Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB2442 Compare Versions

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11 II
22 118THCONGRESS
33 1
44 STSESSION S. 2442
55 To amend the Higher Education Act of 1965 to extend Federal Pell Grant
66 eligibility to certain short-term workforce programs.
77 IN THE SENATE OF THE UNITED STATES
88 JULY20, 2023
99 Mr. B
1010 UDD(for himself and Mr. SCOTTof Florida) introduced the following
1111 bill; which was read twice and referred to the Committee on Health, Edu-
1212 cation, Labor, and Pensions
1313 A BILL
1414 To amend the Higher Education Act of 1965 to extend
1515 Federal Pell Grant eligibility to certain short-term work-
1616 force programs.
1717 Be it enacted by the Senate and House of Representa-1
1818 tives of the United States of America in Congress assembled, 2
1919 SECTION 1. SHORT TITLE. 3
2020 This Act may be cited as the ‘‘Promoting Employ-4
2121 ment and Lifelong Learning Act’’ or the ‘‘PELL Act’’. 5
2222 SEC. 2. PROGRAM ELIGIBILITY FOR WORKFORCE PELL 6
2323 GRANTS. 7
2424 Section 481(b) of the Higher Education Act of 1965 8
2525 (20 U.S.C. 1088(b)) is amended— 9
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2929 (1) by redesignating paragraphs (3) and (4) as 1
3030 paragraphs (4) and (5), respectively; and 2
3131 (2) by inserting after paragraph (2) the fol-3
3232 lowing: 4
3333 ‘‘(3)(A) A program is an eligible program for 5
3434 purposes of the Workforce Pell Grants program 6
3535 under section 401(k) only, if— 7
3636 ‘‘(i) it leads to a recognized educational 8
3737 credential at an institution of higher education, 9
3838 which may include a recognized postsecondary 10
3939 credential, as defined in section 3 of the Work-11
4040 force Innovation and Opportunity Act; 12
4141 ‘‘(ii) it is at least 150 clock hours of in-13
4242 struction, but not more than 600 clock hours of 14
4343 instruction, or an equivalent number of credit 15
4444 hours, offered during a minimum of 8 weeks, 16
4545 but not more than 15 weeks; 17
4646 ‘‘(iii) it is determined by an accrediting 18
4747 agency or association recognized by the Sec-19
4848 retary pursuant to section 496(a) to— 20
4949 ‘‘(I) provide an education aligned with 21
5050 the requirements of in-demand industry 22
5151 sectors or occupations, as defined in sec-23
5252 tion 3 of the Workforce Innovation and 24
5353 Opportunity Act; 25
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5757 ‘‘(II) meet the hiring requirements of 1
5858 potential employers in the sectors or occu-2
5959 pations described in subclause (I); 3
6060 ‘‘(III) have been offered by an institu-4
6161 tion for not less than 1 year prior to a de-5
6262 termination by such agency or association 6
6363 under this paragraph; 7
6464 ‘‘(IV) have a verified completion rate 8
6565 of at least 70 percent, calculated so as to 9
6666 ensure that a student shall be counted as 10
6767 a completion if the student completes the 11
6868 program within 150 percent of the normal 12
6969 time for completion; and 13
7070 ‘‘(V) have verified a job placement 14
7171 rate of at least 70 percent; and 15
7272 ‘‘(iv) for each award year, the total amount 16
7373 of the published tuition and fees of the program 17
7474 for such year is an amount that does not exceed 18
7575 the value-added earnings of students who re-19
7676 ceived Federal financial aid under this title and 20
7777 who completed the program 3 years prior to the 21
7878 award year, as such earnings are determined by 22
7979 calculating the difference between— 23
8080 ‘‘(I) the median earnings of such stu-24
8181 dents, as adjusted by the State and metro-25
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8585 politan area regional price parities of the 1
8686 Bureau of Economic Analysis based on the 2
8787 location of such program; and 3
8888 ‘‘(II) 150 percent of the poverty line 4
8989 applicable to a single individual as deter-5
9090 mined under section 673(2) of the Commu-6
9191 nity Services Block Grant Act (42 U.S.C. 7
9292 9902(2)) for such year. 8
9393 ‘‘(B)(i) In the case of a program that has not 9
9494 previously participated in programs under this title 10
9595 and is being determined eligible for the first time 11
9696 under this paragraph, the Secretary may consider 12
9797 such program to be an eligible program for purposes 13
9898 of the Workforce Pell Grants program under section 14
9999 401(k) for a provisional eligibility period that may 15
100100 not exceed 3 years, if such program— 16
101101 ‘‘(I) subject to subclause (II), meets the 17
102102 requirements of subparagraph (A); and 18
