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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1978 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1978

To amend the Workforce Investment Act of 1998 to provide for community-
based job training grants, to provide Federal assistance for community 
             college modernization, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2011

Mr. Blumenthal (for himself and Ms. Mikulski) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
To amend the Workforce Investment Act of 1998 to provide for community-
based job training grants, to provide Federal assistance for community 
             college modernization, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community College Innovation Act''.

SEC. 2. COMMUNITY-BASED JOB TRAINING GRANTS.

    Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 
2916) is amended by adding at the end the following:
    ``(f) Community-Based Job Training Grants.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Community college.--The term `community 
                college' means--
                            ``(i) an institution of higher education, 
                        as defined in section 101(a) of the Higher 
                        Education Act of 1965 (20 U.S.C. 1001(a))--
                                    ``(I) that awards a 2-year degree 
                                that is acceptable for full credit 
                                toward a baccalaureate degree; and
                                    ``(II) at which that 2-year degree 
                                is the primary degree, and the highest 
                                degree, awarded by the institution; or
                            ``(ii) a tribally controlled college or 
                        university, as defined in section 2 of the 
                        Tribally Controlled Colleges and Universities 
                        Assistance Act of 1978 (25 U.S.C. 1801).
                    ``(B) Eligible entity.--The term `eligible entity' 
                means an entity that--
                            ``(i) is a community college, a consortium 
                        of community colleges, or a consortium composed 
                        of a community college and 1 or more 
                        institutions of higher education; and
                            ``(ii) works with--
                                    ``(I) 1 or more local boards;
                                    ``(II) a business in a qualified 
                                industry, or an industry association in 
                                the qualified industry, as identified 
                                in the application of the entity; and
                                    ``(III) an economic development 
                                entity.
                    ``(C) Industry-recognized credential.--The term 
                `industry-recognized credential' means such a 
                credential within the meaning of section 3 of the Carl 
                D. Perkins Career and Technical Education Act of 2006 
                (20 U.S.C. 2302).
                    ``(D) Institution of higher education.--Except as 
                otherwise provided in subparagraph (A)(i), the term 
                `institution of higher education' has the meaning given 
                the term in section 101 of the Higher Education Act of 
                1965 (20 U.S.C. 1001) and the meaning given the term 
                `postsecondary vocational institution' in section 
                102(c) of such Act (20 U.S.C. 1002(c)).
                    ``(E) Qualified industry.--
                            ``(i) In general.--The term `qualified 
                        industry' means an industry or economic sector 
                        that has, or is projected to have, significant 
                        demands for training (which may include 
                        education) for middle- and high-skill 
                        occupations, such as an industry or economic 
                        sector that--
                                    ``(I) is projected to add 
                                substantial numbers of new jobs to the 
                                regional economy;
                                    ``(II) has or is projected to have 
                                significant impact on the regional 
                                economy;
                                    ``(III) impacts or is projected to 
                                impact the growth of other industries 
                                or economic sectors in the regional 
                                economy;
                                    ``(IV) is being transformed by 
                                technology and innovation requiring new 
                                knowledge or skill sets for workers;
                                    ``(V) is a new or emerging industry 
                                or economic sector that is projected to 
                                grow; or
                                    ``(VI) requires high skills and has 
                                significant labor shortages in the 
                                regional economy.
                            ``(ii) Rule.--Consistent with section 1 of 
                        title 1, United States Code, a reference in 
                        this subsection to a qualified industry 
                        includes a reference to more than 1 qualified 
                        industry.
            ``(2) Demonstration project.--In addition to the 
        demonstration projects authorized under subsection (b), the 
        Secretary may establish and implement a national demonstration 
        project designed--
                    ``(A) to develop local innovative solutions to the 
                workforce challenges facing qualified industries; and
                    ``(B) to increase employment opportunities for 
                workers in qualified industries by establishing 
                partnerships among education entities, State workforce 
                investment systems, and businesses in qualified 
                industries (including economic sectors).
            ``(3) Grants.--In carrying out the national demonstration 
        project authorized under this subsection, the Secretary shall 
        award grants, on a competitive basis, for 2, 3, or 4 years, to 
        eligible entities to enable the eligible entities to pay for 
        the Federal share of the cost of carrying out programs of 
        activities authorized under this subsection.
