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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1112 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1112

To establish youth apprenticeship demonstration programs, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1993

 Mr. McCurdy (for himself, Mr. Neal of North Carolina, Mr. Hughes, and 
  Mr. Frost) introduced the following bill; which was read twice and 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
To establish youth apprenticeship demonstration programs, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Youth Apprenticeship Act of 1993''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) many foreign countries, including Germany, Japan, 
        Denmark, and Sweden, have national policies that--
                    (A) are aimed at effective employment preparation 
                of youth who do not seek a college education; and
                    (B) include programs that provide occupational 
                guidance to students and combine schooling with work 
                experience;
            (2) in Germany, almost all eligible students apply for 
        vocational training, which substantially reduces the risk of 
        unemployment for young people, and German firms spend 
        $18,000,000,000 annually on vocational training;
            (3) United States international competitiveness is being 
        eroded because a substantial increase is occurring in jobs 
        requiring greater skills and youth are unprepared to meet the 
        new labor market demands;
            (4) partly as a result of inadequate skills in the work 
        force, the productivity growth of the United States has slowed 
        dramatically over the past 10 years, with the country taking 
        almost 3 years to achieve the same productivity improvement 
        previously achieved in 1 year;
            (5) while the United States still leads the world in 
        productivity, the rate of productivity improvement is 
        increasing much faster among competing nations;
            (6) the economic position of United States high school 
        graduates who do not seek a college education is deteriorating, 
        with real earnings of the graduates declining by 28 percent 
        from 1973 to 1986;
            (7) about 9,000,000 of the 33,000,000 United States youth 
        age 16 to 24, or 27 percent of the youth, lack the necessary 
        skills to meet employer requirements for entry level positions;
            (8) in the United States, apprenticeship training programs 
        are providing valuable training services to--
                    (A) 300,000 apprentices enrolled in more than 
                40,000 federally registered programs; and
                    (B) 100,000 apprentices participating in 
                nonregistered programs;
            (9) attempts to expand apprenticeship training in the 
        United States have been unsuccessful and the percentage of the 
        civilian United States work force enrolled in federally 
        registered apprenticeship programs fell from an already low .3 
        percent in 1970 to only .16 percent in 1987;
            (10) federally registered apprenticeship training programs 
        do not provide assistance to the average high school graduate, 
        as evidenced by the fact that--
                    (A) fewer than 2 percent of United States high 
                school graduates enter into youth apprenticeship 
                training programs; and
                    (B) the median age of United States apprentices is 
                25;
            (11) currently, there are at most approximately 3,500 
        United States high school students participating in school-to-
        work apprenticeship programs; and
            (12) school-to-work apprenticeship programs can--
                    (A) allow students to become registered apprentices 
                as the students complete high school;
                    (B) produce positive outcomes for the students, 
                schools, and employers; and
                    (C) provide supervised work experience for the 
                students during high school, promoting desirable work 
                habits and developing knowledge and skills for the 
                working world.
    (b) Purpose.--The purpose of this Act is to develop and evaluate a 
range of youth apprenticeship programs that will--
            (1) establish partnerships between secondary and 
        postsecondary schools, employers, labor organizations, and 
        community and civic leaders to bridge the growing gap in 
        skills, income, and opportunity between college bound and 
        noncollege bound youth;
            (2) offer young people a better chance to gain marketable 
        skills and incentives to remain in school and achieve better 
        grades;
            (3) establish a systematic transition for students from 
        school to work by combining work experience for youth with a 
        work-related curriculum;
            (4) identify and develop competency standards for youth 
        apprentices;
            (5) instill a sense of pride, self-esteem, and purpose in 
        youth apprentices;
            (6) contribute to the public policy debate on youth 
        apprenticeship programs; and
            (7) test a range of approaches to youth apprenticeship 
        programs.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the Institute.
            (2) Disadvantaged youth.--The term ``disadvantaged 
        youth''--
                    (A) means an individual (other than an individual 
                with a handicap) who--
                            (i)(I) is an economically disadvantaged 
                        individual; or
                            (II) has academic disadvantages; and
                            (ii) requires special services and 
                        assistance in order to succeed in an 
                        apprenticeship training program; and
                    (B) includes--
                            (i) an individual who is a member of an 
                        economically disadvantaged family;
                            (ii) a migrant;
                            (iii) an individual with limited-English 
                        proficiency; and
                            (iv) an individual who is identified as a 
                        potential dropout from a secondary school.
            (3) Economically disadvantaged family; economically 
        disadvantaged individual.--The terms ``economically 
        disadvantaged family'' and ``economically disadvantaged 
        individual'' mean a family and an individual, respectively, 
        that the Institute, or a partnership participating in a youth 
        apprenticeship demonstration program, determines to be low-
        income, according to the latest available data from the 
        Department of Commerce.
            (4) Institute.--The term ``Institute'' means the Institute 
        for Youth Apprenticeship, established in section 4.
            (5) Partnership.--The term ``partnership'' means a 
        coalition of secondary and postsecondary schools, employers, 
        labor organizations, and community and civic leaders, formed 
        for the purpose of operating a youth apprenticeship 
        demonstration program.
            (6) Postsecondary school.--The term ``postsecondary 
        school'' means a community college, junior college, technical 
        institute, or area vocational school.
            (7) Postsecondary school demonstration program.--The term 
        ``postsecondary school demonstration program'' means a 
        demonstration program described in section 6(b)(3).
            (8) Secondary school demonstration program.--The term 
        ``secondary school demonstration program'' means a 
        demonstration program described in section 6(b)(2).
            (9) Youth apprenticeship demonstration program.--The term 
        ``youth apprenticeship demonstration program'' means a 
        demonstration program described in paragraph (2) or (3) of 
        section 6(b).

