Senate Amendments to SA 2137 on H.R. 3684, August 2, 2021 — Congressional Record
Summary
This is S5569 of the Congressional Record, Senate, August 2, 2021, with interleaved columns of submitted amendments to H.R. 3684, the highway bill. The page lists amendments intended to be proposed to amendment SA 2137, including SA 2299 by Mrs. Blackburn, SA 2300 by Mr. Cruz and Mr. Warnock, SA 2301 by Ms. Klobuchar, and SA 2138 by Mrs. Feinstein and Mr. Padilla. The printed text includes a section on using coronavirus fiscal recovery funds to meet a non-Federal matching requirement for authorized water projects and a section establishing Job Training Federal Pell Grants.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Senate Amendments to SA 2137 on H.R. 3684, August 2, 2021 — Congressional Record.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-02-crec-2021-08-02-pt1-pgs5569-5-c2cd54e4bb/
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5569
the bill H.R. 3684, supra; which was ordered and Mr. ROMNEY)) to the bill H.R. 3684, an amendment intended to be proposed
to lie on the table. to authorize funds for Federal-aid high- to amendment SA 2137 proposed by Mr.
SA 2299. Mrs. BLACKBURN submitted an ways, highway safety programs, and SCHUMER (for Ms. SINEMA (for herself,
amendment intended to be proposed to transit programs, and for other pur- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
amendment SA 2137 proposed by Mr. SCHU-
MER (for Ms. SINEMA (for herself, Mr.
poses; which was ordered to lie on the SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. table; as follows: TESTER, Ms. MURKOWSKI, Mr. WARNER,
SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- In division D, strike section 40909 and in- and Mr. ROMNEY)) to the bill H.R. 3684,
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to sert the following: to authorize funds for Federal-aid high-
the bill H.R. 3684, supra; which was ordered SEC. 40909. CLARIFICATION OF AUTHORITY TO ways, highway safety programs, and
to lie on the table. USE CORONAVIRUS FISCAL RECOV-
ERY FUNDS TO MEET A NON-FED- transit programs, and for other pur-
SA 2300. Mr. CRUZ (for himself and Mr. ERAL MATCHING REQUIREMENT poses; which was ordered to lie on the
WARNOCK) submitted an amendment in- FOR AUTHORIZED WATER table; as follows:
tended to be proposed to amendment SA 2137 PROJECTS.
proposed by Mr. SCHUMER (for Ms. SINEMA (a) CORONAVIRUS STATE FISCAL RECOVERY At the end of title III of division A, insert
(for herself, Mr. PORTMAN, Mr. MANCHIN, Mr. FUND.—Section 602(c) of the Social Security the following:
CASSIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. Act (42 U.S.C. 802(c)) is amended by adding at SEC. 13011. ESTABLISHING JOB TRAINING FED-
TESTER, Ms. MURKOWSKI, Mr. WARNER, and the end the following: ERAL PELL GRANTS; ELIMINATING
SHORT-TERM EDUCATION LOAN
Mr. ROMNEY)) to the bill H.R. 3684, supra; ‘‘(4) USE OF FUNDS TO SATISFY NON-FEDERAL PROGRAMS; TECHNICAL CORREC-
which was ordered to lie on the table. MATCHING REQUIREMENTS FOR AUTHORIZED TIONS.
SA 2301. Ms. KLOBUCHAR submitted an WATER PROJECTS.—Funds provided under this
(a) ELIMINATING SHORT-TERM EDUCATION
amendment intended to be proposed to section for a project undertaken or funded by LOAN PROGRAMS.—Section 481(b) of the High-
amendment SA 2137 proposed by Mr. SCHU- the Bureau of Reclamation pursuant to an er Education Act of 1965 (20 U.S.C. 1088(b)) is
MER (for Ms. SINEMA (for herself, Mr. Act of Congress may be used for purposes of amended by adding at the end the following:
PORTMAN, Mr. MANCHIN, Mr. CASSIDY, Mrs. satisfying any non-Federal matching re- ‘‘(5) The Secretary shall eliminate the
SHAHEEN, Ms. COLLINS, Mr. TESTER, Ms. MUR- quirement required for the project.’’. short-term education loan program, as au-
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) to (b) CORONAVIRUS LOCAL FISCAL RECOVERY
thorized under paragraph (2), on the date
the bill H.R. 3684, supra; which was ordered FUND.—Section 603(c) of the Social Security
that is 120 days after the date the Secretary
to lie on the table. Act (42 U.S.C. 803(c)) is amended by adding at
establishes the application for Job Training
the end the following:
f Federal Pell Grants under section 401(k).’’.
‘‘(5) USE OF FUNDS TO SATISFY NON-FEDERAL
(b) TECHNICAL CORRECTIONS.—Section 481(d)
TEXT OF AMENDMENTS MATCHING, MAINTENANCE OF EFFORT, OR OTHER
of the Higher Education Act of 1965 (20 U.S.C.
EXPENDITURE REQUIREMENT.—Funds provided
SA 2138. Mrs. FEINSTEIN (for herself 1088(d)) is amended—
under this section for a project undertaken
and Mr. PADILLA) submitted an amend- (1) in paragraph (4)—
or funded by the Bureau of Reclamation pur-
ment intended to be proposed to (A) in subparagraph (A), by striking
suant to an Act of Congress may be used for
‘‘under section 12301(a), 12301(g), 12302, 12304,
amendment SA 2137 proposed by Mr. purposes of satisfying any non-Federal
or 12306 of title 10, United States Code, or
SCHUMER (for Ms. SINEMA (for herself, matching requirement required for the
any retired member of an Armed Force or-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- project.’’.
