Madam Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 803) to reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more…
Madam Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 803) to reform and strengthen the workforce investment system of the Nation to put Americans back to work and make the United States more competitive in the 21st century.
Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 803.
Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of the Workforce Innovation and Opportunity Act.
Men and women across the country are struggling to make ends meet. Many have lost a job, and others are working more for less. Learning a new skill or trade can open the door to that next opportunity a worker desperately needs, yet, too often, flawed policies stand in the way.
Quite frankly, our Nation's job training system is broken. We have too
many ineffective programs, too much bureaucracy, and very little accountability. The voices of job creators are stifled, State and local leaders are tied up in red tape, and hard-earned taxpayer dollars are wasted.
We have known about these problems for years but have failed to act, until now. We have an opportunity to advance reforms that will help all Americans compete and succeed in today's workforce.
The Workforce Innovation and Opportunity Act is based on four principles necessary for a modern, efficient, and effective job training system:
First, the bill streamlines a confusing maze of Federal programs and mandates. Let's make it easier for workers to access the support they need to get back to work.
Second, the bill promotes skills training for in-demand jobs. It is time to prepare workers for the jobs of the future, not the jobs of the past.
Third, the bill will reduce unnecessary bureaucracy and administrative costs. We need to stop squandering money on a bloated bureaucracy and start ensuring these limited resources go to workers in need.
Fourth and finally, this act provides strong accountability over the use of taxpayer dollars. We will know whether the taxpayer investment is paying off and impose real consequences when a program isn't getting the job done.
Last year, the House passed job training reform legislation known as the SKILLS Act. The bill incorporated these principles, and I am pleased they are reflected in the bipartisan, bicameral agreement before us today.
Is this a perfect solution? No, it is not. In some areas, I wish we could have done more. But will this agreement protect taxpayers and deliver the kind of employment support workers need to get back on their feet? I believe it will, and I urge my colleagues to support it.
Before closing, Madam Speaker, I would like to thank some of my colleagues who helped make this possible. Congresswoman Virginia Foxx, chair of the Workforce Training Subcommittee, is, without a doubt, the leading champion for a stronger, more accountable workforce development system.
Mr. George Miller, senior Democrat on the Education and the Workforce Committee, is no stranger to this issue and remains a tireless advocate for America's workers.
I am grateful for the leadership of Senators Tom Harkin and Lamar Alexander, the chairman and ranking member of the Health, Education, Labor, and Pensions Committee, and hope this is one of many bicameral compromises we reach this year.
I would also like to thank Mr. Buck McKeon, former chairman of the Education and the Workforce Committee, as well as Representatives Ruben Hinojosa and Joe Heck.
And last but not least, Senator Patty Murray and my good friend Senator Johnny Isakson were both instrumental in our work.
Finally, Madam Speaker, we wouldn't be here today without the hard work of our staffs. The majority and minority staffs of the relevant House and Senate committees put in more hours than they care to remember.
Unfortunately, there isn't time to recognize them all; however, a few stand out on our side of the aisle that merit mention.
Juliane Sullivan, the committee's staff director, is a trusted adviser who helped us navigate the choppy waters that arose along the way. Brad Thomas helped ensure the bill addresses the unique needs of Americans with disabilities. James Bergeron, our former director of education policy, left the committee before this compromise was announced, but his knowledge and expertise are present on every page of this agreement. And finally, Rosemary Lahasky, whose passion and dedication kept this effort moving forward when it seemed like it couldn't get done. There simply aren't enough words to describe Rosemary's incredible contribution. We are all grateful for her service.
With that, Madam Speaker, I urge my colleagues to support the Workforce Innovation and Opportunity Act, and I reserve the balance of my time.
Madam Speaker, now I am very, very pleased to yield 4 minutes to the gentlewoman from North Carolina (Ms. Foxx), the principal author of the SKILLS Act, which got this ball rolling.
Madam Speaker, it is now my great pleasure and honor to yield 1 minute to the gentleman from Virginia (Mr. Cantor), the majority leader.
Mr. Speaker, I now yield 1 minute to the gentleman from Michigan (Mr. Walberg), the chair of the Subcommittee on Workforce Protections.
Madam Speaker, may I inquire as to the time remaining on each side?
Madam Speaker, now, I am pleased to yield 1 minute to the gentleman from Tennessee, Dr. Roe, the chair of the Subcommittee on Health, Employment, Labor, and Pensions.
Madam Speaker, I now yield 1 minute to the gentleman from Nevada, Dr. Heck, another key member of the committee.
