Act of 1974 (26 U.S.C. 3304 note) is
amended--
(i) in paragraph (3), by striking ``assistance provided''
and all that follows and inserting ``assistance provided
under the Employment, Training, and Literacy Enhancement
Act;''; and
(ii) in paragraph (4), by striking ``funds provided'' and
all that follows and inserting ``funds provided under the
Employment, Training, and Literacy Enhancement Act;''.
(20) Job training reform amendments of 1992.--Section 701
of the Job Training Reform Amendments of 1992 (29 U.S.C. 1501
note) is repealed.
(21) Public law 98-524.--Section 7 of Public Law 98-524 (29
U.S.C. 1551 note) is repealed.
(22) Veterans' benefits and programs improvement act of
1988.--Section 402 of the
[[Page H2841]]
Veterans' Benefits and Programs Improvement Act of 1988 (29
U.S.C. 1721 note) is amended--
(A) in subsection (a), by striking ``title III of the Job
Training Partnership Act (29 U.S.C. 1651 et seq.)'' and
inserting ``the Employment, Training, and Literacy
Enhancement Act'';
(B) in subsection (c), by striking ``Training, in
consultation with the office designated or created under
section 322(b) of the Job Training Partnership Act,'' and
inserting ``Training''; and
(C) in subsection (d)--
(i) in paragraph (1), by striking ``under--'' and all that
follows through ``the Veterans' '' and inserting ``under the
Veterans' ''; and
(ii) in paragraph (2), by striking ``Employment and
training'' and all that follows and inserting ``Employment,
training, and literacy activities under the Employment,
Training, and Literacy Enhancement Act.''.
(23) Veterans' job training act.--
(A) Section 13.--Section 13(b) of the Veterans' Job
Training Act (29 U.S.C. 1721 note) is amended by striking
``assistance under the Job Training Partnership Act (29
U.S.C. 1501 et seq.)'' and inserting ``assistance under the
Employment, Training, and Literacy Enhancement Act''.
(B) Section 14.--Section 14(b)(3)(B)(i)(II) of the
Veterans' Job Training Act (29 U.S.C. 1721 note) is amended
by striking ``under part C of title IV of the Job Training
Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting
``under the Employment, Training, and Literacy Enhancement
Act''.
(C) Section 15.--Section 15(c)(2) of the Veterans' Job
Training Act (29 U.S.C. 1721 note) is amended--
(i) in the second sentence, by striking ``part C of title
IV of the Job Training Partnership Act (29 U.S.C. 1501 et
seq.)'' and inserting ``the Employment, Training, and
Literacy Enhancement Act''; and
(ii) in the third sentence, by striking ``title III of''.
(24) Worker adjustment and retraining notification act.--
Section 3(a)(2) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2102(a)(2)) is amended by
striking ``title III of the Job Training Partnership Act''
and inserting ``title II, III, or IV of the Employment,
Training, and Literacy Enhancement Act''.
(25) Title 31, united states code.--Section 6703(a) of
title 31, United States Code, is amended by striking
paragraph (4) and inserting the following:
``(4) Programs under title III or IV of the Employment,
Training, and Literacy Enhancement Act.''.
(26) Veterans' rehabilitation and education amendments of
1980.--Section 512 of the Veterans' Rehabilitation and
Education Amendments of 1980 (38 U.S.C. 4101 note) is amended
by striking ``the Comprehensive Employment and Training Act
(29 U.S.C. et seq.),'' and inserting ``the Employment,
Training, and Literacy Enhancement Act,''.
(27) Title 38, united states code.--
(A) Section 4102a.--Section 4102A(d) of title 38, United
States Code, is amended by striking ``the Job Training
Partnership Act'' and inserting ``the Employment, Training,
and Literacy Enhancement Act''.
(B) Section 4103a.--Section 4103A(c)(4) of title 38, United
States Code, is amended by striking ``Job Training
Partnership Act (29 U.S.C. 1501 et seq.))'' and inserting
``Employment, Training, and Literacy Enhancement Act)''.
(C) Section 4213.--Section 4213 of title 38, United States
Code, is amended by striking ``Job Training Partnership Act
(29 U.S.C. 1501 et seq.),'' and inserting ``Employment,
Training, and Literacy Enhancement Act,''.
(28) United states housing act of 1937.--Section 23 of the
United States Housing Act of 1937 (42 U.S.C. 1437u) is
amended--
(A) in subsection (b)(2)(A), by striking ``the Job
Training'' and all that follows through ``or the'' and
inserting ``the Employment, Training, and Literacy
Enhancement Act or the'';
(B) in the first sentence of subsection (f)(2), by striking
``programs under the'' and all that follows through ``and
the'' and inserting ``programs under title II, III, or IV of
the Employment, Training, and Literacy Enhancement Act and
the''; and
(C) in subsection (g)--
(i) in paragraph (2), by striking ``programs under the''
and all that follows through ``and the'' and inserting
``programs under title II, III, or IV of the Employment,
Training, and Literacy Enhancement Act and the''; and
(ii) in paragraph (3)(H), by striking ``program under'' and
all that follows through ``and any other'' and inserting
``program under title II, III, or IV of the Employment,
Training, and Literacy Enhancement Act and any other''.
(29) Housing act of 1949.--Section 504(c)(3) of the Housing
Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking
``pursuant to'' and all that follows through ``or the'' and
inserting ``pursuant to the Employment, Training, and
Literacy Enhancement Act or the''.
(30) Older americans act of 1965.--
(A) Section 203.--Section 203 of the Older Americans Act of
1965 (42 U.S.C. 3013) is amended--
(i) in subsection (a)(2), by striking the last sentence and
inserting the following: ``In particular, the Secretary of
Labor and the Secretary of Education shall consult and
cooperate with the Assistant Secretary in carrying out the
Employment, Training, and Literacy Enhancement Act of
1997.''; and
(ii) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) the Employment, Training, and Literacy Enhancement
Act,''.
(B) Section 502.--Section 502 of the Older Americans Act of
1965 (42 U.S.C. 3056) is amended--
(i) in subsection (b)(1)(N)(i), by striking ``the Job
Training Partnership Act (29 U.S.C. 1501 et seq.)'' and
inserting ``the Employment, Training, and Literacy
Enhancement Act''; and
(ii) in subsection (e)(2)(C), by striking ``programs
carried out under section 124 of the Job Training Partnership
Act (29 U.S.C. 1534)'' and inserting ``employment and
training activities carried out under title III of the
Employment, Training, and Literacy Enhancement Act''.
(C) Section 503.--Section 503(b)(1) of the Older Americans
Act of 1965 (42 U.S.C. 3056a(b)(1)) is amended by striking
``the Job Training Partnership Act,'' each place it appears
and inserting ``the Employment, Training, and Literacy
Enhancement Act,''.
(31) Omnibus crime control and safe streets act of 1968.--
Section 1801(b)(3) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ee(b)(3)) is amended by
striking ``Job Training Partnership Act (relating to Job
Corps) (29 U.S.C. 1691 et seq.)'' and inserting ``Employment,
Training, and Literacy Enhancement Act''.
(32) Environmental programs assistance act of 1984.--The
second sentence of section 2(a) of the Environmental Programs
Assistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by
striking ``Job Training Partnership Act'' and inserting
``Employment, Training, and Literacy Enhancement Act''.
(33) Domestic volunteer service act of 1973.--
(A) Section 103.--Section 103(d) of the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4953(d)) is amended in the
second sentence to read as follows: ``Whenever feasible, such
efforts shall be coordinated with a local workforce
development board established under section 122 of the
Employment, Training, and Literacy Enhancement Act.''.
(B) Section 109.--Subsections (c)(2) and (d)(2) of section
109 of the Domestic Volunteer Service Act of 1973 (42 U.S.C.
4959) is amended by striking ``Job Training Partnership Act''
and inserting ``Employment, Training, and Literacy
Enhancement Act''.
(34) Age discrimination act of 1975.--Section 304(c)(1) of
the Age Discrimination Act of 1975 (42 U.S.C. 6103(c)(1)) is
amended by striking ``the Comprehensive Employment and
Training Act of 1974 (29 U.S.C. 801, et seq.), as amended,''
and inserting ``the Employment, Training, and Literacy
Enhancement Act''.
(35) Energy conservation and production act.--Section
414(b)(3) of the Energy Conservation and Production Act (42
U.S.C. 6864(b)(3)) is amended by striking ``the Comprehensive
Employment and Training Act of 1973'' and inserting ``the
Employment, Training, and Literacy Enhancement Act''.
(36) National energy conservation policy act.--Section 233
of the National Energy Conservation Policy Act (42 U.S.C.
6873) is amended, in the matter preceding paragraph (1), by
striking ``the Comprehensive Employment and Training Act of
1973'' and inserting ``the Employment, Training, and Literacy
Enhancement Act''.
(37) Community economic development act of 1981.--Section
617(a)(3) of the Community Economic Development Act of 1981
(42 U.S.C. 9806(a)(3)) is amended by striking ``activities
such as those described in the Comprehensive Employment and
Training Act'' and inserting ``employment and training
activities described in the Employment, Training, and
Literacy Enhancement Act''.
(38) Stewart b. mckinney homeless assistance act.--Section
103(b)(2) of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11302(b)(2)) is amended by striking ``the Job
Training Partnership Act'' and inserting ``the Employment,
Training, and Literacy Enhancement Act''.
(39) National and community service act of 1990.--
(A) Section 177.--Section 177(d) of the National and
Community Service Act of 1990 (42 U.S.C. 12637(d)) is amended
by striking ``Job Training Partnership Act'' each place it
appears and inserting ``Employment, Training, and Literacy
Enhancement Act''.