(c) EFFECTIVE DATE.—The amendments dered to active duty under section 688 of
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. such title,’’ and inserting ‘‘, or any retired
made by this section shall take effect as if
TESTER, Ms. MURKOWSKI, Mr. WARNER, included in the enactment of section 9901 of member of an Armed Force ordered to active
and Mr. ROMNEY)) to the bill H.R. 3684, the American Rescue Plan Act of 2021 (Pub- duty,’’; and
to authorize funds for Federal-aid high- lic Law 117–2; 135 Stat. 223). (B) in subparagraph (B), by striking ‘‘an
ways, highway safety programs, and Armed Force’’ and inserting ‘‘a Uniformed
SA 2140. Ms. DUCKWORTH (for her- Service’’; and
transit programs, and for other pur- (2) in paragraph (5), by striking ‘‘and sup-
poses; which was ordered to lie on the self, Mr. CASEY, and Mr. BROWN) sub-
mitted an amendment intended to be ported by Federal funds’’.
table; as follows: (c) CURRENT ENACTMENT OF JOB TRAINING
proposed to amendment SA 2137 pro-
In section 40901(4)(A) of division D, strike FEDERAL PELL GRANT PROGRAM.—Section 401
clause (ii) and insert the following:
posed by Mr. SCHUMER (for Ms. SINEMA of the Higher Education Act of 1965 (20 U.S.C.
(ii) selected for funding under the competi- (for herself, Mr. PORTMAN, Mr. 1070a) is amended by adding at the end the
tive grant program authorized pursuant to MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, following:
section 1602(f) of the Reclamation Waste- Ms. COLLINS, Mr. TESTER, Ms. MUR- ‘‘(k) JOB TRAINING FEDERAL PELL GRANT
water and Groundwater Study and Facilities KOWSKI, Mr. WARNER, and Mr. ROMNEY)) PROGRAM.—
Act (43 U.S.C. 390h(f)), with funding under to the bill H.R. 3684, to authorize funds ‘‘(1) DEFINITIONS.—In this subsection:
this subparagraph to be provided in accord- for Federal-aid highways, highway ‘‘(A) CAREER AND TECHNICAL EDUCATION.—
ance with that section, notwithstanding sec- safety programs, and transit programs, The term ‘career and technical education’
tion 4013 of the Water Infrastructure Im- and for other purposes; which was or- has the meaning given the term in section 3
provements for the Nation Act (43 U.S.C. 390b of the Carl D. Perkins Career and Technical
dered to lie on the table; as follows:
note; Public Law 114–322), except that— Education Act.
(I) section 1602(g)(2) of the Reclamation On page 2690, line 11, insert after ‘‘et seq.):’’ ‘‘(B) ELIGIBLE JOB TRAINING PROGRAM.—
the following: ‘‘Provided further, That an eli- ‘‘(i) IN GENERAL.—The term ‘eligible job
Wastewater and Groundwater Study and Fa-
gible entity that receives a grant under this training program’ means a career and tech-
cilities Act (43 U.S.C. 390h(g)(2)) shall not
heading in this Act shall adopt a plan under nical education program at an eligible insti-
apply to amounts made available under this
which the entity commits to pursuing public
subparagraph; and tution of higher education that—
transportation accessibility projects that: (1)
(II) the amounts made available under this ‘‘(I) provides not less than 150, and not
enhance the customer experience and maxi-
subparagraph shall not exceed the lesser of— more than 600, clock hours of instructional
mize accessibility of rolling stock and sta-
(aa) notwithstanding section 1631(d) of the time over a period of not less than 8 weeks
tions or facilities for passenger use for indi-
Reclamation Wastewater and Groundwater viduals with disabilities, including accessi- and not more than 15 weeks;
Study and Facilities Act (43 U.S.C. 390h- bility for individuals with physical disabil- ‘‘(II) provides training aligned with the re-
13(d)), $30,000,000 for each water recycling ities, including those who use wheelchairs, quirements of high-skill, high-wage, or in-de-
and reuse project provided funding under accessibility for individuals with sensory mand industry sectors or occupations in the
this subparagraph; and disabilities, and accessibility for individuals State or local area in which the job training
(bb) the amount that is equal to 25 percent with intellectual or developmental disabil- program is provided, as determined by—
of the costs of the water recycling and reuse ities; (2) improve the operations of, provide ‘‘(aa) a State board or local board;
project provided funding under this subpara- efficiencies of service to, and enhance the ‘‘(bb) a State plan, as described in section
graph; and public transportation system for individuals 122(d)(13)(C) of the Carl D. Perkins Career
with disabilities; and (3) address equity of and Technical Education Act of 2006; or
SA 2139. Mrs. FEINSTEIN (for herself ‘‘(cc) a comprehensive local needs assess-
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service to all riders regardless of income,
and Mr. RISCH) submitted an amend- age, race, or ability, taking into account his- ment, as described in section 134(c) of the
ment intended to be proposed to torical and current service gaps for low-in- Carl D. Perkins Career and Technical Edu-
come riders, older individuals, riders from cation Act of 2006;
amendment SA 2137 proposed by Mr.
communities of color, and riders with dis- ‘‘(III) is a program—
SCHUMER (for Ms. SINEMA (for herself, abilities:’’. ‘‘(aa) provided through an eligible training
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- provider, as described under section 122(d) of
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. SA 2141. Mr. KAINE (for himself, Mr. the Workforce Innovation and Opportunity
TESTER, Ms. MURKOWSKI, Mr. WARNER, PORTMAN, and Mr. OSSOFF) submitted Act; and
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S5570 CONGRESSIONAL RECORD — SENATE August 2, 2021
‘‘(bb) subject to the reporting requirements ‘‘(aa) major disaster or emergency declared completed coursework without a fee or mon-
of section 116(d)(4) of the Workforce Innova- by the President under section 401 or 501 of etary charge and without regard to any bal-
tion and Opportunity Act, or would be sub- the Robert T. Stafford Disaster Relief and ance owed to the institution; and
ject to such requirements except for a waiver Emergency Assistance Act (42 U.S.C. 5170 ‘‘(IV) shall prohibit such program and any
issued to a State under section 189(i) of the and 5191); or substantially similar program, from being
Workforce Innovation and Opportunity Act; ‘‘(bb) national emergency declared by the considered an eligible job training described
‘‘(IV) provides a student, upon completion President under section 201 of the National in this subsection for a period of not less
of the program, with a degree or recognized Emergencies Act (50 U.S.C. 1601 et seq.); than 5 years.
