I

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.

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 ‘‘Youth Apprenticeship

5 Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—Congress finds that—

8 (1) many foreign countries, including Germany,

9 Japan, Denmark, and Sweden, have national policies

10 that—
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1 (A) are aimed at effective employment

2 preparation of youth who do not seek a college

3 education; and

4 (B) include programs that provide occupa5 tional guidance to students and combine school6 ing with work experience;

7 (2) in Germany, almost all eligible students

8 apply for vocational training, which substantially re9 duces the risk of unemployment for young people,

10 and German firms spend $18,000,000,000 annually

11 on vocational training;

12 (3) United States international competitiveness

13 is being eroded because a substantial increase is oc14 curring in jobs requiring greater skills and youth are

15 unprepared to meet the new labor market demands;

16 (4) partly as a result of inadequate skills in the

17 work force, the productivity growth of the United

18 States has slowed dramatically over the past 10

19 years, with the country taking almost 3 years to

20 achieve the same productivity improvement pre21 viously achieved in 1 year;

22 (5) while the United States still leads the world

23 in productivity, the rate of productivity improvement

24 is increasing much faster among competing nations;
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1 (6) the economic position of United States high

2 school graduates who do not seek a college education

3 is deteriorating, with real earnings of the graduates

4 declining by 28 percent from 1973 to 1986;

5 (7) about 9,000,000 of the 33,000,000 United

6 States youth age 16 to 24, or 27 percent of the

7 youth, lack the necessary skills to meet employer re8 quirements for entry level positions;

9 (8) in the United States, apprenticeship train10 ing programs are providing valuable training services

11 to—

12 (A) 300,000 apprentices enrolled in more

13 than 40,000 federally registered programs; and

14 (B) 100,000 apprentices participating in

15 nonregistered programs;

16 (9) attempts to expand apprenticeship training

17 in the United States have been unsuccessful and the

18 percentage of the civilian United States work force

19 enrolled in federally registered apprenticeship pro20 grams fell from an already low .3 percent in 1970

21 to only .16 percent in 1987;

22 (10) federally registered apprenticeship training

23 programs do not provide assistance to the average

24 high school graduate, as evidenced by the fact

25 that—
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1 (A) fewer than 2 percent of United States

2 high school graduates enter into youth appren3 ticeship training programs; and

4 (B) the median age of United States ap5 prentices is 25;

6 (11) currently, there are at most approximately

7 3,500 United States high school students participat8 ing in school-to-work apprenticeship programs; and

9 (12) school-to-work apprenticeship programs

10 can—

11 (A) allow students to become registered ap12 prentices as the students complete high school;

13 (B) produce positive outcomes for the stu14 dents, schools, and employers; and

15 (C) provide supervised work experience for

16 the students during high school, promoting de17 sirable work habits and developing knowledge

18 and skills for the working world.

19 (b) PURPOSE.—The purpose of this Act is to develop

20 and evaluate a range of youth apprenticeship programs

21 that will—

22 (1) establish partnerships between secondary

23 and postsecondary schools, employers, labor organi24 zations, and community and civic leaders to bridge
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1 the growing gap in skills, income, and opportunity

2 between college bound and noncollege bound youth;

3 (2) offer young people a better chance to gain

4 marketable skills and incentives to remain in school

5 and achieve better grades;

6 (3) establish a systematic transition for stu7 dents from school to work by combining work experi8 ence for youth with a work-related curriculum;

9 (4) identify and develop competency standards

10 for youth apprentices;

11 (5) instill a sense of pride, self-esteem, and pur12 pose in youth apprentices;

13 (6) contribute to the public policy debate on

14 youth apprenticeship programs; and

15 (7) test a range of approaches to youth appren16 ticeship programs.

17 SEC. 3. DEFINITIONS.

18 As used in this Act:

19 (1) BOARD.—The term ‘‘Board’’ means the

20 Board of Directors of the Institute.

21 (2) DISADVANTAGED YOUTH.—The term ‘‘dis22 advantaged youth’’—

23 (A) means an individual (other than an in24 dividual with a handicap) who—
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1 (i)(I) is an economically disadvan2 taged individual; or

3 (II) has academic disadvantages; and

4 (ii) requires special services and as5 sistance in order to succeed in an appren6 ticeship training program; and

7 (B) includes—

8 (i) an individual who is a member of

9 an economically disadvantaged family;

10 (ii) a migrant;

11 (iii) an individual with limited-English

12 proficiency; and

13 (iv) an individual who is identified as

14 a potential dropout from a secondary

15 school.

