II 

110TH CONGRESS 

1ST SESSION S. 938 

To amend the Higher Education Act of 1965 to expand college access and 

increase college persistence, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 20, 2007 

Mr. REED (for himself, Ms. COLLINS, Mr. KENNEDY, Mrs. MURRAY, Mr. 

DODD, and Mr. SANDERS) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

A BILL 

To amend the Higher Education Act of 1965 to expand 

college access and increase college persistence, 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 ‘‘Accessing College 

5 through Comprehensive Early Outreach and State Part6 nerships Act’’. 

7 SEC. 2. GRANTS FOR ACCESS AND PERSISTENCE. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 415A(b) of the Higher Education Act of 1965 (20 U.S.C. 

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1 1070c(b)) is amended by striking paragraphs (1) and (2) 

2 and inserting the following: 

3 ‘‘(1) IN GENERAL.—There are authorized to be 

4 appropriated to carry out this subpart $500,000,000 

5 for fiscal year 2008, and such sums as may be nec6 essary for each of the 5 succeeding fiscal years. 

7 ‘‘(2) RESERVATION.—For any fiscal year for 

8 which the amount appropriated under paragraph (1) 

9 exceeds $30,000,000, the excess amount shall be 

10 available to carry out section 415E.’’. 

11 (b) APPLICATIONS FOR LEVERAGING EDUCATIONAL

12 ASSISTANCE PARTNERSHIP PROGRAMS.—Section 415C(b) 

13 of the Higher Education Act of 1965 (20 U.S.C. 1070c– 

14 2(b)) is amended— 

15 (1) in paragraph (2), by striking ‘‘$5,000’’ and 

16 inserting ‘‘$12,500’’; 

17 (2) in paragraph (9), by striking ‘‘and’’ after 

18 the semicolon; 

19 (3) in paragraph (10), by striking the period at 

20 the end and inserting ‘‘; and’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(11) provides notification to eligible students 

23 that such grants are— 

24 ‘‘(A) Leveraging Educational Assistance 

25 Partnership Grants; and 

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1 ‘‘(B) funded by the Federal Government 

2 and the State.’’. 

3 (c) GRANTS FOR ACCESS AND PERSISTENCE.—Sec4 tion 415E of the Higher Education Act of 1965 (20 

5 U.S.C. 1070c–3a) is amended to read as follows: 

6 ‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE. 

7 ‘‘(a) PURPOSE.—It is the purpose of this section to 

8 expand college access and increase college persistence by 

9 making allotments to States to enable the States to— 

10 ‘‘(1) expand and enhance partnerships with in11 stitutions of higher education, early information and 

12 intervention, mentoring, or outreach programs, pri13 vate corporations, philanthropic organizations, and 

14 other interested parties to carry out activities under 

15 this section and to provide coordination and cohesion 

16 among Federal, State, and local governmental and 

17 private efforts that provide financial assistance to 

18 help low-income students attend college; 

19 ‘‘(2) provide need-based access and persistence 

20 grants to eligible low-income students; 

21 ‘‘(3) provide early notification to low-income 

22 students of their eligibility for financial aid; and 

23 ‘‘(4) encourage increased participation in early 

24 information and intervention, mentoring, or outreach 

25 programs. 

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1 ‘‘(b) ALLOTMENTS TO STATES.— 

2 ‘‘(1) IN GENERAL.— 

3 ‘‘(A) AUTHORIZATION.—From sums re4 served under section 415A(b)(2) for each fiscal 

5 year, the Secretary shall make an allotment to 

6 each State that submits an application for an 

7 allotment in accordance with subsection (c) to 

8 enable the State to pay the Federal share of the 

9 cost of carrying out the activities under sub10 section (d). 

11 ‘‘(B) DETERMINATION OF ALLOTMENT.— 

12 In making allotments under subparagraph (A), 

13 the Secretary shall consider the following: 

14 ‘‘(i) CONTINUATION OF AWARD.—If a 

15 State continues to meet the specifications 

16 established in its application under sub17 section (c), the Secretary shall make an al18 lotment to such State that is not less than 

19 the allotment made to such State for the 

20 previous fiscal year. 

