[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6585 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6585
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
December 5, 2023
Ms. Stefanik (for herself, Ms. Foxx, Mr. Scott of Virginia, and Mr.
DeSaulnier) 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 ``Bipartisan Workforce Pell Act''.
SEC. 2. 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 Grant Program.--
``(1) In general.--For the award year beginning on July 1,
2025, and each subsequent award year, the Secretary shall award
grants (to be known as `Workforce Pell Grants') to eligible
students under paragraph (2) in accordance with this
subsection.
``(2) Eligible students.--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 under section
481(b)(3) (hereinafter referred to as an `eligible
workforce program'); and
``(B) may not--
``(i) be enrolled, or accepted for
enrollment, in a program of study that leads to
a master's degree, doctoral degree, or other
post-graduate degree; or
``(ii) have attained such a 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 this section, except that--
``(A) each use of the term `eligible program' shall
be substituted by `eligible program under section
481(b)(3)', other than with respect to--
``(i) paragraph (9)(A) of such subsection;
and
``(ii) subsection (d)(2); and
``(B) a student who is eligible for a grant equal
to less than the amount of the minimum Federal Pell
Grant because the eligible workforce 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 in an amount that is prorated
based on the length of the program.
``(4) Prevention of double benefits.--No eligible student
described in paragraph (2) may concurrently receive a grant
under both this subsection and--
``(A) subsection (b); or
``(B) subsection (c).
``(5) Duration limit.--Any period of study covered by a
Workforce Pell Grant awarded under this subsection shall be
included in determining a student's duration limit under
subsection (d)(5).''.
(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. 3. 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 Grant program under section 401(k) only if--
``(i) it is a program of at least 150 clock hours
of instruction, but less than 600 clock hours of
instruction, or an equivalent number of credit hours,
offered during a minimum of 8 weeks, but less than 15
weeks;
``(ii) it is not offered as a correspondence
course, as defined in 600.2 of title 34, Code of
Federal Regulations (as in effect on September 20,
2020);
``(iii) the State board makes a determination that
the program--
``(I) provides an education aligned with
the requirements of high-skill, high-wage, or
in-demand industry sectors or occupations (as
used in section 122 of the Carl D. Perkins
Career and Technical Education Act (20 U.S.C.
2342));
``(II) meets the hiring requirements of
potential employers in the sectors or
occupations described in subclause (I); and
``(III) satisfies any applicable
educational prerequisite requirement for
professional licensure or certification in the
State or States in which the program is
offered, as applicable, such that a student who
completes the program is qualified to--
``(aa) practice or find employment
in the sectors or occupations described
in subclause (I); and
``(bb) as applicable, take any
licensure or certification examinations
required to practice or find employment
in such sectors or occupations;
``(iv) after the State board makes the
determination that the program meets the requirements
under clause (iii), the accrediting agency or
association recognized by the Secretary pursuant to
section 496(a) determines that the program--
``(I) either--
``(aa) leads to a recognized
postsecondary credential that is
stackable and portable across more than
one employer; or
``(bb) with respect to students
enrolled in the program--
``(AA) prepares such
students for employment in an
occupation for which there is
only one recognized
postsecondary credential; and
``(BB) provides such
students with such a credential
upon completion of such
program;
``(II) prepares students to pursue 1 or
more certificate or degree programs at 1 or
more institutions of higher education (which
may include the institution of higher education
providing the program), including by ensuring--
``(aa) that a student, upon
completion of the program and
enrollment in such a related
certificate or degree program, will
receive academic credit for the program
that will be accepted toward meeting
such certificate or degree program
requirements; and
``(bb) the acceptability of such
credit toward meeting such certificate
or degree program requirements; and
``(III) publishes prominently on the
website of the institution the recognized
postsecondary credential that will be awarded
to the student upon completion of the program,
including the entity issuing the credential,
any third-party endorsements of the credential,
the occupation or occupations for which the
credential prepares individuals for employment,
the competencies achieved to earn the
credential, the level of mastery of such
competencies and how mastery is assessed, and
specific information with respect to where,
whether, and under what circumstances the
credential is stackable or portable;
``(IV) with respect to the information
collected under section 131(i)--
``(aa) publishes such information
prominently on the website of the
