H.R.6123 - Community Partnership for Employment and Training Act97th Congress (1981-1982)
|Sponsor:||Rep. Mazzoli, Romano L. [D-KY-3] (Introduced 04/20/1982)|
|Committees:||House - Education and Labor|
|Latest Action:||House - 05/07/1982 Referred to Subcommittee on Employment Opportunities. (All Actions)|
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Summary: H.R.6123 — 97th Congress (1981-1982)All Information (Except Text)
Introduced in House (04/20/1982)
Community Partnership for Employment and Training Act - Sets forth the purposes of this Act, including: (1) matching labor force skills to the economy's needs; (2) increasing the employability of the poor; (3) assisting new or dislocated workers to find permanent employment; (4) providing employment and training service to high unemployment areas; and (5) establishing a community-based employment and training system based on partnership between State and local governments and the private sector.
Authorizes appropriations for FY 1983 and thereafter to carry out titles II, III, and IV of this Act.
Title I: Community Public-Private Training and Employment Assistance System - Part A: Organizational Provisions - Sets forth provisions for prime sponsors under this Act which include prime sponsors under the Comprehensive Employment and Training Act (CETA) and which are similar to CETA provisions.
Makes eligible for bonus payments any prime sponsor which: (1) is a consortium of local governments that includes a local government which was a CETA prime sponsor; and (2) serves a preponderence of a major functioning labor market area. Permits such prime sponsors to: (1) submit plans for approval for periods of more than one year; and (2) retain up to one-half of available funds for any fiscal year for use in the succeeding fiscal year.
Requires each prime sponsor to establish (or provide for continuance of) a private industry council (PIC) to be jointly responsible for planning activities under this Act. Prohibits prime sponsors from using funds under this Act for any activity not approved by the PIC.
Directs the prime sponsor to appoint the initial members of the council, and to fill vacancies with the advice and consent of two-thirds of the remaining members. Requires that a majority be representatives of business and industry in the area served by the prime sponsor and that the remaining members be representatives of labor, education, community-based organizations, and economic development organizations and agencies.
Directs the Secretary of Labor to establish minimum national performance standards, based on such factors as unsubsidized employment placement and retention, wage increases, and income support payment reductions. Directs the Secretary to establish separate standards for youth, based on such factors as educational competencies attainment, elementary, secondary, and postsecondary school completion, and referral to other training programs, such as apprenticeships or military enlistment.
Authorizes the Secretary to waive application of national performance standards for prime sponsors demonstrating exceptional local economic hardship and to approve less stringent performance goals which are the best reasonably attainable goals.
Directs the Secretary, where a prime sponsor is failing to attain performance goals, to: (1) provide notice and technical assistance to the prime sponsor; and (2) in the case of ongoing failure during two consecutive years, (A) designate an alternate prime sponsor to prepare a plan for the area for the succeeding years and (B) terminate provision of funds to the unsuccessful prime sponsor. Authorizes the Secretary, upon determination that a prime sponsor has corrected the causes of a failure, to designate that prime sponsor to prepare a plan for the year after an alternate has served the area.
Sets forth requirements for prime sponsor plans. Requires that such plans be developed in consultation with, and submitted with the approval of a majority of, the PIC. Authorizes the Secretary to designate the State or other alternate prime sponsor to develop a plan, with PIC consultation and majority approval, in cases where the PIC and the prime sponsor cannot concur.
Requires each plan to describe activities conducted with funds under this Act, including: (1) a labor market analysis; (2) a demographic analysis of the eligible population; (3) participant selection procedures; (4) training and employment services, including duration, costs, wages, stipends, or allowances, and supportive services; (5) service provider selection methods and criteria, including consideration of community-based organizations as subgrantees or subcontractors; (6) arrangements for coordination with educational agencies; and (7) procedures for expenditure recordkeeping and for monitoring and auditing subgrantees or subcontractors. Requires each plan to include performance goals and a statement assurance of compliance with applicable requirements.