SEC. 4. INSTITUTE FOR YOUTH APPRENTICESHIP.

    (a) Establishment.--There is established an Institute for Youth 
Apprenticeship that shall administer the programs established under 
this title. The Institute shall be an independent establishment, as 
defined in section 104 of title 5, United States Code.
    (b) Composition of Board of Directors.--The Institute shall be 
administered by a Board of Directors. The Board shall be composed of 21 
members, including--
            (1) a Chairperson, appointed by the President with the 
        advice and consent of the Senate;
            (2) the Administrator of the Office of Work-Based Learning 
        of the Department of Labor;
            (3) the Director of the Division of Vocational and 
        Technical Education of the Department of Education; and
            (4) 18 members, appointed by the President--
                    (A) who shall include--
                            (i) nine individuals from among individuals 
                        nominated by the Speaker of the House of 
                        Representatives; and
                            (ii) nine individuals from among 
                        individuals nominated on the joint 
                        recommendation of the Majority Leader of the 
                        Senate and the Minority Leader of the Senate; 
                        and
                    (B) of whom--
                            (i)(I) six individuals shall be 
                        representatives of the education community;
                            (II) six individuals shall be 
                        representatives of labor and worker groups; and
                            (III) six individuals shall be 
                        representatives of the business community; and
                            (ii) individuals within each of the groups 
                        described in subclauses (I), (II), and (III) of 
                        clause (i) shall represent the national, State, 
                        and local community levels.
    (c) Term.--Each appointed member of the Board shall be appointed 
for a term of 5 years.
    (d) Vacancies.--Vacancies in the membership of the Board shall be 
filled in the same manner as the original appointment. The vacancy 
shall not affect the power of the remaining members to execute the 
duties of the Board.
    (e) Federal Employment.--
            (1) Members.--Members of the Board appointed under 
        subsection (b)(4) shall not be employees or officers under 
        section 2104 or 2105 of title 5, United States Code.
            (2) Chairperson.--The Chairperson of the Board shall be an 
        officer under section 2104 of title 5, United States Code.
    (f) Suit.--Members of the Board shall be immune from suit and legal 
process relating to acts performed by the members in their capacity, 
and within the scope of their functions, as members of the Board.
    (g) Compensation and Reimbursement of Expenses.--
            (1) Uncompensated service.--Members of the Board who are 
        not employees of the Federal Government shall not be 
        compensated for the performance of duties for the Board.
            (2) Travel expenses.--Each member of the Board shall 
        receive travel expenses, including per diem in lieu of 
        subsistence, as authorized by section 5703 of title 5, United 
        States Code, for persons employed intermittently in the 
        Government service, for each day the member is engaged in the 
        performance of duties away from the home or regular place of 
        business of the member.
    (h) Quorum.--A quorum shall consist of 14 members of the Board, 
except that 9 members may conduct a hearing.
    (i) Meetings.--The Board shall meet at the call of the Chairperson 
or a majority of the members of the Board.
    (j) Executive Director.--The Chairperson, in consultation with the 
Board, shall appoint an Executive Director for the Institute.
    (k) Staff.--
            (1) Appointment and compensation.--The Executive Director 
        of the Institute may appoint and determine the compensation of 
        such staff as the Board determines to be necessary to carry out 
        the duties of the Institute.
