Senate Amendment SA 2090 to S. 1260, Job Training Pell Grants, May 26, 2021 — Congressional Record
Summary
Congressional Record, Senate, page S3541, May 26, 2021. The page opens with text assigning duties to an Ambassador-at-large for Arctic Affairs, including advising the Secretary of State on Arctic affairs, and providing for funding and an Arctic Region Security Policy. SA 2090, submitted by Kaine (for himself and Portman) to amendment SA 1502 proposed by Schumer, includes a section on Eliminating Short-Term Education Loan Programs, Job Training Federal Pell Grants, and Technical Corrections. The text provides that the Secretary shall eliminate the short-term education loan program 120 days after the Secretary establishes the application for Job Training Federal Pell Grants, and sets conditions for job training programs, including training aligned with high-skill, high-wage, or in-demand industry sectors.
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“Senate Amendment SA 2090 to S. 1260, Job Training Pell Grants, May 26, 2021 — Congressional Record.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-05-26-crec-2021-05-26-pt1-pgs3541-ba98d8bc8f/
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May 26, 2021 CONGRESSIONAL RECORD — SENATE S3541
European and Eurasian Affairs, and other (D) to develop mutually agreed upon multi- ‘‘(II) provides training aligned with the re-
relevant bureaus; lateral policies among Arctic nations on the quirements of high-skill, high-wage, or in-de-
(9) subject to the direction of the President management of maritime transit routes mand industry sectors or occupations in the
and the Secretary of State, represent the through the Arctic Region and work coop- State or local area in which the job training
United States with respect to matters and eratively on the transit policies for access to program is provided, as determined by—
cases relevant to Arctic affairs in— and transit in the Arctic Region by non-Arc- ‘‘(aa) a State board or local board;
(A) contacts with foreign governments, tic nations; and ‘‘(bb) a State plan, as described in section
intergovernmental organizations, and spe- (E) to facilitate the development of Arctic 122(d)(13)(C) of the Carl D. Perkins Career
cialized agencies of the United Nations, the Region Security Action Plans to ensure sta- and Technical Education Act of 2006; or
Arctic Council, and other international orga- bility and public safety in disaster situations ‘‘(cc) a comprehensive local needs assess-
nizations of which the United States is a in a humane and responsible fashion; and ment, as described in section 134(c) of the
member; and (6) to evaluate the vulnerability, security, Carl D. Perkins Career and Technical Edu-
(B) multilateral conferences and meetings survivability, and resiliency of United States cation Act of 2006;
relating to Arctic affairs; interests and non-defense assets in the Arc- ‘‘(III) is a program—
(10) serve as the principal advisor to the tic Region.
‘‘(aa) provided through an eligible training
Secretary of State and as the senior advisor --- provider, as described under section 122(d) of
to the President regarding matters affecting SA 2090. Mr. KAINE (for himself and
the Workforce Innovation and Opportunity
Arctic affairs; Mr. PORTMAN) submitted an amend-
Act; and
(11) make recommendations regarding the ment intended to be proposed to ‘‘(bb) subject to the reporting requirements
policies of the United States relating to Arc- amendment SA 1502 proposed by Mr. of section 116(d)(4) of the Workforce Innova-
tic affairs; SCHUMER to the bill S. 1260, to establish tion and Opportunity Act, or would be sub-
(12) assist the Bureau of European and Eur- a new Directorate for Technology and ject to such requirements except for a waiver
asian Affairs with the development and im- Innovation in the National Science issued to a State under section 189(i) of the
plementation of the Arctic Region Security Foundation, to establish a regional Workforce Innovation and Opportunity Act;
Policy pursuant to subsection (g); and
(13) perform such other duties and exercise
technology hub program, to require a ‘‘(IV) provides a student, upon completion
strategy and report on economic secu- of the program, with a degree or recognized
such powers as the Secretary of State shall
rity, science, research, innovation, postsecondary credential that is stackable
prescribe.
manufacturing, and job creation, to es- and portable across multiple employers and
(f) FUNDING.—The Secretary of State shall geographical areas;
provide the Ambassador-at-large with such tablish a critical supply chain resil-
‘‘(V) has demonstrated that students who
funds as may be necessary to carry out the iency program, and for other purposes;
complete the program receive a median in-
duties described in subsection (e). which was ordered to lie on the table; crease of 20 percent of the total earnings of
(g) ARCTIC REGION SECURITY POLICY.—The as follows: students who complete the program, in ac-
Bureau of European and Eurasian Affairs At the end of subtitle C of title I of divi- cordance with paragraph (2);
shall be the lead bureau for developing and sion F, add the following: ‘‘(VI) publishes prominently on the website
implementing the United States’ Arctic Re- SEC. 6125.