21 ‘‘(ii) PRIORITY.—The Secretary shall 

22 give priority in making allotments to 

23 States that meet the requirements under 

24 paragraph (2)(B)(ii). 

25 ‘‘(2) FEDERAL SHARE.— 

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1 ‘‘(A) IN GENERAL.—The Federal share of 

2 the cost of carrying out the activities under 

3 subsection (d) for any fiscal year shall not ex4 ceed 66.66 percent. 

5 ‘‘(B) DIFFERENT PERCENTAGES.—The 

6 Federal share under this section shall be deter7 mined in accordance with the following: 

8 ‘‘(i) If a State applies for an allot9 ment under this section in partnership 

10 with any number of degree granting insti11 tutions of higher education in the State 

12 whose combined full-time enrollment rep13 resents less than a majority of all students 

14 attending institutions of higher education 

15 in the State, and philanthropic organiza16 tions that are located in, or that provide 

17 funding in, the State or private corpora18 tions that are located in, or that do busi19 ness in, the State, then the Federal share 

20 of the cost of carrying out the activities 

21 under subsection (d) shall be equal to 57 

22 percent. 

23 ‘‘(ii) If a State applies for an allot24 ment under this section in partnership 

25 with any number of degree granting instimstockstill on PROD1PC66 with BILLS

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1 tutions of higher education in the State 

2 whose combined full-time enrollment rep3 resents a majority of all students attending 

4 institutions of higher education in the 

5 State, philanthropic organizations that are 

6 located in, or that provide funding in, the 

7 State, and private corporations that are lo8 cated in, or that do business in, the State, 

9 then the Federal share of the cost of car10 rying out the activities under subsection 

11 (d) shall be equal to 66.66 percent. 

12 ‘‘(C) NON-FEDERAL SHARE.— 

13 ‘‘(i) IN GENERAL.—The non-Federal 

14 share under this section may be provided 

15 in cash or in kind, fairly evaluated. 

16 ‘‘(ii) IN KIND CONTRIBUTION.—For 

17 the purpose of calculating the non-Federal 

18 share under this subparagraph, an in kind 

19 contribution is a non-cash contribution 

20 that— 

21 ‘‘(I) has monetary value, such as 

22 the provision of— 

23 ‘‘(aa) room and board; or 

24 ‘‘(bb) transportation passes; 

25 and 

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1 ‘‘(II) helps a student meet the 

2 cost of attendance at an institution of 

3 higher education. 

4 ‘‘(iii) EFFECT ON NEEDS ANALYSIS.— 

5 For the purpose of calculating a student’s 

6 need in accordance with part F, an in kind 

7 contribution described in clause (ii) shall 

8 not be considered an asset or income of the 

9 student or the student’s parent. 

10 ‘‘(c) APPLICATION FOR ALLOTMENT.— 

11 ‘‘(1) IN GENERAL.— 

12 ‘‘(A) SUBMISSION.—A State that desires 

13 to receive an allotment under this section shall 

14 submit an application to the Secretary at such 

15 time, in such manner, and containing such in16 formation as the Secretary may require. 

17 ‘‘(B) CONTENT.—An application submitted 

18 under subparagraph (A) shall include the fol19 lowing: 

20 ‘‘(i) A description of the State’s plan 

21 for using the allotted funds. 

22 ‘‘(ii) Assurances that the State will 

23 provide matching funds, from State, insti24 tutional, philanthropic, or private funds, of 

25 not less than 33.33 percent of the cost of 

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1 carrying out the activities under subsection 

2 (d). Matching funds from philanthropic or3 ganizations used to provide early informa4 tion and intervention, mentoring, or out5 reach programs may be in cash or in kind. 

6 The State shall specify the methods by 

7 which matching funds will be paid and in8 clude provisions designed to ensure that 

9 funds provided under this section will be 

10 used to supplement, and not supplant, 

11 Federal and non-Federal funds available 

12 for carrying out the activities under this 

13 title. A State that uses non-Federal funds 

14 to create or expand existing partnerships 

15 with nonprofit organizations or commu16 nity-based organizations in which such or17 ganizations match State funds for student 

18 scholarships, may apply such matching 

19 funds from such organizations toward ful20 filling the State’s matching obligation 

21 under this clause. 