(B) Section 198c.--Section 198C of the National and
Community Service Act of 1990 (42 U.S.C. 12653c) is amended--
(i) in subsection (b)(1), by striking ``a military
installation described in section 325(e)(1) of the Job
Training Partnership Act (29 U.S.C. 1662d(e)(1)).'' and
inserting ``a military installation being closed or realigned
under--
``(A) the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note); and
``(B) title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10
U.S.C. 2687 note).''; and
(ii) in subsection (e)(1)(B)(iii), by striking ``Job
Training Partnership Act (29 U.S.C. 1693)'' and inserting
``Employment, Training, and Literacy Enhancement Act''.
(C) Section 199l.--Section 199L(a) of the National and
Community Service Act of 1990 (42 U.S.C. 12655m(a)) is
amended by striking ``the Job Training Partnership Act (29
U.S.C. 1501 et seq.)'' and inserting ``the Employment,
Training, and Literacy Enhancement Act''.
(40) Cranston-gonzalez national affordable housing act.--
[[Page H2842]]
(A) Section 454.--Subparagraphs (H) and (M) of subsection
(c)(2), and subsection (d)(7), of section 454 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12899c) are amended by striking ``the Job Training
Partnership Act'' and inserting ``the Employment,
Training, and Literacy Enhancement Act''.
(B) Section 456.--The first sentence of section 456(e) of
the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12899e(e)) is amended by striking ``the Job Training
Partnership Act'' each place it appears and inserting ``the
Employment, Training, and Literacy Enhancement Act''.
(41) Violent crime control and law enforcement act of
1994.--Section 31113(a)(4)(C) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is
amended by inserting after ``the Job Training Partnership Act
(29 U.S.C. 1501 et seq.)'' the following: ``, title II, III,
or IV of the Employment, Training, and Literacy Enhancement
Act,''.
(42) Personal responsibility and work opportunity
reconciliation act of 1996.--Section 403(c)(2)(K) and section
423(d)(11) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1613(c)(2)(K) and 1138a note) are amended by striking ``Job
Training Partnership Act'' each place it appears and
inserting ``Employment, Training, and Literacy Enhancement
Act''.
TITLE X--EFFECTIVE DATE AND TRANSITION PROVISIONS
SEC. 1001. EFFECTIVE DATE.
This division and the amendments made by this division
shall take effect on July 1, 1998.
SEC. 1002. TRANSITION PROVISIONS.
``(a) In General.--The Secretary of Education and the
Secretary of Labor, as appropriate, shall take such steps as
such Secretaries determine to be appropriate to provide for
the orderly transition from any authority under provisions of
law amended or repealed by this division or any related
authority under the provisions of this division.
(b) Extended Transition Period.--
(1) In general.--If, on or before July 1, 1997, a State has
enacted a State statute that provides for the establishment
or conduct of three or more of the programs, projects, or
activities described in subparagraphs (A) through (E) or
paragraph (2), the State shall not be required to comply with
provisions of this Act that conflict with such State statute
for the period ending three years after the date of enactment
of this Act.
(2) Programs, projects, and activities described.--The
programs, projects, and activities described in this
paragraph are the following:
(A) Establishment of human resource investment councils or
substate councils.
(B) Reorganization or consolidation of State agencies with
responsibility for State employment and training programs.
(C) Reorganization or consolidation of State employment and
training programs.
(D) Restructuring of local delivery systems for State
employment and training programs.
(E) Development or restructuring of State accountability or
oversight systems to focus on performance.
Amendment No. 2 offered by Mr. Graham
Mr. GRAHAM. Mr. Chairman, I offer amendment No. 2, printed in the
Record.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Graham:
Page 15, line 18, after ``services'' insert ``provided to
participants on a voluntary basis''.
Page 15, line 20, after ``family'' insert ``(such as
eliminating or reducing welfare dependency)''.
Page 16, strike lines 1 through 3 and insert the following:
``(B) Equipping parents to partner with their children in
learning.''
Page 16, strike lines 6 through 8 and insert the following:
``(D) Appropriate instruction for children of parents
receiving parent literacy services.''
Page 28, line 11, after ``award'' insert ``not less than
1''.
Page 28, line 11, strike ``grants'' and insert ``grant''.
Page 52, after line 12, add the following:
``(7) Limitation.--Nothing in this Act shall be construed
to provide local workforce development boards with the
authority to mandate curriculum for schools.''
Page 179, line 10, after ``adults,'' insert ``on a
voluntary basis,''.
Page 179, line 12, after ``parents,'' insert ``on a
voluntary basis,''.
Page 184, after line 5, insert the following:
``SEC. 305. HOME SCHOOLS.
``Nothing in this title shall be construed to affect home
schools, nor to compel a parent engaged in home schooling to
participate in an English literacy program, family literacy
services, or adult education.''
Page 192, line 6, strike ``, such as'' and all that follows
through line 11 and insert a semicolon.
Page 192, line 19, strike ``gains;'' and insert ``gains and
uses instructional practices, such as phonemic awareness and
systematic phonics, that research has proven to be effective
in teaching individuals to read,''.
Page 194, line 11, after ``including'' insert ``instruction
incorporation phonemic awareness and systematic phonics
and''.
Page 195, line 5, strike ``curricula;'' and insert
``curricula, including curricula incorporating phonemic
awareness and systematic phonics;''.
Page 199, line 10, strike ``available'' and insert
``available, including the work of the National Institute of
Child Health and Human Development in the area of phonemic
awareness and systematic phonics,''.
Page 201, beginning on line 4, after ``including'' insert
``instruction'' in phonemic awareness and systematic phonics
and''.
Page 201, line 5, strike ``such'' and insert ``literacy and
basic skills''.
Page 201, line 22, before ``research'' insert ``reliable
and replicable''.
Page 202, line 8, strike ``promise;'' and insert ``promise,
including phonemic awareness and systematic phonics based on
the work of the National Institute of Child Health and Human
Development;''.
Page 204, line 3, before ``research'' insert `'reliable and
replicable''.
Page 210, line 9, strike ``adults;'' and insert ``adults,
including instructional practices using phonemic awareness
and systematic phonics based on the work of the National
Institute of Child Health and Human Development;''.
Page 211, line 24, strike ``A'' and insert ``A, and based
on scientific evidence, where available.''.
Mr. GRAHAM. Mr. Chairman, to begin with, I, too, would like to thank
Chairman Goodling and Chairman McKeon and the gentleman from Michigan,
Mr. Kildee, for putting together a bill that has been a very difficult
task, but I think most of all for the good.
The committee has come together in a bipartisan fashion to address
some problems long overdue to be addressed, and to rescind duplication
and get local control for the 21st century, something I think most
Americans agree with.
I have some amendments, I think, that are very appropriate, and I
hope we can agree upon them. There are things about the bill that I
would like to have changed that we cannot get an agreement upon.
Federal school-to-work, I would like that to cease now, because I
believe that program, the school-to-work program, should be run at the
local level. But under the program that we have today, Federal school-
to-work will terminate in 2 years, and given our current situation,
that is something that I will have to live with. On balance, the bill
is very good.
The amendment that I offer today addresses concerns of family groups
that I think are very legitimate, and to understand where people are
coming from, a lot of folks are concerned that when we do things in
Washington and when we do things at the State level, that does limit
choices. Any time the government gets involved in an area, to me we
need to do so as cautiously as possible, and allow people choices that
are good for their community and their family.
One thing that we have done with this amendment is we have clearly
stated that nothing in this bill should be construed to affect home
schoolers, or compel a parent engaged in home schooling to participate
in the literacy program, family literacy services, or adult education.
What we are trying to do here is to preserve the right to home school
and make this program truly voluntary, and if a parent who is a home
schooler does not want to participate, they certainly do not have to.
When we talk about teaching reading and how to bring about literacy,
one of the things that is important to me is that we have a full menu,
and that phonics, I think a tried and true method of teaching literacy,
be included. This amendment ensures that phonics will have a systematic
approach and a place in the literacy program, something I believe that
is very necessary and very appropriate.
The last thing is that the gentleman from Texas [Mr. Paul] talked
about local work force development boards. If you had to pick between
Washington and home, I pick home. The local work force development
boards are going to be made up of local official business leaders, who
I think have the best chance of telling us what the job market is like
a lot better than we do here in Washington. We are going to allow them
unprecedented flexibility and ability to shape a work force so people,
when they get out of school, are ready to go to work, and hopefully we
can reduce the welfare rolls early on by giving the people the skills
they need to be competitive in the 21st century.
[[Page H2843]]
One thing we do not want to do is we do not want to mix job training
with setting curriculum. Curriculum should be set by local educators
and parents. I have offered an amendment that clearly says that the
local work force development boards do not have any authority to
mandate school curriculum. I think that is an amendment that clarifies
and clearly limits and defines the roll of the work force development
board, to make sure that parents and teachers control curriculum and
not some other group we set up in the area of job training.
On balance, the bill moves the ball forward. I am very proud to have
been a part of it. Any time we make major changes, we do not make
everybody happy. That is democracy. I think we have brought some common
sense to bear on programs that lack common sense, and local people are
more empowered today to affect the job training and education of their
children than they were before this bill began.
In my district we have lost 40 percent work force at the Savannah
River site, the largest Department of Energy facility in the Nation.
The reforms in this bill will allow more flexibility, more assets to be
used in the local community to make sure that those people in my
district and other districts who are losing their jobs have a chance to
get retrained and go back into the work force.
On balance, I believe this is a good bill, and the amendments I offer
I think will strengthen the bill.
Mr. McKEON. Mr. Chairman, I move to strike the last word.
Mr. Chairman, the gentleman from South Carolina [Mr. Graham] serves
as the vice chairman of the subcommittee, and has been very diligent in
working to make this bill better. We would have no objection to this
amendment.
