[Congressional Record Volume 163, Number 195 (Thursday, November 30, 2017)]
[Senate]
[Pages S7615-S7618]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1771. Mr. BENNET submitted an amendment intended to be proposed to
amendment SA 1618 proposed by Mr. McConnell (for Mr. Hatch (for himself
and Ms. Murkowski)) to the bill H.R. 1, to provide for reconciliation
pursuant to titles II and V of the concurrent resolution on the budget
for fiscal year 2018; which was ordered to lie on the table; as
follows:
At the appropriate place in title I, insert the following:
Subtitle F--Coal Community Empowerment Act
SEC. 16001. SHORT TITLE.
This subtitle may be cited as the ``Coal Community
Empowerment Act of 2017''.
PART I--COAL COMMUNITY ZONE TAX INCENTIVES
SEC. 16101. COAL COMMUNITY ZONES.
(a) In General.--Subchapter Y of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new part:
``PART IV--COAL COMMUNITY ZONES
``Sec. 1400V-1. Definition of coal community zone.
``Sec. 1400V-2. Application of empowerment zone incentives to coal
community zones.
``Sec. 1400V-3. Commercial revitalization deduction.
``Sec. 1400V-4. Exclusion of capital gains.
``Sec. 1400V-5. Application of new markets tax credit to investments in
community development entities serving coal community
zones.
``SEC. 1400V-1. DEFINITION OF COAL COMMUNITY ZONE.
``(a) In General.--For purpose of this part, the term `coal
community zone' means any county in the United States in
which--
``(1)(A) there were not less than 50 fewer individuals
employed at coal mines in such county for calendar year 2015
as compared to calendar year 2011 (determined based on data
collected by the Federal Mine Safety and Health
Administration), and
``(B) the quarterly average of the total number of
employees employed in such county for the first calendar year
in the applicable period (as estimated by the Bureau of Labor
Statistics) was not more than 20,000, or
``(2) not less than an average of 5 percent of the total
employment within the county during the applicable period was
at coal mines.
``(b) Definitions.--For purposes of this section--
``(1) Applicable period.--The term `applicable period'
means the period beginning after December 31, 2010, and
ending before January 1, 2016.
``(2) Coal mine.--The term `coal mine' has the meaning
given such term under section 3(h)(2) of the Federal Mine
Safety and Health Act of 1977.
``SEC. 1400V-2. APPLICATION OF EMPOWERMENT ZONE INCENTIVES TO
COAL COMMUNITY ZONES.
``(a) In General.--For purposes of this title, except as
otherwise provided in this section, a coal community zone
shall be treated as an empowerment zone designated under
subchapter U.
``(b) Period of Designation.--A designation as an
empowerment zone under subsection (a) shall remain in effect
during the period beginning on January 1, 2018, and ending on
December 31, 2022.
``(c) Special Rules for Bonds.--
``(1) In general.--In the case of a coal community zone
bond--
``(A) such bond shall not be treated as a private activity
bond for purposes of section 146, and
``(B) section 1394(c) shall not apply.
``(2) Limitation on amount of bonds.--
``(A) In general.--There is a national coal community zone
bond limitation for all coal community zone bonds. Such
limitation is $1,000,000,000.
``(B) Allocation of limitation.--The Secretary shall
allocate the limitation under subparagraph (A) to States in
which there are located coal community zones. Such allocation
shall be in proportion to the population of residents in coal
community zones in such States relative to the total
population of residents in all coal community zones. The
limitation allocated to a State under the preceding sentence
shall be allocated to issuers of coal community zone bonds in
such State.
``(C) Designation subject to limitation amount.--The
maximum face amount of bonds issued which may be designated
under paragraph (3)(A) shall not exceed the limitation amount
allocated to such issuer under subparagraph (B).
``(3) Coal community bond.--For purposes of this
subsection, the term `coal community bond' means any bond
which would be described in section 1394(a) if--
``(A) such bond was designated for purposes of this
subsection by the bond issuer, and
``(B) only coal community zones were taken into account
under sections 1397C and 1397D.
