,,ii  #aaeth ,,congress  #b;d ,session  
,s4 #ceeg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #e1   
#bjah ,mr4 ,king 7for himself1 ,ms4     
,hassan1 ,mr4 ,casey1 and ,mr4          
,heinrich7 introduced the following     
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to strengthen and improve local
 and regional workforce and economic    
competitiveness and resilience1 and for 
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,invest in     
,america ,act4  #b4 ,purposes ,the      
purposes of this ,act are-- 7#a7 7,a7 to
 help local and regional leaders build  
and support the necessary environment   
and conditions for employers to create  
and expand middle and high-skill jobs2  
and  7,b7 to train workers to have the  
knowledge and skills to meet the        
requirements of those jobs2  7#b7 to    
support-- 7,a7 economic expansion and   
resilience--  7i7 by diversifying the   
commercial and industrial bases of local

 and regional economies2  7ii7 by       
removing barriers to growth2 and  7iii7 
by identifying means of encouraging such
 expansion1 carried out in a manner that
 is increasingly proactive and          
predictive of future economic shifts1 to
 build local and regional economic      
resilience2  7,b7 job creation1 in new  
or existing industries2 and  7,c7       
workforce development and re-employment 
opportunities1 by providing a range of  
workforce development activities1       
including occupational training1        
resulting in recognized postsecondary   
credentials for high-quality1 in-demand 
jobs2 and  7#c7 specifically1 to meet   
the needs of economically distressed    
communities and regions by supporting   
locally or regionally determined1 and   
locally or regionally led1 plans and    
projects4  #c4 ,definitions ,in this    
,act3 7#a7 ,area career and technical   
education school ,the term area career  
and technical education school has the  
meaning given the term in section #c of 

the ,carl ,d4 ,perkins ,career and      
,technical ,education ,act of #bjjf 7#bj
 ,u4,s4,c4 #bcjb74  7#b7 ,career pathway
 ,the term career pathway has the       
meaning given the term in section #c of 
the ,workforce ,innovation and          
,opportunity ,act 7#bi ,u4,s4,c4 #cajb74
  7#c7 ,comprehensive economic          
development strategy ,the term          
comprehensive economic development      
strategy has the meaning given the term 
in section #c of the ,public ,works and 
,economic ,development ,act of #aife    
7#db ,u4,s4,c4 #cabb74  7#d7            
,medium-sized area ,the term            
medium-sized area means an area that--  
7,a7 is not a rural area1 as defined in 
paragraph 7#i72 and  7,b7 is a city1    
town1 or other area that-- 7i7 has a    
population of not more than #abe1jjj    
inhabitants2 and  7ii7 is not located   
within an urbanized area 7as defined by 
the ,bureau of the ,census7 with a      
population of more than #fge1jjj        
inhabitants4  7#e7 ,postsecondary       

educational institution ,the term       
postsecondary educational institution   
means institution of higher education1  
as defined in section #ajb of the       
,higher ,education ,act of #aife 7#bj   
,u4,s4,c4 #ajjb74  7#f7                 
,pre-apprenticeship program ,the term   
pre-apprenticeship program means a      
program or set of strategies that-- 7,a7
 is designed to prepare individuals to  
enter and succeed in a registered       
apprenticeship program2  7,b7 is carried
 out by an eligible entity that has a   
documented partnership with at least #a 
sponsor of a registered apprenticeship  
program2  7,c7 includes-- 7i7 training  
7including a curriculum for the         
training71 aligned with industry        
standards and reviewed and approved     
annually by sponsors of the registered  
apprenticeship programs within the      
documented partnership1 that will       
prepare individuals by teaching the     
skills and competencies needed to enter 
#a or more registered apprenticeship    

