I 113th CONGRESS 1st Session H. R. 2560 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. George Miller of California (for himself, Mr. Tierney , Mr. Hinojosa , Mrs. Capps , Mr. Israel , Ms. Wilson of Florida , Mr. Conyers , Mrs. Napolitano , Ms. Norton , Ms. Jackson Lee , Ms. Schakowsky , Mr. Larsen of Washington , Ms. Esty , Ms. Bordallo , Mr. Ryan of Ohio , Mr. Cárdenas , Mr. McGovern , Mr. Moran , Mrs. Negrete McLeod , Mr. Dingell , and Mr. Sablan ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Workforce Investment Act of 1998 to support community college and industry partnerships, and for other purposes.

1. Short title This Act may be cited as the Community College to Career Fund Act . 2. Community College to Career Fund Title I of the Workforce Investment Act of 1998 amended by adding at the end the following: G Community College to Career Fund 199B. Community college and industry partnerships program (a) Grants authorized From funds appropriated under section 199F(1), the Secretary of Labor and the Secretary of Education, in accordance with the interagency agreement described in section 199G, shall award competitive grants to eligible entities described in subsection (b) for the purpose of developing, offering, improving or providing educational or career training programs for workers. (b) Eligible entity (1) Partnerships with employers or an employer or industry partnership (A) General definition For purposes of this section, an eligible entity means any of the entities described in subparagraph (B) (or a consortium of any of such entities) in partnership with employers or an employer or industry partnership representing multiple employers. (B) Description of entities The entities described in this subparagraph are as follows: (i) a community college; (ii) a 4-year public institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) that offers 2-year degrees, and which will use funds provided under this section for activities at the certificate and associate degree levels; (iii) a tribal college or university (as defined in section 316(b) of the Higher Education Act of 1965); or (iv) a private or nonprofit, 2-year institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) in Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. (2) Additional Partnerships (A) Authorization of additional partnerships In addition to partnering with employers or an employer or industry partnership representing multiple employers as described in paragraph (1)(A), an eligible entity described in paragraph (1) may partner with 1 or more of the organizations described in subparagraph (B). An eligible entity in partnership with 1 or more such organizations shall collaborate with the State or local board in the area served by the eligible entity. (B) Organizations The organizations described in this subparagraph are as follows: (i) An adult education provider or institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). (ii) A community-based organization. (iii) A joint-labor management partnership. (iv) A State or local board. (v) Any other organization that the Secretaries consider appropriate. (c) Educational or career training program For purposes of this section, the Governor of the State in which at least 1 of the entities described in subsection (b)(1)(B) of an eligible entity is located shall establish criteria for the educational or career training program for which the eligible entity submits a grant proposal under subsection (d). (d) Application An eligible entity seeking a grant under this section shall submit a grant proposal to the Secretaries at such time and containing such information as the Secretaries determine is required, including a detailed description of— (1) the specific educational or career training program for which the grant proposal is submitted and that meets the criteria established under subsection (c), including the manner in which the grant will be used to develop, offer, improve, or provide the educational or career training program; (2) the extent to which the program will meet the educational or career training needs of workers in the area served by the eligible entity; (3) the extent to which the program will meet the needs of employers in the region for skilled workers in in-demand industry sectors and occupations; (4) the extent to which the program submitted fits within any overall strategic plan developed by an eligible entity; and (5) any previous experience of the eligible entity in providing educational or career training programs, the absence of which shall not automatically disqualify an eligible institution from receiving a grant under this section. (e) Criteria for award (1) In general Grants under this section shall be awarded based on criteria established by the Secretaries, that include the following: (A) A determination of the merits of the grant proposal submitted by the eligible entity to develop, offer, improve, or provide an educational or career training program to be made available to workers. (B) An assessment of the likely employment opportunities available in the region to individuals who complete an educational or career training program that the eligible entity proposes to develop, offer, improve, or provide. (C) An assessment of prior demand for training programs by individuals eligible