``(d) Special Rules for Employment Credit.--In applying
section 1396 to a coal community zone, the term `qualified
zone employee' shall not include any individual who begins
work for the employer before January 1, 2018. Rules similar
to section 51(i)(2) shall apply for purposes of the preceding
sentence.
``(e) Special Rules for Increased Section 179 Expensing.--
``(1) In general.--In applying section 1397A to a coal
community zone--
``(A) `$500,000' shall be substituted for `$35,000' in
subsection (a)(1)(A), and
``(B) in lieu of applying subsection (a)(2), the dollar
amount in effect under section 179(b)(2) shall be increased
by the lesser of--
``(i) $500,000, or
``(ii) the cost of section 179 property which is qualified
zone property (as defined in section 179D) placed in service
during the taxable year.
``(2) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2018, the $500,000 amounts
in subparagraphs (A) and (B)(i) of paragraph (1) shall each
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 2017'
for `calendar year 1992' in subparagraph (B) thereof.
``(B) Rounding.--Any increase determined under subparagraph
(A) shall be rounded to the nearest multiple of $10,000.
``(f) Special Rules for Nonrecognition of Gain on Rollover
of Empowerment Zone Investments.--In applying section 1397B
to a coal community zone--
``(1) `December 31, 2017' shall be substituted for `the
date of the enactment of this paragraph' in subsection
(b)(1)(A)(iii), and
``(2) `January 1, 2023' shall be substituted for `the day
after the date set forth in section 1391(d)(1)(A)(i)' in
subsection (b)(1)(A)(iv).
``SEC. 1400V-3. COMMERCIAL REVITALIZATION DEDUCTION.
``For purposes of section 1400I--
``(1) a coal community zone shall be treated as a renewal
community, and
``(2) in applying such section to a coal community zone--
``(A) subsection (d)(2)(A) shall be applied by substituting
`each calendar year after 2017 and before 2023 is $16,000,000
for each coal community zone (as defined in section 1400V-1)
in the State' for `each calendar year after 2001 and before
2010 is $12,000,000 for each renewal community in the State',
and
``(B) subsection (g) shall be applied by substituting
`December 31, 2022' for `December 31, 2009'.
``SEC. 1400V-4. EXCLUSION OF CAPITAL GAINS.
``(a) In General.--Gross income does not include any
qualified capital gain from the sale or exchange of a
qualified coal community zone asset held for more than 5
years.
``(b) Qualified Coal Community Zone Asset.--For purposes of
this section--
``(1) In general.--The term `qualified coal community zone
asset' means--
``(A) any qualified coal community zone stock,
``(B) any qualified coal community zone partnership
interest, and
``(C) any qualified coal community zone business property.
``(2) Qualified coal community zone stock.--
``(A) In general.--Except as provided in subparagraph (B),
the term `qualified coal community zone stock' means any
stock in a domestic corporation if--
``(i) such stock is acquired by the taxpayer after December
31, 2017, and before January 1, 2023, at its original issue
(directly or through an underwriter) from the corporation
solely in exchange for cash,
``(ii) as of the time such stock was issued, such
corporation was a coal community zone business (or, in the
case of a new corporation, such corporation was being
organized for purposes of being a coal community zone
business), and
``(iii) during substantially all of the taxpayer's holding
period for such stock, such corporation qualified as a coal
community zone business.
``(B) Redemptions.--A rule similar to the rule of section
1202(c)(3) shall apply for purposes of this paragraph.
``(3) Qualified coal community zone partnership interest.--
The term `qualified coal community zone partnership interest'
means any capital or profits interest in a domestic
partnership if--
``(A) such interest is acquired by the taxpayer after
December 31, 2017, and before January 1, 2023, from the
partnership solely in exchange for cash,
``(B) as of the time such interest was acquired, such
partnership was a coal community zone business (or, in the
case of a new partnership, such partnership was being
organized for purposes of being a coal community zone
business), and
``(C) during substantially all of the taxpayer's holding
period for such interest, such partnership qualified as a
coal community zone business.
