H.R. 1112 (103rd): Youth Apprenticeship Act of 1993

103rd Congress, 1993–1994. Text as of Feb 24, 1993 (Introduced).

Status & Summary | PDF | Source: GPO

HR 1112 IH

103d CONGRESS

1st Session

H. R. 1112

To establish youth apprenticeship demonstration programs, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

February 24, 1993

Mr. MCCURDY (for himself, Mr. NEAL of North Carolina, Mr. HUGHES, and Mr. FROST) introduced the following bill; which was read twice and referred to the Committee on Education and Labor


A BILL

To establish youth apprenticeship demonstration programs, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Youth Apprenticeship Act of 1993’.

SEC. 2. FINDINGS AND PURPOSE.

    (a) FINDINGS- Congress finds that--

      (1) many foreign countries, including Germany, Japan, Denmark, and Sweden, have national policies that--

        (A) are aimed at effective employment preparation of youth who do not seek a college education; and

        (B) include programs that provide occupational guidance to students and combine schooling with work experience;

      (2) in Germany, almost all eligible students apply for vocational training, which substantially reduces the risk of unemployment for young people, and German firms spend $18,000,000,000 annually on vocational training;

      (3) United States international competitiveness is being eroded because a substantial increase is occurring in jobs requiring greater skills and youth are unprepared to meet the new labor market demands;

      (4) partly as a result of inadequate skills in the work force, the productivity growth of the United States has slowed dramatically over the past 10 years, with the country taking almost 3 years to achieve the same productivity improvement previously achieved in 1 year;

      (5) while the United States still leads the world in productivity, the rate of productivity improvement is increasing much faster among competing nations;

      (6) the economic position of United States high school graduates who do not seek a college education is deteriorating, with real earnings of the graduates declining by 28 percent from 1973 to 1986;

      (7) about 9,000,000 of the 33,000,000 United States youth age 16 to 24, or 27 percent of the youth, lack the necessary skills to meet employer requirements for entry level positions;

      (8) in the United States, apprenticeship training programs are providing valuable training services to--

        (A) 300,000 apprentices enrolled in more than 40,000 federally registered programs; and

        (B) 100,000 apprentices participating in nonregistered programs;

      (9) attempts to expand apprenticeship training in the United States have been unsuccessful and the percentage of the civilian United States work force enrolled in federally registered apprenticeship programs fell from an already low .3 percent in 1970 to only .16 percent in 1987;

      (10) federally registered apprenticeship training programs do not provide assistance to the average high school graduate, as evidenced by the fact that--

        (A) fewer than 2 percent of United States high school graduates enter into youth apprenticeship training programs; and

        (B) the median age of United States apprentices is 25;

      (11) currently, there are at most approximately 3,500 United States high school students participating in school-to-work apprenticeship programs; and

      (12) school-to-work apprenticeship programs can--

        (A) allow students to become registered apprentices as the students complete high school;

        (B) produce positive outcomes for the students, schools, and employers; and

        (C) provide supervised work experience for the students during high school, promoting desirable work habits and developing knowledge and skills for the working world.

    (b) PURPOSE- The purpose of this Act is to develop and evaluate a range of youth apprenticeship programs that will--

      (1) establish partnerships between secondary and postsecondary schools, employers, labor organizations, and community and civic leaders to bridge the growing gap in skills, income, and opportunity between college bound and noncollege bound youth;

      (2) offer young people a better chance to gain marketable skills and incentives to remain in school and achieve better grades;

      (3) establish a systematic transition for students from school to work by combining work experience for youth with a work-related curriculum;

      (4) identify and develop competency standards for youth apprentices;

      (5) instill a sense of pride, self-esteem, and purpose in youth apprentices;

      (6) contribute to the public policy debate on youth apprenticeship programs; and

      (7) test a range of approaches to youth apprenticeship programs.

SEC. 3. DEFINITIONS.

    As used in this Act:

      (1) BOARD- The term ‘Board’ means the Board of Directors of the Institute.

      (2) DISADVANTAGED YOUTH- The term ‘disadvantaged youth’--

        (A) means an individual (other than an individual with a handicap) who--

          (i)(I) is an economically disadvantaged individual; or

          (II) has academic disadvantages; and

          (ii) requires special services and assistance in order to succeed in an apprenticeship training program; and

        (B) includes--

          (i) an individual who is a member of an economically disadvantaged family;

          (ii) a migrant;

          (iii) an individual with limited-English proficiency; and

          (iv) an individual who is identified as a potential dropout from a secondary school.

