Workforce Development Act of 1995

TABLE OF CONTENTS:

Title I: Workforce Development and Workforce Preparation

Activities

Subtitle A: Statewide Work Force Development Systems

Subtitle B: Job Corps and Other Workforce Preparation

Activities for At-Risk Youth

Subtitle C: Transition Provisions

Subtitle D: National Activities

Subtitle E: Repeals of Employment and Training and

Vocational and Adult Education Programs

Title II: Workforce Development-Related Activities

Subtitle A: Amendments to the Rehabilitation Act of

1973

Subtitle B: Amendments to the Wagner-Peyser Act

Subtitle C: Amendments to the Immigration and

Nationality Act

Subtitle D: Amendments to the National Literacy Act of

1991

Title III: Museums and Libraries

Workforce Development Act of 1995 - Title I: Workforce Development and Workforce Preparation Activities - Subtitle A: Statewide Work Force Development Systems - Chapter 1: Provisions for States and Other Entities - Establishes a program of assistance for Statewide workforce development systems.

(Sec. 101) Directs the Secretaries of Labor and of Education (the Secretaries), acting jointly on the advice of the Workforce Development Partnership (Federal Partnership, established under this Act) 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. Allows a State option for an integrated plan.

(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 and occupational information system; and (3) a job placement accountability system. Allows such funds to be used also for: (1) specified permissible one-stop delivery activities; (2) other specified permissible activities which may be provided through vouchers (to persons age 18 or older who are unable to obtain Pell Grants under the Higher Education Act of 1965), 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. Sets forth employment standards.

(Sec. 107) Provides for: (1) Indian workforce development activities; (2) a migrant or seasonal farmworker program; and (3) grants to outlying areas.

Chapter 2: 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.

Chapter 3: Administration - Provides for: (1) accountability; and (2) incentives and sanctions.

(Sec. 123) 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. 124) Authorizes appropriations (in specified amounts which include the Federal funds made available to carry out the Wagner-Peyser Act) to carry out this title (other than subtitle B). Sets forth certain reservations of funds.

Subtitle B: Job Corps and Other Workforce Preparation Activities for At-Risk Youth - Chapter 1: General Provisions - Sets forth definitions.

Chapter 2: Job Corps - Maintains a national Job Corps program, to be carried out in partnership with States and communities.

(Sec. 142) 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 Board, certain activities for individuals enrolled in the Job Corps and assigned to a center.

(Sec. 143) 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; (9) community participation; (10) counseling and placement; (11) advisory committees; and (12) application of Federal laws.

(Sec. 155) Directs the Secretary of Labor to immediately take 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. 156) Provides for a national Job Corps review. Directs the National Board 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 Board 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 at least ten centers by such dates. Sets forth considerations for the Board in making such recommendations. Prohibits the Board from recommending that the Secretary close the only Job Corps center in a State. Allows continuing planning or construction and operation of centers begun before the enactment of this Act (with Board evaluation not sooner than three years after the start of operation). Requires annual reports by the Secretary to the Congress.

Chapter 3: Other Workforce Preparation Activities for At-Risk Youth - Directs the Secretaries, for program year 1998 and subsequent program years, to make allotments to States to help pay for carrying out specified State and Secretary of Labor workforce preparation activities for at-risk youth. Sets forth provisions for core required activities (including the Secretary's Job Corps activities and State grants for substate areas summer jobs programs for work-learning opportunities), permissible activities, allotment formulas, State plans, applications, within-State distribution, and financial assistance for Indians and Native Hawaiians.

Authorizes appropriations to carry out this subtitle.

Subtitle C: 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. 172) Directs the appropriate Secretary, in addition to providing for transition waivers, to establish a workforce flexibility demonstration program to permit not more than six eligible States (or local entities within such States) to waive any statutory or regulatory requirement applicable to specified covered activities.

(Sec. 173) Requires States to submit interim State plans to the appropriate Secretary in order for a State or locality to use transition waivers.

(Sec. 174) 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.

(Sec. 175) 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 Federal Partnership.

(Sec. 176) 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 terminates such authorizations for State literacy resource centers and the National Institute for Literacy).

Subtitle D: National Activities - Establishes the Workforce Development Partnership (Federal Partnership) in the Department of Labor and the Department of Education, under the joint control of the Secretary of Labor and the Secretary of Education.

Sets forth the Secretaries' duties in administering this title (except subtitle B) through the Federal Partnership.

(Sec. 182) Requires that the Federal Partnership be directed by a National Workforce Development Board (National Board) with a specified type of membership. Sets forth the duties and powers of the Federal Partnership, its Director, and its National Board. Authorizes appropriations to the National Board for the administration of the duties and responsibilities of the Federal Partnership under this title.

(Sec. 183) Sets forth Federal, joint Federal-State, and State responsibilities with respect to labor market and occupational information.

(Sec. 184) Authorizes the Secretaries, acting with the advice of the Federal Partnership, to make national discretionary grants in the form of: (1) rapid response grants to provide adjustment assistance to workers affected by a major economic dislocation that results from a closure, layoff, or realignment; and (2) disaster relief employment assistance.