institution; and
``(bb) provides such information in
a written disclosure to each
prospective student prior to entering
into an enrollment agreement with such
student for such program, and
establishes procedures for each such
student to confirm receipt of such
disclosure;
``(V) has established a plan to ensure
students who completed the program have access
to transcripts for completed coursework without
a fee; and
``(VI) has been offered by an eligible
institution of higher education for not less
than 1 year prior to the date on which such
agency or association is to make a
determination under this paragraph; and
``(v) after the accrediting agency makes the
determination that the program meets the requirements
under clause (iv), the Secretary determines that--
``(I) for each award year, the program has
a verified completion rate of at least 70
percent, within 150 percent of the normal time
for completion;
``(II) for each award year, the program has
a verified job placement rate of at least 70
percent, measured 180 days after completion;
``(III) for each award year, the program
charges to a Workforce Pell Grant recipient
under section 401(k) a total amount of tuition
and fees for the program for such year that
does not exceed the value-added earnings of
students for the most recent year for which
data is available; and
``(IV) for at least 2 of the 3 most recent
consecutive award years for which data are
available, the median earnings of students who
completed the program, measured three years
after students completed the program, exceeded
the annual median earnings of individuals in
the State in which the program is located--
``(aa) who are in the labor force;
``(bb) who are between 25 and 34
years of age, inclusive; and
``(cc) for whom the highest degree
attained is a high school diploma (or
recognized equivalent).
``(B)(i) The Secretary shall establish an appeals process
wherein a program may request that, in making a determination
under subparagraph (A)(v) (other than with respect to the
median earnings of the individuals in the State described in
subclause (IV) of such subparagraph), the Secretary use
alternate earnings data, provided by the program, that is based
on local, State, or Federal administrative data sources and
that is statistically rigorous, accurate, comparable to, and
representative of such students, if such program objects to a
determination made by the Secretary under such subparagraph for
purposes of--
``(I) eligibility under this paragraph; or
``(II) the reporting or publishing of the rates or
earnings described in such a determination under
section 131(i).
``(ii) In the case of a program that is seeking to
establish initial eligibility under this paragraph that does
not have data available for the Secretary to make the
determinations required under subparagraph (A)(v), the
Secretary may, for a period that does not exceed 1 year, make
such determinations (other than the median earnings of the
individuals in the State described in subclause (IV) of such
subparagraph) with respect to the program using, as provided by
the program--
``(I) alternate earnings data of students who
complete the program, provided such data are
statistically rigorous, accurate, comparable to, and
representative of such students; and
``(II) alternate completion and job placement rates
of students who enroll in the program, provided such
data are statistically rigorous, accurate, comparable,
and representative of such students.
``(iii) If the Secretary determines that a program provided
inaccurate earnings data under clause (i)(I) or clause (ii),
such program shall return to the Secretary any funds received
under section 401(k) during the period beginning on the date
that is the first day of the provisional eligibility period and
ending on the date on which the Secretary makes such
determination.
``(C)(i) In the case of a program that is seeking to
establish initial eligibility under this paragraph, the
Secretary shall grant eligibility for the program if it meets
the requirements of this paragraph not more than 120 days after
the date on which the Secretary receives a submission from such
program for consideration as an eligible workforce program
under this paragraph.
``(ii) If a program that is an eligible workforce program
under this paragraph no longer meets one or more of the
requirements under this paragraph, as determined by the State
Board, accrediting agency, or the Secretary, the Secretary--
``(I) may withdraw the eligibility of such program;
and
``(II) shall prohibit such program, and any
substantially similar program of the institution, from
being considered an eligible workforce program under
this paragraph for a period of not less than 3 years.
``(D)(i) In the case of a program with a number of enrolled
students that is insufficient to provide the Secretary with
enough relevant data to make the determinations under
subparagraph (A)(v), the Secretary shall--
``(I) aggregate up to 4 years of additional
data for such program and use such aggregated
data to make such determinations; or
``(II) only if such aggregated data under
subclause (I) is insufficient, aggregate up to
4 years of data of students who completed or
were enrolled in, as applicable, similar
programs at the institution (as determined
using the first 4 digits of the CIP codes of
such programs) and use such data to make such
determinations.