      (3) ECONOMICALLY DISADVANTAGED FAMILY; ECONOMICALLY DISADVANTAGED INDIVIDUAL- The terms ‘economically disadvantaged family’ and ‘economically disadvantaged individual’ mean a family and an individual, respectively, that the Institute, or a partnership participating in a youth apprenticeship demonstration program, determines to be low-income, according to the latest available data from the Department of Commerce.

      (4) INSTITUTE- The term ‘Institute’ means the Institute for Youth Apprenticeship, established in section 4.

      (5) PARTNERSHIP- The term ‘partnership’ means a coalition of secondary and postsecondary schools, employers, labor organizations, and community and civic leaders, formed for the purpose of operating a youth apprenticeship demonstration program.

      (6) POSTSECONDARY SCHOOL- The term ‘postsecondary school’ means a community college, junior college, technical institute, or area vocational school.

      (7) POSTSECONDARY SCHOOL DEMONSTRATION PROGRAM- The term ‘postsecondary school demonstration program’ means a demonstration program described in section 6(b)(3).

      (8) SECONDARY SCHOOL DEMONSTRATION PROGRAM- The term ‘secondary school demonstration program’ means a demonstration program described in section 6(b)(2).

      (9) YOUTH APPRENTICESHIP DEMONSTRATION PROGRAM- The term ‘youth apprenticeship demonstration program’ means a demonstration program described in paragraph (2) or (3) of section 6(b).

SEC. 4. INSTITUTE FOR YOUTH APPRENTICESHIP.

    (a) ESTABLISHMENT- There is established an Institute for Youth Apprenticeship that shall administer the programs established under this title. The Institute shall be an independent establishment, as defined in section 104 of title 5, United States Code.

    (b) COMPOSITION OF BOARD OF DIRECTORS- The Institute shall be administered by a Board of Directors. The Board shall be composed of 21 members, including--

      (1) a Chairperson, appointed by the President with the advice and consent of the Senate;

      (2) the Administrator of the Office of Work-Based Learning of the Department of Labor;

      (3) the Director of the Division of Vocational and Technical Education of the Department of Education; and

      (4) 18 members, appointed by the President--

        (A) who shall include--

          (i) nine individuals from among individuals nominated by the Speaker of the House of Representatives; and

          (ii) nine individuals from among individuals nominated on the joint recommendation of the Majority Leader of the Senate and the Minority Leader of the Senate; and

        (B) of whom--

          (i)(I) six individuals shall be representatives of the education community;

          (II) six individuals shall be representatives of labor and worker groups; and

          (III) six individuals shall be representatives of the business community; and

          (ii) individuals within each of the groups described in subclauses (I), (II), and (III) of clause (i) shall represent the national, State, and local community levels.

    (c) TERM- Each appointed member of the Board shall be appointed for a term of 5 years.

    (d) VACANCIES- Vacancies in the membership of the Board shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Board.

    (e) FEDERAL EMPLOYMENT-

      (1) MEMBERS- Members of the Board appointed under subsection (b)(4) shall not be employees or officers under section 2104 or 2105 of title 5, United States Code.

      (2) CHAIRPERSON- The Chairperson of the Board shall be an officer under section 2104 of title 5, United States Code.

    (f) SUIT- Members of the Board shall be immune from suit and legal process relating to acts performed by the members in their capacity, and within the scope of their functions, as members of the Board.

    (g) COMPENSATION AND REIMBURSEMENT OF EXPENSES-

      (1) UNCOMPENSATED SERVICE- Members of the Board who are not employees of the Federal Government shall not be compensated for the performance of duties for the Board.

      (2) TRAVEL EXPENSES- Each member of the Board shall receive travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons employed intermittently in the Government service, for each day the member is engaged in the performance of duties away from the home or regular place of business of the member.

    (h) QUORUM- A quorum shall consist of 14 members of the Board, except that 9 members may conduct a hearing.

    (i) MEETINGS- The Board shall meet at the call of the Chairperson or a majority of the members of the Board.

    (j) EXECUTIVE DIRECTOR- The Chairperson, in consultation with the Board, shall appoint an Executive Director for the Institute.