(Sec. 185) Sets forth requirements relating to the National Center for Research in Education and Workforce Development. Authorizes the Secretaries, acting with the advice of the Federal Partnership, 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. 186) Directs the Secretary of Education to: (1) conduct a national assessment of vocational education programs assisted under this Act, through competitively awarded studies and analyses conducted independently; and (2) appoint an independent advisory board to advise on implementation of such assessment. Sets forth requirements for assessment contents, consultation, and reports.

(Sec. 187) Transfers to the appropriate Secretary (of Labor or of Education) in the Federal Partnership, as of June 30, 1998, all functions of the Secretaries of Labor and of Education (including all related functions of such Department officers or employees) that relate to a covered activity and are minimally necessary to carrying out Federal Partnership functions. Provides for: (1) determinations of functions by the Secretaries, including National Board and Presidential 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) Federal Partnership recommendations for additional legislation.

(Sec. 188) Transfers to the appropriate receiving agency all functions that do not relate to a covered activity, but that the Secretaries of Labor and of 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. 189) 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.

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

(Sec. 191) 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) the Adult Education Act; (2) the Carl D. Perkins Vocational and Applied Technology Act; (3) the School-to-Work Opportunities Act of 1994; (4) the Job Training Partnership Act; and (5) programs of Adult Education for the Homeless and of Education for Homeless Children and Youth under the Stewart B. McKinney Homeless Assistance Act.

(Sec. 192) Makes conforming amendments to various Federal laws, reflecting such immediate and subsequent repeals. Directs the Federal Partnership to submit to the Congress recommended legislation containing conforming amendments to reflect such subsequent repeals.

Title II: Workforce Development-Related Activities - Subtitle A: Amendments to the Rehabilitation Act of 1973 - Amends the Rehabilitation Act of 1973 (RA) to repeal provisions relating to consolidated rehabilitation plans.

(Sec. 205) 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. 208) 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. 209) Revises requirements for State plans.

(Sec. 210) Revises provisions for individualized written rehabilitation programs, and renames them as individualized employment plans.

(Sec. 211) 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. 212) Provides for linkages between members of State Rehabilitation Advisory Councils and State workforce development boards.

(Sec. 213) Requires consistency between RA evaluation standards and performance indicators and benchmarks established under this Act.

(Sec. 214) Repeals authority for Innovation and Expansion Grants (part C of title I Vocational Rehabilitation Services under RA).

Subtitle B: Amendments to the Wagner-Peyser Act - Amends the Wagner-Peyser Act (WPA) to place the U.S. Employment Service in the Federal Partnership.

(Sec. 222) Redefines Secretary, for WPA purposes, to refer to the Secretaries of Labor and of Education, acting jointly.

(Sec. 223) Sets forth Federal partnership functions under WPA.

(Sec. 224) Directs the State Governor, rather than the State legislature, to accept certain provisions under WPA and to designate a State agency to cooperate with the Federal Partnership.

(Sec. 225) Eliminates certain provisions relating to a program year funding basis.

(Sec. 226) Revises specified provisions relating to allotment of funds and to State plans.

(Sec. 228) Repeals provisions for a Federal Advisory Council under WPA.

Subtitle C: Amendments to the Immigration and Nationality Act - Prohibits State use of certain funds under the Immigration and Nationality Act for workforce employment activities under this Act.

Subtitle D: Amendments to the National Literacy Act of 1991 - Amends the National Literacy Act of 1991 to provide that the National Institute for Literacy (NIL) shall be administered by the Federal Partnership.

Authorizes the Federal Partnership to include in NIL any appropriate research and development center, institute, or clearinghouse.

Requires NIL to have offices separate from those of the Departments of Education or of Labor.

Directs the Federal Partnership to consider recommendations of the National Institute Council concerning NIL.

Authorizes NIL to award literacy leadership fellowships. Sets forth provisions for the National Institute Council. Provides that any amounts appropriated to the Federal Partnership or the Secretaries of Education, of Labor, or of Health and Human Services for purposes that NIL is authorized to perform may be provided to NIL for such purposes.

(Sec. 242) Authorizes the Secretaries of Labor and of Education, acting jointly on the advice of the Federal Partnership, to make grants to establish a network of State or regional adult literacy resource centers (from specified amounts appropriated under this Act).

(Sec. 243) Repeals provisions for the National Workforce Literacy Assistance Collaborative and the Family Literacy Public Broadcasting Program.

(Sec. 245) Extends 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) Repeals the Library Services and Construction Act and title II (Academic Libraries and Information Services) of the Higher Education Act of 1965.

(Sec. 307) Amends the Arts and Artifacts Indemnity Act to transfer authority to enter into indemnity agreements for exhibitions of arts and artifacts from the Federal Council on the Arts and Humanities to the IMLS Director.

Requires that the exhibition of such items be certified as being in the national interest by the Secretary of State or such Secretary's designee. (Current law requires that the Director of the U.S. Information Agency provide such certification). Includes as eligible items parts of an exhibition that originates either in the United States or outside the United States and that is touring the United States (thus extending coverage to domestic as well as foreign exhibitions).