To create a more competitive and diverse workforce and to increase the productivity of American labor in the 21st century by establishing an adequate data base, enhancing administrative procedures, and facilitating educational progress, and for other purposes.
Workforce 2000 Employment Readiness Act of 1989 - Directs the Bureau of Labor Statistics (BLS) to publish reports, including interim reports, on the following employment data: (1) the total number of persons in an occupation group and in the labor force; and (2) the number of such persons, by sex, who are members of each race and ethnic category defined in Directive 15 of the Office of Management and Budget. Requires: (1) one report showing employment data for each occupation group and its hiring area as of April 1, 1990; and (2) further reports with such data as of each tenth year thereafter and any other year in which a mid-decade census is taken. Sets forth requirements for interim reports including deadlines. Requires such reports to include data quality reliability evaluations and recommended improvements.
Directs the BLS to publish a biennial survey of compensation of workers, based on data from a representative sample of establishments, by each occupation group and hiring area for that group, broken down by the specified ethnic, racial, and gender categories.
Requires each employer to maintain such compensation and other employment records, by employee, as the Secretary of Labor determines are necessary to carry out this Act. Requires maintenance of such records for five years after they are created, unless pending litigation or administrative proceedings require otherwise. Directs the Secretary of Labor to require such records to be maintained by the occupation group and hiring area categories established by the BLS and by the race, ethnic, and sex categories used for the required reports. Authorizes the BLS to require any person or governmental entity to furnish, onsite or offsite, the data and information the BLS needs to carry out its functions under this Act. Makes individually identifiable data and information furnished for such purpose confidential, not to be used for other purposes, and not subject to compulsory process. Sets penalties of fines or imprisonment for failure to keep or provide such data and information.
Sets a deadline by which the Bureau of the Census must provide census data necessary for the BLS to perform its functions under this Act.
Directs the BLS to establish an advisory council to advise on the implementation of BLS functions under this Act. Terminates such council seven years after its establishment.
Directs the Secretary of Labor to report annually to the Congress on implementation of such BLS functions.
Requires employers in specified categories covered by this Act to report to an entity jointly designated by the Equal Employment Opportunity Commission (EEOC) and the Assistant Secretary of Labor for Federal Contract Compliance specified employment information relating to affirmative action programs and goals. Requires all employers with 50 or more employees to report such information annually. Requires Federal contractors or subcontractors with more than 50 employees and with contracts, subcontracts, or purchase orders above a specified amount to report additional information annually. Requires construction contractors or subcontractors with ten or more employees and with a Federal or federally-assisted contract or subcontract above a specified amount to report additional information on skilled craft employees monthly. Substitutes such reports for any required under a specified program, Federal regulations, Executive Order 11246, or title VII of the Civil Rights Act of 1964.
Directs the Assistant Secretary of Labor for Federal Contract Compliance to: (1) conduct random and systematic audits of such reports; (2) develop and maintain a current list of all contractors required to file them; and (3) report annually to the Congress an analysis of the overall trends they reflect. Requires such report to assess progress of the agency in creating employment opportunities for minorities, women, handicapped individuals, and Vietnam-era veterans.
Establishes in the Treasury the Education Improvement Fund. Directs each contracting Federal agency, upon the transfer of any amount of money to a recipient under a contract or other arrangement to which Executive Order 11246 requirements apply, to deduct five-thousandths of such amount and transfer it to the Fund. Reduces such deduction by half in the case of a small business. Provides for reductions of such deduction by the amount contributed by a recipient to programs serving the same purposes as those supported by the Fund. Provides for the allocation of appropriations from the Fund among specified educational programs and activities.
Establishes an Advisory Board of the Education Improvement Fund to advise the Secretary of Education with respect to the use of funds for grants to higher education institutions, local education agencies, State education agencies, and vocational education institutions. Directs the Board to: (1) recommend general policies and oversee program operations; (2) appoint panels of distinguished academic scholars to select grant recipients; and (3) report to the Congress at least once every three years on appropriate program modifications. Establishes the Office of the Director of the Fund in the Department of Education.
Directs the Secretary of Education to award grants to higher education institutions for undergraduate and graduate scholarships to talented and needy students from underrepresented racial, ethic, or gender groups for career preparation in fields in which they are underrepresented.
Limits such grants to one academic year of study and renewal of them to a total period not to exceed five years of undergraduate study and five years of graduate study. Directs the Secretary to give special consideration to awarding grants to historically black colleges and universities, traditionally black higher education institutions, institutions with significant minority populations, and historically female higher education institutions.
