[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1442 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1442
To establish the Corporation for Career Pathways to promote pathways to
unfilled and emerging job markets, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2021
Ms. Cortez Masto (for herself and Ms. Collins) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish the Corporation for Career Pathways to promote pathways to
unfilled and emerging job markets, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Workforce Promotion to Access
Training to Help Workers, Adults, and Youths Succeed Act'' or the
``Workforce PATHWAYS Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to provide a coordinated process for developing a
national strategy to ensure that United States' students and
workers have access to affordable, relevant, and innovative
education and job training that will equip them to compete and
win in the global economy;
(2) to prepare Americans for the 21st Century economy and
the emerging industries of the future by--
(A) providing an environment of lifelong learning
and skills-based training; and
(B) cultivating a demand-driven approach to the
opportunities available;
(3) to establish a promotional public-private partnership
that--
(A) analyzes economic trends;
(B) promotes pathways to unfilled and emerging job
markets; and
(C) guides current and future workers in the United
States economy by providing information to empower
economic mobility and security for United States
workers;
(4) to use economic and labor data and a honed marketing
campaign to reduce the barriers to choosing a career, or a
career transition, with more effective outreach and information
that is amenable and understandable for the worker and the
business community;
(5) to use information and marketing to reduce the stigma
or uncertainties surrounding many quality and essential
professions in the United States;
(6) to work with private employers, educational
institutions, labor unions, other nonprofit organizations, and
State, territorial, tribal, and local governments to update and
reshape the education and job training landscape in the United
States; and
(7) to work to aide and strengthen United States workers in
the wake of a global pandemic that has inflicted significant
pain on their economic and physical well-being .
SEC. 3. CORPORATION FOR CAREER PATHWAYS.
(a) Establishment.--There is authorized to be established a
nonprofit corporation, which--
(1) shall be known as the Corporation for Career Pathways
(referred to in this Act as the ``Corporation'');
(2) shall not be an agency or establishment of the United
States Government; and
(3) shall be subject to the provisions of the District of
Columbia Nonprofit Corporation Act (chapter 4 of title 29,
District of Columbia Official Code) to the extent that such
provisions are consistent with this section.
(b) Mission and Vision.--
(1) Mission.--The mission of the Corporation is to increase
awareness of career pathways for United States workers,
educators, and employers by promoting workforce development
initiatives, educational programs, and other opportunities that
develop skills relevant to high-demand industries--
(A) to create a healthier, more resilient, and more
sustainable workforce; and
(B) to increase our Nation's global
competitiveness.
(2) Vision.--The vision of the Corporation is working
through an innovative public-private partnership to use
strategic data analytics, an effective public marketing
campaign, and the dissemination of timely information to
provide the tools workers, educators, and employers need--
(A) to create greater economic mobility;
(B) to promote greater job creation or employment;
(C) to reduce long-tenured displaced and dislocated
workers; and
(D) to increase the Nation's gross-domestic
product, export potential, and overall economic
strength.
(c) Board of Directors.--
(1) In general.--The Corporation shall have a Board of
Directors (referred to in this section as the ``Board'')
consisting of 21 members, who--
(A) shall be appointed by the Secretary of Labor,
in consultation with the Secretary of Commerce, the
Secretary of Education, the Administrator of the Small
Business Administration, the Director of the National
Economic Council, and the Chairman of the Council of
Economic Advisors;
(B) shall have knowledge of the domestic job
market, education opportunities, and career
development;
(C) shall collectively represent diverse
ethnicities and regions of the United States; and
(D) shall be United States citizens.
