HR 5774 IHCommentsClose CommentsPermalink

To provide effective employment, training, and career and technical education programs and to address barriers that result from family responsibilities, and to encourage and support individuals to enter nontraditional occupational fields.CommentsClose CommentsPermalink

April 10, 2008

Ms. LINDA T. SANCHEZ of California (for herself, Ms. DELAURO, Ms. BORDALLO, Mrs. CHRISTENSEN, Ms. JACKSON-LEE of Texas, Mr. LEWIS of Georgia, Mrs. MALONEY of New York, Mr. PAYNE, Ms. SUTTON, Mr. TOWNS, Ms. WATSON, and Mr. WELCH of Vermont) introduced the following bill; which was referred to the Committee on Education and LaborCommentsClose CommentsPermalink

To provide effective employment, training, and career and technical education programs and to address barriers that result from family responsibilities, and to encourage and support individuals to enter nontraditional occupational fields.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Pathways Advancing Career Training Act'.CommentsClose CommentsPermalink

SEC. 2. PURPOSE AND FINDINGS.

(a) Purpose- The purpose of this Act is--CommentsClose CommentsPermalink





(1) to create workforce pathways for individuals who face barriers during employment transitions and help to meet the employment needs of high-skilled, high-wage industries, including those facing significant skilled labor shortages;CommentsClose CommentsPermalink





(2) to provide assistance to States for effective employment and training programs to address barriers to employment that result from current or prior family responsibilities, including time out of the workforce to care for a child or family members; andCommentsClose CommentsPermalink





(3) to provide assistance to States for effective employment and training programs to encourage and support individuals to enter occupational fields that are nontraditional for their gender.CommentsClose CommentsPermalink





(b) Findings- Congress finds the following:CommentsClose CommentsPermalink





(1) A high quality, productive, and diverse workforce is necessary to compete in the global economy.CommentsClose CommentsPermalink





(2) Nearly 14,000,000 individuals in the United States are the sole breadwinners and caretakers for their families and nearly a third of them (31 percent) have family incomes below the poverty level.CommentsClose CommentsPermalink





(3) More than 7,000,000 individuals in the United States face barriers to entering or re-entering the workforce due to extended periods of time spent caring for family members, and nearly half of them (42 percent) have family incomes below the poverty level.CommentsClose CommentsPermalink





(4) Employment in high-skill, high-wage, nontraditional careers offers wages and advancement opportunities to help families achieve economic self-sufficiency.CommentsClose CommentsPermalink





(5) Job training and career and technical education programs continue to be highly sex-segregated, resulting in a dearth of female students filling the pipeline for jobs in the growing high-skill, high-wage labor market, especially in the areas of technology and the skilled trades.CommentsClose CommentsPermalink





(6) The employment and training needs of individuals who have taken time out of the workforce to care for children or family members, and individuals pursuing nontraditional occupations are not sufficiently met through existing systems.CommentsClose CommentsPermalink





(7) Individuals who face barriers during employment transitions represent an untapped workforce pool to address growing skilled labor shortages.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

Except as otherwise specified in this Act, as used in this Act the following definition apply:CommentsClose CommentsPermalink





(1) AREA CAREER AND TECHNICAL EDUCATION SCHOOL- The term `area career and technical education school' has the same meaning given such term in section 3(a)(22) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (20 U.S.C. 2302(a)(22)).CommentsClose CommentsPermalink





(2) COMMUNITY-BASED ORGANIZATION- The term `community-based organization' means a public or private nonprofit organization of demonstrated effectiveness that--CommentsClose CommentsPermalink





(A) is representative of a community or significant segments of a community; andCommentsClose CommentsPermalink





(B) provides educational, preparatory, training, or related services to individuals in the community.CommentsClose CommentsPermalink





(3) DISPLACED HOMEMAKER- The term `displaced homemaker' means an individual who--CommentsClose CommentsPermalink





