[Congressional Record Volume 167, Number 92 (Wednesday, May 26, 2021)]
[Senate]
[Pages S3541-S3545]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2090. Mr. KAINE (for himself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Schumer to the bill S. 1260, to establish a new Directorate for
Technology and Innovation in the National Science Foundation, to
establish a regional technology hub program, to require a strategy and
report on economic security, science, research, innovation,
manufacturing, and job creation, to establish a critical supply chain
resiliency program, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle C of title I of division F, add the
following:
SEC. 6125. ELIMINATING SHORT-TERM EDUCATION LOAN PROGRAMS;
JOB TRAINING FEDERAL PELL GRANTS; TECHNICAL
CORRECTIONS.
(a) Eliminating Short-term Education Loan Programs.--
Section 481(b) of the Higher Education Act of 1965 (20 U.S.C.
1088(b)) is amended by adding at the end the following:
``(5) The Secretary shall eliminate the short-term
education loan program, as authorized under paragraph (2), on
the date that is 120 days after the date the Secretary
establishes the application for Job Training Federal Pell
Grants under section 401(k).''.
(b) Technical Corrections.--Section 481(d) of the Higher
Education Act of 1965 (20 U.S.C. 1088(d)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``under section
12301(a), 12301(g), 12302, 12304, or 12306 of title 10,
United States Code, or any retired member of an Armed Force
ordered to active duty under section 688 of such title,'' and
inserting ``, or any retired member of an Armed Force ordered
to active duty,''; and
(B) in subparagraph (B), by striking ``an Armed Force'' and
inserting ``a Uniformed Service''; and
(2) in paragraph (5), by striking ``and supported by
Federal funds''.
(c) Current Enactment of Job Training Federal Pell Grant
Program.--Section 401 of the Higher Education Act of 1965 (20
U.S.C. 1070a) is amended by adding at the end the following:
``(k) Job Training Federal Pell Grant Program.--
``(1) Definitions.--In this subsection:
``(A) Career and technical education.--The term `career and
technical education' has the meaning given the term in
section 3 of the Carl D. Perkins Career and Technical
Education Act.
``(B) Eligible job training program.--
``(i) In general.--The term `eligible job training program'
means a career and technical education program at an eligible
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 in which the job
training program is provided, as determined by--
``(aa) a State board or local board;
``(bb) a State plan, as described in section 122(d)(13)(C)
of the Carl D. Perkins Career and Technical Education Act of
2006; or
``(cc) a comprehensive local needs assessment, as described
in section 134(c) of the Carl D. Perkins Career and Technical
Education Act of 2006;
``(III) is a program--
``(aa) provided through an eligible training provider, as
described under section 122(d) of the Workforce Innovation
and Opportunity Act; and
``(bb) subject to the reporting requirements of section
116(d)(4) of the Workforce Innovation and Opportunity Act, or
would be subject to such requirements except for a waiver
issued to a State under section 189(i) of the Workforce
Innovation and Opportunity Act;
``(IV) provides a student, upon completion of the program,
with a degree or recognized postsecondary credential that is
stackable and portable across multiple employers and
geographical areas;
``(V) has demonstrated that students who complete the
program receive a median increase of 20 percent of the total
earnings of students who complete the program, in accordance
with paragraph (2);
``(VI) publishes prominently on the website of the
institution, and provides a written disclosure to each
prospective student prior to entering into an enrollment
agreement for such program (which each such student shall
confirm receiving through a written affirmation prior to
entering such enrollment agreement) containing, at a minimum,
the following information calculated, as applicable, in
accordance with paragraph (8)--
``(aa) the required tuition and fees of the program;
``(bb) the difference between required tuition and fees
described in item (aa) and any grant aid (which does not need
to be repaid) provided to the student;
``(cc) the completion rate of the program;
``(dd) the percentage of students placed or retained in
employment, measured at not less than 6 months and 1 year,
respectively, after completion of the program;
``(ee) total earnings of students who complete the program
not less than 6 months after completion of the program;
``(ff) total earnings of students who do not complete the
program;
``(gg) the ratio of the amount that is the difference
between required tuition and fees and any grant aid provided
to the student described in item (bb) to the total earnings
of students who complete the program not less than 6 months
after completion of the program described in item (ee);
``(hh) an explanation, in clear and plain language, of the
ratio described in item (gg); and
``(ii) in the case of a job training program that prepares
students for a professional license or certification exam,
the share of such students who pass such exams;
