Workforce Development Act of 1995

TABLE OF CONTENTS:

Title I: Statewide Work Force Development Systems

Subtitle A: State Provisions

Subtitle B: Local Provisions

Subtitle C: Provisions for Other Entities

Subtitle D: General Provisions

Title II: Transition Provisions

Subtitle A: Transition Provisions Relating to Use of

Federal Funds for State and Local Activities

Subtitle B: Transition Provisions Relating to

Applications and Plans

Subtitle C: Job Corps and Other Workforce Preparation

Activities for At-Risk Youth

Subtitle D: Interim Administration of School-to-Work

Programs

Subtitle E: Amendments Relating to Certain

Authorizations of Appropriations

Title III: National Activities

Title IV: Amendments to the Rehabilitation Act of 1973

Title V: Other Programs

Subtitle A: Amendments to Immigration and Nationality

Act

Subtitle B: Welfare Programs

Title VI: Repeals of Employment and Training and Vocational

and Adult Education Programs

Workforce Development Act of 1995 - Title I: Statewide Work Force Development Systems - Subtitle A: State Provisions - Establishes a program of assistance for Statewide workforce development systems.

(Sec. 102) Directs the Governing Board of the Workforce Development Partnership (Federal Partnership, established under this Act) (Governing Board) 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 development systems.

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

(Sec. 103) Requires States to apportion such allotment funds by specified percentages among workforce employment activities, workforce education activities, and flexible workforce activities.

(Sec. 104) Sets forth requirements relating to State plans describing: (1) the strategic plan for the statewide system, including the flexible workforce activities, and, if appropriate, economic development activities; (2) the workforce employment activities; and (3) the workforce education activities.

(Sec. 105) Authorizes Governors of States receiving such allotments to establish State workforce development boards with certain membership requirements and functions.

(Sec. 106) Sets forth required and authorized uses of funds under this title.

Requires funds for workforce employment activities to be used for: (1) one-stop delivery of specified core services; (2) a statewide comprehensive labor market information system; and (3) a job placement accountability system. Allows such funds to also be used for: (1) specified permissible one-stop delivery activities; (2) other specified permissible activities which may be provided through vouchers, including certain forms of training, supportive, and followup services; (3) staff development and training; and (4) incentive grant awards to substate areas that reach or exceed State benchmarks.

Requires State educational agencies to use funds for workforce education activities to carry out, through the statewide system, activities that include: (1) integrating academic and vocational education; (2) linking secondary and postsecondary education (including implementing tech-prep programs); (3) career guidance and counseling at the earliest possible age; (4) literacy and basic education for adults and out-of-school youth, including those in correctional institutions; (5) secondary education completion programs for adults and out-of-school youth; (6) improving vocational education programs; and (7) improving access to quality vocational education programs for at-risk youth. Sets forth certain fiscal requirements for such workplace education activities.

Requires States to use a portion of the funds for flexible workforce activities (flex account funds) to carry out school-to-work activities through the statewide system (except that any State that received a grant under specified provisions of the School-to-Work Opportunities Act of 1994 must use such portion to support continued development of the statewide School-to-Work Opportunities system through continuing activities in accordance with such grant). Allows States to use a portion of such flex account funds for workforce employment and workforce education activities. Allows States that meet specified requirements to use a portion of flex account funds for specified economic development activities relating to workforce training and skills upgrading.

Sets forth limitations on use of funds and on individual participation under this title.

Subtitle B: Local Provisions - Provides for local uses of funds under this title, including: (1) local apportionment by activity, distributing 75 percent of workforce employment activities funds to local entities and 80 percent of workforce education activities funds to certain educational entities; (2) distributions for secondary school vocational education, for postsecondary and adult vocational education, and for adult education; (3) minimal allocations and redistribution; (4) local application for workforce education activities; and (5) local partnerships, agreements, and workforce development boards.

Subtitle C: Provisions for Other Entities - Provides for: (1) Indian workforce development activities; and (2) grants to outlying areas.

Subtitle D: General Provisions - Provides for: (1) accountability; and (2) incentives and sanctions.