ELIMINATING SHORT-TERM EDU- of the institution, and provides a written dis-
gion Security Policy, in coordination with CATION LOAN PROGRAMS; JOB
closure to each prospective student prior to
the Ambassador-at-large for Arctic Affairs, TRAINING FEDERAL PELL GRANTS;
TECHNICAL CORRECTIONS. entering into an enrollment agreement for
the Bureau of Oceans and International En- such program (which each such student shall
vironmental and Scientific Affairs, the Bu- (a) ELIMINATING SHORT-TERM EDUCATION
LOAN PROGRAMS.—Section 481(b) of the High- confirm receiving through a written affirma-
reau of Political-Military Affairs, embassies, tion prior to entering such enrollment agree-
other regional bureaus, and relevant offices er Education Act of 1965 (20 U.S.C. 1088(b)) is
amended by adding at the end the following: ment) containing, at a minimum, the fol-
to advance United States national security
‘‘(5) The Secretary shall eliminate the lowing information calculated, as applicable,
interests, including through conflict preven-
short-term education loan program, as au- in accordance with paragraph (8)—
tion efforts, security assistance, humani-
thorized under paragraph (2), on the date ‘‘(aa) the required tuition and fees of the
tarian disaster response and prevention, and
that is 120 days after the date the Secretary program;
economic and other relevant assistance pro-
establishes the application for Job Training ‘‘(bb) the difference between required tui-
grams. The Arctic Region Security Policy
Federal Pell Grants under section 401(k).’’. tion and fees described in item (aa) and any
shall assess, develop, budget for, and imple- (b) TECHNICAL CORRECTIONS.—Section 481(d) grant aid (which does not need to be repaid)
ment plans, policies, and actions— of the Higher Education Act of 1965 (20 U.S.C. provided to the student;
(1) to bolster the diplomatic presence of 1088(d)) is amended— ‘‘(cc) the completion rate of the program;
the United States in Arctic nations, includ- (1) in paragraph (4)—
ing through enhancements to diplomatic ‘‘(dd) the percentage of students placed or
(A) in subparagraph (A), by striking retained in employment, measured at not
missions and facilities, participation in re- ‘‘under section 12301(a), 12301(g), 12302, 12304,
gional and bilateral dialogues related to Arc- less than 6 months and 1 year, respectively,
or 12306 of title 10, United States Code, or after completion of the program;
tic security, and coordination of United any retired member of an Armed Force or-
States initiatives and assistance programs ‘‘(ee) total earnings of students who com-
dered to active duty under section 688 of plete the program not less than 6 months
across agencies to protect the national secu- such title,’’ and inserting ‘‘, or any retired
rity of the United States and its allies and after completion of the program;
member of an Armed Force ordered to active ‘‘(ff) total earnings of students who do not
partners; duty,’’; and
(2) to enhance the resilience capacities of complete the program;
(B) in subparagraph (B), by striking ‘‘an ‘‘(gg) the ratio of the amount that is the
Arctic nations to the effects of environ- Armed Force’’ and inserting ‘‘a Uniformed
mental change and increased civilian and difference between required tuition and fees
Service’’; and and any grant aid provided to the student de-
military activity by Arctic nations and (2) in paragraph (5), by striking ‘‘and sup-
other nations that may result from increased scribed in item (bb) to the total earnings of
ported by Federal funds’’. students who complete the program not less
accessibility of the Arctic Region; (c) CURRENT ENACTMENT OF JOB TRAINING
(3) to assess specific added risks to the Arc- than 6 months after completion of the pro-
FEDERAL PELL GRANT PROGRAM.—Section 401
tic Region and Arctic nations that— of the Higher Education Act of 1965 (20 U.S.C. gram described in item (ee);
(A) are vulnerable to the changing Arctic 1070a) is amended by adding at the end the ‘‘(hh) an explanation, in clear and plain
environment; and following: language, of the ratio described in item (gg);
(B) are strategically significant to the ‘‘(k) JOB TRAINING FEDERAL PELL GRANT and
United States; PROGRAM.— ‘‘(ii) in the case of a job training program
(4) to coordinate the integration of envi- ‘‘(1) DEFINITIONS.—In this subsection: that prepares students for a professional li-
ronmental change and national security risk ‘‘(A) CAREER AND TECHNICAL EDUCATION.— cense or certification exam, the share of
and vulnerability assessments into the deci- The term ‘career and technical education’ such students who pass such exams;
sion making process on foreign assistance has the meaning given the term in section 3 ‘‘(VII) has been determined by the eligible
awards to Greenland; of the Carl D. Perkins Career and Technical institution of higher education (after valida-
(5) to advance principles of good govern- Education Act. tion of that determination by an industry or
ance by encouraging and cooperating with ‘‘(B) ELIGIBLE JOB TRAINING PROGRAM.— sector partnership or State board or local
Arctic nations on collaborative approaches— ‘‘(i) IN GENERAL.—The term ‘eligible job board) to provide academic content, an
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(A) to responsibly manage natural re- training program’ means a career and tech- amount of instructional time, and com-
sources in the Arctic Region; nical education program at an eligible insti- petencies to satisfy any applicable edu-
(B) to share the burden of ensuring mari- tution of higher education that— cational requirement for professional licen-
time safety in the Arctic Region; ‘‘(I) provides not less than 150, and not sure or certification, so that the student who
(C) to prevent the escalation of security more than 600, clock hours of instructional completes the program and seeks employ-
tensions by mitigating against the mili- time over a period of not less than 8 weeks ment is qualified to take any licensure or
tarization of the Arctic Region; and not more than 15 weeks; certification examination needed to practice
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S3542 CONGRESSIONAL RECORD — SENATE May 26, 2021
or find employment in such sectors or occu- gram is meeting the requirements of an eli- graph (1)(B)(i)(V) with respect to whether the
pations that the program prepares students gible job training program described in this students who complete the program receive a
to enter; subsection. median increase of 20 percent of such stu-
‘‘(VIII) has been in operation for not less ‘‘(v) REVOCATION OF APPROVAL BY THE SEC- dents’ total earnings. For the purposes of
than 1 year prior to becoming an eligible job RETARY.—If at any time the Secretary deter- this paragraph, the Secretary shall deter-
training program under this subsection; mines that a program previously approved mine such percentage increase by calcu-
‘‘(IX) does not exceed by more than 50 per- under clause (ii) or (iii) is no longer meeting lating the difference between the total earn-
cent the minimum number of clock hours re- any of the requirements of an eligible job ings of students who enroll in such programs
quired by a State to receive a professional li- training program described in this sub- not more than 6 months prior to enrollment,
cense or certification in the State, if the section, the Secretary— and the earnings of students who complete
State has established such a requirement; ‘‘(I) shall deny a subsequent renewal of ap- such program not more than 6 months after
‘‘(X) includes institutional credit articula- proval in accordance with clause (iii) for completing such program.