``(VII) has been determined by the eligible institution of
higher education (after validation of that determination by
an industry or sector partnership or State board or local
board) to provide academic content, an amount of
instructional time, and competencies to satisfy any
applicable educational requirement for professional licensure
or certification, so that the student who completes the
program and seeks employment is qualified to take any
licensure or certification examination needed to practice
[[Page S3542]]
or find employment in such sectors or occupations that the
program prepares students to enter;
``(VIII) has been in operation for not less than 1 year
prior to becoming an eligible job training program under this
subsection;
``(IX) does not exceed by more than 50 percent the minimum
number of clock hours required by a State to receive a
professional license or certification in the State, if the
State has established such a requirement;
``(X) includes institutional credit articulation for a
student enrolled in a noncredit job training program;
``(XI) is not offered exclusively through distance
education or a correspondence course, except as determined by
the Secretary to be necessary, on a temporary basis, in
connection with a--
``(aa) major disaster or emergency declared by the
President under section 401 or 501 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
and 5191); or
``(bb) national emergency declared by the President under
section 201 of the National Emergencies Act (50 U.S.C. 1601
et seq.);
``(XII) is provided not less than 50 percent directly by
the eligible institution of higher education;
``(XIII) may include integrated education and training; and
``(XIV) may be offered as part of a program that--
``(aa) meets the requirements of section 484(d)(2);
``(bb) is part of a career pathway, as defined in section 3
of the Workforce Innovation and Opportunity Act; and
``(cc) is aligned to a program of study, as defined in
section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006.
``(ii) Approval by the secretary.--
``(I) In general.--In the case of a program that is seeking
to establish initial eligibility as an eligible job training
program under this subparagraph, the Secretary shall make a
determination whether the program meets the requirements of
this subparagraph not more than 120 days after the date on
which such program is submitted for consideration as an
eligible job training program. If the Secretary determines
the program meets the requirements of this paragraph, the
Secretary shall grant an initial period of approval of 2
years. The Secretary shall enable institutions to apply for
eligible job training program approval not later than 1 year
after the date of enactment of the United States Innovation
and Competition Act of 2021.
``(II) Publication of application.--Not later than 1 year
after date of enactment of the United States Innovation and
Competition Act of 2021, the Secretary shall publish the
application for job training programs to submit for approval
as eligible job training programs. The information required
to determine eligibility in such application shall be
consistent with the requirements described in this
subparagraph.
``(iii) Renewal of approval by the secretary.--An eligible
job training program that desires to continue eligibility as
an eligible job training program after the period of initial
approval described in clause (ii), or the subsequent period
described in this clause, shall submit a renewal application
to the Secretary (with such information as the Secretary may
require), not more than 270 days and not less than 180 days
before the end of the previous approval period. If the
Secretary determines the program meets such requirements, the
Secretary shall grant another period of approval for 3 years.
``(iv) Periodic review by the secretary.--The Secretary
shall periodically review a program previously approved under
clause (ii) or (iii) to determine whether such program is
meeting the requirements of an eligible job training program
described in this subsection.
``(v) Revocation of approval by the secretary.--If at any
time the Secretary determines that a program previously
approved under clause (ii) or (iii) is no longer meeting any
of the requirements of an eligible job training program
described in this subsection, the Secretary--
``(I) shall deny a subsequent renewal of approval in
accordance with clause (iii) for such program after the
expiration of the approval period;
``(II) may withdraw approval for such program before the
expiration of the approval period;
``(III) shall ensure students who enrolled in such programs
have access to transcripts for completed coursework without a
fee or monetary charge and without regard to any balance owed
to the institution; and
``(IV) shall prohibit such program and any substantially
similar program, from being considered an eligible job
training described in this subsection for a period of not
less than 5 years.
``(vi) Additional assurance by state board.--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 State board
representing the State in which the eligible job training
program is provided, containing an assurance that the program
meets the requirements of clause (i).