A rule similar to the rule of paragraph (2)(B) shall apply
for purposes of this paragraph
``(4) Qualified coal community zone business property.--
``(A) In general.--The term `qualified coal community zone
business property' means tangible property if--
``(i) such property was acquired by the taxpayer by
purchase (as defined in section 179(d)(2)) after December 31,
2017, and before January 1, 2023,
[[Page S7616]]
``(ii) the original use of such property in the coal
community zone commences with the taxpayer, and
``(iii) during substantially all of the taxpayer's holding
period for such property, substantially all of the use of
such property was in a coal community zone business of the
taxpayer.
``(B) Special rule for substantial improvements.--The
requirements of clauses (i) and (ii) of subparagraph (A)
shall be treated as satisfied with respect to--
``(i) property which is substantially improved by the
taxpayer before January 1, 2023, and
``(ii) any land on which such property is located.
The determination of whether a property is substantially
improved shall be made under clause (ii) of section
1400B(b)(4)(B), except that `December 31, 2017' shall be
substituted for `December 31, 1997' in such clause.
``(5) Coal community zone business.--For purposes of this
section, the term `coal community zone business' means any
entity or proprietorship which would be a qualified business
entity or qualified proprietorship under section 1397C if
references to coal community zones were substituted for
references to empowerment zones.
``(c) Qualified Capital Gain.--For purposes of this
section--
``(1) In general.--Except as otherwise provided in this
subsection, the term `qualified capital gain' means any gain
recognized on the sale or exchange of--
``(A) a capital asset, or
``(B) property used in the trade or business (as defined in
section 1231(b)).
``(2) Gain before 2018 or after 2022 not qualified.--The
term `qualified capital gain' shall not include any gain
attributable to periods before January 1, 2018, or after
December 31, 2022.
``(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (3), (4), and (5) of section 1400B(e) shall
apply for purposes of this subsection.
``(d) Certain Rules To Apply.--For purposes of this
section, rules similar to the rules of paragraphs (5), (6),
and (7) of subsection (b), and subsections (f) and (g), of
section 1400B shall apply; except that for such purposes
section 1400B(g)(2) shall be applied by substituting `January
1, 2018' for `January 1, 1998' and `December 31, 2022' for
`December 31, 2014'.
``(e) Regulations.--The Secretary shall prescribe such
regulations as may be appropriate to carry out the purposes
of this section, including regulations to prevent the abuse
of the purposes of this section.
``SEC. 1400V-5. APPLICATION OF NEW MARKETS TAX CREDIT TO
INVESTMENTS IN COMMUNITY DEVELOPMENT ENTITIES
SERVING COAL COMMUNITY ZONES.
``For purposes of section 45D--
``(1) a qualified community development entity shall be
eligible for an allocation under subsection (f)(2) thereof of
the increase in the new markets tax credit limitation
described in paragraph (2) only if a significant mission of
such entity is the recovery and redevelopment of population
census tracts within coal community zones,
``(2) the new markets tax credit limitation otherwise
determined under subsection (f)(1) thereof shall be increased
by an amount equal to $300,000,000 for each of calendar years
2017, 2018, 2019, and 2020, to be allocated among qualified
community development entities to make qualified low-income
community investments within coal community zones, and
``(3) subsection (f)(3) thereof shall be applied separately
with respect to the amount of the increase under paragraph
(2).''.
(b) Conforming Amendments.--
(1) Section 1394(f)(3)(B) of the Internal Revenue Code of
1986 is amended by inserting ``or any coal community zone''
after ``District of Columbia Enterprise Zone''.
(2) The table of parts for subchapter Y of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new item:
``Part IV--Coal Community Zones''.
