H.R. 951 — Introduced in House

I 113th CONGRESS 1st Session H. R. 951 IN THE HOUSE OF REPRESENTATIVES March 5, 2013 Mr. Polis (for himself, Ms. DeLauro, Mr. Conyers, Ms. DeGette, Mr. Grijalva, Ms. Moore, Ms. Norton, Mr. Langevin, Ms. Wasserman Schultz, Ms. Brown of Florida, Mr. Sires, Mr. Blumenauer, Ms. Roybal-Allard, Mr. Lewis, Ms. Wilson of Florida, Mr. Hastings of Florida, Ms. Slaughter, Mr. Ellison, Mr. Garamendi, Mr. Cicilline, Mr. Moran, and Ms. Waters) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To promote the economic self-sufficiency of low-income women through their increased participation in high-wage, high-demand occupations where they currently represent 25 percent or less of the workforce. 1. Short title This Act may be cited as the Women and Workforce Investment for Nontraditional Jobs or Women WIN Jobs. 2. Findings Congress finds the following: (1) According to the Council of Economic Advisors, occupations requiring higher educational attainment are projected to grow much faster than those with lower education requirements between 2006 and 2016, with the fastest growth among occupations that require an associate’s degree or a post-secondary vocational award. Some of the occupations cited in the report include electricians, plumbers, aircraft mechanics and service technicians, electrical power line installers and repairers, and environmental engineering technicians, all of which are nontraditional occupations for women, as defined under the Carl T. Perkins Career and Technical Education Act of 2006. (2) Only 6.2 percent of employed women worked in nontraditional occupations in 2008. (3) More than one-half of all working women are clustered in 25 of 504 job categories tracked by the Bureau of Labor Statistics. Excluding teachers and nurses, most of these categories are among the lowest-paid occupations. In general, women working in nontraditional fields earn 20 to 30 percent more than women in traditionally female fields. (4) The National Association of Manufacturers estimates a need for 10 million new workers by 2020 due to the aging of the current workforce. Moreover, 90 percent of manufacturers are experiencing a shortage of qualified employees including machinists, operators, craft workers, distributors, and technicians. Women hold only 4.7 percent of welding, soldering, and brazing jobs. (5) Women make up 73.7 percent of cashiers, whose hourly wage averages $9.52, but only 0.4 percent of electrical power-line installers and repairers, who earn an average hourly wage of $27.65, and only 7.5 percent of telecommunications line installers and repairers, who earn an average hourly wage of $24.08. (6) Women comprise 71.1 percent of wait staff, whose hourly wage averages $9.99, but only 0.6 percent of HVAC mechanics and installers, who make an average hourly wage of $21.57. (7) Women make up 94.7 percent of child care workers, whose hourly wage averages $10.15, but only 1.5 percent of electricians, who make an average hourly wage of $24.91. (8) Women comprise 92.7 percent of receptionists and information clerks, whose hourly wage averages $12.63, but only 10.9 percent of surveying and mapping technicians who make an average hourly wage of $19.41. (9) Women make up 84.2 percent of office clerks, whose hourly wage averages $13.58, but only 11 percent of computer, ATM, and office machine repairers, who make an average hourly wage of $18.79, and only 2.3 percent of aircraft mechanics who earn an average hourly wage of $25.62. (10) Girls comprise only 15 percent of students enrolled in high school courses leading to nontraditional occupations. This proportion has stayed relatively constant for the past 30 years. (11) An independent study conducted in 2001 found that when programs, such as those under the Women in Apprenticeship and Nontraditional Occupations (WANTO) Act of 1992, were implemented in an area, local women were 25 percent more likely to hold a nontraditional job and were more likely to hold these jobs years after the intervention. (12) More than half of the individuals receiving training services under the Workforce Investment Act are women. However, males who complete training are 11 times more likely to be employed in the occupational category farming, fishing, forestry, construction and extraction and 7 times more likely in the area installation, repair, production, transportation, and material moving. In 2009, earnings of females who completed training were 24 percent lower than the earnings of males in the first quarter after completing the training. 3. Definitions In this Act— (1) the term designated region has the meaning given such term in section 116(c)(5)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2831(c)(5(A)); (2) the term eligible entity means a partnership— (A) among— (i) a community-based organization experienced in serving women; (ii) 1 or more employers or a business association; (iii) a registered apprenticeship program if available in a designated region; and (iv) a public postsecondary education institution; and (B) in addition to the required partners described in subparagraph (A), that may include business and trade associations, labor unions, high schools, and workforce and economic development agencies; (3) the term self-sufficiency standard means a measure of how much income families need to cover their basic costs without subsidies, as determined or recognized by the State for an applicable local area using a