            ``(4) Applications.--To be eligible to receive a grant 
        under this subsection, an eligible entity shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may require, 
        including--
                    ``(A) a description of the eligible entity that 
                will offer training under the grant;
                    ``(B) a demonstration of the need for funds to 
                create or expand a program to carry out the activities 
                described in paragraph (6);
                    ``(C) an economic analysis of the local labor 
                market to identify--
                            ``(i) a qualified industry;
                            ``(ii) the workforce issues faced by such 
                        industries; and
                            ``(iii) potential participants in programs 
                        funded under this subsection;
                    ``(D) a description of the qualified industry for 
                which the training will occur, the availability of 
                competencies on which the training will be based, how 
                the grant will help workers acquire the competencies 
                and skills necessary for employment in the qualified 
                industry, a description of the training programs, 
                leading to an industry-recognized credential, that will 
                be provided through the grant, and a description of any 
                industry-recognized curriculum involved;
                    ``(E) a description of the involvement of the local 
                boards and businesses, including small businesses, in 
                the geographic area where the proposed grant program 
                will be implemented;
                    ``(F) performance measures for the activities 
                funded under the grant, that include the core 
                indicators of performance described in section 
                136(b)(2)(A);
                    ``(G) a description of how the activities funded by 
                the grant will be coordinated with activities provided 
                through the one-stop center in the local area; and
                    ``(H) a description of the local or private 
                resources that will--
                            ``(i) support the activities carried out 
                        under this subsection; and
                            ``(ii) enable the entity to carry out such 
                        activities after the expiration of the grant.
            ``(5) Factors for award of grant.--
                    ``(A) In general.--In awarding a grant under this 
                subsection, the Secretary shall consider--
                            ``(i) the extent of public and private 
                        collaboration, including existing partnerships 
                        (as of the date of submission of the 
                        application) among a qualified industry, the 
                        eligible entity, and the workforce investment 
                        system;
                            ``(ii) the extent to which the program 
                        carried out through the grant will provide 
                        jobseekers with high-quality training for 
                        employment in a qualified industry;
                            ``(iii) the extent to which the program 
                        will expand the capacity of the eligible entity 
                        and the one-stop centers in the local area to 
                        be demand-driven and responsive to local 
                        economic needs;
                            ``(iv) the extent to which local businesses 
                        commit to hire, retain, or advance individuals 
                        who receive training through the program; and
                            ``(v) the extent to which the eligible 
                        entity commits to make any products developed 
                        as a result of the program, such as skill 
                        standards, assessments, or industry-recognized 
                        training curricula, available for dissemination 
                        nationally.
                    ``(B) Leveraging of resources.--In awarding grants 
                under this subsection, the Secretary shall also 
                consider--
                            ``(i) the extent to which local or private 
                        resources will be made available to support the 
                        program of activities carried out under this 
                        subsection, taking into account the resources 
                        of the eligible entity and the entity's 
                        partners; and
                            ``(ii) the ability of an eligible entity to 
                        continue to carry out and expand such 
                        activities after the expiration of the grant 
                        period.
                    ``(C) Distribution of grants.--In awarding grants 
                under this subsection, the Secretary shall ensure an 
                equitable distribution of such grants across diverse 
                industries and geographic areas.
            ``(6) Use of funds.--An eligible entity that receives a 
        grant under this subsection--
                    ``(A) shall use the grant funds for--
                            ``(i) the development or expansion by the 
                        community college that is a part of the 
                        eligible entity in collaboration with other 
                        partners identified in the application, and, if 
                        applicable, other representatives of qualified 
                        industries, of rigorous training (which may be 
                        education) programs leading to an industry-
                        recognized credential or degree from the 
                        community college, and employment in the 
                        qualified industry; and
                            ``(ii) training of adults, incumbent 
                        workers, dislocated workers, or out-of-school 
                        youth in the programs described in clause (i); 
                        and
                    ``(B) may use the grant funds for--
                            ``(i) disseminating information, on 
                        training (including training provided through 
                        the program) available for high-growth, high-
                        demand occupations in qualified industries, 
                        through the one-stop delivery system to 
                        prospective participants, businesses, business 
                        intermediaries, and community-based 
                        organizations in the region;
                            ``(ii) referring individuals trained under 
                        the grant for employment in a qualified 
                        industry;
                            ``(iii) enhancing integration of community 
                        colleges, training (which may be education) 
                        with businesses, and the one-stop system to 
                        meet the training needs of a qualified industry 
                        for new and incumbent workers;
                            ``(iv) providing training and relevant job 
                        skills to small business owners or operators to 
                        facilitate small business development in a 
                        qualified industry; or
                            ``(v) creating or expanding programs for 
                        distance, evening, weekend, modular, or 
                        compressed learning opportunities that provide 
                        training and relevant job skills for high-
                        growth, high-demand occupations.
