Pub. L. 102-367, tit. IV, sec. 403

NATIONAL ACTIVITIES.

EnactedYear: 1992Length: 2,882 wordsOfficial source
SEC. 403. NATIONAL ACTIVITIES. (a) In General.— Part D of title IV (29 U.S.C. 1731 et seq.) is amended— (1) in section 451, to read as follows: “NATIONAL PARTNERSHIP AND SPECIAL TRAINING PROGRAMS “Sec. 451. (a) Statement of Purpose.— It is the purpose of this section to— “(1) improve access to employment and training opportunities for individuals with special needs; “(2) help alleviate skill shortages and enhance the competitiveness of the labor force; “(3) meet special training needs that are best addressed on a multistate or industry-wide basis; and “(4) encourage the participation and support of all segments of society to further the purposes of this Act. “(b) Program Authorized.— The Secretary may establish a system of, and award, special grants to eligible entities to carry out programs that are most appropriately administered at the national level. “(c) Programs.— Programs that are most appropriately administered at the national level include— “(1) partnership programs with national organizations with special expertise in developing, organizing, and administering employment and training programs at the national, State, and local levels, such as industry and labor associations, public interest groups, community-based organizations representative of groups that encounter special difficulties in the labor market, and other organizations with special knowledge or capabilities in education and training; 106 STAT. 1078 “(2) programs that— “(A) address industry-wide skill shortages; “(B) meet training needs that are Best addressed on a multistate basis; and “(C) further the goals of increasing the competitiveness of the United States labor force; and “(3) programs that require technical expertise available at the national level to serve specialized needs of particular client groups, including at-risk youth, offenders, individuals of limited-English language proficiency, individuals with disabilities, women, immigrants, single parents, substance abusers, displaced homemakers, youth, older individuals, veterans, school dropouts, public assistance recipients, and other individuals who the Secretary determines require special assistance.”; (2) in section 452, to read as follows: “RESEARCH, DEMONSTRATION, AND EVALUATION “Sec. 452. (a) Statement of Purpose.— It is the purpose of this section to assist the United States in expanding employment opportunities and ensuring access to such opportunities for all who desire such opportunities. “(b) Program Established.— “(1) In general.— The Secretary shall establish a comprehensive program of training and employment research, utilizing the methods, techniques, and knowledge of the behavioral and social sciences and such other methods, techniques, and knowledge as will aid in the solution of the employment and training problems of the United States. “(2) Studies.— The program established under this section may include studies concerning— “(A) the development or improvement of Federal, State, local, and privately supported employment and training programs; “(B) labor market processes and outcomes, including improving workplace literacy; “(C) policies and programs to reduce unemployment and the relationships of the policies and programs with price stability and other national goals; “(D) productivity of labor; “(E) improved means of using projections of labor supply and demand, including occupational and skill requirements and areas of labor shortages at the national and subnational levels; “(F) methods of improving the wages and employment opportunities of low-skilled, disadvantaged, and dislocated workers, and workers with obsolete skills; “(G) methods of addressing the needs of at-risk populations, such as youth, homeless individuals and other dependent populations, older individuals, and other groups with multiple barriers to employment; “(H) methods of developing information on immigration, international trade and competition, technological change, and labor shortages; and “(I) methods of easing the transition from school to work, from transfer payment receipt to self-sufficiency, from one job to another, and from work to retirement. “(c) Pilot and Demonstration Programs.— 106 STAT. 1079 “(1) Program established.— “(A) In general.— The Secretary shall establish a program of pilot and demonstration programs for the purpose of developing and improving techniques and demonstrating the effectiveness of specialized methods in addressing employment and training needs. The Secretary may award grants and enter into contracts with entities to carry out the programs. “(B) Projects.