II

103D CONGRESS

1ST SESSION S. 1396

To establish youth apprenticeship demonstration programs, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 6 (legislative day, JUNE 30), 1993

Mr. NUNN (for himself, Mr. BREAUX, Mr. WARNER, Mr. PRYOR, Mr. HEFLIN,

Mr. GRAHAM, and Mr. LIEBERMAN) introduced the following bill; which

was read twice and referred to the Committee on Labor and Human

Resources

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—
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1 (1) many foreign countries, including Germany,

2 Japan, Denmark, and Sweden, have national policies

3 that—

4 (A) are aimed at effective employment

5 preparation of youth who do not seek a college

6 education; and

7 (B) include programs that provide occupa8 tional guidance to students and combine school9 ing with work experience;

10 (2) in Germany, almost all eligible students

11 apply for vocational training, which substantially re12 duces the risk of unemployment for young people,

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

14 on vocational training;

15 (3) United States international competitiveness

16 is being eroded because a substantial increase is oc17 curring in jobs requiring greater skills and youth are

18 unprepared to meet the new labor market demands;

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

20 work force, the productivity growth of the United

21 States has slowed dramatically over the past 10

22 years, with the country taking almost 3 years to

23 achieve the same productivity improvement pre24 viously achieved in 1 year;
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1 (5) while the United States still leads the world

2 in productivity, the rate of productivity improvement

3 is increasing much faster among competing nations;

4 (6) the economic position of United States high

5 school graduates who do not seek a college education

6 is deteriorating, with real earnings of the graduates

7 declining by 28 percent from 1973 to 1986;

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

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

10 youth, lack the necessary skills to meet employer re11 quirements for entry level positions;

12 (8) in the United States, apprenticeship train13 ing programs are providing valuable training services

14 to—

15 (A) 300,000 apprentices enrolled in more

16 than 40,000 federally registered programs; and

17 (B) 100,000 apprentices participating in

18 nonregistered programs;

19 (9) attempts to expand apprenticeship training

20 in the United States have been unsuccessful and the

21 percentage of the civilian United States work force

22 enrolled in federally registered apprenticeship pro23 grams fell from an already low .3 percent in 1970

24 to only .16 percent in 1987;
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1 (10) federally registered apprenticeship training

2 programs do not provide assistance to the average

3 high school graduate, as evidenced by the fact

4 that—

5 (A) fewer than 2 percent of United States

6 high school graduates enter into youth appren7 ticeship training programs; and

8 (B) the median age of United States ap9 prentices is 25;

10 (11) currently, there are at most approximately

11 3,500 United States high school students participat12 ing in school-to-work apprenticeship programs; and

13 (12) school-to-work apprenticeship programs

14 can—

15 (A) allow students to become registered ap16 prentices as the students complete high school;

17 (B) produce positive outcomes for the stu18 dents, schools, and employers; and

19 (C) provide supervised work experience for

20 the students during high school, promoting de21 sirable work habits and developing knowledge

22 and skills for the working world.

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

24 and evaluate a range of youth apprenticeship programs

25 that will—
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1 (1) establish partnerships between secondary

2 and postsecondary schools, employers, labor organi3 zations, and community and civic leaders to bridge

4 the growing gap in skills, income, and opportunity

5 between college bound and noncollege bound youth;

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

7 marketable skills and incentives to remain in school

8 and achieve better grades;

9 (3) establish a systematic transition for stu10 dents from school to work by combining work experi11 ence for youth with a work-related curriculum;

12 (4) identify and develop competency standards

13 for youth apprentices;

14 (5) instill a sense of pride, self-esteem, and pur15 pose in youth apprentices;

16 (6) contribute to the public policy debate on

17 youth apprenticeship programs; and

18 (7) test a range of approaches to youth appren19 ticeship programs.

20 SEC. 3. DEFINITIONS.

21 As used in this Act:

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

23 Board of Directors of the Institute.

24 (2) DISADVANTAGED YOUTH.—The term ‘‘dis25 advantaged youth’’—
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1 (A) means an individual (other than an in2 dividual with a handicap) who—

3 (i)(I) is an economically disadvan4 taged individual; or

5 (II) has academic disadvantages; and

6 (ii) requires special services and as7 sistance in order to succeed in an appren8 ticeship training program; and

9 (B) includes—

10 (i) an individual who is a member of

11 an economically disadvantaged family;

12 (ii) a migrant;

13 (iii) an individual with limited-English

14 proficiency; and

15 (iv) an individual who is identified as

16 a potential dropout from a secondary

17 school.

