[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.
                                 ______