(3) TENTH GRADE STUDENTS.—The partner-
ships shall provide students in the tenth grade with
an opportunity to apply and interview for appren-
ticeships. Apprentices who successfully complete the
tenth grade, pass a basic skills test, and successfully
interview with employers may sign agreements with
employers at the end of the academic year.
(4) ELEVENTH
AND
TWELFTH
GRADE
STU-
DENTS.—The partnerships shall provide training at
work sites for students in the eleventh and twelfth
grades, in combination with high school courses. The
partnerships shall structure the training and edu-
cational requirements of students—
(A) so that students gradually increase the
time spent at work sites from 30 percent in
eleventh grade to 50 percent in the twelfth
grade, depending on the structure of the pro-
gram; and
(B) in such a manner as to allow the stu-
dents to graduate and receive a high school di-
ploma with other members of their class.
(5) HIGH SCHOOL GRADUATES.—The partner-
ships shall structure the training and educational re-
quirements of high school graduates so that students
spend 75 to 80 percent of program time at work
sites and draw on postsecondary schools for supple-
mentary theory and skill courses. The youth appren-
ticeship demonstration programs shall allow students
in technical fields to take basic skills courses and
apply them toward an associate degree.
(c) POSTSECONDARY SCHOOL DEMONSTRATION PRO-
GRAMS.—Partnerships participating in postsecondary
school demonstration programs shall provide on-the-job
training to students to supplement academic courses
taught in postsecondary schools.
(d) PAYMENT.—
(1) SECONDARY SCHOOL DEMONSTRATION PRO-
GRAMS.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), employers participating in
secondary school demonstration programs shall
pay for 100 percent of the cost of wages to ap-
prentices.
(B) SUBSIDIZED
WAGE.—Employers par-
ticipating in demonstration programs described
in section 6(b)(2)(B) shall pay for 50 percent
of the cost of the apprenticeship wage.
(2) POSTSECONDARY SCHOOL DEMONSTRATION
PROGRAMS.—
(A) WAGES.—Employers participating in
postsecondary school demonstration programs
shall pay for 100 percent of the cost of the ap-
prenticeship wage to apprentices.
(B) SCHOOL COSTS.—Individual students
shall pay for the cost of taking continuing basic
skills courses from a postsecondary school.
(3) AMOUNT.—Apprentices participating in the
secondary and postsecondary school demonstration
programs shall receive, at a minimum, an appren-
ticeship wage equal to the wage rate described in
section 6(a)(2) of the Fair Labor Standards Amend-
ments of 1989 (29 U.S.C. 206 note).
(e) TRAINING.—Employers participating in the post-
secondary school demonstration programs shall pay for
the cost of on-the-job training.
(f) EMPLOYMENT.—The Institute shall encourage,
but not require, employers participating in youth appren-
ticeship demonstration programs to place, or assist in
placing, the apprentices in employment positions similar
to the positions in which the apprentices received training.
(g) OTHER EMPLOYER CONTRIBUTIONS.—Appren-
tices participating in youth apprenticeship demonstration
programs shall—
(1) be covered by all applicable Federal and
State laws regarding occupational health and safety;
and
(2) receive the same employment benefits as
full-time employees, commensurate with the length
of service of the apprentices to the employer.
SEC. 8. COORDINATION.
The Institute shall—
(1) consult with the Office of Work-Based
Learning of the Department of Labor and with the
Division of Vocational and Technical Education of
the Department of Education;
(2) provide technical assistance to partnerships
participating in youth apprenticeship demonstration
programs to assist the partnerships with strategic
planning, curriculum planning, and coordination;
(3) operate an apprenticeship clearinghouse for
the partnerships;
(4) disseminate model programs and practices
to the partnerships;
(5) gather input from all sources regarding the
labor mobility of apprentices; and
(6) comply with evaluation and report require-
ments specified in section 12.
SEC. 9. NONDISCRIMINATION.
(a) IN GENERAL.—Any assistance provided under
this Act shall constitute Federal financial assistance for
purposes of title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), title IX of the Education Amend-
ments of 1972 (20 U.S.C. 1681 et seq.), the Rehabilita-
tion Act of 1973 (29 U.S.C. 701 et seq.), and the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).
(b) NONDISCRIMINATION.—
(1) IN GENERAL.—Any individual with respon-
sibility for the administration of a youth apprentice-
ship demonstration program that receives assistance
under this Act shall not discriminate in the selection
of participants to the demonstration program on the
basis of race, religion, color, national origin, sex,
age, disability, or political affiliation.
(2) EXCEPTION.—This subsection shall not
apply to an employer or educational institution that
is controlled by a religious organization, if any, if
the application of this subsection would not be con-
sistent with the religious tenets of the organization.
(c) RULES AND REGULATIONS.—The Chairperson of
the Board shall promulgate rules and regulations to pro-
vide for the enforcement of this section, including provi-
sions for summary suspension of assistance for not more
than 30 days, on an emergency basis, until notice and an
opportunity to be heard can be provided.
