I 
117TH CONGRESS 
1ST SESSION H. R. 4338 
To establish a fund to provide grants for the operation and expansion of 
evidence-based workforce development and post-secondary education pro-
grams and to support evaluations of these programs, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 1, 2021 
Ms. SHERRILL (for herself and Mr. MCKINLEY) introduced the following bill; 
which was referred to the Committee on Education and Labor 
A BILL 
To establish a fund to provide grants for the operation 
and expansion of evidence-based workforce development 
and post-secondary education programs and to support 
evaluations of these programs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Expanding Pathways 
to Employment Act’’. 
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SEC. 
2. 
WORKFORCE 
DEVELOPMENT 
AND 
POST-SEC-
ONDARY EDUCATION GRANT PROGRAM. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Board, shall make grants in accordance with this 
section to provide long-term funding commitments for eli-
gible workforce development programs and eligible post- 
secondary education programs as follows: 
(1) WORKFORCE
DEVELOPMENT
PROGRAMS 
SUPPORTED
BY
STRONG
EVIDENCE.—Of the total 
amount appropriated under section 6, the Secretary 
shall use 50 percent of such amount to make grants 
for eligible workforce development programs that 
have demonstrated a substantial, statistically signifi-
cant positive impact on worker earnings through one 
or more well-designed and well-implemented random-
ized control experimental studies. A grant awarded 
under this paragraph shall be used for the cost of 
operating and expanding such program, and may 
also be used, at the discretion of the grantee, for the 
cost of conducting a new randomized control experi-
mental study with respect to such program. 
(2) WORKFORCE
DEVELOPMENT
PROGRAMS 
SUPPORTED
BY
MODERATE
AND
PROMISING
EVI-
DENCE.—Of the total amount appropriated under 
section 6, the Secretary shall use 25 percent of such 
amount to make grants for eligible workforce devel-
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opment programs that have demonstrated a substan-
tial, statistically significant positive impact on work-
er earnings through one or more well-designed and 
well-implemented quasi-experimental studies or cor-
relational studies. A grant awarded under this para-
graph shall be used— 
(A) for the cost of conducting randomized 
control experimental studies with respect to 
such program; and 
(B) for the cost of operating and expand-
ing such program (but only if a grant under 
subclause (A) has been concurrently awarded 
for such program). 
(3) DISCRETIONARY
AMOUNT.—Of the total 
amount appropriated under section 6, the Secretary 
shall use 20 percent of such amount at the discre-
tion of the Secretary— 
(A) to make additional grants as described 
in paragraph (1); 
(B) to make additional grants as described 
in paragraph (2); and 
(C) to make grants for eligible post-sec-
ondary education programs that have dem-
onstrated a substantial, statistically significant 
positive impact on student graduation and de-
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gree completion through one or more well-de-
signed and well-implemented randomized con-
trol experimental studies, quasi-experimental 
studies, or correlational studies, to be used— 
(i) in the case of programs that have 
demonstrated such positive impact through 
one or more randomized control experi-
mental studies, for the cost of operating 
and expanding such program, and, at the 
discretion of the grantee, for the cost of 
conducting a new randomized control ex-
perimental study with respect to such pro-
gram; and 
(ii) in the case of programs that have 
demonstrated such positive impact through 
one or more quasi-experimental studies or 
correlational studies— 
(I) for the cost of conducting 
randomized control experimental stud-
ies with respect to such program; and 
(II) for the cost of operating and 
expanding such program (but only if a 
grant under subclause (I) has been 
concurrently awarded for such pro-
gram). 
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(4) TECHNICAL
ASSISTANCE.—Of the total 
amount appropriated under section 6, the Secretary 
shall use 5 percent— 
(A) to provide technical assistance for eli-
gible workforce development programs and eligi-
ble post-secondary education programs, includ-
ing technical assistance related to the use of ad-
ministrative data to improve program perform-
ance; 
(B) to conduct feasibility studies and other 
planning activities; 
(C) to disseminate best practices; and 
(D) for staff and other costs related to 
such activities. 
(b) ELIGIBLE APPLICANTS.—Applicants for a grant 
under subsection (a) may include— 
(1) State, local, territorial, or tribal govern-
ments, but only if the application includes one or 
more clearly designated nonprofit organizations, in-
stitutions of higher education, or post-secondary vo-
cational institutions that will implement the program 
using such grant funds; and 
(2) nonprofit organizations, institutions of high-
er education, or post-secondary vocational institu-
tions, but only if the application— 
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(A) is supported by a State, local, terri-
torial, or tribal government; and 
(B) includes a plan to partner with that 
government, a sustainability plan to ensure the 
program continues to be delivered after the end 
of the grant award, and a clearly designated 
place or places where the program will be ad-
ministered. 
(c) MATCHING REQUIREMENT.—The Secretary shall 
not award any grant under paragraph (1) or paragraph 
(3)(A) of subsection (a) to an entity unless the entity pro-
vides matching funds from Federal or non-Federal sources 
in an amount equal to not less than 50 percent of such 
grant, except that the Secretary may, at the request of 
an applicant or a grantee, grant a waiver reducing this 
requirement for the purposes of increasing the accessi-
bility or equity of the program design, or in the case of 
grants awarded to an eligible entity with limited resources. 
SEC. 3. AMOUNT OF GRANTS AND CRITERIA FOR AWARD-
ING GRANTS. 
