Summary: H.R.5533 — 97th Congress (1981-1982)All Information (Except Text)

There is one summary for H.R.5533. Bill summaries are authored by CRS.

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Introduced in House (02/10/1982)

Training for Jobs Act - Establishes a comprehensive job training program.

Title I: State Job Training Program - Provides for allotments and allocations from amounts authorized to be appropriated under this Act.

Allots seven percent of such funds to State Governors for specified statewide programs. Allots 71 percent of such funds to States for substate allocation to service delivery areas. (Sets aside the remaining 22 percent for national programs.)

Allots specified amounts to the Commonwealth of Puerto Rico and to specified U.S. territories and possessions for service delivery area programs. Allots the remainder of service delivery area program funds among States according to numbers of long-term unemployed persons and of economically disadvantaged persons in the labor force. Directs the Secretary of Labor to make substate allocations among service delivery areas on the basis of numbers of economically disadvantaged persons.

Defines a service delivery area as any area served in FY 1982 by a prime sponsor established under the Comprehensive Employment and Training Act (CETA). Authorizes a State Governor to designate subdivisions of a State as service delivery areas if CETA services were planned or administered for such subdivisions. Authorizes a Governor to propose tentative revisions in any service delivery area of the State under specified conditions. Allows chief elected officials of local governments to petition to have areas designated as service delivery areas either as proposed by the Governor or with modifications. Requires that such petitions be made jointly with the appropriate private industry council (PIC), or separately if no agreement can be reached. Directs the Governor to approve any petition agreed upon by both the PIC and chief elected officials, unless the Governor determines, for good cause shown, that such agreement will not carry out the provisions of this Act. Permits appeals of such disapprovals to the Secretary. Directs the Governor to approve petitions from any local government with a population of 250,000 or more to be a service delivery area unless the PIC does not concur and the Governor makes findings of fact why inclusion of such local government in a larger area is needed for accommodation of labor market factors or coordination with other related service delivery areas. Provides for dispute resolution by the Secretary if the Governor and the local government cannot reach agreement in such cases. Prohibits changes in service delivery areas later than four months before the beginning of a program year or within two years of a previous revision. Directs Governors to report to the Secretary annually on: (1) changes in service delivery areas; and (2) reasons why change was not made, if any interim area (CETA prime sponsor area) remains in effect.

Directs the PIC for a service delivery area to prepare a program plan for any program year beginning 90 days after PIC certification. Directs the CETA prime sponsor to prepare program plans until then.

Requires that there be a PIC for every service delivery area. Requires that a majority of members on each PIC be private industry (including small business) representatives and that the remainder be representatives of local governments, educational agencies, organized labor, community-based organizations, economic development agencies, and the employment service. Directs chief elected officials of local governments within the service delivery area to: (1) appoint private industry representatives from nominees of for-profit businesses operating within the geographical area; and (2) select remaining representatives from individuals recommended by interested organizations. Provides for selection procedures in the event that agreement cannot be reached by such officials.

Directs the PIC, upon certification by the Governor within 30 days of receipt of a membership list, to prepare the program plan and certify training institutions and other agencies. Requires that specified items be included in each program plan. Directs the PIC to publish a proposed plan 120 days before the beginning of a program year and provide interested parties an opportunity for comment. Requires publication of a final plan not later than 80 days before the program year. Sets forth procedures to be followed in the event of program plan disagreements between PICs and local officials.

Requires program plan approval within 30 days after submission unless the Governor determines that the plan does not meet performance criteria, serve the economically disadvantaged, or correct previous deficiencies. Directs the Governor to disapprove any plan that will not provide equality of access to all segments of the disadvantaged community in the area. Requires that disputed matters which cannot be resolved within 30 days after program plan disapproval by the Governor be submitted to the Secretary for arbitration and decision within 30 days of receipt.

Provides that the CETA prime sponsor for the interim services delivery area will administer program funds until the Governor designates the PIC to do so. Directs the Governor, with the PIC if one is certified, to select another entity to administer program funds if the CETA prime sponsor will not agree to do so. Authorizes the Governor to designate the PIC as recipient and administrator of program funds: (1) if administrative capacity and adequate safeguards exist and the PIC business representatives favor such designation; and (2) if (A) the PIC and local officials jointly apply for such designation or (B) the Governor finds that the program funds administrator has not adequately carried out the requirements of this Act and the majority of PIC members favor such designation. Requires notice to local governments and opportunity for hearing such governments and other interested parties before such designation may be made.

Limits program year spending for administrative costs (including evaluation) to 20 percent of program funds. Requires the PIC to subcontract at least 80 percent of funds available in any fiscal year, excluding funds used for administration and on-the-job training programs.

Authorizes the Governor to establish a State job training council to assist in making decisions and determinations required under this title. Requires that at least one-fourth of State council members be PIC business representatives and the remainder represent local governments, labor, the economically disadvantaged and State or other public agencies.

