Job Training and Basic Skills Act of 1992

Job Training and Basic Skills Act of 1992 - Amends the Job Training Partnership Act (JTPA) to revise and extend employment and training assistance programs.

Declares it to be the policy of the United States to: (1) provide financial assistance to States and local service delivery areas (SDAs) to meet the training needs of low-income adults and youth and assist them in obtaining unsubsidized employment; (2) increase funds available for programs of training services for the disadvantaged by at least ten percent of the baseline each fiscal year to provide for growth in the number of eligible adults and youth served beyond the current five percent of the eligible population in need of these services; and (3) encourage provision of longer and more comprehensive education, training, and employment services to the eligible population, with increased funding to maintain current service levels.

Amends the Job Training Partnership Act (JTPA) to authorize appropriations for FY 1993 and succceeding fiscal years.

Defines "basic skills deficient" as reading or computing skills at or below 8th grade level. Adds the Association of Farmworker Opportunity Programs, literacy organizations, organizations serving older workers and organizations that provide service opportunities and youth corps programs to the list of community-based organizations.

Revises the definition of "economically disadvantaged" to refer to the official poverty line. Revises the definition of "supportive services" to include: (1) drug and alcohol abuse counseling and referral; and (2) individual and family counseling.

Includes representatives of public assistance agencies and local welfare agencies on private industry councils (PICs) under JTPA. Revises other provisions for PIC membership.

Applies the requirement for a job training plan to training services for the disadvantaged only. Revises requirements for the contents of such plans to provide for linkages with appropriate agencies and for outreach to recruit locally determined target groups. Adds requirements for procedures for selecting service providers.

Requires service delivery area (SDA) job training plans to include: (1) goals for the training of women in nontraditional employment and the training-related placement of women in nontraditional employment and apprenticeship; (2) a description of efforts to be undertaken to accomplish such goals, including efforts to increase awareness of such training and placement opportunities; and (3) procedures for annual reporting of the extent to which the SDA has met such goals and of a statistical breakdown of women trained and placed in nontraditional occupations, including specified types of information.

Adds community-based organizations to those entities reviewing such job training plans.

Revises requirements for training services for the disadvantaged performance standards to: (1) promote delivery of services to the hard-to-serve; and (2) add measurement of increased basic education attainment and occupational skills (as well as the current measurement of increased employment and earnings and reduced dependency). Provides for the following additional factors in performance standards for youth programs: (1) attainment of employability competencies; (2) dropout prevention and recovery: (3) secondary and postsecondary school completion or its equivalent; and (4) enrollment in other education, training, or employment programs or apprenticeship, or enlistment in the Armed Forces. Allows variations in standards to reflect differences between in-school and out-of-school programs.

Requires the private industry council to determine levels for competency standards based on such factors as entry skill levels and other hiring requirements. Sets forth additional elements of performance standards.

Retains the requirement that the Secretary prescribe performance measures, but states that such standards shall not be taken into consideration in the award of incentive grants.

Provides that Governor's incentive grant awards shall be to service delivery areas (SDAs) conducting adult and youth programs which: (1) meet specified performance standards established by the the Secretary, serve more than a specified minimum percentage of out-service-school youth, and exceed performance standards for hard-to-serve- populations; (2) place participants in employment providing wages at placement exceeding the appropriate performance criteria, as well as employer-assisted employment benefits (including health benefits); (3) meet specified performance standards established by the Governor; and (4) establish linkages with other programs to avoid duplication and enhance delivery of services.

Retains the requirement for the Secretary to prescribe performance standards for dislocated workers employment and training assistance based on placement and retention in unsubsidized employment. Retains the requirement that such standards make appropriate allowance for the difference in cost resulting from serving workers receiving cetain needs-related payments. Changes from discretionary to mandatory the authority of State Governors to prescribe, within certain parameters, variations in performance standards for training services for the disadvantaged and for dislocated workers employment and training assistance.

Directs the Secretary to: (1) provide information and technical assistance on performance standards adjustments; (2) collect data that identify hard-to-serve individuals and long-term welfare dependency; (3) provide guidance on setting performance goals at the service provider level that encourages increased service to the hard-to-serve, particularly long-term welfare recipients; and (4) review performance standards to ensure that they provide maximum incentive in serving the hard-to-serve, particularly long-term welfare recipients, including those receiving benefits under the aid to families with dependent children (AFDC) and supplemental security income (SSI) programs of the Social Security Act.

Authorizes Governors to prescribe additional performance standards for these programs, which must be reported in the coordination and special services plan.

