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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 938 Introduced in Senate (IS)]

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.

    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 ``Accessing College through 
Comprehensive Early Outreach and State Partnerships Act''.

SEC. 2. GRANTS FOR ACCESS AND PERSISTENCE.

    (a) Authorization of Appropriations.--Section 415A(b) of the Higher 
Education Act of 1965 (20 U.S.C. 1070c(b)) is amended by striking 
paragraphs (1) and (2) and inserting the following:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this subpart $500,000,000 for fiscal year 2008, 
        and such sums as may be necessary for each of the 5 succeeding 
        fiscal years.
            ``(2) Reservation.--For any fiscal year for which the 
        amount appropriated under paragraph (1) exceeds $30,000,000, 
        the excess amount shall be available to carry out section 
        415E.''.
    (b) Applications for Leveraging Educational Assistance Partnership 
Programs.--Section 415C(b) of the Higher Education Act of 1965 (20 
U.S.C. 1070c-2(b)) is amended--
            (1) in paragraph (2), by striking ``$5,000'' and inserting 
        ``$12,500'';
            (2) in paragraph (9), by striking ``and'' after the 
        semicolon;
            (3) in paragraph (10), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
            ``(11) provides notification to eligible students that such 
        grants are--
                    ``(A) Leveraging Educational Assistance Partnership 
                Grants; and
                    ``(B) funded by the Federal Government and the 
                State.''.
    (c) Grants for Access and Persistence.--Section 415E of the Higher 
Education Act of 1965 (20 U.S.C. 1070c-3a) is amended to read as 
follows:

``SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE.

    ``(a) Purpose.--It is the purpose of this section to expand college 
access and increase college persistence by making allotments to States 
to enable the States to--
            ``(1) expand and enhance partnerships with institutions of 
        higher education, early information and intervention, 
        mentoring, or outreach programs, private corporations, 
        philanthropic organizations, and other interested parties to 
        carry out activities under this section and to provide 
        coordination and cohesion among Federal, State, and local 
        governmental and private efforts that provide financial 
        assistance to help low-income students attend college;
            ``(2) provide need-based access and persistence grants to 
        eligible low-income students;
            ``(3) provide early notification to low-income students of 
        their eligibility for financial aid; and
            ``(4) encourage increased participation in early 
        information and intervention, mentoring, or outreach programs.
    ``(b) Allotments to States.--
            ``(1) In general.--
                    ``(A) Authorization.--From sums reserved under 
                section 415A(b)(2) for each fiscal year, the Secretary 
                shall make an allotment to each State that submits an 
                application for an allotment in accordance with 
                subsection (c) to enable the State to pay the Federal 
                share of the cost of carrying out the activities under 
                subsection (d).
                    ``(B) Determination of allotment.--In making 
                allotments under subparagraph (A), the Secretary shall 
                consider the following:
                            ``(i) Continuation of award.--If a State 
                        continues to meet the specifications 
                        established in its application under subsection 
                        (c), the Secretary shall make an allotment to 
                        such State that is not less than the allotment 
                        made to such State for the previous fiscal 
                        year.
                            ``(ii) Priority.--The Secretary shall give 
                        priority in making allotments to States that 
                        meet the requirements under paragraph 
                        (2)(B)(ii).
            ``(2) Federal share.--
                    ``(A) In general.--The Federal share of the cost of 
                carrying out the activities under subsection (d) for 
                any fiscal year shall not exceed 66.66 percent.
                    ``(B) Different percentages.--The Federal share 
                under this section shall be determined in accordance 
                with the following:
                            ``(i) If a State applies for an allotment 
                        under this section in partnership with any 
                        number of degree granting institutions of 
                        higher education in the State whose combined 
                        full-time enrollment represents less than a 
                        majority of all students attending institutions 
                        of higher education in the State, and 
                        philanthropic organizations that are located 
                        in, or that provide funding in, the State or 
                        private corporations that are located in, or 
                        that do business in, the State, then the 
                        Federal share of the cost of carrying out the 
                        activities under subsection (d) shall be equal 
                        to 57 percent.
