Senate Amendment SA 6132 on Workforce Federal Pell Grants — Congressional Record
Summary
This is S5676 of the Congressional Record, Senate, September 29, 2022, listing SA 6132, submitted by Mr. Kaine, for himself and Mr. Portman, intended to be proposed to amendment SA 5499 and to a bill to authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, and ordered to lie on the table. The amendment text is headed Eliminating Short-Term Education Loan Programs; Workforce Federal Pell Grants; Technical Corrections. It provides for eliminating the short-term education loan program and for Workforce Federal Pell Grants under section 401(k) of the Higher Education Act of 1965, with eligibility rules, program requirements, and technical corrections.
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“Senate Amendment SA 6132 on Workforce Federal Pell Grants — Congressional Record.”
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S5676 CONGRESSIONAL RECORD — SENATE September 29, 2022
SA 6132. Mr. KAINE (for himself and an equivalent number of credit hours, offered ‘‘(III) is a program—
Mr. PORTMAN) submitted an amend- during a minimum of 8 weeks and not more ‘‘(aa) provided through an eligible training
ment intended to be proposed to than 15 weeks of instructional time ; and provider, as described under section 122(d) of
‘‘(B) meets the requirements of such sec- the Workforce Innovation and Opportunity
amendment SA 5499 submitted by Mr. tion 401(k).’’. Act; and
REED (for himself and Mr. INHOFE) and (B) EFFECTIVE DATE.—The amendment ‘‘(bb) subject to the reporting requirements
intended to be proposed to the bill H.R. made by subparagraph (A) shall take effect of section 116(d)(4) of the Workforce Innova-
7900, to authorize appropriations for as if included in section 702 of the FAFSA tion and Opportunity Act, or would be sub-
fiscal year 2023 for military activities Simplification Act (title VII of division FF ject to such requirements except for a waiver
of the Department of Defense, for mili- of Public Law 116–260; 134 Stat. 3191) and in issued to a State under section 189(i) of the
tary construction, and for defense ac- accordance with section 701(b) of such Act. Workforce Innovation and Opportunity Act;
(2) STUDENT ELIGIBILITY.— ‘‘(IV) provides a student, upon completion
tivities of the Department of Energy,
(A) IN GENERAL.—Section 484 of the Higher of the program, with a recognized postsec-
to prescribe military personnel Education Act of 1965 (20 U.S.C. 1091), as ondary credential that is stackable and port-
strengths for such fiscal year, and for amended by section 702 of the FAFSA Sim- able across multiple employers and geo-
other purposes; which was ordered to plification Act (title VII of division FF of graphical areas, except that the Secretary
lie on the table; as follows: Public Law 116–260), is amended by adding at may waive some of all of the requirements of
At the appropriate place, insert the fol- the end the following: this subclause if the Secretary determines
lowing: ‘‘(u) ELIGIBILITY FOR WORKFORCE FEDERAL that there are extenuating circumstances
SEC. ll.ELIMINATING SHORT-TERM EDU- PELL GRANTS.—In order to be eligible to re- that justify such waiver;
CATION LOAN PROGRAMS; WORK- ceive a Workforce Federal Pell Grant under ‘‘(V) not later than 18 months after the
FORCE FEDERAL PELL GRANTS; this title for any period of enrollment, a stu- date the program has been approved as an el-
TECHNICAL CORRECTIONS. dent— igible workforce development program under
(a) ELIMINATING SHORT-TERM EDUCATION ‘‘(1) shall meet all other eligibility require- this subsection, has demonstrated that stu-
LOAN PROGRAMS.—Section 481(b) of the High- ments for a Federal Pell Grant except as pro- dents who complete the program receive a
er Education Act of 1965 (20 U.S.C. 1088(b)) is vided in paragraphs (2) and (3); median increase of 20 percent of total earn-
amended by adding at the end the following: ‘‘(2) notwithstanding the eligibility re- ings as compared to total earnings of such
‘‘(5) The Secretary shall eliminate the quirements with respect to the program of students prior to enrolling in such program,
short-term education loan program, as au- study, shall be enrolled, or accepted for en- in accordance with paragraph (2);
thorized under paragraph (2), on the date rollment, in an eligible program under sec- ‘‘(VI) publishes prominently on the website
that is 120 days after the date the Secretary tion 481(b)(5) offered by an eligible institu- of the institution, and provides a written dis-
establishes the application for Workforce tion of higher education, as defined in sec- closure to each prospective student prior to
Federal Pell Grants under section 401(k).’’. tion 401(k)(1)(D); and entering into an enrollment agreement for
(b) TECHNICAL CORRECTIONS.—Section 481(d) ‘‘(3) notwithstanding the eligibility re- such program (which each such student shall
of the Higher Education Act of 1965 (20 U.S.C. quirements with respect to the first under- confirm receiving through a written affirma-
1088(d)) is amended— graduate postbaccalaureate course of study tion prior to entering such enrollment agree-
(1) in paragraph (4)— under section 401(d)(1), may have completed ment) containing, at a minimum, the fol-
(A) in subparagraph (A), by striking such first undergraduate postbaccalaureate lowing information calculated, as applicable,
‘‘under section 12301(a), 12301(g), 12302, 12304, course of study, but shall not have received in accordance with paragraph (8):
or 12306 of title 10, United States Code, or a postbaccalaureate degree.’’. ‘‘(aa) The required tuition and fees of the
any retired member of an Armed Force or- (B) EFFECTIVE DATE.—The amendment program.
