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United States · Law · HR

H.R. 3033 (102nd)

Job Training Reform Amendments of 1992

enactedUnited States· United States Congress· EN

Introduced

25 July 1991

Last action

—

Status

Became Public Law No: 102-367.

Sponsors

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Subjects

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Source updated

21 July 2025

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Summary

Job Training Reform Amendments - Declares it to be the policy of the United States to: (1) provide financial assistance to States and local service delivery areas (SDAs) to meet the training needs of low-income adults and youth and assist them in obtaining unsubsidized employment; (2) increase funds available for programs of training services for the disadvantaged by at least ten percent of the baseline each fiscal year to provide for growth in the number of eligible adults and youth served beyond the current five percent of the eligible population in need of these services; and (3) encourage provision of longer and more comprehensive education, training, and employment services to the eligible population, with increased funding to maintin current service levels. Amends the Job Training Partnership Act (JTPA) to authorize appropriations. Defines "basic skills deficient" as reading or computing skills at or below 8th grade level. Adds the Association of Farmworker Opportunity Programs, the Center for Employment Training, and organizations serving older workers to the list of community-based organizations. Strikes from such list the National Urban Indian Council. Revises the definition of "economically disadvantaged" to: (1) refer to income guidelines promulgated each year by the Secretary of Health and Human Services; and (2) include those determined eligible for, even if not receiving, food stamps. Revises the definition of "supportive services" to include drug and alcohol abuse counseling and referral and individual and family counseling. Includes representatives of local welfare agencies on private industry councils (PICs). Applies the requirement for a job training plan to training services for the disadvantaged only. Revises requirements for the contents of such plans to provide for linkages with appropriate agencies and for outreach to recruit locally determined target groups. Revises requirements for training services for the disadvantaged performance standards to: (1) promote delivery of services to the hard-to-serve; and (2) add measurement of increased basic education attainment and occupational skills (as well as the current measurement of increased employment and earnings and reduced welfare dependency). Provides for the following additional factors in performance standards for youth programs: (1) attainment of employability competencies; (2) eighth grade, secondary and postsecondary school completion or its equivalent; and (3) enrollment in other education, training, or employment programs or apprenticeships, or enlistment in the Armed Forces. Requires the private industry council to determine levels for competency standards based on such factors as entry skill levels and other hiring requirements. Sets forth additional elements of performance standards. Retains the requirement that the Secretary prescribe performance standards relating gross program expenditures to various performance measures, but states that such standards shall not be taken into consideration in the award of incentive grants. Provides that Governor's incentive grant awards shall be to service delivery areas (SDAs) conducting adult and youth programs which: (1) meet specified performance standards established by the Secretary and exceed performance standards for long-term placement of hard-to-serve populations; (2) place participants in employment providing wages at placement exceeding the appropriate performance criteria, as well as employer-assisted employment benefits (including health benefits); (3) meet specified performance standards established by the Governor; and (4) establish linkages with other programs to avoid duplication and enhance delivery of services. Retains the requirement for the Secretary to prescribe performance standards for dislocated workers employment and training assistance based on placement and retention in unsubsidized employment. Eliminates, however, the requirement that such standards make appropriate allowance for the difference in cost resulting from serving workers receiving certain needs-related payments. Changes from discretionary to mandatory the authority of State Governors to prescribe within certain parameters, variations in performance standards for training services for the disadvantaged and for dislocated workers employment and training assistance. Directs the Secretary to: (1) provide information and technical assistance on performance standards adjustments; (2) collect data that identify hard-to-serve individuals and long-term welfare dependency; (3) provide guidance on setting performance goals at the service provider level that encourages increased service to the hard-to-serve, particularly long-term welfare recipients; and (4) review performance standards to ensure that they provide maximum incentive in serving the hard-to-serve, particulary long-term welfare recipients, including those receiving benefits under the aid to families with dependent children (AFDC) and supplement security income (SSI) programs of the Social Security Act. Authorizes Governors to prescribe additional performance standards for these programs, which must be reported in the coordination and special services plan. Directs the Secretary to prescribe performance standards for: (1) employment and training programs for Native Americans and migrant and seasonal farm workers; (2) the Jobs Corps; and (3) the jobs for employable dependent individuals incentive bonus program. Directs the Secretary to prescribe a system for variations in JTPA performance standards for special populations to be served. (Current law requires prescription of such variations, but without system.) Authorizes the Secretary to modify JTPA performance standards not more often than once every two program years (except that Job Corps standards may be modified each program year). Prohibits such modifications from being retroactive. Directs the Secretary to establish uniform criteria for determining SDA failure to meet performance standards and for requiring certain remedial responses. Sets forth required responses to failures to meet such standards, including a process for correction. Requires each State