postsecondary credential that is stackable ‘‘(XII) is provided not less than 50 percent ‘‘(vi) ADDITIONAL ASSURANCE BY STATE
and portable across multiple employers and directly by the eligible institution of higher BOARD.—The Secretary shall not determine
geographical areas; education; that a program is an eligible job training
‘‘(V) has demonstrated that the median ‘‘(XIII) may include integrated education program in accordance with clause (ii) unless
change in total earnings for students who and training; and the Secretary receives a certification from
complete the program is an increase of not ‘‘(XIV) may be offered as part of a program the State board representing the State in
less than 20 percent, in accordance with that— which the eligible job training program is
paragraph (2); ‘‘(aa) meets the requirements of section provided, containing an assurance that the
‘‘(VI) publishes prominently on the website 484(d)(2); program meets the requirements of clause
of the institution, and provides a written dis- ‘‘(bb) is part of a career pathway, as de- (i).
fined in section 3 of the Workforce Innova- ‘‘(C) TOTAL EARNINGS.—For the purposes of
closure to each prospective student prior to
tion and Opportunity Act; and this subsection, the term ‘total earnings’
entering into an enrollment agreement for
‘‘(cc) is aligned to a program of study, as means the median annual earnings.
such program (which each such student shall
defined in section 3 of the Carl D. Perkins ‘‘(D) ELIGIBLE INSTITUTION OF HIGHER EDU-
confirm receiving through a written affirma-
Career and Technical Education Act of 2006. CATION.—For the purposes of this subsection,
tion prior to entering such enrollment agree-
‘‘(ii) APPROVAL BY THE SECRETARY.— the term ‘eligible institution of higher edu-
ment) containing, at a minimum, the fol-
‘‘(I) IN GENERAL.—In the case of a program cation’ means—
lowing information calculated, as applicable, that is seeking to establish initial eligibility ‘‘(i) an institution of higher education, as
in accordance with paragraph (8)— as an eligible job training program under defined in section 101;
‘‘(aa) the required tuition and fees of the this subparagraph, the Secretary shall make ‘‘(ii) a postsecondary vocational institu-
program; a determination whether the program meets tion, as defined in section 102(c); and
‘‘(bb) the difference between required tui- the requirements of this subparagraph not ‘‘(iii) an institution of higher education—
tion and fees described in item (aa) and any more than 120 days after the date on which ‘‘(I) approved by an accrediting agency or
grant aid (which does not need to be repaid) such program is submitted for consideration association that meets the requirements of
provided to the student; as an eligible job training program. If the section 496(a)(4)(C);
‘‘(cc) the completion rate of the program; Secretary determines the program meets the ‘‘(II) that has not been a proprietary insti-
‘‘(dd) the percentage of students placed or requirements of this paragraph, the Sec- tution of higher education, as defined in sec-
retained in employment, measured at not retary shall grant an initial period of ap- tion 102(b), within the previous 3 years; and
less than 6 months and 1 year, respectively, proval of 2 years. The Secretary shall enable ‘‘(III) that has not been subject, during any
after completion of the program; institutions to apply for eligible job training of the preceding 5 years, to—
‘‘(ee) total earnings of students who com- program approval not later than 1 year after ‘‘(aa) any suspension, emergency action, or
plete the program not less than 6 months the date of enactment of the Infrastructure termination of programs under this title;
after completion of the program; Investment and Jobs Act. ‘‘(bb) any adverse action by the institu-
‘‘(ff) total earnings of students who do not ‘‘(II) PUBLICATION OF APPLICATION.—Not tion’s accrediting agency or association; or
complete the program; later than 1 year after the date of enactment ‘‘(cc) any action by the State to revoke a
‘‘(gg) the ratio of the amount that is the of the Infrastructure Investment and Jobs license or other authority to operate.
difference between required tuition and fees Act, the Secretary shall publish the applica- ‘‘(E) INSTITUTIONAL CREDIT ARTICULATION.—
and any grant aid provided to the student de- tion for job training programs to submit for The term ‘institutional credit articulation’
scribed in item (bb) to the total earnings of approval as eligible job training programs. means the situation where an institution of
students who complete the program not less The information required to determine eligi- higher education provides a student who has
than 6 months after completion of the pro- bility in such application shall be consistent completed a noncredit program with the
gram described in item (ee); with the requirements described in this sub- equivalent academic credit that may be ap-
‘‘(hh) an explanation, in clear and plain paragraph. plied to a subsequent credit-bearing certifi-
language, of the ratio described in item (gg); ‘‘(iii) RENEWAL OF APPROVAL BY THE SEC- cate or degree program upon enrollment in
and RETARY.—An eligible job training program such program at such institution.
