Job Training Act of 1982

Job Training Act of 1982 - Sets forth the purposes of this Act: (1) to establish programs of job training for private sector employment for those with special needs, especially welfare recipients and economically disadvantaged out-of-school youths; (2) to strengthen private sector involvement in planning and delivery of such training; (3) to give States primary responsibility for program design and operation; (4) to concentrate on job training rather than income maintenance; (5) to establish performance standards measuring results; and (6) to integrate job training with related State and local programs.

Authorizes appropriations in a specified amount for FY 1983 to carry out the purpose of title I (Job Training Grants to States), specified provisions of title II for research, evaluation, training, and technical assistance, and title IV (National Commission on Training and Employment) of this Act.

Authorizes appropriations for FY 1983 to carry out the purposes of part B (Secretary's Program Responsibilities) of title II of this Act (in a specified amount less any amounts appropriated to carry out training under the Trade Act of 1974).

Authorizes appropriations in a specified amount for FY 1983 to carry out the purposes of title III (Job Corps) of this Act.

Authorizes appropriations of necessary sums for FY 1983 through 1987 for Federal administrative expenses under part A (Secretary's Management Responsibilities) of title II and title IV (National Commission on Training and Employment) of this Act.

Authorizes appropriations of necessary sums for FY 1984 through FY 1987 to carry out the purposes of this Act.

Title I: Job Training to States - Part A: Financial Assistance Provisions - Directs the Secretary of Labor, for FY 1983, to allocate 97 percent of funds made available for this title in accordance with specified allocation of funds provisions under the Comprehensive Employment and Training Act (CETA) in effect prior to enactment of this Act. Authorizes Governors to use funds received under this allocation to plan to implement the job training program authorized by this title. Requires that the remaining three percent be used to carry out the purposes of title IV (National Commission on Training and Employment) and to carry out title II provisions for research, evaluation, training, and technical assistance, but prohibits its use for Federal personnel.

Directs the Secretary, for FY 1984 through FY 1987, to allocate title I funds according to specified formulas. Provides for allocation among States of 97 percent of such funds in FY 1984, and of at least 72 percent of such funds in FY 1985 through FY 1987, according to the relative numbers of: (1) recipients of Aid to Families with Dependent Children (AFDC); (2) youths age 16 through 24 with family incomes at or below the poverty level or the "lower living standard income level" (half the U.S. median income level, as determined by the Secretary); and (3) persons unemployed for at least 15 weeks. (Allocates a specified amount to U.S. territories and possessions.) Provides, for FY 1985 through 1987, that up to 25 percent of title I funds shall be allocated to those States which the Secretary determines have successfully met performance standards established under this Act. Provides that the remainder of such funds be used for the National Commission on Training and Employment and for research, evaluation, training, and technical assistance.

Authorizes each State job training council established under this Act, with the approval of the Governor, to designate one or more substate service delivery areas to receive job training services under this title. Provides that each such area should be related to a labor market area but need not be coterminous with the boundaries of substate political jurisdictions. Requires that any local government with a population of 500,000 or more be designated as a substate service delivery area. Directs the council to give strong consideration to designating any rural area served by a concentrated employment program as a substate service delivery area, after consultation with the prime sponsor who served the area under CETA. Authorizes combinations of, or additions to, substate service delivery areas. Requires that a specified portion of funds to such areas be allocated on the basis of relative numbers of: (1) AFDC recipients; (2) population, adjusted by per capita income differences; and (3) unemployed. Requires that due consideration be given, in suballocating specified funds, to subrecipients which have met State performance standards.

Requires a State to establish a State job training council in order to receive funds under this title. Directs that council members be selected by the Governor. Requires that a majority be from the private sector, 20 percent be local government elected officials, and the remainder include one representative each from the State employment service agency and the State vocational education system, and representatives of organized labor, private nonprofit community-based organizations, and other interested groups.

Requires the council to advise the State on all aspects of job training, information, and placement.

Requires the council, subject to the Governor's approval, to: (1) designate substate service delivery areas; (2) provide management guidance and review for all title I programs in the State and approval of all substate area plans and activities; (3) develop linkages with other programs and coordinate activities with private industry councils (PICs); (4) plan resource allocations; and (5) develop State job training report and performance standards.