22 ‘‘(iii) Assurances that early informa23 tion and intervention, mentoring, or out24 reach programs exist within the State or 

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1 that there is a plan to make such pro2 grams widely available. 

3 ‘‘(iv) A description of the organiza4 tional structure that the State has in place 

5 to administer the activities under sub6 section (d). 

7 ‘‘(v) A description of the steps the 

8 State will take to ensure students who re9 ceive grants under this section persist to 

10 degree completion. 

11 ‘‘(vi) Assurances that the State has a 

12 method in place, such as acceptance of the 

13 automatic zero expected family contribu14 tion determination described in section 

15 479(c), to identify eligible low-income stu16 dents and award State grant aid to such 

17 students. 

18 ‘‘(vii) Assurances that the State will 

19 provide notification to eligible low-income 

20 students that grants under this section 

21 are— 

22 ‘‘(I) Leveraging Educational As23 sistance Partnership Grants; and 

24 ‘‘(II) funded by the Federal Gov25 ernment and the State. 

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1 ‘‘(2) STATE AGENCY.—The State agency that 

2 submits an application for a State under section 

3 415C(a) shall be the same State agency that sub4 mits an application under paragraph (1) for such 

5 State. 

6 ‘‘(3) PARTNERSHIP.—In applying for an allot7 ment under this section, the State agency shall apply 

8 for the allotment in partnership with— 

9 ‘‘(A) not less than 1 public and 1 private 

10 degree granting institution of higher education 

11 that are located in the State; 

12 ‘‘(B) new or existing early information and 

13 intervention, mentoring, or outreach programs 

14 located in the State; and 

15 ‘‘(C) not less than 1— 

16 ‘‘(i) philanthropic organization located 

17 in, or that provides funding in, the State; 

18 or 

19 ‘‘(ii) private corporation located in, or 

20 that does business in, the State. 

21 ‘‘(4) ROLES OF PARTNERS.— 

22 ‘‘(A) STATE AGENCY.—A State agency 

23 that is in a partnership receiving an allotment 

24 under this section— 

25 ‘‘(i) shall— 

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1 ‘‘(I) serve as the primary admin2 istrative unit for the partnership; 

3 ‘‘(II) provide or coordinate 

4 matching funds, and coordinate activi5 ties among partners; 

6 ‘‘(III) encourage each institution 

7 of higher education in the State to 

8 participate in the partnership; 

9 ‘‘(IV) make determinations and 

10 early notifications of assistance as de11 scribed under subsection (d)(2); and 

12 ‘‘(V) annually report to the Sec13 retary on the partnership’s progress 

14 in meeting the purpose of this section; 

15 and 

16 ‘‘(ii) may provide early information 

17 and intervention, mentoring, or outreach 

18 programs. 

19 ‘‘(B) DEGREE GRANTING INSTITUTIONS OF

20 HIGHER EDUCATION.—A degree granting insti21 tution of higher education that is in a partner22 ship receiving an allotment under this section— 

23 ‘‘(i) shall— 

24 ‘‘(I) recruit and admit partici25 pating qualified students and provide 

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1 such additional institutional grant aid 

2 to participating students as agreed to 

3 with the State agency; 

4 ‘‘(II) provide support services to 

5 students who receive an access and 

6 persistence grant under this section 

7 and are enrolled at such institution; 

8 and 

9 ‘‘(III) assist the State in the 

10 identification of eligible students and 

11 the dissemination of early notifica12 tions of assistance as agreed to with 

13 the State agency; and 

14 ‘‘(ii) may provide funding for early in15 formation and intervention, mentoring, or 

16 outreach programs or provide such services 

17 directly. 

18 ‘‘(C) PROGRAMS.—An early information 

19 and intervention, mentoring, or outreach pro20 gram that is in a partnership receiving an allot21 ment under this section shall provide direct 

22 services, support, and information to partici23 pating students. 

