Comprehensive Employment and Training Act Employment and Amendments of 1978

(Conference report filed in Senate, S. Rept. 95-1325)

Comprehensive Employment and Training Act Amendments - =Title I: Administrative Provisions= - Consolidates the administrative provisions of the Comprehensive Employment and Training Act (CETA) of 1973.

Defines eligible prime sponsors as: (1) a State; (2) any unit of general local government with a population of 100,000 or more; (3) any combination of units of general local government which includes an otherwise eligible unit; (4) any unit or combination of units of general local government, without regard to population, which in exceptional circumstances, and after consultation with appropriate State and local officials, is determined by the Secretary of Labor (a) to serve a substantial portion of a functioning labor market area or (b) to be a rural area with high unemployment, and where there is a special need for services within the area; (5) certain existing concentrated employment program grantees, designated by the Secretary, serving areas with high unemployment; and (6) units previously designated as prime sponsors, whose populations have decreased below 100,000 but have demonstrated effectiveness to administer programs and still have that capability.

Requires State prime sponsors to allow subareas to assist in the planning and delivery of services within their respective jurisdictions. Authorizes the Secretary of Labor to act as a prime sponsor for an area under any of the employment and training programs when there is no other prime sponsor for an area or when services are not being provided to an area due to a complaint about the prime sponsor or to disapproval of a comprehensive plan.

Requires the prime sponsor to submit a comprehensive employment and training plan which consists of a master plan, serving as a long-term charter, and an annual plan to: (1) the Secretary of Labor before such sponsor may be eligible for financial assistance; and (2) specific State, local, and labor offices and organizations at least 45 days before submission to the Secretary, for purposes of review and comment by such bodies and the public.

Provides that any State seeking financial assistance under this Act shall submit a Governor's coordination and special services plan.

Amends provisions regarding review of comprehensive plans and complaints about and sanctions against prime sponsors.

Changes the composition and meeting requirements of prime sponsor planning councils and State employment and training councils.

Authorizes appropriations to carry out the provisions of this Act through fiscal year 1982.

Consolidates various assurances formerly required to be submitted by prime sponsors and redesignates them as program conditions. Sets out those conditions which are applicable to all programs and those which are applicable to the public service employment programs. Includes among the former a requirement that small and minority businesses be given maximum reasonable opportunity to compete for contracts, and a limitation that no participant may receive allowances from funds under this Act for institutional or classroom training for more than 104 weeks in a five-year period. Includes among the latter the limitations that no participant may be paid wages from funds under this Act for public service employment for more than 78 weeks in a five-year period and that no public service jobs shall be substituted for existing federally assisted jobs.

Requires the Secretary to establish a basic hourly allowance for persons receiving training and to set wages for public service employment in accordance with the Fair Labor Standards Act of 1938.

Redefines "unemployed" and "underemployed" for purposes of the Act. Permits institutionalized persons to be designated as "unemployed." Defines "economically disadvantaged" for purposes of the Act.

Directs that "areas of substantial unemployment" be determined on the basis of a year's rather than a quarter's data.

Authorizes the Secretary to: (1) prescribe such rules and regulations, including performance standards, as deemed necessary; (2) accept, purchase, or lease or employ any money, property, gifts, and services; and (3) utilize the services and facilities of departments and agencies of the United States.

Prohibits: (1) any program funded under this Act to be involved in political activities; and (2) discrimination against any person desiring to participate, receive benefits, or gain employment in connection with any program funded under this Act, on the grounds of age, religion, handicap, and political affiliation, in addition to those grounds listed in existing law.

Requires every recipient of funds to keep such records as determined by the Secretary, audits of records to determine whether a violation of any provision of this Act has occurred, and bonding of every officer, director, or employee of a recipient of funds under this Act who handles such funds.

Establishes within the office of the Secretary of Labor an Office of Management Assistance to provide management assistance to prime sponsors.

=Title II: Comprehensive Employment and Training Services= - Sets forth amounts to be allocated to programs for Financial Assistance Provisions, Services for the Economically Disadvantaged, and Occupational Upgrading and Retraining. Establishes conditions for receipt of financial assistance and for supplemental vocational education assistance.

Directs prime sponsors to assist each individual receiving assistance under this title in establishing a personalized employability plan which includes an assessment of training and supportive services.

Requires participants in Services for the Economically Disadvantaged to be: (1) economically disadvantaged; and (2) unemployed, underemployed, or in school.

Provides special services for youth to assist eligible participants in overcoming particular barriers to employment, including the lack of basic educational or vocational skills, and for older workers to assist in overcoming barriers to employment, including obsolete skills, changing physical characteristics, and employer reluctance to hire older workers.