(2) Membership.--Of the members appointed pursuant to
paragraph (1)(A)--
(A) 1 member shall have appropriate expertise and
experience at a 4-year institution of higher education;
(B) 1 member shall have appropriate expertise and
experience at a 2-year institution of higher education;
(C) 1 member shall have appropriate expertise and
experience at a career and technical training
institution;
(D) 1 member shall have appropriate expertise and
experience in other adult education opportunities;
(E) 1 member shall have appropriate expertise and
experience at a primary or secondary public school,
especially in preparing students in a career and
technical education environment;
(F) in selecting the members described in
subparagraphs (A) through (E), the Secretary of Labor
should give strong consideration to including at least
1 member with specific experience in career or academic
counseling;
(G) 1 member shall have appropriate expertise and
experience in State or local workforce boards;
(H) 1 member shall have appropriate expertise and
experience with economics of the labor market,
including possible work in academia;
(I) 1 member shall have appropriate expertise and
experience in a labor organization representing private
sector unions, including through established
apprenticeship programs;
(J) 1 member shall have appropriate expertise and
experience in a labor organization representing public
sector unions, including through established
apprenticeship programs;
(K) 1 member shall have appropriate expertise and
experience in a private sector business trade
association, such as a Chamber of Commerce;
(L) 1 member shall have appropriate expertise and
experience in small business or entrepreneurship, or
their associations;
(M) 1 member shall have appropriate expertise and
experience in state or regional economic development;
(N) 2 members shall have appropriate expertise and
experience in a nonprofit organization that specializes
in assisting workers with job placement and other
needs, at least 1 of which shall specialize in
assisting minority workers;
(O) 1 member shall have appropriate expertise and
experience in a nonprofit organization that provides
job and vocational education to unemployed and
underemployed individuals;
(P) 1 member shall have appropriate expertise and
experience in a nonprofit organization that specializes
in helping assist veterans in career development and
job placement;
(Q) 1 member shall have appropriate expertise and
experience in a nonprofit organization that specializes
in helping assist disabled workers;
(R) 1 member shall have appropriate expertise and
experience in a nonprofit organization that specializes
in helping assist at-risk youth;
(S) 1 member shall have appropriate expertise and
experience in a nonprofit organization that specializes
in helping assist in rehabilitating workers after
incarceration; and
(T) 2 members shall have appropriate expertise and
experience in areas not identified in subparagraphs (A)
through (S) (such as areas within the technology,
energy, and health care sectors), as determined by the
Secretary of Labor, in consultation with the other
officials referred to in paragraph (1)(A).
(3) Incorporation.--The initial members of the Board shall
serve as incorporators and shall take whatever actions are
necessary to establish the Corporation under the District of
Columbia Nonprofit Corporation Act (chapter 4 of title 29,
District of Columbia Official Code).
(4) Term of office.--
(A) In general.--Except as provided in subparagraph
(B), the term of office of each member of the Board
shall be 3 years.
(B) Exceptions.--Of the members initially appointed
to the Board under this subsection--
(i) 7 members shall be appointed for an
initial 4-year term;
(ii) 7 members shall be appointed for an
initial 3-year term; and
(iii) 7 members shall be appointed for an
initial 2-year term.
(5) Removal for cause.--The Secretary of Labor may remove
any member from the Board for good cause.
(6) Vacancies.--
(A) In general.--Any vacancy in the Board shall not
affect the authority of the Board and shall be filled
in the manner required under this subsection.
(B) Service after expiration of term.--Any member
of the Board whose term has expired may continue to
serve on the Board until the earlier of--
(i) the date on which the member's
successor has taken office; or
(ii) the last day of the calendar year in
which the member's term has expired.
(C) Length of appointment.--Any member of the Board
appointed to fill a vacancy occurring before the
expiration of the term for which that member's
predecessor was appointed shall be appointed for the
remainder of such predecessor's term.
(D) Term limit.--A member of the Board may not
serve more than 2 consecutive terms (in addition to an
initial 2-year term, if applicable).
(7) Election of chair and vice chairs.--Members of the
Board shall--
(A) annually elect a member to be Chair; and
(B) elect 1 or 2 members to be Vice Chair every 2
years.
(8) Meetings.--
(A) Open to the public.--Meetings of the Board,
including any committee of the Board, shall be open to
the public. The Board may, by majority vote, close any
such meeting only for the time necessary to preserve
the confidentiality of commercial or financial
information that is privileged or confidential, to
discuss personnel matters, or to discuss legal matters
affecting the Corporation, including pending or
potential litigation.
(B) Frequency; locations.--The Chair shall convene
Board meetings not less frequently than 4 times per
year in diverse locations throughout the United States.