103103 ‘‘(II) in lieu of the determination of me-19
104104 dian earnings under subclause (I) of subpara-20
105105 graph (A)(iv), provides to the Secretary for pur-21
106106 poses of meeting the requirements of subpara-22
107107 graph (A)(iv), alternate earnings of students 23
108108 who complete the program, which are statis-24
109109 tically rigorous, accurate, comparable, and rep-25
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113113 resentative of students who complete such pro-1
114114 gram. 2
115115 ‘‘(ii) In a case in which the Secretary deter-3
116116 mines that a program provided inaccurate earnings 4
117117 data under clause (i)(II) for purposes of receiving 5
118118 provisional eligibility under clause (i), such program 6
119119 shall return to the Secretary any funds received 7
120120 under this title during the period beginning on first 8
121121 date of the provisional eligibility period and ending 9
122122 on the date of determination under this clause. 10
123123 ‘‘(C) The Secretary shall establish an appeals 11
124124 process to permit eligible programs for purposes of 12
125125 the Workforce Pell Grants program under section 13
126126 401(k) to submit alternate earnings data to comply 14
127127 with subparagraph (A)(iv), provided that such data 15
128128 are statistically rigorous, accurate, comparable, and 16
129129 representative of students who receive a Workforce 17
130130 Pell Grant and complete the eligible program.’’. 18
131131 SEC. 3. DATA COLLECTION AND DISSEMINATION RELATED 19
132132 TO WORKFORCE PELL. 20
133133 Section 131 of the Higher Education Act of 1965 (20 21
134134 U.S.C. 1015) is amended by adding at the end the fol-22
135135 lowing: 23
136136 ‘‘(i) D
137137 ATACOLLECTION AND DISSEMINATIONRE-24
138138 LATED TOWORKFORCEPELL.— 25
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142142 ‘‘(1) IN GENERAL.—The Secretary shall, on an 1
143143 annual basis, collect, verify, and make publicly avail-2
144144 able on the College Scorecard or any similar suc-3
145145 cessor website, the information required under 4
146146 clause (ii), subclauses (IV) and (V) of clause (iii), 5
147147 and clause (iv) of subsection (b)(3)(A) of section 6
148148 481, with respect to each eligible program that 7
149149 meets the requirements of section 481(b)(3), includ-8
150150 ing— 9
151151 ‘‘(A) the length of the program (as meas-10
152152 ured in clock hours, credit hours, or weeks); 11
153153 ‘‘(B) the number of students enrolled in 12
154154 the eligible program during the most recent 13
155155 academic year for which data is available; 14
156156 ‘‘(C) the percentage of students who enroll 15
157157 in the eligible program and who complete the 16
158158 eligible program within— 17
159159 ‘‘(i) 150 percent of the normal time 18
160160 for completion of such program; and 19
161161 ‘‘(ii) 200 percent of the normal time 20
162162 for completion of such program; 21
163163 ‘‘(D) the percentage of students who are 22
164164 employed not later than 180 days after com-23
165165 pleting the eligible program; and 24
166166 ‘‘(E) the percentage of individuals— 25
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170170 ‘‘(i) who have completed such eligible 1
171171 program; and 2
172172 ‘‘(ii) 3 years after such completion, 3
173173 whose median earnings exceed 150 percent 4
174174 of the poverty line applicable to a single in-5
175175 dividual, as determined under section 6
176176 673(2) of the Community Services Block 7
177177 Grant Act (42 U.S.C. 9902(2)). 8
178178 ‘‘(2) E
179179 XCEPTIONS.—Notwithstanding any other 9
180180 provision of this subsection, if disclosure of any data 10
181181 under paragraph (1) is prohibited under State or 11
182182 Federal privacy laws or regulations, the Secretary 12
183183 shall take such steps as the Secretary determines 13
184184 necessary to make publicly available such data in ac-14
185185 cordance with such laws and regulations.’’. 15
186186 SEC. 4. WORKFORCE PELL GRANTS. 16
187187 (a) I
188188 NGENERAL.—Section 401 of the Higher Edu-17
189189 cation Act of 1965 (20 U.S.C. 1070a), as amended by sec-18
190190 tion 703 of the FAFSA Simplification Act (title VII of 19
191191 division FF of Public Law 116–260), is amended by add-20
192192 ing at the end the following: 21
193193 ‘‘(k) W
194194 ORKFORCEPELLGRANTSPROGRAM.— 22
195195 ‘‘(1) I
196196 N GENERAL.—For the award year begin-23
197197 ning on July 1, 2024, and each subsequent award 24
198198 year, the Secretary shall award grants (referred to 25
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202202 as a ‘Workforce Pell Grants’) to eligible students 1