Restricts eligibility of individuals in: (1) upgrading programs to those who are operating at less than their full skill potential, primarily those in entry level positions; and (2) retraining programs to those who have previously recieved a bona fide notice of impending layoff and have little opportunity to be re-employed in the same or equivalent occupation or skill level within the labor market area.

Authorizes appropriations through fiscal year 1982, to provide financial assistance to prime sponsors for transition public service employment for economically disadvantaged persons who are unemployed. Restricts the eligibility of individuals receiving such assistance to those: (1) who have been unemployed for at least 15 weeks and who are economically disadvantaged; or (2) who are, or whose families are, receiving aid to families with dependent children provided under an approved State plan, or are receiving supplemental security income benefits under the Social Security Act.

=Title III: Special Federal Responsibilities= - Directs the Secretary of Labor to use funds available under this Act to provide services authorized by all titles of this Act, and for employment and training programs which meet specified criteria, including those meeting the needs of handicapped individuals, single parents and displaced homemakers, and individuals who become unemployed as a result of large-scale loss of jobs in a locality, caused by the closing of a facility, mass layoffs, natural disasters, or similar circumstances. Requires the Secretary to develop employment and training programs for Native Americans, migrant and seasonal farm workers, disabled and Vietnam-era veterans, and middle-aged and older workers. Directs the Secretary to establish programs to train personnel to work with and assist handicapped individuals. Authorizes the Secretary to carry out job search and relocation assistance through agreements with States, State agencies or prime sponsors.

Directs the Secretary to establish a comprehensive program of employment and training research, a program of experimental, developmental, demonstration, and pilot projects through grants and contracts, and other evaluative research designed to aid in th solution of the Nation's employment and training problems.

Requires the Secretary to develop a comprehensive system of labor market information and certain additional methods and data. Directs the Secretary to establish and carry out a computerized job bank for the purpose of increasing job opportunity and achieving job referral and placement. States that the Secretary shall continually evaluate all programs, activities, and research projects including the cost-effectiveness in achieving the purposes of this Act.

Makes it the duty of the National Occupational Information Coordinating Committee to give special attention to the labor market information needs of youths.

=Title IV: Youth Programs= - Consolidates the youth employment demonstration programs, the Job Corps, and the summer youth program. Lists the basic eligibility requirements for all programs.

Eliminates certain procedural requirements with respect to the Job Corps, including background investigation of applicants, the oath of allegiance, the assignment of 40 percent of male enrollees to conservation centers, and certain recordkeeping and evaluations. Authorizes, rather than requires, the Secretary to develop experimental and developmental projects and to use advisory councils in the operation of the Job Corps. Establishes concurrent Federal-State jurisdiction with respect to criminal law enforcement where the property would otherwise be under exclusive Federal jurisdiction and a Job Corps center is on such property.

=Title V: National Commission for Employment Policy= - Establishes a National Commission for Employment Policy whose duties shall include the identification of the employment goals and needs of the Nation and the evaluation of the effectiveness of major Federal programs and of any federally assisted employment and training programs.

Requires the Commission to report at least annually to the Congress and the President on its findings.

=Title VI: Countercyclical Public Service Employment Program= - Consolidates public service employment programs formerly found in titles II and VI of CETA, and restates their purpose to be the provision of temporary employment during periods of high unemployment. Restricts eligibility to individuals: (1) who have been unemployed for at least ten out of the twelve weeks immediately prior to a determination, and who are unemployed at the time the determination is made; and (2) whose family income does not exceed 100 percent of the lower living standard income level based on the three-month period prior to application, or who are, or whose families are, receiving aid to families with dependent children provided under an approved State plan, or are receiving supplemental security income benefits under the Social Security Act. States the intent of Congress that such employment be provided during periods when the national rate of unemployment is in excess of four percent, and that the number of jobs funded shall be sufficient to provide jobs for 20 percent of the number unemployed in excess of four percent, or 25 percent of the number of unemployed in excess of four percent in periods during which the national rate of unemployment is in excess of seven percent.

=Title VII: Private Sector Opportunities For The Economically Disadvantaged= - Provides for the establishment of private industry councils to participate with the prime sponsor in the development and implementation of programs to increase the involvement of the business community, including small businesses and minority business enterprises, in employment and training activities under this Act. Requires such activities to augment private sector-related activities under Title II, and specifies other programs which such activities may include.

=Title VIII: Youth Adult Conservation Corps= - Continues the Youth Adult Conservation Corps.

Sets forth criminal penalties for theft or embezzlement from employment and training funds, improper inducement, or obstruction of investigations.

Labor Management Cooperation Act - Amends the Labor-Management Relations Act of 1947 to authorize and direct the Federal Mediation and Conciliation Service to encourage and support the establishment and operation of joint labor management activities conducted by plant, area, and industrywide committees designed to improve labor management relationships, job security and organizational effectiveness.

Repeals the Emergency Jobs and Unemployment Act of 1974.