18 (3) ECONOMICALLY DISADVANTAGED FAMILY;

19 ECONOMICALLY DISADVANTAGED INDIVIDUAL.—The

20 terms ‘‘economically disadvantaged family’’ and

21 ‘‘economically disadvantaged individual’’ mean a

22 family and an individual, respectively, that the Insti23 tute, or a partnership participating in a youth ap24 prenticeship demonstration program, determines to
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1 be low-income, according to the latest available data

2 from the Department of Commerce.

3 (4) INSTITUTE.—The term ‘‘Institute’’ means

4 the Institute for Youth Apprenticeship, established

5 in section 4.

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

7 means a coalition of secondary and postsecondary

8 schools, employers, labor organizations, and commu9 nity and civic leaders, formed for the purpose of op10 erating a youth apprenticeship demonstration pro11 gram.

12 (6) POSTSECONDARY SCHOOL.—The term

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

14 junior college, technical institute, or area vocational

15 school.

16 (7) POSTSECONDARY SCHOOL DEMONSTRATION

17 PROGRAM.—The term ‘‘postsecondary school dem18 onstration program’’ means a demonstration pro19 gram described in section 6(b)(3).

20 (8) SECONDARY SCHOOL DEMONSTRATION PRO21 GRAM.—The term ‘‘secondary school demonstration

22 program’’ means a demonstration program described

23 in section 6(b)(2).

24 (9) YOUTH APPRENTICESHIP DEMONSTRATION

25 PROGRAM.—The term ‘‘youth apprenticeship dem-
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1 onstration program’’ means a demonstration pro2 gram described in paragraph (2) or (3) of section

3 6(b).

4 SEC. 4. INSTITUTE FOR YOUTH APPRENTICESHIP.

5 (a) ESTABLISHMENT.—There is established an Insti6 tute for Youth Apprenticeship that shall administer the

7 programs established under this title. The Institute shall

8 be an independent establishment, as defined in section 104

9 of title 5, United States Code.

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

11 Institute shall be administered by a Board of Directors.

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

13 (1) a Chairperson, appointed by the President

14 with the advice and consent of the Senate;

15 (2) the Administrator of the Office of Work16 Based Learning of the Department of Labor;

17 (3) the Director of the Division of Vocational

18 and Technical Education of the Department of Edu19 cation; and

20 (4) 18 members, appointed by the President—

21 (A) who shall include—

22 (i) nine individuals from among indi23 viduals nominated by the Speaker of the

24 House of Representatives; and
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1 (ii) nine individuals from among indi2 viduals nominated on the joint rec3 ommendation of the Majority Leader of

4 the Senate and the Minority Leader of the

5 Senate; and

6 (B) of whom—

7 (i)(I) six individuals shall be rep8 resentatives of the education community;

9 (II) six individuals shall be represent10 atives of labor and worker groups; and

11 (III) six individuals shall be represent12 atives of the business community; and

13 (ii) individuals within each of the

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

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

16 national, State, and local community levels.

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

18 shall be appointed for a term of 5 years.

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

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

21 appointment. The vacancy shall not affect the power of

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

23 (e) FEDERAL EMPLOYMENT.—

24 (1) MEMBERS.—Members of the Board ap25 pointed under subsection (b)(4) shall not be employ-
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1 ees or officers under section 2104 or 2105 of title

2 5, United States Code.

3 (2) CHAIRPERSON.—The Chairperson of the

4 Board shall be an officer under section 2104 of title

5 5, United States Code.

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

7 from suit and legal process relating to acts performed by

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

9 their functions, as members of the Board.

