CAREERS Act

TABLE OF CONTENTS:

Title I: Workforce Development Infrastructure

Subtitle A: State and Local Responsibilities

Subtitle B: Amendments to Wagner-Peyser Act

Subtitle C: Worker Rights

Title II: Youth Development and Career Preparation

Consolidation Grant

Subtitle A: State Funding

Subtitle B: State Organizational, Planning, and

Reporting Responsibilities

Subtitle C: Subgrants for In-School and At-Risk Youth

Subtitle D: National Programs

Title III: Adult Employment and Training Consolidation Grant

Subtitle A: Adult Employment and Training Consolidation

Grant

Subtitle B: Federal Programs

Title IV: Adult Education and Family Literacy Consolidation

Grant and Library Services and Technology Consolidation Grant

Subtitle A: Adult Education and Family Literacy

Consolidation Grant

Subtitle B: Library Services and Technology

Consolidation Grant

Title V: Amendments to Rehabilitation Act of 1973

Subtitle A: Vocational Rehabilitation Consolidation

Grant

Subtitle B: Other Amendments to Rehabilitation Act of

1973

Title VI: Higher Education Privatization

Title VII: Repealers and Other Amendments

Consolidated and Reformed Education, Employment, and Rehabilitation Systems Act (CAREERS Act) - Consolidates and revises workforce development and literacy programs.

(Sec. 4) Authorizes appropriations.

(Sec. 6) Directs the Secretaries of Education and of Labor to take appropriate steps to provide for the orderly transition from any authority under provisions of statutes amended or repealed by this Act or any related authority under provisions of this Act.

Title I: Workforce Development Infrastructure - Provides for the establishment of an infrastructure within the States on which to build a comprehensive system of workforce development and literacy.

Subtitle A: State and Local Responsibilities - Requires any State desiring to receive a grant under specified workforce development and literacy (WDL) programs (participant State) to: (1) establish a collaborative process regarding its State system; (2) develop a consolidated State workforce development and literacy plan to be submitted to the Secretaries of Education and of Labor; and (3) otherwise comply with this Act's requirements. (Lists the WDL programs as under: (1) the title II Youth Development and Career Preparation Consolidation Grant; (2) the title III Adult Employment and Training Consolidation Grant; (3) the title IV subtitle A Adult Education and Family Literacy Consolidation Grant; and (4) subtitle A of title V, revising title I of the Rehabilitation Act of 1973 (RA).)

(Sec. 106) Requires any participant State to ensure establishment of a Local Workforce Development Board in each local workforce development area that it designates. Requires each local board to develop a biennial local strategic plan to be approved by local government officials.

(Sec. 107) Requires participant States to ensure that each local board establishes or designates an integrated career center system in its area. Requires establishment of State criteria for such purpose, to be consistent with specified minimum requirements for such center systems. Sets forth requirements for provision of core services, authorized sites for distribution of career grants, special arrangements, permissible customized services for fees, and alternative State strategies for integrating workforce development programs differently than through such center systems.

(Sec. 108) Provides for identification of education, training, and vocational rehabilitation service providers as eligible to receive funds under title III of this Act (and title I of RA), through receipt of career grants or contracts, if they are eligible to participate in student aid programs under the Higher Education Act of 1965 or are determined to be eligible under State-established eligibility procedures, and if they provide certain performance-based information. Exempts providers of on-the-job training from such eligibility requirements. Directs the Workforce Development Board to collect such performance-based information from on-the-job training providers as the Governor may require, and to disseminate such information to the local integrated career center systems.

(Sec. 109) Requires each State to use a portion of the funds it receives under this Act to design a unified management information system that meets specified requirements.

(Sec. 110) Requires each State receiving funds under this Act to develop, or have developed, a statewide performance accountability system. Sets forth system requirements relating to: (1) indicators of performance; (2) expected levels of performance; (3) challenging levels of performance; (4) reports; (5) consequences for poor performance; and (6) core indicators of performance.

(Sec. 111) Sets forth: (1) a limitation on Federal regulations under this Act; (2) a prohibition against mandating that any individual be required to choose a specific career path or major, meet federally funded or endorsed industry-recognized skill standards, or attain federally funded or endorsed skill certificates; and (3) provisions for subsequent repayment of certain disallowed expenditures.

Subtitle B: Amendments to Wagner-Peyser Act - Amends the Wagner-Peyser Act to coordinate its provisions with those of this Act. Requires that at least 25 percent of authorized appropriations under such Act be used for the new labor market information program. Eliminates a Federal Advisory Council under such Act.

