[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5774 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5774

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             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 Labor

_______________________________________________________________________

                                 A BILL


 
  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.

    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 ``Pathways Advancing Career Training 
Act''.

SEC. 2. PURPOSE AND FINDINGS.

    (a) Purpose.--The purpose of this Act is--
            (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;
            (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; and
            (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.
    (b) Findings.--Congress finds the following:
            (1) A high quality, productive, and diverse workforce is 
        necessary to compete in the global economy.
            (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.
            (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.
            (4) Employment in high-skill, high-wage, nontraditional 
        careers offers wages and advancement opportunities to help 
        families achieve economic self-sufficiency.
            (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.
            (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.
            (7) Individuals who face barriers during employment 
        transitions represent an untapped workforce pool to address 
        growing skilled labor shortages.

SEC. 3. DEFINITIONS.

    Except as otherwise specified in this Act, as used in this Act the 
following definition apply:
            (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)).
            (2) Community-based organization.--The term ``community-
        based organization'' means a public or private nonprofit 
        organization of demonstrated effectiveness that--
                    (A) is representative of a community or significant 
                segments of a community; and
                    (B) provides educational, preparatory, training, or 
                related services to individuals in the community.
            (3) Displaced homemaker.--The term ``displaced homemaker'' 
        means an individual who--
                    (A)(i) has worked primarily without remuneration to 
                care for a home or family and for that reason has 
                diminished marketable skills; or
                    (ii) has been dependent on the income of another 
                household member but is no longer supported by that 
                income; or
                    (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; or
                    (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); and
                    (B) is unemployed or underemployed and is 
                experiencing difficulty in obtaining or upgrading 
                employment.
            (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.
            (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.
            (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).
            (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.
            (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)).
            (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--
                    (A) services, programs, or activities related to 
                outreach in the recruitment of potential participants;
                    (B) career and personal counseling, including group 
                counseling;
                    (C) life skills development, including financial 
                literacy;
                    (D) vocational and skill assessment and testing;
                    (E) career planning;
                    (F) use of a self-sufficiency calculator to 
                identify income needs and career paths that lead to 
                self-sufficiency;
                    (G) job search and placement activities;
                    (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; and
                    (I) other appropriate services, programs, or 
                activities.
            (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)).
            (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)).
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (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.
            (14) Single parent.--The term ``single parent'' means an 
        individual who is unmarried, or has been abandoned by their 
        spouse, and--
                    (A) has a minor child or children for which the 
                parent has either full or joint custody; or
                    (B) is pregnant.
            (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.
            (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)).

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.

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--
            (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;
            (2) the relative excess number of unemployed individuals in 
        each State, compared to the total excess number of unemployed 
        individuals in all States; and
            (3) the relative number of disadvantaged adults in each 
        State, compared to the total number of disadvantaged adults in 
        all States.
    (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)).
    (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.

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.
    (b) Revisions and Review.--Each eligible State agency shall--
            (1) submit such annual revisions of the plan to the 
        Secretary as the eligible State agency determines to be 
        necessary; and
            (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.
    (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.
    (d) Plan Contents.--The State plan shall include information that--
            (1) describes the employment and training activities to be 
        provided under section 9 and 10 of this Act;
            (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;
            (3) describes how the eligible State agency will--
                    (A) annually evaluate the effectiveness of such 
                programs; and
                    (B) coordinate such programs to ensure 
                nonduplication with other existing Federal programs;
            (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;
            (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;
            (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; and
            (7) describes the methods proposed for the joint planning 
        and coordination of programs carried out under this Act with 
        other Federal programs.
    (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).
    (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.

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.
    (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:
            (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--
                    (A) specific economic, geographic, and demographic 
                factors in the State and in local workforce investment 
                areas within the State;
                    (B) the characteristics of the population to be 
                served;
                    (C) the demonstrated difficulties in serving the 
                population; and
                    (D) the type of services to be provided.
            (2) Participation in and completion of preparatory 
        services.
    (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--
            (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:
                    (A) specific economic, geographic, and demographic 
                factors in the State and in local workforce investment 
                areas within the State;
                    (B) the characteristics of the population to be 
                served;
                    (C) the demonstrated difficulties in serving the 
                population; and
                    (D) the type of services to be provided.
            (2) Participation in and completion of preparatory 
        services.
            (3) Participation in and completion of employment and 
        training programs that lead to nontraditional training and 
        employment.
            (4) Placement in and retention of nontraditional 
        employment.
    (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.
    (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)).
    (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.

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--
            (1) the general effectiveness of programs and activities 
        described in sections 9 and 10 of this Act including:
                    (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;
                    (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;
                    (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;
                    (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;
                    (E) the effectiveness of the structure and 
                mechanisms for delivery of services through such 
                programs and activities;
                    (F) the extent to which such programs and 
                activities meet the needs of various demographic 
                groups; and
                    (G) such other factors as may be appropriate.
    (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.
    (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.

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:
            (1) Preparatory services.
            (2) Subsidies, reimbursement, tuition assistance, or 
        payment for preparatory services, and necessary educational 
        materials (including books and supplies).
            (3) The provision of information to inform individuals of 
        career and technical education, training programs, and related 
        preparatory and supportive services.
            (4) Case management and supportive services.
            (5) Training and other activities designed to fulfill the 
        purpose of this Act.

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:
            (1) All services described in section 9.
            (2) Mentoring.
            (3) Pre-apprenticeship assistance.
            (4) Other activities designed to increase the number of 
        individuals pursuing nontraditional employmenty, including--
                    (A) dissemination of information to inform 
                individuals about nontraditional employment;
                    (B) ensuring a fair and respectful learning 
                environment in career and technical education and 
                training programs; and
                    (C) creating and distributing replicable model 
                programs and materials that increase participation, 
                completion, and placement rates.

SEC. 11. WITHIN STATE ALLOCATION AND ADMINISTRATION.

    (a) Reservation for State Activities.--From the amounts allocated 
under section 5--
            (1) not more than 5 percent shall be reserved for State 
        administration;
            (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; and
            (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.
    (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).

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--
            (1) managing the distribution of funds pursuant to section 
        6;
            (2) monitoring the use of funds distributed to recipients 
        under such programs;
            (3) evaluating the effectiveness of programs and activities 
        supported by such funds; and
            (4) developing the State plan described in section 6.
    (b) Competitive Awards.--The Administrators assigned under 
subsection (c) shall--
            (1) on a competitive basis, provide grants to eligible 
        recipients; and
            (2) ensure that each grant is for a program that is of 
        sufficient size, scope, and quality to be effective.
    (c) Technical Assistance.--
            (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--
                    (A) providing online and toll-free referral 
                services to assist individuals in accessing the 
                employment and training programs established under 
                sections 9 and 10;
                    (B) developing resources for and providing 
                technical assistance to such employment and training 
                programs;
                    (C) developing state-wide networks to enhance the 
                capacity of service delivery among such employment and 
                training programs; and
                    (D) conducting other activities to advance career 
                pathways for displaced homemakers, single parents, and 
                individuals entering nontraditional employment.
            (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).

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.
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