[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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