(A)(i) has worked primarily without remuneration to care for a home or family and for that reason has diminished marketable skills; orCommentsClose CommentsPermalink





(ii) has been dependent on the income of another household member but is no longer supported by that income; orCommentsClose CommentsPermalink





(iii) is a parent whose youngest dependent child will become ineligible to receive assistance under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) not later than two years after the date on which the parent applies for assistance under the title; orCommentsClose CommentsPermalink





(iv) is a victim of domestic violence as defined by section 40002(a)(6) of the Violence Against Women Act of 1994 (42 U.S.C. 13701 note); andCommentsClose CommentsPermalink





(B) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.CommentsClose CommentsPermalink





(4) ELIGIBLE STATE AGENCY- The term `eligible State agency' means the State agency responsible for the administration of workforce investment activities authorized under the Workforce Investment Act of 1998.CommentsClose CommentsPermalink





(5) ELIGIBLE RECIPIENT- The term `eligible recipient' means a community-based organization, a one-stop operator, a post-secondary educational institution, a local educational agency providing education to students who have completed or left without completing secondary school, an area career and technical education school providing education to students who have completed or left without completing secondary school, a postsecondary vocational institution or other entity that has demonstrated an ability to meet the employment and training needs of displaced homemakers, single parents and individuals preparing for nontraditional training and employment.CommentsClose CommentsPermalink





(6) LOCAL EDUCATIONAL AGENCY- The term `local educational agency' has the same meaning given such term under section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).CommentsClose CommentsPermalink





(7) NONTRADITIONAL EMPLOYMENT- The term `nontraditional employment,' means, with respect to an individual, an occupation or field of work for which members of such individual's gender comprise less than 25 percent of the individuals employed in such occupation or field of work.CommentsClose CommentsPermalink





(8) ONE-STOP OPERATOR- The term `one-stop operator' means one or more entities designated or certified under section 121(d) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(d)).CommentsClose CommentsPermalink





(9) PREPARATORY SERVICES- The term `preparatory services' means services, programs, or activities designed to assist individuals in selecting or participating in an appropriate education or training program or in securing, retaining, or improving employment, such as--CommentsClose CommentsPermalink





(A) services, programs, or activities related to outreach in the recruitment of potential participants;CommentsClose CommentsPermalink





(B) career and personal counseling, including group counseling;CommentsClose CommentsPermalink





(C) life skills development, including financial literacy;CommentsClose CommentsPermalink





(D) vocational and skill assessment and testing;CommentsClose CommentsPermalink





(E) career planning;CommentsClose CommentsPermalink





(F) use of a self-sufficiency calculator to identify income needs and career paths that lead to self-sufficiency;CommentsClose CommentsPermalink





(G) job search and placement activities;CommentsClose CommentsPermalink





(H) pre-vocational training, including learning skills, remediation, communication skills, interviewing skills and resume writing, punctuality, professional conduct, pre-apprenticeship assistance, job readiness, and other services to prepare individuals to succeed in employment or training; andCommentsClose CommentsPermalink





(I) other appropriate services, programs, or activities.CommentsClose CommentsPermalink





(10) POSTSECONDARY EDUCATIONAL INSTITUTION- The term `postsecondary educational institution' has the same meaning given such term in section 3(a)(22) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (20 U.S.C. 2302(a)(22)).CommentsClose CommentsPermalink





(11) POSTSECONDARY VOCATIONAL INSTITUTION- The term `postsecondary vocation institution' has the same meaning given such term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)).CommentsClose CommentsPermalink





(12) SECRETARY- The term `Secretary' means the Secretary of Labor.CommentsClose CommentsPermalink





(13) SELF-SUFFICIENCY STANDARD- The term `self-sufficiency standard' means a measure of how much income families need to cover their basic costs without subsidies. It uses a consistent methodology that calculates the costs of living and working (including taxes) based upon sub-State geographic location and family size and composition.CommentsClose CommentsPermalink





