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Volume 105 · 1806

Public Law 102–235

To amend the Job Training Partnership Act to encourage a broader range of training and job placement for women, and for other purposes.

Approved December 12, 1991

Statutory text

An Act

To amend the Job Training Partnership Act to encourage a broader range of training and job placement for women, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the “Nontraditional Employment for Women Act”

SEC. 2. FINDINGS AND PURPOSES.

(a)

Findings.—

The Congress finds that—

(1)

over 7,000,000 families in the United States live in poverty, and over half of those families are single parent households headed by women;

(2)

women stand to improve their economic security and independence through the training and other services offered under the Job Training Partnership Act;

(3)

women participating under the Job Training Partnership Act tend to be enrolled in programs for traditionally female occupations;

(4)

many of the Job Training Partnership Act programs that have low female enrollment levels are in fields of work that are nontraditional for women;

(5)

employment in traditionally male occupations leads to higher wages, improved job security, and better long-range opportunities than employment in traditionally female-dominated fields;

(6)

the long-term economic security of women is served by increasing nontraditional employment opportunities for women; and

(7)

older women reentering the work force may have special needs in obtaining training and placement in occupations providing economic security.

(b)

Statement of Purpose.—

The purposes of this Act are—

(1)

to encourage efforts by the Federal, State, and local levels of government aimed at providing a wider range of opportunities for women under the Job Training Partnership Act;

(2)

to provide incentives to establish programs that will train, place, and retain women in nontraditional fields; and

(3)

to facilitate coordination between the Job Training Partnership Act and the Carl D. Perkins Vocational and Applied Technology Education Act to maximize the effectiveness of resources available for training and placing women in nontraditional employment.

SEC. 3. DEFINITION.

Section 4 of the Job Training Partnership Act (hereinafter referred to as the “Act”) is amended by adding at the end thereof the following new paragraph:

“(30)

The term ‘nontraditional employment’ as applied to women refers to occupations or fields of work where women comprise less than 25 percent of the individuals employed in such occupation or field of work.”.

SEC. 4. SERVICE DELIVERY AREA JOB TRAINING PLAN.

Section 104(b) of the Act is amended—

29 USC 1514.

(1)

by redesignating paragraphs (5), (6), (7), (8), (9), (10), and (11) as paragraphs (6), (7), (8), (9), (10), (11), and (12), respectively;

(2)

by inserting after paragraph (4) the following new paragraph:

“(5)

goals for—

“(A)

the training of women in nontraditional employment; and

“(B)

the training-related placement of women in nontraditional employment and apprenticeships; and a description of efforts to be undertaken to accomplish such goals, including efforts to increase awareness of such training and placement opportunities;”; and

(3)

in paragraph (12), as redesignated in paragraph (1) above, by—

(A)

striking “and” at the end of subparagraph (B);

(B)

striking the period at the end of subparagraph (C) and inserting in lieu thereof a semicolon; and

(C)

adding after subparagraph (C) the following new subparagraphs:

“(D)

the extent to which the service delivery area has met its goals for the training and training-related placement of women in nontraditional employment and apprenticeships; and

“(E)

a statistical breakdown of women trained and placed in nontraditional occupations, including—

“(i)

the type of training received, by occupation;

“(ii)

whether the participant was placed in a job or apprenticeship, and, if so, the occupation and the wage at placement;

“(iii)

the participant’s age;

“(iv)

the participant’s race; and

“(v)

information on retention of the participant in nontraditional employment.”.

SEC. 5. GOVERNOR’S COORDINATION AND SPECIAL SERVICES PLAN.

(a)

In General.—

Section 121(b) of the Act is amended by—

29 USC 1531.

(1)

redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and

(2)

by inserting after paragraph (2) the following new paragraph:

“(3)

The plan shall include goals for—

“(A)

the training of women in nontraditional employment through funds available under the Job Training Partnership Act, the Carl D. Perkins Vocational and Applied Technology Education Act, and other sources of Federal and State support;

“(B)

the training-related placement of women in nontraditional employment and apprenticeships;

“(C)

a description of efforts to be undertaken to accomplish such goals, including efforts to increase awareness of such training and placement opportunities; and

“(D)

a description of efforts to coordinate activities provided pursuant to the Job Training Partnership Act and the Carl D. Perkins Vocational and Applied Technology Education Act to train and place women in nontraditional employment.”.