``(ii) For purposes of this subparagraph, the term `CIP
code' means the 6-digit taxonomic identification code assigned
by an institution of higher education to a specific program of
study at the institution, determined by the institution in
accordance with the Classification of Instructional Programs
published by the National Center for Education Statistics.
``(E) In this paragraph:
``(i) The term `eligible institution of higher
education' means an institution of higher education (as
defined in section 102) that--
``(I) is approved by an accrediting agency
or association that meets the requirements of
section 496(a)(4)(C); and
``(II) has not been subject, during any of
the preceding 3 years, to--
``(aa) any suspension, emergency
action, or termination under this
title;
``(bb) any adverse action by the
institution's accrediting agency or
association that revokes or denies
accreditation for the institution; or
``(cc) any final action by the
State where the institution holds its
legal domicile, authorization, and
accreditation that revokes a license or
other authority to operate.
``(ii) The term `median earnings', when used with
respect to an eligible workforce program under this
paragraph--
``(I) means the median annualized earnings,
calculated using earnings for a pay period,
month, quarter, or other time period deemed
appropriate by the Secretary, of all students
who received Federal financial assistance under
this title and who completed the program in an
academic year; and
``(II) shall be measured a given number of
years after such students completed the
program, with the number of years determined in
accordance with this Act based on the intended
use of the median earnings data being
calculated.
``(iii) With respect to students who received
Federal financial aid under this title and who
completed an eligible workforce program under this
paragraph in a given year, the term `value-added
earnings' means--
``(I) the median earnings of such students,
measured one year after students completed the
program; minus
``(II) for the year median earnings are
measured for such students under subclause (I),
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 and, in
the case of a program offered in-person,
adjusted by the regional price parity index of
the Bureau of Economic Analysis for the
metropolitan statistical area in which the
eligible institution of higher education
offering such program is located.
``(iv) The terms `industry or sector partnership',
`in-demand industry sector or occupation', `recognized
postsecondary credential', and `State board' have the
meanings given such terms in section 3 of the Workforce
Innovation and Opportunity Act.''.
SEC. 4. 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) Primary data source.--The Secretary shall use data
from the National Student Loan Data System or administrative
data maintained by the Department, matched with Internal
Revenue Service income data to collect data and make
calculations in accordance with this subsection and section
481(b)(3).
``(2) Publication.--The Secretary shall, on an annual
basis, collect, verify, and make publicly available on the
College Scorecard website (or any similar successor website),
the information required under section 481(b)(3)(A)(v), with
respect to each eligible program under section 481(b)(3)
(hereinafter referred to as an `eligible workforce program'),
including--
``(A) the length of the program (as measured in
clock hours, credit hours, or weeks);
``(B) the required tuition and fees of the program;
``(C) the difference between the required tuition
and fees described in section 481(b)(3)(A)(v)(III) and
median amount of grant aid (which does not need to be
repaid) provided to students receiving Workforce Pell
Grants, disaggregated by source of such grant aid;
``(D) the median earnings of students as such term
is defined in section 481(b)(3)(E);
``(E) the median earnings of students who did not
complete the program and received Federal financial
assistance under this title;
``(F) the ratio of the amount described in
subparagraph (C) to the value-added earnings (as such
term is defined in section 481(b)(3)(E)) of students
and an explanation, in clear and plain language, of
this ratio;
``(G) in the case of a program that prepares
students for a professional licensure or certification
examination, the share of such students who pass such
examinations;
``(H) the number of students enrolled in the
program during the most recent academic year for which
data is available;
``(I) the percentage of students who enroll in the
program and who complete the program within--
``(i) 100 percent of the normal time for
completion of such program;
``(ii) 150 percent of the normal time for
completion of such program; and
``(iii) 200 percent of the normal time for
completion of such program;
``(J) the percentage of students who are employed
not later than 180 days and 1 year, respectively, after
completing the program;
``(K) the percentage of individuals--
``(i) who have completed such program; and
``(ii) 1 year 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));
``(L) the percentage of students who enroll in a
certificate or degree program at any institution of
higher education within 1 year of completing such
program; and
``(M) the percentage of students who complete a
subsequent certificate or degree program at any
institution of higher education within 6 years of
completing such program.