Mr. KILDEE. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, we learned of this amendment late yesterday afternoon,
and had only a brief opportunity to go over it. However, we were able
to work to make some changes in it. I believe the amendment now is
acceptable. I believe it is important, however, that we reserve the
right to look at it again in conference with the Senate.
Mr. HILLEARY. Mr. Chairman, I rise in support of the amendment
offered by my good friend Mr. Graham because it makes some necessary
improvements to H.R. 1385 in the areas of adult education and literacy.
First, this amendment makes clear that all participation in adult
education and family literacy programs is strictly voluntary. It also
stipulates that this legislation has no impact on homeschools, nor can
it compel homeschooling parents to participate in these programs.
Second, the amendment clarifies that the intent of the programs is to
strengthen the literacy skills of parents and their children. This will
help equip parents to work with their children effectively in the
learning process.
Most importantly, this amendment clarifies that local work force
development boards do not have any authority to mandate school
curriculum. Workforce development boards are only authorized to manage
training programs, not usurp the authority of local elected officials
and school administrators. I encourage my colleagues to support this
amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from South Carolina [Mr. Graham].
The amendment was agreed to.
Amendments Offered by Mr. Traficant
Mr. TRAFICANT. Mr. Chairman, I have three amendments spread over this
bill. They are all the same. But to cover the bill with the Buy-
American Act, I ask unanimous consent to consider en bloc these three
amendments.
The CHAIRMAN. The Clerk will report the amendments.
The Clerk read as follows:
Amendments offered by Mr. Traficant:
Page 104, line 22, strike the closed quotation marks and
the second period.
Page 104, after line 22, add the following:
``SEC. 173. BUY-AMERICAN REQUIREMENTS.
``(a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity
unless the entity agrees that in expending the funds the
entity will comply with the Buy American Act (41 U.S.C. 10a-
10c).
``(b) Sense of Congress; Requirement Regarding Notice.--
``(1) Purchase of American-made equipment and products.--In
the case of any equipment or product that may be authorized
to be purchased with financial assistance provided using
funds made available in this Act, it is the sense of the
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made
equipment and products.
``(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each
recipient of the assistance a notice describing the statement
made in paragraph (1) by the Congress.
``(c) Prohibition of Contracts With Persons Falsely
Labeling Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a `Made in America'
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.''.
Page 212, line 5, strike the closed quotation marks and the
second period.
Page 212, after line 5, insert the following:
``SEC. 323. BUY-AMERICAN REQUIREMENTS.
``(a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity
unless the entity agrees that in expending the funds the
entity will comply with the Buy American Act (41 U.S.C. 10a-
10c).
``(b) Sense of Congress; Requirement Regarding Notice.--
``(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized
to be purchased with financial assistance provided using
funds made available in this Act, it is the sense of the
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made
equipment and products.
``(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each
recipient of the assistance a notice describing the statement
made in paragraph (1) by the Congress.
``(c) Prohibition of Contracts With Persons Falsely
Labeling Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a `Made in America'
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.''.
Page 225, after the item relating to section 171 add the
following:
``Sec. 172. Buy-American requirements.
Page 243, line 3, strike ``and 172'' and insert ``172, and
173''.
Page 243, line 7, strike ``and 171'' and insert ``171, and
172''.
Page 279, after line 17, insert the following (and conform
the table of contents of the bill accordingly):
SEC. 2104. BUY-AMERICAN REQUIREMENTS.
(a) In General.--The Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.) is amended by inserting after section 21 the
following:
``SEC. 22. BUY-AMERICAN REQUIREMENTS.
``(a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity
unless the entity agrees that in expending the funds the
entity will comply with the Buy American Act (41 U.S.C. 10a-
10c).
``(b) Sense of Congress; Requirement Regarding Notice.--
``(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized
to be purchased with financial assistance provided using
funds made available in this Act, it is the sense of the
Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made
equipment and products.
``(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
the head of each Federal agency shall provide to each
recipient of the assistance a notice describing the statement
made in paragraph (1) by the Congress.
``(c) Prohibition of Contracts With Persons Falsely
Labeling Products as Made in America.--If it has been finally
determined by a court or Federal agency that any person
intentionally affixed a label bearing a `Made in America'
inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not
made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made
available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.''.
(b) Conforming Amendment.--The table of contents of such
Act (29 U.S.C. 701 note) is amended by inserting after the
item relating to section 21 the following:
``Sec. 172. Buy-American requirements.
[[Page H2844]]
Mr. TRAFICANT (during the reading). Mr. Chairman, I ask unanimous
consent that the amendments be considered as read and printed in the
Record.
The CHAIRMAN. Is there objection to the request of the gentleman from
Ohio?
There was no objection.
The Chairman. Is there objection to the original request of the
gentleman from Ohio?
There was no objection.
Mr. TRAFICANT. Mr. Chairman, these are Buy American amendments. They
simply say that all the money expended under this bill shall comply
with the Buy American Act, and hopefully also a sense of the Congress
that anyone expending these monies should, wherever possible, try and
attempt to buy American-made goods and products; also, that there be a
notice to recipients of grants or utilization money under this act that
the Congress encourages them to, wherever possible, try and buy
American-made goods.
Finally, it prohibits contracts to any person who in fact supplies
supposedly made-in-America products that are not made in America.
The last provision is basically this. If someone who is doing
business with one of our groups under this bill sells us supposedly
made-in-America products, and we find it is a fraudulent, not made-in-
America product, then they are prohibited from any more business
covered under this act. That is the third provision.
{time} 1045
That explains the three provisions.
Mr. Chairman, I yield to the gentleman from California [Mr. McKeon].
Mr. McKEON. Mr. Chairman, we have no objection to the gentleman's
amendment. We agree with what he is trying to do, and we will make sure
we will work that out in accordance with his wishes.
Mr. TRAFICANT. Mr. Chairman, I appreciate the gentleman's good work
and also the gentleman from Pennsylvania [Mr. Goodling] for working
with me on the issue.
Mr. KILDEE. Mr. Chairman, will the gentleman yield?
Mr. TRAFICANT. I yield to the gentleman from Michigan.
Mr. KILDEE. Mr. Chairman, I certainly support the amendment and urge
its adoption.
Mr. TRAFICANT. Mr. Chairman, I urge an ``aye'' vote.
The CHAIRMAN. The question is on the amendments offered by the
gentleman from Ohio [Mr. Traficant].
The amendments were agreed to.
Mr. HINOJOSA. Mr. Chairman, I move to strike the last word. I do not
wish to speak to the present amendment, Mr. Chairman.
I rise in support of H.R. 1385 and the manager's amendment. Had I
been here earlier, I would have spoken to this, and this is what I
wanted to get into the record. I am particularly gratified by the
willingness of the gentleman from Pennsylvania [Mr. Goodling] and the
gentleman from California [Mr. McKeon] to work with Members from our
side in producing a bipartisan bill that includes accountability. My
thanks also go to the gentleman from Missouri [Mr. Clay] and the
gentleman from Michigan [Mr. Kildee], the ranking members, for their
leadership.
The addition of the provision that work force boards should make
available to the public upon request the minutes of their meetings
encourages me in the belief that the work force board process will be
fair and open.
The CHAIRMAN. Are there further amendments to division A?
Amendment No. 4 Offered by Mr. Owens
Mr. OWENS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mr. Owens: Page 8, line 8,
strike ``Such sums'' and insert ``(A) Except as provided
in subparagraph (B), such sums''.
Page 8, after line 10, add the following:
``(B)(i) Such sums as may be necessary for each of the
fiscal years 1999 through 2003 to provide amounts to local
workforce development areas under title II to carry out
summer youth employment programs under such title in
accordance with this subparagraph.
``(ii) Such amounts--
``(I) shall be used in accordance with the requirements
otherwise applicable to programs under title II, except that
such amounts shall be allocated to local workforce
development areas in accordance with the requirements
described in section 262(b) of the Job Training Partnership
Act (29 U.S.C. 1642(b)) (as such section was in effect on the
day before the date of the enactment of the Employment,
Training, and Literacy Enhancement Act of 1997); and
``(II) shall be used to provide summer youth employment
opportunities suitably linked to academic, occupational, and
work-based learning opportunities.
Page 124, strike line 4 and all that follows through line
10.
Page 124, line 11, strike ``(IV)'' and insert ``(III)''.
Page 124, line 18, strike ``(V)'' and insert ``(IV)''.
Page 125, line 1, strike ``(VI)'' and insert ``(V)''.
Mr. OWENS. Mr. Chairman, this is an amendment on the Summer Youth
Employment Program. The committee's work has been repeatedly
congratulated. I hope that it is as good as we think it is because, in
this closing of this century, jobs and employment will become a No. 1
issue. With workfare and downsizing and various other activities under
way, jobs are going to be critical for those who now have jobs. They
will not have them, a lot of them in the future. And for those who are
being driven from the welfare rolls, all of it is going to come
together.
The way we handle our jobs will be critical. The fact that we are
handing over this power primarily to the Governors of the States is
applauded by many but I find it a bit alarming.
I wanted to talk about one aspect of the jobs program, that is the
part that deals with disadvantaged youth. I have a chart in front of me
which shows that programs for disadvantaged youth have been treated
with great hostility over the last 4 or 5 years, certainly the last 3
years. Among the programs for youth, disadvantaged youth, the Summer
Youth Employment Program has been zeroed out of the budget a couple of
times, and we have had to fight like mad to get it back into the
budget. We have to appeal to the voters out there, public opinion to
come to our aid, because we seem to have no aid here on Capitol Hill
anywhere. This is basically an appeal that I make to the common sense
of the Members of Congress, and I am asking Members of Congress to
listen to their constituencies, Summer Youth Employment Programs are
very important. If we fold them into a category called disadvantaged
youth programs and that is all there is, no mandate which drives the
summer youth employment programming funding, then we are likely to have
a fading away of the Summer Youth Employment Programs.