(C) Local input.--During Board meetings, members of
the Board--
(i) shall be briefed by local officials and
individuals with appropriate expertise in the
topic under discussion; and
(ii) shall review the efforts of the Board
and impact of actions taken by the Board.
(D) Virtual attendance.--Not fewer than 1 of the
Board meetings each year may be conducted virtually to
reduce travel and lodging costs. Members of the Board
may attend any Board meeting virtually if the member
explains to the Board why his or her virtual attendance
is necessary.
(9) Not federal employees.--Notwithstanding any other
provision of law, members of the Board may not be considered to
be employees of the United States Government as a result of
their service as members of the Board.
(10) Compensation; expenses.--Members of the Board may not
receive any compensation from the Federal Government for their
service on the Board, but shall be paid actual travel expenses
and per diem in lieu of subsistence expenses when they are away
from their usual place of residence, in accordance with section
5703 of title 5, United States Code.
(11) Annual objectives.--The Board shall establish annual
objectives through a workforce strategy for the Corporation for
each fiscal year, subject to approval by the Secretary of
Labor, in consultation with the Secretary of Commerce, the
Secretary of Education, the Administrator of the Small Business
Administration, the Director of the National Economic Council,
and the Chairman of the Council of Economic Advisors.
(12) Budget.--Not later than 60 days before the beginning
of each fiscal year, the Board shall--
(A) submit a copy of the Corporation's budget for
the upcoming fiscal year to the Secretary of Labor,
which budget shall include a detailed explanation of
any expenditure provided for in the budget in excess of
$5,000,000; and
(B) post a copy of the budget and explanation
described in subparagraph (A) on the Corporation's
website.
(d) Officers and Employees.--
(1) In general.--
(A) Officers.--The Board shall hire United States
citizens to serve as the Executive Director of the
Corporation and as such other officers as may be
necessary to carry out the duties of the Corporation.
(B) Employees.--The Executive Director, under the
direction of the Board, shall hire such employees of
the Corporation as may be necessary, including--
(i) individuals with expertise and
experience in labor market economics,
(ii) individuals with private and public
sector experience;
(iii) individuals with expertise and
experience in public relations; and
(iv) individuals with expertise and
experience in labor relations.
(C) Length of service.--Officers and employees
hired pursuant to subparagraphs (A) and (B) shall serve
for terms fixed by the Board and at the pleasure of the
Board.
(D) Compensation.--
(i) In general.--The Corporation may fix
the compensation of officers and employees
hired pursuant to subparagraphs (A) and (B).
(ii) Limitation.--Except as provided in
clause (iii), officers and employees of the
Corporation may not receive any salary or other
compensation from any sources other than the
Corporation for services rendered during their
employment by the Corporation.
(iii) Service for other organizations.--
Officers may receive compensation for service
on the Board of Directors or a committee of an
organization that does not receive funds from
the Corporation if such service has been
approved in advance by the Board and is subject
to the provisions of the Corporation's
Statement of Ethical Conduct.
(2) Nonpolitical nature of appointment.--No political test
or qualification may be used in selecting, appointing,
promoting, or taking other personnel actions with respect to
officers or employees of the Corporation.
(e) Nonprofit and Nonpolitical Nature of Corporation.--
(1) Stock.--The Corporation shall have no power to issue
any shares of stock, or to declare or pay any dividends.
(2) Profit.--No part of the income or assets of the
Corporation shall inure to the benefit of any director,
officer, employee, or any other individual except as salary or
reasonable compensation for services.
(3) Political contributions.--The Corporation may not
contribute to or otherwise support any political party or
candidate for elective public office. Individual members of the
Board are not prohibited from such activities when acting in
their personal capacity.
(4) Lobbying activities.--It is the sense of Congress that
the Corporation should not engage in lobbying activities (as
defined in section 3(7) of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602(7)). Individual members of the Board are not
prohibited from such activities in their personal capacity.
(5) Broad focus.--In carrying out its duties under this
section, the Corporation may not overtly prioritize any
particular group of jobs or industries beyond what is
statistically justified.