programs2 and  7ii7 provision of        
hands-on training and theoretical       
education to individuals that-- 7,i7    
accurately simulates the industry and   
occupation conditions of the registered 
apprenticeship program described in     
subparagraph 7,b72  7,,ii7 is carried   
out in a manner that includes proper    
observation of supervision and safety   
protocols2 and  7,,iii7 is carried out  
in a manner that does not displace a    
paid employee2 and  7,d7 is carried out 
under a formal agreement between an     
eligible entity and a sponsor of a      
registered apprenticeship program1 that 
would enable participants who           
successfully complete the               
pre-apprenticeship program to enter     
directly into the registered            
apprenticeship program 7if a place in   
the program is available71 and that     
includes agreements concerning earning  
credit recognized by a postsecondary    
educational institution for skills and  
competencies acquired during the        

pre-apprenticeship program4  7#g7       
,recognized postsecondary credential    
,the term recognized postsecondary      
credential has the meaning given the    
term in section #c of the ,workforce    
,innovation and ,opportunity ,act 7#bi  
,u4,s4,c4 #cajb74  7#h7 ,registered     
apprenticeship program ,the term        
registered apprenticeship program means 
a program registered under the ,act of  
,august #af1 #aicg 7commonly known as   
the ,national ,apprenticeship ,act2 #ej 
,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4
 #ej et seq474  7#i7 ,rural area ,the   
term rural area has the meaning given   
the term in section #cdc7;a7 of the     
,consolidated ,farm and ,rural          
,development ,act 7#g ,u4,s4,c4         
#aiia7;a774  7#aj7 ,secretary ,the term 
,secretary means the ,secretary of      
,labor1 unless otherwise specifically   
indicated4  7#aa7 ,tribal organization  
,the term tribal organization has the   
meaning given the term in section #d of 
the ,indian ,self-,determination and    

,education ,assistance ,act 7#be        
,u4,s4,c4 #ecjd74  7#ab7 ,workforce     
development activity2 workforce         
development program ,the terms workforce
 development activity and workforce     
development program have the meanings   
given the terms in section #c of the    
,workforce ,innovation and ,opportunity 
,act 7#bi ,u4,s4,c4 #cajb74  #d4 ,invest
 in ,america competitive grants  7a7    
,grants authorized  7#a7 ,planning      
grants ,the ,secretary may make planning
 grants to eligible entities to plan    
projects described in paragraph 7#b74   
7#b7 ,implementation grants ,the        
,secretary may make implementation      
grants to eligible entities to implement
 projects to support local and          
regional--  7,a7 economic expansion and 
resilience-- 7i7 by diversifying the    
commercial and industrial bases of local
 and regional economies2  7ii7 by       
removing barriers to growth2 and  7iii7 
by identifying means of encouraging such
 expansion1 carried out in a manner that

 is increasingly proactive and          
predictive of future economic shifts1 to
 build local and regional economic      
resilience2  7,b7 job creation1 in new  
or existing industries2 and  7,c7       
workforce development and re-employment 
opportunities1 by providing a range of  
workforce development activities1       
including occupational training1        
resulting in recognized postsecondary   
credentials for high-quality1 in-demand 
jobs4  7#c7 ,description of grants  7,a7
 ,planning grants ,the planning grants  
awarded by the ,secretary shall be used 
during a planning phase4 ,during the    
planning phase1 the eligible entities   
will prepare an ,invest in ,america plan
 that--  7i7 when reviewed and approved 
under subsection 7c71 will be used      
during the implementation phase         
described in subparagraph 7,b72 and     
7ii7 identifies industries and          
occupations to be targeted during the   
implementation phase4  7,b7             
,implementation grants ,the             

implementation grants awarded by the    
,secretary shall be used during an      
implementation phase4 ,during the       
implementation phase1 the eligible      
entities will implement their ,invest in
 ,america plans1 to support targeted    
economic expansion and resilience1 job  
creation1 and associated workforce      
development and re-employment           
opportunities4  7#d7 ,amount of grants  
7,a7 ,factors ,the amounts of the       
planning grants and implementation      
grants will be based on a variety of    
factors1 including--  7i7 long-term     
economic growth rates2  7ii7 prevalence 
of skill mismatches2  7iii7 long-term   
unemployment and underemployment2  7iv7 
poverty and persistent poverty rates2   
and  7v7 number and percent of workers  
and employers impacted by economic      
shifts1 such as shifts caused by trade1 
changes in government policy or         
regulation1 or technological innovation4
  7,b7 ,limits  7i7 ,planning grants    
,the ,secretary shall make a planning   