            ``(7) Authority to require non-federal share.--The 
        Secretary may require that recipients of grants under this 
        subsection provide the non-Federal share, from either cash or 
        noncash resources, fairly evaluated, of the cost of carrying 
        out programs of activities under a grant awarded under this 
        subsection.
            ``(8) Performance accountability and evaluation.--
                    ``(A) Performance accountability.--The Secretary 
                shall require an eligible entity that receives a grant 
                under this subsection to submit interim and final 
                reports to the Secretary on the impact on business 
                partners and employment outcomes obtained by 
                individuals receiving training under this subsection, 
                using the performance measures identified in the 
                eligible entity's grant application.
                    ``(B) Evaluation.--The Secretary shall require that 
                an eligible entity that receives a grant under this 
                subsection participate in an evaluation of activities 
                carried out under this subsection, including an 
                evaluation using the techniques described in section 
                172(c).''.

SEC. 3. FEDERAL ASSISTANCE FOR COMMUNITY COLLEGE MODERNIZATION.

    (a) In General.--
            (1) Program authorized.--From the amount made available 
        under subsection (k), the Secretary shall award grants to 
        States to modernize, renovate, or repair existing facilities at 
        community colleges.
            (2) Allocation.--
                    (A) Reservations.--From the amount made available 
                to carry out this section for a fiscal year, the 
                Secretary shall reserve--
                            (i) not more than 0.25 percent for grants 
                        to institutions that are eligible to receive a 
                        grant under section 316 of the Higher Education 
                        Act of 1965 (20 U.S.C. 1059c) to provide for 
                        modernization, renovation, and repair 
                        activities described in this section; and
                            (ii) not more than 0.25 percent for grants 
                        to the outlying areas to provide for 
                        modernization, renovation, and repair 
                        activities described in this section.
                    (B) Allocation.--
                            (i) In general.--Except as provided in 
                        clause (ii), from the funds made available to 
                        carry out this section for a fiscal year and 
                        not reserved under subparagraph (A), the 
                        Secretary shall allocate, to each State that 
                        has an application approved by the Secretary, 
                        an amount that bears the same relation to such 
                        funds as--
                                    (I) the sum of--
                                            (aa) the total number of 
                                        students in such State who are 
                                        enrolled in institutions 
                                        described in subsection 
                                        (j)(1)(A); and
                                            (bb) the number of students 
                                        who are estimated to be 
                                        enrolled in and pursuing a 
                                        degree or certificate that is 
                                        not a baccalaureate, master's, 
                                        professional, or other advanced 
                                        degree at institutions 
                                        described in subsection 
                                        (j)(1)(B), based on the 
                                        proportion of degrees or 
                                        certificates awarded by such 
                                        institutions that are not 
                                        baccalaureate, master's, 
                                        professional, or other advanced 
                                        degrees, as reported to the 
                                        Integrated Postsecondary Data 
                                        System; bears to
                                    (II) the estimated total number of 
                                students described in items (aa) and 
                                (bb) of subclause (I) in all States.
                            (ii) Minimum allocation.--No State shall 
                        receive an allocation under clause (i) for a 
                        fiscal year that is less than $2,500,000.
                    (C) Reallocation.--Amounts not allocated under this 
                section to a State because the State either did not 
                submit an application under subsection (b), the State 
                submitted an application that the Secretary determined 
                did not meet the requirements of such subsection, or 
                the State cannot demonstrate to the Secretary a 
                sufficient demand for projects to warrant the full 
                allocation of the funds, shall be proportionately 
                reallocated under this paragraph to the other States 
                that have a demonstrated need for, and are receiving, 
                allocations under this section.
                    (D) State administration.--A State that receives a 
                grant under this section may use not more than 1 
                percent of such grant for administration costs.
            (3) Supplement, not supplant.--Funds made available under 
        this section shall be used to supplement, and not supplant, 
        other Federal, State, and local funds that would otherwise be 
        expended to modernize, renovate, or repair existing community 
        college facilities.
    (b) Application.--A State that desires to receive a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and containing such information and assurances as the 
Secretary may require. Such application shall include a description 
of--
            (1) how the funds provided under this section will 
        improve--
                    (A) instruction at community colleges in the State, 
                including how faculty and staff will be consulted 
                regarding uses of funds for projects that will improve 
                instruction at community colleges in the State; and
                    (B) the ability of such colleges to educate and 
                train students to meet the workforce needs of employers 
                in the State;
            (2) the projected start date of each project; and
            (3) the estimated number of persons who will be employed 
        through each project.
