[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5676-S5679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6132. Mr. KAINE (for himself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ELIMINATING SHORT-TERM EDUCATION LOAN PROGRAMS;
WORKFORCE 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 Workforce 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 ``the uniformed services (as defined in section
101(a) of title 10, United States Code)''; and
(2) by striking paragraph (5) and inserting the following:
``(5) Qualifying national guard duty.--The term `qualifying
National Guard duty during a war or other military operation
or national emergency' means service as a member of the
National Guard--
``(A) on full-time National Guard duty (as defined in
section 101(d)(5) of title 10, United States Code) under a
call to active service authorized by the President or the
Secretary of Defense for a period of more than 30 consecutive
days under section 502(f) of title 32, United States Code, in
connection with a war, other military operation, or a
national emergency declared by the President and supported by
Federal funds; or
``(B) on State active duty (as defined in section 4303 of
title 38, United States Code) for a period of more than 30
consecutive days in connection with--
``(i) a national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.); or
``(ii) a major disaster declared by the President under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170).''.
(c) Workforce Federal Pell Grant Program.--
(1) Eligible program.--
(A) In general.--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) A program is an eligible program for purposes of only
section 401(k) if it--
``(A) is a program of at least 150, and not more than 600,
clock hours of instruction, or an equivalent number of credit
hours, offered during a minimum of 8 weeks and not more than
15 weeks of instructional time ; and
``(B) meets the requirements of such section 401(k).''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect as if included in section 702 of the FAFSA
Simplification Act (title VII of division FF of Public Law
116-260; 134 Stat. 3191) and in accordance with section
701(b) of such Act.
(2) Student eligibility.--
(A) In general.--Section 484 of the Higher Education Act of
1965 (20 U.S.C. 1091), as amended by section 702 of the FAFSA
Simplification Act (title VII of division FF of Public Law
116-260), is amended by adding at the end the following:
``(u) Eligibility for Workforce Federal Pell Grants.--In
order to be eligible to receive a Workforce Federal Pell
Grant under this title for any period of enrollment, a
student--
``(1) shall meet all other eligibility requirements for a
Federal Pell Grant except as provided in paragraphs (2) and
(3);
``(2) notwithstanding the eligibility requirements with
respect to the program of study, shall be enrolled, or
accepted for enrollment, in an eligible program under section
481(b)(5) offered by an eligible institution of higher
education, as defined in section 401(k)(1)(D); and
``(3) notwithstanding the eligibility requirements with
respect to the first undergraduate postbaccalaureate course
of study under section 401(d)(1), may have completed such
first undergraduate postbaccalaureate course of study, but
shall not have received a postbaccalaureate degree.''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect as if included in section 702 of the FAFSA
Simplification Act (title VII of division FF of Public Law
116-260; 134 Stat. 3191) and in accordance with section
701(b) of such Act.
(3) Federal pell grants.--
(A) 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 amended by adding at the end the following:
``(k) Workforce 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 workforce development program.--
``(i) In general.--The term `eligible workforce development
program' means a career and technical education program at an
eligible institution of higher education that--
``(I) meets the requirements of section 481(b)(5);
``(II) provides education aligned with the requirements of
high-skill, high-wage, or in-demand industry sectors or
occupations (including in non-traditional fields) in the
State or local area in which the workforce development
program is provided, as determined by--
``(aa) the State in which the program is provided, in
consultation with a State board or local board that serves
such State or local area;
``(bb) a State plan, as described in section 122(d)(13)(C)
of the Carl D. Perkins Career and Technical Education Act of
2006;
``(cc) an industry or sector partnership; or
``(dd) 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 recognized postsecondary credential that is stackable
and portable across multiple employers and geographical
areas, except that the Secretary may waive some of all of the
requirements of this subclause if the Secretary determines
that there are extenuating circumstances that justify such
waiver;
``(V) not later than 18 months after the date the program
has been approved as an eligible workforce development
program under this subsection, has demonstrated that students
who complete the program receive a median increase of 20
percent of total earnings as compared to total earnings of
such students prior to enrolling in such 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 employment rates of students who complete the
program, measured at approximately 6 months and 1 year,
respectively, after completion of the program.
``(ee) Total earnings of students who complete the program,
calculated based on earnings approximately 6 months after
completion of the program.
``(ff) Total earnings of students who do not complete the
program, calculated based on earnings approximately 6 months
after ceasing enrollment in 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 described in item (ee).
``(hh) An explanation, in clear and plain language that
shall be specified by the Secretary, of the ratio described
in item (gg).