(a) IN GENERAL.—The amount of a grant awarded 
for an eligible workforce development program or post-sec-
ondary education program under section 2 shall be deter-
mined by the Secretary, in consultation with the Board, 
based on the following: 
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(1) The program’s impact on participant earn-
ings or participant graduation and degree comple-
tion rates relative to costs (as determined under 
guidance issued pursuant to subsection (b)). 
(2) Whether the program was evaluated 
through a randomized control experimental study, a 
quasi-experimental study, or a correlational study, 
and the overall quality of the evidence behind the 
program, including the sample size and number of 
evaluations, the statistical quality of the evaluations, 
the magnitude of the impacts detected, and the 
strength of the causal connection between the pro-
gram and key economic outcomes measured. 
(3) The number of additional participants that 
the program expects to enroll as a result of receiving 
such grant. 
(4) Whether the program has been dem-
onstrated to improve equity, in particular for popu-
lations of individuals or communities (which may in-
clude rural communities) historically held furthest 
from opportunity. 
(b) IMPACT RELATIVE TO COSTS STANDARD.—The 
Board shall devise and publish a minimum impact relative 
to costs standard comparing the impact on worker earn-
ings or student graduation and degree completion rates 
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as a result of an eligible workforce development program 
or post-secondary education program and the annual cost 
per participant under such program. Such standard 
shall— 
(1) set forth a minimum required demonstrable 
increase in earnings or graduation and degree com-
pletion rates over time (based on previous evalua-
tions) per dollar of program cost per participant; 
and 
(2) allow for additional flexibility for programs 
that specifically or primarily serve individuals with 
barriers to employment (as defined in section 3(24) 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102(24)) or post-secondary education, 
individuals in communities that have historically or 
currently been underserved by workforce develop-
ment and post-secondary education programs, and 
individuals in rural areas. 
SEC. 4. INDEPENDENT BOARD. 
(a) ESTABLISHMENT OF INDEPENDENT BOARD.— 
There is established an independent board (in this Act re-
ferred to as the ‘‘Board’’) consisting of 5 members ap-
pointed by the Secretary in accordance with subsection (c). 
(b) DUTIES.—The Board shall review applications for 
grants under this Act and make recommendations to the 
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Secretary with respect to the awarding of such grants. The 
Board shall, in their recommendation to the Secretary re-
garding program selection, prioritize programs that have 
demonstrated a larger impact relative to costs (as deter-
mined under guidance issued pursuant to subsection (b)), 
that have been evaluated by more well-designed and well- 
implemented studies, and that have been evaluated by ran-
domized control experimental studies rather than quasi- 
experimental studies or correlational studies. The Board 
shall, in their recommendation to the Secretary regarding 
grant size, prioritize higher funding levels to programs 
that have demonstrated a larger impact relative to costs 
(as so determined), that have been evaluated by more well- 
designed and well-implemented studies, that have been 
evaluated by randomized control experimental studies 
rather than quasi-experimental studies or correlational 
studies, and that expect to enroll more participants as a 
result of receiving such grant. For the purposes of these 
recommendations, the Board shall devise a quality stand-
ard for evaluations to determine which evaluations are 
more well-designed and well-implemented compared to 
others. 
(c) APPOINTMENT.—The Secretary shall appoint in-
dividuals to serve on the Board who meet the qualifica-
tions described in subsection (d). In making such appoint-
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ments, the Secretary shall consult and receive rec-
ommendations from the Commission of Social Impact 
Partnerships established under section 2057 of the Social 
Security Act. 
(d) QUALIFICATIONS OF MEMBERS.—An individual 
who meets the qualifications described in this subsection 
is an individual who is an academic, nonprofit, or execu-
tive agency official with expertise in workforce develop-
ment programs or post-secondary education programs and 
experience in running rigorous evaluations. Such an indi-
vidual shall— 
(1) be an expert in program evaluation and evi-
dence-based policy, including evaluation methodolo-
gies that are appropriately rigorous and reliant upon 
independent data; 
(2) have relevant professional or personal expe-
rience in a field related to one or more of the out-
comes listed in this division; or 
(3) have relevant lived or professional experi-
ence with underserved communities and under- 
resourced families that this Act is intended to serve. 
(e) STAFFING.—In administering the program under 
this Act, the Secretary may hire such staff as necessary, 
including by using placement authorities under the Inter-
governmental Personnel Act of 1970, and any other direct 
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hire authorities available to the Secretary for any other 
purpose. In hiring staff to administer such program, the 
Secretary shall ensure that such staff meet the qualifica-
tions described in subsection (d). 
(f) REPORTS.—The Board shall report on progress 
periodically to the Federal Interagency Council on Social 
Impact Partnerships established under section 2056 of the 
Social Security Act, and shall coordinate policies and deci-
sions with relevance to other Federal agencies through 
such Council. 
(g) GUIDANCE.— 
(1) IN GENERAL.—The Board, in consultation 
with the Commission of Social Impact Partnerships 
established under section 2057 of the Social Security 
Act, shall develop and make publicly available guid-
ance regarding best practices for the evaluation of 
eligible workforce development programs and eligible 
post-secondary education programs to be used to as-
sess the quality of each evaluation as required under 
subsection (b). Such guidance shall seek to ensure 
that— 
(A) the evaluation accurately models a par-
ticipant group population that is representative 
of the overall population served by the program; 
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