(Sec. 132) Establishes a labor market information program under such Act. Directs the Secretary of Labor to oversee development, maintenance, and continued improvement of a nationwide system of labor market information. Requires such system to be planned, administered, overseen, and evaluated by a cooperative Federal, State, and local governance structure. Provides for such information's confidentiality and immunity from legal process. Directs the Secretary of Labor to: (1) carry out specified duties with respect to collection, analysis, and dissemination of labor market information, including establishing confidentiality standards; and (2) prepare an annual plan, through the Bureau of Labor Statistics, to be the operational mechanism for achieving a cooperative Federal-State governance structure for labor market information. Sets forth State Governor and State agency responsibilities with respect to such information system.

Subtitle C: General Provisions - Requires that programs under titles II and III of this Act meet specified worker rights requirements, including: (1) provision of a safe and healthful workplace; and (2) prohibitions on displacements or replacements of certain current or former workers, and on impairment of contracts.

(Sec. 142) Authorizes the State Governor, through the collaborative process, to transfer up to ten percent of a State's total allotment under titles II or III between such titles.

Title II: Youth Development and Career Preparation Consolidation Grant - Subtitle A: State Funding - Directs the Secretary of Education to: (1) reserve a specified portion of funds under this Act for national programs under subtitle D; and (2) make allotments to States under this Act based on a formula derived from funding allotments under specified provisions of the Carl D. Perkins Vocational and Applied Technology Education Act and the Job Training Partnership Act. Requires that funds under this title supplement, not supplant, non-Federal funds.

(Sec. 211) Requires Governors to: (1) make at least 90 percent of such State allotments available to local providers, and to use not more than eight percent for State programs and activities and two percent for administration; (2) allocate 40 percent of the funds for local providers to eligible institutions for school youth programs, 40 percent to local workforce development boards for at-risk youth programs, and ten percent of the remainder to eligible institutions or local boards, with any further remainder to go to either or both of such types of programs; and (3) establish within-State allocation formulas taking into account specified factors. Sets minimum grant amounts for local educational agencies, postsecondary institutions, local development boards, and secondary-postsecondary consortia.

Subtitle B: State Organizational, Planning, and Reporting Responsibilities - Sets forth title II requirements for State plans to be submitted to the Secretary of Education.

(Sec. 222) Provides that State programs and activities under this title may include an assessment of programs conducted with title II assistance, including development of: (1) program performance indicators and measures; and (2) program improvement and accountability. Lists additional permissible uses of such funds.

(Sec. 223) Authorizes States to make performance incentive awards to one or more eligible institutions or local providers that have: (1) exceeded performance goals; (2) implemented exemplary youth development and career preparation programs at the local level; or (3) provided exemplary education services and activities for at-risk youth.

Subtitle C: Subgrants for In-School and At-Risk Youth - Requires local workforce development boards and eligible institutions to form partnerships and submit comprehensive youth development and career preparation plans for in-school and at-risk youth, in order to receive subgrants under this subtitle. Authorizes State Governors to develop procedures to resolve issues in disputes within partnerships about local plan contents.

(Sec. 232) Directs States to distribute funds for: (1) in-school youth programs to eligible institutions; and (2) at-risk youth programs to local workforce development boards.

Chapter 1: In-School Youth - Sets forth certain requirements for eligible institutions' uses of funds for in-school programs, as well as additional permissible uses of such funds.

Chapter 2: At-Risk Youth - Sets forth certain requirements for local workforce development boards' uses of funds for at-risk youth programs, as well as additional permissible uses of such funds.

(Sec. 246) Requires that the local workforce development board not operate such programs, but contract with eligible providers of (or providers using methodologies with) demonstrated effectiveness in serving the youth development and career preparation needs of at-risk youth.

Subtitle D: National Programs - Authorizes the Secretary of Education to directly or indirectly carry out research, development, dissemination, replication of model programs, demonstration programs, evaluation, capacity-building, and technical assistance activities with regard to services under this title, including support for occupational and career information systems. Directs the Secretary to establish a system to disseminate information resulting from research and development activities under this title.

(Sec. 252) Directs the Secretary, through the Office of Educational Research and Improvement, to conduct a biennial assessment of services and activities under this title, through competitive awards for independent studies and analyses.

(Sec. 253) Authorizes the Secretary to establish one or more national centers for conducting applied research, development, dissemination, and technical assistance activities to improve development and career preparation of youth. Provides that the center in existence on the day before the date of enactment of this Act shall continue to receive assistance in accordance with its current award. Requires such centers to: (1) prepare annual summaries of key research findings, for submission to the Secretaries of Education and of Labor and specified congressional committees; and (2) maintain a data and information clearinghouse.

