II

103D CONGRESS

2D SESSION S. 1943

To consolidate Federal employment training programs and create a new

process and structure for funding the programs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 17 (legislative day, FEBRUARY 22), 1994

Mrs. KASSEBAUM (for herself, Mr. KERREY, Mr. DURENBERGER, and Mr.

CHAFEE) introduced the following bill; which was read twice and referred

to the Committee on Labor and Human Resources

A BILL

To consolidate Federal employment training programs and

create a new process and structure for funding the 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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Job Training Consolidation Act of 1994’’.

6 (b) TABLE OF CONTENTS.—The table of contents is

7 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.
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TITLE I—USE OF FEDERAL FUNDS FOR STATE EMPLOYMENT

TRAINING ACTIVITIES

Sec. 101. Formula assistance.

Sec. 102. Discretionary assistance.

Sec. 103. Trade adjustment assistance services.

Sec. 104. Employment training activities.

Sec. 105. Reports.

TITLE II—DEVELOPMENT OF STATE EMPLOYMENT TRAINING

SYSTEMS

Subtitle A—Commission on Employment and Training

Sec. 201. Establishment of Commission.

Sec. 202. Powers of the Commission.

Sec. 203. Commission personnel matters.

Sec. 204. Termination of the Commission.

Sec. 205. Authorization of appropriations.

Subtitle B—Consolidation of Employment Training Programs

Sec. 211. Repeals of employment training programs.

Sec. 212. Study and report.

Sec. 213. Congressional consideration of proposed Commission reforms.

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) according to the General Accounting Of4 fice—

5 (A) there are currently 154 Federal em6 ployment training programs; and

7 (B) these programs cost nearly

8 $25,000,000,000 annually and are administered

9 by 14 different Federal agencies;

10 (2) these programs target individual popu11 lations such as economically disadvantaged persons,

12 dislocated workers, youth, and persons with disabil13 ities;
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1 (3) many of these programs provide similar

2 services, such as counseling, assessment, and literacy

3 skills enhancement, resulting in overlapping services,

4 wasted funds, and confusion on the part of local

5 service providers and individuals seeking assistance;

6 (4) the Federal agencies administering these

7 programs fail to collect enough performance data to

8 know whether the programs are working effectively;

9 (5) the additional cost of administering overlap10 ping employment training programs at the Federal,

11 State, and local levels diverts scarce resources that

12 could be better used to assist all persons in entering

13 the work force, gaining basic skills, or retraining for

14 new jobs;

15 (6) the conflicting eligibility requirements, and

16 annual budgeting or operating cycles, of employment

17 training programs create barriers to coordination of

18 the programs that may restrict access to services

19 and result in inefficient use of resources;

20 (7) despite more than 30 years of federally

21 funded employment training programs, the Federal

22 Government has no single, coherent policy guiding

23 its employment training efforts;

24 (8) the Federal Government has failed to ade25 quately maximize the effectiveness of the substantial
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1 public and private sector resources of the United

2 States for training and work-related education; and

3 (9) the Federal Government lacks a national

4 labor market information system, which is needed to

5 provide current data on jobs and skills in demand in

6 different regions of the country.

7 SEC. 3. DEFINITIONS.

8 As used in this Act:

9 (1) COVERED ACT.—The term ‘‘covered Act’’

10 means an Act described in paragraph (3).

11 (2) COVERED ACTIVITY.—The term ‘‘covered

12 activity’’ means an activity authorized to be carried

13 out under a covered provision.

14 (3) COVERED PROVISION.—The term ‘‘covered

15 provision’’ means a provision of—

16 (A) the Job Training Partnership Act (29

17 U.S.C. 1501 et seq.);

18 (B) the Carl D. Perkins Vocational and

19 Applied Technology Education Act (20 U.S.C.

20 2301 et seq.);

21 (C) part B of title III of the Adult Edu22 cation Act (20 U.S.C. 1203 et seq.);

23 (D) part F of title IV of the Social Secu24 rity Act (42 U.S.C. 681 et seq.);
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1 (E) section 235 or 236, or paragraph (1)

2 or (2) of section 250(d), of the Trade Act of

3 1974 (19 U.S.C. 2295, 2296, or 2331(d));

4 (F) the Wagner-Peyser Act (29 U.S.C. 49

5 et seq.);

6 (G) title I of the Rehabilitation Act of

7 1973 (29 U.S.C. 720 et seq.);

8 (H) section 6(d)(4) of the Food Stamp Act

9 of 1977 (7 U.S.C. 2015(d)(4));

10 (I) the Refugee Education Assistance Act

11 of 1980 (8 U.S.C. 1522 note);

12 (J) section 204 of the Immigration Reform

13 and Control Act of 1986 (8 U.S.C. 1255a

14 note);

15 (K) title VII of the Stewart B. McKinney

16 Homeless Assistance Act (42 U.S.C. 11421 et

17 seq.); and

18 (L) title V of the Older Americans Act of

19 1965 (42 U.S.C. 3056 et seq.).

20 (4) LOCAL ENTITY.—The term ‘‘local entity’’

21 includes public and private entities.
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1 TITLE I—USE OF FEDERAL

2 FUNDS FOR STATE EMPLOY3 MENT TRAINING ACTIVITIES

4 SEC. 101. FORMULA ASSISTANCE.

5 (a) USE OF FUNDS.—Notwithstanding any other pro6 vision of Federal law, a State that receives State formula

7 assistance for a covered activity for a fiscal year may use

8 the assistance to carry out activities as described in sec9 tion 104 for the fiscal year. Notwithstanding any other

10 provision of Federal law, a local entity that receives local

11 formula assistance for a covered activity for a fiscal year

12 may use the assistance to carry out activities as described

13 in section 104 for the fiscal year.

14 (b) REQUIREMENTS.—

15 (1) IN GENERAL.—Except as otherwise pro16 vided in this subsection, a State may use such State

17 formula assistance, and a local entity may use such

18 local formula assistance, to carry out activities as

19 described in section 104, without regard to the re20 quirements of any covered Act.