grant in an amount of not less than     
#aj1jjj and not more than #ejj1jjj4     
7ii7 ,implementation grants ,the        
,secretary shall make an implementation 
grant in an amount of not less than     
#gej1jjj and not more than #g1ejj1jjj4  
7#e7 ,duration of grants  7,a7 ,planning
 grants ,the ,secretary shall make a    
planning grant for a period of not more 
than #b years4  7,b7 ,implementation    
grants ,the ,secretary shall make an    
implementation grant for a period of #c 
years4  7,c7 ,extensions ,the ,secretary
 may extend the period of an            
implementation grant made under this    
section for an additional #b-year period
 if the grant recipient demonstrates to 
the ,secretary that the recipient is    
achieving its grant objectives and1 as  
applicable1 is meeting or is likely to  
meet the applicable performance         
measures4  7b7 ,eligible entity ,in this
 ,act1 the term eligible entity means   
any of the following3 7#a7 ,a consortium
 that--  7,a7 includes #b or more       

entities described in any of            
subparagraphs 7,a7 through 7,f7 of      
paragraph 7#b72 and  7,b7 may also      
include a ,state1 regional1 or local    
public or private organization1         
including a community-based             
organization1 that is appropriate to    
meet the objectives for the grant       
involved1 if the fiscal agent of the    
consortium is an entity described in any
 of subparagraphs 7,a7 through 7,f7 of  
paragraph 7#b74  7#b7 ,a partnership of 
#b or more of the following entities3   
7,a7 ,a local 7including a county7 or   
regional unit of government that is     
responsible for economic development4   
7,b7 ,an economic development agency    
recognized by the ,economic ,development
 ,administration of the ,department of  
,commerce4  7,c7 ,a local workforce     
development board1 meaning a local board
 as defined in section #c of the        
,workforce ,innovation and ,opportunity 
,act 7#bi ,u4,s4,c4 #cajb71 or a        
consortium of such boards4  7,d7 ,a     

tribal organization4  7,e7 ,an area     
career and technical education school4  
7,f7 ,a postsecondary educational       
institution4  7c7 ,applications  7#a7   
,planning grant applications ,each      
eligible entity that desires to receive 
a planning grant under this section     
shall submit an application to the      
,secretary at such time1 in such manner1
 and containing such information as the 
,secretary may reasonably require4 ,in  
the case of an eligible entity described
 in subsection 7b77#a71 the application 
shall be prepared and submitted by #a or
 more members of the consortium who are 
entities described in subsection        
7b77#a77;,a74 ,at a minimum1 each       
application for a planning grant shall  
include--  7,a7 a description of the    
existing economic conditions of the     
community or region to be served by the 
eligible entity1 drawing on existing    
analyses and reports1 such as those     
within the comprehensive economic       
development strategy or corresponding   

local plans prepared under section #ajh 
of the ,workforce ,innovation and       
,opportunity ,act 7#bi ,u4,s4,c4 #cabc72
  7,b7 a description of existing        
workforce development activity resources
 and providers2  7,c7 the organizations 
within the eligible entity2  7,d7 a     
description of recent economic expansion
 and resiliency efforts in the community
 or region2  7,e7 a brief overview of   
the anticipated direction of the ,invest
 in ,america plan to be developed2  7,f7
 the period for which the planning grant
 is requested2 and  7,g7 the budget for 
the planning activities4  7#b7          
,implementation grant applications ,each
 eligible entity that desires to receive
 an implementation grant under this     
section shall submit an application to  
the ,secretary at such time1 in such    
manner1 and containing such information 
as the ,secretary may reasonably        
require4 ,in the case of an eligible    
entity described in subsection 7b77#a71 
the application shall be prepared and   

