II 

118TH CONGRESS 

1ST SESSION S. 1397 

To modify the Federal TRIO programs. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2023 

Ms. COLLINS (for herself, Mr. TESTER, Mrs. CAPITO, and Ms. BALDWIN) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To modify the Federal TRIO programs. 

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 ‘‘Educational Oppor5 tunity and Success Act of 2023’’. 

6 SEC. 2. PROGRAM AUTHORITY AND AUTHORIZATION OF AP7 PROPRIATIONS FOR FEDERAL TRIO PRO8 GRAMS. 

9 (a) MINIMUM GRANTS.—Section 402A(b)(3) of the 

10 Higher Education Act of 1965 (20 U.S.C. 1070a– 

11 11(b)(3)) is amended— 


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1 (1) by striking ‘‘$200,000’’ and inserting 

2 ‘‘$220,000’’; and 

3 (2) by striking ‘‘$170,000’’ and inserting 

4 ‘‘$190,000’’. 

5 (b) PROCEDURES FOR AWARDING GRANTS AND CON6 TRACTS.—Section 402A(c) of the Higher Education Act 

7 of 1965 (20 U.S.C. 1070a–11(c)) is amended— 

8 (1) in paragraph (2)(A)— 

9 (A) in the subparagraph heading, by strik10 ing ‘‘PRIOR EXPERIENCE’’ and inserting 

11 ‘‘PRIOR SUCCESS’’; 

12 (B) in the first sentence, by striking ‘‘prior 

13 experience of high quality service delivery’’ and 

14 inserting ‘‘prior success in achieving high qual15 ity service delivery’’; and 

16 (C) in the second sentence— 

17 (i) by striking ‘‘prior experience shall 

18 not’’ and inserting ‘‘prior success in 

19 achieving high quality service delivery shall 

20 not’’; and 

21 (ii) by striking ‘‘shall not be given 

22 prior experience consideration’’ and insert23 ing ‘‘shall not be given such consider24 ation’’; 


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1 (2) in paragraph (3)(A) by striking ‘‘prior expe2 rience’’ and inserting ‘‘prior success’’; 

3 (3) in paragraph (4)(A), in the second sentence, 

4 by inserting ‘‘as well as first-generation college grad5 uates’’ after ‘‘readers’’; and 

6 (4) by striking paragraph (8) and inserting the 

7 following: 

8 ‘‘(8) REVIEW AND NOTIFICATION BY THE SEC9 RETARY.— 

10 ‘‘(A) GUIDANCE.—Not less than 90 days 

11 before the commencement of each competition 

12 for a grant under this chapter, the Secretary 

13 shall issue nonregulatory guidance regarding 

14 the rights and responsibilities of applicants with 

15 respect to the application and evaluation proc16 ess for programs and projects assisted under 

17 this chapter, including applicant access to peer 

18 review comments. The guidance shall describe 

19 the procedures for the submission, processing, 

20 and scoring of applications for grants under 

21 this chapter, including the information de22 scribed in subparagraph (B). 

23 ‘‘(B) TECHNICAL COMPONENTS OF APPLI24 CATIONS.— 


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1 ‘‘(i) ESTABLISHMENT AND TREAT2 MENT OF NONSUBSTANTIVE TECHNICAL

3 COMPONENTS OF APPLICATIONS.—With re4 spect to any competition for a grant under 

5 this chapter, the Secretary may only estab6 lish voluntary page limit and formatting 

7 requirements for grant applications and 

8 may not reject grant applications that do 

9 not meet those voluntary requirements. 

10 The Secretary may suggest page limits and 

11 formatting standards, (including with re12 spect to font size, font style, font type, line 

13 spacing, paragraph justification, and page 

14 margins), but may not use noncompliance 

15 with these suggested requirements as a 

16 basis to reject or penalize grant applica17 tions. 

