Pell Flexibility Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2161 To amend the Higher Education Act of 1965 to establish a Job Training Federal Pell Grants demonstration program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 9, 2019 Mr. BANKS (for himself, Mr. GIBBS, and Mr. KEVIN HERN of Oklahoma) in- troduced the following bill; which was referred to the Committee on Edu- cation and Labor A BILL To amend the Higher Education Act of 1965 to establish a Job Training Federal Pell Grants demonstration pro- gram, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Pell Flexibility Act 4 of 2019’’. 5 SEC. 2. JOB TRAINING FEDERAL PELL GRANTS DEM- 6 ONSTRATION PROGRAM. 7 Section 401A of the Higher Education Act of 1965 8 (20 U.S.C. 1070a–1) is amended to read as follows: 9 VerDate Sep 11 2014 04:20 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2161.IH H2161 kjohnson on DSK79L0C42 with BILLS 2 •HR 2161 IH ‘‘SEC. 401A. JOB TRAINING FEDERAL PELL GRANTS DEM- 1 ONSTRATION PROGRAM. 2 ‘‘(a) DEFINITIONS.—In this section: 3 ‘‘(1) JOB TRAINING FEDERAL PELL GRANT.— 4 The term ‘Job Training Federal Pell Grant’ means 5 a short-term Federal Pell Grant provided through 6 the demonstration program under subsection (c). 7 ‘‘(2) LOCAL WORKFORCE DEVELOPMENT 8 BOARD.—The term ‘local workforce development 9 board’ means a local board as defined in section 3 10 of the Workforce Innovation and Opportunity Act 11 (29 U.S.C. 3102). 12 ‘‘(3) SHORT-TERM CAREER AND TECHNICAL 13 EDUCATION PROGRAM.—The term ‘short-term career 14 and technical education program’ means a career 15 and technical education program, as defined in sec- 16 tion 3 of the Carl D. Perkins Career and Technical 17 Education Act of 2006 (20 U.S.C. 2302), that pro- 18 vides more than 320 clock hours and less than 600 19 clock hours of instruction. 20 ‘‘(b) PURPOSES.—The purposes of this section are— 21 ‘‘(1) to allow a demonstration program that is 22 strictly monitored by the Department to test the via- 23 bility of expanding Federal Pell Grant eligibility to 24 short-term career and technical education programs 25 at institutions of higher education; 26 VerDate Sep 11 2014 04:20 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2161.IH H2161 kjohnson on DSK79L0C42 with BILLS 3 •HR 2161 IH ‘‘(2) to help determine the appropriate amount 1 of a Federal Pell Grant provided to an eligible stu- 2 dent for a short-term career and technical education 3 program; and 4 ‘‘(3) to ensure that short-term career and tech- 5 nical education programs eligible for a Job Training 6 Federal Pell Grant provide rigorous and high-quality 7 instruction or training that prepares students to 8 enter or advance within a specific occupation or oc- 9 cupational cluster. 10 ‘‘(c) DEMONSTRATION PROGRAM AUTHORIZED.— 11 ‘‘(1) IN GENERAL.—The Secretary shall select, 12 in accordance with subsections (e) and (f), institu- 13 tions of higher education to participate in a Job 14 Training Federal Pell Grant demonstration program 15 by providing the selected institutions with authority 16 to award Job Training Federal Pell Grants to eligi- 17 ble students for approved short-term career and 18 technical education programs at the selected institu- 19 tions. 20 ‘‘(2) DURATION.—An institution of higher edu- 21 cation selected under paragraph (1) shall have the 22 authority to provide Job Training Federal Pell 23 Grants for a period of 5 award years. 24 ‘‘(d) TERMS AND CONDITIONS; MODIFICATIONS.— 25 VerDate Sep 11 2014 04:20 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2161.IH H2161 kjohnson on DSK79L0C42 with BILLS 4 •HR 2161 IH ‘‘(1) IN GENERAL.—A Job Training Federal 1 Pell Grant shall have the same terms and conditions 2 as a Federal Pell Grant under section 401, except 3 that the Secretary— 4 ‘‘(A) shall define the terms ‘award year’, 5 ‘academic year’, and ‘eligible program’ dif- 6 ferently than otherwise defined in section 481, 7 in order to enable short-term career and tech- 8 nical education programs to be eligible pro- 9 grams for Job Training Federal Pell Grants; 10 and 11 ‘‘(B) may modify or remove any other stat- 12 utory or regulatory requirement that the Sec- 13 retary determines would otherwise inhibit the 14 operation of the demonstration program. 15 ‘‘(2) CONTINUED ELIGIBILITY.— 16 ‘‘(A) IN GENERAL.—Any eligible student 17 awarded a Job Training Federal Pell Grant 18 shall receive the Job Training Federal Pell 19 Grant for the period that the eligible student is 20 enrolled and making satisfactory academic 21 progress in the short-term career and technical 22 education program. 23 ‘‘(B) EFFECT ON DISCONTINUED PARTICI- 24 PATION.