10 (g) COMPENSATION AND REIMBURSEMENT OF EX11 PENSES.—

12 (1) UNCOMPENSATED SERVICE.—Members of

13 the Board who are not employees of the Federal

14 Government shall not be compensated for the per15 formance of duties for the Board.

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

17 Board shall receive travel expenses, including per

18 diem in lieu of subsistence, as authorized by section

19 5703 of title 5, United States Code, for persons em20 ployed intermittently in the Government service, for

21 each day the member is engaged in the performance

22 of duties away from the home or regular place of

23 business of the member.
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1 (h) QUORUM.—A quorum shall consist of 14 mem2 bers of the Board, except that 9 members may conduct

3 a hearing.

4 (i) MEETINGS.—The Board shall meet at the call of

5 the Chairperson or a majority of the members of the

6 Board.

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

8 consultation with the Board, shall appoint an Executive

9 Director for the Institute.

10 (k) STAFF.—

11 (1) APPOINTMENT AND COMPENSATION.—The

12 Executive Director of the Institute may appoint and

13 determine the compensation of such staff as the

14 Board determines to be necessary to carry out the

15 duties of the Institute.

16 (2) LIMITATIONS.—The rate of compensation

17 for each staff member appointed under paragraph

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

19 for level V of the Executive Schedule under section

20 5316 of title 5, United States Code, for each day the

21 staff member is engaged in the performance of du22 ties for the Institute. The Executive Director of the

23 Institute may otherwise appoint and determine the

24 compensation of staff without regard to the provi25 sions of title 5, United States Code, that govern ap-
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1 pointments in the competitive service, and the provi2 sions of chapter 51 and subchapter III of chapter 53

3 of title 5, United States Code, that relate to classi4 fication and General Schedule pay rates.

5 (l) EXPERTS AND CONSULTANTS.—The Executive

6 Director of the Institute may obtain the services of experts

7 and consultants and compensate such experts and consult8 ants in accordance with section 3109(b) of title 5, United

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

10 carry out the duties of the Institute.

11 (m) DETAIL OF FEDERAL EMPLOYEES.—On the re12 quest of the Board, the Secretary of Labor and the Sec13 retary of Education shall detail, without reimbursement,

14 any of the personnel of the Department of Labor and the

15 Department of Education to the Institute as the Board

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

17 Institute. Any detail shall not interrupt or otherwise affect

18 the civil service status or privileges of the Federal em19 ployee.

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

21 Board, the Secretary of Labor, the Secretary of Edu22 cation, and the heads of other pertinent Federal agencies

23 shall provide, without reimbursement, such technical as24 sistance and administrative support services to the Insti-
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1 tute as the Board determines to be necessary to carry out

2 the duties of the Institute.

3 (o) OBTAINING INFORMATION.—The Executive Di4 rector of the Institute may secure directly from any Fed5 eral agency information necessary to enable the Institute

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

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

8 States Code. Subject to the previous sentence, on the re9 quest of the Executive Director of the Institute, the head

10 of the agency shall furnish the information to the Insti11 tute.

12 (p) GIFTS AND PRIVATE CONTRIBUTIONS.—The Ex13 ecutive Director of the Institute may accept on behalf of

14 the Institute gifts or contributions from private sources

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

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

17 accepted if the gift or contribution is conditioned on any

18 expenditure of funds by the Institute.

19 (q) VOLUNTARY SERVICE.—Notwithstanding section

20 1342 of title 31, the Chairperson of the Board may accept

21 for the Board voluntary services provided by a member

22 of the Board.
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1 SEC. 5. ESTABLISHMENT OF YOUTH APPRENTICESHIP DEM2 ONSTRATION PROGRAMS.

3 After consultation with the Board, the Chairperson

4 of the Board shall establish guidelines, criteria, and proce5 dures for youth apprenticeship demonstration programs,

6 including—

7 (1) developing recommended guidelines for an

8 appropriate curriculum for each occupational field

9 within the programs, including postsecondary

10 courses to enable apprentices to supplement training

11 after completion of the programs;

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

13 selection of partnerships to develop and evaluate

14 youth apprenticeship demonstration programs, in15 cluding requirements that the programs be estab16 lished in rural and urban areas in all regions of the

17 country;

18 (3) establishing criteria for apprenticeship occu19 pations, including requirements that demand exist

20 for skill training in the occupations and that the oc21 cupations offer a career ladder for apprentices;

22 (4) establishing competency criteria for appren23 ticeships and trainers in specific occupational fields;

24 and

25 (5) establishing certification procedures for ap26 prentices and trainers.
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1 SEC. 6. CONTRACTS.