``(C) Total earnings.--For the purposes of this subsection,
the term `total earnings' means the median annual earnings.
``(D) Eligible institution of higher education.--For the
purposes of this subsection, the term `eligible institution
of higher education' means--
``(i) an institution of higher education, as defined in
section 101;
``(ii) a postsecondary vocational institution, as defined
in section 102(c); and
``(iii) an institution of higher education--
``(I) approved by an accrediting agency or association that
meets the requirements of section 496(a)(4)(C);
``(II) that has not been a proprietary institution of
higher education, as defined in section 102(b), within the
previous 3 years; and
``(III) that has not been subject, during any of the
preceding 5 years, to--
``(aa) any suspension, emergency action, or termination of
programs under this title;
``(bb) any adverse action by the institution's accrediting
agency or association; or
``(cc) any action by the State to revoke a license or other
authority to operate.
``(E) Institutional credit articulation.--The term
`institutional credit articulation' means the situation where
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.
``(F) WIOA definitions.--The terms `industry or sector
partnership', `in-demand industry sector or occupation',
`recognized postsecondary credential', `local board', and
`State board' have the meanings given such terms in section 3
of the Workforce Innovation and Opportunity Act.
``(2) Total earnings increase requirement.--
``(A) In general.--Subject to subparagraph (B), as a
condition of participation under this subsection, the
Secretary shall, using the data collected under paragraph (8)
and such other information as the Secretary may require,
determine whether such job training program meets the
requirements of paragraph (1)(B)(i)(V) with respect to
whether the students who complete the program receive a
median increase of 20 percent of such students' total
earnings. For the purposes of this paragraph, the Secretary
shall determine such percentage increase by calculating the
difference between the total earnings of students who enroll
in such programs not more than 6 months prior to enrollment,
and the earnings of students who complete such program not
more than 6 months after completing such program.
``(B) Date of effect.--The requirement under this paragraph
shall take effect beginning on the date that is 1 year after
the date the program has been approved as an eligible job
training program under this subsection.
``(3) Appeal of earnings information.--The Secretary's
determination under paragraph (2) may include an appeals
process to permit job training programs to submit alternate
discretionary or total earnings data, respectively, provided
that such data are statistically rigorous, accurate,
comparable, and representative of students who complete the
program.
``(4) Authorization of awards.--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 a
student who is eligible to receive a job training Federal
Pell Grant under this subsection is a student who--
``(A) has not yet attained a postbaccalaureate degree;
``(B) is enrolled, or accepted for enrollment, in an
eligible job training program at an eligible institution of
higher education; and
``(C) meets all other eligibility requirements for a
Federal Pell Grant (except with respect to the type of
program of study, as provided in subparagraph (B)).
``(5) Amount of award.--The amount of a job training
Federal Pell Grant for an eligible student shall be
determined under subsection (b), except that a student who is
eligible for less than the minimum Federal Pell Grant because
the eligible job training program is less than an academic
year (in clock-hours and weeks of instructional time) may
still be eligible for a Federal Pell Grant.
``(6) 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 of higher education on
less than a full-time basis.
``(7) Same payment period.--No student may for the same
payment period receive both a job training Federal Pell Grant
under this subsection and a Federal Pell Grant under this
section.
``(8) Interagency data sharing and data collection.--
``(A) Interagency data sharing.--The Secretary shall
coordinate and enter into a data sharing agreement with the
Secretary of Labor to ensure access to data necessary to
implement this paragraph, including such data related to
indicators of performance collected under section 116 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3141).
[[Page S3543]]
``(B) Data on eligible job training programs.--Except as
provided under subparagraph (C), each institution of higher
education offering an eligible job training program for which
the Secretary awards job training Federal Pell Grants under
this subsection, the Secretary shall, on at least an annual
basis, collect and publish data with respect to each such
eligible job training program, including the following:
``(i) The number and demographics of students who enroll in
the program, including, at a minimum, disaggregated by--
``(I) sex;
``(II) race and ethnicity;
``(III) classification as a student with a disability;
``(IV) income quintile, as defined by the Secretary;
``(V) recipients of assistance under a tuition assistance
program conducted by the Department of Defense under section
1784a or 2007 of title 10, United States Code (or other
authorities available to the Department of Defense), or
status as a veteran;
``(VI) status as a first-time student or transfer student
from another institution;
``(VII) status as a first-generation student;
``(VIII) status as parent or guardian of 1 or more
dependent children; and
``(IX) status as a confined or incarcerated individual, as
defined under section 484(t)(1)(A).