Madam Speaker, now, I would like to yield 2 minutes to the gentleman from Kentucky (Mr. Guthrie), another member of the committee.
Madam Speaker, now, I would like to yield 1\1/2\ minutes to the gentleman from Pennsylvania (Mr. Kelly), a member of the committee.
Madam Speaker, I now yield 1\1/2\ minutes to the gentlewoman from Indiana (Mrs. Brooks), another member of the committee.
Madam Speaker, I now yield 2 minutes to the gentleman from Indiana (Mr. Rokita), the chair of the Subcommittee on Early Childhood, Elementary, and Secondary Education.
Madam Speaker, may I inquire as to how much time remains on each side?
Madam Speaker, I have two speakers who will apparently not make it to the floor, so I reserve the balance of my time to close.
Madam Speaker, I yield myself the balance of my time.
We have heard a lot of conversation today about the bipartisan and bicameral nature of this, and it certainly is. I want to take a couple of minutes to clear up a couple of misinformation items that are out there.
One, it was suggested that this paid no attention to sequestration; it was sort of a runaway spending. The funds authorized in this bill are entirely consistent with the Budget Control Act, I would like to reassure my colleagues on both sides.
And then someone said this was a conference report, and I understand where they might have that understanding because we are treating it much as a conference report. The technical facts are that the House passed a bill, the SKILLS Act. The Senate committee moved a bill, but it didn't move to the Senate floor. Even despite that, we were able to step forward and treat this in a very bipartisan, bicameral way, working towards a compromise so that we could pass it in the Senate.
Again, I want to thank all of my Senate colleagues on both sides of the aisle for working very, very hard to get this through the Senate and its quite interesting processes and my colleagues on both sides of the aisle here for taking it up right away when it has come back from the Senate so that we can pass this bill and get it to the President for signature and help those 4.5 million Americans get back to work, help the employers get the employees they need, and we can help the American taxpayer, as my friend Mr. Kelly said, by making the system more accountable and more responsible.
With that, Madam Speaker, I urge my colleagues to support this legislation.
I yield back the balance of my time.
Madam Speaker, I submit the following explanation of Manager's Views for H.R. 803. The entire Statement of Managers to Accompany the Workforce Innovation and Opportunity Act can be found in the Congressional Record on June 25, 2014 (beginning on S3982) and on the Committee on Education and the Workforce website at www.edworkforce.house.gov.
IV. Explanation of the Bill and Managers' Views
Sections 1, 2, and 3. Sections 1, 2, and 3 describe the
short title for the bill, the Workforce Innovation and
Opportunity Act; include the purposes of the Act; and state
the definitions for the Act, which are intended to have the
same meaning under each program authorized under the Act
unless otherwise stated. The definitions identify the ``core
programs'' under the Act, which consist of title I State
grant programs; title II adult education programs; the
employment service under title III amendments to the Wagner-
Peyser Act; and State vocational rehabilitation programs
under title IV.
Title I--Workforce Development Activities; Providers; Job Corps;
National Programs; and Administration
Title I of the underlying bill includes the primary
components of State and local area workforce development
systems as well as several national programs for youth and
special populations. In order to strengthen and streamline
the workforce system, the title focuses on changes to
governance, including reducing the number of required board
members at the State and local level; requiring one, unified
State plan; and promoting local workforce areas more closely
aligned to labor markets and economic development regions
while preserving a locally driven workforce system. The bill
also promotes the themes of providing employment services and
workforce development along a career pathway for
participants, and education training in line with in-demand
industry sectors and occupations for a region.
Workforce Boards
In order for boards to be more strategic, the bill reduces
the number of required board members at both the State and
local level. The boards remain a business majority with a
business chairperson, while the representation for the
workforce is increased. At the local level, with the
exception of the core programs under the Act, the one-stop
partners are no longer required members.
Workforce Plans
To support a strategic, comprehensive, and streamlined
system, the bill requires one, unified State plan, covering
four years, to meet the requirements for each of the core
programs The plan also requires a description of the State's
overall strategy for workforce development and how the
strategy will help meet identified skill needs for workers,
job seekers and employers in the State. This unified plan
will improve service delivery to individuals as well as
reduce administrative costs and reporting requirements at the
State level. In order to promote a one-stop system that
accommodates the needs of individuals with disabilities, the
State and local plans must include a description of how the
one-stop system in the State will comply with the applicable
requirements of section 188 and the Americans with
Disabilities Act
regarding the accessibility of programs and facilities for
people with disabilities.