24 ‘‘(D) PHILANTHROPIC ORGANIZATION OR

25 PRIVATE CORPORATION.—A philanthropic orgamstockstill on PROD1PC66 with BILLS

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1 nization or private corporation that is in a part2 nership receiving an allotment under this sec3 tion shall provide funds for access and persist4 ence grants for participating students, or pro5 vide funds or support for early information and 

6 intervention, mentoring, or outreach programs. 

7 ‘‘(d) AUTHORIZED ACTIVITIES.— 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) ESTABLISHMENT OF PARTNER10 SHIP.—Each State receiving an allotment under 

11 this section shall use the funds to establish a 

12 partnership to award access and persistence 

13 grants to eligible low-income students in order 

14 to increase the amount of financial assistance 

15 such students receive under this subpart for un16 dergraduate education expenses. 

17 ‘‘(B) AMOUNT.— 

18 ‘‘(i) PARTNERSHIPS WITH INSTITU19 TIONS SERVING LESS THAN A MAJORITY

20 OF STUDENTS IN THE STATE.— 

21 ‘‘(I) IN GENERAL.—In the case 

22 where a State receiving an allotment 

23 under this section is in a partnership 

24 described in subsection (b)(2)(B)(i), 

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1 ence grant awarded by such State 

2 shall be not less than the amount that 

3 is equal to the average undergraduate 

4 tuition and mandatory fees at 4-year 

5 public institutions of higher education 

6 in the State where the student resides 

7 (less any other Federal or State spon8 sored grant amount, college work 

9 study amount, and scholarship 

10 amount received by the student) and 

11 such amount shall be used toward the 

12 cost of attendance at an institution of 

13 higher education, located in the State, 

14 that is a partner in the partnership. 

15 ‘‘(II) COST OF ATTENDANCE.—A 

16 State that has a program, apart from 

17 the partnership under this section, of 

18 providing eligible low-income students 

19 with grants that are equal to the aver20 age undergraduate tuition and man21 datory fees at 4-year public institu22 tions of higher education in the State, 

23 may increase the amount of access 

24 and persistence grants awarded by 

25 such State up to an amount that is 

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1 equal to the average cost of attend2 ance at 4-year public institutions of 

3 higher education in the State (less 

4 any other Federal or State sponsored 

5 grant amount, college work study 

6 amount, and scholarship amount re7 ceived by the student). 

8 ‘‘(ii) PARTNERSHIP WITH INSTITU9 TIONS SERVING THE MAJORITY OF STU10 DENTS IN THE STATE.—In the case where 

11 a State receiving an allotment under this 

12 section is in a partnership described in 

13 subsection (b)(2)(B)(ii), the amount of an 

14 access and persistence grant awarded by 

15 such State shall be not less than the aver16 age cost of attendance at 4-year public in17 stitutions of higher education in the State 

18 where the student resides (less any other 

19 Federal or State sponsored grant amount, 

20 college work study amount, and scholar21 ship amount received by the student) and 

22 such amount shall be used by the student 

23 to attend an institution of higher edu24 cation, located in the State, that is a part25 ner in the partnership. 

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1 ‘‘(2) EARLY NOTIFICATION.— 

2 ‘‘(A) IN GENERAL.—Each State receiving 

3 an allotment under this section shall annually 

4 notify low-income students, such as students 

5 who are eligible to receive a free lunch under 

6 the school lunch program established under the 

7 Richard B. Russell National School Lunch Act 

8 (42 U.S.C. 1751 et seq.), in grade 7 through 

9 grade 12 in the State of their potential eligi10 bility for student financial assistance, including 

11 an access and persistence grant, to attend an 

12 institution of higher education. 

