[Congressional Record Volume 157, Number 30 (Wednesday, March 2, 2011)]
[Senate]
[Page S1142]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. RISCH (for himself, Mr. Coburn, Mr. DeMint, Mr. Lee, and 
        Mr. Johnson of Wisconsin):
  S. 460. A bill to prohibit the Secretary of Education from 
promulgating or enforcing regulations or guidance regarding gainful 
employment; to the Committee on Health, Education, Labor, and Pensions.
  Mr. RISCH. Mr. President, I am pleased to be joined by my colleagues, 
Senators Coburn, DeMint, Johnson and Lee, in introducing the Education 
for All Act. This important piece of legislation would preserve 
educational and economic opportunities for all Americans.
  The U.S. Department of Education is proposing new ``gainful 
employment'' rules that would deny federal financial aid to students 
who attend proprietary colleges and vocational certificate programs. 
These rules would disqualify students from receiving federal education 
loans if their chosen programs do not meet a complex formula comparing 
student debt to future earning potential. Why should students be 
discouraged from attending a school they want or a profession they 
chose because of Washington bureaucrats?
  The bill I am introducing today would prohibit these regulations from 
going into effect.
  The ``gainful employment'' rules could deny hundreds of thousands of 
students access to the training and skills development they need to 
secure a job in today's troubled economy. There is high demand in some 
sectors for highly skilled workers and propriety schools are uniquely 
qualified to meet the training needs of these employers. It is simply 
irresponsible for the government to throw roadblocks in front of 
students and institutions at a time when job creation in America should 
be the administration's number one priority.
  Further, the ``gainful employment'' rules will disproportionately 
harm low-income and minority students. These students often depend more 
heavily on education loans regardless of the type of institution they 
attend and take longer to repay.
  The rules would also significantly impact health care programs. 
Nearly half of all health care workers are trained at proprietary 
schools. With an aging baby boom population, demand for trained health 
care providers is already critical and will only get worse. President 
Obama's health care law adds to this burden as well. We ought to be 
expanding educational capacity for health care workers, not enacting 
regulations that threaten access.
  In short, this legislation will preserve educational and economic 
opportunities for all Americans. I urge all of my colleagues to support 
this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 460

       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 ``Education for All Act of 
     2011''.

     SEC. 2. GAINFUL EMPLOYMENT.

       Notwithstanding any other provision of law, the Secretary 
     of Education may not use any Federal funds to--
       (1) implement, administer, or enforce the final regulations 
     on ``Program Integrity: Gainful Employment--New Programs'' 
     published by the Department of Education in the Federal 
     Register on October 29, 2010 (75 Fed. Reg. 66665 et seq.);
       (2) issue a final rule or otherwise implement the proposed 
     rule on ``Program Integrity: Gainful Employment'' published 
     by the Department of Education on July 26, 2010 (75 Fed. Reg. 
     43616 et seq.);
       (3) implement, administer, or enforce section 668.6 of 
     title 34, Code of Federal Regulations, (relating to gainful 
     employment), as amended by the final regulations published by 
     the Department of Education in the Federal Register on 
     October 29, 2010 (75 Fed Reg. 66832 et seq.); or
       (4) promulgate or enforce any new regulation or rule with 
     respect to the definition or application of the term 
     ``gainful employment'' under the Higher Education Act of 1965 
     on or after the date of enactment of this Act.
                                 ______