18 ‘‘(ii) IDENTIFICATION AND TREAT19 MENT OF TECHNICAL BUDGET ERRORS IN

20 APPLICATIONS.— 

21 ‘‘(I) IN GENERAL.—With respect 

22 to any competition for a grant under 

23 this chapter, the Secretary may not 

24 reject or penalize grant applications 

25 on the basis of a typographical or 


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1 rounding error in a proposed budget 

2 until the Secretary has given the ap3 plicant an opportunity for correction 

4 in accordance with subclause (II). 

5 ‘‘(II) NOTICE AND OPPORTUNITY

6 FOR CORRECTION.—The Secretary 

7 shall provide notice and identification 

8 of an error described in subclause (I) 

9 by email and phone to the applicant 

10 before awarding grants for each com11 petition. During a period of not fewer 

12 than 14 days, the Secretary shall 

13 allow the applicant to submit a re14 vised application that corrects the 

15 identified error. 

16 ‘‘(III) TREATMENT OF REVISED

17 APPLICATIONS.—The Secretary shall 

18 treat the revised application in the 

19 same manner as a timely submitted 

20 application. 

21 ‘‘(IV) FAILURE TO CORRECT.—If 

22 an applicant has received a notice and 

23 opportunity for correction of a typo24 graphical or rounding error in a pro25 posed budget in accordance with subVerDate Sep 11 2014 20:52 May 10, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1397.IS S1397

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1 clause (II) and the applicant fails to 

2 correct the error and submit a revised 

3 application before the deadline de4 scribed in that subclause, the Sec5 retary may reject or penalize that 

6 grant application. 

7 ‘‘(C) REVIEW.— 

8 ‘‘(i) REQUEST FOR REVIEW.—With 

9 respect to any competition for a grant 

10 under this chapter, an applicant may re11 quest a review if the applicant— 

12 ‘‘(I) has evidence that a specific 

13 technical, administrative, or scoring 

14 error was made by the Department, 

15 an agent of the Department, or a peer 

16 reviewer, with respect to the scoring 

17 or processing of a submitted applica18 tion; and 

19 ‘‘(II) has otherwise met all of the 

20 requirements for submission of the 

21 application. 

22 ‘‘(ii) ERROR MADE BY THE DEPART23 MENT.—In the case of evidence of error by 

24 the Department or an agent of the Depart25 ment, other than a peer reviewer, the SecVerDate Sep 11 2014 20:52 May 10, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1397.IS S1397

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1 retary shall review any evidence submitted 

2 by the applicant and provide a timely re3 sponse to the applicant. All applicants, re4 gardless of score, shall have this right of 

5 review. If the Secretary determines that an 

6 error was made by the Department or an 

7 agent of the Department, other than a 

8 peer reviewer, the Secretary shall correct 

9 the error and accordingly adjust the appli10 cant score. 

11 ‘‘(iii) ERROR MADE BY A PEER RE12 VIEWER.— 

13 ‘‘(I) IN GENERAL.—In the case 

14 of evidence of error by a peer re15 viewer, a secondary review panel shall 

16 automatically and promptly evaluate 

17 the application for consideration in 

18 the applicable grant competition upon 

19 receipt of a request by any such appli20 cant. The Department shall allow this 

21 right of review to any applicant that 

22 scored five points or less below the 

23 cut-off score. Examples of errors war24 ranting secondary review may in25 clude— 


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1 ‘‘(aa) points withheld for 

2 criteria not required in statute, 

3 regulation, or guidance governing 

4 a program under this chapter or 

5 the application for a grant for 

6 such program; or 

7 ‘‘(bb) information pertaining 

8 to selection criteria that was in9 correctly determined to be miss10 ing from an application. 

11 ‘‘(II) TIMELY REVIEW AND RE12 PLACEMENT SCORE.—The secondary 

13 review panel described in subclause (I) 

14 shall conduct a secondary review in a 

15 timely fashion, and the score resulting 

16 from the secondary review shall re17 place the score from the initial peer 

18 review. 

