[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7385 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 7385

     To amend the Workforce Innovation Opportunity Act to codify a 
  competitive grant program to build community colleges' capacity to 
 provide employment and training programs for in-demand industries or 
                              occupations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2022

 Mrs. McBath (for herself, Mrs. Hayes, Mr. Bowman, Mr. Takano, and Mr. 
   Thompson of California) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
     To amend the Workforce Innovation Opportunity Act to codify a 
  competitive grant program to build community colleges' capacity to 
 provide employment and training programs for in-demand industries or 
                              occupations.

    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 ``Training, Retention, And Investment 
Now for a Better America Act'' or the ``TRAIN Act''.

SEC. 2. STRENGTHENING COMMUNITY COLLEGES TRAINING GRANTS PROGRAM.

    Subtitle D of title I (29 U.S.C. 3221 et seq.) is amended--
            (1) by redesignating section 172 as section 176; and
            (2) by inserting after section 171 the following:

``SEC. 172. STRENGTHENING COMMUNITY COLLEGES TRAINING GRANTS PROGRAM.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to establish, improve, or expand high-quality 
        educational or career training programs at community colleges; 
        and
            ``(2) to expand opportunities for individuals to obtain 
        recognized postsecondary credentials that are nationally or 
        regionally portable and stackable for high-skill, high-wage, or 
        in-demand industry sectors or occupations.
    ``(b) Strengthening Community Colleges Training Grants Program.--
            ``(1) In general.--From the amounts appropriated to carry 
        out this section under subsection (k) and not reserved under 
        paragraph (2), the Secretary shall, on a competitive basis, 
        make grants to eligible institutions to carry out the 
        activities described in subsection (e).
            ``(2) Reservation.--Of the amounts appropriated to carry 
        out this section under subsection (k), the Secretary may 
        reserve not more than two percent for the administration of 
        grants awarded under this section, including--
                    ``(A) providing technical assistance and targeted 
                outreach to support eligible institutions serving a 
                high number or high percentage of low-income 
                individuals or individuals with barriers to employment, 
                and rural-serving eligible institutions, to provide 
                guidance and assistance in the process of applying for 
                grants under this section; and
                    ``(B) evaluating and reporting on the performance 
                and impact of programs funded under this section in 
                accordance with subsections (f) through (h).
    ``(c) Award Period.--
            ``(1) Initial grant period.--Each grant under this section 
        shall be awarded for an initial period of not more than 4 
        years.
            ``(2) Subsequent grants.--An eligible institution that 
        receives an initial grant under this section may receive one or 
        more additional grants under this section for additional 
        periods of not more than 4 years each if the eligible 
        institution demonstrates that the community college and 
        industry partnership supported with the initial grant was 
        successful (as determined by the Secretary on the basis of the 
        levels of performance achieved with respect to the performance 
        indicators specified in subsection (f)).
    ``(d) Application.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section, an eligible institution shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may require.
            ``(2) Contents.--At a minimum, an application submitted by 
        an eligible institution under paragraph (1) shall include a 
        description of each the following:
                    ``(A) The extent to which the eligible institution 
                included in the partnership has prior experience in 
                leading similar capacity building projects that 
                demonstrates the institution's ability to accomplish 
                multi-pronged, complex projects and an explanation of 
                the results of any such projects.
                    ``(B) The extent to which the eligible institution 
                can--
                            ``(i) leverage additional resources to 
                        support the programs funded with the grant; and
                            ``(ii) demonstrate the future 
                        sustainability of each such program.
                    ``(C) The steps the institution will take to ensure 
                the quality of each program supported by the grant, 
                including the career pathways within such programs.
                    ``(D) The needs that will be addressed by the 
                community college and industry partnership supported by 
                the grant.
                    ``(E) The population and geographic area to be 
                served by the partnership.
                    ``(F) One or more industries that the partnership 
                will target and data demonstrating that those 
                industries are aligned with employer demand in the 
                geographic area to be served by the partnership.
                    ``(G) The educational or career training programs 
                to be supported by the grant.
                    ``(H) The recognized postsecondary credentials that 
                are expected to be earned by participants in such 
                programs and the related in-demand industry sectors or 
                occupations for which such programs will prepare 
                participants.
                    ``(I) The evidence upon which the education and 
                training strategies to be used in the programs are 
                based and an explanation of how such evidence 
                influenced the design of the programs to improve 
                education and employment outcomes.
                    ``(J) The methods and strategies the partnership 
                will use to engage with employers in in-demand industry 
                sectors or occupations.
                    ``(K) The roles and responsibilities of each 
                employer, organization, agency, or institution of 
                higher education with which the eligible institution 
                will partner to carry out activities under this 
                section.