(14) SINGLE PARENT- The term `single parent' means an individual who is unmarried, or has been abandoned by their spouse, and--CommentsClose CommentsPermalink





(A) has a minor child or children for which the parent has either full or joint custody; orCommentsClose CommentsPermalink





(B) is pregnant.CommentsClose CommentsPermalink





(15) SUPPORTIVE SERVICES- The term `supportive services' means services such as transportation, child care, dependent care, home health care for family members, and needs-based payments, that are necessary to enable an individual to participate in employment and training activities and retain employment.CommentsClose CommentsPermalink





(16) TRAINING- The term `training' means training or education related to the preparation of individuals for employment, including training activities authorized under section 134(d)(4)(D) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(d)(4)(D)) and career and technical education, as defined by section 3(a)(5) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (20 U.S.C. 2302(a)(5)).CommentsClose CommentsPermalink

SEC. 4. PROGRAM AUTHORIZED.

The Secretary of Labor is authorized to provide grants to States to enable such States to develop or enhance programs described in sections 9 and 10 of this Act.CommentsClose CommentsPermalink

SEC. 5. ALLOCATION.

(a) In General- After reserving the amount designated under section 12(c)(2) of this Act, the remaining funds appropriated shall be divided into 3 equal groups on the basis of--CommentsClose CommentsPermalink





(1) the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States;CommentsClose CommentsPermalink





(2) the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; andCommentsClose CommentsPermalink





(3) the relative number of disadvantaged adults in each State, compared to the total number of disadvantaged adults in all States.CommentsClose CommentsPermalink





(b) Definitions- For purposes of this section, the terms `substantial unemployment', `excess number of unemployed individuals', and `disadvantaged adult' have the meanings given such terms in section 132(b)(1)(B)(v) of the Workforce Investment Act of 1998 (29 U.S.C. 2862(b)(1)(B)(v)).CommentsClose CommentsPermalink





(c) Supplement Not Supplant- Funds provided under this Act shall be used to supplement not supplant other Federal, State, and local public funds expended to provide services to displaced homemakers, single parents, and individuals pursuing nontraditional employment.CommentsClose CommentsPermalink

SEC. 6. STATE PLAN.

(a) Submission of State Plan- For a State to be eligible to receive an allocation under section 5 the Governor of the State shall submit to the Secretary a plan for a 5-year period, together with such annual revisions as the eligible State agency determines to be necessary.CommentsClose CommentsPermalink





(b) Revisions and Review- Each eligible State agency shall--CommentsClose CommentsPermalink





(1) submit such annual revisions of the plan to the Secretary as the eligible State agency determines to be necessary; andCommentsClose CommentsPermalink





(2) after the second year of the 5-year State plan, conduct a review of activities assisted under this Act and submit any revisions of the State plan that the eligible State agency determines necessary to the Secretary.CommentsClose CommentsPermalink





(c) Plan Development- The eligible State agency shall develop the State plan in consultation with experts on serving displaced homemakers and single parents, experts on nontraditional employment, participants in employment and training programs for displaced homemakers and single parents, participants in employment and training programs for nontraditional employment, and any other individual the State considers necessary.CommentsClose CommentsPermalink





(d) Plan Contents- The State plan shall include information that--CommentsClose CommentsPermalink





(1) describes the employment and training activities to be provided under section 9 and 10 of this Act;CommentsClose CommentsPermalink





(2) describes the process for soliciting competitive applications and the criteria that will be used by the eligible State agency in awarding eligible recipients funds under this Act;CommentsClose CommentsPermalink





(3) describes how the eligible State agency will--CommentsClose CommentsPermalink





(A) annually evaluate the effectiveness of such programs; andCommentsClose CommentsPermalink





(B) coordinate such programs to ensure nonduplication with other existing Federal programs;CommentsClose CommentsPermalink