``(ii) The number and demographics, disaggregated by the
categories listed in clause (i), including, at a minimum,
of--
``(I) students who complete the program; and
``(II) students who do not complete the program.
``(iii) The required tuition and fees of the program.
``(iv) The earnings of students, disaggregated by the
categories listed in clause (i), including, at a minimum--
``(I) total earnings of students who complete the program;
and
``(II) total earnings of students who do not complete the
program.
``(v) Additional outcomes of the students who complete the
program, disaggregated by the categories listed in clause
(i), including, at a minimum--
``(I) the completion rate of such students;
``(II) the percentage of such students placed or retained
in employment, measured at not less than 6 months and 1 year,
respectively, after completion of the program;
``(III) in the case of a job training program that prepares
students for a professional license or certification exam,
the share of such students who pass such exams;
``(IV) the share of such students who continue enrollment
at the institution of higher education offering the program
within 1 year;
``(V) the share of such students who transfer to another
institution of higher education within 1 year; and
``(VI) the share of such students who complete a subsequent
certificate or degree program within 6 years.
``(C) Exceptions.--Notwithstanding any other provision of
this paragraph--
``(i) if disclosure of disaggregated data under
subparagraph (B) is prohibited from disclosure due to
applicable privacy restrictions, the Secretary may take such
steps as the Secretary determines necessary to provide
meaningful disaggregated student demographic or outcome
information, including by combining categories; and
``(ii) an institution may submit, and the Secretary may
publish, data required to be collected under subparagraph (B)
that is obtained through a State Unemployment Insurance
Agency or through other supplemental means, in lieu of any
additional data collection, provided that such data are
statistically rigorous, accurate, comparable, and
representative.
``(D) Report.--Not later than July 1, 2025, the Secretary
shall--
``(i) submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
Labor of the House of Representatives a report on the impact
of an eligible job training program for which the Secretary
awards job training Federal Pell Grants under this
subsection, based on the most recent data collected under
subparagraph (B); and
``(ii) make the report described in clause (i) available
publicly on the website of the Department.''.
(d) Future Enactment of Job Training Federal Pell Grant
Program.--
(1) In general.--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) Career and technical education.--The term `career and
technical education' has the meaning given the term in
section 3 of the Carl D. Perkins Career and Technical
Education Act.
``(B) Eligible job training program.--
``(i) In general.--The term `eligible job training program'
means a career and technical education program at an eligible
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 in which the job
training program is provided, as determined by--
``(aa) a State board or local board;
``(bb) a State plan, as described in section 122(d)(13)(C)
of the Carl D. Perkins Career and Technical Education Act of
2006; or
``(cc) a comprehensive local needs assessment, as described
in section 134(c) of the Carl D. Perkins Career and Technical
Education Act of 2006;
``(III) is a program--
``(aa) provided through an eligible training provider, as
described under section 122(d) of the Workforce Innovation
and Opportunity Act; and
``(bb) subject to the reporting requirements of section
116(d)(4) of the Workforce Innovation and Opportunity Act, or
would be subject to such requirements except for a waiver
issued to a State under section 189(i) of the Workforce
Innovation and Opportunity Act;
``(IV) provides a student, upon completion of the program,
with a degree or recognized postsecondary credential that is
stackable and portable across multiple employers and
geographical areas;
``(V) has demonstrated that students who complete the
program receive a median increase of 20 percent of the total
earnings of students who complete the program, in accordance
with paragraph (2);
``(VI) publishes prominently on the website of the
institution, and provides a written disclosure to each
prospective student prior to entering into an enrollment
agreement for such program (which each such student shall
confirm receiving through a written affirmation prior to
entering such enrollment agreement) containing, at a minimum,
the following information calculated, as applicable, in
accordance with paragraph (8)--
``(aa) the required tuition and fees of the program;
``(bb) the difference between required tuition and fees
described in item (aa) and any grant aid (which does not need
to be repaid) provided to the student;
``(cc) the completion rate of the program;