Title III: Adult Employment and Training Consolidation Grant - Subtitle A: Adult Employment and Training Consolidation Grant - Directs the Secretary of Labor to provide a grant for employment, job training, and related assistance for adults to each State that submits a State workforce development and literacy plan under title I.

(Sec. 312) Provides for: (1) allotments to States, based on certain allotments under the Job Training Partnership Act; (2) within-State allocation, according to a formula taking account of specified factors, with reserved funds for statewide mandatory and discretionary activities; (3) additional State plan requirements; (4) required use of funds for provision of core services through integrated career center systems, specified types of intensive services, and education and training services, and permissible uses of funds for additional supportive services and needs-related payments; and (4) priority for dislocated workers and economically disadvantaged individuals.

Subtitle B: Federal Programs - Authorizes the Secretary of Labor to use certain funds to make: (1) national discretionary grants for dislocated workers to specified eligible entities, to address major economic dislocations resulting from plant closures, base closures, or mass layoffs; and (2) national discretionary incentive grants to States, as performance incentive awards for having achieved exceptional performance through implementing statewide workforce development systems, and as assistance in implementing exemplary system designs.

(Sec. 322) Authorizes the Secretary to use such funds also to provide disaster relief employment assistance to Governors of States with areas that have suffered an emergency or major disaster as defined under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

(Sec. 323) Directs the Secretary to use such funds also to carry out specified research, demonstration, capacity-building, technical assistance, and evaluation activities. Authorizes special grants to eligible entities to carry out activities most appropriately administered at the national level.

(Sec. 324) Authorizes the Secretary to use such funds also to provide grants to States for up to 50 percent of the costs of providing loans to eligible entities for skills upgrading of non- managerial employees. Requires the State to establish: (1) a reserve fund for such loan guarantees with such assistance; and (2) criteria for such loan guarantees.

(Sec. 325) Directs the Secretary of Labor to use such funds also to make grants, contracts, or cooperative agreements for specified entities to provide employment, training, and education for Native Americans, Alaska Natives, and Hawaiian Natives. Authorizes a transfer of authority to the Secretary of Labor from the Secretary of Education to carry out any portion of such assistance devoted to vocational education activities, including support for the United Tribes Technical College and Crownpoint Institute of Technology. Allows recipient entities to consolidate such assistance with that for related programs under the Indian Employment, Training, and Related Services Demonstration Act.

(Sec. 326) Directs the Secretary of Labor to use such funds also to make grants, contracts, or cooperative agreements with specified eligible entities to provide certain types of employment, training, and education assistance for migrant and seasonal farmworkers.

Title IV: Adult Education and Family Literacy Consolidation Grant and Library Services and Technology Consolidation Grant - Subtitle A: Adult Education and Family Literacy Consolidation Grant - Chapter 1: Funding - Directs the Secretary of Education to reserve specified amounts annually for: (1) the National Institute for Literacy; and (2) national leadership and evaluation activities. Provides for an initial allotment, and additional allotments to States according to formulas based on State population and number of qualifying adults. Defines qualifying adult as one who is between ages 16 and 61, beyond the age of compulsory school attendance, without a secondary school diploma or equivalent, and not currently enrolled in elementary or secondary school.

Chapter 2: Grants to States - Directs the Secretary of Education to make an annual grant allotment to a State if it has satisfied requirements under title I and this title and enters an agreement about use of grant funds.

(Sec. 432) Requires States to use grant funds to distribute competitive grants to local service providers and provide assistance to the State library administrative agency for specified purposes. Requires local service providers to use their grants from the State to establish or operate one or more programs providing instruction or services within described categories of: (1) adult basic education; (2) adult secondary education; (3) English literacy instruction; and (4) family literacy services. Authorizes local service providers to receive payments also from title II or III programs under specified conditions.

(Sec. 433) Sets forth additional grant requirements, including goals, progress indicators, and performance measures in specified categories.

Chapter 3: National Programs - Establishes a National Institute for Literacy, to be administered according to an interagency agreement of the Secretaries of Education, of Labor, and of Health and Human Services (the Interagency Group), with daily operations to be carried out by an appointed Institute Director. Establishes an Advisory Board to make recommendations on planning Institute goals and on implementing programs to achieve such goals. Sets forth Institute duties, authorized activities, and biennial reporting requirements. Authorizes the Institute to award literacy leadership fellowships, as well as paid and unpaid internships.

(Sec. 442) Authorizes the Secretary of Education to establish and carry out a program of national leadership and evaluation activities to enhance the quality of adult education and family literacy programs nationwide, directly or through grants, contracts, and cooperative agreements. Sets forth specified required activities and reports, as well as authorized activities.