(f) Duties and Powers.--
(1) Annual reports.--
(A) Operations.--Not later than March 1st of each
year, the Corporation shall submit a report to the
Secretary of Labor, which shall include, with respect
to the preceding fiscal year--
(i) a comprehensive and detailed
description of the Corporation's operations,
activities, financial condition, and
accomplishments in promoting United States
workers, the domestic job market, and career
pathways, including any actions authorized
under paragraph (5);
(ii) a comprehensive and detailed
accounting of amounts obligated or expended by
the Corporation;
(iii) a detailed description of each in-
kind contribution received by the Corporation,
including, for each such contribution--
(I) its fair market value;
(II) the individual or organization
responsible for making the
contribution;
(III) its specific use; and
(IV) a justification for its use
within the context of the Corporation's
mission;
(iv) an objective and quantifiable
measurement of the progress made, on an
objective-by-objective basis, in meeting the
objectives established by the Board and
included within the annual workforce strategy;
(v) an explanation of any challenges to
achieve an objective established by the Board
and any revisions or alterations to the
Corporation's objectives established by the
Board pursuant to the annual workforce
strategy;
(vi) such recommendations as the Board
considers appropriate for all workforce
stakeholders, including the Executive branch,
Congress, States, and local governments.
(B) Workforce strategy.--Not later than January 1st
of each year, the Corporation shall develop and submit
to the Secretary of Labor an annual workforce strategy
for engaging all labor market stakeholders about
opportunities or changes to useful degrees, registered
apprenticeship programs, and certifications or skill
sets, which shall include--
(i) setting specific workforce performance
goals to be supported by the Corporation that
benefit all States, territories, and the
District of Columbia;
(ii) identifying opportunities and
strategies to create more job and career
building opportunities and mobility to rural,
urban, and suburban areas;
(iii) evaluating the current and future
state of the United States workforce, including
projected emerging job and skill needs across
all sectors of the United States economy;
(iv) identifying and addressing potential
impacts of emerging technologies on the
workforce;
(v) providing information pertaining to--
(I) the 25 job classifications that
are currently in the highest demand in
each State or region, according to the
latest State and regional assessments
and reports;
(II) the 50 job classifications
that are currently in the highest
demand nationwide; and
(III) the emerging job market
trends anticipated 5 years and 10 years
into the future;
(vi) taking a strategic look at whether it
is more accurate or effective to break the
lists referred to in clause (v) into regions,
rather than breaking them up exclusively along
State lines;
(vii) exploring and providing information
on how to better connect the appropriate
employers and workers, including by
highlighting emerging industries to better link
potential employees to the business and job
markets that are hiring;
(viii) identifying necessary general skill
sets, such as time management, judgement and
decision making, operation monitoring,
coordination, speaking, critical thinking,
active listening, and material resource
management, that are most desired, important,
and needed by employers and the most in-demand
jobs and careers;
(ix) identifying the necessary specific
skill sets needed to match the demands of the
Nation, State, or region's in-demand job
markets;
(x) identifying the current education and
training capacity of United States educational
and vocational institutions and career pathways
to meet the workforce needs identified pursuant
to clauses (iii) and (v), including fields for
which there is a shortfall or surplus of
education and training capacity;
(xi) identifying and addressing what
motivates workers and promoting such
motivators;
(xii) identifying and addressing barriers
to retaining individuals in careers;
(xiii) identifying and addressing factors
influencing individuals pursuing careers in in-
demand fields, including barriers to attracting
individuals into such fields, particularly
young people and traditionally underrepresented
populations, including women and minorities;
(xiv) considering how Federal agencies,
businesses, industries, labor organizations,
educators, and other stakeholders can
coordinate efforts to support qualified
individuals in pursuing careers in high-demand
fields;
(xv) identifying and addressing the most
effective manner to transition between jobs or
between geographic locations;
(xvi) identifying and addressing any
potential stigmas or misperceptions, that
influence whether young individuals pursue
careers associated with certain jobs or career
paths in in-demand fields;
(xvii) facilitating and encouraging
elementary, secondary, and postsecondary
students in the United States to pursue careers
in in-demand fields;
(xviii) identifying and developing pathways
for students and individuals to secure
apprenticeships readiness, registered
apprenticeships, and other work-based learning
opportunities in in-demand fields;
(xix) identifying methods of enhancing
apprenticeships readiness and registered
apprenticeships, job skills training,
mentorship, education, and outreach programs
that are exclusive to youth, veterans, disabled
persons, and senior citizens in the United
States;
(xx) identifying potential sources of
funding, including grants and scholarships,
that may be used to support youth, veterans,
disabled persons, senior citizens, and other
qualified individuals in pursuing careers in
high-demand fields;
(xxi) reevaluating education and workforce
training programs to meet constantly changing
employer needs and engaging with business
leaders, educational institutions, and
community-based organizations to ensure that
the needs of the workforce are being offered in
education and training;
(xxii) creating policies that build
pathways between secondary education, post-
secondary education, training institutions, and
business communities;
(xxiii) ensuring that secondary education,
post-secondary education, workforce training,
and business development programs consider
equity by targeting investments in low-income
neighborhoods, which often results in higher
growth rates and broader equity and
inclusivity; and
(xxiv) conducting outreach to employers to
persuade the employers to adopt these options,
including the registered apprenticeship model.