19 ‘‘(III) COMPOSITION OF SEC20 ONDARY REVIEW PANEL.—The sec21 ondary review panel shall be composed 

22 of reviewers each of whom— 

23 ‘‘(aa) did not review the ap24 plication in the original peer re25 view; 


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1 ‘‘(bb) is a member of the co2 hort of peer reviewers for the 

3 grant program that is the subject 

4 of such secondary review; and 

5 ‘‘(cc) to the extent prac6 ticable, has conducted peer re7 views in not less than 2 previous 

8 competitions for the grant pro9 gram that is the subject of such 

10 secondary review. 

11 ‘‘(IV) FINAL SCORE.—The final 

12 peer review score of an application 

13 subject to a secondary review under 

14 this clause shall promptly be adjusted 

15 appropriately using the score awarded 

16 by the secondary review panel, so as 

17 not to interfere with the timely award18 ing of grants for the applicable grant 

19 competition. 

20 ‘‘(iv) FINALITY.— 

21 ‘‘(I) IN GENERAL.—A determina22 tion by the Secretary under clause (ii) 

23 shall not be reviewable by any officer 

24 or employee of the Department other 

25 than the Secretary. 


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1 ‘‘(II) SCORING.—The score 

2 awarded by a secondary review panel 

3 under clause (iii) shall not be review4 able by any officer or employee of the 

5 Department other than the Secretary. 

6 ‘‘(v) FUNDING OF APPLICATIONS

7 WITH CERTAIN ADJUSTED SCORES.—Appli8 cations with scores that are adjusted up9 ward under clause (ii) or (iii) that equal or 

10 exceed the minimum cut-off score for the 

11 applicable grant competition shall be fund12 ed by the Secretary using general or ad13 ministrative funds available to the Sec14 retary other than those funds appropriated 

15 or allocated for the programs authorized 

16 by this chapter.’’. 

17 (c) OUTREACH.—Section 402A(d)(3) of the Higher 

18 Education Act of 1965 (20 U.S.C. 1070a–11(d)(3)) is 

19 amended by adding at the end the following: ‘‘The Sec20 retary shall also host at least one virtual, interactive train21 ing using telecommunications technology to ensure that 

22 interested applicants have access to technical assistance.’’. 

23 (d) DOCUMENTATION OF STATUS AS A LOW-INCOME

24 INDIVIDUAL.—Section 402A(e) of the Higher Education 

25 Act of 1965 (20 U.S.C. 1070a–11(e)) is amended— 


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1 (1) in paragraph (1)— 

2 (A) in subparagraph (C), by striking ‘‘or’’ 

3 after the semicolon; 

4 (B) in subparagraph (D), by striking the 

5 period at the end and inserting a semicolon; 

6 and 

7 (C) by adding at the end the following: 

8 ‘‘(E) documentation that the student has 

9 been determined to be eligible for a Federal Pell 

10 Grant under section 401; or 

11 ‘‘(F) for grants authorized under section 

12 402B and 402F of this chapter, documentation 

13 that a student is attending a school that had a 

14 percentage of enrolled students who are identi15 fied students (as defined in section 

16 11(a)(1)(F)(i) of the Richard B. Russell Na17 tional School Lunch Act (42 U.S.C. 

18 1759a(a)(1)(F)(i))) that meets or exceeds the 

19 threshold described in section 11(a)(1)(F)(viii) 

20 of that Act during the school year prior to the 

21 first year of the period for which such grant is 

22 awarded.’’; and 

23 (2) in paragraph (2)— 

24 (A) in subparagraph (C), by striking ‘‘or’’ 

25 after the semicolon; 


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1 (B) in subparagraph (D), by striking the 

2 period at the end and inserting a semicolon; 

3 and 

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

5 ‘‘(E) documentation that the student has 

6 been determined to be eligible for a Federal Pell 

7 Grant under section 401; or 

8 ‘‘(F) for grants authorized under section 

9 402B and 402F of this chapter, documentation 

10 that a student is attending a school that had a 

11 percentage of enrolled students who are identi12 fied students (as defined in section 

13 11(a)(1)(F)(i) of the Richard B. Russell Na14 tional School Lunch Act (42 U.S.C. 

