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
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.
This Act may be cited as
Community College Innovation
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:
Community-Based job training grants
In this subsection:
The term community college means—
an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))—
that awards a 2-year degree that is acceptable for full credit toward a baccalaureate degree; and
at which that 2-year degree is the primary degree, and the highest degree, awarded by the institution; or
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).
The term eligible entity means an entity that—
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
1 or more local boards;
a business in a qualified industry, or an industry association in the qualified industry, as identified in the application of the entity; and
an economic development entity.
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).
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)).
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—
is projected to add substantial numbers of new jobs to the regional economy;
has or is projected to have significant impact on the regional economy;
impacts or is projected to impact the growth of other industries or economic sectors in the regional economy;
is being transformed by technology and innovation requiring new knowledge or skill sets for workers;
is a new or emerging industry or economic sector that is projected to grow; or
requires high skills and has significant labor shortages in the regional economy.
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.
In addition to the demonstration projects authorized under subsection (b), the Secretary may establish and implement a national demonstration project designed—
to develop local innovative solutions to the workforce challenges facing qualified industries; and
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).
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.
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 description of the eligible entity that will offer training under the grant;
a demonstration of the need for funds to create or expand a program to carry out the activities described in paragraph (6);
an economic analysis of the local labor market to identify—
a qualified industry;
the workforce issues faced by such industries; and
potential participants in programs funded under this subsection;
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;
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;
performance measures for the activities funded under the grant, that include the core indicators of performance described in section 136(b)(2)(A);
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
a description of the local or private resources that will—
support the activities carried out under this subsection; and
enable the entity to carry out such activities after the expiration of the grant.
Factors for award of grant
In awarding a grant under this subsection, the Secretary shall consider—
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;
the extent to which the program carried out through the grant will provide jobseekers with high-quality training for employment in a qualified industry;
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;
the extent to which local businesses commit to hire, retain, or advance individuals who receive training through the program; and
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.
Leveraging of resources
In awarding grants under this subsection, the Secretary shall also consider—
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
the ability of an eligible entity to continue to carry out and expand such activities after the expiration of the grant period.
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.
Use of funds
An eligible entity that receives a grant under this subsection—
shall use the grant funds for—
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
training of adults, incumbent workers, dislocated workers, or out-of-school youth in the programs described in clause (i); and
may use the grant funds for—
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;
referring individuals trained under the grant for employment in a qualified industry;
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;
providing training and relevant job skills to small business owners or operators to facilitate small business development in a qualified industry; or
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.
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.
Performance accountability and evaluation
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.
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).
Federal assistance for community college modernization
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.
From the amount made available to carry out this section for a fiscal year, the Secretary shall reserve—
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
not more than 0.25 percent for grants to the outlying areas to provide for modernization, renovation, and repair activities described in this section.
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—
the sum of—
the total number of students in such State who are enrolled in institutions described in subsection (j)(1)(A); and
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
the estimated total number of students described in items (aa) and (bb) of subclause (I) in all States.
No State shall receive an allocation under clause (i) for a fiscal year that is less than $2,500,000.
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.
A State that receives a grant under this section may use not more than 1 percent of such grant for administration costs.
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.
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—
how the funds provided under this section will improve—
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
the ability of such colleges to educate and train students to meet the workforce needs of employers in the State;
the projected start date of each project; and
the estimated number of persons who will be employed through each project.
Prohibited uses of funds
Funds awarded under this section shall not be used for—
routine or janitorial costs;
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
construction, modernization, renovation, and repair of facilities—
used for sectarian instruction, religious worship, or a school or department of divinity; or
in which a substantial portion of the functions of the facilities are subsumed in a religious mission.
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.
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—
the LEED Green Building Rating System;
the CHPS Criteria, as applicable;
Green Globes; or
an equivalent program adopted by the State or the State higher education agency that includes a verifiable method to demonstrate compliance with such program.
Application of GEPA
Section 439 of the General Education Provisions Act (20 U.S.C. 1232b) shall apply to funds available under this section.
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—
a description of the projects for which the grant was, or will be, used;
a description of the amount and nature of the assistance provided to each community college under this section; and
the number of jobs created by the projects funded under this section.
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.
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.
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).
In this section:
The term community college means—
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
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—
baccalaureate degrees (or an equivalent); or
master's, professional, or other advanced degrees.
The term CHPS Criteria means the green building rating program developed by the Collaborative for High Performance Schools.
The term Energy Star means the Energy Star program of the Department of Energy and the Environmental Protection Agency.
The term Green Globes means the Green Building Initiative environmental design and rating system referred to as Green Globes.
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.
Modernization, renovation, and repair
The term modernization, renovation, and repair means—
comprehensive assessments of facilities to identify—
facility conditions or deficiencies that could adversely affect student and staff health, safety, performance, or productivity or energy, water, or materials efficiency; and
needed facility improvements;
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;
repairing, replacing, or installing heating, ventilation, or air conditioning systems, or components of those systems (including insulation), including by conducting indoor air quality assessments;
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;
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;
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;
abatement, removal, or interim controls of asbestos, polychlorinated biphenyls, mold, mildew, or lead-based hazards, including lead-based paint hazards;
retrofitting necessary to increase energy efficiency, which may include insulation or reducing heating and cooling costs through thermal coating of community college facility roofs;
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—
volatile organic compounds;
particles such as dust and pollens; or
modernization, renovation, or repair necessary to reduce the consumption of coal, electricity, land, oil, or water;
installation or upgrading of educational technology infrastructure;
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;
modernization, renovation, or repair activities related to energy efficiency and renewable energy, including—
insulation of systems functioning as heating, venting, or air conditioning; and
improvements to building infrastructures to accommodate bicycle and pedestrian access;
required environmental remediation related to facilities modernization, renovation, or repair activities described in subparagraphs (A) through (M);
ground improvements, storm water management, landscaping and environmental clean-up when necessary;
other modernization, renovation, or repair to—
improve teachers' ability to teach and students' ability to learn;
ensure the health and safety of students and staff; or
improve classroom, laboratory, and vocational facilities in order to enhance the quality of science, technology, engineering, and mathematics instruction; and
measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution.
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.
The term Secretary means the Secretary of Education.
The term State means each of the 50 States of the United States, the Commonwealth of Puerto Rico, and the District of Columbia.
Availability of funds
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.
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.