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

3 after the date of enactment of this Act, the Executive Di4 rector of the Institute shall, to the extent appropriations

5 are available, enter into contracts with eligible partner6 ships, to pay for the Federal share of developing and eval7 uating youth apprenticeship demonstration programs, in

8 accordance with the requirements specified in section 7.

9 (b) CONTRACTS.—

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

11 contracts under this section with eligible partner12 ships that propose youth apprenticeship demonstra13 tion programs consistent with the criteria and proce14 dures established under section 5.

15 (2) SECONDARY SCHOOL DEMONSTRATION PRO16 GRAMS.—

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

18 into contracts with eligible partnerships to es19 tablish demonstration programs at the second20 ary school level.

21 (B) WAGE INCENTIVE DEMONSTRATION

22 PROGRAM.—The Board shall enter into a con23 tract with an eligible partnership to establish at

24 least one demonstration program in which the

25 Institute shall pay for 50 percent of the cost of

26 the apprenticeship wage.
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1 (C) DISADVANTAGED YOUTH DEMONSTRA2 TION PROGRAM.—The Board shall enter into a

3 contract with an eligible partnership to estab4 lish at least one demonstration program that

5 shall train disadvantaged youth.

6 (3) POSTSECONDARY SCHOOL DEMONSTRATION

7 PROGRAMS.—The Board may enter into contracts

8 with two eligible partnerships to establish dem9 onstration programs that solely involve students at

10 the postsecondary school level.

11 (4) AWARDS.—The Board shall enter into con12 tracts under this section on a majority vote of the

13 Board.

14 (c) APPLICATION.—To be eligible to enter into a con15 tract under this section, a partnership shall submit an ap16 plication to the Executive Director of the Institute at such

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

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

19 application shall include—

20 (1) a description of the youth apprenticeship

21 demonstration program proposed to be conducted by

22 the partnership, including sufficient information to

23 enable the Executive Director to determine whether

24 the proposal of the partnership is consistent with the

25 criteria and procedures specified in section 5;
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1 (2) an assessment of the future work force

2 needs of each area in which a youth apprenticeship

3 demonstration program will be established and the

4 manner in which the program will help provide

5 skilled workers to meet the needs;

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

7 through the youth apprenticeship demonstration pro8 gram to students in the seventh grade or older;

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

10 school, employer, or other representative of a part11 nership shall participate in the partnership;

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

13 program will be administered by schools participat14 ing in the youth apprenticeship demonstration pro15 gram, including the support and counseling staff

16 available to students pursuing apprenticeships,

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

18 vocational counselor;

19 (6) a description of the manner in which in20 service training for teachers will be provided and the

21 manner in which such training will—

22 (A) be designed to train teachers to effec23 tively implement apprenticeship training curric24 ula;
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1 (B) provide for joint training for all the

2 teachers in the partnership; and

3 (C) provide for the training in weekend,

4 evening, and summer sessions, institutes, or

5 workshops;

6 (7) a description of the manner in which train7 ing programs will be provided for counselors and the

8 manner in which such training will be designed to

9 enable counselors to more effectively—

10 (A) recruit students for apprenticeship

11 training programs;

12 (B) ensure that such students successfully

13 complete high school and the apprenticeship

14 training program; and

15 (C) assist such students in finding appro16 priate employment;

17 (8) a description of courses to be offered to stu18 dents considering or participating in the apprentice19 ship program;

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

21 apprentices will be exposed;

22 (10) a description of the manner in which ap23 prentices shall be selected;
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1 (11) a description of the academic and technical

2 skill levels to be achieved by apprentices on comple3 tion of the program;

4 (12) a description of the apprenticeship wage

5 and employee benefits offered;

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

7 spent by apprentices at the workplace during the

8 school day;

9 (14) a plan for monitoring and evaluating ap10 prentices and the youth apprenticeship demonstra11 tion program within each partnership; and

12 (15) an assurance that the partnership will

13 comply with the matching requirement specified in

14 subsection (d).

15 (d) MATCHING REQUIREMENT.—

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

17 the costs of developing and evaluating youth appren18 ticeship demonstration programs shall be not more

19 than 50 percent.