dered to active duty under section 688 of made by subparagraph (A) shall take effect ‘‘(bb) The difference between required tui-
such title,’’ and inserting ‘‘or any retired as if included in section 702 of the FAFSA tion and fees described in item (aa) and any
member of an Armed Force ordered to active Simplification Act (title VII of division FF grant aid (which does not need to be repaid)
duty’’; and of Public Law 116–260; 134 Stat. 3191) and in provided to the student.
(B) in subparagraph (B), by striking ‘‘an accordance with section 701(b) of such Act. ‘‘(cc) The completion rate of the program.
Armed Force’’ and inserting ‘‘the uniformed (3) FEDERAL PELL GRANTS.— ‘‘(dd) The employment rates of students
services (as defined in section 101(a) of title (A) IN GENERAL.—Section 401 of the Higher who complete the program, measured at ap-
10, United States Code)’’; and Education Act of 1965 (20 U.S.C. 1070a), as proximately 6 months and 1 year, respec-
(2) by striking paragraph (5) and inserting amended by section 703 of the FAFSA Sim- tively, after completion of the program.
the following: plification Act (title VII of division FF of ‘‘(ee) Total earnings of students who com-
‘‘(5) QUALIFYING NATIONAL GUARD DUTY.— Public Law 116–260), is amended by adding at plete the program, calculated based on earn-
The term ‘qualifying National Guard duty the end the following: ings approximately 6 months after comple-
during a war or other military operation or ‘‘(k) WORKFORCE FEDERAL PELL GRANT tion of the program.
national emergency’ means service as a PROGRAM.— ‘‘(ff) Total earnings of students who do not
member of the National Guard— ‘‘(1) DEFINITIONS.—In this subsection: complete the program, calculated based on
‘‘(A) on full-time National Guard duty (as ‘‘(A) CAREER AND TECHNICAL EDUCATION.— earnings approximately 6 months after ceas-
defined in section 101(d)(5) of title 10, United The term ‘career and technical education’ ing enrollment in the program.
States Code) under a call to active service has the meaning given the term in section 3 ‘‘(gg) The ratio of the amount that is the
authorized by the President or the Secretary of the Carl D. Perkins Career and Technical difference between required tuition and fees
of Defense for a period of more than 30 con- Education Act of 2006. and any grant aid provided to the student de-
secutive days under section 502(f) of title 32, ‘‘(B) ELIGIBLE WORKFORCE DEVELOPMENT scribed in item (bb) to the total earnings of
United States Code, in connection with a PROGRAM.— students described in item (ee).
war, other military operation, or a national ‘‘(i) IN GENERAL.—The term ‘eligible work- ‘‘(hh) An explanation, in clear and plain
emergency declared by the President and force development program’ means a career language that shall be specified by the Sec-
supported by Federal funds; or and technical education program at an eligi- retary, of the ratio described in item (gg).
‘‘(B) on State active duty (as defined in ble institution of higher education that— ‘‘(ii) In the case of a workforce develop-
section 4303 of title 38, United States Code) ‘‘(I) meets the requirements of section ment program that prepares students for a
for a period of more than 30 consecutive days 481(b)(5); professional licensure or certification exam-
in connection with— ‘‘(II) provides education aligned with the ination, the share of such students who pass
‘‘(i) a national emergency declared by the requirements of high-skill, high-wage, or in- such examinations;
President under the National Emergencies demand industry sectors or occupations (in- ‘‘(VII) has been determined by the eligible
Act (50 U.S.C. 1601 et seq.); or cluding in non-traditional fields) in the institution of higher education (after valida-
‘‘(ii) a major disaster declared by the State or local area in which the workforce tion of that determination by an industry or
President under section 401 of the Robert T. development program is provided, as deter- sector partnership or State, in consultation
Stafford Disaster Relief and Emergency As- mined by— with a State board or local board) to provide
sistance Act (42 U.S.C. 5170).’’. ‘‘(aa) the State in which the program is academic content, an amount of instruc-
(c) WORKFORCE FEDERAL PELL GRANT PRO- provided, in consultation with a State board tional time, competencies, and a recognized
GRAM.— or local board that serves such State or local postsecondary credential that are sufficient
(1) ELIGIBLE PROGRAM.— area; to—
(A) IN GENERAL.—Section 481(b) of the ‘‘(bb) a State plan, as described in section ‘‘(aa) meet the hiring requirements of po-
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Higher Education Act of 1965 (20 U.S.C. 122(d)(13)(C) of the Carl D. Perkins Career tential employers in the sectors or occupa-
1088(b)) is amended by adding at the end the and Technical Education Act of 2006; tions described in subclause (II), including
following: ‘‘(cc) an industry or sector partnership; or such requirements identified pursuant to a
‘‘(5) A program is an eligible program for ‘‘(dd) a comprehensive local needs assess- geographically applicable comprehensive
purposes of only section 401(k) if it— ment, as described in section 134(c) of the local needs assessment (as described in sec-
