II 

117TH CONGRESS 

1ST SESSION S. 848 

To amend the Higher Education Act of 1965 in order to improve the service 

obligation verification process for TEACH Grant recipients, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 18, 2021 

Mr. BRAUN (for himself and Ms. SINEMA) 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 in order to 

improve the service obligation verification process for 

TEACH Grant recipients, 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 ‘‘Consider Teachers Act 

5 of 2021’’. 

6 SEC. 2. TEACH GRANTS. 

7 Section 420N of the Higher Education Act of 1965 

8 (20 U.S.C. 1070g–2) is amended— 

9 (1) in subsection (b)(1)— 


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1 (A) in subparagraph (A), by inserting ‘‘(re2 ferred to in this section as the ‘service obliga3 tion window’)’’ after ‘‘under this subpart’’; 

4 (B) in subparagraph (C)(vii), by inserting 

5 ‘‘or geographic area’’ after ‘‘field’’; and 

6 (C) by striking subparagraphs (D) and (E) 

7 and inserting the following: 

8 ‘‘(D) submit a certification of employment 

9 by the chief administrative officer of the school 

10 in accordance with subsection (d)(5); and 

11 ‘‘(E) meet all State certification require12 ments for teaching (which may include meeting 

13 such requirements through a certification ob14 tained through alternative routes to teaching);’’; 

15 (2) in subsection (c)— 

16 (A) by striking ‘‘In the event’’ and insert17 ing the following: 

18 ‘‘(1) IN GENERAL.—In the event’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(2) RECONSIDERATION OF CONVERSION DECI21 SIONS.— 

22 ‘‘(A) REQUEST TO RECONSIDER.—In any 

23 case where the Secretary has determined that a 

24 recipient of a grant under this subpart has 

25 failed or refused to comply with the service obliVerDate Sep 11 2014 04:36 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S848.IS S848

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1 gation in the agreement under subsection (b) 

2 and has converted the grant into a Federal Di3 rect Unsubsidized Stafford Loan under part D 

4 in accordance with paragraph (1), (including a 

5 TEACH Grant converted to a loan prior to the 

6 date of enactment of the Consider Teachers Act 

7 of 2021 and including cases where such loans 

8 have been fully or partially paid), the recipient 

9 may request that the Secretary reconsider such 

10 initial determination and may submit additional 

11 information to demonstrate satisfaction of the 

12 service obligation. Upon receipt of such a re13 quest, the Secretary shall reconsider the deter14 mination in accordance with this paragraph not 

15 later than 90 days after the date that such re16 quest was received. 

17 ‘‘(B) RECONSIDERATION.—If, in reconsid18 ering an initial determination under subpara19 graph (A) (including reconsideration related to 

20 a TEACH Grant that was converted to a loan 

21 prior to the date of enactment of the Consider 

22 Teachers Act of 2021 and including cases 

23 where such loans were fully or partially paid), 

24 the Secretary determines that the reason for 

25 such determination was the recipient’s failure to 


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1 timely submit a certification required under 

2 subsection (b)(1)(D) (as in effect on the day be3 fore the date of enactment of the Consider 

4 Teachers Act of 2021), an error or processing 

5 delay by the Secretary, a change to the fields 

6 considered eligible for fulfillment of the service 

7 obligation (as described in subsection 

8 (b)(1)(C)), a recipient having previously re9 quested to have the TEACH Grant converted to 

10 a loan, or another valid reason determined by 

11 the Secretary, and that the recipient has, as of 

12 the date of the reconsideration, demonstrated 

13 that the recipient did meet, or is meeting the 

14 service obligation in the agreement under sub15 section (b), the Secretary shall— 

16 ‘‘(i) discharge the Federal Direct Un17 subsidized Stafford Loan under part D, 

18 and reinstate the recipient’s grant under 

19 this subpart; 

20 ‘‘(ii) discharge any interest or fees 

21 that may have accumulated during the pe22 riod that the grant was converted to a 