21 (2) REMAINING PROGRAM REQUIREMENTS.—

22 (A) ALLOCATION AND ENFORCEMENT.—

23 Any head of a Federal agency that allocates

24 State formula assistance, and any State that al-
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1 locates local formula assistance, for a covered

2 activity—

3 (i) shall allocate such assistance in ac4 cordance with allocation requirements that

5 are specified in the covered Acts and that

6 relate to the covered activity, including

7 provisions relating to minimum or maxi8 mum allocations; and

9 (ii)(I) if the State or local entity uses

10 such assistance to carry out the covered

11 activity, shall exercise the enforcement and

12 oversight authorities that are specified in

13 the covered Acts and that relate to the cov14 ered activity; and

15 (II) if the State or local entity does

16 not use such assistance to carry out the

17 covered activity, shall exercise such au18 thorities solely for the purpose of ensuring

19 that the assistance is used to carry out ac20 tivities as described in section 104, and in

21 accordance with the applicable require22 ments of this title.

23 (B) ADMINISTRATIVE EXPENSE LIMITS.—

24 Each State that receives State formula assist-
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1 ance, and each local entity that receives local

2 formula assistance, for a covered activity—

3 (i) shall comply with any limits on ad4 ministrative expenses that are specified in

5 the covered Acts and that relate to the cov6 ered activity; and

7 (ii) for any fiscal year, may not use a

8 greater percentage of the State formula as9 sistance or local formula assistance to pay

10 for the administrative expenses of activities

11 carried out under section 104 than the

12 State or entity used to pay for such admin13 istrative expenses relating to the covered

14 activity for fiscal year 1994.

15 (C) CONDITIONAL BENEFITS.—Any State

16 that receives State formula assistance to carry

17 out a covered activity described in a covered

18 provision specified in subparagraph (D) or (H)

19 of section 3(3) and that uses the assistance to

20 carry out activities as described in section 104

21 shall carry out an activity that is appropriate

22 for persons who would otherwise be eligible to

23 participate in the covered activity. Any person

24 in the State who would otherwise be required to

25 participate in the covered activity in order to
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1 obtain Federal assistance under a covered Act

2 shall be eligible to receive the assistance by par3 ticipating in such appropriate activity.

4 (D) AVAILABILITY OF APPROPRIATIONS.—

5 Nothing in this section shall affect the period

6 for which any appropriation under a covered

7 Act remains available.

8 (c) DEFINITIONS.—As used in this section:

9 (1) LOCAL FORMULA ASSISTANCE.—The term

10 ‘‘local formula assistance’’ means assistance made

11 available by a State to a local entity under—

12 (A)(i) subsections (a)(2) and (b) of section

13 202 of the Job Training Partnership Act (29

14 U.S.C. 1602);

15 (ii) section 252(b) of such Act (29 U.S.C.

16 1631(b)) in accordance with subsections (a)(2)

17 and (b) of section 262 of such Act (29 U.S.C.

18 1642);

19 (iii) subsections (a)(2) and (b) of section

20 262 of such Act (29 U.S.C. 1642); or

21 (iv) subsections (a)(1), (b), and (d) of sec22 tion 302 of such Act (29 U.S.C. 1652);

23 (B)(i) section 102(a)(1), and section

24 231(a) or 232 of the Carl D. Perkins Voca-
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1 tional Education Act (20 U.S.C. 2312(a)(1),

2 and 2341(a) or 2341a); or

3 (ii) section 353(b) of such Act (20 U.S.C.

4 2395b(b)); or

5 (C) section 722(g)(3)(B) of the Stewart B.

6 McKinney Homeless Assistance Act (42 U.S.C.

7 11432(g)(3)(B).

8 (2) STATE FORMULA ASSISTANCE.—The term

9 ‘‘State formula assistance’’ means assistance made

10 available by an agency of the Federal Government to

11 a State under—

12 (A)(i) subsections (a)(2) and (c) of section

13 202 of the Job Training Partnership Act (29

14 U.S.C. 1602);

15 (ii) subsections (a)(2) and (c) of section

16 262 of such Act (29 U.S.C. 1642);

17 (iii) subsections (a)(1), (b), and (c)(1) of

18 section 302 of such Act (29 U.S.C. 1652); or

19 (iv) sections 502(d) and 503 of such Act

20 (29 U.S.C. 1791a(d));

21 (B)(i) section 101(a)(2) of the Carl D.

22 Perkins Vocational Education Act (20 U.S.C.

23 2311(a)(2)) (other than assistance made avail24 able under section 231(a) or 232 of such Act

25 (20 U.S.C. 2341(a) or 2341a) to local edu-
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1 cational agencies or other local entities within

2 the State);

3 (ii) section 112(f) of such Act (20 U.S.C.

4 2322(f)); or

5 (iii) section 343(b)(1) of such Act (20

6 U.S.C. 2394a(b)(1));

7 (C) section 313(b) of the Adult Education

8 Act (20 U.S.C. 1201b(b)) (other than assist9 ance reserved to carry out part D of title III of

10 such Act (20 U.S.C. 1213 et seq.));

11 (D) subsection (k) or (l) of section 403 of

12 the Social Security Act (42 U.S.C. 603);

13 (E) section 6(b)(1) of the Wagner-Peyser

14 Act (29 U.S.C. 49e(b)(1));

15 (F)(i) subsection (a) or (b) of section 110

16 of the Rehabilitation Act of 1973 (29 U.S.C.

17 730) (less any amount reserved under sub18 section (d) of such section);

19 (ii) section 112(e) of such Act (29 U.S.C.

20 732(e)); or

21 (iii) section 124 of such Act (29 U.S.C.