(4) provides assurances that the eligible State agency or agencies will comply with the requirements of this Act and the provisions of the State plan, including the provision of a financial audit of funds received under this Act which may be included as part of an audit of other Federal or State programs;CommentsClose CommentsPermalink





(5) provides assurances that none of the funds expended under this Act will be used to acquire equipment (including computer software) in any instance in which such acquisition results in a direct financial benefit to any organization representing the interests of the purchasing entity, the employees of the purchasing entity, or any affiliate of such an organization;CommentsClose CommentsPermalink





(6) describes how the eligible State agency will measure and report the progress of the students who are served pursuant to this Act, including progress on the indicators of performance described in section 7 of this Act; andCommentsClose CommentsPermalink





(7) describes the methods proposed for the joint planning and coordination of programs carried out under this Act with other Federal programs.CommentsClose CommentsPermalink





(e) Plan Option- The eligible State agency may fulfill the requirements of subsection (d) by submitting the plan required under this section as a part of the plan submitted under section 112 of the Workforce Investment Act of 1998 (29 U.S.C. 2822).CommentsClose CommentsPermalink





(f) Plan Approval- The Secretary shall consider a plan or revision of a State plan approved, unless the Secretary determines, within 120 days of submission, that the State plan, or revision, respectively, does not meet the requirements of this section.CommentsClose CommentsPermalink

SEC. 7. ACCOUNTABILITY.

(a) Purpose- The purpose of this section is to establish activities to assess the effectiveness of the State in creating workforce pathways for individuals with barriers to employment including single parents, displaced homemakers and individuals pursuing nontraditional training and employment, and to maximize the return on investment of Federal funds.CommentsClose CommentsPermalink





(b) Core Indicators of Performance for Displaced Homemaker and Single Parent Programs- Each eligible State agency shall identify in the State plan the process used to collect data on the core indicators of performance from eligible recipients that include, at a minimum, measures of each of the following:CommentsClose CommentsPermalink





(1) The core indicators of performance required by section 136(b)(2)(A)(i) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(2)(A)(i)) adjusted based upon--CommentsClose CommentsPermalink





(A) specific economic, geographic, and demographic factors in the State and in local workforce investment areas within the State;CommentsClose CommentsPermalink





(B) the characteristics of the population to be served;CommentsClose CommentsPermalink





(C) the demonstrated difficulties in serving the population; andCommentsClose CommentsPermalink





(D) the type of services to be provided.CommentsClose CommentsPermalink





(2) Participation in and completion of preparatory services.CommentsClose CommentsPermalink





(c) Core Indicators of Performance for Nontraditional Employment Programs- Each eligible State agency shall identify in the State plan the process used to collect data on the core indicators of performance from eligible recipients that include, at a minimum, measures of each of the following--CommentsClose CommentsPermalink





(1) The core indicators of performance required by section 136(b)(2)(A)(i) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(b)(2)(A)(i)) adjusted based upon:CommentsClose CommentsPermalink





(A) specific economic, geographic, and demographic factors in the State and in local workforce investment areas within the State;CommentsClose CommentsPermalink





(B) the characteristics of the population to be served;CommentsClose CommentsPermalink





(C) the demonstrated difficulties in serving the population; andCommentsClose CommentsPermalink





(D) the type of services to be provided.CommentsClose CommentsPermalink





(2) Participation in and completion of preparatory services.CommentsClose CommentsPermalink





(3) Participation in and completion of employment and training programs that lead to nontraditional training and employment.CommentsClose CommentsPermalink





(4) Placement in and retention of nontraditional employment.CommentsClose CommentsPermalink





(d) Additional Indicators- An eligible agency, with input from eligible recipients, may identify in the State plan additional indicators of performance for employment and training activities authorized under this Act, such as attainment of self-sufficiency.CommentsClose CommentsPermalink





