[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4580 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4580
To establish, improve, or expand high-quality workforce development
programs at community colleges, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2024
Mr. Warnock (for himself and Mr. Braun) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish, improve, or expand high-quality workforce development
programs at community colleges, 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 TITLE.
This Act may be cited as the ``Pathways to Prosperity Act''.
SEC. 2. STRENGTHENING COMMUNITY COLLEGES GRANT PROGRAM.
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. STRENGTHENING COMMUNITY COLLEGES WORKFORCE DEVELOPMENT
GRANTS PROGRAM.
``(a) Purposes.--The purposes of this section are--
``(1) to establish, improve, or expand high-quality
workforce development programs at community colleges;
``(2) to expand opportunities for individuals to obtain
recognized postsecondary credentials that are nationally or
regionally portable and stackable for in-demand industry
sectors or occupations;
``(3) to better align high-quality workforce development
programs at community colleges with local industry needs and
in-demand industry sectors or occupations; and
``(4) to strengthen partnerships between employers in in-
demand industry sectors or occupations and community colleges
for the purpose of ensuring high-quality workforce development
curriculums.
``(b) Strengthening Community Colleges Workforce Development Grants
Program.--
``(1) In general.--From the amounts appropriated to carry
out this section under section 173(e) and not reserved under
paragraph (2), the Secretary shall, on a competitive basis,
award grants to eligible institutions, to work with eligible
partnerships to carry out the activities described in
subsection (e).
``(2) Reservation.--Of the amounts appropriated to carry
out this section under section 173(e), the Secretary may
reserve not more than 2 percent for the administration of
grants awarded under this section, including--
``(A) providing technical assistance and targeted
outreach to support eligible institutions serving a
high number or high percentage of low-income
individuals or individuals with barriers to employment,
and rural-serving eligible institutions, to provide
guidance and assistance in the process of applying for
grants under this section; and
``(B) evaluating and reporting on the performance
and impact of programs funded under this section in
accordance with subsections (f) through (h).
``(c) Award Period.--
``(1) Initial grant period.--Each grant awarded under this
section shall be awarded for an initial period of not more than
4 years.
``(2) Subsequent grants.--An eligible institution that
receives an initial grant under this section may receive one or
more additional grants under this section, for additional
periods of not more than 4 years each, if the eligible
institution demonstrates that, during the most recently
completed grant period for a grant received under this section,
the institution's eligible partnership achieved the levels of
performance established under subsection (f) with respect to
the indicators of performance specified in subsection (f).
``(d) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, an eligible institution shall submit an
application to the Secretary at such time and in such manner as
the Secretary may require.
``(2) Contents.--An application submitted by an eligible
institution under paragraph (1) shall include a description of
each the following:
``(A) The extent to which the eligible institution
has demonstrated success building partnerships with
local employers in in-demand industry sectors or
occupations to carry out activities to provide students
with the skills needed for such occupations or
occupations in such industry sectors and an explanation
of the results of any such partnership activities.
``(B) The methods and strategies the eligible
institution will use to engage with employers in in-
demand industry sectors or occupations, including any
arrangements the institution will make to place
individuals who complete the workforce development
program supported by the grant into employment with
such employers.
``(C) The proposed eligible partnership that the
eligible institution will establish and maintain to
comply with subsection (e)(1) (referred to in this
section as an `eligible partnership'), including--
``(i) the roles and responsibilities
(including serving as a provider), determined
by the eligible institution, of each employer,
organization, agency, or institution of higher
education that the eligible institution will
partner with to carry out the activities under
this section; and
``(ii) the needs that will be addressed by
such eligible partnership.
``(D) One or more industry sectors or occupations
that such partnership will target and real-time labor
market data demonstrating that those sectors or
occupations are aligned with employer demand in the
geographic area to be served by the eligible
institution.
``(E) Information that consists of--
``(i) a description of the extent to which
the eligible institution will leverage
additional resources to support the program to
be funded with the grant, and an assurance that
the eligible institution will obtain a written
commitment for any leveraged funds (such as
matching funds) for the program;
``(ii) information demonstrating the future
sustainability of such program; and
``(iii) a description of any investments or
matching funds provided by employers
participating in the eligible partnerships.
``(F) The steps the institution will take to ensure
the high quality of the program to be funded with the
grant, including the career pathways within such
program.
``(G) The population and geographic area to be
served by the eligible institution, including the
number of individuals the eligible institution intends
to serve during the grant period.
``(H) The workforce development program to be
supported by the grant.
``(I) The recognized postsecondary credential that
is expected to be earned by participants in such
workforce development program and the related in-demand
industry sector or occupation for which such program
will prepare participants.
``(J) The evidence upon which the education and
skills development strategies to be used in such
workforce development program are based and an
explanation of how such evidence influenced the design
of the program to improve education and employment
outcomes.