``(ii) In the case of a workforce development program that
prepares students for a professional licensure or
certification examination, the share of such students who
pass such examinations;
``(VII) has been determined by the eligible institution of
higher education (after validation of that determination by
an industry or sector partnership or State, in consultation
with a State board or local board) to provide academic
content, an amount of instructional time, competencies, and a
recognized postsecondary credential that are sufficient to--
``(aa) meet the hiring requirements of potential employers
in the sectors or occupations described in subclause (II),
including such requirements identified pursuant to a
geographically applicable comprehensive local needs
assessment (as described in section 134(c) of the Carl D.
Perkins Career and Technical Education Act of 2006) or
pursuant
[[Page S5677]]
to a State plan (as described in section 122(d)(13)(C) of the
Carl D. Perkins Career and Technical Education Act of 2006);
and
``(bb) satisfy any applicable educational prerequisite
requirement for professional licensure or certification in
the State or States in which the program is offered, so that
a student who completes the program and seeks employment is
qualified to practice or find employment in such sectors or
occupations that the program prepares students to enter,
including, if applicable, being qualified to take any
relevant licensure or certification examinations that may be
needed to practice such employment;
``(VIII) has been in operation for not less than 1 year
prior to becoming an eligible workforce development program
under this subsection;
``(IX) prepares students to pursue one or more related
certificate or degree programs at one or more institutions of
higher education (as defined in section 101) or a
postsecondary vocational institutions (as defined in section
102(c)), which may include the eligible institution of higher
education providing the eligible workforce development
program, including--
``(aa) by ensuring the acceptability of the credits
received under the workforce development program toward
meeting such certificate or degree program requirements (such
as through an articulation agreement as defined in section
486A); and
``(bb) by ensuring that a student who completes noncredit
coursework in the workforce development program, upon
completion of the workforce development program and
enrollment in such a related certificate or degree program,
will receive academic credit for such noncredit coursework
that will be accepted toward meeting such certificate or
degree program requirements;
``(X) 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.);
``(XI) includes counseling for students to--
``(aa) support each such student in achieving the student's
education and career goals; and
``(bb) ensure that each such student receives information
on--
``(AA) the sectors or occupations described in subclause
(II) for which the workforce development program provides
training (including the total earnings of students who have
completed the program and are employed in such sectors or
occupations, calculated based on earnings approximately 6
months after completion of the program);
``(BB) the related certificate or degree programs described
in subclause (X) for which the workforce development program
provides preparation; and
``(CC) other sources of financial aid or other assistance
for any component of the student's cost of attendance (as
defined in section 472);
``(XII) meets requirements that are applicable to a program
of training to prepare students for gainful employment in a
recognized occupation;
``(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.--In the case of a program
that is seeking to establish initial eligibility as an
eligible workforce development 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
workforce development 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.
``(iii) Renewal of approval by the secretary.--An eligible
workforce development program that desires to continue
eligibility as an eligible workforce development 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) 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 workforce development
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 workforce
development program described in this subsection for a period
of not less than 5 years.
``(v) Additional state assurance.--The Secretary shall not
determine that a program is an eligible workforce development
program in accordance with clause (ii) unless the Secretary
receives a certification from the State in which the eligible
workforce development program is provided, containing an
assurance that the program meets the requirements of
subclauses (II) and (III) of clause (i).
``(C) Total earnings.--The term `total earnings' means the
median annualized earnings, calculated using earnings for a
pay period, month, quarter, or other time period deemed
appropriate by the Secretary.
``(D) Eligible institution of higher education.--The term
`eligible institution of higher education' means an
institution of higher education (as defined in section 101)
or a postsecondary vocational institution (as defined in
section 102(c)) that--
``(i) is approved by an accrediting agency or association
that meets the requirements of section 496(a)(4)(C);
``(ii) has not been a proprietary institution of higher
education, as defined in section 102(b), within the previous
3 years; and
``(iii) has not been subject, during any of the preceding 5
years, to--
``(I) any suspension, emergency action, or termination of
programs under this title;
``(II) any adverse action by the institution's accrediting
agency or association; or
``(III) any action by the State to revoke a license or
other authority to operate; and
``(iv) is in compliance with the requirements of this
subsection.
``(E) 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 subparagraphs (B) and (C), 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 workforce development 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--
``(i) the total earnings of students who enroll in such
program, calculated based on earnings approximately 6 months
prior to enrollment; and
``(ii) the total earnings of students who complete such
program, calculated based on earnings approximately 6 months
after completing such program, subject to subparagraph (B).
``(B) Exclusion.--An eligible institution of higher
education offering an eligible workforce development program
for which the Secretary awards Workforce Federal Pell Grants
under this subsection may exclude from the calculation under
subparagraph (A)(ii) any students who are enrolled in an
eligible program, as defined in section 481, at the time that
earnings are evaluated under subparagraph (A)(ii).