                            ``(ii) If a State applies for an allotment 
                        under this section in partnership with any 
                        number of degree granting institutions of 
                        higher education in the State whose combined 
                        full-time enrollment represents a majority of 
                        all students attending institutions of higher 
                        education in the State, philanthropic 
                        organizations that are located in, or that 
                        provide funding in, the State, and private 
                        corporations that are located in, or that do 
                        business in, the State, then the Federal share 
                        of the cost of carrying out the activities 
                        under subsection (d) shall be equal to 66.66 
                        percent.
                    ``(C) Non-federal share.--
                            ``(i) In general.--The non-Federal share 
                        under this section may be provided in cash or 
                        in kind, fairly evaluated.
                            ``(ii) In kind contribution.--For the 
                        purpose of calculating the non-Federal share 
                        under this subparagraph, an in kind 
                        contribution is a non-cash contribution that--
                                    ``(I) has monetary value, such as 
                                the provision of--
                                            ``(aa) room and board; or
                                            ``(bb) transportation 
                                        passes; and
                                    ``(II) helps a student meet the 
                                cost of attendance at an institution of 
                                higher education.
                            ``(iii) Effect on needs analysis.--For the 
                        purpose of calculating a student's need in 
                        accordance with part F, an in kind contribution 
                        described in clause (ii) shall not be 
                        considered an asset or income of the student or 
                        the student's parent.
    ``(c) Application for Allotment.--
            ``(1) In general.--
                    ``(A) Submission.--A State that desires to receive 
                an allotment under this section shall submit an 
                application to the Secretary at such time, in such 
                manner, and containing such information as the 
                Secretary may require.
                    ``(B) Content.--An application submitted under 
                subparagraph (A) shall include the following:
                            ``(i) A description of the State's plan for 
                        using the allotted funds.
                            ``(ii) Assurances that the State will 
                        provide matching funds, from State, 
                        institutional, philanthropic, or private funds, 
                        of not less than 33.33 percent of the cost of 
                        carrying out the activities under subsection 
                        (d). Matching funds from philanthropic 
                        organizations used to provide early information 
                        and intervention, mentoring, or outreach 
                        programs may be in cash or in kind. The State 
                        shall specify the methods by which matching 
                        funds will be paid and include provisions 
                        designed to ensure that funds provided under 
                        this section will be used to supplement, and 
                        not supplant, Federal and non-Federal funds 
                        available for carrying out the activities under 
                        this title. A State that uses non-Federal funds 
                        to create or expand existing partnerships with 
                        nonprofit organizations or community-based 
                        organizations in which such organizations match 
                        State funds for student scholarships, may apply 
                        such matching funds from such organizations 
                        toward fulfilling the State's matching 
                        obligation under this clause.
                            ``(iii) Assurances that early information 
                        and intervention, mentoring, or outreach 
                        programs exist within the State or that there 
                        is a plan to make such programs widely 
                        available.
                            ``(iv) A description of the organizational 
                        structure that the State has in place to 
                        administer the activities under subsection (d).
                            ``(v) A description of the steps the State 
                        will take to ensure students who receive grants 
                        under this section persist to degree 
                        completion.
                            ``(vi) Assurances that the State has a 
                        method in place, such as acceptance of the 
                        automatic zero expected family contribution 
                        determination described in section 479(c), to 
                        identify eligible low-income students and award 
                        State grant aid to such students.
                            ``(vii) Assurances that the State will 
                        provide notification to eligible low-income 
                        students that grants under this section are--
                                    ``(I) Leveraging Educational 
                                Assistance Partnership Grants; and
                                    ``(II) funded by the Federal 
                                Government and the State.
            ``(2) State agency.--The State agency that submits an 
        application for a State under section 415C(a) shall be the same 
        State agency that submits an application under paragraph (1) 
        for such State.
            ``(3) Partnership.--In applying for an allotment under this 
        section, the State agency shall apply for the allotment in 
        partnership with--
                    ``(A) not less than 1 public and 1 private degree 
                granting institution of higher education that are 
                located in the State;
                    ``(B) new or existing early information and 
                intervention, mentoring, or outreach programs located 
                in the State; and
                    ``(C) not less than 1--
                            ``(i) philanthropic organization located 
                        in, or that provides funding in, the State; or
                            ``(ii) private corporation located in, or 
                        that does business in, the State.