submitted by #a or more members of the  
consortium who are entities described in
 subsection 7b77#a77;,a74 ,at a minimum1
 each application for an implementation 
grant shall include--  7,a7 a detailed  
summary of the ,invest in ,america plan 
and project resulting from the planning 
grant2  7,b7 a summary of the targeted  
industries and occupations2  7,c7 a     
summary of how the necessary workforce  
development activities will be          
undertaken1 including1 in the case of a 
program leading to a recognized         
postsecondary credential1 a description 
of the program leading to the           
credential2  7,d7 the eligible entity's 
plan for obtaining an independent       
evaluation of-- 7i7 the effectiveness of
 the project to be implemented with the 
grant funds2 and  7ii7 the performance  
of the eligible entity in carrying out  
the project1 including how the eligible 
entity will use performance measures    
that include--  7,i7 primary indicators 
of performance identified under section 

#aaf of the ,workforce ,innovation and  
,opportunity ,act 7#bi ,u4,s4,c4 #cada71
 core indicators of performance         
identified under section #aac of the    
,carl ,d4 ,perkins ,career and          
,technical ,education ,act of #bjjf 7#bj
 ,u4,s4,c4 #bcbc71 or evaluation        
criteria established under section      
#ejf7;d7 of the ,public ,works and      
,economic ,development ,act of #aife    
7#db ,u4,s4,c4 #caif7;d771 as           
appropriate1 to determine that          
performance2 and  7,,ii7 levels of      
performance approved through the        
application process2  7,e7 the levels of
 performance that the eligible entity   
proposes to use for purposes of         
subparagraph 7,d77ii77,,ii72 and  7,f7  
information demonstrating that the      
eligible entity will provide the        
non-,federal share of the cost of       
implementing the project1 as described  
in subsection 7e74  7#c7 ,grant         
application design and review ,the      
,secretary shall design and review the  

grant applications1 and award grants1 in
 cooperation with--  7,a7 the ,secretary
 of ,commerce1 the ,secretary of        
,education1 the ,secretary of           
,agriculture1 and the ,secretary of the 
,interior2 and  7,b7 as appropriate and 
necessary1 the heads of other ,federal  
departments and agencies4  7#d7 ,rural1 
medium-sized1 and economically          
distressed communities and regions  7,a7
 ,rural areas  7i7 ,in general ,the     
,secretary shall ensure that an amount  
that is not less than #ej percent of the
 funds provided through the             
implementation grants for any fiscal    
year is made available for projects for 
which the eligible entity is located in 
a rural area4  7ii7 ,exception          
,notwithstanding clause 7i71 the        
,secretary shall reduce the amount of   
funds made available under such clause  
for such projects if the ,secretary does
 not receive a sufficient number of     
applications of sufficient quality4     
7,b7 ,medium-sized areas  7i7 ,in       

general ,the ,secretary shall ensure    
that an amount that is not less than #be
 percent of the funds provided through  
the implementation grants for any fiscal
 year is made available for projects for
 which the eligible entity is located in
 a medium-sized area4  7ii7 ,exception  
,notwithstanding clause 7i71 the        
,secretary shall reduce the amount of   
funds made available under such clause  
for such projects if the ,secretary does
 not receive a sufficient number of     
applications of sufficient quality4     
7,c7 ,economically distressed community 
or region ,the ,secretary shall ensure  
that1 to the greatest extent            
practicable1 funds provided through the 
planning and implementation grants are  
made available for projects that will   
serve an economically distressed        
community or region4  7d7 ,uses of      
implementation grant funds  7#a7        
,economic development and job creation  
,an eligible entity that receives an    
implementation grant may use the grant  

funds for a project to-- 7,a7 support   
the creation of new businesses and jobs 
in a variety of industries and          
occupations with middle and high-skill  
jobs2  7,b7 implement local and regional
 strategies for job creation and growth 
and economic diversification2  7,c7     
cultivate entrepreneurship1 including   
strengthening the entrepreneurial       
ecosystem1 developing entrepreneurship  
education1 and developing business      
incubator programs2  7,d7 strengthen or 
develop existing or emerging industry   
clusters2  7,e7 strengthen or develop   
regional infrastructure that will       
benefit industry clusters2  7,f7 enhance
 access to and use of broadband services
 to support job creation through        
business creation and expansion2  7,g7  
7i7 facilitate access to private capital
 investment2 and  7ii7 provide related  
capacity-building and technical         
assistance concerning effective         
utilization of capital investment for   
business development and job creation2  

