I 
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 employ-
ment 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 re-
ferred to the Committee on Education and Labor 
A BILL 
To amend the Workforce Innovation Opportunity Act to cod-
ify a competitive grant program to build community col-
leges’ capacity to provide employment and training pro-
grams for in-demand industries or occupations. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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‘‘(2) RESERVATION.—Of the amounts appro-
priated 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 institu-
tions serving a high number or high percentage 
of low-income individuals or individuals with 
barriers to employment, and rural-serving eligi-
ble institutions, to provide guidance and assist-
ance in the process of applying for grants under 
this section; and 
‘‘(B) evaluating and reporting on the per-
formance 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 pe-
riod of not more than 4 years. 
‘‘(2) SUBSEQUENT GRANTS.—An eligible insti-
tution that receives an initial grant under this sec-
tion may receive one or more additional grants 
under this section for additional periods of not more 
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than 4 years each if the eligible institution dem-
onstrates that the community college and industry 
partnership supported with the initial grant was suc-
cessful (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 applica-
tion submitted by an eligible institution under para-
graph (1) shall include a description of each the fol-
lowing: 
‘‘(A) The extent to which the eligible insti-
tution included in the partnership has prior ex-
perience in leading similar capacity building 
projects that demonstrates the institution’s abil-
ity 
to 
accomplish 
multi-pronged, 
complex 
projects and an explanation of the results of 
any such projects. 
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‘‘(B) The extent to which the eligible insti-
tution can— 
‘‘(i) leverage additional resources to 
support the programs funded with the 
grant; and 
‘‘(ii) demonstrate the future sustain-
ability 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 part-
nership will target and data demonstrating that 
those industries are aligned with employer de-
mand 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 creden-
tials that are expected to be earned by partici-
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pants in such programs and the related in-de-
mand industry sectors or occupations for which 
such programs will prepare participants. 
‘‘(I) The evidence upon which the edu-
cation and training strategies to be used in the 
programs are based and an explanation of how 
such evidence influenced the design of the pro-
grams to improve education and employment 
outcomes. 
‘‘(J) The methods and strategies the part-
nership 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 institu-
tion will partner to carry out activities under 
this section. 
‘‘(L) Whether, and to what extent, the ac-
tivities of the partnership are expected to align 
with the workforce strategies identified in— 
‘‘(i) any State plan or local plan sub-
mitted under this Act by the State, out-
lying area, or locality in which the partner-
ship is expected to operate; 
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‘‘(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 out-
lying area. 
‘‘(M) The goals of the partnership with re-
spect to— 
‘‘(i) capacity building (as described in 
subsection (f)(1)(B)); and 
‘‘(ii) the expected performance of indi-
viduals participating in the programs to be 
offered by the partnership, including with 
respect to any performance indicators ap-
plicable under section 116 or subsection (f) 
of this section. 
‘‘(3) CONSIDERATION
OF
PREVIOUS
EXPERI-
ENCE.—The Secretary may not disqualify an other-
wise eligible institution from receiving a grant under 
this section solely because such institution lacks pre-
vious experience in capacity building projects, as de-
scribed in subparagraph (2)(A). 
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‘‘(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 employ-
ment; 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 eli-
gible institution that receives a grant under this sec-
tion shall establish a partnership or continue an ex-
isting 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 work-
force development system; 
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‘‘(C) serves adult and dislocated workers, 
incumbent workers, and new entrants to the 
workforce; 
‘‘(D) uses an evidence-based program de-
sign that is appropriate for the activities carried 
out by the partnership; and 
‘‘(E) incorporates, to the extent appro-
priate, virtual service delivery to facilitate tech-
nology-enabled learning. 
‘‘(2) REQUIRED ACTIVITIES.—An eligible insti-
tution 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 ap-
prenticeship 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 individ-
uals participating in the programs funded with 
the grant to facilitate retention and program 
completion, which may include— 
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‘‘(i) childcare, transportation, mental 
health services, substance use disorder pre-
vention 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 serv-
ices, 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 mate-
rials, technological devices, required equip-
ment, 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 eligi-
ble institution that receives a grant under this sec-
tion, in consultation with the partnership established 
under paragraph (1), shall carry out one or more of 
the following activities: 
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‘‘(A) Establish, improve, or expand— 
‘‘(i) articulation agreements (as de-
fined in section 486A(a) of the Higher 
Education 
Act 
of 
1965 
(20 
U.S.C. 