23 Federal Direct Unsubsidized Stafford 

24 Loan under part D; 


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1 ‘‘(iii) if the recipient has other loans 

2 under part D, apply any payments made 

3 for the Federal Direct Unsubsidized Staf4 ford Loan under part D during such pe5 riod to those other loans under part D; 

6 ‘‘(iv) if the recipient does not have 

7 other loans under part D, reimburse the 

8 recipient for any amounts paid on the Fed9 eral Direct Unsubsidized Stafford Loan 

10 under part D during such period; 

11 ‘‘(v) request that consumer reporting 

12 agencies remove any negative credit report13 ing due to the conversion of the TEACH 

14 Grant to a loan; and 

15 ‘‘(vi) use the additional information 

16 provided under subparagraph (A) to deter17 mine the progress the recipient has made 

18 in meeting the service obligation. 

19 ‘‘(C) EXTENSION OF TIME TO COMPLETE

20 SERVICE OBLIGATION.—In the case of a recipi21 ent whose TEACH Grant was reinstated in ac22 cordance with subparagraph (B), the Secretary 

23 shall, upon such reinstatement— 

24 ‘‘(i) extend the time remaining for the 

25 recipient to fulfill the service obligation deVerDate Sep 11 2014 04:36 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S848.IS S848

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1 scribed in subsection (b)(1) to a period of 

2 time equal to— 

3 ‘‘(I) 8 years; minus 

4 ‘‘(II) the number of full academic 

5 years of teaching that the recipient 

6 completed prior to the reconversion of 

7 the loan to a TEACH Grant under 

8 subparagraph (B), including any 

9 years of qualifying teaching completed 

10 during the period when the TEACH 

11 Grant was in loan status; and 

12 ‘‘(ii) treat any full academic years of 

13 teaching described in clause (i)(II) as years 

14 that count toward the individual’s service 

15 obligation (regardless of whether the 

16 TEACH Grant funds were in grant or loan 

17 status) if that time otherwise meets the re18 quirements of this section.’’; and 

19 (3) in subsection (d), by adding at the end the 

20 following: 

21 ‘‘(3) COMMUNICATION WITH RECIPIENTS.—The 

22 Secretary shall notify TEACH grant recipients not 

23 less than once per calendar year regarding how to 

24 submit the employment certification under sub25 section (b)(1)(D) and the recommendations and reVerDate Sep 11 2014 04:36 Apr 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S848.IS S848

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1 quirements for submitting that certification under 

2 subsection (d)(5). 

3 ‘‘(4) QUALIFYING SCHOOLS AND HIGH-NEED

4 FIELDS.—The Secretary shall maintain and annually 

5 update a list of qualifying schools as described in 

6 subsection (b)(1)(B), and a list of high-need fields 

7 as described in subsection (b)(1)(C) and shall make 

8 such lists publicly available on the Department’s 

9 website in a sortable and searchable format.’’. 

10 SEC. 3. SUBMISSION OF EMPLOYMENT CERTIFICATION. 

11 Section 420N(d) of the Higher Education Act of 

12 1965 (20 U.S.C. 1070g–2(d)), as amended by section 2, 

13 is further amended by adding at the end the following: 

14 ‘‘(5) SUBMISSION OF EMPLOYMENT CERTIFI15 CATION.— 

16 ‘‘(A) RECOMMENDED SUBMISSIONS.—The 

17 Secretary shall notify TEACH Grant recipients 

18 that the Department recommends that TEACH 

19 Grant recipients submit the employment certifi20 cation described in subsection (b)(1)(D) as soon 

21 as practicable after the completion of each year 

22 of service. 

23 ‘‘(B) REQUIRED SUBMISSION.—A TEACH 

24 Grant recipient shall be required to submit to 

25 the Department employment certification within 


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1 the timeframe that would allow that individual 

2 to complete their service obligation before the 

3 end of the service obligation window. 

4 ‘‘(C) NOTIFICATION.—The Secretary shall 

5 notify TEACH Grant recipients of the required 

6 submission deadlines described in this para7 graph. 