(b)

Special Programs.—

Section 121(c) of the Act is amended by—

29 USC 1531.

(1)

redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and

(2)

inserting after paragraph (8) the following new paragraph:

“(9)

providing programs and related services to encourage the recruitment of women for training, placement, and retention in nontraditional employment;”.

SEC. 6. STATE JOB TRAINING COORDINATING COUNCIL.

Section 122(b) of the Act is amended by—

29 USC 1532.

(1)

redesignating paragraphs (5), (6), (7), and (8) as paragraphs (9), (10), (11), and (12), respectively; and

(2)

inserting after paragraph (4) the following new paragraphs:

“(5)

review the reports made pursuant to subparagraphs (D) and (E) of section 104(b)(12) and make recommendations for technical assistance and corrective action, based on the results of such reports;

“(6)

prepare a summary of the reports made pursuant to subparagraphs (D) and (E) of section 104(b)(12) detailing promising service delivery approaches developed in each service delivery area for the training and placement of women in nontraditional occupations, and disseminate annually such summary to service delivery areas, service providers throughout the State, and the Secretary;

“(7)

review the activities of the Governor to train, place, and retain women in nontraditional employment, including activities under section 123, prepare a summary of activities and an analysis of results, and disseminate annually such summary to service delivery areas, service providers throughout the State, and the Secretary;

“(8)

consult with the sex equity coordinator established under section 111(b) of the Carl D. Perkins Vocational and Applied Technology Education Act, obtain from the sex equity coordinator a summary of activities and an analysis of results in training women in nontraditional employment under the Carl D. Perkins Vocational and Applied Technology Education Act, and disseminate annually such summary to service delivery areas, service providers throughout the State, and the Secretary;”.

SEC. 7. STATE EDUCATION COORDINATION AND GRANTS.

(a)

State Education Coordination and Grants.—

Section 123(a) of the Act is amended by—

29 USC 1533.

(1)

striking “and” at the end of paragraph (2);

(2)

striking the period at the end of paragraph (3) and inserting in lieu thereof a semicolon and “and”; and

(3)

inserting the following new paragraph at the end thereof:

“(4)

to provide statewide coordinated approaches, including model programs, to train, place, and retain women in nontraditional employment.”,

(b)

Use of Funds.—

Section 123(c) is amended—

29 USC 1533.

(1)

in paragraph (2)(B) by striking “(1) and (3)” and inserting in lieu thereof “(1), (3), and (4)”; and

(2)

in paragraph (3) by striking “(1) and (3)” and inserting in lieu thereof “(D, (3), and (4)”.

SEC. 8. USE OF FUNDS.

Section 204 of the Act is amended by—

29 USC 1604.

(1)

redesignating paragraphs (27) and (28) as paragraphs (28) and (29), respectively; and

(2)

inserting after paragraph (26) the following new paragraph:

“(27)

outreach, to develop awareness of, and encourage participation in, education, training services, and work experience programs to assist women in obtaining nontraditional employment, and to facilitate the retention of women in nontraditional employment, including services at the site of training or employment,”.

SEC. 9. DEMONSTRATION PROGRAMS.