‘‘(ii) in the case of a job training program that desires to continue eligibility as an eli- ‘‘(F) WIOA DEFINITIONS.—The terms ‘indus-
that prepares students for a professional li- gible job training program after the period of try or sector partnership’, ‘in-demand indus-
cense or certification exam, the share of initial approval described in clause (ii), or try sector or occupation’, ‘recognized post-
such students who pass such exams; the subsequent period described in this secondary credential’, ‘local board’, and
‘‘(VII) has been determined by the eligible clause, shall submit a renewal application to ‘State board’ have the meanings given such
institution of higher education (after valida- the Secretary (with such information as the terms in section 3 of the Workforce Innova-
tion of that determination by an industry or Secretary may require), not more than 270 tion and Opportunity Act.
sector partnership or State board or local days and not less than 180 days before the ‘‘(2) TOTAL EARNINGS INCREASE REQUIRE-
board) to provide academic content, an end of the previous approval period. If the MENT.—
amount of instructional time, and com- Secretary determines the program meets ‘‘(A) IN GENERAL.—Subject to subparagraph
petencies to satisfy any applicable edu- such requirements, the Secretary shall grant (B), as a condition of participation under
cational requirement for professional licen- another period of approval for 3 years. this subsection, the Secretary shall, using
sure or certification, so that the student who ‘‘(iv) PERIODIC REVIEW BY THE SECRETARY.— the data collected under paragraph (8) and
completes the program and seeks employ- The Secretary shall periodically review a such other information as the Secretary may
ment is qualified to take any licensure or program previously approved under clause require, determine whether such job training
certification examination needed to practice (ii) or (iii) to determine whether such pro- program meets the requirements of para-
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 median change in annual earnings for stu-
to enter; subsection. dents who complete the program is an in-
‘‘(VIII) has been in operation for not less ‘‘(v) REVOCATION OF APPROVAL BY THE SEC- crease of not less than 20 percent of the total
than 1 year prior to becoming an eligible job RETARY.—If at any time the Secretary deter- earnings of such students before enrollment
training program under this subsection; mines that a program previously approved in the program. For the purposes of this
‘‘(IX) does not exceed by more than 50 per- under clause (ii) or (iii) is no longer meeting paragraph, the Secretary shall determine
cent the minimum number of clock hours re- any of the requirements of an eligible job such percentage change by calculating the
quired by a State to receive a professional li- training program described in this sub- difference between the total earnings of stu-
cense or certification in the State, if the section, the Secretary— dents who enroll in such programs not more
State has established such a requirement; ‘‘(I) shall deny a subsequent renewal of ap- than 6 months prior to enrollment, and the
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‘‘(X) includes institutional credit articula- proval in accordance with clause (iii) for total earnings of students who complete such
tion for a student enrolled in a noncredit job such program after the expiration of the ap- program not more than 6 months after com-
training program; proval period; pleting such program.
‘‘(XI) is not offered exclusively through ‘‘(II) may withdraw approval for such pro- ‘‘(B) DATE OF EFFECT.—The requirement
distance education or a correspondence gram before the expiration of the approval under this paragraph shall take effect begin-
course, except as determined by the Sec- period; ning on the date that is 1 year after the date
retary to be necessary, on a temporary basis, ‘‘(III) shall ensure students who enrolled in the program has been approved as an eligible
in connection with a— such programs have access to transcripts for job training program under this subsection.
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5571
‘‘(3) APPEAL OF EARNINGS INFORMATION.— ‘‘(V) recipients of assistance under a tui- (1) IN GENERAL.—Section 401 of the Higher
The Secretary’s determination under para- tion assistance program conducted by the Education Act of 1965 (20 U.S.C. 1070a), as
graph (2) may include an appeals process to Department of Defense under section 1784a or amended by section 703 of the FAFSA Sim-
permit job training programs to submit al- 2007 of title 10, United States Code (or other plification Act (title VII of division FF of
ternate discretionary or total earnings data, authorities available to the Department of Public Law 116–260), is further amended by
respectively, provided that such data are sta- Defense), or status as a veteran; adding at the end the following:
tistically rigorous, accurate, comparable, ‘‘(VI) status as a first-time student or ‘‘(k) JOB TRAINING FEDERAL PELL GRANT
and representative of students who complete transfer student from another institution; PROGRAM.—
the program. ‘‘(VII) status as a first-generation student; ‘‘(1) DEFINITIONS.—In this subsection:
‘‘(4) AUTHORIZATION OF AWARDS.—The Sec- ‘‘(VIII) status as parent or guardian of 1 or ‘‘(A) CAREER AND TECHNICAL EDUCATION.—
retary shall award Federal Pell Grants to more dependent children; and The term ‘career and technical education’
students in eligible job training programs ‘‘(IX) status as a confined or incarcerated has the meaning given the term in section 3
(referred to as a ‘job training Federal Pell individual, as defined under section of the Carl D. Perkins Career and Technical
Grant’). Each eligible job training Federal 484(t)(1)(A). Education Act of 2006.
