[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3557 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3557

  To strengthen and improve local and regional workforce and economic 
        competitiveness and resilience, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 5, 2018

    Mr. King (for himself, Ms. Hassan, Mr. Casey, and Mr. Heinrich) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To strengthen and improve local and regional workforce and economic 
        competitiveness and resilience, 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 ``Invest in America Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1)(A) to help local and regional leaders build and support 
        the necessary environment and conditions for employers to 
        create and expand middle and high-skill jobs; and
            (B) to train workers to have the knowledge and skills to 
        meet the requirements of those jobs;
            (2) to support--
                    (A) economic expansion and resilience--
                            (i) by diversifying the commercial and 
                        industrial bases of local and regional 
                        economies;
                            (ii) by removing barriers to growth; and
                            (iii) by identifying means of encouraging 
                        such expansion, carried out in a manner that is 
                        increasingly proactive and predictive of future 
                        economic shifts, to build local and regional 
                        economic resilience;
                    (B) job creation, in new or existing industries; 
                and
                    (C) workforce development and re-employment 
                opportunities, by providing a range of workforce 
                development activities, including occupational 
                training, resulting in recognized postsecondary 
                credentials for high-quality, in-demand jobs; and
            (3) specifically, to meet the needs of economically 
        distressed communities and regions by supporting locally or 
        regionally determined, and locally or regionally led, plans and 
        projects.

SEC. 3. DEFINITIONS.

    In this Act:
            (1)  Area career and technical education school.--The term 
        ``area career and technical education school'' has the meaning 
        given the term in section 3 of the Carl D. Perkins Career and 
        Technical Education Act of 2006 (20 U.S.C. 2302).
            (2) Career pathway.--The term ``career pathway'' has the 
        meaning given the term in section 3 of the Workforce Innovation 
        and Opportunity Act (29 U.S.C. 3102).
            (3) Comprehensive economic development strategy.--The term 
        ``comprehensive economic development strategy'' has the meaning 
        given the term in section 3 of the Public Works and Economic 
        Development Act of 1965 (42 U.S.C. 3122).
            (4) Medium-sized area.--The term ``medium-sized area'' 
        means an area that--
                    (A) is not a rural area, as defined in paragraph 
                (9); and
                    (B) is a city, town, or other area that--
                            (i) has a population of not more than 
                        125,000 inhabitants; and
                            (ii) is not located within an urbanized 
                        area (as defined by the Bureau of the Census) 
                        with a population of more than 675,000 
                        inhabitants.
            (5) Postsecondary educational institution.--The term 
        ``postsecondary educational institution'' means institution of 
        higher education, as defined in section 102 of the Higher 
        Education Act of 1965 (20 U.S.C. 1002).
            (6) Pre-apprenticeship program.--The term ``pre-
        apprenticeship program'' means a program or set of strategies 
        that--
                    (A) is designed to prepare individuals to enter and 
                succeed in a registered apprenticeship program;
                    (B) is carried out by an eligible entity that has a 
                documented partnership with at least 1 sponsor of a 
                registered apprenticeship program;
                    (C) includes--
                            (i) training (including a curriculum for 
                        the training), aligned with industry standards 
                        and reviewed and approved annually by sponsors 
                        of the registered apprenticeship programs 
                        within the documented partnership, that will 
                        prepare individuals by teaching the skills and 
                        competencies needed to enter 1 or more 
                        registered apprenticeship programs; and
                            (ii) provision of hands-on training and 
                        theoretical education to individuals that--
                                    (I) accurately simulates the 
                                industry and occupation conditions of 
                                the registered apprenticeship program 
                                described in subparagraph (B);
                                    (II) is carried out in a manner 
                                that includes proper observation of 
                                supervision and safety protocols; and
                                    (III) is carried out in a manner 
                                that does not displace a paid employee; 
                                and
                    (D) is carried out under a formal agreement between 
                an eligible entity and a sponsor of a registered 
                apprenticeship program, that would enable participants 
                who successfully complete the pre-apprenticeship 
                program to enter directly into the registered 
                apprenticeship program (if a place in the program is 
                available), and that includes agreements concerning 
                earning credit recognized by a postsecondary 
                educational institution for skills and competencies 
                acquired during the pre-apprenticeship program.
            (7) Recognized postsecondary credential.--The term 
        ``recognized postsecondary credential'' has the meaning given 
        the term in section 3 of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3102).
            (8) Registered apprenticeship program.--The term 
        ``registered apprenticeship program'' means a program 
        registered under the Act of August 16, 1937 (commonly known as 
        the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 
        29 U.S.C. 50 et seq.).
            (9) Rural area.--The term ``rural area'' has the meaning 
        given the term in section 343(a) of the Consolidated Farm and 
        Rural Development Act (7 U.S.C. 1991(a)).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor, unless otherwise specifically indicated.
            (11) Tribal organization.--The term ``tribal organization'' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (12) Workforce development activity; workforce development 
        program.--The terms ``workforce development activity'' and 
        ``workforce development program'' have the meanings given the 
        terms in section 3 of the Workforce Innovation and Opportunity 
        Act (29 U.S.C. 3102).

