[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 864 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 864

    To extend Federal Pell Grant eligibility of certain short-term 
                               programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2021

 Mr. Kaine (for himself, Mr. Portman, Ms. Baldwin, Mr. Blumenthal, Mr. 
Blunt, Mr. Braun, Mr. Brown, Mrs. Capito, Mr. Cardin, Ms. Collins, Mr. 
   Coons, Mr. Cramer, Ms. Duckworth, Ms. Ernst, Mrs. Feinstein, Mrs. 
Gillibrand, Ms. Hassan, Mr. Hoeven, Mr. Kelly, Mr. King, Ms. Klobuchar, 
   Mr. Marshall, Mr. Moran, Mrs. Shaheen, Ms. Sinema, Ms. Smith, Ms. 
  Stabenow, Mr. Wicker, Mr. Sullivan, and Mr. Inhofe) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To extend Federal Pell Grant eligibility of certain short-term 
                               programs.

    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``Jumpstart Our Businesses by 
Supporting Students Act of 2021'' or the ``JOBS Act of 2021''.

SEC. 2. EXTENDING FEDERAL PELL GRANT ELIGIBILITY OF CERTAIN SHORT-TERM 
              PROGRAMS.

    (a) In General.--
            (1) Prior to fafsa simplification.--Section 401 of the 
        Higher Education Act of 1965 (20 U.S.C. 1070a) is amended by 
        inserting after subsection (j) the following:
    ``(k) Job Training Federal Pell Grant Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible career pathway program.--The term 
                `eligible career pathway program' means a program 
                that--
                            ``(i) meets the requirements of section 
                        484(d)(2);
                            ``(ii) is listed on the provider list under 
                        section 122(d) of the Workforce Innovation and 
                        Opportunity Act;
                            ``(iii) is part of a career pathway, as 
                        defined in section 3 of that Act; and
                            ``(iv) is aligned to a program of study as 
                        defined in section 3 of the Carl D. Perkins 
                        Career and Technical Education Act of 2006.
                    ``(B) Eligible job training program.--
                            ``(i) In general.--The term `eligible job 
                        training program' means a career and technical 
                        education program at an institution of higher 
                        education that--
                                    ``(I) provides not less than 150, 
                                and not more than 600, clock hours of 
                                instructional time over a period of not 
                                less than 8 weeks and not more than 15 
                                weeks;
                                    ``(II) provides training aligned 
                                with the requirements of high-skill, 
                                high-wage, or in-demand industry 
                                sectors or occupations in the State or 
                                local area, as determined by an 
                                industry or sector partnership;
                                    ``(III) is a program of training 
                                services, and provided through an 
                                eligible training provider, as 
                                described under section 122(d) of the 
                                Workforce Innovation and Opportunity 
                                Act;
                                    ``(IV) provides a student, upon 
                                completion of the program, with a 
                                recognized postsecondary credential 
                                that is recognized by employers in the 
                                relevant industry, including 
                                credentials recognized by industry or 
                                sector partnerships in the relevant 
                                industry in the State or local area 
                                where the industry is located and the 
                                job training program is provided;
                                    ``(V) has been determined by the 
                                institution of higher education (after 
                                validation of that determination by an 
                                industry or sector partnership) to 
                                provide academic content, an amount of 
                                instructional time, and a recognized 
                                postsecondary credential that are 
                                sufficient to--
                                            ``(aa) meet the hiring 
                                        requirements of potential 
                                        employers; and
                                            ``(bb) satisfy any 
                                        applicable educational 
                                        prerequisite requirement for 
                                        professional licensure or 
                                        certification, so that the 
                                        student who completes the 
                                        program and seeks employment 
                                        qualifies to take any licensure 
                                        or certification examination 
                                        needed to practice or find 
                                        employment in an occupation 
                                        that the program prepares 
                                        students to enter;
                                    ``(VI) may include integrated 
                                education and training;
                                    ``(VII) may be offered as part of 
                                an eligible career pathway program;
                                    ``(VIII) does not exceed by more 
                                than 50 percent the minimum number of 
                                clock hours required for training if 
                                the State has established such a 
                                requirement; and
                                    ``(IX) shall include institutional 
                                credit articulation for a student 
                                enrolled in a noncredit job training 
                                program.