‘‘(A) is a program of at least 150, and not Carl D. Perkins Career and Technical Edu- tion 134(c) of the Carl D. Perkins Career and
more than 600, clock hours of instruction, or cation Act of 2006; Technical Education Act of 2006) or pursuant
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5677
to a State plan (as described in section ‘‘(bb) is part of a career pathway, as de- ‘‘(I) any suspension, emergency action, or
122(d)(13)(C) of the Carl D. Perkins Career fined in section 3 of the Workforce Innova- termination of programs under this title;
and Technical Education Act of 2006); and tion and Opportunity Act; and ‘‘(II) any adverse action by the institu-
‘‘(bb) satisfy any applicable educational ‘‘(cc) is aligned to a program of study, as tion’s accrediting agency or association; or
prerequisite requirement for professional li- defined in section 3 of the Carl D. Perkins ‘‘(III) any action by the State to revoke a
censure or certification in the State or Career and Technical Education Act of 2006. license or other authority to operate; and
States in which the program is offered, so ‘‘(ii) APPROVAL BY THE SECRETARY.—In the ‘‘(iv) is in compliance with the require-
that a student who completes the program case of a program that is seeking to estab- ments of this subsection.
and seeks employment is qualified to prac- lish initial eligibility as an eligible work- ‘‘(E) WIOA DEFINITIONS.—The terms ‘indus-
tice or find employment in such sectors or force development program under this sub- try or sector partnership’, ‘in-demand indus-
occupations that the program prepares stu- paragraph, the Secretary shall make a deter- try sector or occupation’, ‘recognized post-
dents to enter, including, if applicable, being mination whether the program meets the re- secondary credential’, ‘local board’, and
qualified to take any relevant licensure or quirements of this subparagraph not more ‘State board’ have the meanings given such
certification examinations that may be than 120 days after the date on which such terms in section 3 of the Workforce Innova-
needed to practice such employment; program is submitted for consideration as an tion and Opportunity Act.
‘‘(VIII) has been in operation for not less eligible workforce development program. If ‘‘(2) TOTAL EARNINGS INCREASE REQUIRE-
than 1 year prior to becoming an eligible the Secretary determines the program meets MENT.—
workforce development program under this the requirements of this paragraph, the Sec- ‘‘(A) IN GENERAL.—Subject to subpara-
subsection; retary shall grant an initial period of ap- graphs (B) and (C), as a condition of partici-
‘‘(IX) prepares students to pursue one or proval of 2 years. pation under this subsection, the Secretary
more related certificate or degree programs ‘‘(iii) RENEWAL OF APPROVAL BY THE SEC- shall, using the data collected under para-
at one or more institutions of higher edu- RETARY.—An eligible workforce development graph (8) and such other information as the
cation (as defined in section 101) or a post- program that desires to continue eligibility Secretary may require, determine whether
secondary vocational institutions (as defined as an eligible workforce development pro- such workforce development program meets
in section 102(c)), which may include the eli- gram after the period of initial approval de- the requirements of paragraph (1)(B)(i)(V)
gible institution of higher education pro- scribed in clause (ii), or the subsequent pe- with respect to whether the students who
viding the eligible workforce development riod described in this clause, shall submit a complete the program receive a median in-
program, including— renewal application to the Secretary (with crease of 20 percent of such students’ total
‘‘(aa) by ensuring the acceptability of the such information as the Secretary may re- earnings. For the purposes of this paragraph,
credits received under the workforce devel- quire), not more than 270 days and not less the Secretary shall determine such percent-
opment program toward meeting such cer- than 180 days before the end of the previous age increase by calculating the difference be-
tificate or degree program requirements approval period. If the Secretary determines tween—
(such as through an articulation agreement the program meets such requirements, the ‘‘(i) the total earnings of students who en-
as defined in section 486A); and Secretary shall grant another period of ap- roll in such program, calculated based on
‘‘(bb) by ensuring that a student who com- proval for 3 years. earnings approximately 6 months prior to
pletes noncredit coursework in the work- ‘‘(iv) REVOCATION OF APPROVAL BY THE SEC- enrollment; and
force development program, upon completion RETARY.—If at any time the Secretary deter- ‘‘(ii) the total earnings of students who
of the workforce development program and mines that a program previously approved complete such program, calculated based on
enrollment in such a related certificate or under clause (ii) or (iii) is no longer meeting earnings approximately 6 months after com-
degree program, will receive academic credit any of the requirements of an eligible work- pleting such program, subject to subpara-
for such noncredit coursework that will be force development program described in this graph (B).