PART II--EDUCATION AND TRAINING FOR COAL COMMUNITIES
SEC. 16201. DEFINITIONS.
In this title:
(1) Coal community individual.--The term ``coal community
individual'' means an individual--
(A) with a principal residence in a coal community zone; or
(B) who works in a coal community zone.
(2) Coal community student.--The term ``coal community
student'' means a coal community individual attending an
educational program.
(3) Coal community zone.--The term ``coal community zone''
has the meaning given the term in section 1400V-1 of the
Internal Revenue Code of 1986, as added by section 16101.
(4) Coal-fired generator.--The term ``coal-fired
generator'' means an electric utility steam generating unit
that burns coal for 50 percent or more of the average annual
heat input.
(5) Coal-related employee.--The term ``coal-related
employee'' means, with respect to any county, any individual
who--
(A) is employed at a coal mine (as defined in section
3(h)(2) of the Federal Mine Safety and Health Act of 1977(30
U.S.C. 802)) in such county, or
(B) is employed at a coal-fired generator located in such
county by the owner of such coal-fired generator.
(6) Eligible entity.--The term ``eligible entity'' means a
partnership between--
(A)(i) an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002));
(ii) a nonprofit educational organization; or
(iii) a provider identified under section 122 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3152);
and
(B) not less than 1 business or industry that intends to
expand or hire additional or new workers who are coal
community individuals or who previously worked in the coal
community zone.
(7) In-demand industry sector or occupations.--The term
``in-demand industry sector or occupation'' has the meaning
given the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(8) Local administrator.--The term ``local administrator''
means an entity that--
(A) is--
(i) a local governmental agency;
(ii) a partnership consisting of a local governmental
agency and an institution of higher education or a nonprofit
organization;
(iii) a local board (as defined in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102));
(iv) a State governmental agency; or
(v) a nonprofit organization; and
(B) has been selected by the local government of a coal
community zone to administer the individual support account
program under section 16202 and the business training fund
program under section 16205, to the extent the local
government elects to apply for grants under either such
section.
(9) Qualifying individual.--The term ``qualifying
individual'' means an individual--
(A) whose principal residence is within a coal community
zone; and
(B) whom the local administrator of the coal community zone
determines is in need of additional education and training in
order to obtain long-term employment at a high wage.
(10) 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).
(11) Secretaries.--The term ``Secretaries'' means the
Secretary of Education and the Secretary of Labor.
SEC. 16202. INDIVIDUAL SUPPORT ACCOUNTS.
(a) Program Authorized.--
(1) In general.--For each fiscal year for which funds are
available under subsection (f), the Secretaries, in
accordance with the interagency agreement described in
section 16206, shall carry out a program awarding grants to
local administrators of coal community zones, to enable the
local administrators to use such funds to manage individual
support accounts for qualifying individuals.
(2) Duration.--
(A) In general.--Grants awarded under paragraph (1) shall
be expended for approved education and training by the last
day of the 3-year period beginning on the award date.
(B) Renewal.--The Secretaries may renew a grant under
paragraph (1) once for an additional 2-year period, if the
local administrator demonstrates that the program under the
grant has had a record of success and high-quality outcomes.
(b) Application.--A local administrator of a coal community
zone desiring funds under this section shall submit an
application to the Secretaries at such time, in such manner,
and containing such information, as the Secretaries may
require. Such application shall include--
(1) the number of qualifying individuals in the community;
(2) a plan for allocating funds to qualifying individuals;
(3) a description of the providers of education and
training in the community and their outcomes-based track
record of success, including, for such programs--
(A) the student completion rates of the programs of
education and training;
(B) the employment rates for students completing the
programs of education and training as of 1 year, 3 years, and
5 years after the completion of the program; and
(C) the annual salary of students completing the programs
of education and training as of 1 year, 3 years, and 5 years
after completion of the program; and
(4) if new eligible education and training providers are
expected to open or expand to the coal community zone or the
local administrator plans to recruit or encourage new such
providers--
(A) a description of such providers; and
(B) evidence to demonstrate such providers will be high-
quality and result in the employment of a significant
percentage of individuals in high-wage, in demand industries.