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

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

22 evaluated, including plant, equipment, and services.

23 Amounts provided by the Federal Government, or

24 services assisted or subsidized to any significant ex25 tent by the Federal Government, may not be in-
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1 cluded in determining the amount of such non-Fed2 eral share.

3 SEC. 7. YOUTH APPRENTICESHIP DEMONSTRATION PRO4 GRAM REQUIREMENTS.

5 (a) RESPONSIBILITIES.—Each partnership that par6 ticipates in a youth apprenticeship demonstration program

7 shall be responsible for—

8 (1) program and curriculum development;

9 (2) coordination and quality assurances; and

10 (3) provision of information to the Institute for

11 the assessment and evaluation of apprentices and

12 training programs.

13 (b) SECONDARY SCHOOL DEMONSTRATION PRO14 GRAMS.—

15 (1) IN GENERAL.—The partnerships participat16 ing in secondary school demonstration programs

17 shall provide apprenticeship training to students as

18 appropriate for the grade level of the students.

19 (2) SEVENTH THROUGH TENTH GRADE STU20 DENTS.—The partnerships shall provide students in

21 the seventh through tenth grades with an oppor22 tunity to learn about possible occupations through

23 school courses, site visits, job sampling, and em24 ployer visits to schools. The partnerships shall also

25 provide information about the youth apprenticeship
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1 demonstration program to the parents of students in

2 the seventh through tenth grades.

3 (3) TENTH GRADE STUDENTS.—The partner4 ships shall provide students in the tenth grade with

5 an opportunity to apply and interview for appren6 ticeships. Apprentices who successfully complete the

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

8 interview with employers may sign agreements with

9 employers at the end of the academic year.

10 (4) ELEVENTH AND TWELFTH GRADE STU11 DENTS.—The partnerships shall provide training at

12 work sites for students in the eleventh and twelfth

13 grades, in combination with high school courses. The

14 partnerships shall structure the training and edu15 cational requirements of students—

16 (A) so that students gradually increase the

17 time spent at work sites from 30 percent in

18 eleventh grade to 50 percent in the twelfth

19 grade, depending on the structure of the pro20 gram; and

21 (B) in such a manner as to allow the stu22 dents to graduate and receive a high school di23 ploma with other members of their class.

24 (5) HIGH SCHOOL GRADUATES.—The partner25 ships shall structure the training and educational re-
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1 quirements of high school graduates so that students

2 spend 75 to 80 percent of program time at work

3 sites and draw on postsecondary schools for supple4 mentary theory and skill courses. The youth appren5 ticeship demonstration programs shall allow students

6 in technical fields to take basic skills courses and

7 apply them toward an associate degree.

8 (c) POSTSECONDARY SCHOOL DEMONSTRATION PRO9 GRAMS.—Partnerships participating in postsecondary

10 school demonstration programs shall provide on-the-job

11 training to students to supplement academic courses

12 taught in postsecondary schools.

13 (d) PAYMENT.—

14 (1) SECONDARY SCHOOL DEMONSTRATION PRO15 GRAMS.—

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

17 subparagraph (B), employers participating in

18 secondary school demonstration programs shall

19 pay for 100 percent of the cost of wages to ap20 prentices.

21 (B) SUBSIDIZED WAGE.—Employers par22 ticipating in demonstration programs described

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

24 of the cost of the apprenticeship wage.
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1 (2) POSTSECONDARY SCHOOL DEMONSTRATION

2 PROGRAMS.—

3 (A) WAGES.—Employers participating in

4 postsecondary school demonstration programs

5 shall pay for 100 percent of the cost of the ap6 prenticeship wage to apprentices.

7 (B) SCHOOL COSTS.—Individual students

8 shall pay for the cost of taking continuing basic

9 skills courses from a postsecondary school.

10 (3) AMOUNT.—Apprentices participating in the

11 secondary and postsecondary school demonstration

12 programs shall receive, at a minimum, an appren13 ticeship wage equal to the wage rate described in

14 section 6(a)(2) of the Fair Labor Standards Amend15 ments of 1989 (29 U.S.C. 206 note).