Requires, as a qualification for additional administrative incentives, that a plan provide: (1) evidence of joint development in consultation with agencies administering other Federal employment-related programs; and (2) methods for coordination with such other Federal employment-related programs, including alternative reporting or recordkeeping requirements and uniform administrative forms. Permits plans thus qualifying to cover a period of more than one fiscal year.
Sets forth procedures for review of prime sponsor plans by the PIC, the Governor, and appropriate local governments, as well as for availability to the public, before submittal for approval or disapproval by the Secretary.
Requires the States seeking financial assistance under this Act to submit a Governor's coordination and special services plan (similar to that under CETA) to the Secretary for approval based on satisfactory implementation of: (1) coordination of all the State's employment and training, education, and related services; (2) technical assistance for prime sponsors; (3) special model training and employment programs and related services; (4) vocational education services agreed upon by prime sponsors and the State vocational education board; (5) rural area special assistance; (6) labor market and occupational information provisions without reimbursement to prime sponsors and appropriate education agencies; (7) fostering activities of the State Occupational Information Coordination Committee; (8) industrywide training; and (9) activities under title III (Employment and Training Assistance for Displaced Workers), if the State is eligible for financial assistance under title III.
Requires States desiring to receive financial assistance under this Act to establish a State employment and training coordinating council. Includes among such council's duties the review of plans and programs of prime sponsors and of all appropriate State agencies, and other activities similar to those of the State employment and training council under CETA.
Part B: General Requirements - Sets forth general program requirements under this Act which are similar in part to some special and general program conditions under CETA.
Requires prime sponsors to provide employment and training opportunities to those most in need of such opportunities and make every effort to provide equitable services among significant segments of the eligible population.
Sets program participation (30 months) and training allowances (104 weeks) limits similar to those under CETA. Sets a participant subsidized wage limit of 78 weeks in any five-year period (similar to the CETA limit on public service employment). Permits subsidized employment with a private for-profit employer, but only if the employee is an economically disadvantaged youth aged 16 through 19 and specified title II provisions are met. Permits subsidized employment of any sort only if the prime sponsor determines that unsubsidized employment is not immediately available in the area served.
Prohibits (as did CETA) funding of programs involving political activities.
Sets forth provisions for wages, benefits, and allowances.
Sets forth labor standards.
Sets forth provisions relating to allocation and availability of funds, reports, records, audits, investigations, complaints and sanctions, judicial review, interstate agreements, services and property, and the utilization of services and facilities.
Title II: Employment and Training Services for the Economically Disadvantaged - Sets forth formulas for the allocation of amounts appropriated to carry out this title.
Allocates 83 percent in FY 1983 and 73 percent in succeeding fiscal years among the States on the basis of relative numbers of: (1) employed persons; (2) unemployed persons in excess of four-and-one-half percent of the labor force in the State or in areas of substantial unemployment; (3) unemployed persons residing in areas of substantial unemployment; and (4) adults in low-income families. Directs the Secretary to suballocate the State allocation among prime sponsors within the State on an equitable basis based upon such relative numbers.
Allocates ten percent of the amount appropriated for title II for any fiscal year, among the States in proportion to their other allocation, for the Governor's coordinating and special services and for the State employment and training council.
Directs the Secretary to make available five percent of title II funds to prime sponsors: (1) in FY 1983 on a basis consistent with the purposes of this Act; and (2) in FY 1984 and thereafter to those who have met or exceeded performance goals during the preceding fiscal year.
Directs the Secretary to allocate ten percent of title II funds in FY 1984 and thereafter to prime sponsors who raise, and expend for title II program purposes specified amounts of non-Federal funds.
Directs the Secretary to allocate two percent of title II funds among prime sponsors eligible for bonus payments for forming consortia of local governments serving major labor market areas.