            ``(4) Roles of partners.--
                    ``(A) State agency.--A State agency that is in a 
                partnership receiving an allotment under this section--
                            ``(i) shall--
                                    ``(I) serve as the primary 
                                administrative unit for the 
                                partnership;
                                    ``(II) provide or coordinate 
                                matching funds, and coordinate 
                                activities among partners;
                                    ``(III) encourage each institution 
                                of higher education in the State to 
                                participate in the partnership;
                                    ``(IV) make determinations and 
                                early notifications of assistance as 
                                described under subsection (d)(2); and
                                    ``(V) annually report to the 
                                Secretary on the partnership's progress 
                                in meeting the purpose of this section; 
                                and
                            ``(ii) may provide early information and 
                        intervention, mentoring, or outreach programs.
                    ``(B) Degree granting institutions of higher 
                education.--A degree granting institution of higher 
                education that is in a partnership receiving an 
                allotment under this section--
                            ``(i) shall--
                                    ``(I) recruit and admit 
                                participating qualified students and 
                                provide such additional institutional 
                                grant aid to participating students as 
                                agreed to with the State agency;
                                    ``(II) provide support services to 
                                students who receive an access and 
                                persistence grant under this section 
                                and are enrolled at such institution; 
                                and
                                    ``(III) assist the State in the 
                                identification of eligible students and 
                                the dissemination of early 
                                notifications of assistance as agreed 
                                to with the State agency; and
                            ``(ii) may provide funding for early 
                        information and intervention, mentoring, or 
                        outreach programs or provide such services 
                        directly.
                    ``(C) Programs.--An early information and 
                intervention, mentoring, or outreach program that is in 
                a partnership receiving an allotment under this section 
                shall provide direct services, support, and information 
                to participating students.
                    ``(D) Philanthropic organization or private 
                corporation.--A philanthropic organization or private 
                corporation that is in a partnership receiving an 
                allotment under this section shall provide funds for 
                access and persistence grants for participating 
                students, or provide funds or support for early 
                information and intervention, mentoring, or outreach 
                programs.
    ``(d) Authorized Activities.--
            ``(1) In general.--
                    ``(A) Establishment of partnership.--Each State 
                receiving an allotment under this section shall use the 
                funds to establish a partnership to award access and 
                persistence grants to eligible low-income students in 
                order to increase the amount of financial assistance 
                such students receive under this subpart for 
                undergraduate education expenses.
                    ``(B) Amount.--
                            ``(i) Partnerships with institutions 
                        serving less than a majority of students in the 
                        state.--
                                    ``(I) In general.--In the case 
                                where a State receiving an allotment 
                                under this section is in a partnership 
                                described in subsection (b)(2)(B)(i), 
                                the amount of an access and persistence 
                                grant awarded by such State shall be 
                                not less than the amount that is equal 
                                to the average undergraduate tuition 
                                and mandatory fees at 4-year public 
                                institutions of higher education in the 
                                State where the student resides (less 
                                any other Federal or State sponsored 
                                grant amount, college work study 
                                amount, and scholarship amount received 
                                by the student) and such amount shall 
                                be used toward the cost of attendance 
                                at an institution of higher education, 
                                located in the State, that is a partner 
                                in the partnership.
                                    ``(II) Cost of attendance.--A State 
                                that has a program, apart from the 
                                partnership under this section, of 
                                providing eligible low-income students 
                                with grants that are equal to the 
                                average undergraduate tuition and 
                                mandatory fees at 4-year public 
                                institutions of higher education in the 
                                State, may increase the amount of 
                                access and persistence grants awarded 
                                by such State up to an amount that is 
                                equal to the average cost of attendance 
                                at 4-year public institutions of higher 
                                education in the State (less any other 
                                Federal or State sponsored grant 
                                amount, college work study amount, and 
                                scholarship amount received by the 
                                student).