16 (3) ECONOMICALLY DISADVANTAGED FAMILY;

17 ECONOMICALLY DISADVANTAGED INDIVIDUAL.—The

18 terms ‘‘economically disadvantaged family’’ and

19 ‘‘economically disadvantaged individual’’ mean a

20 family and an individual, respectively, that the Insti21 tute, or a partnership participating in a youth ap22 prenticeship demonstration program, determines to

23 be low-income, according to the latest available data

24 from the Department of Commerce.
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1 (4) INSTITUTE.—The term ‘‘Institute’’ means

2 the Institute for Youth Apprenticeship, established

3 in section 4.

4 (5) PARTNERSHIP.—The term ‘‘partnership’’

5 means a coalition of secondary and postsecondary

6 schools, employers, labor organizations, and commu7 nity and civic leaders, formed for the purpose of op8 erating a youth apprenticeship demonstration pro9 gram.

10 (6) POSTSECONDARY SCHOOL.—The term

11 ‘‘postsecondary school’’ means a community college,

12 junior college, technical institute, or area vocational

13 school.

14 (7) POSTSECONDARY SCHOOL DEMONSTRATION

15 PROGRAM.—The term ‘‘postsecondary school dem16 onstration program’’ means a demonstration pro17 gram described in section 6(b)(3).

18 (8) SECONDARY SCHOOL DEMONSTRATION PRO19 GRAM.—The term ‘‘secondary school demonstration

20 program’’ means a demonstration program described

21 in section 6(b)(2).

22 (9) YOUTH APPRENTICESHIP DEMONSTRATION

23 PROGRAM.—The term ‘‘youth apprenticeship dem24 onstration program’’ means a demonstration pro-
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1 gram described in paragraph (2) or (3) of section

2 6(b).

3 SEC. 4. INSTITUTE FOR YOUTH APPRENTICESHIP.

4 (a) ESTABLISHMENT.—There is established an Insti5 tute for Youth Apprenticeship that shall administer the

6 programs established under this title. The Institute shall

7 be an independent establishment, as defined in section 104

8 of title 5, United States Code.

9 (b) COMPOSITION OF BOARD OF DIRECTORS.—The

10 Institute shall be administered by a Board of Directors.

11 The Board shall be composed of 21 members, including—

12 (1) a Chairperson, appointed by the President

13 with the advice and consent of the Senate;

14 (2) the Administrator of the Office of Work15 Based Learning of the Department of Labor;

16 (3) the Director of the Division of Vocational

17 and Technical Education of the Department of Edu18 cation; and

19 (4) 18 members, appointed by the President—

20 (A) who shall include—

21 (i) nine individuals from among indi22 viduals nominated by the Speaker of the

23 House of Representatives; and

24 (ii) nine individuals from among indi25 viduals nominated on the joint rec-
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1 ommendation of the Majority Leader of

2 the Senate and the Minority Leader of the

3 Senate; and

4 (B) of whom—

5 (i)(I) six individuals shall be rep6 resentatives of the education community;

7 (II) six individuals shall be represent8 atives of labor and worker groups; and

9 (III) six individuals shall be represent10 atives of the business community; and

11 (ii) individuals within each of the

12 groups described in subclauses (I), (II),

13 and (III) of clause (i) shall represent the

14 national, State, and local community levels.

15 (c) TERM.—Each appointed member of the Board

16 shall be appointed for a term of 5 years.

17 (d) VACANCIES.—Vacancies in the membership of the

18 Board shall be filled in the same manner as the original

19 appointment. The vacancy shall not affect the power of

20 the remaining members to execute the duties of the Board.

21 (e) FEDERAL EMPLOYMENT.—

22 (1) MEMBERS.—Members of the Board ap23 pointed under subsection (b)(4) shall not be employ24 ees or officers under section 2104 or 2105 of title

25 5, United States Code.
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1 (2) CHAIRPERSON.—The Chairperson of the

2 Board shall be an officer under section 2104 of title

3 5, United States Code.

4 (f) SUIT.—Members of the Board shall be immune

5 from suit and legal process relating to acts performed by

6 the members in their capacity, and within the scope of

7 their functions, as members of the Board.

8 (g) COMPENSATION AND REIMBURSEMENT OF EX9 PENSES.—

10 (1) UNCOMPENSATED SERVICE.—Members of

11 the Board who are not employees of the Federal

12 Government shall not be compensated for the per13 formance of duties for the Board.

14 (2) TRAVEL EXPENSES.—Each member of the

15 Board shall receive travel expenses, including per

16 diem in lieu of subsistence, as authorized by section

17 5703 of title 5, United States Code, for persons em18 ployed intermittently in the Government service, for

19 each day the member is engaged in the performance

20 of duties away from the home or regular place of

21 business of the member.