            (2) Limitations.--The rate of compensation for each staff 
        member appointed under paragraph (1) shall not exceed the daily 
        equivalent of the rate for level V of the Executive Schedule 
        under section 5316 of title 5, United States Code, for each day 
        the staff member is engaged in the performance of duties for 
        the Institute. The Executive Director of the Institute may 
        otherwise appoint and determine the compensation of staff 
        without regard to the provisions of title 5, United States 
        Code, that govern appointments in the competitive service, and 
        the provisions of chapter 51 and subchapter III of chapter 53 
        of title 5, United States Code, that relate to classification 
        and General Schedule pay rates.
    (l) Experts and Consultants.--The Executive Director of the 
Institute may obtain the services of experts and consultants and 
compensate such experts and consultants in accordance with section 
3109(b) of title 5, United States Code, as the Board determines to be 
necessary to carry out the duties of the Institute.
    (m) Detail of Federal Employees.--On the request of the Board, the 
Secretary of Labor and the Secretary of Education shall detail, without 
reimbursement, any of the personnel of the Department of Labor and the 
Department of Education to the Institute as the Board determines to be 
necessary to carry out the duties of the Institute. Any detail shall 
not interrupt or otherwise affect the civil service status or 
privileges of the Federal employee.
    (n) Technical Assistance.--On the request of the Board, the 
Secretary of Labor, the Secretary of Education, and the heads of other 
pertinent Federal agencies shall provide, without reimbursement, such 
technical assistance and administrative support services to the 
Institute as the Board determines to be necessary to carry out the 
duties of the Institute.
    (o) Obtaining Information.--The Executive Director of the Institute 
may secure directly from any Federal agency information necessary to 
enable the Institute to carry out the duties of the Institute, if the 
information may be disclosed under section 552 of title 5, United 
States Code. Subject to the previous sentence, on the request of the 
Executive Director of the Institute, the head of the agency shall 
furnish the information to the Institute.
    (p) Gifts and Private Contributions.--The Executive Director of the 
Institute may accept on behalf of the Institute gifts or contributions 
from private sources for the benefit of the Institute or to carry out 
any of the functions of the Institute. No gift or contribution shall be 
accepted if the gift or contribution is conditioned on any expenditure 
of funds by the Institute.
    (q) Voluntary Service.--Notwithstanding section 1342 of title 31, 
the Chairperson of the Board may accept for the Board voluntary 
services provided by a member of the Board.

SEC. 5. ESTABLISHMENT OF YOUTH APPRENTICESHIP DEMONSTRATION PROGRAMS.

    After consultation with the Board, the Chairperson of the Board 
shall establish guidelines, criteria, and procedures for youth 
apprenticeship demonstration programs, including--
            (1) developing recommended guidelines for an appropriate 
        curriculum for each occupational field within the programs, 
        including postsecondary courses to enable apprentices to 
        supplement training after completion of the programs;
            (2) establishing site criteria to be used in the selection 
        of partnerships to develop and evaluate youth apprenticeship 
        demonstration programs, including requirements that the 
        programs be established in rural and urban areas in all regions 
        of the country;
            (3) establishing criteria for apprenticeship occupations, 
        including requirements that demand exist for skill training in 
        the occupations and that the occupations offer a career ladder 
        for apprentices;
            (4) establishing competency criteria for apprenticeships 
        and trainers in specific occupational fields; and
            (5) establishing certification procedures for apprentices 
        and trainers.