22 744);

23 (G) section 16(h)(1) of the Food Stamp

24 Act of 1977 (7 U.S.C. 2025(h)(1)) (other than
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1 funds made available under subparagraph (B)

2 of such section);

3 (H)(i) section 201(b) of the Refugee Edu4 cation Assistance Act of 1980 (8 U.S.C. 1522

5 note);

6 (ii) section 301(b) of such Act (8 U.S.C.

7 1522 note); or

8 (iii) section 401(b) of such Act (8 U.S.C.

9 1522 note);

10 (I) section 204(b) of the Immigration Re11 form and Control Act of 1986 (8 U.S.C. 1255a

12 note);

13 (J)(i) section 722(b) of the Stewart B.

14 McKinney Homeless Assistance Act (42 U.S.C.

15 11432(b)) (other than funds made available

16 under section 722(g)(3)(B) of such Act); or

17 (ii) section 752(a) of such Act (42 U.S.C.

18 11462(a)); or

19 (K) section 506(a)(3) of the Older Ameri20 cans Act of 1965 (42 U.S.C. 3056d(a)(3)).

21 SEC. 102. DISCRETIONARY ASSISTANCE.

22 (a) IN GENERAL.—

23 (1) PRIOR ASSISTANCE.—Notwithstanding any

24 other provision of Federal law, a State or local en25 tity that received, prior to the date of enactment of
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1 this Act, discretionary assistance for a covered activ2 ity for a fiscal year may use the assistance to carry

3 out activities as described in section 104 for the

4 fiscal year.

5 (2) FUTURE ASSISTANCE.—Notwithstanding

6 any other provision of Federal law, a State or local

7 entity that is eligible to apply for discretionary as8 sistance for a covered activity for a fiscal year may

9 apply, as described in subsection (c), for the assist10 ance to carry out activities as described in section

11 104 for the fiscal year.

12 (b) USE OF FUNDS.—

13 (1) IN GENERAL.—Except as otherwise pro14 vided in this subsection, a State or local entity that

15 receives discretionary assistance prior to the date of

16 enactment of this Act or on approval of an applica17 tion submitted under subsection (c) may use the dis18 cretionary assistance to carry out activities as de19 scribed in section 104, without regard to the require20 ments of any covered Act.

21 (2) REMAINING PROGRAM REQUIREMENTS.—A

22 State or local entity that uses discretionary assist23 ance to carry out such activities shall use the assist24 ance in accordance with the requirements of sub25 paragraphs (A), (B), and (D) of section 101(b)(2),
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1 which shall apply to such assistance in the same

2 manner and to the same extent as the requirements

3 apply to State formula assistance or local formula

4 assistance, as appropriate, used under section 101.

5 (c) ADDITIONAL INFORMATION IN APPLICATION.—A

6 State or local entity seeking to use discretionary assistance

7 as described in subsection (a)(2) shall include in the appli8 cation (under the covered provision involved) of the State

9 or local entity for the assistance (in lieu of any informa10 tion otherwise required to be submitted)—

11 (1) a description of the funds the State or local

12 entity proposes to use to carry out activities as de13 scribed in section 104;

14 (2) a description of the activities to be carried

15 out with such funds;

16 (3) a description of the specific outcomes ex17 pected of participants in the activities; and

18 (4) such other information as the head of the

19 agency with responsibility for evaluating the applica20 tion may require.

21 (d) EVALUATION OF APPLICATION.—In evaluating an

22 application described in subsection (c), the agency with re23 sponsibility for evaluating the application shall evaluate

24 the application by determining the likelihood that the

25 State or local entity submitting the application will be able
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1 to carry out activities as described in section 104. In eval2 uating applications for discretionary assistance, the agen3 cy shall not give preference to applications proposing cov4 ered activities over applications proposing activities de5 scribed in section 104.

6 (e) DEFINITION.—As used in this section, the term

7 ‘‘discretionary assistance’’ means assistance that—

8 (1) is not State formula assistance or local for9 mula assistance, as defined in section 101(c);

10 (2) is not Federal assistance available to pro11 vide services described in section 235 or 236, or

12 paragraph (1) or (2) of section 250(d), of the Trade

13 Act of 1974 (19 U.S.C. 2295, 2296, or 2331(d));

14 and

15 (3) is made available by an agency of the Fed16 eral Government, or by a State, to a State or local

17 entity to enable the State or local entity to carry out

18 an activity under a covered provision.

19 SEC. 103. TRADE ADJUSTMENT ASSISTANCE SERVICES.

20 (a) USE OF ASSISTANCE.—

21 (1) IN GENERAL.—Notwithstanding any other

22 provision of Federal law, if the Secretary of Labor

23 initiates efforts under section 235 of the Trade Act

24 of 1974 (19 U.S.C. 2295) to secure services de25 scribed in such section 235 (including services that
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1 are provided under section 250(d)(1) of such Act

2 (19 U.S.C. 2331(d)(1))) for a worker, or if the Sec3 retary makes a determination under section 236(a)

4 of the Trade Act of 1974 (19 U.S.C. 2296(a)) that

5 entitles a worker to payments described in such sec6 tion for services (including services for which pay7 ment is provided under section 250(d)(2) of such

8 Act), the Secretary shall notify the State in which

9 the worker is located.

10 (2) ACTIVITIES.—A State that receives such no11 tification may apply under subsection (c) for the

12 Federal assistance that would otherwise have been

13 expended to provide services described in paragraph

14 (1) to the worker, to enable the State to carry out

15 activities as described in section 104 for the fiscal

16 year. If the State has received such assistance in ad17 vance, the State may apply under subsection (c) to

18 use such assistance to enable the State to carry out

19 activities as described in section 104 for the fiscal

20 year.

21 (b) REQUIREMENTS.—

22 (1) IN GENERAL.—Except as otherwise pro23 vided in this subsection, a State that receives such

24 Federal assistance and receives approval of an appli25 cation submitted under subsection (c) may use the
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1 assistance to carry out activities as described in sec2 tion 104, without regard to the requirements of any

3 covered Act.