8 ‘‘(D) ADJUSTMENT OF DEADLINE.—The 

9 Secretary shall adjust the submission deadline 

10 described in subparagraph (B) to account for a 

11 service obligation window extension. 

12 ‘‘(E) ALTERNATIVE TO CERTIFICATION.— 

13 The Secretary shall provide an alternative to 

14 the certification of employment described in 

15 subsection (b)(1)(D) for recipients who cannot 

16 obtain such required certification of employ17 ment from the chief administrative officer of 

18 the school because the recipient can dem19 onstrate the school is no longer in existence or 

20 the school refuses to cooperate.’’. 

21 SEC. 4. EXTENSION OF TIME TO FULFILL SERVICE OBLIGA22 TION DUE TO COVID–19. 

23 (a) Section 3519(a) of the CARES Act (Public Law 

24 116–136; 20 U.S.C. 1001 note) is amended— 


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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘For the purpose of section 420N of the 

3 Higher Education Act of 1965 (20 U.S.C. 1070g-2), 

4 during a qualifying emergency,’’ and inserting ‘‘Not5 withstanding any provision of subpart 9 of part A of 

6 title IV of the Higher Education Act of 1965 (20 

7 U.S.C. 1070g et seq.),’’; 

8 (2) in paragraph (1), by striking ‘‘and’’ after 

9 the semicolon; 

10 (3) in paragraph (2), by striking ‘‘such section 

11 420N.’’ and inserting ‘‘section 420N of such Act; 

12 and’’; and 

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

14 ‘‘(3) shall extend the service obligation window 

15 (as described in section 420N(b)(1)(A) of such Act) 

16 for a period of not more than 3 years, in addition 

17 to any extensions provided in accordance with sub18 part 9 of part A of title IV of the Higher Education 

19 Act of 1965 (20 U.S.C. 1070g et seq.), in the case 

20 of a grant recipient whose service obligation window 

21 begins during, or includes— 

22 ‘‘(A) the qualifying emergency period; or 

23 ‘‘(B) a period of recession or economic 

24 downturn related to the qualifying emergency 


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1 period, as determined by the Secretary in con2 sultation with the Secretary of Labor.’’. 

3 (b) Section 3519 of the CARES Act (Public Law 

4 116–136; 20 U.S.C. 1001 note) is amended by adding at 

5 the end the following: 

6 ‘‘(c) FEDERAL PERKINS LOANS.—Notwithstanding 

7 section 465 of the Higher Education Act of 1965 (20 

8 U.S.C. 1087ee), the Secretary shall waive the require9 ments of such section in regard to full-time service and 

10 shall consider an incomplete year of service of a borrower 

11 as fulfilling the requirement for a complete year of service 

12 under such section, if the service was interrupted due to 

13 a qualifying emergency.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect as if included in the enact16 ment of the CARES Act (Public Law 116–136). 

17 SEC. 5. IMPLEMENTATION. 

18 In carrying out this Act and any amendments made 

19 by this Act, or any regulations promulgated under this Act 

20 or under such amendments, the Secretary of Education 

21 may waive the application of— 

22 (1) subchapter I of chapter 35 of title 44, 

23 United States Code (commonly known as the ‘‘Pa24 perwork Reduction Act’’); 


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1 (2) the master calendar requirements under 

2 section 482 of the Higher Education Act of 1965 

3 (20 U.S.C. 1089); 

4 (3) negotiated rulemaking under section 492 of 

5 the Higher Education Act of 1965 (20 U.S.C. 

6 1098a); and 

7 (4) the requirement to publish the notices re8 lated to the system of records of the agency before 

9 implementation required under paragraphs (4) and 

10 (11) of section 552a(e) of title 5, United States 

11 Code (commonly known as the ‘‘Privacy Act of 

12 1974’’), except that the notices shall be published 

13 not later than 180 days after the date of enactment 

14 of this Act. 

Æ 


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