SEC. 6. CONTRACTS.

    (a) Establishment.--Not later than 12 months after the date of 
enactment of this Act, the Executive Director of the Institute shall, 
to the extent appropriations are available, enter into contracts with 
eligible partnerships, to pay for the Federal share of developing and 
evaluating youth apprenticeship demonstration programs, in accordance 
with the requirements specified in section 7.
    (b) Contracts.--
            (1) In general.--The Board shall enter into contracts under 
        this section with eligible partnerships that propose youth 
        apprenticeship demonstration programs consistent with the 
        criteria and procedures established under section 5.
            (2) Secondary school demonstration programs.--
                    (A) In general.--The Board shall enter into 
                contracts with eligible partnerships to establish 
                demonstration programs at the secondary school level.
                    (B) Wage incentive demonstration program.--The 
                Board shall enter into a contract with an eligible 
                partnership to establish at least one demonstration 
                program in which the Institute shall pay for 50 percent 
                of the cost of the apprenticeship wage.
                    (C) Disadvantaged youth demonstration program.--The 
                Board shall enter into a contract with an eligible 
                partnership to establish at least one demonstration 
                program that shall train disadvantaged youth.
            (3) Postsecondary school demonstration programs.--The Board 
        may enter into contracts with two eligible partnerships to 
        establish demonstration programs that solely involve students 
        at the postsecondary school level.
            (4) Awards.--The Board shall enter into contracts under 
        this section on a majority vote of the Board.
    (c) Application.--To be eligible to enter into a contract under 
this section, a partnership shall submit an application to the 
Executive Director of the Institute at such time, in such manner, and 
containing such information as the Executive Director may require. At a 
minimum, the application shall include--
            (1) a description of the youth apprenticeship demonstration 
        program proposed to be conducted by the partnership, including 
        sufficient information to enable the Executive Director to 
        determine whether the proposal of the partnership is consistent 
        with the criteria and procedures specified in section 5;
            (2) an assessment of the future work force needs of each 
        area in which a youth apprenticeship demonstration program will 
        be established and the manner in which the program will help 
        provide skilled workers to meet the needs;
            (3) a description of the activities to be offered through 
        the youth apprenticeship demonstration program to students in 
        the seventh grade or older;
            (4) a description of the manner in which each school, 
        employer, or other representative of a partnership shall 
        participate in the partnership;
            (5) a description of the manner in which the program will 
        be administered by schools participating in the youth 
        apprenticeship demonstration program, including the support and 
        counseling staff available to students pursuing 
        apprenticeships, which staff at a minimum shall include one 
        full-time vocational counselor;
            (6) a description of the manner in which in-service 
        training for teachers will be provided and the manner in which 
        such training will--
                    (A) be designed to train teachers to effectively 
                implement apprenticeship training curricula;
                    (B) provide for joint training for all the teachers 
                in the partnership; and
                    (C) provide for the training in weekend, evening, 
                and summer sessions, institutes, or workshops;
            (7) a description of the manner in which training programs 
        will be provided for counselors and the manner in which such 
        training will be designed to enable counselors to more 
        effectively--
                    (A) recruit students for apprenticeship training 
                programs;
                    (B) ensure that such students successfully complete 
                high school and the apprenticeship training program; 
                and
                    (C) assist such students in finding appropriate 
                employment;
            (8) a description of courses to be offered to students 
        considering or participating in the apprenticeship program;
            (9) a description of the work processes to which 
        apprentices will be exposed;
            (10) a description of the manner in which apprentices shall 
        be selected;
            (11) a description of the academic and technical skill 
        levels to be achieved by apprentices on completion of the 
        program;
            (12) a description of the apprenticeship wage and employee 
        benefits offered;
            (13) an estimate of the amount of time to be spent by 
        apprentices at the workplace during the school day;
            (14) a plan for monitoring and evaluating apprentices and 
        the youth apprenticeship demonstration program within each 
        partnership; and
            (15) an assurance that the partnership will comply with the 
        matching requirement specified in subsection (d).
    (d) Matching Requirement.--
            (1) Federal share.--The Federal share of the costs of 
        developing and evaluating youth apprenticeship demonstration 
        programs shall be not more than 50 percent.
            (2) Non-federal share.--The non-Federal share of the costs 
        may be in cash or in kind, fairly evaluated, including plant, 
        equipment, and services. Amounts provided by the Federal 
        Government, or services assisted or subsidized to any 
        significant extent by the Federal Government, may not be 
        included in determining the amount of such non-Federal share.