(c) Distribution of Funds.--The Secretaries shall award
funds under this section to local administrators that submit
an application under subsection (b) based on--
(1) the number of people affected by the decline in
employment opportunities for coal-related employees during
the applicable period;
(2) the quality of the providers of education and training
in the community; and
(3) the likelihood that funding will result in employment
in a high-demand, high-wage industry for coal-related
employees or others in the community in need of additional
education and training.
[[Page S7617]]
(d) Use of Funds.--
(1) In general.--A local administrator receiving funds
under this section for a coal community zone shall use such
funds to establish individual support accounts described in
paragraph (2) for qualifying individuals.
(2) Individual support accounts.--
(A) In general.--Amounts made available through an
individual support account established for a qualifying
individual shall be used to pay for education and training
costs described in paragraph (3) that will prepare the
qualifying individual for long-term, high-wage employment.
(B) Amount.--For any fiscal year, the amount provided under
this section for an individual support account of a
qualifying individual for a fiscal year shall not exceed the
maximum amount of a Federal Pell Grant for the most recent
award year.
(C) Limited funds.--If, for any fiscal year, the amount of
funds provided under this section to a local administrator
for a coal community zone are not enough to fund individual
support accounts for all qualifying individuals in the coal
community zone requesting such accounts, the local
administrator shall give a priority to qualifying individuals
requesting to use the account funds for education and
training programs that--
(i) prepare individuals for in-demand industry sectors or
occupations; and
(ii) have strong outcomes based on the criteria described
in subsection (e)(1)(B).
(3) Eligible education and training programs.--
(A) In general.--Amounts provided in an individual support
account for a qualifying individual may be used for costs
related to a program of education and training approved by
the local administrator under subparagraph (B), which may
include--
(i) a program offered by an institution of higher education
(as defined in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002));
(ii) a program of training, including a program leading to
a recognized postsecondary credential, offered by an eligible
provider of training services identified under section 122 of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3152); and
(iii) costs (including associated education, curriculum,
and mentorship costs), related to an apprenticeship,
internship, or externship--
(I) in an in-demand industry sector or occupation; or
(II) for a position where there is a reasonable expectation
of long-term employment.
(B) Additional education and training programs.--A local
administrator shall provide a process through which the
administrator may approve the use of funds in an individual
support account for education or training expenses. Through
such process, the administrator shall--
(i) allow a qualified individual to request the approval of
a particular provider or program of education and training,
or a particular education and training expense, on an
individual basis;
(ii) before approving a provider, program of education or
training, or other education and training expense, consider--
(I) the local industry demands;
(II) the likelihood that an individual will be employed
following the completion of the program of education or
training; and
(III) the quality and effectiveness of the program of
education or training offered by the provider, based on the
outcomes-based record of success of the provider, including--
(aa) the student completion rates of the programs of
education and training offered by the provider;
(bb) the employment rates for students completing the
programs of education and training as of 1 year, 3 years, and
5 years after the completion of the program; and
(cc) the annual salary of students completing the programs
of education and training as of 1 year, 3 years, and 5 years
after completion of the program; and
(iii) make a determination that such provider is in the
best interest of the coal community zone and the qualifying
individuals.
(e) Reports.--
(1) Local administrator reports.--Each local administrator
receiving funds under this section for a fiscal year shall,
for each such year, prepare and submit a report to the
Secretaries that includes--
(A) a description of the achievements of the program
supported under this section, including the program's levels
of performance achieved with respect to the primary
indicators of performance described in section
116(b)(2)(A)(i) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3141(b)(2)(A)(i));
(B) a description of the outcomes-based results for the
programs of training and education for which funds were used
under this section, in the aggregate and individually,
including--
(i) the student completion rates of the program of
education and training;
(ii) the employment rates for students completing the
program of education and training as of 1 year, 3 years, and
5 years after the completion of the program; and
(iii) the annual salary of students completing the program
of education and training as of 1 year, 3 years, and 5 years
after completion of the program;
(C) the return on investment of funds provided to
individual support accounts under this section; and
(D) any other information that the Secretaries may require.