(e) Annual Report by State Agency- Each eligible State agency shall transmit to the Secretary an annual report of data compiled in accordance with section 7(b) and (c) disaggregated by gender, race, age, disability, national origin, ethnicity, English proficiency status and status as a displaced homemaker, single parent, or individual training for nontraditional employment. The eligible State agency may submit the report required under this section as a part of the report submitted under section 136(d)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(d)(1)).CommentsClose CommentsPermalink





(f) Annual Report of the Secretary- The Secretary shall transmit to Congress annually a national report that describes the extent to which the purposes of the Act are being achieved. The Secretary's report shall include individual State annual reports and a compilation of those State reports with national data disaggregated by gender, race, age, disability, national origin, ethnicity, English proficiency status, and status as a displaced homemaker, single parent, or individual training for nontraditional employment.CommentsClose CommentsPermalink

SEC. 8. EVALUATION OF PROGRAMS FOR SINGLE PARENTS AND DISPLACED HOMEMAKERS AND PROGRAMS FOR NONTRADITIONAL EMPLOYMENT.

(a) Multi-Site Evaluation- The Secretary shall, through the award of competitive grants, contracts, or cooperative agreements with an independent institution of higher education, public or private nonprofit organization, or agency, conduct at least 1 multi-site evaluation under this section by the end of fiscal year 2012. Such an evaluation shall address--CommentsClose CommentsPermalink





(1) the general effectiveness of programs and activities described in sections 9 and 10 of this Act including:CommentsClose CommentsPermalink





(A) the extent to which such programs improved the self-sufficiency and employment outcomes of participants in comparison to comparably-suited individuals who did not participate in such programs;CommentsClose CommentsPermalink





(B) the extent to which programs described in section 9 of this Act improved the self-sufficiency and employment outcomes of participants in comparison to single parents and displaced homemakers who participated in non-specialized employment and training activities as authorized by section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864), but did not participate in programs described in sections 9;CommentsClose CommentsPermalink





(C) the extent to which programs described in section 10 of this Act improved the self-sufficiency and employment outcomes of participants in comparison to similarly situated individuals who participated in adult and dislocated worker employment and training activities as authorized by section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864), but did not participate in programs described in section 10 of this Act;CommentsClose CommentsPermalink





(D) the effectiveness of the performance measures described in section 7 of this Act relating to programs and activities described in sections 9 and 10 of this Act;CommentsClose CommentsPermalink





(E) the effectiveness of the structure and mechanisms for delivery of services through such programs and activities;CommentsClose CommentsPermalink





(F) the extent to which such programs and activities meet the needs of various demographic groups; andCommentsClose CommentsPermalink





(G) such other factors as may be appropriate.CommentsClose CommentsPermalink





(b) Methodology- Evaluations conducted under this section shall utilize appropriate methodology and research designs, including the use of control groups chosen by scientific random assignment.CommentsClose CommentsPermalink





(c) Report- The entity carrying out an evaluation described in subsection (a) shall prepare a report of key findings and submit copies to the Secretary, the Committee on Education and Labor of the House of Representatives, the Committee on Health, Education, Labor and Pensions of the Senate, and the Library of Congress. The Secretary shall make the report available to the public.CommentsClose CommentsPermalink

SEC. 9. PROGRAMS FOR SINGLE PARENTS AND DISPLACED HOMEMAKERS.

Each State may use funds allocated under section 5 of this Act to implement or carry out programs designed to provide single parents and displaced homemakers the following:CommentsClose CommentsPermalink





(1) Preparatory services.CommentsClose CommentsPermalink





(2) Subsidies, reimbursement, tuition assistance, or payment for preparatory services, and necessary educational materials (including books and supplies).CommentsClose CommentsPermalink





(3) The provision of information to inform individuals of career and technical education, training programs, and related preparatory and supportive services.CommentsClose CommentsPermalink





(4) Case management and supportive services.CommentsClose CommentsPermalink





(5) Training and other activities designed to fulfill the purpose of this Act.CommentsClose CommentsPermalink

SEC. 10. PROGRAMS FOR INDIVIDUALS ENTERING INTO NONTRADITIONAL EMPLOYMENT.