SEC. 7. YOUTH APPRENTICESHIP DEMONSTRATION PROGRAM REQUIREMENTS.

    (a) Responsibilities.--Each partnership that participates in a 
youth apprenticeship demonstration program shall be responsible for--
            (1) program and curriculum development;
            (2) coordination and quality assurances; and
            (3) provision of information to the Institute for the 
        assessment and evaluation of apprentices and training programs.
    (b) Secondary School Demonstration Programs.--
            (1) In general.--The partnerships participating in 
        secondary school demonstration programs shall provide 
        apprenticeship training to students as appropriate for the 
        grade level of the students.
            (2) Seventh through tenth grade students.--The partnerships 
        shall provide students in the seventh through tenth grades with 
        an opportunity to learn about possible occupations through 
        school courses, site visits, job sampling, and employer visits 
        to schools. The partnerships shall also provide information 
        about the youth apprenticeship demonstration program to the 
        parents of students in the seventh through tenth grades.
            (3) Tenth grade students.--The partnerships shall provide 
        students in the tenth grade with an opportunity to apply and 
        interview for apprenticeships. Apprentices who successfully 
        complete the tenth grade, pass a basic skills test, and 
        successfully interview with employers may sign agreements with 
        employers at the end of the academic year.
            (4) Eleventh and twelfth grade students.--The partnerships 
        shall provide training at work sites for students in the 
        eleventh and twelfth grades, in combination with high school 
        courses. The partnerships shall structure the training and 
        educational requirements of students--
                    (A) so that students gradually increase the time 
                spent at work sites from 30 percent in eleventh grade 
                to 50 percent in the twelfth grade, depending on the 
                structure of the program; and
                    (B) in such a manner as to allow the students to 
                graduate and receive a high school diploma with other 
                members of their class.
            (5) High school graduates.--The partnerships shall 
        structure the training and educational requirements of high 
        school graduates so that students spend 75 to 80 percent of 
        program time at work sites and draw on postsecondary schools 
        for supplementary theory and skill courses. The youth 
        apprenticeship demonstration programs shall allow students in 
        technical fields to take basic skills courses and apply them 
        toward an associate degree.
    (c) Postsecondary School Demonstration Programs.--Partnerships 
participating in postsecondary school demonstration programs shall 
provide on-the-job training to students to supplement academic courses 
taught in postsecondary schools.
    (d) Payment.--
            (1) Secondary school demonstration programs.--
                    (A) In general.--Except as provided in subparagraph 
                (B), employers participating in secondary school 
                demonstration programs shall pay for 100 percent of the 
                cost of wages to apprentices.
                    (B) Subsidized wage.--Employers participating in 
                demonstration programs described in section 6(b)(2)(B) 
                shall pay for 50 percent of the cost of the 
                apprenticeship wage.
            (2) Postsecondary school demonstration programs.--
                    (A) Wages.--Employers participating in 
                postsecondary school demonstration programs shall pay 
                for 100 percent of the cost of the apprenticeship wage 
                to apprentices.
                    (B) School costs.--Individual students shall pay 
                for the cost of taking continuing basic skills courses 
                from a postsecondary school.
            (3) Amount.--Apprentices participating in the secondary and 
        postsecondary school demonstration programs shall receive, at a 
        minimum, an apprenticeship wage equal to the wage rate 
        described in section 6(a)(2) of the Fair Labor Standards 
        Amendments of 1989 (29 U.S.C. 206 note).
    (e) Training.--Employers participating in the postsecondary school 
demonstration programs shall pay for the cost of on-the-job training.
    (f) Employment.--The Institute shall encourage, but not require, 
employers participating in youth apprenticeship demonstration programs 
to place, or assist in placing, the apprentices in employment positions 
similar to the positions in which the apprentices received training.
    (g) Other Employer Contributions.--Apprentices participating in 
youth apprenticeship demonstration programs shall--
            (1) be covered by all applicable Federal and State laws 
        regarding occupational health and safety; and
            (2) receive the same employment benefits as full-time 
        employees, commensurate with the length of service of the 
        apprentices to the employer.