(d) RIGHT OF ACTION.—Notwithstanding any other
provision of law, the Attorney General of the United
States may file an action under this section in the appro-
priate district court of the United States against any orga-
nization or partnership under this Act that violates this
subsection.
SEC. 10. NOTICE, HEARING, AND GRIEVANCE PROCEDURES.
(a) IN GENERAL.—
(1) SUSPENSION
OF
PAYMENTS.—The Chair-
person of the Board may in accordance with the pro-
visions of this Act, suspend or terminate payments
under a contract providing assistance under this Act
whenever the Chairperson determines there is a ma-
terial failure to comply with this Act or the applica-
ble terms and conditions of any contract entered
into under this Act.
(2) PROCEDURES
TO
ENSURE
ASSISTANCE.—
The Chairperson of the Board shall prescribe proce-
dures to ensure that—
(A) assistance provided under this Act
shall only be suspended for not more than 30
days for failure to comply with the applicable
terms and conditions of this Act and only in
emergency situations; and
(B) assistance provided under this Act
shall not be terminated for failure to comply
with applicable terms and conditions of this Act
unless the recipient of such assistance has been
afforded reasonable notice and opportunity for
a full and fair hearing.
(b) HEARINGS.—Hearings or other meetings that
may be necessary to fulfill the requirements of this section
shall be held at locations convenient to the recipient of
assistance under this Act.
(c) TRANSCRIPT OR RECORDING.—A transcript or re-
cording shall be made of a hearing conducted under this
section and shall be available for inspection by any individ-
ual.
(d) STATE LEGISLATION.—Nothing in this Act shall
be construed to preclude the enactment of State legislation
providing for the implementation, consistent with this Act,
of the programs administered under this Act.
(e) GRIEVANCE PROCEDURE.—
(1) IN GENERAL.—State and local applicants
that receive assistance under this Act shall establish
and maintain a procedure to adjudicate grievances
from participants, labor organizations, and other in-
terested individuals concerning programs that re-
ceive assistance under this Act, including grievances
regarding proposed placements of the participants in
the projects.
(2) DEADLINE FOR GRIEVANCES.—Except for a
grievance that alleges fraud or criminal activity, a
grievance shall be made not later than 1 year after
the date of the alleged occurrence.
(3) DEADLINE FOR HEARING AND DECISION.—
(A) HEARING.—A hearing on any griev-
ance conducted under this subsection shall be
conducted not later than 30 days after the fil-
ing of the grievance.
(B) DECISION.—A decision on any griev-
ance shall be made not later than 60 days after
the filing of the grievance.
(4) ARBITRATION.—
(A) IN GENERAL.—On the occurrence of
an adverse grievance decision, or 60 days after
the filing of the grievance if no decision has
been reached, the party filing the grievance
shall be permitted to submit the grievance to
binding arbitration before a qualified arbitrator
who is jointly selected and independent of the
interested parties.
(B) DEADLINE FOR PROCEEDING.—An ar-
bitration proceeding shall be held not later than
45 days after the request for the arbitration.
(C) DEADLINE FOR DECISION.—A decision
concerning a grievance under this paragraph
shall be made not later than 30 days after the
date of the beginning of the arbitration pro-
ceeding concerning such grievance.
(D) COST.—The cost of an arbitration pro-
ceeding shall be divided evenly between the par-
ties to the arbitration.
(5) PROPOSED PLACEMENT.—If a grievance is
filed regarding a proposed placement of a partici-
pant in a program that receives assistance under
this Act, the placement shall not be made unless it
is consistent with the resolution of the grievance
pursuant to this subsection.
(6) REMEDIES.—Remedies for a grievance filed
under this subsection shall include—
(A) suspension of payments for assistance
under this Act;
(B) termination of payments; and
(C) prohibition of the placement described
in paragraph (5).
SEC. 11. NONDUPLICATION AND NONDISPLACEMENT.
(a) NONDUPLICATION.—
(1) IN
GENERAL.—Assistance provided under
this Act shall be used only for a program that does
not duplicate, and is in addition to, an apprentice-
ship program operating in the locality.
(2) PRIVATE NONPROFIT ENTITY.—Assistance
made available under this Act shall not be provided
to a private nonprofit entity to conduct activities
that are the same or substantially equivalent to ac-
tivities provided by the State or local government
agency in the locality that the entity resides in, un-
less the requirements of subsection (b) are met.
(b) NONDISPLACEMENT.—
(1) IN GENERAL.—An employer shall not dis-
place an employee or position, including partial dis-
placement such as reduction in hours, wages, or em-
ployment benefits, as a result of the use by such em-
ployer of a participant in a program receiving assist-
ance under this Act.
(2) SERVICE OPPORTUNITY.—An employer shall
not create a service opportunity under this Act that
will infringe in any manner on the promotional op-
portunity of an employed individual.
(3) LIMITATION OF SERVICES.—
(A) DUPLICATION OF SERVICES.—A par-
ticipant in a program receiving assistance under
this Act shall not perform any services or duties
or engage in activities that would otherwise be
performed by an employee as part of the as-
signed duties of the employee.