tion for a student enrolled in a noncredit job such program after the expiration of the ap-
‘‘(B) DATE OF EFFECT.—The requirement
training program; proval period;
under this paragraph shall take effect begin-
‘‘(XI) is not offered exclusively through ‘‘(II) may withdraw approval for such pro-
ning on the date that is 1 year after the date
distance education or a correspondence gram before the expiration of the approval
course, except as determined by the Sec- period; the program has been approved as an eligible
retary to be necessary, on a temporary basis, ‘‘(III) shall ensure students who enrolled in job training program under this subsection.
in connection with a— such programs have access to transcripts for ‘‘(3) APPEAL OF EARNINGS INFORMATION.—
‘‘(aa) major disaster or emergency declared completed coursework without a fee or mon- The Secretary’s determination under para-
by the President under section 401 or 501 of etary charge and without regard to any bal- graph (2) may include an appeals process to
the Robert T. Stafford Disaster Relief and ance owed to the institution; and permit job training programs to submit al-
Emergency Assistance Act (42 U.S.C. 5170 ‘‘(IV) shall prohibit such program and any ternate discretionary or total earnings data,
and 5191); or substantially similar program, from being respectively, provided that such data are sta-
‘‘(bb) national emergency declared by the considered an eligible job training described tistically rigorous, accurate, comparable,
President under section 201 of the National in this subsection for a period of not less and representative of students who complete
Emergencies Act (50 U.S.C. 1601 et seq.); than 5 years. the program.
‘‘(XII) is provided not less than 50 percent ‘‘(vi) ADDITIONAL ASSURANCE BY STATE ‘‘(4) AUTHORIZATION OF AWARDS.—The Sec-
directly by the eligible institution of higher BOARD.—The Secretary shall not determine retary shall award Federal Pell Grants to
education; that a program is an eligible job training students in eligible job training programs
‘‘(XIII) may include integrated education program in accordance with clause (ii) unless (referred to as a ‘job training Federal Pell
and training; and the Secretary receives a certification from Grant’). Each eligible job training Federal
‘‘(XIV) may be offered as part of a program the State board representing the State in Pell Grant awarded under this subsection
that— which the eligible job training program is shall have the same terms and conditions,
‘‘(aa) meets the requirements of section provided, containing an assurance that the and be awarded in the same manner, as other
484(d)(2); program meets the requirements of clause Federal Pell Grants awarded under sub-
‘‘(bb) is part of a career pathway, as de- (i). section (b), except a student who is eligible
fined in section 3 of the Workforce Innova- ‘‘(C) TOTAL EARNINGS.—For the purposes of to receive a job training Federal Pell Grant
tion and Opportunity Act; and this subsection, the term ‘total earnings’ under this subsection is a student who—
‘‘(cc) is aligned to a program of study, as means the median annual earnings. ‘‘(A) has not yet attained a
defined in section 3 of the Carl D. Perkins ‘‘(D) ELIGIBLE INSTITUTION OF HIGHER EDU- postbaccalaureate degree;
Career and Technical Education Act of 2006. CATION.—For the purposes of this subsection, ‘‘(B) is enrolled, or accepted for enroll-
‘‘(ii) APPROVAL BY THE SECRETARY.— the term ‘eligible institution of higher edu- ment, in an eligible job training program at
‘‘(I) IN GENERAL.—In the case of a program cation’ means— an eligible institution of higher education;
that is seeking to establish initial eligibility ‘‘(i) an institution of higher education, as and
as an eligible job training program under defined in section 101; ‘‘(C) meets all other eligibility require-
this subparagraph, the Secretary shall make ‘‘(ii) a postsecondary vocational institu- ments for a Federal Pell Grant (except with
a determination whether the program meets tion, as defined in section 102(c); and respect to the type of program of study, as
the requirements of this subparagraph not ‘‘(iii) an institution of higher education— provided in subparagraph (B)).
more than 120 days after the date on which ‘‘(I) approved by an accrediting agency or ‘‘(5) AMOUNT OF AWARD.—The amount of a
such program is submitted for consideration association that meets the requirements of job training Federal Pell Grant for an eligi-
as an eligible job training program. If the section 496(a)(4)(C);
ble student shall be determined under sub-
Secretary determines the program meets the ‘‘(II) that has not been a proprietary insti-
section (b), except that a student who is eli-
requirements of this paragraph, the Sec- tution of higher education, as defined in sec-
gible for less than the minimum Federal Pell
retary shall grant an initial period of ap- tion 102(b), within the previous 3 years; and
Grant because the eligible job training pro-
proval of 2 years. The Secretary shall enable ‘‘(III) that has not been subject, during any
gram is less than an academic year (in clock-
institutions to apply for eligible job training of the preceding 5 years, to—
program approval not later than 1 year after ‘‘(aa) any suspension, emergency action, or hours and weeks of instructional time) may
the date of enactment of the United States termination of programs under this title; still be eligible for a Federal Pell Grant.
Innovation and Competition Act of 2021. ‘‘(bb) any adverse action by the institu- ‘‘(6) INCLUSION IN TOTAL ELIGIBILITY PE-
‘‘(II) PUBLICATION OF APPLICATION.—Not tion’s accrediting agency or association; or RIOD.—Any period during which a student re-
later than 1 year after date of enactment of ‘‘(cc) any action by the State to revoke a ceives a job training Federal Pell Grant
the United States Innovation and Competi- license or other authority to operate. under this subsection shall be included in
tion Act of 2021, the Secretary shall publish ‘‘(E) INSTITUTIONAL CREDIT ARTICULATION.— calculating the student’s period of eligibility
the application for job training programs to The term ‘institutional credit articulation’ for Federal Pell Grants under subsection (d),
submit for approval as eligible job training means the situation where an institution of and the eligibility requirements regarding
programs. The information required to deter- higher education provides a student who has students who are enrolled in an under-
mine eligibility in such application shall be completed a noncredit program with the graduate program on less than a full-time
consistent with the requirements described equivalent academic credit that may be ap- basis shall similarly apply to students who
in this subparagraph. plied to a subsequent credit-bearing certifi- are enrolled in an eligible job training pro-
‘‘(iii) RENEWAL OF APPROVAL BY THE SEC- cate or degree program upon enrollment in gram at an eligible institution of higher edu-
RETARY.—An eligible job training program such program at such institution. cation on less than a full-time basis.