SEC. 4. INVEST IN AMERICA COMPETITIVE GRANTS.

    (a) Grants Authorized.--
            (1) Planning grants.--The Secretary may make planning 
        grants to eligible entities to plan projects described in 
        paragraph (2).
            (2) Implementation grants.--The Secretary may make 
        implementation grants to eligible entities to implement 
        projects to support local and regional--
                    (A) economic expansion and resilience--
                            (i) by diversifying the commercial and 
                        industrial bases of local and regional 
                        economies;
                            (ii) by removing barriers to growth; and
                            (iii) by identifying means of encouraging 
                        such expansion, carried out in a manner that is 
                        increasingly proactive and predictive of future 
                        economic shifts, to build local and regional 
                        economic resilience;
                    (B) job creation, in new or existing industries; 
                and
                    (C) workforce development and re-employment 
                opportunities, by providing a range of workforce 
                development activities, including occupational 
                training, resulting in recognized postsecondary 
                credentials for high-quality, in-demand jobs.
            (3) Description of grants.--
                    (A) Planning grants.--The planning grants awarded 
                by the Secretary shall be used during a planning phase. 
                During the planning phase, the eligible entities will 
                prepare an Invest in America plan that--
                            (i) when reviewed and approved under 
                        subsection (c), will be used during the 
                        implementation phase described in subparagraph 
                        (B); and
                            (ii) identifies industries and occupations 
                        to be targeted during the implementation phase.
                    (B) Implementation grants.--The implementation 
                grants awarded by the Secretary shall be used during an 
                implementation phase. During the implementation phase, 
                the eligible entities will implement their Invest in 
                America plans, to support targeted economic expansion 
                and resilience, job creation, and associated workforce 
                development and re-employment opportunities.
            (4) Amount of grants.--
                    (A) Factors.--The amounts of the planning grants 
                and implementation grants will be based on a variety of 
                factors, including--
                            (i) long-term economic growth rates;
                            (ii) prevalence of skill mismatches;
                            (iii) long-term unemployment and 
                        underemployment;
                            (iv) poverty and persistent poverty rates; 
                        and
                            (v) number and percent of workers and 
                        employers impacted by economic shifts, such as 
                        shifts caused by trade, changes in government 
                        policy or regulation, or technological 
                        innovation.
                    (B) Limits.--
                            (i) Planning grants.--The Secretary shall 
                        make a planning grant in an amount of not less 
                        than $10,000 and not more than $500,000.
                            (ii) Implementation grants.--The Secretary 
                        shall make an implementation grant in an amount 
                        of not less than $750,000 and not more than 
                        $7,500,000.
            (5) Duration of grants.--
                    (A) Planning grants.--The Secretary shall make a 
                planning grant for a period of not more than 2 years.
                    (B) Implementation grants.--The Secretary shall 
                make an implementation grant for a period of 3 years.
                    (C) Extensions.--The Secretary may extend the 
                period of an implementation grant made under this 
                section for an additional 2-year period if the grant 
                recipient demonstrates to the Secretary that the 
                recipient is achieving its grant objectives and, as 
                applicable, is meeting or is likely to meet the 
                applicable performance measures.
    (b) Eligible Entity.--In this Act, the term ``eligible entity'' 
means any of the following:
            (1) A consortium that--
                    (A) includes 2 or more entities described in any of 
                subparagraphs (A) through (F) of paragraph (2); and
                    (B) may also include a State, regional, or local 
                public or private organization, including a community-
                based organization, that is appropriate to meet the 
                objectives for the grant involved, if the fiscal agent 
                of the consortium is an entity described in any of 
                subparagraphs (A) through (F) of paragraph (2).
            (2) A partnership of 2 or more of the following entities:
                    (A) A local (including a county) or regional unit 
                of government that is responsible for economic 
                development.
                    (B) An economic development agency recognized by 
                the Economic Development Administration of the 
                Department of Commerce.
                    (C) A local workforce development board, meaning a 
                local board as defined in section 3 of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3102), or a 
                consortium of such boards.
                    (D) A tribal organization.
                    (E) An area career and technical education school.
                    (F) A postsecondary educational institution.
    (c) Applications.--
            (1) Planning grant applications.--Each eligible entity that 
        desires to receive a planning grant under this section shall 
        submit an application to the Secretary at such time, in such 
        manner, and containing such information as the Secretary may 
        reasonably require. In the case of an eligible entity described 
        in subsection (b)(1), the application shall be prepared and 
        submitted by 1 or more members of the consortium who are 
        entities described in subsection (b)(1)(A). At a minimum, each 
        application for a planning grant shall include--
                    (A) a description of the existing economic 
                conditions of the community or region to be served by 
