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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4139 Introduced in Senate (IS)]

<DOC>

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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