``(dd) the percentage of students placed or retained in
employment, measured at not less than 6 months and 1 year,
respectively, after completion of the program;
``(ee) total earnings of students who complete the program
not less than 6 months after completion of the program;
``(ff) total earnings of students who do not complete the
program;
``(gg) the ratio of the amount that is the difference
between required tuition and fees and any grant aid provided
to the student described in item (bb) to the total earnings
of students who complete the program not less than 6 months
after completion of the program described in item (ee);
``(hh) an explanation, in clear and plain language, of the
ratio described in item (gg); and
``(ii) in the case of a job training program that prepares
students for a professional license or certification exam,
the share of such students who pass such exams;
``(VII) has been determined by the eligible institution of
higher education (after validation of that determination by
an industry or sector partnership or State board or local
board) to provide academic content, an amount of
instructional time, and competencies to satisfy any
applicable educational requirement for professional licensure
or certification, so that the student who completes the
program and seeks employment is qualified to take any
licensure or certification examination needed to practice or
find employment in such sectors or occupations that the
program prepares students to enter;
``(VIII) has been in operation for not less than 1 year
prior to becoming an eligible job training program under this
subsection;
``(IX) does not exceed by more than 50 percent the minimum
number of clock hours required by a State to receive a
professional license or certification in the State, if the
State has established such a requirement;
``(X) includes institutional credit articulation for a
student enrolled in a noncredit job training program;
``(XI) is not offered exclusively through distance
education or a correspondence course, except as determined by
the Secretary to be necessary, on a temporary basis, in
connection with a--
``(aa) major disaster or emergency declared by the
President under section 401 or 501 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
and 5191); or
``(bb) national emergency declared by the President under
section 201 of the National Emergencies Act (50 U.S.C. 1601
et seq.);
``(XII) is provided not less than 50 percent directly by
the eligible institution of higher education;
``(XIII) may include integrated education and training; and
``(XIV) may be offered as part of a program that--
``(aa) meets the requirements of section 484(d)(2);
``(bb) is part of a career pathway, as defined in section 3
of the Workforce Innovation and Opportunity Act; and
``(cc) is aligned to a program of study, as defined in
section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006.
``(ii) Approval by the secretary.--
``(I) In general.--In the case of a program that is seeking
to establish initial eligibility as an eligible job training
program under this subparagraph, the Secretary shall make a
determination whether the program meets
[[Page S3544]]
the requirements of this subparagraph not more than 120 days
after the date on which such program is submitted for
consideration as an eligible job training program. If the
Secretary determines the program meets the requirements of
this paragraph, the Secretary shall grant an initial period
of approval of 2 years. The Secretary shall enable
institutions to apply for eligible job training program
approval not later than 1 year after the date of enactment of
the United States Innovation and Competition Act of 2021.
``(II) Publication of application.--Not later than 1 year
after date of enactment of the United States Innovation and
Competition Act of 2021, the Secretary shall publish the
application for job training programs to submit for approval
as eligible job training programs. The information required
to determine eligibility in such application shall be
consistent with the requirements described in this
subparagraph.
``(iii) Renewal of approval by the secretary.--An eligible
job training program that desires to continue eligibility as
an eligible job training program after the period of initial
approval described in clause (ii), or the subsequent period
described in this clause, shall submit a renewal application
to the Secretary (with such information as the Secretary may
require), not more than 270 days and not less than 180 days
before the end of the previous approval period. If the
Secretary determines the program meets such requirements, the
Secretary shall grant another period of approval for 3 years.
``(iv) Periodic review by the secretary.--The Secretary
shall periodically review a program previously approved under
clause (ii) or (iii) to determine whether such program is
meeting the requirements of an eligible job training program
described in this subsection.