accepted toward meeting such certificate or subsection, the Secretary— ‘‘(B) EXCLUSION.—An eligible institution of
degree program requirements; ‘‘(I) shall deny a subsequent renewal of ap- higher education offering an eligible work-
‘‘(X) is not offered exclusively through dis- proval in accordance with clause (iii) for force development program for which the
tance education or a correspondence course, such program after the expiration of the ap- Secretary awards Workforce Federal Pell
except as determined by the Secretary to be proval period; Grants under this subsection may exclude
necessary, on a temporary basis, in connec- ‘‘(II) may withdraw approval for such pro- from the calculation under subparagraph
tion with a— gram before the expiration of the approval (A)(ii) any students who are enrolled in an
‘‘(aa) major disaster or emergency declared period; eligible program, as defined in section 481, at
by the President under section 401 or 501 of ‘‘(III) shall ensure students who enrolled in the time that earnings are evaluated under
the Robert T. Stafford Disaster Relief and such programs have access to transcripts for subparagraph (A)(ii).
Emergency Assistance Act (42 U.S.C. 5170 completed coursework without a fee or mon- ‘‘(C) DATE OF EFFECT.—The requirement
and 5191); or etary charge and without regard to any bal- under this paragraph shall take effect begin-
‘‘(bb) national emergency declared by the ance owed to the institution; and ning on the date that is 18 months after the
President under section 201 of the National ‘‘(IV) shall prohibit such program and any date the program has been approved as an el-
Emergencies Act (50 U.S.C. 1601 et seq.); substantially similar program, from being igible workforce development program under
‘‘(XI) includes counseling for students to— considered an eligible workforce develop- this subsection.
‘‘(aa) support each such student in achiev- ment program described in this subsection ‘‘(3) APPEAL OF EARNINGS INFORMATION.—
ing the student’s education and career goals; for a period of not less than 5 years. The Secretary’s determination under para-
and ‘‘(v) ADDITIONAL STATE ASSURANCE.—The graph (2) may include an appeals process to
‘‘(bb) ensure that each such student re- Secretary shall not determine that a pro- permit workforce development programs to
ceives information on— gram is an eligible workforce development submit alternate earnings data (which may
‘‘(AA) the sectors or occupations described program in accordance with clause (ii) unless include discretionary earnings data or total
in subclause (II) for which the workforce de- the Secretary receives a certification from earnings data), provided that such data are
velopment program provides training (in- the State in which the eligible workforce de- statistically rigorous, accurate, comparable,
cluding the total earnings of students who velopment program is provided, containing and representative of students who enroll in
have completed the program and are em- an assurance that the program meets the re- or complete the program, or both, as applica-
ployed in such sectors or occupations, cal- quirements of subclauses (II) and (III) of ble.
culated based on earnings approximately 6 clause (i). ‘‘(4) AUTHORIZATION OF AWARDS.—For the
months after completion of the program); ‘‘(C) TOTAL EARNINGS.—The term ‘total award year beginning on July 1, 2024, and
‘‘(BB) the related certificate or degree pro- earnings’ means the median annualized earn- each subsequent award year, the Secretary
grams described in subclause (X) for which ings, calculated using earnings for a pay pe- shall award Federal Pell Grants to eligible
the workforce development program provides riod, month, quarter, or other time period students pursuant to section 484(u) in eligi-
preparation; and deemed appropriate by the Secretary. ble workforce development programs (re-
‘‘(CC) other sources of financial aid or ‘‘(D) ELIGIBLE INSTITUTION OF HIGHER EDU- ferred to as a ‘Workforce Federal Pell
other assistance for any component of the CATION.—The term ‘eligible institution of Grant’). Each Workforce Federal Pell Grant
student’s cost of attendance (as defined in higher education’ means an institution of awarded under this subsection shall have the
section 472); higher education (as defined in section 101) same terms and conditions, and be awarded
‘‘(XII) meets requirements that are appli- or a postsecondary vocational institution (as in the same manner, as other Federal Pell
cable to a program of training to prepare defined in section 102(c)) that— Grants awarded under subsection (b), except
students for gainful employment in a recog- ‘‘(i) is approved by an accrediting agency a student who is eligible to receive a Work-
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nized occupation; or association that meets the requirements force Federal Pell Grant under this sub-
‘‘(XIII) may include integrated education of section 496(a)(4)(C); section is a student who meets the eligibility
and training; and ‘‘(ii) has not been a proprietary institution criteria in section 484(u).