``(C) Date of effect.--The requirement under this paragraph
shall take effect beginning on the date that is 18 months
after the date the program has been approved as an eligible
workforce development program under this subsection.
``(3) Appeal of earnings information.--The Secretary's
determination under paragraph (2) may include an appeals
process to permit workforce development programs to submit
alternate earnings data (which may include discretionary
earnings data or total earnings data), provided that such
data are statistically rigorous, accurate, comparable, and
representative of students who enroll in or complete the
program, or both, as applicable.
``(4) Authorization of awards.--For the award year
beginning on July 1, 2024, and each subsequent award year,
the Secretary shall award Federal Pell Grants to eligible
students pursuant to section 484(u) in eligible workforce
development programs (referred to as a `Workforce Federal
Pell Grant'). Each Workforce 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 Workforce Federal Pell Grant under this
subsection is a student who meets the eligibility criteria in
section 484(u).
``(5) Amount of award.--The amount of a Workforce Federal
Pell Grant for an eligible student shall be determined under
subsection (b), except that a student who is eligible for
[[Page S5678]]
less than the minimum Federal Pell Grant because the eligible
workforce development program is less than an academic year
(in clock-hours and weeks of instructional time) may still be
eligible for a Workforce Federal Pell Grant.
``(6) Inclusion in total eligibility period.--Any period
during which a student receives a Workforce 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 workforce
development 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 Workforce Federal Pell Grant
under this subsection and a Federal Pell Grant under this
section.
``(8) Interagency data coordination and data collection.--
``(A) Interagency data coordination.--The Secretary shall
coordinate with the Secretary of Labor to ensure access to
data necessary to implement this subsection that is not
otherwise available to the Secretary, including such data
related to indicators of performance collected under section
116 of the Workforce Innovation and Opportunity Act.
``(B) Data on eligible workforce development programs.--
Except as provided under subparagraph (C), using data
otherwise available to the Secretary to the greatest extent
practicable to streamline reporting requirements and minimize
reporting burdens, and in coordination with the National
Center for Education Statistics, the Secretary of Labor, and
each institution of higher education offering an eligible
workforce development program for which the Secretary awards
Workforce 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 workforce
development program, including, at a minimum, the following:
``(i) The number and demographics of students who enroll in
the program, 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) military or veteran benefit status;
``(VI) status as a first-time student or transfer student
from another institution;
``(VII) status as a first generation college student;
``(VIII) status as parent or guardian of 1 or more
dependent children;
``(IX) status as a confined or incarcerated individual, as
defined under section 484(t)(1)(A); and
``(X) status as a recipient of a Workforce Federal Pell
Grant.
``(ii) The number and demographics, disaggregated by the
categories listed in clause (i), of students who--
``(I) complete the program; and
``(II) do not complete the program.
``(iii) The required tuition and fees of the program.
``(iv) The total earnings of students, disaggregated by the
categories listed in clause (i), who--
``(I) complete the program, calculated based on earnings
approximately 6 months after completing such program; and
``(II) do not complete the program, calculated based on
earnings approximately 6 months after ceasing enrollment in
such program.
``(v) Outcomes of the students who complete the program,
disaggregated by the categories listed in clause (i), with
respect to--
``(I) the median time to completion among such students;
``(II) the employment rates of such students, measured at
approximately 6 months and 1 year, respectively, after
completion of the eligible workforce development program;
``(III) in the case of a workforce development program that
prepares students for a professional licensure or
certification examination, the share of such students who
pass such examinations;
``(IV) the share of such students who enroll in a
certificate or degree program at the institution of higher
education offering the eligible workforce development program
within 1 year of completing such eligible workforce
development program;
``(V) the share of such students who transfer to another
institution of higher education within 1 year of completing
the eligible workforce development program; and
``(VI) the share of such students who complete a subsequent
certificate or degree program at any institution of higher
education within 6 years of completing the eligible workforce
development program.
``(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;
``(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;
``(iii) to the extent that another provision of this Act,
or any regulation prescribed under this Act, requires the
same reporting or collection of data that is required under
subparagraph (B), the Secretary may consider the reporting
under such provision or regulation to satisfy the
requirements of subparagraph (B); and
``(iv) the Secretary, in consultation with the Secretary of
Labor, may modify or waive the requirements to disaggregate
data by the categories listed in subparagraph (B)(i) for data
described in clauses (iv) and (v)(III) of subparagraph (B) to
align with the reporting requirements of section 116(d)(4) of
the Workforce Innovation and Opportunity Act, streamline
reporting requirements, and minimize reporting burdens.