22 (h) QUORUM.—A quorum shall consist of 14 mem23 bers of the Board, except that 9 members may conduct

24 a hearing.
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1 (i) MEETINGS.—The Board shall meet at the call of

2 the Chairperson or a majority of the members of the

3 Board.

4 (j) EXECUTIVE DIRECTOR.—The Chairperson, in

5 consultation with the Board, shall appoint an Executive

6 Director for the Institute.

7 (k) STAFF.—

8 (1) APPOINTMENT AND COMPENSATION.—The

9 Executive Director of the Institute may appoint and

10 determine the compensation of such staff as the

11 Board determines to be necessary to carry out the

12 duties of the Institute.

13 (2) LIMITATIONS.—The rate of compensation

14 for each staff member appointed under paragraph

15 (1) shall not exceed the daily equivalent of the rate

16 for level V of the Executive Schedule under section

17 5316 of title 5, United States Code, for each day the

18 staff member is engaged in the performance of du19 ties for the Institute. The Executive Director of the

20 Institute may otherwise appoint and determine the

21 compensation of staff without regard to the provi22 sions of title 5, United States Code, that govern ap23 pointments in the competitive service, and the provi24 sions of chapter 51 and subchapter III of chapter 53
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1 of title 5, United States Code, that relate to classi2 fication and General Schedule pay rates.

3 (l) EXPERTS AND CONSULTANTS.—The Executive

4 Director of the Institute may obtain the services of experts

5 and consultants and compensate such experts and consult6 ants in accordance with section 3109(b) of title 5, United

7 States Code, as the Board determines to be necessary to

8 carry out the duties of the Institute.

9 (m) DETAIL OF FEDERAL EMPLOYEES.—On the re10 quest of the Board, the Secretary of Labor and the Sec11 retary of Education shall detail, without reimbursement,

12 any of the personnel of the Department of Labor and the

13 Department of Education to the Institute as the Board

14 determines to be necessary to carry out the duties of the

15 Institute. Any detail shall not interrupt or otherwise affect

16 the civil service status or privileges of the Federal em17 ployee.

18 (n) TECHNICAL ASSISTANCE.—On the request of the

19 Board, the Secretary of Labor, the Secretary of Edu20 cation, and the heads of other pertinent Federal agencies

21 shall provide, without reimbursement, such technical as22 sistance and administrative support services to the Insti23 tute as the Board determines to be necessary to carry out

24 the duties of the Institute.
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1 (o) OBTAINING INFORMATION.—The Executive Di2 rector of the Institute may secure directly from any Fed3 eral agency information necessary to enable the Institute

4 to carry out the duties of the Institute, if the information

5 may be disclosed under section 552 of title 5, United

6 States Code. Subject to the previous sentence, on the re7 quest of the Executive Director of the Institute, the head

8 of the agency shall furnish the information to the Insti9 tute.

10 (p) GIFTS AND PRIVATE CONTRIBUTIONS.—The Ex11 ecutive Director of the Institute may accept on behalf of

12 the Institute gifts or contributions from private sources

13 for the benefit of the Institute or to carry out any of the

14 functions of the Institute. No gift or contribution shall be

15 accepted if the gift or contribution is conditioned on any

16 expenditure of funds by the Institute.

17 (q) VOLUNTARY SERVICE.—Notwithstanding section

18 1342 of title 31, the Chairperson of the Board may accept

19 for the Board voluntary services provided by a member

20 of the Board.

21 SEC. 5. ESTABLISHMENT OF YOUTH APPRENTICESHIP DEM22 ONSTRATION PROGRAMS.

23 After consultation with the Board, the Chairperson

24 of the Board shall establish guidelines, criteria, and proce-
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1 dures for youth apprenticeship demonstration programs,

2 including—

3 (1) developing recommended guidelines for an

4 appropriate curriculum for each occupational field

5 within the programs, including postsecondary

6 courses to enable apprentices to supplement training

7 after completion of the programs;

8 (2) establishing site criteria to be used in the

9 selection of partnerships to develop and evaluate

10 youth apprenticeship demonstration programs, in11 cluding requirements that the programs be estab12 lished in rural and urban areas in all regions of the

13 country;

14 (3) establishing criteria for apprenticeship occu15 pations, including requirements that demand exist

16 for skill training in the occupations and that the oc17 cupations offer a career ladder for apprentices;

18 (4) establishing competency criteria for appren19 ticeships and trainers in specific occupational fields;

20 and

21 (5) establishing certification procedures for ap22 prentices and trainers.