Requires the council to also perform the functions previously performed by any State council established by any State law under the Wagner-Peyser Act (Federal Employment Service). Authorizes the State to consider having the council perform the functions of any State apprenticeship council established under the Apprenticeship Act. Requires the council to also review and comment on the State plan developed by the State employment agency under the Wagner-Peyser Act.

Requires a State to submit a job training report in order to be allocated funds under this title. Requires that such report: (1) demonstrate State legal and fiscal responsibility for title I program administration; and (2) include (A) goals, objectives, needs, and performance standards; (B) types of activities, areas, and individuals to be served; and (C) fund distribution criteria and method. Requires, beginning in FY 1984, that such report describe how the State has met goals, objectives, needs, and performance standards set in the previous fiscal year. Provides for local government and public comment on such reports.

Requires, to receive services under this title, that a private industry council (PIC) be established in each substate service delivery area. Directs the Governor to appoint PIC members after receipt of nominations from appropriate local private sector persons and public officials. Requires that a majority of PIC members be from the private sector, a significant percentage be local government elected officials, and the remainder be representatives from the State employment service agency, the public vocational education system, organized labor, private nonprofit community-based organizations, and other interested groups.

Requires the PIC to plan the job training program for the area, subject to approval by the State job training council and the Governor.

Requires the PIC to perform the functions previously performed in the area by any labor market advisory council under part C (Work Incentive-WIN-Program) of title IV of the Social Security Act. Directs the State to encourage coordination and integration of the work of the PIC with that of any job service employer committee.

Part B: Job Training Program - Sets forth eligibility requirements for participation in a job training program under this title. Requires that a participant be a person who: (1) is at least 16 years old and a recipient or family member under AFDC or under the Bureau of Indian Affairs child welfare or general assistance program; or (2) an out-of-school youth age 16 through 25, who is economically disadvantaged (defined to include handicapped).

Authorizes a State to use up to ten percent of its allocation under this title to serve other persons with special labor market disadvantages, including veterans, in-school youth, older workers, and displaced workers. Authorizes States with severe displaced worker problems to use up to an additional five percent of such funds to serve displaced workers if such States appropriate an equal amount of matching funds for such purpose.

Allows training activities to include: (1) on-the-job training; (2) institutional or classroom training; (3) job placement assistance; (4) vocational education and other skill training in a classroom; (5) general equivalency degree (GED) preparation and other basic and remedial education; and (6) employability assessment and development planning. Permits training programs to include those: (1) operated by the private sector, including employers' consortia; (2) training participants alongside nonparticipants, with private and public funding and with an employer pledge to hire a proportion of qualified graduates; and (3) funded under performance-based contracts.

Authorizes States to enter into agreements with the Secretary to operate for one year, with funds received under this title, Job Corps centers which are no longer funded by the Secretary, except that no such funds may be used to pay allowances. Allows States, in subsequent years, to use funds under this title to pay the tuition of individual corpsmembers, but requires that States use funds other than those under this Act to operate such centers.

Permits training programs to include specified apprenticeship programs and specified veterans' on-the-job training programs.

Requires all training agreements to contain standards on training content, quality, duration, and results.

Permits purchase of commercially available training packages under specified conditions.

Permits States and subrecipients to make training and placement agreements to assist employers in carrying out affirmative action program obligations.

Limits to 15 percent the amount of the State allocation under this title which may be used for administrative costs. Directs States to allow subrecipients an adequate amount of administrative funds.

Prohibits the use of funds under this title to pay to participants or to others on behalf of participants: (1) stipends, allowances, or other such payments; or (2) wages.

Limits to ten percent the amount of funds under this title which may be used to pay for social or supportive services (including child care, health care, and transportation), unless the Secretary has approved a somewhat higher percentage for extraordinary reasons set forth in the State job training report.

Provides that payments to employers under this title on behalf of participants in on-the-job training shall not average more than 50 percent of the wages paid during such training.

Prohibits use of funds under this title to: (1) train for occupations without labor or skill shortages; or (2) pay fees for placement of participants in training programs or jobs.

Sets forth State job training program operation requirements, including establishment of: (1) linkages with other programs; (2) procedures for fiscal control, accounting, audit, debt collection, subgranting, subcontracting, monitoring, correcting, and sanctioning; and (3) result-oriented performance standards and annual assessment.