(2) Report to congress.--The Secretaries shall prepare and
submit an annual report to Congress regarding the program
supported under this section.
(3) Institute of education sciences evaluation.--The
Director of the Institute of Education Sciences shall
evaluate the effectiveness, quality, and return in investment
of funds under this section.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Labor to carry out
this section such sums as may be necessary for each of fiscal
years 2018 through 2023.
SEC. 16203. PRIORITY FOR EMPLOYMENT AND TRAINING ACTIVITIES
FOR QUALIFYING INDIVIDUALS.
(a) Required Local Employment and Training Activities.--
Section 134(c) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3174(c)) is amended by adding at the end the
following:
``(4) Priority individuals.--
``(A) In general.--With respect to funds allocated to a
local area for adult employment and training activities under
paragraph (2)(A) or (3) of section 133(b) or for dislocated
worker employment and training activities under section
133(b)(2)(B), priority shall be given to priority individuals
for receipt of career services described in paragraph (2) and
training services. The appropriate local board and the
Governor shall direct the one-stop operators in the local
area with regard to making determinations related to such
priority.
``(B) Definition.--In this paragraph, the term `priority
individual' means a qualifying individual, as defined in
section 16201 of the Coal Community Empowerment Act of 2017,
who is eligible to receive the service involved under this
subsection.''.
(b) Allowable Local Employment and Training Activities.--
Section 134(d) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3174(d)) is amended by adding at the end the
following:
``(6) Priority individuals.--
``(A) In general.--With respect to funds allocated to a
local area for adult employment and training activities under
paragraph (2)(A) or (3) of section 133(b) or for dislocated
worker employment and training activities under section
133(b)(2)(B), priority shall be given to priority individuals
for receipt of services described in paragraphs (1) through
(5) of this subsection. The appropriate local board and the
Governor shall direct the one-stop operators in the local
area with regard to making determinations related to such
priority.
``(B) Definition.--In this paragraph, the term `priority
individual' means a qualifying individual, as defined in
section 16201 of the Coal Community Empowerment Act of 2017,
who is eligible to receive the service involved under this
subsection.''.
SEC. 16204. DEVELOPMENT GRANTS.
(a) Program Authorized.--
(1) In general.--From amounts made available to carry out
this section, the Secretaries, in accordance with the
interagency agreement described in section 16206, shall award
grants, on a competitive basis, to eligible entities, to
support the eligible entities in the development, revamping,
improvement, or expansion of programs of education and
training for coal community zones in in-demand industry
sectors or occupations or in industries in local demand.
(2) Duration.--
(A) In general.--A grant awarded under this section shall
be for a period of 3 years.
(B) Renewal.--The Secretaries may renew a grant awarded
under section for a single 2-year period, if--
(i) the eligible entity demonstrates that the program under
the grant has a record of success and high-quality outcomes;
and
(ii) the local government or local administrator that
submitted the demonstration of application approval under the
initial application under subsection (b)(1)(E) approves of
the renewal.
(b) Application.--
(1) In general.--An eligible entity desiring a grant under
this section shall submit an application to the Secretaries
at such time, in such manner, and containing such information
as the Secretaries may require, including--
(A) the number of coal community students in the coal
community zone to be served;
(B) a plan for allocating funds to coal community students;
(C) a description of the eligible entity's track record of
success with the programs of education and training to be
supported under the grant, including--
(i) the student completion rates of the programs of
education and training;
(ii) the employment rates for students completing the
programs of education and training as of 1 year, 3 years, and
5 years after the completion of the program;
(D) a demonstration that the eligible entity is of high
quality and will be a benefit to the coal community students
and the coal community zone;
(E) a demonstration of application approval from the local
government of the coal community zone or, in the case of a
coal community zone receiving a grant under section 16202,
the local administrator for such grant, including a statement
that the application and funds requested under the
application is in the best interest of the coal community
zone and coal community students; and
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(F) an assurance that if the program supported under the
grant does not enroll the required percentage of coal
community students under subsection (c)(1), the eligible
entity shall reimburse the Secretaries, in the amount and
manner described in subsection (d).