What is happening with overall disadvantaged youth programs is they
have gone from $676 million in 1993 to $608 million in 1994, down to
$126 million in 1995, and now we are proposing $126.7 million for
programs for disadvantaged youth other than summer youth employment.
The essence of the amendment is to keep current language in the bill
which first clearly delineates the Summer Youth Employment Program as a
separate program and, second, applies the same formula that exists now
which drives the allocation of the formula within the State. Within the
State they must follow the criteria of the amount of unemployment, the
amount of poverty. This drives it down to the areas where the greatest
need exists. If we do not do that, we leave it to the discretion of the
Governors. I think the proposal in the en bloc amendments is to give
the Governors 30 percent off the top for their discretion, which means
we are reducing the amount of money for summer youth employment by
giving that discretion to the Governors. The Governors already have
discretion in the handling of other funds in this particular bill.
I wanted to maintain the level of Summer Youth Employment Programs
that we have now. I wanted to not only maintain the level of funding
but maintain the application allocation of that funding to the poorest
children in the urban areas which are not highly regarded usually by
Governors in most States. That is what this amendment does.
It is important to understand the background is that hostilities
toward youth programs is such that they have been drastically reduced.
In this very bill, the one exception made in the consolidation process
is dislocated workers. Programs for dislocated workers are given a
separate line. If they can make that exception for dislocated
[[Page H2845]]
workers because those are most favored programs, for whatever reason,
that is the program that has been increased the most in the last 3
years, they went from $571.6 million to $1.2 billion, so we know that
there is a set of political policies operating here. We do not wait a
minute to have disadvantaged youths in the cities in the summer to be
the victims of their own politics. I urge that this amendment be
adopted and save the Summer Youth Program.
Mr. Chairman, I rise in tacit support of this legislative effort to
streamline the nation's Federal adult and youth job training system.
The debate concerning H.R. 1385, the Employment, Training and Literacy
Enhancement Act, is not nearly as contentious and radical as the
debacle that characterizes last year's ``CAREERS'' legislation. In the
spirit of bipartisanship, the Chair of both the Committee on Education
and the Workforce and the Subcommittee on Post Secondary Education and
Lifelong Learning have worked extremely hard with my colleague, Ranking
Member Dale Kildee, to move this bill in the right direction. In fact,
as late as last night, efforts were being made to modify the bill to
address some outstanding concerns of Members on both sides of the
aisle, including myself. However, my colleagues in the Congressional
Black Caucus, the progressive caucus, and the urban caucus have great
reservations about the fate of the Summer Youth Employment Program--a
highly successful program that has come to be relied upon by the
nation's cities who welcome an opportunity to put disadvantaged young
people to work. The Owens-Martinez amendment would address such
concerns.
Job training funds must be distributed on the basis of economic need
not political clout. As a result of the manager's en bloc amendment
that was passed earlier, H.R. 1385 would grant the governors a good
deal of discretion in determining the within-State formula which sets
the amount that cities, that is, local work force development boards,
receive. The Owens-Martinez amendment would maintain current law which
ensures that those cities which are the poorest and have the highest
unemployment rates receive the funds, rather than those cities that
exert the most political clout. This amendment would not abdicate the
Federal Government's prescribed within-state formula. Current law
requires States to distribute funds to local areas based on a three-
part formula: the number of unemployed, the number of excess
unemployed, and the number of economically disadvantaged. This Federal
formula ensures that funds get filtered down to those local areas that
are the poorest, with the highest rates of unemployment. Thus, the
Governor would not have the power to establish a formula that may have
more to do with politics rather than economic need.
The manager's en bloc amendment would require that State distribute
70 percent of applicable funds to the localities according to the
current formula. The other 30 percent would be distributed to
localities according to a formula determined by the Governor. It is my
understanding that this represents a compromise that was reached among
the Nation's Governors, mayors, county executives and State
legislatures. While this agreement is an accomplishment, it is not the
best formula for those cities in dire economic straits. Congress should
not be giving the Governor the authority to distribute 30 percent of
the funds as he or she very well pleases.
The manager's en bloc amendment also included a clause that would
make the Summer Youth Program a required activity, rather than an
allowable activity as under the Committee-reported bill. This too, is a
substantial improvement that could go further. The Owens-Martinez
amendment would separate the Summer Youth Employment Program from its
block grant and create a separate funding stream. Therefore, Congress
would be required to pass an appropriation for the Summer Youth
Employment Program, as in current law. Members would be able to
ascertain exactly what money is being provided for the Summer Youth
Employment Program. Under the bill, the Dislocated Workers Program is
separated into a special category. Similar provisions must be made for
the Summer Youth Employment Program.
Some of my colleagues may question the need for a separate
appropriation and a federally driven within-State funding formula.
History is the answer: repeatedly, the Summer Youth Employment Program
has been a target of elimination by the majority.
In 1995, the House-passed Fiscal Year 1996 Labor-HHS-Appropriations
Act (H.R. 2127) would have eliminated the program. $0 was appropriated
for a program that is needed by 4 million young disadvantaged people,
but only able to accommodate nearly 600,000. For this reason and
various others, this bill was deadlocked in the Senate. Six months
after the start of fiscal year 1996, after 2 Government shutdowns, and
after more than 10 continuing resolutions, the Fiscal Year 1996 Omnibus
Appropriations Act (H.R. 3019/PL104-) was enacted and provided $625
million to the summer program--thus supporting the same number of jobs
as in 1995.
In 1996, the House-passed Fiscal Year 1997 Labor-HHS-Appropriations
Act, would have frozen funding for the summer program at the 1995
level--thus supporting a record low of more than 440,000 youth,
although nearly 800,000 youth were supported in the summer of 1992.
Fortunately, the Fiscal Year 1997 Omnibus Appropriations Act (H.R.
3610/PL 104-208) was passed and enacted which granted an additional
$246 million--for a total of $871 million--for the program--the same
amount that the President requested.
The threat to the Summer Youth Employment Program continues--now to
attack the program through the authorization process. The program must
remain a Federal priority; this means from the intrastate funding
formula to the interstate funding formula. Congress must reestablish
its commitment to preserve the Summer Youth Employment Program and to
target funds to those areas that are most in need. Fiscal constraints
preclude 100 percent participation in the program; at the very least we
ought to ensure that children in those areas that exhibit the greatest
need are protected. The Ownes-Martinez amendment accomplishes just
this. I urge my colleagues to vote for this amendment.
Mr. McKEON. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise in strong opposition to the amendment offered by
the gentleman from New York [Mr. Owens]. It would continue the Summer
Youth Employment Program as a stand-alone program.
Our bill, H.R. 1385, consolidates the Summer Youth Employment Program
and the year-round youth program under the Job Training Partnership
Act. The bill continues to allow funds to be spent on summer employment
activities. In fact, summer employment that is linked to academic and
occupational learning opportunities is now an essential element of the
disadvantaged youth block grant.
But this legislation does not continue it as a separate program. The
main purpose of the bill pertaining to disadvantaged youth programs is
that we should not require stand-alone summer employment programs
anymore that do not target the hardest to serve youth at the expense of
more comprehensive disadvantaged youth programs.
This bill assumes a consolidation of the summer and the year-round
programs, and it assumes the consolidation of funding for these
programs as well. It does not repeal the summer program. It just makes
it part of a more comprehensive effort at serving our hardest-to-serve,
disadvantaged youth.
The bill refocuses disadvantaged youth programs on providing academic
and occupational learning opportunities, on getting kids back into
school, in addition to providing employment experiences.
The bill leaves the decision to localities on how to provide
services. This is the main purpose of the bill, is getting the
authority down to the local governments where they are best suited to
handle and make these decisions.
In the en bloc package of amendments we have added language
clarifying that summer employment opportunities will be an essential
element, that was part of our en bloc amendment earlier this morning,
in disadvantaged youth programs. Local work force development areas
have sole discretion on determining the proportion of funds that will
go for summer employment and for year round disadvantaged youth
services, from funds made available under the substate formula; and at
a minimum, 70 percent of the funds going to local areas under the youth
opportunity employment training grant be allocated within the State
through the existing formula under JTPA.
As I said, this is part of the agreement that has been reached with
the Governors, the counties, the local boards, the local people that
will be making this decision.
Acceptance of the Owens amendment would totally undo consolidation in
our bill for disadvantaged youth programs and would result in hurting
the hardest-to-serve youth, particularly school dropouts who are in
need of a comprehensive mix of services.
In addition, this amendment goes against this agreement that we made
earlier with the Governors, the State
[[Page H2846]]
legislatures and the counties who supported this approach in the bill.
In summary, this amendment is the exact opposite of what we are all
attempting to do here today. That is, consolidate the job training and
employment programs, provide increased flexibility to States and
localities in determining what programs work best for them.
I urge a ``no'' vote on this amendment.
Mr. OWENS. Mr. Chairman, will the gentleman yield?
Mr. McKEON. I yield to the gentleman from New York.
Mr. OWENS. Mr. Chairman, do the Governors get 30 percent off the top
for administrative expenses?
Mr. McKEON. Mr. Chairman, the Governors get 30 percent to use where
they find the need is greatest throughout the State.
Mr. OWENS. Mr. Chairman, if the gentleman will continue to yield,
which means that summer youth will be reduced from the amount that it
was last year?
Mr. McKEON. No, Mr. Chairman, they just have more flexibility at the
State level to determine the use rather than we making the decision
here in Washington.