consistent methodology that calculates the costs of living and working (including taxes) based upon sub-State geographic location and family size and composition; (4) the term non-traditional occupations means those occupations in which women make up less than 25 percent of the workforce (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302)); (5) the term public postsecondary education institution means— (A) a junior or community college, as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)); or (B) an area technical school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302); (6) the term registered apprenticeship program means a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act (29 U.S.C. 50 note)); and (7) the term State has the meaning given such term in section 3 of the of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). 4. Grants to States (a) Allocation of funds (1) In general In any fiscal year in which the total amount appropriated under section 11 exceeds $50,000,000, the Secretary of Labor shall, from the amount appropriated under section 11 to carry out this section, allocate funds to States using a formula based on each State’s share of the national population of women from families with an income of less than 200 percent of the poverty threshold, according to the most recent data available by the Bureau of the Census. (2) Reallocation If a State does not receive funds under paragraph (1), the Secretary shall reallocate such funds to other States in the same proportion funds are allocated under such paragraph. (b) Submission of State plan (1) In general In order to receive an allocation of funds under subsection (a), the Governor of a State shall submit a State Plan that describes how the State plans to— (A) distribute such funds to eligible entities located in the State to increase women’s participation in high-wage, high-demand occupations in which women are currently underrepresented in the State’s workforce in accordance with section 5; and (B) use such funds to carry out the statewide activities described in subsection (c). (2) Administration of State Plan The State Plan described in paragraph (1) shall be administered by a State workforce development board (as referred to in the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)), in consultation with a State entity (as defined in section 118(c) of the Carl D. Perkins Career Technical Education Act of 2006 (20 U.S.C. 2328)). (3) Review of plan The Secretary of Labor shall review each State plan submitted pursuant to this subsection within 60 days of receipt. (c) Use of Funds The designated State entity may reserve not more than 15 percent of the grant for statewide activities to— (1) provide technical assistance to eligible entities receiving funding under this Act and to State registered apprenticeship programs and sponsors and joint apprenticeship training councils on meeting their enrollment goal for women in nontraditional occupations; (2) develop institutional and cross-agency policies and protocols such as memoranda of understanding that set goals for the hiring of specific percentages of women served under this Act into registered apprenticeships and permanent employment openings in publicly assisted projects; (3) engage in public education and outreach activities, to overcome stereotypes about women in nontraditional occupations, including the development of educational and marketing materials; and (4) provide training and technical assistance to overcome gender inequity among employers, registered apprenticeship programs, and State equal employment opportunity and affirmative action agencies. 5. State grants to partnerships (a) In general (1) Allocations authorized A State receiving funds under section 4 shall allocate the funds not reserved to carry out the statewide activities described in section 4(c) to eligible entities in the State to support the recruitment, training, placement, and retention of women in nontraditional occupations. (2) Allocation duration An allocation under this section to an eligible entity shall be made for not more than 2 years with the possibility of a multi-year renewal upon submission of a renewal application containing information— (A) about the effectiveness of the services and activities provided under subsection (d)(1) using the funds made available under the first allocation; and (B) any such additional information as the Secretary may require. (3) Allocation amount An allocation under this section to an eligible entity shall be of sufficient size and scope to support the effective implementation of the services and activities described in subsection (d)(1). (b) Application Process An eligible entity that desires to receive funds under this section shall submit an application to the designated State agency. Such application shall provide a plan detailing the roles and responsibilities of partnership members and how funds will be used in conjunction with funding from other public or private sources to carry out the activities described in subsection (d). (c) Priorities In allocating funds under this section, a State agency shall give priority to eligible entities that— (1) include entities with demonstrated success in recruiting and preparing low-income women for nontraditional occupations, and local workforce boards established under the Workforce Investment Act; or (2) leverage additional public and private resources to fund training