SEC. 8. COORDINATION.

    The Institute shall--
            (1) consult with the Office of Work-Based Learning of the 
        Department of Labor and with the Division of Vocational and 
        Technical Education of the Department of Education;
            (2) provide technical assistance to partnerships 
        participating in youth apprenticeship demonstration programs to 
        assist the partnerships with strategic planning, curriculum 
        planning, and coordination;
            (3) operate an apprenticeship clearinghouse for the 
        partnerships;
            (4) disseminate model programs and practices to the 
        partnerships;
            (5) gather input from all sources regarding the labor 
        mobility of apprentices; and
            (6) comply with evaluation and report requirements 
        specified in section 12.

SEC. 9. NONDISCRIMINATION.

    (a) In General.--Any assistance provided under this Act shall 
constitute Federal financial assistance for purposes of title VI of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the 
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the 
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), and the Age 
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).
    (b) Nondiscrimination.--
            (1) In general.--Any individual with responsibility for the 
        administration of a youth apprenticeship demonstration program 
        that receives assistance under this Act shall not discriminate 
        in the selection of participants to the demonstration program 
        on the basis of race, religion, color, national origin, sex, 
        age, disability, or political affiliation.
            (2) Exception.--This subsection shall not apply to an 
        employer or educational institution that is controlled by a 
        religious organization, if any, if the application of this 
        subsection would not be consistent with the religious tenets of 
        the organization.
    (c) Rules and Regulations.--The Chairperson of the Board shall 
promulgate rules and regulations to provide for the enforcement of this 
section, including provisions for summary suspension of assistance for 
not more than 30 days, on an emergency basis, until notice and an 
opportunity to be heard can be provided.
    (d) Right of Action.--Notwithstanding any other provision of law, 
the Attorney General of the United States may file an action under this 
section in the appropriate district court of the United States against 
any organization or partnership under this Act that violates this 
subsection.

SEC. 10. NOTICE, HEARING, AND GRIEVANCE PROCEDURES.