23 SEC. 6. CONTRACTS.

24 (a) ESTABLISHMENT.—Not later than 12 months

25 after the date of enactment of this Act, the Executive Di-
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1 rector of the Institute shall, to the extent appropriations

2 are available, enter into contracts with eligible partner3 ships, to pay for the Federal share of developing and eval4 uating youth apprenticeship demonstration programs, in

5 accordance with the requirements specified in section 7.

6 (b) CONTRACTS.—

7 (1) IN GENERAL.—The Board shall enter into

8 contracts under this section with eligible partner9 ships that propose youth apprenticeship demonstra10 tion programs consistent with the criteria and proce11 dures established under section 5.

12 (2) SECONDARY SCHOOL DEMONSTRATION PRO13 GRAMS.—

14 (A) IN GENERAL.—The Board shall enter

15 into contracts with eligible partnerships to es16 tablish demonstration programs at the second17 ary school level.

18 (B) WAGE INCENTIVE DEMONSTRATION

19 PROGRAM.—The Board shall enter into a con20 tract with an eligible partnership to establish at

21 least one demonstration program in which the

22 Institute shall pay for 50 percent of the cost of

23 the apprenticeship wage.

24 (C) DISADVANTAGED YOUTH DEMONSTRA25 TION PROGRAM.—The Board shall enter into a
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1 contract with an eligible partnership to estab2 lish at least one demonstration program that

3 shall train disadvantaged youth.

4 (3) POSTSECONDARY SCHOOL DEMONSTRATION

5 PROGRAMS.—The Board may enter into contracts

6 with two eligible partnerships to establish dem7 onstration programs that solely involve students at

8 the postsecondary school level.

9 (4) AWARDS.—The Board shall enter into con10 tracts under this section on a majority vote of the

11 Board.

12 (c) APPLICATION.—To be eligible to enter into a con13 tract under this section, a partnership shall submit an ap14 plication to the Executive Director of the Institute at such

15 time, in such manner, and containing such information as

16 the Executive Director may require. At a minimum, the

17 application shall include—

18 (1) a description of the youth apprenticeship

19 demonstration program proposed to be conducted by

20 the partnership, including sufficient information to

21 enable the Executive Director to determine whether

22 the proposal of the partnership is consistent with the

23 criteria and procedures specified in section 5;

24 (2) an assessment of the future work force

25 needs of each area in which a youth apprenticeship
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1 demonstration program will be established and the

2 manner in which the program will help provide

3 skilled workers to meet the needs;

4 (3) a description of the activities to be offered

5 through the youth apprenticeship demonstration pro6 gram to students in the seventh grade or older;

7 (4) a description of the manner in which each

8 school, employer, or other representative of a part9 nership shall participate in the partnership;

10 (5) a description of the manner in which the

11 program will be administered by schools participat12 ing in the youth apprenticeship demonstration pro13 gram, including the support and counseling staff

14 available to students pursuing apprenticeships,

15 which staff at a minimum shall include one full-time

16 vocational counselor;

17 (6) a description of the manner in which in18 service training for teachers will be provided and the

19 manner in which such training will—

20 (A) be designed to train teachers to effec21 tively implement apprenticeship training curric22 ula;

23 (B) provide for joint training for all the

24 teachers in the partnership; and
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1 (C) provide for the training in weekend,

2 evening, and summer sessions, institutes, or

3 workshops;

4 (7) a description of the manner in which train5 ing programs will be provided for counselors and the

6 manner in which such training will be designed to

7 enable counselors to more effectively—

8 (A) recruit students for apprenticeship

9 training programs;

10 (B) ensure that such students successfully

11 complete high school and the apprenticeship

12 training program; and

13 (C) assist such students in finding appro14 priate employment;

15 (8) a description of courses to be offered to stu16 dents considering or participating in the apprentice17 ship program;

18 (9) a description of the work processes to which

19 apprentices will be exposed;

20 (10) a description of the manner in which ap21 prentices shall be selected;

22 (11) a description of the academic and technical

23 skill levels to be achieved by apprentices on comple24 tion of the program;
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1 (12) a description of the apprenticeship wage

2 and employee benefits offered;

3 (13) an estimate of the amount of time to be

4 spent by apprentices at the workplace during the

5 school day;

6 (14) a plan for monitoring and evaluating ap7 prentices and the youth apprenticeship demonstra8 tion program within each partnership; and

9 (15) an assurance that the partnership will

10 comply with the matching requirement specified in

11 subsection (d).