15 1759a(a)(1)(F)(i))) that meets or exceeds the 

16 threshold described in section 11(a)(1)(F)(viii) 

17 of that Act during the school year prior to the 

18 first year of the period for which such grant is 

19 awarded.’’. 

20 (e) OUTCOME CRITERIA.—Section 402A(f) of the 

21 Higher Education Act of 1965 (20 U.S.C. 1070a–11(g)) 

22 is amended— 

23 (1) in paragraph (1)— 


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1 (A) in the paragraph heading, by striking 

2 ‘‘PRIOR EXPERIENCE’’ and inserting ‘‘PRIOR

3 SUCCESS’’; 

4 (B) by striking ‘‘January 1, 2009’’ and in5 serting ‘‘the date of enactment of the Edu6 cational Opportunity and Success Act of 2023’’; 

7 and 

8 (C) by striking ‘‘prior experience of’’ and 

9 inserting ‘‘prior success in achieving’’; and 

10 (2) in paragraph (3)— 

11 (A) in subparagraph (A)— 

12 (i) in clause (iv), by striking ‘‘that will 

13 make such students eligible for programs 

14 such as the Academic Competitiveness 

15 Grants Program’’ and inserting ‘‘that in16 cludes at least 4 years of mathematics, 3 

17 years of science, and 2 years of a foreign 

18 language’’; 

19 (ii) by redesignating clauses (v) and 

20 (vi) as clauses (vi) and (vii), respectively; 

21 and 

22 (iii) inserting after clause (iv), the fol23 lowing: 

24 ‘‘(v) the completion of financial aid 

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1 tion for Federal Student Aid described in 

2 section 483(a) and college admissions ap3 plications’’; 

4 (B) in subparagraph (B)— 

5 (i) in the matter preceding clause (i), 

6 by inserting ‘‘except in the case of pro7 grams that are specifically designed for 

8 veterans,’’ after ‘‘402C’’; 

9 (ii) in clause (v), by striking ‘‘that will 

10 make such students eligible for programs 

11 such as the Academic Competitiveness 

12 Grants Program’’ and inserting ‘‘that in13 cludes at least 4 years of mathematics, 3 

14 years of science, and 2 years of a foreign 

15 language’’; 

16 (iii) by redesignating clauses (vi) and 

17 (vii) as clauses (vii) and (viii), respectively; 

18 and 

19 (iv) inserting after clause (v), the fol20 lowing: 

21 ‘‘(vi) the completion of financial aid 

22 applications, including the Free Applica23 tion for Federal Student Aid described in 

24 section 483(a) and college admissions ap25 plications;’’; 


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1 (C) by redesignating subparagraphs (C) 

2 through (E) as subparagraphs (D) through (F), 

3 respectively; 

4 (D) by inserting after subparagraph (B) 

5 the following: 

6 ‘‘(C) For programs authorized under sec7 tion 402C that are specifically designed for vet8 erans, the extent to which the eligible entity 

9 met or exceeded the entity’s objectives for such 

10 program regarding— 

11 ‘‘(i) the delivery of service to a total 

12 number of students who are veterans 

13 served by the program, as agreed upon by 

14 the entity and the Secretary for the period 

15 of the program; 

16 ‘‘(ii) such students’ academic perform17 ance as measured by standardized tests; 

18 ‘‘(iii) the retention and completion of 

19 participants in the program; 

20 ‘‘(iv) the provision of assistance to 

21 students served by the program in com22 pleting financial aid applications, including 

23 the Free Application for Federal Student 

24 Aid described in section 483(a) and college 

25 admission applications; 