                            ``(ii) Approval by the secretary.--In the 
                        case of a program that is seeking to establish 
                        eligibility as an eligible job training program 
                        under this subparagraph, the Secretary shall 
                        make a determination about whether the program 
                        meets the requirements of this subparagraph not 
                        more than 60 days after the date on which such 
                        program is submitted for consideration as an 
                        eligible job training program.
                            ``(iii) Additional assurance.--The 
                        Secretary shall not determine that a program is 
                        an eligible job training program in accordance 
                        with clause (ii) unless the Secretary receives 
                        a certification from the appropriate State 
                        board containing an assurance that the program 
                        meets the requirements of clause (i).
                    ``(C) Institution of higher education.--The term 
                `institution of higher education' means--
                            ``(i) an institution of higher education, 
                        as defined in section 101; or
                            ``(ii) a postsecondary vocational 
                        institution, as defined in section 102(c).
                    ``(D) Institutional credit articulation.--The term 
                `institutional credit articulation' means an 
                institution of higher education provides a student who 
                has completed a noncredit program with the equivalent 
                academic credit that may be applied to a subsequent 
                credit-bearing certificate or degree program upon 
                enrollment in such program at such institution.
                    ``(E) WIOA definitions.--The terms `industry or 
                sector partnership', `in-demand industry sector or 
                occupation', `recognized postsecondary credential', and 
                `State board' have the meanings given such terms in 
                section 3 of the Workforce Innovation and Opportunity 
                Act.
            ``(2) In general.--For the award year beginning on July 1, 
        2021, and each subsequent award year, the Secretary shall carry 
        out a program through which the Secretary shall award Federal 
        Pell Grants to students in eligible job training programs 
        (referred to as a `job training Federal Pell Grant'). Each 
        eligible job training Federal Pell Grant awarded under this 
        subsection shall have the same terms and conditions, and be 
        awarded in the same manner, as other Federal Pell Grants 
        awarded under subsection (a), except as follows:
                    ``(A) A student who is eligible to receive a job 
                training Federal Pell Grant under this subsection is a 
                student who--
                            ``(i) has not yet attained a 
                        postbaccalaureate degree;
                            ``(ii) attends an institution of higher 
                        education;
                            ``(iii) is enrolled, or accepted for 
                        enrollment, in an eligible job training program 
                        at such institution of higher education; and
                            ``(iv) meets all other eligibility 
                        requirements for a Federal Pell Grant (except 
                        with respect to the type of program of study, 
                        as provided in clause (iii)).
                    ``(B) The amount of a job training Federal Pell 
                Grant for an eligible student shall be determined under 
                subsection (b), except that subsection (b)(4) shall not 
                apply.
            ``(3) Inclusion in total eligibility period.--Any period 
        during which a student receives a job training Federal Pell 
        Grant under this subsection shall be included in calculating 
        the student's period of eligibility for Federal Pell Grants 
        under subsection (c), and the eligibility requirements 
        regarding students who are enrolled in an undergraduate program 
        on less than a full-time basis shall similarly apply to 
        students who are enrolled in an eligible job training program 
        at an eligible institution on less than a full-time basis.''.
            (2) After fafsa simplification act.--Section 401 of the 
        Higher Education Act of 1965 (20 U.S.C. 1070a), as amended by 
        section 703 of the FAFSA Simplification Act (title VII of 
        division FF of Public Law 116-260), is further amended by 
        adding at the end the following:
    ``(k) Job Training Federal Pell Grant Program.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible career pathway program.--The term 
                `eligible career pathway program' means a program 
                that--
                            ``(i) meets the requirements of section 
                        484(d)(2);
                            ``(ii) is listed on the provider list under 
                        section 122(d) of the Workforce Innovation and 
                        Opportunity Act;
                            ``(iii) is part of a career pathway, as 
                        defined in section 3 of that Act; and
                            ``(iv) is aligned to a program of study as 
                        defined in section 3 of the Carl D. Perkins 
                        Career and Technical Education Act of 2006.