Subtitle B: Library Services and Technology Consolidation Grant - Authorizes appropriations for a Library Services and Technology Consolidation Grant program to: (1) consolidate Federal library service programs; (2) improve public access to information through electronic networks; and (3) provide linkages among and between libraries and integrated career center systems. Sets forth program requirements for allotments, grants to States, uses of funds, and annual applications.

Title V: Amendments to Rehabilitation Act of 1973 - Subtitle A: Vocational Rehabilitation Consolidation Grant - Chapter 1: Transition Period - Directs the Secretary of Education, through the Commissioner of the Rehabilitation Services Administration (RSA), to administer the amendment made by chapter 2 in a specified manner during a transition period.

Chapter 2: Revision of Title I of Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to revise title I, Vocational Rehabilitation Services. Directs the Secretary of Education, through the Commissioner of the RHA, to make RA formula grants to States that submit workforce development and literacy plans that meet requirements under this Act. Authorizes appropriations.

(Sec. 511) Requires States to reserve not more than 20 percent of such a grant for carrying out specified responsibilities of State administrative agents, and at least 80 percent for carrying out certain responsibilities of local workforce development boards and integrated career centers with respect to workforce development areas.

Sets forth requirements for: (1) individual eligibility; (2) State Rehabilitation Advisory Councils; (3) allotment amounts; (4) availability of funds; and (5) a State option for waivers regarding alternative delivery systems.

Subtitle B: Other Amendments to Rehabilitation Act of 1973 - Eliminates RA provisions: (1) (under title III, Training and Demonstration Projects) for vocational rehabilitation services for individuals with disabilities, loan guarantees for community rehabilitation programs, construction of the Commissioner's authority and appropriation of excess funds, migratory workers program grants, special recreational programs grants, and supported employment programs and grants; and (2) (under title VI, Employment Opportunities for Individuals with Disabilities) for community service employment pilot programs for individuals with disabilities, supported employment services for individuals with disabilities, business opportunities for individuals with disabilities, and (after a two-year period) projects with industry.

(Sec. 523) Makes available certain amounts for carrying out title I of RA in specified fiscal years.

Title VI: Higher Education Privatization - 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. 602) 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 VII: Repealers and Other Amendments - Repeals various provisions of the Higher Education Act of 1965 (HEA), including ones relating to articulation agreements, access and equity to education through telecommunications, academic libraries and information services, national early intervention scholarships, presidential access scholarships, model program community partnerships and counseling grants, early awareness postsecondary information program, technical assistance for teachers and counselors, special child care services for disadvantaged college students, loan forgiveness for teachers and nurses and individuals performing national community service, training in financial aid services, State postsecondary review entity programs, State and local programs for teacher excellence, national teacher academies, Douglas teacher scholarships, the Teacher Corps, class size demonstration grants, middle school teaching demonstration programs, new teaching careers, national mini- corps programs, demonstration grants for critical language and area studies, foreign languages and cultures instructional materials development, small State teaching initiatives, faculty development grants, early childhood staff training and professional enhancement, intensive summer language institutes, foreign language periodicals, academic and library facilities, cooperative education programs, women and minority participation in graduate education, Harris fellowships, Javits fellowships, faculty development fellowships, legal training for the disadvantaged, law school clinical programs, special projects in areas of national need, science and engineering access programs, women and minorities science and engineering outreach demonstration programs, Eisenhower leadership programs, and community service programs. Repeals provisions of the Education Amendments of 1986 relating to a National Academy of Science study and to Native Hawaiian (and Alaska Native) culture and art development. Repeals provisions of the Higher Education Amendments of 1992 relating to American Indian postsecondary economic development scholarships, American Indian teacher training, a national survey of factors associated with participation, a study of environmental hazards in higher education institutions, a national job bank for teacher recruitment, a national clearinghouse for postsecondary education materials, school-based decisionmakers, sexual offenses education, Olympic scholarships, and advanced placement fee payment programs.

(Sec. 702) Revises HEA student aid program eligibility requirements relating to proprietary institutions of higher education.

(Sec. 703) Repeals: (1) the Carl D. Perkins Vocational and Applied Technology Education Act; (2) the Smith-Hughes Act; (3) the School-to-Work Opportunities Act of 1994; (4) the School Dropout Assistance Act; (5) the Adult Education Act; (6) the National Literacy Act of 1991, except certain provisions; (7) the Library Services and Construction Act; (8) the library media resources program under the Technology for Education Act of 1994; (9) the Job Training Partnership Act, except provisions for the Job Corps and veterans' employment programs and their authorization of appropriations; and (10) provisions of the Stewart B. McKinney Homeless Assistance Act relating to State literacy initiatives for adult education for the homeless and to job training for the homeless (except homeless veterans' reintegration projects).