[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4139 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4139
To amend the Workforce Innovation and Opportunity Act to establish a
digital skills at work grant program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 2024
Mr. Kaine introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Workforce Innovation and Opportunity Act to establish a
digital skills at work grant program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Skills for Today's Workforce
Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to amend the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.) to further promote digital
equity by--
(1) building digital skills for current and incoming
workers in in-demand industries in order to advance access to
good jobs and fill in-demand occupations of the 21st century by
establishing capacity within postsecondary education, adult
education, and workforce development systems to deliver digital
skills training and to design such training; and
(2) fostering digitally resilient individuals and education
and workforce development systems.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Analysis by the National Skills Coalition and the
Federal Reserve Bank of Atlanta finds that 92 percent of jobs
require digital skills while \1/3\ of workers do not have the
foundational digital skills necessary to enter and succeed in
today's jobs. Further, for businesses, turnover costs
(estimated at $25,000 when a worker quits within the first year
to more than $78,000 after 5 years) can be averted or delayed
by ensuring that workers have access to key upskilling
opportunities.
(2) Per a survey of 69 business owners in key industries in
North Carolina conducted by the North Carolina Broadband Office
and North Carolina Business Committee on Education, more than a
quarter of responders indicated that their business has lost
competitive advantage due to a shortage of digital skills.
(3) According to United States data from the Organization
for Economic Cooperation and Development Survey of Adult
Skills, workers of color are disproportionately likely to face
digital skills gaps due to longstanding inequities. For
example, Black workers comprise 12 percent of overall workers
but represent 15 percent of the subset of workers who have no
digital skills and 21 percent of those with limited digital
skills. Latino workers (who may be of any race) are 14 percent
of overall workers but represent a full 35 percent of workers
with no digital skills and 20 percent of those with limited
digital skills.
SEC. 4. WORKFORCE INNOVATION AND OPPORTUNITY ACT AMENDMENTS.
(a) In General.--Subtitle D of title I of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3221 et seq.) is amended--
(1) by redesignating section 172 as section 173; and
(2) by inserting after section 171 the following:
``SEC. 172. DIGITAL SKILLS AT WORK GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Accelerated learning program models.--The term
`accelerated learning program models' means evidence-informed
strategies that support adult learners and workers in obtaining
in-demand skills and credentials in an accelerated fashion,
including integrated education and training, bridge programs,
and work-based learning programs.
``(2) Digital equity.--The term `digital equity' means the
condition in which individuals and communities have the
information technology capacity that is needed for full
participation in the society and economy of the United States.
``(3) Digital and information literacy skills.--The term
`digital and information literacy skills' means the skills
associated with--
``(A) using technology to enable users to find,
evaluate, organize, create, and communicate information
and complete tasks through existing and emerging
technologies;
``(B) recognizing the extent and essence of an
information need, assessing the security and
reliability of information, and effectively using
information; and
``(C) developing digital citizenship and the
responsible use of technology.
``(4) Digitally resilient.--The term `digitally resilient'
means--
``(A) with respect to an individual, an individual
with the awareness, skills, agility, and confidence to
be an empowered user of new technologies and to be able
to adapt to changing digital skill demands by improving
the capacity to problem solve, improve and update
skills, navigate digital transformations, and be active
participants in society and the economy; and
``(B) with respect to a system, an education or
workforce development system that--
``(i) has established processes and
policies to adapt to evolving technological
demands, buffer workers and businesses from the
disruptive effects of rapid technological
shifts, and foster the ability of an individual
to create, critique, and use new technological
tools; and
``(ii) offers multiple pathways to economic
success and does not endorse any single type of
technology or digital skill as the mechanism
for economic mobility.
``(5) Digital workplace skills.--The term `digital
workplace skills'--
``(A) means the broad array of foundational and
more specialized skills (including basic, advanced, and
applied skills) that enable an individual to be an
effective user or creator of technology while on the
job; and
``(B) includes industry-specific skills and skills
that are transferable across industries.