(C) Marketing plan.--In conjunction with the
workforce strategy developed pursuant to subparagraph
(B), the Corporation shall develop and submit an annual
marketing plan to the Secretary of Labor that--
(i) incorporates the elements described in
subparagraph (B);
(ii) helps individuals chart a career path
that will place them in the middle class or
higher without having to work more than 1 job;
(iii) informs individuals of professional
development opportunities, including the
advantageous longitudinal outcomes associated
with such opportunities;
(iv) markets the options regionally to
employers, nonprofit organizations, workforce
boards, potential apprentices, secondary school
students, counselors, school administrators,
and parents;
(v) maximizes the economic benefits to the
United States by promoting effective business
and workforce integration in the United States
through advertising, outreach to educational
institutions, labor organizations, business
trade shows, and other appropriate promotional
activities;
(vi) addresses ways to diversify the
employment and career pathways in many
industries by--
(I) providing employment
opportunities to underrepresented
communities;
(II) promoting diversity among
these options by marketing and
supporting outreach to underrepresented
populations, including women and
minorities; and
(III) increasing access for
vulnerable or underrepresented
populations, especially women and
minorities, to high skill and other in-
demand careers;
(vii) more effectively coordinates
veterans, seniors, and disabled populations
into the job market;
(viii) includes regional, State, or local
analyses in the Corporation's materials and
marketing efforts;
(ix) evaluates and provides awards or
recognition in accordance with paragraph (4);
and
(x) includes a ``Workforce Report Card'' to
monitor the progress made towards meeting
annual workforce performance goals established
pursuant to subparagraph (B)(i).
(2) Annual united states career forecast and resource
guide.--Not later than April 1st of each year, the Corporation,
using elements required in the annual workforce strategy and
any other information and resources readily available from
Federal, State, and local governments, consortiums, and
academic institutions, shall publish an annual public United
States Career Forecast and Resource Guide that provides such
information in a plain, understandable way--
(A) to educate the American public regarding the
United States job market, including--
(i) information regarding in-demand
industries, workforce needs, and pathways for
training for and obtaining available jobs; and
(ii) identifying and correcting common
misperceptions regarding such issues;
(B) to provide useful, understandable, and concrete
information to students, workers, businesses, scholars,
scientists, and others involved in the United States
job market;
(C) to identify the workforce needs of the United
States economy, broken down by State, or regions, as
appropriate, and time period, including government
employment and other public service employment;
(D) to outline effective career development
opportunities that include additional or complementary
career pathways;
(E) to promote opportunities and pathways for small
businesses and entrepreneurship;
(F) to provide a list of Federal and State
resources to assist United States workers, educators,
or career counselors to navigate relevant career
pathways in fields in which more workers are needed;
(G) to advocate for the implementation of education
and training systems, including registered
apprenticeships, that are fully aligned with workforce
needs;
(H) to promote underrepresented communities in in-
demand industries;
(I) to include rural workforce and job markets in
all workforce development efforts;
(J) to focus on in-demand industries and
populations that are most likely to drive the United
States economy;
(K) to outline the economic and other benefits of
filling domestic job markets with properly trained
United States workers through advertising, outreach to
workforce and business associations, and other
appropriate promotional activities; and
(L) to identify efforts that can be made by
employers, educators, and workers to provide for
greater income mobility and economic stability in the
future job market.