that desires to continue eligibility as an eli- ‘‘(F) WIOA DEFINITIONS.—The terms ‘indus- ‘‘(7) SAME PAYMENT PERIOD.—No student
gible job training program after the period of try or sector partnership’, ‘in-demand indus- may for the same payment period receive
initial approval described in clause (ii), or try sector or occupation’, ‘recognized post- both a job training Federal Pell Grant under
the subsequent period described in this secondary credential’, ‘local board’, and this subsection and a Federal Pell Grant
clause, shall submit a renewal application to ‘State board’ have the meanings given such under this section.
the Secretary (with such information as the terms in section 3 of the Workforce Innova- ‘‘(8) INTERAGENCY DATA SHARING AND DATA
Secretary may require), not more than 270 tion and Opportunity Act. COLLECTION.—
days and not less than 180 days before the ‘‘(2) TOTAL EARNINGS INCREASE REQUIRE- ‘‘(A) INTERAGENCY DATA SHARING.—The Sec-
end of the previous approval period. If the MENT.— retary shall coordinate and enter into a data
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Secretary determines the program meets ‘‘(A) IN GENERAL.—Subject to subparagraph sharing agreement with the Secretary of
such requirements, the Secretary shall grant (B), as a condition of participation under Labor to ensure access to data necessary to
another period of approval for 3 years. this subsection, the Secretary shall, using implement this paragraph, including such
‘‘(iv) PERIODIC REVIEW BY THE SECRETARY.— the data collected under paragraph (8) and data related to indicators of performance
The Secretary shall periodically review a such other information as the Secretary may collected under section 116 of the Workforce
program previously approved under clause require, determine whether such job training Innovation and Opportunity Act (29 U.S.C.
(ii) or (iii) to determine whether such pro- program meets the requirements of para- 3141).
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May 26, 2021 CONGRESSIONAL RECORD — SENATE S3543
‘‘(B) DATA ON ELIGIBLE JOB TRAINING PRO- collection, provided that such data are sta- ‘‘(bb) the difference between required tui-
GRAMS.—Except as provided under subpara- tistically rigorous, accurate, comparable, tion and fees described in item (aa) and any
graph (C), each institution of higher edu- and representative. grant aid (which does not need to be repaid)
cation offering an eligible job training pro- ‘‘(D) REPORT.—Not later than July 1, 2025, provided to the student;
gram for which the Secretary awards job the Secretary shall— ‘‘(cc) the completion rate of the program;
training Federal Pell Grants under this sub- ‘‘(i) submit to the Committee on Health, ‘‘(dd) the percentage of students placed or
section, the Secretary shall, on at least an Education, Labor, and Pensions of the Sen- retained in employment, measured at not
annual basis, collect and publish data with ate and the Committee on Education and less than 6 months and 1 year, respectively,
respect to each such eligible job training Labor of the House of Representatives a re- after completion of the program;
program, including the following: port on the impact of an eligible job training ‘‘(ee) total earnings of students who com-
‘‘(i) The number and demographics of stu- program for which the Secretary awards job plete the program not less than 6 months
dents who enroll in the program, including, training Federal Pell Grants under this sub- after completion of the program;
at a minimum, disaggregated by— section, based on the most recent data col- ‘‘(ff) total earnings of students who do not
‘‘(I) sex; lected under subparagraph (B); and complete the program;
‘‘(II) race and ethnicity; ‘‘(ii) make the report described in clause (i) ‘‘(gg) the ratio of the amount that is the
‘‘(III) classification as a student with a dis- available publicly on the website of the De- difference between required tuition and fees
ability; partment.’’. and any grant aid provided to the student de-
‘‘(IV) income quintile, as defined by the (d) FUTURE ENACTMENT OF JOB TRAINING scribed in item (bb) to the total earnings of
Secretary; FEDERAL PELL GRANT PROGRAM.— students who complete the program not less
‘‘(V) recipients of assistance under a tui- (1) IN GENERAL.—Section 401 of the Higher than 6 months after completion of the pro-
tion assistance program conducted by the Education Act of 1965 (20 U.S.C. 1070a), as gram described in item (ee);
Department of Defense under section 1784a or amended by section 703 of the FAFSA Sim- ‘‘(hh) an explanation, in clear and plain
2007 of title 10, United States Code (or other plification Act (title VII of division FF of language, of the ratio described in item (gg);
authorities available to the Department of Public Law 116–260), is further amended by and
Defense), or status as a veteran; adding at the end the following: ‘‘(ii) in the case of a job training program
‘‘(VI) status as a first-time student or ‘‘(k) JOB TRAINING FEDERAL PELL GRANT that prepares students for a professional li-
transfer student from another institution; PROGRAM.— cense or certification exam, the share of
‘‘(VII) status as a first-generation student; ‘‘(1) DEFINITIONS.—In this subsection: such students who pass such exams;
‘‘(VIII) status as parent or guardian of 1 or ‘‘(A) CAREER AND TECHNICAL EDUCATION.— ‘‘(VII) has been determined by the eligible
more dependent children; and The term ‘career and technical education’ institution of higher education (after valida-
‘‘(IX) status as a confined or incarcerated has the meaning given the term in section 3 tion of that determination by an industry or
individual, as defined under section of the Carl D. Perkins Career and Technical sector partnership or State board or local
484(t)(1)(A). Education Act. board) to provide academic content, an
‘‘(ii) The number and demographics, ‘‘(B) ELIGIBLE JOB TRAINING PROGRAM.— amount of instructional time, and com-
disaggregated by the categories listed in ‘‘(i) IN GENERAL.—The term ‘eligible job petencies to satisfy any applicable edu-
clause (i), including, at a minimum, of— training program’ means a career and tech- cational requirement for professional licen-
‘‘(I) students who complete the program; nical education program at an eligible insti- sure or certification, so that the student who
and tution of higher education that— completes the program and seeks employ-
‘‘(II) students who do not complete the pro- ‘‘(I) provides not less than 150, and not ment is qualified to take any licensure or
gram. more than 600, clock hours of instructional certification examination needed to practice
‘‘(iii) The required tuition and fees of the time over a period of not less than 8 weeks or find employment in such sectors or occu-