Requires prime sponsors to use title II funds in accordance with their plans to provide employment and training services which they and their PICs determine to be necessary and appropriate for economically disadvantaged youth and adults. Requires that at least one-half of such funds be used for such services for youth aged 16 through 21, with proportionate reductions of this minimum requirement in areas where the ratio of economically disadvantaged youth to economically disadvantaged adults is less than the nationwide ratio.
Sets forth a non-exhaustive list of permissible title II services. Permits wage subsidies for temporary employment with public or private nonprofit employers. Permits wage subsidies to private for-profit employers for part-time employment during the school year or full-time employment not to exceed eight weeks during the summer for in-school economically disadvantaged youth aged 16 through 19, provided no such subsidy exceeds the net cost to the employer of wages paid and training provided. Includes among other permissable services: (1) job search; (2) job counseling; (3) remedial and basic skills education; (4) institutional skill training; (5) on-the-job training; (6) outreach; (7) labor market information; (8) work habit development; (9) supportive services; (10) upgrading and retraining; (11) education-to-work transition; (12) literacy and bilingual training; (13) work experience and vocational exploration; (14) high school equivalency; (15) job and job-opening development and generation; (16) apprenticeship; (17) program information to employers; (18) advanced learning technology; (19) followup; and (20) coordination with related programs.
Limits eligibility to participate in title II programs to economically disadvantaged individuals aged 16 or older, but allows: (1) youth aged 14 or 15 to receive specified employment assistance services; and (2) up to ten percent of title II program participants to be individuals who are not economically disadvantaged if such individuals have encountered barriers to employment (such individuals may include the physically handicapped, those with limited English-speaking ability, displaced homemakers, ex-offenders, alcoholics, or addicts).
Title III: Employment and Training Assistance for Displaced Workers - Declares the purposes of this title to be: (1) alternative employment assistance to involuntarily unemployed individuals unlikely to be rehired by the same employer; (2) occupational retraining for individuals with skills in declining occupations; and (3) reduction of the impact of economic dislocation on local communities.
Directs the Secretary to allocate title III funds for any fiscal year among the States on the basis of relative numbers of: (1) individuals in the labor force; (2) unemployed persons; and (3) persons unemployed for ten weeks or more.
Requires each State to match its title III Federal grant by an equal expenditure of non-Federal public or private funds for title III services, including direct costs of such services and State unemployment insurance benefits to participants in title III programs.
Requires States desiring title III funds to submit to the Secretary of State displaced worker plans for the use of such funds and for coordination of title III programs with other Federal, State, or local employment-related programs. Requires such plans to ensure the maximum feasible utilization of title II program facilities and services in carrying out title III programs.
Requires prime sponsor and PIC approval of title III program operations in the areas they serve.
Requires, for specified title III program services, affected labor organization consultation and approval.
Authorizes use of title III funds to assist eligible participants to obtain unsubsidized employment through services which include, but are not limited to: (1) job search; (2) job development; (3) in-demand skills training; (4) support services; (5) relocation assistance; and (6) cooperative programs with employers or labor organizations for early intervention in the event of plant closures. Requires allowances or stipends for eligible participants during title III training or retraining periods. Permits relocation assistance if the State determines that the participant: (1) cannot obtain employment within the commuting area; and (2) has secured suitable long-duration employment or a bona fide job offer in a relocation area.
Makes eligible for title III services any individual who has experienced or been notified of termination or suspension of employment as a result of any plant closure or permanent reduction in force. Makes eligible for title III training or retraining programs any unemployed individual with job skills that the State determines offer limited opportunities for employment or reemployment in the same or a similar occupation in the area of residence.
Title IV: National Employment and Training Programs - Part A: Employment and Training Services for Indians and Migrants and Seasonal Farmworkers - Sets forth provisions for Native American employment and training programs which are similar to CETA provisions. Directs the Secretary to reserve for Native Americans programs from title IV funds an amount equal to not less than two and seven-tenths percent of the amount available for title II programs. Directs the Secretary to prescribe rules, regulations and performance standards necessary to meet the special circumstances under which such Native American programs operate.