Directs the Secretary to prescribe performance standards for: (1) employment and training programs for Native Americans and migrant and seasonal farm workers; (2) the Jobs Corps; and (3) the jobs for employable dependent individuals incentive bonus program.

Directs the Secretary to prescribe a system for adjustments in JTPA performance standards for special populations to be served. (Current law requires prescriptions of such variations, but without system.)

Authorizes the Secretary to modify JTPA performance standards not more often than once every two program years (except that Job Corps standards may be modified each program year). Prohibits such modifications from being retroactive.

Directs the National Commission on Employment Policy to: (1) advise the Secretary in development of performance standards to measure results of participation in job training and development of parameters for variations of such standards; and (2) evaluate such standards' usefulness and their impact on the choice of recipients, types, and costs of services in SDAs.

Sets forth required responses to SDA failure to meet performance standards, including a process for correction. Directs the Secretary to establish uniform criteria for determining: (1) USDA failures to meet standards; and (2) circumstances under which remedial action shall be taken. Requires each State Governor to provide technical assistance to SDAs failing to meet the performance standards. Requires the Governor, if an SDA continues to fail to meet performance standards for two program years, to impose a reorganization plan. Allows the alternative administrative entity under such reorganization plan to be a newly formed private industry council or any jointly selected by the Governor and the chief elected official of the largest local government in the SDA or substate area. Allows SDAs to appeal to the Secretary for revision of such reorganization plans. Directs the Secretary, if the Governor does not impose a reorganization plan within a specified period, to impose such a plan on the SDA and to recapture or withhold a portion of State funds to provide technical assistance under such plan. Provides for appeals by: (1) SDAs subject to such plans; and (2) Governors of States subject to such recaptive or withholding of funds.

Defines "employment,"for purposes of JTPA performance standards, as employment for more than 20 hours per week.

Requires SDAs, in selecting service providers, to consider provision of support services, including child care.

Requires selection of service providers to be made on a competitive basis and to include: (1) a determination of such provider's ability to meet program design specifications that take into account JTPA's purposes and the goals established in the Governor's coordination and special services plan; and (2) documentation of compliance with procurement standards established by the Secretary, including the reasons for selection.

Revises limitations on certain costs for specified programs, including general administrative costs, combined administration and support services costs, and training related services costs. Prohibits duplication of supportive services which are available free to participants through other services.

Adds provisions for SDA transfer and agreement.

Provides for reallotment of unobligated funds for training services for the disadvantaged under JTPA title II.

Revises requirements for the Governor's coordination and special services plans to include: (1) descriptions of State coordination measures, projected grants uses, and services to older workers; (2) criteria for coordinating activities under JTPA with State and local services on aging and with programs operated under specified provisions of the Older Americans Act of 1965; and (3) initiatives under the State innovation and coordination program.

Includes the State Advisory Board established under the National and Community Service Act of 1990 among the entities which may be represented on the State job training coordination council under JTPA.

Revises provisions for State education coordination and grants. Includes under authorized projects statewide coordinated approaches to train, place, and retain women in nontraditional employment.

Requires the State Governor's coordination and special services plan to include such goals to be achieved and services to be provided by such programs for the training and placement and retention of women in nontraditional employment.

Eliminates specified provisions for training programs for older workers.

Requires identification of any State- or SDA-rule, regulation, policy, or funded by JTPA.

Requires State labor market information programs to include training and technical assistance to support comprehensive career guidance and participant outcome activities for local programs assisted under JTPA.

Revises general program requirements for service delivery systems.

Exempts normal tuition charges for training or education from certain requirements for a breakdown of cost components.

Exempts from specified cost limitations certain administrative expenses related to training incurred by community-based organizations.

Limits the duration of on-the-job training to a period not in excess of that generally required for acquisition of skills needed for that position, but never exceeding six months. Requires on-the-job contracts to: (1) specify types and duration of training and other services; and (2) if an intermediary brokering contractor is used for placements, specify certain additional services and factors.

Revises provisions relating to disposal of assets and program income.

Adds to grievance procedures one for those alleging displacement from employment in violation of specified JTPA provisions.

Revises certain Federal and fiscal administrative provisions. Allows the use of certain advance payment methods when contracting with nonprofit organizations of demonstrated effectiveness.