                    ``(B) Eligible job training program.--
                            ``(i) In general.--The term `eligible job 
                        training program' means a career and technical 
                        education program at an institution of higher 
                        education that--
                                    ``(I) provides not less than 150, 
                                and not more than 600, clock hours of 
                                instructional time over a period of not 
                                less than 8 weeks and not more than 15 
                                weeks;
                                    ``(II) provides training aligned 
                                with the requirements of high-skill, 
                                high-wage, or in-demand industry 
                                sectors or occupations in the State or 
                                local area, as determined by an 
                                industry or sector partnership;
                                    ``(III) is a program of training 
                                services, and provided through an 
                                eligible training provider, as 
                                described under section 122(d) of the 
                                Workforce Innovation and Opportunity 
                                Act;
                                    ``(IV) provides a student, upon 
                                completion of the program, with a 
                                recognized postsecondary credential 
                                that is recognized by employers in the 
                                relevant industry, including 
                                credentials recognized by industry or 
                                sector partnerships in the relevant 
                                industry in the State or local area 
                                where the industry is located and the 
                                job training program is provided;
                                    ``(V) has been determined by the 
                                institution of higher education (after 
                                validation of that determination by an 
                                industry or sector partnership) to 
                                provide academic content, an amount of 
                                instructional time, and a recognized 
                                postsecondary credential that are 
                                sufficient to--
                                            ``(aa) meet the hiring 
                                        requirements of potential 
                                        employers; and
                                            ``(bb) satisfy any 
                                        applicable educational 
                                        prerequisite requirement for 
                                        professional licensure or 
                                        certification, so that the 
                                        student who completes the 
                                        program and seeks employment 
                                        qualifies to take any licensure 
                                        or certification examination 
                                        needed to practice or find 
                                        employment in an occupation 
                                        that the program prepares 
                                        students to enter;
                                    ``(VI) may include integrated 
                                education and training;
                                    ``(VII) may be offered as part of 
                                an eligible career pathway program;
                                    ``(VIII) does not exceed by more 
                                than 50 percent the minimum number of 
                                clock hours required for training if 
                                the State has established such a 
                                requirement; and
                                    ``(IX) shall include institutional 
                                credit articulation for a student 
                                enrolled in a noncredit job training 
                                program.
                            ``(ii) Approval by the secretary.--In the 
                        case of a program that is seeking to establish 
                        eligibility as an eligible job training program 
                        under this subparagraph, the Secretary shall 
                        make a determination about whether the program 
                        meets the requirements of this subparagraph not 
                        more than 60 days after the date on which such 
                        program is submitted for consideration as an 
                        eligible job training program.
                            ``(iii) Additional assurance.--The 
                        Secretary shall not determine that a program is 
                        an eligible job training program in accordance 
                        with clause (ii) unless the Secretary receives 
                        a certification from the appropriate State 
                        board containing an assurance that the program 
                        meets the requirements of clause (i).
                    ``(C) Institution of higher education.--The term 
                `institution of higher education' means--
                            ``(i) an institution of higher education, 
                        as defined in section 101; or
                            ``(ii) a postsecondary vocational 
                        institution, as defined in section 102(c).
                    ``(D) Institutional credit articulation.--The term 
                `institutional credit articulation' means an 
                institution of higher education provides a student who 
                has completed a noncredit program with the equivalent 
                academic credit that may be applied to a subsequent 
                credit-bearing certificate or degree program upon 
                enrollment in such program at such institution.
                    ``(E) WIOA definitions.--The terms `industry or 
                sector partnership', `in-demand industry sector or 
                occupation', `recognized postsecondary credential', and 
                `State board' have the meanings given such terms in 
                section 3 of the Workforce Innovation and Opportunity 
                Act.
            ``(2) In general.--For the award year beginning on July 1, 
        2023, and each subsequent award year, the Secretary shall carry 
        out a program through which the Secretary shall award Federal 
        Pell Grants to students in eligible job training programs 
        (referred to as a `job training Federal Pell Grant'). Each 
        eligible job training Federal Pell Grant awarded under this 
        subsection shall have the same terms and conditions, and be 
        awarded in the same manner, as other Federal Pell Grants 
        awarded under subsection (b), except as follows:
                    ``(A) A student who is eligible to receive a job 
                training Federal Pell Grant under this subsection is a 
                student who--
                            ``(i) has not yet attained a 
                        postbaccalaureate degree;
                            ``(ii) attends an institution of higher 
                        education;
                            ``(iii) is enrolled, or accepted for 
                        enrollment, in an eligible job training program 
                        at such institution of higher education; and
                            ``(iv) meets all other eligibility 
                        requirements for a Federal Pell Grant (except 
                        with respect to the type of program of study, 
                        as provided in clause (iii)).
