Workforce Development Act of 1995

TABLE OF CONTENTS:

Title I: Statewide Work Force and Career Development Systems

Subtitle A: State and Local Provisions

Subtitle B: Allocation

Subtitle C: Use of Funds

Subtitle D: National Activities

Subtitle E: Transition Provisions

Subtitle F: General Provisions

Title II: Workforce and Career Development-Related

Activities

Subtitle A: Amendments to the Wagner-Peyser Act

Subtitle B: Amendments to the Rehabilitation Act of

1973

Subtitle C: Job Corps

Subtitle D: Amendments to the National Literacy Act of

1991

Title III: Museums and Libraries

Title IV: Higher Education

Title V: Repeals and Conforming Amendments

Workforce and Career Development Act of 1996 - Title I: Statewide Work Force and Career Development Systems - Subtitle A: State and Local Provisions - Establishes a program of assistance for statewide workforce and career development systems.

(Sec. 101) Directs the Secretaries of Labor and of Education (the Secretaries) to make allotments, for program year 1998 and subsequent program years, to States to help pay costs of establishing and carrying out activities through statewide workforce and career development systems.

(Sec. 102) Sets forth formulas for such State allotments.

(Sec. 103) Requires States to apportion such allotment funds by specified percentages among employment and training activities, at- risk youth activities, vocational education activities, adult education and literacy activities, and flexible activities.

(Sec. 104) Sets forth requirements relating to State plans for the statewide system, including describing: (1) economic development activities; (2) the employment and training activities; (3) at-risk youth activities; (4) vocational education; and (5) the adult education and literacy activities.

(Sec. 105) Provides for a collaborative process to develop State plans, accountability, identification of eligible providers of training services, and local workforce development boards.

Subtitle B: Allocation - Provides for State and local allocation of funds under this title, including: (1) distribution of 75 percent of employment and training activities funds to local entities and 20 percent for State activities; (2) distributions for at-risk youth activities; (3) distributions for secondary school vocational education, for postsecondary and adult vocational education, and for adult education and literacy; (4) distribution for flexible activities; and (5) minimal allocations and redistribution.

Subtitle C: Use of Funds - Sets forth required and permissible State and local uses of funds under this title for employment and training activities. Requires States to provide for: (1) rapid response assistance; (2) labor market information; (3) evaluations; (4) one-stop career center systems; and (5) career grant pilot programs for dislocated workers. Requires localities to provide for: (1) one-stop career centers; (2) specified core services; and (3) certain required training services.

(Sec. 122) Sets forth required and permissible State and local uses of funds under this title for at-risk youth activities.

(Sec. 123) Sets forth permissible State and required local uses of funds under this title for: (1) vocational education; and (2) adult education and literacy activities.

(Sec. 125) Sets forth permissible State uses of funds under this title for flexible activities (including all of the above categories).

(Sec. 126) Sets forth requirements and restrictions on certain uses of funds under this title, including requiring providers of training services to administer drug tests randomly to applicants and upon reasonable suspicion of drug use by a participant.

Subtitle D: National Activities - Sets forth and authorizes appropriations for national activities under this title.

(Sec. 131) Provides for collaborative administration of the title by the Secretary of Labor and the Secretary of Education.

(Sec. 132) Authorizes the Secretaries to: (1) award incentive grants to States that reach or exceed certain benchmarks; and (2) impose sanctions on States that fail to meet such benchmarks within a specified period.

(Sec. 133) Authorizes the Secretary of Labor to award certain national emergency grants to provide: (1) employment and training assistance to workers affected by a major economic dislocation, such as a plant closure, mass layoff, or realignment of a military installation; and (2) disaster relief employment assistance.

(Sec. 134) Directs the Secretaries to develop a single plan, make grants, and otherwise provide for evaluation and assessment, research, demonstration, dissemination, and technical assistance with regard to activities under this title.

(Sec. 135) Provides for programs and activities under this title involving grants for: (1) migrant and seasonal farmworkers; (2) Native Americans; and (3) outlying areas.

(Sec. 138) Establishes the National Institute for Literacy to be administered according to an interagency group agreement by the Secretaries of Education, of Labor, and of Health and Human Services. Provides for an Advisory Board and Literacy Leadership Fellowships.

(Sec. 139) Sets forth Federal, joint Federal-State, and State responsibilities with respect to labor market information. Directs the Secretary of Labor to oversee the labor market information system in collaboration with the States and the Bureau of Labor Statistics.

Subtitle E: Transition Provisions - Authorizes the Secretary (of Labor or of Education, depending on the covered activity) to waive, during a transition period, any requirement under any provision of law (or regulation under it) relating to a covered activity for States or localities that request such waivers and comply with specified requirements.

