[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5569-S5573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2141. Mr. KAINE (for himself, Mr. Portman, and Mr. Ossoff) 
submitted an amendment intended to be proposed to amendment SA 2137 
proposed by Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the end of title III of division A, insert the 
     following:

     SEC. 13011. ESTABLISHING JOB TRAINING FEDERAL PELL GRANTS; 
                   ELIMINATING SHORT-TERM EDUCATION LOAN PROGRAMS; 
                   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

[[Page S5570]]

       ``(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 the median change in total 
     earnings for students who complete the program is an increase 
     of not less than 20 percent, 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 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 Infrastructure Investment 
     and Jobs Act.
       ``(II) Publication of application.--Not later than 1 year 
     after the date of enactment of the Infrastructure Investment 
     and Jobs Act, 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 median change in annual earnings for students who 
     complete the program is an increase of not less than 20 
     percent of the total earnings of such students before 
     enrollment in the program. For the purposes of this 
     paragraph, the Secretary shall determine such percentage 
     change 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 total 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.

[[Page S5571]]

       ``(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.

       ``(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 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 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 the median change in total 
     earnings for students who complete the program is an increase 
     of not less than 20 percent, 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

[[Page S5572]]

     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 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 Infrastructure Investment 
     and Jobs Act.
       ``(II) Publication of application.--Not later than 1 year 
     after the date of enactment of the Infrastructure Investment 
     and Jobs Act, 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 median change in annual earnings for students who 
     complete the program is an increase of not less than 20 
     percent of the total earnings of such students before 
     enrollment in the program. 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

[[Page S5573]]

     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.

       ``(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 13011 of the Infrastructure 
     Investment and Jobs Act, 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.''.

       (g) Rescission.--Of the amounts appropriated under section 
     401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20 
     U.S.C. 1070a(b)(7)(A)(iv)(XI)) for fiscal year 2021, 
     $120,000,000 are rescinded.
       (h) Effective Date.--Except as otherwise provided, this 
     section and the amendments made by this section shall take 
     effect on the date of enactment of this Act.
                                 ______