``(K) How activities of the eligible institution
and its eligible partnership carried out through the
program are expected to align with the workforce
strategies identified in--
``(i) any State plan or local plan
submitted under this Act by the State, outlying
area, or locality in which the eligible
institution is expected to operate;
``(ii) any State plan submitted under
section 122 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C.
2342) by such State or outlying area; and
``(iii) any economic development plan of
the chief executive of such State or outlying
area.
``(L) The expected measures of the eligible
institution, for the eligible partnership, with respect
to--
``(i) a capacity building indicator (as
described in subsection (f)(1)(B)); and
``(ii) the expected levels of performance
of individuals participating in the program to
be offered by the eligible institution, with
respect to any indicators of performance
applicable under subsection (f).
``(M) In the case of an eligible institution
proposing a workforce development program that leads to
a recognized postsecondary credential described in
subsection (e)(2)(C)(i), the information described in
subclauses (I) through (VI) of subsection (e)(2)(C)(i).
``(N) How the eligible institution will keep
tuition and other costs of attendance (as described in
subsection (e)(3)(D)) low or affordable for students
who are participants.
``(O) How the eligible institution will work with
employers and industry partners in an eligible
partnership to design curricula and training programs
aligned to industry needs for the workforce development
programs.
``(3) Consideration of previous experience.--The Secretary
may not disqualify an eligible institution from receiving a
grant under this section solely because such institution lacks
previous experience in building partnerships, as described in
paragraph (2)(A).
``(4) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible institutions that--
``(A) will use such a grant to serve--
``(i) individuals with barriers to
employment; or
``(ii) incumbent workers who need to gain
or improve foundational skills to enhance their
employability;
``(B) use competency-based assessments, such as the
covered assessment identified by the State in which the
eligible institution is located, to award academic
credit for prior learning for the program supported by
the grant; or
``(C) have, or will seek to have, the provider of
the career education program within the program
supported by the grant included on the list of eligible
providers of training services under section 122(d) for
the State in which the eligible institution is located.
``(e) Uses of Funds.--
``(1) Eligible partnership.--For the purpose of carrying
out the activities specified in paragraphs (2) and (3), an
eligible institution that receives a grant under this section
shall establish a partnership (including continuing an existing
partnership) that shall include one or more employers in an in-
demand industry sector or occupation and may include other
organizations, agencies, or institutions of higher education.
The eligible institution shall maintain such eligible
partnership for the duration of the grant period. The eligible
institution shall ensure that the partnership, in carrying out
its roles and responsibilities under subsection (d)(2)(C) for
the program under the grant--
``(A) targets one or more specific in-demand
industry sectors or occupations;
``(B) carries out activities that include
collaboration with the workforce development system;
``(C) serves adult and dislocated workers,
incumbent workers, and new entrants to the workforce;
``(D) uses an evidence-based program design that is
appropriate for the activities carried out by the
partnership;
``(E) incorporates work-based learning
opportunities, as defined in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2302); and
``(F) incorporates, to the extent appropriate,
virtual service delivery to facilitate technology-
enabled learning.
``(2) Required activities.--An eligible institution that
receives a grant under this section shall use the grant funds,
in consultation with the employers in the eligible partnership
described in paragraph (1), to--
``(A) establish, improve, or expand a high-quality,
evidence-based workforce development program, such as a
career pathway program, or work-based learning program
(including apprenticeship programs or pre-
apprenticeships);
``(B) provide career services to individuals
participating in the program funded with the grant to
facilitate retention and program completion, which may
include--
``(i) career navigation, coaching,
mentorship, and case management services,
including providing information and outreach to
individuals with barriers to employment to
encourage such individuals to participate in
the program funded with the grant; and
``(ii) providing access to course
materials, technological devices, required
equipment, and other supports necessary for
participation in and successful completion of
such program; and
``(C) make available, in a format that is open,
searchable, and easily comparable, information on--
``(i) curricula and recognized
postsecondary credentials offered through the
program funded with the grant, including any
curricula or credentials created or further
developed using such grant, which for each
recognized postsecondary credential shall
include--
``(I) the issuing entity of such
credential;
``(II) any third-party endorsement
of such credential;
``(III) the occupations for which
the credential prepares individuals;
``(IV) the skills and competencies
necessary to achieve to earn such
credential;
``(V) the level of mastery of such
skills and competencies (including how
mastery necessary to achieve to earn
such credential is assessed); and
``(VI) any transfer value or
stackability of the credential;
``(ii) any skills or competencies developed
by individuals who participate in such program
beyond the skills and competencies identified
as necessary to earn such credential; and
``(iii) related employment and earnings
outcomes on the primary indicators of
performance described in subclauses (I) through
(III) of section 116(b)(2)(A)(i).
