[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 496 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 496
To amend the Higher Education Act of 1965 to extend Federal Pell Grant
eligibility to certain short-term workforce programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2023
Ms. Stefanik (for herself, Ms. Foxx, Mr. Banks, Mrs. Hinson, and Mr.
Thompson of Pennsylvania) introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to extend Federal Pell Grant
eligibility to certain short-term workforce programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Employment and Lifelong
Learning Act'' or the ``PELL Act''.
SEC. 2. PROGRAM ELIGIBILITY FOR WORKFORCE PELL GRANTS.
Section 481(b) of the Higher Education Act of 1965 (20 U.S.C.
1088(b)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) (A) A program is an eligible program for purposes of
the Workforce Pell Grants program under section 401(k) only
if--
``(i) it is at least 150 clock hours of
instruction, but not more than 600 clock hours of
instruction, or an equivalent number of credit hours,
offered during a minimum of 8 weeks, but not more than
15 weeks;
``(ii) it is determined by an accrediting agency or
association recognized by the Secretary pursuant to
section 496(a) to--
``(I) provide an education aligned with the
requirements of in-demand industry sectors or
occupations, as defined in section 3 of the
Workforce Innovation and Opportunity Act;
``(II) meet the hiring requirements of
potential employers in the sectors or
occupations described in subclause (I);
``(III) have been offered by an institution
for not less than 1 year prior to a
determination by such agency or association
under this paragraph;
``(IV) have a verified completion rate of
at least 70 percent, calculated so as to ensure
that a student shall be counted as a completion
if the student completes the program within 150
percent of the normal time for completion; and
``(V) have verified a job placement rate of
at least 70 percent; and
``(iii) for each award year, the total amount of
the published tuition and fees of the program for such
year is an amount that does not exceed the value-added
earnings of students who received Federal financial aid
under this title and who completed the program 3 years
prior to the award year, as such earnings are
determined by calculating the difference between--
``(I) the median earnings of such students,
as adjusted by the State and metropolitan area
regional price parities of the Bureau of
Economic Analysis based on the location of such
program; and
``(II) 150 percent of the poverty line
applicable to a single individual as determined
under section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2)) for such
year.
``(B)(i) In the case of a program that has not previously
participated in programs under this title and is being
determined eligible for the first time under this paragraph,
the Secretary may consider such program to be an eligible
program for purposes of the Workforce Pell Grants program under
section 401(k) for a provisional eligibility period that may
not exceed 3 years, if such program--
``(I) subject to subclause (II), meets the
requirements of subparagraph (A); and
``(II) in lieu of the determination of median
earnings under subclause (I) of subparagraph (A)(iii),
provides to the Secretary for purposes of meeting the
requirements of subparagraph (A)(iii), alternate
earnings of students who complete the program, which
are statistically rigorous, accurate, comparable, and
representative of students who complete such program.
``(ii) In a case in which the Secretary determines that a
program provided inaccurate earnings data under clause (i)(II)
for purposes of receiving provisional eligibility under clause
(i), such program shall return to the Secretary any funds
received under this title during the period beginning on first
date of the provisional eligibility period and ending on the
date of determination under this clause.
``(C) The Secretary shall establish an appeals process to
permit eligible programs for purposes of the Workforce Pell
Grants program under section 401(k) to submit alternate
earnings data to comply with subparagraph (A)(iii), provided
that such data are statistically rigorous, accurate,
comparable, and representative of students who receive a
Workforce Pell Grant and complete the eligible program.''.
SEC. 3. DATA COLLECTION AND DISSEMINATION RELATED TO WORKFORCE PELL.
Section 131 of the Higher Education Act of 1965 (20 U.S.C. 1015) is
amended by adding at the end the following:
``(i) Data Collection and Dissemination Related to Workforce
Pell.--
``(1) In general.--The Secretary shall, on an annual basis,
collect, verify, and make publicly available on the College
Scorecard or any similar successor website, the information
required under clause (i), subclauses (IV) and (V) of clause
(ii), and clause (iii), and of subsection (b)(3)(A) of section
481, with respect to each eligible program that meets the
requirements of section 481(b)(3), including--
``(A) the length of the program (as measured in
clock hours, credit hours, or weeks);
``(B) the number of students enrolled in the
eligible program during the most recent academic year
for which data is available;
``(C) the percentage of students who enroll in the
eligible program and who complete the eligible program
within--
``(i) 150 percent of the normal time for
completion of such program; and
``(ii) 200 percent of the normal time for
completion of such program;
``(D) the percentage of students who are employed
not later than 180 days after completing the eligible
program; and
``(E) the percentage of individuals--
``(i) who have completed such eligible
program; and
``(ii) 3 years after such completion, whose
median earnings exceed 150 percent of the
poverty line applicable to a single individual,
as determined under section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)).
``(2) Exceptions.--Notwithstanding any other provision of
this subsection, if disclosure of any data under paragraph (1)
is prohibited under State or Federal privacy laws or
regulations, the Secretary shall take such steps as the
Secretary determines necessary to make publicly available such
data in accordance with such laws and regulations.''.
SEC. 4. WORKFORCE 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 Pell Grants Program.--
``(1) In general.--For the award year beginning on July 1,
2024, and each subsequent award year, the Secretary shall award
grants (referred to as `Workforce Pell Grants') to eligible
students under paragraph (2) in accordance with this
subsection.