                    ``(L) Whether, and to what extent, the activities 
                of the partnership are expected to align with the 
                workforce strategies identified in--
                            ``(i) any State plan or local plan 
                        submitted under this Act by the State, outlying 
                        area, or locality in which the partnership is 
                        expected to operate;
                            ``(ii) any State plan submitted under 
                        section 122 of the Carl D. Perkins Career and 
                        Technical Education Act of 2006 (20 U.S.C. 
                        2342) by such State or outlying area; and
                            ``(iii) any economic development plan of 
                        the chief executive of such State or outlying 
                        area.
                    ``(M) The goals of the partnership with respect 
                to--
                            ``(i) capacity building (as described in 
                        subsection (f)(1)(B)); and
                            ``(ii) the expected performance of 
                        individuals participating in the programs to be 
                        offered by the partnership, including with 
                        respect to any performance indicators 
                        applicable under section 116 or subsection (f) 
                        of this section.
            ``(3) Consideration of previous experience.--The Secretary 
        may not disqualify an otherwise eligible institution from 
        receiving a grant under this section solely because such 
        institution lacks previous experience in capacity building 
        projects, as described in subparagraph (2)(A).
            ``(4) Priority.--In awarding grants under this section, the 
        Secretary shall give priority to eligible entities that will 
        use the grant to serve--
                    ``(A) individuals with barriers to employment; or
                    ``(B) incumbent workers who need to gain or improve 
                foundational skills to enhance their employability.
    ``(e) Uses of Funds.--
            ``(1) Community college and industry partnership.--For the 
        purpose of carrying out the activities specified in paragraphs 
        (2) and (3), an eligible institution that receives a grant 
        under this section shall establish a partnership or continue an 
        existing partnership with one or more employers in an in-demand 
        industry sector or occupation and shall maintain such 
        partnership for the duration of the grant period. The eligible 
        institution shall ensure that the partnership--
                    ``(A) targets one or more specific high-skill, 
                high-wage, or in-demand industries;
                    ``(B) includes collaboration with the workforce 
                development system;
                    ``(C) serves adult and dislocated workers, 
                incumbent workers, and new entrants to the workforce;
                    ``(D) uses an evidence-based program design that is 
                appropriate for the activities carried out by the 
                partnership; and
                    ``(E) incorporates, to the extent appropriate, 
                virtual service delivery to facilitate technology-
                enabled learning.
            ``(2) Required activities.--An eligible institution that 
        receives a grant under this section, in consultation with the 
        partnership established under paragraph (1), shall--
                    ``(A) establish, improve, or expand high quality, 
                evidence-based education or career training programs, 
                career pathway programs, or work-based learning 
                programs (including apprenticeship programs or pre-
                apprenticeships that qualify an individual for 
                participation in an apprenticeship program); and
                    ``(B) use not less than 15 percent of the grant to 
                provide supportive services to individuals 
                participating in the programs funded with the grant to 
                facilitate retention and program completion, which may 
                include--
                            ``(i) childcare, transportation, mental 
                        health services, substance use disorder 
                        prevention and treatment, and assistance in 
                        obtaining health insurance coverage and 
                        housing;
                            ``(ii) assistance in accessing State and 
                        Federal means-tested benefits programs;
                            ``(iii) career navigation, coaching, 
                        mentorship, and case management services, 
                        including providing information and outreach to 
                        individuals with barriers to employment to 
                        encourage such individuals to participate in 
                        programs funded with the grant; and
                            ``(iv) providing access to course 
                        materials, technological devices, required 
                        equipment, and other supports necessary for 
                        participation in and successful completion of 
                        such programs.
            ``(3) Additional activities.--In addition to the activities 
        required under paragraph (2), an eligible institution that 
        receives a grant under this section, in consultation with the 
        partnership established under paragraph (1), shall carry out 
        one or more of the following activities:
                    ``(A) Establish, improve, or expand--
                            ``(i) articulation agreements (as defined 
                        in section 486A(a) of the Higher Education Act 
                        of 1965 (20 U.S.C. 1093a(a)));
                            ``(ii) credit transfer agreements;
                            ``(iii) corequisite remediation programs 
                        that enable a student to receive remedial 
                        education services while enrolled in a 
                        postsecondary course rather than requiring the 
                        student to receive remedial education before 
                        enrolling in a such a course;
                            ``(iv) dual or concurrent enrollment 
                        programs;
                            ``(v) competency-based education and 
                        assessment; or
                            ``(vi) policies and processes to award 
                        academic credit for prior learning or for the 
                        programs described in paragraph (2).
                    ``(B) Make available, in a format that is open, 
                searchable, and easily comparable, information on--
                            ``(i) curricula and recognized 
                        postsecondary credentials offered through 
                        programs funded with the grant, including any 
                        curricula or credentials created or further 
                        developed using such grant;
                            ``(ii) the skills or competencies developed 
                        by individuals who participate in such 
                        programs; and
                            ``(iii) related employment and earnings 
                        outcomes.