12 (d) MATCHING REQUIREMENT.—

13 (1) FEDERAL SHARE.—The Federal share of

14 the costs of developing and evaluating youth appren15 ticeship demonstration programs shall be not more

16 than 50 percent.

17 (2) NON-FEDERAL SHARE.—The non-Federal

18 share of the costs may be in cash or in kind, fairly

19 evaluated, including plant, equipment, and services.

20 Amounts provided by the Federal Government, or

21 services assisted or subsidized to any significant ex22 tent by the Federal Government, may not be in23 cluded in determining the amount of such non-Fed24 eral share.
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1 SEC. 7. YOUTH APPRENTICESHIP DEMONSTRATION PRO2 GRAM REQUIREMENTS.

3 (a) RESPONSIBILITIES.—Each partnership that par4 ticipates in a youth apprenticeship demonstration program

5 shall be responsible for—

6 (1) program and curriculum development;

7 (2) coordination and quality assurances; and

8 (3) provision of information to the Institute for

9 the assessment and evaluation of apprentices and

10 training programs.

11 (b) SECONDARY SCHOOL DEMONSTRATION PRO12 GRAMS.—

13 (1) IN GENERAL.—The partnerships participat14 ing in secondary school demonstration programs

15 shall provide apprenticeship training to students as

16 appropriate for the grade level of the students.

17 (2) SEVENTH THROUGH TENTH GRADE STU18 DENTS.—The partnerships shall provide students in

19 the seventh through tenth grades with an oppor20 tunity to learn about possible occupations through

21 school courses, site visits, job sampling, and em22 ployer visits to schools. The partnerships shall also

23 provide information about the youth apprenticeship

24 demonstration program to the parents of students in

25 the seventh through tenth grades.
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1 (3) TENTH GRADE STUDENTS.—The partner2 ships shall provide students in the tenth grade with

3 an opportunity to apply and interview for appren4 ticeships. Apprentices who successfully complete the

5 tenth grade, pass a basic skills test, and successfully

6 interview with employers may sign agreements with

7 employers at the end of the academic year.

8 (4) ELEVENTH AND TWELFTH GRADE STU9 DENTS.—The partnerships shall provide training at

10 work sites for students in the eleventh and twelfth

11 grades, in combination with high school courses. The

12 partnerships shall structure the training and edu13 cational requirements of students—

14 (A) so that students gradually increase the

15 time spent at work sites from 30 percent in

16 eleventh grade to 50 percent in the twelfth

17 grade, depending on the structure of the pro18 gram; and

19 (B) in such a manner as to allow the stu20 dents to graduate and receive a high school di21 ploma with other members of their class.

22 (5) HIGH SCHOOL GRADUATES.—The partner23 ships shall structure the training and educational re24 quirements of high school graduates so that students

25 spend 75 to 80 percent of program time at work
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1 sites and draw on postsecondary schools for supple2 mentary theory and skill courses. The youth appren3 ticeship demonstration programs shall allow students

4 in technical fields to take basic skills courses and

5 apply them toward an associate degree.

6 (c) POSTSECONDARY SCHOOL DEMONSTRATION PRO7 GRAMS.—Partnerships participating in postsecondary

8 school demonstration programs shall provide on-the-job

9 training to students to supplement academic courses

10 taught in postsecondary schools.

11 (d) PAYMENT.—

12 (1) SECONDARY SCHOOL DEMONSTRATION PRO13 GRAMS.—

14 (A) IN GENERAL.—Except as provided in

15 subparagraph (B), employers participating in

16 secondary school demonstration programs shall

17 pay for 100 percent of the cost of wages to ap18 prentices.

19 (B) SUBSIDIZED WAGE.—Employers par20 ticipating in demonstration programs described

21 in section 6(b)(2)(B) shall pay for 50 percent

22 of the cost of the apprenticeship wage.

23 (2) POSTSECONDARY SCHOOL DEMONSTRATION

24 PROGRAMS.—
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1 (A) WAGES.—Employers participating in

2 postsecondary school demonstration programs

3 shall pay for 100 percent of the cost of the ap4 prenticeship wage to apprentices.

5 (B) SCHOOL COSTS.—Individual students

6 shall pay for the cost of taking continuing basic

7 skills courses from a postsecondary school.

8 (3) AMOUNT.—Apprentices participating in the

9 secondary and postsecondary school demonstration

10 programs shall receive, at a minimum, an appren11 ticeship wage equal to the wage rate described in

12 section 6(a)(2) of the Fair Labor Standards Amend13 ments of 1989 (29 U.S.C. 206 note).