programs, including cash or in-kind matches from employers. (d) Use of funds (1) Services and activities An eligible entity receiving funds under this section shall— (A) conduct public education and outreach designed to overcome stereotypes and develop family support and encouragement; (B) recruit low-income women for careers in nontraditional occupations and provide comprehensive career guidance and counseling, including regional labor market information and projections about nontraditional jobs and salary information; (C) conduct individual assessments and employment counseling, including instruction on the use of online job search databases; (D) assist low-income women to access programs leading to a degree, industry recognized certificate or credential, and apprenticeship programs that will prepare them for high-demand, high-skill occupations, including providing information about— (i) the quality and cost of the programs; (ii) available financial aid; and (iii) the use of self-sufficiency calculators where available; (E) conduct education and pre-apprenticeship and pre-employment skill development activities including basic skills, education, literacy, including financial literacy, and training; (F) coordinate with public secondary education institutions to improve the transition of participants into— (i) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); (ii) a program of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A))); or (iii) a registered apprenticeship program; (G) engage in necessary activities for the recruitment, preparation, placement, and retention of participants in registered apprenticeships, and postsecondary training programs, and permanent employment; (H) provide access to pre- and post-placement supportive services such as child care, transportation, tools, application fees, dues, needs-based payments or stipends, and mentorships as may be necessary to complete training and retain employment; (I) develop or obtain curricula, handbooks, tools and equipment; (J) build capacity through staff training, organizational development and technology upgrades; (K) engage in activities requested by the national clearinghouse established pursuant to section 9; (L) develop incentives for employers and sponsors of registered apprenticeship program to retain women in nontraditional occupations for more than 6 months; (M) provide technical assistance to employers on how to create a safe and healthy workplace environment designed to retain and advance women, including best practices for addressing sexual harassment; (N) provide post-placement assistance to participants in order to promote employment retention, including exit interviews, mentoring, networking and leadership development for women employed in the field; and (O) develop and collect data, consistent with the requirements of the Workforce Investment Act of 1998, to track women by race, ethnicity, and age throughout the process and establish benchmarks such as numbers contacted through outreach, placement into training and completion rates, and employment outcomes, including earnings progression. (2) Target participants In providing services and activities described in paragraph (1), eligible entities shall target women with family incomes below the local self-sufficiency standard, when available, or women in families with income of less than 200 percent of the poverty threshold (as determined by the Bureau of the Census). (e) Supplement, not supplant Funds provided under this section shall supplement and not supplant other Federal, State, or local funds that would, in the absence of funds provided under this section, be available for the purposes described in this section. 6. Allocations to eligible entities (a) Allocations (1) In general In any year in which the total amount appropriated under section 11 is an amount less than $50,000,000, the Secretary of Labor shall, from the amount appropriated under section 11 to carry out this section, allocate funds to eligible entities to support the recruitment, training, placement, and retention of women in nontraditional occupations. (2) Allocation duration An allocation under this section shall be made to an eligible entity for not more than 2 years with the possibility of multi-year renewals upon submission of a renewal application containing information— (A) about the effectiveness of the services and activities provided under section (5)(d)(1) using the funds made available under the first allocation; and (B) any such additional information as the Secretary may require. (3) Allocation amount An allocation under this section to an eligible entity shall be of sufficient size and scope to support the effective implementation of the services and activities described in subsection (d). (b) Application An eligible entity desiring to receive an allocation under this section shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary may require. An application shall provide a plan detailing the roles and responsibilities of partnership members and how funds will be used in conjunction with funding from other public or private sources to carry out the services and activities described in subsection (d). (c) Priority In awarding grants under this section, the Secretary of Labor shall give priority to eligible entities that— (1) include entities with demonstrated success in recruiting and preparing low-income women for nontraditional occupations, and local workforce boards created under the Workforce Investment Act; or (2) leverage additional public and private resources to fund training programs, including cash or in-kind matches from participating employers. (d) Uses of funds An eligible entity receiving funds under this section shall uses such funds to carry out the services and activities described in section 5(d). (e) Supplement, not supplant Funds provided under this section shall supplement and not supplant other Federal, State, or local funds that would, in the absence of funds provided under this section, be available for the purposes described in this section. 