I 117th CONGRESS 2d Session H. R. 7385 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.

1. Short title This Act may be cited as the Training, Retention, And Investment Now for a Better America Act or the TRAIN Act . 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: 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. .