    (a) In General.--
            (1) Suspension of payments.--The Chairperson of the Board 
        may in accordance with the provisions of this Act, suspend or 
        terminate payments under a contract providing assistance under 
        this Act whenever the Chairperson determines there is a 
        material failure to comply with this Act or the applicable 
        terms and conditions of any contract entered into under this 
        Act.
            (2) Procedures to ensure assistance.--The Chairperson of 
        the Board shall prescribe procedures to ensure that--
                    (A) assistance provided under this Act shall only 
                be suspended for not more than 30 days for failure to 
                comply with the applicable terms and conditions of this 
                Act and only in emergency situations; and
                    (B) assistance provided under this Act shall not be 
                terminated for failure to comply with applicable terms 
                and conditions of this Act unless the recipient of such 
                assistance has been afforded reasonable notice and 
                opportunity for a full and fair hearing.
    (b) Hearings.--Hearings or other meetings that may be necessary to 
fulfill the requirements of this section shall be held at locations 
convenient to the recipient of assistance under this Act.
    (c) Transcript or Recording.--A transcript or recording shall be 
made of a hearing conducted under this section and shall be available 
for inspection by any individual.
    (d) State Legislation.--Nothing in this Act shall be construed to 
preclude the enactment of State legislation providing for the 
implementation, consistent with this Act, of the programs administered 
under this Act.
    (e) Grievance Procedure.--
            (1) In general.--State and local applicants that receive 
        assistance under this Act shall establish and maintain a 
        procedure to adjudicate grievances from participants, labor 
        organizations, and other interested individuals concerning 
        programs that receive assistance under this Act, including 
        grievances regarding proposed placements of the participants in 
        the projects.
            (2) Deadline for grievances.--Except for a grievance that 
        alleges fraud or criminal activity, a grievance shall be made 
        not later than 1 year after the date of the alleged occurrence.
            (3) Deadline for hearing and decision.--
                    (A) Hearing.--A hearing on any grievance conducted 
                under this subsection shall be conducted not later than 
                30 days after the filing of the grievance.
                    (B) Decision.--A decision on any grievance shall be 
                made not later than 60 days after the filing of the 
                grievance.
            (4) Arbitration.--
                    (A) In general.--On the occurrence of an adverse 
                grievance decision, or 60 days after the filing of the 
                grievance if no decision has been reached, the party 
                filing the grievance shall be permitted to submit the 
                grievance to binding arbitration before a qualified 
                arbitrator who is jointly selected and independent of 
                the interested parties.
                    (B) Deadline for proceeding.--An arbitration 
                proceeding shall be held not later than 45 days after 
                the request for the arbitration.
                    (C) Deadline for decision.--A decision concerning a 
                grievance under this paragraph shall be made not later 
                than 30 days after the date of the beginning of the 
                arbitration proceeding concerning such grievance.
                    (D) Cost.--The cost of an arbitration proceeding 
                shall be divided evenly between the parties to the 
                arbitration.
            (5) Proposed placement.--If a grievance is filed regarding 
        a proposed placement of a participant in a program that 
        receives assistance under this Act, the placement shall not be 
        made unless it is consistent with the resolution of the 
        grievance pursuant to this subsection.
            (6) Remedies.--Remedies for a grievance filed under this 
        subsection shall include--
                    (A) suspension of payments for assistance under 
                this Act;
                    (B) termination of payments; and
                    (C) prohibition of the placement described in 
                paragraph (5).

SEC. 11. NONDUPLICATION AND NONDISPLACEMENT.

    (a) Nonduplication.--
            (1) In general.--Assistance provided under this Act shall 
        be used only for a program that does not duplicate, and is in 
        addition to, an apprenticeship program operating in the 
        locality.
            (2) Private nonprofit entity.--Assistance made available 
        under this Act shall not be provided to a private nonprofit 
        entity to conduct activities that are the same or substantially 
        equivalent to activities provided by the State or local 
        government agency in the locality that the entity resides in, 
        unless the requirements of subsection (b) are met.
    (b) Nondisplacement.--
            (1) In general.--An employer shall not displace an employee 
        or position, including partial displacement such as reduction 
        in hours, wages, or employment benefits, as a result of the use 
        by such employer of a participant in a program receiving 
        assistance under this Act.
            (2) Service opportunity.--An employer shall not create a 
        service opportunity under this Act that will infringe in any 
        manner on the promotional opportunity of an employed 
        individual.
            (3) Limitation of services.--
                    (A) Duplication of services.--A participant in a 
                program receiving assistance under this Act shall not 
                perform any services or duties or engage in activities 
                that would otherwise be performed by an employee as 
                part of the assigned duties of the employee.
                    (B) Supplantation of hiring.--A participant in any 
                program receiving assistance under this Act shall not 
                perform any services or duties or engage in activities 
                that will supplant the hiring of full-time workers.
                    (C) Duties formerly performed by another 
                employee.--A participant in any program receiving 
                assistance under this Act shall not perform services or 
                duties that have been performed by or were assigned to 
                any--
                            (i) presently employed worker;
                            (ii) employee who recently resigned or was 
                        discharged;
                            (iii) employee who is subject to a 
                        reduction in force;
                            (iv) employee who is on leave (terminal, 
                        temporary, vacation, emergency, or sick); or
                            (v) employee who is on strike or who is 
                        involved in a lockout.

SEC. 12. EVALUATION.