‘‘(XIV) may be offered as part of a program of higher education, as defined in section ‘‘(5) AMOUNT OF AWARD.—The amount of a
that— 102(b), within the previous 3 years; and Workforce Federal Pell Grant for an eligible
‘‘(aa) meets the requirements of section ‘‘(iii) has not been subject, during any of student shall be determined under subsection
484(d)(2); the preceding 5 years, to— (b), except that a student who is eligible for
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S5678 CONGRESSIONAL RECORD — SENATE September 29, 2022
less than the minimum Federal Pell Grant months after ceasing enrollment in such pro- defined in subsection (k)(1)(B) of section 401
because the eligible workforce development gram. of the Higher Education Act of 1965 (20 U.S.C.
program is less than an academic year (in ‘‘(v) Outcomes of the students who com- 1070a), as added by subparagraph (A). The in-
clock-hours and weeks of instructional time) plete the program, disaggregated by the cat- formation required to determine eligibility
may still be eligible for a Workforce Federal egories listed in clause (i), with respect to— in such application shall be consistent with
Pell Grant. ‘‘(I) the median time to completion among the requirements described in such sub-
‘‘(6) INCLUSION IN TOTAL ELIGIBILITY PE- such students; section (k)(1)(B).
RIOD.—Any period during which a student re- ‘‘(II) the employment rates of such stu- (C) EFFECTIVE DATE.—The amendment
ceives a Workforce Federal Pell Grant under dents, measured at approximately 6 months made by subparagraph (A) shall take effect
this subsection shall be included in calcu- and 1 year, respectively, after completion of as if included in section 703 of the FAFSA
lating the student’s period of eligibility for the eligible workforce development program; Simplification Act (title VII of division FF
Federal Pell Grants under subsection (d), and ‘‘(III) in the case of a workforce develop- of Public Law 116–260; 134 Stat. 3191) and in
the eligibility requirements regarding stu- ment program that prepares students for a accordance with section 701(b) of such Act.
dents who are enrolled in an undergraduate professional licensure or certification exam- (D) IMPLEMENTATION.—In carrying out the
program on less than a full-time basis shall ination, the share of such students who pass amendments made by subparagraph (A), the
similarly apply to students who are enrolled such examinations; Secretary of Education may waive the appli-
in an eligible workforce development pro- ‘‘(IV) the share of such students who enroll cation of—
gram at an eligible institution of higher edu- in a certificate or degree program at the in- (i) the master calendar requirements under
cation on less than a full-time basis. stitution of higher education offering the eli- section 482 of the Higher Education Act of
‘‘(7) SAME PAYMENT PERIOD.—No student gible workforce development program within 1965 (20 U.S.C. 1089); and
may for the same payment period receive 1 year of completing such eligible workforce (ii) negotiated rulemaking under section
both a Workforce Federal Pell Grant under development program; 492 of the Higher Education Act of 1965 (20
this subsection and a Federal Pell Grant ‘‘(V) the share of such students who trans- U.S.C. 1098a).
under this section. fer to another institution of higher edu- (E) STAKEHOLDER ENGAGEMENT.—If the Sec-
‘‘(8) INTERAGENCY DATA COORDINATION AND cation within 1 year of completing the eligi- retary of Education waives the application of
DATA COLLECTION.— ble workforce development program; and negotiated rulemaking pursuant to subpara-
‘‘(A) INTERAGENCY DATA COORDINATION.— ‘‘(VI) the share of such students who com- graph (D)(ii), the Secretary shall, to the
The Secretary shall coordinate with the Sec- plete a subsequent certificate or degree pro- greatest extent practicable, ensure stake-
retary of Labor to ensure access to data nec- gram at any institution of higher education holder engagement in development the appli-
essary to implement this subsection that is within 6 years of completing the eligible cation, guidance, and regulations related to
not otherwise available to the Secretary, in- workforce development program. eligible workforce development programs, as
cluding such data related to indicators of ‘‘(C) EXCEPTIONS.—Notwithstanding any defined in subsection (k)(1)(B) of section 401
performance collected under section 116 of other provision of this paragraph— of the Higher Education Act of 1964 (20 U.S.C.
the Workforce Innovation and Opportunity ‘‘(i) if disclosure of disaggregated data 1070a), as added by subparagraph (A).