—In any case where the institution of 25 VerDate Sep 11 2014 04:20 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2161.IH H2161 kjohnson on DSK79L0C42 with BILLS 5 •HR 2161 IH higher education attended by an eligible student 1 receiving a Job Training Federal Pell Grant 2 ceases participation in the demonstration pro- 3 gram under this subsection, the Secretary shall 4 ensure that the eligible student continues to re- 5 ceive the Job Training Federal Pell Grant for 6 the student’s short-term career and technical 7 education program during the period described 8 in subparagraph (A). 9 ‘‘(e) APPLICATION.— 10 ‘‘(1) IN GENERAL.—Each institution of higher 11 education desiring to participate in the demonstra- 12 tion program under this section shall submit an ap- 13 plication to the Secretary at such time and in such 14 manner as the Secretary may require. 15 ‘‘(2) CONTENTS.—Each application shall in- 16 clude— 17 ‘‘(A) a description of not more than 8 18 short-term career and technical education pro- 19 grams offered by the institution that would be 20 eligible for the use of Job Training Federal Pell 21 Grant funds; 22 ‘‘(B) an explanation of how each short- 23 term career and technical education program 24 provides training aligned with the requirements 25 VerDate Sep 11 2014 04:20 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2161.IH H2161 kjohnson on DSK79L0C42 with BILLS 6 •HR 2161 IH and needs of employers and industries in the 1 State or region involved, based on— 2 ‘‘(i) the most recent needs assess- 3 ments under section 133(c) of the Carl D. 4 Perkins Career and Technical Education 5 Act of 2006 (20 U.S.C. 2353(c)) for the 6 region or State involved; 7 ‘‘(ii) the employment projections of 8 the Office of Employment and Unemploy- 9 ment Statistics of the Bureau of Labor 10 and Statistics for the region or State in- 11 volved; or 12 ‘‘(iii) the recommendations of local 13 workforce investment boards and State 14 agencies involved in career and technical 15 education representing the region or State 16 involved; 17 ‘‘(C) a description of the students to whom 18 these programs will be offered; 19 ‘‘(D) a description of the activities that the 20 institution will carry out to place students of 21 the institution who complete a short-term ca- 22 reer and technical education program in jobs 23 related to the training provided in the program; 24 VerDate Sep 11 2014 04:20 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2161.IH H2161 kjohnson on DSK79L0C42 with BILLS 7 •HR 2161 IH ‘‘(E) a description of the self-evaluation 1 criteria the institution will use to measure the 2 outcomes of students using Job Training Fed- 3 eral Pell Grants under this section at the short- 4 term career and technical education programs 5 of the institution; 6 ‘‘(F) a certification that the institution of 7 higher education will fully cooperate with any 8 evaluations of the demonstration program re- 9 quired under this section; and 10 ‘‘(G) such other information as the Sec- 11 retary may require. 12 ‘‘(f) SELECTION.— 13 ‘‘(1) IN GENERAL.—Not later than 24 months 14 after the date of enactment of the Pell Flexibility 15 Act of 2019, the Secretary shall— 16 ‘‘(A) select not more than 100 institutions 17 of higher education to carry out the demonstra- 18 tion program; and 19 ‘‘(B) approve, from the programs proposed 20 under subsection (e)(2)(A), the short-term ca- 21 reer and technical education programs at each 22 institution for which Job Training Federal Pell 23 Grants may be used. 24 VerDate Sep 11 2014 04:20 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2161.IH H2161 kjohnson on DSK79L0C42 with BILLS 8 •HR 2161 IH ‘‘(2) CONSIDERATIONS FOR INITIAL APPLICA- 1 TIONS.—In selecting institutions of higher education 2 and short-term career and technical education pro- 3 grams under this section to participate in the dem- 4 onstration program, the Secretary shall take into ac- 5 count— 6 ‘‘(A) the number of quality applications re- 7 ceived; 8 ‘‘(B) the Department’s capacity to oversee, 9 monitor, and implement non-standard aid dis- 10 bursement through the program; and 11 ‘‘(C) with respect to each applying institu- 12 tion of higher education, and each short-term 13 career and technical education program for 14 which a Job Training Federal Pell Grant may 15 be used— 16 ‘‘(i) the financial responsibility and 17 administrative capacity for the institution 18 and program; 19 ‘‘(ii) the job placement rates in the re- 20 gion and State in the fields of study rel- 21 evant to each short-term career and tech- 22 nical education program; 23 ‘‘(iii) the needs of the region and 24 State; and 25 VerDate Sep 11 2014 04:20 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2161.IH H2161 kjohnson on DSK79L0C42 with BILLS 9 •HR 2161 IH ‘‘(iv) the support of faculty and insti- 1 tutional leadership. 