14 (e) TRAINING.—Employers participating in the post15 secondary school demonstration programs shall pay for

16 the cost of on-the-job training.

17 (f) EMPLOYMENT.—The Institute shall encourage,

18 but not require, employers participating in youth appren19 ticeship demonstration programs to place, or assist in

20 placing, the apprentices in employment positions similar

21 to the positions in which the apprentices received training.

22 (g) OTHER EMPLOYER CONTRIBUTIONS.—Appren23 tices participating in youth apprenticeship demonstration

24 programs shall—
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1 (1) be covered by all applicable Federal and

2 State laws regarding occupational health and safety;

3 and

4 (2) receive the same employment benefits as

5 full-time employees, commensurate with the length

6 of service of the apprentices to the employer.

7 SEC. 8. COORDINATION.

8 The Institute shall—

9 (1) consult with the Office of Work-Based

10 Learning of the Department of Labor and with the

11 Division of Vocational and Technical Education of

12 the Department of Education;

13 (2) provide technical assistance to partnerships

14 participating in youth apprenticeship demonstration

15 programs to assist the partnerships with strategic

16 planning, curriculum planning, and coordination;

17 (3) operate an apprenticeship clearinghouse for

18 the partnerships;

19 (4) disseminate model programs and practices

20 to the partnerships;

21 (5) gather input from all sources regarding the

22 labor mobility of apprentices; and

23 (6) comply with evaluation and report require24 ments specified in section 12.
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1 SEC. 9. NONDISCRIMINATION.

2 (a) IN GENERAL.—Any assistance provided under

3 this Act shall constitute Federal financial assistance for

4 purposes of title VI of the Civil Rights Act of 1964 (42

5 U.S.C. 2000d et seq.), title IX of the Education Amend6 ments of 1972 (20 U.S.C. 1681 et seq.), the Rehabilita7 tion Act of 1973 (29 U.S.C. 701 et seq.), and the Age

8 Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).

9 (b) NONDISCRIMINATION.—

10 (1) IN GENERAL.—Any individual with respon11 sibility for the administration of a youth apprentice12 ship demonstration program that receives assistance

13 under this Act shall not discriminate in the selection

14 of participants to the demonstration program on the

15 basis of race, religion, color, national origin, sex,

16 age, disability, or political affiliation.

17 (2) EXCEPTION.—This subsection shall not

18 apply to an employer or educational institution that

19 is controlled by a religious organization, if any, if

20 the application of this subsection would not be con21 sistent with the religious tenets of the organization.

22 (c) RULES AND REGULATIONS.—The Chairperson of

23 the Board shall promulgate rules and regulations to pro24 vide for the enforcement of this section, including provi25 sions for summary suspension of assistance for not more
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1 than 30 days, on an emergency basis, until notice and an

2 opportunity to be heard can be provided.

3 (d) RIGHT OF ACTION.—Notwithstanding any other

4 provision of law, the Attorney General of the United

5 States may file an action under this section in the appro6 priate district court of the United States against any orga7 nization or partnership under this Act that violates this

8 subsection.

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

10 (a) IN GENERAL.—

11 (1) SUSPENSION OF PAYMENTS.—The Chair12 person of the Board may in accordance with the pro13 visions of this Act, suspend or terminate payments

14 under a contract providing assistance under this Act

15 whenever the Chairperson determines there is a ma16 terial failure to comply with this Act or the applica17 ble terms and conditions of any contract entered

18 into under this Act.

19 (2) PROCEDURES TO ENSURE ASSISTANCE.—

20 The Chairperson of the Board shall prescribe proce21 dures to ensure that—

22 (A) assistance provided under this Act

23 shall only be suspended for not more than 30

24 days for failure to comply with the applicable
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1 terms and conditions of this Act and only in

2 emergency situations; and

3 (B) assistance provided under this Act

4 shall not be terminated for failure to comply

5 with applicable terms and conditions of this Act

6 unless the recipient of such assistance has been

7 afforded reasonable notice and opportunity for

8 a full and fair hearing.

9 (b) HEARINGS.—Hearings or other meetings that

10 may be necessary to fulfill the requirements of this section

11 shall be held at locations convenient to the recipient of

12 assistance under this Act.

13 (c) TRANSCRIPT OR RECORDING.—A transcript or re14 cording shall be made of a hearing conducted under this

15 section and shall be available for inspection by any individ16 ual.

17 (d) STATE LEGISLATION.—Nothing in this Act shall

18 be construed to preclude the enactment of State legislation

19 providing for the implementation, consistent with this Act,

20 of the programs administered under this Act.

