[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3892 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 3892

    To amend the Workforce Innovation and Opportunity Act to award 
competitive grants for the purpose of developing, offering, improving, 
 and providing educational or career pathway programs for workers, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2019

   Mr. Harder of California introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
    To amend the Workforce Innovation and Opportunity Act to award 
competitive grants for the purpose of developing, offering, improving, 
 and providing educational or career pathway programs for workers, 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 ``Short-Term Accelerated Reskilling 
Tracks Career Pathways Act'' or the ``START Career Pathways Act''.

SEC. 2. START PATHWAYS TO CAREERS FUND.

    Title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 
3111 et seq.) is amended by adding at the end the following:

              ``Subtitle F--START Pathways to Careers Fund

``SEC. 199. START PATHWAYS TO CAREERS PROGRAM.

    ``(a) Grants Authorized.--Not later than the end of the first full 
fiscal year after the date of enactment of the START Career Pathways 
Act, from funds appropriated under section 199A, the Secretary of Labor 
(in coordination with the Secretary of Education) shall award 
competitive grants to eligible entities described in subsection (c) for 
the purpose of developing, offering, improving, and providing 
educational or career pathway programs for workers.
    ``(b) Duration.--
            ``(1) In general.--The Secretaries may award a grant to an 
        eligible entity for not more than a 6-year period.
            ``(2) Continuation of grants.--At the end of the initial 3-
        year grant period for a grant awarded to an eligible entity 
        under this section, the Secretary shall evaluate, using the 
        performance indicators under subsection (h), each program for 
        which the eligible entity was awarded such grant to determine 
        if eligible entity is eligible to receive such grant for an 
        additional 3-year grant period.
    ``(c) Eligible Entity.--
            ``(1) Partnerships with employers or an employer or 
        industry partnership.--
                    ``(A) General definition.--For purposes of this 
                section, an `eligible entity' means any of the entities 
                described in subparagraph (B) (or a consortium of any 
                of such entities) in partnership with local employers 
                or a local employer or local industry partnership 
                representing multiple employers.
                    ``(B) Description of entities.--The entities 
                described in this subparagraph are--
                            ``(i) a junior college or a community 
                        college (as defined under section 316 of the 
                        Higher Education Act of 1965 (20 U.S.C. 1059c) 
                        to mean public 2-year State institutions of 
                        higher education at which the highest degree 
                        that is predominantly awarded to students is an 
                        associate's degree, including 2-year tribally 
                        controlled colleges);
                            ``(ii) a 4-year public institution of 
                        higher education (as defined in section 101(a) 
                        of the Higher Education Act of 1965 (20 U.S.C. 
                        1001(a))) that offers 2-year degrees, and that 
                        will use funds provided under this section for 
                        activities at the certificate and associate 
                        degree levels; or
                            ``(iii) a postsecondary vocational 
                        institution, as defined in section 102(c) of 
                        the Higher Education Act of 1965.
            ``(2) Additional partners.--
                    ``(A) Authorization of additional partners.--In 
                addition to partnering with local employers or a local 
                employer or local industry partnership representing 
                multiple employers as described in paragraph (1)(A), an 
                entity described in paragraph (1) may include in the 
                partnership described in paragraph (1) one or more of 
                the organizations described in subparagraph (B). Each 
                eligible entity that includes one or more such 
                organizations shall collaborate with the State or local 
                board in the area served by the eligible entity.
                    ``(B) Organizations.--The organizations described 
                in this subparagraph are as follows:
                            ``(i) A provider of adult education (as 
                        defined in section 203) or an institution of 
                        higher education (as defined in section 101 of 
                        the Higher Education Act of 1965 (20 U.S.C. 
                        1001)).
                            ``(ii) A community-based organization.
                            ``(iii) A joint labor-management 
                        partnership.
                            ``(iv) A State board that oversees higher 
                        education.
                            ``(v) A State educational agency (as 
                        defined in section 8101 of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        7801)).
                            ``(vi) An elementary school or secondary 
                        school (as such terms are defined in section 
                        8101 of the Elementary and Secondary Education 
                        Act of 1965 (20 U.S.C. 7801)).
                            ``(vii) A local educational agency (as 
                        defined in section 8101 of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        7801)).
                            ``(viii) A State-based education focused 
                        nonprofit.