program. and not more than 15 weeks; pations that the program prepares students
‘‘(iv) The earnings of students, ‘‘(II) provides training aligned with the re- to enter;
disaggregated by the categories listed in quirements of high-skill, high-wage, or in-de- ‘‘(VIII) has been in operation for not less
clause (i), including, at a minimum— mand industry sectors or occupations in the than 1 year prior to becoming an eligible job
‘‘(I) total earnings of students who com- State or local area in which the job training training program under this subsection;
plete the program; and program is provided, as determined by— ‘‘(IX) does not exceed by more than 50 per-
‘‘(II) total earnings of students who do not ‘‘(aa) a State board or local board; cent the minimum number of clock hours re-
complete the program. ‘‘(bb) a State plan, as described in section quired by a State to receive a professional li-
‘‘(v) Additional outcomes of the students 122(d)(13)(C) of the Carl D. Perkins Career cense or certification in the State, if the
who complete the program, disaggregated by and Technical Education Act of 2006; or State has established such a requirement;
the categories listed in clause (i), including, ‘‘(cc) a comprehensive local needs assess- ‘‘(X) includes institutional credit articula-
at a minimum— ment, as described in section 134(c) of the tion for a student enrolled in a noncredit job
‘‘(I) the completion rate of such students; Carl D. Perkins Career and Technical Edu- training program;
‘‘(II) the percentage of such students cation Act of 2006; ‘‘(XI) is not offered exclusively through
placed or retained in employment, measured ‘‘(III) is a program— distance education or a correspondence
at not less than 6 months and 1 year, respec- ‘‘(aa) provided through an eligible training course, except as determined by the Sec-
tively, after completion of the program; provider, as described under section 122(d) of retary to be necessary, on a temporary basis,
‘‘(III) in the case of a job training program the Workforce Innovation and Opportunity in connection with a—
that prepares students for a professional li- Act; and ‘‘(aa) major disaster or emergency declared
cense or certification exam, the share of ‘‘(bb) subject to the reporting requirements by the President under section 401 or 501 of
such students who pass such exams; of section 116(d)(4) of the Workforce Innova- the Robert T. Stafford Disaster Relief and
‘‘(IV) the share of such students who con- tion and Opportunity Act, or would be sub- Emergency Assistance Act (42 U.S.C. 5170
tinue enrollment at the institution of higher ject to such requirements except for a waiver and 5191); or
education offering the program within 1 issued to a State under section 189(i) of the ‘‘(bb) national emergency declared by the
year; Workforce Innovation and Opportunity Act; President under section 201 of the National
‘‘(V) the share of such students who trans- ‘‘(IV) provides a student, upon completion Emergencies Act (50 U.S.C. 1601 et seq.);
fer to another institution of higher edu- of the program, with a degree or recognized ‘‘(XII) is provided not less than 50 percent
cation within 1 year; and postsecondary credential that is stackable directly by the eligible institution of higher
‘‘(VI) the share of such students who com- and portable across multiple employers and education;
plete a subsequent certificate or degree pro- geographical areas; ‘‘(XIII) may include integrated education
gram within 6 years. ‘‘(V) has demonstrated that students who and training; and
‘‘(C) EXCEPTIONS.—Notwithstanding any complete the program receive a median in- ‘‘(XIV) may be offered as part of a program
other provision of this paragraph— crease of 20 percent of the total earnings of that—
‘‘(i) if disclosure of disaggregated data students who complete the program, in ac- ‘‘(aa) meets the requirements of section
under subparagraph (B) is prohibited from cordance with paragraph (2); 484(d)(2);
disclosure due to applicable privacy restric- ‘‘(VI) publishes prominently on the website ‘‘(bb) is part of a career pathway, as de-
tions, the Secretary may take such steps as of the institution, and provides a written dis- fined in section 3 of the Workforce Innova-
the Secretary determines necessary to pro- closure to each prospective student prior to tion and Opportunity Act; and
vide meaningful disaggregated student de- entering into an enrollment agreement for ‘‘(cc) is aligned to a program of study, as
mographic or outcome information, includ- such program (which each such student shall defined in section 3 of the Carl D. Perkins
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ing by combining categories; and confirm receiving through a written affirma- Career and Technical Education Act of 2006.
‘‘(ii) an institution may submit, and the tion prior to entering such enrollment agree- ‘‘(ii) APPROVAL BY THE SECRETARY.—
Secretary may publish, data required to be ment) containing, at a minimum, the fol- ‘‘(I) IN GENERAL.—In the case of a program
collected under subparagraph (B) that is ob- lowing information calculated, as applicable, that is seeking to establish initial eligibility
tained through a State Unemployment In- in accordance with paragraph (8)— as an eligible job training program under
surance Agency or through other supple- ‘‘(aa) the required tuition and fees of the this subparagraph, the Secretary shall make
mental means, in lieu of any additional data program; a determination whether the program meets
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S3544 CONGRESSIONAL RECORD — SENATE May 26, 2021
the requirements of this subparagraph not ‘‘(iii) an institution of higher education— ‘‘(5) AMOUNT OF AWARD.—The amount of a
more than 120 days after the date on which ‘‘(I) approved by an accrediting agency or job training Federal Pell Grant for an eligi-
such program is submitted for consideration association that meets the requirements of ble student shall be determined under sub-
as an eligible job training program. If the section 496(a)(4)(C); section (b), except that a student who is eli-
Secretary determines the program meets the ‘‘(II) that has not been a proprietary insti- gible for less than the minimum Federal Pell
requirements of this paragraph, the Sec- tution of higher education, as defined in sec- Grant because the eligible job training pro-
retary shall grant an initial period of ap- tion 102(b), within the previous 3 years; and gram is less than an academic year (in clock-
proval of 2 years. The Secretary shall enable ‘‘(III) that has not been subject, during any hours and weeks of instructional time) may
institutions to apply for eligible job training of the preceding 5 years, to— still be eligible for a Federal Pell Grant.