``(3) Data disaggregation.--The information in
subparagraphs (D), (E), and (H) through (M) shall be
disaggregated by--
``(A) sex;
``(B) race and ethnicity;
``(C) income quintile, as defined by the Secretary;
and
``(D) status as a recipient of a Workforce Pell
Grant.
``(4) 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 the steps described in
paragraph (5), and any other steps determined by the Secretary
to be necessary to make publicly available such data in
accordance with such laws and regulations.
``(5) Small programs.--
``(A) Aggregation.--For purposes of publishing the
information described in this subsection with respect
to an eligible workforce program, for any year for
which the number of students is determined by the
Secretary to be of insufficient size to maintain the
privacy of student data, the Secretary shall, to obtain
data for a sufficient number of students to maintain
student privacy--
``(i) aggregate up to 4 years of additional
data for such program;
``(ii) only if the aggregated data under
clause (i) is insufficient to maintain student
privacy or cannot be aggregated, aggregate data
for students who completed or were enrolled in,
as applicable, similar programs at the
institution (as determined using the first 4
digits of the CIP codes); or
``(iii) only if the aggregated data under
clause (ii) is insufficient to maintain student
privacy or cannot be aggregated, aggregate data
with respect to all students who completed or
were enrolled in, as applicable, any program of
the institution of the same credential level,
in lieu of data specific to students in such
program.
``(B) Notification of aggregation.--The Secretary
shall prominently indicate whether data published under
this subsection has been aggregated in accordance with
subparagraph (A).
``(C) CIP code defined.--For purposes of this
paragraph, the term `CIP code' means the 6-digit
taxonomic identification code assigned by an
institution of higher education to a specific program
of study at the institution, determined by the
institution in accordance with the Classification of
Instructional Programs published by the National Center
for Education Statistics.''.
SEC. 5. ACCREDITING AGENCY DETERMINATION OF ELIGIBILITY REQUIREMENTS
FOR THE WORKFORCE PELL GRANTS PROGRAM.
(a) References.--Except as otherwise expressly provided, whenever
in this section an amendment or reference is expressed in terms of an
amendment or reference to a section or other provision, the amendment
or reference shall be considered to be made to a section or other
provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(b) Recognition of Accrediting Agency or Association.--Section
496(a)(4) (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 under 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 an eligible program--
``(i) the agency or association's standards include
a process for determining if the institution has the
capability to effectively offer such program; and
``(ii) the agency or association requires a
demonstration that the program satisfies the
requirements of section 481(b)(3)(A)(iv).''.
(c) Prospective Accreditors.--The Secretary--
(1) in the case of an accrediting agency or association
that is not recognized under section 496 (20 U.S.C. 1099b) and
that is seeking initial recognition to evaluate only eligible
programs under section 481(b)(3) (20 U.S.C. 1088(b)), may only
recognize such agency or association for such purpose if such
agency or association demonstrates, in the application
submitted under such section 496 for such recognition,
compliance with the requirements of such section for at least 1
year prior to the date on which such application is submitted;
(2) shall, not later than 1 year after receiving such an
application, make a recommendation with respect to whether such
agency or association should be recognized for such purpose;
and
(3) shall, after making the recommendation described in
paragraph (2), direct the National Advisory Committee on
Institutional Quality and Integrity (as established by section
114 (20 U.S.C. 1011c)) (hereinafter referred to as ``NACIQI'')
to, at the first scheduled meeting of such Committee following
such a recommendation--
(A) evaluate the recognition of the agency or
association; and
(B) advise the Secretary with respect to whether
the agency or association meets the criteria under
section 496(a)(4)(C) (20 U.S.C. 1099b(a)(4)) (as added
by subsection (b)).
(d) Technical Assistance.--The Secretary shall provide technical
assistance to any prospective accrediting agency or association seeking
initial recognition by the Secretary under section 496 (20 U.S.C.