                            ``(ix) An educational service agency (as 
                        defined in section 8101 of the Elementary and 
                        Secondary Education Act of 1965 (20 U.S.C. 
                        7801)).
                            ``(x) Any other not-for-profit or 
                        community-based organization, with a proven 
                        record on job training (as determined by the 
                        Secretaries), that the Secretaries consider 
                        appropriate.
    ``(d) Educational or Career Pathway Program.--For purposes of this 
section, the Governor of the State in which at least 1 of the entities 
described in subsection (c) of an eligible entity is located shall 
establish criteria for an educational or career training pathway 
program leading to a recognized postsecondary credential for which an 
eligible entity submits a grant proposal under subsection (e).
    ``(e) Application.--An eligible entity seeking a grant under this 
section shall submit an application containing a grant proposal, for an 
educational or career pathway program leading to a recognized 
postsecondary credential, to the Secretaries at such time and 
containing such information as the Secretaries determine is required, 
including--
            ``(1) a detailed description of--
                    ``(A) the extent to which the educational or career 
                pathway program described in the grant proposal fits 
                within an overall strategic plan consisting of--
                            ``(i) the State plan described in section 
                        102 or 103, for the State involved;
                            ``(ii) the local plan described in section 
                        108, for each local area that comprises a 
                        significant portion of the area to be served by 
                        the eligible entity; and
                            ``(iii) a strategic local plan developed by 
                        the eligible entity;
                    ``(B) the extent to which the program will meet the 
                needs of employers in the area for workers in high-
                skill, high-wage, or in-demand sectors or occupations;
                    ``(C) the extent to which the program will meet the 
                educational or career training needs of workers in the 
                area;
                    ``(D) the specific educational or career pathway 
                program and how the program meets the criteria 
                established under subsection (f), including the manner 
                in which the grant will be used to develop, offer, 
                improve, and provide the educational or career pathway 
                program;
                    ``(E) any previous experience of the eligible 
                entity in providing educational or career pathway 
                programs, the absence of which shall not automatically 
                disqualify an eligible institution from receiving a 
                grant under this section; and
                    ``(F) how the program leading to the credential 
                meets the criteria described in subsection (f); and
            ``(2) a detailed plan on how the entity will ensure that 
        the program will meet the performance measures described in 
        subsection (h), and an assurance that the entity will annually 
        submit to the Secretary information on the performance of the 
        program on such performance measures.
    ``(f) Criteria for Award.--
            ``(1) In general.--Grants under this section shall be 
        awarded based on criteria established by the Secretaries, that 
        include the following:
                    ``(A) A determination of the merits of the grant 
                proposal submitted by the eligible entity involved to 
                develop, offer, improve, and provide an educational or 
                career pathway program to be made available to local 
                workers.
                    ``(B) An assessment of the likely employment 
                opportunities available in the area to individuals who 
                complete an educational or career pathway program that 
                the eligible entity proposes to develop, offer, 
                improve, and provide.
                    ``(C) An assessment of prior demand for training 
                programs by individuals eligible for training and 
                served by the eligible entity, as well as availability 
                and capacity of existing (as of the date of the 
                assessment) training programs to meet future demand for 
                training programs.
            ``(2) Priority.--In awarding grants under this section, the 
        Secretaries shall give priority to eligible entities that--
                    ``(A) include a partnership, with local employers 
                or a local employer or local industry partnership, 
                that--
                            ``(i) pays a portion of the costs of 
                        educational or career pathway programs; or
                            ``(ii) creates a career pathway by 
                        supporting employers who hire individuals who 
                        have attained a recognized postsecondary 
                        credential resulting from the educational or 
                        career training pathway program of the eligible 
                        entity;
                    ``(B) enter into a partnership with a labor 
                organization or labor-management training program to 
                provide, through the program, technical expertise for 
                occupationally specific education necessary for a 
                recognized postsecondary credential leading to an 
                occupation in a local high-skill, high-wage, or in-
                demand industry sector or occupation;
                    ``(C) are focused on serving individuals with 
                barriers to employment, students who are veterans 
                including, active duty servicemembers who are otherwise 