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1 ‘‘(v) the enrollment of such students 

2 in an institution of higher education; and 

3 ‘‘(vi) to the extent practicable, the 

4 postsecondary completion of such stu5 dents;’’; 

6 (E) in subparagraph (D), as redesignated 

7 by subparagraph (C), by striking clause (ii) and 

8 inserting the following: 

9 ‘‘(ii)(I) in the case of an entity that is 

10 an institution of higher education offering 

11 a baccalaureate degree, the extent to which 

12 the entity met or exceeded the entity’s ob13 jectives regarding the percentage of such 

14 students’ completion of a baccalaureate de15 gree at any baccalaureate granting institu16 tion within 6 years of initial enrollment in 

17 the project; or 

18 ‘‘(II) in the case of an entity that is 

19 an institution of higher education that does 

20 not offer a baccalaureate degree, the extent 

21 to which such students met or exceeded— 

22 ‘‘(aa) the entity’s objective re23 garding the transfer of such students 

24 to institutions of higher education 

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1 gardless of whether the transferring 

2 student completes a degree or certifi3 cate; and 

4 ‘‘(bb) the entity’s objective re5 garding the completion of a degree or 

6 certificate by such students at the in7 stitution or any accredited institution 

8 within 4 years of initial enrollment in 

9 the project;’’; 

10 (F) by amending subparagraph (E), as re11 designated by subparagraph (C), to read as fol12 lows: 

13 ‘‘(E) For programs authorized under sec14 tion 402E, the extent to which the entity met 

15 or exceeded— 

16 ‘‘(i) the entity’s objective regarding 

17 the delivery of service to a total number of 

18 students served by the program, as agreed 

19 upon by the entity and the Secretary for 

20 the period; 

21 ‘‘(ii) the entity’s objective regarding 

22 the provision of appropriate scholarly and 

23 research activities for the students served 

24 by the program; 


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1 ‘‘(iii) the entity’s objective regarding 

2 the acceptance and enrollment of such stu3 dents in graduate programs within 2 years 

4 of receiving the baccalaureate degree; 

5 ‘‘(iv) the entity’s objective regarding 

6 the continued enrollment of such students 

7 in graduate study; and 

8 ‘‘(v) the entity’s objective regarding 

9 the attainment of doctoral degrees by 

10 former program participants within 10 

11 years of receiving the baccalaureate de12 gree.’’; and 

13 (G) in subparagraph (F), as redesignated 

14 by subparagraph (C)— 

15 (i) in clause (i), by inserting ‘‘within 

16 2 years of participation in the program’’ 

17 after ‘‘such diploma or equivalent’’; and 

18 (ii) in clause (ii), by inserting ‘‘or re19 enrollment’’ after ‘‘the enrollment’’. 

20 (f) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 402A(g) of the Higher Education Act of 1965 (20 U.S.C. 

22 1070a–11(g)) is amended to read as follows: 

23 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the 

24 purpose of making grants and contracts under this chap25 ter, there are authorized to be appropriated 


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1 $1,191,000,000 for fiscal year 2024 and such sums as 

2 may be necessary for each of the five succeeding fiscal 

3 years. Of the amount appropriated under this chapter, the 

4 Secretary may use no more than 1 percent of such amount 

5 to obtain additional qualified readers and additional staff 

6 to review applications, to increase the level of oversight 

7 monitoring, to support impact studies, program assess8 ments, and reviews, and to provide technical assistance to 

9 potential applicants and current grantees.’’. 