(Sec. 133) Amends the Social Security Act with respect to the Unemployment Trust Fund to require that Federal Unemployment Tax Act (FUTA) revenues be used only to carry out specified core services relating to job search, placement assistance and labor market information provided through the one-stop career centers of the statewide workforce development systems.

(Sec. 134) Authorizes appropriations to carry out this Act (other than subtitle C of title II). Sets forth certain reservations of funds.

Title II: Transition Provisions - Subtitle A: Transition Provisions Relating to Use of Federal Funds for State and Local Activities - Authorizes the Secretary (of Labor or of Education or of Health and Human services, 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.

Subtitle B: Transition Provisions Relating to Applications and Plans - Requires States to submit interim State plans to the Governing Board in order for a State or locality to use such transition waivers.

(Sec. 212) Exempts States and localities from requirements for FY 1996 or 1997 applications and plans under covered Acts for funding of a covered activity. Directs the appropriate Secretary, in determining such funding, to consider the last application or plan submitted by the entity.

Subtitle C: Job Corps and Other Workforce Preparation Activities for At-Risk Youth - Chapter 1: General Job Corps Provisions - Requires a State to use a portion of its chapter 2 allotment (for workforce preparation activities for at-risk youth) to maintain any Job Corps Center located in that State and carry out specified activities for Job Corps enrollees assigned there, if such center received assistance under the Job Training Partnership Act (JTPA) for FY 1996 and was not closed in accordance with specified provisions.

(Sec. 224) Sets forth provisions 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; community participation; and counseling and placement.

(Sec. 234) Directs the Secretary of Labor to offer leases and sales of Job Corps centers, for nominal consideration, to States with approved State plans.

(Sec. 235) Provides for closure of certain Job Corps centers. Directs the Governing Board to conduct a national Job Corps audit, report to the appropriate congressional committees, and report recommendations to the Secretary of Labor, including identifying 25 Job Corps centers to be closed by September 30, 1997. Directs the Secretary, after reviewing such report, to close 25 centers by such date.

(Sec. 236) Amends JTPA to set forth requirements for interim operating plans for Job Corps centers.

Chapter 2: Other Workforce Preparation Activities for At-Risk Youth - Directs the Governing Board, for program year 1998 and subsequent program years, to make allotments to States to help pay for carrying out specified workforce preparation activities for at-risk youth. Sets forth provisions for core required activities, permissible activities, allotment formulas, State plans, applications, and within-State distribution.

(Sec. 241) Authorizes appropriations to carry out this subtitle.

Subtitle D: Interim Administration of School-to-Work Programs - Considers any grant of authority to the Secretaries of Labor or of Education under the School-to-Work Opportunities Act of 1994 as a grant of that authority to the Governing Board.

Subtitle E: Amendments Relating to Certain Authorizations of Appropriations - Extends certain authorizations of appropriations under the Older American Community Service Employment Act, Carl D. Perkins Vocational and Applied Technology Education Act (in general, and including research), and Adult Education Act (in general, and including State literacy resource centers, business, industry, labor, and education partnerships for workplace literacy, and the National Institute for Literacy).

Title III: National Activities - Establishes the Workforce Development Partnership (Federal Partnership) as a Government corporation with a Governing Board and an Office of Inspector General, to administer activities under this Act. Authorizes appropriations to the Governing Board for administration of this Act.

(Sec. 302) Directs the Assistant Secretary for Educational Research and Improvement to: (1) conduct a national assessment of vocational education programs assisted under this Act, through studies and analyses conducted independently through competitive awards; and (2) appoint an independent advisory board to advise on implementation of such assessment. Sets forth requirements for assessment contents, consultation, and reports.

(Sec. 303) Sets forth Federal, joint Federal-State, and State responsibilities with respect to labor market information.

(Sec. 304) Sets forth requirements relating to the National Center for Research in Education and Workforce Development. Authorizes the Governing Board to: (1) support, for an interim period, the national center established under the Carl D. Perkins Vocational and Applied Technology Act; (2) award a competitive grant to an institution of higher education, a public or private nonprofit organization or agency, or a consortium to establish a national center to carry out specified activities relating to research in education and workforce development, including maintenance of a clearinghouse.