Governor to report annually on the final performance of each SDA and on the Governor's plans to provide technical assistance to SDAs failing to meet the prescribed uniform criteria. Directs the Secretary, upon determination that the Governor has not provided appropriate technical assistance, to provide such assistance using specified funds withheld from the State administration set-aside. Requires the Governor, if an SDA continues to fail to meet performance standards for two program years, to: (1) notify the Secretary and the SDA of the continued failure; and (2) develop and impose a reorganization plan. Directs the Secretary, if the Governor has not initiated such requirements within 90 days after the end of the second program year of such failure, to develop and impose such reorganization plan, using the specified withheld funds. Allows the alternative administrative entity under such reorganization plan to be a newly formed private industry council or any agency jointly selected by the Governor and the chief elected official of the largest local government in the SDA or substate area. Allows SDA to appeal for revision of such reorganization plans. Defines "employment," for purposes of JTPA performance standards, as employment for more than 20 hours per week. Requires selection of service providers to be made on a competitive basis and to include: (1) a determination of such provider's ability to meet program design specifications that take into account JTPA's purpose and the needs established in the Governor's coordination and special services plan; and (2) documentation of compliance with procurement standards established by the Secreary, including the reasons for selection. Revises limitations on certain costs for specified programs, including general administrative costs, combined administration and support services costs, and training-related services costs. Prohibits duplication of supportive services which are available free to participants through other services. Provides for recapture and reallotment of unexpended funds for training services for the disadvantaged youth program. Revises requirements for the Governor's coordination and special services plans to include descriptions of State coordination measures and projected grant uses. Includes State agencies primarily responsible for administration of programs for older workers among those which may be represented on the State Job Coordinating Council. Revises provisions for State education coordination and grants. Repeals specified provisions for training programs for older workers. Requires identification of any State- or SDA-rule, regulation, policy, or performance standard relating to administration and operation of programs funded by JTPA. Requires State labor market information programs to include training and technical assistance to support comprehensive career guidance and participant outcome activities for local programs assisted under JTPA. Revises program requirements for service delivery systems. Exempts normal tuition charges for training or education from certain requirements for a breakdown of cost components. Exempts from specified cost limitations certain administrative expenses related to training incurred by community-based organizations. Requires placements made in unsubsidized employment to be in job areas related to the training provided to the participant. Allows an SDA which is a city or a country to serve residents of either the city or the country if the city is located within the county and is a separate SDA. Limits the duration of on-the-job training to a period not in excess of that generally required for acquisition of skills needed for that position, but never exceeding six months. Requires on-the-job contracts to: (1) specify types and duration of training and other services; and (2) if an intermediary brokering contractor is used for placements, specify certain additional services and factors. Revises provisions relating to disposal of assets and program income. Prohibits JTPA funds from being used for employment generating activities, economic development activities, revolving loan funds, capitalization of businesses, contract bidding resource centers, activities to induce or encourage relocations resulting in loss of employment at the previous existing location, and similar activities that do not result in the direct creation of jobs into which program participants are placed. Prohibits the use for foreign travel of funds for: (1) training services for the disadvantaged; or (2) employment and training assistance for dislocated workers. Extends specified minimum wage exemptions to certain SDAs. Revises certain Federal and fiscal administrative provisions. Allows the use of certain advance payment methods when contracting with nonprofit organizations of demonstrated effectiveness. Requires States to establish fiscal control and fund accounting procedures to ensure proper disbursal and accounting of Federal funds. Requires the Secretary to establish procurement standards for States, local areas, and SDAs to ensure that specified criteria are met. Requires State Governors to: (1) conduct annual on-site monitoring of each SDA and substate area to ensure compliance with such procurement standards; (2) impose corrective action to secure prompt compliance; (3) impose specified sanctions in the event of failure to take required corrective action; and (4) certify biennially the State's implementation, monitoring, and enforcement of such standards. Directs the Secretary, upon determination that the Governor has not fulfilled such requirements, to impose such corrective actions and sanctions. Requires the Governor, in cases of failure to take required corrective actions for substantial violations of JTPA provisions or regulations, to direct the Governor to: (1) issue a notice of intent to revoke approval of all or part of the plan affected; or (2) impose a reorganization plan, which may include specified changes. Provides for appeals of corrective actions and sanctions. Directs the Secretary to take such actions if the Governor fails to do so promptly. Directs the Secretary to: (1) review the implementation of these requirements and report with recommendations to the Congress on the effectiveness of such provisions; and (2) provide for an independent study of the amount and use of program income received by service providers, and submit such study with recommendations to the Congress. Revises reporting, recordkeeping, and requirements investigative requirements. Requires recipients to maintain and provide to the Secretary standardized records of a sufficient