10 (g) DEFINITIONS.—Section 402A(h) of the Higher 

11 Education Act of 1965 (20 U.S.C. 1070a–11(h)) is 

12 amended by striking paragraph (4) and inserting the fol13 lowing: 

14 ‘‘(4) LOW-INCOME INDIVIDUAL.—The term 

15 ‘low-income individual’ means— 

16 ‘‘(A) an individual from a family whose ad17 justable gross income for the preceding year did 

18 not exceed 150 percent of an amount equal to 

19 the poverty level determined by using criteria of 

20 poverty established by the Bureau of the Cen21 sus; 

22 ‘‘(B) an individual from a family whose ad23 justable gross income, as reported on the indi24 vidual’s most recently completed Free Applica25 tion for Federal Student Aid, did not exceed 


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1 150 percent of an amount equal to the poverty 

2 level determined by using criteria of poverty es3 tablished by the Bureau of the Census for that 

4 year; 

5 ‘‘(C) an individual who has been deter6 mined to be eligible for a Federal Pell Grant 

7 under section 401; or 

8 ‘‘(D) for grants authorized under section 

9 402B and 402F of this chapter, a student who 

10 is attending a school that had a percentage of 

11 enrolled students who are identified students 

12 (as defined in section 11(a)(1)(F)(i) of the 

13 Richard B. Russell National School Lunch Act 

14 (42 U.S.C. 1759a(a)(1)(F)(i))) that meets or 

15 exceeds the threshold described in section 

16 11(a)(1)(F)(viii) of that Act during the school 

17 year prior to the first year of the period for 

18 which such grant is awarded.’’. 

19 SEC. 3. UPWARD BOUND. 

20 Section 402C of the Higher Education Act of 1965 

21 (20 U.S.C. 1070a–13) is amended— 

22 (1) in subsection (d)— 

23 (A) in paragraph (6), by striking ‘‘and’’ 

24 after the semicolon; 


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1 (B) by redesignating paragraph (7) as 

2 paragraph (8); 

3 (C) by inserting after paragraph (6) the 

4 following: 

5 ‘‘(7) continued services through the student’s 

6 first year of attendance at an institution of higher 

7 education, to the extent the provision of such service 

8 was described in the eligible entity’s application for 

9 assistance; and’’; and 

10 (D) in paragraph (8), as redesignated by 

11 subparagraph (B), by striking ‘‘or paragraphs 

12 (1) through (6)’’ and inserting ‘‘or paragraphs 

13 (1) through (7)’’; 

14 (2) in subsection (f)— 

15 (A) by striking ‘‘$60’’ and inserting 

16 ‘‘$90’’; 

17 (B) by striking ‘‘$300’’ and inserting 

18 ‘‘$450’’; 

19 (C) by striking ‘‘$40’’ and inserting 

20 ‘‘$60’’; and 

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

22 ‘‘Adults participating in a project that is spe23 cifically designed for veterans under this section 

24 may be paid stipends not in excess of $100 per 

25 month during the year.’’; and 


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1 (3) by striking subsection (g) and redesignating 

2 subsection (h) as subsection (g). 

3 SEC. 4. POSTBACCALAUREATE ACHIEVEMENT PROGRAM 

4 AUTHORITY. 

5 Section 402E of the Higher Education Act of 1965 

6 (20 U.S.C. 1070a–15) is amended— 

7 (1) in subsection (b)(2), by striking ‘‘summer 

8 internships’’ and inserting ‘‘internships or faculty9 led research experiences’’; 

10 (2) in subsection (d)(4), by striking ‘‘summer 

11 research internships’’ and inserting ‘‘research intern12 ships or faculty-led research experiences’’; 

13 (3) in subsection (f)(1), by striking ‘‘$2,800’’ 

14 and inserting ‘‘$4,000’’; 

15 (4) by redesignating subsection (g) as sub16 section (h); and 

17 (5) by inserting after subsection (f) the fol18 lowing: 

19 ‘‘(g) DETERMINATION OF NEED.—A stipend pro20 vided to a student under subsection (f)(1) shall not be con21 sidered in determining that student’s need for grant or 

22 work assistance under this title, except that in no case 

23 shall the total amount of student financial assistance 


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1 awarded to a student under this title exceed that student’s 

2 cost of attendance, as defined in section 472.’’. 

Æ 


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