for training served by the eligible entity as well as availability and capacity of existing training programs to meet future demand for training programs. (2) Priority In awarding grants under this section, the Secretaries shall give priority to eligible entities that— (A) include a partnership with a business or industry or sector partnership that— (i) pays a portion of the costs of such programs; or (ii) agrees to hire individuals who have completed a particular postsecondary degree, certificate, or credential resulting from the training program of the eligible entity; (B) enter into a partnership with a labor organization or labor-management training program that provides technical expertise for occupationally specific education necessary for a recognized postsecondary credential leading to a skill occupation in an in-demand industry sector; (C) are focused on serving individuals with barriers to employment, low-income, non-traditional students, students who are dislocated workers, students who are veterans, or students who are long-term unemployed; (D) are community colleges serving areas with high unemployment rates, including rural areas; (E) are eligible entities that include an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965; and (F) include a partnership with a business or industry or sector partnership that increases domestic production of goods, such as advanced manufacturing or clean energy technology. (f) Use of funds Grants awarded under this section shall be used for one or more of the following: (1) The development, offering, improvement, or provision of academic programs or training programs, that provide relevant job training for skilled occupations that will meet the needs of employers in in-demand industries sectors, and which may include registered apprenticeship programs, on-the-job training programs, and programs that support employers in upgrading the skills of their workforce. (2) The development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary credential or degree in in-demand industry sectors and occupations, including by— (A) facilitating the transfer of academic credits between institutions of higher education, including the transfer of academic credits for courses in the same field of study; (B) expanding articulation agreements and policies that guarantee transfer between such institutions, including through common course numbering and general core curriculum; and (C) developing or enhancing student support services programs. (3) The creation of workforce programs that provide a sequence of education and occupational training that leads to a recognized postsecondary credential or degree, including programs that— (A) blend basic skills and occupational training; (B) facilitate means of transitioning from non-credit occupational, basic skills, or developmental coursework to for-credit coursework within and across institutions; (C) build or enhance linkages including the development of dual enrollment programs and early college high schools between secondary education or adult education programs (including programs established under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and title II of this Act); (D) implement other innovative programs designed to increase the provision of training for students, including students who are veteran members of the National Guard or Reserves, to enter skilled occupations in in-demand industry sectors; and (E) support paid internships that will allow students to simultaneously earn credit for work-based learning and gain relevant employment experience in an in-demand industry sector or occupation, which shall include opportunities that transition individuals into employment. (4) The support of regional or national in-demand industry sectors to develop skills consortia that will identify pressing workforce needs and develop solutions such as— (A) standardizing industry certifications; (B) developing new training technologies; and (C) collaborating with industry employers to define and describe how specific skills lead to particular jobs and career opportunities. 199C. Pay-for-Performance and Pay-for-Success Job Training projects (a) Award grants authorized From funds appropriated under section 199F(2), the Secretaries, in accordance with the interagency agreement described in section 199G, shall award grants on a competitive basis to eligible entities described in subsection (b) who meet specific performance outcomes and criteria established by the Secretaries under subsection (c). Projects funded by grants under this section shall be referred to as either Pay-for-Performance or Pay-for-Success projects, as set forth in subsection (b). (b) Eligible entity To be eligible to receive a grant under this section an entity shall be a State or local organization (which may be a local workforce organization) in partnership with entities such as community colleges and other training providers who— (1) in the case of Pay-for-Performance projects, agree to be reimbursed primarily on the basis of achievement of specified performance outcomes and criteria agreed upon by the Secretaries under subsection (c); or (2) in the case of Pay-for-Success projects, include partnerships with investors, such as philanthropic organizations that provide funding for a specific project or projects