Workforce Development Areas
In order to maintain the balance between governors and
local elected officials, the bill requires States to consult
with local boards and chief elected officials in order to
identify local areas and planning regions that are in
alignment with labor markets and regional economic
development areas. The bill allows for initial and subsequent
designations based on performance, fiscal integrity, and
participation in regional coordination activities, including
regional planning, information sharing, pooling of
administrative costs, and coordination of service delivery.
Performance Accountability
In order to promote increased transparency about the
outcomes of Federal workforce programs, the bill includes six
primary indicators of performance for adults served under
programs authorized under the Act, and six primary indicators
for youth served under the Act. Commonality among the
indicators will allow policymakers, program users, and
consumers to better understand the value and effectiveness of
the services. The managers recognize that for those
participants who have low levels of literacy skills, or who
are English language learners, the acquisition of basic
English literacy and numeracy skills are critical steps to
obtaining employment and success in postsecondary education
and training. Therefore, the term ``measurable skill gains''
referred to under indicator V in this section for adults and
youth, is intended to encourage eligible providers under
title II to serve all undereducated, low-level, and under
prepared adults. The managers agree that reporting and
evaluation requirements are important tools in measuring
effectiveness, especially for the core programs. Therefore,
the legislation includes performance reports to be provided
at the State, local and eligible training provider levels, as
well as evaluations of the core programs by States.
One-Stop Infrastructure
To improve the quality of the one-stop delivery system, the
bill requires the State board, in consultation with chief
local elected officials and local boards, to establish
criteria for use by the local board in assessing the
effectiveness, physical and programmatic accessibility, and
continuous improvement of one-stop centers and delivery
systems at least every three years. Regarding infrastructure
funding for one-stop centers, the bill maintains requirements
for the mandatory one-stop partners in a local area to reach
a voluntary agreement, in the form of a memorandum of
understanding, to fund the costs of infrastructure, other
shared costs, and how the partners will deliver services
under the system. If local areas fail to come to an agreement
regarding sufficient funding of one-stop infrastructure
costs, a State one-stop infrastructure funding mechanism can
be imposed for those local areas. Mandatory partner program
contributions, pursuant to the State one-stop infrastructure
funding mechanism, are based on the proportionate use of the
one-stop centers and subject to specified caps.
Employment and Training Activities
For youth, the bill utilizes the existing formula to allot
funds to States for youth services. It improves upon existing
youth services by placing a priority on out-of-school youth
(75 percent of funding at the State and local level), and
focusing on career pathways for youth, drop-out recovery
efforts, and education and training that lead to the
attainment of a high school diploma and a recognized
postsecondary credential. A priority is also included for
work-based learning activities.
For adults and dislocated workers, the bill utilizes the
existing formulas with the inclusion of a minimum and maximum
allotment percentage for the dislocated worker formula
beginning in fiscal year 2016. The managers believe the
addition of the minimum and maximum percentages will help
bring stability to the only formula that currently does not
include such mechanisms, and will reduce funding volatility
for States year to year. The bill preserves the governor's 15
percent set aside for statewide activities.
To eliminate the perceived ``sequence of services'' under
current law, requiring an individual to proceed through core
and intensive services before training eligibility can be
determined, the bill consolidates core and intensive services
into a new ``career services'' category. While the services
remain similar to those under current law, the structure is
intended to provide more flexibility to one-stop staff in
determining a participant's need for training. Local boards
are required to convene, use, or implement industry or sector
partnerships. The bill also improves upon the mechanisms for
local boards to provide education and training to eligible
participants by adding the following optional methods, under
certain guidelines, for training--contracting for classes of
training for multiple participants or on a pay-for
performance basis; incumbent worker training; and
transitional jobs strategies. Finally, the title includes
authorization levels for appropriations for the State grant
programs
Job Corps
The bill improves upon the current Job Corps program by
strengthening the contracting requirements for centers,
requiring the program use the performance accountability
indicators for youth described in section 116 and
strengthening reporting requirements, and allowing the
Department of Labor to provide technical assistance to
centers. The bill includes requirements for a financial
report and a third party review of the program every five
years. The bill also includes a provision allowing operators
of a high-performing center, defined by performance criteria,
to be eligible to compete in any procurement process for that
center. Where there is not sufficient performance information
for the time period required under section 147(b)(2)(B) or
section 147(b)(3) due to the effects of a natural disaster or
the participation of the center in a performance pilot
program, it is the intent of the managers the Secretary apply
the provisions of that section to any performance information
that is available to the Secretary from the relevant period
preceding the time the determination under that provision is
made. This would allow entities operating the center to have
an opportunity to meet performance requirements allowing them
to compete where the absence of complete information is not
the fault of the operating entity.