                    ``(C) Establish or implement plans for providers of 
                the programs described in paragraph (2) to meet the 
                criteria and carry out the procedures necessary to be 
                included on the eligible training services provider 
                list described in section 122(d).
                    ``(D) Purchase, lease, or refurbish specialized 
                equipment as necessary to carry out such programs.
                    ``(E) Reduce or eliminate unmet financial need 
                relating to participants' cost of attendance (as 
                defined under section 472 of the Higher Education Act 
                of 1965 (20 U.S.C. 1087ll)) in such programs.
            ``(4) Administrative cost limit.--An eligible institution 
        may use not more than 10 percent of the funds received under 
        this section for administrative costs, including costs related 
        to collecting information, analysis, and coordination for 
        purposes of subsection (f).
    ``(f) Performance Levels and Performance Reviews.--
            ``(1) In general.--The Secretary shall develop and 
        implement guidance that establishes the levels of performance 
        that are expected to be achieved by each community college and 
        industry partnership funded with a grant under this section. 
        Such performance levels shall be based on the following 
        indicators:
                    ``(A) Each of the primary indicators of performance 
                for adults described in section 116(b).
                    ``(B) The extent to which the partnership built 
                capacity by--
                            ``(i) increasing the breadth and depth of 
                        employer engagement and investment in 
                        educational and training programs in the in-
                        demand industry sectors and occupations 
                        targeted by the partnership;
                            ``(ii) designing or implementing new and 
                        accelerated instructional techniques or 
                        technologies, including the use of advanced 
                        online and technology-enabled learning; and
                            ``(iii) increasing program and policy 
                        alignment across systems and decreasing 
                        duplicative services or service gaps.
                    ``(C) With respect to individuals who participated 
                in an education or training program funded with the 
                grant--
                            ``(i) the percentage of participants who 
                        successfully completed a program; and
                            ``(ii) of the participants who were 
                        incumbent workers at the time of enrollment in 
                        the program, the percentage who advanced into 
                        higher-level positions during or after 
                        completing the program.
                    ``(D) Such other indicators of performance as the 
                Secretary determines appropriate.
            ``(2) Consultation and determination of performance 
        levels.--
                    ``(A) Consultation.--In developing the performance 
                levels under paragraph (1), the Secretary shall consult 
                with each partnership funded with a grant under this 
                section.
                    ``(B) Determination.--After completing the 
                consultation required under subparagraph (A), the 
                Secretary shall separately determine the performance 
                levels that will apply to each partnership taking into 
                account--
                            ``(i) the expected performance levels of 
                        each eligible entity with respect to the goals 
                        described in subsection (d)(2)(M); and
                            ``(ii) local economic conditions in the 
                        geographic area to be served by the 
                        partnership, including differences in 
                        unemployment rates and job losses or gains in 
                        particular industries.
                    ``(C) Notice and acknowledgment.--
                            ``(i) Notice.--The Secretary shall provide 
                        each partnership with a written notification 
                        that sets forth the performance levels that 
                        will apply to the partnership, as determined 
                        under subparagraph (B).
                            ``(ii) Acknowledgment.--After receiving the 
                        notification described in clause (i), each 
                        partnership shall submit to the Secretary 
                        written confirmation that the partnership--
                                    ``(I) received the notification; 
                                and
                                    ``(II) agrees to be evaluated in 
                                accordance with the performance levels 
                                set by the Secretary.
            ``(3) Performance reviews.--On an annual basis during each 
        year of the grant period, the Secretary shall evaluate the 
        performance of each partnership funded with a grant under this 
        section in a manner consistent with paragraph (2).
            ``(4) Failure to meet performance levels.--After conducting 
        an evaluation under paragraph (3), if the Secretary determines 
        that a partnership did not achieve the performance levels 
        applicable to the partnership under paragraph (2) the Secretary 
        shall--
                    ``(A) provide technical assistance to the 
                partnership; and
                    ``(B) develop a performance improvement plan for 
                the partnership.
    ``(g) Evaluations and Reports.--
            ``(1) In general.--Not later than 5 years after the date on 
        which the first grant is made under this section, the Secretary 
        shall design and conduct an evaluation to determine the overall 
        effectiveness of the community college and industry 
        partnerships funded under this section.