    (c) Prohibited Uses of Funds.--
            (1) In general.--Funds awarded under this section shall not 
        be used for--
                    (A) routine or janitorial costs;
                    (B) construction, modernization, renovation, and 
                repair of stadiums or other facilities primarily used 
                for athletic contests or exhibitions or other events 
                for which admission is charged to the general public; 
                or
                    (C) construction, modernization, renovation, and 
                repair of facilities--
                            (i) used for sectarian instruction, 
                        religious worship, or a school or department of 
                        divinity; or
                            (ii) in which a substantial portion of the 
                        functions of the facilities are subsumed in a 
                        religious mission.
            (2) 4-year institutions.--Funds awarded to a 4-year public 
        institution of higher education under this section shall not be 
        used for any facility, service, or program of the institution 
        that is not available to students who are pursuing a degree or 
        certificate that is not a baccalaureate, master's, 
        professional, or other advanced degree.
    (d) Green Projects.--In providing assistance to community college 
projects under this section, the State shall consider the extent to 
which a community college's project involves activities that are 
certified, verified, or consistent with the applicable provisions of--
            (1) the LEED Green Building Rating System;
            (2) Energy Star;
            (3) the CHPS Criteria, as applicable;
            (4) Green Globes; or
            (5) an equivalent program adopted by the State or the State 
        higher education agency that includes a verifiable method to 
        demonstrate compliance with such program.
    (e) Application of GEPA.--Section 439 of the General Education 
Provisions Act (20 U.S.C. 1232b) shall apply to funds available under 
this section.
    (f) Reports.--Each State that receives a grant under this section, 
shall, not later than September 30, 2012, and annually thereafter for 
each fiscal year in which the State expends funds received under this 
section, submit to the Secretary a report that includes--
            (1) a description of the projects for which the grant was, 
        or will be, used;
            (2) a description of the amount and nature of the 
        assistance provided to each community college under this 
        section; and
            (3) the number of jobs created by the projects funded under 
        this section.
    (g) Buy American.--Section 1605 of division A of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall apply to 
funds made available under this section in the same manner as such 
section applies to funds made available under such Act.
    (h) Compliance With Davis-Bacon Act.--All laborers and mechanics 
employed by contractors and subcontractors on projects funded directly 
by or assisted in whole or in part pursuant to this section shall be 
paid wages at rates not less than those prevailing on projects of a 
character similar in the locality as determined by the Secretary of 
Labor in accordance with subchapter IV of chapter 31 of title 40, 
United States Code. With respect to the labor standards specified in 
this section, the Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan Numbered 14 of 1950 (64 
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States 
Code.
    (i) Reports.--The Secretary shall submit to the appropriations 
committees and the authorizing committees (as defined in section 103 of 
the Higher Education Act of 1965 (U.S.C. 1003)) of the House of 
Representatives and the Senate an annual report regarding the grants 
made under this section, including the information described in 
subsection (f).
    (j) Definitions.--In this section:
            (1) Community college.--The term ``community college'' 
        means--
                    (A) a junior or community college, as that term is 
                defined in section 312(f) of the Higher Education Act 
                of 1965 (20 U.S.C. 1058(f)); or
                    (B) 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)) that awards a significant 
                number of degrees and certificates, as determined by 
                the Secretary, that are not--
                            (i) baccalaureate degrees (or an 
                        equivalent); or
                            (ii) master's, professional, or other 
                        advanced degrees.
            (2) CHPS criteria.--The term ``CHPS Criteria'' means the 
        green building rating program developed by the Collaborative 
        for High Performance Schools.
            (3) Energy star.--The term ``Energy Star'' means the Energy 
        Star program of the Department of Energy and the Environmental 
        Protection Agency.
            (4) Green globes.--The term ``Green Globes'' means the 
        Green Building Initiative environmental design and rating 
        system referred to as Green Globes.
            (5) LEED green building rating system.--The term ``LEED 
        Green Building Rating System'' means the United States Green 
        Building Council Leadership in Energy and Environmental Design 
        green building rating standard referred to as the LEED Green 
        Building Rating System.