program approval not later than 1 year after ‘‘(aa) any suspension, emergency action, or ‘‘(6) INCLUSION IN TOTAL ELIGIBILITY PE-
the date of enactment of the United States termination of programs under this title; RIOD.—Any period during which a student re-
Innovation and Competition Act of 2021. ‘‘(bb) any adverse action by the institu- ceives a job training Federal Pell Grant
‘‘(II) PUBLICATION OF APPLICATION.—Not tion’s accrediting agency or association; or under this subsection shall be included in
later than 1 year after date of enactment of ‘‘(cc) any action by the State to revoke a calculating the student’s period of eligibility
the United States Innovation and Competi- license or other authority to operate. for Federal Pell Grants under subsection (d),
tion Act of 2021, the Secretary shall publish ‘‘(E) INSTITUTIONAL CREDIT ARTICULATION.— and the eligibility requirements regarding
the application for job training programs to The term ‘institutional credit articulation’ students who are enrolled in an under-
submit for approval as eligible job training means the situation where an institution of graduate program on less than a full-time
programs. The information required to deter- higher education provides a student who has
basis shall similarly apply to students who
mine eligibility in such application shall be completed a noncredit program with the
are enrolled in an eligible job training pro-
consistent with the requirements described equivalent academic credit that may be ap-
gram at an eligible institution of higher edu-
in this subparagraph. plied to a subsequent credit-bearing certifi-
cation on less than a full-time basis.
‘‘(iii) RENEWAL OF APPROVAL BY THE SEC- cate or degree program upon enrollment in
‘‘(7) SAME PAYMENT PERIOD.—No student
RETARY.—An eligible job training program such program at such institution.
may for the same payment period receive
that desires to continue eligibility as an eli- ‘‘(F) WIOA DEFINITIONS.—The terms ‘indus-
both a job training Federal Pell Grant under
gible job training program after the period of try or sector partnership’, ‘in-demand indus-
initial approval described in clause (ii), or try sector or occupation’, ‘recognized post- this subsection and a Federal Pell Grant
the subsequent period described in this secondary credential’, ‘local board’, and under this section.
clause, shall submit a renewal application to ‘State board’ have the meanings given such ‘‘(8) INTERAGENCY DATA SHARING AND DATA
COLLECTION.—
the Secretary (with such information as the terms in section 3 of the Workforce Innova-
Secretary may require), not more than 270 tion and Opportunity Act. ‘‘(A) INTERAGENCY DATA SHARING.—The Sec-
days and not less than 180 days before the ‘‘(2) TOTAL EARNINGS INCREASE REQUIRE- retary shall coordinate and enter into a data
end of the previous approval period. If the MENT.— sharing agreement with the Secretary of
Secretary determines the program meets ‘‘(A) IN GENERAL.—Subject to subparagraph Labor to ensure access to data necessary to
such requirements, the Secretary shall grant (B), as a condition of participation under implement this paragraph, including such
another period of approval for 3 years. this subsection, the Secretary shall, using data related to indicators of performance
‘‘(iv) PERIODIC REVIEW BY THE SECRETARY.— the data collected under paragraph (8) and collected under section 116 of the Workforce
The Secretary shall periodically review a such other information as the Secretary may Innovation and Opportunity Act (29 U.S.C.
program previously approved under clause require, determine whether such job training 3141).
(ii) or (iii) to determine whether such pro- program meets the requirements of para- ‘‘(B) DATA ON ELIGIBLE JOB TRAINING PRO-
gram is meeting the requirements of an eli- graph (1)(B)(i)(V) with respect to whether the GRAMS.—Except as provided under subpara-
gible job training program described in this students who complete the program receive a graph (C), each institution of higher edu-
subsection. median increase of 20 percent of such stu- cation offering an eligible job training pro-
‘‘(v) REVOCATION OF APPROVAL BY THE SEC- dents’ total earnings. For the purposes of gram for which the Secretary awards job
RETARY.—If at any time the Secretary deter- this paragraph, the Secretary shall deter- training Federal Pell Grants under this sub-
mines that a program previously approved mine such percentage increase by calcu- section, the Secretary shall, on at least an
under clause (ii) or (iii) is no longer meeting lating the difference between the total earn- annual basis, collect and publish data with
any of the requirements of an eligible job ings of students who enroll in such programs respect to each such eligible job training
training program described in this sub- not more than 6 months prior to enrollment, program, including the following:
section, the Secretary— and the earnings of students who complete ‘‘(i) The number and demographics of stu-
‘‘(I) shall deny a subsequent renewal of ap- such program not more than 6 months after dents who enroll in the program, including,
proval in accordance with clause (iii) for completing such program. at a minimum, disaggregated by—
such program after the expiration of the ap- ‘‘(B) DATE OF EFFECT.—The requirement ‘‘(I) sex;
proval period; under this paragraph shall take effect begin- ‘‘(II) race and ethnicity;
‘‘(II) may withdraw approval for such pro- ning on the date that is 1 year after the date ‘‘(III) classification as a student with a dis-
gram before the expiration of the approval the program has been approved as an eligible ability;
period; job training program under this subsection. ‘‘(IV) income quintile, as defined by the
‘‘(III) shall ensure students who enrolled in ‘‘(3) APPEAL OF EARNINGS INFORMATION.— Secretary;
such programs have access to transcripts for The Secretary’s determination under para- ‘‘(V) recipients of assistance under a tui-
completed coursework without a fee or mon- graph (2) may include an appeals process to tion assistance program conducted by the
etary charge and without regard to any bal- permit job training programs to submit al- Department of Defense under section 1784a or
ance owed to the institution; and ternate discretionary or total earnings data, 2007 of title 10, United States Code (or other
‘‘(IV) shall prohibit such program and any respectively, provided that such data are sta- authorities available to the Department of
substantially similar program, from being tistically rigorous, accurate, comparable, Defense), or status as a veteran;
considered an eligible job training described and representative of students who complete ‘‘(VI) status as a first-time student or
in this subsection for a period of not less the program. transfer student from another institution;
than 5 years. ‘‘(4) AUTHORIZATION OF AWARDS.—The Sec- ‘‘(VII) status as a first-generation student;
‘‘(vi) ADDITIONAL ASSURANCE BY STATE retary shall award Federal Pell Grants to ‘‘(VIII) status as parent or guardian of 1 or
BOARD.—The Secretary shall not determine students in eligible job training programs more dependent children; and
that a program is an eligible job training (referred to as a ‘job training Federal Pell ‘‘(IX) status as a confined or incarcerated
program in accordance with clause (ii) unless Grant’). Each eligible job training Federal individual, as defined under section
the Secretary receives a certification from Pell Grant awarded under this subsection 484(t)(1)(A).