                            ``(ii) Partnership with institutions 
                        serving the majority of students in the 
                        state.--In the case where a State receiving an 
                        allotment under this section is in a 
                        partnership described in subsection 
                        (b)(2)(B)(ii), the amount of an access and 
                        persistence grant awarded by such State shall 
                        be not less than the average cost of attendance 
                        at 4-year public institutions of higher 
                        education in the State where the student 
                        resides (less any other Federal or State 
                        sponsored grant amount, college work study 
                        amount, and scholarship amount received by the 
                        student) and such amount shall be used by the 
                        student to attend an institution of higher 
                        education, located in the State, that is a 
                        partner in the partnership.
            ``(2) Early notification.--
                    ``(A) In general.--Each State receiving an 
                allotment under this section shall annually notify low-
                income students, such as students who are eligible to 
                receive a free lunch under the school lunch program 
                established under the Richard B. Russell National 
                School Lunch Act (42 U.S.C. 1751 et seq.), in grade 7 
                through grade 12 in the State of their potential 
                eligibility for student financial assistance, including 
                an access and persistence grant, to attend an 
                institution of higher education.
                    ``(B) Content of notice.--The notification under 
                subparagraph (A)--
                            ``(i) shall include--
                                    ``(I) information about early 
                                information and intervention, 
                                mentoring, or outreach programs 
                                available to the student;
                                    ``(II) information that a student's 
                                candidacy for an access and persistence 
                                grant is enhanced through participation 
                                in an early information and 
                                intervention, mentoring, or outreach 
                                program;
                                    ``(III) an explanation that student 
                                and family eligibility and 
                                participation in other Federal means-
                                tested programs may indicate 
                                eligibility for an access and 
                                persistence grant and other student aid 
                                programs;
                                    ``(IV) a nonbinding estimation of 
                                the total amount of financial aid a 
                                low-income student with a similar 
                                income level may expect to receive, 
                                including an estimation of the amount 
                                of an access and persistence grant and 
                                an estimation of the amount of grants, 
                                loans, and all other available types of 
                                aid from the major Federal and State 
                                financial aid programs;
                                    ``(V) an explanation that in order 
                                to be eligible for an access and 
                                persistence grant, at a minimum, a 
                                student shall meet the requirement 
                                under paragraph (3), graduate from 
                                secondary school, and enroll at an 
                                institution of higher education that is 
                                a partner in the partnership;
                                    ``(VI) information on any 
                                additional requirements (such as a 
                                student pledge detailing student 
                                responsibilities) that the State may 
                                impose for receipt of an access and 
                                persistence grant under this section; 
                                and
                                    ``(VII) instructions on how to 
                                apply for an access and persistence 
                                grant and an explanation that a student 
                                is required to file a Free Application 
                                for Federal Student Aid authorized 
                                under section 483(a) to be eligible for 
                                such grant and assistance from other 
                                Federal and State financial aid 
                                programs; and
                            ``(ii) may include a disclaimer that access 
                        and persistence grant awards are contingent 
                        upon--
                                    ``(I) a determination of the 
                                student's financial eligibility at the 
                                time of the student's enrollment at an 
                                institution of higher education that is 
                                a partner in the partnership;
                                    ``(II) annual Federal and State 
                                appropriations; and
                                    ``(III) other aid received by the 
                                student at the time of the student's 
                                enrollment at an institution of higher 
                                education that is a partner in the 
                                partnership.
            ``(3) Eligibility.--In determining which students are 
        eligible to receive access and persistence grants, the State 
        shall ensure that each such student meets not less than 1 of 
        the following:
                    ``(A) Meets not less than 2 of the following 
                criteria, with priority given to students meeting all 
                of the following criteria:
                            ``(i) Has an expected family contribution 
                        equal to zero (as described in section 479) or 
                        a comparable alternative based upon the State's 
                        approved criteria in section 415C(b)(4).
                            ``(ii) Has qualified for a free lunch, or 
                        at the State's discretion a reduced price 
                        lunch, under the school lunch program 
                        established under the Richard B. Russell 
                        National School Lunch Act.
                            ``(iii) Qualifies for the State's maximum 
                        undergraduate award, as authorized under 
                        section 415C(b).
