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) introduced the following bill; which was referred to the Committee on Education and Labor 

A BILL 

To amend the Higher Education Act of 1965 to establish 

a Job Training Federal Pell Grants demonstration program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Pell Flexibility Act 

5 of 2019’’. 

6 SEC. 2. JOB TRAINING FEDERAL PELL GRANTS DEM7 ONSTRATION PROGRAM. 

8 Section 401A of the Higher Education Act of 1965 

9 (20 U.S.C. 1070a–1) is amended to read as follows: 


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1 ‘‘SEC. 401A. JOB TRAINING FEDERAL PELL GRANTS DEM2 ONSTRATION PROGRAM. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) JOB TRAINING FEDERAL PELL GRANT.— 

5 The term ‘Job Training Federal Pell Grant’ means 

6 a short-term Federal Pell Grant provided through 

7 the demonstration program under subsection (c). 

8 ‘‘(2) LOCAL WORKFORCE DEVELOPMENT

9 BOARD.—The term ‘local workforce development 

10 board’ means a local board as defined in section 3 

11 of the Workforce Innovation and Opportunity Act 

12 (29 U.S.C. 3102). 

13 ‘‘(3) SHORT-TERM CAREER AND TECHNICAL

14 EDUCATION PROGRAM.—The term ‘short-term career 

15 and technical education program’ means a career 

16 and technical education program, as defined in sec17 tion 3 of the Carl D. Perkins Career and Technical 

18 Education Act of 2006 (20 U.S.C. 2302), that pro19 vides more than 320 clock hours and less than 600 

20 clock hours of instruction. 

21 ‘‘(b) PURPOSES.—The purposes of this section are— 

22 ‘‘(1) to allow a demonstration program that is 

23 strictly monitored by the Department to test the via24 bility of expanding Federal Pell Grant eligibility to 

25 short-term career and technical education programs 

26 at institutions of higher education; 


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1 ‘‘(2) to help determine the appropriate amount 

2 of a Federal Pell Grant provided to an eligible stu3 dent for a short-term career and technical education 

4 program; and 

5 ‘‘(3) to ensure that short-term career and tech6 nical education programs eligible for a Job Training 

7 Federal Pell Grant provide rigorous and high-quality 

8 instruction or training that prepares students to 

9 enter or advance within a specific occupation or oc10 cupational cluster. 

11 ‘‘(c) DEMONSTRATION PROGRAM AUTHORIZED.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall select, 

13 in accordance with subsections (e) and (f), institu14 tions of higher education to participate in a Job 

15 Training Federal Pell Grant demonstration program 

16 by providing the selected institutions with authority 

17 to award Job Training Federal Pell Grants to eligi18 ble students for approved short-term career and 

19 technical education programs at the selected institu20 tions. 

21 ‘‘(2) DURATION.—An institution of higher edu22 cation selected under paragraph (1) shall have the 

23 authority to provide Job Training Federal Pell 

24 Grants for a period of 5 award years. 

25 ‘‘(d) TERMS AND CONDITIONS; MODIFICATIONS.— 


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1 ‘‘(1) IN GENERAL.—A Job Training Federal 

2 Pell Grant shall have the same terms and conditions 

3 as a Federal Pell Grant under section 401, except 

4 that the Secretary— 

5 ‘‘(A) shall define the terms ‘award year’, 

6 ‘academic year’, and ‘eligible program’ dif7 ferently than otherwise defined in section 481, 

8 in order to enable short-term career and tech9 nical education programs to be eligible pro10 grams for Job Training Federal Pell Grants; 

11 and 

12 ‘‘(B) may modify or remove any other stat13 utory or regulatory requirement that the Sec14 retary determines would otherwise inhibit the 

15 operation of the demonstration program. 

16 ‘‘(2) CONTINUED ELIGIBILITY.— 

17 ‘‘(A) IN GENERAL.—Any eligible student 

18 awarded a Job Training Federal Pell Grant 

19 shall receive the Job Training Federal Pell 

20 Grant for the period that the eligible student is 

21 enrolled and making satisfactory academic 

22 progress in the short-term career and technical 

23 education program. 