Requires States to establish fiscal control and fund accounting procedures to ensure proper disbursal and accounting of Federal funds. Requires the State Governor to establish procurement standards for the State, local areas, and SDAs to ensure that specified criteria are met. Requires State Governors to: (1) conduct annual on-site monitoring of each SDA and substate area to ensure compliance with such procurement standards; (2) impose corrective action to secure prompt compliance; (3) impose specified sanctions in the event of failure to take required corrective action; and (4) certify annually the State's implementation, monitoring, and enforcement of such standards. Directs the Secretary to: (1) biennially review the procurement standards; and (2) upon determination that the Governor has not fulfilled such requirements, to impose such corrective actions and sanctions. Directs the Secretary to review the implementation of these requirements and report with recommendations to the Congress on the effectiveness of such fiscal controls provisions.

Requires State Governors, upon determination that there is a substantial violation of JTPA and that corrective action has not been taken, to: (1) issue a notice of intent to revoke approval of all or part of the affected plan; or (2) impose a reorganization plan. Allows the Governor's actions to be appealed to the Secretary. Directs the Secretary to take such actions if the Governor fails to do so promptly.

Revises reporting, recordkeeping and investigative requirements. Requires recipients to maintain and provide to the Secretary standardized records of a sufficient number of individual participants to provide an adequate sample size to allow for preparation of natural estimates to meet specified requirements.

Requires the Secretary, Inspector General, or Comptroller General to furnish States or SDAs which are going to be investigated with the monitoring guides to be used by reviewers (for audits other than the initial survey or one investigating possible criminal or fraudulent conduct).

Requires States, administrative entities conducting the programs, and recipients (other than sub-recipients) to monitor the performance of service providers in complying with the agreements under JTPA.

Revises requirements for information in reports. Directs the Secretary to ensure that all elements required for reports are defined and reported uniformly.

Requires Governors to ensure that procedures are developed for retention of records for specified periods.

Requires the head of the Directorate for Civil Rights in the Department of Labor to report annually on the administration and enforcement of nondiscrimination provisions. Authorizes appropriations to increase the number of Directorate personnel in order to prepare such reports.

Revises JTPA title II provisions for training services for the disadvantaged adults and youth. (Divides JTPA title II into: (1) part A, Adult Opportunity Program; (2) part B, Summer Youth Employment and Training Programs; and (3) Part C, Youth Opportunity Program.)

Revises title II part A adult program allotment provisions to establish State set-asides for education, performance incentives, and auditing and administration. Allows individuals, whether employed or unemployed, to be eligible for adult program services as long as they are adults (age 22 through 72) who are economically disadvantaged. Requires that at least 60 percent of program participants in each SDA be individuals who, in addition to being economically disadvantaged adults, are in one or more of the following categories: (1) basic skills deficient; (2) school dropouts; (3) recipients of each cash welfare payments; (4) offenders; (5) individuals with disabilities; (6) homeless; (7) unemployed for the previous six months or longer; (8) limited-English proficient; or (9) in an additional category identified by an SDA and approved by the Governor and the Secretary. (Retains the current provisions that allows up to ten percent of program participants in an SDA not to be economically disadvantaged if they have encountered barriers to employment.)

Establishes adult program design requirments, including: (1) assessment of participants' skill levels and service needs including interests and aptitudes for nontraditional employment; (2) development of service strategies to identify employment goals (including, where appropriate nontraditional employment), appropriate achievement objectives, and appropriate services; (3) review of participant progress; and (4) if appropriate, basic and occupational skills training work experience be accompanied by other services designed to increase a participant's basic education or occupational skills. Allows an exception from such combination requirement only if: (1) the participant's assessment and service strategy indicate that the additional services are not appropriate; and (2) the activities are not available to the participant through the Employment Service or other public agencies. Allows continued provisions of counseling and supportive services to a participant for up to one year after termination from the program.

Revises authorized services for which adult program funds may be used. Eliminates employment-generating activities from the list of such authorized services. Divides the lists of such services into direct training and training-related and supportive services (including outreach for nontraditional employment).

Requires SDAs to make opportunities available to successful previous participants to volunteer to serve as mentors, tutors, or to otherwise assist current adult program participants.

Authorizes States Governors, through agreements with various entities, to provide for job training and placement programs for older individuals (55 years of age and who are economically disadvantaged) for employment opportunities with private businesses, with such programs to be developed in conjunction with SDAs and consistent with SDA plans. Requires consideration to be given to assisting such programs involving training for jobs in growth industries and jobs reflecting the use of new technological skills. Requires Governors to: (1) coordinate delivery of such services with those under the Older Americans Act; and (2) give priority to service providers with demonstrated effectiveness in providing such services. Allows up to ten percent of participants to be individuals who are not economically disadvantaged, if they are 55 or older, face serious barriers to employment, and meet income eligibility requirements under title V of the Older Americans Act of 1965.