Part D of title IV of the Act is amended by adding at the end thereof the following new section:

“demonstration programs “SEC. 457. (a) (1) From funds available under this part for each of the fiscal years 1992, 1993, 1994, and 1995, the Secretary shall use $1,500,000 in each such fiscal year to make grants to States to develop demonstration and exemplary programs to train and place women in nontraditional employment. “(2) The Secretary may award no more than 6 grants in each fiscal year. “(b) In awarding grants pursuant to subsection (a), the Secretary shall consider— “(1) the level of coordination between the Job Training Partnership Act and other resources available for training women in nontraditional employment; “(2) the extent of private sector involvement in the development and implementation of training programs under the Job Training Partnership Act; “(3) the extent to which the initiatives proposed by a State supplement or build upon existing efforts in a State to train and place women in nontraditional employment; “(4) whether the proposed grant amount is sufficient to accomplish measurable goals; “(5) the extent to which a State is prepared to disseminate information on its demonstration training programs; and “(6) the extent to which a State is prepared to produce materials that allow for replication of such State’s demonstration training programs. “(c) (1) Each State receiving financial assistance pursuant to this section may use such funds to— “(A) award grants to service providers in the State to train and otherwise prepare women for nontraditional employment; “(B) award grants to service delivery areas that plan and demonstrate the ability to train, place, and retain women in nontraditional employment; and “(C) award grants to service delivery areas on the basis of exceptional performance in training, placing, and retaining women in nontraditional employment. “(2) Each State receiving financial assistance pursuant to subsection (c)(1)(A) may only award grants to— “(A) community based organizations, “(B) educational institutions, or “(C) other service providers, that have demonstrated success in occupational skills training. “(3) Each State receiving financial assistance under this section shall ensure, to the extent possible, that grants are awarded for training, placing, and retaining women in growth occupations with increased wage potential. “(4) Each State receiving financial assistance pursuant to subsection (c)(1)(B) or (c)(1)(C) may only award grants to service delivery areas that have demonstrated ability or exceptional performance in training, placing, and retaining women in nontraditional employment that is not attributable or related to the activities of any service provider awarded funds under subsection (c)(1)(A). “(d) In any fiscal year in which a State receives a grant pursuant to this section such State may retain an amount not to exceed 10 percent of such grant to— “(1) pay administrative costs, “(2) facilitate the coordination of statewide approaches to training and placing women in nontraditional employment, or “(3) provide technical assistance to service providers. “(e) The Secretary shall provide for evaluation of the demonstration programs carried out pursuant to this section, including evaluation of the demonstration programs’ effectiveness in— “(1) preparing women for nontraditional employment, and “(2) developing and replicating approaches to train and place women in nontraditional employment.”.

SEC. 10. REPORT AND RECOMMENDATIONS.

(a)

Report.—

The Secretary of Labor shall report to the Congress within 5 years of the date of enactment of this Act on—

(1)

the extent to which States and service delivery areas have succeeded in training, placing, and retaining women in nontraditional employment, together with a description of the efforts made and the results of such efforts; and

(2)

the effectiveness of the demonstration programs established by section 457 of the Job Training Partnership Act in developing and replicating approaches to train and place women in nontraditional employment, including a summary of activities performed by grant recipients under the demonstration programs authorized by section 457 of the Job Training Partnership Act.

(b)

Recommendations.—

The report described in subsection (a) shall include recommendations on the need to continue, expand, or modify the demonstration programs established by section 457 of the Job Training Partnership Act, as well as recommendations for legislative and administrative changes necessary to increase nontraditional employment opportunities for women under the Job Training Partnership Act.

SEC. 11. DISCRIMINATION.

(a)

For purposes of this legislation, nothing in this Act shall be construed to mean that Congress is taking a position on the issue of comparable worth.

(b)

Nothing in this Act shall be construed to require, sanction or authorize discrimination in violation of title VII of the Civil Rights Act of 1964 or any other Federal law prohibiting discrimination on the basis of race, color, religion, sex, national origin, handicap, or age. No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in any program under this Act because of race, color, religion, sex, national origin, age, handicap, political affiliation or belief. Failure to meet the goals in the Act shall not itself constitute a violation of title VII of the Civil Rights Act of 1964 or any other Federal law prohibiting discrimination on the basis of race, color, religion, sex, national origin, handicap, or age.

SEC. 12. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect upon the date of enactment of this Act, except that the requirements imposed by sections 4, 5, and 6 of this Act shall apply to the plan or report filed or reviewed for program years beginning on or after July 1, 1992.

Approved December 12, 1991.

Parsed from the official Statutes at Large USLM XML in 105.xml