Each State may use funds allocated under section 5 of this Act to implement or carry out programs designed to assist individuals pursuing nontraditional training and employment, including the following:CommentsClose CommentsPermalink





(1) All services described in section 9.CommentsClose CommentsPermalink





(2) Mentoring.CommentsClose CommentsPermalink





(3) Pre-apprenticeship assistance.CommentsClose CommentsPermalink





(4) Other activities designed to increase the number of individuals pursuing nontraditional employmenty, including--CommentsClose CommentsPermalink





(A) dissemination of information to inform individuals about nontraditional employment;CommentsClose CommentsPermalink





(B) ensuring a fair and respectful learning environment in career and technical education and training programs; andCommentsClose CommentsPermalink





(C) creating and distributing replicable model programs and materials that increase participation, completion, and placement rates.CommentsClose CommentsPermalink

SEC. 11. WITHIN STATE ALLOCATION AND ADMINISTRATION.

(a) Reservation for State Activities- From the amounts allocated under section 5--CommentsClose CommentsPermalink





(1) not more than 5 percent shall be reserved for State administration;CommentsClose CommentsPermalink





(2) not less than 25 percent shall be used to provide programs for single parents and displaced homemakers, as described in section 8 of this Act; andCommentsClose CommentsPermalink





(3) not less than 25 percent shall be used to provide programs for individuals training for nontraditional employment as described in section 9 of this Act.CommentsClose CommentsPermalink





(b) Matching Requirement- Each eligible State agency receiving funds made available under section 5(a), shall match, from non-Federal sources and on a dollar-for-dollar basis, the funds received under section 10(a)(1).CommentsClose CommentsPermalink

SEC. 12. ADMINISTRATION.

(a) Administration- Any State desiring to participate in a program authorized by this Act shall assign an individual within the eligible state agency to assist in fulfilling the purposes of this Act by--CommentsClose CommentsPermalink





(1) managing the distribution of funds pursuant to section 6;CommentsClose CommentsPermalink





(2) monitoring the use of funds distributed to recipients under such programs;CommentsClose CommentsPermalink





(3) evaluating the effectiveness of programs and activities supported by such funds; andCommentsClose CommentsPermalink





(4) developing the State plan described in section 6.CommentsClose CommentsPermalink





(b) Competitive Awards- The Administrators assigned under subsection (c) shall--CommentsClose CommentsPermalink





(1) on a competitive basis, provide grants to eligible recipients; andCommentsClose CommentsPermalink





(2) ensure that each grant is for a program that is of sufficient size, scope, and quality to be effective.CommentsClose CommentsPermalink





(c) Technical Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall award a grant, a contract, or enter into a cooperative agreement with a national organization with demonstrated expertise in providing technical assistance to employment and training programs for displaced homemakers, single parents, and individuals entering nontraditional employment. This assistance shall be available for the purposes of--CommentsClose CommentsPermalink





(A) providing online and toll-free referral services to assist individuals in accessing the employment and training programs established under sections 9 and 10;CommentsClose CommentsPermalink





(B) developing resources for and providing technical assistance to such employment and training programs;CommentsClose CommentsPermalink





(C) developing state-wide networks to enhance the capacity of service delivery among such employment and training programs; andCommentsClose CommentsPermalink





(D) conducting other activities to advance career pathways for displaced homemakers, single parents, and individuals entering nontraditional employment.CommentsClose CommentsPermalink





(2) Not less than 1 percent or more than 10 percent of the amount authorized under section 13 of this Act shall be available for the assistance described in paragraph (1).CommentsClose CommentsPermalink

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary to carry out this Act $95,000,000 for each of fiscal years 2009 through 2014.CommentsClose CommentsPermalink