to address a clear and measurable job training need in the community or region and agree to be reimbursed under the grant only if the project or projects meet specified performance outcomes and criteria agreed to by the Secretaries under subsection (c). (c) Performance outcomes and criteria Not later than 6 months after the date of the enactment of this subtitle, the Secretaries shall establish and publish specific performance measures for the initial qualification of eligible entities to receive a grant under this section. At a minimum, to receive an award an eligible entity shall— (1) identify a particular program area and client population that is not achieving optimal outcomes; (2) provide evidence that the proposed strategy would achieve better results; (3) clearly articulate and quantify the improved outcomes of such new approach; (4) for Pay-for-Success projects, specify a monetary value that would need to paid to obtain such results and explain the basis for such value; (5) identify data that would be required to evaluate whether outcomes are being achieved for a target population and a comparison group; (6) identify estimated savings that would result from the improved outcomes, including to other programs or units of government; (7) demonstrate the capacity to collect required data, track outcomes, and validate those outcomes; and (8) any other criteria the Secretaries may require. (d) Period of availability for pay-for-Success projects Funds appropriated to carry out Pay-for-Success projects pursuant to section 199F(2) shall, upon obligation, remain available for disbursement until expended, notwithstanding section 1552 of title 31, United States Code, and, if later deobligated, in whole or in part, be available until expended for additional Pay-for-Success grants under this section. 199D. Bring Jobs Back to America grants (a) Grants authorized From funds appropriated under section 199F(3), the Secretaries, in accordance with the interagency agreement described in section 199G, shall award grants to State or local governments for job training and recruiting activities that can quickly provided businesses with skilled workers in order to encourage businesses to remain in or relocate to areas served by such governments. The Secretaries shall coordinate with the Secretary of Commerce in carrying out this section. (b) Purpose and use of funds Grants awarded under this section may be used by a State or local government to issue subgrants to eligible entities as designated by the Secretaries, including those described in section 199B(b), to assist such eligible entities in providing training necessary to provide skilled workers for businesses that have relocated or are considering relocating operations outside the United States, and may instead relocate to the areas served by such governments. (c) Application A State or local government seeking a grant under the program established under subsection (a) shall submit an application to the Secretaries in such manner and containing such information as the Secretaries may require. At a minimum, each application shall include— (1) a description of the eligible entity or entities the State or local government proposes to assist in providing job training or recruiting activities; (2) a description of the proposed or existing business facility, including the number of jobs relating to such facility and the average wage or salary of those jobs; and (3) a description of any other resources that the State has committed to assisting such business in locating such facility, including tax incentives provided, bonding authority exercised, and land granted. (d) Criteria The Secretaries shall award grants under this section to State and local governments that— (1) the Secretaries determine are most likely to succeed with a grant under the program in assisting an eligible entity in providing the training necessary to cause a business or businesses to remain in or relocate to areas served by such governments; (2) will fund training programs that will result in the greatest number and quality of jobs; (3) have committed State or other resources, to the extent of their ability as determined by the Secretaries, to assist a business or businesses to remain in or relocate to areas served by such governments; and (4) have met such other criteria as the Secretaries consider appropriate, including criteria relating to marketing plans, benefits to ongoing regional or State strategies for economic development and job growth. 199E. Grants for Entrepreneur and Small Business startup training (a) Grants authorized From funds appropriated under section 199F(4), the Secretaries, in accordance with the interagency agreement described in section 199G, shall award competitive grants to eligible entities described in subsection (b) to provide training in starting a small business and entrepreneurship. The Secretaries shall coordinate with the Administrator of the Small Business Administration in carrying out this section including in the development of criteria and selection of proposals. (b) Eligible entity (1) In general For purposes of this section, the term eligible entities means an entity described in section 199B(b)(1) (or a consortium of any of such entities) in partnership with at least one local or regional economic development