(c) Use of Funds.--An eligible entity receiving a grant
under this program shall use such funds for the development,
revamping, improvement, or expansion of a high-quality
training and education program that--
(1) predominantly serves coal community students by
ensuring that not less than 75 percent of the students
enrolled in the program are coal community students;
(2) provides training in high-wage, high-demand industries
or in industries in local demand;
(3) is free or offered at a very low cost to coal community
students; and
(4) enters into an agreement with each coal community
student that enrolls in the program to ensure that the
eligible entity can obtain the information necessary for the
report under subsection (e)(1).
(d) Reimbursement.--
(1) In general.--An eligible entity that does not enroll
the required percentage described in subsection (c)(1) shall
reimburse the Secretaries in the amount equal to the product
of--
(A) the average per-student cost of the program; and
(B) the number of additional coal community students that
would have been needed in order for the program to meet the
75 percent coal community student enrollment requirement
under subsection (c)(1).
(2) Use of reimbursed funds.--Any funds reimbursed to the
Secretaries under this subsection may be used by the
Secretaries to award additional grants under this section.
(e) Reports.--
(1) Eligible entity report.--Each eligible entity receiving
a grant under this section shall prepare and submit to the
Secretaries an annual report regarding the outcomes of the
grant, including--
(A) the number of students, and the number of coal
community students, enrolled in the program supported under
the grant;
(B) the number of students, and the number of coal
community students, completing such program;
(C) the number of students, and the number of coal
community students, who have completed such program and who
are employed after completion of such program as of--
(i) 6 months after the date of completion;
(ii) 1 year after the date of completion;
(iii) 3 years after the date of completion; and
(iv) 5 years after the date of completion;
(D) the average wage of students, and the average wage of
coal community students, who have completed such program as
of--
(i) 6 months after the date of completion;
(ii) 1 year after the date of completion; and
(iii) 3 years after the date of completion; and
(E) the satisfaction rate of all students, and the
satisfaction rate of coal community students, including
students who completed the program and students who did not
complete--
(i) 6 months after the date of completion or leaving the
program;
(ii) 1 year after the date of completion or leaving the
program; and
(iii) 3 years after the date of completion or leaving the
program.
(2) Report to congress.--The Secretaries shall prepare and
submit an annual report to Congress regarding the grants
awarded under this section.
(3) Institute of education sciences evaluation.--The
Director of the Institute of Education Sciences shall
evaluate the effectiveness, quality, and return in investment
of grant funds provided under this section.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Education to carry out
this section such sums as may be necessary for fiscal years
2018 through 2023.
SEC. 16205. BUSINESS TRAINING FUNDS.
(a) Program Authorized.--
(1) In general.--From amounts made available under
subsection (e), the Secretaries, in accordance with the
interagency agreement under section 16206, shall award
grants, on a competitive basis, to local administrators to
enable the local administrators to award subgrants under
subsection (c) to businesses to provide in-house training,
and future employment, to coal community individuals.
(2) Duration.--
(A) In general.--A grant awarded under this section shall
be for a 3-year period.
(B) Limitation.--A local administrator may not receive more
than 1 grant under this section.