16 (e) TRAINING.—Employers participating in the post17 secondary school demonstration programs shall pay for

18 the cost of on-the-job training.

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

20 but not require, employers participating in youth appren21 ticeship demonstration programs to place, or assist in

22 placing, the apprentices in employment positions similar

23 to the positions in which the apprentices received training.
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1 (g) OTHER EMPLOYER CONTRIBUTIONS.—Appren2 tices participating in youth apprenticeship demonstration

3 programs shall—

4 (1) be covered by all applicable Federal and

5 State laws regarding occupational health and safety;

6 and

7 (2) receive the same employment benefits as

8 full-time employees, commensurate with the length

9 of service of the apprentices to the employer.

10 SEC. 8. COORDINATION.

11 The Institute shall—

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

13 Learning of the Department of Labor and with the

14 Division of Vocational and Technical Education of

15 the Department of Education;

16 (2) provide technical assistance to partnerships

17 participating in youth apprenticeship demonstration

18 programs to assist the partnerships with strategic

19 planning, curriculum planning, and coordination;

20 (3) operate an apprenticeship clearinghouse for

21 the partnerships;

22 (4) disseminate model programs and practices

23 to the partnerships;

24 (5) gather input from all sources regarding the

25 labor mobility of apprentices; and
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1 (6) comply with evaluation and report require2 ments specified in section 12.

3 SEC. 9. NONDISCRIMINATION.

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

5 this Act shall constitute Federal financial assistance for

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

7 U.S.C. 2000d et seq.), title IX of the Education Amend8 ments of 1972 (20 U.S.C. 1681 et seq.), the Rehabilita9 tion Act of 1973 (29 U.S.C. 701 et seq.), and the Age

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

11 (b) NONDISCRIMINATION.—

12 (1) IN GENERAL.—Any individual with respon13 sibility for the administration of a youth apprentice14 ship demonstration program that receives assistance

15 under this Act shall not discriminate in the selection

16 of participants to the demonstration program on the

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

18 age, disability, or political affiliation.

19 (2) EXCEPTION.—This subsection shall not

20 apply to an employer or educational institution that

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

22 the application of this subsection would not be con23 sistent with the religious tenets of the organization.

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

25 the Board shall promulgate rules and regulations to pro-
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1 vide for the enforcement of this section, including provi2 sions for summary suspension of assistance for not more

3 than 30 days, on an emergency basis, until notice and an

4 opportunity to be heard can be provided.

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

6 provision of law, the Attorney General of the United

7 States may file an action under this section in the appro8 priate district court of the United States against any orga9 nization or partnership under this Act that violates this

10 subsection.

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

12 (a) IN GENERAL.—

13 (1) SUSPENSION OF PAYMENTS.—The Chair14 person of the Board may in accordance with the pro15 visions of this Act, suspend or terminate payments

16 under a contract providing assistance under this Act

17 whenever the Chairperson determines there is a ma18 terial failure to comply with this Act or the applica19 ble terms and conditions of any contract entered

20 into under this Act.

21 (2) PROCEDURES TO ENSURE ASSISTANCE.—

22 The Chairperson of the Board shall prescribe proce23 dures to ensure that—

24 (A) assistance provided under this Act

25 shall only be suspended for not more than 30
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1 days for failure to comply with the applicable

2 terms and conditions of this Act and only in

3 emergency situations; and

4 (B) assistance provided under this Act

5 shall not be terminated for failure to comply

6 with applicable terms and conditions of this Act

7 unless the recipient of such assistance has been

8 afforded reasonable notice and opportunity for

9 a full and fair hearing.

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

11 may be necessary to fulfill the requirements of this section

12 shall be held at locations convenient to the recipient of

13 assistance under this Act.

14 (c) TRANSCRIPT OR RECORDING.—A transcript or re15 cording shall be made of a hearing conducted under this

16 section and shall be available for inspection by any individ17 ual.

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

19 be construed to preclude the enactment of State legislation

20 providing for the implementation, consistent with this Act,

21 of the programs administered under this Act.

22 (e) GRIEVANCE PROCEDURE.—

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

24 that receive assistance under this Act shall establish

25 and maintain a procedure to adjudicate grievances
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1 from participants, labor organizations, and other in2 terested individuals concerning programs that re3 ceive assistance under this Act, including grievances

4 regarding proposed placements of the participants in

5 the projects.

