PUBLIC LAW 97-300-OCT. 13, 1982 (2) representatives of educational agencies (representative of all educational agencies in the service delivery area), organized labor, rehabilitation agencies, community-based organizations, economic development agencies, and the public employment service. (b) The Chairman of the council shall be selected from among members of the council who are representatives of the private sector. (cX1XA) Private sector representatives on the council shall be selected from among individuals nominated by general purpose business organizations after consulting with, and receiving recommendations from, other business organizations in the service delivery area. The number of such nominations shall be at least 150 percent of the number of individuals to be appointed under subsection (a)(1). Such nominations, and the individuals selected from such nominations, shall reasonably represent the industrial and demographic composition of the business community. Whenever possible, at least one-half of such business and industry representatives shall be representatives of small business, including minority business. (B) For the purpose of this paragraph, the term (i) “general purpose business organizations" means organizations which admit to membership any for-profit business operating within the service delivery area; and (ii) "small business" means private for-profit enterprises employing 500 or fewer employees. (2) Education representatives on the council shall be selected from among individuals nominated by local educational agencies, vocational education institutions, institutions of higher education, or general organizations of such agencies or institutions, and by private and proprietary schools or general organizations of such schools, within the service delivery area. (3) The remaining members of the council shall be selected from individuals recommended by interested organizations. Labor representatives shall be recommended by recognized State and local labor organizations or appropriate building trades councils. (d)(1) In any case in which there is only one unit of general local government with experience in administering job training programs within the service delivery area, the chief elected official of that unit shall appoint members to the council from the individuals nominated or recommended under subsection (c). (2) In any case in which there are two or more such units of general local government in the service delivery area, the chief elected officials of such units shall appoint members to the council from the individuals so nominated or recommended in accordance with an agreement entered into by such units of general local government. In the absence of such an agreement, the appointments shall be made by the Governor from the individuals so nominated or recommended. (e) The initial number of members of the council shall be determined (1) by the chief elected official in the case described in subsection (d)(1), (2) by the chief elected officials in accordance with the agreement in the case described in subsection (d)(2), or (3) by the Governor in the absence of such agreement. Thereafter, the number of members of the council shall be determined by the council. 96 STAT. 1329 Chairman. Private sector representatives. Definitions. Education representatives. Chief elected official. OVERSIGHT ON IMPLEMENTATION OF THE JOB TRAINING PARTNERSHIP ACT TUESDAY, NOVEMBER 1, 1983 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON EMPLOYMENT OPPORTUNITIES, COMMITTEE ON EDUCATION AND LABOR, Washington, D.C. The subcommittee met, pursuant to call, at 9:30 a.m., in room 2261, Rayburn House Office Building, Hon. Augustus F. Hawkins (chairman of the subcommittee) presiding. Members present: Representatives Hawkins, Williams, Owens, Jeffords, Erlenborn, Goodling, Petri, and Nielson. Staff present: Susan McGuire, staff director; Carole Schanzer, deputy staff director; Terri Schroeder, administrative assistant; Beth Buehlmann, minority senior legislative associate; and Richard Johnson, associate counsel. Mr. HAWKINS. The Subcommittee on Employment Opportunities is called to order. I am pleased to commence the hearing this morning on the implementation of the Job Training Partnership Act. Today's hearing marks the first day of oversight of the Job Training Partnership Act since the bill was enacted last year. We are pleased to have the Department of Labor as our leadoff witness. We believe that this is an appropriate time for Congress and the administration to assess what has been achieved in each State with regard to implementation of the new law. The Job Training Partnership Act, which became fully effective on October 1 of this year represents the culmination of strong bipartisan support in both the House and Senate to continue Federal employment and training programs to train economically disadvantaged individuals for unsubsidized employment. This bipartisan support is not unique to JTPA inasmuch as Federal employment and training programs have enjoyed broad bipartisan support in the Congress for more than two decades. The subcommittee will closely monitor the effect of the changes that have been made with respect to client characteristics and the types and duration of training and other aspects of the problem. Since performance standards are a cornerstone of this legislation, the subcommittee is going to be particularly concerned with the results of this program. One of our chief concerns, however, stems from the perception that under JTPA there will be a push for highvolume, low-cost placement and that many SDA's will be "creaming" participants. (1) This new partnership clearly defines a role for the Federal Government, the States, local elected officials and the private sector. We want to insure that each of these partners does not abdicate its responsibility under the law or assume greater authority than mandated in the law. [Text of Public Law 97-300 follows:] 96 STAT. 1332 29 USC 1515. Publication. Submittal