Sets forth provisions for migrant and seasonal farmworker employment and training programs, similar in part to CETA provisions. Directs the Secretary to establish an office of farmworker programs within the national headquarters of the Department of Labor to select, administer, monitor, and evaluate such programs. Requires that the public agencies and private nonprofit organizations carrying out program services have a previously demonstrated capability to administer effectively a diversified employability development program for migrant and seasonal farmworkers. Authorizes the Secretary to approve the designation of grantees for such programs for a period of two years. Requires that such programs, in addition to other employment and retraining activities assist in improving the well-being of farmworkers who remain as seasonal agricultural employees. Requires title IV fund recipients to establish performance goals. Directs the Secretary to reserve for farmworker programs from title IV funds an amount equal to not less than two and eight-tenths percent of the amount available for title II programs. Prohibits national farmworker programs and activities from precluding other assistance to farmworkers under this Act.
Part B: Job Corps - Sets forth provisions for the Job Corps which are similar to CETA provisions.
Sets participant age limits of 16 through 24 (CETA provides limits of 14 through 21), but permits appropriate nonresidential services for 14 and 15 year olds (both this Act and CETA allow waivers of the maximum age limitation in cases of handicapped individuals).
Authorizes the Secretary to pay individuals and organizations for the cost of recruitment, screening, and selection of Job Corp candidates (but prohibits, as does CETA, any payment solely as compensation for referring the names of candidates.
Provides for an exception from the two-year Job Corps enrollment period limit where necessary for participation in an advanced career program (as well as in special cases). Authorizes the Secretary to arrange for advanced career training programs for selected Corps members for a period of up to one additional year of Corps participation. Permits such programs to be provided by postsecondary institutions or by businesses and labor unions.
Limits, in FY 1983, personal allowances to no more than $70 per month for the first six months and no more than $125 for the remainder of Corps service, for expected short-term service, or for readjustment allowances. Permits the Secretary to increase such allowances in FY 1984 and thereafter.
Directs the Secretary to disseminate information from Job Corps program experience which may help related programs.
Authorizes the Secretary to test at various Job Corps centers the efficacy of selected education or training activities.
Directs the Secretary to establish annual orientation and training sessions for appropriate prime sponsor and Job Corps staff to be held at Job Corps centers.
Authorizes the Secretary to arrange with the Secretary of Defense for pilot projects at Job Corps centers to prepare youth to qualify for military service. Permits permanent programs for such purpose if the Secretary of Defense reimburses the Job Corps for 90 percent of program costs.
Authorizes the Secretary to undertake pilot projects using community-based organizations of demonstrated effectiveness for Job Corps center operation.
Authorizes the Secretary to accept on behalf of the Job Corps charitable donations which would not jeopardize Job Corps integrity.
Part C: National Programs and Activities - Directs the Secretary to use specified funds to provide services authorized under all titles of this Act for employment and training programs that are most appropriately administered from the national level, such as federally-assisted multistate programs sponsored by public agencies or private organizations, including programs: (1) assisting persons with particular employment-related disadvantages (such as offenders, persons with limited English proficency, handicapped, women, single parents, displaced homemakers, youth, older workers, persons lacking educational credentials, and public assistance recipients); (2) fostering employment and training linkages between public and private sectors; and (3) addressing critical skill shortages.
Directs the Secretary to provide for research and demonstration programs and for training and technical assistance.
Directs the Secretary to establish, in the office of the Secretary an Office of Management Assistance to provide specified services to prime sponsors.
Part D: Labor Market Information - Sets forth provisions for a comprehensive system of labor market information which are similar to CETA provisions. Directs the Secretary to assure: (1) statistical reliability and national standardized definitions of employment, unemployment, and occupational definitions for purposes of such system; (2) consolidated departmental data collecting and processing systems to eliminate overlap and duplication; and (3) compliance with Federal Paperwork Reduction Act criteria.