7,h7 develop economic expansion and     
resilience strategies2 and  7,i7 develop
 robust support systems for individuals 
who have families and who are trying to 
enter or re-enter the workforce1 such as
 systems that provide access--  7i7 to  
child care2  7ii7 to drug treatment     
resources2 and  7iii7 to employment     
services for individuals with           
disabilities4  7#b7 ,education and      
training ,in carrying out that project1 
the eligible entity that receives an    
implementation grant may use the grant  
funds to--  7,a7 establish or expand    
registered apprenticeship programs and  
pre-apprenticeship programs in          
industries and occupations with middle  
and high-skill jobs in the industries   
and occupations identified as part of   
the ,invest in ,america plan prepared   
under the planning grant2  7,b7 expand  
and target career and technical         
education1 occupational training        
programs1 and training services 7as     
defined in section #c of the ,workforce 

,innovation and ,opportunity ,act 7#bi  
,u4,s4,c4 #cajb772  7,c7 provide        
enhanced services to dislocated workers 
7as defined in section #c of the        
,workforce ,innovation and ,opportunity 
,act 7#bi ,u4,s4,c4 #cajb771 which may  
be patterned after those services       
available under subchapter ,b of chapter
 #b of title ,,ii of the ,trade ,act of 
#aigd 7#ai ,u4,s4,c4 #bbia et seq472    
7,d7 offer and expand transitional jobs 
programs2  7,e7 focus resources on      
high-priority needs and populations1    
including--  7i7 computer science       
education and training2  7ii7           
entrepreneurship and start-up industry  
workforce skills2  7iii7 skills for     
veterans transitioning back into the    
civilian workforce2  7iv7 training for  
formerly incarcerated individuals       
re-entering the workforce2 and  7v7     
underrepresented minorities1            
underrepresented women1 and individuals 
with disabilities4  7,f7 build career   
pathway programs among and between high 

schools1 area career and technical      
education schools1 community colleges1  
regional #d-year postsecondary          
educational institutions1 workforce     
development programs1 and programs of   
community partners1 including building  
the career pathway programs through     
memoranda of understanding and credit   
transfer agreements among the schools1  
colleges1 institutions1 and programs    
specified in this subparagraph2 and     
7,g7 expand integrated adult education  
and occupational training programs4  7e7
 ,federal share  7#a7 ,in general ,the  
,federal share of the cost of           
implementing a project under this ,act  
for a program year may not be more than 
#gj percent4  7#b7 ,non-,federal share  
,the non-,federal share may be in cash  
or in kind1 fairly evaluated1 including 
plant1 equipment1 or services4 ,the     
eligible entity shall provide the       
non-,federal share from ,state or local 
sources1 or private organizations4  7#c7
 ,waiver ,the ,secretary may waive the  

requirement of paragraph 7#b71 on a     
case-by-case basis1 upon a showing of   
exceptional circumstances1 such as--    
7,a7 the difficulty of raising funds for
 a non-,federal share for a project to  
serve a rural area2 and  7,b7 the       
difficulty of raising funds for a       
non-,federal share for a project        
involving a tribal organization4  7f7   
,performance  7#a7 ,performance measures
 ,the ,secretary shall establish        
performance measures for the projects   
carried out under this section4 ,a      
portion of the performance measures     
shall be workforce-related performance  
measures with indicators and levels that
 shall include1 at a minimum1 the       
indicators and levels described in      
subsection 7c77#b77;,d77ii71 as         
appropriate4  7#b7 ,evaluation ,each    
recipient of an implementation grant    
under this section shall obtain an      
independent evaluation of the           
effectiveness of the project and the    
performance of the eligible entity as   