Act. under subparagraph (B) is prohibited from
(d) WORKFORCE INNOVATION AND OPPOR-
‘‘(B) DATA ON ELIGIBLE WORKFORCE DEVEL- disclosure due to applicable privacy restric-
TUNITY ACT AMENDMENT.—
OPMENT PROGRAMS.—Except as provided tions, the Secretary may take such steps as
under subparagraph (C), using data otherwise the Secretary determines necessary to pro- (1) ELIGIBLE TRAINING PROVIDER REPORTS.—
available to the Secretary to the greatest ex- vide meaningful disaggregated student de- Section 116(d)(4) of the Workforce Innovation
tent practicable to streamline reporting re- mographic or outcome information, includ- and Opportunity Act (29 U.S.C. 3141(d)(4)) is
quirements and minimize reporting burdens, ing by combining categories; amended—
and in coordination with the National Center ‘‘(ii) an institution may submit, and the (A) in subparagraph (E), by striking ‘‘and’’
for Education Statistics, the Secretary of Secretary may publish, data required to be after the semicolon;
Labor, and each institution of higher edu- collected under subparagraph (B) that is ob- (B) in subparagraph (F), by striking the pe-
cation offering an eligible workforce devel- tained through a State Unemployment In- riod and inserting ‘‘; and’’; and
opment program for which the Secretary surance Agency or through other supple- (C) by adding at the end the following new
awards Workforce Federal Pell Grants under mental means, in lieu of any additional data subparagraph:
this subsection, the Secretary shall, on at collection, provided that such data are sta- ‘‘(G) for programs of study of an eligible
least an annual basis, collect and publish tistically rigorous, accurate, comparable, provider participating in the Workforce Fed-
data with respect to each such eligible work- and representative; eral Pell Grant program under section 401(k)
force development program, including, at a ‘‘(iii) to the extent that another provision of the Higher Education Act of 1965, as added
minimum, the following: of this Act, or any regulation prescribed by section ølllll¿ of the øllll Act¿,
‘‘(i) The number and demographics of stu- under this Act, requires the same reporting such information related to employment and
dents who enroll in the program, or collection of data that is required under earnings as may be required under such sub-
disaggregated by— subparagraph (B), the Secretary may con- section, including information relating to
‘‘(I) sex; sider the reporting under such provision or the total earnings increase under paragraph
‘‘(II) race and ethnicity; regulation to satisfy the requirements of (2) of such subsection, except that the sanc-
‘‘(III) classification as a student with a dis- subparagraph (B); and tions for failure to report under subsection
ability; ‘‘(iv) the Secretary, in consultation with (f)(1)(B) of this section shall not apply to this
‘‘(IV) income quintile, as defined by the the Secretary of Labor, may modify or waive subparagraph.’’.
Secretary; the requirements to disaggregate data by the (2) INTERAGENCY DATA COORDINATION.—Sec-
‘‘(V) military or veteran benefit status; categories listed in subparagraph (B)(i) for tion 116(i) of the Workforce Innovation and
‘‘(VI) status as a first-time student or data described in clauses (iv) and (v)(III) of Opportunity Act (29 U.S.C. 3141(i)) is amend-
transfer student from another institution; subparagraph (B) to align with the reporting ed by adding at the end the following:
‘‘(VII) status as a first generation college requirements of section 116(d)(4) of the ‘‘(4) INTERAGENCY DATA COORDINATION FOR
student; Workforce Innovation and Opportunity Act, WORKFORCE FEDERAL PELL GRANT PROGRAM.—
‘‘(VIII) status as parent or guardian of 1 or streamline reporting requirements, and min- The Secretary of Labor shall coordinate with
more dependent children; imize reporting burdens. the Secretary of Education to ensure access
‘‘(IX) status as a confined or incarcerated ‘‘(D) REPORT.—Not later than July 1, 2025, to data necessary to implement section
individual, as defined under section the Secretary shall— 401(k) of the Higher Education Act of 1965 (20
484(t)(1)(A); and ‘‘(i) submit to the Committee on Health, U.S.C. 1070a(k)), as added by section
‘‘(X) status as a recipient of a Workforce Education, Labor, and Pensions of the Sen- ølllll¿ of the øllll Act¿, that is not
Federal Pell Grant. ate and the Committee on Education and otherwise available to the Secretary of Edu-
‘‘(ii) The number and demographics, Labor of the House of Representatives a re- cation, which may include data related to
disaggregated by the categories listed in port on the impact of eligible workforce de- unemployment insurance, wage information,
clause (i), of students who— velopment programs for which the Secretary employment-related outcomes, and indica-
‘‘(I) complete the program; and awards Workforce Federal Pell Grants under tors of performance collected under this sec-
‘‘(II) do not complete the program. this subsection, based on the most recent tion.’’.
‘‘(iii) The required tuition and fees of the data collected under subparagraph (B); and (e) ACCREDITING AGENCY RECOGNITION OF
program. ‘‘(ii) make the report described in clause (i) ELIGIBLE WORKFORCE DEVELOPMENT PRO-
‘‘(iv) The total earnings of students, available publicly on the website of the De- GRAMS.—Section 496(a)(4) of the Higher Edu-
dlhill on DSK120RN23PROD with SENATE
disaggregated by the categories listed in partment.’’. cation Act of 1965 (20 U.S.C. 1099b(a)(4)) is
clause (i), who— (B) PUBLICATION OF APPLICATION.—Not later amended—
‘‘(I) complete the program, calculated than 1 year after the date of enactment of (1) in subparagraph (A), by striking ‘‘and’’
based on earnings approximately 6 months this Act, the Secretary of Education shall after the semicolon;
after completing such program; and publish the application for workforce devel- (2) in subparagraph (B)(ii), by inserting
‘‘(II) do not complete the program, cal- opment programs to submit for approval as ‘‘and’’ after the semicolon; and
culated based on earnings approximately 6 eligible workforce development programs, as (3) by adding at the end the following:
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September 29, 2022 CONGRESSIONAL RECORD — SENATE S5679
‘‘(C) if such agency or association has or to prescribe military personnel by the firm, nonprofit organization, or as-
seeks to include within its scope of recogni- strengths for such fiscal year, and for signee that reasonable but unsuccessful ef-
tion the evaluation of the quality of institu- other purposes; which was ordered to forts have been made to grant licenses on
tions of higher education participating in similar terms to potential licensees that
lie on the table; as follows:
the Workforce Federal Pell Grant program would be likely to manufacture substantially
under section 401(k), as added by section At the appropriate place, insert the fol- in the United States or that under the cir-
ølllll¿ of the øllll Act¿, such agen- lowing: cumstances domestic manufacture is not
cy or association shall, in addition to meet- SEC. ll. REAUTHORIZATION OF READ ACT. commercially feasible.