``(6) Eligible entity.--The term `eligible entity' means an
entity that is--
``(A) described in any of subparagraphs (A) through
(H) of section 60304(b)(2) of the Digital Equity Act of
2021 (47 U.S.C. 1723(b)(2)); or
``(B) an industry or sector partnership.
``(7) Individual with indicators of low digital and
information literacy skills.--The term `individual with
indicators of low digital and information literacy skills'
means, with respect to a State, an individual who resides in
such State and has--
``(A) an educational attainment of not more than a
high school diploma or equivalent;
``(B) earnings in the bottom 2 quintiles of
earnings in such State; or
``(C) limited English language proficiency.
``(8) Secretary.--The term `Secretary' means the Secretary
of Labor.
``(9) State.--The term `State' means a State or outlying
area.
``(10) Working age resident.--The term `working age
resident' means, with respect to a State, an individual who
resides in such State and is not younger than 16 years of age
and not older than 64 years of age.
``(b) Digital Skills at Work Grants.--
``(1) In general.--The Secretary shall, in consultation
with the Secretary of Education and the Secretary of Commerce,
award a grant in an amount described in paragraph (2) to each
State that submits a complete application under paragraph (3)
to expand digital workplace skills for individuals seeking jobs
and individuals with barriers to employment.
``(2) Grant amount.--A grant to a State under paragraph (1)
shall be in an amount that is the sum of--
``(A) an amount that bears the same ratio to 50
percent of the total amount of grants made available to
all States under paragraph (1) as the population of
such State bears to the total population of all States;
``(B) an amount that bears the same ratio to 25
percent of the total amount of grants made available to
all States under paragraph (1) as the population of
working age residents in the State bears to the total
population of working age residents of all States; and
``(C) an amount that bears the same ratio to 25
percent of the total amount of grants made available to
all States under paragraph (1) as the population of
individuals with indicators of low digital and
information literacy skills in the State bears to the
total population of individuals with indicators of low
digital and information literacy skills of all States.
``(3) Application.--To be eligible to receive a grant under
paragraph (1), a State shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including--
``(A) a description of--
``(i) how the State will use any grant
amounts awarded to expand digital workplace
skills for individuals seeking jobs and
individuals with barriers to employment in an
efficient and expeditious manner;
``(ii) the period in which the State will
expend the grant funds awarded under the grant;
and
``(iii) the budget for the activities that
the grant funds will support;
``(B) a demonstration, to the satisfaction of the
Secretary, that the State is capable of carrying out
the State activities under this subsection in a
competent manner and in compliance with all applicable
Federal, State, and local laws;
``(C) a description of the steps the State will
take to ensure that the State is supporting or building
digitally resilient systems and individuals;
``(D) a disclosure of the source and amount of
other Federal, State, or outside funding sources from
which the State receives, or has applied for, funding
for activities or projects to which the application
relates and, if applicable, how all the funding streams
align in terms of goals; and
``(E) an assurance that the State shall follow such
additional procedures as the Secretary may require to
ensure that grant funds are used and accounted for in
an appropriate manner.
``(4) No complete state application.--
``(A) In general.--In any case in which a State
does not apply, or submit a complete application for, a
grant under this subsection, the Secretary shall--
``(i) solicit and accept applications from
eligible entities with demonstrated capacity to
administer a Federal grant program on a
statewide basis; and
``(ii) use an amount of grant funds equal
to the State's share of the grant funds under
paragraph (2) to benefit the State by--
``(I) awarding a grant to an
eligible entity described in clause (i)
to enable the eligible entity to carry
out the program under this subsection
for the State; or
``(II) if there are no suitable
applications submitted under clause (i)
or the Secretary determines
appropriate, using a portion, or all,
of such funds to award grants to
eligible entities for the same
purposes, and subject to the same terms
and conditions, as subgrants awarded
under paragraph (5).