number of individual participants to provide an adequate sample size to allow for preparation of national estimates to meet specified requirements. Requires the Secretary, Inspector General, or Comptroller General to furnish States or SDAs which are going to be investigated with the monitoring guides to be used by reviewers. Requires States, administrative entities conducting the program, and recipients (other than sub-recipients) to monitor the performance of service providers in complying with the agreements under JTPA. Requires Governors to ensure that requirements are established for retention of records for specified periods. Revises requirements for information in reports. Directs the Secretary to ensure that all elements required for reports are defined and reported uniformly. Revises provisions for training services for the disadvantaged adults and youth. Revises adult program allotment provisions to establish State set-asides for education, performance incentives, and auditing and administration. Allows individuals, whether employed or unemployed, to be eligible for adult program services as long as they are adults (age 22 or older) who are economically disadvantaged. Requires that at least 60 percent of program participants in each SDA be individuals who, in addition to being economically disadvantaged adults, are in one or more of the following categories: (1) basic skills deficient; (2) school dropouts; (3) recipients of cash welfare payments; (4) offenders; (5) individuals with disabilities; or (6) homeless. (Retains the current provision that allows up to ten percent of program participants in an SDA not to be economically disadvantaged if they have encountered barriers to employment.) Requires SDAs to: (1) make special efforts and expenditures to serve older workers; (2) coordinate delivery of such services with those under the Older Americans Act; and (3) give priority to service providers with demonstrated effectiveness in providing such services. Establishes adult program design requirements, including: (1) assessment of participants' skill levels and service needs; (2) development of service strategies to identify employment goals, appropriate achievement objectives, and appropriate services; (3) review of participant progress; and (4) if appropriate, basic (including language) and occupational skills training and supportive services. Requires that job search, skills training, job club, and work experience be accompanied by other services designed to increase a participant's basic education or occupational skills. Allows an exception from such combination requirement only if: (1) the participant's assessment and service strategy indicate that the additional services are not appropriate; and (2) the activities are not available to the participant through the Employment Service or other public agencies. Allows continued provision of counseling and supportive services to a participant for up to one year after termination from the program. Revises authorized services for which adult program funds may be used. Eliminates employment-generating activities from the list of such authorized services. Divides the lists of such services into direct training and training-related and supportive services. Requires SDAs to link with: (1) other specified Federal programs; and (2) State, local, and private programs, as appropriate. Allows an SDA to transfer up to ten percent of adult program funds to the youth program under certain conditions. Revises provisions for summer youth employment training programs to limit administrative costs to 15 percent. Requires SDAs to: (1) expend funds for basic and remedial education as described in the State job training plan; (2) assess participant skill levels and service needs and develop service strategy for participants; and (3) provide follow-up services for participants for whom a service strategy has been developed. Allows individual concurrent enrollment in such program and in disadvantaged youth programs. Sets forth provisions for the disadvantaged youth program. Revises allotment formulas to establish set-aside for State education coordination and grants. Revises eligibility requirements for in-school youth and out-of-school youth. Requires that at least 60 percent of the funds for in-school youth and for out-of-school youth, respectively, be used for participation of specified targeted groups. Establishes year-round program design requirements, including: (1) assessment of participants' skill levels and service needs; (2) development of service strategies to identify achievement objectives, appropriate employment goals, and appropriate services; (3) review of participant progress; and (4) if appropriate, basic skills training, occupational skills training, pre-employment and work maturity skills training, work experience combined with skills training, and supportive services. Requires that work experience, job search, job search skills training, and job club activities be accompanied by additional services which: (1) are designed to increase a participant's basic education or occupational skills; and (2) may be provided sequentially or concurrentllly, under other education and training programs. Allows continued provision of counseling and supportive services to a participant for up to one year after termination from the program. Requires SDAs to establish linkages with the appropriate educational agencies responsible for service to participants. Provides that authorized youth services may include, but need not be limited to, the services described under the headings of direct training, training related services, and participant support services under part A adult program provisions. Provides that additional authorized youth services may include specified features. Requires SDAs to link the youth program with: (1) other specified Federal education and training programs; and (2) as appropriate, State, local, and private programs. Allows an SDA to transfer up to ten percent of youth program funds to the adult program under certain conditions. Provides, with respect to employment and training assistance for dislocated workers, that an eligible dislocated worker participating in training (except on-the-job training) shall be deemed to be in training with the approval of the State agency for purposes of unemployment compensation. Extends the authorization for specified demonstration programs. Revises employment and training programs for Native American and migrant and seasonal farmworkers. Directs the Secretary to: (1) designate a single organizational unit to have as its primary responsibility the administration