4 (2) REMAINING PROGRAM REQUIREMENTS.—A

5 State that uses such Federal assistance to carry out

6 such activities shall use the assistance in accordance

7 with the requirements of subparagraphs (A)(ii), (B),

8 and (D) of section 101(b)(2), which shall apply to

9 such assistance in the same manner and to the same

10 extent as the requirements apply to State formula

11 assistance or local formula assistance, as appro12 priate, used under section 101.

13 (3) CONDITIONAL BENEFITS.—Any State that

14 receives Federal assistance that would otherwise

15 have been expended to provide services described in

16 subsection (a)(1) to a worker, and that uses the as17 sistance to carry out activities as described in sec18 tion 104, shall carry out eligible alternative activities

19 that are appropriate for the worker. If the worker

20 would otherwise be required to receive such services

21 in order to obtain Federal funds under another pro22 vision of chapter 2 of title II of the Trade Act of

23 1974 (19 U.S.C. 2291 et seq.), the worker shall be

24 eligible to receive the funds by participating in such

25 eligible alternative activities.
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1 (c) ADDITIONAL INFORMATION IN APPLICATION.—A

2 State seeking to use Federal assistance that would other3 wise have been expended to provide services described in

4 subsection (a)(1) to a worker shall submit an application

5 to the Secretary of Labor, at such time and in such man6 ner as the Secretary may require, that contains—

7 (1) a description of the Federal assistance the

8 State proposes to use to carry out activities as de9 scribed in section 104;

10 (2) a description of the activities to be carried

11 out with such assistance;

12 (3) a description of the specific outcomes ex13 pected of participants in the activities; and

14 (4) such other information as the Secretary of

15 Labor may require.

16 (d) EVALUATION OF APPLICATION.—In evaluating an

17 application described in subsection (c), the Secretary of

18 Labor shall evaluate the application by determining the

19 likelihood that the State submitting the application will

20 be able to carry out activities as described in section 104.

21 In evaluating applications for such Federal assistance, the

22 Secretary of Labor shall not give preference to applica23 tions proposing covered activities over applications propos24 ing activities described in section 104.
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1 SEC. 104. EMPLOYMENT TRAINING ACTIVITIES.

2 A State or local entity that receives State formula

3 assistance or local formula assistance as described in sec4 tion 101(a), receives discretionary assistance as described

5 in section 102(b), or receives Federal assistance as de6 scribed in section 103(b), may—

7 (1) use the assistance to carry out activities to

8 develop a comprehensive statewide employment

9 training system that—

10 (A) is primarily designed and implemented

11 by communities to serve local labor markets in

12 the State involved;

13 (B) requires the participation and involve14 ment of private sector employers in all phases

15 of the planning, development, and implementa16 tion of the system, including—

17 (i) determining the skills to be devel18 oped by each employment training program

19 carried out through the system; and

20 (ii) designing the training to be pro21 vided by each such program;

22 (C) assures that State and local training

23 efforts are linked to available employment op24 portunities;

25 (D) includes standards for determining the

26 effectiveness of such programs; and
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1 (E) is an integrated system that assures

2 that individuals seeking employment in the

3 State will receive information about all available

4 employment training services provided in the

5 State, regardless of where the individuals ini6 tially enter the system; or

7 (2) may use the assistance that would otherwise

8 have been used to carry out 2 or more covered ac9 tivities—

10 (A) to address the high priority needs of

11 unemployed persons in the State or community

12 involved for employment training services;

13 (B) to improve efficiencies in the delivery

14 of the covered activities; or

15 (C) in the case of overlapping or duplica16 tive activities—

17 (i) by combining the covered activities

18 and funding the combined activities; or

19 (ii) by eliminating one of the covered

20 activities and increasing the funding to the

21 remaining covered activity.

22 SEC. 105. REPORTS.

23 (a) STATE REPORTS.—

24 (1) PREPARATION.—A State that receives State

25 formula assistance as described in section 101(a),
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1 receives discretionary assistance as described in sec2 tion 102(b), or receives Federal assistance as de3 scribed in section 103(b), and that uses the assist4 ance to carry out activities as described in section

5 104 shall annually prepare a report containing—

6 (A) information on the amount and origin

7 of such assistance;

8 (B) information on the activities carried

9 out with such assistance;

10 (C) information regarding the populations

11 to be served with such assistance, such as eco12 nomically disadvantaged persons, dislocated

13 workers, youth, and individuals with disabilities;

14 (D) a summary of the reports received by

15 the State under subsection (b); and

16 (E) such other information as the Sec17 retaries, in consultation with the Commission,

18 may require.

19 (2) SUBMISSION.—The State shall submit the

20 report described in paragraph (1)—

21 (A) with respect to the activities carried

22 out during the year beginning on the date of

23 enactment of this Act, to the Chairperson of the

24 Commission, the Committee on Education and

25 Labor of the House of Representatives, and the
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1 Committee on Labor and Human Resources of

2 the Senate, not later than 60 days after the end

3 of such year; and

4 (B) with respect to the activities carried

5 out during the subsequent year, to the commit6 tees specified in subparagraph (A), not later

7 than 60 days after the end of such year.

8 (b) LOCAL ENTITY REPORTS.—

9 (1) PREPARATION.—A local entity that receives

10 local formula assistance as described in section

11 101(a), or that receives discretionary assistance as

12 described in section 102(b), and uses the assistance

13 to carry out activities as described in section 104

14 shall annually prepare a report containing—

15 (A) information on the amount and origin

16 of such assistance;

17 (B) information on the activities carried

18 out with such assistance;

19 (C) information regarding the populations

20 to be served with such assistance, such as eco21 nomically disadvantaged persons, dislocated

22 workers, youth, and individuals with disabilities;

23 and

24 (D) such other information as the State

25 that allocated the assistance may require.
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1 (2) SUBMISSION.—The local entity shall submit

2 the report described in paragraph (1)—

3 (A) with respect to the activities carried

4 out during the year beginning on the date of

5 enactment of this Act, to the State not later

6 than 30 days after the end of such year; and

7 (B) with respect to the activities carried

8 out during the subsequent year, to the State

9 not later than 30 days after the end of such

10 subsequent year.