the State board representing the State in shall have the same terms and conditions, ‘‘(ii) The number and demographics,
which the eligible job training program is and be awarded in the same manner, as other disaggregated by the categories listed in
provided, containing an assurance that the Federal Pell Grants awarded under sub- clause (i), including, at a minimum, of—
program meets the requirements of clause section (b), except a student who is eligible ‘‘(I) students who complete the program;
(i). to receive a job training Federal Pell Grant and
‘‘(C) TOTAL EARNINGS.—For the purposes of under this subsection is a student who— ‘‘(II) students who do not complete the pro-
this subsection, the term ‘total earnings’ ‘‘(A) has not yet attained a gram.
means the median annual earnings. postbaccalaureate degree; ‘‘(iii) The required tuition and fees of the
‘‘(D) ELIGIBLE INSTITUTION OF HIGHER EDU- ‘‘(B) is enrolled, or accepted for enroll- program.
dlhill on DSK120RN23PROD with SENATE
CATION.—For the purposes of this subsection, ment, in an eligible job training program at ‘‘(iv) The earnings of students,
the term ‘eligible institution of higher edu- an eligible institution of higher education; disaggregated by the categories listed in
cation’ means— and clause (i), including, at a minimum—
‘‘(i) an institution of higher education, as ‘‘(C) meets all other eligibility require- ‘‘(I) total earnings of students who com-
defined in section 101; ments for a Federal Pell Grant (except with plete the program; and
‘‘(ii) a postsecondary vocational institu- respect to the type of program of study, as ‘‘(II) total earnings of students who do not
tion, as defined in section 102(c); and provided in subparagraph (B)). complete the program.
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May 26, 2021 CONGRESSIONAL RECORD — SENATE S3545
‘‘(v) Additional outcomes of the students (3) by adding at the end the following: COMMITTEE ON SMALL BUSINESS AND
who complete the program, disaggregated by ‘‘(C) if such agency or association has or ENTREPRENEURSHIP
the categories listed in clause (i), including, seeks to include within its scope of recogni- The Committee on Small Business
at a minimum— tion the evaluation of the quality of institu- and Entrepreneurship is authorized to
‘‘(I) the completion rate of such students; tions of higher education participating in
‘‘(II) the percentage of such students
meet during the session of the Senate
the job training Federal Pell Grant program
placed or retained in employment, measured under section 401(k), such agency or associa- on Wednesday, May 26, 2021, at 1:30
at not less than 6 months and 1 year, respec- tion shall, in addition to meeting the other p.m., to conduct a hearing.
tively, after completion of the program; requirements of this subpart, demonstrate to COMMITTEE ON VETERANS’ AFFAIRS
‘‘(III) in the case of a job training program the Secretary that, with respect to such eli- The Committee on Veterans’ Affairs
that prepares students for a professional li- gible job training programs (as defined in
cense or certification exam, the share of
is authorized to meet during the ses-
that subsection)—
such students who pass such exams; sion of the Senate on Wednesday, May
‘‘(i) the agency or association’s standards
‘‘(IV) the share of such students who con- include a process for determining if the in- 26, 2021, at 10 a.m., to conduct a hearing
tinue enrollment at the institution of higher stitution has the capability to effectively on nominations and pending legisla-
education offering the program within 1 offer an eligible job training program; and tion.
year; ‘‘(ii) the agency or association requires a SELECT COMMITTEE ON INTELLIGENCE
‘‘(V) the share of such students who trans- demonstration that the program—
fer to another institution of higher edu- The Select Committee on Intel-
‘‘(I) has identified each recognized postsec-
cation within 1 year; and ligence is authorized to meet during
ondary credential offered in the relevant in-
‘‘(VI) the share of such students who com- dustry in the State or local area where the the session of the Senate on Wednes-
plete a subsequent certificate or degree pro- industry is located; and day, May 26, 2021, at 2:30 p.m., to con-
gram within 6 years. ‘‘(II) provides academic content, an duct a closed hearing.