    (k) STAFF-

      (1) APPOINTMENT AND COMPENSATION- The Executive Director of the Institute may appoint and determine the compensation of such staff as the Board determines to be necessary to carry out the duties of the Institute.

      (2) LIMITATIONS- The rate of compensation for each staff member appointed under paragraph (1) shall not exceed the daily equivalent of the rate for level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day the staff member is engaged in the performance of duties for the Institute. The Executive Director of the Institute may otherwise appoint and determine the compensation of staff without regard to the provisions of title 5, United States Code, that govern appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, that relate to classification and General Schedule pay rates.

    (l) EXPERTS AND CONSULTANTS- The Executive Director of the Institute may obtain the services of experts and consultants and compensate such experts and consultants in accordance with section 3109(b) of title 5, United States Code, as the Board determines to be necessary to carry out the duties of the Institute.

    (m) DETAIL OF FEDERAL EMPLOYEES- On the request of the Board, the Secretary of Labor and the Secretary of Education shall detail, without reimbursement, any of the personnel of the Department of Labor and the Department of Education to the Institute as the Board determines to be necessary to carry out the duties of the Institute. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee.

    (n) TECHNICAL ASSISTANCE- On the request of the Board, the Secretary of Labor, the Secretary of Education, and the heads of other pertinent Federal agencies shall provide, without reimbursement, such technical assistance and administrative support services to the Institute as the Board determines to be necessary to carry out the duties of the Institute.

    (o) OBTAINING INFORMATION- The Executive Director of the Institute may secure directly from any Federal agency information necessary to enable the Institute to carry out the duties of the Institute, if the information may be disclosed under section 552 of title 5, United States Code. Subject to the previous sentence, on the request of the Executive Director of the Institute, the head of the agency shall furnish the information to the Institute.

    (p) GIFTS AND PRIVATE CONTRIBUTIONS- The Executive Director of the Institute may accept on behalf of the Institute gifts or contributions from private sources for the benefit of the Institute or to carry out any of the functions of the Institute. No gift or contribution shall be accepted if the gift or contribution is conditioned on any expenditure of funds by the Institute.

    (q) VOLUNTARY SERVICE- Notwithstanding section 1342 of title 31, the Chairperson of the Board may accept for the Board voluntary services provided by a member of the Board.

SEC. 5. ESTABLISHMENT OF YOUTH APPRENTICESHIP DEMONSTRATION PROGRAMS.

    After consultation with the Board, the Chairperson of the Board shall establish guidelines, criteria, and procedures for youth apprenticeship demonstration programs, including--

      (1) developing recommended guidelines for an appropriate curriculum for each occupational field within the programs, including postsecondary courses to enable apprentices to supplement training after completion of the programs;

      (2) establishing site criteria to be used in the selection of partnerships to develop and evaluate youth apprenticeship demonstration programs, including requirements that the programs be established in rural and urban areas in all regions of the country;

      (3) establishing criteria for apprenticeship occupations, including requirements that demand exist for skill training in the occupations and that the occupations offer a career ladder for apprentices;

      (4) establishing competency criteria for apprenticeships and trainers in specific occupational fields; and

      (5) establishing certification procedures for apprentices and trainers.

SEC. 6. CONTRACTS.

    (a) ESTABLISHMENT- Not later than 12 months after the date of enactment of this Act, the Executive Director of the Institute shall, to the extent appropriations are available, enter into contracts with eligible partnerships, to pay for the Federal share of developing and evaluating youth apprenticeship demonstration programs, in accordance with the requirements specified in section 7.

    (b) CONTRACTS-

      (1) IN GENERAL- The Board shall enter into contracts under this section with eligible partnerships that propose youth apprenticeship demonstration programs consistent with the criteria and procedures established under section 5.

      (2) SECONDARY SCHOOL DEMONSTRATION PROGRAMS-

        (A) IN GENERAL- The Board shall enter into contracts with eligible partnerships to establish demonstration programs at the secondary school level.

        (B) WAGE INCENTIVE DEMONSTRATION PROGRAM- The Board shall enter into a contract with an eligible partnership to establish at least one demonstration program in which the Institute shall pay for 50 percent of the cost of the apprenticeship wage.

        (C) DISADVANTAGED YOUTH DEMONSTRATION PROGRAM- The Board shall enter into a contract with an eligible partnership to establish at least one demonstration program that shall train disadvantaged youth.