1099b), including with respect to recognition to evaluate institutions
with an eligible Workforce Pell Grants program.
(e) Additional NACIQI Review Meetings.--For the purpose of
preparing for the implementation of the Workforce Pell Grant program
under section 401(k) (20 U.S.C. 1070a) (as added by section 2), and in
addition to the meetings required under section 114(d)(1) (20 U.S.C.
1011c(d)(1)), NACIQI shall, for the period beginning on the date of the
enactment of this Act and ending on December 31, 2030, hold meetings to
evaluate the recognition of prospective accrediting agencies or
associations described in subsection (c) and the addition to the scope
of recognition of accrediting agencies and associations under section
496(a)(4)(C) (20 U.S.C. 1099b(a)(4)).
(f) Interim Accreditation Authority.--
(1) Notification.--Beginning on the date of the enactment
of this Act, a recognized accrediting agency or association
that seeks, for the first time, to add to its scope of
recognition the evaluation of the quality of institutions
offering an eligible program under section 481(b)(3) (20 U.S.C.
1088(b)) may include within its scope of recognition the
evaluation of such institutions if such agency or association--
(A) submits to the Secretary a notification of the
agency 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) (20 U.S.C.
1099b(a)(4)) (as added by subsection (b)).
(2) Review of scope of changes.--Upon receipt of a
notification from an accrediting agency or association
described in subparagraph (A), the Secretary shall direct
NACIQI 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) (20 U.S.C. 1099b(a)(4)) (as added by
subsection (b)).
(3) Termination of interim authority.--The interim
authority granted to an agency or association under this
paragraph shall terminate on the earlier of--
(A) the date that is 5 years after the date of the
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) (20 U.S.C. 1099b(a)(4)) (as
added by subsection (b)).
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to impose or increase an
occupational licensing or certification requirement on eligible
programs under this title.
SEC. 7. AGREEMENTS WITH APPLICABLE EDUCATIONAL INSTITUTIONS.
(a) Direct Loans.--Section 454(a) of the Higher Education Act of
1965 (20 U.S.C. 1087d(a)) is amended--
(1) in paragraph (5), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) notwithstanding any other provision of this Act, for
the award year beginning on July 1, 2024, and each subsequent
award year, if such institution is an applicable educational
institution (as defined in section 4968(b) of title 26, United
States Code), provide that such institution may not award--
``(A) a Federal Direct Stafford Loan, a Federal
Direct Unsubsidized Stafford Loan, or a Federal Direct
Plus Loan to any eligible student; or
``(B) a Federal Direct Plus Loan to a parent of an
eligible dependent undergraduate student if such
student is eligible for a Federal Pell Grant.''.
(b) Federal Supplemental Educational Opportunity Grants.--Section
413C(a) of the Higher Education Act of 1965 (20 U.S.C. 1070b-2(a)) is
amended--
(1) in paragraph (3), by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv), respectively;
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(3) in the matter preceding subparagraph (A), as so
redesignated, by striking ``Assistance may'' and inserting
``(1) In general.--Assistance may''; and
(4) by adding at the end the following:
``(2) Exception.--(A) In addition to the requirements under
paragraph (1), for the award year beginning on July 1, 2024 and
each subsequent award year, an institution that is an
applicable educational institution (as defined in section
4968(b) of title 26, United States Code) may only receive
assistance under this subpart if such institution guarantees
that, for each such award year--
``(i) the institution will make available to each
student who is enrolled at the institution and who is
eligible for a Federal Pell Grant under section 401, an
amount, derived from only non-Federal resources, that
is not less than the maximum amount that may be awarded
to a student under section 413B(a)(1), to be provided
to such a student as emergency financial assistance in
the event that the student is in need of such
assistance; and
``(ii) the percentage of students enrolled at such
institution who are eligible for a Federal Pell grant
will be equal to or greater than the percentage of
students who were enrolled at such institution and were
eligible for a Federal Pell grant in the award year
during which the Bipartisan Workforce Pell Act was
enacted.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to implement the amendments
made by this Act $40,000,000 for fiscal year 2025 and $30,000,000 for
each of the 4 succeeding fiscal years.
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