,i #aafth ,,congress #ast ,session ,h4 ,r4 #ebda ,,in ,,the ,,house ,,of ,,representatives ,november #ba1 #bjai,mr4 ,krishnamoorthi introduced the following bill2 which was referred to the ,committee on ,education and ,labor1 and in addition to the ,committees on ,armed ,services1 and ,veterans' ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide consumer protections for students4 #a4 ,short title ,this ,act may be cited as the ,protecting ,students from ,worthless ,degrees ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,federal financial assistance program ,the term ,federal financial assistance program means a program authorized and funded by the ,federal ,government under any of the following provisions of law3 7,a7 ,title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq474 7,b7 ,title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa et seq474 7,c7 ,the ,adult ,education and ,family ,literacy ,act 7#bi ,u4,s4,c4 #cbga et seq474 7,d7 ,chapter #cj1 #ca1 #cb1 #cc1 #cd1 or #ce of title #ch1 ,united ,states ,code4 7,e7 ,chapter #aja1 #aje1 #ajf;,a1 #afjf1 #afjg1 or #afjh of title #aj1 ,united ,states ,code4 7,f7 ,section #aghd;a1 #bjje1 or #bjjg of title #aj1 ,united ,states ,code4 7#b7 ,freely associated ,states ,the term freely associated ,states means the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 and the ,republic of ,palau4 7#c7 ,institution of higher education ,the term institution of higher education-- 7,a7 with respect to a program authorized under paragraph 7#a77;,a71 has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb72 7,b7 with respect to a program authorized under paragraph 7#a77;,b71 has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb72 7,c7 with respect to a program authorized under paragraph 7#a77;,c71 has the meaning given the term postsecondary educational institution under section #bjc of the ,adult ,education and ,family ,literacy ,act 7#bi ,u4,s4,c4 #cbgb72 7,d7 with respect to a program authorized under paragraph 7#a77;,d71 has the meaning given the term educational institution under section #cdeb of title #ch1 ,united ,states ,code2 7,e7 with respect to a program authorized under paragraph 7#a77;,e71 means an educational institution that awards a degree or certificate and is located in any ,state2 and 7,f7 with respect to a program authorized under paragraph 7#a77;,f71 means an educational institution that awards a degree or certificate and is located in any ,state4 7#d7 ,state ,the term ,state includes1 in addition to the several ,states of the ,united ,states1 the ,commonwealth of ,puerto ,rico1 the ,district of ,columbia1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 the ,commonwealth of the ,northern ,mariana ,islands1 and the freely associated ,states4 #c4 ,protections in occupations requiring ,state licensure ,notwithstanding any other provision of law1 an institution of higher education is not eligible to participate in a ,federal financial assistance program with respect to any program of postsecondary education or training1 including a degree or certificate program and any program offered by distance education or correspondence courses to students located in a ,state other than where the institution is physically located1 that is designed to prepare students for entry into a recognized occupation or profession that requires licensing or other established requirements as a pre-condition for entry into such occupation or profession1 unless1 by not later than #a year after the date of enactment of this ,act-- 7#a7 the successful completion of the program fully qualifies a student1 in the metropolitan statistical area in which the student resides1 in the ,state in which the student resides1 and in any ,state in which the institution indicates1 through advertising or marketing activities or direct contact with potential students1 that a student will be prepared to work in the occupation or profession after successfully completing the program1 to-- 7,a7 take any examination required for entry into the recognized occupation or profession in the metropolitan statistical area and any ,state described in this paragraph1 including satisfying all ,federal1 ,state1 or professionally mandated programmatic and specialized accreditation requirements1 if any2 and 7,b7 be certified or licensed or meet any other academically related pre-conditions that are required for entry into the recognized occupation or profession in any such ,state2 and 7#b7 the institution offering the program provides timely placement for all of the academically related pre-licensure requirements for entry into the recognized occupation or profession1 such as clinical placements1 internships1 or apprenticeships4 #d4 ,certification requirements for gainful employment programs ,section #dhg of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#cj7 ,the institution will-- 7,a7 provide to the ,secretary not later than the first ,december #ca following the date of enactment of the ,protecting ,students from ,worthless ,degrees ,act 7or1 for any institution that does not have an active program participation agreement as of such date1 the first ,december #ca after the institution enters into the agreement71 in accordance with procedures established by the ,secretary1 a certification signed by the most senior executive officer of the institution that the institution and each of the eligible gainful employment programs included on the eligibility and certification approval report of the institution meets the requirements of subsection 7k72 7,b7 include with its certification an explanation of how each eligible gainful employment program is not substantially similar to any ineligible or discontinued program described in subsection 7k77#b77;,d72 and 7,c7 update the certification within #aj days if there are any changes in the approvals for an eligible gainful employment program1 or other changes for an eligible gainful employment program that make the existing certification no longer accurate4 2 and 7#b7 by adding at the end the following3 7k7 ,certification requirements