``(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 eligible workforce development programs for which the
Secretary awards Workforce 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.''.
(B) Publication of application.--Not later than 1 year
after the date of enactment of this Act, the Secretary of
Education shall publish the application for workforce
development programs to submit for approval as eligible
workforce development programs, as defined in subsection
(k)(1)(B) of section 401 of the Higher Education Act of 1965
(20 U.S.C. 1070a), as added by subparagraph (A). The
information required to determine eligibility in such
application shall be consistent with the requirements
described in such subsection (k)(1)(B).
(C) Effective date.--The amendment made by subparagraph (A)
shall take effect as if included in section 703 of the FAFSA
Simplification Act (title VII of division FF of Public Law
116-260; 134 Stat. 3191) and in accordance with section
701(b) of such Act.
(D) Implementation.--In carrying out the amendments made by
subparagraph (A), the Secretary of Education may waive the
application of--
(i) the master calendar requirements under section 482 of
the Higher Education Act of 1965 (20 U.S.C. 1089); and
(ii) negotiated rulemaking under section 492 of the Higher
Education Act of 1965 (20 U.S.C. 1098a).
(E) Stakeholder engagement.--If the Secretary of Education
waives the application of negotiated rulemaking pursuant to
subparagraph (D)(ii), the Secretary shall, to the greatest
extent practicable, ensure stakeholder engagement in
development the application, guidance, and regulations
related to eligible workforce development programs, as
defined in subsection (k)(1)(B) of section 401 of the Higher
Education Act of 1964 (20 U.S.C. 1070a), as added by
subparagraph (A).
(d) Workforce Innovation and Opportunity Act Amendment.--
(1) Eligible training provider reports.--Section 116(d)(4)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3141(d)(4)) is amended--
(A) in subparagraph (E), by striking ``and'' after the
semicolon;
(B) in subparagraph (F), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(G) for programs of study of an eligible provider
participating in the Workforce Federal Pell Grant program
under section 401(k) of the Higher Education Act of 1965, as
added by section [_____] of the [____ Act], such information
related to employment and earnings as may be required under
such subsection, including information relating to the total
earnings increase under paragraph (2) of such subsection,
except that the sanctions for failure to report under
subsection (f)(1)(B) of this section shall not apply to this
subparagraph.''.
(2) Interagency data coordination.--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 coordination for workforce federal
pell grant program.--The Secretary of Labor shall coordinate
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 [_____]
of the [____ Act], that is not otherwise available to the
Secretary of Education, which may include data related to
unemployment insurance, wage information, employment-related
outcomes, and indicators of performance collected under this
section.''.
(e) Accrediting Agency Recognition of Eligible Workforce
Development 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:
[[Page S5679]]
``(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
Workforce Federal Pell Grant program under section 401(k), as
added by section [_____] of the [____ Act], 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 workforce development
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 workforce development
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, competencies, and a recognized
postsecondary credential sufficient to satisfy any applicable
educational requirement for professional licensure or
certification in the State or States in which the program is
offered, so that a student who completes the program and
seeks employment is qualified to practice or find employment
in the sectors or occupations that the program prepares
students to enter, including, if applicable, being qualified
to take any relevant licensure or certification examinations
that may be needed to practice such employment.''.
(f) Additional NACIQI Review Meetings.--If necessary, the
Secretary of Education shall hold additional meetings of the
National Advisory Committee on Institutional Quality and
Integrity through July 1, 2024 in order to evaluate additions
to the scope of recognition of agencies or associations with
respect to eligible workforce development programs as defined
in section 401(k) of the Higher Education Act of 1965, as
added by subsection (c)(3)(A) of this section, to prepare for
implementation of the Workforce Federal Pell Grant program.
(g) Administrative Funding.--Out of any funds in the
Treasury not otherwise appropriated, there is appropriated to
the Secretary of Labor, $75,000,000, for fiscal year 2023, to
remain available until expended, to assist in carrying out
activities relating to section 401(k) of the Higher Education
Act of 1965, as added by this Act, and sections 116(d)(4)(G)
and 116(i)(4) of the Workforce Innovation and Opportunity
Act, as added by this Act, during fiscal years 2023 through
2031: Provided, That funds appropriated under this
subsection may be used for carrying out such activities
directly or through contracts, grants, subgrants and other
arrangements, and may be used for Federal administrative
costs relating to such activities. Provided further, That
the Secretary of Labor may transfer funds appropriated under
this subsection to accounts within the Department of Labor as
necessary, as determined by the Secretary of Labor, to carry
out such activities.
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