                the eligible entity, drawing on existing analyses and 
                reports, such as those within the comprehensive 
                economic development strategy or corresponding local 
                plans prepared under section 108 of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3123);
                    (B) a description of existing workforce development 
                activity resources and providers;
                    (C) the organizations within the eligible entity;
                    (D) a description of recent economic expansion and 
                resiliency efforts in the community or region;
                    (E) a brief overview of the anticipated direction 
                of the Invest in America plan to be developed;
                    (F) the period for which the planning grant is 
                requested; and
                    (G) the budget for the planning activities.
            (2) Implementation grant applications.--Each eligible 
        entity that desires to receive an implementation grant under 
        this section shall submit an application to the Secretary at 
        such time, in such manner, and containing such information as 
        the Secretary may reasonably require. In the case of an 
        eligible entity described in subsection (b)(1), the application 
        shall be prepared and submitted by 1 or more members of the 
        consortium who are entities described in subsection (b)(1)(A). 
        At a minimum, each application for an implementation grant 
        shall include--
                    (A) a detailed summary of the Invest in America 
                plan and project resulting from the planning grant;
                    (B) a summary of the targeted industries and 
                occupations;
                    (C) a summary of how the necessary workforce 
                development activities will be undertaken, including, 
                in the case of a program leading to a recognized 
                postsecondary credential, a description of the program 
                leading to the credential;
                    (D) the eligible entity's plan for obtaining an 
                independent evaluation of--
                            (i) the effectiveness of the project to be 
                        implemented with the grant funds; and
                            (ii) the performance of the eligible entity 
                        in carrying out the project, including how the 
                        eligible entity will use performance measures 
                        that include--
                                    (I) primary indicators of 
                                performance identified under section 
                                116 of the Workforce Innovation and 
                                Opportunity Act (29 U.S.C. 3141), core 
                                indicators of performance identified 
                                under section 113 of the Carl D. 
                                Perkins Career and Technical Education 
                                Act of 2006 (20 U.S.C. 2323), or 
                                evaluation criteria established under 
                                section 506(d) of the Public Works and 
                                Economic Development Act of 1965 (42 
                                U.S.C. 3196(d)), as appropriate, to 
                                determine that performance; and
                                    (II) levels of performance approved 
                                through the application process;
                    (E) the levels of performance that the eligible 
                entity proposes to use for purposes of subparagraph 
                (D)(ii)(II); and
                    (F) information demonstrating that the eligible 
                entity will provide the non-Federal share of the cost 
                of implementing the project, as described in subsection 
                (e).
            (3) Grant application design and review.--The Secretary 
        shall design and review the grant applications, and award 
        grants, in cooperation with--
                    (A) the Secretary of Commerce, the Secretary of 
                Education, the Secretary of Agriculture, and the 
                Secretary of the Interior; and
                    (B) as appropriate and necessary, the heads of 
                other Federal departments and agencies.
            (4) Rural, medium-sized, and economically distressed 
        communities and regions.--
                    (A) Rural areas.--
                            (i) In general.--The Secretary shall ensure 
                        that an amount that is not less than 50 percent 
                        of the funds provided through the 
                        implementation grants for any fiscal year is 
                        made available for projects for which the 
                        eligible entity is located in a rural area.
                            (ii) Exception.--Notwithstanding clause 
                        (i), the Secretary shall reduce the amount of 
                        funds made available under such clause for such 
                        projects if the Secretary does not receive a 
                        sufficient number of applications of sufficient 
                        quality.
                    (B) Medium-sized areas.--
                            (i) In general.--The Secretary shall ensure 
                        that an amount that is not less than 25 percent 
                        of the funds provided through the 
                        implementation grants for any fiscal year is 
                        made available for projects for which the 
                        eligible entity is located in a medium-sized 
                        area.
                            (ii) Exception.--Notwithstanding clause 
                        (i), the Secretary shall reduce the amount of 
                        funds made available under such clause for such 
                        projects if the Secretary does not receive a 
                        sufficient number of applications of sufficient 
                        quality.
                    (C) Economically distressed community or region.--
                The Secretary shall ensure that, to the greatest extent 
                practicable, funds provided through the planning and 
                implementation grants are made available for projects 
                that will serve an economically distressed community or 
                region.
    (d) Uses of Implementation Grant Funds.--
            (1) Economic development and job creation.--An eligible 
        entity that receives an implementation grant may use the grant 
        funds for a project to--