(B) SUPPLANTATION OF HIRING.—A par-
ticipant in any program receiving assistance
under this Act shall not perform any services or
duties or engage in activities that will supplant
the hiring of full-time workers.
(C) DUTIES
FORMERLY
PERFORMED
BY
ANOTHER
EMPLOYEE.—A participant in any
program receiving assistance under this Act
shall not perform services or duties that have
been performed by or were assigned to any—
(i) presently employed worker;
(ii) employee who recently resigned or
was discharged;
(iii) employee who is subject to a re-
duction in force;
(iv) employee who is on leave (termi-
nal, temporary, vacation, emergency, or
sick); or
(v) employee who is on strike or who
is involved in a lockout.
SEC. 12. EVALUATION.
(a) EVALUATION BY THE INSTITUTE.—
(1) FINAL EVALUATION.—
(A) EVALUATION.—The Institute shall
conduct an evaluation of all youth apprentice-
ship demonstration programs to determine the
effectiveness of apprenticeship training and the
most effective youth apprenticeship program
structures for a nationwide youth apprentice-
ship program. The evaluation shall include an
analysis of—
(i) the ability of the programs to pre-
pare workers, particularly minorities and
women, for the technical workplace;
(ii) the ability of such programs to in-
crease the overall competency of the work
force in the United States;
(iii) the level of academic and tech-
nical skills acquired by an apprentice in
the programs;
(iv) the potential labor mobility of ap-
prentices;
(v) the effectiveness of combining on-
the-job training with classroom instruction;
(vi) the ability of the programs to en-
courage students to complete high school;
(vii) the ability of the programs to es-
tablish a more definite transition from
school to work;
(viii) the value of apprentices and the
effectiveness of the program according to
business; and
(ix) the direct and indirect costs and
benefits of the demonstration program to
the company and the individual student.
(B) REPORT.—The Institute shall prepare
and submit a report to the President, the Sec-
retary of Labor, the Secretary of Education,
the Committee on Labor and Human Resources
of the Senate and the Committee on Education
and Labor of the House of Representatives,
containing the evaluation described in subpara-
graph (A), and recommendations for legislative
reform. The Institute shall submit the report
not later than 9 months after the conclusion of
the youth apprenticeship demonstration pro-
grams.
(2) INTERIM EVALUATION.—
(A) EVALUATION.—Not later than 24
months after the initiation of the youth appren-
ticeship demonstration programs, the Institute
shall conduct an interim evaluation of the effec-
tiveness of all the demonstration programs, in-
cluding an assessment of the matters described
in paragraph (1)(A) to the extent that the nec-
essary data and information is available.
(B) REPORT.—The Institute shall prepare
and submit a report to the President, the Sec-
retary of Labor, the Secretary of Education,
the Committee on Labor and Human Resources
of the Senate and the Committee on Education
and Labor of the House of Representatives con-
taining the evaluation described in subpara-
graph (A). The Institute shall submit the report
not later than 33 months after the initiation of
the demonstration programs.
(b) EVALUATION BY PARTNERSHIPS.—
(1) DATA
COLLECTION
AND
ASSISTANCE.—
Each partnership that participates in a youth ap-
prenticeship demonstration program shall establish
data collection mechanisms consistent with the needs
of the Institute and provide to the Institute informa-
tion for, and assistance in conducting, the final eval-
uation described in subsection (a)(1) and the interim
evaluation described in subsection (a)(2).
(2) ANNUAL REPORT.—
(A) EVALUATION.—Each partnership that
participates in a youth apprenticeship dem-
onstration program shall conduct an annual
evaluation that contains summary information
on the implementation and operation of the
demonstration program including—
(i) the number and type of students
enrolled in apprenticeship training;
(ii) a description of the type of activi-
ties in which the youth apprentices are
participating, including the type of occupa-
tional training youth apprentices are re-
ceiving;
(iii) the effectiveness of the program
in keeping youth in school;
(iv) the reaction of businesses involved
in the training program; and
(v) any other information that the In-
stitute may require.
(B) REPORT.—Each such partnership shall
submit an annual report to the Institute con-
taining the information described in subpara-
graph (A).
SEC. 13. EXECUTIVE SCHEDULE.
Section 5314 of title 5, United States Code, is
amended by adding at the end the following:
‘‘Chairman, Board of Directors of the Institute
for Youth Apprenticeship.’’.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this Act $50,000,000 for fiscal year 1994, which shall re-
main available until expended.
SEC. 15. TERMINATION AND REPEAL.
(a) TERMINATION.—Not later than 69 months after
the initiation of the youth apprenticeship demonstration
programs, the Board and Institute shall be abolished, and
all programs established by this Act shall terminate.
(b) REPEAL.—Not later than 69 months after the ini-
tiation of the youth apprenticeship demonstration pro-
grams, this Act and the amendments made by this Act
shall be repealed.
Æ
HR 1112 IH——2
HR 1112 IH——3