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

7 grievance that alleges fraud or criminal activity, a

8 grievance shall be made not later than 1 year after

9 the date of the alleged occurrence.

10 (3) DEADLINE FOR HEARING AND DECISION.—

11 (A) HEARING.—A hearing on any griev12 ance conducted under this subsection shall be

13 conducted not later than 30 days after the fil14 ing of the grievance.

15 (B) DECISION.—A decision on any griev16 ance shall be made not later than 60 days after

17 the filing of the grievance.

18 (4) ARBITRATION.—

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

20 an adverse grievance decision, or 60 days after

21 the filing of the grievance if no decision has

22 been reached, the party filing the grievance

23 shall be permitted to submit the grievance to

24 binding arbitration before a qualified arbitrator
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1 who is jointly selected and independent of the

2 interested parties.

3 (B) DEADLINE FOR PROCEEDING.—An ar4 bitration proceeding shall be held not later than

5 45 days after the request for the arbitration.

6 (C) DEADLINE FOR DECISION.—A decision

7 concerning a grievance under this paragraph

8 shall be made not later than 30 days after the

9 date of the beginning of the arbitration pro10 ceeding concerning such grievance.

11 (D) COST.—The cost of an arbitration pro12 ceeding shall be divided evenly between the par13 ties to the arbitration.

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

15 filed regarding a proposed placement of a partici16 pant in a program that receives assistance under

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

18 is consistent with the resolution of the grievance

19 pursuant to this subsection.

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

21 under this subsection shall include—

22 (A) suspension of payments for assistance

23 under this Act;

24 (B) termination of payments; and
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1 (C) prohibition of the placement described

2 in paragraph (5).

3 SEC. 11. NONDUPLICATION AND NONDISPLACEMENT.

4 (a) NONDUPLICATION.—

5 (1) IN GENERAL.—Assistance provided under

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

7 not duplicate, and is in addition to, an apprentice8 ship program operating in the locality.

9 (2) PRIVATE NONPROFIT ENTITY.—Assistance

10 made available under this Act shall not be provided

11 to a private nonprofit entity to conduct activities

12 that are the same or substantially equivalent to ac13 tivities provided by the State or local government

14 agency in the locality that the entity resides in, un15 less the requirements of subsection (b) are met.

16 (b) NONDISPLACEMENT.—

17 (1) IN GENERAL.—An employer shall not dis18 place an employee or position, including partial dis19 placement such as reduction in hours, wages, or em20 ployment benefits, as a result of the use by such em21 ployer of a participant in a program receiving assist22 ance under this Act.

23 (2) SERVICE OPPORTUNITY.—An employer shall

24 not create a service opportunity under this Act that
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1 will infringe in any manner on the promotional op2 portunity of an employed individual.

3 (3) LIMITATION OF SERVICES.—

4 (A) DUPLICATION OF SERVICES.—A par5 ticipant in a program receiving assistance under

6 this Act shall not perform any services or duties

7 or engage in activities that would otherwise be

8 performed by an employee as part of the as9 signed duties of the employee.

10 (B) SUPPLANTATION OF HIRING.—A par11 ticipant in any program receiving assistance

12 under this Act shall not perform any services or

13 duties or engage in activities that will supplant

14 the hiring of full-time workers.

15 (C) DUTIES FORMERLY PERFORMED BY

16 ANOTHER EMPLOYEE.—A participant in any

17 program receiving assistance under this Act

18 shall not perform services or duties that have

19 been performed by or were assigned to any—

20 (i) presently employed worker;

21 (ii) employee who recently resigned or

22 was discharged;

23 (iii) employee who is subject to a re24 duction in force;
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1 (iv) employee who is on leave (termi2 nal, temporary, vacation, emergency, or

3 sick); or

4 (v) employee who is on strike or who

5 is involved in a lockout.