                eligible for educational assistance under chapter 30 of 
                title 38, United States Code, spouses of members of the 
                Armed Forces, children of members of the Armed Forces, 
                and incumbent workers who are low-skilled and who need 
                to increase their work-related skills;
                    ``(D) include any eligible entities serving areas 
                with high unemployment rates; and
                    ``(E) are eligible entities that include an 
                institution of higher education eligible for assistance 
                under title III or V of the Higher Education Act of 
                1965 (20 U.S.C. 1051 et seq.; 20 U.S.C. 1101 et seq.).
    ``(g) Use of Funds.--Grant funds awarded under this section shall 
be used for one or more of the following:
            ``(1) The development, offering, improvement, and provision 
        of educational or career pathway programs, that provide 
        relevant job training for skilled occupations, that lead to 
        recognized postsecondary credentials, that will meet the needs 
        of employers in high-skill, high-wage, or in-demand sectors or 
        occupations (such as nursing, health care, agriculture, 
        horticulture, food, natural resources, fire science, building 
        trades, and labor) and that may include registered 
        apprenticeship programs, on-the-job training programs, and 
        programs that support employers in upgrading the skills of 
        their workforce.
            ``(2) The development and implementation of policies and 
        programs to expand opportunities for students to earn a 
        recognized postsecondary credential, including a degree, in 
        high-skill, high-wage, or in-demand industry sectors or 
        occupations, including by--
                    ``(A) facilitating the transfer of academic credits 
                between institutions of higher education, including the 
                transfer of academic credits for courses in the same 
                field of study;
                    ``(B) expanding articulation agreements and 
                policies that guarantee transfers between such 
                institutions, including through common course numbering 
                and use of a general core curriculum;
                    ``(C) developing or enhancing student support 
                services; and
                    ``(D) establishing policies and processes for 
                assessing and awarding course credit for work-related 
                learning.
            ``(3) The creation of career pathway programs that provide 
        a sequence of education and occupational training that leads to 
        a recognized postsecondary credential, including a degree, 
        including programs that--
                    ``(A) blend basic skills and occupational training;
                    ``(B) facilitate means of transitioning 
                participants from non-credit occupational, basic 
                skills, or developmental coursework to for-credit 
                coursework within and across institutions;
                    ``(C) build or enhance linkages, including the 
                development of dual enrollment programs and early 
                college high schools, between secondary education or 
                adult education programs (including programs 
                established under the Carl D. Perkins Career and 
                Technical Education Act of 2006 (20 U.S.C. 2301 et 
                seq.) and title II of this Act);
                    ``(D) are innovative programs designed to increase 
                the provision of training for students, including 
                students who are members of the National Guard or 
                Reserves, to enter high-skill, high-wage, or in-demand 
                industry sectors or occupations;
                    ``(E) support paid internships that will allow 
                students to simultaneously earn credit for work-based 
                learning and gain relevant employment experience in a 
                high-skill, high-wage, or in-demand industry sector or 
                occupation, which shall include opportunities that 
                transition individuals into employment; and
                    ``(F) develop competency-based education programs 
                that offer an outcome-oriented approach through which 
                recognized postsecondary credentials are awarded based 
                on successful demonstration of skills and proficiency.
            ``(4) A Pay-for-Success program that leads to a recognized 
        postsecondary credential, for which an eligible entity--
                    ``(A) enters into a partnership with an investor, 
                such as a philanthropic organization that provides 
                funding for a specific project to address a clear and 
                measurable educational or career training need in the 
                area to be served under the grant; and
                    ``(B) agrees to be reimbursed under the grant only 
                if the project achieves specified performance outcomes 
                and criteria agreed to by the Secretary.
    ``(h) Performance Measures.--
            ``(1) In general.--The Secretary shall establish 
        performance measures for the programs carried out under this 
        section.
            ``(2) Measures.--The performance measures shall consist 
        of--
                    ``(A) indicators of performance, including the 
                number of program participants who are in unsubsidized 
                employment during the second quarter after exit from 
                the program; and
                    ``(B) a level of performance for each indicator 
                described in subparagraph (A).
            ``(3) Monitoring progress.--The Secretary shall monitor the 
        progress of eligible entities that receive grants under this 
        section in ensuring that their programs meet the performance 
        measures.

