1.This Act may be cited as the
Pathways Advancing Career Training
Act
.
2.
(a)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)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.
3.Except as otherwise specified in this Act,
as used in this Act the following definition apply:
(1)Area career and
technical education schoolThe 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
organizationThe 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)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)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)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)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
employmentThe 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)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)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 institutionThe 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 institutionThe 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)The
term Secretary means the Secretary of Labor.
(13)Self-sufficiency
standardThe 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)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)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)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)).
4.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.
5.
(a)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)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)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.
6.
(a)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)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)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)The State plan shall include information that—
(1)describes the
employment and training activities to be provided under sections 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)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)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.
7.
(a)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
ProgramsEach 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 ProgramsEach
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)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 AgencyEach 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 SecretaryThe 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.
8.Evaluation of
programs for single parents and displaced homemakers and programs for
nontraditional employment
(a)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
section 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)Evaluations
conducted under this section shall utilize appropriate methodology and research
designs, including the use of control groups chosen by scientific random
assignment.
(c)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.
9.Programs for
single parents and displaced homemakersEach 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.
10.Programs for
individuals entering into nontraditional employmentEach 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 employment, 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.
11.Within state
allocation and administration
(a)Reservation for
State ActivitiesFrom 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)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).
12.
(a)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)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)
(1)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).
13.Authorization of
appropriationsThere are
authorized to be appropriated to the Secretary to carry out this Act
$95,000,000 for each of fiscal years 2010 through 2015.