(3) Distribution of report and strategy.--Not later than 60
days after receiving each operations report pursuant to
paragraph (1)(A) and each workforce strategy pursuant to
paragraph (1)(B), the Secretary of Labor shall submit a copy of
such report and strategy to--
(A) the Secretary of Education;
(B) the Secretary of Commerce;
(C) the Administrator of the Small Business
Administration;
(D) the Director of the National Economic Council;
(E) the Chairperson of the Council of Economic
Advisors;
(F) the Committee on Appropriations of the Senate;
(G) the Committee on Commerce, Science, and
Transportation of the Senate;
(H) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(I) the Committee on Appropriations of the House of
Representatives;
(J) the Committee on Energy and Commerce of the
House of Representatives; and
(K) the Committee on Education and Labor of the
House of Representatives.
(4) Recognition awards.--The Corporation shall establish an
awards program to annually recognize--
(A) workers and students who achieve excellence in
registered apprenticeships, adult education programs,
career and technical education programs, or other
nontraditional workforce development pathways;
(B) educational institutions that take unique or
innovative approaches to developing a skilled
workforce; and
(C) businesses that take unique or innovative
approaches to developing a skilled workforce.
(5) Powers.--In order to carry out the activities required
under this subsection, the Corporation may--
(A) obtain grants from, partner with, and make
contracts with, Federal and State agencies, trade
associations, private companies, coalitions, and other
institutions with relevant expertise;
(B) hire or accept the voluntary services of
consultants, experts, advisory boards, and panels to
aid the Corporation in carrying out such activities;
and
(C) take such other actions as may be necessary to
accomplish such activities.
(g) Website.--The Corporation shall develop and maintain a publicly
accessible website through which it shall--
(1) provide information to the public, including
stakeholders;
(2) conduct public outreach activities; and
(3) distribute marketing campaign materials, including the
resource guide described in subsection (f)(2).
(h) Use of Available Data and Statistics.--In carrying out all of
the duties and activities described in this section, the Corporation
shall--
(1) make use of all relevant and available data and
statistics used by Federal and State agencies, as appropriate,
including reports, data collection, surveys, and the similar
efforts;
(2) take all necessary precautions to avoid maintaining any
individual's personal information; and
(3) make available the data, information, and statistics it
collects for the responsible use by Federal and State agencies,
as appropriate, including reports, data collection, surveys,
and similar efforts.
SEC. 4. FUNDING.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$25,000,000 for each of the fiscal years 2022 through 2026 to
carry out this Act.
(2) Additional funding during periods of high
unemployment.--During any of the fiscal years referred to in
paragraph (1) in which the United States unemployment rate
exceeds 10 percent, there is authorized to be appropriated an
additional $25,000,000 to carry out this Act.
(b) Non-Federal Contributions.--The Corporation shall seek up to
$25,000,000 annually in contributions from--
(1) United States corporations;
(2) local chambers of commerce;
(3) institutions of higher education, including vocational
schools;
(4) State and local governments;
(5) workforce boards;
(6) nonprofit organizations;
(7) labor organizations; and
(8) other interested stakeholders that the Corporation
considers appropriate.
(c) United States Career Pathways Fund.--
(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
``United States Career Pathways Fund''.
(2) Deposits.--There shall be deposited into the United
States Career Pathways Fund--
(A) amounts appropriated pursuant to subsection
(a); and
(B) amounts donated to the Corporation for Career
Pathways in accordance with subsection (b).
(3) Use of fees.--Amounts deposited into the United States
Career Pathways Fund shall remain available until expended for
grants for the Corporation or for State and local workforce
boards to assist in the implementation of the annual workforce
strategy described in section 3(f)(1)(B).