Requires SDAs to link with: (1) other specified Federal programs; and (2) State, local, and private programs, as appropriate. Allows an SDA to transfer up to ten percent of adult program funds to the youth programs under certain conditions.

Provides for transfer of limited portions of funds among JTPA title II programs.

Directs the Comptroller General to: (1) conduct a study to determine the number and percentage of adults assisted under JTPA title II part A provisions for disadvantaged adults that remain employed for at least nine months after receiving such assistance; and (2) report such study findings to appropriate congressional committees within three years.

Revises title II part B provisions for summer youth employment and training programs to limit administrative costs to 15 percent. Includes enhancement of citizenship skills among program purposes. Requires SDAs to: (1) expend funds for basic and remedial education as described in the State job training plan (but allows such funds to be provided for the year-round youth employment and training program, the Job Corps, the JOBS program, alternative or secondary schools, or other employment and training programs); (2) assess participant skill levels and service needs and develop service strategy for participants; and (3) provide follow-up services for participants for whom a service strategy has been developed. Makes economically disadvantaged individuals age 14 through 21 eligible for summer programs. Allows individual concurrent enrollment in such part B summer programs and in part C disadvantaged youth programs.

Sets forth title II part C provisions for the year-round disadvantaged youth programs (the Youth Opportunity Program). Revises allotment formulas to establish set-asides for State education coordination and grants. Revises eligibility requirements for in-school youth and out-of-school youth. Requires that at least 70 percent of the funds for in-school youth and for out-of-school youth, respectively, be used for participation of specified targeted groups (with provisions for additional categories).

Requires the youth opportunity program to be conducted on a year-round basis.

Establishes year-round program design requirements, including: (1) assessment of participants' skill levels and service needs; (2) development of service strategies to identify achievement objectives, appropriate employment goals, and appropriate services; (3) review of participant progress; and (4) if appropriate, basic skills training, occupational skills training, pre-employment and work maturity skills training, work experience combined with skills training, and supportive services. Requires that work experience, job search, job search skills training, and job club activities be accompanied by additional services which: (1) are designed to increase a participant's basic education or occupational skills; and (2) may be provided, sequentially or concurrently, under other education and training programs. Allows continued provision of counseling and supportive services to a participant for up to one year after termination from the program. Requires SDAs to establish linkages with the appropriate educational agencies responsible for services to participants.

Provides that authorized youth services may include, but need not be limited to, the services described under the headings of direct training, training-related and supportive services under part A adult program provisions. Provides that additional authorized youth services may include specified features.

Requires SDAs to make opportunities available to successful previous participants to volunteer to serve as mentors, tutors, or to otherwise assist current youth program participants.

Requires SDAs to link the youth program with: (1) other specified Federal education and training programs; and (2) as appropriate, State, local, and private programs. Allows an SDA to transfer up to ten percent of youth program funds to the adult program under certain conditions.

Provides, with respect to JTPA title II employment and training assistance for dislocated workers, that an eligible dislocated worker participating in training (except on-the-job training) shall be deemed to be in training with the approval of the State agency for purposes of unemployment compensation.

Exempts projects for clean air employment transition assistance for dislocated workers (under specified JTPA provisions for workers dislocated as a result of compliance with the Clean Air Act) from specified cost limitations on retraining services, needs-related payments and supportive services, and administrative costs under JTPA title III.

Extends through FY 1996 the reservation of at least ten percent of title III funds for demonstration programs.

Revises JTPA title IV part A employment and training programs for Native American and migrant and seasonal farmworkers.

Includes references to American Samoans under such Native American programs.

Directs the Secretary to: (1) designate a single organizational unit to have as its primary responsibility the administration of all Native American programs authorized under JTPA; and (2) promote recruitment and promotion of Indians, Alaska Natives, American Samoans, and Hawaiian Natives to position in such unit.

Establishes the Advisory Council on Native American Indian Job Training Programs.

Revises the formulas for reservations of funds for Native American programs and for migrant and seasonal farmworker programs.

Authorizes the Secretary to waive, under Native American programs and the migrant and seasonal farmworker programs, the requirement of biennial competition for grants for those grantees that: (1) have performed satisfactorily on their existing grant; and (2) submit a satisfactory two-year plan for the succeeding period.

Requires JTPA grants for Native American programs and for migrant and seasonal farmworker programs to be consistent with specified standard competitive procurement procedures and auditing procedures.

Amends JTPA title IV part B provisions for the Job Corps.