24 ‘‘(B) EFFECT ON DISCONTINUED PARTICI25 PATION.—In any case where the institution of 


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1 higher education attended by an eligible student 

2 receiving a Job Training Federal Pell Grant 

3 ceases participation in the demonstration pro4 gram under this subsection, the Secretary shall 

5 ensure that the eligible student continues to re6 ceive the Job Training Federal Pell Grant for 

7 the student’s short-term career and technical 

8 education program during the period described 

9 in subparagraph (A). 

10 ‘‘(e) APPLICATION.— 

11 ‘‘(1) IN GENERAL.—Each institution of higher 

12 education desiring to participate in the demonstra13 tion program under this section shall submit an ap14 plication to the Secretary at such time and in such 

15 manner as the Secretary may require. 

16 ‘‘(2) CONTENTS.—Each application shall in17 clude— 

18 ‘‘(A) a description of not more than 8 

19 short-term career and technical education pro20 grams offered by the institution that would be 

21 eligible for the use of Job Training Federal Pell 

22 Grant funds; 

23 ‘‘(B) an explanation of how each short24 term career and technical education program 

25 provides training aligned with the requirements 


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1 and needs of employers and industries in the 

2 State or region involved, based on— 

3 ‘‘(i) the most recent needs assess4 ments under section 133(c) of the Carl D. 

5 Perkins Career and Technical Education 

6 Act of 2006 (20 U.S.C. 2353(c)) for the 

7 region or State involved; 

8 ‘‘(ii) the employment projections of 

9 the Office of Employment and Unemploy10 ment Statistics of the Bureau of Labor 

11 and Statistics for the region or State in12 volved; or 

13 ‘‘(iii) the recommendations of local 

14 workforce investment boards and State 

15 agencies involved in career and technical 

16 education representing the region or State 

17 involved; 

18 ‘‘(C) a description of the students to whom 

19 these programs will be offered; 

20 ‘‘(D) a description of the activities that the 

21 institution will carry out to place students of 

22 the institution who complete a short-term ca23 reer and technical education program in jobs 

24 related to the training provided in the program; 


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1 ‘‘(E) a description of the self-evaluation 

2 criteria the institution will use to measure the 

3 outcomes of students using Job Training Fed4 eral Pell Grants under this section at the short5 term career and technical education programs 

6 of the institution; 

7 ‘‘(F) a certification that the institution of 

8 higher education will fully cooperate with any 

9 evaluations of the demonstration program re10 quired under this section; and 

11 ‘‘(G) such other information as the Sec12 retary may require. 

13 ‘‘(f) SELECTION.— 

14 ‘‘(1) IN GENERAL.—Not later than 24 months 

15 after the date of enactment of the Pell Flexibility 

16 Act of 2019, the Secretary shall— 

17 ‘‘(A) select not more than 100 institutions 

18 of higher education to carry out the demonstra19 tion program; and 

20 ‘‘(B) approve, from the programs proposed 

21 under subsection (e)(2)(A), the short-term ca22 reer and technical education programs at each 

23 institution for which Job Training Federal Pell 

24 Grants may be used. 


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1 ‘‘(2) CONSIDERATIONS FOR INITIAL APPLICA2 TIONS.—In selecting institutions of higher education 

3 and short-term career and technical education pro4 grams under this section to participate in the dem5 onstration program, the Secretary shall take into ac6 count— 

7 ‘‘(A) the number of quality applications re8 ceived; 

9 ‘‘(B) the Department’s capacity to oversee, 

10 monitor, and implement non-standard aid dis11 bursement through the program; and 

12 ‘‘(C) with respect to each applying institu13 tion of higher education, and each short-term 

14 career and technical education program for 

15 which a Job Training Federal Pell Grant may 

16 be used— 

17 ‘‘(i) the financial responsibility and 

18 administrative capacity for the institution 

19 and program; 

20 ‘‘(ii) the job placement rates in the re21 gion and State in the fields of study rel22 evant to each short-term career and tech23 nical education program; 

24 ‘‘(iii) the needs of the region and 

25 State; and 


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1 ‘‘(iv) the support of faculty and insti2 tutional leadership. 