2 ‘‘(3) VARIETY OF SHORT-TERM PROGRAMS.—In 3 selecting institutions of higher education for the 4 demonstration program under this section, the Sec- 5 retary shall, to the extent practicable based on the 6 quality of the applications, select institutions of 7 higher education that, in the aggregate, offer a wide 8 array of short-term career and technical education 9 programs, including programs that— 10 ‘‘(A) are career pathways, as defined by 11 section 3(7) of the Workforce Innovation and 12 Opportunity Act (29 U.S.C. 3102(7)); and 13 ‘‘(B) lead to other recognized postsec- 14 ondary credentials that are of sufficient quality, 15 as determined by the Secretary. 16 ‘‘(g) NOTIFICATION.—The Secretary shall make 17 available to the public and to the authorizing committees 18 a list of the short-term career and technical education pro- 19 grams selected to participate in the demonstration pro- 20 gram under this section. 21 ‘‘(h) EVALUATION, REPORTS, AND CONVENINGS.— 22 ‘‘(1) EVALUATION.—The Secretary and the Di- 23 rector of the Institute of Education Sciences shall 24 evaluate the demonstration programs authorized 25 VerDate Sep 11 2014 04:20 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2161.IH H2161 kjohnson on DSK79L0C42 with BILLS 10 •HR 2161 IH under this section on an annual basis. Each such 1 evaluation shall— 2 ‘‘(A) review the extent to which the partici- 3 pating eligible institution has successfully met 4 its targets set forth in the application to the 5 Secretary; and 6 ‘‘(B) include, if possible, both qualitative 7 and quantitative evidence of— 8 ‘‘(i) the program’s alignment with 9 workforce needs, including placement and 10 retention in jobs related to the training 11 provided by the program; 12 ‘‘(ii) job placement and retention 13 rates of participating students within 6, 14 12, and 24 months after the completion of 15 the program; 16 ‘‘(iii) the effect, if any, this program 17 has on students attending 4-year institu- 18 tions, such as student diversion for four- 19 year institutions to short-term career and 20 technical education programs; 21 ‘‘(iv) the extent to which students 22 have sought a higher credential or degree 23 or military service; and 24 ‘‘(v) program completion. 25 VerDate Sep 11 2014 04:20 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2161.IH H2161 kjohnson on DSK79L0C42 with BILLS 11 •HR 2161 IH ‘‘(2) POLICY ANALYSIS; REPORTS.—By not 1 later than 3 years after the date that the first Job 2 Training Federal Pell Grants are awarded under 3 this section, the Secretary shall review the dem- 4 onstration program under this section and its out- 5 comes and report those findings to the authorizing 6 committees. 7 ‘‘(3) CONVENINGS.—The Secretary shall con- 8 vene the institutions of higher education partici- 9 pating in the demonstration program at least once 10 every 2 years, in person or by webinar or other elec- 11 tronic means. 12 ‘‘(i) OVERSIGHT.— 13 ‘‘(1) IN GENERAL.—In conducting the dem- 14 onstration program authorized under this section, 15 the Secretary shall, on a continuing basis— 16 ‘‘(A) ensure compliance of the institutions 17 of higher education participating in the dem- 18 onstration program with all applicable require- 19 ments of this title; 20 ‘‘(B) provide technical assistance; 21 ‘‘(C) monitor fluctuations in the student 22 population enrolled in the short-term career and 23 technical education programs participating in 24 the demonstration program; 25 VerDate Sep 11 2014 04:20 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2161.IH H2161 kjohnson on DSK79L0C42 with BILLS 12 •HR 2161 IH ‘‘(D) direct the office of Federal Student 1 Aid and the operations support division of such 2 office to develop a risk analysis model to mon- 3 itor the integrity of the demonstration program; 4 and 5 ‘‘(E) consult with appropriate State regu- 6 latory authorities, as appropriate. 7 ‘‘(2) REMOVAL ABILITY.—The Secretary has 8 the authority to remove an institution of higher edu- 9 cation or a short-term career and technical edu- 10 cation program from the demonstration program 11 based on performance, after notice and an oppor- 12 tunity for a hearing. 13 ‘‘(j) SUNSET.—This section shall cease to have effect 14 on the date that is 7 years after the date of enactment 15 of the Pell Flexibility Act of 2019.’’. 16 Æ VerDate Sep 11 2014 04:20 Apr 17, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H2161.IH H2161 kjohnson on DSK79L0C42 with BILLS