outlined under subsection 7c77#b77;,d74 
7#c7 ,report ,each recipient of an      
implementation grant under this section 
shall submit an annual report to the    
,secretary that includes--  7,a7 a      
description of how the grant funds were 
used2  7,b7 the outcomes and impact of  
the project implemented2  7,c7 the      
levels of performance for the recipient 
on the applicable performance measures  
described in paragraph 7#a72 and  7,d7  
the results of the evaluation conducted 
under paragraph 7#b71 if such an        
evaluation has been completed during the
 year covered by the report4  #e4       
,technical assistance ,the ,secretary   
may reserve not more than #e percent of 
the funds available to make grants under
 this ,act for each fiscal year to--    
7#a7 provide technical assistance for   
eligible entities1 either directly      
through an appropriate ,federal         
department or agency or through a       
contract with an appropriate expert     
organization2 and  7#b7 disseminate     

information on best practices relating  
to the activities carried out under this
 ,act4  #f4 ,coordination with other    
,federal programs ,the heads of the     
,federal departments and agencies       
engaged in the grant application design 
and review process under section        
#d7;c77#c7 shall--  7#a7 catalog all    
existing 7as of the day of the          
cataloging7 programs related to         
workforce development activities or     
economic development activities2 and    
7#b7 ensure that the activities         
authorized under this ,act are          
implemented in a manner that is         
coordinated with the programs identified
 under paragraph 7#a74  #g4 ,funding    
7a7 ,limitation ,the ,secretary may only
 carry out sections #d and #e with      
amounts made available to the ,secretary
 of ,labor under section #bhf7w7 of the 
,immigration and ,nationality ,act1 as  
added by subsection 7c74  7b7           
,supplemental fees ,section #bad7;c7 of 
the ,immigration and ,nationality ,act  

7#h ,u4,s4,c4 #aahd7;c77 is amended by  
adding at the end the following3  7#ae7 
7,a7 ,if the ,attorney ,general1 the    
,secretary of ,homeland ,security1 or   
the ,secretary of ,state is required to 
impose a fee on an employer under       
paragraph 7#i7 or 7#aa71 the ,attorney  
,general1 the ,secretary of ,homeland   
,security1 or the ,secretary of ,state1 
as appropriate1 shall also impose a     
supplemental fee on such employer in the
 amount determined under subparagraph   
7,b74  7,b7 ,the amount of the          
supplemental fee imposed on an employer 
under subparagraph 7,a71 for each alien 
granted an immigration benefit under    
paragraph 7#i7 or 7#aa71 shall be--  7i7
 #bfj for any employer with more than   
#be full-time equivalent employees who  
are employed in the ,united ,states     
7including employees of any affiliate or
 subsidiary of such employer72 and  7ii7
 #acj for any employer with not more    
than #be such employees4  7,c7 ,fees    
collected under this paragraph shall be 

deposited in the ,treasury in accordance
 with section #bhf7w74  4  7c7          
,supplemental ,h-#a;,b ,nonimmigrant    
,petitioner ,account ,section #bhf of   
the ,immigration and ,nationality ,act  
7#h ,u4,s4,c4 #acef7 is amended by      
adding at the end the following3  7w7   
,supplemental ,h-#a;,b ,nonimmigrant    
,petitioner ,account  7#a7 ,in general  
,there is established in the general    
fund of the ,treasury a separate        
account1 which shall be known as the    
,supplemental ,h-#a;,b ,nonimmigrant    
,petitioner ,account4 ,notwithstanding  
any other provision of law1 there shall 
be deposited as offsetting receipts into
 the account all fees collected under   
section #bad7;c77#ae74  7#b7 ,use of    
fees for invest in america competitive  
grants ,the amounts deposited into the  
,supplemental ,h-#a;,b ,nonimmigrant    
,petitioner ,account shall remain       
available to the ,secretary of ,labor   
until expended for planning grants1     
implementation grants1 and technical    

assistance under sections #d and #e of  
the ,invest in ,america ,act4  4