1093a(a))); 
‘‘(ii) credit transfer agreements; 
‘‘(iii) corequisite remediation pro-
grams that enable a student to receive re-
medial education services while enrolled in 
a postsecondary course rather than requir-
ing the student to receive remedial edu-
cation 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, infor-
mation on— 
‘‘(i) curricula and recognized postsec-
ondary credentials offered through pro-
grams funded with the grant, including 
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any curricula or credentials created or fur-
ther developed using such grant; 
‘‘(ii) the skills or competencies devel-
oped by individuals who participate in such 
programs; and 
‘‘(iii) related employment and earn-
ings outcomes. 
‘‘(C) Establish or implement plans for pro-
viders of the programs described in paragraph 
(2) to meet the criteria and carry out the proce-
dures necessary to be included on the eligible 
training services provider list described in sec-
tion 122(d). 
‘‘(D) Purchase, lease, or refurbish special-
ized 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 informa-
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tion, analysis, and coordination for purposes of sub-
section (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 per-
formance levels shall be based on the following indi-
cators: 
‘‘(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 occupa-
tions targeted by the partnership; 
‘‘(ii) designing or implementing new 
and accelerated instructional techniques or 
technologies, including the use of advanced 
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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 par-
ticipated 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 in-
cumbent workers at the time of enrollment 
in the program, the percentage who ad-
vanced 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 
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(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 part-
nership, including differences in unemploy-
ment rates and job losses or gains in par-
ticular industries. 
‘‘(C) NOTICE AND ACKNOWLEDGMENT.— 
‘‘(i) NOTICE.—The Secretary shall 
provide each partnership with a written no-
tification that sets forth the performance 
levels that will apply to the partnership, as 
determined under subparagraph (B). 
‘‘(ii) ACKNOWLEDGMENT.—After re-
ceiving the notification described in clause 
(i), each partnership shall submit to the 
Secretary written confirmation that the 
partnership— 
‘‘(I) received the notification; and 
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‘‘(II) agrees to be evaluated in 
accordance with the performance lev-
els set by the Secretary. 
‘‘(3) PERFORMANCE REVIEWS.—On an annual 
basis during each year of the grant period, the Sec-
retary shall evaluate the performance of each part-
nership funded with a grant under this section in a 
manner consistent with paragraph (2). 
‘‘(4) FAILURE TO MEET PERFORMANCE LEV-
ELS.—After conducting an evaluation under para-
graph (3), if the Secretary determines that a part-
nership did not achieve the performance levels appli-
cable 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 effec-
tiveness of the community college and industry part-
nerships funded under this section. 
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‘‘(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, in-
cluding the extent to which the programs and activi-
ties— 
‘‘(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 ca-
reer pathways, including the extent to which the 
partnerships 
developed 
or 
improved 
com-
petency-based education and assessment, credit 
for prior learning, modularized and self-paced 
curricula, integrated education and career 
training, dual enrollment in secondary and post-
secondary career pathways, stacked and latticed 
credentials, and online and distance learning; 
‘‘(C) created alignment between commu-
nity colleges and the workforce development 
system; 
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‘‘(D) assisted individuals with finding, re-
taining, or advancing in employment; 
‘‘(E) assisted individuals with earning rec-
ognized postsecondary credentials; and 
‘‘(F) served various demographic groups, 
including people of different geographic loca-
tions, 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 con-
junction with the partnerships being evaluated; 
‘‘(B) include analysis of participant feed-
back and outcome and process measures; and 
‘‘(C) use designs that employ the most rig-
orous analytical and statistical methods that 
are reasonably feasible, such as the use of con-
trol 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 for-
mat that does not reveal personally identifiable in-
formation. 
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‘‘(5) PUBLICATION AND REPORTING OF EVAL-
UATION FINDINGS.—The Secretary (acting through 
the Chief Evaluation Officer) shall— 
‘‘(A) not later than one year after the ini-
tial 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 Edu-
cation and Labor of the House of Representa-
tives 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 acces-
sible website of the Department of Labor. 
‘‘(h) ANNUAL REPORTS.—The Secretary shall make 
available on a publicly accessible website of the Depart-
ment of Labor, in transparent, linked, open, and inter-
operable data formats, the following information: 
‘‘(1) The performance of partnerships on the 
capacity-building performance indicator set forth 
under subsection (f)(1)(B). 
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‘‘(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 em-
ployment and training activities funded with a grant 
under this section. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) COMMUNITY COLLEGE.—The term ‘com-
munity college’ means— 
‘‘(A) a public institution of higher edu-
cation (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 
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