I

103D CONGRESS

2D SESSION H. R. 4184

To amend the Job Training Partnership Act to establish a public works

and public service job training program, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 13, 1994

Miss COLLINS of Michigan introduced the following bill; which was referred

to the Committee on Education and Labor

A BILL

To amend the Job Training Partnership Act to establish

a public works and public service job training program,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Full Employment Op5 portunity and Infrastructure Improvement Act of 1994’’.

6 SEC. 2. PUBLIC WORKS AND PUBLIC SERVICE JOB TRAIN7 ING PROGRAM.

8 (a) IN GENERAL.—The Job Training Partnership

9 Act (29 U.S.C. 1501 et seq.) (in this Act referred to as
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1 ‘‘the Act’’) is amended by adding at the end the following

2 new title:

3 ‘‘TITLE VIII—PUBLIC WORKS

4 AND PUBLIC SERVICE JOB

5 TRAINING PROGRAM

6 ‘‘SEC. 801. FINDINGS AND PURPOSES.

7 ‘‘(a) FINDINGS.—The Congress finds that—

8 ‘‘(1) restoring the competitiveness and enhanc9 ing the productivity of the United States will require

10 that all workers possess basic job and educational

11 skills; and

12 ‘‘(2) an investment in human capital will have

13 a substantial impact on increasing productivity in

14 the United States.

15 ‘‘(b) PURPOSES.—The purposes of this title are to

16 establish a public works and public service job training

17 program designed—

18 ‘‘(1) to provide on-the-job training opportunities

19 for hard-to-employ individuals; and

20 ‘‘(2) to improve infrastructure and public sector

21 service delivery.

22 ‘‘SEC. 802. ALLOTMENT AND ALLOCATION.

23 ‘‘(a) ALLOTMENT TO STATES.—Of the amount ap24 propriated under section 3(g) for each fiscal year and

25 available to carry out this title, the Secretary shall allot
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1 such amount to the States for allocation to service delivery

2 areas within each State.

3 ‘‘(b) ALLOCATION TO SERVICE DELIVERY AREAS.—

4 Of the amount allotted to a State under subsection (a)

5 for a fiscal year, the Governor shall allocate such amount

6 to service delivery areas in such State in accordance with

7 the criteria contained in subparagraphs (A) through (C)

8 of section 202(b)(1).

9 ‘‘(c) REALLOTMENT.—

10 ‘‘(1) IN GENERAL.—Not later than 60 days

11 after the end of each program year, the Secretary

12 shall, in accordance with the requirements of this

13 subsection, reallot to eligible States amounts appro14 priated for such program year that are available for

15 reallotment under paragraph (2).

16 ‘‘(2) AMOUNT.—The amount available for real17 lotment is equal to the amount by which the unobli18 gated balance of the State allotment under sub19 section (a) for all States at the end of the program

20 year prior to the program year for which the deter21 mination under this subsection is made exceeds 20

22 percent of such allotment for that prior program

23 year.

24 ‘‘(3) ELIGIBLE STATES DEFINED.—For pur25 poses of this subsection, the term ‘eligible States’
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1 means States that demonstrate progress toward

2 achieving the objectives of this title and that require

3 additional funds in order to accomplish such objec4 tives, as determined by the Secretary.

5 ‘‘SEC. 803. USE OF FUNDS.

6 ‘‘(a) IN GENERAL.—A service delivery area shall use

7 amounts allocated under section 802 to establish a public

8 works and public service job training program under which

9 eligible individuals participate in job projects in accord10 ance with this title.

11 ‘‘(b) CONDUCT OF PROGRAM.—In carrying out the

12 program established under subsection (a), the service de13 livery area shall—

14 ‘‘(1) prepare a plan for the establishment and

15 conduct of job projects pursuant to criteria pre16 scribed by the Secretary;

17 ‘‘(2) submit such plan to the Secretary for re18 view and approval;

19 ‘‘(3) provide for an objective assessment of the

20 skill levels and service needs of each participant to

21 determine the appropriate job project for each such

22 participant;

23 ‘‘(4) provide participants with limited English

24 speaking ability such instruction as the service deliv25 ery area considers appropriate;
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1 ‘‘(5) use objective measures to monitor the suc2 cess or failure of the participant in the job project