Establishes a National Occupational Information Coordinating Committee. Reserves funds from amounts available for this part to establish and maintain the Committee in the Department of Labor to assure the coordination of functions required by this part. Sets forth provisions relating to the Committee which are similar to CETA provisions.
Sets forth provisions for a nationwide computerized job bank and matching program which are similar to CETA provisions.
Part E: Economic Adjustment Program - Directs the Secretary to use funds available for this part to provide financial assistance to eligible prime sponsors for employment services, subsidized employment, and appropriate training and supportive services for unemployed workers.
Makes prime sponsors eligible to apply for national Economic Adjustment Program (EAP) funds if the area under prime sponsor jurisdiction has an unemployment rate for the preceding three consecutive months exceeding the national average. Requires the PIC approval of prime sponsor EAP plans. Makes any Indian tribe, band, or group receiving part A assistance an eligible prime sponsor for EAP purposes.
Permits EAP programs or activities to include any activity authorized under titles II or III of this Act.
Makes individuals eligible for EAP participation if they: (1) have been unemployed for at least ten out of the 12 weeks immediately prior to the eligibility determination; and (2) are economically disadvantaged. Permits 20 percent of participants in a prime sponsor's EAP programs and activities to be individuals who are not economically disadvantaged.
Directs the Secretary to establish priority approval criteria for EAP proposals, including such factors as: (1) severity of area unemployment; (2) potential for training leading to unsubsidized employment in occuaptions with skills shortages; and (3) involvement of subsidized employment in economic development activity (including public facility maintenance) leading to expanded private unsubsidized employment opportunities.
Part F: National Commission on Employment and Productivity - Establishes a National Commission on Employment and Productivity (replaces the National Commission for Employment Policy under CETA and reconstitutes its membership without Federal officials). Sets forth provisions for Commission functions, administration, and reports which are similar to CETA provisions.
Title V: Amendments to Other Laws - Amends the Wagner-Peyser Act (U.S. Employment Service) to direct the Secretary to distribute 98 percent of funds under such Act among the States on the basis of relative numbers of: (1) individuals in the civilian labor force in each State as compared to all States; and (2) unemployed individuals in each State as compared to all States. Directs the Secretary to allocate the remaining two percent of such funds among those local employment service offices which have developed joint plans with prime sponsors under this Act.
Permits State allocations to be used for: (1) job search and placement services for job seekers; (2) recruitment and technical services for employees: (3) program evaluation; (4) service linkages with related government programs; (5) services for displaced workers; (6) labor market and occupational information; (7) management information and analysis; (8) work test administration for the State unemployment compensation system; and (9) job search and placement for unemployment insurance claimants. Authorizes the U.S. Employment Service to perform only such activities and such other labor market-related services as are specified in reimbursable contracts with other State or Federal agencies.
Amends part C (Work Incentive Program - WIN) of title IV of the Social Security Act to make applicants for (as well as recipients of) aid to families with dependent children (AFDC) eligible for the WIN program. Deletes a requirement that a specified portion of WIN program funds be used for specified on-the-job training and public service employment programs.
Directs the Secretary to assure that WIN registrants receive employment and training services under this Act.
Directs the Secretary to utilize PICs of prime sponsors under this Act for advice as to availability of area jobs for WIN programs purposes (thus replacing the WIN Labor Market Advisory Councils established to serve such function).
Revises provisions for WIN program operation to direct the Secretary to: (1) provide intensive job search assistance services for all WIN registrants (as a program requirement, with specified exceptions); (2) following provision of such services, refer all WIN registrants who have not been placed in unsubsidized employment to the appropriate prime sponsor for employment and training services under this Act; and (3) place WIN registrants without unsubsidized jobs who are not currently served under this Act in other employment and training activities.
Requires the State agency administering WIN program activities to coordinate these with activities under this Act.
Repeals the Comprehensive Employment and Training Act (CETA), as of October 1, 1982.
Provides for a CETA program transition period expiring at the end of June 30, 1983. Permits prime sponsors, even before the expiration of such transition period, to carry out activities authorized under this Act.