``SEC. 199A. GENERAL PROVISIONS.

    ``(a) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to carry out the program 
        established by section 199. Funds appropriated under this 
        subsection shall remain available until the end of the 5th full 
        fiscal year after the date of enactment of the START Career 
        Pathways Act.
            ``(2) Administrative cost.--Not more than 5 percent of the 
        amounts made available under paragraph (1) may be used by the 
        Secretaries for Federal administration of the program described 
        in that subsection, including providing technical assistance 
        and carrying out evaluations for the program described in that 
        subsection.
            ``(3) Period of availability.--The funds appropriated 
        pursuant to paragraph (1) for a fiscal year shall be available 
        for Federal obligation for that fiscal year and the succeeding 
        4 fiscal years.
    ``(b) Secretaries Defined.--In this subtitle, the term 
`Secretaries' means the Secretary of Labor and the Secretary of 
Education.''.

SEC. 3. START (SHORT-TERM ACCELERATED RESKILLING TRACKS) PATHWAYS TO 
              CAREERS FEDERAL PELL GRANTS.

    Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a-1) 
is amended by adding at the end the following:
    ``(k) Start Federal Pell Grant Applications.--
            ``(1) In general.--For the award years beginning on October 
        1, 2019, the Secretary shall carry out a program through which 
        the Secretary shall award START Federal Pell Grants to students 
        in eligible short-term programs.
            ``(2) Terms and conditions.--Each START Federal Pell Grant 
        awarded under this subsection shall have the same terms and 
        conditions, and be awarded in the same manner, as a Federal 
        Pell Grant awarded under subsection (a), except as follows:
                    ``(A) Student eligibility.--A student who is 
                eligible to receive a Federal Pell Grant under this 
                subsection is a student who--
                            ``(i) has not yet attained a baccalaureate 
                        degree or postbaccalaureate degree; and
                            ``(ii) is enrolled, or accepted for 
                        enrollment, in an eligible short-term program 
                        at an institution of higher education.
                    ``(B) Grant amount.--The amount of a START Federal 
                Pell Grant awarded under this subsection for an 
                eligible student shall be determined under subsection 
                (b)(2)(A), except that--
                            ``(i) subsection (b)(4) shall be applied by 
                        substituting `5 percent' for `ten percent'; and
                            ``(ii) no increase shall be calculated 
                        under subsection (b)(7)(B) for such student.
                    ``(C) Inclusion in duration limits.--Any period 
                during which a student receives a START Federal Pell 
                Grant under this subsection shall be included in 
                calculating the student's period of eligibility for 
                Federal Pell Grants under subsection (c), and any 
                regulations under such subsection regarding students 
                who are enrolled in an undergraduate program on less 
                than a full-time basis shall similarly apply to 
                students who are enrolled in an eligible short-term 
                program at an eligible institution on less than a full-
                time basis.
                    ``(D) Effect on discontinued participation.--An 
                eligible student who receives a START Federal Pell 
                Grant under this subsection shall receive such grant 
                during the period in which the student is enrolled in a 
                short-term program for which the student receives such 
                grant and is making satisfactory academic progress, 
                without regard to whether the short-term program ceases 
                to be eligible for participation in the START Federal 
                Pell Grant program under this subsection.
            ``(3) Eligible short-term program requirements.--
                    ``(A) In general.--To be an eligible short-term 
                program for purposes of this subsection, the Secretary 
                shall determine that a short-term program meets the 
                following:
                            ``(i) The short-term program is made 
                        available to workers in the geographic area in 
                        which the program is offered.
                            ``(ii) The short-term program prepares 
                        participants for employment opportunities in 
                        high-skill, high-wage, or in-demand sectors or 
                        occupations in such geographic area.
                            ``(iii) The short-term program meets any 
                        other requirements that the Secretary 
                        determines appropriate.
                    ``(B) Termination of eligible short-term program 
                status.--A short-term program may cease to be an 
                eligible short-term program for purposes of this 
                subsection if not less than 2 annual evaluations under 
                paragraph (4) for such program demonstrate that the 
                program does not meet the performance outcomes 
                established by the Secretary on the metrics described 
                in paragraph (4)(B)(ii).
            ``(4) Evaluations and reports.--
                    ``(A) Reports.--Not later than 3 years after the 
                date that the first Federal Pell Grant is awarded under 
                this subsection, and on an annual basis thereafter, the 
                Secretary, in consultation with the Director of the 
                Institute of Education Sciences, shall evaluate each 
                short-term program participating under this subsection 
                in accordance with subparagraph (B), and report the 
                results of such evaluation to the authorizing 
                committees.
                    ``(B) Evaluation of programs.--An evaluation of a 