13 ‘‘(B) CONTENT OF NOTICE.—The notifica14 tion under subparagraph (A)— 

15 ‘‘(i) shall include— 

16 ‘‘(I) information about early in17 formation and intervention, men18 toring, or outreach programs available 

19 to the student; 

20 ‘‘(II) information that a stu21 dent’s candidacy for an access and 

22 persistence grant is enhanced through 

23 participation in an early information 

24 and intervention, mentoring, or out25 reach program; 

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1 ‘‘(III) an explanation that stu2 dent and family eligibility and partici3 pation in other Federal means-tested 

4 programs may indicate eligibility for 

5 an access and persistence grant and 

6 other student aid programs; 

7 ‘‘(IV) a nonbinding estimation of 

8 the total amount of financial aid a 

9 low-income student with a similar in10 come level may expect to receive, in11 cluding an estimation of the amount 

12 of an access and persistence grant 

13 and an estimation of the amount of 

14 grants, loans, and all other available 

15 types of aid from the major Federal 

16 and State financial aid programs; 

17 ‘‘(V) an explanation that in order 

18 to be eligible for an access and per19 sistence grant, at a minimum, a stu20 dent shall meet the requirement under 

21 paragraph (3), graduate from sec22 ondary school, and enroll at an insti23 tution of higher education that is a 

24 partner in the partnership; 

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1 ‘‘(VI) information on any addi2 tional requirements (such as a student 

3 pledge detailing student responsibil4 ities) that the State may impose for 

5 receipt of an access and persistence 

6 grant under this section; and 

7 ‘‘(VII) instructions on how to 

8 apply for an access and persistence 

9 grant and an explanation that a stu10 dent is required to file a Free Applica11 tion for Federal Student Aid author12 ized under section 483(a) to be eligi13 ble for such grant and assistance from 

14 other Federal and State financial aid 

15 programs; and 

16 ‘‘(ii) may include a disclaimer that ac17 cess and persistence grant awards are con18 tingent upon— 

19 ‘‘(I) a determination of the stu20 dent’s financial eligibility at the time 

21 of the student’s enrollment at an in22 stitution of higher education that is a 

23 partner in the partnership; 

24 ‘‘(II) annual Federal and State 

25 appropriations; and 

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1 ‘‘(III) other aid received by the 

2 student at the time of the student’s 

3 enrollment at an institution of higher 

4 education that is a partner in the 

5 partnership. 

6 ‘‘(3) ELIGIBILITY.—In determining which stu7 dents are eligible to receive access and persistence 

8 grants, the State shall ensure that each such student 

9 meets not less than 1 of the following: 

10 ‘‘(A) Meets not less than 2 of the following 

11 criteria, with priority given to students meeting 

12 all of the following criteria: 

13 ‘‘(i) Has an expected family contribu14 tion equal to zero (as described in section 

15 479) or a comparable alternative based 

16 upon the State’s approved criteria in sec17 tion 415C(b)(4). 

18 ‘‘(ii) Has qualified for a free lunch, or 

19 at the State’s discretion a reduced price 

20 lunch, under the school lunch program es21 tablished under the Richard B. Russell Na22 tional School Lunch Act. 

23 ‘‘(iii) Qualifies for the State’s max24 imum undergraduate award, as authorized 

25 under section 415C(b). 

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1 ‘‘(iv) Is participating in, or has par2 ticipated in, a Federal, State, institutional, 

3 or community early information and inter4 vention, mentoring, or outreach program, 

5 as recognized by the State agency admin6 istering activities under this section. 

7 ‘‘(B) Is receiving, or has received, an ac8 cess and persistence grant under this section, in 

9 accordance with paragraph (5). 

10 ‘‘(4) GRANT AWARD.—Once a student, includ11 ing those students who have received early notifica12 tion under paragraph (2) from the State, applies for 

13 admission to an institution that is a partner in the 

14 partnership, files a Free Application for Federal 

15 Student Aid and any related existing State form, 

16 and is determined eligible by the State under para17 graph (3), the State shall— 

18 ‘‘(A) issue the student a preliminary access 

19 and persistence grant award certificate with 

20 tentative award amounts; and 

21 ‘‘(B) inform the student that payment of 

22 the access and persistence grant award 

23 amounts is subject to certification of enrollment 

24 and award eligibility by the institution of higher 

25 education. 