Mr. OWENS. Mr. Chairman, when the gentleman uses State and local
synonymously, the Governors have the discretion but the local levels
will have----
Mr. McKEON. Mr. Chairman, the States arrive at that formula through
the collaborative process working with the State legislatures.
Mr. OWENS. In some states?
Mr. McKEON. In all States, Mr. Chairman. It is required in the bill.
Mr. OWENS. Mr. Chairman, I thank the gentleman.
Mr. MARTINEZ. Mr. Chairman, I move to strike the requisite number of
words.
It is interesting in the colloquy that just took place between the
chairman and my friend, the gentleman from New York [Mr. Owens], in
that the point that the gentleman from New York [Mr. Owens] was trying
to make is that 30 percent right off the top, unlike today with the way
the law is, goes to the Governor for his use whatever he deems to use
it for.
The problem with block grants is that often many of the very
important programs that were developed for specific reasons, the reason
gets lost and the program gets lost, because at any particular time a
Governor may have a different priority. Even local boards may have a
different priority.
Let us go back to the beginning and remember why we created the
summer youth program. Because in the summer, when it is hot, there is
apt to be a lot more problems than there is in other times of the year.
And when young people are out of school and they have a lot of free
time on their hands, they are more apt to be involved in problems
whether they want to or not.
The idea was that this was going to be a program that not necessarily
created employment for a long period of time for young people but just
for that short summer period, in which they would learn some marketable
skills and learn the value of a job and develop some work ethic. That
is the reason.
Now, the way the funding is now, it is driven to the areas of the
greatest unemployment and the pockets of poverty. This is something
that we have to realize in a program like this, designed the way this
program really was, that the only way it would be able to fulfill its
mission is to continue the way it is.
I am for the consolidation. In fact, whether this amendment passes or
not, I will support the bill because I think it has been a good
compromise.
Let me take a minute to commend the chairman and the ranking member,
the gentleman from Missouri [Mr. Clay] and the ranking member the
gentleman from Michigan [Mr. Kildee] for the good work that they have
done with all the Members that had input. This is truly a bipartisan
bill. But I really feel very firmly, like many of my friends do on that
side of the aisle, that if we talk about local control, it means local
control.
Local control may be to the Governor to the Federal Government local
control. But when these programs come on, the local control is right in
that community. And that is where the decision should be made.
I have heard Members on that side of the aisle continually say, the
citizen knows best what to do with his dollars. Why do we reverse it in
this particular situation?
This program here provides jobs to young people between the ages of
14 and 21, and often these young people may have never worked before.
Many have parents who are unemployed. These low-income youth can bring
home to that needy family anywhere from between $1,100 and $1,400
through that summer.
{time} 1100
The other thing I mentioned earlier is that it does provide them with
job skills and job experience, which is very important. They do perform
challenging work in offices and parks and recreation facilities,
hospitals, nursing homes, and day care centers.
During the 104th Congress, Members on the other side of the aisle
finally came around to recognizing these values and the values of the
summer youth employment program after initial efforts to eliminate it.
They funded the program at the President's request of $871 million for
the fiscal year.
Understand this, that that amount of money still only reaches about
15 percent of the 4 million eligible to be served. That means that this
is very valuable money and it should be targeted because it does not
fulfill the entire need, and we should make absolutely sure that it
goes to the areas of greatest need, like I said before, in unemployment
areas and in areas of poverty.
The reason that we ought to ensure this and support the Owens
amendment is because these are limited funds and they need to be
targeted where they can do the most good.
Like I said before, I applaud the bipartisan effort on this piece of
legislation. As one of the speakers said earlier, this is the third
piece of legislation that comes out of our committee in a bipartisan
fashion, which proves that we can work together for the benefit of the
people. And while I applaud that, I still would like to see the Owens
amendment accepted because I believe that it is the way we should be
conducting this program.
There are no guarantees in the bill that this program will continue
at a local level, as presently written into law at its current level,
or even continue at all if a higher priority is determined by the
people making those decisions. The amendment that the gentleman from
New York and I offer today provides for a separate stream of funding
similar to that provided, and there is precedent for it, for dislocated
workers in the adult employment, training, and opportunities block
grant. We should not let these summer funds be subject to the whims of
State politics, which often they are.
Therefore, I ask and urge the Members to support the Owens amendment.
Mr. GOODLING. Mr. Chairman, I move to strike the requisite number of
words.
First, I want to make sure that everybody understands what we are
doing here is a very delicately put together program with State
legislators, local legislators, and Governors, and we have to be very,
very careful that we do not mess up that agreement.
More importantly, the bill is written to make sure that the most
disadvantaged are served. That is what the bill is about. We are not
taking away summer youth programs at all. The 25 percent that the State
has discretion over, 10 percent of that has to be used in incentive
grants for dropouts. Again, most in need; those are the people we are
trying to serve. And 75 percent goes local, 70 percent on a Federal
formula with total local discretion.
We believe that if we can combine the youth programs we will better
serve those most in need. But, again, it is put together in a very
delicate fashion trying to deal with Governors, State legislators, and
local government elected officials, and that is not easy to do.
Ms. JACKSON-LEE of Texas. Mr. Chairman, will the gentleman yield?
Mr. GOODLING. I yield to the gentlewoman from Texas.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I appreciate the delicate
balance and the negotiations that may have taken place in order to put
forth a very creative piece of legislation that the gentleman refers
to.
Let me just simply inquire. That is a delicate balance between
leaders of
[[Page H2847]]
government. In actuality, however, the need is on the local city
government level where youngsters are, and it is extremely difficult to
translate that delicate balance between the leaders of government,
county and State legislators and the Governor's office, to prioritize
summer youth jobs, which are constantly under attack, to be able to
translate to where those needs are with our youth. That should have
been the first priority.
Mr. GOODLING. Mr. Chairman, reclaiming my time, I believe we have
considered that in the collaborative process on the State level which
gets all of those people together. They have to agree. The
collaborative process then on the local level, again, all of those must
agree.
And the whole idea is to make sure that the local level has most to
say about this whole program, because we believe that we have failed
prior to that, and that is why we have written it in this fashion.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I move to strike the
requisite number of words.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Chairman, just this last week, we, in
this Congress, decided to prioritize our concerns about youth by
passing the juvenile crime bill. Our solution to the youth of America
was to incarcerate them at the age of 13 with adults. We were so
prominent and so progressive in this decision that it was discussed on
the very renowned show ``Politically Incorrect.''
This amendment by the gentleman from New York, Major Owens, is
correct and it responds to the true sense of our respect for the future
workers of America, the youth of this country, emphasizing the
importance of dealing with youth.
Let me applaud the leadership of the Committee on Economic and
Educational Opportunities for a creative piece of legislation. Let me
thank the gentleman from New York [Mr. Owens] and the gentleman from
California [Mr. Martinez] for understanding what education and training
is all about.
I am a new Member, but for 2 years of my time here, every single year
we had to fight for the saving and implementation of summer youth jobs
moneys. Every year it was cut, every single year. What comfort do I get
in this very delicate balance between the Governor, the State
legislature, and the county government, all well intended, to be able
to prioritize for very needed summer youth jobs?
As a member of the city council in the city of Houston, I know
firsthand what summer youth jobs do for our community. I have gone to
the intake centers when we have had thousands of youth standing around
corners, blocks, with parents begging for employment. I know what it is
when a youngster comes and says, ``I have gotten an opportunity to work
in your office, but I am not coming because I have no clothes to
wear.'' I know what it is in rural communities with unemployment where
decisions are made where we will not have a summer youth program.
Governors would have 100 percent authority to distribute job training
funds. This would be an allowable activity; it would not be a required
activity. Who gets the last attention that we can give our youth?
As I look to convene the Congressional Children's Caucus, one of the
things we wanted to say to America is that we believe in our children
and we will do more than mild words and pass legislation that
incarcerates young people with adults; we will prioritize funding
activities for our youth.
Mr. McKEON. Mr. Chairman, will the gentlewoman yield?
Ms. JACKSON-LEE of Texas. I yield to the gentleman from California.
Mr. McKEON. Mr. Chairman, maybe I misunderstood the gentlewoman, but
I thought she said the Governors have 100 percent jurisdiction. They do
not.
In this area, 70 percent passes through on existing formula. They
have 30 percent that they are able to use through the collaborative
process to reach severely disadvantaged youth.
Ms. JACKSON-LEE of Texas. Mr. Chairman, reclaiming my time, I
appreciate the gentleman's clarification. However, I will stand with my
comment, because what I am suggesting to the gentleman is that out of
that combined authority, out of that combined authority, it is my
position that the overall control over those dollars will not
disseminate down to a summer youth job program. It will be a
discretionary decision; it will not be mandatory.
Yes, they have the authority over percentages, but it is a total of
100 percent. And I disagree that it will come down to the summer youth
program, because let me just humbly say to the gentleman, we have had a
battle to preserve summer youth jobs in this Congress over the last two
Congresses.
Let me now just say that the gentleman from New York is correct, that
the formula is a vital formula that will no longer be used. Current law
has been useful. It means that we go right into a community and we
assess the relative unemployment, we assess the poverty level, and,
therefore, we make the determination.
I would like it to be maintained as current law. And if the gentleman
is going to say that current law is going to prevail, that is fine, but
I want it to be a separate line item so that we can prioritize for our
youth in a positive sense.
I hope we have seen what it does to a young person to get a summer
job and be exposed to a business, a government office, for the first
time in their life. I can tell my colleagues that when the choices are
being made, somebody will say we better appeal to those dislocated
workers because they vote. Children do not vote. We will have a
clamoring in the Statehouses across this Nation taking moneys from our
youth.