Permits program funds to be used for: (1) specified activities for employment preparation and placement of disadvantaged persons; (2) supportive services for program participation and employment retention; (3) up to six weeks of participant wages as employees of public or private nonprofit organizations while performing services in a regular employment placement program with a private for-profit employer; (4) payments to private for-profit employers for on-the-job training costs; (5) reimbursement of participant costs, including special long-term training needs and modest bonuses for program completion, but excluding stipend or allowance payments; and (6) area employment generating activities.

Requires that 50 to 75 percent of program funds be used for youth (under age 22) services. Adjusts the 50 percent minimum by the difference between the ratio of disadvantaged youths to disadvantaged adults in the service delivery area and such ratio for all States.

Bases eligibility for program participation on a person's being economically disadvantaged. Permits up to ten percent of program participants to be individuals who are not economically disadvantaged, if such individuals have encountered employment barriers (such individuals may include the physically handicapped, those with limited English-speaking ability, displaced homemakers, ex-offenders, alcoholics, addicts, or dislocated workers).

Requires, in the selection of agencies to deliver services, that: (1) prime consideration be given to past performance cost-effectiveness in delivery of comparable services; and (2) occupational skills training agencies be certified by the PIC as providing a level of skill acceptable to area employers.

Sets forth permissible uses of funds for Governors' statewide programs: (1) State council expenses, including program evaluation; (2) technical assistance; (3) linkage with, and assistance for, related programs; (4) special assistance for offenders, ex-offenders, and others; (5) dislocated workers programs; (6) labor market and occupational information; (7) a management information system; and (8) superior performance incentives. Directs Governors to publish: (1) proposed plans for uses of such funds 120 days before the program year and provide opportunity for comment to interested parties; and (2) final plans 80 days before the final period and submit them to the Secretary. Directs the Secretary to approve or disapprove the plan within 30 days. Permits Governors to request specified hearings if they cannot reach agreement with the Secretary within another 30 days.

Title II: National Job Training Programs - Part A: Native American Employment Training Programs - Sets forth provisions for Native American employment training programs that are basically similar to the current CETA programs for Native Americans, except for distribution of funds.

Part B: Migrant and Seasonal Farmworker Employment Training Programs - Sets forth provisions for migrant and seasonal farmworker employment training programs that are basically similar to the current CETA programs for migrant and seasonal farmworkers, except for distribution of funds.

Part C: Research, Evaluation, Pilot Projects, and Technical Assistance - Sets forth provisions for research, evaluation, and training and technical assistance similar in part to current CETA provisions.

Directs the Secretary to establish: (1) a comprehensive program of employment and training research; and (2) a program of experimental, developmental, and demonstration projects (but does not include current CETA provisions prohibiting such projects from experimenting with subsidized wages in the private sector or less than minimum wages).

Directs the Secretary to : (1) provide for continuing evaluation of all programs, activities, and research and demonstration projects conducted under this Act; and (2) report annually to the Congress on employment and training programs (but does not require the annual evaluation plan currently required under CETA).

Directs the Secretary to fund pilot projects to help eliminate artificial and other employment barriers faced by persons requiring special assistance. Prohibits funding any such pilot project for more than three years. Requires, in selecting pilot project fund recipients, that special consideration be given to community-based organizations of demonstrated effectiveness.

Directs the Secretary to consult with appropriate State officials in providing training and technical assistance.

Part D: Labor Market Information - Directs the Secretary to reserve, from specified set-aside funds, sums necessary to operate a Federal/State cooperative statistical labor market information program. Authorizes the heads of other Federal agencies to make specified funds available for such program.

Directs the Secretary to maintain on a national, State, local, and other appropriate basis: (1) a comprehensive national system of labor market information; and (2) household budget data reflecting differences in location. Directs the Secretary to publish an annual report linking labor force status with earnings and income.

Directs the Secretary, in cooperation with the Secretaries of Commerce, Defense, the Treasury, Education, and the Director of the Office of Management and the Budget (OMB), to: (1) review and integrate national information systems; (2) maintain standardized definitions; and (3) provide technical assistance to the States for an occupational supply/demand information system. Directs the Secretary, in cooperation with the Secretary of Defense, to assure that such system will provide young persons with information on Armed Forces career opportunities. Directs the Secretary and the Director of OMB to assure that sufficient funds are available to provide Federal staff for coordination functions for the cooperative labor market information program.

Requires, for eligibility for Federal financial assistance under this part, that Governors: (1) designate an organizational unit to manage a statewide comprehensive labor market/occupational supply and demand information system; (2) design such a system to meet specified guidelines; (3) standardize specified records and data to produce an employment/economic analysis; (4) assure that paperwork burdens are kept to a minimum; (5) disseminate labor market and individualized career information; and (6) conduct research and demonstration projects to improve the statewide information system.

Directs the Secretary to reimburse the States for the costs of State labor market information programs from amounts available under this part.