``(3) Additional activities.--In addition to the activities
required under paragraph (2), an eligible institution that
receives a grant under this section shall use the grant funds,
in consultation with the employers in the eligible partnership
described in paragraph (1), to carry out one or more of the
following activities:
``(A) Establish, improve, or expand for the
workforce development program carried out under the
grant--
``(i) articulation agreements (as defined
in section 486A(a) of the Higher Education Act
of 1965 (20 U.S.C. 1093a(a)));
``(ii) credit transfer agreements;
``(iii) a corequisite remediation program
that enables a student to receive remedial
education services while enrolled in a
postsecondary course rather than requiring the
student to receive remedial education before
enrolling in a such a course;
``(iv) a dual or concurrent enrollment
program;
``(v) competency-based education and
assessment; or
``(vi) policies and processes to award
academic credit for prior learning or for a
program described in paragraph (2)(A).
``(B) Establish or implement plans for providers of
the program described in paragraph (2)(A) to meet the
criteria and information requirements and carry out the
procedures necessary to be included on the eligible
training services provider list described in section
122(d), to provide training services through the
program.
``(C) Purchase, lease, or refurbish specialized
equipment as necessary to carry out such program,
except that not more than 15 percent of the funds
awarded to the eligible institution under this section
may be used for activities described in this
subparagraph.
``(D) Reduce or eliminate unmet financial need
relating to the cost of attendance (as defined under
section 472 of the Higher Education Act of 1965 (20
U.S.C. 1087ll)) of participants in such program.
``(4) Administrative cost limit.--An eligible institution
may use not more than 7 percent of the funds awarded to the
institution under this section for administrative costs,
including costs related to collecting information, analysis,
and coordination for purposes of subsection (f).
``(f) Performance Levels and Performance Reviews.--
``(1) In general.--The Secretary shall develop and
implement guidance that establishes the levels of performance
that are expected to be achieved by the eligible partnership
established or maintained by the eligible institution under
subsection (e)(1) receiving a grant under this section. Such
levels of performance shall be established on the following
indicators of performance:
``(A) Each of the primary indicators of performance
for adults described in section 116(b), which shall be
applied for all individuals who participate in a
program that receives funding from a grant under this
section.
``(B) An indicator for the extent to which the
eligible partnership built capacity by--
``(i) increasing the breadth and depth of
employer engagement and investment in a
workforce development program in the in-demand
industry sector or occupation targeted by the
eligible partnership;
``(ii) designing or implementing new and
accelerated instructional techniques or
technologies, including the use of advanced
online and technology-enabled learning (such as
learning through immersive technology); and
``(iii) increasing program and policy
alignment across systems and decreasing
duplicative services or service gaps.
``(C) Indicators, with respect to individuals who
participated in the workforce development program
funded with the grant, for--
``(i) the percentage of participants who
successfully completed the program; and
``(ii) of the participants who were
incumbent workers at the time of enrollment in
the program, the percentage who advanced into
higher-level positions during or after
completing the program.
``(2) Consultation and determination of performance
levels.--
``(A) Consideration.--In developing levels of
performance for the indicators of performance described
in paragraph (1) in accordance with paragraph (1), the
Secretary shall take into consideration the expected
measures of the eligible institution pursuant to
subsection (d)(2)(L).
``(B) Determination.--After completing the
consideration required under subparagraph (A), the
Secretary shall separately determine the levels of
performance that will apply to each eligible
partnership for the indicators, taking into account--
``(i) the expected levels of performance of
the corresponding eligible institution with
respect to the expected measures described by
the eligible institution pursuant to subsection
(d)(2)(L); and
``(ii) local economic conditions in the
geographic area to be served by the eligible
institution, including differences in
unemployment rates and job losses or gains in
particular industry sectors or occupations.
``(C) Notice and acknowledgment.--
``(i) Notice.--The Secretary shall provide
each eligible institution with a written
notification that sets forth the levels of
performance that will apply to the eligible
partnership on the indicators as determined
under subparagraph (B).
``(ii) Acknowledgment.--After receiving the
notification described in clause (i), each
eligible institution shall submit to the
Secretary written confirmation that the
eligible institution--
``(I) received the notification;
and
``(II) agrees that the eligible
partnership shall be evaluated in
accordance with the levels of
performance determined by the
Secretary.
``(3) Performance reviews.--On an annual basis during each
year of the grant period, the Secretary shall evaluate the
performance on the indicators of performance during such year
of the eligible partnership of each eligible institution
receiving a grant under this section in a manner consistent
with the levels of performance determined for such partnership
pursuant to paragraph (2).