            (6) Modernization, renovation, and repair.--The term 
        ``modernization, renovation, and repair'' means--
                    (A) comprehensive assessments of facilities to 
                identify--
                            (i) facility conditions or deficiencies 
                        that could adversely affect student and staff 
                        health, safety, performance, or productivity or 
                        energy, water, or materials efficiency; and
                            (ii) needed facility improvements;
                    (B) repairing, replacing, or installing roofs 
                (which may be extensive, intensive, or semi-intensive 
                ``green'' roofs), electrical wiring, water supply and 
                plumbing systems, sewage systems, storm water runoff 
                systems, lighting systems (or components of such 
                systems), or building envelopes, windows, ceilings, 
                flooring, or doors, including security doors;
                    (C) repairing, replacing, or installing heating, 
                ventilation, or air conditioning systems, or components 
                of those systems (including insulation), including by 
                conducting indoor air quality assessments;
                    (D) repairing, replacing, or installing an interior 
                or exterior system that may include paint or coatings, 
                wall covering, drywall or plaster, ceiling, baseboards, 
                or floor covering;
                    (E) compliance with fire, health, seismic, and 
                safety codes, including professional installation of 
                fire and life safety alarms, and modernizations, 
                renovations, and repairs that ensure that facilities 
                are prepared for such emergencies as acts of terrorism, 
                campus violence, and natural disasters, such as 
                improving building infrastructure to accommodate 
                security measures and installing or upgrading 
                technology to ensure that a community college or 
                incident is able to respond to such emergencies;
                    (F) making modifications necessary to make 
                educational facilities accessible in compliance with 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12101 et seq.) and section 504 of the Rehabilitation 
                Act of 1973 (29 U.S.C. 794), except that such 
                modifications shall not be the primary use of a grant 
                or subgrant;
                    (G) abatement, removal, or interim controls of 
                asbestos, polychlorinated biphenyls, mold, mildew, or 
                lead-based hazards, including lead-based paint hazards;
                    (H) retrofitting necessary to increase energy 
                efficiency, which may include insulation or reducing 
                heating and cooling costs through thermal coating of 
                community college facility roofs;
                    (I) measures, such as selection and substitution of 
                products and materials, and implementation of improved 
                maintenance and operational procedures, such as ``green 
                cleaning'' programs, to reduce or eliminate potential 
                student or staff exposure to--
                            (i) volatile organic compounds;
                            (ii) particles such as dust and pollens; or
                            (iii) combustion gases;
                    (J) modernization, renovation, or repair necessary 
                to reduce the consumption of coal, electricity, land, 
                oil, or water;
                    (K) installation or upgrading of educational 
                technology infrastructure;
                    (L) installation or upgrading of renewable energy 
                generation and heating systems, including solar, 
                photovoltaic, wind, biomass (including wood pellet and 
                woody biomass), waste-to-energy, solar-thermal, fuel 
                cell, and geothermal systems, and energy audits;
                    (M) modernization, renovation, or repair activities 
                related to energy efficiency and renewable energy, 
                including--
                            (i) insulation of systems functioning as 
                        heating, venting, or air conditioning; and
                            (ii) improvements to building 
                        infrastructures to accommodate bicycle and 
                        pedestrian access;
                    (N) required environmental remediation related to 
                facilities modernization, renovation, or repair 
                activities described in subparagraphs (A) through (M);
                    (O) ground improvements, storm water management, 
                landscaping and environmental clean-up when necessary;
                    (P) other modernization, renovation, or repair to--
                            (i) improve teachers' ability to teach and 
                        students' ability to learn;
                            (ii) ensure the health and safety of 
                        students and staff; or
                            (iii) improve classroom, laboratory, and 
                        vocational facilities in order to enhance the 
                        quality of science, technology, engineering, 
                        and mathematics instruction; and
                    (Q) measures designed to reduce or eliminate human 
                exposure to classroom noise and environmental noise 
                pollution.
            (7) Outlying area.--The term ``outlying area'' means each 
        of the U.S. Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and the Republic 
        of Palau.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (9) State.--The term ``State'' means each of the 50 States 
        of the United States, the Commonwealth of Puerto Rico, and the 
        District of Columbia.
    (k) Availability of Funds.--
            (1) Authorization of appropriations; appropriation of 
        funds.--There are authorized to be appropriated, and there are 
        appropriated, to carry out this section (in addition to any 
        other amounts appropriated to carry out this section and out of 
        any money in the Treasury not otherwise appropriated), 
        $5,000,000,000 for fiscal year 2012.
            (2) Funds available for obligation.--Funds appropriated 
        under this subsection shall be available for obligation by 
        community colleges only during the period that ends 36 months 
        after the date of enactment of this Act.
                                 <all>
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