entity described in paragraph (2). (2) Additional Partnerships Local or regional economic development entities described in this paragraph are the following: (A) Small business development centers. (B) Women’s business centers. (C) Regional innovation clusters. (D) Local accelerators or incubators. (E) State or local economic development agencies. (c) Application An eligible entity seeking a grant under this section shall submit a grant proposal in such manner and containing such information as the Secretaries and the Small Business Administrator shall require. Such information shall include the manner in which entrepreneurship training and education will be provided, the role of partners in such an arrangement, and the manner in which the proposal will integrate and partner with local economic development resources. (d) Use of funds Grants awarded under this section shall be used to provide training in entrepreneurship and starting a small business, including through online courses, intensive seminars, and comprehensive courses. 199F. Authorization of appropriations (a) In general There is authorized to be appropriated $8,000,000,000 to carry out this subtitle, of which $4,000,000,000 is authorized to be appropriated to the Secretary of Labor and $4,000,000,000 is authorized to be appropriated to the Secretary of Education. Such amounts shall be used to carry out the programs authorized by this subtitle as follows: (1) $7,000,000,000 is authorized for the program established by section 199B; (2) $500,000,000 is authorized for the program established by section 199C; (3) $250,000,000 is authorized for the program established by section 199D; (4) $250,000,000 is authorized for the program established by section 199E; and (5) not more than 5 percent of the amounts authorized under paragraphs (1) through (4) may be used by the Secretaries to administer each respective program, including providing technical assistance and carrying out evaluations. (b) Period of availability Except as provided in section 199C(d), the funds appropriated pursuant to subsection (a) shall be available for Federal obligation for the fiscal year for which the funds are appropriated and the succeeding 2 fiscal years. 199G. Interagency agreement (a) In general The Secretary of Labor and the Secretary of Education shall jointly develop policies for the administration of this subtitle in accordance with such terms as the Secretaries shall set forth in an interagency agreement. Such interagency agreement, at a minimum, shall include a description of the respective roles and responsibilities of the Secretaries in carrying out this subtitle (both jointly and separately), including— (1) how the funds available under this subtitle will be obligated and disbursed and compliance with applicable laws (including regulations) will be ensured, as well as how the grantees will be selected and monitored; (2) how evaluations and research will be conducted on the effectiveness of grants awarded under this subtitle in addressing the education and employment needs of workers, and employers; (3) how technical assistance will be provided to applicants and grant recipients; (4) how information will be disseminated, including through electronic means, on best practices and effective strategies and service delivery models for activities carried out under this subtitle; and (5) how policies and processes critical to the successful achievement of the education, training, and employment goals of this subtitle will be established. (b) Transfer authority The Secretary of Labor and the Secretary of Education shall have the authority to transfer funds between the Department of Labor and the Department of Education to carry out this subtitle in accordance with the agreement described in subsection (a). The Secretary of Labor and the Secretary of Education shall have the ability to transfer funds to the Secretary of Commerce and the Administrator of the Small Business Administration to carry out sections 199D and 199E, respectively. (c) Reports The Secretary of Labor and the Secretary of Education shall jointly develop and submit a biennial report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, describing the activities carried out under this subtitle and the outcomes of such activities. 199H. Definitions For purposes of this subtitle: (1) Community college The term community college has the meaning given the term junior or community college in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(f) ). (2) Nontraditional student The term nontraditional student has the meaning given the term in section 803(j) of the Higher Education Act (20 U.S.C. 11561(c)(j)). (3) Secretaries The term Secretaries means the Secretary of Labor and the Secretary of Education. . 3. Conforming amendment The table of contents for the Workforce Investment Act of 1998 ( 20 U.S.C. 9201 note) is amended by inserting after the item relating to section 199A the following: Subtitle G—Community College to Career Fund Sec. 199B. Community college and industry partnerships program. Sec. 199C. Pay-for-Performance and Pay-for-Success Job Training projects. Sec. 199D. Bring Jobs Back to America grants. Sec. 199E. Grants for Entrepreneur and Small Business startup training. Sec. 199F. Authorization of appropriations. Sec. 199H. Definitions. .