``(v) Revocation of approval by the secretary.--If at any
time the Secretary determines that a program previously
approved under clause (ii) or (iii) is no longer meeting any
of the requirements of an eligible job training program
described in this subsection, the Secretary--
``(I) shall deny a subsequent renewal of approval in
accordance with clause (iii) for such program after the
expiration of the approval period;
``(II) may withdraw approval for such program before the
expiration of the approval period;
``(III) shall ensure students who enrolled in such programs
have access to transcripts for completed coursework without a
fee or monetary charge and without regard to any balance owed
to the institution; and
``(IV) shall prohibit such program and any substantially
similar program, from being considered an eligible job
training described in this subsection for a period of not
less than 5 years.
``(vi) Additional assurance by state board.--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 State board
representing the State in which the eligible job training
program is provided, containing an assurance that the program
meets the requirements of clause (i).
``(C) Total earnings.--For the purposes of this subsection,
the term `total earnings' means the median annual earnings.
``(D) Eligible institution of higher education.--For the
purposes of this subsection, the term `eligible institution
of higher education' means--
``(i) an institution of higher education, as defined in
section 101;
``(ii) a postsecondary vocational institution, as defined
in section 102(c); and
``(iii) an institution of higher education--
``(I) approved by an accrediting agency or association that
meets the requirements of section 496(a)(4)(C);
``(II) that has not been a proprietary institution of
higher education, as defined in section 102(b), within the
previous 3 years; and
``(III) that has not been subject, during any of the
preceding 5 years, to--
``(aa) any suspension, emergency action, or termination of
programs under this title;
``(bb) any adverse action by the institution's accrediting
agency or association; or
``(cc) any action by the State to revoke a license or other
authority to operate.
``(E) Institutional credit articulation.--The term
`institutional credit articulation' means the situation where
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.
``(F) WIOA definitions.--The terms `industry or sector
partnership', `in-demand industry sector or occupation',
`recognized postsecondary credential', `local board', and
`State board' have the meanings given such terms in section 3
of the Workforce Innovation and Opportunity Act.
``(2) Total earnings increase requirement.--
``(A) In general.--Subject to subparagraph (B), as a
condition of participation under this subsection, the
Secretary shall, using the data collected under paragraph (8)
and such other information as the Secretary may require,
determine whether such job training program meets the
requirements of paragraph (1)(B)(i)(V) with respect to
whether the students who complete the program receive a
median increase of 20 percent of such students' total
earnings. For the purposes of this paragraph, the Secretary
shall determine such percentage increase by calculating the
difference between the total earnings of students who enroll
in such programs not more than 6 months prior to enrollment,
and the earnings of students who complete such program not
more than 6 months after completing such program.
``(B) Date of effect.--The requirement under this paragraph
shall take effect beginning on the date that is 1 year after
the date the program has been approved as an eligible job
training program under this subsection.
``(3) Appeal of earnings information.--The Secretary's
determination under paragraph (2) may include an appeals
process to permit job training programs to submit alternate
discretionary or total earnings data, respectively, provided
that such data are statistically rigorous, accurate,
comparable, and representative of students who complete the
program.
``(4) Authorization of awards.--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 a
student who is eligible to receive a job training Federal
Pell Grant under this subsection is a student who--
``(A) has not yet attained a postbaccalaureate degree;
``(B) is enrolled, or accepted for enrollment, in an
eligible job training program at an eligible institution of
higher education; and
``(C) meets all other eligibility requirements for a
Federal Pell Grant (except with respect to the type of
program of study, as provided in subparagraph (B)).
``(5) Amount of award.--The amount of a job training
Federal Pell Grant for an eligible student shall be
determined under subsection (b), except that a student who is
eligible for less than the minimum Federal Pell Grant because
the eligible job training program is less than an academic
year (in clock-hours and weeks of instructional time) may
still be eligible for a Federal Pell Grant.
``(6) 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 of higher education on
less than a full-time basis.
``(7) Same payment period.--No student may for the same
payment period receive both a job training Federal Pell Grant
under this subsection and a Federal Pell Grant under this
section.
``(8) Interagency data sharing and data collection.--
``(A) Interagency data sharing.--The Secretary shall
coordinate and enter into a data sharing agreement with the
Secretary of Labor to ensure access to data necessary to
implement this paragraph, including such data related to
indicators of performance collected under section 116 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3141).