                    (A) support the creation of new businesses and jobs 
                in a variety of industries and occupations with middle 
                and high-skill jobs;
                    (B) implement local and regional strategies for job 
                creation and growth and economic diversification;
                    (C) cultivate entrepreneurship, including 
                strengthening the entrepreneurial ecosystem, developing 
                entrepreneurship education, and developing business 
                incubator programs;
                    (D) strengthen or develop existing or emerging 
                industry clusters;
                    (E) strengthen or develop regional infrastructure 
                that will benefit industry clusters;
                    (F) enhance access to and use of broadband services 
                to support job creation through business creation and 
                expansion;
                    (G)(i) facilitate access to private capital 
                investment; and
                    (ii) provide related capacity-building and 
                technical assistance concerning effective utilization 
                of capital investment for business development and job 
                creation;
                    (H) develop economic expansion and resilience 
                strategies; and
                    (I) develop robust support systems for individuals 
                who have families and who are trying to enter or re-
                enter the workforce, such as systems that provide 
                access--
                            (i) to child care;
                            (ii) to drug treatment resources; and
                            (iii) to employment services for 
                        individuals with disabilities.
            (2) Education and training.--In carrying out that project, 
        the eligible entity that receives an implementation grant may 
        use the grant funds to--
                    (A) establish or expand registered apprenticeship 
                programs and pre-apprenticeship programs in industries 
                and occupations with middle and high-skill jobs in the 
                industries and occupations identified as part of the 
                Invest in America plan prepared under the planning 
                grant;
                    (B) expand and target career and technical 
                education, occupational training programs, and training 
                services (as defined in section 3 of the Workforce 
                Innovation and Opportunity Act (29 U.S.C. 3102));
                    (C) provide enhanced services to dislocated workers 
                (as defined in section 3 of the Workforce Innovation 
                and Opportunity Act (29 U.S.C. 3102)), which may be 
                patterned after those services available under 
                subchapter B of chapter 2 of title II of the Trade Act 
                of 1974 (19 U.S.C. 2291 et seq.);
                    (D) offer and expand transitional jobs programs;
                    (E) focus resources on high-priority needs and 
                populations, including--
                            (i) computer science education and 
                        training;
                            (ii) entrepreneurship and start-up industry 
                        workforce skills;
                            (iii) skills for veterans transitioning 
                        back into the civilian workforce;
                            (iv) training for formerly incarcerated 
                        individuals re-entering the workforce; and
                            (v) underrepresented minorities, 
                        underrepresented women, and individuals with 
                        disabilities.
                    (F) build career pathway programs among and between 
                high schools, area career and technical education 
                schools, community colleges, regional 4-year 
                postsecondary educational institutions, workforce 
                development programs, and programs of community 
                partners, including building the career pathway 
                programs through memoranda of understanding and credit 
                transfer agreements among the schools, colleges, 
                institutions, and programs specified in this 
                subparagraph; and
                    (G) expand integrated adult education and 
                occupational training programs.
    (e) Federal Share.--
            (1) In general.--The Federal share of the cost of 
        implementing a project under this Act for a program year may 
        not be more than 70 percent.
            (2) Non-federal share.--The non-Federal share may be in 
        cash or in kind, fairly evaluated, including plant, equipment, 
        or services. The eligible entity shall provide the non-Federal 
        share from State or local sources, or private organizations.
            (3) Waiver.--The Secretary may waive the requirement of 
        paragraph (2), on a case-by-case basis, upon a showing of 
        exceptional circumstances, such as--
                    (A) the difficulty of raising funds for a non-
                Federal share for a project to serve a rural area; and
                    (B) the difficulty of raising funds for a non-
                Federal share for a project involving a tribal 
                organization.
    (f) Performance.--
            (1) Performance measures.--The Secretary shall establish 
        performance measures for the projects carried out under this 
        section. A portion of the performance measures shall be 
        workforce-related performance measures with indicators and 
        levels that shall include, at a minimum, the indicators and 
        levels described in subsection (c)(2)(D)(ii), as appropriate.
            (2) Evaluation.--Each recipient of an implementation grant 
        under this section shall obtain an independent evaluation of 
        the effectiveness of the project and the performance of the 
        eligible entity as outlined under subsection (c)(2)(D).
            (3) Report.--Each recipient of an implementation grant 
        under this section shall submit an annual report to the 
        Secretary that includes--
                    (A) a description of how the grant funds were used;
                    (B) the outcomes and impact of the project 
                implemented;
                    (C) the levels of performance for the recipient on 
                the applicable performance measures described in 
                paragraph (1); and
                    (D) the results of the evaluation conducted under 
                paragraph (2), if such an evaluation has been completed 
                during the year covered by the report.