      (3) POSTSECONDARY SCHOOL DEMONSTRATION PROGRAMS- The Board may enter into contracts with two eligible partnerships to establish demonstration programs that solely involve students at the postsecondary school level.

      (4) AWARDS- The Board shall enter into contracts under this section on a majority vote of the Board.

    (c) APPLICATION- To be eligible to enter into a contract under this section, a partnership shall submit an application to the Executive Director of the Institute at such time, in such manner, and containing such information as the Executive Director may require. At a minimum, the application shall include--

      (1) a description of the youth apprenticeship demonstration program proposed to be conducted by the partnership, including sufficient information to enable the Executive Director to determine whether the proposal of the partnership is consistent with the criteria and procedures specified in section 5;

      (2) an assessment of the future work force needs of each area in which a youth apprenticeship demonstration program will be established and the manner in which the program will help provide skilled workers to meet the needs;

      (3) a description of the activities to be offered through the youth apprenticeship demonstration program to students in the seventh grade or older;

      (4) a description of the manner in which each school, employer, or other representative of a partnership shall participate in the partnership;

      (5) a description of the manner in which the program will be administered by schools participating in the youth apprenticeship demonstration program, including the support and counseling staff available to students pursuing apprenticeships, which staff at a minimum shall include one full-time vocational counselor;

      (6) a description of the manner in which in-service training for teachers will be provided and the manner in which such training will--

        (A) be designed to train teachers to effectively implement apprenticeship training curricula;

        (B) provide for joint training for all the teachers in the partnership; and

        (C) provide for the training in weekend, evening, and summer sessions, institutes, or workshops;

      (7) a description of the manner in which training programs will be provided for counselors and the manner in which such training will be designed to enable counselors to more effectively--

        (A) recruit students for apprenticeship training programs;

        (B) ensure that such students successfully complete high school and the apprenticeship training program; and

        (C) assist such students in finding appropriate employment;

      (8) a description of courses to be offered to students considering or participating in the apprenticeship program;

      (9) a description of the work processes to which apprentices will be exposed;

      (10) a description of the manner in which apprentices shall be selected;

      (11) a description of the academic and technical skill levels to be achieved by apprentices on completion of the program;

      (12) a description of the apprenticeship wage and employee benefits offered;

      (13) an estimate of the amount of time to be spent by apprentices at the workplace during the school day;

      (14) a plan for monitoring and evaluating apprentices and the youth apprenticeship demonstration program within each partnership; and

      (15) an assurance that the partnership will comply with the matching requirement specified in subsection (d).

    (d) MATCHING REQUIREMENT-

      (1) FEDERAL SHARE- The Federal share of the costs of developing and evaluating youth apprenticeship demonstration programs shall be not more than 50 percent.

      (2) NON-FEDERAL SHARE- The non-Federal share of the costs may be in cash or in kind, fairly evaluated, including plant, equipment, and services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal share.

SEC. 7. YOUTH APPRENTICESHIP DEMONSTRATION PROGRAM REQUIREMENTS.

    (a) RESPONSIBILITIES- Each partnership that participates in a youth apprenticeship demonstration program shall be responsible for--

      (1) program and curriculum development;

      (2) coordination and quality assurances; and

      (3) provision of information to the Institute for the assessment and evaluation of apprentices and training programs.

    (b) SECONDARY SCHOOL DEMONSTRATION PROGRAMS-

      (1) IN GENERAL- The partnerships participating in secondary school demonstration programs shall provide apprenticeship training to students as appropriate for the grade level of the students.

      (2) SEVENTH THROUGH TENTH GRADE STUDENTS- The partnerships shall provide students in the seventh through tenth grades with an opportunity to learn about possible occupations through school courses, site visits, job sampling, and employer visits to schools. The partnerships shall also provide information about the youth apprenticeship demonstration program to the parents of students in the seventh through tenth grades.

      (3) TENTH GRADE STUDENTS- The partnerships shall provide students in the tenth grade with an opportunity to apply and interview for apprenticeships. 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 STUDENTS- 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 educational 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 program; and

        (B) in such a manner as to allow the students to graduate and receive a high school diploma with other members of their class.