This is a good amendment if we believe that the Summer Youth Job
Program creates the workers of the 21st century. The workers of the
21st century are our youth. Why should we not have the opportunity to
provide summer youth employment rather than put it at a discretionary
level?
So I would simply say that I would rather be known not as the
Congress who passed a juvenile crime bill that locked up 13-year-olds
with adults, I would rather be known as the Congress who focused on
giving young people who will work in the future jobs and that we did
not leave it to the discretion of a delicate balance between Governors
and legislatures and counties.
And might I add, I did not hear ``cities.'' So I think it is
appropriate that this amendment be passed, and I would certainly ask my
colleagues to give it their consideration.
Mr. Chairman, I rise in support of my colleague from New York who is
a tireless champion of our Nation's present and future labor force.
I am strongly committed to the Summer Youth Employment Program and
would like to insure that it serves the needs of communities throughout
our Nation.
Prior to my election to the U.S. House of Representatives, I worked
to create the Summer Youth Employment Program in the city of Houston
which is managed by Houston Works.
I know from personal experience that a summer job for those young
people enrolled by the Job Training Partnership Act's Summer Youth
Employment Program-sponsored projects around this country are more than
just an opportunity to have money for the next school year, it is an
opportunity to learn, live, and experience the work environment and
culture which in many cases is outside of their limited life
experiences.
In 1997, Houston Works Summer Youth Program served 6,500 young people
ages 14-21.
This year Houston Works plans to serve 5,396 jobs to youth ages 14-21
years. The target population of disadvantaged youth is 43,000 potential
applicants.
Those 39,604 youth who were turned away last summer are only a tiny
fraction of the 4 million youth who would qualify for this summer jobs
program if the funds were available.
Today, only about 600,000 youth can be served nationally.
This program has made a significant difference in the lives and
fortunes of the young people who were fortunate enough to have their
application accepted.
I would like to stress the need to look at summer youth employment as
an extension of the learning experience.
This amendment would protect funding for summer youth employment by
creating a separate funding stream for this significant program. The
block grant approach is detrimental to summer youth employment.
The Owens' amendment for summer youth employment would restore the
current formula allocations which direct Summer Youth Employment
Program funds to those areas are
[[Page H2848]]
most in need according to a 100 percent federally driven interstate and
intrastate formula.
I would like to thank my colleagues for their support of this program
and I would ask that the program be further strengthened by supporting
Mr. Owens' amendment.
Mrs. ROUKEMA. Mr. Chairman, I move to strike the requisite number of
words and rise in opposition to the amendment of my friend and
colleague, the gentleman from New York [Mr. Owens].
First, I want to say, as I said in my opening statement in the
debate, that that is a good bipartisan effort and one we should all be
proud of. And I commend the gentleman from New York because I know his
is a sincerely felt and sincerely discrete evaluation of the way these
block grants have been put together.
I want to point out also to my colleagues that in my opening
statement in the debate I said that these block grants give appropriate
safeguards between the relationships between the States and the Federal
Government, and I sincerely believe that block grants should not be
open to anybody's discretion to use as they will.
But I think in this bill we have put those appropriate safeguards
into place and it will bring us an efficient working relationship, a
cooperative relationship between the Federal, State, and local
governments. I believe that sincerely. I think we have done it better
in this bill than we have done it in many cases.
Let me just relate that to some of the specifics in this bill, and
then I will yield to the gentleman from New York.
As has already been stated by both the chairman and the chairman of
the subcommittee, the language that was put in this morning in the
amendment said that summer employment is an essential component of the
block grant. I think that was quite carefully added.
Now, in my judgment, and again I suppose this is judgment, but I have
to say I have looked at this quite carefully. In my judgment, the
gentleman's amendment, I am afraid, would totally undo the important
consolidation in the bill for the disadvantaged youth programs because
it would result, in my opinion, in hurting the hardest-to-serve youths,
particularly the school dropouts.
This is an issue that we have to look at, and I come down on the side
of what the committee has done. And I am afraid that, inadvertently,
the gentleman would be undermining that particular part of the program.
I know the gentleman from Pennsylvania [Mr. Goodling], addressed this
with respect to a 10-percent component of that part of the bill, if I
am correct. And I think that is very good. Again, it is a matter of
judgment, but I think we have protected the hardest-to-serve youth, and
those are the dropouts.
Finally, I would like to say that it is totally incorrect, in my
opinion, to say that we are killing the summer youth employment
program. I think that what we are doing here is providing discretion to
local communities to provide summer youth employment opportunities that
are directly linked, and this is important, to academic and
occupational learning. I think that is important.
Mr. GOODLING. Mr. Chairman, will the gentlewoman yield?
Mrs. ROUKEMA. I yield to the gentleman from Pennsylvania, and then I
will yield to the gentleman from New York.
Mr. GOODLING. Mr. Chairman, I thank the gentlewoman for yielding, and
I would like to assure the gentlewoman from Texas that our committee
also deals with juvenile justice and we deal with juvenile justice
differently. The gentleman from California [Mr. Riggs], is at the
present time working with the gentleman from Virginia [Mr. Scott], to
make sure that we deal with it properly.
But, again, I have to indicate that what we are doing here is giving
that local community so much more discretion on how they use their
youth money so that that gets to those most disadvantaged, and that is
the attempt of the bill.
Mrs. ROUKEMA. Reclaiming my time, Mr. Chairman, let me ask the
gentleman, am I not correct that it gives 100 percent discretion to
that proportion of the funds that are devoted to the summer employment?
Mr. GOODLING. At the local community.
Mrs. ROUKEMA. Discretion for 100 percent at the local level.
{time} 1115
Mr. OWENS. Mr. Chairman, will the gentleman yield?
Mrs. ROUKEMA. I yield to the gentleman from New York.
Mr. OWENS. The gentlewoman is a member of the committee so she is
aware of the fact that this precious consolidation mode of operation
has been dropped for the dislocated workers. We have a line which
mandates funding for dislocated workers. What we ask is a mandate for
summer youth employment.
Mrs. ROUKEMA. That is not my understanding.
Mr. OWENS. I hear language, and a central program is not the same as
a mandate. We have tricks here of the trade which all of us who have
been legislators understand very well. It leaves it wide open for the
strangling. The summer youth program will not die in one summer. It
will be strangled slowly because it is in there with other
disadvantaged youth programs which have not been treated in any
favorable manner. They will be transferring funds from the summer youth
program into the other programs until there will be little left.
Mrs. ROUKEMA. That is not my interpretation of the funding streams.
The CHAIRMAN. The time of the gentlewoman from New Jersey [Mrs.
Roukema] has expired.
(By unanimous consent, Mrs. Roukema was allowed to proceed for 1
additional minute.)
Mrs. ROUKEMA. Mr. Chairman, I yield to the gentleman from
Pennsylvania, the chairman of the committee.
Mr. GOODLING. First of all we should not get dislocated workers into
this discussion because they are protected in the legislation. We made
very, very sure of that. Again I say the total discretion is left to
that local community for the use of that fund better than they have
ever had it before, because we usually tie the hands of local people
because we have always had the idea that we know what works best from
Washington, that one size fits all. We are saying that is a mistake.
Let us let the local communities make those decisions and deal with
those most in need. I thank the gentlewoman for yielding.
Mr. WATT of North Carolina. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, I rise in support of the amendment offered by the
gentleman from New York [Mr. Owens]. But before I debate that, let me
thank those people who were on the floor earlier giving praise to an
amendment that had been incorporated or provisions in a bill that had
been incorporated into this legislation that the gentleman from Texas
[Mr. Smith] and I supported, and others. It is so infrequent that I get
any praise on this floor, I always stop to take the time to acknowledge
that and to thank people on both sides of the aisle for issuing words
of praise.
With regard to the bill in general, let me say to the chairman and
the ranking member on both sides that I have followed this discussion
and it is my intention to vote for this bill, although I have some
serious reservations about the entire block granting process;
reservations which are a product of historical realities in the South
about how block grants have historically been used when they were in
vogue at earlier times in our history; reservations about consolidation
of programs, although I think it is a good idea; reservations about
giving more and more control to State entities when a lot of these
problems are in fact problems that are dealt with at the local level
and should be dealt with at the local level; reservations which have to
do with the fact that some of our State legislatures are still
controlled by more rural interests, and those interests tend to get
taken into account even in a collaborative process which the chairman
of the subcommittee and the chairman of the committee have talked
about, to the disadvantage of major urban communities and cities.
All of those leave me a little concerned about the block grant
approach and lead me to say that this is an experiment of sorts, as I
understand it. We are trying to move to a balance that restores control
to more local and
[[Page H2849]]
State bases and moves it back away from the Federal Government. I am
prepared as a general proposition to take that experiment and hope,
like everybody else does, that it is going to work out.
With respect to the summer youth employment program, however, I do
believe that we have got to protect it, even though this discussion
really is a discussion about separating summer youth from the other
disadvantaged youth block grant programs. In a sense we are kind of
debating the possibility of pitting those two things against each other
when both of them are needed. But understand that the disadvantaged
youth block grant programs tend to address youth who have already
dropped out of the system, who have already had adverse impacts, and in
my estimation the summer youth employment programs, at least in the
communities that I am familiar with, have often been used to address
the front end of the process, to provide employment to some kids who
may end up dropping out if we do not intervene with them earlier in the
process.
The importance of having a summer youth program that is separate and
distinct in funding from the general disadvantaged youth block grant
program, it seems to me, still is important. It is for that reason,
although I do not want to sound like I am trying to say anything
negative about the disadvantaged youth block grant program, it is for
that reason that I am rising in support of the Owens amendment and
would encourage its adoption.
The CHAIRMAN. The time of the gentleman from North Carolina [Mr.
Watt] has expired.