``(4) Failure to meet performance levels.--After conducting
an evaluation under paragraph (3), if the Secretary determines
that an eligible partnership did not achieve the levels of
performance applicable to the eligible partnership under
paragraph (2), the Secretary shall--
``(A) provide technical assistance to the eligible
partnership; and
``(B) develop a performance improvement plan for
the eligible partnership.
``(g) Evaluations and Reports.--
``(1) In general.--Not later than 4 years after the date on
which the first grant is awarded under this section, the
Secretary shall design and conduct an evaluation to determine
the overall effectiveness of the eligible partnerships of
eligible institutions receiving grants under this section.
``(2) Elements.--The evaluation of the effectiveness of
eligible partnerships conducted under paragraph (1) shall
include an assessment of the general effectiveness of programs
and activities supported by the grants awarded to the
corresponding eligible institutions under this section,
including the extent to which the eligible partnerships,
through the programs and activities--
``(A) developed new, or expanded existing,
successful industry sector or occupation strategies,
including the extent to which such eligible
partnerships deepened employer engagement in workforce
development programs, and developed such programs that
met industry skill needs;
``(B) created, expanded, or enhanced career
pathways, including the extent to which the eligible
partnerships developed or improved provision of
competency-based assessment and education, credit for
prior learning, modularized and self-paced curricula,
integrated education and workforce development, dual
enrollment in secondary and postsecondary career
pathways, stacked and latticed credentials, and online
and distance learning;
``(C) created alignment between eligible
institutions and the workforce development system;
``(D) assisted individuals with finding, retaining,
or advancing in employment;
``(E) assisted individuals with earning recognized
postsecondary credentials; and
``(F) provided equal access to various demographic
groups, including people of different geographic
locations, ages, races, national origins, and sexes.
``(3) Design requirements.--The evaluation under this
subsection shall--
``(A) be designed by the Secretary (acting through
the Chief Evaluation Officer) in conjunction with the
eligible partnerships being evaluated;
``(B) include analysis of program participant
feedback and include outcome and process measures; and
``(C) use designs that employ the most rigorous
analytical and statistical methods that are reasonably
feasible, such as the use of control groups.
``(4) Data accessibility.--The Secretary shall make
available on a publicly accessible website of the Department of
Labor data collected as part of the evaluation under this
subsection. Such data shall be made available in an aggregated
format that does not reveal personally identifiable information
and that ensures compliance with relevant Federal laws,
including section 444 of the General Education Provisions Act
(20 U.S.C. 1232g), which shall be applied as if the programs
described in this section are applicable programs under that
section.
``(5) Publication and reporting of evaluation findings.--
The Secretary (acting through the Chief Evaluation Officer)
shall--
``(A) in accordance with the timeline determined to
be appropriate by the Chief Evaluation Officer, publish
an interim report on the preliminary results of the
evaluation conducted under this subsection;
``(B) not later than 60 days after the date on
which the evaluation is completed under this
subsection, submit to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate a report on such evaluation; and
``(C) not later than 90 days after such completion
date, publish and make the results of such evaluation
available on a publicly accessible website of the
Department of Labor.
``(h) Annual Reports.--The Secretary shall make available on a
publicly accessible website of the Department of Labor, in transparent,
linked, open, and interoperable data formats, information on each of
the following:
``(1) The performance of eligible partnerships on the
indicators of performance set forth under subparagraphs (A),
(B), and (C) of subsection (f)(1).
``(2) The number of individuals enrolled in workforce
development programs funded with a grant under this section.
``(i) Supplement Not Supplant.--Funds made available to carry out
this section shall be used to supplement, and not supplant, other
Federal, State, and local public funds made available for carrying out
the activities described in this section.
``(j) Definitions.--In this section:
``(1) Community college.--The term `community college'
means--
``(A) a public institution of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))), at which--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree;
``(B) a branch campus of a 4-year public
institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), if, at such branch campus--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree;
``(C) a 2-year Tribal College or University (as
defined in section 316(b)(3) of the Higher Education
Act of 1965 (20 U.S.C. 1059c(b)(3))); or
``(D) a degree-granting Tribal College or
University (as defined in section 316(b)(3) of the
Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)))
at which--
``(i) the highest degree awarded is an
associate degree; or
``(ii) an associate degree is the most
frequently awarded degree.
``(2) Eligible institution.--The term `eligible
institution' means--
``(A) a community college;
``(B) a postsecondary vocational institution (as
defined in section 102(c) of the Higher Education Act
of 1965 (20 U.S.C. 1002(c))); or
``(C) a consortium of such colleges or
institutions.''.
SEC. 3. TABLE OF CONTENTS.
The table of contents in section 1(b) of the Workforce Innovation
and Opportunity Act is amended by striking the item relating to section
172 and inserting the following:
``Sec. 172. Strengthening community colleges workforce development
grants program.
``Sec. 173. Authorization of appropriations.''.
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