Title II: Secretary's Responsibilities - Part A: Secretary's Management Responsibilities - Directs the Secretary to: (1) establish Federal performance standards to measure title I programs; and (2) annually assess each State program. Requires that such standards: (1) recognize different circumstances affecting States' performances; (2) be based on participant outcome measures; and (3) measure cost effectiveness and postprogram, compared to preprogram, earnings.

Authorizes the Secretary to monitor, and investigate where necessary, to determine compliance by recipients of financial assistance under this Act.

Sets forth provisions for: (1) auditing requirements; (2) corrective actions and sanctions; (3) administrative adjudications; (4) reallocation of funds; and (5) performance reports.

Authorizes the Secretary to establish research and evaluation programs and to provide training and technical assistance.

Part B: Secretary's Program Responsibilities - Authorizes the Secretary, from funds made available for this part, to provide financial assistance to recipients under this Act or to other agencies or organizations for job training programs designed to meet the needs of persons with special labor market disadvantages, including Native Americans, migrants and seasonal farmworkers, older workers, veterans, displaced homemakers, persons of limited English language proficiency, handicapped individuals, displaced workers, and offenders.

Sets forth provisions for Native American programs (unlike CETA, this Act does not require minimum funding levels for such programs). Directs the Secretary to fund Native American Indian tribes, bands, or groups on Federal or State reservations having a governing body, including Alaska Native villages or groups and the Oklahoma Indians (unlike CETA, this Act provides for no special programs for Hawaiian natives or nonreservation Native Americans). Requires submission of plans to receive such funding. Requires, if the Secretary decides to use other public agencies or private organizations for such services, that these entities be approved by those to be served. Directs the Secretary to establish procedures and machinery (including personnel) to administer such programs. Sets title I program activities limits and conditions on such programs.

Sets forth provisions for migrant and seasonal farmworker programs (unlike CETA, this Act does not require minimum funding levels for such programs). Directs the Secretary to meet the job training needs of migrants and seasonal farmworkers through public agencies and private organizations. Includes among such programs job training in agricultural or nonagricultural occupations and related assistance and supportive services. Directs the Secretary to: (1) use competitive procedures in awarding funds for such programs; and (2) consult with appropriate State and local officials on program operation. Applies title I program activities limits and conditions to such programs.

Sets forth provisions for older Americans programs (unlike CETA, this Act does not require minimum funding levels for such programs). Authorizes the Secretary to financially assist job training programs for older Americans who are economically disadvantaged and aged 55 or over. Applies title I program activities limits and conditions to such programs.

Authorizes the Secretary to financially assist job training programs for veterans which emphasize the needs of disabled, Vietnam era, and recently separated veterans. Applies title I program activities limits and conditions to such programs.

Title III: Job Corps - Transfers from CETA to this Act the provisions of law authorizing the Job Corps.

Title IV: National Commission on Training and Employment - Establishes a National Commission on Training and Employment to perform advisory functions similar to those of the National Commission on Employment Policy under CETA (adds membership positions for the Secretaries of Commerce and the Treasury and for two more private sector representatives). Requires that the Commission examine employment and training issues in conjunction with the National Commission on Vocational Education and include the comments of such Commission in any reports which it deems desirable to make. Requires, in addition, that the Commission perform Federal advisory functions previously required under the Wagner-Peyser Act (Federal Employment Service).

Title V: General Provisions - Sets forth provisions relating to: (1) services and property; (2) utilization of services and facilities; (3) interstate agreements; (4) nondiscrimination; (5) judicial review; and (6) rules and regulations.

Provides a transition period for CETA programs.

Prohibits expenditure of Federal funds for Federal or State advisory councils under the Wagner-Peyser Act (Federal Employment Service) or for labor market advisory councils under the WIN program of title IV of the Social Security Act.

Sets forth criminal penalties for theft or embezzlement of job training funds or obstruction of investigations under this Act.

Provides that all references in any statute other than this Act to CETA shall be read to refer to this Act.

Repeals the Comprehensive Employment and Training Act (CETA).

Repeals a requirement, under the Comprehensive Employment and Training Act Amendments of 1978, that the Secretary develop methods to ascertain and report annually on energy development and conservation employment impact data by type and scale of energy technologies used.

Repeals provisions for the Community Service Employment Pilot Program for Handicapped Individuals under the Rehabilitation Act.

Repeals provisions of the Wagner-Peyser Act (Federal Employment Service) relating to Federal and State advisory councils.

Repeals provisions of the WIN program under the Social Security Act relating to labor market advisory councils.