203203 under paragraph (2) in accordance with this sub-2
204204 section. 3
205205 ‘‘(2) E
206206 LIGIBLE STUDENTS.—For award year 4
207207 2024–2025 and each succeeding award year, to be 5
208208 eligible to receive a Workforce Pell Grant under this 6
209209 subsection for any period of enrollment, a student 7
210210 shall meet the eligibility requirements for a Federal 8
211211 Pell Grant under this section, except that the stu-9
212212 dent— 10
213213 ‘‘(A) shall be enrolled, or accepted for en-11
214214 rollment, in an eligible program— 12
215215 ‘‘(i) that leads to a recognized edu-13
216216 cational credential at an institution of 14
217217 higher education, which may include a rec-15
218218 ognized postsecondary credential, as de-16
219219 fined in section 3 of the Workforce Innova-17
220220 tion and Opportunity Act; and 18
221221 ‘‘(ii) that meets the other require-19
222222 ments described in section 481(b)(3); and 20
223223 ‘‘(B) may not have received a 21
224224 postbaccalaureate degree. 22
225225 ‘‘(3) T
226226 ERMS AND CONDITIONS OF AWARDS .— 23
227227 The Secretary shall award Workforce Pell Grants 24
228228 under this subsection in the same manner and with 25
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232232 the same terms and conditions as the Secretary 1
233233 awards Federal Pell Grants under subsection (b), ex-2
234234 cept that a student who is eligible for a grant equal 3
235235 to less than the amount of the minimum Federal 4
236236 Pell Grant because the eligible workforce develop-5
237237 ment program in which the student is enrolled or ac-6
238238 cepted for enrollment is less than an academic year 7
239239 (in hours of instruction or weeks of duration) may 8
240240 still be eligible for a Workforce Pell Grant. 9
241241 ‘‘(4) P
242242 REVENTION OF DOUBLE BENEFITS .—No 10
243243 eligible student described in paragraph (2) may, for 11
244244 the same period of enrollment, receive both a grant 12
245245 under this subsection and a Federal Pell Grant 13
246246 under subsection (b).’’. 14
247247 (b) E
248248 FFECTIVEDATE.—The amendment made by 15
249249 subsection (a) shall take effect as if included in section 16
250250 703 of the FAFSA Simplification Act (title VII of division 17
251251 FF of Public Law 116–260; 134 Stat. 3191) and in ac-18
252252 cordance with section 701(b) of such Act. 19
253253 SEC. 5. ACCREDITING AGENCY DETERMINATION OF ELIGI-20
254254 BILITY REQUIREMENTS FOR THE WORK-21
255255 FORCE PELL GRANTS PROGRAM. 22
256256 (a) I
257257 NGENERAL.—Section 496(a)(4) of the Higher 23
258258 Education Act of 1965 (20 U.S.C. 1099b(a)(4)) is amend-24
259259 ed— 25
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263263 (1) in subparagraph (A), by striking ‘‘and’’ at 1
264264 the end; 2
265265 (2) in subparagraph (B)(ii), by inserting ‘‘and’’ 3
266266 at the end; and 4
267267 (3) by adding at the end the following: 5
268268 ‘‘(C) if such agency or association has or seeks 6
269269 to include within its scope of recognition the evalua-7
270270 tion of the quality of institutions offering an eligible 8
271271 program for purposes of the Workforce Pell Grants 9
272272 program (in accordance with section 481(b)(3)), 10
273273 such agency or association shall, in addition to meet-11
274274 ing the other requirements of this subpart, dem-12
275275 onstrate to the Secretary that, with respect to such 13
276276 eligible programs— 14
277277 ‘‘(i) the agency’s or association’s standards 15
278278 include a process for determining if the institu-16
279279 tion has the capability to effectively offer such 17
280280 an eligible program; and 18
281281 ‘‘(ii) the agency or association requires a 19
282282 demonstration that the program— 20
283283 ‘‘(I) satisfies the requirements of sub-21
284284 paragraph (A)(iii) of section 481(b)(3); 22
285285 and 23
286286 ‘‘(II) provides academic content, an 24
287287 amount of instructional time, and com-25
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291291 petencies to satisfy any applicable edu-1
292292 cational requirement so that a student who 2
293293 completes the program and seeks employ-3
294294 ment is qualified to practice or work in the 4
295295 sectors or occupations that the program 5
296296 prepares students to enter;’’. 6
297297 (b) A
298298 DDITIONALNACIQI REVIEWMEETINGS.—For 7
299299 the purpose of preparing for the implementation of the 8
300300 Workforce Pell Grant program under section 401(k) of the 9
301301 Higher Education Act of 1965 (as added by section 4), 10