(Sec. 305) Transfers to the Federal Partnership, as of June 30, 1998) all functions of the Secretaries of Labor and Education (including those of their Offices of Inspector General) that relate to a covered activity and are minimally necessary to carrying out Federal Partnership functions. Provides for: (1) determinations of functions by the Governing Board, including Board review of a proposed transition workplan of the Secretaries; (2) personnel, delegation and assignment, reorganization, and rulemaking powers; (3) transfer and allocations of appropriations and personnel; (4) incidental transfers, effect on personnel, and savings provisions; (5) a transition period; and (6) Board recommendations for additional legislation.

(Sec. 306) Transfers to the appropriate receiving agency all functions that do not relate to a covered activity, but that the Secretaries of Labor and Education, acting through, respectively, the Employment and Training Administration (ETA) and the Office of Vocational and Adult Education (OVEA), exercised before June 30, 1998. Directs the Secretaries to submit, for Governing Board review, a proposed transition workplan that includes determinations of: (1) ETA and OVEA functions that do not relate to a covered activity; and (2) appropriate receiving agencies for such functions.

(Sec. 307) Terminates OVEA and ETA on July 1, 1998 (as well as any authority granted them or any of their units by any reorganization plan). Makes conforming amendments to various Federal laws.

Title IV: Amendments to the Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to repeal provisions relating to consolidated rehabilitation plans.

(Sec. 405) Authorizes 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. 408) Revises a declaration of policy to include references to linkages between the RA vocational rehabilitation program and other integral components of the statewide workforce development system.

(Sec. 410) Revises provisions for individualized written rehabilitation programs, and renames them as individualized employment plans.

(Sec. 411) Revises the scope of vocational rehabilitation services to eliminate surgery from the authorized uses of funds. Removes the qualification that small business operators' disabilities must be most severe in order for them to receive certain management services and supervision from State agencies.

(Sec. 412) Provides for linkages between members of State Rehabilitation Advisory Councils and State workforce development boards.

(Sec. 413) Requires consistency between RA evaluation standards and performance indicators and benchmarks established under this Act.

(Sec. 414) Repeals authority for Innovation and Expansion Grants (part C of title I Vocational Rehabilitation Services under RA).

Title V: Other Programs - Subtitle A: Amendments to Immigration and Nationality Act - Prohibits State use of certain funds under the Immigration and Nationality Act for workforce employment activities under this Act.

Subtitle B: Welfare Programs - Expresses the sense of the Senate with respect to welfare reform legislation.

Title VI: Repeals of Employment and Training and Vocational and Adult Education Programs - Repeals certain employment and training and vocational and adult education programs.

(Sec. 601) 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 Displaced Homemakers Self-Sufficiency Assistance Act; (4) provisions for Appalachian vocational and other educational facilities and operations under the Appalachian Regional Development Act of 1965; (5) the Job Training for the Homeless demonstration program under the Stewart B. McKinney Homeless Assistance Act; (6) specified Federal transportation law provisions for assistance by the Secretary of Transportation for certain human resource programs relating to mass transportation; and (7) specified Federal transportation law provisions for a program of protection and rehiring of certain dislocated airline employees, and assistance for them from an Airline Employee Protective Account administered by the Department of Labor.

Repeals as of July 1, 1998: (1) employment and training program provisions under the Food Stamp Act of 1977; (2) trade adjustment assistance services under the Trade Act of 1974; (3) the Adult Education Act; (4) the Carl D. Perkins Vocational and Applied Technology Act; (5) the School-to-Work Opportunities Act of 1994; (6) the Wagner-Peyser Act (employment services); (7) the Job Training Partnership Act; (8) the JOBS program for AFDC recipients under the Social Security Act; (9) community service employment for older Americans under the Older Americans Act of 1965; and (10) programs of Adult Education for the Homeless and of Education for Homeless Children and Youth under the Stewart B. McKinney Homeless Assistance Act.

(Sec. 602) Makes conforming amendments to various Federal laws, reflecting such immediate and subsequent repeals. Directs the Governing Board to submit to the Congress recommended legislation containing conforming amendments to reflect such subsequent repeals.