118 HR 6601 IH: Training, Retention, And Investment Now for a Better America Act
U.S. House of Representatives
2023-12-05
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EN
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I
118th CONGRESS
1st Session
H. R. 6601
IN THE HOUSE OF REPRESENTATIVES
December 5, 2023
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 the Workforce
A BILL
To amend the Workforce Innovation and 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.
1.

Short title
This Act may be cited as the “Training, Retention, And Investment Now for a Better America Act” or the “TRAIN Act”.
2.

Strengthening community colleges training grants program
Subtitle D of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221 et seq.) is amended—
(1)
by redesignating section 172 as section 173; and
(2)
by inserting after section 171 the following:
“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-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 activities funded under this section in accordance with subsections (f) through (h).
(c)

Award periods
(1)

In general
Each grant under this section shall be awarded for a grant period of not more than 4 years.
(2)

Subsequent grants
An eligible institution that receives a grant for a 4-year grant period under this section may receive one or more additional grants under this section for periods of not more than 4 years, if the Secretary determines that the eligible institution’s performance with respect to activities supported by each preceding grant received under this section qualifies the institution for such additional grant.
(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 each the following:
(A)
A description of the community college and industry partnership to be established by the eligible institution under subsection (e)(1), including—
(i)
the expected participation and responsibilities of each of the partners included in the community college and industry partnership;
(ii)
evidence of such partnership’s capacity to carry out activities described in subsection (e); and
(iii)
the methods and strategies the partnership will use to engage with employers in in-demand industry sectors or occupations.
(B)
A description of the industries or sectors to be served by the activities to be carried out under the grant, including—
(i)
how such industries or sectors will be identified by the eligible institution through working with businesses, industry associations and organizations, labor organizations, labor management organizations, State boards, local boards, economic development agencies, or other organizations that the eligible institution determines necessary; and
(ii)
data demonstrating such industries or sectors are aligned with employer demand in the geographic area to be served by the eligible institution with such grant.
(C)
The extent to which the eligible institution has prior experience in leading capacity building projects, which demonstrates such institution’s ability to accomplish multi-pronged, complex projects and an explanation of the results of any such projects.
(D)
The extent to which the eligible institution can—
(i)
leverage additional resources to support the education or career training program, career pathway program, or work-based learning program described in subsection (e)(2)(A) to be funded with the grant; and
(ii)
demonstrate the future sustainability of such program.
(E)
A description of each proposed program referred to in subparagraph (D)(i) to be supported by the grant, including—
(i)
whether such program—
(I)
is part of a career pathway; and
(II)
includes an integrated education and training;
(ii)
steps the eligible institution will take to ensure the quality of such program; and
(iii)
the estimated number of individuals to receive training under such program.
(F)
A description of any recognized postsecondary credential that the eligible institution proposes to offer or develop using such grant, and an assurance that such credential shall be—
(i)
nationally portable;
(ii)
an industry recognized credential in an industry that the eligible institution proposes to support using the grant or, if not available for such industry, another credential determined by the Secretary to be appropriate; and
(iii)
related to the in-demand industry or sector that the eligible partnership proposes to support using the grant, and stackable with respect to other credentials.
(G)
A description of how each credential described in subparagraph (F) is aligned with quality job opportunities, including, with respect to such opportunities—
(i)
the wage level, and whether such wages support economic self-sufficiency;
(ii)
the availability of benefits, such as paid time off, health insurance, and retirement savings plan;
(iii)
the availability of predictable work hours;
(iv)
the history of employer compliance with Federal and State health, safety, and employment standards; and
(v)
the opportunities for advancement within an industry or sector, which may include additional education and training opportunities and mentorship.
(H)
The needs that will be addressed by the community college and industry partnership supported by the grant.
(I)
A description of the population and geographic area to be served by the eligible institution, including how—
(i)
such eligible institution will serve unemployed individuals, low-income individuals, dislocated workers, individuals with barriers to employment, individuals with disabilities, veterans, and women; and
(ii)
the programs described in subsection (e) will support access and eliminate barriers to training and employment for individuals described under clause (i).
(J)
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 educational or training programs to improve education and employment outcomes.
(K)
A description of the activities to be carried out under the grant, and whether, and to what extent, such activities 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.
(L)
The goals of the eligible institution 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 eligible institution, including with respect to performance 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)(C).
(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 community college and industry 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 in-demand industry or sector;
(B)
supports industry recognized credentials that are aligned with quality job opportunities;
(C)
includes collaboration with the workforce development system;
(D)
serves adult and dislocated workers, incumbent workers, and new entrants to the workforce;
(E)
uses an evidence-based program design that is appropriate for the activities carried out by the partnership; and
(F)
incorporates, to the extent appropriate, virtual service delivery to facilitate technology-enabled learning.
(2)

Required activities
The partnership established by the eligible institution 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) that are aligned with industry recognized credentials and quality job opportunities; 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), 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 outcomes and performance reviews
(1)

In general
The Secretary shall conduct an annual performance review with respect to activities carried out under this section, which shall include—
(A)
an assessment of outcomes of students who participated in an education or training program supported by a grant under this section, including whether such students have proficient levels of performance based on indicators described in section 116(b);
(B)
the extent to which the eligible institution—
(i)
engaged employers and secured investment in educational and training programs in the in-demand industry sectors and occupations targeted by the eligible institution;
(ii)
utilized, designed, or implemented new and accelerated instructional techniques or technologies, including the use of advanced online and technology-enabled learning; and
(iii)
supported program and policy alignment across systems and addressed duplicative services or service gaps; and
(C)
such other indicators of success as determined by the Secretary.
(2)

Failure to meet proficient performance
After conducting a performance review under paragraph (1), if the Secretary determines that an eligible institution did not achieve proficient performance based on the criteria described in such paragraph the Secretary shall—
(A)
provide technical assistance to the eligible institution; and
(B)
develop a performance improvement plan for the eligible institution.
(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 eligible institutions receiving a grant 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 eligible institutions 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 eligible institutions 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;
(F)
served various demographic groups, including people of different geographic locations, ages, races, national origins, and sex; and
(G)
increased access to industry recognized credentials and supported pathways to quality job opportunities for individuals with barriers to employment.
(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 eligible institutions 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 the Workforce 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 eligible institution based on the assessment of student outcomes described in subsection (f)(1)(A).
(2)
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)
$110,000,000 for fiscal year 2024;
(2)
$121,000,000 for fiscal year 2025;
(3)
$133,000,000 for fiscal year 2026;
(4)
$146,000,000 for fiscal year 2027;
(5)
$161,000,000 for fiscal year 2028; and
(6)
$176,000,000 for fiscal year 2029.”.
3.

Conforming amendments to the table of contents
The table of contents of the Workforce Innovation and Opportunity Act in section 1(b) is amended—
(1)
by striking the item relating to section 172; and
(2)
by inserting after the item relating to section 171, the following:
“Sec. 172. Strengthening community colleges training grants program.
Sec. 173. Authorization of appropriations.”.