‘‘(C) EXCEPTIONS.—Notwithstanding any amount of instructional time, and com- SUBCOMMITTEE ON STRATEGIC FORCES
other provision of this paragraph— petencies to satisfy any applicable edu-
‘‘(i) if disclosure of disaggregated data The Subcommittee on Strategic
cational requirement for professional licen-
under subparagraph (B) is prohibited from Forces of the Committee on Armed
sure or certification, so that a student who
disclosure due to applicable privacy restric- completes the program and seeks employ- Services is authorized to meet during
tions, the Secretary may take such steps as ment is qualified to take any licensure or the session of the Senate on Wednes-
the Secretary determines necessary to pro- certification examination needed to practice day, May 26, 2021, at 4:30 p.m., to con-
vide meaningful disaggregated student de- or find employment in the sectors or occupa- duct a hearing.
mographic or outcome information, includ- tions that the program prepares students to SUBCOMMITTEE ON NATIONAL PARKS
ing by combining categories; and enter.’’.
‘‘(ii) an institution may submit, and the The Subcommittee on National
Secretary may publish, data required to be Parks of the Committee on Energy and
f
collected under subparagraph (B) that is ob- Natural Resources is authorized to
tained through a State Unemployment In- meet during the session of the Senate
surance Agency or through other supple- AUTHORITY FOR COMMITTEES TO
on Wednesday, May 26, 2021, at 10 a.m.,
mental means, in lieu of any additional data MEET
to conduct a hearing.
collection, provided that such data are sta-
Mr. DURBIN. Mr. President, I have 10 f
tistically rigorous, accurate, comparable,
and representative. requests for committees to meet during
today’s session of the Senate. They PRIVILEGES OF THE FLOOR
‘‘(D) REPORT.—Not later than July 1, 2025,
the Secretary shall— have the approval of the Majority and Ms. ERNST. Mr. President, I ask
‘‘(i) submit to the Committee on Health, Minority leaders. unanimous consent that Stephen
Education, Labor, and Pensions of the Sen- Pursuant to rule XXVI, paragraph Voline, a legislative defense fellow in
ate and the Committee on Education and 5(a), of the Standing Rules of the Sen- my office, be granted floor privileges
Labor of the House of Representatives a re- ate, the following committees are au- for the remainder of the day.
port on the impact of an eligible job training
thorized to meet during today’s session The PRESIDING OFFICER. Without
program for which the Secretary awards job
training Federal Pell Grants under this sub- of the Senate: objection, it is so ordered.
section, based on the most recent data col- COMMITTEE ON BANKING, HOUSING, AND URBAN Mr. BROWN. Mr. President, I ask
lected under subparagraph (B); and AFFAIRS unanimous consent that Megan
‘‘(ii) make the report described in clause (i) The Committee on Banking, Housing, Malara, a legislative fellow in my of-
available publicly on the website of the De- and Urban Affairs is authorized to fice, be granted floor privileges for the
partment.’’. meet during the session of the Senate remainder of the 117th Congress.
(2) EFFECTIVE DATE.—The amendment The PRESIDING OFFICER. Without
on Wednesday, May 26, 2021, at 10 a.m.,
made by paragraph (1) shall take effect as if
to conduct a hearing. objection, it is so ordered.
included in section 703 of the FAFSA Sim-
plification Act (title VII of division FF of COMMITTEE ON ENVIRONMENT AND PUBLIC f
Public Law 116–260). WORKS
ORDERS FOR THURSDAY, MAY 27,
(e) WORKFORCE INNOVATION AND OPPOR- The Committee on Environment and
TUNITY ACT AMENDMENT.—Section 116(i) of
2021
Public Works is authorized to meet
the Workforce Innovation and Opportunity Mr. SCHUMER. Madam President, I
Act (29 U.S.C. 3141(i)) is amended by adding
during the session of the Senate on
Wednesday, May 26, 2021, at 9:45 a.m., ask unanimous consent that when the
at the end the following:
to conduct a hearing nominations and Senate completes its business today, it
‘‘(4) INTERAGENCY DATA SHARING FOR JOB
TRAINING FEDERAL PELL GRANT PROGRAM.— pending legislation. adjourn until 10 a.m., Thursday, May
The Secretary of Labor shall coordinate and COMMITTEE ON FINANCE
27; that following the prayer and
enter into a data sharing agreement with the pledge, the morning hour be deemed
The Committee on Finance is author-
Secretary of Education to ensure access to expired, the Journal of proceedings be
ized to meet during the session of the
data necessary to implement section 401(k) approved to date, the time for the two
of the Higher Education Act of 1965 (20 U.S.C. Senate on Wednesday, May 26, 2021, at
leaders be reserved for their use later
1070a(k)), as added by section 6125 of the 2:30 p.m., to conduct a hearing on
in the day, and morning business be
United States Innovation and Competition nominations.
closed; further, that upon the conclu-
Act of 2021, including such applicable data COMMITTEE ON INDIAN AFFAIRS
related to unemployment insurance, wage sion of morning business, the Senate
The Committee on Indian Affairs is resume consideration of Calendar No.
information, employment-related outcomes,
and indicators of performance collected authorized to meet during the session 58, S. 1260.
under this section.’’. of the Senate on Wednesday, May 26, The PRESIDING OFFICER. Without
(f) ACCREDITING AGENCY RECOGNITION OF 2021, at 2:30 p.m., to conduct a hearing. objection, it is so ordered.
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ELIGIBLE JOB TRAINING PROGRAMS.—Section COMMITTEE ON THE JUDICIARY Mr. SCHUMER. Madam President, let
496(a)(4) of the Higher Education Act of 1965
The Committee on the Judiciary is me just say that we are making very
(20 U.S.C. 1099b(a)(4)) is amended—
(1) in subparagraph (A), by striking ‘‘and’’ authorized to meet during the session good progress. We had a whole bunch of
after the semicolon; of the Senate on Wednesday, May 26, amendments again tonight. We have
(2) in subparagraph (B)(ii), by inserting 2021, at 10 a.m., to conduct a hearing on had more amendments on this bill than
‘‘and’’ after the semicolon; and nominations. on any bill I can recall in a very long
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