21 (e) GRIEVANCE PROCEDURE.—

22 (1) IN GENERAL.—State and local applicants

23 that receive assistance under this Act shall establish

24 and maintain a procedure to adjudicate grievances

25 from participants, labor organizations, and other in-
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1 terested individuals concerning programs that re2 ceive assistance under this Act, including grievances

3 regarding proposed placements of the participants in

4 the projects.

5 (2) DEADLINE FOR GRIEVANCES.—Except for a

6 grievance that alleges fraud or criminal activity, a

7 grievance shall be made not later than 1 year after

8 the date of the alleged occurrence.

9 (3) DEADLINE FOR HEARING AND DECISION.—

10 (A) HEARING.—A hearing on any griev11 ance conducted under this subsection shall be

12 conducted not later than 30 days after the fil13 ing of the grievance.

14 (B) DECISION.—A decision on any griev15 ance shall be made not later than 60 days after

16 the filing of the grievance.

17 (4) ARBITRATION.—

18 (A) IN GENERAL.—On the occurrence of

19 an adverse grievance decision, or 60 days after

20 the filing of the grievance if no decision has

21 been reached, the party filing the grievance

22 shall be permitted to submit the grievance to

23 binding arbitration before a qualified arbitrator

24 who is jointly selected and independent of the

25 interested parties.
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1 (B) DEADLINE FOR PROCEEDING.—An ar2 bitration proceeding shall be held not later than

3 45 days after the request for the arbitration.

4 (C) DEADLINE FOR DECISION.—A decision

5 concerning a grievance under this paragraph

6 shall be made not later than 30 days after the

7 date of the beginning of the arbitration pro8 ceeding concerning such grievance.

9 (D) COST.—The cost of an arbitration pro10 ceeding shall be divided evenly between the par11 ties to the arbitration.

12 (5) PROPOSED PLACEMENT.—If a grievance is

13 filed regarding a proposed placement of a partici14 pant in a program that receives assistance under

15 this Act, the placement shall not be made unless it

16 is consistent with the resolution of the grievance

17 pursuant to this subsection.

18 (6) REMEDIES.—Remedies for a grievance filed

19 under this subsection shall include—

20 (A) suspension of payments for assistance

21 under this Act;

22 (B) termination of payments; and

23 (C) prohibition of the placement described

24 in paragraph (5).
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1 SEC. 11. NONDUPLICATION AND NONDISPLACEMENT.

2 (a) NONDUPLICATION.—

3 (1) IN GENERAL.—Assistance provided under

4 this Act shall be used only for a program that does

5 not duplicate, and is in addition to, an apprentice6 ship program operating in the locality.

7 (2) PRIVATE NONPROFIT ENTITY.—Assistance

8 made available under this Act shall not be provided

9 to a private nonprofit entity to conduct activities

10 that are the same or substantially equivalent to ac11 tivities provided by the State or local government

12 agency in the locality that the entity resides in, un13 less the requirements of subsection (b) are met.

14 (b) NONDISPLACEMENT.—

15 (1) IN GENERAL.—An employer shall not dis16 place an employee or position, including partial dis17 placement such as reduction in hours, wages, or em18 ployment benefits, as a result of the use by such em19 ployer of a participant in a program receiving assist20 ance under this Act.

21 (2) SERVICE OPPORTUNITY.—An employer shall

22 not create a service opportunity under this Act that

23 will infringe in any manner on the promotional op24 portunity of an employed individual.

25 (3) LIMITATION OF SERVICES.—
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1 (A) DUPLICATION OF SERVICES.—A par2 ticipant in a program receiving assistance under

3 this Act shall not perform any services or duties

4 or engage in activities that would otherwise be

5 performed by an employee as part of the as6 signed duties of the employee.

7 (B) SUPPLANTATION OF HIRING.—A par8 ticipant in any program receiving assistance

9 under this Act shall not perform any services or

10 duties or engage in activities that will supplant

11 the hiring of full-time workers.

12 (C) DUTIES FORMERLY PERFORMED BY

13 ANOTHER EMPLOYEE.—A participant in any

14 program receiving assistance under this Act

15 shall not perform services or duties that have

16 been performed by or were assigned to any—

17 (i) presently employed worker;

18 (ii) employee who recently resigned or

19 was discharged;

20 (iii) employee who is subject to a re21 duction in force;

22 (iv) employee who is on leave (termi23 nal, temporary, vacation, emergency, or

24 sick); or
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1 (v) employee who is on strike or who

2 is involved in a lockout.