7. National commission on the status of women in high–demand and high–wage nontraditional occupations (a) In general The Secretary of Labor, in consultation with the Secretary of Education, shall convene a national commission (in this section referred to as the Commission) for the purpose of examining and making recommendations for improving the status of women in high-demand, high-wage nontraditional occupations. (b) Membership The Commission shall include 30 members, of which 15 members shall be appointed by the President, 5 members by the Speaker and 3 members by the minority leader of the House of Representatives, and 4 members by the majority leader and 3 members by the minority leader of the Senate. Members shall include representatives from— (1) business or trade associations in industries with high-wage, high-demand nontraditional occupations and sponsors of registered apprenticeship program; (2) women’s organizations and other nonprofit organizations serving low-income women; (3) labor unions and labor-management organizations; (4) high school and public postsecondary education institutions; (5) State workforce and economic development agencies or agencies responsible for the Workforce Investment Act and the Carl D. Perkins Career and Technical Education Act; and (6) academics, researchers, and other stakeholders. A minimum of 10 members must have demonstrated experience in serving low-income women. (c) Duties The duties of the Commission shall be to— (1) develop a 5-year plan to encourage the full participation of women in high-wage, high-demand nontraditional occupations; (2) hold hearings on the national and regional levels on the goal of ending gender segregation in occupations, particularly the underrepresentation of women in high-demand, high-wage occupations; (3) recommend policies and programs, including the establishment of sanctions and bonuses for Federal contractors in designated sectors and the use of on-site equal opportunity monitors on all large federally funded projects; and (4) submit its progress report and policy recommendations to Congress and related Federal agencies not later than 1 year after the Commission is convened and every 2 years thereafter. 8. Data collection and reporting The Bureau of Labor Statistics shall collect data on the status of women’s participation in underrepresented sectors of the economy and shall examine the status of women in relation to that of men. Such data shall include— (1) the gender, race, age of participants, including cross tabulations of those three; (2) occupation; (3) geography; (4) advancement salary; (5) pay equity within categories within occupations; and (6) assignment disparity measured as through income and hours worked. The Bureau shall collect such information on an annual basis and submit it to relevant Federal agencies (including the Departments of Labor, Education, Commerce, the commission established under section 6, and to Congress. The Bureau shall also make such information available to the public on the Bureau’s Web site. 9. National clearinghouse The Secretary of Labor, in consultation with the Secretary of Education, shall establish a national clearinghouse to collect and distribute best practices. The clearinghouse shall— (1) convene national and regional meetings and conferences to bring together stakeholders at all levels; (2) collect and disseminate best practices of collaborative models for the recruitment, preparation, placement and retention of women in nontraditional employment; (3) provide legal, policy and technical assistance in order to sustain and advance the promotion, employment and retention of women in high-wage, high-demand nontraditional occupations; and (4) develop and conduct a national training program, including through distance learning, for staff, partners and board members of grantees and subgrantees. 10. Evaluation (a) Evaluation Beginning 2 years after the date of the enactment of this Act, the Secretary shall conduct an independent, comprehensive, and scientifically sound evaluation, by grant or contract and using the highest quality research design available, of the impact of activities carried out under this Act in promoting the economic self-sufficiency of low-income women through their increased participation in high-wage, high-demand occupations where they currently represent 25 percent or less of the workforce. (b) Report Not later than 4 years after the date of the enactment of this Act, and biannually thereafter, the Secretary shall submit to Congress a report on the results of the evaluation described in subsection (a). 11. Authorization of Appropriations There are authorized to be appropriated $100,000,000 to the Secretary of Labor to carry out this Act, of which a minimum of $3,000,000 is authorized to be used to carry out sections 8 and 9.