                            ``(iv) Is participating in, or has 
                        participated in, a Federal, State, 
                        institutional, or community early information 
                        and intervention, mentoring, or outreach 
                        program, as recognized by the State agency 
                        administering activities under this section.
                    ``(B) Is receiving, or has received, an access and 
                persistence grant under this section, in accordance 
                with paragraph (5).
            ``(4) Grant award.--Once a student, including those 
        students who have received early notification under paragraph 
        (2) from the State, applies for admission to an institution 
        that is a partner in the partnership, files a Free Application 
        for Federal Student Aid and any related existing State form, 
        and is determined eligible by the State under paragraph (3), 
        the State shall--
                    ``(A) issue the student a preliminary access and 
                persistence grant award certificate with tentative 
                award amounts; and
                    ``(B) inform the student that payment of the access 
                and persistence grant award amounts is subject to 
                certification of enrollment and award eligibility by 
                the institution of higher education.
            ``(5) Duration of award.--An eligible student that receives 
        an access and persistence grant under this section shall 
        receive such grant award for each year of such student's 
        undergraduate education in which the student remains eligible 
        for assistance under this title, including pursuant to section 
        484(c), and remains financially eligible as determined by the 
        State, except that the State may impose reasonable time limits 
        to baccalaureate degree completion.
    ``(e) Administrative Cost Allowance.--A State that receives an 
allotment under this section may reserve not more than 3.5 percent of 
the funds made available annually through the allotment for State 
administrative functions required to carry out this section.
    ``(f) Statutory and Regulatory Relief for Institutions of Higher 
Education.--The Secretary may grant, upon the request of an institution 
of higher education that is in a partnership described in subsection 
(b)(2)(B)(ii) and that receives an allotment under this section, a 
waiver for such institution from statutory or regulatory requirements 
that inhibit the ability of the institution to successfully and 
efficiently participate in the activities of the partnership.
    ``(g) Applicability Rule.--The provisions of this subpart which are 
not inconsistent with this section shall apply to the program 
authorized by this section.
    ``(h) Maintenance of Effort Requirement.--Each State receiving an 
allotment under this section for a fiscal year shall provide the 
Secretary an assurance that the aggregate amount expended per student 
or the aggregate expenditures by the State, from funds derived from 
non-Federal sources, for the authorized activities described in 
subsection (d) for the preceding fiscal year were not less than the 
amount expended per student or the aggregate expenditure by the State 
for the activities for the second preceding fiscal year.
    ``(i) Special Rule.--Notwithstanding subsection (h), for purposes 
of determining a State's share of the cost of the authorized activities 
described in subsection (d), the State shall consider only those 
expenditures from non-Federal sources that exceed its total 
expenditures for need-based grants, scholarships, and work-study 
assistance for fiscal year 1999 (including any such assistance provided 
under this subpart).
    ``(j) Reports.--Not later than 3 years after the date of enactment 
of the Accessing College through Comprehensive Early Outreach and State 
Partnerships Act, and annually thereafter, the Secretary shall submit a 
report describing the activities and the impact of the partnerships 
under this section to the Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on Education and Labor of the 
House of Representatives.''.
    (d) Continuation and Transition.--During the 2-year period 
commencing on the date of enactment of this Act, the Secretary shall 
continue to award grants under section 415E of the Higher Education Act 
of 1965 (20 U.S.C. 1070c-3a), as such section existed on the day before 
the date of enactment of this Act, to States that choose to apply for 
grants under such predecessor section.
    (e) Implementation and Evaluation.--Section 491(j) of the Higher 
Education Act of 1965 (20 U.S.C. 1098(j)) is amended--
            (1) in paragraph (4), by striking ``and'' after the 
        semicolon;
            (2) by redesignating paragraph (5) as paragraph (6); and
            (3) by inserting after paragraph (4) (as amended by 
        paragraph (1)) the following:
            ``(5) not later than 6 months after the date of enactment 
        of the Accessing College through Comprehensive Early Outreach 
        and State Partnerships Act, advise the Secretary on means to 
        implement the activities under section 415E, and the Advisory 
        Committee shall continue to monitor, evaluate, and make 
        recommendations on the progress of partnerships that receive 
        allotments under such section; and''.
                                 <all>
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