            ``(2) Elements.--The evaluation conducted under paragraph 
        (1) shall include an assessment of the general effectiveness of 
        programs and activities supported by grants awarded under this 
        section, including the extent to which the programs and 
        activities--
                    ``(A) developed new or expanded existing successful 
                industry sector strategies, including the extent to 
                which such partnerships deepened employer engagement 
                and developed education and training programs that met 
                industry skill needs;
                    ``(B) created, expanded, or enhanced career 
                pathways, including the extent to which the 
                partnerships developed or improved competency-based 
                education and assessment, credit for prior learning, 
                modularized and self-paced curricula, integrated 
                education and career training, dual enrollment in 
                secondary and postsecondary career pathways, stacked 
                and latticed credentials, and online and distance 
                learning;
                    ``(C) created alignment between community colleges 
                and the workforce development system;
                    ``(D) assisted individuals with finding, retaining, 
                or advancing in employment;
                    ``(E) assisted individuals with earning recognized 
                postsecondary credentials; and
                    ``(F) served various demographic groups, including 
                people of different geographic locations, ages, races, 
                national origins, and sex.
            ``(3) Design requirements.--The evaluation under this 
        subsection shall--
                    ``(A) be designed by the Secretary (acting through 
                the Chief Evaluation Officer) in conjunction with the 
                partnerships being evaluated;
                    ``(B) include analysis of participant feedback and 
                outcome and process measures; and
                    ``(C) use designs that employ the most rigorous 
                analytical and statistical methods that are reasonably 
                feasible, such as the use of control groups.
            ``(4) Data accessibility.--The Secretary shall make 
        available on a publicly accessible website of the Department of 
        Labor any data collected as part of the evaluation under this 
        subsection. Such data shall be made available in an aggregated 
        format that does not reveal personally identifiable 
        information.
            ``(5) Publication and reporting of evaluation findings.--
        The Secretary (acting through the Chief Evaluation Officer) 
        shall--
                    ``(A) not later than one year after the initial 
                award of grants under this section, publish an interim 
                report on the preliminary results of the evaluation 
                conducted under this subsection;
                    ``(B) not later than 60 days after the date on 
                which the evaluation is completed under this 
                subsection, submit to the Committee on Education and 
                Labor of the House of Representatives and the Committee 
                on Health, Education, Labor, and Pensions of the Senate 
                a report on such evaluation; and
                    ``(C) not later than 90 days after such completion 
                date, publish and make the results of the evaluation 
                available on a publicly accessible website of the 
                Department of Labor.
    ``(h) Annual Reports.--The Secretary shall make available on a 
publicly accessible website of the Department of Labor, in transparent, 
linked, open, and interoperable data formats, the following 
information:
            ``(1) The performance of partnerships on the capacity-
        building performance indicator set forth under subsection 
        (f)(1)(B).
            ``(2) The performance of partnerships on the participant 
        outcome performance indicators set forth under subsection 
        (f)(1)(C)).
            ``(3) The number of individuals enrolled in employment and 
        training activities funded with a grant under this section.
    ``(i) Definitions.--In this section:
            ``(1) Community college.--The term `community college' 
        means--
                    ``(A) a public institution of higher education (as 
                defined in section 101(a) of the Higher Education Act 
                (20 U.S.C. 1001(a)), at which--
                            ``(i) the highest degree awarded is an 
                        associate degree; or
                            ``(ii) an associate degree is the most 
                        frequently awarded degree;
                    ``(B) a branch campus of a 4-year public 
                institution of higher education (as defined in section 
                101 of the Higher Education Act of 1965 (20 U.S.C. 
                1001)), if, at such branch campus--
                            ``(i) the highest degree awarded is an 
                        associate degree; or
                            ``(ii) an associate degree is the most 
                        frequently awarded degree;
                    ``(C) a 2-year Tribal College or University (as 
                defined in section 316(b)(3) of the Higher Education 
                Act of 1965 (20 U.S.C. 1059c(b)(3))); or
                    ``(D) a degree-granting Tribal College or 
                University (as defined in section 316(b)(3) of the 
                Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3))) 
                at which--
                            ``(i) the highest degree awarded is an 
                        associate degree; or
                            ``(ii) an associate degree is the most 
                        frequently awarded degree.
            ``(2) Eligible institution.--The term `eligible 
        institution' means--
                    ``(A) a community college;
                    ``(B) a postsecondary vocational institution (as 
                defined in section 102(c) of the Higher Education Act 
                of 1965 (20 U.S.C. 1002(c))); or
                    ``(C) a consortium of such colleges or 
                institutions.
    ``(j) Supplement Not Supplant.--Funds made available under this 
section shall be used to supplement, and not supplant other Federal, 
State, and local public funds made available for carrying out the 
activities described in this section.
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $100,000,000 for fiscal year 2023;
            ``(2) $110,000,000 for fiscal year 2024;
            ``(3) $121,000,000 for fiscal year 2025;
            ``(4) $133,000,000 for fiscal year 2026;
            ``(5) $146,000,000 for fiscal year 2027; and
            ``(6) $161,000,000 for fiscal year 2028.''.
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