(Sec. 144) Extends certain authorizations of appropriations under the Carl D. Perkins Vocational and Applied Technology Education Act (in general, and including research) and Adult Education Act (in general, and including business, industry, labor, and education partnerships for workplace literacy; but terminating such authorizations for State literacy resource centers and the National Institute for Literacy).

Subtitle F: General Provisions - Authorizes appropriations for this title through FY 2002.

(Sec. 152) Allows State Governors to make deductions from a subsequent program year allocation to a local workforce development area in order to repay local expenditures that are contrary to the objectives of this title.

Title II: Workforce and Career Development-Related Activities - Subtitle A: Amendments to the Wagner-Peyser Act - Amends the Wagner-Peyser Act (WPA) to set forth certain functions of the Secretary of Labor under such Act.

(Sec. 203) Directs the State Governor, in consultation with the State legislature (rather than the State legislature alone), to accept certain provisions under WPA and to designate a State agency to cooperate with the Secretary of Labor.

(Sec. 204) Eliminates certain provisions relating to a program year funding basis.

(Sec. 205) Revises specified provisions relating to allotment of funds and to State plans.

(Sec. 208) Repeals provisions for a Federal Advisory Council under WPA.

Subtitle B: Amendments to the Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to authorize the Commissioner of the Rehabilitation Administration to provide assistance to achieve participation by individuals with disabilities in activities carried out through a statewide workforce development system.

(Sec. 217) Revises a declaration of policy to include references to linkages between the RA vocational rehabilitation program and other components of the statewide workforce development system.

(Sec. 218) Revises requirements for State plans.

(Sec. 219) Revises provisions for individualized written rehabilitation programs, and renames them as individualized employment plans.

(Sec. 220) Provides for linkages between members of State Rehabilitation Advisory Councils and State workforce development boards.

(Sec. 221) Requires consistency between RA evaluation standards and performance indicators and benchmarks established under this Act.

Subtitle C: Job Corps - Maintains a national Job Corps program, to be carried out in partnership with States and communities.

(Sec. 233) Establishes such Job Corps program under this Act (currently established under the Job Training Partnership Act), in the Department of Labor, to carry out, in conjunction with specified activities carried out by the National Job Corps Review panel, certain activities for individuals enrolled in the Job Corps and assigned to a center.

(Sec. 234) Provide for Job Corps: (1) enrollee eligibility for at-risk youth; (2) screening and selection of applicants; (3) enrollment and assignment; (4) centers' development, character, activities, operators, and inclusion of Civilian Conservation Centers; (5) program activities; (6) support by States of enrollees through personal allowances; (7) State operating plans; (8) standards of conduct; (9) community participation; (10) counseling and placement; (11) advisory committees; and (12) application of Federal laws.

(Sec. 246) Directs the Secretary of Labor to take immediate steps to achieve an enrollment of 50 percent women in the Job Corps program, consistent with specified needs. Sets forth other special provisions with respect to studies, evaluations, proposals, data, gross receipts, management fees, and donations.

(Sec. 247) Provides for a national Job Corps review. Directs the Secretary of Labor to establish a National Job Corps Review Panel.

Directs the National Panel to conduct a review of the activities carried out under Job Corps provisions of the Job Training Partnership Act (JTPA), and report to the appropriate congressional committees.

Directs the National Panel to conduct a national Job Corps review, report to the appropriate congressional committees, and report recommendations for appropriate actions to the Secretary of Labor, including: (1) closing five Job Corps centers by September 30, 1997, and five additional Job Corps centers by September 30, 2000; and (2) relocating certain Job Corps centers in cases in which facility rehabilitation, renovation, or repair is not cost-effective. Directs the Secretary, after reviewing such report, to close ten centers by such dates. Sets forth considerations for the Panel in making such recommendations. Prohibits the Panel from recommending that the Secretary close the only Job Corps center in a State or region. Allows continuing planning or construction and operation of centers begun before the enactment of this Act (with Panel evaluation not sooner than three years after the start of operation). Requires annual reports by the Secretary to the Congress.

Subtitle D: Amendments to the National Literacy Act of 1991 - Amends the National Literacy Act of 1991 to extend the authorization of appropriations for grants for functional literacy and life skills programs for State and local prisoners.

Title III: Museums and Libraries - Museum and Library Services Act - Amends the Museum Services Act to revise and rename it as the Museum and Library Services Act (MLSA).

(Sec. 301) Establishes within the National Foundation on the Arts and Humanities (NFAHA) an Institute of Museum and Library Services (IMLS), consisting of an Office of Museum Services (OMS) and an Office of Library Services (OLS), with a National Museum Services Board in OMS. Provides for an IMLS Director and Deputy Directors for OMS and OLS.