for gainful employment programs 7#a7 ,definition of gainful employment program ,the term gainful employment program means a program of training that-- 7,a7 in order to qualify for assistance under this title1 is required under subsection 7b77#a77;,a77i7 or 7c77#a77;,a7 of section #ajb1 or section #aja7;b77#a71 to satisfy gainful employment requirements2 and 7,b7 is offered by an institution eligible to receive assistance under this title4 7#b7 ,in general ,each eligible gainful employment program included on the eligibility and certification approval report of an institution of higher education shall comply with each of the following3 7,a7 ,the gainful employment program is approved by a recognized accrediting agency or is otherwise included in the institution's accreditation by its recognized accrediting agency1 or1 if the institution is a public postsecondary vocational institution1 the program is approved by a recognized ,state agency for the approval of public postsecondary vocational education in lieu of accreditation4 7,b7 ,the gainful employment program is programmatically accredited1 if such accreditation is required by-- 7i7 a ,federal governmental entity2 7ii7 a governmental entity in the ,state in which the institution is located2 or 7iii7 a governmental entity in a ,state in which the institution is not physically located1 if the institution-- 7,i7 offers postsecondary education through distance education or correspondence courses to students located in that ,state2 or 7,,ii7 is otherwise subject to that ,state's jurisdiction1 as determined by that ,state4 7,c7 ,the gainful employment program satisfies the applicable educational prerequisites for professional licensure or certification requirements in the ,state in which the institution is located or a ,state described in subparagraph 7,b77iii71 so that a student who completes the program and seeks employment in any such ,state qualifies to take any licensure or certification examination that is needed for the student to practice or find employment in an occupation that the program prepares students to enter4 7,d7 ,the gainful employment program is not substantially similar to a program offered by the institution that1 in any of the #c years prior to the date of the eligibility and certification approval report1 became ineligible for funding under this title due to the debt to earning rates measure1 or any subsequent outcome measure1 or was failing1 in the zone1 or otherwise close to failing with respect to1 the debt to earning rates measure1 or any subsequent outcome measure1 and was voluntarily discontinued by the institution4 7#c7 ,requirements ensuring student awareness ,before an institution offering a gainful employment program enrolls any student who intends to reside1 practice1 or seek employment in a ,state for which the program does not satisfy the applicable educational prerequisites for professional licensure or certification requirements needed for that occupation in that ,state1 the institution shall-- 7,a7 notify the student that the gainful employment program does not satisfy the prerequisites2 and 7,b7 obtain from the student a handwritten statement1 in the student's own words and signed by the student1 acknowledging that the student wishes to enroll in the gainful employment program despite knowing that the gainful employment program does not meet the licensure or certification requirements for the occupation in the ,state in which the student intends to reside1 practice1 or seek employment4 7#d7 ,requirements regarding reestablishment of eligibility ,the institution shall not seek to reestablish the eligibility of a gainful employment program that is ineligible for funding under this subsection until not less than #c years following the date specified in the notice of determination informing the institution of the program's ineligibility4 4 #e4 ,state authorization requirements for distance education programs ,section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aja7;a77 is amended-- 7#a7 in subsection 7a77#b71 by inserting 1 in accordance with subsection 7d7 before the semicolon2 and 7#b7 by adding at the end the following3 7d7 ,state authorization 7#a7 ,in general ,an institution that offers postsecondary education through distance education or correspondence courses shall meet the requirements of subsection 7a77#b7 by being legally authorized within each ,state in which the institution's enrolled students are located1 subject to paragraph 7#b74 7#b7 ,state reciprocity agreements ,an institution described in paragraph 7#a7 that is located in a ,state that participates in a ,state authorization reciprocity agreement with another ,state and that is covered by such ,state authorization reciprocity agreement1 is considered to meet ,state requirements for the institution to be legally offering postsecondary distance education or correspondence courses in the other ,state-- 7,a7 subject to any additional requirements of that ,state2 and 7,b7 if the institution documents1 in the manner required by the ,secretary1 that each ,state in which the institution's enrolled students are located has a ,state process-- 7i7 to review and take appropriate action on complaints from any of such enrolled students concerning the institution1 including enforcing applicable ,state law2 and 7ii7 to make the complaints public4 7#c7 ,state authorization reciprocity agreement defined ,in this subsection1 the term ,state authorization reciprocity agreement means an agreement between #b or more ,states that-- 7,a7 authorizes an institution located and legally authorized in a ,state covered by the agreement to provide postsecondary education through distance education or correspondence courses to students located in other ,states covered by the agreement2 and 7,b7 does not prohibit any ,state in the agreement from enforcing the ,state's own statutes and regulations1 regardless as to whether such statutes and regulations are general and apply to all educational institutions or specifically directed at a subset of educational institutions4 4