Title: Break the Higher Education Monopoly Act of 2019
Policy area: Education

Summary:
Break the Higher Education Monopoly Act of 2019
This bill requires the Department of Education to develop an alternative certification program that allows students to use Pell Grants for enrollment in educational programs that have existed for at least five years and would not otherwise be eligible.
The alternative certification program may not require accreditation, state authorization, minimum instructional hours, or minimum classroom time for an educational program to be eligible.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2123 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2123

  To amend the Federal Pell Grant Program to support career training 
                   opportunities for young Americans.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 16, 2019

  Mr. Hawley introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Pell Grant Program to support career training 
                   opportunities for young Americans.

    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 ``Break the Higher Education Monopoly 
Act of 2019''.

SEC. 2. SUPPORTING CAREER TRAINING OPPORTUNITIES FOR ALL YOUNG 
              AMERICANS.

    Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) 
is amended by adding at the end the following:
    ``(k) Alternative Certification Program.--
            ``(1) In general.--The Secretary shall devise an 
        alternative certification program to enable students to use 
        Federal Pell Grants to enroll in educational programs (either 
        at eligible institutions or institutions that are not eligible 
        institutions) for which students are not otherwise eligible to 
        use Federal Pell Grants under this section.
            ``(2) Definitions.--In this subsection:
                    ``(A) Program completion rate.--The term `program 
                completion rate' means the percentage of enrollees in a 
                program who successfully complete the program 
                requirements within the standard program duration.
                    ``(B) Job placement rate.--The term `job placement 
                rate' means the percentage of graduates who have 
                obtained full-time employment in the graduate's field 
                of study.
            ``(3) No requirement for accreditation or state 
        authorization.--The alternative certification program shall not 
        require accreditation, State authorization, minimum 
        instructional hours, or minimum classroom time of educational 
        programs for which students may use Federal Pell Grants to 
        enroll pursuant to this subsection.
            ``(4) Continuous operation; determination of eligibility.--
        The Secretary shall--
                    ``(A) only certify an educational program under the 
                alternative certification program that--
                            ``(i) has been in existence for not less 
                        than 5 years; and
                            ``(ii) has an annual cost of enrollment for 
                        a year that is equal to or less than the 
                        maximum Federal Pell Grant award applicable to 
                        that year;
                    ``(B) make an initial determination of educational 
                program eligibility under the alternative certification 
                program not later than 180 days after the date of 
                application of the educational program; and
                    ``(C) re-evaluate educational program eligibility 
                under the alternative certification program not less 
                often than once every 5 years.
            ``(5) Information to assess program eligibility.--
                    ``(A) In general.--Each educational program 
                applying for certification or re-certification under 
                the alternative certification program, the Secretary of 
                the Treasury, and the Secretary of Labor shall submit 
                to the Secretary all data necessary for the Secretary 
                to assess educational program eligibility under the 
                alternative certification program.
                    ``(B) Privacy.--The Secretary shall keep all 
                student data submitted under subparagraph (A) private 
                and confidential.
            ``(6) Determinations of program eligibility.--The Secretary 
        shall make a determination of educational program eligibility 
        under the alternative certification program on the basis of 
        student outcomes in the educational program, including based on 
        each of the following:
                    ``(A) Program completion rate.
                    ``(B) Job placement rate within 90 days of program 
                completion.
                    ``(C) Job placement rate within 12 months of 
                program completion.
                    ``(D) Graduate median starting salary.
                    ``(E) Graduate median salary 5 years after program 
                completion.
                    ``(F) Graduate average starting salary.
                    ``(G) Graduate average salary 5 years after program 
                completion.
            ``(7) Decertification.--The Secretary may decertify an 
        educational program under the alternative certification program 
        if the program meets any of the following:
                    ``(A) The program completion rate is less than 70 
                percent.
                    ``(B) The job placement rate within 90 days of 
                program completion is less than 50 percent.
                    ``(C) The job placement rate within 12 months of 
                program completion is less than 70 percent.
                    ``(D) The graduate median starting salary is less 
                than 200 percent of the Federal poverty level for a 
                one-person household.
                    ``(E) The graduate median salary 5 years after 
                program completion is less than 300 percent of the 
                Federal poverty level for a one-person household.
            ``(8) Rule of construction.--Nothing in this subsection 
        shall be construed to extend eligibility with respect to an 
        educational program that is certified under the alternative 
        certification program under this subsection to other programs 
        under this title.''.
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