3 SEC. 12. EVALUATION.

4 (a) EVALUATION BY THE INSTITUTE.—

5 (1) FINAL EVALUATION.—

6 (A) EVALUATION.—The Institute shall

7 conduct an evaluation of all youth apprentice8 ship demonstration programs to determine the

9 effectiveness of apprenticeship training and the

10 most effective youth apprenticeship program

11 structures for a nationwide youth apprentice12 ship program. The evaluation shall include an

13 analysis of—

14 (i) the ability of the programs to pre15 pare workers, particularly minorities and

16 women, for the technical workplace;

17 (ii) the ability of such programs to in18 crease the overall competency of the work

19 force in the United States;

20 (iii) the level of academic and tech21 nical skills acquired by an apprentice in

22 the programs;

23 (iv) the potential labor mobility of ap24 prentices;
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1 (v) the effectiveness of combining on2 the-job training with classroom instruction;

3 (vi) the ability of the programs to en4 courage students to complete high school;

5 (vii) the ability of the programs to es6 tablish a more definite transition from

7 school to work;

8 (viii) the value of apprentices and the

9 effectiveness of the program according to

10 business; and

11 (ix) the direct and indirect costs and

12 benefits of the demonstration program to

13 the company and the individual student.

14 (B) REPORT.—The Institute shall prepare

15 and submit a report to the President, the Sec16 retary of Labor, the Secretary of Education,

17 the Committee on Labor and Human Resources

18 of the Senate and the Committee on Education

19 and Labor of the House of Representatives,

20 containing the evaluation described in subpara21 graph (A), and recommendations for legislative

22 reform. The Institute shall submit the report

23 not later than 9 months after the conclusion of

24 the youth apprenticeship demonstration pro25 grams.
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1 (2) INTERIM EVALUATION.—

2 (A) EVALUATION.—Not later than 24

3 months after the initiation of the youth appren4 ticeship demonstration programs, the Institute

5 shall conduct an interim evaluation of the effec6 tiveness of all the demonstration programs, in7 cluding an assessment of the matters described

8 in paragraph (1)(A) to the extent that the nec9 essary data and information is available.

10 (B) REPORT.—The Institute shall prepare

11 and submit a report to the President, the Sec12 retary of Labor, the Secretary of Education,

13 the Committee on Labor and Human Resources

14 of the Senate and the Committee on Education

15 and Labor of the House of Representatives con16 taining the evaluation described in subpara17 graph (A). The Institute shall submit the report

18 not later than 33 months after the initiation of

19 the demonstration programs.

20 (b) EVALUATION BY PARTNERSHIPS.—

21 (1) DATA COLLECTION AND ASSISTANCE.—

22 Each partnership that participates in a youth ap23 prenticeship demonstration program shall establish

24 data collection mechanisms consistent with the needs

25 of the Institute and provide to the Institute informa-
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1 tion for, and assistance in conducting, the final eval2 uation described in subsection (a)(1) and the interim

3 evaluation described in subsection (a)(2).

4 (2) ANNUAL REPORT.—

5 (A) EVALUATION.—Each partnership that

6 participates in a youth apprenticeship dem7 onstration program shall conduct an annual

8 evaluation that contains summary information

9 on the implementation and operation of the

10 demonstration program including—

11 (i) the number and type of students

12 enrolled in apprenticeship training;

13 (ii) a description of the type of activi14 ties in which the youth apprentices are

15 participating, including the type of occupa16 tional training youth apprentices are re17 ceiving;

18 (iii) the effectiveness of the program

19 in keeping youth in school;

20 (iv) the reaction of businesses involved

21 in the training program; and

22 (v) any other information that the In23 stitute may require.

24 (B) REPORT.—Each such partnership shall

25 submit an annual report to the Institute con-
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1 taining the information described in subpara2 graph (A).

3 SEC. 13. EXECUTIVE SCHEDULE.

4 Section 5314 of title 5, United States Code, is

5 amended by adding at the end the following:

6 ‘‘Chairman, Board of Directors of the Institute

7 for Youth Apprenticeship.’’.

8 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

9 There are authorized to be appropriated to carry out

10 this Act $50,000,000 for fiscal year 1994, which shall re11 main available until expended.

12 SEC. 15. TERMINATION AND REPEAL.

13 (a) TERMINATION.—Not later than 69 months after

14 the initiation of the youth apprenticeship demonstration

15 programs, the Board and Institute shall be abolished, and

16 all programs established by this Act shall terminate.

17 (b) REPEAL.—Not later than 69 months after the ini18 tiation of the youth apprenticeship demonstration pro19 grams, this Act and the amendments made by this Act

20 shall be repealed.

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