Pell Grant awarded under this subsection ‘‘(ii) The number and demographics, ‘‘(B) ELIGIBLE JOB TRAINING PROGRAM.—
shall have the same terms and conditions, disaggregated by the categories listed in ‘‘(i) IN GENERAL.—The term ‘eligible job
and be awarded in the same manner, as other clause (i), including, at a minimum, of— training program’ means a career and tech-
Federal Pell Grants awarded under sub- ‘‘(I) students who complete the program; nical education program at an eligible insti-
section (b), except a student who is eligible and tution of higher education that—
to receive a job training Federal Pell Grant ‘‘(II) students who do not complete the pro- ‘‘(I) provides not less than 150, and not
under this subsection is a student who— gram. more than 600, clock hours of instructional
‘‘(A) has not yet attained a ‘‘(iii) The required tuition and fees of the time over a period of not less than 8 weeks
postbaccalaureate degree; program. and not more than 15 weeks;
‘‘(B) is enrolled, or accepted for enroll- ‘‘(iv) The earnings of students, ‘‘(II) provides training aligned with the re-
ment, in an eligible job training program at disaggregated by the categories listed in quirements of high-skill, high-wage, or in-de-
an eligible institution of higher education; clause (i), including, at a minimum— mand industry sectors or occupations in the
and ‘‘(I) total earnings of students who com- State or local area in which the job training
‘‘(C) meets all other eligibility require- plete the program; and program is provided, as determined by—
ments for a Federal Pell Grant (except with ‘‘(II) total earnings of students who do not ‘‘(aa) a State board or local board;
respect to the type of program of study, as complete the program. ‘‘(bb) a State plan, as described in section
provided in subparagraph (B)). ‘‘(v) Additional outcomes of the students 122(d)(13)(C) of the Carl D. Perkins Career
‘‘(5) AMOUNT OF AWARD.—The amount of a who complete the program, disaggregated by and Technical Education Act of 2006; or
job training Federal Pell Grant for an eligi- the categories listed in clause (i), including, ‘‘(cc) a comprehensive local needs assess-
ble student shall be determined under sub- at a minimum— ment, as described in section 134(c) of the
section (b), except that a student who is eli- ‘‘(I) the completion rate of such students; Carl D. Perkins Career and Technical Edu-
gible for less than the minimum Federal Pell ‘‘(II) the percentage of such students cation Act of 2006;
Grant because the eligible job training pro- placed or retained in employment, measured ‘‘(III) is a program—
gram is less than an academic year (in clock- at not less than 6 months and 1 year, respec- ‘‘(aa) provided through an eligible training
hours and weeks of instructional time) may tively, after completion of the program; provider, as described under section 122(d) of
still be eligible for a Federal Pell Grant. ‘‘(III) in the case of a job training program the Workforce Innovation and Opportunity
‘‘(6) INCLUSION IN TOTAL ELIGIBILITY PE- that prepares students for a professional li- Act; and
RIOD.—Any period during which a student re- cense or certification exam, the share of ‘‘(bb) subject to the reporting requirements
ceives a job training Federal Pell Grant such students who pass such exams; of section 116(d)(4) of the Workforce Innova-
under this subsection shall be included in ‘‘(IV) the share of such students who con- tion and Opportunity Act, or would be sub-
calculating the student’s period of eligibility tinue enrollment at the institution of higher ject to such requirements except for a waiver
for Federal Pell Grants under subsection (d), education offering the program within 1 issued to a State under section 189(i) of the
and the eligibility requirements regarding year; Workforce Innovation and Opportunity Act;
students who are enrolled in an under- ‘‘(V) the share of such students who trans- ‘‘(IV) provides a student, upon completion
graduate program on less than a full-time fer to another institution of higher edu- of the program, with a degree or recognized
basis shall similarly apply to students who cation within 1 year; and postsecondary credential that is stackable
are enrolled in an eligible job training pro- ‘‘(VI) the share of such students who com- and portable across multiple employers and
gram at an eligible institution of higher edu- plete a subsequent certificate or degree pro- geographical areas;
cation on less than a full-time basis. gram within 6 years. ‘‘(V) has demonstrated that the median
‘‘(7) SAME PAYMENT PERIOD.—No student ‘‘(C) EXCEPTIONS.—Notwithstanding any change in total earnings for students who
may for the same payment period receive other provision of this paragraph— complete the program is an increase of not
both a job training Federal Pell Grant under ‘‘(i) if disclosure of disaggregated data less than 20 percent, in accordance with
this subsection and a Federal Pell Grant under subparagraph (B) is prohibited from paragraph (2);
under this section. disclosure due to applicable privacy restric- ‘‘(VI) publishes prominently on the website
‘‘(8) INTERAGENCY DATA SHARING AND DATA tions, the Secretary may take such steps as of the institution, and provides a written dis-
COLLECTION.— the Secretary determines necessary to pro- closure to each prospective student prior to
‘‘(A) INTERAGENCY DATA SHARING.—The Sec- vide meaningful disaggregated student de- entering into an enrollment agreement for
retary shall coordinate and enter into a data mographic or outcome information, includ- such program (which each such student shall
sharing agreement with the Secretary of ing by combining categories; and confirm receiving through a written affirma-
Labor to ensure access to data necessary to ‘‘(ii) an institution may submit, and the tion prior to entering such enrollment agree-
implement this paragraph, including such Secretary may publish, data required to be ment) containing, at a minimum, the fol-
data related to indicators of performance collected under subparagraph (B) that is ob- lowing information calculated, as applicable,
collected under section 116 of the Workforce tained through a State Unemployment In- in accordance with paragraph (8)—
Innovation and Opportunity Act (29 U.S.C. surance Agency or through other supple- ‘‘(aa) the required tuition and fees of the
3141). mental means, in lieu of any additional data program;
‘‘(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- plete the program not less than 6 months
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program for which the Secretary awards job
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
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S5572 CONGRESSIONAL RECORD — SENATE August 2, 2021
than 6 months after completion of the pro- bility in such application shall be consistent completed a noncredit program with the
gram described in item (ee); with the requirements described in this sub- equivalent academic credit that may be ap-
‘‘(hh) an explanation, in clear and plain paragraph. plied to a subsequent credit-bearing certifi-
language, of the ratio described in item (gg); ‘‘(iii) RENEWAL OF APPROVAL BY THE SEC- cate or degree program upon enrollment in
and RETARY.—An eligible job training program such program at such institution.