3 and maintain records on each participant;

4 ‘‘(6) conduct outreach activities to attract eligi5 ble individuals;

6 ‘‘(7) provide pre-employment skills and work re7 sponsibility training;

8 ‘‘(8) provide each participant with—

9 ‘‘(A) information about and referrals to

10 pre-college and adult continuing education and

11 related training programs;

12 ‘‘(B) appropriate social services, including

13 information relating to educational programs;

14 and

15 ‘‘(C) information about programs and serv16 ices provided by the State apprenticeship coun17 cil;

18 ‘‘(9) establish a job counseling and job place19 ment service to assist each participant in obtaining

20 employment upon completion of the job project, in21 cluding the training-related placement of minorities

22 in nontraditional employment and apprenticeships;

23 and
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1 ‘‘(10) prepare and submit an annual report to

2 the Secretary on the activities of the service delivery

3 area with respect to the program.

4 ‘‘(c) JOB PROJECT REQUIREMENTS.—Each job

5 project shall meet the following requirements:

6 ‘‘(1) Each job project shall be capable of com7 pletion within 24 months.

8 ‘‘(2) Each job project shall provide for on-the9 job training and employment of eligible individuals,

10 including the training of minorities in nontraditional

11 employment.

12 ‘‘(3) A participant who has not received a high

13 school diploma or its equivalent shall, in order to

14 continue employment in the project, maintain satis15 factory progress toward receiving a high school di16 ploma or its equivalent.

17 ‘‘(d) PERSONNEL.—A service delivery area shall—

18 ‘‘(1) employ an administrator and support per19 sonnel sufficient to carry out the program estab20 lished under subsection (a); and

21 ‘‘(2) select a project manager for each job

22 project assisted under this title, in accordance with

23 criteria established by the Secretary.

24 ‘‘(e) PROGRESS REPORTS.—The administrator shall

25 prepare and submit to the private industry council of the
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1 service delivery area monthly progress reports on the job

2 projects.

3 ‘‘(f) ADMINISTRATIVE COSTS.—Not more than 10

4 percent of amounts allocated under section 802 to a serv5 ice delivery area for a fiscal year may be used for adminis6 trative expenses in carrying out the program established

7 under subsection (a).

8 ‘‘(g) CRITERIA RELATING TO PROFIT OR LOSS OF

9 EMPLOYERS.—The Secretary shall develop criteria to be

10 used by each private industry council to evaluate the pro11 jected profit or loss of an employer with respect to a job

12 project carried out by such employer.

13 ‘‘(h) JOB PROJECT DEFINED.—For purposes of this

14 title, the term ‘job project’ means—

15 ‘‘(1) the construction, renovation, repair, or

16 other improvement, and maintenance of a public

17 building or other public facility (including a surface

18 transportation, aviation, water resources, solid waste

19 management, or drinking water facility) with com20 mercial, industrial, public, service, or other value, or

21 ‘‘(2) work in such fields as environmental qual22 ity, health care, education, public safety, crime pre23 vention and control, prison rehabilitation, transpor24 tation, recreation, maintenance of parks, streets, and

25 other public facilities, solid waste removal, pollution
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1 control, housing and neighborhood improvements,

2 rural development, conservation, beautification, and

3 other fields of human betterment and community

4 improvement,

5 that will be carried out by a public agency or a private

6 nonprofit organization and would not otherwise be con7 ducted with existing funds.

8 ‘‘SEC. 804. ELIGIBLE INDIVIDUALS.

9 ‘‘(a) IN GENERAL.—Subject to the limitations in sub10 section (b), an individual shall be eligible to participate

11 in a job project under this title if such individual—

12 ‘‘(1)(A) has a high school diploma or its equiva13 lent; or

14 ‘‘(B) is enrolled in a program which leads to a

15 high school diploma or its equivalent and is making

16 substantial progress toward such diploma or equiva17 lent;

18 ‘‘(2) is at least 18 years of age;

19 ‘‘(3) has resided in the service delivery area for

20 at least 60 consecutive days prior to applying for

21 employment under the job project; and

22 ‘‘(4)(A) has been unemployed for at least 35

23 consecutive days prior to applying for such employ24 ment;
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1 ‘‘(B) sought employment during such 35-day

2 period; and

3 ‘‘(C) provides assurances that he or she will

4 continue to seek employment during the last 6

5 months of the job project.