11 TITLE II—DEVELOPMENT OF

12 STATE EMPLOYMENT TRAIN13 ING SYSTEMS

14 Subtitle A—Commission on

15 Employment and Training

16 SEC. 201. ESTABLISHMENT OF COMMISSION.

17 (a) ESTABLISHMENT.—There is established a com18 mission to be known as the Commission on Employment

19 and Training (referred to in this Act as the ‘‘Commis20 sion’’).

21 (b) MEMBERSHIP.—

22 (1) COMPOSITION.—The Commission shall be

23 composed of 7 members, including—

24 (A) 4 members, appointed by the Presi25 dent;
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1 (B) the Secretary of Labor;

2 (C) the Secretary of Education; and

3 (D) the Secretary of Commerce.

4 (2) QUALIFICATIONS.—In appointing the 4

5 members of the Commission described in paragraph

6 (1)(A), the President shall appoint members from

7 among persons representing private sector busi8 nesses, and shall select the 4 members so as to en9 sure representation of both small and large busi10 nesses.

11 (3) CONSULTATION.—In selecting individuals

12 for nominations for appointments to the Commission

13 under paragraph (1)(A), the President shall consult

14 with—

15 (A) the Speaker of the House of Rep16 resentatives concerning the appointment of 1

17 member;

18 (B) the Majority Leader of the Senate con19 cerning the appointment of 1 member;

20 (C) the Minority Leader of the House of

21 Representatives concerning the appointment of

22 1 member; and

23 (D) the Minority Leader of the Senate

24 concerning the appointment of the remaining

25 member.
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1 (4) DATE.—The President shall appoint the 4

2 members of the Commission not later than 60 days

3 after the date of enactment of this Act.

4 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem5 bers shall be appointed for the life of the Commission. Any

6 vacancy in the Commission shall not affect the powers of

7 the Commission, but shall be filled in the same manner

8 as the original appointment.

9 (d) FUNCTIONS.—The Commission shall carry out

10 the functions described in section 212.

11 (e) MEETINGS.—

12 (1) FREQUENCY.—The Commission shall meet

13 not less often than 4 times per year.

14 (2) OPEN MEETINGS.—Each meeting of the

15 Commission shall be open to the public.

16 (3) VOTING.—For purposes of all votes of the

17 Commission, the 4 members described in subsection

18 (b)(1)(A) shall each have 1 vote, and the remaining

19 3 members shall collectively have a fifth vote. Such

20 3 members shall determine how such fifth vote shall

21 be cast, by a majority vote among as many of the

22 3 members as are in attendance.

23 (4) CABINET OFFICIALS.—Each person holding

24 a position described in section 5312 of title 5,
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1 United States Code, may attend and present infor2 mation at any meeting of the Commission.

3 (f) QUORUM.—A majority of the members of the

4 Commission shall constitute a quorum, but a lesser num5 ber of members may hold hearings.

6 (g) CHAIRPERSON.—The Commission shall elect a

7 Chairperson from among the members described in sub8 section (b)(1)(A).

9 SEC. 202. POWERS OF THE COMMISSION.

10 (a) HEARINGS.—The Commission may hold such

11 hearings, sit and act at such times and places, take such

12 testimony, and receive such evidence as the Commission

13 considers advisable to carry out the purposes of this Act.

14 (b) INFORMATION FROM FEDERAL AGENCIES.—The

15 Commission may secure directly from any Federal agency

16 such information as the Commission considers necessary

17 to carry out the provisions of this Act. Upon request of

18 the Chairperson of the Commission, the head of such

19 agency shall furnish such information to the Commission.

20 (c) POSTAL SERVICES.—The Commission may use

21 the United States mails in the same manner and under

22 the same conditions as other agencies of the Federal

23 Government.

24 (d) GIFTS.—The Commission may accept, use, and

25 dispose of gifts or donations of services or property.
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1 SEC. 203. COMMISSION PERSONNEL MATTERS.

2 (a) COMPENSATION OF MEMBERS.—

3 (1) MEMBER.—Each member of the Commis4 sion who is not the Chairperson of the Commission

5 and who is not an officer or employee of the Federal

6 Government shall be compensated at a rate equal to

7 the daily equivalent of the annual rate of basic pay

8 prescribed for level IV of the Executive Schedule

9 under section 5315 of title 5, United States Code,

10 for each day (including travel time) during which

11 such member is engaged in the performance of the

12 duties of the Commission. All members of the Com13 mission who are officers or employees of the United

14 States shall serve without compensation in addition

15 to that received for their services as officers or em16 ployees of the United States.

17 (2) CHAIRPERSON.—The Chairperson of the

18 Commission shall be paid for each day referred to in

19 paragraph (1) at a rate equal to the daily equivalent

20 of the annual rate of basic pay prescribed for level

21 III of the Executive Schedule under section 5314 of

22 title 5, United States Code.

23 (b) TRAVEL EXPENSES.—The members of the Com24 mission shall be allowed travel expenses, including per

25 diem in lieu of subsistence, at rates authorized for employ26 ees of agencies under subchapter I of chapter 57 of title
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1 5, United States Code, while away from their homes or

2 regular places of business in the performance of services

3 for the Commission.

4 (c) DIRECTOR OF STAFF.—

5 (1) APPOINTMENT.—The Commission may,

6 without regard to the civil service laws and regula7 tions, appoint and terminate an individual who has

8 not served as an employee of the Department of

9 Labor, the Department of Education, or the Depart10 ment of Commerce during the 1-year period preced11 ing the date of such appointment, to serve as the

12 Director of the Commission.

13 (2) COMPENSATION.—The Director shall be

14 paid at the rate of basic pay prescribed for level IV

15 of the Executive Schedule under section 5315 of title

16 5, United States Code.