National Programs
The bill reauthorizes the Native American program; the
Migrant and Seasonal Farmworker program; and YouthBuild. It
also includes provisions for National Dislocated Worker
Grants; technical assistance under title I; and evaluations,
research, studies and multistate projects conducted by the
Secretary of Labor. The bill requires the Secretary of Labor
to conduct a multistate study on strategies for placing
individuals in jobs and education and training programs that
lead to equivalent pay for men and women, including the
participation of women in high-wage, high-demand occupations
in which women are underrepresented. We believe this is
important because a key element of raising women's wages is
to provide access to occupations that are predominantly held
by men, pay well, and are in demand in the economy. Many
occupations today are still dominated by one gender, with
more than 75 percent of the jobs in that occupation held by
men or by women. Jobs that are predominantly held by men--in
industries like transportation, manufacturing, or
construction trades--often pay considerably more than jobs
traditionally held by women, such as child care workers,
health care workers, clerical workers, or workers in retail
or other service sectors industries. The managers expect the
Secretary to review existing programs and research, State
laws and initiatives, and any other relevant project, to
determine successful strategies for placement and retention
of women in relevant training or jobs and to provide States
and localities with the information, tools, and assistance
they need to develop programs and activities that will
replicate such strategies. We request completion of this
project within eighteen months of enactment.
The bill requires an independent evaluation of the
activities under title I at least once every four years for
the purpose of improving the management and effectiveness of
programs and activities. In recognition of the changing
demands of the economy, the bill allows the YouthBuild
program to expand into additional in-demand industry sectors
or occupations in the region.
The bill includes authorization of appropriations for the
programs under subtitle D.
Administration
The bill adds restrictions against lobbying activities with
funds under this title. The managers do not intend for these
provisions to restrict awareness or outreach activities
regarding services and activities under title I.
Title II--The Adult Education and Family Literacy Act
In reauthorizing title II, the Adult Education and Family
Literacy Act, the bill places an emphasis on ensuring States
and local providers offer basic skills, adult education,
literacy activities, and English language acquisition
concurrently or integrated with occupational skills training
to accelerate attainment of secondary school diplomas and
postsecondary credentials. Making sure these skills are
solidly in place for all students is a priority. The bill
also emphasizes utilization of a career pathway approach for
adult learners to support transitions to postsecondary
education or training and employment opportunities.
The bill requires all adult basic education and literacy
programs to use the same set of primary indicators of
performance accountability outlined for all employment and
training activities authorized under this Act. Individuals
receiving these services should be able to use these skills
in obtaining a regular secondary school diploma or its
recognized equivalent, obtaining full time employment,
increasing their median earnings, and enrolling in
postsecondary education or training, or earning a recognized
postsecondary credential.
It is essential for adult educators to work closely with
workforce development stakeholders in the State, including
State and local workforce boards. To help in achieving a
seamless statewide workforce development system, the bill
requires title II programs to submit a unified State plan
with the other core programs within this Act. The bill also
provides funds for States to use in offering eligible
providers of adult education technical assistance, providing
professional development training to improve the instruction
and outcomes for adult learners, and conducting evaluations.
It encourages State and local leaders to provide activities
contextually and concurrently with workforce preparation and
training activities for a specific occupation or
occupational cluster for
the purpose of educational and career advancement.
The bill authorizes national activities to assist States
and local providers in developing valid, measurable, and
reliable performance data, and in using such performance
information for the improvement of adult education and family
literacy education programs. The bill also includes
provisions to support research and evaluation of adult
education activities at the national level. Finally, the bill
places an emphasis on integrating English literacy with
civics education, as well as adult education and occupational
training activities.
Title III--Amendments to the Wagner-Peyser Act
Title III of the Workforce Innovation and Opportunity Act
makes amendments to the Wagner-Peyser Act of 1933, which
authorizes the public employment services and the employment
statistics system. Amendments to the Wagner-Peyser Act
generally maintain current law but also reflect the need to
align the statute with the other changes in the bill such as
including the State employment services in the unified State
plan; aligning performance accountability indicators with
those indicators used for core programs--as described in
section 116 of title I; renaming ``employment statistics'' to
the ``workforce and labor market information system'' and
updating the Workforce Information Council; and providing for
staff professional development in order to strengthen the
quality of services. Authorization of appropriations for the
workforce and labor market information system and the
workforce information council is provided for each of the
fiscal years of 2015 through 2020.