(By unanimous consent, Mr. Watt of North Carolina was allowed to
proceed for 1 additional minute.)
Mr. GOODLING. Mr. Chairman, will the gentleman yield?
Mr. WATT of North Carolina. I yield to the gentleman from
Pennsylvania.
Mr. GOODLING. Mr. Chairman, I just want to assure the gentleman that
this is not revenue sharing, as those block grants he was talking about
were. There is very specific language how these block grants must be
used, including, for instance, the State collaborative process has to
represent diverse regions of the State, including urban, rural and
suburban areas. We spell out that we do not revenue share, and I made
that clear to the governors from day one, that we are not interested in
revenue sharing.
Mr. WATT of North Carolina. Reclaiming my time, I appreciate the
gentleman's clarification on that. I was aware of the collaborative
process. I still think even in that collaborative process in a number
of States, rural interests tend to be overrepresented, and it is not
something that I can scientifically prove to the gentleman. I can just
tell the gentleman that in a number of Southern States, rural interests
typically dominate over urban interests. I understand that the
gentleman has worked hard to try to work out this balance, and I am
going to vote for the bill regardless of whether this amendment passes
or not, but I would feel more comfortable if we had this amendment
passed.
Mr. MICA. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, if ever in the history of this Congress a program of
this Federal Government that needs reform cried out for more reform, it
is this whole area of job training and education, employment training
and literacy enhancement.
First I want to salute the gentleman from Pennsylvania [Mr. Goodling]
and the gentleman from California [Mr. McKeon] for their work in
crafting this proposal. Our purpose is really to help those without job
and without opportunity, particularly those youth. I want to first
speak about the bill itself and then oppose the Owens amendment that
has been presented here today.
First of all, let me just give my colleagues an example from my State
of Florida. This is an article that appeared a year ago in February and
it talks about job training programs. It said, with all the job
training programs in Florida, my State, that we spent $1 billion,
Federal and local money. ``Job Training Programs Not Making the Grade''
is the headline of this article. We spent $1 billion and less than 20
percent of those who entered a program completed the program. Of that,
19 percent got a job and most of those, the majority of those, who got
a job got a job at minimum or just above minimum wage. A total failure
if we are trying to employ people in this country.
Then just a month ago in the Washington Post, the city spent $11
million it has received through Federal job training programs. They
also raised $7.3 million in local tax dollars designated for job
training programs without a single person being trained.
This is a program that cries out for reform. What would the Owens
amendment do in the area of summer job employment? It would maintain
the status quo, the record of failure.
The main purpose of this bill in the area of summer job employment is
to refocus the programs on providing comprehensive academic and
occupational learning opportunities for our disadvantaged youth. I am
for getting kids back into school and in addition into providing
employment opportunities. That is what this bill is all about. What are
those who have had experience saying about this?
The National Governors Association, the Conference of State
Legislatures, and the National Association of Counties support the
agreement reached on this issue that is contained in this bill and
oppose a separate stand-alone summer program. They have tried it. It
does not work. This is the record of failure. When this Congress asks
people on welfare or disadvantaged people to go to work, we want them
to have the opportunity to find a job, to learn a skill, and the
Federal Government should be helping with a program that works, not
with a program that is a failure. This is a record of failure, and this
record cannot continue.
I urge my colleagues to defeat the Owens amendment. It destroys the
intent, the purpose and the experience that we have seen that is a
record of failure, and then pass this bill and give our disadvantaged,
give our youth, and give the people without a job in this country the
opportunity to learn a skill and to earn a living wage and to have the
Government be a helping hand rather than a partner that has failed.
Mr. RIGGS. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, let me first address the comparison that some have made
with the dedicated funding stream for dislocated adult workers to what
the gentleman from New York [Mr. Owens] is trying to do in his
amendment. It is important, I think, to understand that yes, we do have
a dedicated funding stream in the adult block grant for dislocated
workers. That is certainly in keeping with the whole concept behind the
Job Training Partnership Act that State and local communities be able
to respond rapidly to a plant closure or to massive, large-scale type
of layoffs. However, that is still part of one system, the overall
adult block grant, the overall adult job training and reemployment
system.
What the gentleman from New York [Mr. Owens] is talking about doing
here is creating a separate stand-alone program that is really contrary
to the overall philosophy of the bill with respect to creating a single
block grant for youth. What we are trying to do in the area of youth is
to encourage young people, particularly those who are at risk of
dropping out of school, so let us call them the dropout prone, we are
trying to encourage them to stay in school or if they drop out from
school to return to school. Therefore, with respect to emphasis on
schooling, with the emphasis on academics, it is very important, in my
view, to link summer youth employment to the school-based program for
at-risk youth. That is why it is again all part of the same system.
{time} 1130
The overall philosophy with respect to adults, and I will be happy to
yield to my friend in just a moment, but the overall philosophy with
adults of course is to take a work force or employment first approach,
try to get those adults who can be readily reemployed in the work force
back into that work force at the earliest possible date and then target
intensified services to the hard to employ. Those are the folks who
perhaps are welfare recipients, chronically unemployed or underemployed
folks, and they are the ones who need intensive services.
So that is kind of the over arching philosophy behind our bill.
[[Page H2850]]
Second, let me address the concern that many of my colleagues and
friends on the Democratic side of the aisle have expressed, and that is
that this Congress is not going to take aggressive action in the area
of juvenile crime prevention and delinquency prevention. Let me assure
my colleagues that we are hard at work in our Subcommittee on Early
Childhood, Youth and Families and trying to craft a bipartisan bill
dealing with juvenile crime prevention, and in that regard I am working
very closely with my good friend and colleague, the ranking member of
the subcommittee, the gentleman from California [Mr. Martinez] and the
gentleman from Virginia [Mr. Scott] and others who have expressed a
keen interest in this area, and we hope we can bring a bill that the
House can favorably consider here to the floor in the next few weeks.
That is going to be in tandem with our bill reauthorizing the Perkins
Vocational Educational Act, and that, the Perkins Vocational Education
Act, is going to be targeted at again those young people who are
educationally disadvantaged or who are at risk of dropping out from
school, and that bill is going to take an emphasis, take an approach,
that combines an emphasis on strong academics with expanded vocation
and technical educational opportunity for those young people.
The other point I want to make to my good friend, the gentleman from
New York [Mr. Owens] before yielding is that by putting all these funds
in a block grant, driving them down locally, the local communities will
have 100 percent discretion on the proportion of funds that are devoted
to summer employment and to year-round services respectively, and that
could result in those local communities spending even more, again at
their sole discretion, on the Summer Youth Employment Program than they
are currently spending.
So I wanted to make that point, and I am going to yield to the
gentleman from New York [Mr. Owens], my colleague and friend, and
perhaps he could respond to the point I just made, which is again, if
possible, under our bill for local communities to spend even more on
summer youth employment than they are currently spending.
Mr. Chairman, I yield to the gentleman from New York [Mr. Owens].
Mr. OWENS. Mr. Chairman, I want to ask the gentleman if he was aware
of the fact that the CRS figures which show the funding pattern for the
youth training programs other than summer youth, which we were talking
about before, which was badly needed, and the gentleman said they were
badly needed, and I agree. But they have been reduced by almost three-
quarters, from 676.7 million in 1993 to the present proposed funding of
126.7 million. They have been reduced steadily.
At the same time, because we came on this floor and we fought for the
Summer Youth Employment Program, even though people in government,
State governments, did not consider it important, they have raised the
amount of funding for some youth employment. So what we are going to
have is the unpopularity of the summer youth training programs year-
round, resulting in not having adequate funding. So they will take the
funding away from summer youth. That is the simple problem we worried
about, that they are going to drain the funds from the summer youth
because the discretion is going to be in the hands of people. We do not
care about summer youth in our cities; they will find somewhere else to
spend them in the States.
Mr. RIGGS. Reclaiming my time, Mr. Chairman, I certainly care.
The CHAIRMAN. The time of the gentleman from California [Mr. Riggs]
has expired.
(By unanimous consent, Mr. RIGGS was allowed to proceed for 1
additional minute.)
Mr. RIGGS. Mr. Chairman, let me just point out to my colleagues, and
I really in this regard extend a hand across the aisle; I personally
believe we cannot afford to lose, as a country, another generation of
urban school-aged children. So all of our efforts, I think, should be
focused on those young people again who live in the most economically
disadvantaged circumstances, who are surrounded many times by a sea of
poverty and joblessness, and, as my colleagues know, the other symptoms
of social decay.
So I want to work with the gentleman, but I would be happy to tell
the gentleman from New York [Mr. Owens] that we should go together to
the appropriators and make the argument that they need to look at this
particular block grant, the youth opportunity employment and training
grant, that is created under our bill and make that a priority for
funding as they deliberate the appropriations.
Mr. OWENS. I agree with the gentleman.
Mr. RIGGS. I do not believe that we should be creating a separate
program. We have to provide discretion to local communities to provide
summer employment opportunities that are directly linked to academic
and occupational learning, as other speakers have mentioned, and local
communities should be making these decisions, not the Federal
Government.
Ms. VELAZQUEZ. Mr. Chairman, I rise today to add my voice and the
voice of thousands of young people from my district in support of the
Owens amendment to safeguard the Summer Youth Employment Program.
For several weeks each summer, SYEP provides jobs to over 600,000
disadvantaged youth across the country, many of them in my district.
Yet, H.R. 1385 jeopardizes this program and the future of our young
people. Passage of the Owens amendment will provide hope to so many of
our at-risk children.
