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