‘‘(ii) in the case of a job training program that desires to continue eligibility as an eli- ‘‘(F) WIOA DEFINITIONS.—The terms ‘indus-
that prepares students for a professional li- gible job training program after the period of try or sector partnership’, ‘in-demand indus-
cense or certification exam, the share of initial approval described in clause (ii), or try sector or occupation’, ‘recognized post-
such students who pass such exams; the subsequent period described in this secondary credential’, ‘local board’, and
‘‘(VII) has been determined by the eligible clause, shall submit a renewal application to ‘State board’ have the meanings given such
institution of higher education (after valida- the Secretary (with such information as the terms in section 3 of the Workforce Innova-
tion of that determination by an industry or Secretary may require), not more than 270 tion and Opportunity Act.
sector partnership or State board or local days and not less than 180 days before the ‘‘(2) TOTAL EARNINGS INCREASE REQUIRE-
board) to provide academic content, an end of the previous approval period. If the MENT.—
amount of instructional time, and com- Secretary determines the program meets ‘‘(A) IN GENERAL.—Subject to subparagraph
petencies to satisfy any applicable edu- such requirements, the Secretary shall grant (B), as a condition of participation under
cational requirement for professional licen- another period of approval for 3 years. this subsection, the Secretary shall, using
sure or certification, so that the student who ‘‘(iv) PERIODIC REVIEW BY THE SECRETARY.— the data collected under paragraph (8) and
completes the program and seeks employ- The Secretary shall periodically review a
such other information as the Secretary may
ment is qualified to take any licensure or program previously approved under clause
require, determine whether such job training
certification examination needed to practice (ii) or (iii) to determine whether such pro-
program meets the requirements of para-
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
median change in annual earnings for stu-
to enter; subsection.
dents who complete the program is an in-
‘‘(VIII) has been in operation for not less ‘‘(v) REVOCATION OF APPROVAL BY THE SEC-
crease of not less than 20 percent of the total
than 1 year prior to becoming an eligible job RETARY.—If at any time the Secretary deter-
training program under this subsection; mines that a program previously approved earnings of such students before enrollment
‘‘(IX) does not exceed by more than 50 per- under clause (ii) or (iii) is no longer meeting in the program. For the purposes of this
cent the minimum number of clock hours re- any of the requirements of an eligible job paragraph, the Secretary shall determine
quired by a State to receive a professional li- training program described in this sub- such percentage increase by calculating the
cense or certification in the State, if the section, the Secretary— difference between the total earnings of stu-
State has established such a requirement; ‘‘(I) shall deny a subsequent renewal of ap- dents who enroll in such programs not more
‘‘(X) includes institutional credit articula- proval in accordance with clause (iii) for than 6 months prior to enrollment, and the
tion for a student enrolled in a noncredit job such program after the expiration of the ap- earnings of students who complete such pro-
training program; proval period; gram not more than 6 months after com-
‘‘(XI) is not offered exclusively through ‘‘(II) may withdraw approval for such pro- pleting such program.
distance education or a correspondence gram before the expiration of the approval ‘‘(B) DATE OF EFFECT.—The requirement
course, except as determined by the Sec- period; under this paragraph shall take effect begin-
retary to be necessary, on a temporary basis, ‘‘(III) shall ensure students who enrolled in ning on the date that is 1 year after the date
in connection with a— such programs have access to transcripts for the program has been approved as an eligible
‘‘(aa) major disaster or emergency declared completed coursework without a fee or mon- job training program under this subsection.
by the President under section 401 or 501 of etary charge and without regard to any bal- ‘‘(3) APPEAL OF EARNINGS INFORMATION.—
the Robert T. Stafford Disaster Relief and ance owed to the institution; and The Secretary’s determination under para-
Emergency Assistance Act (42 U.S.C. 5170 ‘‘(IV) shall prohibit such program and any graph (2) may include an appeals process to
and 5191); or substantially similar program, from being permit job training programs to submit al-
‘‘(bb) national emergency declared by the considered an eligible job training described ternate discretionary or total earnings data,
President under section 201 of the National in this subsection for a period of not less respectively, provided that such data are sta-
Emergencies Act (50 U.S.C. 1601 et seq.); than 5 years. tistically rigorous, accurate, comparable,
‘‘(XII) is provided not less than 50 percent ‘‘(vi) ADDITIONAL ASSURANCE BY STATE and representative of students who complete
directly by the eligible institution of higher BOARD.—The Secretary shall not determine the program.
education; that a program is an eligible job training ‘‘(4) AUTHORIZATION OF AWARDS.—The Sec-
‘‘(XIII) may include integrated education program in accordance with clause (ii) unless retary shall award Federal Pell Grants to
and training; and the Secretary receives a certification from students in eligible job training programs
‘‘(XIV) may be offered as part of a program the State board representing the State in (referred to as a ‘job training Federal Pell
that— which the eligible job training program is Grant’). Each eligible job training Federal
‘‘(aa) meets the requirements of section provided, containing an assurance that the Pell Grant awarded under this subsection
484(d)(2); program meets the requirements of clause shall have the same terms and conditions,
‘‘(bb) is part of a career pathway, as de- (i). and be awarded in the same manner, as other
fined in section 3 of the Workforce Innova- ‘‘(C) TOTAL EARNINGS.—For the purposes of Federal Pell Grants awarded under sub-
tion and Opportunity Act; and this subsection, the term ‘total earnings’ section (b), except a student who is eligible
‘‘(cc) is aligned to a program of study, as means the median annual earnings. to receive a job training Federal Pell Grant
defined in section 3 of the Carl D. Perkins ‘‘(D) ELIGIBLE INSTITUTION OF HIGHER EDU- under this subsection is a student who—
Career and Technical Education Act of 2006. CATION.—For the purposes of this subsection, ‘‘(A) has not yet attained a
‘‘(ii) APPROVAL BY THE SECRETARY.— the term ‘eligible institution of higher edu- postbaccalaureate degree;
‘‘(I) IN GENERAL.—In the case of a program cation’ means— ‘‘(B) is enrolled, or accepted for enroll-
that is seeking to establish initial eligibility ‘‘(i) an institution of higher education, as ment, in an eligible job training program at
as an eligible job training program under defined in section 101; an eligible institution of higher education;
this subparagraph, the Secretary shall make ‘‘(ii) a postsecondary vocational institu- and
a determination whether the program meets tion, as defined in section 102(c); and ‘‘(C) meets all other eligibility require-
the requirements of this subparagraph not ‘‘(iii) an institution of higher education— ments for a Federal Pell Grant (except with
more than 120 days after the date on which ‘‘(I) approved by an accrediting agency or respect to the type of program of study, as
such program is submitted for consideration association that meets the requirements of provided in subparagraph (B)).