                short-term program under subparagraph (A) shall--
                            ``(i) evaluate the extent to which such 
                        short-term program meets the requirements under 
                        paragraph (3); and
                            ``(ii) include both qualitative and 
                        quantitative evidence of--
                                    ``(I) the program's alignment with 
                                workforce needs, including placement 
                                and retention in jobs related to the 
                                training provided by the program;
                                    ``(II) the effect, if any, this 
                                program has on matriculation of 
                                students attending 4-year institutions;
                                    ``(III) the extent to which 
                                students have sought a higher 
                                credential or degree or military 
                                service;
                                    ``(IV) employment rates after 
                                program completion;
                                    ``(V) earnings (either average 
                                earnings of completers or the share of 
                                completers earning more than the 
                                average high school graduate);
                                    ``(VI) program completion rates; 
                                and
                                    ``(VII) rates of continued 
                                education of those who have completed 
                                the program.
            ``(5) Sunset.--The Secretary shall not have the authority 
        to award Federal Pell Grants under this subsection after the 
        date that is 7 years after the date of enactment of the START 
        Career Pathways Act.
            ``(6) Definitions.--In this subsection:
                    ``(A) Career and technical education.--The term 
                `career and technical education' 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).
                    ``(B) High-skill; high-wage.--The terms `high-
                skill' and `high-wage' are used as such terms are used 
                in the Carl D. Perkins Career and Technical Education 
                Act of 2006 (20 U.S.C. 2301 et seq.).
                    ``(C) Job training program.--The term `job training 
                program' means a career and technical education program 
                at an institution of higher education that--
                            ``(i) provides not less than 150 clock 
                        hours of instructional time over a period of 
                        not less than 8 weeks;
                            ``(ii) provides training in partnership 
                        with the requirements of employers in the State 
                        or local area, which may include high-skill, 
                        high-wage, or in-demand sectors or occupations 
                        in the State or local area;
                            ``(iii) provides a student, upon completion 
                        of the program, with a recognized postsecondary 
                        credential, that is widely recognized by local 
                        employers in the relevant industry, including 
                        credentials recognized by industry or sector 
                        partnerships in the State or local area where 
                        the industry is located;
                            ``(iv) utilizes work-based and worksite 
                        learning experiences, where appropriate and 
                        available, that--
                                    ``(I) are related to the employment 
                                for which the program provides training 
                                (such as employment in a sector or 
                                occupation described in clause (ii)); 
                                and
                                    ``(II) are supervised by an 
                                individual with expertise in the field; 
                                and
                            ``(v) has been determined by the 
                        institution of higher education (after 
                        validation of that determination by an industry 
                        or sector partnership) to provide academic 
                        content, an amount of instructional time, and a 
                        recognized postsecondary credential that--
                                    ``(I) meet the hiring requirements 
                                of potential local employers;
                                    ``(II) allow the students to apply 
                                for any licenses or certifications that 
                                may be required to be employed in the 
                                local field for which the job training 
                                is offered;
                                    ``(III) may include integrated or 
                                basic skills courses; and
                                    ``(IV) may be offered as part of an 
                                eligible local eligible career pathways 
                                program.
                    ``(D) Short-term program.--The term `short-term 
                program' means--
                            ``(i) a career and technical education 
                        program that provides more than 320 clock hours 
                        and less than 600 clock hours of instruction;
                            ``(ii) an educational or career pathway 
                        program that is part of a career pathway; or
                            ``(iii) a job-training program.
                    ``(E) WIOA terms.--The terms `career pathway', `in-
                demand industry sector or occupation', and `recognized 
                postsecondary credential' have the meanings given the 
                terms in section 3 of the Workforce Innovation and 
                Opportunity Act (29 U.S.C. 3102).''.
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