II

103D CONGRESS

1ST SESSION S. 251

To amend the Job Training Partnership Act to improve the Defense

Conversion Adjustment Program, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 28 (legislative day, JANUARY 5), 1993

Mr. PELL introduced the following bill; which was read twice and referred to

the Committee on Labor and Human Resources

A BILL

To amend the Job Training Partnership Act to improve

the Defense Conversion Adjustment Program, and for

other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Defense Worker Dis5 location Act’’.

6 SEC. 2. RETRAINING.

7 (a) IN GENERAL.—Section 325(a) of the Job Train8 ing Partnership Act (29 U.S.C. 1662d(a)) is amended—

9 (1) in the first sentence, by striking ‘‘From

10 the’’ and inserting ‘‘(1) From the’’;
2

•S 251 IS

1 (2) by inserting after the first sentence the fol2 lowing: ‘‘The Secretary may make the grants in any

3 State in which the Governor has received a notifica4 tion regarding a closure, cancellation, or reduction

5 under section 4201(b) of the Defense Economic Ad6 justment, Diversification, Conversion, and Stabiliza7 tion Act of 1990, and in which eligible employees

8 have received notification of warning from their em9 ployer regarding the closure, cancellation, or reduc10 tion.’’; and

11 (3) by striking the last sentence and inserting

12 the following:

13 ‘‘(2) To be eligible to receive a grant, an entity re14 ferred to in paragraph (1) shall submit an application to

15 the Secretary at such time, in such manner, and contain16 ing such information as the Secretary may require, includ17 ing the date on which the entity anticipates that the eligi18 ble employees affected will lose employment, and informa19 tion relating to the notifications described in paragraph

20 (1).

21 ‘‘(3) The Secretary shall approve or deny the applica22 tion not later than the later of—

23 ‘‘(A) 15 days after the date described in para24 graph (2); or
3

•S 251 IS

1 ‘‘(B) 30 days after submission of the applica2 tion.’’.

3 (b) USE OF FUNDS.—Section 325 of such Act is

4 amended by striking subsection (c) and inserting the fol5 lowing new subsection:

6 ‘‘(c)(1) Grants under subsection (a) may be used—

7 ‘‘(A) to provide retraining, as described in sec8 tion 314(d) or to update existing skills, with respect

9 to an eligible employee described in subsection

10 (f)(3)(A); and

11 ‘‘(B) notwithstanding any other provision of

12 this Act, to pay for the Federal share of providing

13 such retraining with respect to an employee of eligi14 ble defense contractors or eligible defense sub15 contractors if—

16 ‘‘(i) the employee is currently involved in

17 defense work;

18 ‘‘(ii) the retraining is designed to enable

19 employee to achieve placement and retention in

20 unsubsidized employment that involves

21 nondefense work and in which the employee has

22 not previously been substantially engaged; and

23 ‘‘(iii) the employer certifies that the em24 ployee would have become an eligible employee
4

•S 251 IS

1 described in subsection (f)(3)(A), without the

2 retraining.

3 ‘‘(2) The Federal share of providing the retaining

4 described in paragraph (1)(B) shall be 75 percent.’’.

5 (c) ADMINISTRATION.—Section 325 of such Act is

6 amended by—

7 (1) redesignating subsection (d) as subsection

8 (e); and

9 (2) by inserting after subsection (c) the follow10 ing new subsection:

11 ‘‘(d)(1)(A) Not later than 15 days after the approval

12 of an application of an entity under subsection (a)(3), the

13 Secretary shall make available to the entity 50 percent of

14 the amount of the grant.

15 ‘‘(B) On submission of the report described in sub16 paragraph (C), the Secretary shall make available to the

17 entity the remainder of the grant.

18 ‘‘(C) Each recipient of a grant under this section

19 shall prepare and submit to the Secretary a report con20 taining such information as the Secretary may require re21 garding eligible employees participating in the program,

22 and the current education skill levels and occupational

23 abilities of the employees.

24 ‘‘(D) Grants made under this section may be used

25 to reimburse an entity for funds expended under another
5

•S 251 IS

1 provision of this title for the purposes described in sub2 section (c).

3 ‘‘(E) Grants made under this section to an entity

4 shall be in addition to assistance under any other provision

5 of this title, and shall be made without regard to whether

6 the entity has expended funds available under such pro7 vision.

8 ‘‘(2)(A) For purposes of the requirements of title I,

9 and in particular of section 141(a), an eligible employee

10 shall be deemed to be a person who can benefit from, and

11 is most in need of, services provided under this section.

12 ‘‘(B) Notwithstanding any other provision of this Act,

13 in prescribing performance standards under section 106

14 for this section, the Secretary shall prescribe standards

15 solely based on placement and retention in unsubsidized

16 employment. Services provided to eligible employees under

17 this section consistent with individual readjustment plans

18 shall be presumed to be in compliance with such standards

19 unless any person demonstrates that the services are not

20 in compliance.’’.

21 (d) DEFINITIONS.—Section 325 of such Act is

22 amended by adding at the end the following new sub23 section:

24 ‘‘(f) For purposes of this section:
6

•S 251 IS

1 ‘‘(1) The term ‘‘eligible defense contractor’’

2 means a person that is—

3 ‘‘(A) awarded a contract by the Depart4 ment of Defense; and

5 ‘‘(B) affected by a notification issued

6 under section 4201(b) of the Defense Economic

7 Adjustmnent, Diversification, Conversion, and

8 Stabilization Act of 1990.

9 ‘‘(2) The term ‘‘eligible defense subcontractor’’

10 means a subcontractor—

11 ‘‘(A) for a person awarded a contract by

12 the Department of Defense;

13 ‘‘(B) that is affected by such a notifica14 tion; and

15 ‘‘(C) that is certified by a State agency de16 scribed in section 3306(e) of the Internal Reve17 nue Code of 1986.

18 ‘‘(3) The term ‘eligible employee’ means—

19 ‘‘(A) an eligible dislocated worker, includ20 ing such a worker of an eligible defense con21 tractor or eligible defense subcontractor, who

22 has been terminated or laid off, or has received

23 a notice of termination or layoff, as a con24 sequence of reductions in expenditures by the

25 United States for defense or by closures of
7

•S 251 IS

1 United States military facilities, as determined

2 in accordance with regulations of the Secretary;

3 and

4 ‘‘(B) an employee described in subsection

5 (c)(1)(B).

6 ‘‘(4) The term ‘employer’ includes an eligible

7 defense contractor and an eligible defense sub8 contractor.’’.

Æ