as an eligible job training program. If the section 496(a)(4)(C); ‘‘(5) AMOUNT OF AWARD.—The amount of a
Secretary determines the program meets the ‘‘(II) that has not been a proprietary insti- job training Federal Pell Grant for an eligi-
requirements of this paragraph, the Sec- tution of higher education, as defined in sec- ble student shall be determined under sub-
retary shall grant an initial period of ap- tion 102(b), within the previous 3 years; and section (b), except that a student who is eli-
proval of 2 years. The Secretary shall enable ‘‘(III) that has not been subject, during any gible for less than the minimum Federal Pell
institutions to apply for eligible job training of the preceding 5 years, to— Grant because the eligible job training pro-
program approval not later than 1 year after ‘‘(aa) any suspension, emergency action, or gram is less than an academic year (in clock-
the date of enactment of the Infrastructure termination of programs under this title; hours and weeks of instructional time) may
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Investment and Jobs Act. ‘‘(bb) any adverse action by the institu- still be eligible for a Federal Pell Grant.
‘‘(II) PUBLICATION OF APPLICATION.—Not tion’s accrediting agency or association; or ‘‘(6) INCLUSION IN TOTAL ELIGIBILITY PE-
later than 1 year after the date of enactment ‘‘(cc) any action by the State to revoke a RIOD.—Any period during which a student re-
of the Infrastructure Investment and Jobs license or other authority to operate. ceives a job training Federal Pell Grant
Act, the Secretary shall publish the applica- ‘‘(E) INSTITUTIONAL CREDIT ARTICULATION.— under this subsection shall be included in
tion for job training programs to submit for The term ‘institutional credit articulation’ calculating the student’s period of eligibility
approval as eligible job training programs. means the situation where an institution of for Federal Pell Grants under subsection (d),
The information required to determine eligi- higher education provides a student who has and the eligibility requirements regarding
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August 2, 2021 CONGRESSIONAL RECORD — SENATE S5573
students who are enrolled in an under- ‘‘(V) the share of such students who trans- ‘‘(ii) the agency or association requires a
graduate program on less than a full-time fer to another institution of higher edu- demonstration that the program—
basis shall similarly apply to students who cation within 1 year; and ‘‘(I) has identified each recognized postsec-
are enrolled in an eligible job training pro- ‘‘(VI) the share of such students who com- ondary credential offered in the relevant in-
gram at an eligible institution of higher edu- plete a subsequent certificate or degree pro- dustry in the State or local area where the
cation on less than a full-time basis. gram within 6 years. industry is located; and
‘‘(7) SAME PAYMENT PERIOD.—No student ‘‘(C) EXCEPTIONS.—Notwithstanding any ‘‘(II) provides academic content, an
may for the same payment period receive other provision of this paragraph— amount of instructional time, and com-
both a job training Federal Pell Grant under ‘‘(i) if disclosure of disaggregated data petencies to satisfy any applicable edu-
this subsection and a Federal Pell Grant under subparagraph (B) is prohibited from cational requirement for professional licen-
under this section. disclosure due to applicable privacy restric- sure or certification, so that a student who
‘‘(8) INTERAGENCY DATA SHARING AND DATA tions, the Secretary may take such steps as completes the program and seeks employ-
COLLECTION.— the Secretary determines necessary to pro- ment is qualified to take any licensure or
‘‘(A) INTERAGENCY DATA SHARING.—The Sec- vide meaningful disaggregated student de- certification examination needed to practice
retary shall coordinate and enter into a data mographic or outcome information, includ- or find employment in the sectors or occupa-
sharing agreement with the Secretary of ing by combining categories; and tions that the program prepares students to
Labor to ensure access to data necessary to ‘‘(ii) an institution may submit, and the enter.’’.
implement this paragraph, including such Secretary may publish, data required to be (g) RESCISSION.—Of the amounts appro-
data related to indicators of performance collected under subparagraph (B) that is ob- priated under section 401(b)(7)(A)(iv)(XI) of
collected under section 116 of the Workforce tained through a State Unemployment In- the Higher Education Act of 1965 (20 U.S.C.
Innovation and Opportunity Act (29 U.S.C. surance Agency or through other supple- 1070a(b)(7)(A)(iv)(XI)) for fiscal year 2021,
3141). mental means, in lieu of any additional data $120,000,000 are rescinded.
‘‘(B) DATA ON ELIGIBLE JOB TRAINING PRO- collection, provided that such data are sta- (h) EFFECTIVE DATE.—Except as otherwise
GRAMS.—Except as provided under subpara- tistically rigorous, accurate, comparable, provided, this section and the amendments
graph (C), each institution of higher edu- and representative. made by this section shall take effect on the
cation offering an eligible job training pro- ‘‘(D) REPORT.—Not later than July 1, 2025, date of enactment of this Act.
gram for which the Secretary awards job the Secretary shall— ---
training Federal Pell Grants under this sub- ‘‘(i) submit to the Committee on Health, SA 2142. Mr. MARKEY (for himself
section, the Secretary shall, on at least an Education, Labor, and Pensions of the Sen- and Ms. WARREN) submitted an amend-
annual basis, collect and publish data with ate and the Committee on Education and ment intended to be proposed by him
respect to each such eligible job training Labor of the House of Representatives a re-
program, including the following:
to the bill H.R. 3684, to authorize funds
port on the impact of an eligible job training for Federal-aid highways, highway
‘‘(i) The number and demographics of stu- program for which the Secretary awards job
dents who enroll in the program, including, safety programs, and transit programs,
training Federal Pell Grants under this sub-
at a minimum, disaggregated by— section, based on the most recent data col-
and for other purposes; which was or-
‘‘(I) sex; lected under subparagraph (B); and dered to lie on the table; as follows:
‘‘(II) race and ethnicity; At the appropriate place, insert the fol-
‘‘(ii) make the report described in clause (i)
‘‘(III) classification as a student with a dis- lowing:
available publicly on the website of the De-
ability; SEC. ll. NORTH ATLANTIC RAIL INTERSTATE
partment.’’.