I recently received a letter from Vashia Rhone, a young constituent
of mine. Vashia's letter shows us the kind of impact programs like this
have. She writes:
Growing up, I often felt trapped and like I had no place to
go. However, something that helped me was, as I became older,
I discovered places to go and things to do such as after-
school programs and STEP. Believe it or not, it's true. If
young people are working, they will be off the streets. If
young people are working, their esteem level goes up. They
begin to feel good about themselves, and they learn
independence. Please consider this and represent the youth of
New York City and protect their future.
My colleagues, this program does work. I urge all of you to support
the Owens amendment and support SYEP. We owe it to our kids. We owe it
to their future.
Ms. PELOSI. Mr. Chairman, I rise in strong support of the Owens-
Martinez amendment to H.R. 1385 to separate the summer youth employment
program from the disadvantaged youth block grant contained in this
legislation.
Summer youth employment is a critical program in my district in San
Francisco and in communities across the Nation. This program is often
the first opportunity at-risk youth have to gain exposure to the ethic,
the structure and the value of work. Currently, only 50 percent of the
youth eligible for this program participate. If this program is
included in the consolidated block grant, it is most likely less than
that number would be reached by this successful program.
This is a program that works and that teaches. The welfare law makes
it imperative for us to help people find and maintain work with a
living wage. It is critical for young people to learn the skills
necessary to be successfully employed. The Summer Youth Program reaches
out to at-risk young people to teach them this and more.
For these reasons, it is essential that the Summer Youth Employment
Program be maintained as a separate program, maintained as a required
rather than allowable activity and receive a separate appropriation
consistent with current funding.
I urge my colleagues to support the Owens-Martinez amendment and show
your commitment to a successful job training opportunity for at-risk
youth.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New York [Mr. Owens].
The question was taken; and the Chairman announced that the noes
appeared to have it.
Recorded Vote
Mr. OWENS. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 168,
noes 238, not voting 27, as follows:
[Roll No. 137]
AYES--168
Abercrombie
Allen
Baldacci
Barcia
Barrett (WI)
Becerra
Bentsen
Berman
Berry
Bishop
Blagojevich
Blumenauer
Bonior
Borski
Boswell
Brown (CA)
Brown (FL)
Capps
Cardin
Carson
Clay
Clayton
Clement
Clyburn
Conyers
Costello
Coyne
Cummings
Davis (FL)
Davis (IL)
DeFazio
Delahunt
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Doggett
Dooley
Doyle
Edwards
Engel
Ensign
Eshoo
Etheridge
Evans
Farr
[[Page H2851]]
Fattah
Fazio
Filner
Foglietta
Ford
Frank (MA)
Frost
Furse
Gejdenson
Gonzalez
Gordon
Green
Hall (OH)
Harman
Hastings (FL)
Hilliard
Hinchey
Hinojosa
Holden
Hooley
Jackson (IL)
Jackson-Lee (TX)
Johnson (WI)
Johnson, E. B.
Kanjorski
Kaptur
Kennedy (MA)
Kennedy (RI)
Kennelly
Kildee
Kilpatrick
Kind (WI)
Kingston
Kleczka
Klink
Kucinich
LaFalce
Lampson
Lantos
LaTourette
Levin
Lewis (GA)
Lowey
Luther
Maloney (CT)
Maloney (NY)
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McDermott
McGovern
McHale
McIntyre
McKinney
McNulty
Meehan
Meek
Menendez
Millender-McDonald
Mink
Moakley
Mollohan
Moran (VA)
Nadler
Neal
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Payne
Pelosi
Pickett
Poshard
Price (NC)
Rahall
Rangel
Reyes
Rivers
Rodriguez
Rothman
Roybal-Allard
Rush
Sanchez
Sanders
Sandlin
Sawyer
Scott
Serrano
Skaggs
Slaughter
Snyder
Spratt
Stabenow
Stark
Stokes
Strickland
Stupak
Tauscher
Thompson
Thurman
Tierney
Torres
Traficant
Velazquez
Vento
Visclosky
Waters
Watt (NC)
Waxman
Wexler
Weygand
Wise
Woolsey
Wynn
Yates
NOES--238
Aderholt
Archer
Armey
Bachus
Baesler
Baker
Barr
Barrett (NE)
Bartlett
Barton
Bass
Bateman
Bereuter
Bilbray
Bilirakis
Bliley
Blunt
Boehner
Bonilla
Bono
Boucher
Boyd
Brady
Bryant
Bunning
Burr
Burton
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Castle
Chabot
Chambliss
Chenoweth
Christensen
Coble
Coburn
Collins
Combest
Condit
Cook
Cooksey
Cox
Cramer
Crane
Crapo
Cubin
Cunningham
Danner
Davis (VA)
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dreier
Duncan
Dunn
Ehlers
Ehrlich
Emerson
English
Everett
Ewing
Fawell
Foley
Forbes
Fowler
Fox
Franks (NJ)
Frelinghuysen
Gallegly
Ganske
Gekas
Gibbons
Gilchrest
Gilman
Goode
Goodlatte
Goodling
Goss
Graham
Granger
Greenwood
Gutknecht
Hall (TX)
Hamilton
Hansen
Hastert
Hastings (WA)
Hayworth
Hefley
Herger
Hill
Hilleary
Hobson
Hoekstra
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inglis
Istook
Jenkins
John
Johnson (CT)
Johnson, Sam
Jones
Kasich
Kelly
Kim
King (NY)
Klug
Knollenberg
Kolbe
LaHood
Largent
Latham
Lazio
Leach
Lewis (CA)
Lewis (KY)
Linder
Lipinski
Livingston
Lofgren
Lucas
Manzullo
McCollum
McCrery
McDade
McHugh
McInnis
McIntosh
McKeon
Metcalf
Mica
Miller (FL)
Minge
Moran (KS)
Morella
Myrick
Nethercutt
Neumann
Ney
Northup
Norwood
Nussle
Oberstar
Oxley
Packard
Pappas
Parker
Pascrell
Paul
Paxon
Pease
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Pombo
Pomeroy
Porter
Portman
Pryce (OH)
Radanovich
Ramstad
Regula
Riggs
Riley
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Roukema
Royce
Ryun
Sabo
Salmon
Sanford
Saxton
Scarborough
Schaefer, Dan
Schaffer, Bob
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherman
Shimkus
Shuster
Sisisky
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Smith, Adam
Smith, Linda
Snowbarger
Solomon
Souder
Spence
Stearns
Stenholm
Stump
Sununu
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas
Thornberry
Thune
Tiahrt
Turner
Upton
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
White
Whitfield
Wolf
Young (AK)
NOT VOTING--27
Ackerman
Andrews
Ballenger
Boehlert
Brown (OH)
Buyer
DeGette
Flake
Gephardt
Gillmor
Gutierrez
Hefner
Jefferson
LoBiondo
Manton
Miller (CA)
Molinari
Murtha
Quinn
Schiff
Schumer
Skelton
Towns
Watkins
Watts (OK)
Wicker
Young (FL)
{time} 1157
The Clerk announced the following pairs:
On this vote:
Mr. Quinn for, with Mr. Watts of Oklahoma against.
Mr. Towns for, with Mr. Wicker against.
Messrs. BOEHNER and BEREUTER changed their vote from ``aye'' to
``no.''
Ms. McCARTHY of Missouri and Mr. HINCHEY changed their vote from
``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
(Mr. SOLOMON asked and was given permission to speak out of order for
1 minute.)
Procedure for Consideration of Amendments to Concurrent Resolution on
the Budget
Mr. SOLOMON. Mr. Chairman, I have asked to address the House for the
purposes of making an announcement about next week's budget debate
which concerns every Member of the House.
Mr. Chairman, the Committee on the Budget expects to order the budget
resolution reported later today, and copies of that resolution approved
by that committee will be available for review in the office of the
Committee on the Budget.
The Committee on Rules is planning to meet on Monday, May 19, to
grant a rule which will limit the kind of amendments offered to the
concurrent resolution on the budget for fiscal year 1998. Members are
advised, strongly advised to submit only amendments in the nature of a
substitute which provide for a balanced budget no later than 2002. If
they are not balanced, they will not be made in order on this floor.
Any Member who is contemplating an amendment to the budget resolution
should file 55 copies and an explanation by noon on Monday, May 19, to
the office of the Committee on Rules in room 312, up above. In
addition, Members should also print their amendments in the amendment
section of the Congressional Record on Monday, May 19.
I am informed that we will have pro forma sessions on both Saturday
and Sunday so that the budget will be available to those of my
colleagues that want to work on it over the weekend.
{time} 1200
Mr. MOAKLEY. Mr. Chairman, will the gentleman yield?
Mr. SOLOMON. I yield to the gentleman from Massachusetts.
Mr. MOAKLEY. Mr. Chairman, I thank the chairman of the Committee on
Rules for yielding to me.
Mr. Chairman, I am very happy that the gentleman made the
announcement. Am I clear that only amendments in the nature of a
substitute will be honored by the Committee on Rules?
Mr. SOLOMON. That is correct. All of the amendments must be in the
nature of a substitute, and they must be balanced by the year 2002.
Mr. MOAKLEY. Right. And I hope the chairman is going to give adequate
time for these amendments in the nature of a substitute to be debated
on the floor of the House.
Mr. SOLOMON. The gentleman is one of my closest advisers, and I will
consult with him and we will work this out, I am sure.
Mr. MOAKLEY. Mr. Chairman, also, I would ask the gentleman, would the
CBO be able to score all these amendments in the nature of a substitute
in time?
Mr. SOLOMON. Yes, they would. The CBO is available, and they will be
working overtime to assist the Members in making sure that their
substitutes are scored by CBO.
Mr. MOAKLEY. Mr. Chairman, I thank the chairman of the Committee on
Rules.
The CHAIRMAN. The Committee will rise informally.
The SPEAKER pro tempore (Mr. Latham) assumed the Chair.
____________________