6 SEC. 12. EVALUATION.

7 (a) EVALUATION BY THE INSTITUTE.—

8 (1) FINAL EVALUATION.—

9 (A) EVALUATION.—The Institute shall

10 conduct an evaluation of all youth apprentice11 ship demonstration programs to determine the

12 effectiveness of apprenticeship training and the

13 most effective youth apprenticeship program

14 structures for a nationwide youth apprentice15 ship program. The evaluation shall include an

16 analysis of—

17 (i) the ability of the programs to pre18 pare workers, particularly minorities and

19 women, for the technical workplace;

20 (ii) the ability of such programs to in21 crease the overall competency of the work

22 force in the United States;

23 (iii) the level of academic and tech24 nical skills acquired by an apprentice in

25 the programs;
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1 (iv) the potential labor mobility of ap2 prentices;

3 (v) the effectiveness of combining on4 the-job training with classroom instruction;

5 (vi) the ability of the programs to en6 courage students to complete high school;

7 (vii) the ability of the programs to es8 tablish a more definite transition from

9 school to work;

10 (viii) the value of apprentices and the

11 effectiveness of the program according to

12 business; and

13 (ix) the direct and indirect costs and

14 benefits of the demonstration program to

15 the company and the individual student.

16 (B) REPORT.—The Institute shall prepare

17 and submit a report to the President, the Sec18 retary of Labor, the Secretary of Education,

19 the Committee on Labor and Human Resources

20 of the Senate and the Committee on Education

21 and Labor of the House of Representatives,

22 containing the evaluation described in subpara23 graph (A), and recommendations for legislative

24 reform. The Institute shall submit the report

25 not later than 9 months after the conclusion of
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1 the youth apprenticeship demonstration pro2 grams.

3 (2) INTERIM EVALUATION.—

4 (A) EVALUATION.—Not later than 24

5 months after the initiation of the youth appren6 ticeship demonstration programs, the Institute

7 shall conduct an interim evaluation of the effec8 tiveness of all the demonstration programs, in9 cluding an assessment of the matters described

10 in paragraph (1)(A) to the extent that the nec11 essary data and information is available.

12 (B) REPORT.—The Institute shall prepare

13 and submit a report to the President, the Sec14 retary of Labor, the Secretary of Education,

15 the Committee on Labor and Human Resources

16 of the Senate and the Committee on Education

17 and Labor of the House of Representatives con18 taining the evaluation described in subpara19 graph (A). The Institute shall submit the report

20 not later than 33 months after the initiation of

21 the demonstration programs.

22 (b) EVALUATION BY PARTNERSHIPS.—

23 (1) DATA COLLECTION AND ASSISTANCE.—

24 Each partnership that participates in a youth ap25 prenticeship demonstration program shall establish
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1 data collection mechanisms consistent with the needs

2 of the Institute and provide to the Institute informa3 tion for, and assistance in conducting, the final eval4 uation described in subsection (a)(1) and the interim

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

6 (2) ANNUAL REPORT.—

7 (A) EVALUATION.—Each partnership that

8 participates in a youth apprenticeship dem9 onstration program shall conduct an annual

10 evaluation that contains summary information

11 on the implementation and operation of the

12 demonstration program including—

13 (i) the number and type of students

14 enrolled in apprenticeship training;

15 (ii) a description of the type of activi16 ties in which the youth apprentices are

17 participating, including the type of occupa18 tional training youth apprentices are re19 ceiving;

20 (iii) the effectiveness of the program

21 in keeping youth in school;

22 (iv) the reaction of businesses involved

23 in the training program; and

24 (v) any other information that the In25 stitute may require.
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1 (B) REPORT.—Each such partnership shall

2 submit an annual report to the Institute con3 taining the information described in subpara4 graph (A).

5 SEC. 13. EXECUTIVE SCHEDULE.

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

7 amended by adding at the end the following:

8 ‘‘Chairman, Board of Directors of the Institute

9 for Youth Apprenticeship.’’.

10 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

11 There are authorized to be appropriated to carry out

12 this Act $50,000,000 for fiscal year 1994, which shall re13 main available until expended.

14 SEC. 15. TERMINATION AND REPEAL.

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

16 the initiation of the youth apprenticeship demonstration

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

18 all programs established by this Act shall terminate.

19 (b) REPEAL.—Not later than 69 months after the ini20 tiation of the youth apprenticeship demonstration pro21 grams, this Act and the amendments made by this Act

22 shall be repealed.

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