— Such programs may include projects in such areas as— “(i) school-to-work transition; “(ii) new methods of imparting literacy skills and basic education; “(iii) new training techniques (including projects undertaken with the private sector); “(iv) methods to eliminate artificial barriers to employment; “(v) approaches that foster participation of groups that encounter special problems in the labor market (such as displaced homemakers, teen parents, welfare recipients, and older individuals); “(vi) processes that demonstrate effective methods for alleviating the adverse effects of dislocations and plant closings on workers and their communities; and “(vii) “(vii) cooperative ventures among business, industry, labor, trade associations, community-based organizations or nonprofit organizations to develop new and cost-effective approaches to improving work force literacy. “(2) Evaluation component.— Demonstration programs assisted under this subsection shall include a formal, rigorous evaluation component. Pilot programs assisted under this subsection shall include an appropriate evaluation component. “(3) Special rule.— No demonstration program under this subsection shall be assisted under this section for a period of more than 7 years. No pilot program under this subsection shall be assisted under this section for a period of more than 3 years. “(d) Evaluation.— “(1) Programs.— “(A) Job training programs.— The Secretary shall provide for the continuing evaluation of programs conducted under this Act, including the cost effectiveness of the program in achieving the purposes of this Act. “(B) Other programs.— The Secretary may conduct evaluations of other federally funded employment-related activities including programs administered under— “(i) the Wagner-Peyser Act (29 U.S.C. 49 et seq.); “(ii) the National Apprenticeship Act (29 U.S.C. 50 et seq.); “(iii) the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.); “(iv) chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.); and “(v) the Federal unemployment insurance program under titles III, IX, and XII of the Social Security106 STAT. 1080 Act (42 U.S.C. 501 et seq., 1101 et seq., and 1321 et seq.). “(2) Techniques.— “(A) Methods.— Evaluations conducted under paragraph (1) shall utilize sound statistical methods and techniques of the behavioral and social sciences, including random assignment methodologies if feasible. “(B) Analysis.— Such evaluations may include cost-benefit analysis of programs, the impact of the programs on community and participants, the extent to which programs meet the needs of various demographic groups, and the effectiveness of the delivery systems used by various programs. “(C) Effectiveness.— The Secretary shall evaluate the effectiveness of programs authorized under this Act with respect to— “(i) the statutory goals; “(ii) the performance standards established by the Secretary; and “(iii) the extent to which such programs enhance the employment and earnings of participants, reduce income support costs, improve the employment competencies of participants in comparison to comparable persons who did not participate in such programs, and, to the extent feasible, increase the level of total employment over the level that would have existed in the absence of such programs.”; (3) in section 453, to read as follows: “CAPACITY BUILDING, INFORMATION, DISSEMINATION, AND REPLICATION ACTIVITIES “Sec. 453. (a) National Strategy.— The Secretary shall develop a national strategy for carrying out the activities described in subsection (b)(2) and the replication of programs described in subsection (c), and shall ensure the implementation of the national strategy. “(b) Network.— “(1) Establishment.— “(A) In general.— The Secretary shall establish a Capacity Building and Information and Dissemination Network (referred to in this section as the ‘Network’) to enhance the effectiveness of and to strengthen the caliber of services provided through programs authorized under this Act and other Federal, State, and local employment and training programs. “(B) Administration.— The Secretary shall establish and maintain such Network— “(i) directly; “(ii) under an interagency agreement; or “(iii) through a grant or contract awarded on a competitive basis to a single entity, or to a system of entities coordinated by the Secretary, with appropriate expertise. “(2) Activities.— The Network shall— “(A) provide, coordinate, and support the development of, appropriate training, technical assistance, staff development, and other activities that will— 106 STAT. 1081 “(i) enhance the skills, knowledge, and expertise of the personnel who staff employment and training and other closely related human service systems, including service providers; “(ii) improve the quality of services provided to individuals served under this Act and other Federal employment and training programs and encourage integrated service delivery under such programs using— “(I) where cost effective, interactive communication systems and satellite technology; and “(II) where possible, staff trained in a variety of Federal human resource programs; “(iii) improve the planning, procurement, and contracting practices pursuant to this Act; and “(iv) provide broad human services policy and planning training to— “(I) private industry council volunteers; and “(II) where appropriate, members of State human resource investment councils and other State councils; “(B) prepare and disseminate staff training curricula and materials, primarily using computer-based technologies, for employment and training professionals and support staff, that focus on enhancing staff competencies and professionalism, including instruction on the administrative requirements of this Act, such as procurement and contracting standards and regulations; and “(C) (i) identify, develop, disseminate, and provide training in the techniques learned from, innovative and successful program models, materials, methods, and information, by using computer-based technologies for organizing a data base and dissemination and communication system for the Network, and establishing a computer-based communications and dissemination methodology to share information among employment and training personnel and institutions; and “(ii) in identifying such program models, ensure that consideration shall be given to— “(I) the size and scope of the program; “(II) the length of time that the program has been operating; “(III) the nature and reliability of measurable outcomes for the program; “(IV) the capacity of the sponsoring organization to provide the technical assistance necessary for States and service delivery areas to replicate the program; and “(V) the likelihood that the program will be successful in diverse economic, geographic, and cultural environments. “(3) Charges.— The Network may require cost-sharing to offset the actual costs of institute training, materials acquisition, or information dissemination. Any resulting income shall be used in accordance with section 141(m). 106 STAT. 1082 “(4) Coordination.— “(A) In general.— The Secretary shall consult with the Secretaries of Education and Health and Human Services, as appropriate, to coordinate the activities of the Network with other relevant institutes, centers, laboratories, clearinghouses, or dissemination networks, such as the National Diffusion Network. “(B) Coordination with replication grant program.— To the extent possible, the Network shall coordinate the activities of the Network with activities assisted under the replication grant program conducted under subsection (c). “(c) Replication.— “(1) Replication program authorized.— The Secretary shall make competitive grants to public or private nonprofit organizations for technical assistance, and to States and service delivery areas for planning and program development, to promote the replication of employment and training programs that are successful in improving the employment prospects of populations served under this Act and that are replicable on a large scale. In making such grants, the Secretary shall consider the recommendations described in paragraph (2)(B) of the review panel established under paragraph (2)(A) regarding such programs. “(2) Review panel.— “(A) Establishment.— The Secretary shall establish a review panel comprised of not more than 6 individuals appointed by the Secretary who are recognized experts in the operation and evaluation of employment and training programs for economically disadvantaged youth and adults, and dislocated workers. “(B) Recommendations.— The review panel shall make recommendations to the Secretary regarding model programs that the panel considers likely to be successful in improving such employment prospects of populations served under this Act and to be replicable on a large scale. “(C) Considerations.— In recommending such programs the review panel shall use the considerations described in subsection (b)(2)(C)(ii). “(D) Meetings.— The review panel shall meet not more than once each year to carry out the responsibilities described in this paragraph. “(E) Conflict of interest.— No member of such panel shall have a direct financial interest in or affiliation with a potential recipient of funds under the program authorized by this section. “(3) Applications.— “(A) Nonprofit organization.— Any public or private nonprofit organization desiring to receive such a grant to provide the technical assistance necessary for program replication may submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. “(B) State; service delivery area.— Any State or service delivery area desiring to receive such a grant for planning and program development associated with a rep-106 STAT. 1083lication effort shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. “(C) Contents.— Each application described in subparagraph (A) or (B) shall contain— “(i) a description of the program proposed for replication and available evidence of the success of the program in improving the employment prospects of economically disadvantaged youth and adults, and dislocated workers, within each such service delivery area; and “(ii) in the case of applications described in subparagraph (A), an assurance that the organization will enter into an agreement with the service delivery areas in which the program is to be replicated, to participate in the replication program. “(4) Grant limitations.