                    ``(B) The amount of a job training Federal Pell 
                Grant for an eligible student shall be determined under 
                subsection (b), except that notwithstanding subsection 
                (b)(1)(B) a student who is eligible for less than the 
                minimum Federal Pell Grant for an academic year in 
                which the student is enrolled in an eligible program 
                full time may still be eligible for a Federal Pell 
                Grant.
            ``(3) Inclusion in total eligibility period.--Any period 
        during which a student receives a job training Federal Pell 
        Grant under this subsection shall be included in calculating 
        the student's period of eligibility for Federal Pell Grants 
        under subsection (d), and the eligibility requirements 
        regarding students who are enrolled in an undergraduate program 
        on less than a full-time basis shall similarly apply to 
        students who are enrolled in an eligible job training program 
        at an eligible institution on less than a full-time basis.''.
            (3) Effective date.--The amendment made by paragraph (2) 
        shall take effect as if included in section 703 of the FAFSA 
        Simplification Act (title VII of division FF of Public Law 116-
        260) and subject to the effective date of section 701(b) of 
        such Act.
    (b) Accrediting Agency Recognition of Eligible Job Training 
Programs.--Section 496(a)(4) of the Higher Education Act of 1965 (20 
U.S.C. 1099b(a)(4)) is amended--
            (1) in subparagraph (A), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (B)(ii), by inserting ``and'' after the 
        semicolon; and
            (3) by adding at the end the following:
                    ``(C) if such agency or association has or seeks to 
                include within its scope of recognition the evaluation 
                of the quality of institutions of higher education 
                participating in the job training Federal Pell Grant 
                program under section 401(k), such agency or 
                association shall, in addition to meeting the other 
                requirements of this subpart, demonstrate to the 
                Secretary that, with respect to such eligible job 
                training programs (as defined in that subsection)--
                            ``(i) the agency or association's standards 
                        include a process for determining if the 
                        institution has the capability to effectively 
                        offer an eligible job training program; and
                            ``(ii) the agency or association requires a 
                        demonstration that the program--
                                    ``(I) has identified each 
                                recognized postsecondary credential 
                                offered and the corresponding industry 
                                or sector partnership that actively 
                                recognizes each credential in the 
                                relevant industry in the State or local 
                                area where the industry is located; and
                                    ``(II) provides the academic 
                                content and amount of instructional 
                                time that is sufficient to--
                                            ``(aa) meet the hiring 
                                        requirements of potential 
                                        employers; and
                                            ``(bb) satisfy any 
                                        applicable educational 
                                        prerequisites for professional 
                                        licensure or certification 
                                        requirements so that the 
                                        student who completes the 
                                        program and seeks employment 
                                        qualifies to take any licensure 
                                        or certification examination 
                                        that is needed to practice or 
                                        find employment in an 
                                        occupation that the program 
                                        prepares students to enter.''.
    (c) Interagency Data Sharing.--The Secretary of Education shall 
coordinate and enter into a data sharing agreement with the Secretary 
of Labor to ensure access to data related to indicators of performance 
collected under section 116 of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3141). Under such data sharing agreement, the 
Commissioner of the National Center for Education Statistics shall 
collect and review the contents of performance reports for eligible 
providers of training services described in section 116(d)(4) of that 
Act not less frequently than once each year.
    (d) Minimum Federal Pell Grant.--
            (1) In general.--Section 401(b)(4) of the Higher Education 
        Act of 1965 (20 U.S.C. 1070a(b)(4)) is amended by striking 
        ``ten percent'' and inserting ``5 percent''.
            (2) FAFSA simplification.--
                    (A) In general.--Section 401(a)(2)(F) of the Higher 
                Education Act of 1965 (20 U.S.C. 1070a(a)(2)(F)), as 
                amended by section 703 of the FAFSA Simplification Act 
                (title VII of division FF of Public Law 116-260), is 
                further amended by striking ``ten percent'' and 
                inserting ``5 percent''.
                    (B) Effective date.--The amendment made by this 
                paragraph shall take effect as if included in section 
                703 of the FAFSA Simplification Act (title VII of 
                division FF of Public Law 116-260) and subject to the 
                effective date of section 701(b) of such Act.
    (e) Effective Date.--Unless otherwise specified, this section, and 
the amendments made by this section, shall take effect on July 1, 2021.
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