6 ‘‘(b) LIMITATIONS.—

7 ‘‘(1) MAXIMUM INCOME.—An individual whose

8 income from all sources for the year preceding the

9 year in which the determination of employment

10 under the job project is made is equal to or greater

11 than 150 percent of the official poverty line (as de12 fined by the Office of Management and Budget, and

13 revised annually in accordance with section 673(2)

14 of the Omnibus Budget Reconciliation Act of 1981

15 (42 U.S.C. 9902(2)) shall not be eligible to partici16 pate in a job project under this title.

17 ‘‘(2) RETIREMENT BENEFITS.—An individual

18 eligible for retirement benefits under the Social Se19 curity Act (42 U.S.C. 301 et seq.), under any retire20 ment system for Federal Government employees,

21 under the railroad retirement system, under the

22 military retirement system, or under any private

23 pension program shall not be eligible to participate

24 in a job project under this title.
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1 ‘‘SEC. 805. WAGES AND BENEFITS AND SUPPORTIVE SERV2 ICES.

3 ‘‘(a) WAGES AND BENEFITS.—Notwithstanding sec4 tion 141(k), each participant in a job project under this

5 title shall receive the following:

6 ‘‘(1) Wages in an amount equal to—

7 ‘‘(A) the wages described in section 143(d)

8 with respect to laborers and mechanics de9 scribed in such section; or

10 ‘‘(B) in cases where subparagraph (A) does

11 not apply, wages equal to the higher of—

12 ‘‘(i) the minimum wage established

13 under section 6(a)(1) of the Fair Labor

14 Standards Act of 1938 (29 U.S.C.

15 206(a)(1)); or

16 ‘‘(ii) the minimum wage established

17 under the applicable State minimum wage

18 law.

19 ‘‘(2) Benefits and employment conditions com20 parable to the benefits and conditions provided to

21 other employees employed in similar occupations by

22 a comparable employer, as determined by the private

23 industry council.

24 ‘‘(b) SUPPORTIVE SERVICES.—Each service delivery

25 area shall make available to each participant in a job
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1 project under this title appropriate supportive services to

2 enable a participant to work.

3 ‘‘SEC. 806. WAIVER AUTHORITY.

4 ‘‘The service delivery area may waive the education

5 requirement under section 803(c)(3) with respect to a par6 ticipant in a job project.

7 ‘‘SEC. 807. LINKAGES.

8 ‘‘In carrying out the program under this title, each

9 service delivery area shall establish appropriate linkages

10 with other appropriate programs, including programs

11 under titles II and III and any other provision of this Act,

12 to avoid duplication and enhance the delivery of services.’’.

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

14 3 of the Act (29 U.S.C. 1502) is amended by adding at

15 the end the following new subsection:

16 ‘‘(g) There are authorized to be appropriated such

17 sums as may be necessary to carry out title VIII.’’.

18 (c) CONFORMING AMENDMENT.—The table of con19 tents of the Act is amended by adding at the end the fol20 lowing new items:

‘‘TITLE VIII—PUBLIC WORKS AND PUBLIC SERVICE JOB

TRAINING PROGRAM

‘‘Sec. 801. Findings and purposes.

‘‘Sec. 802. Allotment and allocation.

‘‘Sec. 803. Use of funds.

‘‘Sec. 804. Eligible individuals.

‘‘Sec. 805. Wages and benefits and supportive services.

‘‘Sec. 806. Waiver authority.

‘‘Sec. 807. Linkages.’’.
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1 SEC. 3. REQUIREMENT THAT STATE APPRENTICESHIP

2 COUNCIL REPRESENTATIVE BE MEMBER OF

3 PRIVATE INDUSTRY COUNCIL.

4 Paragraph (3) of section 102(a) of the Act (29

5 U.S.C. 1512(a)(3)) is amended by adding at the end the

6 following new subparagraph:

7 ‘‘(F) The State apprenticeship council.’’.

Æ