Title: Pell Flexibility Act of 2019
Policy area: Education

Summary:
Pell Flexibility Act of 2019
This bill directs the Department of Education to implement a demonstration program allowing institutions of higher education to award job training Pell Grants to students in approved short-term career and technical education programs.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2161 Introduced in House (IH)]

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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.

    Be it enacted by the Senate and House of Representatives 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 DEMONSTRATION PROGRAM.

    Section 401A of the Higher Education Act of 1965 (20 U.S.C. 1070a-
1) is amended to read as follows:

``SEC. 401A. JOB TRAINING FEDERAL PELL GRANTS DEMONSTRATION 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 
        section 3 of the Carl D. Perkins Career and Technical Education 
        Act of 2006 (20 U.S.C. 2302), that provides 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 viability of expanding 
        Federal Pell Grant eligibility to short-term career and 
        technical education programs at institutions of higher 
        education;
            ``(2) to help determine the appropriate amount of a Federal 
        Pell Grant provided to an eligible student for a short-term 
        career and technical education program; and
            ``(3) to ensure that short-term career and technical 
        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 occupational cluster.
    ``(c) Demonstration Program Authorized.--
            ``(1) In general.--The Secretary shall select, in 
        accordance with subsections (e) and (f), institutions 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 
        eligible students for approved short-term career and technical 
        education programs at the selected institutions.
            ``(2) Duration.--An institution of higher education 
        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.--
            ``(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' differently 
                than otherwise defined in section 481, in order to 
                enable short-term career and technical education 
                programs to be eligible programs for Job Training 
                Federal Pell Grants; and
                    ``(B) may modify or remove any other statutory or 
                regulatory requirement that the Secretary 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 participation.--In any 
                case where the institution of higher education attended 
                by an eligible student receiving a Job Training Federal 
                Pell Grant ceases participation in the demonstration 
                program under this subsection, the Secretary shall 
                ensure that the eligible student continues to receive 
                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 demonstration program under this 
        section shall submit an application to the Secretary at such 
        time and in such manner as the Secretary may require.
            ``(2) Contents.--Each application shall include--
                    ``(A) a description of not more than 8 short-term 
                career and technical education programs 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 and needs of employers 
                and industries in the State or region involved, based 
                on--
                            ``(i) the most recent needs assessments 
                        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 Unemployment 
                        Statistics of the Bureau of Labor and 
                        Statistics for the region or State involved; 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 career and 
                technical education program in jobs related to the 
                training provided in the program;
                    ``(E) a description of the self-evaluation criteria 
                the institution will use to measure the outcomes of 
                students using Job Training Federal 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 required under 
                this section; and
                    ``(G) such other information as the Secretary 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 demonstration 
                program; and
                    ``(B) approve, from the programs proposed under 
                subsection (e)(2)(A), the short-term career and 
                technical education programs at each institution for 
                which Job Training Federal Pell Grants may be used.
            ``(2) Considerations for initial applications.--In 
        selecting institutions of higher education and short-term 
        career and technical education programs under this section to 
        participate in the demonstration program, the Secretary shall 
        take into account--
                    ``(A) the number of quality applications received;
                    ``(B) the Department's capacity to oversee, 
                monitor, and implement non-standard aid disbursement 
                through the program; and
                    ``(C) with respect to each applying institution 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 
                        region and State in the fields of study 
                        relevant to each short-term career and 
                        technical education program;
                            ``(iii) the needs of the region and State; 
                        and
                            ``(iv) the support of faculty and 
                        institutional leadership.
            ``(3) Variety of short-term programs.--In selecting 
        institutions of higher education for the demonstration program 
        under this section, the Secretary 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 postsecondary 
                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 programs selected to participate in the 
demonstration program under this section.
    ``(h) Evaluation, Reports, and Convenings.--
            ``(1) Evaluation.--The Secretary and the Director of the 
        Institute of Education Sciences shall evaluate the 
        demonstration programs authorized under this section on an 
        annual basis. Each such evaluation shall--
                    ``(A) review the extent to which the participating 
                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 institutions, 
                        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.
            ``(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 
        demonstration program under this section and its outcomes and 
        report those findings to the authorizing committees.
            ``(3) Convenings.--The Secretary shall convene the 
        institutions of higher education participating in the 
        demonstration program at least once every 2 years, in person or 
        by webinar or other electronic means.
    ``(i) Oversight.--
            ``(1) In general.--In conducting the demonstration program 
        authorized under this section, the Secretary shall, on a 
        continuing basis--
                    ``(A) ensure compliance of the institutions of 
                higher education participating in the demonstration 
                program with all applicable requirements 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;
                    ``(D) direct the office of Federal Student Aid and 
                the operations support division of such office to 
                develop a risk analysis model to monitor the integrity 
                of the demonstration program; and
                    ``(E) consult with appropriate State regulatory 
                authorities, as appropriate.
            ``(2) Removal ability.--The Secretary has the authority to 
        remove an institution of higher education or a short-term 
        career and technical education program from the demonstration 
        program based on performance, after notice and an opportunity 
        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.''.
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