302302 in addition to the meetings required under section 11
303303 114(d)(1) of the Higher Education Act of 1965 (20 12
304304 U.S.C. 1011c(d)(1)), the National Advisory Committee on 13
305305 Institutional Quality and Integrity (as established by such 14
306306 section 114) shall, through 2025, hold meetings to evalu-15
307307 ate the additions to the scope of recognition of accrediting 16
308308 agencies and associations with respect to an eligible pro-17
309309 gram for purposes of the Workforce Pell Grants program 18
310310 (in accordance with section 481(b)(3) of the Higher Edu-19
311311 cation Act of 1965, as added by section 2). 20
312312 (c) I
313313 NTERIMACCREDITATIONAUTHORITY.— 21
314314 (1) N
315315 OTIFICATION.—Beginning on the date of 22
316316 enactment of this Act, a qualified accrediting agency 23
317317 or association which seeks to include within its scope 24
318318 of recognition the evaluation of the quality of insti-25
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322322 tutions offering eligible programs for the purposes of 1
323323 the Workforce Pell Grants program, may include 2
324324 within its scope of recognition the evaluation of such 3
325325 institutions if the accrediting agency or associa-4
326326 tion— 5
327327 (A) submits to the Secretary a notification 6
328328 of the agency’s or association’s intent to add 7
329329 the evaluation of such institutions to its scope 8
330330 of recognition; and 9
331331 (B) includes with such notification an ex-10
332332 planation of how the agency or association in-11
333333 tends to meet the criteria under section 12
334334 496(a)(4)(C) of the Higher Education Act of 13
335335 1965 (as added by subsection (a)) with respect 14
336336 to the evaluation of institutions for purposes of 15
337337 the Workforce Pell Grants program. 16
338338 (2) R
339339 EVIEW OF SCOPE OF CHANGES .—Upon re-17
340340 ceipt of a notification from an accrediting agency or 18
341341 association under paragraph (1), the Secretary shall 19
342342 direct the National Advisory Committee on Institu-20
343343 tional Quality and Integrity (as established by sec-21
344344 tion 114 of the Higher Education Act of 1965 (20 22
345345 U.S.C. 1011c)) to evaluate, at the next available 23
346346 meeting of such Committee, the addition to the 24
347347 scope of recognition of the agency or association and 25
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351351 to advise the Secretary with respect to whether the 1
352352 agency or association meets the criteria under sec-2
353353 tion 496(a)(4)(C) of the Higher Education Act of 3
354354 1965 (as added by subsection (a)). 4
355355 (3) T
356356 ERMINATION OF INTERIM AUTHORITY .— 5
357357 The interim authority under this subsection for an 6
358358 agency or association to include within its scope of 7
359359 recognition the evaluation of the quality of institu-8
360360 tions offering eligible programs for the purposes of 9
361361 the Workforce Pell Grants program shall terminate 10
362362 on the earlier of— 11
363363 (A) the date that is 5 years after the date 12
364364 of enactment of this Act; or 13
365365 (B) the date on which the Secretary deter-14
366366 mines whether such agency or association meets 15
367367 the criteria under section 496(a)(4)(C) of the 16
368368 Higher Education Act of 1965 (as added by 17
369369 subsection (a)). 18
370370 (4) D
371371 EFINITIONS.—In this subsection: 19
372372 (A) The term ‘‘qualified accrediting agency 20
373373 or association’’ means an accrediting agency or 21
374374 association recognized by the Secretary under 22
375375 section 496 of the Higher Education Act of 23
376376 1965 (20 U.S.C. 1099b) that seeks, for the 24
377377 first time, to add to its scope of recognition the 25
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381381 evaluation of the quality of institutions offering 1
382382 an eligible program for purposes of the Work-2
383383 force Pell Grants program. 3
384384 (B) The term ‘‘Workforce Pell Grants pro-4
385385 gram’’ means the Workforce Pell Grant pro-5
386386 gram under section 401(k) of the Higher Edu-6
387387 cation Act of 1965 (as added by section 4). 7
388388 SEC. 6. ORDERLY IMPLEMENTATION OF WORKFORCE PELL 8
389389 GRANT PROGRAM. 9
390390 The Secretary of Education shall have the authority 10
391391 to take such steps as are necessary before July 1, 2024, 11
392392 to provide for the orderly implementation on such date of 12
393393 the amendments to the Higher Education Act of 1965 13
394394 made by this Act. 14
395395 Æ
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