to Appeal. PUBLIC LAW 97-300-OCT. 13, 1982 (A) a description of activities conducted during the program year; (B) characteristics of participants; and (C) the extent to which the activities exceeded or failed to meet relevant performance standards. (c) If changes in labor market conditions, funding, or other factors require substantial deviation from an approved job training plan, the private industry council and the appropriate chief elected official or officials (as described in section 103(c)) shall submit a modification of such plan (including modification of the budget under subsection (b)(6)), which shall be subject to review in accordance with section 105. REVIEW AND APPROVAL OF PLAN SEC. 105. (a)(1) Not less than 120 days before the beginning of the first of the two program years covered by the job training plan(A) the proposed plan or summary thereof shall be published; and (B) such plan shall be made available for review and comment to (i) each house of the State legislature for appropriate referral; (ii) appropriate local educational and other public agencies in the service delivery area; and (iii) labor organizations in the area which represent employees having the skills in which training is proposed; and (C) such plan shall be reasonably available to the general public through such means as public hearings and local news facilities. (2) The final plan, or a summary thereof, shall be published not later than 80 days before the first of the two program years and shall be submitted to the Governor in accordance with section 103(d)(2). Any modification shall be published not later than 80 days before it is effective and shall be submitted to the Governor in accordance with such section. (b)1) The Governor shall approve the job training plan or modification thereof unless he finds that (A) corrective measures for deficiencies found in audits or in meeting performance standards from previous years have not been taken or are not acceptably underway; (B) the entity proposed to administer the program does not have the capacity to administer the funds; (C) there are inadequate safeguards for the protection of funds received; (D) the plan (or modification) does not comply with a particular provision or provisions of this Act or of regulations of the Secretary under this Act; or (E) the plan (or modification) does not comply with the criteria under section 121(b) for coordinating activities under this Act with related program activities. (2) The Governor shall approve or disapprove a job training plan (or modification) within 30 days after the date that the plan (or modification) is submitted, except that if a petition is filed under paragraph (3) such period shall be extended to 45 days. Any disapproval by the Governor may be appealed to the Secretary, who shall 28-555 0 - 84 - 2 PUBLIC LAW 97-300–OCT. 13, 1982 make a final decision of whether the Governor's disapproval complies with paragraph (1) of this subsection within 45 days after receipt of the appeal. 96 STAT. 1333 (3A) Interested parties may petition the Governor within 15 days Petition of the date of submission for disapproval of the plan or modification thereof if (i) the party can demonstrate that it represents a substantial client interest, (ii) the party took appropriate steps to present its views and seek resolution of disputed issues prior to submission of the plan to the Governor, and (iii) the request for disapproval is based on a violation of statutory requirements. (B) If the Governor approves the plan (or modification), the Gover- Petitioner, nor shall notify the petitioner in writing of such decision and the notification reasons therefor. (c)1) If a private industry council and the appropriate chief Service delivery elected official or officials fail to reach the agreement required areas. redesignation. under section 103 (b) or (d) and, as a consequence, funds for a service delivery area may not be made available under section 104, then the Governor shall redesignate, without regard to sections 101 (a)(4) and (c)(1), the service delivery areas in the State to merge the affected area into one or more other service delivery areas, in order to promote the reaching of agreement. (2) In any State in which service delivery areas are redesignated under paragraph (1), private industry councils shall, to the extent necessary for the redesignation, be reconstituted and job training plans modified as required to comply with sections 102 and 103. Services under an approved plan shall not be suspended while the council is reconstituted and the plan is modified. (d) In any case in which the service delivery area is a State, the Plan submittal. plan (or modification) shall be submitted to the Secretary for approval. For the purpose of this subsection, the Secretary shall have the same authority as the Governor has under this section. PERFORMANCE STANDARDS SEC. 106. (a) The Congress recognizes that job training is an investment in human capital and not an expense. In order to determine whether that investment has been productive, the Congress finds that— (1) it is essential that criteria for measuring the return on this investment be developed; and (2) the basic return on the investment is to be measured by the increased employment and earnings of participants and the reductions in welfare dependency. 29 USC 1516. Adult training (b)(1) The basic measure of performance for adult training programs under title II is the increase in employment and earnings and programs. the reductions in welfare dependency resulting from participation in the program. In order to determine whether these basic measures are achieved, the Secretary shall prescribe standards on the basis of appropriate factors which may include (A) placement in unsubsidized employment, (B) retention in unsubsidized employment, (C) the increase in earnings, including hourly wages, and (D) reduction in the number of individuals and families receiving cash welfare payments and the amounts of such payments. |