``(2) Eligible students.--For award year 2024-2025 and each
succeeding award year, to be eligible to receive a Workforce
Pell Grant under this subsection for any period of enrollment,
a student shall meet the eligibility requirements for a Federal
Pell Grant under this section, except that the student--
``(A) shall be enrolled, or accepted for
enrollment, in an eligible program described in section
481(b)(3); and
``(B) may not have received a postbaccalaureate
degree.
``(3) Terms and conditions of awards.--The Secretary shall
award Workforce Pell Grants under this subsection in the same
manner and with the same terms and conditions as the Secretary
awards Federal Pell Grants under subsection (b), except that a
student who is eligible for a grant equal to less than the
amount of the minimum Federal Pell Grant because the eligible
workforce development program in which the student is enrolled
or accepted for enrollment is less than an academic year (in
hours of instruction or weeks of duration) may still be
eligible for a Workforce Pell Grant.
``(4) Prevention of double benefits.--No eligible student
described in paragraph (2) may, for the same period of
enrollment, receive both a grant under this subsection and a
Federal Pell Grant under subsection (b).''.
(b) Effective Date.--The amendment made by subsection (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.
SEC. 5. ACCREDITING AGENCY DETERMINATION OF ELIGIBILITY REQUIREMENTS
FOR THE WORKFORCE PELL GRANTS PROGRAM.
(a) In General.--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'' at the end;
(2) in subparagraph (B)(ii), by inserting ``and'' at the
end; 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 offering an eligible program for purposes of
the Workforce Pell Grants program (in accordance with section
481(b)(3)), 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 programs--
``(i) the agency's or association's standards
include a process for determining if the institution
has the capability to effectively offer such an
eligible program; and
``(ii) the agency or association requires a
demonstration that the program--
``(I) satisfies the requirements of
subparagraph (A)(ii) of section 481(b)(3); and
``(II) provides academic content, an amount
of instructional time, and competencies to
satisfy any applicable educational requirement
so that a student who completes the program and
seeks employment is qualified to practice or
work in the sectors or occupations that the
program prepares students to enter;''.
(b) Additional NACIQI Review Meetings.--For the purpose of
preparing for the implementation of the Workforce Pell Grant program
under section 401(k) of the Higher Education Act of 1965 (as added by
section 4), in addition to the meetings required under section
114(d)(1) of the Higher Education Act of 1965 (20 U.S.C. 1011c(d)(1)),
the National Advisory Committee on Institutional Quality and Integrity
(as established by such section 114) shall, through 2025, hold meetings
to evaluate the additions to the scope of recognition of accrediting
agencies and associations with respect to an eligible program for
purposes of the Workforce Pell Grants program (in accordance with
section 481(b)(3) of the Higher Education Act of 1965, as added by
section 2).
(c) Interim Accreditation Authority.--
(1) Notification.--Beginning on the date of enactment of
this Act, a qualified accrediting agency or association which
seeks to include within its scope of recognition the evaluation
of the quality of institutions offering eligible programs for
the purposes of the Workforce Pell Grants program, may include
within its scope of recognition the evaluation of such
institutions if the accrediting agency or association--
(A) submits to the Secretary a notification of the
agency's or association's intent to add the evaluation
of such institutions to its scope of recognition; and
(B) includes with such notification an explanation
of how the agency or association intends to meet the
criteria under section 496(a)(4)(C) of the Higher
Education Act of 1965 (as added by subsection (a)) with
respect to the evaluation of institutions for purposes
of the Workforce Pell Grants program.
(2) Review of scope of changes.--Upon receipt of a
notification from an accrediting agency or association under
paragraph (1), the Secretary shall direct the National Advisory
Committee on Institutional Quality and Integrity (as
established by section 114 of the Higher Education Act of 1965
(20 U.S.C. 1011c)) to evaluate, at the next available meeting
of such Committee, the addition to the scope of recognition of
the agency or association and to advise the Secretary with
respect to whether the agency or association meets the criteria
under section 496(a)(4)(C) of the Higher Education Act of 1965
(as added by subsection (a)).
(3) Termination of interim authority.--The interim
authority under this subsection for an agency or association to
include within its scope of recognition the evaluation of the
quality of institutions offering eligible programs for the
purposes of the Workforce Pell Grants program shall terminate
on the earlier of--
(A) the date that is 5 years after the date of
enactment of this Act; or
(B) the date on which the Secretary determines
whether such agency or association meets the criteria
under section 496(a)(4)(C) of the Higher Education Act
of 1965 (as added by subsection (a)).
(4) Definitions.--In this subsection:
(A) The term ``qualified accrediting agency or
association'' means an accrediting agency or
association recognized by the Secretary under section
496 of the Higher Education Act of 1965 (20 U.S.C.
1099b) that seeks, for the first time, to add to its
scope of recognition the evaluation of the quality of
institutions offering an eligible program for purposes
of the Workforce Pell Grants program.
(B) The term ``Workforce Pell Grants program''
means the Workforce Pell Grant program under section
401(k) of the Higher Education Act of 1965 (as added by
section 4).
SEC. 6. ORDERLY IMPLEMENTATION OF WORKFORCE PELL GRANT PROGRAM.
The Secretary of Education shall have the authority to take such
steps as are necessary before July 1, 2024, to provide for the orderly
implementation on such date of the amendments to the Higher Education
Act of 1965 made by this Act.
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