— “(A) Limitation.—In any 3-year period the Secretary shall not approve grants for the same replication activities in more than 10 States or communities. During such 3-year period, the results of such limited replication efforts shall be carefully evaluated and examined by the Secretary regarding the advisability of replicating the model program in more than 10 States or communities or for longer than 3 years. “(B) Waiver.— The Secretary may waive the limitation set forth in subparagraph (A) for a program if immediate replication efforts on a larger scale are warranted by extensive evaluation of the program prior to designation as a model program under this subsection. “(5) Coordination.— To the extent possible, the Secretary shall coordinate the activities assisted under the replication grant program conducted under this subsection with the activities of the Network under subsection (b). The Secretary shall ensure that information on the programs replicated under this subsection shall be available through the Network. “(d) Management Capability.— “(1) Grants.— From the amounts reserved under, section 3(c)(2)(B)(ii)(III) for each fiscal year to carry out this subsection, the Secretary may award grants to States for the purpose of assisting the States in carrying out the activities described in section 202(c)(1)(A). “(2) Eligibility.— A State that receives an amount under section 202(c)(1)(A) for a fiscal year that is less than $500,000 shall be eligible to receive a grant under this subsection for the fiscal year. “(3) Amount of grant.— The amount of a grant awarded to a State for a fiscal year under paragraph (1) shall not exceed the lesser of— “(A) $100,000; or “(B) the difference obtained by subtracting from $500,000 the amount received by the State for the fiscal year under section 202(c)(1)(A). “(4) Award of grants.— In determining whether to award a grant to a State under paragraph (1), and in determining the amount of such a grant, the Secretary shall take into106 STAT. 1084 account the demonstrated need of the State to receive such a grant, as indicated by— “(A) the number of service delivery areas in the State; and “(B) the demonstrated insufficiency of resources of the State to administer State responsibilities under sections 121 and 122. “(5) Application.— To be eligible to receive a grant under this subsection for a fiscal year, a State shall submit an application at such time, in such manner, and containing such information as the Secretary may require, including sufficient information to enable the Secretary to make the determinations described in paragraph (4). “(6) Use of funds.— The Secretary shall make available to carry out subsections (b) and (c) any amounts reserved under section 3(c)(2)(B)(ii)(III) for a fiscal year and not expended to make grants under paragraph (1) for such year.”; (4) striking sections 454 through 456; and (5) (A) redesignating section 457 as section 456; and (B) striking the heading for section 456 (as redesignated by subparagraph (A)) and inserting “nontraditional employment demonstration program”. (b) Training and Technical Assistance.— Part D of title IV of the Act (29 U.S.C. 1671 et seq.) is amended by inserting after section 453 the following: “GUIDANCE ON ELIGIBILITY VERIFICATION “Sec. 454. (a) Establishment.— The Secretary shall provide guidance and technical assistance, to States and service delivery areas, relating to the documentation required to verify the eligibility of participants under parts A, B, and C of title II of this Act, particularly the hard-to-serve individuals specified in section 203(b) and subsections (b) and (d) of section 263. Such documentation shall, to the extent practicable, be uniform and standard. “(b) Guidance.— The guidance provided pursuant to subsection (a), while maintaining program integrity, shall— “(1) limit the documentation burden to the minimum necessary to adequately verify such eligibility; and “(2) ensure, to the extent practicable, that the documentation requirements shall not discourage the participation of eligible individuals. “(c) Contents.— The guidance provided pursuant to subsection (a) shall specifically address income eligibility, assessment, the determination regarding whether an individual is a hard-to-serve individual, and specific uniform or standardized documentation forms or procedures (including simplified standardized forms, automated intake procedures, and self-certification documents) and other documentation proxies (such as JOBS and Job Corps eligibility forms). “(d) Date.— The Secretary shall provide the guidance described in subsection (a) not later than December 18,1992.”.
Pub. L. 102-367, tit. IV, sec. 403: NATIONAL ACTIVITIES. | Justis AI