ing the other requirements of this subpart, Section 4(a) of the Reinforcing Education ‘‘(B) CONDITIONS ON WAIVERS GRANTED BY
demonstrate to the Secretary that, with re- Accountability in Development Act (division DEPARTMENT.—
spect to such eligible workforce development A of Public Law 115–56; 22 U.S.C. 2151c note) ‘‘(i) BEFORE GRANT OF WAIVER.—Before
programs (as defined in that subsection)— is amended by striking ‘‘during the following granting a waiver under subparagraph (A),
‘‘(i) the agency or association’s standards five fiscal years’’ and inserting ‘‘during the the Secretary shall—
include a process for determining if the in- following ten fiscal years’’. ‘‘(I) consult with the relevant congres-
stitution has the capability to effectively sional committees regarding the decision of
offer an eligible workforce development pro- SA 6134. Ms. BALDWIN (for Mr. the Secretary to grant the waiver; and
gram; and PORTMAN (for himself and Ms. BALD- ‘‘(II) comply with the procedures developed
‘‘(ii) the agency or association requires a WIN)) submitted an amendment in- and implemented pursuant to section
demonstration that the program— tended to be proposed to amendment 70923(b)(2) of the Build America, Buy Amer-
‘‘(I) has identified each recognized postsec- ica Act (subtitle A of title IX of division G of
SA 5499 submitted by Mr. REED (for Public Law 117–58).
ondary credential offered in the relevant in-
dustry in the State or local area where the himself and Mr. INHOFE) and intended ‘‘(ii) PROHIBITION ON GRANTING CERTAIN
industry is located; and to be proposed to the bill H.R. 7900, to WAIVERS.—The Secretary may not grant a
‘‘(II) provides academic content, an authorize appropriations for fiscal year waiver under subparagraph (A) if, as a result
amount of instructional time, competencies, 2023 for military activities of the De- of the waiver, products embodying the appli-
and a recognized postsecondary credential partment of Defense, for military con- cable subject invention, or produced through
sufficient to satisfy any applicable edu- struction, and for defense activities of the use of the applicable subject invention,
cational requirement for professional licen- the Department of Energy, to prescribe will be manufactured substantially in a
sure or certification in the State or States in country of concern.’’.
military personnel strengths for such
which the program is offered, so that a stu-
dent who completes the program and seeks fiscal year, and for other purposes; SA 6135. Mr. SCHUMER (for himself
employment is qualified to practice or find which was ordered to lie on the table; and Mr. CORNYN) submitted an amend-
employment in the sectors or occupations as follows: ment intended to be proposed to
that the program prepares students to enter, At the appropriate place, insert the fol- amendment SA 5499 submitted by Mr.
including, if applicable, being qualified to lowing: REED (for himself and Mr. INHOFE) and
take any relevant licensure or certification SEC. ll. PREFERENCE FOR UNITED STATES IN- intended to be proposed to the bill H.R.
examinations that may be needed to practice DUSTRY. 7900, to authorize appropriations for
such employment.’’. Section 308 of the Homeland Security Act
(f) ADDITIONAL NACIQI REVIEW MEET-
fiscal year 2023 for military activities
of 2002 (6 U.S.C. 188) is amended by adding at of the Department of Defense, for mili-
INGS.—If necessary, the Secretary of Edu- the end the following:
cation shall hold additional meetings of the tary construction, and for defense ac-
‘‘(d) PREFERENCE FOR UNITED STATES IN-
National Advisory Committee on Institu- DUSTRY.—
tivities of the Department of Energy,
tional Quality and Integrity through July 1, ‘‘(1) DEFINITIONS.—In this subsection: to prescribe military personnel
2024 in order to evaluate additions to the ‘‘(A) COUNTRY OF CONCERN.—The term strengths for such fiscal year, and for
scope of recognition of agencies or associa- ‘country of concern’ means a country that— other purposes; which was ordered to
tions with respect to eligible workforce de- ‘‘(i) is a covered nation, as that term is de- lie on the table; as follows:
velopment programs as defined in section fined in section 4872(d) of title 10, United At the end of subtitle E of title VIII, add
401(k) of the Higher Education Act of 1965, as States Code; or the following:
added by subsection (c)(3)(A) of this section, ‘‘(ii) the Secretary determines is engaged SEC. 875. PROHIBITION ON CERTAIN SEMICON-
to prepare for implementation of the Work- in conduct that is detrimental to the na- DUCTOR PRODUCTS AND SERVICES.
force Federal Pell Grant program. tional security of the United States. (a) IN GENERAL.—Section 889 of the John S.