‘‘(IV) income quintile, as defined by the COMPACT.
(2) EFFECTIVE DATE.—The amendment
Secretary; (a) IN GENERAL.—Chapter 249 of title 49,
made by paragraph (1) shall take effect as if
‘‘(V) recipients of assistance under a tui- United States Code, is amended by inserting
included in section 703 of the FAFSA Sim-
tion assistance program conducted by the after section 24905 the following:
plification Act (title VII of division FF of
Department of Defense under section 1784a or
Public Law 116–260). ‘‘§ 24905A. North Atlantic Rail Interstate Com-
2007 of title 10, United States Code (or other
authorities available to the Department of (e) WORKFORCE INNOVATION AND OPPOR- pact; North Atlantic Rail Network
Defense), or status as a veteran; TUNITY ACT AMENDMENT.—Section 116(i) of ‘‘(a) NORTH ATLANTIC RAIL INTERSTATE
‘‘(VI) status as a first-time student or the Workforce Innovation and Opportunity COMPACT.—
transfer student from another institution; Act (29 U.S.C. 3141(i)) is amended by adding ‘‘(1) ESTABLISHMENT.—Not later than 180
‘‘(VII) status as a first-generation student; at the end the following: days after the date of the enactment of this
‘‘(VIII) status as parent or guardian of 1 or ‘‘(4) INTERAGENCY DATA SHARING FOR JOB section, the Secretary of Transportation
more dependent children; and TRAINING FEDERAL PELL GRANT PROGRAM.— shall appoint a director for the North Atlan-
‘‘(IX) status as a confined or incarcerated The Secretary of Labor shall coordinate and tic Rail Interstate Compact (referred to in
individual, as defined under section enter into a data sharing agreement with the this section as the ‘Compact’) in collabora-
484(t)(1)(A). Secretary of Education to ensure access to tion with states identified in paragraph
‘‘(ii) The number and demographics, data necessary to implement section 401(k) (2)(A).
disaggregated by the categories listed in of the Higher Education Act of 1965 (20 U.S.C. ‘‘(2) BOARD OF DIRECTORS.—
clause (i), including, at a minimum, of— 1070a(k)), as added by section 13011 of the In- ‘‘(A) COMPOSITION.—The Compact shall be
‘‘(I) students who complete the program; frastructure Investment and Jobs Act, in- governed by a board of directors, which shall
and cluding such applicable data related to un- be composed of directors, of whom—
‘‘(II) students who do not complete the pro- employment insurance, wage information, ‘‘(i) 2 directors shall be appointed by the
gram. employment-related outcomes, and indica- Secretary of Transportation;
‘‘(iii) The required tuition and fees of the tors of performance collected under this sec- ‘‘(ii) 1 director shall be appointed by the
program. tion.’’. Chief Executive Officer of Amtrak;
‘‘(iv) The earnings of students, (f) ACCREDITING AGENCY RECOGNITION OF ‘‘(iii) 2 directors shall be appointed by the
disaggregated by the categories listed in ELIGIBLE JOB TRAINING PROGRAMS.—Section Governor of Connecticut;
clause (i), including, at a minimum— 496(a)(4) of the Higher Education Act of 1965 ‘‘(iv) 2 directors shall be appointed by the
‘‘(I) total earnings of students who com- (20 U.S.C. 1099b(a)(4)) is amended— Governor of Maine;
plete the program; and (1) in subparagraph (A), by striking ‘‘and’’ ‘‘(v) 2 directors shall be appointed by the
‘‘(II) total earnings of students who do not after the semicolon; Governor of Massachusetts;
complete the program. (2) in subparagraph (B)(ii), by inserting ‘‘(vi) 2 directors shall be appointed by the
‘‘(v) Additional outcomes of the students ‘‘and’’ after the semicolon; and Governor of New Hampshire;
who complete the program, disaggregated by (3) by adding at the end the following: ‘‘(vii) 2 directors shall be appointed by the
the categories listed in clause (i), including, ‘‘(C) if such agency or association has or Governor of New York;
at a minimum— seeks to include within its scope of recogni- ‘‘(viii) 2 directors shall be appointed by the
‘‘(I) the completion rate of such students; tion the evaluation of the quality of institu- Governor of Rhode Island; and
‘‘(II) the percentage of such students tions of higher education participating in ‘‘(ix) 2 directors shall be appointed by the
placed or retained in employment, measured the job training Federal Pell Grant program Governor of Vermont.
at not less than 6 months and 1 year, respec- under section 401(k), such agency or associa- ‘‘(B) TERM; QUALIFICATIONS.—Of the indi-
tively, after completion of the program; tion shall, in addition to meeting the other viduals appointed pursuant to each of the
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‘‘(III) in the case of a job training program requirements of this subpart, demonstrate to clauses (iii) through (ix) of paragraph (1)—
that prepares students for a professional li- the Secretary that, with respect to such eli- ‘‘(i) 1 shall be the head of the respective
cense or certification exam, the share of gible job training programs (as defined in State department of transportation; and
such students who pass such exams; that subsection)— ‘‘(ii) the other director appointed by the
‘‘(IV) the share of such students who con- ‘‘(i) the agency or association’s standards respective governor—
tinue enrollment at the institution of higher include a process for determining if the in- ‘‘(I) shall serve for a 5-year term;
education offering the program within 1 stitution has the capability to effectively ‘‘(II) shall be a resident of the appointing
year; offer an eligible job training program; and governor’s State;
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