of all Native American programs authorized under JTPA; and (2) promote recruitment and promotion of Indians, Native Alaskans, and Native Hawaiians to positions in such unit. Authorizes the Secretary to waive, under the migrant and seasonal farmworker programs, the requirement of biennial competition for grants for those grantees that: (1) have performed satisfactorily on their existing grant; and (2) submit a satisfactory two-year plan for the succeeding period. Requires JTPA grants for Native American programs and for migrant and seasonal farmworker programs to be consistent with specified standard competitive procurement procedures and auditing procedures. Amends provisions for the Job Corps. Revises the age limits for participation in the Job Corps to allow not more than 20 percent of the enrollees to be from age 22 through 24. Declares that JTPA allows participants to participate concurrently or sequentially in both the Job Corps and training services for the disadvantaged. Increases from ten to 20 percent the allowable number of nonresidential participants enrolled in the Job Corps in any year. Requires that, in enrolling nonresident participants, priority be given to those eligible individuals who are single parents with dependent children. Prohibits use of Department of Labor funds to contract with a nongovernmental agency to administer or manage a Civilian Conservation Center of the Job Corps on public land. Directs the Secretary, as practicable, to provide child care at or near Job Corps centers for individuals who require such care for their children in order to participate in the Job Corps. Requires each Job Corps center to provide alcohol and drug abuse counseling and referral to participate who need such services. Directs the Secretary to provide all nonprofit Job Corps contractors with an equitable and negotiated management fee of not less than one percent of the contract amount. Revises provisions for national activities, including research, demonstration, training and technical assistance. Directs the Secretary to provide guidance and technical assistance to State and SDAs relating to documentation of participants' eligibility for training services for the disadvantaged. Directs the Secretary to: (1) lead the Departments of Labor of Education, of Health and Human Services, and other appropriate departments in identifying a core set of consistently defined data elements for employment and training programs; and (2) report to the Congress on recommended data elements and definitions. Revises provisions for labor market information. Directs the Bureau of Labor Statistics, in cooperation with the States, to engage in research and demonstration on organizing and making accessible nationwide information on quarterly earnings, establishment and industry affiliation, and geographic location of employment, for feasibility determination and/or policy research and program evaluation purposes, while ensuring confidentiality and privacy. Directs the Secretary to report to the Congress within 12 months on the costs and benefits of such a database under the cooperative labor information program. Includes the Secretary of Health and Human Services among those with whom the Secretary is to cooperate in reviewing and coordinating labor market information systems. Directs the Secretary, through the National Occupational Information Coordinating Committee (NOICC), to report biennially to the Congress on development and maintenance of a common core of labor market information. Increases the authorization of funding for NOICC. Directs NOICC to: (1) give special attention to career development; and (2) conduct research and demonstrations to improve coordination and compatibility of Federal or State human resources data systems, including economic development assistance systems, and to provide support to States in implementing system enhancements. Establishes a new Youth Opportunities Unlimited Program. Authorizes the Secretary to establish such national program of Youth Opportunities Unlimited (YOU) grants to pay 50 percent of the cost of comprehensive education, training, and employment services for youth in high poverty areas in urban and rural areas. Requires such grants to be awarded to the local service delivery area (on behalf of the participating community) in which the target area is located (or to designated grantees if the target area is in a farmworker community, Indian reservation, or Alaskan native village). Authorizes the Secretary to select as grant recipients up to 25 communities in the first year after the program is in effect. Requires that at least one, but not more than three, of such grants be awarded to: (1) designated representatives of Indian reservations and Alaskan native villages; and (2) designated representatives of farmworkers. Makes such grants cover a three-year period, with each year conditional upon compliance. Authorizes participating communities to apply for grants for use on behalf of target areas. Requires that a designated area have not more than 25,000 population, except in the case of single school districts. Makes all youth aged 14 through 21 in the target area eligible to participate in assisted programs and activities. Requires each participating community to develop an integrated service delivery system in each target area which meets specified minimum criteria for services. Requires such programs to also have an education component, outreach and recruitment efforts, youth program models, and measurable goals and outcomes. Sets forth requirements for maintenance of State and local funding levels, limitations on use of program funds, applications, and Federal and local shares. Directs the Secretary to provide for technical assistance, independent evaluations, and a report. Reserves funds for such program. Establishes a new microenterprise grants program. Directs the Secretary, to make grants in limited amounts to not more than ten States per year to implement and enhance community-based microenterprise activities. Requires that such activities produce substantial benefits for persons whose annual income does not exceed the poverty line. Authorizes use of such grants for staff entry level training, technical assistance, and support programs and counseling. Sets forth application and selection requirements. Requires State matching funds and annual reports. Defines microenterprise as a commercial enterprise: (1) with five or fewer employees, one or more of whom owns the enterprise; and (2) none of the owners of which has income exceeding the poverty line.

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