105 STAT. 1806 PUBLIC LAW 102-235—DEC. 12, 1991 Public Law

105 STAT. 1806 PUBLIC LAW

102-235—DEC.

12, 1991

Public Law 102-235

102d Congress

An Act

Dec.

12, 1991 To amend the Job Training Partnership Act to encourage a broader range of training

[S.

367] and job placement for women, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

Nontraditional

United States of America in Congress assembled,

Emplojrment

for

Women

Act.

SECTION

SHORT

TITLE.

Inter-

governmental This Act may be cited as the "Nontraditional Employment for

relations.

Wompn

Act"

29USC1501 vv omen Act

note.

SEC. 2.

FINDINGS

AND

PURPOSES.

use

1501

note.

(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-domi-

nated 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 opportuni-

ties 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 Part-

nership 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 nontradi-

tional employment.

PUBLIC LAW

102-235--DEC.

12,1991

105 STAT. 1807

SEC.

3. DEFINITION. 29 USC 1503.

Section 4 of the Job Training Partnership Act (hereinafter re-

ferred to as the "Act") is amended by adding at the end thereof the

following new paragraph:

"(30) The term

'nontraditional

emplojrment'

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—

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 employ-

ment; and

"(B) the training-related placement of women in non-

traditional 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

subpareigraph

paragraphs:

"(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

£ige;

"(iv) the

participgmt's

race; and

"(v) information on retention of the participant in

nontraditional employment.".

SEC.

5. GOVERNOR'S COORDINATION AND SPECIAL SERVICES PLAN.

(a)

GENERAL.—Section

121(b) of the Act is amended by—

USC 1531.

(1) redesignating paragraphs (3), (4), and (5)

£is

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 Partner-

ship Act, the Carl D. Perkins Vocational and Applied Tech-

nology Education Act, and other sources of Federal and

State support;

105 STAT. 1808 PUBLIC LAW

102-235—DEC.

12, 1991

"(B) the training-related placement of women in non-

traditional employment and apprenticeships;

"(C) a description of efforts to be undertaken to accom-

plish such goals, including efforts to increase awareness of

such training and placement opportunities; and

"(D) a description of efforts to coordinate activities pro-

vided pursuant to the Job Training Partnership Act and the

Carl D. Perkins Vocational and Applied Technology Edu-

cation Act to train and place women in nontraditional

employment.".

29 use

1531.

(b) SPECIAL

PROGRAMS.—Section

121(c) of the Act is amended

by—

(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.

29 use

1532.

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

(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 para-

graphs:

"(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

emplojnnent,

including activi-

ties 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 coordina-

tor a summary of activities and an analysis of results in train-

ing 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)

use

1533.

of the Act is amended bv—

(1) striking

"and

at the end of paragraph (2);

(2) striking the period at the end of paragraph (3) and insert-

ing in lieu thereof a semicolon and "and"; and

(3) inserting the following new paragraph at the end

thereof:

PUBLIC LAW

102-235—DEC.

12, 1991 105 STAT. 1809

"(4) to provide statewide coordinated approaches, including

model programs, to train, place, and retain women in nontradi-

tional

employment.",

(b)

USE

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 para-

graph:

"(27) outreach, to develop awareness of, and encourage

participation in, education, training services, and work experi-

ence programs to assist women in obtaining nontraditional

employment, and to facilitate the retention of women in non-

traditional employment, including services at the site of train-

ing 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

Grants,

the fiscal years 1992, 1993, 1994, and 1995, the Secretary shall use

USC 1737.

$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 Part-

nership Act and other resources available for training women in

nontraditional employment;

"(2) the extent of private sector involvement in the develop-

ment 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 demonstra-

tion 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;

105 STAT. 1810 PUBLIC LAW

102-235—DEC.

12, 1991

"(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 subsec-

tion (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 subsec-

tion (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 employ-

ment 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 demonstra-

tion 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.".

use

1737 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 non-

traditional employment, together with a description of the ef-

forts made and the results of such efforts; and

(2) the effectiveness of the demonstration programs estab-

lished 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 demonstra-

tion 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 non-

traditional employment opportunities for women under the Job

Training Partnership Act.

PUBLIC LAW

102-235—DEC.

12, 1991 105 STAT. 1811

SEC.

11. DISCRIMINATION. 29 USC 1501

(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 employ-

ment 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

bsisis

of race, color,

religion, sex, national origin, handicap, or age.

SEC.

12. EFFECTIVE DATE. 29 USC 1514

This Act and the amendments made by this Act shall take effect

upon the date of enactment of this Act, except that the require-

ments 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.

LEGISLATIVE fflSTORY—S. 367:

SENATE REPORTS: No. 102-65

(Comm.

on Labor and Human Resources).

CONGRESSIONAL RECORD, Vol. 137 (1991):

Nov. 26, considered and passed Senate and House.