SEC. 5. TECHNICAL ASSISTANCE.

    The Secretary may reserve not more than 5 percent of the funds 
available to make grants under this Act for each fiscal year to--
            (1) provide technical assistance for eligible entities, 
        either directly through an appropriate Federal department or 
        agency or through a contract with an appropriate expert 
        organization; and
            (2) disseminate information on best practices relating to 
        the activities carried out under this Act.

SEC. 6. COORDINATION WITH OTHER FEDERAL PROGRAMS.

    The heads of the Federal departments and agencies engaged in the 
grant application design and review process under section 4(c)(3) 
shall--
            (1) catalog all existing (as of the day of the cataloging) 
        programs related to workforce development activities or 
        economic development activities; and
            (2) ensure that the activities authorized under this Act 
        are implemented in a manner that is coordinated with the 
        programs identified under paragraph (1).

SEC. 7. FUNDING.

    (a) Limitation.--The Secretary may only carry out sections 4 and 5 
with amounts made available to the Secretary of Labor under section 
286(w) of the Immigration and Nationality Act, as added by subsection 
(c).
    (b) Supplemental Fees.--Section 214(c) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the 
following:
    ``(15)(A) If the Attorney General, the Secretary of Homeland 
Security, or the Secretary of State is required to impose a fee on an 
employer under paragraph (9) or (11), the Attorney General, the 
Secretary of Homeland Security, or the Secretary of State, as 
appropriate, shall also impose a supplemental fee on such employer in 
the amount determined under subparagraph (B).
    ``(B) The amount of the supplemental fee imposed on an employer 
under subparagraph (A), for each alien granted an immigration benefit 
under paragraph (9) or (11), shall be--
            ``(i) $260 for any employer with more than 25 full-time 
        equivalent employees who are employed in the United States 
        (including employees of any affiliate or subsidiary of such 
        employer); and
            ``(ii) $130 for any employer with not more than 25 such 
        employees.
    ``(C) Fees collected under this paragraph shall be deposited in the 
Treasury in accordance with section 286(w).''.
    (c) Supplemental H-1B Nonimmigrant Petitioner Account.--Section 286 
of the Immigration and Nationality Act (8 U.S.C. 1356) is amended by 
adding at the end the following:
    ``(w) Supplemental H-1B Nonimmigrant Petitioner Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `Supplemental H-1B Nonimmigrant Petitioner Account'. 
        Notwithstanding any other provision of law, there shall be 
        deposited as offsetting receipts into the account all fees 
        collected under section 214(c)(15).
            ``(2) Use of fees for invest in america competitive 
        grants.--The amounts deposited into the Supplemental H-1B 
        Nonimmigrant Petitioner Account shall remain available to the 
        Secretary of Labor until expended for planning grants, 
        implementation grants, and technical assistance under sections 
        4 and 5 of the Invest in America Act.''.
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