[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.''.
                                 <all>