(d) Matching Public and Private Funding.--
(1) Start-up expenses.--
(A) In general.--Subject to paragraph (3), of the
amounts deposited into the United States Career
Pathways Fund pursuant to subsection (c)(2), the
Secretary of the Treasury shall make available to the
Corporation up to $10,000,000 to cover the
Corporation's initial expenses and activities under
this Act.
(B) Quarterly transfers.--Transfers from the United
States Career Pathways Fund to the Corporation shall be
made not less frequently than quarterly, beginning on
January 1, 2022, on the basis of estimates by the
Secretary of the Treasury. Proper adjustments shall be
made in amounts subsequently transferred to the extent
prior estimates were in excess or less than the amounts
required to be transferred.
(2) Funding for subsequent fiscal years.--Subject to
paragraph (3), for each of the fiscal years 2022 through 2026,
the Secretary of the Treasury shall transfer make quarterly
transfers from the United States Career Pathways Fund to the
Corporation in an amount that is equal to the amount deposited
into the United States Career Pathways Fund during the prior
quarter.
(3) Matching requirement.--
(A) In general.--Amounts may not be transferred to
the Corporation under this subsection unless, for each
of the fiscal years 2023 through 2026, the Corporation
provides a non-Federal match equal to the amount
transferred to the Fund under paragraph (2) for each
such fiscal year.
(B) Goods and services.--
(i) In general.--For the purpose of
determining the value of the non-Federal match
under subparagraph (A) the fair market value of
goods and services (including advertising)
contributed to the Corporation--
(I) may be included in the
determination; and
(II) may not account for more than
80 percent of the matching requirement
in any fiscal year.
(ii) Right of refusal.--The Corporation may
decline to accept any in-kind contribution
determined to be inappropriate, not useful, or
commercially worthless.
(C) Waiver.--The matching requirement under
subparagraph (A) shall be waived during the 12-month
period beginning on the date on which the United States
unemployment rate is greater than 10 percent.
(D) Limitation.--The Corporation may not obligate
or expend funds in excess of the total amount received
by the Corporation for a fiscal year from Federal and
non-Federal sources.
(4) Carryforward.--
(A) Federal funds.--Amounts transferred to the Fund
under paragraph (1) or (2) shall remain available until
expended.
(B) Matching funds.--Any amount received by the
Corporation from non-Federal sources in any of fiscal
year 2022 through 2026 that cannot be used to meet the
matching requirement under paragraph (3)(A) for the
fiscal year in which amount was collected may be
carried forward and treated as having been received in
the succeeding fiscal year for purposes of meeting such
matching requirement in such succeeding fiscal year.
(e) Limitations on Use of Funds.--
(1) In general.--Amounts deposited into the Corporation for
Career Pathways Account may not be used for any purpose other
than carrying out the responsibilities of the Corporation under
this subsection.
(2) Major campaigns.--The Board may not authorize the
Corporation to obligate or expend more than $15,000,000 on any
advertising campaign, promotion, or related effort unless--
(A) at least 10 members of the Board are present
(including virtual presence, as authorized under
paragraph 3(c)(8)(D)) at the meeting at which such
obligation or expenditure is approved;
(B) such obligation or expenditure is approved by
an affirmative vote of at least 2/3 of such members;
and
(C) each member of the Board was given at least 3
days advance notice of the meeting at which the vote on
the obligation or expenditure is to be taken that
identifies the matters to be voted upon at such
meeting.
(f) Accountability.--
(1) Annual financial audits.--
(A) In general.--The Corporation shall contract
with an independent accounting firm to conduct an
annual financial audit of the Corporation's operations
and shall publish the results of each audit on its
public website.
(B) GAO review.--The Comptroller General of the
United States may--
(i) review any audit of a financial
statement conducted under subparagraph; and
(ii) conduct periodic audits of the
Corporation's operations.
(2) Program review.--Not later than 2 years after the date
of the enactment of this Act, the Comptroller General of the
United States shall--
(A) conduct a review of the programmatic activities
of the Corporation; and
(B) submit a report to the appropriate
congressional committees that contains the results of
such review.
(3) Access to records.--The Corporation shall provide
Congress and the Comptroller General of the United States with
full and complete access to the books and records of the
Corporation.
<all>