(g) ADMINISTRATIVE FUNDING.—Out of any ‘‘(B) FUNDING AGREEMENT; NONPROFIT ORGA- McCain National Defense Authorization Act
funds in the Treasury not otherwise appro- NIZATION; SUBJECT INVENTION.—The terms for Fiscal Year 2019 (Public Law 115–232; 41
priated, there is appropriated to the Sec- ‘funding agreement’, ‘nonprofit organiza- U.S.C. 3901 note prec.) is amended—
retary of Labor, $75,000,000, for fiscal year tion’, and ‘subject invention’ have the mean- (1) in the section heading, by inserting
2023, to remain available until expended, to ings given those terms in section 201 of title ‘‘AND SEMICONDUCTOR PRODUCTS AND SERV-
assist in carrying out activities relating to 35, United States Code. ICES’’ after ‘‘SERVICES OR EQUIPMENT’’;
section 401(k) of the Higher Education Act of ‘‘(C) MANUFACTURED SUBSTANTIALLY IN THE (2) in subsection (a)(1), by inserting ‘‘, or
1965, as added by this Act, and sections UNITED STATES.—The term ‘manufactured covered semiconductor products or serv-
116(d)(4)(G) and 116(i)(4) of the Workforce In- substantially in the United States’ means ices,’’ after ‘‘equipment or services’’ both
novation and Opportunity Act, as added by manufactured substantially from all arti- places it appears; and
this Act, during fiscal years 2023 through cles, materials, or supplies mined, produced, (3) in subsection (f)—
2031: Provided, That funds appropriated under or manufactured in the United States. (A) by redesignating paragraphs (3) and (4)
this subsection may be used for carrying out ‘‘(D) RELEVANT CONGRESSIONAL COMMIT- as paragraphs (4) and (5), respectively;
such activities directly or through contracts, TEES.—The term ‘relevant congressional (B) by inserting after paragraph (2) the fol-
grants, subgrants and other arrangements, committees’ means— lowing new paragraph:
and may be used for Federal administrative ‘‘(i) the Committee on Homeland Security ‘‘(3) COVERED SEMICONDUCTOR PRODUCT OR
costs relating to such activities. Provided and Governmental Affairs of the Senate; and SERVICES.—The term ‘covered semiconductor
further, That the Secretary of Labor may ‘‘(ii) the Committee on Homeland Security product or services’ means any of the fol-
transfer funds appropriated under this sub- of the House of Representatives. lowing:
section to accounts within the Department ‘‘(2) PREFERENCE.—Subject to the other ‘‘(A) A product that incorporates a semi-
of Labor as necessary, as determined by the provisions of this subsection, no firm or non- conductor product designed or produced by,
Secretary of Labor, to carry out such activi- profit organization which receives title to or any service provided by, Semiconductor
ties. any subject invention developed under a Manufacturing International Corporation
funding agreement entered into with the De- (SMIC), ChangXin Memory Technologies
SA 6133. Mr. DURBIN (for himself partment and no assignee of any such firm or (CXMT), or Yangtze Memory Technologies
and Mr. RUBIO) submitted an amend- nonprofit organization shall grant the exclu- Corp. (YMTC) (or any subsidiary, affiliate, or
ment intended to be proposed to sive right to use or sell any subject inven- successor of such entities).
amendment SA 5499 submitted by Mr. tion unless the products embodying the sub- ‘‘(B) Semiconductor products or services
REED (for himself and Mr. INHOFE) and ject invention or produced through the use of produced or provided by an entity that the
dlhill on DSK120RN23PROD with SENATE
intended to be proposed to the bill H.R. the subject invention will be manufactured Secretary of Defense, in consultation with
substantially in the United States. the Director of the National Intelligence or
7900, to authorize appropriations for
‘‘(3) WAIVERS.— the Director of the Federal Bureau of Inves-
fiscal year 2023 for military activities ‘‘(A) IN GENERAL.—Subject to subparagraph tigation, reasonably believes to be an entity
of the Department of Defense, for mili- (B), in individual cases, the requirement for owned or controlled by, or otherwise con-
tary construction, and for defense ac- an agreement described in paragraph (2) may nected to, the government of a covered for-
tivities of the Department of Energy, be waived by the Secretary upon a showing eign country.’’.
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