(b) Applications.--A local administrator desiring a grant
under this section shall submit to the Secretaries an
application at such time, in such manner, and containing such
information as the Secretaries may require, including--
(1) the number of coal community individuals in the coal
community zone to be served;
(2) the number of coal community individuals that will
benefit from the program;
(3) a description of the eligible businesses described in
subsection (c)(2) that will participate in the program
proposed under the grant, including the in-demand industry
sectors or occupations represented by the businesses;
(4) the target employment numbers of participating
individuals for the eligible businesses participating;
(5) a plan for allocating grant funds to businesses; and
(6) a description of the process through which the coal
community agency will evaluate any requests to waive the
employment requirement under subsection (c)(3)(B).
(c) Subgrants.--
(1) In general.--Each local administrator receiving a grant
under this section shall use grant funds to award subgrants,
to eligible businesses described in paragraph (2), to enable
the eligible businesses to provide in-house training to coal
community individuals in preparation for employment with or
advancement within the eligible businesses.
(2) Eligibility.--In order to be eligible for a subgrant
under this subsection, a business shall--
(A) be a business located in a coal community zone; and
(B) provide an assurance that the business will hire, for a
minimum of one year, each coal community individual who
completes the in-house training provided under the subgrant
or will reimburse the local administrator in accordance with
paragraph (3).
(3) Reimbursement of training for employees not hired.--
(A) In general.--A business that does not hire or retain,
for a period of not less than 1 year, all coal community
individuals who complete the in-house training provided under
a subgrant under this subsection shall reimburse the local
administrator in the amount equal to the cost of the training
provided to such employee, subject to subparagraph (B).
(B) Waiver.--Upon request by a business receiving a
subgrant under this subsection, the local administrator may
waive the reimbursement requirement of subparagraph (A) for a
business if the local administrator determines that--
(i) the business made substantial effort to comply with the
employment requirement under subparagraph (A);
(ii) hired a significant percentage of individuals relative
to the amount of funds provided under the grant; or
(iii) the decision made by the business to not hire or
retain an individual was for cause.
(C) Use of reimbursed funds.--By not later than 30 days
after receiving a reimbursement under paragraph (3)(A), a
local administrator--
(i) shall report the receipt of such funds to the
Secretaries; and
(ii) may apply to the Secretaries for permission to
reallocate the funds received under this paragraph during the
grant period.
(d) Reports.--
(1) Reports by businesses.--Each business receiving a
subgrant under subsection (c) shall prepare and submit an
annual report to the local administrator regarding the
subgrant, including--
(A) the numbers of coal community individuals--
(i) beginning the training provided under this section;
(ii) completing such training;
(iii) hired by the business within 3 months of completion;
and
(iv) still employed by the business, as of 6 months, 1
year, 2 years, and 4 years after the completion of the
training; and
(B) the average salary of the coal community individuals
hired after completing the training.
(2) Reports by coal community agencies.--Each local
administrator receiving a grant under this section shall
prepare and submit an annual report to the Secretaries
regarding the grant under this section.
(3) Report by secretaries.--The Secretaries shall prepare
and submit an annual report to Congress regarding the grant
program under this section that includes the information
provided by the coal community agencies under paragraph (2).
(4) Institute of education sciences evaluation.--The
Director of the Institute of Education Sciences shall
evaluate the effectiveness, quality, and return in investment
of grant funds provided under this section.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Labor to carry out
this section such sums as may be necessary for each of fiscal
years 2018 through 2023.
SEC. 16206. INTERAGENCY AGREEMENT.
The Secretary of Education and the Secretary of Labor shall
jointly administer the programs under sections 16203, 16204,
and 16205 in accordance with such terms as the Secretaries
set forth in an interagency agreement. Such interagency
agreement shall include, at a minimum and for each such
program--
(1) a description of the respective roles and
responsibilities of the Secretaries (both jointly and
separately); and
(2) provisions establishing that, for each of the programs
under such sections, the Secretary to whom funds are
authorized to be appropriated under section 16202(f),
16204(f), or 16205(e) shall have fiscal authority over the
program carried out under such section and will be
responsible for the obligation and disbursement of such
funds.
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