17 (d) STAFF.—

18 (1) IN GENERAL.—The Director, with the ap19 proval of the Commission, may, without regard to

20 the civil service laws and regulations, appoint and

21 terminate such personnel as may be necessary to en22 able the Commission to perform its duties. Not less

23 than 50 percent of such personnel shall be appointed

24 from individuals who were employed in the private
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1 sector immediately prior to appointment as person2 nel of the Commission.

3 (2) COMPENSATION.—The Director, with the

4 approval of the Commission, may fix the compensa5 tion of the personnel without regard to the provi6 sions of chapter 51 and subchapter III of chapter 53

7 of title 5, United States Code, relating to classifica8 tion of positions and General Schedule pay rates, ex9 cept that the rate of pay for the personnel may not

10 exceed the annual rate of basic pay prescribed for

11 level V of the Executive Schedule under section 5316

12 of such title.

13 (e) DETAIL OF GOVERNMENT EMPLOYEES.—

14 (1) IN GENERAL.—Upon request of the Direc15 tor, with the approval of the Commission, the head

16 of any Federal agency may detail any of the person17 nel of that agency to the Commission to assist the

18 Commission in carrying out its duties under this

19 part. Such detail shall be without interruption or

20 loss of civil service status or privilege.

21 (2) LIMITATIONS.—Not more than 50 percent

22 of the personnel employed by or detailed to the Com23 mission may be on detail from any agency of the

24 Federal Government. No officer or employee of any

25 of such an agency may prepare, or approve or dis-
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1 approve, the report described in section 212, except

2 by casting a vote as provided in section 201(e)(3).

3 (f) PROCUREMENT OF TEMPORARY AND INTERMIT4 TENT SERVICES.—The Chairperson of the Commission

5 may procure temporary and intermittent services under

6 section 3109(b) of title 5, United States Code, at rates

7 for individuals which do not exceed the daily equivalent

8 of the annual rate of basic pay prescribed for level IV of

9 the Executive Schedule under section 5315 of such title.

10 SEC. 204. TERMINATION OF THE COMMISSION.

11 The Commission shall terminate 90 days after the

12 date on which the Commission submits the report of the

13 Commission under section 212(b).

14 SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

15 (a) IN GENERAL.—There are authorized to be appro16 priated $15,000,000 for fiscal year 1995 to carry out the

17 functions of the Commission.

18 (b) AVAILABILITY.—Any sums appropriated under

19 the authorization contained in this section shall remain

20 available, without fiscal year limitation, until expended.
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1 Subtitle B—Consolidation of

2 Employment Training Programs

3 SEC. 211. REPEALS OF EMPLOYMENT TRAINING PRO4 GRAMS.

5 (a) IN GENERAL.—The following provisions are re6 pealed:

7 (1) The Job Training Partnership Act (29

8 U.S.C. 1501 et seq.).

9 (2) The Carl D. Perkins Vocational and Applied

10 Technology Education Act (20 U.S.C. 2301 et seq.).

11 (3) Part B of title III of the Adult Education

12 Act (20 U.S.C. 1203 et seq.).

13 (4) Part F of title IV of the Social Security Act

14 (42 U.S.C. 681 et seq.).

15 (5) Sections 235 and 236 of the Trade Act of

16 1974 (19 U.S.C. 2295 and 2296), and paragraphs

17 (1) and (2) of section 250(d) of such Act (19 U.S.C.

18 2331(d)).

19 (6) The Wagner-Peyser Act (29 U.S.C. 49 et

20 seq.).

21 (7) Title I of the Rehabilitation Act of 1973

22 (29 U.S.C. 720 et seq.).

23 (8) Section 6(d)(4) of the Food Stamp Act of

24 1977 (7 U.S.C. 2015(d)(4)).
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1 (9) The Refugee Education Assistance Act of

2 1980 (8 U.S.C. 1522 note).

3 (10) Section 204 of the Immigration Reform

4 and Control Act of 1986 (8 U.S.C. 1255a note).

5 (11) Title VII of the Stewart B. McKinney

6 Homeless Assistance Act (42 U.S.C. 11421 et seq.).

7 (12) Title V of the Older Americans Act of

8 1965 (42 U.S.C. 3056 et seq.).

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

10 Section 250(d) of the Trade Act of 1974 (as amended by

11 subsection (a)(5)) is amended by redesignating para12 graphs (3), (4), and (5) as paragraphs (1), (2), and (3),

13 respectively.

14 (c) EFFECTIVE DATE.—The repeals made by sub15 section (a), and the amendments made by subsection (b),

16 shall take effect 29 months after the date of enactment

17 of this Act.

18 SEC. 212. STUDY AND REPORT.

19 (a) STUDY.—The Commission shall, in consultation

20 with the appropriate agencies of the Federal Government,

21 the appropriate committees of the Congress, the Director

22 of the Office of Management and Budget, and States and

23 local entities, conduct a study to—

24 (1) develop a single, coherent national policy, to

25 guide federally funded employment training efforts,
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1 that would assist individuals in entering the work

2 force, gaining skills, adding to skills, or retraining

3 for new jobs;

4 (2)(A)(i) review the programs and activities

5 that are being carried out under the provisions de6 scribed in section 211(a);

7 (ii) review the reports submitted under section

8 105(a)(2)(A) concerning activities described in sec9 tion 104 that are carried out under title I, especially

10 activities related to efforts to develop comprehensive

11 statewide employment systems; and

12 (iii) review all other Federal employment train13 ing programs; and

14 (B) examine strategies for consolidating or

15 eliminating the programs and activities described in

16 subparagraph (A) to create a single, comprehensive

17 employment training system that—

18 (i) gives the States maximum flexibility in

19 carrying out employment training programs

20 through the system;

21 (ii) leads to a single, integrated approach

22 to employment training that assures that indi23 viduals seeking employment in a State will re24 ceive information about all available employ25 ment training services provided through the
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1 system, regardless of where the individuals ini2 tially enter the system; and