Increases from ten to 20 percent the allowable number of nonresidential participants enrolled in the Job Corps in any year. Prohibits the Secretary from reducing the number of residential participants in Job Corps programs during any program year below the number during 1989 in order to increase the number of nonresidential participants.

Directs the Secretary to provide all Job Corps contractors with an equitable and negotiated management fee of at least one percent of the contract amount.

Revises JTPA title IV part D provisions for national activities. Sets forth provisions for: (1) national partnership and special training programs; (2) research, demonstration, and evaluation; and (3) training and information programs. Renames specified provisions for demonstration programs as a nontraditional employmet demonstration program.

Directs the Secretary to carry out specified staff training activities and national, regional, State, and local levels.

Authorizes the Secretary to establish a clearinghouse to identify, develop, and disseminate innovative materials and successful program models, and to carry out other specified functions. Directs the Secretary to consult with the Secretaries of Education and of Health and Human Services to coordinate such clearinghouse activities with other relevant entities.

Revises JTPA title IV part E provisions for the cooperative labor market information program. Authorizes the Secretary to engage in research, demonstration, or other activities (including ones that States may carry out) to determine the feasibility of various methods of organizing and making accessible nationwide information on the quarterly earnings for all individuals for whom such information is collected in the United States. Requires a report to the Congress on the findings resulting from such activities.

Increases the annual amount of funds reserved for the National Occupational Information Coordinating Committee.

Adds a new part H, Replication of Successful Programs, to JTPA title IV. Directs the Secretary to make competitive grants for replication of successful programs through the associated activities of: (1) public or private nonprofit organizations' technical assistance; and (2) State and SDA planning and program development.

Establishes a new part I of JTPA title IV, the Fair Chance Youth Opportunities Unlimited Program. Authorizes the Secretary to establish such national program of Fair Chance Youth Opportunities Unlimited grants to pay 50 percent of the cost of comprehensive education, training, and employment services for youth in high poverty areas in urban and rural areas. Requires such grants to be awarded to the local service delivery area (on behalf of the participating community) in which the target area is located (or to designated grantees if the target area is a Native American Indian reservation or an Alaska Native village).

Authorizes the Secretary to select as grant recipients up to 25 communities in the first fiscal year the program is authorized (and a total of 40 over the first five fiscal years).

Makes such grants over a three-year period, with each year conditional upon compliance. Authorizes the Secretary to extend the renewal period for an additional two years.

Authorizes participating communities to apply for grants for use on behalf of target areas. Requires that a designated target area have not more than 25,000 population, except in the case of single high school districts. Makes all youth aged 14 through 21 in the target area eligible to participate in assisted programs and activities. Requires each participating community to develop an integrated service delivery system in each target area which meets specified minimum criteria for services. Requires such program to also have an education component, outreach and recruitment efforts, youth program models, and measurable goals and outcomes. Sets forth requirements for maintenance of State and local funding levels, limitations on the use of program funds, applications, and Federal and local shares. Directs the Secretary to provide for technical assistance, independent evaluations, and a report (receiving not more than ten percent of part I funds for such purposes).

Revises provisions for JTPA title V, Jobs for Employable Dependent Individuals Incentive Bonus Program.

Grants each participating State a bonus for providing job training under JTPA to: (1) absent parents of children receiving aid to famiilies with dependent children (AFDC) under the Social Security Act, who subsequent to such training pay child support; and (2) blind or disabled individuals receiving supplemental security income (SSI) under the Social Security Act, who subsequent to such training are successfully placed in and retain employment.

Makes the incentive bonus equal to the total, for up to two years after termination of the individuals from JTPA activities; (1) amounts of such child support paid by such absent parents; and (2) reduction in Federal contribution to the SSI amounts received by such blind or disabled individuals. Revises provisions for State use of such incentive bonus funds. Allows Job Corps centers (as well as SDAs) to make incentive payments to service providers.

Extends to January 1, 1997, the deadline for the Secretary's report to the appropriate congressional committees on evaluation of the effectiveness of the incentive bonus program. Directs the Secretary to issue regulations for such title V program by January 31, 1993.

Directs the Secretary to issue revised performance standards for the title II part A adult and part C youth programs pursuant to the amendment made by this Act by July 1, 1994.

Directs the Secretary to provide guidance and technical assistance to States and SDAs relating to documentation required to verify the eligibility of participants under such part A and C of title II of JTPA.

Authorizes the Secretary to establish rules and procedures necessary for an orderly transition to programs established by, and implementation of, the amendments made by this title.