      (5) HIGH SCHOOL GRADUATES- The partnerships shall structure the training and educational requirements of high school graduates so that students spend 75 to 80 percent of program time at work sites and draw on postsecondary schools for supplementary theory and skill courses. The youth apprenticeship demonstration programs shall allow students in technical fields to take basic skills courses and apply them toward an associate degree.

    (c) POSTSECONDARY SCHOOL DEMONSTRATION PROGRAMS- 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 PROGRAMS-

        (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 apprentices.

        (B) SUBSIDIZED WAGE- Employers participating 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 apprenticeship 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 apprenticeship wage equal to the wage rate described in section 6(a)(2) of the Fair Labor Standards Amendments of 1989 (29 U.S.C. 206 note).

    (e) TRAINING- Employers participating in the postsecondary 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 apprenticeship 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- Apprentices 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 requirements 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 Amendments of 1972 (20 U.S.C. 1681 et seq.), the Rehabilitation 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 responsibility for the administration of a youth apprenticeship 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 consistent with the religious tenets of the organization.

    (c) RULES AND REGULATIONS- The Chairperson of the Board shall promulgate rules and regulations to provide for the enforcement of this section, including provisions 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 appropriate district court of the United States against any organization or partnership under this Act that violates this subsection.

SEC. 10. NOTICE, HEARING, AND GRIEVANCE PROCEDURES.

    (a) IN GENERAL-

      (1) SUSPENSION OF PAYMENTS- The Chairperson of the Board may in accordance with the provisions of this Act, suspend or terminate payments under a contract providing assistance under this Act whenever the Chairperson determines there is a material failure to comply with this Act or the applicable terms and conditions of any contract entered into under this Act.

      (2) PROCEDURES TO ENSURE ASSISTANCE- The Chairperson of the Board shall prescribe procedures 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 recording shall be made of a hearing conducted under this section and shall be available for inspection by any individual.

    (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 interested individuals concerning programs that receive 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 grievance conducted under this subsection shall be conducted not later than 30 days after the filing of the grievance.

        (B) DECISION- A decision on any grievance 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 arbitration 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 proceeding concerning such grievance.

        (D) COST- The cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration.

      (5) PROPOSED PLACEMENT- If a grievance is filed regarding a proposed placement of a participant 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 apprenticeship 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 activities provided by the State or local government agency in the locality that the entity resides in, unless the requirements of subsection (b) are met.

    (b) Nondisplacement-

      (1) IN GENERAL- An employer shall not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving assistance 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 opportunity of an employed individual.

      (3) LIMITATION OF SERVICES-

        (A) DUPLICATION OF SERVICES- A participant 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 assigned duties of the employee.

        (B) SUPPLANTATION OF HIRING- A participant 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 reduction in force;

          (iv) employee who is on leave (terminal, 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 apprenticeship demonstration programs to determine the effectiveness of apprenticeship training and the most effective youth apprenticeship program structures for a nationwide youth apprenticeship program. The evaluation shall include an analysis of--

          (i) the ability of the programs to prepare workers, particularly minorities and women, for the technical workplace;

          (ii) the ability of such programs to increase the overall competency of the work force in the United States;

          (iii) the level of academic and technical skills acquired by an apprentice in the programs;

          (iv) the potential labor mobility of apprentices;

          (v) the effectiveness of combining on-the-job training with classroom instruction;

          (vi) the ability of the programs to encourage students to complete high school;

          (vii) the ability of the programs to establish 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 Secretary 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 subparagraph (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 programs.

      (2) INTERIM EVALUATION-

        (A) EVALUATION- Not later than 24 months after the initiation of the youth apprenticeship demonstration programs, the Institute shall conduct an interim evaluation of the effectiveness of all the demonstration programs, including an assessment of the matters described in paragraph (1)(A) to the extent that the necessary data and information is available.

        (B) REPORT- The Institute shall prepare and submit a report to the President, the Secretary 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 subparagraph (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 apprenticeship demonstration program shall establish data collection mechanisms consistent with the needs of the Institute and provide to the Institute information for, and assistance in conducting, the final evaluation 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 demonstration 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 activities in which the youth apprentices are participating, including the type of occupational training youth apprentices are receiving;

          (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 Institute may require.

        (B) REPORT- Each such partnership shall submit an annual report to the Institute containing the information described in subparagraph (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 remain 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 initiation of the youth apprenticeship demonstration programs, this Act and the amendments made by this Act shall be repealed.