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1 ‘‘(5) DURATION OF AWARD.—An eligible stu2 dent that receives an access and persistence grant 

3 under this section shall receive such grant award for 

4 each year of such student’s undergraduate education 

5 in which the student remains eligible for assistance 

6 under this title, including pursuant to section 

7 484(c), and remains financially eligible as deter8 mined by the State, except that the State may im9 pose reasonable time limits to baccalaureate degree 

10 completion. 

11 ‘‘(e) ADMINISTRATIVE COST ALLOWANCE.—A State 

12 that receives an allotment under this section may reserve 

13 not more than 3.5 percent of the funds made available 

14 annually through the allotment for State administrative 

15 functions required to carry out this section. 

16 ‘‘(f) STATUTORY AND REGULATORY RELIEF FOR IN17 STITUTIONS OF HIGHER EDUCATION.—The Secretary 

18 may grant, upon the request of an institution of higher 

19 education that is in a partnership described in subsection 

20 (b)(2)(B)(ii) and that receives an allotment under this sec21 tion, a waiver for such institution from statutory or regu22 latory requirements that inhibit the ability of the institu23 tion to successfully and efficiently participate in the activi24 ties of the partnership. 

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1 ‘‘(g) APPLICABILITY RULE.—The provisions of this 

2 subpart which are not inconsistent with this section shall 

3 apply to the program authorized by this section. 

4 ‘‘(h) MAINTENANCE OF EFFORT REQUIREMENT.— 

5 Each State receiving an allotment under this section for 

6 a fiscal year shall provide the Secretary an assurance that 

7 the aggregate amount expended per student or the aggre8 gate expenditures by the State, from funds derived from 

9 non-Federal sources, for the authorized activities de10 scribed in subsection (d) for the preceding fiscal year were 

11 not less than the amount expended per student or the ag12 gregate expenditure by the State for the activities for the 

13 second preceding fiscal year. 

14 ‘‘(i) SPECIAL RULE.—Notwithstanding subsection 

15 (h), for purposes of determining a State’s share of the cost 

16 of the authorized activities described in subsection (d), the 

17 State shall consider only those expenditures from non18 Federal sources that exceed its total expenditures for 

19 need-based grants, scholarships, and work-study assist20 ance for fiscal year 1999 (including any such assistance 

21 provided under this subpart). 

22 ‘‘(j) REPORTS.—Not later than 3 years after the date 

23 of enactment of the Accessing College through Com24 prehensive Early Outreach and State Partnerships Act, 

25 and annually thereafter, the Secretary shall submit a remstockstill on PROD1PC66 with BILLS

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1 port describing the activities and the impact of the part2 nerships under this section to the Committee on Health, 

3 Education, Labor, and Pensions of the Senate and the 

4 Committee on Education and Labor of the House of Rep5 resentatives.’’. 

6 (d) CONTINUATION AND TRANSITION.—During the 

7 2-year period commencing on the date of enactment of this 

8 Act, the Secretary shall continue to award grants under 

9 section 415E of the Higher Education Act of 1965 (20 

10 U.S.C. 1070c–3a), as such section existed on the day be11 fore the date of enactment of this Act, to States that 

12 choose to apply for grants under such predecessor section. 

13 (e) IMPLEMENTATION AND EVALUATION.—Section 

14 491(j) of the Higher Education Act of 1965 (20 U.S.C. 

15 1098(j)) is amended— 

16 (1) in paragraph (4), by striking ‘‘and’’ after 

17 the semicolon; 

18 (2) by redesignating paragraph (5) as para19 graph (6); and 

20 (3) by inserting after paragraph (4) (as amend21 ed by paragraph (1)) the following: 

22 ‘‘(5) not later than 6 months after the date of 

23 enactment of the Accessing College through Com24 prehensive Early Outreach and State Partnerships 

25 Act, advise the Secretary on means to implement the 

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1 activities under section 415E, and the Advisory 

2 Committee shall continue to monitor, evaluate, and 

3 make recommendations on the progress of partner4 ships that receive allotments under such section; 

5 and’’. 

Æ 

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