``(B) Data on eligible job training programs.--Except as
provided under subparagraph (C), each institution of higher
education offering an eligible job training program for which
the Secretary awards job training Federal Pell Grants under
this subsection, the Secretary shall, on at least an annual
basis, collect and publish data with respect to each such
eligible job training program, including the following:
``(i) The number and demographics of students who enroll in
the program, including, at a minimum, disaggregated by--
``(I) sex;
``(II) race and ethnicity;
``(III) classification as a student with a disability;
``(IV) income quintile, as defined by the Secretary;
``(V) recipients of assistance under a tuition assistance
program conducted by the Department of Defense under section
1784a or 2007 of title 10, United States Code (or other
authorities available to the Department of Defense), or
status as a veteran;
``(VI) status as a first-time student or transfer student
from another institution;
``(VII) status as a first-generation student;
``(VIII) status as parent or guardian of 1 or more
dependent children; and
``(IX) status as a confined or incarcerated individual, as
defined under section 484(t)(1)(A).
``(ii) The number and demographics, disaggregated by the
categories listed in clause (i), including, at a minimum,
of--
``(I) students who complete the program; and
``(II) students who do not complete the program.
``(iii) The required tuition and fees of the program.
``(iv) The earnings of students, disaggregated by the
categories listed in clause (i), including, at a minimum--
``(I) total earnings of students who complete the program;
and
``(II) total earnings of students who do not complete the
program.
[[Page S3545]]
``(v) Additional outcomes of the students who complete the
program, disaggregated by the categories listed in clause
(i), including, at a minimum--
``(I) the completion rate of such students;
``(II) the percentage of such students placed or retained
in employment, measured at not less than 6 months and 1 year,
respectively, after completion of the program;
``(III) in the case of a job training program that prepares
students for a professional license or certification exam,
the share of such students who pass such exams;
``(IV) the share of such students who continue enrollment
at the institution of higher education offering the program
within 1 year;
``(V) the share of such students who transfer to another
institution of higher education within 1 year; and
``(VI) the share of such students who complete a subsequent
certificate or degree program within 6 years.
``(C) Exceptions.--Notwithstanding any other provision of
this paragraph--
``(i) if disclosure of disaggregated data under
subparagraph (B) is prohibited from disclosure due to
applicable privacy restrictions, the Secretary may take such
steps as the Secretary determines necessary to provide
meaningful disaggregated student demographic or outcome
information, including by combining categories; and
``(ii) an institution may submit, and the Secretary may
publish, data required to be collected under subparagraph (B)
that is obtained through a State Unemployment Insurance
Agency or through other supplemental means, in lieu of any
additional data collection, provided that such data are
statistically rigorous, accurate, comparable, and
representative.
``(D) Report.--Not later than July 1, 2025, the Secretary
shall--
``(i) submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
Labor of the House of Representatives a report on the impact
of an eligible job training program for which the Secretary
awards job training Federal Pell Grants under this
subsection, based on the most recent data collected under
subparagraph (B); and
``(ii) make the report described in clause (i) available
publicly on the website of the Department.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in section 703 of the FAFSA
Simplification Act (title VII of division FF of Public Law
116-260).
(e) Workforce Innovation and Opportunity Act Amendment.--
Section 116(i) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3141(i)) is amended by adding at the end the
following:
``(4) Interagency data sharing for job training federal
pell grant program.--The Secretary of Labor shall coordinate
and enter into a data sharing agreement with the Secretary of
Education to ensure access to data necessary to implement
section 401(k) of the Higher Education Act of 1965 (20 U.S.C.
1070a(k)), as added by section 6125 of the United States
Innovation and Competition Act of 2021, including such
applicable data related to unemployment insurance, wage
information, employment-related outcomes, and indicators of
performance collected under this section.''.
(f) 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 in the relevant industry in the State or
local area where the industry is located; and
``(II) provides academic content, an amount of
instructional time, and competencies to satisfy any
applicable educational requirement for professional licensure
or certification, so that a student who completes the program
and seeks employment is qualified to take any licensure or
certification examination needed to practice or find
employment in the sectors or occupations that the program
prepares students to enter.''.
____________________