Requires exclusive use of grant funds for direct scholarship aid to eligible students.
Directs the Secretary to award grants to State education agencies, local education agencies, and vocational institutions for more effective programs of instruction for educationally disadvantaged children belonging to specified underrepresented racial, ethnic, and gender groups. Requires use of such grants to strengthen academic skills of such children and prepare them to enter postsecondary programs in fields in which their group is underrepresented and there is a national need. Earmarks certain grant funds also for specified teacher training and retraining programs. Limits grants to one school year of study, with possible annual renewals. Sets forth application and selection requirements. Directs the Secretary to give special consideration to State and local educational agencies in which there is a student population of more than 50 percent educationally disadvantaged children.
Requires grant funds to be used for: (1) innovations and improvements in instruction for educationally disadvantaged children from the underrepresented groups; (2) early identification and recruitment of minority and female students to enter fields requiring substantial preparation in mathematics and science, the teaching profession, and other technical fields determined by the Board; (3) assessment of need for minority teachers and planning for current and projected minority teacher shortages; (4) incentive payments to teachers, to encourage minority teacher recruitment and teacher training and retraining in designated fields; (5) midcareer minority entry or reentry into teaching; and (6) workforce development centers composed of consortia of various entities to update teacher skills and prepare underrepresented students for careers in targets areas.
Sets forth requirements for preaward review of Federal contractors, applicable in lieu of specified certificates of merit under Executive Order 11246. Prohibits a Federal agency from awarding or otherwise entering into a contract to which the requirements of Executive Order 11246 apply unless the Assistant Secretary of Labor for Federal Contract Compliance has, within the past two years, conducted and approved a preaward review of each pertinent contractor whose contract or subcontract is of a value of $5,000,000 of more. Authorizes the Assistant Secretary to require a preaward review for any other contractor. Authorizes the Assistant Secretary to grant waivers of the preaward review upon certification of the head of the contracting agency that national security and urgent and compelling circumstances require such waiver.
Directs the Assistant Secretary to give notice of failure to approve a preaward review to all interested parties. Sets forth a protest procedure for interested parties denied a contract.
Provides for administrative enforcement by the Secretary of Labor or the EEOC of this Act and related Executive Orders. Requires treble damages in cases of retaliation for filing a complaint. Requires cancellation, termination, or suspension of the relevant contract or part in cases of repeated failures to comply with an Executive Order or to provide required data. Sets forth civil penalties for violations and provides for judicial review of orders. Prohibits retaliation, including malicious interference with future employment, or discrimination against anyone filing a complaint under these provisions for administrative enforcement.
Allows private persons to bring civil actions to obtain appropriate relief, including any relief which would be required by an administrative enforcement order, if they are harmed by a violation of specified Federal laws or orders. Allows the actions against Secretary of Labor to enforce this Act or Executive Order 11246 by any member of the labor force who belongs to a described ethnic, racial, or gender category that is underrepresented in an occupational group in the most recent BLS report. Directs the Secretary to conduct reviews and enforcement in accordance with published rules. Authorizes the Secretary to intervene as a party in such civil actions.
Declares that this Act does not affect the availability of any other State or Federal remedies, except that commencing a civil action under this Act bars an individual from commencing one under title VII of the Civil Rights Act of 1964 with respect to the same claim.
Directs the Secretary of Labor to coordinate administration of this Act with the contract compliance requirements of State and local government.
Prohibits employers from passing through to the Federal Government specified costs incurred under this Act.
Establishes the Office of the Assistant Secretary of Labor for Federal Contract Compliance. Vests the functions of the Office of Federal Contract Compliance Programs in such Assistant Secretary.
Gives the force and effect of law to specified portions of Executive Order 11246, and related regulations, which mandate enforcement of nondiscrimination and affirmative action requirements in Federal contracts through the Department of Labor's Office of Federal Contract Compliance Programs. Prohibits modification or abrogation of such portions of that order and such regulations except by Act of Congress. Provides that any provision of such order or regulations inconsistent with this Act shall have no further force or effect to the extent of that inconsistency.
Directs the Secretary of Labor, within 90 days, to report to the Congress a schedule for implementation of data collection and employer reports provisions of this Act. Requires full implementation within four years, except as otherwise provided.
Defines "employer" as defined under title VII of the Civil Rights Act of 1964, but also including any contractor with 15 or more employees.
Introduced in House
Introduced in House
Referred to the House Committee on Education and Labor.
Executive Comment Requested from HHS, Education, and EEOC.
Committee Hearings Held.
Field Hearings Held in Los Angeles, California
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