3 (iii) leads to a single, integrated approach

4 to job training that requires the participation

5 and involvement of private sector employers in

6 the planning, development and implementation

7 of locally established employment training ini8 tiatives;

9 (3) examine strategies for encouraging partici10 pation by private sector employers in local employ11 ment training programs that link local training ef12 forts to available employment opportunities;

13 (4) determine the best administrative structure

14 for such a system, and the agency that will conduct

15 Federal oversight of the system;

16 (5) examine strategies for implementing a na17 tional online labor market information system to

18 provide States and units of general local government

19 with—

20 (A) descriptions of job duties, training and

21 education requirements, working conditions,

22 and characteristics of occupations;

23 (B) current supply and demand statistics

24 on various job skills;
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1 (C) information on geographic locations

2 where specific jobs and job skills are in greatest

3 demand; and

4 (D) information on the best practices used

5 by other States in providing the most effective

6 employment services and training to workers;

7 and

8 (6) determine appropriate standards—

9 (A) for the Federal Government to meas10 ure the overall effectiveness of employment

11 training programs;

12 (B) for the States to provide the most ef13 fective employment services; and

14 (C) that specify a common terminology for

15 programs and services carried out under the

16 system, in order to facilitate access to such

17 services among States and localities.

18 (b) REPORT.—Not later than 26 months after the

19 date of enactment of this Act, the Commission shall—

20 (1) prepare and submit to the Committee on

21 Education and Labor of the House of Representa22 tives and the Committee on Labor and Human Re23 sources of the Senate a report containing the find24 ings of the Commission, and recommendations for
36

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1 proposed reforms, based on the study described in

2 subsection (a); and

3 (2) submit to the Congress a draft of a joint

4 resolution containing provisions to—

5 (A) consolidate or eliminate the programs

6 and activities described in subsection (a)(2)(A)

7 to create the national employment training sys8 tem described in subsection (a)(2)(B);

9 (B) implement strategies described in sub10 section (a)(3);

11 (C) establish or designate the agency, and

12 establish the structure, described in subsection

13 (a)(4);

14 (D) establish the system described in sub15 section (a)(5); and

16 (E) implement the standards described in

17 subsection (a)(6).

18 (c) MODIFICATION.—Notwithstanding any other pro19 vision of this Act and to the extent the Commission deter20 mines it is appropriate and fiscally responsible, the Com21 mission may include in the joint resolution a provision to

22 reduce the period between the date of the enactment of

23 this Act and the effective date provided in section 211(c).

24 (d) PROHIBITION ON ADDITIONAL ENTITLE25 MENTS.—
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1 (1) PROHIBITION.—The Commission may not

2 submit a joint resolution under subsection (b) that

3 establishes an additional right for any person to

4 bring an action to obtain services under the pro5 grams established in such resolution.

6 (2) RELATIONSHIP TO EXISTING ENTITLE7 MENTS.—The Commission shall not be prohibited

8 from submitting such a resolution—

9 (A) that maintains the right of a person to

10 receive Federal assistance by participating in

11 such services, if the person is required under

12 Federal law other than the resolution to partici13 pate in a covered activity described in section

14 101(b)(2)(C) or 103(b)(3) to receive the assist15 ance; or

16 (B) that does not maintain such right.

17 SEC. 213. CONGRESSIONAL CONSIDERATION OF PROPOSED

18 COMMISSION REFORMS.

19 (a) EXPEDITED PROCEDURE.—

20 (1) CONTENTS OF RESOLUTION.—For the pur21 poses of this section, the term ‘‘joint resolution’’

22 means the joint resolution described in section 212.

23 (2) REFERRAL TO COMMITTEE.—A joint resolu24 tion introduced in the House of Representatives

25 shall be referred to the Committee on Education and
38

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1 Labor of the House of Representatives. A joint reso2 lution introduced in the Senate shall be referred to

3 the Committee on Labor and Human Resources of

4 the Senate. Such a joint resolution may not be re5 ported before the 15th day after the introduction of

6 the joint resolution.

7 (3) DISCHARGE OF COMMITTEE.—If a commit8 tee to which a joint resolution is referred has not re9 ported such joint resolution (or an identical joint

10 resolution) at the end of 30 days after the introduc11 tion of the joint resolution, such committee shall be

12 deemed to be discharged from further consideration

13 of such joint resolution and such joint resolution

14 shall be placed on the appropriate calendar of the

15 House involved.

16 (4) MOTION TO PROCEED.—When a committee

17 to which a joint resolution is referred has reported,

18 or has been deemed to be discharged (under para19 graph (3)) from further consideration of, a joint res20 olution, it is at any time thereafter in order (even

21 though a previous motion to the same effect has

22 been disagreed to, and notwithstanding the provi23 sions of rule XXII of the Standing Rules of the Sen24 ate) for any Member of the respective House to

25 move to proceed to the consideration of the joint res-
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1 olution, and all points of order against the joint res2 olution (and against consideration of the joint reso3 lution) are waived. The motion is highly privileged in

4 the House of Representatives and is privileged in the

5 Senate and is not debatable. The motion is not sub6 ject to amendment, or to a motion to postpone, or

7 to a motion to proceed to the consideration of other

8 business. A motion to reconsider the vote by which

9 the motion is agreed to or disagreed to shall not be

10 in order. If a motion to proceed to the consideration

11 of the joint resolution is agreed to, the joint resolu12 tion shall remain the unfinished business of the re13 spective House until disposed of.