Allows States to combine, consolidate, or otherwise alter Federal administrative management information reporting requirements relating to employment, productivity, or training, if the Governor notifies each responsible Federal and State agency. Directs the appropriate Federal agency to approve such alteration within 60 days after receiving notice unless such agency can show that the essential purposes of the affected Federal law will not be met. Permits appeals of adverse decisions to the Director of OMB for final decision within 60 days.

Title III: Administrative and General Provisions - Authorizes appropriations for FY 1983 and thereafter to carry out titles I, II, and III of this Act. Sets forth provisions for program years and availability of funds.

Sets aside 22 percent of such funds for use by the Secretary as follows: (1) 66 percent of such amount for the CETA Job Corps; (2) ten and one-half percent for Indian programs; (3) ten percent for migrants and seasonal farmworkers programs; and (4) the remainder for administrative costs, research, pilot projects, and technical assistance and for the labor market information program. (Allots in title I the remainder of the amounts appropriated as follows: (1) seven percent to Governors' statewide programs; and (2) 71 percent for State programs and activities.)

Requires that performance criteria be developed. Directs the Secretary to prescribe standards to measure the increase in earnings and reductions in cash welfare payments resulting from participation in adult training programs. Allows each Governor to prescribe variations in such standards based on specific economic factors in the State and in service delivery areas. Directs the Secretary to prescribe variations in performance criteria for Native American and migrant and seasonal farmworker programs. Allows the administrator of funds in each service delivery area to develop local performance criteria for youth based on employment competencies recognized by the PIC and on placement and retention in employment. Directs the Governor and the Secretary to review such local performance criteria and competency standards.

Requires that each service delivery area annual report specify the extent to which programs meet program criteria. Directs the Governor to use ten percent of funds allocated for statewide programs to provide incentive funding for exceeding performance criteria, including incentives for serving the hard to serve. Directs the Governor to provide technical assistance to programs not meeting performance criteria and to propose a reorganization plan if the failure persists for a second year. Authorizes the Governor to make specified changes relating to the PIC, delivery agencies, or administrator for the service delivery area, after opportunity for a fair hearing.

Requires States to establish certain fiscal control and fund accounting procedures for Federal funds paid to recipients under titles I and V of this Act. Sets forth specified responsibilities of the Director of OMB and the Comptroller General of the United States.

Requires recipients to keep records sufficient to permit reports and investigations under this Act. Directs the Secretary, and authorizes the Comptroller General, to carry out specified investigations. Requires States to make prescribed reports and maintain a management information system.

Sets forth affirmative action provisions for contracts under this Act.

Establishes a Commission on Employment and Productivity.

Sets forth administrative provisions.

Repeals the Comprehensive Employment and Training Act (CETA), other than part B of title IV relating to the Job Corps.

Title IV: Amendments to the Wagner-Peyser Act - Amends the Wagner-Peyser Act (U.S. Employment Service) to provide for a transition to program year funding similar to that under this Act. Directs the Secretary to distribute funds under such Act to States on the basis of numbers of individuals in the civilian labor force. Provides that 25 percent of the State allotment be used for statewide programs and that the remaining 75 percent be suballocated to service delivery areas. Requires that each PIC (or, where there is no PIC, an official designated by the Governor) prepare a local plan for service delivery area use of such funds. Directs the State to prepare a consolidated State plan for approval by the Secretary.

Sets forth permissible uses of funds for statewide and local programs. Authorizes the Secretary to establish performance standards which take into account the differences in priorities reflected in State plans. Sets forth fiscal control and fund accounting requirements. Sets forth provisions for recordkeeping, reports, and investigations.

Title V: Dislocated Workers - Authorizes appropriations for FY 1983 and thereafter to carry out this title. Allots such funds among States on the basis of numbers of long-term unemployed persons. Authorizes the Secretary to reallocate any amount which a State cannot use within a reasonable period of time.

Authorizes States to establish procedures to identify substantial groups of workers who: (1) have been laid off, are eligible for or have exhausted entitlement to unemployment compensation, and are unlikely to return to their previous industry or occupation; and (2) are employed in operations or establishments which the employer has determined to shut down permanently. Directs States, with PIC assistance, to determine what job opportunities exist within or outside the local labor market area. Directs States to: (1) determine whether such retraining opportunities exist or could be provided within the area; and (2) make such information available to workers.

Permits Federal funds provided to States under this title to be used to pay 50 percent of the dislocated workers assistance program. Sets forth permissible types of job training and related services under such program. Requires States to give an opportunity for applicants for funding of locally developed projects to carry out such program.

Title VI: Coordination of Job Training Activities - Provides that PICs may be used for planning or advice for programs under any Federal law relating to employment or training.

Permits a Governor to combine two or more advisory councils whose functions relate to employment or training, or use one such council to perform additional functions, if essential elements regarding council composition are met, public notice is given, and appropriate Federal agency approval is received. Provides for appeals in cases of disapproval.

Amends the Economy Act to permit each State agency to contract with any other State agency to perform services under Federally-assisted job training or related programs if the Governor determines that such a contract will promote efficiency.