Title IV--Amendments to the Rehabilitation Act of 1973
Title IV of the Workforce Innovation and Opportunity Act
amends and reauthorizes the Rehabilitation Act of 1973. The
Rehabilitation Act was last reauthorized in 1998.
The Rehabilitation Act is an important law for individuals
with disabilities, particularly those with significant
disabilities. It authorizes programs that affect the daily
lives of many individuals with disabilities, including the
vocational rehabilitation program (training, services, and
supports for employment); the independent living program; and
research and information on new technology to assist
individuals with disabilities.
There remains a critical need for employment and training
services for individuals with disabilities. Almost 25 years
after the passage of the Americans with Disabilities Act, it
is still difficult for many individuals with significant
disabilities to find full time employment that is
commensurate with their skills, interests, and goals. Yet
State vocational rehabilitation programs can play a
significant role in meeting this need by providing training,
services and supports for individuals with disabilities.
It is especially important to provide young people with
disabilities more opportunities to practice and improve their
workplace skills, to consider their career interests, and to
get real world work experience. Those activities are
prioritized in the amendments to the Act. For example, the
bill requires State vocational rehabilitation agencies to
make ``pre-employment transition services'' available to all
students with disabilities, and to coordinate those services
with transition services provided under the Individuals with
Disabilities Education Act. State vocational rehabilitation
programs will set aside at least 15 percent of their Federal
program funds to help young people with disabilities
transition from secondary school to postsecondary education
programs and employment.
In addition, these amendments establish a framework to
ensure every young person with a disability, regardless of
their level of disability, has the opportunity to experience
competitive, integrated employment. These requirements will
provide young people with disabilities with the opportunity
to develop their skills and to use supports, available
through State vocational rehabilitation programs, to
experience competitive, integrated employment as they leave
school and enter the workforce.
In order to better align the Independent Living program
that serves individuals with significant disabilities living
in the community with other similar efforts, the amendments
transition the administration of the Independent Living
program from the Department of Education to the Department of
Health and Human Services, Administration for Community
Living. The transition moves the program to an agency with a
lifespan and community focus and will better allow the
program to fulfill its goal to support ``independent living .
. . and the integration and full inclusion of individuals
with disabilities into the mainstream of American society.''
The amendments also incorporate ``independent living'' into
the name and mission of the National Institute on Disability
and Rehabilitation Research and similarly move that program's
administration from the Department of Education to the
Department of Health and Human Services, Administration for
Community Living in order to better align the program
priorities with agency goals and priorities.
Title V--General Provisions
The bill repeals the Workforce Investment Act of 1998 in
its entirety, replacing it with reforms to better serve
unemployed and underemployed workers as well as employers. In
doing so, authority is provided to the Secretaries of Labor,
Education, and Health and Human Services to establish a
smooth and orderly transition period to implement this Act.
Madam Speaker, the Workforce Innovation and Opportunity Act maintains without change from the Workforce Investment Act of 1998 a nondiscrimination requirement. The requirement not only prohibits participating organizations from discriminating against those who need job training assistance, but it also requires faith-based organizations to stop considering religion when hiring staff as the price of partnering with the federal government to help these job seekers.
The Religious Freedom Restoration Act of 1993 (RFRA) prohibits the government from substantially burdening religious exercise. RFRA applies to every federal law, and it protects the right of religious hiring, notwithstanding the restrictive language we just affirmed. This specific use of RFRA is explained in an extensive Office of Legal Counsel (OLC) memorandum dated June 29, 2007.
This use of RFRA to protect religious hiring by religious organizations even when a federal grant program prohibits it was recently reaffirmed by the Office on Violence Against Women (OVAW) of the Department of Justice. In reauthorizing the Violence Against Women Act (VAWA) last year, Congress inserted into the law a broad nondiscrimination requirement such as the one we maintain in today's workforce bill. On April 9, 2014, OVAW issued ``Frequently Asked Questions'' about [this new--should this read ``the VAWA''] nondiscrimination requirement. In Q and A 6, OVAW explained the OLC memorandum on RFRA's applicability and set out the way a religious organization that engaged in religious hiring may take part in VAWA- funded services despite the addition of the nondiscrimination requirement.
Q and A 6 further includes a link to a longstanding Department of Justice form, the Certificate of Exemption for Hiring Practices on the Basis of Religion, used by religious organizations to appeal under RFRA to participate in DOJ programs.
The religious hiring freedom is a vital freedom for religious organizations. Therefore I am pleased to stress this important protection found in the Religious Freedom Restoration Act.