``(B) Special rules.--For purposes of applying this
subsection--
``(i) with respect to a grant awarded under
subparagraph (A)(ii)(I), any reference to a
State shall be deemed to refer to the eligible
entity receiving such grant; and
``(ii) with respect to a grant awarded
under subparagraph (A)(ii)(II), the eligible
entity shall submit the report required under
paragraph (5)(D) to the Secretary, and the
Secretary shall make all such reports publicly
available.
``(5) Uses of grant funds.--
``(A) Subgrants authorized.--A State that receives
a grant under paragraph (1) shall use the grant funds
to award subgrants to eligible entities for the purpose
of expanding digital workplace skills for individuals
to gain digital skills needed for their current
employment or in order to advance in their careers,
with a priority on assisting individuals with barriers
to employment.
``(B) Applications.--An eligible entity desiring a
subgrant under this paragraph shall submit an
application to the State at such time, in such manner,
and containing such information as the State shall
require.
``(C) Award basis.--
``(i) Priority.--In awarding subgrants
under subparagraph (A), the State shall give a
priority to eligible entities that will focus
activities under the subgrant on individuals
with barriers to employment.
``(ii) Geographic distribution.--In
awarding subgrants under subparagraph (A), the
State shall ensure funds are distributed in a
geographically diverse manner.
``(D) Reports.--Not later than 1 year after
receiving a subgrant under this paragraph, each
eligible entity receiving such subgrant shall submit a
report to the State regarding the activities supported
under such subgrant.
``(6) Performance accountability.--
``(A) State reports.--Not later than 2 years after
receiving the reports submitted to the State under
paragraph (5)(D) but not earlier than 18 months after
the grant is awarded to the State under paragraph (1),
the State shall submit a report to the Secretary--
``(i) describing the activities funded
using grant funds under this subsection; and
``(ii) including the information provided
in the local reports submitted to the State
under paragraph (5)(D).
``(B) Public availability.--The Secretary shall
make each State report submitted under subparagraph (A)
publicly available.
``(c) Competitive Grants.--
``(1) Program authorized.--The Secretary shall, on a
competitive basis, award grants to eligible entities to enable
the eligible entities to foster digital equity and digitally
resilient systems and individuals (including workers and
employers) in order to prepare the individuals for adapting to
the current and future competitive labor market and economy by
creating opportunities for individuals to gain digital skills
needed for their current employment or in order to advance in
their careers.
``(2) Application.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require, including--
``(A) a description of--
``(i) the activities that will be supported
using grant funds awarded under such paragraph,
including any services such as business
engagement, classroom instruction,
apprenticeships, work-based learning, and
supportive services;
``(ii) how the eligible entity receiving
the grant will work to engage small and medium-
sized employers;
``(iii) the digital workplace skills
learning strategies to be supported using such
grant funds;
``(iv) the digital workplace skills
curriculum, and other related materials, to be
developed and supported using such grant funds,
including--
``(I) the general content of such
curriculum;
``(II) the mechanism to deliver
such curriculum;
``(III) information on how the
curriculum connects to an in-demand
occupation or industry; and
``(IV) how this curriculum will be
shared with States and other eligible
entities via submission to a Federal
clearinghouse or other repository;
``(v) the professional development
opportunities relating to digital workplace
skills for instructors supported by such grant
funds, including with regard to new hiring of
instructors with industry experience and
increasing the skills of instructors with
expertise in serving adult learners and
administering programs using accelerated
learning program models;
``(vi) any programs using accelerated
learning program models to be supported by such
grant funds, and how such programing will align
with existing accelerated learning programs, as
of the date of application, in the area served
by the grant;
``(vii) any in-demand industry sector or
occupation that will be served using such grant
funds, including how any such industry sector
or occupation was identified;
``(viii) how the eligible entity will
protect the privacy and security of any data
collected with regard to an individual involved