3 ‘‘(3) VARIETY OF SHORT-TERM PROGRAMS.—In 

4 selecting institutions of higher education for the 

5 demonstration program under this section, the Sec6 retary shall, to the extent practicable based on the 

7 quality of the applications, select institutions of 

8 higher education that, in the aggregate, offer a wide 

9 array of short-term career and technical education 

10 programs, including programs that— 

11 ‘‘(A) are career pathways, as defined by 

12 section 3(7) of the Workforce Innovation and 

13 Opportunity Act (29 U.S.C. 3102(7)); and 

14 ‘‘(B) lead to other recognized postsec15 ondary credentials that are of sufficient quality, 

16 as determined by the Secretary. 

17 ‘‘(g) NOTIFICATION.—The Secretary shall make 

18 available to the public and to the authorizing committees 

19 a list of the short-term career and technical education pro20 grams selected to participate in the demonstration pro21 gram under this section. 

22 ‘‘(h) EVALUATION, REPORTS, AND CONVENINGS.— 

23 ‘‘(1) EVALUATION.—The Secretary and the Di24 rector of the Institute of Education Sciences shall 

25 evaluate the demonstration programs authorized 


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1 under this section on an annual basis. Each such 

2 evaluation shall— 

3 ‘‘(A) review the extent to which the partici4 pating eligible institution has successfully met 

5 its targets set forth in the application to the 

6 Secretary; and 

7 ‘‘(B) include, if possible, both qualitative 

8 and quantitative evidence of— 

9 ‘‘(i) the program’s alignment with 

10 workforce needs, including placement and 

11 retention in jobs related to the training 

12 provided by the program; 

13 ‘‘(ii) job placement and retention 

14 rates of participating students within 6, 

15 12, and 24 months after the completion of 

16 the program; 

17 ‘‘(iii) the effect, if any, this program 

18 has on students attending 4-year institu19 tions, such as student diversion for four20 year institutions to short-term career and 

21 technical education programs; 

22 ‘‘(iv) the extent to which students 

23 have sought a higher credential or degree 

24 or military service; and 

25 ‘‘(v) program completion. 


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1 ‘‘(2) POLICY ANALYSIS; REPORTS.—By not 

2 later than 3 years after the date that the first Job 

3 Training Federal Pell Grants are awarded under 

4 this section, the Secretary shall review the dem5 onstration program under this section and its out6 comes and report those findings to the authorizing 

7 committees. 

8 ‘‘(3) CONVENINGS.—The Secretary shall con9 vene the institutions of higher education partici10 pating in the demonstration program at least once 

11 every 2 years, in person or by webinar or other elec12 tronic means. 

13 ‘‘(i) OVERSIGHT.— 

14 ‘‘(1) IN GENERAL.—In conducting the dem15 onstration program authorized under this section, 

16 the Secretary shall, on a continuing basis— 

17 ‘‘(A) ensure compliance of the institutions 

18 of higher education participating in the dem19 onstration program with all applicable require20 ments of this title; 

21 ‘‘(B) provide technical assistance; 

22 ‘‘(C) monitor fluctuations in the student 

23 population enrolled in the short-term career and 

24 technical education programs participating in 

25 the demonstration program; 


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1 ‘‘(D) direct the office of Federal Student 

2 Aid and the operations support division of such 

3 office to develop a risk analysis model to mon4 itor the integrity of the demonstration program; 

5 and 

6 ‘‘(E) consult with appropriate State regu7 latory authorities, as appropriate. 

8 ‘‘(2) REMOVAL ABILITY.—The Secretary has 

9 the authority to remove an institution of higher edu10 cation or a short-term career and technical edu11 cation program from the demonstration program 

12 based on performance, after notice and an oppor13 tunity for a hearing. 

14 ‘‘(j) SUNSET.—This section shall cease to have effect 

15 on the date that is 7 years after the date of enactment 

16 of the Pell Flexibility Act of 2019.’’. 

Æ 


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