Library Services and Technology Act - Provides for Library Services and Technology under MLSA, with an emphasis on library services and technology, access, and literacy programs for underserved communities.

Authorizes appropriations to the Secretary of Education for grants to States for information access through technology and information empowerment through special services. Directs the Secretary to transfer such funds to the Director to carry out such library services and technology programs.

Sets forth basic program requirements for reservations and allotments, payments, 50 percent Federal share, maintenance of effort, and State five-year plans.

Sets forth requirements and authorized activities for such library programs of grants to States for: (1) information access through technology; and (2) information empowerment through special services (including special services for children in poverty who are served by libraries).

Sets forth administrative provisions for such library grants programs, including State evaluation of assisted activities, State advisory councils, Federal grants for library services for Indian tribes, and a program of national leadership and evaluation activities.

Sets forth MLSA provisions for Museum Services.

Continues to authorize: (1) grants to museums to increase and improve museum services through specified types of activities; and (2) contracts and cooperative agreements with appropriate entities for projects to strengthen museum services. Continues to limit the Federal share to 50 percent, allowing the Director to use up to 20 percent of funds to make such grants, contracts, or cooperative agreements where the Federal share may be 100 percent.

Requires the Director to undertake an assessment of the collaborative possibilities museums can engage in to serve the public more broadly and effectively.

Authorizes the Director to make an annual National Award for Museum Service to outstanding museums that have made significant contributions in service to their communities.

Includes the Director as a member of the National Museum Services Board (which gives policy direction or advice to the Director with respect to grants, contracts, and other matters).

Authorizes appropriations to the Director to carry out museum services under MLSA.

(Sec. 302) Amends the National Commission on Libraries and Information Science Act to make the Commission responsible for advising the IMLS Director on general policies with respect to IMLS duties and powers relating to library services. Directs the Commission to meet jointly with the National Museum Services Board at least once a year to advise on general policy with respect to financial assistance for joint projects of OLS and OMS.

Includes the IMLS Director as an ex officio, nonvoting member of such Commission. Requires that nonprofessional members have special competence in or knowledge of (currently, interest in) society's need for library and information services. Requires that at least one of the nonprofessional members be knowledgeable about the library and information service and science needs of the elderly.

(Sec. 303) Transfers functions from the Institute of Museum Services (IMS) to the Institute of Museum and Library Services (IMLS).

(Sec. 304) Provides that the current IMS Director shall serve as the first IMLS Director.

(Sec. 305) Requires the IMLS Director, in appointing OLS employees, to give strong consideration to individuals with experience in administering State-based and national library and information services programs.

(Sec. 306) Provides for a transition of administered activities and a transfer of funds from the Office of Library Programs in the Office of Educational Research and Improvement in the Department of Education to the Institute for Museum and Library Services.

Title IV: Higher Education - Amends the Higher Education Act of 1965 (HEA) to provide for the reorganization of the Student Loan Marketing Association (Sallie Mae) through the formation of a holding company and the cessation of Federal sponsorship.

(Sec. 402) Amends HEA to provide for the privatization and renaming of the College Construction Loan Insurance Association (Connie Lee) and the cessation of Federal sponsorship.

Title V: Repeals and Conforming Amendments - Repeals certain employment and training and vocational and adult education programs.

(Sec. 501) Repeals: (1) the State Legalization Impact Assistance Grant program under the Immigration Reform and Control Act of 1986; (2) specified Federal law to assist workers displaced by the expansion of the Redwood National Park; (3) the Library Services and Construction Act; (4) specified provisions of the Technology for Education Act of 1994; (5) the School Dropout Assistance Act; (6) the Displaced Homemakers Self-Sufficiency Assistance Act; (7) provisions for Appalachian vocational and other educational facilities and operations under the Appalachian Regional Development Act of 1965; (8) the Job Training for the Homeless demonstration program under the Stewart B. McKinney Homeless Assistance Act; and (9) specified provisions under the National Literacy Act of 1991.

Repeals specified provisions under: (1) the Higher Education Act of 1965; (2) the Higher Education Amendments of 1986; (3) the Education Amendments of 1974; and (4) the higher education amendments of 1992.

Repeals, subsequently, as of July 1, 1998: (1) the Adult Education Act; (2) the Carl D. Perkins Vocational and Applied Technology Act; (3) the School-to-Work Opportunities Act of 1994; and (4) the Job Training Partnership Act.

(Sec. 502) Makes conforming amendments to various Federal laws, reflecting such immediate and subsequent repeals.