in any activity supported using such grant
funds;
``(ix) any population that will receive
services from any activity supported using such
grant funds, including populations of
individuals with barriers to employment and
populations historically underrepresented in
any industry to be served under the grant;
``(x) any recognized postsecondary
credential that an individual can obtain
through participation in an activity supported
using such grant;
``(xi) any measurable gains in a skill that
such an individual can achieve through such
participation;
``(xii) any steps the eligible entity will
take to align activities supported using such
grant funds with, as applicable, the State
Digital Equity Plan of the State developed
under section 60304(c)(1) of the Digital Equity
Act of 2021 (47 U.S.C. 1723(c)(1)) and the
action plan of the State submitted to the
Broadband Equity, Access, and Deployment
Program under section 60102(e)(1)(D) of the
Infrastructure Investment and Jobs Act (47
U.S.C. 1702(e)(1)(D)); and
``(xiii) how the eligible entity will
leverage additional resources, including
funding provided under title II and non-Federal
resources, for activities supported using such
grant funds; and
``(B) an assurance that the eligible entity will
protect the privacy and security of individuals
involved in any program or activity supported using
such grant funds by--
``(i) prohibiting any program supported
using such grant funds from withholding any
earned learning information or earned
credentialing information from such an
individual for reasons such as the individual
failing to pay such program; and
``(ii) prohibiting any program or vendor
supported using such grant funds from gathering
or disseminating personally identifiable
information, as defined by the Secretary, of
program participants, except as needed for
program evaluation and reporting purposes.
``(3) Performance accountability.--
``(A) Local reports.--By one year after the date on
which an eligible entity received a grant under this
subsection, the eligible entity shall submit to the
Secretary a report containing--
``(i) a description of the levels of
performance achieved by the eligible entity
with respect to the performance indicators
described under section 116(b)(2)(A) for--
``(I) all participants in
activities supported under such grant
funds; and
``(II) individuals with barriers to
employment, in the aggregate and
disaggregated by each subpopulation and
by race, ethnicity, English language
proficiency, sex, and age; and
``(ii) the progress of the entity towards
fulfilling the objectives for which the grant
was awarded.
``(B) Public availability.--As a condition of
receiving a grant under this subsection, an eligible
entity shall agree to make the eligible entity's
progress and findings available for the Secretary to
share across States.
``(d) Reservation of Funds.--Notwithstanding any other provision of
this section, the Secretary--
``(1) may reserve not more than 5 percent of the amounts
made available to carry out this section for technical
assistance under, and administration of, this section; and
``(2) shall reserve not less than 2 percent and not more
than 4 percent of such amounts to evaluate the programs carried
out under this section.''.
(b) Authorization of Appropriations.--Section 173 of the Workforce
Innovation and Opportunity Act, as redesignated by subsection (a)(1),
is further amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) Digital Skills at Work Grants.--There are authorized to be
appropriated to carry out section 172 such sums as may be necessary for
fiscal year 2024 and each of the 4 succeeding fiscal years.''.
(c) Digital and Information Literacy Skills as Training Services.--
Section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3174(c)(3)(D)) is amended--
(1) in clause (x), by striking ``and'' after the semicolon;
(2) in clause (xi), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(xii) training in digital and information
literacy skills, as defined in section
172(a).''.
(d) Conforming Amendment.--Section 8041(g)(2)(C) of the SUPPORT for
Patients and Communities Act (29 U.S.C. 3225a(g)(2)(C)) is amended by
striking ``172(f)'' and all that follows through the period at the end
and inserting ``173(g) of such Act.''.
(e) Table of Contents.--The table of contents in section 1(b) of
the Workforce Innovation and Opportunity Act is amended in the items
related to subtitle D of title I--
(1) by redesignating the item relating to section 172 as
the item relating to section 173; and
(2) by inserting after the item relating to section 171 the
following:
``Sec. 172. Digital skills at work grant program.''.
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