    (a) Evaluation by the Institute.--
            (1) Final evaluation.--
                    (A) Evaluation.--The Institute shall conduct an 
                evaluation of all youth apprenticeship demonstration 
                programs to determine the effectiveness of 
                apprenticeship training and the most effective youth 
                apprenticeship program structures for a nationwide 
                youth apprenticeship program. The evaluation shall 
                include an analysis of--
                            (i) the ability of the programs to prepare 
                        workers, particularly minorities and women, for 
                        the technical workplace;
                            (ii) the ability of such programs to 
                        increase the overall competency of the work 
                        force in the United States;
                            (iii) the level of academic and technical 
                        skills acquired by an apprentice in the 
                        programs;
                            (iv) the potential labor mobility of 
                        apprentices;
                            (v) the effectiveness of combining on-the-
                        job training with classroom instruction;
                            (vi) the ability of the programs to 
                        encourage students to complete high school;
                            (vii) the ability of the programs to 
                        establish a more definite transition from 
                        school to work;
                            (viii) the value of apprentices and the 
                        effectiveness of the program according to 
                        business; and
                            (ix) the direct and indirect costs and 
                        benefits of the demonstration program to the 
                        company and the individual student.
                    (B) Report.--The Institute shall prepare and submit 
                a report to the President, the Secretary of Labor, the 
                Secretary of Education, the Committee on Labor and 
                Human Resources of the Senate and the Committee on 
                Education and Labor of the House of Representatives, 
                containing the evaluation described in subparagraph 
                (A), and recommendations for legislative reform. The 
                Institute shall submit the report not later than 9 
                months after the conclusion of the youth apprenticeship 
                demonstration programs.
            (2) Interim evaluation.--
                    (A) Evaluation.--Not later than 24 months after the 
                initiation of the youth apprenticeship demonstration 
                programs, the Institute shall conduct an interim 
                evaluation of the effectiveness of all the 
                demonstration programs, including an assessment of the 
                matters described in paragraph (1)(A) to the extent 
                that the necessary data and information is available.
                    (B) Report.--The Institute shall prepare and submit 
                a report to the President, the Secretary of Labor, the 
                Secretary of Education, the Committee on Labor and 
                Human Resources of the Senate and the Committee on 
                Education and Labor of the House of Representatives 
                containing the evaluation described in subparagraph 
                (A). The Institute shall submit the report not later 
                than 33 months after the initiation of the 
                demonstration programs.
    (b) Evaluation by Partnerships.--
            (1) Data collection and assistance.--Each partnership that 
        participates in a youth apprenticeship demonstration program 
        shall establish data collection mechanisms consistent with the 
        needs of the Institute and provide to the Institute information 
        for, and assistance in conducting, the final evaluation 
        described in subsection (a)(1) and the interim evaluation 
        described in subsection (a)(2).
            (2) Annual report.--
                    (A) Evaluation.--Each partnership that participates 
                in a youth apprenticeship demonstration program shall 
                conduct an annual evaluation that contains summary 
                information on the implementation and operation of the 
                demonstration program including--
                            (i) the number and type of students 
                        enrolled in apprenticeship training;
                            (ii) a description of the type of 
                        activities in which the youth apprentices are 
                        participating, including the type of 
                        occupational training youth apprentices are 
                        receiving;
                            (iii) the effectiveness of the program in 
                        keeping youth in school;
                            (iv) the reaction of businesses involved in 
                        the training program; and
                            (v) any other information that the 
                        Institute may require.
                    (B) Report.--Each such partnership shall submit an 
                annual report to the Institute containing the 
                information described in subparagraph (A).

SEC. 13. EXECUTIVE SCHEDULE.

    Section 5314 of title 5, United States Code, is amended by adding 
at the end the following:
            ``Chairman, Board of Directors of the Institute for Youth 
        Apprenticeship.''.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$50,000,000 for fiscal year 1994, which shall remain available until 
expended.

SEC. 15. TERMINATION AND REPEAL.

    (a) Termination.--Not later than 69 months after the initiation of 
the youth apprenticeship demonstration programs, the Board and 
Institute shall be abolished, and all programs established by this Act 
shall terminate.
    (b) Repeal.--Not later than 69 months after the initiation of the 
youth apprenticeship demonstration programs, this Act and the 
amendments made by this Act shall be repealed.

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