14 (5) FLOOR CONSIDERATION IN THE HOUSE OF

15 REPRESENTATIVES.—

16 (A) GENERAL DEBATE.—General debate

17 on a joint resolution in the House of Represent18 atives shall be limited to not more than 10

19 hours, which shall be divided equally between

20 the majority and minority parties. A motion

21 further to limit debate is not debatable. A mo22 tion to recommit the joint resolution is not in

23 order, and it is not in order to move to recon24 sider the vote by which the joint resolution is

25 agreed to or disagreed to.
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1 (B) CONSIDERATION.—Consideration of

2 any joint resolution by the House of Represent3 atives shall be in the Committee of the Whole,

4 and the resolution shall be considered for

5 amendment under the 5-minute rule in accord6 ance with the applicable provisions of rule

7 XXIII of the Rules of the House of Representa8 tives. After the Committee rises and reports the

9 resolution back to the House, the previous ques10 tion shall be considered as ordered on the reso11 lution and any amendments thereto to final

12 passage without intervening motion.

13 (C) CONFERENCE REPORT.—Debate in the

14 House of Representatives on the conference re15 port on any joint resolution shall be limited to

16 not more than 5 hours, which shall be divided

17 equally between the majority and minority par18 ties. A motion further to limit debate is not de19 batable. A motion to recommit the conference

20 report is not in order, and it is not in order to

21 move to reconsider the vote by which the con22 ference report is agreed to or disagreed to.

23 (D) RULES OF THE HOUSE OF REP24 RESENTATIVES.—Appeals from decisions of the

25 Chair relating to the application of the Rules of
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1 the House of Representatives to the procedure

2 relating to any joint resolution shall be decided

3 without debate.

4 (6) DEBATE IN THE SENATE.—

5 (A) GENERAL DEBATE.—Debate in the

6 Senate on any joint resolution, and all amend7 ments thereto and debatable motions and ap8 peals in connection therewith, shall be limited

9 to not more than 50 hours. The time shall be

10 equally divided between, and controlled by, the

11 majority leader and the minority leader or their

12 designees.

13 (B) AMENDMENTS.—Debate in the Senate

14 on any amendment to a joint resolution shall be

15 limited to 2 hours, to be equally divided be16 tween, and controlled by, the mover and the

17 manager of the joint resolution, and debate on

18 any amendment to an amendment, debatable

19 motion, or appeal shall be limited to 1 hour, to

20 be equally divided between, and controlled by,

21 the mover and the manager of the joint resolu22 tion, except that in the event the manager of

23 the joint resolution is in favor of any such

24 amendment, motion, or appeal, the time in op25 position thereto shall be controlled by the mi-
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1 nority leader or his designee. No amendment

2 that is not relevant to the provisions of such

3 joint resolution shall be received. Such leaders,

4 or either of them, may, from the time under

5 their control on the passage of the joint resolu6 tion, allot additional time to any Senator during

7 the consideration of any amendment, debatable

8 motion, or appeal. Immediately following the

9 conclusion of the debate on a joint resolution,

10 and a single quorum call at the conclusion of

11 the debate if requested in accordance with the

12 rules of the Senate, the vote on final passage of

13 the joint resolution shall occur.

14 (C) MOTIONS.—A motion to further limit

15 debate is not debatable. A motion to recommit

16 (except a motion to recommit with instructions

17 to report back within a specified number of

18 days, not to exceed 3) is not in order. Debate

19 on any such motion to recommit shall be limited

20 to 1 hour, to be equally divided between, and

21 controlled by, the mover and the manager of

22 the joint resolution.

23 (D) CONFERENCE REPORT.—

24 (i) MOTION TO PROCEED.—A motion

25 to proceed to the consideration of the con-
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1 ference report on any joint resolution may

2 be made even though a previous motion to

3 the same effect has been disagreed to.

4 (ii) AMENDMENTS.—During the con5 sideration in the Senate of the conference

6 report (or a message between Houses) on

7 any joint resolution and all amendments in

8 disagreement, and all amendments thereto,

9 and debatable motions and appeals in con10 nection therewith, debate shall be limited

11 to 10 hours, to be equally divided between,

12 and controlled by, the majority leader and

13 minority leader or their designees. Debate

14 on any debatable motion or appeal related

15 to the conference report (or a message be16 tween Houses) shall be limited to 1 hour,

17 to be equally divided between, and con18 trolled by, the mover and the manager of

19 the conference report (or a message be20 tween Houses).

21 (iii) AMENDMENTS IN DISAGREE22 MENT.—In any case in which there are

23 amendments in disagreement, time on each

24 amendment shall be limited to 30 minutes,

25 to be equally divided between, and con-
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1 trolled by, the manager of the conference

2 report and the minority leader or his des3 ignee. No amendment that is not relevant

4 to the provisions of such amendments shall

5 be received.

6 (7) COORDINATION WITH ACTION BY OTHER

7 HOUSE.—If, before the passage by one House of a

8 joint resolution of that House, that House receives

9 from the other House a joint resolution, then the

10 following procedures shall apply:

11 (A) The joint resolution of the other House

12 shall not be referred to a committee.

13 (B) With respect to a joint resolution of

14 the House receiving the joint resolution—

15 (i) the procedure in that House shall

16 be the same as if no joint resolution had

17 been received from the other House; but

18 (ii) the vote on final passage shall be

19 on the joint resolution of the other House.

20 (8) TIME LIMIT FOR ACTING.—The vote on pas21 sage of the joint resolution in each House shall

22 occur on or before the date that is 29 months after

23 the date of enactment of this Act.

24 (9) COMPUTATION OF DAYS.—For purposes of

25 this subsection, in computing a number of days in
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1 either House, there shall be excluded any day on

2 which the House is not in session.

3 (b) RULES OF HOUSE OF REPRESENTATIVES AND

4 SENATE.—This section is enacted by Congress—

5 (1) as an exercise of the rulemaking power of

6 the Senate and House of Representatives, respec7 tively, and as such this section is deemed to be a

8 part of the rules of each House, respectively, but ap9 plicable only with respect to the procedure to be fol10 lowed in that House in the case of a joint resolution,

11 and this section supersedes other rules only to the

12 extent that this section is inconsistent with such

13 rules; and

14 (2) with full recognition of the constitutional

15 right of either House to change the rules (so far as

16 relating to the procedure of that House) at any time,

17 in the same manner and to the same extent as in

18 the case of any other rule of that House.

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